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Ordinance 003-2018C ,-, Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida February 2, 2018 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399 -0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 003 -2018 amending the Monroe County Future Land Use Map from Residential High (RH) to Mixed Use /Commercial (MC), for property located at 5713 First Avenue, South Stock Island, mile marker 5, 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 #00124700.000000, as proposed by Standard Marine Supply Corp; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Comprehensive Plan and for amendment to the Future Land Use Map; providing for an effective date. The Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on January 17, 2018. Should you have any questions, please feel free to contact me at (305) 292 -3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex- officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: County Administrator Planning & Environmental County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 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 r w ,^ J MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 003 - 2018 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH (RH) TO MIXED USE /COMMERCIAL (MC), FOR PROPERTY LOCATED AT 5713 FIRST AVENUE, SOUTH STOCK ISLAND, MILE MARKER 5, 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 #00124700.000000, AS PROPOSED BY STANDARD MARINE SUPPLY CORP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 11, 2016, Standard Marine Supply Corp submitted an application requesting to amend the Future Land Use Map (FLUM) of the Monroe County Year 2030 Comprehensive Plan from Residential High (RH) to Mixed Use /Commercial (MC); and WHEREAS, the subject property is located at 5713 First Avenue, South Stock Island, Mile Marker 5, 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; and Ord. No003_ 2018 Page 1 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 WHEREAS, the subject property is currently developed with a lawfully established light industrial use, including a 9,963 SF auto parts /repair building and associated outdoor storage; and WHEREAS, the current FLUM designation of RH does not allow light industrial uses and therefore the existing use is considered nonconforming to the provisions of the current Comprehensive Plan; and WHEREAS, Standard Marine Supply Corp is requesting a change to the FLUM designation in order to eliminate the nonconformity for the existing light industrial use; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 13 day of December, 2016; and WHEREAS, the Monroe County Planning Commission held a public hearing on the 25 day of January, 2017, 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. 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 2030 Comprehensive Plan; and 4. The proposed amendment is consistent with the Stock Island/Key Haven Livable CommuniKeys Plan; and 5. 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 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10 -17 recommending to the Monroe County Board of County Commissioners approval of the proposed amendment; and Ord. No003_ 2018 Page 2 of 4 1 WHEREAS, at a regular meeting held on the 17 day of May, 2017, the Monroe County 2 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 3 amendment, considered the staff report and provided for public comment and public 4 participation in accordance with the requirements of state law and the procedures adopted for 5 public participation in the planning process; and 6 7 WHEREAS, at the May 17, 2017, public hearing, the BOCC adopted Resolution No. 8 138 -2017, transmitting the amendment to the State Land Planning Agency; and 9 10 WHEREAS, the State Land Planning Agency reviewed the amendment and the County 11 received its Objections, Recommendations and Comments (ORC) report on August 4, 2017; and 12 13 WHEREAS, the ORC report did not identify any objections or comments regarding the 14 proposed amendment; and 15 16 WHEREAS, at a regularly scheduled meeting on the 17 day of January, 2018, the 17 BOCC held a public hearing to consider adoption of the proposed FLUM amendment and 18 provided for public comment; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF 21 COUNTY COMMISSIONERS: 22 23 Section 1. The Future Land Use Map of the Monroe County 2030 Comprehensive Plan is 24 amended as follows: Al 26 The property located at 5713 First Avenue, South Stock Island, legally described 27 as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of Stock Island (Plat 28 Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate 29 number 00124700.000000 is changed from Residential High (RH) to Mixed 30 Use /Commercial (MC) as shown on Exhibit A, attached hereto and incorporated 31 herein. 32 33 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision 34 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such 35 validity. 36 37 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict 38 with this ordinance are hereby repealed to the extent of said conflict. 39 Ord. No 03 - 2018 Page 3 of 4 I Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 2 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 3 4 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 5 secretary of the State of Florida but shall not become effective until a notice is issued by the 6 State Land Planning Agency or Administration Commission finding the amendment in 7 compliance, and if challenged, until such challenge is resolved pursuant to Chapter 120, Florida 8 Statutes. 9 10 11 12 13 14 15 16 17 18 19 20 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 17 day of January, 2018. 21 22 23 24 �. 25;` 26, 274.\ t J r l 28� _ (SEAL).. 29 _ 30 ATTEST: KEVIN MADOK, CLERK 31 32 33 OF MONROE COUNTY, FLORIDA BY Mayor David ce n ,c MONROE COUNTY ATTOR�Y APPROVED AS TO FUMAI r DEPUTY CLERK — z — — PETER MORRIS ASSISTANT COUNTY A17ORN Y Date: Mayor David Rice Yes Mayor Pro Tem Sylvia Murphy y P G Commissioner Danny L. Kolhage Yes Commissioner George Neugent Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS Ord. No Page 4 of 4 M rn N G M n 0 c The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of one parcel of land in Stock Island having Real Estate Number 00124700 - 000000 from Residential High (RH) to Mixed Use /Commercial (MC). N A JIM S� J f FLORIDA DEPARTMENT 0 f STATE RICK SCOTT Governor February 2, 2018 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Mr. Madok: 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. 003 -2018, which was filed in this office on February 2, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.ft.us