Loading...
Item S2 S2 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 October 16, 2024 Agenda Item Number: S2 2023-3066 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider a Resolution Transmitting to the State Land Planning Agency an Ordinance by the Monroe County Board of County Commissioners Amending Monroe County 2030 Comprehensive Plan Policy 212.3.2(5) to Permit Marinas as an Allowed Use on Properties That Are Both Within Unit 57 of the Coastal Barrier Resource System and Located within the Safe Harbor Center Overlay District, as requested by JKYD, LLC. ITEM BACKGROUND: On October 12, 2023, the Monroe County Planning and Environmental Resources Department received an application from Smith-Hawks P.L. (the "Agent") on behalf of JKYD, LLC (the "Applicant") requesting approval to amend Monroe County Comprehensive Plan Policy 212.3.2(5) to permit marinas as an allowed use on properties that are both within Unit 57 of the Coastal Barrier Resource System and located within the Safe Harbor Overlay District. The application was submitted on behalf of JKYD, LLC, to allow for the future development of a marina on a parcel on Shrimp Road, Stock Island currently having Parcel ID No. 00123720-000400. See professional staff report for complete analysis. PREVIOUS RELEVANT BOCC ACTION: On September 10, 2012, the Monroe County BOCC adopted BOCC Resolution No. 221-2012 to support legislation to exclude Harbor Enterprises, Inc. and Robbie's Safe Harbor Marine Enterprises, Inc. from the Coastal Barrier Resource System. The subject Resolution specified that Parcel ID Nos. 00123660- 00000 and 00123720-000400 (subject property) "were fully developed, as that term is defined in the Coastal Barrier Resource Act, 16 U.S. C.A. §§3501, et seq., as an operational marina and auto salvage yard, respectfully,prior to the effective date of the Coastal Barrier Resources Act ("CBRA'), on October 18, 1982, and their inclusion in the System on November 16, 1990;" On December 11, 2013, Monroe County BOCC adopted BOCC Ordinance No. 045-2013, amending the Future Land Use Map ("FLUM") designation for 18 parcels on Stock Island, including the Subject 5760 Property, from Industrial (1) to Mixed Use Commercial (MC) [Planning Department File 2012-0751. This became effective February 6, 2014. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Monroe County Planning and Environmental Department professional staff recommends approval. DOCUMENTATION: Exhibit A to Resolution - Ordinance 2023-244.SR.BOCC.10.16.24.pdf Transmittal—Reso.pdf FINANCIAL IMPACT: N/A 5761 1 EXHIBIT A TO RES. NO. -2024 2 18 l 3 5 t is 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2024 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING POLICY 212.3.2 OF 14 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO 15 INCLUDE ADDITIONAL LANGUAGE TO PERMIT MARINAS AS 16 AN ALLOWED USE ON PARCELS THAT ARE BOTH WITHIN 17 UNIT 57 OF THE COASTAL BARRIER RESOURCE SYSTEM AND 18 LOCATED WITHIN THE SAFE HARBOR COMMUNITY CENTER 19 OVERLAY DISTRICT AS PROPOSBU BY JKYD, LLC; 20 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 21 OF CONFLICTING PROVISIONS; PROVIDING FOR 22 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 23 AND THE SECRETARY OF STATE; PROVIDING FOR 24 INCLUSION IN, THE MONROE COUNTY COMPREHENSIVE 25 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2023-244) 26 27 28 WHEREAS, On October 12, 2023, the Planning and Environmental Resources 29 Department received an application from Smith/Hawks, PL (the "Agent") on behalf of JKYD, 30 LLC (the "Applicant") to amend Monroe County Comprehensive Plan Policy 212.3.2 to permit 31 marinas as an allowed use on parcels that are both within Unit 57 of the Coastal Barrier Resource 32 System and located within the Safe Harbor community Center Overlay District. The Application 33 was submitted on behalf the property owner to allow for the future development of a marina on a 34 parcel on Shrimp Road, Stock Island having Monroe County Parcel No. 00123720-000400; and 35 36 WHEREAS, on May 22, 2024, a concept meeting was held, as required by LDC Section 37 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text 38 amendments, and it was determined that the proposed amendment would not have a County-wide 39 impact and a Community Meeting would not be required in accordance with LDC Section 102- 40 159(b); and 41 42 WHEREAS,the Applicant has submitted a corresponding text amendment to the Monroe 43 County Land Development proposing to amend Section 118-15(5)to permit marinas as an allowed 44 use on parcels that are both within Unit 57 of the Coastal Barrier Resource System and located 45 within the Safe Harbor Community Center Overlay District; and 46 Ord -2024 Page 1 of 4 File 2023-244 5762 I WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 2 considered the proposed amendment at a regularly scheduled meeting held on July 22, 2024; and 3 4 WHEREAS,the Monroe County Planning Commission ("Planning Commission") held a 5 public hearing on the 28 h day of August 2024, for review and recommendation on the proposed 6 Comprehensive Plan text amendment; and 7 8 WHEREAS, based upon the information and documentation submitted, the Planning 9 Commission made the following Findings of Fact and Conclusions of Ltw: 10 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 11 Monroe County Year 2030 Comprehensive Plan; and 12 2. The proposed amendment is consistent with the Principles for Guiding Development 13 for the Florida Keys Area of Critical State Concern,Sec. 380.0552(7), F.S.; and 14 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; 15 16 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P16-24 17 recommending approval with changes as discussed during the hearing of the proposed amendment; 18 and 19 20 WHEREAS,at a regular meeting held on the 16'h day of October 2024,the Monroe County 21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 22 text amendment, considered the staff report and provided for public comment and public 23 participation in accordance with the requirements of state law and the procedures adopted for 24 public participation in the planning process; and 25 26 WHEREAS, at the October 16, 2024, public hearing, the BOCC considered the proposed 27 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 28 Agency; and 29 30 'WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 31 Objections,Recommendations and Comments (ORC)report on received by the 32 County on ; and 33 34 WHEREAS,the ORC report <did/did not> identify any objections, recommendations, or 35 comments; and 36 37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 38 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 