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Item R6
R6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: R6 2023-3502 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Approving an Amendment to Policy 212.3.2 of the Monroe County Comprehensive Plan to Include Additional Language to Permit Marinas as an Allowed Use on Parcels That Are Both Within Unit 57 of the Coastal Barrier Resource System(CBRS) and Located Within the Safe Harbor Community Center Overlay District, as Requested by JKYD, LLC, a Florida-registered limited liability company. ITEM BACKGROUND: On October 12, 2023, the Monroe County Planning and Environmental Resources Department received an application from Smith Hawks P.L. acting as an authorized agent of JKYD, LLC, a Florida- registered limited liability company(the"Applicant"), requesting to amend Monroe County Comprehensive Plan Policy 212.3.2(5) to permit marinas as an allowed use on parcels within Unit 57 of the Coastal Barrier Resource System("CBRS") and the Safe Harbor Overlay District. The Application was submitted on behalf of JKYD, LLC, to possibly allow for the potential future development of a marina on a parcel on Shrimp Road, Stock Island, currently having Monroe County Property Appraiser's Office property identification no. ("Parcel ID No.") 00123720-000400. PREVIOUS RELEVANT BOCC ACTION: On September 10, 2012, the Monroe County Board of County Commissioners ("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 Resources System. The Resolution specified that Parcel ID Nos. 00123660-00000 and 00123720-000400 (the latter being the 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 Ordinance No. 045-2013 adopted a Future Land Use Map ("FLUM") Amendment, which changed the FLUM designation of the property from Industrial 3283 ("I") to Mixed Use/Commercial ("MC") [Monroe County Planning and Environmental Resources Department File No. 2012-075]. That became effective February 6, 2014. On August 17, 2022, the BOCC adopted Ordinance No. 017-2022 amending the Land Use District ("LUD") Map to apply the Safe Harbor Community Center Overlay ("SHCC") District to the subject property. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: The Monroe County Planning & Environmental Resources Department professional staff recommend approval, inclusive of all professional staff-recommended edits, of the subject ordinance seeking to amend the Monroe County Comprehensive Plan. DOCUMENTATION: FloridaCommerce ORC Report.pdf Florida Division of Corporations (Sunbiz) - JKYD, LLC.pdf Ordinance.pdf Professional Staff Report.pdf FINANCIAL IMPACT: n/a 3284 FLORNE'".)A, COMMERCE .I"Y December 20, 2024 The Honorable Jim Scholl Mayor, Monroe County 1100 Simonton St. Key West, FL 33040 Dear Mayor Scholl, FloridaCommerce has completed its review of Monroe County's proposed comprehensive plan amendment (Amendment No. 24-04ACSC),which was received on October 22, 2024. FloridaCommerce has reviewed the proposed amendment in accordance with the state coordinated review process set forth in sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S. The attached Objections, Recommendations, and Comments Report outlines FloridaCommerce's findings concerning the amendment. FloridaCommerce does not identify any objections to the proposed amendment. However, FloridaCommerce is providing two comments.The comments are offered to assist the local government but will not form the basis for a determination of whether the amendment, if adopted, is "In Compliance"as defined in section 163.3184(1)(b), F.S. Copies of comments received by FloridaCommerce from reviewing agencies, if any, are also enclosed. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance,the procedures for adoption and transmittal of the comprehensive plan amendment are enclosed. The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant to section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce within ten working days after the final adoption hearing or the amendment shall be deemed withdrawn pursuant to section 163.3184(4)(e)2., F.S. flplll An equal opportunity empkayer/program.AuxiliaryraWs and service are.available upon request to individuals with disabilities.All voice'telephone numbers on tN' ,,; m IN�U III lyl p, l.:o, ducurnent may be reached by persons using q Y'Yl s D equipr ent via the F Irrrldra �� �� Relay Service at 71.1_. 3285 Mayor Jim Scholl December 20, 2024 Page 2of2 FloridaCommerce staff is available to assist the County to address the comments. If you have any questions related to this review, please contact Joshua Pelfrey, Planning Analyst, at(850)-717-8549 or via email at Joshua.Pelfrey@Commerce.fl.gov. Since &/ies D.Stansbury, Chief ureau of Community Planning and Growth JDS/jp Enclosures: Objections, Recommendations,and Comments Report Procedures for Adoption Reviewing Agency Comments cc: Cheryl Cioffari,AICP Assistant Director of Planning, Monroe County Isabel Cosio Carballo, MPA, Executive Director,South Florida RPC p Ain equ all ca pcalrltuinflty enrninVaave/prograalriru.Auaxillfimyy aids aind seirvice we aav ailVbie �� �V nnil IIUu III Iu {��'� i0.1�tr„„ IIII I �I IIII Iltllllli�Ipl� ro III �� it " tl IIII tl I �lllltl N IIIII uspuruo xaaqw ga to Vuncinnrudu.aallan wdi.11lt cmilsaniksullVltiies.Ail vcrVae tvftVacro,"ue i on urrnVan IVum l« � r dcnC.uailrnaaaualt may be oeauclrnrt.d b'.r�r<�cnUoz>uaaauo"n Iflflr IrU�9 a:c aaV nan��iV.a�r Itu II- ., NVV,VIVVVV�IV�tI�� N tilUl�lllllllu�4��I I����II�II��������11111111�1����������� I���IV��I�III �J! W�W�V��NVV��VIVIVVV�UIIVIIUI � Y N / X Va u Vcuo, VueUay Service at TI.:llo 3286 Objections, Recommendations and Comments Report Proposed Comprehensive Plan Amendment Monroe County 24-04ACSC FloridaCommerce has identified two comments regarding Monroe County's proposed comprehensive plan amendment.The comments are provided below,along with recommended actions the County could take to resolve issues of concern. Comments are offered to assist the local government and will not form the basis for a compliance determination. FloridaCommerce staff has discussed the basis of the report with County staff and is available to assist the County to address the comments. Comment 1: Inter overnmental Coordination Monroe County should coordinate with the Florida Fish and Wildlife Conservation Commission to address the comments from their November 20, 2024, correspondence in the adopted amendment. Comment 2: Internal Consistency Consistent with Policy 502.1.4, Monroe County should continue to work with the US Fish and Wildlife Service to amend the Coastal Barrier Resources System Map to ensure CBRS designations are properly identified. llll .., III I�IIIII An equ all a pp:arc,rturuuuy ei m,yull�.wyer/lPro r aim.Auaixall=.w y ands sand service acre«vaflaHe mmi i p III m m ,m ml' it �., upon n request to rncfiWrk l unalls with a�sab llffies.AIIIII voice telephone unu irnbe.rs aair fts IIIIIIIIIIIII p doc urnveint may be reached by persons ausfrn l7Y/TTD a quuiilprrue nt via the Il Florida Rea ay 1:verv�ce at 711. 3287 SUBMITTAL 0F ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW 8w«±|on 163,3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using F|oridoCononoerce's electronic amendment submittal portal "Comprehensive ( �rsubmitthree complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on [D ROM in Portable Document Format(PDF)tothe State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council, Water Management District, Department ofTransportation, Department of Environmental Protection, Department of State, the appropriate county(municipal amendments only),the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only), and the Department of Education (amendments relating to public schools), and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package. Summary description of the adoption package, including any amendments proposed but not adopted. Ordinance number and adoption date. Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments tothe local government. Name, title, address'telephone, FAX number and e-mail address uf local government contact. Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: in the cane of text amendments,changes should be shown in strike'through/under|ineformnat. In the case of future land use map amendment, an adopted future land use map, in color format,clearly depicting the parcel, its existing future land use designation and its adopted designation. Effective: 2O11 (Up�o1�dDecember�A24) Page. ' 3288 A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required. Copy of executed ordinance adopting the comprehensive plan amendment(s). Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. " List of additional changes made in the adopted amendment that the FloridaCommerce did not previously review. List of findings of the local governing body, if any,that were not included in the ordinance, and which provided the basis of the adoption or determination not to adopt the proposed amendment. Statement indicating the relationship of the additional changes not previously reviewed by the FloridaCommerce to the ORC report from the FloridaCommerce. Effective:June 2, 201 (Updated December 2024) Page 5 of 5 3289 November 20,2024 Cheryl Cioffari Ina Monroe County Planning Department 2798 Overseas Highway, Suite 400 Marathon,FL 33050 Florida Fish ; ;uniu --�. v: and Wildlife Conservation RE: Monroe County 24-04ACSC (BOCC Resolution No.435-2024/File No. 2023-244), Commission Comprehensive Plan Amendment Commissioners Dear Ms. Cioffari: Rodney Barreto Chairman Florida Fish and Wildlife Conservation Commission(FWC) staff reviewed the above-referenced Coral Gables comprehensive plan amendment package and provides the following comments and Steven Hudson recommendations for consideration in accordance with Chapter 163.3184,Florida Statutes. Vice Chairman Fort Lauderdale While there are no objections to the amendment,the following technical assistance information is Prestoprovided to assist the Department of Commerce,the County, and any applicants during the Tampa n Farrior amendment review and future project planning. Gary Lester Oxford Project Description Albert Maury Coral Gables Monroe County transmitted this privately initiated comprehensive plan text amendment to amend Gary Nicklaus Monroe County's Comprehensive Plan Policy 212.3.2(5)to permit marinas as an allowed use on Jupiter parcels within Unit 57 of the Coastal Barrier Resource System and the Safe Harbor Overlay Sonya Rood District. The amendment would apply to Parcel No. 00123720-000400,which consists of St.Augustine approximately 4.19 acres located on Stock Island, approximately 0.8 miles south of State Road Office of the A I A(Jimmy Buffett Memorial Highway), located on the north side of Shrimp Road. The Executive Director dominant landcover consists of urban open land covered with exotic vegetation,and the site is Roger A.Young currently vacant but has a history of outdoor storage according to the application materials. Executive Director Charles"Rett"Boyd Assistant Executive Director Potentially Affected Resources George Warthen Chief Conservation Officer The applicant did not provide a wildlife survey or environmental plan in support of the Jessica Crawford amendment. FWC staff conducted a geographic information system (GIS)analysis of the project Chief of Staff area,which found that the project area is located near,within,or adjacent to: Division of Habitat and Species Conservation . U.S. Fish and Wildlife Service(USFWS) Consultation Area for the piping plover Melissa Tucker (Charadrius melodus, [FT] Federally Threatened) Director 850-488-3831 . Potential habitat for the smalltooth sawfish(Pristis pectinata,Federally Endangered Managing fish and wildlife [FE]) and least tern(Sternula antillarum, State Threatened [ST]) resources for their long-term well-being and the benefit . National Marine Fisheries Service(NMFS) Critical habitat for the loggerhead sea turtle of people. oioiroinmui00000000loiollllruiuiuiuiuiuiuiuioloiol00000000000000000000ioloiuiuimm (Caretta caretta,FT) 620 South Meridian Street Tallahassee,Florida 32399-1600 Voice:850-488-4676 Hearing/speech-impaired: 800-955-8771(T) 800 955-8770(V) MyFWC.com 3290 Cheryl Cioffari Page 2 November 20,2024 Comments and Recommendations FWC staff recommend a modification to Monroe County's proposed edits of Policy 212.3.2, indicated as follows in italics. "Notwithstanding the proceeding sentence and Policy 102.7.2,marinas may be permitted on parcels that are both within Unit 57 of the Coastal Barrier Resources System(CBRS) and located within the Safe Harbor Community Center Overlay District,provided all necessary permits, including state and county, are obtained." Least Tern While the existing conditions onsite likely do not support least tern nesting activity,clearing associated with construction may create conditions conducive for nesting. Least terns have been known to nest on nearby rooftops in Key West and near Big Coppit Key as well as some platforms on Geiger Key. Cleared sites such as areas that have undergone surface scraping may attract ground nesting species such as least terns or other imperiled beach-nesting birds(IBNB) during nesting season. 1BNB nests have been documented on a variety of disturbed sites, including construction sites. Least terns and other IBNBs deposit their eggs in shallow"nest scrapes"they dig in sand, shell, gravel, or similar substrates. Egg-laying for least terns usually begins between April 1 and early May. Colonies may range in size from a few breeding pairs to many hundreds. FWC staff recommends the following measures to reduce nesting potential during construction: • Conduct clearing,grading,and construction activities outside of the breeding season (generally April 1 through September 1)if feasible,or, • If these activities occur during the breeding season: o A bird monitor is recommended for sites near the coast with sandy substrates, especially in areas near recent breeding sites,to avoid accidental impacts to camouflaged active IBNB nests or chicks. Check ShoreMapper for locations of Recent Breeding Sites: 6 o Clear and grade the site only when ready to build. Avoid leaving cleared or graded areas with little to no activity for extended periods. Least terns may lay eggs within just a few days of digging nest scrapes. If nesting is observed,FWC staff are available to discuss necessary nest buffers and potential permitting alternatives. The Species Conservation Measures and Permitting Guidelines for American Oystercatcher, Snowy Plover, ( .:.i ° -� ��...�. �. °"'........ ......:. g�� 1d ➢:J1J l�lW )can be B ackSkimmer, and Least Tern r , :uy i � u�urn �:N�t� )7 /�q u�4:,, referenced for additional biological information,measures for avoiding impacts,and conservation practices. Federal S p.)ecies This site may also contain habitat suitable for the federally listed species identified above. FWC staff recommends coordination with the USFWS Florida Ecological Services Office(ESO)as necessary for information regarding potential impacts to these species. The USFWS ESO can be contacted at V. \N'41�' ea wti w,' fi , 3291 Cheryl Cioffari Page 3 November 20,2024 FWC staff appreciates the opportunity to provide input on this project. For specific technical questions regarding the content of this letter,please contact Morgan Schad at(561) 882-5715 or by email at Tylor gal c1u:�a�i+�� Nib�7 I �r��u�;��n. All other inquiries maybe sent to arr µ " o �rLl iy � y. .ni._ Sincerely, �ekce-e'� Josh Cucinella Land Use Planning Program Administrator Office of Conservation Planning Services j c/ms Monroe County 24-04ACSC_60253_11202024 cc: Mike Roberts,Monroe County, 0 .., � Barbara Powell,DEO, R 3292 Docusign Envelope ID:E539CFFB-3F12-419A-9A14-E4127E47E076 FDiOT Florida Department of'TraInsportation November 18, 2024 Ms. Cheryl Cioffari, AICP Assistant Director of Planning County of Monroe Planning and Environmental Resources Department Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Subject: Comments for the Monroe County Comprehensive Plan Amendment FDEO #24-04ACSC Dear Ms. Cioffari: Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation, District Six, reviewed the proposed text amendment to the Monroe County Comprehensive Plan. The proposed amendments modify text within the Future Land Use Element. The District reviewed the amendment package per Chapter 163 Florida Statutes and found the proposed text amendment would not adversely impact transportation resources and facilities of state importance. Thank you for coordinating on the review of these proposed amendments with FDOT. If you have any questions, please do not hesitate to contact me by email at tier elrt eeto. 9,!�"d� fjstat:o f t or at 305-470-5393. ttt()t:g0 � Nxiim south.11roads.corn 3293 Docusign Envelope ID:E539CFFB-3F12-419A-9A14-E4127E47E076 Ms. Cheryl Cioffari November 18, 2024 Page 2 Sincerely, DocuStigned by 4 M1 6FlI 1} h B06CD0675 DD... lereen ee Fong, MS-CE Community Planning Coordinator Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Isabel Cosio Carballo, South Florida Regional Planning Council Kathe Lerch, South Florida Regional Planning Council Donna Harris, Florida Department of Commerce 3294 MEMORANDUM AGENDA ITEM#IV.0 DATE: NOVEMBER 18, 2024 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN (LGCP) PROPOSED AND ADOPTED AMENDMENT CONSENT AGENDA Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council(Council), the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health, safety,welfare, and quality of life of the residents of the Region." In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy Plan for South Florida(SRPP). Pursuant to Section 163.3184, Florida Statues as presently in effect,Council review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Economic Opportunity certifies its completeness. A written report of the Council's evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Recommendation Find the proposed and adopted plan amendments from the local governments listed as not causing adverse impact to state or regional resources/facilities and without extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. am South Florida Regional Planning Council s Oakwood Boulevard, Suite 25o, Hollywood, Florida 33020 954-924-3653 Phone,954-924-3654 FAX 3295 PROPOSED AMENDMENTS • Broward County 24-04ESR Proposes two amendments as part of the amendment package. One amendment is to the Broward County Land Use Plan-City of Fort Lauderdale,and the other is to the Broward County Land Use Plan Text- City of Fort Lauderdale, amending the land use designation of 361.7 acres from Commerce to Activity Center, with a variety of residential and employment-based uses, including civic and open space uses. The proposed amendments correspond to the City of Fort Lauderdale's proposed comprehensive plan amendments 24-01ESR, 24-02ESR, and 24-03ESR, pertaining to the Uptown Urban Village development. • Monroe County 24-04ACSC Proposes amending Policy 212.3.2 of the Comprehensive Plan to permit marinas as an allowed use on parcels located within Unit 57 of the Coastal Barrier Resource System and located within the Safe Harbor Community Center Overlay District, as proposed by JKYD, LLC. • City of Lighthouse Point 24-01ER Proposes Evaluation and Appraisal Report(EAR) based text amendments to the City's Comprehensive Plan for Future Land Use, Housing, Recreation and Open Space,Transportation,Coastal Management, Conservation, Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge, Capital Improvements and Intergovernmental Elements. Included is amended Policy 2.3.14 to comply with state requirements regarding the Live Local Act and an amended Goal 1ED to reflect economic policy based on best practices and community character. • City of Marathon 24-01ACSC Amends Objective 