Item P2 P2
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: P2
2023-2424
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
n/a
AGENDA ITEM WORDING: A Public Hearing to Consider an Ordinance Amending The Monroe
County Land Use District("Zoning")Map From Urban Residential Mobile Home("URM")To Suburban
Commercial("SC") 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 00 1323 70-000000 and 00 1323 80-000000, as Proposed by
the Monroe County BOCC.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners (`BOCC) is proposing to amend the Land Use
District ("Zoning") Map From Urban Residential Mobile Home ("URM") To Suburban Commercial
("SC") for two (2) parcels of land adjacent Boca Chica Harbor currently assessed under Parcel
Identification Numbers 00132370-000000 and 00132380-000000 (the "Property").
*PLEASE SEE STAFF REPORT FOR FULL ANALYSIS*
PREVIOUS RELEVANT BOCC ACTION:
November 12, 2021: The Monroe County Board of County Commissioners ("BOCC" or "Monroe
County") 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 BOCC Resolution No. 049-2024
transmitting the proposed FLUM amendment to the State Land Planning Agency (Florida Commerce)
for review and comment.
3993
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2023-136—Ordinance.pdf
Exhibit I to Ordinance
LUD—IIA-17—MC—Stock Island.pdf
2023-136—BOCC—SR-4.19.24.docx
FINANCIAL IMPACT:
N/A
3994
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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 LAND
11 USE DISTRICT MAP FROM URBAN RESIDENTIAL MOBILE
12 HOME ("URM") TO SUBURBAN COMMERCIAL ("SC") FOR
13 TWO (2) PARCELS OF LAND LEGALLY DESCRIBED AS LOTS 3
14 AND 4, WATERS EDGE, ACCORDING TO THE MAP OR PLAT
15 THEREOF,AS RECORDED IN PLAT BOOK 1, PAGE 184, OF THE
16 OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA,
17 APPROXIMATE MILE MARKER 5, CURRENTLY HAVING
18 PROPERTY IDENTIFICATION NUMBERS 00132370-000000 AND
19 00132380-000000; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT
24 MAP; PROVIDING FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
28 "Monroe County", or the"County")has proposed an amendment to the Monroe County Land Use
29 District("LUD") Map from Urban Residential Mobile Home ("URM") to Suburban Commercial
30 ("SC") for two (2) lots adjacent to Boca Chica Harbor currently bearing Property Identification
31 Numbers 00132370-000000 and 00132380-000000 ("subject property" or the "property"); and
32
33 WHEREAS,the Board has also correspondingly proposed amending the property's Future
34 Land Use Map ("FLUM") category from Residential High ("RH") to Mixed Use/Commercial
35 ("MC"); and
36
37 WHEREAS, on July 18th, 2023, the Board held a community meeting, as required by
38 Monroe County Land Development Code("LDC")Sections 102-158(a)and 102-159(b),to discuss
39 the proposed FLUM amendment, and proposed LUD Map amendment; and
40
41 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
42 the proposed amendments at a regularly scheduled public meeting held on the 22rd day of August
43 2023; and
44
45 WHEREAS, at a regularly scheduled public meeting held on September 27d', 2023, the
46 Monroe County Planning Commission held a public hearing for the purpose of considering the
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3995
I proposed LUD map amendment and the corresponding proposed amendment of the property's
2 Future Land Use Map ("FLUM") category; and
3
4 WHEREAS, the Monroe County Planning Commission ("PC") adopted attached PC
5 Resolution No. P37-23 recommending that the Monroe County Board of County Commissioners
6 APPROVE the instant LUD amendment; and
7
8 WHEREAS,at a regularly scheduled meeting held on May 15th 2024,the Monroe County
9 Board of County Commissioners held a duly noticed public hearing, considered the Monroe
10 County Planning and Environmental Resources Department's April 19th, 2024-dated professional
11 staff report provided to the BOCC from Monroe County Planning and Environmental Resources
12 Department Senior Director Emily Schemper,A.LC.P., C.F.M., and Monroe County Planning and
13 Environmental Resources Department Senior Planner Liz Lustberg, A.LC.P., C.F.M.,
14 recommending that the Monroe County Board of County Commissioners APPROVE the instant
15 LUD amendment; and
16 WHEREAS, based upon the documentation submitted and information provided,
17 including but not limited to the information and documentation furnished by the Monroe County
18 Planning and Environmental Resources Department's professional staff, the Monroe County
19 BOCC hereby enters the following findings of fact:
20
21 1. Prior to the 1986 adoption of the County's current land development regulations and
22 their associated land use district maps, the Property was within the RU-3 (multifamily
23 residential) zoning district; and
24 2. In 1986, a series of zoning maps, entitled the Land Use District Map,were adopted for
25 all areas of the unincorporated county, and the Property was given the zoning
26 designation of Urban Residential-Mobile Home ("URM"); and
27 3. The proposed LUD amendment is not anticipated to adversely impact the community
28 character of the surrounding area;
29 a. As required by Monroe County Land Development Code § 102-158, the map
30 amendment does not relieve particular hardships, nor confer special privileges or
31 rights on any person, nor permit an adverse change in community character, as
32 analyzed in the Monroe County Year 2030 Comprehensive Plan;
33 b. As required by Monroe County Land Development Code § 102-158(d)(7)(b.), the
34 map amendment is needed due to changed projections from those on which the
35 boundary was based; and
36 4. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
37 of the Monroe County Year 2030 Comprehensive Plan;
38 5. The proposed LUD amendment is consistent with the Principles for Guiding
39 Development for the Florida Keys Area, Florida Statutes § 380.0552(7); and
40 6. The proposed LUD amendment is consistent with Part H of Chapter 163, Florida
41 Statutes;
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
45
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3996
I Section 1. Title and Recitals. The foregoing title and recitals are true and correct, and are
3 hereby incorporated as if fully set forth herein.
