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HomeMy WebLinkAboutItem R7 R7 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: R7 2023-3501 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Approving an Amendment to Monroe County Land Development Code Section 118-15(5) ("Marina Siting Criteria") to Include Additional Language to Permit Marinas as an Allowed Use on Parcels That Are Both Within Unit 57 of the Coastal Barrier Resources System 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 Land Development Code Section 118-15 ("Marina Siting Criteria") to permit marinas as an allowed use on parcels within Unit 57 of the Coastal Barrier Resource System and the Safe Harbor Center 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 prpoerty identification number("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 System 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;" 3324 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 ("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 Land Development Code. DOCUMENTATION: LDC Text Amendment Professional Staff Report.pdf LDC Ordinance.pdf Florida Division of Corporations (Sunbiz) - JKYD, LLC.pdf FINANCIAL IMPACT: n/a 3325 2lw �NJ 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 Monroe County Land Development Code Section 118-15 to permit marinas as an allowed 20 use on parcels that are within both Unit 57 of the Coastal Barrier Resources System and 21 the 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 (the "Applicant"), requesting an amendment to Monroe 31 County Land Development Code ("LDC" or "Code") Section 118-15 to permit marinas as an allowed 32 use on parcels within Unit 57 of the Coastal Barrier Resources System ("CBRS") and the Safe Harbor 33 Center Overlay District. The Application was submitted on behalf of JKYD, LLC, to possibly allow for 34 the potential future development of a marina on a parcel on Shrimp Road, Stock Island, currently having 35 Monroe County Property Appraiser's Office property identification number ("Parcel ID No.") 36 00123720-000400. 37 38 The Applicant wrote the following representations in the application as the basis for its requested Land 39 Development Code amendment: 40 41 "The Property is located within the entrance to the Safe Harbor Port, one of the most importantports in 42 the Florida Keys. The Safe Harbor Port is a deep dredge port and provides safe and secure mooring 43 storage for vessel owners within the lower keys. The Property is surrounded by commercial marinas and 44 commercial businesses that make up the Safe Harbor Port. The amendment will allow the Property to 45 be developed with a marina use, which is in line with the community character and surrounding uses 46 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. 2024-245. lof15 3326 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 LDC Section 11 8-15(5)prohibits 3 the Property from being developed with a use that is most beneficial to the area and residents. The 4 amendment will permit the Property to be developed with marina uses, which is in line with the 5 community character, in the best interest of the public and is in line with the County's view of the 6 Property's inclusion in FL-57." The Applicant's full rationalization of its requested Land Development 7 Code amendment is included in the file for the application.4 8 9 Concurrent Applications: Comprehensive Plan Text Amendment 10 11 Monroe County Planning and Environmental Resources Department File No. 2023-244: A request to 12 amend Monroe County Comprehensive Plan Policy 212.3.2 to permit marinas as an allowed use on 13 parcels within Unit 57 of the Coastal Barrier Resources System and the Safe Harbor Center Overlay 14 District. 15 16 IL BACKGROUND INFORMATION: 17 18 Site Information: 19 Location: Mile Marker(MM) 5, Stock Island. 20 Addresses: 7281 Shrimp Road. 21 Description: More particularly described at Book 2603, Page 367, of Document Number 1911414, of 22 the Official Records of Monroe County, Florida. 23 Parcel Identification Number: 00123720-000400 24 Owner/Applicant: JKYD, LLC, a Florida-registered limited liability company. 25 Size of Property: 4.19 acres (182,516 square feet ("S.F.")) of upland area per Existing Conditions 26 Report("E.C.R.")by Terramar Environmental Services, Inc., signed-and-dated April 5, 2024. 27 Future Land Use Map ("FLUM") Designation: Mixed Use/Commercial ("MU"). 28 Land Use District("LUD"): Maritime Industrial ("MP'). 29 Military Installation Area of Impact ("MIAI"): Yes. 30 Tier Designation: HI. 31 Flood Zone: AE9. 32 CBRS: Yes. 33 Existing Uses: Presently vacant but has a history of outdoor storage. 34 Existing Vegetation/Habitat: Apparent exotics. 35 Community Character of Immediate Vicinity: Marina, Transient, Public Facilities, Residential. 