1-4.1,to provide Workforce/Affordable Housing Building Permit Allocations(BPA), updating zoning, Future Land Use Map, and Land Development Regulations modifying provisions on Early Evacuation for BPAs units. ADOPTED AMENDMENTS • City of Margate 24-01ESR Amends language to increase the average density of a 104.4-acre dashed line area from 7.6 to 8.38 dwelling units per acre to provide for the redevelopment of a 21.3-acre golf course identified as Nove of Margate. Additional information includes: • Updates the dashed line area acreage inventory of Policy 1.2.6 and the Future Land Use Map (FLUM) to remove mapping errors and align Margat's Future Land Use Map with Broward County's Future Land Use Map. • Updates the adopted average density of Dashed Line Area D from 8.4 to 8.38 dwelling units per acre to align Margate's Land Use Map and analysis with Broward County's Land Use Map and analysis. • Updates the data,inventory,and analysis of the Margate Future Land Use Element to reflect these changes. • Revises the verbiage of Policy 1.2.6 to ensure consistency with the Broward County Land Use Plan. • City of Plantation 24-01ESR Amends Comprehensive Planning Flexibility Policies to be consistent with the Broward County Land Use Plan relating to Affordable Housing. The update includes the City's allocation of flexibility units, adopting policies consistent with the County's affordable housing bonus densities, and adopting a Unified Flex Zone for the entire City.. 2 3296 • Town of Southwest Ranches 24-02ESR Adopts a text amendment to the Future Land Use Element authorizing development in one of the Town's Land Use categories to connect to municipal water and sewer systems other than those of the City of Sunrise. The Town restored the words "or roofed structure" eliminating the strike-through of these words. ** Staff Note: Due to the different time requirements for Agencies' responses, some comments may not have been received. Of the Agencies that have submitted comments, those comments do not reflect potential adverse regional or extra-jurisdictional impacts. No concerns or technical assistance comments reflecting potential adverse regional or extra-jurisdictional impacts were received from local governments or partner agencies. 3 3297 Harris, Donna From: Plan-Review <Plan.Review@dep.state.fl.us> Sent: Thursday, November 21, 2024 4:21 PM To: DCPexternalagencycomments Cc: Plan Review Subject: [EXTERNAL] - Monroe County 24-04ACSC Proposed CL1"I'"IIII 10114 "This email originated from outside of the organization. Do not click links or ope n attachments unless you recognize the sender and know the content is safe." To: Donna Harris, Senior Plan Processor, Florida Commerce Bureau of Community Planning and Growth Re: Monroe County 24-04ACSC —State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to Plat ii iAc ie G f!F1(w: d Qlll i� ��� ��:. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. a Customer Service ire 4. Survey i 3298 I IV1SICal^,� Cah C"C R1:1C:aI'AI IC)11,�S Org . I "I J.l 1 r1"� IC7¢',IrrgIrt,Irn¢IrnO sad w 0 0¢ / IDiivii.siio n of G:oiil Irrcalra�0iisalrnss, / "� aIr&, Ifw¢„Coj[rd s / 1L0 aIra_ y I irn0ii0y IRIgr n¢ / I[:)etalil by IEE;iirvfl- Name Florida Limited Liability Company JKYD, LLC Filling Information Document Number L12000151657 FEI/EIN Number 46-5395832 Date Filed 12/04/2012 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/08/2020 Principal Address 5700 FOURTH AVE. STOCK ISLAND KEY WEST, FL 33045 Changed: 04/08/2024 Mailing Address PO BOX 144235 CORAL GABLES, FL 33114 Registered Agent Name&Address ARAZOZA& FERNANDEZ-FRAGA P.A. 2100 SALZEDO STREET SUITE 213 CORAL GABLES, FL 33134 Name Changed: 10/08/2020 Address Changed: 01/25/2018 Authorized Person(s) Detail Name&Address Title MGR BERNSTEIN, ROGER M PO BOX 144235 CORAL GABLES, FL 33114 3299 Title MGR BERNSTEIN, JORDAN M 6199 Finsbury Court PALM BEACH GARDENS, FL 33428 Annual R ports Report Year Filed Date 2022 04/10/2022 2023 04/10/2023 2024 04/08/2024 Document Images 04/08/2024--ANNUAL REPOIR 11 Vow imago in IPIDIF foinrna� ................ 04/10/2023--ANNUAL RIEPOIRIF Vow imago in IPIDIF foinrna� ................ 04/10/2022--ANNUAL.RIEPOIRIF Vim( imago in IPIDIF foinrna� ................ 03/02/2021 ANNUAL REPOIR 11 Vow imago in IPIDIF foinrna� 10/08/2020 RIBINSTATEIMENIF Vow imago in IPIDIF foinrna� ................ 02/07/2019--ANNUAL.RIEPOIRT Vim( imago in IPIDIF foinrna� ................ 01/25/2018—AININUAIL REPOIR11 Vow imago in IPIDIF foinrna� 02/13/2017--ANNUAL RIEPOIRIF Vow imago in IPIDIF foinrna� ................ 04/18/2016--ANNUAL.RIEPOIRT Vim( imago in IPIDIF foinrna� ................ 0110712015—AININUAIL REPOIR11 Vow imago in IPIDIF foinrna� 0 1/09/2014--ANNUAL RIEPOIRIF Vow imago in IPIDIF foinrna� ................ 04/11/20 13--ANNUAL RIEPOIRIF Vim( imago in IPIDIF foinrna� ................ 12/04/2012--Floinda Limilod Lialbilifty Vow imago in IPIDIF foinrna� 3300 18, , Y 2 4� 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. -2025 10 11 AN ORDINANCE APPROVING AN AMENDMENT TO POLICY 12 212.3.2 OF THE MONROE COUNTY COMPREHENSIVE PLAN TO 13 INCLUDE ADDITIONAL LANGUAGE TO PERMIT MARINAS AS 14 AN ALLOWED USE ON PARCELS THAT ARE BOTH WITHIN 15 UNIT 57 OF THE COASTAL BARRIER RESOURCES SYSTEM 16 AND LOCATED WITHIN THE SAFE HARBOR COMMUNITY 17 CENTER OVERLAY DISTRICT AS REQUESTED BY JKYD, LLC; 18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 19 OF CONFLICTING PROVISIONS; PROVIDING FOR 20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 21 AND THE SECRETARY OF STATE; PROVIDING FOR 22 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 23 PLAN; PROVIDING FOR AN EFFECTIVE DATE.' 24 25 26 WHEREAS, the State of Florida has by administrative rule and statutorily designated 27 Monroe County the State's only countywide Area of Critical State Concern pursuant to Florida 28 Administrative Code Rule 28-29.002 and Florida Statutes § 380.0552(3); and 29 30 WHEREAS, the State by administrative rule, pursuant to Florida Administrative Code 31 Rule 28-20.019(5), requires that all "development" in Monroe County "shall" be consistent with 32 the Monroe County Comprehensive Plan; and 33 34 WHEREAS,the Monroe County Comprehensive Plan,by and through its requirement that 35 "all planning and development within the Florida Keys must be consistent with Sections 380.05 36 and 380.0552, F.S., Principles for Guiding Development", requires that all "development" must 37 be consistent with the State's statutory Principles for Guiding Development in the Florida Keys 38 Area of Critical State Concern; and 39 40 WHEREAS, accordingly, all"development"in Monroe County"must"be consistent with 41 the State's statutorily adopted Principles for Guiding Development in the Florida Keys Area of 42 Critical State Concern; and 43 44 1 Monroe County Planning and Environmental Resources Department File No.2024-244. 1 of 5 3301 I WHEREAS, on or about October 12, 2023, the Monroe County Planning and 2 Environmental Resources Department("Department")received an application from Smith Hawks 3 P.L. acting as an authorized agent for JKYD, LLC (the"Applicant")requesting to amend Monroe 4 County Comprehensive Plan Policy 212.3.2 to permit marinas as an allowed use within Unit 57 of 5 the Coastal Barrier Resource System, said Application's submission apparently being part of an 6 effort to potentially allow for the possible future development of a marina on a parcel on Shrimp 7 Road, Stock Island, currently having Monroe County Property Appraiser's Office property 8 identification number("Parcel ID No.") 00123720-000400; and 9 10 WHEREAS,on May 22,2024,a concept meeting was held,as required by Monroe County 11 Land Development Code ("LDC") Section 102-158(d)(3),to discuss the proposed Comprehensive 12 Plan and Land Development Code text amendments, and it was determined that the proposed 13 amendment would not have a County-wide impact and a Community Meeting would not be 14 required in accordance with LDC Section 102-159(b); and 15 16 WHEREAS,the Applicant has submitted a corresponding text amendment to the Monroe 17 County Land Development Code proposing to amend LDC Section 118-15(5) to permit marinas 18 as an allowed use within Unit 57 of the Coastal Barrier Resource System; and 19 20 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and 21 considered the proposed amendment at a regularly scheduled meeting held on July 22, 2024; and 22 23 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or 24 "PC") held a public hearing on the 28th day of August 2024, for review and recommendation on 25 the proposed Comprehensive Plan text amendment; and 26 27 WHEREAS, based upon the information and documentation submitted, the Planning 28 Commission made the following findings of fact and conclusions of law: 29 30 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 31 Monroe County Year 2030 Comprehensive Plan; and 32 2. The proposed amendment is consistent with the Principles for Guiding Development 33 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 34 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute; 35 36 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. P16- 37 24 recommending approval with changes as discussed during the hearing of the proposed 38 amendment; and 39 40 WHEREAS,at a regular meeting held on the 16th day of October 2024,the Monroe County 41 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 42 text amendment, considered the Monroe County Planning and Environmental Resources 43 Department's professional staff report and professional staff presentation, and provided for public 44 comment and public participation in accordance with the requirements of state law and the 45 procedures adopted for public participation in the planning process; and 46 2of5 3302 I WHEREAS, at the October 16, 2024, public hearing, the BOCC considered the subject 2 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 3 Agency; and 4 5 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 6 Objections, Recommendations and Comments ("ORC") Report on December 20, 2024, received 7 by the County on or about December 20, 2024; and 8 9 WHEREAS,the ORC Report did identify two comments; and 10 11 WHEREAS, Monroe County Planning and Environmental Resources Department 12 professional staff have addressed the comments received as part of the ORC Report and has 13 updated the proposed amendment language to address those comments; and 14 15 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 16 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 17 18 WHEREAS,at a regularly scheduled meeting on the 15th day of January 2025,the Monroe 19 County Board of County Commissioners ("BOCC", "Board", "Monroe County", or the"County") 20 held a duly noticed public hearing to consider adoption of the proposed Comprehensive Plan text 21 amendment; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 25 26 Section 1. Recitals. The foregoing findings of fact and conclusions of law are true and correct 27 and are hereby incorporated as if fully stated herein. 