39 40 WHEREAS, at a regularly scheduled meeting on the day of the 41 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text 42 amendment; Ord -2024 Page 2 of 4 File 2023-244 5763 1 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 3 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 4 5 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 6 (Deletions are shown sue; additions are shown underlined): 7 8 9 1.0 -INTRODUCTION AND BACKGROUND 10 11 ***** 12 Policy 212.3.2 13 The development of new marina facilities shall be located in areas where maximum 14 physical advantages exist and where no unreasonable or excessive impacts are foreseen on 15 marine resources. Proposed new marina facilities shall meet the following requirements: 16 ***** 17 5. Quality of upland areas and degree of alteration necessary. Marinas shall not be 18 sited on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina 19 development shall not adversely impact the upland area of, or adjacent to, a 20 proposed,marina site. Additionally, marinas shall not be permitted on offshore 21 islartds.-or on units of the Coastal Barrier Resources System (CBRS). 22 Notwithstanding the;�proceeding sentence and Policy 102.7.2, marinas shall be 23 permitted on parcels that are both within Unit 57 of the Coastal Barrier Resources 24 System (CBRS) and located within,the Safe Harbor Community Center Overlay 25 District. 26 ***** 27 28 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 29 provision of this ordinance is held invalid,the remainder of this ordinance shall not 30 be affected by such validity. 31 32 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 33 conflict with this ordinance are hereby repealed to the extent of said conflict. 34 35 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the 36 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 37 Ord -2024 Page 3 of 4 File 2023-244 5764 I Section 5. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 2 Secretary of the State of Florida but shall not become effective until a notice is 3 issued by the State Land Planning Agency or Administration Commission finding 4 the amendment in compliance with Chapter 163, Florida Statutes and after any 5 applicable challenges have been resolved. 6 7 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 8 in the Monroe County Comprehensive Plan. The numbering of the foregoing 9 amendment may be renumbered to conform to the numbering in the Monroe County 10 Comprehensive Plan. 11 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 13 at a regular meeting held on the day of 14 15 Mayor Holly Merrill,Raschein, District 5 16 Mayor Pro Tem James K- Scholl,-District 3 17 Commissioner Craig Cates,District 1 18 Commissioner Michelle Lincoln,District 2 19 Commissioner David Rice, District 4 20 21 22 23 24 BOARD OF COUNTY COMMISSIONERS 25 OF MONROE COUNTY, FLORIDA 26 27 BY 28 MAYOR HOLLY MERRILL RASCHEIN 29 30 (SEAL) 31 32 ATTEST: KEVIN MADOK, CLERK 33 34 35 AS DEPUTY CLERK Ord -2024 Page 4 of 4 File 2023-244 5765 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Emily Schemper, A.LC.P.,i C.F.M., Senior Director, Monroe County Planning and 12 Environmental Resources Department 13 14 From: Barbara Powell, Planning Policy Advisor, Monroe County Planning and Environmental 15 Resources Department 16 17 Date: September 20, 2024 18 19 Subject: A Request for BOCC Approval of an Ordinance Amending Monroe County 2030 Monroe 20 County Comprehensive Plan Policy 212.3.2(5) to Permit Marinas as an Allowed Use on 21 Parcels Within Unit 57 of the Coastal Barrier Resource System and the Safe Harbor 22 Center Overlay District, as proposed by JKYD, LLC.3 23 24 Meeting: October 16, 2024 25 26 27 I. REQUEST 28 29 On October 12, 2023, the Monroe County Planning and Environmental Resources Department 30 ("Department")received an application from Smith-Hawks P.L. (the"Agent") on behalf of JKYD, LLC 31 (the"Applicant"),requesting to amend Monroe County Comprehensive Plan Policy 212.3.2(5)to permit 32 marinas as an allowed use on parcels within Unit 57 of the Coastal Barrier Resource System and the 33 Safe Harbor Overlay District. The subject application was submitted on behalf of JKYD, LLC, to allow 34 for the future development of a marina on a parcel on Shrimp Road, Stock Island, currently having Parcel 35 ID No. 00123720-000400. 36 37 The Applicant has offered the following representation for this amendment it has requested: "The 38 Property is located within the entrance to the Safe Harbor Port, one of the most important ports in the 39 Florida Keys. The Safe Harbor Port is a deep dredge port and provides safe and secure mooring storage 40 for vessel owners within the lower keys. The Property is surrounded by commercial marinas and 41 commercial businesses that make up the Safe Harbor Port. The amendment will allow the Property to 42 be developed with a marina use, which is in line with the community character and surrounding uses 43 and will provide additional safe and secure vessel storage for the residents of the lower keys. 44 45 The Property was errantly included in the CBRS unit system, which in and of itself is not a prohibition 46 on development, however, the County's inclusion of the language in Comprehensive Plan policy i American Institute of Certified Planners(A.I.C.P.)certification. 'Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 3 Monroe County Planning&Environmental Resources Department File No. 2023-244. 1of14 5766 1 212.3.2(5)prohibits the Property from being developed with a use that is most beneficial to the area and 2 residents. The amendment will permit the Property to be developed with marina uses, which is in line 3 with the community character, in the best interest of the public and is in line with the County's view of 4 the Property's inclusion in FL-57." The Applicant's full explanation and justification of the proposed 5 amendment is included in the file for the application (File 2023-244). 6 Concurrent Applications 7 Land Development Code Text Amendment 8 Monroe County Planning and Environmental Resources Department File No. 2023-245: An amendment 9 to the Monroe County Land Development Code ("LDC") Section 118-15 to permit marinas as an 10 allowed use on parcels within Unit 57 of the Coastal Barrier Resource System and the Safe Harbor 11 Overlay District. 12 13 II. BACKGROUND INFORMATION 14 15 Site Information: 16 Location: MM 5, Stock Island. 17 Address: 7281 Shrimp Road. 18 Description: 35 67 25 Filled Bay Bottom Sely SQRS 55-56 Stock Island PB1-55. 19 Parcel Identification Number: 00123720-000400. 20 Owner/Applicant: JKYD, LLC. 21 Size of Property: 4.19 acres 22 (182,516 s.f.) of upland area per 23 Existing Conditions Report by bS�f 24 Terramar Environmental 25 Services, Inc., signed-and-dated r 26 April 5, 2024. 