Resolution 254-2015 QoEQ�ov,
3
4a
5 •
6
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO2.5 4-2015
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS TRANSMITTING TO THE STATE LAND
15 PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
16 BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE
17 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW (RL)
18 TO COMMERCIAL (COMM), FOR PROPERTY LOCATED AT 95710
19 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE
20 MARKER 96, DESCRIBED AS A PARCEL OF LAND LOCATED IN
21 GOVERNMENT LOT 3, SECTION 12, TOWNSHIP 62 SOUTH, RANGE
22 38 EAST, KEY LARGO,MONROE COUNTY, FLORIDA, HAVING REAL
23 ESTATE NUMBER 00088350.000000,AS PROPOSED BY MICRAN, INC.
24
25
26
27 WHEREAS, the Monroe County Board of County Commissioners conducted a public
28 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
29 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
30 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
31 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
32 Comprehensive Plan as described above; and
33
34 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
35 of County Commissioners support the transmittal of the requested Future Land Use Map
36 amendment;
37
38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
40
41 Section 1: The Board of County Commissioners does hereby adopt the recommendation of
42 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
43 for review of the proposed Future Land Use Map amendment.
44
45
P. 1 of_2
Resolution Noa 54-2015
46 Section 2. The Monroe County staff is given authority to prepare and submit the required
47 transmittal letter and supporting documents for the proposed amendment in
48 accordance with the requirements of Section 163.3184(4),Florida Statutes.
49
50 Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this
51 resolution to the Director of Planning.
52
53
54 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
55 Florida, at a regular meeting held on the 16th day of September, 2015.
56
57
58 Mayor Danny L. Kolhage Yes
59 Mayor Pro Tem Heather Carruthers Yes
60 Commissioner George Neugent Yes
61 Commissioner David Rice Yes
62 Commissioner Sylvia Murphy Yes
63
64 0
6 p �.
1 SO
f-� + s _t.µ)1..._; _'rVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
'., 1: E OF M•, 'OE COUNTY,FLORIDA
6E \' fr=ki1®''.f aDade ft501 By: its;
y
70 , y (lerk Mayor Dal-ht./L. Kolhage ,
71
72 (SEAL)
MONROE COUNTY TTORNEY
AF ASWILLIAMS
ORM:
S'TEVEN T.
�SSISTtNT C UN ATTORNEY
Date
Lt-
C..) = _}_
LU1 C -t--
a. ts, L..)O
O .L:
Ca C) ;c
w o
' o'.-
Li_ c�
P.2 of 2.
Resolution No.25 4-2015
EXHIBIT A to RESOLUTION NO. 54-2015
1
2e/ Vic, k
3 7-7-5
4
5
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2015
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING THE MONROE
13 COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
14 (RL) TO COMMERCIAL (COMM), FOR PROPERTY LOCATED
15 AT 95710 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE
16 MILE MARKER 96, DESCRIBED AS A PARCEL OF LAND
17 LOCATED IN GOVERNMENT LOT 3, SECTION 12, TOWNSHIP
18 62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY,
19 FLORIDA, HAVING REAL ESTATE NUMBER 00088350.000000,
20 AS PROPOSED BY MICRAN, INC.; PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
23 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR INCLUSION IN THE MONROE
25 COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT
26 TO THE FUTURE LAND USE MAP; PROVIDING FOR AN
27 EFFECTIVE DATE.
28
29
30 WHEREAS, on July 25, 2013, Micran, Inc. submitted an application requesting to amend the
31 Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential Low
32 (RL)to Commercial (COMM); and
33
34 WHEREAS, the subject property is located at 95710 Overseas Highway, Key Largo,
35 approximate mile marker 96, and is described as a parcel of land located in government lot 3,
36 Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real
37 estate number 00088350.000000; and
38
39 WHEREAS, Micran, Inc. operates a restaurant known as "Harriette's Restaurant" at the
40 subject property with a current FLUM designation of RL, which does not allow a commercial
Ord.No. -2015
Page 1 of 4
EXHIBIT A to RESOLUTION NO.2 5 4-2015
41 retail building in the current configuration, and the current use is therefore considered
42 nonconforming to the provisions of the current Comprehensive Plan; and
43 -
44 WHEREAS, Micran, Inc. is requesting a change to the FLUM designation in order to
45 eliminate the nonconformity for the existing commercial retail use; and
46
47 WHEREAS, at a regularly scheduled meeting held on the 17th day of December, 2013, the
48 Monroe County Development Review Committee considered the proposed amendment and
49 recommended approval, memorialized by Resolution DRC 08-13; and
50
51 WHEREAS, at a regularly scheduled meeting held on the 25th day of June, 2014, the Monroe
52 County Planning Commission held a public hearing for the purpose of considering the proposed
53 Future Land Use Map amendment; and
54
55 WHEREAS, the Monroe County Planning Commission made the following findings of fact
56 and conclusions of law:
57
58 1. The proposed FLUM is not anticipated to adversely impact the community character
59 of the surrounding area; and
60 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
61 adopted Level of Service; and
62 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
63 Monroe County Year 2010 Comprehensive Plan, contingent upon the adoption and