28 29 Section 2. The Monroe County BOCC accepts all of the analysis, findings of fact, and 30 conclusions of law in the December 23, 2024-dated Monroe County Planning and 31 Environmental Resources Department professional staff report accompanying this 32 BOCC agenda item stating that it is for meeting date January 15, 2025,provided to 33 the Board by and through Senior Director Emily Schemper, A.LC.P.,' C.F.M.,3 and 34 Planning Policy Advisor Barbara Powell, and hereby adopts all of the analysis, 35 findings of fact, and conclusions of law in the Department's professional staff 36 report as the BOCC's own analysis, findings of fact, and conclusions of law, and 37 incorporates said professional staff report as if fully set forth herein. 38 39 Section 3. The text of the Monroe County Comprehensive Plan is hereby amended as follows 40 (Deletions are shown sue; additions are shown underlined): 41 42 43 ***** 44 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.). 3 of 5 3303 I Policy 212.3.2 2 The development of new marina facilities shall be located in areas where maximum 3 physical advantages exist and where no unreasonable or excessive impacts are foreseen on 4 marine resources. Proposed new marina facilities shall meet the following requirements: 5 6 5. Quality of upland areas and degree of alteration necessary. Marinas shall not be 7 sited on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina 8 development shall not adversely impact the upland area of, or adjacent to, a 9 proposed marina site. Additionally, marinas shall not be permitted on offshore 10 islands or on units of the Coastal Barrier Resources System (CBRS). 11 Notwithstanding _the preceding sentence, marinas may be permitted on parcels preceding sentence, marinas may be permitted on parcels that 12 are both within Unit 57 of the Coastal Barrier Resources System (CBRS) and 13 located within the Safe Harbor Community Center Overlay District. 14 15 ***** 16 17 Section 4. As provided by Florida Statutes § 125.022(6),the issuance of a development permit 18 or development order by a county does not in any way create any rights on the part 19 of the applicant to obtain a permit from a state or federal agency and does not create 20 any liability on the part of the county for issuance of the permit if the applicant fails 21 to obtain requisite approvals or fulfill the obligations imposed by a state or federal 22 agency or undertakes actions that result in a violation of state or federal law. 23 24 Section 5. As provided by Florida Statutes § 125.022(6), all other applicable state or federal 25 permits must be obtained before commencement of development. 26 27 Section 6. The Monroe County BOCC hereby ordains that the interpretation of this ordinance 28 and all provisions of the Monroe County Comprehensive Plan, Florida Building 29 Code, Florida Statutes, floodplain management regulations, and Monroe County 30 Codes whose interpretation arises out of, relates to, or is interpreted in connection 31 with this ordinance shall be liberally construed and enforced in favor of the Monroe 32 County BOCC, and such interpretation shall be entitled to great weight in 33 adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. 34 35 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 36 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 37 or unenforceable in or by any administrative hearing officer or court of competent 38 jurisdiction, the invalidity or unenforceability of such provision, or any part or 39 portion thereof, shall neither limit nor impair the operation, enforceability, or 40 validity of any other provision of this Ordinance, or any remaining part(s) and/or 41 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 42 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 43 44 Section 8. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this 45 Ordinance are hereby repealed to the extent of said conflict. The repeal of an 4of5 3304 I ordinance herein shall not repeal the repealing clause of such ordinance or revive 2 any ordinance which has been repealed thereby. 3 4 Section 9. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 5 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 6 7 Section 10. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 8 Secretary of the State of Florida but shall not become effective until a notice is 9 issued by the State Land Planning Agency or Administration Commission finding 10 the amendment in compliance with Chapter 163, Florida Statutes and after any 11 applicable challenges have been resolved. 12 13 Section 11. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 14 in the Monroe County Comprehensive Plan. The numbering of the foregoing 15 amendment may be renumbered to conform to the numbering in the Monroe County 16 Comprehensive Plan. 17 18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 19 Florida, at a regular meeting held on the 151h day of January, 2025. 20 21 Mayor James K. Scholl, District 3 22 Mayor Pro Tem Michelle Lincoln, District 2 23 Commissioner Craig Cates, District 1 24 Commissioner David Rice, District 4 25 Commissioner Holly Merrill Raschein, District 5 26 27 28 29 30 BOARD OF COUNTY COMMISSIONERS 31 OF MONROE COUNTY, FLORIDA 32 33 34 By: 35 Mayor James K. Scholl 36 WONPOF,COUNTY ATTORNEY 37 38 (SEAL) Daw 39 40 41 ATTEST: KEVIN MADOK, CLERK 42 43 44 45 AS DEPUTY CLERK 5 of 5 3305 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Emily Schemper, A.LC.P.,i C.F.M., Senior Director, Monroe County Planning and 11 Environmental Resources Department 12 13 From: Barbara Powell, Planning Policy Advisor, Monroe County Planning and Environmental 14 Resources Department 15 16 Date: December 23, 2024 17 18 Subject: A Public Hearing to Consider Adoption of an Ordinance Approving an Amendment to 19 Policy Monroe County Comprehensive Plan Policy 212.3.2(5) to permit marinas as an 20 allowed use on parcels within Unit 57 of the Coastal Barrier Resource System and the 21 Safe Harbor Center Overlay District, as proposed by JKYD, LLC, a Florida-registered 22 limited liability company.3 23 24 Meeting: January 15, 2025 25 26 L THE REQUEST: 27 28 On October 12, 2023, the Monroe County Planning and Environmental Resources Department 29 ("Department") received an application from Smith Hawks P.L. acting as an agent of JKYD, LLC, a 30 Florida-registered limited liability company, requesting an amendment to Monroe County 31 Comprehensive Plan Policy 212.3.2(5)to permit marinas as an allowed use on parcels within Unit 57 of 32 the Coastal Barrier Resource System ("CBRS") and the Safe Harbor Overlay District ("SHOD"). The 33 Application was submitted on behalf of JKYD, LLC (the "Applicant") to allow for the future 34 development of a marina on a parcel on Shrimp Road, Stock Island, currently having Monroe County 35 Property Appraiser's Office property identification number("Parcel ID No.") 00123720-000400. 36 37 The Applicant wrote the following representations in the application as the basis for its requested 38 Comprehensive Plan amendment: 39 40 "The Property is located within the entrance to the Safe Harbor Port, one of the most importantports in 41 the Florida Keys. The Safe Harbor Port is a deep dredge port and provides safe and secure mooring 42 storage for vessel owners within the lower keys. The Property is surrounded by commercial marinas and 43 commercial businesses that make up the Safe Harbor Port. The amendment will allow the Property to 44 be developed with a marina use, which is in line with the community character and surrounding uses 45 and will provide additional safe and secure vessel storage for the residents of the lower keys. 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 and Environmental Resources Department File No. 2024-244. 1of18 3306 I The Property was errantly included in the CBRS unit system, which in and of itself is not a prohibition 2 on development, however, the County's inclusion of the language in Comprehensive Plan policy 3 212.3.2(5)prohibits the Property from being developed with a use that is most beneficial to the area and 4 residents. The amendment will permit the Property to be developed with marina uses, which is in line 5 with the community character, in the best interest of the public and is in line with the County's view of 6 the Property's inclusion in FL-57." The Applicant's full rationalization of its requested Comprehensive 7 Plan amendment is included in the file for the application.4 8 9 Concurrent Applications: Land Development Code Text Amendment. 10 11 Monroe County Planning and Environmental Resources Department File No. 2023-245: A request to 12 amend Monroe County Land Development Code ("LDC") Section 118-15 to permit marinas as an 13 allowed use on parcels within Unit 57 of the CBRS and SHOD. 14 15 II. BACKGROUND INFORMATION: 16 17 Site Information: 18 Location: Mile Marker(MM) 5, Stock Island. 