Resolution 134-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 134 - 2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY A PROPOSED ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
FUTURE LAND USE MAP (FLUM) DESIGNATION FROM INDUSTRIAL
(I) TO MIXED USE COMMERCIAL (MC) FOR EIGHTEEN PARCELS
OF LAND ON STOCK ISLAND, HAVING REAL ESTATE NUMBERS
00123660- 000000, 00123720 - 000400, 00123760 - 000200, 00123720- 000100,
00123720 - 000200, 00123730- 000100, 00123740 - 000000, 00123770 - 000000,
00127290 - 000000 00127380 - 000000 00127250- 0000001 00127280 - 000000
00123600- 000100 00123600- 000102, 00123600- 000101, 00123590 - 000000,
00123570- 000000, and 00123540- 000000, LOCATED ON SOUTH STOCK
ISLAND, SOUTH STOCK ISLAND.
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 14`
day of November, 2012, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
l.On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
101.4.21 to amend the Mixed Use /Commercial (MC) Future Land Use Map Category
description and assign the Maritime Industries (MI) Zoning District to the MC category.
2.The BOCC also adopted provisions to further preserve and enhance working waterfront
uses within the MC Future Land Use Map Category.
3.The 18 subject parcels are designated as Tier III, classified as developed land, and are not
designated as habitat for any protected species.
P. 1 of 3
4.The definition of the term recreational and commercial working waterfront, pursuant to
Section 342.07, F.S., means a parcel or parcels of real property that provide access for
water - dependent commercial activities, including hotels and motels as defined in s.
509.242(1), or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The term includes water - dependent
facilities that are open to the public and offer public access by vessels to the waters of the
state or that are support facilities for recreational, commercial, research, or governmental
vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet
and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing
facilities, boat construction facilities, and other support structures over the water. As used
in this [statute] section, the term "vessel" has the same meaning as in s. 327.02(39).
Seaports are excluded from the definition.
5.The proposed amendment is internally consistent with the Monroe County Comprehensive
Plan.
6.The proposed amendment is consistent with the Principles for Guiding Development for
the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
WHEREAS, the Monroe County Planning Commission passed Resolution 54 -12
recommending transmittal of the proposed amendment; and
WHEREAS, at a special meeting held on the 18` day of April, 2013, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment to the State Land Planning Agency; and
WHEREAS, the Monroe County Board of County Commissioners supports transmitting
the requested map amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners considered the recommendation of the
Planning Commission and after the public hearing voted to transmit the draft
ordinance.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of a set of comprehensive plan amendments for 2013 to the
State Land Planning Agency for review and comment in accordance with the
State Coordinated Review process pursuant to Section 163.3184(4), Florida
Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment.
P. 2 of 3
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the of April, 2013.
Mayor George Neugent Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
MO COUNTY ATTORNEY
A ROVED AS TO F M
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ORDINANCE NO. -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE COMMERCIAL (MC)
FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
ESTATE NUMBERS 00123660- 000000, 00123720 -000400, 00123760 - 000200,
00123720 - 000100, 00123720- 000200, 00123730 -000100, 00123740 - 000000, 00123770-
000000, 00127290 - 000000, 00127380 -000000, 00127250 - 000000, 00127280- 000000,
00123600- 000100,00123600 - 000102,00123600 -000101,00123590- 000000,00123570-
000000, and 00123540 - 000000, LOCATED ON SOUTH STOCK ISLAND;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
COMPREHENSIVE PLAN.
WHEREAS, Longstock I1, LLC, submitted an application amending Monroe County
2010 Comprehensive Plan Policies 101.4.5 and 101.4.2I to amend the Mixed Use /Commercial
(MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
Zoning District to the MC category; amend the maximum net density range and the maximum
intensity range for the Mixed Use /Commercial (MC) Future Land Use Map Category and to
clarify the footnotes within the table; and
WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
the staffs added recommended provisions to preserve and enhance working waterfront while
allowing moderate redevelopment of other uses, to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
identify any issues with the proposed amendment; and
WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
amendment, amending the MC Future Land Use Map Category description and assigning the MI
Zoning District to the MC category (Ordinance 032 - 2012); and
WHEREAS, the MC Future Land Use Map category now includes provisions to
preserve and promote recreational and commercial working waterfront uses on all lands
designated with the Maritime Industries (MI) land use district within the MC category; and
WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina
Property Owners Association, Inc.,and submitted an application for a Future Land Use Map
amendment from from Industrial (1) to Mixed Use/Commercial (MC); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012;
and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 14`
day of November, 2012, for review and recommendation on the proposed Future Land Use Map
amendment; and
WHEREAS, the Monroe County Planning Commission made the following findings of
fact and conclusions of law:
1. On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and
101.4.21 to amend the Mixed Use /Commercial (MC) Future Land Use Map Category
description and assign the Maritime Industries (MI) Zoning District to the MC category.
2. The BOCC also adopted provisions to further preserve and enhance working waterfront
uses within the MC Future Land Use Map Category.
3. The 18 subject parcels are designated as Tier III, classified as developed land, and are not
designated as habitat for any protected species.
4. The definition of the term recreational and commercial working waterfront, pursuant to
Section 342.07. F.S., means a parcel or parcels of real property that provide access for
water - dependent commercial activities, including hotels and motels as defined in s.
509.242(1), or provide access for the public to the navigable waters of the state.
Recreational and commercial working waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The term includes water - dependent
facilities that are open to the public and offer public access by vessels to the waters of the
state or that are support facilities for recreational, commercial, research, or governmental
vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet
and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing
facilities, boat construction facilities, and other support structures over the water. As used
in this [statute] section, the term "vessel' has the same meaning as in s. 327.02(39).
Seaports are excluded from the definition.
The proposed amendment is internally consistent with the Monroe County
Comprehensive Plan.
6. The proposed amendment is consistent with the Principles for Guiding Development for
the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
WHEREAS, the Monroe County Planning Commission passed Resolution No. P54 -12
recommending transmittal of the proposed amendment; and
WHEREAS, at a special meeting held on the 18" day of April, 2013, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
hereby amended by changing the FLUM designation from Industrial (I) to Mixed
Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real
Estate Numbers 00123660 - 000000, 00123720 - 000400, 00123760- 000200,
00123720 - 000100, 00123720- 000200, 00123730- 000100, 00123740 - 000000,
00123770 - 000000, 00127290- 000000, 00127380- 000000, 00127250- 000000,
00127280- 000000, 00123600 - 000100, 00123600 - 000102, 00123600- 000101,
00123590- 000000, 00123570 - 000000, and 00123540- 000000; located on South
Stock Island, as shown on Exhibit 1; which is 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 with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. inclusion in the Comprehensive Plan. The Future Land Use Map amendment
shall be incorporated in the Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
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