27 FLUM Designation: Mixed Use 28 Commercial (MU). ��y 29 Land Use District: Maritime 30 Industries (MI). 31 MIAL• Yes. 32 Tier Designation: HI. 33 Flood Zone: AE9. 34 CBRS: Yes. 35 Existing Uses: Property is property outlined in orange (image dated 2024) 36 currently vacant but has a history 37 of outdoor storage. 38 Existing Vegetation/Habitat: Exotics. 39 Community Character of Immediate Vicinity: Marina, Transient, Public Facilities, Residential. 40 41 42 2of14 5767 Historic Aeria m a er of the Pro er r h iI F� /Il�ii Sub"ect Pro er (ima e dated 1959) Sub"ect Pro er (ima e dated 1968) � 1 Subject Property (image dated 1972) Subject Property (image dated 1985) 2 3 Concept Meeting 4 In accordance with LDC Sections 102-158(d)(3) and 102-159(b)(1), a Concept Meeting for the 5 Comprehensive Plan and Land Development Code text amendments was held on May 22, 2024, and as 6 part of this concept meeting, Department professional staff determined the proposed text amendment 7 will not have a county-wide impact. 8 9 Community Meeting and Public Participation 10 In accordance with LDC Section 102-159(b)(3), a community meeting is not required for 11 Comprehensive Plan text amendments that do not have a county-wide impact. 12 13 Development Review Committee ("DRC") Meeting and Public Input 14 On July 22, 2024, the DRC considered the proposed amendment and provided for public input. 15 16 Previous Relevant BOCC Action 17 On September 10, 2012, Monroe County BOCC adopted BOCC Resolution 221-2012 to support 18 legislation to exclude Harbor Enterprises, Inc. and Robbie's Safe Harbor Marine Enterprises, Inc. from 19 the Coastal Barrier Resource System. The Resolution specified that Parcel ID Nos. 00123660-00000 and 20 00123720-000400 (subject property) "were fully developed, as that term is defined in the Coastal 21 Barrier Resource 3of14 5768 I Act, 16 U.S. C.A. §§3501, et seq., as an operational marina and auto salvage yard, respecfully,prior 2 to the effective date of the Coastal Barrier Resources Act (" CBRA'), on October 18, 1982, and their 3 inclusion in the System on November 16, 1990;" 4 5 On December 11, 2013, approved BOCC Ordinance No. 045-2013 adopted a Future Land Use Map 6 ("FLUM") amendment which changed the Land Use Designation of the Property from Industrial ("I") 7 to Mixed Use/Commercial ("MU,,).4 This became effective February 6, 2014. 8 9 10 III. APPLICANT'S PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 11 Applicant text is shown as follows: additions are set forth below in blije-ijrided-irie and deletions are set 12 forth in 13 ***** 14 GOAL 212 15 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in 16 order to preserve and enhance coastal resources and to ensure the continued economic viability of the 17 County. [F.S. § 163.3178(2)(g)]. 18 19 OBJECTIVE 212.3 20 Marina facility development and redevelopment shall be consistent with the marine resource constraints, 21 be located in areas where maximum physical advantages exist and where no unreasonable or excessive 22 impacts are foreseen on natural resources and other significant resource. [F.S. § 163.3178(2)(g)]. 23 24 Policy 212.3.2 25 The development of new marina facilities shall be located in areas where maximum physical advantages 26 exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new 27 marina facilities shall meet the following requirements: 28 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass 29 or hardbottom (including hard and soft corals) should be avoided. Boat mooring sites 30 (slips or docks) shall not be located over a seagrass bed community or hardbottom 31 community regardless of water depth. No impacts to seagrass beds or hardbottom 32 communities should result from the construction or use of new marina development. 33 2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit 34 adequate circulation and tidal flushing. The waterway upon which the marina is proposed 35 to be sited shall meet or exceed State water quality standards and must currently have 36 "Good" water quality as indicated in the County's most current canal inventory and 37 assessment data.New marina development shall not adversely impact the quality of water 38 during construction or use. 39 3. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water 40 depth at mean low water at the marina site (including the mooring slips, turning basin, 41 and access channels), and the water depth shall be continuous to open water over a 42 channel width of twenty (20) feet. Water depth shall be adequate for the proposed vessel 43 use such that there be a minimum of one (1) foot clearance between the deepest draft of 44 the vessel and the bottom at mean low water. Greater water depths shall be required for 45 those facilities proposed for accommodating vessels having greater than a three (3) foot 46 draft. Sites shall not require dredging or filling to provide access. 4 Monroe County Planning&Environmental Resources Department File No.2012-075. 4 of 14 5769 1 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered 2 shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal 3 modification to the shoreline shall be permitted per County Land Development Code 4 Section 118-1, 118-12(m), and (o). 5 5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited 6 on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina development 7 shall not adversely impact the upland area of, or adjacent to, a proposed marina site. 8 Additionally,marinas shall not be permitted on offshore islands or on units of the Coastal 9 Barrier Resources System (CBRS). ��4) jflls arldIT1 _-.0 �C ���a _ _��r _ _11�ajrla,s 11 ( <bu��i_�� � <bd � _ d d <bd _ i<b �e� _� uu �'d Clerlte Oveflay_Dist District, 12 6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller 13 scarring should be avoided. Marinas shall not be located adjacent to areas of severe 14 seagrass scarring, based on the most current data available from the Florida Fish and 15 Wildlife Research Institute. 16 7. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall 17 be sited so as to prevent impacts to the Florida Manatee,American Crocodile, and marine 18 turtles and protect their habitat by avoiding areas of known American Crocodile range, 19 areas with high watercraft Florida Manatee mortality,or areas that include a beach known 20 to be used for marine turtle nesting. Site characteristics can be assessed using current data 21 from the Florida Fish and Wildlife Conservation Commission. 22 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or 23 historic resources/sites. 