4 Id. 2of15 3327 1 r u r � � 2 Property Outlined in Orange Above (Image Dated 2024) 3 Historic Aerial Imagery of the Property: 4 r r �irrr f i Subject Property (Image Dated 1959) Subject Property (Image Dated 1968) Subject Property (Image Dated 1972) Subject Property (Image Dated 1985) 3of15 3328 I Concept Meeting 2 In accordance with LDC Sections 102-158(d)(3) and 102-159(b)(1), a Concept Meeting for the 3 Comprehensive Plan and Land Development Code text amendments was held on May 22, 2024, and as 4 part of this concept meeting, Monroe County Planning and Environmental Resources Department 5 professional staff determined that the requested text amendment will not have a county-wide impact. 6 7 Community Meeting and Public Participation 8 In accordance with LDC Section 102-159(b)(3), a community meeting is not required for Land 9 Development Code text amendments that do not have a county-wide impact. 10 11 Development Review Committee (DRC) Meeting and Public Input 12 On July 22, 2024, the DRC considered the proposed amendment and provided for public input. 13 14 Planning Commission Meeting and Public Input 15 On August 28, 2024, the Planning Commission considered the proposed amendment and provided for 16 public input. There were no public comments. 17 18 Previous Relevant BOCC Action 19 On September 10, 2012, the Monroe County Board of County Commissioners ("BOCC", "Board", 20 "Monroe County", or the "County") adopted BOCC Resolution No. 221-2012 to support legislation to 21 exclude Harbor Enterprises, Inc., and Robbie's Safe Harbor Marine Enterprises, Inc., from the Coastal 22 Barrier Resources System;the Resolution specified that Parcel ID Nos. 00123660-00000 and 00123720- 23 000400 (the latter being the subject property) "were fully developed, as that term is defined in the 24 Coastal Barrier Resource Act, 16 U.S. C.A. §§3501, et seq., as an operational marina and auto salvage 25 yard, respecfully,prior to the effective date ofthe Coastal Barrier Resources Act("CBRA'), on October 26 18, 1982, and their inclusion in the System on November 16, 1990;" 27 28 On December 11, 2013, BOCC Ordinance No. 045-2013 adopted a Future Land Use Map ("FLUM") 29 Amendment, which changed the FLUM designation of the subject property from Industrial ("I") to 30 Mixed Use/Commercial ("MC,,).5 That became effective February 6, 2014. 31 32 III. APPLICANT'S PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT: 33 Applicant text is shown as follows: Additions are set forth below in bl1je uvide Ririe and deletions are set 34 forth in 35 36 ***** 37 Sec. 118-15. Marina Siting Criteria 38 (a) Siting criteria. The development of new marina facilities shall be located in areas where 39 maximum physical advantages exist and where no unreasonable or excessive impacts are 40 foreseen on marine resources. Proposed new marina facilities shall meet the following 41 requirements: 42 (1) Benthic vegetation and hardbottom communities. Siting of marinas in areas of 43 seagrass or hardbottom (including hard and soft corals) should be avoided. Boat 44 mooring sites (slips or docks) shall not be located over a seagrass bed community 45 or hardbottom community regardless of water depth. No impacts to seagrass beds s Monroe County Planning and Environmental Resources Department File No.2012-075. 4 of 15 3329 I or hardbottom communities should result from the construction or use of new 2 marina development. 3 (2) Adequacy of circulation and tidal flushing. The proposed marina site shall exhibit 4 adequate circulation and tidal flushing. The waterway upon which the marina is 5 proposed to be sited shall meet or exceed state water quality standards and must 6 currently have "Good" water quality as indicated in the County's most current 7 canal inventory and assessment data (as applicable). New marina development 8 shall not adversely impact the quality of water during construction or use. 9 (3) Adequate water depth and access. There shall be a minimum of four (4) feet of 10 water depth at MLW at the marina site(including the mooring slips,turning basin, 11 and access channels), and the water depth shall be continuous to open water over 12 a channel width of twenty (20) feet. Water depth shall be adequate for the 13 proposed vessel use such that there be a minimum of one (1) foot clearance 14 between the deepest draft of the vessel and the bottom at MLW. Greater water 15 depths shall be required for those facilities proposed for accommodating vessels 16 having greater than a three(3)foot draft. Sites shall not require dredging or filling 17 to provide access. 18 (4) Minimal shoreline modification. Marinas shall not be sited adjacent to unaltered 19 shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal 20 modification to the shoreline shall be permitted per County Land Development 21 Code Section 118-1, 118-12(m), and(o). 22 (`) Quality of upland areas and degree of alteration necessary. Marinas shall not be 23 sited on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina 24 development shall not adversely impact the upland area of, or adjacent to, a 25 proposed marina site. Additionally, marinas shall not be permitted on offshore 26 islands or on units of the Coastal Barrier Resources System (CBRS). 