4 Section 2. Findings of Fact and Conclusions of Law. The foregoing findings of fact and
5 conclusions of law are true and correct and are hereby incorporated as if fully set
6 forth herein.
7
8 Section 3. The Monroe County BOCC accepts all of the analysis, findings of fact, and
9 conclusions of law in the April 191h, 2024-dated Monroe County Planning and
10 Environmental Resources Department professional staff report accompanying this
11 BOCC agenda item stating that it is for meeting date May 15, 2024,provided to
12 the Board by Senior Director Emily Schemper, A.LC.P., C.F.M., and Principal
13 Planner Liz Lustberg, A.LC.P., C.F.M. and hereby adopts all of the analysis,
14 findings of fact, and conclusions of law in the Department's professional staff
15 report as the BOCC's own analysis, findings of fact, and conclusions of law, and
16 incorporates said professional staff report as if fully set forth herein.
17
18 Section 4. The Monroe County BOCC accepts all of the analysis, findings of fact, and
19 conclusions of law in Monroe County Planning Commission Resolution No. P37-
20 23, and hereby adopts all of the analysis, findings of fact, and conclusions of law
21 in Planning Commission Resolution No. P37-23 as the BOCC's own analysis,
22 findings of fact, and conclusions of law, and incorporates Planning Commission
223
4 Resolution No. P37-23 as if fully set forth herein.
25 Section 5. The Monroe County BOCC finds and concludes that approval of this land use
26 district map amendment is compatible with the surrounding area and serves and in
27 fact and law will greatly benefit the health, safety, and welfare of the public at
29 large.
30 Section 6. The BOCC has fully considered all information of record presented before it
31 including but not limited to the foregoing and public comment. The Land Use Map
32 33 Designation of the Land Development Code is hereby amended as follows:
34 The property located at 6633 Maloney Ave. and Vacant, Maloney Ave, Stock
35 Island, Mile Marker 5, Legally Described as Lots 3 And 4 Waters Edge, according
36 to the Map Or Plat Thereof, as recorded in Plat Book 1 Page 84, Monroe County,
37 Florida, having Property Identification Numbers 00132370-000000 and 00132380-
38 000000 is amended from Urban Residential Mobile Home ("URM") to Suburban
30 Commercial("SC")as shown on Exhibit 1. attached hereto and incorporated herein.
41 Section 7. Construction and Interpretation. The construction and interpretation of this
42 Ordinance and all provisions of the Monroe County Comprehensive Plan, Florida
43 Building Code, Florida Statutes, and Monroe County Code(s) whose
44 interpretation arises out of, relates to, or is interpreted in connection with this
45 Ordinance shall be liberally construed and enforced in favor of the Monroe
46 County BOCC and such construction and interpretation shall be entitled to great
47 weight in adversarial administrative proceedings, at trial, bankruptcy, and on
49 appeal.
50 Section 8. No Liability. Monroe County expressly reserves in no way shall be deemed to
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3997
I have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
2 governmental, and any other similar defense, immunity, exemption, or protection
34 against any suit, cause-of-action, demand, or liability.
5 Section 9. Severability. If any provision of this ordinance, or any part or portion thereof, is
6 held to be invalid or unenforceable by any administrative hearing officer or court
7 of competent jurisdiction, the invalidity or unenforceability of such provision, or
8 any part or portion thereof, shall neither limit nor impair the operation,
9 enforceability,or validity of any other provision of this ordinance, or any remaining
10 part(s) or portion(s)thereof. All other provision of this ordinance, and remaining
12 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
13 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance
14 are hereby repealed to the extent of said conflict. The repeal of an ordinance
15 herein shall not repeal the repealing clause of such ordinance or revive any
16 ordinance which has ben repealed thereby.
17
18 Section 11. Transmittal. This ordinance shall be transmitted by the Director of Planning to
219
0 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
21 Section 12. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
22 secretary of the State of Florida but shall not become effective until a notice is
23 issued by the State Land Planning Agency or Administration Commission finding
24 the amendment in compliance, and if challenged, until such challenge is resolved
25 pursuant to Chapter 120, Florida Statutes.