64 effectiveness of the BOCC directed amendment to Policy 101.4.20; and
65 4. The proposed amendment is consistent with the Key Largo Community Master Plan;
66 and
67 5. The proposed amendment is consistent with the Principles for Guiding Development
68 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
69 Statute; and
70 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
71
72 WHEREAS, the. Monroe County Planning Commission passed Resolution No. P22-14,
73 recommending to the Monroe County Board of County Commissioners approval of the proposed
74 amendment contingent upon the adoption and effectiveness of the BOCC directed amendment to
75 Policy 101.4.20; and
76
77 WHEREAS, at a regularly scheduled meeting held on the 16th day of September, 2015, the
78 Monroe County Board of County Commissioners held a public hearing, considered the staff
Ord.No. -2015
Page 2 of 4
EXHIBIT A to RESOLUTION NO2 54 -2015
79 report, and provided for public comment and public participation in accordance with the
80 requirements of state law and the procedures adopted for public participation in the planning
81 process, and approved Resolution No. -2015 to transmit to the State Land Planning Agency
82 (the Department of Economic Development, or "DEO") an ordinance to amend the subject
83 property's Future Land Use Map designation from Residential Low (RL) to Commercial
84 (COMM); and
85
86 WHEREAS, the Monroe County Board of County Commissioners makes the following
87 Conclusions of Law:
88 1. The ordinance is consistent with the Principles for Guiding Development in the
89 Florida Keys Area of Critical State Concern;
90 2. The ordinance is consistent with the provisions and intent of the Monroe County
91 Comprehensive Plan, contingent upon the adoption and effectiveness of the
92 amendment to Policy 101.4.20; and
93 3. The ordinance is consistent with the provisions and intent of the Monroe County
94 Code; and
95
96 WHEREAS, on , the State Land Planning Agency issued its Objections,
97 Recommendations, and Comments (ORC) report. The ORC report
98 states
99 and
100
101 WHEREAS, as a response to the ORC Report, Monroe County
102
103
104 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
105 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
106
107 Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
108 amended as follows:
109
110 The Future Land Use Map designation for the property described as a parcel of land
111 located in government lot 3, Section 12, Township 62 South, Range 38 East, Key
112 Largo, Monroe County, Florida, having real estate number 00088350.000000 is
113 changed from Residential Low (RL) to Commercial (COMM), as shown on
114 Exhibit 1, attached hereto and incorporated herein.
115
116 Section 2. Severabilit_y. If any section, subsection, sentence, clause, item, change, or provision
117 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
118 validity.
Ord.No. -2015
Page 3 of 4
EXHIBIT A to RESOLUTION NO.2 5 4-2015
119 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
120 with this ordinance are hereby repealed to the extent of said conflict.
121
122 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
123 State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
124
125 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
126 Secretary of the State of Florida but shall not become effective until a notice is issued by the
127 , State Land Planning Agency or Administration Commission finding the amendment in
128 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida
129 Statutes.
130
131 Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
132 incorporated in the Monroe County Year 2030 Comprehensive Plan and included on the Future
133 Land Use Map.
134
135 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
136 Florida, at a regular meeting held on the day of , 201 .
137
138
139 Mayor Danny L. Kolhage
140 Mayor Pro Tem Heather Carruthers
141 Commissioner George Neugent
142 Commissioner David Rice
143 Commissioner Sylvia Murphy
144
145
146 Attest: AMY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
147 OF MONROE COUNTY,FLORIDA
148
149 By: By:
150 Deputy Clerk Mayor Danny L. Kolhage
151
152 (SEAL)
MON OE COUNTY ATTORNEY
AP R VED AS T QRM:
7.
STEVEN T. WILLIAMS
ASSISTANT COVNTY ATTORNEY
Date !-7/
Ord.No. -2015
Page 4 of 4
Exhibit 1 to Ordinance# -2015
N
N. N /
N. \
\ \if
\/
r ;
/
N. /
\N/
I / I
l / I
1 // / `
+-'` ♦ E I
/.
t 1 \ ;/ I /' A
-e i% \ / I / /
/A, 1! ♦ - - s -- / I/
I j/ v
'` i \\ // I
N. , / I /// N r/\,
�� \ \ / / /\�4\ / \N
i�\ \\ \� /' / / \`Oti0 /`\
/ \N\ '`�-_ N\ % \�\ \� // II ,/�'\\\ ) 'LF\. \.
/ v N.
ri �� N NNv / I i / y �/ v.v/
// / �� \\\ \ .�/ II /"N N/• / .t/ N. \\,
00'08835o1040o00�'v. •
N ry vv I ' A % / v v'v
\ I FLUJV1''\froam RL ta.0 MM/
\ \ \ lI `\ / l N. / /
.� \. N. / / / \, >Q i\ \/ \N/< ,
• N
\\ • N.
\ ! j I //< \\ /t�iQ�/ \-\ ;/\ \y/, //\\
w. �e \\ // // \\ /�*/ \„'� /f / i/\,
7 / \\ ' N ( /
�e // I / / y ( ,�\ 'Ns/,\ \\ / ,/
\\\ ' / I /\<\ / N Y/ 'N < /
•
\ /' N. / '-' x
\ •
\N ` / `w , / \\ \\-� / T. \\• / /`� N.,/ //\
s.
/
NJ / N.O / N '
N \
/ ♦ I / N N. \:V / \ ,N.9 '\ / /
/ / ♦ \cs, ,N \. �� / \•• .
N NN
N
/ •!- \ 'N\ / //�\
i RL \ .\, \\/ f /
;/•
RH . �. \•�'
'� , N:\
The Monroe County Future Land Use Map is amended
as indicated above and described as follows:
Proposal: Future Land Use Map change of one parcel of land in Key Largo N
having Real Estate Number: 00088350-000000 from Residential Low (RL)
to Commercial (COMM).