19 Addresses: 7281 Shrimp Road. 20 Description: More particularly described at Book 2603, Page 367, of Document Number 1911414, of 21 the Official Records of Monroe County, Florida. 22 Parcel ID No.: 00123720-000400. 23 Owner/Applicant: JKYD, LLC, a Florida-registered limited liability company. 24 Size of Property: 4.19 acres 25 (182,516 square feet ("S.F.")) of J� Y 26 upland area per Existing " 27 Conditions Report ("E.C.R.") ' " 28 prepared by Terramarp 29 Environmental Services, Inc. d, 30 signed-and-dated April 5 2024. g p � � 1' 31 Future Land Use Map 32 ("FLUM") Designation: Mixed 33 Use Commercial ("MU"). � 34 Land Use District ("LUD"): 35 Maritime Industries ("MP'). 36 Military Installation Area of 37 Impact ("MIAI"): Yes. 38 Tier Designation: HI. Property Outlined in Orange Above (Image Dated 2024) 39 Flood Zone: AE9. 40 CBRS: Yes. 41 Existing Uses: Presently vacant but has a history of outdoor storage. 42 Existing Vegetation/Habitat: Apparent exotics. 43 Community Character of Immediate Vicinity: Marina, Transient, Public Facilities, Residential. 44 45 46 47 48 4 Id. 2of18 3307 I Historic Aerial Ima er of the Pro er 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, Monroe County Planning and Environmental Resources Department 7 professional staff determined that the requested text amendment 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 Planning Commission Meeting and Public Input 17 On August 28, 2024, the Planning Commission considered the proposed amendment and provided for 18 public input. There were no public comments. 19 20 BOCC Public Hearing to Approve Transmittal to the State Land Planning A2ency 21 On October 16, 2024, at a regularly scheduled meeting, the Monroe County Board of County 22 Commissioners (`BOCC", "Board", "Monroe County", or the "County") held a public hearing to 23 consider the transmittal of the requested text amendment, considered the professional staff report, and 3of18 3308 I provided for public comment and public participation in accordance with the requirements of state law 2 and the procedures adoption for public participation in the planning process. The BOCC adopted 3 Resolution 435-2024 transmitting the proposed amendment to the State Land Planning Agency (i.e., to 4 the Florida Department of Commerce) for review and comment. 5 6 Following their review of the proposed amendment, the Florida Department of Commerce ("Florida 7 Commerce") issued the attached Objections, Recommendations and Comments ("ORC") Report on 8 December 20, 2024. Florida Commerce provided the following comments: 9 10 Comment 1: Intergovernmental Coordination 11 Monroe County should coordinate with the Florida Fish and 12 Wildlife Conservation Commission to address the comments from 13 their November 20, 2024, correspondence in the adopted 14 amendment. 15 16 Comment 2: Internal Consistency 17 Consistent with Policy 502.1.4, Monroe County should continue to 18 work with the US Fish and Wildlife Service to amend the Coastal 19 Barrier Resources System Map to ensure CBRS designations are 20 properly identified. 21 22 The Florida Fish and Wildlife Conservation Commission ("FWC") issued a comment letter and 23 suggested the following edits to the policy: 24 25 Notwithstanding the preceding sentence and Policy 102.7.2, marinas may be 26 permitted on parcels that are both within Unit 57 of the Coastal Barrier Resources 27 System (CBRS) and located within the Safe Harbor Center Overlay District, 28 provided all necessarypermits, including state and county, are obtained. 29 30 Monroe County Planning and Environmental Resources Department professional agrees with FWC's 31 ORC comment letter changing the word"shall' to "may". 32 33 Sections 125.022(5)—(6), Florida Statutes,provide the following: 34 35 F.S. 125.022(5): For any development permit application filed with the county after 36 July 1, 2012, a county may not require as a condition of processing or issuing a 37 development permit or development order that an applicant obtain a permit or 38 approval from any state or federal agency unless the agency has issued a final 39 agency action that denies the federal or state permit before the county action on the 40 local development permit. 41 42 F.S. 125.022(6): Issuance of a development permit or development order by a 43 county does not in any way create any rights on the part of the applicant to 44 obtain a permit from a state or federal agency and does not create any liability 45 on the part of the county for issuance of the permit if the applicant fails to 46 obtain requisite approvals or fulfill the obligations imposed by a state or 47 federal agency or undertakes actions that result in a violation of state or 48 federal law. A county shall attach such a disclaimer to the issuance of a 49 development permit and shall include a permit condition that all other 50 applicable state or federal permits be obtained before commencement of the 51 development. 52 53 (Emphasis added). 4 of 18 3309 I In view of the foregoing, the language to require the "all necessary permits" as enumerated in FWC's 2 ORC comment letter is likely not consistent with Fla. Stat. § 125.022(5) (2024). 3 4 However, the required disclaimer and permit condition mandated by Florida Statutes § 125.022(6) shall 5 be provided. 6 7 There were no additional comments or objections in the ORC Report. The County has 180 days from 8 the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or 9 not adopt the amendment. 10 11 Previous Relevant BOCC Action 12 On September 10, 2012,Monroe County adopted BOCC Resolution No. 221-2012 to support legislation 13 to exclude Harbor Enterprises Inc. and Robbie's Safe Harbor Marine Enterprises Inc. from the Coastal 14 Barrier Resource System. That Resolution specified that Parcel ID Nos. 00123660-00000 and 00123720- 15 000400 (the latter being the subject property) "were fully developed, as that term is defined in the 16 Coastal Barrier Resource Act, 16 U.S. C.A. §§3501, et seq., as an operational marina and auto salvage 17 yard, respecfully,prior to the effective date ofthe Coastal Barrier Resources Act("CBRA'), on October 18 18, 1982, and their inclusion in the System on November 16, 1990;" 19 20 On December 11, 2013, Monroe County BOCC Ordinance No. 045-2013 adopted a Future Land Use 21 Map ("FLUM") Amendment, which changed the Land Use District("LUD") designation of the subject 22 property from Industrial ("I") to Mixed Use/Commercial ("MC").' This became effective February 6, 23 2014. 24 25 III. APPLICANT'S PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS: 26 Applicant text is shown as follows: Additions are set forth below in and deletions are set 27 forth in � . d� e��, � ��. 28 ***** 29 GOAL 212 30 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in 31 order to preserve and enhance coastal resources and to ensure the continued economic viability of the 32 County. [F.S. § 163.3178(2)(g)]. 33 34 OBJECTIVE 212.3 35 Marina facility development and redevelopment shall be consistent with the marine resource constraints, 36 be located in areas where maximum physical advantages exist and where no unreasonable or excessive 37 impacts are foreseen on natural resources and other significant resource. [F.S. § 163.3178(2)(g)]. 38 39 Policy 212.3.2 40 The development of new marina facilities shall be located in areas where maximum physical advantages 41 exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new 42 marina facilities shall meet the following requirements: 43 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass 44 or hardbottom (including hard and soft corals) should be avoided. Boat mooring sites 45 (slips or docks) shall not be located over a seagrass bed community or hardbottom 46 community regardless of water depth. No impacts to seagrass beds or hardbottom 47 communities should result from the construction or use of new marina development. s Monroe County Planning and Environmental Resources Department File No.2012-075. 5of18 3310 1 2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit 2 adequate circulation and tidal flushing. The waterway upon which the marina is proposed 3 to be sited shall meet or exceed State water quality standards and must currently have 4 "Good" water quality as indicated in the County's most current canal inventory and 5 assessment data.New marina development shall not adversely impact the quality of water 6 during construction or use. 7 3. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water 8 depth at mean low water at the marina site (including the mooring slips, turning basin, 9 and access channels), and the water depth shall be continuous to open water over a 10 channel width of twenty (20) feet. Water depth shall be adequate for the proposed vessel 11 use such that there be a minimum of one (1) foot clearance between the deepest draft of 12 the vessel and the bottom at mean low water. Greater water depths shall be required for 13 those facilities proposed for accommodating vessels having greater than a three (3) foot 14 draft. Sites shall not require dredging or filling to provide access. 15 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered 16 shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal 17 modification to the shoreline shall be permitted per County Land Development Code 18 Section 118-1, 118-12(m), and (o). 19 5, Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited 20 on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina development 21 shall not adversely impact the upland area of, or adjacent to, a proposed marina site. 22 Additionally,marinas shall not be permitted on offshore islands or on units of the Coastal 23 Barrier Resources System (CBRS). ��4)wjfllstarldIT1 _fl � 1���a _ _��11 _ _11�ajrl<1,s 24 i,hall_bl__11��i11�_ted l�lrl Il<bl���, ld�ldui tJr6 `� o _dill_ �_�:l<b�,_al �1<brje 1�es�:�uull_es ysteiil 25 ( <bu�li_lili_ated_ iid driflii <bd�_�i<bl_bor (_illiil�luuT1JtY �_eridi_� ����1,�<bm�_��l�,dl_ii_-_ 26 6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller 27 scarring should be avoided. Marinas shall not be located adjacent to areas of severe 28 seagrass scarring, based on the most current data available from the Florida Fish and 29 Wildlife Research Institute. 