26
27 Section 13. Inclusion on the Monroe County Code's Official Land Use District May. The
28 provisions of this Ordinance shall be included and incorporated on to the Official
329
0 Land Use District Map of Monroe County.
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
332
3 Florida, at a regular meeting held on the 151h day of May, 2024.
34 Mayor Holly Merrill Raschein
35 Mayor Pro Tem James K. Scholl
36 Commissioner Michelle Lincoln
37 Commissioner Craig Cates
38 Commissioner David Rice
39
40 BOARD OF COUNTY COMMISSIONERS
41 OF MONROE COUNTY, FLORIDA
42
43 BY:
44 Mayor Holly Merrill Raschein
4 "5 (SEAL) D (ATTORNEY
TO F ,M
47 ATTEST: KEVIN M D K CLERK
48 _._ .. ._. . _.. .. ...._ __ m�
50 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Date. 4/30/24
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Exhibit 1 to Ordinance# -2023
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The Monroe County Land Use District Map is amended
as indicated above.
Land Use District 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
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
7 We strive to be caring,professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 By and Through: Senior Director Emily Schemper, A.LC.P., C.F.M.
12
13 From: Senior Planner Liz Lustberg, A.LC.P., C.F.M.
14
15 Date: April 19, 2024
16
17 Subiect: An Ordinance by the Monroe County Board of County Commissioners amending
18 the Monroe County Land Use District (Zoning) Map from Urban Residential
19 Mobile Home (URM) to Suburban Commercial (SC) for two (2) parcels of land
20 currently assessed under Parcel Identification Numbers 00132370-000000 and
21 00132380-000000, Lots 3 and 4 Waters Edge, according to the map or plat thereof,
22 as recorded in Plat Book 1 Page 84; as proposed by the Monroe County BOCC.1
23
24 Meeting Date: May 15, 2024
25
26 I REQUEST
27
28 The Monroe County Board of County Commissioners ("BOCC) is proposing to amend the Land Use
29 District Map (Zoning) from Urban Residential Mobile Home (URM) to Suburban Commercial (SC) for
30 two (2) parcels of land adjacent Boca Chica Harbor currently bearing Property Identification Numbers
31 00132370-000000 and 00132380-000000 (the "Property").
32
33 The reason for the proposed amendment is to allow development of shoreside facilities for a managed
34 public mooring field in Boca Chica Harbor.
35
1 Monroe County Planning and Environmental Resources Department File No.2023-136.
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Existing Land Use(Zoning)District Proposed Land Use(Zoning)District
3 II. BACKGROUND INFORMATION
4 Site Information:
5 Location: MM 5, Stock Island
6 Address: 6633 Maloney Ave. and Vacant, Maloney Ave.
7 Legal Description: Lots 3 and 4 Waters Edge, according to the map or plat thereof, as recorded in
8 Plat Book 1 Page 84
9 Parcel Identification Numbers: 00132370-000000 and 00132380-000000
10 Owner/Applicant: Monroe County BOCC
11 Size of Property: 22,061.51 square feet(0.506 acres)per survey completed by Eric A. Isaacs, P.S.M.
12 of Florida Keys Land Surveying dated and signed January 8, 2021.
13 FLUM Designation: Residential High (RH); pending application to amend to Mixed Use/
14 Commercial (MC)
15 Land Use District: Urban Residential Mobile Home (URM); pending application to amend to
16 Suburban Commercial (SC)
17 Tier Designation: Tier III
18 Existing Vegetation/Habitat: Developed Land
19 Number of Listed Endangered or Threatened Species: Zero
20 Flood Zones: AE 9 and AE 10
21 CBRS: No
22 Existing Use: Vacant
23 Community Character of Immediate Vicinity: The immediately adjacent land use is residential on
24 three sides and Boca Chica Channel on the fourth side. Uses further from the property include
25 commercial retail, restaurant, light industrial, commercial fishing and transient.
26
27 The Property currently has a Land Use District(Zoning) designation of Urban Residential Mobile Home
28 (URM) and a Future Land Use Map (FLUM) designation of Residential High (RH). The Property was
29 within the RU-3 (multifamily residential) zoning district prior to 1986. In 1986, the Property was
30 designated as Urban Residential Mobile Home (URM). With the adoption of the Comprehensive Plan's
31 FLUM in 1997, the Property was given the current FLUM designation of Residential High(RH).
32
33 Concurrent Applications:
34 File: 2023-124: A corresponding Future Land Use Map (FLUM) amendment for the Property, requesting
35 to amend the FLUM from Residential High(RH)to Mixed Use Commercial (MC).
36
37 Community Meeting and Public Participation
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I In accordance with LDC Section 102-159(a), a community meeting was held on July 18, 2023, at 5:05
2 PM via zoom to discuss the proposed Future Land Use Map (FLUM) amendment and corresponding Land
3 Use District (Zoning) Map amendment, and to provide for public participation. Concerns raised at the
4 meeting included but were not limited to:
5 Unmanaged mooring in Boca Chica Harbor and associated shoreside activity
6
7 Development Review Committee Meeting:
8 The proposed amendment went before the DRC on August 22, 2023. On the same day the Planning
9 Director signed DRC Resolution No. 16-23 recommending approval of the proposed amendment.
10
11 Planning Commission Meeting:
12 The proposed amendment went before the Planning Commission on September 27, 2023. On that same
13 day Planning Commission Chair Joe Scarpelli signed Resolution No. P37-23 recommending approval.