27 ��4(:m:vldl ,d<bl�l �g a( lll�l _ `, �a �� ii�a_jarias ,hall b ��nljtte �_ori ��a (.,, (s, 28 wifl �!llU lit `l lid d�ie_ C_ll<b�,_al Barrier 1�es tn-c �,__ y,d�_lll. (� � (� <b Ali ����<bded 29 l%liifld�ri fli _ <bd __�iarbol C--��lllll�uu�rll_ay_�_� fall ��v�l,�<b�_��l ,dl��_d 30 (6) Propeller dredging problem areas. Siting of marinas in areas of seagrass propeller 31 scarring should be avoided. Marinas shall not be located adjacent to areas of 32 severe seagrass scarring,based on the most current data available from the Florida 33 Fish and Wildlife Research Institute. 34 (7) Impact of boats on Florida manatee, American crocodile, and sea turtles. Marinas 35 shall be sited so as to prevent impacts to the Florida manatee,American crocodile, 36 and marine turtles and protect their habitat by avoiding areas of known American 37 crocodile range, areas with high watercraft Florida manatee mortality, or areas 38 that include a beach known to be used for marine turtle nesting. Site 39 characteristics can be assessed using current data from the Florida Fish and 40 Wildlife Conservation Commission. 41 (8) Other significant resources. No adverse impact shall be permitted on 42 archaeological or historic resources/sites. 43 (b) Applicants for new marina development shall be responsible for providing existing 44 physical and environmental site data specific to the proposed site to demonstrate the 45 marina siting criteria described above are met. 46 Applicants for development approval of marinas with three (3) or more wet slips shall 47 meet the following: 48 (1) Monroe County's marina siting criteria(Section 118-15(a)); 49 (2) Monroe County's dock siting criteria(Section 118-12(m)); and 5of15 3330 1 (3) Criteria of Rules 62-312 and 18-21.0041, F.A.C. and § 163.3178(2)(g), F.S. 2 (c) Applicants for development approval of docking facilities for fewer than three (3) wet 3 slips shall meet the following criteria: 4 (1) Monroe County's dock siting criteria (Section 118-12(m)); and (2) Criteria of 5 Rules 62-312 and 18-21.0041, F.A.C. 6 IV. ANALYSIS OF PROPOSED AMENDMENT AND PROFESSIONAL STAFF- 7 RECOMMENDED EDITS: 8 9 The Land Development Code amendment is proposed to allow marinas within Unit 57 of the Coastal 10 Barrier Resources System. The Application was submitted on behalf of JKYD,LLC, a Florida-registered 11 limited liability company, to possibly allow for the potential future development of a marina on a parcel 12 on Shrimp Road, Stock Island, currently having Monroe County Property Appraiser's Office Parcel ID 13 No. 00123720-000400. The aerial below shows Unit 57 of the Coastal Barrier Resource System, as 14 delineated by United States Fish and Wildlife Service. 15 16 The Coastal Barrier Resources Act ("CBRA") of 1982 created the Coastal Barrier Resources System 17 ("CBRS"), a set of coastal barrier units along the U.S. coasts and territories. The Units are generally 18 comprised of private lands that were relatively undeveloped at the time of their designation within the 19 CBRS. The CBRA aims to minimize the loss of human life, Federal expenditures, and the damage to 20 natural resources associated with coastal barriers. Most new Federal expenditures and financial 21 assistance, including Federal flood insurance, are prohibited within the CBRS. The U.S. Fish and 22 Wildlife Service ("FWS"), maintains the official maps of the CBRS. The CBRA does not prevent 23 development, and it imposes no restrictions on development conducted with non-Federal funds. Further, 24 the amendment will not negatively impact Monroe County's Community Rating System("CRS")score. 25 26 Unit 57 covers the southernmost portion of Stock Island and is largely comprised of submerged lands 27 edged by beach berm but also a developed area which includes Robbie's Safe Harbor Marina and a 28 portion of the subject property north of Robbie's along Shrimp Road. Aerial photographs indicate that 29 the subject property is filled bay bottom and has a history of use for vehicle storage. The 2023 habitat 30 map and the existing conditions report ("E.C.R.") received from the Applicant indicate the subject 31 property is apparently characterized by exotic vegetation. 32 33 The amendment would potentially enable the Applicant to possibly develop the property in a manner 34 consistent with the current future land use map ("FLUM") and land use district ("LUD") designations. 35 The use contained in the subject text amendment for the property is consistent with the use of marina, 36 transient,public facilities, residential, on the surrounding properties. 6of15 3331 I The subject property is located within the Military Installation Area of Impact("MIAI"). 2 3 The amendment does not increase density or intensity uses. The amendment, if adopted, would allow 4 for the potential/possible development of a marina on the subject property. Marinas are an allowable use 5 within the MIAI Land Use Table (Comprehensive Plan Policy 108.2.6). C�aastal Barrier Resouulrces System CBRS w ti . MI lY V I� IIIIII pig IIII '�. I, a �II�II IVuu � II ViVI J Vrr "III I ,twall i �y� N I r'I o t r 1 VS Fi,M1a tlWldllfCS C¢,GAdSrdl B2rfer Res-rCEi;HCt FrAgralrl,ESrI,HERE,Gdrmiln,ICt Op .fr0ot1,1 p t b l rs E bWEWt:ZG II IOJ� 3i tM Pb t b to __tl the�G 15 r�aammunify 50 YCB.