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Resolution 138-20171 2 {Q g 3 4 5 6 : 7 8 MONROE COUNTY, FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 11 RESOLUTION NO. 138 - 2017 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS TRANSMITTING TO THE 14 STATE LAND PLANNING AGENCY AN ORDINANCE BY 15 THE MONROE COUNTY BOARD OF COUNTY 16 COMMISSIONERS AMENDING THE MONROE COUNTY 17 FUTURE LAND USE MAP FROM RESIDENTIAL HIGH (RH) 18 TO MIXED USE /COMMERCIAL (MC), FOR PROPERTY 19 LOCATED AT 5713 FIRST AVENUE, SOUTH STOCK 20 ISLAND, MILE MARKER 5, LEGALLY DESCRIBED AS 21 BLOCK 34, LOTS 11, 12, 13, 14, AND 15, MCDONALD'S 22 PLAT OF STOCK ISLAND (PLAT BOOK 1, PAGE 55), STOCK 23 ISLAND, MONROE COUNTY, FLORIDA, HAVING REAL 24 ESTATE #00124700.000000, AS PROPOSED BY STANDARD 25 MARINE SUPPLY CORP; PROVIDING FOR SEVERABILITY; 26 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 27 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 28 PLANNING AGENCY AND THE SECRETARY OF STATE; 29 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 30 COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE 31 FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE 32 DATE. 33 34 35 WHEREAS, the Monroe County Board of County Commissioners conducted a public 36 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 37 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 38 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 39 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 40 Year 2030 Comprehensive Plan Future Land Use Map as described above; and 41 42 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 43 of County Commissioners support the requested Future Land Use Map amendment; 44 45 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY, FLORIDA: Resolution No. 138 -2017 Page 1 of 2 47 48 Section 1. The Board of County Commissioners does hereby adopt the recommendation of 49 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 50 for adoption of the proposed Future Land Use Map amendment. 51 52 Section 2. The Board of County Commissioners does hereby transmit the proposed 53 amendment to the State Land Planning Agency for review and comment in 54 accordance with the State Coordinated Review process pursuant to Section 55 163.3184(4), Florida Statutes. 56 57 Section 3 . The Monroe County staff is given authority to prepare and submit the required 58 transmittal letter and supporting documents for the proposed amendment in 59 accordance with the requirements of Section 163.3184(4), Florida Statutes. 60 61 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 62 resolution to the Director of Planning. 63 64 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 65 Florida, at a regular meeting held on the 17 day of May, 2017. 66 67 68 69 70 71 72 73 `..� 7.4 T�4 � 1 �Y r L) 74 _f 80 ' ATTt!�*."`KEVIN MADOK, CLERK 82 Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Heather Carruthers Yes Commissioner Danny L. Kolhage Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA d BY Mayor G rge Neugent 83 DEPUTY CLERK p n. N O 4 O V N � U� � �Z O % N UO Lt. 30- Jw O = u � 2 O a N E �. MON O COUNTY A NEY A VIED AS TO M: f KJ..34 Ti. WILLIAMS D ate 6`ntVT Ot�y�T� = D NEY et@ __� Resolution No. 1 38-2017 Page 2 of 2 Exhibit A to Reso No.138 -2017 1 2 3 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2017 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING THE MONROE 13 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH 14 (RH) TO MIXED USE /COMMERCIAL (MC), FOR PROPERTY 15 LOCATED AT 5713 FIRST AVENUE, SOUTH STOCK ISLAND, 16 MILE MARKER 5, LEGALLY DESCRIBED AS BLOCK 34, LOTS 17 11, 12, 13, 14, AND 15, MCDONALD'S PLAT OF STOCK ISLAND 18 (PLAT BOOK 1, PAGE 55), STOCK ISLAND, MONROE COUNTY, 19 FLORIDA, HAVING REAL ESTATE #00124700.000000, AS 20 PROPOSED BY STANDARD MARINE SUPPLY CORP; 21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 22 OF CONFLICTING PROVISIONS; PROVIDING FOR 23 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 24 AND THE SECRETARY OF STATE; PROVIDING FOR 25 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 26 PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE 27 MAP; PROVIDING FOR AN EFFECTIVE DATE. 28 --------------------------------------------------------------------------------------------------------------------- 29 30 