14
15 Prior Relevant BOCC Action:
16
17 March 19, 2008
18 The BOCC approved Resolution 078-2008. An image of the approved Resolution is pictured below:
NOW 'I'HEItFFORE,, BE IT > ES,(.)I,, FD by the Monroe County lioarld of County
Commissioners::
I. The BOC.C"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 rnanagc:d mooring field
at the Boca Chica harbor anchorage..
3. The BOCC C directs staff to consider captions for establishing a shore-side fhcility to serve a
mooring field at Boca Chica harbor, including the feasibility of public/private
partnerships.
4. 'the BOC;4, and staff' will collaborate with the 1:10rida Department of Environmental
Protection concerning the creed for addressing anchoring issues at Boca Chica harbor,and
address permitting criteria for mooring installations in an effort to eliminate
19 environmental impacts associated with current anchoring activities.
20
21 September, 2008
22 `Development of a Boating Management Plan for the Boca Chica Harbor Area,preliminary review' was
23 written by the Monroe County Office of Marine Resources at the direction of BOCC Resolution 078-2008
24 to "evaluate the potential of establishing a managed mooring field and pump out facility to serve boaters
25 and protect the environment."
26
27 The plan included the following statement, "In 2002 the Marine Resources Department conducted an in-
28 depth study of anchorages and associated impacts throughout the Keys(Keys-Wide Mooring Field System
29 Preliminary Planning Document). ... That 2002 study indicated that the Boca Chica Harbor area was the
30 most heavily used of the five anchorages in need of boating management. The anchorage had over one
31 hundred vessels, with no pumpout facilities or designated shoreside facilities available." The document
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I also states that in 2008 "Issues related to the unregulated anchorage at Boca Chica Harbor persist, and the
2 numbers of derelict vessels are increasing."
3
4 May 17, 2011
5 `Vessel Mooring Study —Boca Chica Harbor—Monroe County, Florida, Final Report' was prepared for
6 the Monroe County Marine Resources Office by Terramar Environmental Services Inc to "support
7 Monroe County's efforts to manage marine resources and boating impacts throughout the Florida Keys."
8 This document included the following statement, "The Vessel Study seeks to acquire anchoring/mooring
9 device data, collect vessel distribution data, characterize vessel type and use, perform GIS mapping and
10 analysis, evaluate the findings,and make preliminary recommendations for anchorage management." The
11 study found bottom damage due to inappropriate mooring devices and water pollution due to lack of
12 services, including pump out service.
13
14
15 October 17, 2012
16 The BOCC approved Ordinance No. 036-2012 to update the County Code Chapter 26, Waterways, to
17 allow for and to regulate managed mooring fields as part of the state's pilot program. This was re-
18 approved and updated through Ordinance No 009-2013. These ordinances expired with the State's pilot
19 program in 2017.
20
21 May, 2014
22 `Monroe County Mooring Field Feasibility Study' was prepared for the Monroe County BOCC by Coastal
23 Systems International, Inc. to analyze potential managed mooring field locations. The purpose of this
24 Study was to "...examine the existing unmanaged anchorages at Jewfish Creek, Buttonwood Sound, and
25 Boca Chica Basin, ... identify possible shoreside facilities, create conceptual mooring field designs for all
26 three sites, and determine the optimal mooring field location. ... determined that the Buttonwood Sound
27 area would be the optimal site to design, permit, and construct Monroe County's next managed mooring
28 field, although all three sites would benefit from the implementation of a managed mooring field."
29
30 July and October, 2017
31 `Monroe County Boca Chica Mooring Field Feasibility Study' and the `Monroe County Boca Chica
32 Mooring Field Detailed Feasibility Study' were prepared for the Monroe County BOCC by Coastal
33 Systems International, Inc.
34 These studies analyzed the feasibility of locating a mooring field in Boca Chica Harbor and determined
35 that even though there are issues, this is a suitable location for a mooring field.
36
37 September 3, 2019
38 A memo from Coastal Systems International to Richard Jones, Monroe County Planning and
39 Environmental Resource Department, addressed the feasibility of permitting a mooring field in Boca
40 Chica Harbor and indicated that the County could meet the requirements for permit approval.
41
42 Various Dates From 2008 to 2019
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I Monroe County sought to partner with 26 private entities that owned shoreside properties on the east side
2 of Stock Island to provide shoreside services to a Boca Chica Harbor mooring field and attempted to
3 purchase two properties in order to directly provide shoreside services. These partnerships and purchases
4 were unsuccessful in establishing a mooring field with shoreside facility in Boca Chica Harbor.