�IrM Y�Ed�'llH5rd G tlap111C�a, tlCb 615 WSk"Y C nelty May 28,2024 Th p far general rarane only Tn C t I B r R m sy t (CBR5)boundaries a p eted thisp p �0y the—holllnp CBRS,...d.,es nhlch are sh-1 on the afl 'al naps,ecce bl at htlos''N INis ryov(hb arylcolleot'ionslofl cal coastal barri_r_aoces-.sled.mapa All CBRS m.I.t.d data should W used io actor—.with the layar meladaia found on the CBRS Mappar .,� CBRS BuR®r Zone wokilo. CBRS Unit. The CBRS RoIR Z rr ,re. the nvoed,.oly adi--t kr the CBRS br andary wh araad- dto oa1-1 theS—ce fcr an LJ (7ihzrwlsa Protecfied Ala oti c'al dalerrn f (hit !lr t relu; /c�oaetal-lea ems.4, mrdewl tlatkm)as to vet eiherihe pr'aµeriq or ryes -orn protect ste's located'n or out oftheCB'RS- System Unil CBRS Units normal ..lend seaward out to ih..20-or S0-foot.bath t 1 (depending the location ofihe urwtl The true seaorard ty yme ric con our(.pen gam }. 71he pegewaa proaaaea by the C—Mapper 6 7 8 9 10 11 12 13 [The remainder of this page has been intentionally left blank.] 14 15 16 17 7of15 3332 2 Monroe County Planninz and Environmental Resources Department Staff-Recommended Edits: 3 As previously stated, there is an application for a Monroe County Comprehensive Plan text amendment 4 which is concurrent to this instant application to requesting a text amendment of the Monroe County 5 Land Development Code. In response to the comments received from the Florida Department of 6 Commerce ("Florida Commerce") and Florida Fish and Wildlife Conservation Commission ("FWC"), 7 Monroe County Planning and Environmental Resources Department professional staff are 8 recommending edits to the Applicant's proposed amendment to address those comments and in an effort 10 to provide for internal consistency of the Comprehensive Plan and Code. Those edits are detailed below: 11 The Applicant's proposed additions are set forth below in blije i rid IJ-iii�� and deletions are blue 12 � � �e�.�;Ia� � �. Professional staff edits are shown as follows: additions are in recl micicrHtic and deletions 13 are FeEi.4Ffi 9i�et4OH .I. 14 15 Sec. 118-15. Marina Siting Criteria 16 (d) Siting criteria. The development of new marina facilities shall be located in areas where 17 maximum physical advantages exist and where no unreasonable or excessive impacts are 18 foreseen on marine resources. Proposed new marina facilities shall meet the following 19 requirements: 20 (1) Benthic vegetation and hardbottom communities. Siting of marinas in areas of 21 seagrass or hardbottom (including hard and soft corals) should be avoided. Boat 22 mooring sites (slips or docks) shall not be located over a seagrass bed community 23 or hardbottom community regardless of water depth. No impacts to seagrass beds 24 or hardbottom communities should result from the construction or use of new 25 marina development. 26 (2) Adequacy of circulation and tidal flushing. The proposed marina site shall exhibit 27 adequate circulation and tidal flushing. The waterway upon which the marina is 28 proposed to be sited shall meet or exceed state water quality standards and must 29 currently have "Good" water quality as indicated in the County's most current 30 canal inventory and assessment data (as applicable). New marina development 31 shall not adversely impact the quality of water during construction or use. 32 (3) Adequate water depth and access. There shall be a minimum of four (4) feet of 33 water depth at MLW at the marina site(including the mooring slips,turning basin, 34 and access channels), and the water depth shall be continuous to open water over 35 a channel width of twenty (20) feet. Water depth shall be adequate for the 36 proposed vessel use such that there be a minimum of one (1) foot clearance 37 between the deepest draft of the vessel and the bottom at MLW. Greater water 38 depths shall be required for those facilities proposed for accommodating vessels 39 having greater than a three(3)foot draft. Sites shall not require dredging or filling 40 to provide access. 41 (4) Minimal shoreline modification. Marinas shall not be sited adjacent to unaltered 42 shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal 43 modification to the shoreline shall be permitted per County Land Development 44 Code Section 118-1, 118-12(m), and(o). 45 (5) Quality of upland areas and degree of alteration necessary. Marinas shall not be 46 sited on lands designated as Tier I or Tier III-A, if clearing is proposed. Marina 47 development shall not adversely impact the upland area of, or adjacent to, a 48 proposed marina site. Additionally, marinas shall not be permitted on offshore 49 islands or on units of the Coastal Barrier Resources System (CBRS). 50 ��4(:m it i�,ma<b �i)i �g a i _ '���cee��u��� leee flu w� �mi jai �a ��fl floHcy 10 0112 W, the 8of15 3333 I Motiroe Comity CoaiV d ed-orl S 11 2 fliit ire Y -1 111C1 3 located wifldrl flie Safe 1-farbor Coninitirii-� Ceriter Overlay -- - - - - - - -11y------------------------- --QJstr-J-Ct,- 4 (6) Propeller dredging problem areas. Siting of marinas in areas of seagrass propeller 5 scarring should be avoided. Marinas shall not be located adjacent to areas of 6 severe seagrass scarring,based on the most current data available from the Florida 7 Fish and Wildlife Research Institute. 