Ordinance 017a-2009
ORDINANCE NO. 017a -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY SIEVERS MARINE, INC. TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALL Y
DESCRIBED AS BLOCK 1 LOT 11, LOT 12 AND LOT 13
OCEAN ISLE EST PB5-14 KEY LARGO, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS
00538170.000000, 00538180.000000 AND 00538190.000000;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, during a special public meeting held on January 29, 2009, the Monroe
County Board of County Commissioners conducted a review and consideration of a request filed
by W. F. McCain and Associates, on behalf of Sievers Marine, Inc., to amend the subject
property's Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed
Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010
Comprehensive Plan and Monroe County Code; and
WHEREAS, the BOCC voted to transmit the proposed FLUM amendment to the Florida
Department of Community Affairs on January 26, 2009; and
WHEREAS, the subject property is located at Mile Marker 106, Key Largo, Florida and
is legally described as Block 1, Lot 11, Lot 12 and Lot 13 Ocean Isle Est, Key Largo, Florida
having Real Estate Numbers 00538170-000000,00538180-000000 AND 00538190-000000; and
WHEREAS, in the map amendment application to the Planning & Environmental
Resources Department, received November 19, 2007 the Applicant requested that the Future
Land Use Map (FLUM) designation of three (3) parcels identified as Real Estate Numbers
00538170-000000, 00538180-000000 and 00538190-000000.
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the Findings of Fact and Conclusions of Law:
Sievers Marine, Inc.
Bacc Adoption Hearing June 2, 2009
P. 3 of6
1. The proposed area IS cleared and scarified and will not significantly affect natural
resources.
2. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 101 which manages future growth to enhance the quality of
life.
3. The proposed FLUM amendment is consistent with Objective 101.4 which maintains the
community characters and protects natural resources by regulating future development
and redevelopment.
4. The proposed FLUM amendment is consistent with Policy 101.4.5 which establishes the
Mixed Use / Commercial FLUM criteria.
5. The proposed FLUM amendment is consistent with Goal 105 which implements smart
growth policies and recognizes the finite capacity for new development without
compromising the natural environment and directs development into Tier III lands.
6. Staff has determined that the proposed map amendment is in accordance with MCC
Section 102-158(d)(5)b(i) changed projections and (vi) recognition of a need for
additional detail or comprehensiveness.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle.
8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character. Staff has determined the proposed future land
use map designation to Mixed Use / Commercial (MC) will not adversely change
community character.
9. Local roads are already in place and have been well maintained.
10. Effects on natural resources are not anticipated. The area is scarified.
11. The proposed FLUM amendment will encourage commercial development to remain on
disturbed lands rather than encroaching on environmentally sensitive area.
12. The 2008 US 1 Arterial Travel Time and Delay Study for Monroe County indicates a
Level of Service (LOS) of "A" in Key Largo (MM 99.5 to MM 106). The LOS of"E" for
Cross Key (MM 106 to MM 112.5) is due to on-going construction along the Cross Key
segment.
13. The FLUM amendment may affect solid waste. Monroe County has a haul out contract
through September 20, 2016 which provides the capacity to remove any solid waste.
Sievers Marine, Inc.
BOCC Adoption Hearing June 2, 2009
P. 40f6
14. The 100 gallons per person per day of potable water is commonly accepted as appropriate
and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
15. MCC Section 114-4 requires that all developments retain stormwater on site following
Best Management Practices (BMP's).
16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
encourage infill development to remain on already existing developed land.
17. The proposed FLUM amendment is consistent with the Goals, Objectives and Policies of
the Key Largo Livable CommuniKeys Plans Goal 1, Goal 6 and Goal 10.
WHEREAS, Planning and Environmental Resources Department Staffhas found that all
of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 18, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Residential Medium
(RM) shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which
are hereby incorporated by reference and attached as Exhibits 1 and 2.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
shall be amended as delineated in Section 2 above.
Section 4. 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 invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
SIGNATURE PAGE TO FOLLOW
Sievers Marine, Inc.
HOCC Adoption Hearing June 2, 2009
P. 5 of 6
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yep,
Yes
Yep,
Yep,
Yep,
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLOR~D ~ J--..
~ Lee 0 )~,e.{/ ..
BY "
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~aLd<2. LJ.v;!ewt-W
DEPUTY CLERK
Sievers Marine, Inc.
BOCC Adoption Hearing June 2, 2009
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I Exhibit 1 to Ordinance#
-20091
VACA RD
GARDEN COVE DR
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of RE 00538170-000000, 00538180-000000
and 00538190-000000 from Residential Medium (RM) to
Mixed Use/Commercial (MC)
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
D Agent
D Addressee
C. Date of Delivery
D. Is delivery address different frOm item 1? DYes
If YES, enter delivery address below: D No
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronaugh Street
Tallahassee, Florida 32399-0250
3. Se Ice Type
Certified Mail
D Registered
D Insured Mail
o Express Mail
D Return Receipt for Merchandise
D C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number
(Transfer from service lab I
PS Form 3811, February 2004
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FLORIDA DEPARTMENT or STATE
. - .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 18,2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through
022-2009, which were filed in thIS office on June 15,2009.
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DI\llCTOR'S OFFl(;E
Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0
850.L45.6600 .. FAX: 850.215.673:i .. TDD: 850.9?2.4085 .. hti,.llrllis.dos.state.f1.us
COMMUNITY DEVEI.OPMEN T
850.245.6600 .. FAX: tiSJ.245.6fA3
-' ",HE LiBf,ARr' OF FVJRIDA
85.') :? 45.660G to FA-'X: 850.2< 5.6744
STATE ARCHIVES OF FLORIDA
850.2'L56700 .. FAX: 250.4S8.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 .. FAX: f,;).488.9879
kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES
850 -'45.6750 '" FAX: 850.)'-:':6:t)5
ADMINISTRATIVE CODE AND WEEKLY
850.//;; 62~O .. FAX: 850.24).6282
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