5
6 October 20, 2021
7 The BOCC approved bulk agenda item W.3 to approve the purchase of the Property as part of a mediated
8 settlement agreement between the County and the previous property owner to resolve code compliance
9 disputes. The Property was recognized as a possible site for a shoreside facility as part of the decision to
10 purchase the Property. The Agenda Item Summary,prepared by the County Attorney's Office stated"The
11 property has been evaluated by County staff and has the potential to provide public waterfront
12 access/and/or serve as a mooring field shoreside facility in Stock Island, Florida. Due to the potential for
13 mooring field development, the use of County Boating Improvement Funds (BIF) is appropriate to
14 facilitate the purchase of these two waterfront lots."
15
16 November 12, 2021
17 The County purchased the Property as recorded in document 41349360 and 2349358 recorded with the
18 Clerk of Court in Official Records Book 4 3138 at Pages 4 1150 and 1155.
19
20 June 21, 2023
21 The BOCC "approved of a contract with Geosyntec Consultants, Inc. dba Applied Technology &
22 Management (Geosyntec) to perform Mooring Field Design & Permitting Services in Monroe County.
23 (quote from agenda item J3 6/21/23 BOCC meeting)
24
25
26 III. AMENDMENT REVIEW
27
28 Staff has reviewed the proposed amendment for consistency with State Statutes (including 163.3187,
29 F.S.), Rules, internal consistency with the Comprehensive Plan and balancing all the requirements and
30 policy issues.
31
32 The below table provides an approximation of the development potential for residential, transient and
33 commercial development. Section 130-156(b) of the Land Development Code states: The density and
34 intensity provisions set out in this section are intended to be applied cumulatively so that no development
35 shall exceed the total density limits ofthis article. For example, ifa development includes both residential
36 and commercial development, the total gross amount of development shall not exceed the cumulated
37 permitted intensity of the parcel proposed for development.
38
39 Maximum Allocated Density and Intensity by Land Use District (Zoning) Map Designation
40 Land Development Code Sections 130-157, 130-162, 130-164
Existing Zoning Type Adopted Standards Maximum Development
Potential
Urban Residential Residential 1 du/lot 2 du
Mobile Home(URM) Allocated Density
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TDR/Market Rate 0 0 du
Total Upland Area:0.506 Residential Max.Net
acres Density
(22,061.51 sf) Affordable Residential
2 platted lots 0 0 du
Max.Net Density
0.4048 buildable acres Transient 5 rooms/spaces/gross acre
A 2.53 rooms/spaces
Allocated Density
Transient 7 rooms/spaces/buildable 2.83 rooms/spaces
Max.Net Density acre
Nonresidential 0 0
Uses(sf)
Proposed Zoning Type Adopted Standards Development potential
based upon density
Residential 3 du/upland acre 1.52 du
Allocated Density
TDR/Market Rate 6 du/buildable acre
Residential Max.Net 2.43 du
Suburban Density
Commercial(SC)
Affordable Residential 18 du/buildable acre 7.29 du
Total Upland Area: Max.Net Density
0.506 acres
(22,061.51 sf) Transient 5-10 rooms/spaces/gross acre 2.53 —5.06 rooms/spaces
2 platted lots Allocated Density
15 rooms/spaces hotel
0.4048 buildable acres Transient 20 rooms spaces
Max.Net density institutional residential 6.07—8.10 rooms/spaces
N/A campground
Nonresidential 0.15 to 0.40 FAR 3,30923—8,824.60 sf
Maximum Uses(sf)
Residential Market Rate Allocated Density: -0.48 du
TDR/Market Rate Residential Max Net Density: +2.43 du
Net Change in Affordable Residential Max Net Density: +7.29 du
Development Potential
Based on Zoning Transient Allocated Density: +2.53 rooms/spaces
Transient Max.Net Density: +3.24-5.27 rooms/spaces
Nonresidential Uses: +3,309.23—8,824.60 sf
1
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I As shown in the orange portion of the table, the proposed Zoning amendment would result in a decrease
2 in potential permanent allocated residential density, an increase in potential maximum net, affordable and
3 transient residential density, and an increase nonresidential floor area ratio allowed.
4
5 Military Installation Area of Impact (MIAI)
6 The Property is within the MIAI and within the 60 and 65 DNL. Pursuant to Comprehensive Plan
7 Objective 108.1 and Policies 108.1.1 and 108.1.3, the Application was transmitted to the commanding
8 officer of Naval Air Station Key West. Within 30 days from the date of receipt from Monroe County of
9 proposed changes,the Naval Air Station Key West commanding officer or his or her designee may provide
10 comments to Monroe County on the impact proposed changes may have on the mission of the military
11 installation.