24 Applicants for new marina development shall be responsible for providing existing physical and 25 environmental site data specific to the proposed site to demonstrate the marina siting criteria described 26 above is met. 27 28 29 IV. ANALYSIS OF PROPOSED AMENDMENT AND PROFESSIONAL STAFF- 30 RECOMMENDED EDITS 31 32 The Comprehensive Plan amendment is proposed to allow marinas on parcels within Unit 57 of the 33 Coastal Barrier Resource System and the Safe Harbor Overlay District. The Application was submitted 34 on behalf of JKYD, LLC to allow for the future development of a marina on a parcel on Shrimp Road, 35 Stock Island currently having Parcel ID No. 00123720-000400. The aerial below shows Unit 57 of the 36 Coastal Barrier Resource System, as delineated by United States Fish and Wildlife Service. 37 The Coastal Barrier Resources Act ("CBRA") of 1982 created the Coastal Barrier Resources System 38 ("CBRS"), a set of coastal barrier units along the U.S. coasts and territories. The Units are generally 39 comprised of private lands that were relatively undeveloped at the time of their designation within the 40 CBRS. CBRA aims to minimize the loss of human life, Federal expenditures, and the damage to natural 41 resources associated with coastal barriers. Most new Federal expenditures and financial assistance, 42 including Federal flood insurance, are prohibited within the CBRS. The U.S. Fish and Wildlife Service 43 ("FWS"),maintains the official maps of the CBRS. CBRA does not prevent development, and it imposes 44 no restrictions on development conducted with non-Federal funds. Further, the amendment will not 45 negatively impact Monroe County's Community Rating System score. 5of14 5770 I Unit 57 covers the southernmost portion of Stock Island and is largely comprised of submerged lands 2 edged by beach berm but also a developed area which includes Robbie's Safe Harbor Marina and a 3 portion of the subject parcel north of Robbie's along Shrimp Road. Aerial photographs demonstrate that 4 the subject property is filled bay bottom and has a history of use for vehicle storage. The 2023 habitat 5 map and the existing conditions report submitted by the Applicant show the subject property is 6 characterized by exotic vegetation. Gnastal Barrier Resouirces System CBRS �,' ' riv�vvrw Y Po rl All it '! �F l�m 1 I VI II ry , r .I II i u�a u ,w I ! dM of 1 �Y iaun�(. Icy VS Fi M1 tlW'Itl IIf2S C A IB R ', 0.,iF g E HEREGrtmiin.ICI Op St tM p c [b t Es nHEREbG ,, fj IOp 3'( et,„M p p"b m dih GI9 S.5- i iiii oil Sb rce ESd Mau[Eaahs'Mdr Geop aph inS,and the GlS Vse�Cbmm pity May 28,2024 rnis map is for�eneml rerenenoe only.The coastal earner RasoWaas sy�lem ICBRsj boanaoda�aepiated on mis maP are rapneaemaabna.of the conCrolllnp CBRS beeadaries,nrhich aoo shaven on the o9ii maps,accessible at httos.!!v✓u:w.hres.sou/Ilbrarvlcolleetio-Micial-coastal- ,.,.,. Lanier-resoweces-system m.Rss_All CRRS related data should be used in acm�rdo nee wv[h the layer meladaia found cn the CBRS Mapper CBRS Buffer Zone wmhsllo. CBRS Unit, The CBRS BURer,Zorvere"presents the area Imrnedlale:ly ac9jwc:°ent In the CBRS houndary y,he usersare ad,i-d tooutttat9 the so..-fer an Othenmise Protected Area offs 1 of Y r(tit o-rl ,.rr t .vioslm. t i b..- ssyslem ar©ue,t,d,ou- tl.fan}as to roY ether the prowody or Project she's located'n out of the CBRS. er,esovme System Unil CBRS Units normaly extend seaward aLa to tlra 20-or 30-foot hathymetric centaur(depending on the location of the Line).The true saavrard Thls palmwas prod ucmtl by the G Misppnr 7 The subject amendment would allow the Applicant to develop the subject property in a manner 8 consistent with the current future land use designation and zoning and consistent. The use proposed in 9 text amendment for the subject property is consistent with the use of marina, transient,public facilities, 10 residential on the surrounding properties. 11 The subject property is located within the Military Installation Area of Impact ("MIAI"). The 12 amendment does not increase density or intensity uses. The amendment, if adopted, would allow for the 13 development of a marina on the subject parcel. Marinas are an allowable use within the MIAI Land Use 14 Table (Monroe County Comprehensive Plan Policy 108.2.6). 15 16 17 18 6 of 14 5771 I Professional Staff-Recommended Edits 2 Monroe County Planning&Environmental Resources Department professional staff are recommending 3 edits to the Applicant's proposal in an effort to provide clarity and for internal consistency of the 4 Comprehensive Plan and Code. Specifically, Comprehensive Plan Policy 102.7.2 also includes 5 provisions that would otherwise not allow the development of a new marina within Unit 57 of the CBRS. 6 7 Policy 102.7.2 8 Monroe County shall not create new access via new bridges, new causeways, new paved roads 9 or new commercial marinas to or on units of the CBRS. This does not preclude the maintenance, 10 repair and replacement of existing bridges, causeways, paved roads and lawful commercial 11 marinas. 12 13 Monroe County Planning and Environmental Resources Department Professional Staff- 14 Recommended/Proposed Edits Are Detailed Below: 15 16 The Applicant's proposed additions are set forth below in blije ijride fl-j-rie and deletions are blue 17 �� � ��;1 � . Staff edits are shown as follows: additions are in reel cloii N micicrHtic and deletions are 18 ; 19 20 GOAL 212 21 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in 22 order to preserve and enhance coastal resources and to ensure the continued economic viability of the 23 County. [F.S. § 163.3178(2)(g)]. 24 25 OBJECTIVE 212.3 26 Marina facility development and redevelopment shall be consistent with the marine resource constraints, 27 be located in areas where maximum physical advantages exist and where no unreasonable or excessive 28 impacts are foreseen on natural resources and other significant resource. [F.S. § 163.3178(2)(g)]. 29 30 Policy 212.3.2 31 The development of new marina facilities shall be located in areas where maximum physical advantages 32 exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new 33 marina facilities shall meet the following requirements: 34 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass or 35 hardbottom (including hard and soft corals) should be avoided. Boat mooring sites (slips or 36 docks) shall not be located over a seagrass bed community or hardbottom community regardless 37 of water depth. No impacts to seagrass beds or hardbottom communities should result from the 38 construction or use of new marina development. 