8 (7) Impact of boats on Florida manatee, American crocodile, and sea turtles. Marinas 9 shall be sited so as to prevent impacts to the Florida manatee,American crocodile, 10 and marine turtles and protect their habitat by avoiding areas of known American 11 crocodile range, areas with high watercraft Florida manatee mortality, or areas 12 that include a beach known to be used for marine turtle nesting. Site 13 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 16 archaeological or historic resources/sites. 17 (e) Applicants for new marina development shall be responsible for providing existing 18 physical and environmental site data specific to the proposed site to demonstrate the 19 marina siting criteria described above are met. 20 Applicants for development approval of marinas with three (3) or more wet slips shall 21 meet the following: 22 (1) Monroe County's marina siting criteria (Section 118-15(a)); 23 (2) Monroe County's dock siting criteria (Section 118-12(m)); and 24 (3) Criteria of Rules 62-312 and 18-21.0041, F.A.C. and § 163.3178(2)(g), F.S. 25 (f) Applicants for development approval of docking facilities for fewer than three (3) wet 26 slips shall meet the following criteria: 27 Monroe County's dock siting criteria (Section 118-12(m)); and (2) Criteria of Rules 62- 28 312 and 18-21.0041, F.A.C. 29 30 V. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT IN THE 31 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN AND MONROE COUNTY 32 COMPREHENSIVE PLAN: 33 34 The State of Florida has by administrative rule and statutorily designated Monroe County the State's 35 only countywide Area of Critical State Concern ("ACSC"). Fla. Admin. Code R. 28-29.002; Florida 36 Statutes § 380.0552(3). 37 38 The State by administrative rule requires that all "development" in Monroe County "shall" be 39 consistent with the Comprehensive Plan. Fla. Admin. Code R. 28-20.019(5) (emphasis added). 40 41 The Monroe County Comprehensive Plan requires that all "development" must be consistent with the 42 State's statutory Principles for Guiding Development in the Florida Keys Area of Critical State Concern. 43 Introduction, Monroe County Comprehensive Plan ("[A]II planning and development within the 44 Florida Keys must be consistent with Sections 380.05 and 380.0552(7),F.S.,Principles for Guiding 45 Development.") (emphasis added). 46 47 Therefore, all "development" in Monroe County "must" be consistent with the State's statutorily 48 adopted Principles for Guiding Development in the Florida Keys Area of Critical State Concern. 9 of 15 3334 I A. The Subject Amendment is Consistent with the Goals, Objectives and Policies of the Monroe 2 County 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 The Stock Island/Key Haven Livable Communikeys Master Plan 32 Strategy 1.1 33 Maintain existing commercial and industrial uses. 34 35 Policy 105.1.2 36 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys Plans 37 and its land development regulations which ensure that future uses and development are compatible with 38 scenic preservation and maintenance of the character of the casual island village atmosphere of the 39 Florida Keys. 40 41 Policy 108.2.6 42 For any application received after the effective date of this policy, within the MIAI overlay, Monroe 43 County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses 44 shown in Column 42), through a Future Land Use Map, Text, overlay or LUD map amendment. 45 46 The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the 47 effective date of this policy and includes the permitted uses (Column 2), allocated density per acre 48 (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column 5), and 49 corresponding zoning category (Column 6) within each FLUM category located within the MIAI 10 of 15 3335 I boundary. Further the MIAI Land Use Table provides land uses located within the 65-69 DNL Noise 2 Zone 2 and NASKW's suggested land use compatibility within this noise zone. The table includes land 3 uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally 4 incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and 5 should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates 6 that additional land uses may be permitted based upon existing the provisions adopted within the 7 Comprehensive Plan. 8 Comprehensive Plan Future Land Use Map Designation categories M1111m'y Installation Area of Influence located within the Military Installation Area of Influence (,65-69 DNL Noise Zone 2)" , ,,,,,,,, ,,,,,,,,, ,,,,,,,,, ,,,,,,,, ,,,,,, „ . 