12
13 Pursuant to LDC Sec. 102-158(d)(7)b., the BOCC may consider the adoption of an ordinance
14 enacting the proposed change based on one or more of the following factors:
15
16 1. Changed projections (e.g., regarding public service needs)from those on which the text or boundary
17 was based;
18
19 Through BOCC Resolution No. 078-2008, the BOCC acknowledged the environmental impacts
20 associated with the anchorage at Boca Chica Harbor and directed Staff to evaluate the potential of
21 establishing a managed mooring field and pumpout facilities. This established a need for a new public
22 service in the form of a managed mooring field in the Boca Chica Harbor area. The Property is adjacent
23 Boca Chica Harbor.
24
25 Per Florida Administrative Code 62-330.420, a shoreside facility is required prior to receiving permit
26 approval from the State of Florida for a managed public mooring field. Public buildings and uses are
27 not a permitted used within the current LUD of the Property and would not be consistent with the
28 current FLUM designation; therefore, the current LUD does not allow for the development of a
29 shoreside facility on the Property. Alternatively, public buildings and uses are consistent with the
30 Suburban Commercial zoning designation. The purpose of the proposed Zoning amendment is to allow
31 the Property to be developed with a shoreside facility for a managed public mooring field in Boca Chica
32 Harbor. The changed projection,which is the need for this public service in this area, occurred after the
33 current zoning (1986) and FLUM (1997)were established on the Property.
34
35 Additionally,there have been changes in State regulations supporting the County management of public
36 mooring fields in ways that were not permissible at the time the current zoning designation was
37 established on the Property. These changes are summarized below:
38
39 2009
40 "Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in
41 consultation with the Florida Department of Environmental Protection to establish a Pilot Program to
42 explore potential options for regulating the anchoring or mooring of non-liveaboard vessels outside the
43 marked boundaries of public mooring fields (327.4105 F.S.)" (quoting from Resolution approving
44 Ordinance 036-2012)
7of15
4007
1
2 2015
3 Florida Administrative Code 62-330.420 General Permit to Local Governments for Public Mooring
4 Fields became effective. This rule change allows "local governments to construct, operate, and
5 maintain a public mooring field" with permit approval from the state. "To qualify for this general
6 permit, the local government must comply with the following specific conditions, ... 3. The mooring
7 field shall be associated with an existing or permitted land-based support facility that is
8 operational prior to the mooring field being occupied. The land-based support facility shall
9 provide amenities and conveniences for the number of occupants that are using the mooring field
10 (e.g.,parking,bathrooms, shower facilities,laundry facilities, etc.). These details shall be included
11 in the Management Plan." (quoting Florida Administrative Code 62-330.420)
12
13 2017
14 The pilot program established in 2009 for local governments to manage mooring fields expired.
15 The Florida Legislature amended Chapter 327 Vessel Safety to allow a buffer area around public
16 mooring fields.
17 327.4109 Anchoring or mooring prohibited; exceptions; penalties. —currently says:
18 "(1)(a) The owner or operator of a vessel or floating structure may not anchor or moor such that the
19 nearest approach of the anchored or moored vessel or floating structure is: ... 3. Within 100 feet
20 outward from the marked boundary of a public mooring field or a lesser distance if approved by the
21 commission upon request of a local government within which the mooring field is located. The
22 commission may adopt rules to implement this subparagraph.
23 (b) This subsection does not apply to:
24 1. A vessel owned or operated by a governmental entity.
25 2. A construction or dredging vessel on an active job site.
26 3. A commercial fishing vessel actively engaged in commercial fishing.
27 4. A vessel actively engaged in recreational fishing if the persons onboard are actively tending hook
28 and line fishing gear or nets."
29
30 2021
31 The Florida Legislature amended Chapter 327 Vessel Safety.
32 327.4108(3)(a) F.S. designated Monroe County as an "anchoring limitation area" as a means of
33 addressing long-term anchoring issues in waters throughout the Florida Keys. This legislation included
34 a requirement that 250 new public mooring balls be placed within one mile of the Key West Bight City
35 Dock and 50 additional moorings be placed within the existing Key West Garrison Bight Mooring
36 Field, to ensure that an alternative for the existing liveaboard community in this area was available
37 prior to implementing a 90-day time limit for vessels anchored in waters throughout the Florida Keys.
38
39 2022
40 The Florida Legislature amended Chapter 327 Vessel Safety.
41 327.4108(3)(a)F.S. amended the number of required new moorings from 300 to"at least 100"to ensure
42 the successful implementation of the 90-day anchoring time limit.
8of15
4008
1
2 2023
3 The Florida Legislature appropriated $1,610,000 in Specific Appropriation 1933A for Florida Keys
4 Marine Protection Mooring Field Project.
5
6 2. Changed assumptions (e.g., regarding demographic trends)from those on which the existing text or
7 boundary was based-
8
9 N/A
10
11 3. Data errors, including errors in mapping, vegetative types and natural features which contributed to
12 the application of the existing text or boundary;
13
14 N/A
15
16 4. New issues which arose after the application of the existing text or boundary;
17
18 N/A
19
20 5. Recognition of a need for additional detail or comprehensiveness; or
21
22 N/A
23
24 6. Data updates;
25
26 As described in the Prior County Actions on Pages 2 through 4 of this Report, Monroe County has
27 documented the problems with unmanaged moorings in the Boca Chica Harbor. It has been determined
28 that the area would be a viable location for a managed public mooring field, which requires an
29 associated shoreside facility. The Property is a suitable location for such shoreside facility.