39 2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit adequate 40 circulation and tidal flushing. The waterway upon which the marina is proposed to be sited shall 41 meet or exceed State water quality standards and must currently have "Good" water quality as 42 indicated in the County's most current canal inventory and assessment data. New marina 43 development shall not adversely impact the quality of water during construction or use. 44 3. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water depth at 45 mean low water at the marina site (including the mooring slips, turning basin, and access 46 channels), and the water depth shall be continuous to open water over a channel width of twenty 47 (20)feet.Water depth shall be adequate for the proposed vessel use such that there be a minimum 48 of one (1) foot clearance between the deepest draft of the vessel and the bottom at mean low 7 of 14 5772 I water. Greater water depths shall be required for those facilities proposed for accommodating 2 vessels having greater than a three (3) foot draft. Sites shall not require dredging or filling to 3 provide access. 4 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines as 5 defined in Sec. 101-1 of the Land Development Code. Minimal modification to the shoreline 6 shall be permitted per County Land Development Code Section 118-1, 118-12(m), and(o). 7 5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on lands 8 designated as Tier I or Tier III-A, if clearing is proposed. Marina development shall not adversely 9 impact the upland area of, or adjacent to, a proposed marina site. Additionally, marinas shall not 10 be permitted on offshore islands or on units of the Coastal Barrier Resources System (CBRS). 11 ��4) iflls arldirl __a�u __1� �:� _��u seriteri�_�__u�uuufl floc c 0? "7 2. ti�a ��rias �,hall_b��_�� Tiijtt_��__orl 12 1<b a_< `7.filiuifi uirc bo li�%vifld�ri tJ� i ` 7�f Elie 7u<bstal Barrier 1�es �u�,rces m eflf � � �� <b �����ua <baed 13 wifdri le Sad� 1farb� a District, __ _ _ _ i 14 6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller scarring 15 should be avoided. Marinas shall not be located adjacent to areas of severe seagrass scarring, 16 based on the most current data available from the Florida Fish and Wildlife Research Institute. 17 7. Impact of Boats on Florida Manatee,American Crocodile, and Sea Turtles. Marinas shall be sited 18 so as to prevent impacts to the Florida Manatee, American Crocodile, and marine turtles and 19 protect their habitat by avoiding areas of known American Crocodile range, areas with high 20 watercraft Florida Manatee mortality, or areas that include a beach known to be used for marine 21 turtle nesting. Site characteristics can be assessed using current data from the Florida Fish and 22 Wildlife Conservation Commission. 23 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or historic 24 resources/sites. 25 Applicant(s) for new marina development shall be responsible for providing existing physical and 26 environmental site data specific to the proposed site to demonstrate the marina siting criteria described 27 above is met. 28 29 30 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 31 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 32 33 A. The Proposed Amendment is Consistent with the Goals, Objectives and Policies of the Monroe 34 County 2030 Comprehensive Plan. Specifically,it furthers: 35 36 GOAL 101 37 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County 38 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)] 39 40 Policy 101.19.2 41 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the 42 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans 43 have been completed in accordance with the principles outlined in this section and adopted by the Board 44 of County Commissioners: 45 3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference 46 into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this 47 Master Plan have been adopted and approved as equivalent to the term Objectives in the 48 Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan 8of14 5773 I have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and 2 Action Items without a green checkmark next to them are not considered to be consistent with 3 the definitions of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted 4 by Ordinance 010-2007. 5 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled 6 Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and 7 incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with 8 a green checkmark in this Master Plan have been adopted and approved as equivalent to the term 9 Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark 10 in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan. 11 Strategies and Action Items without a green checkmark next to them are not considered to be 12 consistent with the definitions of "Objective" and "Policy" and therefore do not serve as 13 equivalents. Adopted by Ordinance 011-2007. 14 15 Policy 105.1.2 16 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys Plans 17 and its land development regulations which ensure that future uses and development are compatible with 18 scenic preservation and maintenance of the character of the casual island village atmosphere of the 19 Florida Keys. 20 21 Policy 108.2.6 22 For any application received after the effective date of this policy, within the MIAI overlay, Monroe 23 County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses 24 shown in Column 42), through a Future Land Use Map, Text, overlay or LUD map amendment. 25 26 The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the 27 effective date of this policy and includes the permitted uses (Column 2), allocated density per acre 28 (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column 5), and 29 corresponding zoning category (Column 6) within each FLUM category located within the MIAI 30 boundary. Further the MIAI Land Use Table provides land uses located within the 65-69 DNL Noise 31 Zone 2 and NASKW's suggested land use compatibility within this noise zone. The table includes land 32 uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally 33 incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and 34 should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates 35 that additional land uses may be permitted based upon existing the provisions adopted within the 36 Comprehensive Plan. 37 Comprehensive Plan Future Land Use Map Designation categories Miiha.. Installation Area of Influence located within the Military Installation Area of Influence (05-69 DNL Noise Zone 2)" i,,, ll",,,,, ,,,,,,,,, ,,,,,,,, ,,,,,,,, ......., ........, .. .. .. ,,,,,J; 1 2 ,3 ,,,,, .,4........ ............