30 7. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall 31 be sited so as to prevent impacts to the Florida Manatee,American Crocodile, and marine 32 turtles and protect their habitat by avoiding areas of known American Crocodile range, 33 areas with high watercraft Florida Manatee mortality,or areas that include a beach known 34 to be used for marine turtle nesting. Site characteristics can be assessed using current data 35 from the Florida Fish and Wildlife Conservation Commission. 36 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or 37 historic resources/sites. 38 Applicants for new marina development shall be responsible for providing existing physical and 39 environmental site data specific to the proposed site to demonstrate the marina siting criteria described 40 above is met. 41 42 43 44 45 46 47 6of18 3311 I IV. ANALYSIS OF PROPOSED AMENDMENT AND PROFESSIONAL STAFF- 2 RECOMMENDED EDITS: 3 4 The Comprehensive Plan amendment is proposed to allow marinas on parcels within Unit 57 of the 5 Coastal Barrier Resource System and the Safe Harbor Overlay District. The Application was submitted 6 on behalf of JKYD, LLC, a Florida-registered limited liability company, to allow for the future 7 development of a marina on a parcel on Shrimp Road, Stock Island, currently having Monroe County 8 Property Appraiser's Office property identification number 00123720-000400. The aerial below shows 9 Unit 57 of the Coastal Barrier Resource System, as delineated by United States Fish and Wildlife 10 Service. 11 The Coastal Barrier Resources Act ("CBRA") of 1982 created the Coastal Barrier Resources System 12 ("CBRS"), a set of coastal barrier units along the U.S. coasts and territories. The Units are generally 13 comprised of private lands that were relatively undeveloped at the time of their designation within the 14 CBRS. The CBRA aims to minimize the loss of human life, Federal expenditures, and the damage to 15 natural resources associated with coastal barriers. Most new Federal expenditures and financial 16 assistance, including Federal flood insurance, are prohibited within the CBRS. The U.S. Fish and 17 Wildlife Service ("FWS") maintains the official maps of the CBRS. The CBRA does not prevent 18 development, and it imposes no restrictions on development conducted with non-Federal funds. Further, 19 the amendment will not negatively impact Monroe County's Community Rating System("CRS")score. 20 Unit 57 covers the southernmost portion of Stock Island and is largely comprised of submerged lands 21 edged by beach berm but also a developed area which includes Robbie's Safe Harbor Marina and a 22 portion of the subject parcel north of Robbie's along Shrimp Road. Aerial photographs demonstrate that 23 the subject property is filled bay bottom and has a history of use for vehicle storage. The 2023 habitat 24 map and the existing conditions report ("E.C.R.") received from the Applicant indicate the subject 25 property is apparently characterized by exotic vegetation. 7of18 3312 I The amendment would enable the Applicant to develop the subject property in a manner consistent with 2 the current future land use map("FLUM")and land use district("LUD") designations. The use proposed 3 in text amendment for the subject property is consistent with the use of marina,transient,public facilities, 4 residential on the surrounding properties. r �hU.S. Fish and Wildlife Service -, Coasital Barrier Resowirces. ystern CBR'S I Uu� red uVll�� �y I I is j Irl� Iliiiiii IIIIII��� � r � � i hart iti1 ' I IIIII IIII lil� IIIII I i'�jfidF�r r' VS FiM1 tlWItlIIf2S C rIB R PI,iFrog E".HERE.Gartntiin lCj Op St tln p [b t Fs nF(,EBE,1,G 11Op �t tM p t"b m ISd{he,�GlS Source F.s�ll Mave[rEadhsMY4iG opraphic�s,and th GV zl Ce ity I IIIIII it May 28,2024 rnis map is for�eneml rerenenoe only.The coastal earner RasoWaes sy�lem ICBRsj boanaoda�aepiated on mis map are rapreaemaaona.of the o-ti,.11lnp CBRS bebmdaries,,hich ave sh—,on the oHiclal maps,accessible at htlaa.11wu:w.hres.o-Mbrarvlcollova'ionsroHicial-coas[al- ,.,.,. harrier-reso,ugoes-systevn moRss_All CRRS related data should be used in acm�rdanee with the layer meladaia found on the CRRS Mapper CBRS Buffer Zone Wahslla. CBRS Unit, The CBRS BURer Zone represents the area ii— iaR:ly ac9ja,:enf In Iho CBRS haunchryv",h—usersare ad,i-d toourtt-1 the Sep—for an Othenmise Protected Area TI.I1t `r r (Wini f d,ervi I stal barner,e ssyslem nrourda-d ,ntlafanj aslo roramerihe pmpedg or project site is located'n out of the CBRS. sorme System Unil CBRS Units normally-1-dseawardautto1h.20-or 30-foot hathyr is contour(depending on the location ofthe Line).The true saavrard Thli,p,g was prod ucmtl by the-R5 Mtsppnr 5 6 The subject property is located within the Military Installation Area of Impact("MIAI"). 7 8 The amendment does not increase density or intensity uses. The amendment, if adopted, would allow 9 for the development of a marina on the subject parcel. Marinas are an allowable use within the MIAI 10 Land Use Table (Comprehensive Plan Policy 108.2.6). 11 12 13 14 15 16 17 [The remainder of this page has been intentionally left blank.] 18 19 20 8of18 3313 I Monroe County Planninz and Environmental Resources Department Professional Staff- 2 Recommended Edits: 3 4 Monroe County Planning and Environmental Resources Department professional staff are 5 recommending edits to the Applicant's proposal to address comments provided by Florida Commerce 6 and FWC on the proposed amendment and in an effort to provide for internal consistency of the 7 Comprehensive Plan and Code. Those edits are detailed below: 8 9 The Applicant's proposed additions are set forth below in blije--ul,lil)e�-J-ri a and deletions are blu e 10 ��� e��;l � � ��. Professional staff edits are shown as follows: additions are in reel cloii Nc micicrHtic and 11 deletions 12 13 GOAL 212 14 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in 15 order to preserve and enhance coastal resources and to ensure the continued economic viability of the 16 County. [F.S. § 163.3178(2)(g)]. 17 18 OBJECTIVE 212.3 19 Marina facility development and redevelopment shall be consistent with the marine resource constraints, 20 be located in areas where maximum physical advantages exist and where no unreasonable or excessive 21 impacts are foreseen on natural resources and other significant resource. [F.S. § 163.3178(2)(g)]. 22 23 Policy 212.3.2 24 The development of new marina facilities shall be located in areas where maximum physical advantages 25 exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new 26 marina facilities shall meet the following requirements: 27 1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass or 28 hardbottom (including hard and soft corals) should be avoided. Boat mooring sites (slips or 29 docks) shall not be located over a seagrass bed community or hardbottom community regardless 30 of water depth. No impacts to seagrass beds or hardbottom communities should result from the 31 construction or use of new marina development. 32 2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit adequate 33 circulation and tidal flushing. The waterway upon which the marina is proposed to be sited shall 34 meet or exceed State water quality standards and must currently have "Good" water quality as 35 indicated in the County's most current canal inventory and assessment data. New marina 36 development shall not adversely impact the quality of water during construction or use. 37 3. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water depth at 38 mean low water at the marina site (including the mooring slips, turning basin, and access 39 channels), and the water depth shall be continuous to open water over a channel width of twenty 40 (20)feet.Water depth shall be adequate for the proposed vessel use such that there be a minimum 41 of one (1) foot clearance between the deepest draft of the vessel and the bottom at mean low 42 water. Greater water depths shall be required for those facilities proposed for accommodating 43 vessels having greater than a three (3) foot draft. Sites shall not require dredging or filling to 44 provide access. 45 4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines as 46 defined in Sec. 101-1 of the Land Development Code. Minimal modification to the shoreline 47 shall be permitted per County Land Development Code Section 118-1, 118-12(m), and(o). 48 5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on lands 49 designated as Tier I or Tier III-A, if clearing is proposed. Marina development shall not adversely 9of18 3314 I impact the upland area of, or adjacent to, a proposed marina site. Additionally, marinas shall not 2 be permitted on offshore islands or on units of the Coastal Barrier Resources System (CBRS). 3 ��4) wifll�ma<!'Tld T1jl�l�__i2±��1 flue`: ")��ccc fli � _4m _ �d Via.°�_oud I'dic,,V 1 GD7 7 7 lliajrl<b�`m_ � �iV U10Y ° bdbM Mbd of dC G:hatl ad tl� abbCC aQ:hVV � ( a ad( .4 � fmi i-t �i o r� µfit/ fi ire �r fit/ ____ _________ _________ _________ _________ _________ _________ _________ _________ 5 ( _ <b �� � <ba �i_ �a 1i a <bd _Harbor �11 l uu i�L er�d l � 1,qyl) strl�ct, 6 6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller scarring 7 should be avoided. Marinas shall not be located adjacent to areas of severe seagrass scarring, 8 based on the most current data available from the Florida Fish and Wildlife Research Institute. 