30
31 Additionally, State regulations have changed to allow local governments to manage public mooring
32 fields, to allow local governments to enforce a no anchoring zone around public mooring fields, and
33 require that such mooring fields have associated shoreside facilities.
34
35 In no event shall an amendment be approved which will result in an adverse change in community
36 character to the sub-area which a proposed amendment affects or to any area in accordance with a
37 Livable CommuniKeys master plan pursuant to findings ofthe BOCC[Ref. LDC Section 102-158(d)(7)d.J.
38
39 Staff does not anticipate that this amendment to the LUD designation of the Property would result in an
40 adverse change in the community character. The Property had been the subject of years long code
41 enforcement cases, which were resolved with County ownership. Currently, there is unmanaged mooring
42 in Boca Chica Harbor with insufficient shoreside access. The LUD Map (and associated FLUM)
43 amendment would allow the property to be used for a shoreside facility. A shoreside facility is a
44 requirement for the County to receive permit approval to develop a managed public mooring field in Boca
45 Chica Harbor. The shoreside facility should also assist in reducing unmanaged shoreside access through
46 other properties in the area.
9of15
4009
1
2 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
3 THE STOCK ISLAND LIVEABLE COMMUNIKEYS PLAN, AND THE MONROE COUNTY
4 LAND DEVELOPMENT CODE
5
6 If the FLUM designation of the Property is amended from RH to MC, as proposed in companion
7 application File 4 2023-124, then the proposed LUD Map amendment from URM to SC would be
8 consistent with the Comprehensive Plan.
9
10 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
11 County Year 2030 Comprehensive Plan. Specifically,it furthers:
12
13 Goal 101
14 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
15 residents and visitors, and protect valuable natural resources.
16
17 Objective 101.3
18 Monroe County shall regulate new residential development based upon the finite carrying capacity of
19 the natural and man-made systems and the growth capacity while maintaining a maximum hurricane
20 evacuation clearance time of 24 hours.
21
22 Objective 101.4
23 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve
24 the needs of the future population of Monroe County.
25
26 Objective 101.5
27 Monroe County shall regulate future development and redevelopment to maintain and enhance the
28 character of the community and protect natural resources by providing for the compatible distribution
29 of land uses consistent with the designations shown on the Future Land Use Map.
30
31 Policy 101.5.6
32 The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
33 the establishment of mixed use commercial land use (zoning) districts where various types of
34 commercial retail and office may be permitted at intensities which are consistent with the community
35 character and the natural environment. Employee housing and commercial apartments are also
36 permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas
37 of mixed uses, which may include maritime industry, light industrial uses, commercial fishing,
38 transient and permanent residential, institutional,public, and commercial retail uses.
39
40 This future land use category is also intended to allow for the establishment of mixed use development
41 patterns, where appropriate. Various types of residential and nonresidential uses may be permitted;
42 however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall
43 continue to take a proactive role in encouraging the preservation and enhancement of community
44 character and recreational and commercial working waterfronts.
45
10 of 15
4010
I In order to protect environmentally sensitive lands, the following development controls shall apply to
2 all hammocks,pinelands, and disturbed wetlands within this land use category:
3
4 Lonly low intensity commercial uses shall be allowed;
5 2.a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
6 3.maximum net residential density shall be zero.
7 ...Information related to MI zoning district omitted...
8
9 Policy 101.5.25
10 Monroe County hereby adopts the following density and intensity standards for the future land use
11 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20.
12
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�.45
Use/Commercial 3 du(SC) 12 du(UC) (SC,UC,DR,MU)
MC M(g) 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:
(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.
11 of 15
4011
(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).
0) 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 County
4 communities. These efforts shall focus on the human crafted environment and shall be undertaken
5 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 the
9 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans
10 have been completed in accordance with the principles outlined in this section and adopted by the
11 Board of County Commissioners:
12
13 ...
14
15 The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference into
16 the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master
17 Plan have been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan.
18 Only the Action Items denoted with a green checkmark in this Master Plan have been adopted
19 equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green
20 checkmark next to them are not considered to be consistent with the definitions of "Objective" and
21 "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 010-2007.
22
23 Volume Two(2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled Harbor
24 Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and incorporated
25 by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark
26 in this Master Plan have been adopted and approved as equivalent to the term Objectives in the
27 Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan have
28 been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items
29 without a green checkmark next to them are not considered to be consistent with the definitions of
30 "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 011-2007.
31
32 Goal202
12 of 15
4012
I The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays,
2 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible,
3 improved or restored.
4
5 Objective 202.3
6 Monroe County shall support existing vessel discharge regulations, including the No Discharge Zone
7 regulations of the Florida Keys National Marine Sanctuary, and encourage use and expansion of
8 sewage pump-out facilities throughout Monroe County to reduce pollutant discharges into nearshore
9 surface waters from live-aboard vessels and increase the total number and availability of pump out
10 opportunities for both shoreside and anchored vessels throughout the Florida Keys.