„5,,,,,,, „6,,,,,,, 7 8 9 10 11 .,.,.,.,.,.,.,.,.1 Uses Uses Not Corresponding Uses Allowed Generally FLUM Allocated Max Net Intensify Uses Allowed in Compatible & Uses Zoning with Incomed with Notes Category Density Density (FAR) MIAI should be Categories Restrictions (allowed with Prohibited exceptions).. 1. Recreational Retail trade Outdoor sports Household Vehicle district building arenas,spectator Units commercial zoning districts materials, sports Single units: Zoning various types of district commer ial retail and office 0.10 0.45 2. Suburban hardware and Recreational detached c - Commercial farm equipment activities Single units category may be permitted;employee (SC, UC, may district Retail trade (include golf semidetached housing and commerc�aL 1-1 du 10-2 du DR, MU) Outdoor music identify Mixed shopping centers courses, riding Single rants apartments are also 5-15 10-25 Q,500 SF shells, additional Use/Commer craL 3. Mixed Use Retail trade stables, attached row permitted; and mixed use roorns/spaces roorns/spaces (R� Amphitheaters uses, not district food water rec.) Two units development patterns 0.30-0 60 described Retail trade Resorts and side-by-side various types of residential (Ml) 4. Urban automotive, group camps Two units one within the and n m on-residential uses ay FLUM be permitted Commercial marine craft, Other cultural, above the other category district aircraft and entertairmzent Apartments: '.. .......accessories and recreation walk-up 5774 '.. 5. Destination Retail trade Culttrral Apartment Resort district apparel activities (& elevator and accessories churches) Group quarters 6. Maritime Retail trade Auditorimns, Residential Industries fiunittrre, home, concert halls Hotels '.. district fiunishings and Mobile home egtripment parks or courts Retail trade Transient .....eating and ....lodgings '.., drinking Other establistunents residential Other retail trade Ntusing Homes 2 2007 AMICUS Study Table 6-2 notes: 3 *Uses Allowed with Restrictions.The land use and related structures are generally compatible. 4 Note 1 5 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 6 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 7 development options should be determined and an evaluation should be conducted locally prior to local approvals 8 indicating that a demonstrated community need for the residential use would not be met if development were 9 prohibited in these Zones. 10 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 11 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 12 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 13 incorporated in DNL 75-79. 14 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 15 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 16 Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 17 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 18 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning,design and 19 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 20 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 21 interior spaces. 22 23 Note 7 24 Land use compatible provided special sound reinforcement systems are installed. 25 Note 8 26 Residential buildings require a NLR of 25 27 28 Note 25,30 or 35 29 The numbers refer to Noise Level Reduction levels.Land Use and related structures generally compatible however, 30 measures to achieve NLR of 25,30 or 35 must be incorporated into design and construction of structures.However, 31 measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and 32 additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these 33 numbers. 34 35 **Uses Generally Incompatible(allowed with exceptions).The land use and related structures are generally incompatible. 36 Note 1 37 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 38 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 39 development options should be determined and an evaluation should be conducted locally prior to local approvals 40 indicating that a demonstrated community need for the residential use would not be met if development were 41 prohibited in these Zones. 42 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 43 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 44 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 45 incorporated in DNL 75-79. 46 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 47 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 10 of 14 5775 I Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 2 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 3 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning,design and 4 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 5 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 6 interior spaces. 7 e) NLR(Noise Level Reduction)Noise Level Reduction(outdoor to indoor)to be achieved through incorporation of 8 noise attenuation into the design and construction of the structure. 9 10 Policy 502.1.4 11 Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted 12 by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe 13 Harbor entrance channel from the system unit, FL 57. 14 15 The Stock Island/Key Haven Livable Communikeys Master Plan 16 Strategy 1.1 17 Maintain existing commercial and industrial uses. 18 19 B. The Amendment Is Consistent with the Principles for Guiding Development for the Florida 20 Keys Area, Florida Statutes Section 380.0552(7). 21 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 22 principles for guiding development and any amendments to the principles, the principles shall be 23 construed as a whole and no specific provision shall be construed or applied in isolation from the other 24 provisions. 25 26 (a) Strengthening local government capabilities for managing land use and development so that local 27 government is able to achieve these objectives without continuing the area of critical state 28 concern designation. 29 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 30 beds, wetlands, fish and wildlife, and their habitat. 31 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 32 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, 33 wildlife, and their habitat. 34 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 35 development. 36 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 37 Keys. 38 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, 39 and ensuring that development is compatible with the unique historic character of the Florida 40 Keys. 41 (g) Protecting the historical heritage of the Florida Keys. 42 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 43 major public investments, including: 44 1. The Florida Keys Aqueduct and water supply facilities; 45 2. Sewage collection, treatment, and disposal facilities; 46 3. Solid waste treatment, collection, and disposal facilities; 47 4. Key West Naval Air Station and other military facilities; 48 5. Transportation facilities; 49 6. Federal parks, wildlife refuges, and marine sanctuaries; 11 of 14 5776 1 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 2 8. City electric service and the Florida Keys Electric Co-op; and 3 9. Other utilities, as appropriate. 