WHEREAS, on October 11, 2016, Standard Marine Supply Corp submitted an 31 application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Year 32 2030 Comprehensive Plan from Residential High (RH) to Mixed Use /Commercial (MC); and 33 34 WHEREAS, the subject property is located at 5713 First Avenue, South Stock Island, 35 Mile Marker 5, legally described as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of 36 Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate 37 number 00124700.000000; and 38 39 WHEREAS, the subject property is currently developed with a lawfully established light 40 industrial use, including a 9,963 SF auto parts /repair building and associated outdoor storage; 41 and 42 43 WHEREAS, the current FLUM designation of RH does not allow light industrial uses 44 and therefore the existing use is considered nonconforming to the provisions of the current 45 Comprehensive Plan; and 46 Ord. No. _- 2017 Page 1 of 4 Exhibit A to Reso No.138 -2017 1 WHEREAS, Standard Marine Supply Corp is requesting a change to the FLUM 2 designation in order to eliminate the nonconformity for the existing light industrial use; and 3 4 WHEREAS, the Monroe County Development Review Committee considered the 5 proposed amendment at a regularly scheduled meeting held on the 13 day of December, 2016; 6 and 8 WHEREAS, the Monroe County Planning Commission held a public hearing on the 25 9 day of January, 2017, for review and recommendation on the proposed Future Land Use Map 10 amendment; and 11 12 WHEREAS, the Monroe County Planning Commission made the following findings of 13 fact and conclusions of law: 14 15 1. The proposed FLUM is not anticipated to adversely impact the community character 16 of the surrounding area; and 17 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan 18 adopted Level of Service; and 19 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the 20 Monroe County Year 2030 Comprehensive Plan; and 21 4. The proposed amendment is consistent with the Stock Island /Key Haven Livable 22 CommuniKeys Plan; and 23 5. The proposed amendment is consistent with the Principles for Guiding Development 24 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 25 Statute; and 26 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; 27 and 28 29 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10 -17 30 recommending to the Monroe County Board of County Commissioners approval of the proposed 31 amendment; and 32 33 WHEREAS, at a regular meeting held on the 17 day of May, 2017, the Monroe County 34 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 35 amendment, considered the staff report and provided for public comment and public 36 participation in accordance with the requirements of state law and the procedures adopted for 37 public participation in the planning process; and 38 39 WHEREAS, at the May 17, 2017, public hearing, the BOCC adopted Resolution No. 40 , transmitting the amendment to the State Land Planning Agency; and 41 42 WHEREAS, the State Land Planning Agency reviewed the amendment and the County 43 received its Objections, Recommendations and Comments (ORC) report on ; 44 and 45 46 Ord. No._- 2017 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 WHEREAS, the ORC report WHEREAS, in response to : and Exhibit A to Reso No138 -2017 and the ORC report, WHEREAS, at a regularly scheduled meeting on the day of , the BOCC held a public hearing to consider adoption of the proposed FLUM amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is amended as follows: The property located at 5713 First Avenue, South Stock Island, legally described as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate number 00124700.000000 is changed from Residential High (RH) to Mixed Use /Commercial (MC) as shown on Exhibit A, attached hereto and incorporated herein. Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida Statutes. Section 6. Inclusion in the Comprehensive Plan The foregoing amendment shall be incorporated in the Monroe County Comprehensive Plan and included on the Future Land Use Map. Ord. No. - 2017 Page 3 of 4 Exhibit A to Reso NoJ38 -2017 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 201 Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor George Neugent ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK Ord. No. - 2017 Page 4 of 4