9 7. Impact of Boats on Florida Manatee,American Crocodile, and Sea Turtles. Marinas shall be sited 10 so as to prevent impacts to the Florida Manatee, American Crocodile, and marine turtles and 11 protect their habitat by avoiding areas of known American Crocodile range, areas with high 12 watercraft Florida Manatee mortality, or areas that include a beach known to be used for marine 13 turtle nesting. Site characteristics can be assessed using current data from the Florida Fish and 14 Wildlife Conservation Commission. 15 8. Other Significant Resources. No adverse impact shall be permitted on archaeological or historic 16 resources/sites. 17 Applicants for new marina development shall be responsible for providing existing physical and 18 environmental site data specific to the proposed site to demonstrate the marina siting criteria described 19 above is met. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 10 of 18 3315 I V. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT IN THE 2 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN AND MONROE COUNTY 3 COMPREHENSIVE PLAN: 4 5 The State of Florida has by administrative rule and statutorily designated Monroe County the State's 6 only countywide Area of Critical State Concern ("ACSC"). Fla. Admin. Code R. 28-29.002; Florida 7 Statutes § 380.0552(3). 8 9 The State by administrative rule requires that all "development" in Monroe County "shall" be 10 consistent with the Comprehensive Plan. Fla. Admin. Code R. 28-20.019(5) (emphasis added). 11 12 The Monroe County Comprehensive Plan requires that all "development" must be consistent with the 13 State's statutory Principles for Guiding Development in the Florida Keys Area of Critical State Concern. 14 Introduction, Monroe County Comprehensive Plan (' [A]ll planning and development within the 15 Florida Keys must be consistent with Sections 380.05 and 380.0552(7),F.S.,Principles for Guiding 16 Development.") (emphasis added). 17 18 Therefore, all "development" in Monroe County "must" be consistent with the State's statutorily 19 adopted Principles for Guiding Development in the Florida Keys Area of Critical State Concern. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 11 of 18 3316 I A. The Subject Amendment is Consistent with the Goals, Objectives and Policies of the Monroe 2 County 2030 Comprehensive Plan. Specifically,it furthers: 3 4 GOAL 101 5 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County 6 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)] 7 8 Policy 101.19.2 9 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the 10 plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans 11 have been completed in accordance with the principles outlined in this section and adopted by the Board 12 of County Commissioners: 13 3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference 14 into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this 15 Master Plan have been adopted and approved as equivalent to the term Objectives in the 16 Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan 17 have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and 18 Action Items without a green checkmark next to them are not considered to be consistent with 19 the definitions of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted 20 by Ordinance 010-2007. 21 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled 22 Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and 23 incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with 24 a green checkmark in this Master Plan have been adopted and approved as equivalent to the term 25 Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark 26 in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan. 27 Strategies and Action Items without a green checkmark next to them are not considered to be 28 consistent with the definitions of "Objective" and "Policy" and therefore do not serve as 29 equivalents. Adopted by Ordinance 011-2007. 30 31 Policy 105.1.2 32 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys Plans 33 and its land development regulations which ensure that future uses and development are compatible with 34 scenic preservation and maintenance of the character of the casual island village atmosphere of the 35 Florida Keys. 36 37 Policy 108.2.6 38 For any application received after the effective date of this policy, within the MIAI overlay, Monroe 39 County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses 40 shown in Column 42), through a Future Land Use Map, Text, overlay or LUD map amendment. 41 42 The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the 43 effective date of this policy and includes the permitted uses (Column 2), allocated density per acre 44 (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column 5), and 45 corresponding zoning category (Column 6) within each FLUM category located within the MIAI 46 boundary. Further the MIAI Land Use Table provides land uses located within the 65-69 DNL Noise 47 Zone 2 and NASKW's suggested land use compatibility within this noise zone. The table includes land 48 uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally 49 incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and 12 of 18 3317 I should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates 2 that additional land uses may be permitted based upon existing the provisions adopted within the 3 Comprehensive Plan. 4 .. .. Comprehensive Plan Future Land Use Map Designation categories Mi6tayry Installation Area of Intloenae located within the Military Insta11atIon Area of Influence (65-69 DNL Noise Zone 2)' . ;e 1 ,2 ...., ...., ,3 ,,,,,,,,, .,................................................ .............................................„5 „6 8 ,9 ,10 ,,, L......,11 .,.,.,.,.,.,.,.,.1 Uses Uses Not Corresponding Uses Allowed Generally FLUM Allocated Max Net Intensify Uses Allowed in Compatible & Uses Zoning with Incompatible Notes Category Density Density (FAR) MIAI should be Categories Restictions` (allowed with Prohibited exceptions).. Retail trade Household building Umts materials Single units: 1. Recreational hardware and detached Vehicle district farm equipment Outdoor sports Single rants Retail trade arenas,spectator semidetached 2. Suburban .shopping centers .sports Single ats Commercial Retail trade Recreati u onal attached row commercial zoning districts district food units activities Two its zorring where various types of Mixed Use automotive, trad,e (include golf side-by-side district commercial retail and office 0.10-0 45 3. courses, riding Two writs:one category may be permitted;employee (SC, UC, district marine craft, stables, above the other may Mixed housing and comm DR'1-6 du 2-18 du D MU) water rec.) Apartments Outdoor music identify Use/Commer craL apartments are also 5-15 10-25 Q,500 SF aircraft and Resorts and walk-up .shells, additional permitted; and treed use roorns/spaces roorns/spaces (RV) 4. Urban accessories group camps Apartment Amphitheaters uses, not development pattems 030-0 60 Commercial Retail trade Other cultural, elevator described varioitis types of residential (MI) district apparel entertaimnent Group quarters within the and accessories and non-residential uses may and recreation Residential FLUM 5. Destination Retail tture,rade be permitted Cultural Hotels category Resort district furnishin home,fur activities (& Mobile home equipment and churches) parks or courts Industries Maritime equipment Auditoriums, Transient strict Retail trade .concert halls lodgings district eating and '..Other drinking '......residential establiskunents Other retail trade '.. Nursing Homes 5 6 2007 AMICUS Study Table 6-2 notes: 7 *Uses Allowed with Restrictions.The land use and related structures are generally compatible. 8 Note 1 9 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 10 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 11 development options should be determined and an evaluation should be conducted locally prior to local approvals 12 indicating that a demonstrated community need for the residential use would not be met if development were 13 prohibited in these Zones. 14 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 15 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 16 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 17 incorporated in DNL 75-79. 18 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 19 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 20 Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 21 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 22 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning, design and 23 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 24 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 25 interior spaces. 26 27 Note 7 28 Land use compatible provided special sound reinforcement systems are installed. 29 Note 8 30 Residential buildings require a NLR of 25 31 32 Note 25,30 or 35 13 of 18 3318 I The numbers refer to Noise Level Reduction levels.Land Use and related structures generally compatible however, 2 measures to achieve NLR of 25,30 or 35 must be incorporated into design and construction of structures.However, 3 measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and 4 additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these 5 numbers. 6 7 **Uses Generally Incompatible(allowed with exceptions).The land use and related structures are generally incompatible. 8 Note 1 9 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 10 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 11 development options should be determined and an evaluation should be conducted locally prior to local approvals 12 indicating that a demonstrated community need for the residential use would not be met if development were 13 prohibited in these Zones. 14 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 15 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 16 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 17 incorporated in DNL 75-79. 