1 ...........................................................2 .., 3 ,,,,,,,,, �,,,,,,,,,,,,,,,,,,,,,,4,,,,,,,,,,,,,,,,,,,,,,,,L,,,,,,,,,,,,,,,,5,,,,,,,,,,,,,,,,,,,L,,,,,,,,,,,,,,,,,,,,,,,,,,6,,,,,,,,,,,,,,,,,,,,,,, 7 8 9 10 11.,.,.,.,.,.,.,.,.1 Uses Uses Not Corresponding Uses Allowed Generally FLUM Allocated Max Nef Intensify Uses Allowed in Compatible& Category Uses Density Density (FAR) Zoning MIAI with Incompatible should be Notes Categories Restictions` (allowed with prohibited exceptions).. '.. Household Retail trade Units building Single units materials, detached 1.Recreational hardware and Outdoor sports Single units Vehicle district farm equipment semidetached Retail trade arenas, Single units: 2.Suburban shopping centers spectator sports attached row Commercial Retail trade RecreationalTwo writs commercial zorring districts activities Zoning where various types of district it (include golf side nit sro district Retail Two writs:one commercial fitted and office (SC, c' 3.Mixed Use automotive, courses,riding above the category may be permitted;employee (SC,UC, stables, may district marine craft, other housing and commerciaL 1-6 du 2-18 du DR,MU) water rec.) Outdoor music identify Mixed aircraft and Apartments Use/Commer craL apartments are also 5-15 1 s/sp Q,500 SF 4.Urban accessories Resorts and walk up shells, additional permitted;and mixed use roorns/spaces roorns/spaces (RV) group camps Amphitheaters uses,not development patterns 0.30-0 60 Commercial Retail trade Other cultural, Apartment described district apparel elevator various types ofresidential (MI) and accessories entertaimnent Group quarters within the and non-residential uses 5.Destination Retail trade and recreation Residential FLUM may be permitted Cultural category Resort district fuririture,home, activities(& Hotels furirishings and churches) Mobile home 6.Maritime equipment parks or courts Industries Retail trade Auditor turns, concert halls Transient district eating and lodgings drinking Other establislunents residential Other retail trade Nursing Homes 10 2007 AMICUS Study Table 6-2 notes: 11 *Uses Allowed with Restrictions.The land use and related structures are generally compatible. 12 Note 1 13 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 14 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 15 development options should be determined and an evaluation should be conducted locally prior to local approvals 16 indicating that a demonstrated community need for the residential use would not be met if development were 17 prohibited in these Zones. 18 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 19 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 20 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 21 incorporated in DNL 75-79. 22 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 23 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 24 Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 25 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 26 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning,design and 27 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 28 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 29 interior spaces. 30 31 Note 7 11 of 15 3336 I Land use compatible provided special sound reinforcement systems are installed. 2 Note 8 3 Residential buildings require a NLR of 25 4 5 Note 25,30 or 35 6 The numbers refer to Noise Level Reduction levels.Land Use and related structures generally compatible however, 7 measures to achieve NLR of 25,30 or 35 must be incorporated into design and construction of structures.However, 8 measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and 9 additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these 10 numbers. 11 12 **Uses Generally Incompatible(allowed with exceptions).The land use and related structures are generally incompatible. 13 Note 1 14 a) Although local conditions regarding the need for housing may require residential use in these Zones,residential use 15 is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable alternative 16 development options should be determined and an evaluation should be conducted locally prior to local approvals 17 indicating that a demonstrated community need for the residential use would not be met if development were 18 prohibited in these Zones. 19 b) Where the community determines that these uses must be allowed,measures to achieve and outdoor to indoor Noise 20 Level Reduction(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated 21 into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be 22 incorporated in DNL 75-79. 23 c) Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirements are 24 often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded 25 Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional 26 consideration should be given to modifying NLR levels based on peak noise levels or vibrations. 27 d) NLR criteria will not eliminate outdoor noise problems. However,building location and site planning,design and 28 use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. 29 Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect 30 interior spaces. 31 e) NLR(Noise Level Reduction)Noise Level Reduction(outdoor to indoor)to be achieved through incorporation of 32 noise attenuation into the design and construction of the structure. 33 34 Policy 502.1.4 35 Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted 36 by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe 37 Harbor entrance channel from the system unit, FL 57. 