Ordinance 004-20181
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MONROE COUNTY, FLORIDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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ORDINANCE NO. 004 - 2018
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF
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COUNTY COMMISSIONERS AMENDING THE MONROE
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COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN
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RESIDENTIAL- MOBILE HOME (URM) TO MIXED USE (MU),
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FOR PROPERTY LOCATED AT 5713 FIRST AVENUE, SOUTH
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STOCK ISLAND, MILE MARKER 5, LEGALLY DESCRIBED AS
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BLOCK 34, LOTS 11, 12, 13, 14, AND 15, MCDONALD'S PLAT OF
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STOCK ISLAND (PLAT BOOK 1, PAGE 55), STOCK ISLAND,
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MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
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#00124700.000000, AS PROPOSED BY STANDARD MARINE
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SUPPLY CORP; PROVIDING FOR SEVERABILITY; PROVIDING
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FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
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FOR TRANSMITTAL TO THE STATE LAND PLANNING
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AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
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AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
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PROVIDING FOR AN EFFECTIVE DATE.
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29 WHEREAS, on October 11, 2016, Standard Marine Supply Corp submitted an
30 application requesting to amend the Land Use District (Zoning) map of the Monroe County Year
31 2030 Comprehensive Plan from Urban Residential- Mobile Home (URM) to Mixed Use (MU);
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34 WHEREAS, the subject property is located at 5713 First Avenue, South Stock Island,
35 Mile Marker 5, legally described as Block 34, Lots 11, 12, 13, 14, and 15, McDonald's plat of
36 Stock Island (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having real estate
37 number 00124700.000000; and -
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Ord. N0 - 2018
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I WHEREAS, the subject property is currently developed with a lawfully established light
2 industrial use, including a 9,963 SF auto parts /repair building and associated outdoor storage;
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5 WHEREAS, the current Zoning designation of URM does not allow light industrial uses
6 and therefore the existing use is considered nonconforming to the provisions of the Land
7 Development Code; and
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9 WHEREAS, Standard Marine Supply Corp is requesting a change to the Zoning
10 designation in order to eliminate the nonconformity for the existing light industrial use; and
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12 WHEREAS, the applicant has submitted an application for a corresponding Future Land
13 Use Map (FLUM) amendment for the subject parcel from Residential High (RH) to Mixed
14 Use /Commercial (MC); and
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16 WHEREAS, the Monroe County Development Review Committee considered the
17 proposed amendment at a regularly scheduled meeting held on the 13 day of December, 2016;
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20 WHEREAS, the Monroe County Planning Commission held a public hearing on the 25
21 day of January, 2017, for review and recommendation on the proposed Future Land Use Map
22 amendment; and
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24 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P11 -17
25 recommending approval of the proposed Zoning map amendment, contingent on adoption and
26 effectiveness of the corresponding FLUM amendment; and
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28 WHEREAS, at a regularly scheduled meeting held on the 17 day of January, 2018, the
29 Monroe County Board of County Commissioners held a public hearing, considered the staff
30 report, and provided for public comment and public participation in accordance with the
31 requirements of state law and the procedures adopted for public participation in the planning
32 process; and
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34 WHEREAS, based upon the documentation submitted and information provided in the
35 accompanying staff report, the BOCC makes the following Findings of Fact:
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37 1. Prior to the 1986 adoption of the County's current land development regulations and
38 their associated land use district maps, the subject property was within a BU -2 district
39 (Medium Business); and
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Ord. N0004- 2018
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2. In 1992, with the final adoption of the current Zoning map, the subject property was
re- designated as Urban Residential - Mobile Home (URM); and with the adoption of
the Comprehensive Plan's FLUM in 1997, the subject property was given its current
FLUM designation of Residential High (RH); and
3. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent with the provisions and intent of the Monroe County Comprehensive
Plan; and
4. Monroe County Code (MCC) §102 -158 states that map amendments are not intended
to relieve particular hardships, nor to confer special privileges or rights on any person,
nor to permit an adverse change in community character, analyzed in the Monroe
County Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions or incorrect assumptions or determinations as determined by the
findings of the BOCC; and
5. MCC §102- 158(d)(7)b. provides that one or more of the following criteria must be
met for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the existing text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends) from those on which
the existing text or boundary was based;
c. Data errors, including errors in mapping, vegetative types and natural features
which contributed to the application of the existing text or boundary;
d. New issues which arose after the application of the existing text or boundary;
e. Recognition of a need for additional detail or comprehensiveness; or
f. Data updates;
6. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. As required by MCC §102 -158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
Ord. No. 00 4 2018
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adverse change in community character, as analyzed in the Monroe County Year
2030 Comprehensive Plan;
b. As required by MCC §102- 158(d)(7)b., the map amendment is needed due to
changed projections, data errors, and new issues; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2030 Comprehensive Plan:
a. The Mixed Use (MU) Land Use (Zoning) District corresponds with the Future
Land Use Map designation of Mixed Use /Commercial (MC), and is consistent
with the density and intensity standards as set forth in Policy 101.5.25;
b. The Mixed Use (MU) Land Use (Zoning) District is consistent with the purpose
of the Mixed Use /Commercial (MC) Future Land Use Map designation, as set
forth in Policy 101.5.6; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
follows:
The property located at 5713 First Avenue, South Stock Island, 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 shall be designated as Mixed Use (MU) as shown on
Exhibit A, attached hereto and incorporated herein.