18 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 19 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 20 Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 21 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 22 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning,design and 23 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 24 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 25 interior spaces. 26 e) NLR(Noise Level Reduction)Noise Level Reduction(outdoor to indoor)to be achieved through incorporation of 27 noise attenuation into the design and construction of the structure. 28 29 Policy 502.1.4 30 Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted 31 by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe 32 Harbor entrance channel from the system unit, FL 57. 33 34 The Stock Island/Key Haven Livable Communikeys Master Plan Strategy 1.1 35 Maintain existing commercial and industrial uses. 36 37 B. The Subject Amendment is Consistent with the Principles for Guiding Development in the 38 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes. 39 40 For the purpose(s)of reviewing consistency of the adopted plan or any amendments to that plan with the 41 Principles for Guiding Development and any amendments to the Principles, the Principles shall be 42 construed as a whole and no specific provision shall be construed or applied in isolation from the other 43 provisions. 44 45 (a) Strengthening local government capabilities for managing land use and development so that local 46 government is able to achieve these objectives without continuing the area of critical state 47 concern designation. 48 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 49 beds, wetlands, fish and wildlife, and their habitat. 14 of 18 3319 I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, 3 wildlife, and their habitat. 4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 5 development. 6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 7 Keys. 8 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, 9 and ensuring that development is compatible with the unique historic character of the Florida 10 Keys. 11 (g) Protecting the historical heritage of the Florida Keys. 12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 13 major public investments, including: 14 1. The Florida Keys Aqueduct and water supply facilities; 15 2. Sewage collection, treatment, and disposal facilities; 16 3. Solid waste treatment, collection, and disposal facilities; 17 4. Key West Naval Air Station and other military facilities; 18 5. Transportation facilities; 19 6. Federal parks, wildlife refuges, and marine sanctuaries; 20 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 21 8. City electric service and the Florida Keys Electric Co-op; and 22 9. Other utilities, as appropriate. 23 (i) Protecting and improving water quality by providing for the construction, operation, 24 maintenance, and replacement of stormwater management facilities; central sewage collection; 25 treatment and disposal facilities; and the installation and proper operation and maintenance of 26 onsite sewage treatment and disposal systems. 27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 28 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 29 403.086(10), as applicable, and by directing growth to areas served by central wastewater 30 treatment facilities through permit allocation systems. 31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 32 Keys. 33 (1) Making available adequate affordable housing for all sectors of the population of the Florida 34 Keys. 35 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 36 natural or manmade disaster and for a post disaster reconstruction plan. 37 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 38 maintaining the Florida Keys as a unique Florida resource. 39 40 Pursuant to Section 380.0552(7) Florida Statutes, the subject amendment is not inconsistent with the 41 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 42 43 C. The Subject Amendment is Consistent with the Part II of Chapter 163, Florida Statutes. 44 Specifically,it furthers: 45 46 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and 47 enhance present advantages; encourage the most appropriate use of land, water, and resources, 48 consistent with the public interest; overcome present handicaps; and deal effectively with future 49 problems that may result from the use and development of land within their jurisdictions. Through 15 of 18 3320 I the process of comprehensive planning, it is intended that units of local government can preserve, 2 promote, protect, and improve the public health, safety, comfort, good order, appearance, 3 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 4 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities, housing, 5 and other requirements and services; and conserve, develop, utilize, and protect natural resources 6 within their jurisdictions. 7 8 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 9 status set out in this act and that no public or private development shall be permitted except in 10 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in 11 conformity with this act. 12 13 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 14 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 15 development of the area that reflects community commitments to implement the plan and its 16 elements. These principles and strategies shall guide future decisions in a consistent manner and 17 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 18 of the comprehensive plan containing the principles and strategies, generally provided as goals, 19 objectives, and policies, shall describe how the local government's programs, activities, and land 20 development regulations will be initiated, modified, or continued to implement the comprehensive 21 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 22 regulations in the comprehensive plan but rather to require identification of those programs, 23 activities, and land development regulations that will be part of the strategy for implementing the 24 comprehensive plan and the principles that describe how the programs, activities, and land 25 development regulations will be carried out. The plan shall establish meaningful and predictable 26 standards for the use and development of land and provide meaningful guidelines for the content of 27 more detailed land development and use regulations. 28 29 163.3177(6), F.S.—In addition to the requirements of subsections (1)-(5), the comprehensive plan 30 shall include the following elements: 31 (a) A future land use plan element designating proposed future general distribution, location, and 32 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, 33 conservation, education,public facilities, and other categories of the public and private uses of land. 34 The approximate acreage and the general range of density or intensity of use shall be provided for 35 the gross land area included in each existing land use category. The element shall establish the long- 36 term end toward which land use programs and activities are ultimately directed. 37 3. The future land use plan element shall include criteria to be used to: 38 c. Encourage preservation of recreational and commercial working waterfronts for water- 39 dependent uses in coastal communities. 40 41 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 42 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be 43 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 44 development of lands and waters within an area. It is the intent of this act that the adoption and 45 enforcement by a governing body of regulations for the development of land or the adoption and 46 enforcementby a governing body of a land development code for an area shall be based on,be related 47 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 48 49 16 of 18 3321 I VI. PROCESS: 2 3 Amendments to the adopted Monroe County Comprehensive Plan may be proposed by the Board of 4 County Commissioners, the Planning Commission, the Director of Planning, or the owner or other 5 person having a contractual interest in property to be affected by a proposed amendment. The Director 6 of Planning shall review and process applications as they are received and pass them onto the 7 Development Review Committee and the Planning Commission. 8 9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 10 the application, the reports and recommendations of the Department of Planning & Environmental 11 Resources and the Development Review Committee and the testimony given at the public hearing. The 12 Planning Commission shall submit its recommendations and findings to the Board of County 13 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 14 Comprehensive Plan amendment, and considers the professional staff report, professional staff 15 recommendations,and the testimony given at the public hearing. The BOCC may or may not recommend 16 transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning 17 Agency, which then reviews the proposal and issues an ORC Report. Upon receipt of the ORC Report, 18 the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 19 amendment. 20 21 VII. PROFESSIONAL STAFF RECOMMENDATION: 22 23 Monroe County Planning and Environmental Resources Department professional staff recommends that 24 the Monroe County Board of County Commissioners approve the amendment including all (i.e., 25 incorporating all) of the above and foregoing professional staff-recommended edits to address the 26 comments in the ORC Report and inconsistencies with existing Comprehensive Plan Policies. 27 17 of 18 3322 I VIII. EXHIBITS: 2 1. BOCC Transmittal Resolution No. 435-2024 3 2. Florida Commerce Objections, Recommendations, and Comments Report 4 3. Draft Ordinance 5 4. 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