11
12 Policy 202.3.4
13 Monroe County shall maintain and update, as needed, the Monroe County Code pertaining to live-
14 aboard vessels, either in mooring fields or free-anchored, which establish the following (regulations
15 pertaining to free-anchored vessels may require additional authorization by state statute): ...
16
17 Goal203
18 The health and integrity of living marine resources and marine habitat, including mangroves,
19 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where
20 possible, restored and enhanced.
21
22 Objective 203.2
23 Monroe County shall protect submerged lands vegetated with seagrasses by maintaining regulations
24 which further reduce direct and indirect disturbances to seagrasses.
25
26 Objective 203.3
27 Monroe County shall continue to support state and federal agencies in development and
28 implementation of management measures designed to protect coral reefs and other hardbottom
29 communities located in the waters off the Florida Keys.
30
31 Objective 203.5
32 Monroe County shall continue to review the recommendations and options identified in The Boating
33 Impacts Management Plan Final Report (1992); Keys-Wide Mooring Field System Preliminary
34 Planning Document (2002); and Development of a Boating Management Plan for the Boca Chica
35 Harbor Area(2008),which are designed to reduce adverse impacts on water quality and living marine
36 resources associated with recreational boating.
37
38 Policy 203.5.2
39 Monroe County shall maintain a plan for mooring buoy sites, including:
40 1. live-aboard mooring sites (See Policy 202.3.4); and
41 2. short-term recreational mooring sites.
42 Identification of mooring sites shall be undertaken in coordination with NOAA and FDEP, and shall
43 be consistent with recommendations of the Florida Keys National Marine Sanctuary Management
44 Plan.
45
46 Objective 212.4
13 of 15
4013
I Monroe County shall maintain land development regulations pertaining to mooring fields and
2 structures built over water (including, but not limited to, boat docks, fishing piers, swimming piers
3 and observation decks).
4
5 Policy 212.4.7
6 Monroe County shall establish, evaluate and identify potential sites for the installation of mooring
7 fields and maintain policies and regulations pertaining to mooring fields, which specifically address
8 the following (some sections may not apply to short-term recreational mooring fields):
9 1. Siting criteria;
10 2. Mooring design criteria based on seagrass protection as permitted by FDEP;
11 3. Recommendations or standards for management from shore-side facilities; and
12 4. Provision of vessel pump-out services; and [F.S. § 163.3178(2)(g)]
13 5. Current need for moorings and projected use.
14
15 Goal 214
16 Monroe County shall maintain or provide the necessary services and infrastructure to support existing
17 and new development proposed by the Future Land Use Element while limiting County public
18 expenditures which result in the loss of or adverse impacts to environmental resources in the Coastal
19 Zone.
20
21 B. The proposed amendment is consistent with the Stock Island/Key Haven Livable CommuniKeys
22 Plan Volumes I and IL Specifically,it furthers:
23
24 Strategy 3.2,Volume I
25 Provide additional services to live-aboards to promote a cleaner and healthier living environment for
26 the live-aboards and the community.
27
28 Action Item 3.2.1,Volume I
29 Locate a site with appropriate density for a mooring field and a shore side management facility.
30
31 Action Item 3.2.2,Volume I
32 Provide a mooring field for live-aboards.
33
34 Action Item 3.2.3,Volume 1
35 Upon locating a site, improve amenities available on shore to liveaboards including docking space for
36 dingies,pumpout stations, and restrooms.
37
38 Action Item 3.2.4,Volume I
39 Educate live-aboards on the benefits of hooking up to a mooring field.
40
41 Action Item 6.2.1,Volume I
42 Identify ideal locations for mooring fields.
43
44 C. The proposed amendment is consistent with the provisions and intent of the Monroe County
45 Code Land Development Code.
46
14 of 15
4014
I Section 130-46, Purpose of the Suburban Commercial(SC) District
2 The purpose of the SC district is to establish areas for commercial uses designed and intended
3 primarily to serve the needs of the immediate planning area in which they are located. This district
4 should be established at locations convenient and accessible to residential areas to reduce trips on U.S.
5 1.
6
7 Section 130-52, Purpose of the Urban Residential—Mobile Home District(URM)
8 The purpose of the URM district is to recognize the existence of established mobile home parks and
9 subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of
10 affordable and moderate-cost housing in the county.
11
12 V. STAFF RECOMMENDATION
13
14 Staff recommends approval of the proposed LUD Map amendment from Urban Residential Mobile Home
15 (URM) to Suburban Commercial (SC) on the Property, contingent on approval of the corresponding
16 FLUM amendment.
17
18
19
20
21 VI. EXHIBITS
22
23 1. 11"by 17" LUD Amendment Map
24 2. LDC Sections 130-93 and 130-99, the permitted and conditional uses for Suburban Commercial and
25 Urban Residential Mobile Home Land Use Districts.
15 of 15
4015
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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u D„
� �dBI
i 4Q I i
y
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I
I
Boca Chica Mooring Field
0/10
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f
w
a �
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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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