Ordinance 009-2016FA
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 009 - 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL LOW
(RL) TO COMMERCIAL (COMM), FOR PROPERTY LOCATED
AT 95710 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE
MILE MARKER 96, DESCRIBED AS A PARCEL OF LAND
LOCATED IN GOVERNMENT LOT 3, SECTION 12, TOWNSHIP
62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00088350.000000,
AS PROPOSED BY MICRAN, INC.; 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 July 25, 2013, Micran, Inc. submitted an application requesting to amend the
Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan from Residential Low
(RL) to Commercial (COMM); and
WHEREAS, the subject property is located at 95710 Overseas Highway, Key Largo,
approximate mile marker 96, and is described as a parcel of land located in government lot 3,
Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real
estate number 00088350.000000; and
WHEREAS, Micran, Inc. operates a restaurant known as "Harriette's Restaurant" at the
subject property with a current FLUM designation of RL, which does not allow a commercial
Ord. No. -2016
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1 retail building in the current configuration, and the current use is therefore considered
2 nonconforming to the provisions of the current Comprehensive Plan; and
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4 WHEREAS, Micran, Inc. is requesting a change to the FLUM designation in order to
5 eliminate the nonconformity for the existing commercial retail use; and
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7 WHEREAS, at a regularly scheduled meeting held on the 17` day of December, 2013, the
8 Monroe County Development Review Committee considered the proposed amendment and
9 recommended approval, memorialized by Resolution DRC 08 -13; and
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11 WHEREAS, at a regularly scheduled meeting held on the 25` day of June, 2014, the Monroe
12 County Planning Commission held a public hearing for the purpose of considering the proposed
13 Future Land Use Map amendment; and
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15 WHEREAS, the Monroe County Planning Commission made the following findings of fact
16 and conclusions of law:
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18 1. The proposed FLUM is not anticipated to adversely impact the community character
19 of the surrounding area; and
20 2. The proposed FLUM is not anticipated to adversely impact the Comprehensive Plan
21 adopted Level of Service; and
22 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2010 Comprehensive Plan, contingent upon the adoption and
24 effectiveness of the BOCC directed amendment to Policy 101.4.20; and
25 4. The proposed amendment is consistent with the Key Largo Community Master Plan;
26 and
27 5. The proposed amendment is consistent with the Principles for Guiding Development
28 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
29 Statute; and
30 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
31 and
32 WHEREAS, the Monroe County Planning Commission passed Resolution No. P22 -14,
33 recommending to the Monroe County Board of County Commissioners approval of the proposed
34 amendment contingent upon the adoption and effectiveness of the BOCC directed amendment to
35 Policy 101.4.20; and
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37 WHEREAS, at a regularly scheduled meeting held on the 16` day of September, 2015, the
38 Monroe County Board of County Commissioners held a public hearing, considered the staff
Ord. No. 009 -2016
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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 approved Resolution No. 254 -2015 to transmit to the State Land Planning Agency
(the Department of Economic Development, or "DEO ") an ordinance to amend the subject
property's Future Land Use Map designation from Residential Low (RL) to Commercial
(COMM); and
WHEREAS, on January 5, 2016, the County received the State Land Planning Agency's
Objections, Recommendations, and Comments (ORC) report, which included no objections or
comments on the proposed FLUM amendment;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The ordinance is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern;
2. The ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan, contingent upon the adoption and effectiveness of the
amendment to Policy 101.4.20; and
3. The ordinance is consistent with the provisions and intent of the Monroe County
Code; and
WHEREAS, on April 13, 2016, the Monroe County Board of County Commissioners held a
public hearing and adopted the Monroe County Year 2030 Comprehensive Plan, including the
aforementioned amendment to Policy 101.4.20;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is
amended as follows:
The Future Land Use Map designation for the property described as a parcel of land
located in government lot 3, Section 12, Township 62 South, Range 38 East, Key
Largo, Monroe County, Florida, having real estate number 00088350.000000 is
changed from Residential Low (RL) to Commercial (COMM), as shown on
Exhibit 1, 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.
Ord. No. 009 -2016
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27.
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, and if challenged until such challenge is resolved pursuant to Chapter 120, Florida
Statutes.
Section 6. Inclusion in the Comprehensive Plan. The foregoing amendment shall be
incorporated in the Monroe County Year 2030 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 Ad day of , 2016.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
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VILIN, CLERK
Yes
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BOARD OF COU TY COMMISSIONERS
OF MONROE T L RID
By:
Ma/or He r Carruthers
MO COUNTY ATTORNEY
ROVED AS 1FORM:
l.J
STEVEN T. WILLIAMS
ASSISTANT,C�Q�J1�►� ATTORNEY
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Ord. No. 0g0 -2016
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of one parcel of land in Key Largo
having Real Estate Number: 00088350 - 000000 from Residential Low (RL) to Commercial (COMM). N
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
July 8, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 009 -2016 AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP FROM
RESIDENTIAL LOW (RL) TO COMMERCIAL (COMM), FOR PROPERTY LOCATED AT 95710 OVERSEAS
HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 96, DESCRIBED AS A PARCEL OF LAND LOCATED
IN GOVERNMENT LOT 3, SECTION 12, TOWNSHIP 62 SOUTH, RANGE 38 EAST, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00088350.000000, AS PROPOSED BY MICRAN, INC.;
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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in
formal session, on April 20, 2016. Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Red ectfully sVDitle ,
(I Amy H e ihn, ,
Clerk o e Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146
RICK SCOTT
Governor
July 8, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
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. 009 -2016, which was filed in this office on July 8, 2016.
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.il.us