4 (i) Protecting and improving water quality by providing for the construction, operation, 5 maintenance, and replacement of stormwater management facilities; central sewage collection; 6 treatment and disposal facilities; and the installation and proper operation and maintenance of 7 onsite sewage treatment and disposal systems. 8 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 9 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 10 403.086(10), as applicable, and by directing growth to areas served by central wastewater 11 treatment facilities through permit allocation systems. 12 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 13 Keys. 14 (1) Making available adequate affordable housing for all sectors of the population of the Florida 15 Keys. 16 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 17 natural or manmade disaster and for a post disaster reconstruction plan. 18 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 19 maintaining the Florida Keys as a unique Florida resource. 20 21 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 22 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 23 24 C. The Proposed Amendment is Consistent with Part II of Chapter 163, Florida Statutes (F.S.). 25 Specifically, the amendment furthers: 26 27 F.S. 163.3161(4)— It is the intent of this act that local governments have the ability to preserve and 28 enhance present advantages; encourage the most appropriate use of land, water, and resources, 29 consistent with the public interest; overcome present handicaps; and deal effectively with future 30 problems that may result from the use and development of land within their jurisdictions. Through 31 the process of comprehensive planning, it is intended that units of local government can preserve, 32 promote, protect, and improve the public health, safety, comfort, good order, appearance, 33 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 34 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities, housing, 35 and other requirements and services; and conserve, develop, utilize, and protect natural resources 36 within their jurisdictions. 37 38 F.S. 163.3161(6) — It is the intent of this act that adopted comprehensive plans shall have the legal 39 status set out in this act and that no public or private development shall be permitted except in 40 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in 41 conformity with this act. 42 43 F.S. 163.3177(1) — The comprehensive plan shall provide the principles, guidelines, standards, and 44 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 45 development of the area that reflects community commitments to implement the plan and its 46 elements. These principles and strategies shall guide future decisions in a consistent manner and 47 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 48 of the comprehensive plan containing the principles and strategies, generally provided as goals, 49 objectives, and policies, shall describe how the local government's programs, activities, and land 12 of 14 5777 I development regulations will be initiated, modified, or continued to implement the comprehensive 2 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 3 regulations in the comprehensive plan but rather to require identification of those programs, 4 activities, and land development regulations that will be part of the strategy for implementing the 5 comprehensive plan and the principles that describe how the programs, activities, and land 6 development regulations will be carried out. The plan shall establish meaningful and predictable 7 standards for the use and development of land and provide meaningful guidelines for the content of 8 more detailed land development and use regulations. 9 10 F.S. 163.3177(6) — In addition to the requirements of subsections (1)-(5), the comprehensive plan 11 shall include the following elements: 12 (a) A future land use plan element designating proposed future general distribution, location, and 13 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, 14 conservation, education,public facilities, and other categories of the public and private uses of land. 15 The approximate acreage and the general range of density or intensity of use shall be provided for 16 the gross land area included in each existing land use category. The element shall establish the long- 17 term end toward which land use programs and activities are ultimately directed. 18 3. The future land use plan element shall include criteria to be used to: 19 c. Encourage preservation of recreational and commercial working waterfronts for water- 20 dependent uses in coastal communities. 21 22 F.S. 163.3201 — Relationship of comprehensive plan to exercise of land development regulatory 23 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be 24 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 25 development of lands and waters within an area. It is the intent of this act that the adoption and 26 enforcement by a governing body of regulations for the development of land or the adoption and 27 enforcement by a governing body of a land development code for an area shall be based on,be related 28 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 29 30 31 VI. PROCESS 32 33 Amendments to the Comprehensive Plan may be proposed by the Board of County Commissioners, the 34 Planning Commission, the Director of Planning, or the owner or other person having a contractual 35 interest in property to be affected by a proposed amendment. The Director of Planning shall review and 36 process applications as they are received and pass them onto the Monroe County Development Review 37 Committee ("DRC") and the Monroe County Planning Commission ("Planning Commission"). 38 39 The Planning Commission ("PC") shall hold at least one public hearing. The PC shall review the 40 application, the reports and recommendations of the Planning & Environmental Resources Department 41 and the DRC and the testimony given at the public hearing. The Planning Commission shall submit its 42 recommendations and findings to the BOCC. The BOCC holds a public hearing to consider the 43 transmittal of the proposed comprehensive plan amendment, and considers the professional staff report, 44 professional staff recommendation, and the testimony given at the public hearing. The BOCC may or 45 may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to 46 State Land Planning Agency, which then reviews the proposal and issues an Objections, 47 Recommendations and Comments ("ORC") Report. Upon receipt of the ORC report, the County has 48 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. 