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Resolution 375-2014MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO 3-P-- 2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM INDUSTRIAL (I) TO COMMERCIAL (COMM) FOR PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, DESCRIBED AS FOUR PARCELS OF LAND IN SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00122080-000000, 00122081-000200, 00122010-000000, and 00121990-000000, AND FROM MIXED USE/COMMERCIAL FISHING (MCF) AND INDUSTRIAL (I) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00120940-000100. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the transmittal of the requested future land use map amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: P. 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance, attached as Exhibit A, for review of the proposed text amendment. Section 2. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of Section 163.3184(4), Florida Statutes. Section 3. 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 regular meeting held on the 1 Oth day of December, 2014. Mayor Danny L. Kolhage l5 Mayor Pro Tern Heather Carruthers y CS Commissioner George Neugent `i CS Commissioner David Rice f5 Commissioner Sylvia Murphy 23 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 24 25 BY 26 Mayor Danny L. Kolhage 27 28 29 30 31 32 33 34 35 36 eavilin, Clerk MO OE COUNTY ATTORNEY A P OVED A FORM: STEVEN T. WILLIAMS ASSISTANT CO NTY ATTORNEY Date // 20 / P. 2 of 2 Exhibit A 1 2 3 - 4 5 6 ORDINANCE NO. -2014 7 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE 11 LAND USE MAP FROM INDUSTRIAL (I) TO COMMERCIAL (COMM) 12 FOR PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, 13 DESCRIBED AS FOUR PARCELS OF LAND IN SECTION 21, 14 TOWNSHIP 67 SOUTH, RANGE 26 EAST, ROCKLAND KEY, MONROE 15 COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 16 00122080.000000, 00122081.000200, 00122010.000000 AND 00121990.000000, 17 AND FROM MIXED USE/COMMERCIAL FISHING (MCF) AND 18 INDUSTRIAL (I) TO MIXED USE/COMMERCIAL (MC) FOR 19 PROPERTY LOCATED AT APPROXIMATE MILE MARKER 9, 20 DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 67 21 SOUTH, RANGE 26 EAST, BIG COPPITT KEY, MONROE COUNTY, 22 FLORIDA, HAVING REAL ESTATE NUMBER 00120940.000100, AS 23 PROPOSED BY ROCKLAND OPERATIONS, LLC AND ROCKLAND 24 COMMERCIAL CENTER, INC.; PROVIDING FOR SEVERABILITY; 25 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 26 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 27 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 28 AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR 29 AN EFFECTIVE DATE. 30 31 32 33 WHEREAS, Rockland Operations, LLC and Rockland Commercial Center, Inc. 34 submitted an application for a Future Land Use Map amendment from Industrial (I) to 35 Commercial (COMM) and from Mixed Use/Commercial Fishing (MCF) and Industrial (I) to 36 Mixed Use/Commercial (MC); and 37 38 WHEREAS, the Monroe County Development Review Committee considered the 39 proposed amendment at a regularly scheduled meeting held on the 29th day of April, 2014; and 40 41 WHEREAS, the Monroe County Planning Commission held a public hearing on the 27`h 42 day of August, 2014, for review and recommendation on the proposed Future Land Use Map 43 amendment; and 44 45 WHEREAS, the Monroe County Planning Commission made the following findings of 46 fact and conclusions of law: 1 Exhibit A 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 1. The proposed FLUM is not anticipated to adversely impact the community character of the surrounding area; and 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service; and 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan; and 4. 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 Statute; and 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. WHEREAS, the Monroe County Planning Commission passed Resolution No. P39-14 recommending transmittal of the proposed amendment; and WHEREAS, at a regular meeting held on the 10`h day of December, 2014, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment, considered the staff report and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and WHEREAS, at the December 10, 2014, public hearing, the BOCC voted to transmit the amendment 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 , 2015, which did not identify any issues with the proposed amendment; and WHEREAS, the ORC report states and as a response to the ORC Report, Monroe County 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 as follows: The property described as four parcels of land on Rockland Key, having Real Estate Numbers 00122080-000000, 00122081-000200, 00122010-000000, and 00121990-000000 from Industrial (I) to Commercial (COMM), and a parcel of land on Big Coppitt Key, having real estate number 00120940-000000 from Mixed Use/Commercial Fishing (MCF) and Industrial (I) to Mixed 2 Exhibit A 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 Use/Commercial (MC), 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 regular meeting held on the day of , 2015. (SEAL) ATTEST: AMY HEAVILIN, CLERK DEPUTY CLERK Mayor Danny L. Kolhage Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM 3 Mayor Danny L. Kolhage MONROE COUNTY VED A ATTORNEY _FORM: *T"*, VEN T. WILLIAMS ASSISTANT Date �/ NTY AnORNEY Exhibit 1 to Ordinance# -2014 00122080-000000 00122081-00020 r 0012201-000000- r' u 990-000000 The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of five parcels of land on Big Coppitt Key having Real Estate Numbers: 00120940-000100, 00122080-000000, 00122081-000200, 00122010-000000 and 00121990-000000 from Industrial (1) toCommercial (COMM) and Mixed Use/Commercial (MC).