38 39 B. The Subject Amendment is Consistent with the Principles for Guiding Development in the 40 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes. 41 42 For the purpose(s) of reviewing consistency of the adopted Plan or any amendments to that Plan with 43 the Principles for Guiding Development and any amendments to the Principles, the Principles shall be 44 construed as a whole and no specific provision shall be construed or applied in isolation from the other 45 provisions. 46 47 (a) Strengthening local government capabilities for managing land use and development so that local 48 government is able to achieve these objectives without continuing the area of critical state 49 concern designation. 50 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 51 beds, wetlands, fish and wildlife, and their habitat. 12 of 15 3337 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 proposed 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 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 13 of 15 3338 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 enforcement by 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 14 of 15 3339 I VI. PROCESS: 2 3 Amendments to the Code may be proposed by the Board of County Commissioners, the Planning 4 Commission, the Director of Planning, or the owner or other person having a contractual interest in 5 property to be affected by a proposed amendment. The Director of Planning shall review and process 6 applications as they are received and pass them onto the Development Review Committee and the 7 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 adoption of the proposed 14 amendment, and considers the professional staff report, professional staff recommendations, Planning 15 Commission recommendation and the testimony given at the public hearing. The BOCC may (or may 16 not) adopt the proposed amendment based on one or more of the factors established in LDC Section 17 102-158(d)(7). 18 19 VIL PROFESSIONAL STAFF RECOMMENDATION: 20 21 Monroe County Planning and Environmental Resources Department professional staff recommend that 22 the Monroe County Board of County Commissioners approve the amendment including all (i.e., 23 incorporating all) of the above and foregoing professional staff-recommended edits to this amendment 24 of the Land Development Code. 15 of 15 3340 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 MONROE 12 COUNTY LAND DEVELOPMENT CODE SECTION 118-15(5), 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 LAND DEVELOPMENT CODE; PROVIDING 23 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 45 46 1 of 4 3341 I WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and 3 considered the proposed amendment at a regularly scheduled meeting held on July 22, 2024; and 4 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or 5 "PC") held a public hearing on the 28th day of August 2024, for review and recommendation on 6 the proposed Land Development Code ("LDC" or"Code")text amendment; and 8 WHEREAS, based upon the information and documentation submitted, the Planning 10 Commission made the following findings of fact and conclusions of law: 11 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 12 Monroe County Year 2030 Comprehensive Plan; and 13 2. The proposed amendment is consistent with the Principles for Guiding Development 14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 15 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; 16 and 17 18 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. P17- 19 24 recommending Monroe County Board of County Commissioners ("BOCC","Board","Monroe 20 County", or the "County") approval with changes as discussed during the hearing of the proposed 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.,i C.F.M.,' 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 Land Development Code is hereby amended as 440 follows (Deletions are shown st+i e t4-etig,; additions are shown underlined): 42 ***** 43 44 45 Sec. 118-15. Marina Siting Criteria 46 (a) Siting criteria. The development of new marina facilities shall be located in areas 47 where maximum physical advantages exist and where no unreasonable or excessive American Institute of Certified Planners(A.LC.P.)Certification. Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2 of 4 3342 I impacts are foreseen on marine resources. Proposed new marina facilities shall 2 meet the following requirements: 3 4 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 and Policy preceding sentence and Policy 102.7.2 of the Monroe County 12 Comprehensive Plan,marinas may be permitted on parcels that are both within Unit 13 57 of the Coastal Barrier Resources System (CBRS) and located within the Safe 14 Harbor Community Center Overlay District. 15 16 Section 4. As provided by Florida Statutes § 125.022(6),the issuance of a development permit 17 or development order by a county does not in any way create any rights on the part 18 of the applicant to obtain a permit from a state or federal agency and does not create 19 any liability on the part of the county for issuance of the permit if the applicant fails 20 to obtain requisite approvals or fulfill the obligations imposed by a state or federal 21 agency or undertakes actions that result in a violation of state or federal law. 22 23 Section 5. As provided by Florida Statutes § 125.022(6), all other applicable state or federal 24 permits must be obtained before commencement of development. 