49 13 of 14 5778 I VIL PROFESSIONAL STAFF RECOMMENDATION 2 3 Professional staff recommends the BOCC adopt a resolution transmitting the amendment to the Florida 4 Department of Commerce with professional staff-recommended edits to address inconsistencies with 5 existing Comprehensive Plan Policies. 14 of 14 5779 ttm , Y 4 / 5 6 w'i�rr g6' 7 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 10 RESOLUTION NO. -2024 11 12 13 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 14 COMMISSIONERS APPROVING TRANSMITTAL, TO THE STATE 15 LAND PLANNING AGENCY, AN ORDINANCE AMENDING MONROE 16 COUNTY COMPREHENSIVE PLAN POLICY 212.3.2 TO PERMIT 17 MARINAS AS AN ALLOWED USE ON PARCELS THAT ARE BOTH 18 WITHIN UNIT 57 OF THE COASTAL BARRIER RESOURCE SYSTEM 19 AND LOCATED WITHIN THE SAFE HARBOR COMMUNITY CENTER 20 OVERLAY DISTRICT; AS PROPOSED BY JKYD, LLC; PROVIDING 21 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 23 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 24 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 25 PLAN; PROVIDING FOR AN EFFECTIVE DATE.' 26 27 --------------------------------------------------------------------------------------------------------------------- 28 29 WHEREAS, the Monroe County Board of County Commissioners ("Monroe County", 30 "BOCC", "Board", or the"County") conducted a public hearing for the purpose of considering the 31 transmittal pursuant to the State Coordinated Review Process in Florida Statutes Section 32 163.3184(4),to the State Land Planning Agency for objections, recommendations and comments, 33 and to the other Reviewing Agencies as defined in Florida Statutes Section 163.3184(1)(c), for 34 review and comment on a proposed amendment to the Monroe County Comprehensive Plan as 35 described above; and 36 37 WHEREAS,the Monroe County Board of County Commissioners supports transmittal of 38 the subject requested Comprehensive Plan amendment; 39 40 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 42 43 Section 1. Recitals and Legislative Intent. The foregoing title, recitals, findings of fact, and 44 conclusions of law are true and correct and are hereby incorporated as if fully set 45 forth herein. 1 Monroe County Planning&Environmental Resources Department File No.2023-244. 1 of 3 5780 46 47 Section 2. The September 20, 2024-dated Monroe County Planning and Environmental 48 Resources Department professional staff report accompanying this BOCC agenda 49 item, prepared by and through Monroe County Planning and Environmental 50 Resources Department Planning Policy Advisor Barbara Powell and Monroe 51 County Planning and Environmental Resources Department Senior Director Emily 52 Schemper, A.LC.P.,' C.F.M.,3 and its analysis and determinations of fact and law, 53 to the extent not plainly inconsistent with this Resolution, is hereby accepted, 54 adopted, and incorporated as if fully stated herein 55 56 Section 3. The BOCC hereby transmits this requested amendment to the State Land Planning 57 Agency for review and comment in accordance with the State Coordinated Review 58 process pursuant to Florida Statutes Section 163.3184(4). 59 60 Section 4. The BOCC does hereby approve the transmittal of the draft ordinance, attached as 61 Exhibit A. hereto, for review of the subject requested Comprehensive Plan 62 amendment. 63 64 Section 5. Monroe County professional staff are given authority to prepare and submit the 65 required transmittal letter and supporting documents for the proposed amendment 66 in accordance with the requirements of Florida Statutes Section 163.3184(4). 67 68 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this 69 resolution to the Director of Planning. 70 71 72 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 73 Florida, at a regular meeting held on the 161h day of October, 2024. 74 75 Mayor Holly Merrill Raschein 76 Mayor Pro Tem James Scholl 77 Commissioner Craig Cates 78 Commissioner Michelle Lincoln 79 Commissioner David Rice 80 81 82 83 BOARD OF COUNTY COMMISSIONERS 84 OF MONROE COUNTY, FLORIDA 85 86 By: 87 MAYOR HOLLY MERRILL RASCHEIN 88 MWOC COUNTY ATTORNEY 89 (SEAL) V O, Q American Institute of Certified Planners(A.LC.P.)certification. 3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2of3 5781 90 91 ATTEST: KEVIN MADOK, CLERK 92 93 94 AS DEPUTY CLERK 95 3 of 3 5782 jj/V / i f rod r t Al r%ji- ji�� rrif �� i'RhwrNV "!P",r �A / w co wrlrrfAo�fiiy ry,,,� 1;�...... li�1r/'run Jr Wi��m�ntiNYYr /� r/�//�vr�riivrr,%/wl"9Ny�rerr rrr�� ��r/✓�� � T/I U/�/U%/GlGllll/U01r%or�r�J1UN��pf1!%,'lNl/Nrl���r m'a"SD»m�lra/ir%�/�frvi �, /„ RINE ��fiO���rUll�lr1111� 1yr11I11U111N�INlrlrl 01 rrrrrrlrrrrrrnlrlrrl1r�11�yHlfriu'14� ��t(syu��li� tmm �(���� ,r Niel, �J o,N O � U ttdo W N O w v u 7 75 w •,-� p -0 w O I w v I � U') O� o N ..- U, , 00 vo u •� � LJL. o u ' v •� O r-4 O 4-J O , Ncu u •• v (A CL4 °a � A �� OcnP4waH 'WO UwwV o � u � o � � o a� 61 u U ,-� �cn ct , `+- Oct un U� U � � N Q) O `+ u u c� 4 � ;--q O O p O •v rw Lr) a�N , 4un O '� CIA v cn u A C) 75 0 N O •cn mO N v�� can �Ct ¢.� 0 ;", 4 0-� 4 � UQ [� • [� 2 ct I 00 � rl � u � o O U u a� U � ° o75 "0 4 4-1 +' h V ° cn cu c � 4-j � v > v u o Z, �4 0 hI • q) r4. r,. q) �14 4 ,CaIJ p 4) q) �14 4 u 46 U I- 74 0 P 77N C� U q) lu "t, qj u lu V gv ',4 1 u o %' f,0 C:l 4�Z luCu J q) -8 q) bij of, q) u lu If "fu Lj-tI, % 1) - � I I Cl, 0 ',4 1 ofw. q) 0 0 lu 4-4 0 rX IU 4; qj q, �14 If 4 ol 4e, — 1 71fM —u 0 U cl ct q) q) V). I of, Il 1 ,4 1 71 —0 q) 14 q) fM C, P 0 0 0, q) E4 P q t4l ,4 1 0 qj -r4 qj q) u w bi C- AliR4 qj 0 C� u �14 ct Cl, 4 U -r, 0 l u , z Iz 0 -0ad 1 _0 0 qj �14 u 4 u ',4 1 of" 1Y - taY, cl 1 41 -;74 4 1 -r a. 0 0� '42 fw �14 of q) �14 4 4 j C�4 of Z Q "t, (p u (p U -,m --cl '(-'I n4 V). CY 0 m Y v � � vti s 4L a o_ a ■/11 GG, ;KK,,,,, y�� e M/ m� MY� L t � co i 7 �o •r 75 u c� � w U5 pc5 O -+ 4-j .,� 4-4 ° q5 � �N 14-4 rt a� bt� � O � p O � O � O I p O u u czv , � .O u tO +, ct cn '� v o 3 � w � 1 cn v w n O P4 bA 75 75 w .� 75 � +J75 O ON O ON 4-5 ON IN, 4 CZ � o � v c� .+j U) cn 7 O L? r 4 > ---I ' v � '� Ov o � 75 � � O � � v � Q u %4-4 75 c� •u i O � � o 4-4 4-1 un V Cn O N d� a) � � � U o o 0 0 0 � Odi O �0 v CU u � 0 [� .�, v U 4.4 v 4-j � v � u a� �7� \10 \10 \JO \10 \.O � O V 14-1 j G vC' >y QVV � RRRRRRRRRRRRRRRRRRRRRRRRRRRkkkkkkk�,. N; r Gi r �r r fi 6 V I', iq rr �r �tt s y e '�i I )reunri � � i�ir ��i6ti j r �r