This Land Use District (Zoning) map amendment is contingent on adoption and
effectiveness of the corresponding FLUM amendment from Residential High (RH)
to Mixed Use /Commercial (MC).
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.
Ord. No004- 2018
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I Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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4 Section 5. FilinLy. This ordinance shall be filed in the Office of the Secretary of the State of
5 Florida but shall not become effective until approved by the Florida State Land
6 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
7 120 of the Florida Statutes.
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9 Section 6. Inclusion on the Monroe County Code's Official Land Use District Man. The
10 provisions of this Ordinance shall be included and incorporated on to the Official
11 Land Use District Map of Monroe County.
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13 Section 7. Effective Date. This ordinance shall become effective as provided by law and
14 stated above.
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16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
17 Florida, at a regular meeting held on the 17 day of January, 2018.
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32 ATTEST: ^ KEVIN MADOK, CLERK
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DEPUTY CLERK
Mayor David Rice
Yes
Mayor Pro Tem Sylvia Murphy
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Commissioner Danny L. Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
Mayor David
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MONROE COUNT'S ATTORP Y
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APPROVED AS TO FORM
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PETER MORRIS
ASSISTANT COUNTY ATTORNEY
'Date:
Ord. NcP - 2018
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The Monroe County Land Use Map is amended
as indicated above.
Proposal: Land Use change of one parcel of land in Stock Island having Real Estate Number: 00124700 - 000000
from Urban Residential Mobile Home (URM) to Mixed Use (MU). N
A
C' .,
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. 004 -2018 amending the Monroe County
Land Use District (Zoning) Map from Urban Residential - Mobile Home (URM) to Mixed Use
(MU), 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 amendment to the Lane Use District (Zoning) 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
JIM S�
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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. 004 -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
Final Order No. DEO -18 -031
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
regulations adopted by Monroe County, Florida, Ordinance No. 004 -2018 (the "Ordinance ").
FINDINGS OF'FACT
1. The Florida Keys Area is designated by. Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was, adopted by Monroe County on January 17, 2018, and rendered
to the Department on February 21, 2018.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to
amend the zoning district from Urban Residential- Mobile Home (URM) to Mixed Use (MU) 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 number 00124700.000000.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See Sections 380.05(6),
and 3.80.0552(9), Florida Statutes.
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In re: A LAND DEVELOPMENT REGULATION terra
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 004 -2018 ° C->
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FINAL ORDER r-
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APPROVING MONROE COUNTY ORDINANCE NO. 004 -2018
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, .
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 004 -2018 (the "Ordinance ").
FINDINGS OF'FACT
1. The Florida Keys Area is designated by. Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was, adopted by Monroe County on January 17, 2018, and rendered
to the Department on February 21, 2018.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to
amend the zoning district from Urban Residential- Mobile Home (URM) to Mixed Use (MU) 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 number 00124700.000000.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See Sections 380.05(6),
and 3.80.0552(9), Florida Statutes.
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C a
Final Order No. DEO -18 -031
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes and specifically, Goal 101, and
Objectives 101.5 and 101.8.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern-are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local .government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(in) Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a post disaster reconstruction
plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 004 -2018 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
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Final Order No. DEO -18 -03.1
This, Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
i 'T,/ ��-
Ja#ies D. Stansbury, Chief
eau of Community Planning and Growth
D epartment of Economic Opportunity
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Final Order No. DEO -18 -031
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301,. FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 - 4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
L,
Final Order No. DE0-18 -031
CERTIFICATE OF FILING AND SEIMCE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 2` day of March, 2018.
Agency. Clerk
Department of Economic Opportunity
1.07 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By U.S. Mail
The Honorable George,Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe.County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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