25 26 Section 6. The Monroe County BOCC hereby ordains that the interpretation of this ordinance 27 and all provisions of the Monroe County Comprehensive Plan, Florida Building 28 Code, Florida Statutes, floodplain management regulations, and Monroe County 29 Codes whose interpretation arises out of, relates to, or is interpreted in connection 30 with this ordinance shall be liberally construed and enforced in favor of the Monroe 31 County BOCC, and such interpretation shall be entitled to great weight in 32 adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. 33 34 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 35 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 36 or unenforceable in or by any administrative hearing officer or court of competent 37 jurisdiction, the invalidity or unenforceability of such provision, or any part or 38 portion thereof, shall neither limit nor impair the operation, enforceability, or 39 validity of any other provision of this Ordinance, or any remaining part(s) and/or 40 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 41 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 42 43 Section 8. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this 44 Ordinance are hereby repealed to the extent of said conflict. The repeal of an 45 ordinance herein shall not repeal the repealing clause of such ordinance or revive 46 any ordinance which has been repealed thereby. 3 of 4 3343 I Section 9. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 2 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 3 4 Section 10. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 5 Secretary of the State of Florida but shall not become effective until a notice is 6 issued by the State Land Planning Agency or Administration Commission finding 7 the amendment in compliance with Chapter 163, Florida Statutes, and after any 8 applicable challenges have been resolved. 9 10 Section 11. Inclusion in the Land Development Code. The text amendment shall be 11 incorporated in the Monroe County Land Development Code. The numbering of 12 the foregoing amendment may be renumbered to conform to the numbering in the 13 Monroe County Land Development Code. 14 15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 16 Florida, at a regular meeting held on the 151h day of January, 2025. 17 18 Mayor James K. Scholl, District 3 19 Mayor Pro Tem Michelle Lincoln, District 2 20 Commissioner Craig Cates, District 1 21 Commissioner David Rice, District 4 22 Commissioner Holly Merrill Raschein, District 5 23 24 25 26 BOARD OF COUNTY COMMISSIONERS 27 OF MONROE COUNTY, FLORIDA 28 29 30 By: 31 Mayor James K. Scholl 32 ONAOF,COUNTY A°T'T k N Y 33 34 (SEAL) : �ziz7iza 35 36 37 ATTEST: KEVIN MADOK, CLERK 38 39 40 41 AS DEPUTY CLERK 4of4 3344 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 3345 Title MGR BERNSTEIN, JORDAN M 6199 Finsbury Court PALM BEACH GARDENS, FL 33428 Annual Reports Report Year Filed Date 2022 04/10/2022 2023 04/10/2023 2024 04/08/2024 Document Images 04/08/2024--ANNUAL IFwElPOIIR11 Vow uilma go uirn IPIDIF foinrna................ 04/10/2023--ANNUAL RIEPOIRIF Vow uimmago iiirn IPIDIF foinrna� ................ 04/10/2022--ANNUAL.IRIEPOIRIF Vim(uimma go uirn IPIDIF foinrna� ................ 03/02/2021 ANNUAL REPOIR 11 Vow imago in IPIDIF foinrnaD 10/08/2020 RIBINSTATEIMENIF Vow iiimma go in IPIDIF foinrna� ................ 02/07/2019--ANNUAL.IRIEPOIRT Vim(uimma go uirn IPIDIF foinrna� ................ 01/25/2018—AININUAIL REPOIR11 Vow imago in IPIDIF foinrnaD 02/13/2017--ANNUAL IRIEIPOIRIF Vow iiimma go in IPIDIF foinrna� ................ 04/18/2016--ANNUAL.IRIEPOIRT Vim(uimma go uirn IPIDIF foinrna� ................ 0110712015—AININUAIL REPOIR11 Vow imago in IPIDIF foinrnaD 0 1/09/2014--ANNUAL IRIEIPOIRIF Vow iiimma go in IPIDIF foinrna� ................ 04/11/20 13--ANNUAL IRIEPOIRIF Vim(uimma go uirn IPIDIF foinrna� ................ 12/04/2012--IFllmair da Limilod Lialbilifty Vow iiimmago in IPIDIF foinrna� 3346 jj/V �jl / 7 J pl / � rrOf 1 / //✓ 'ii, / I 1 ! � i li ' i► U� Al JViY I N�,�li n, �y r' w wJN, gm, J/; y"1 �/r/ii'un r 41, r/ /yi r of, � IIf f � f Ic Aff All ��i/J// %/��%��/ err :���r✓�lr ���' /��il/ U/U lGrll U01�%or�rJ1UW�pf1 dl�l��/r a »mmrrlra/ifi rma, Cd >;a�S4fi�10C�Y��lUr�11(1�111111r1I1�i�1y117IJIrI11U11111�IN/rllrl r /,M, �J 0 ,I 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 C) ct� O •�� OU p O U +� U � u � 61 N� •� u � cn c� o ) o � un UU � a 0 � � .emu ct , � o 4-J o � � w u blJa� k7�r rt 4-1 uuv bA� j v u 05 0 V r-, Lr) —..I c� 7-4 ao M � 14-4 O p o � O U .� a, p ctct o c� N i 'l o o O c o � � v a) �E v � +- a, �i C) +� V r �� N c 740 CIO j v v •� 4.j Q 4) 46 "1 10-C7 "I., -:1 1+01, 0 oi V, I 1� -1 6 V �� '2 x, 45 ol e-) c" c" 71 '7 C, C'3' DI C4 CL j! 0 41, U 2 z 44 40 14 -CI Q 10 Ob 7v 7-� 'l IX _ �D. -5 cl Sr 'LE, F. 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