Ordinance 045-20131
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6 ORDINANCE NO. 045 -2013
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9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM)
11 DESIGNATION FROM INDUSTRIAL (1) TO MIXED USE COMMERCIAL (MC)
12 FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL
13 ESTATE NUMBERS 00123660- 000000, 00123720 - 000400, 00123760 - 000200
14 00123720 - 000100, 00123720 - 000200, 00123730 - 000100, 00123740 - 000000, 00123770-
15 000000, 00127290 - 000000 00127380 - 000000, 00127250 - 000000 00127280 - 000000
16 00123600- 000100, 00123600- 000102, 00123600- 000101 ,00123590- 000000,00123570-
17 000000, and 00123540 - 000000, LOCATED ON SOUTH STOCK ISLAND;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
19 INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
20 STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH
21 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND
22 PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010
23 COMPREHENSIVE PLAN.
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27 WHEREAS, Longstock II, LLC, submitted an application amending Monroe County
28 2010 Comprehensive Plan Policies 101.4.5 and 101.4.21 to amend the Mixed Use /Commercial
29 (MC) Future Land Use Map Category description and assign the Maritime Industries (MI)
30 Zoning District to the MC category; amend the maximum net density range and the maximum
31 intensity range for the Mixed Use /Commercial (MC) Future Land Use Map Category and to
32 clarify the footnotes within the table; and
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34 WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with
35 the staffs added recommended provisions to preserve and enhance working waterfront while
36 allowing moderate redevelopment of other uses, to the State Land Planning Agency; and
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38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
39 Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not
40 identify any issues with the proposed amendment; and
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42 WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text
43 amendment, amending the MC Future Land Use Map Category description and assigning the MI
44 Zoning District to the MC category (Ordinance 032 - 2012); and
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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 (I) 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. "
5. The proposed amendment is internally consistent with the Monroe County
Comprehensive Plan.
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1 6. The proposed amendment is consistent with the Principles for Guiding Development for
2 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
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4 WHEREAS, the Monroe County Planning Commission passed Resolution No. P54 -12
5 recommending transmittal of the proposed amendment; and
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7 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe
8 County Board of County Commissioners held a public hearing and approved Resolution No.
9 133 -2013 to transmit the proposed amendment to the State Land Planning Agency; and
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11 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land
12 Use Map was reviewed by the State Land Planning Agency which issued an Objections,
13 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that
14 "the NAS KW states that the Navy is utilizing the 2007 AICUZ and that the more recent
15 Environmental Impact Statement (EIS) noise contours are in draft form and therefore not
16 acceptable at this time. The recent ElS study depicts the parcel as being within a lower noise
17 contour, one in which the transient development would be acceptable with noise attenuation and
18 landscaped berm on the outside of the property. For the reasons cited above, the Department
19 objects to the proposal because the change will exacerbate the incompatibility issues that
20 already exist. The proposed change is also inconsistent with the Principles for Guiding
21 Development that require that proposed amendments must be consistent with protection of the
22 value ofpublic investments in the Florida Keys, including Naval Air Station- Key West," and
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24 WHEREAS, the ORC report also included a recommendation for addressing the objection:
25 "The applicant may consider delaying adoption of the proposed amendment until the 2012 EZS
26 DNL Map is adopted by the military, and provide noise attenuation and outside landscaped berms,
27 as requested by the Department of the Navy; " and
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29 WHEREAS, in response to the ORC Report, the County did wait until the Navy's Record
30 of Decision for the Final Environmental Impact Statement for Naval Air Station Key West Airfield
31 Operations, which was issued on October 31, 2013, and includes new noise contours which no
32 longer include the subject properties of this FLUM amendment within the 65 DNL (Day -Night
33 Average noise).
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35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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38 Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is
39 hereby amended by changing the FLUM designation from Industrial (I) to Mixed
40 Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real
41 Estate Numbers 00123660 - 000000, 00123720 - 000400, 00123760 - 000200,
42 00123720- 000100, 00123720 - 000200, 00123730 - 000100, 00123740- 000000,
43 00123770 - 000000, 00127290 - 000000, 00127380 - 000000, 00127250- 000000,
44 00127280 - 000000, 00123600- 000100, 00123600 - 000102, 00123600 - 000101,
45 00123590- 000000, 00123570- 000000, and 00123540- 000000; located on South
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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 11th day of Dec. , 2013.
Mayor Sylvia Murphy Yes
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Mayor Pro Tem Danny Kolhage Yes
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Commissioner Heather Carruthers Yes
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Commissioner David Rice Yes
Commissioner George Neugent Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY ORIDA
BY
Mayor Sylvi Murphy
R,PVIY H AVILIN, qLE R
SOUN -fy A-TTORNEY
ApPPROVE AS TO FORM:
DEPUTY CLERK
GRIMSLEY
SIiSA
ASSISTAN C OUNTY ATTa' BEY Z
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of eighteen parcels of land on Stock Island, having real estate numbers
00123660- 000000 0012372 - 000400, 00123760 - 000200, 00123720 - 000100, 00123720- 000200,00123730 - 000100, N
00123740 - 000000 00123770 - 000000, 00127290 - 000000, 00127380 - 000000, 00127250 - 000000,00127280 - 000000,
00123 000100, 00123600 - 000102, 00123600 - 000101, 00123590 - 000000,00123570 - 000000,
and 00123540 - 000000, located on south Stock Island; from Industrial (1) to Mixed Use /Commercial (MC).
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
January 6, 2014
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 045 -2013, which was filed in this office on January 6,
2014.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us