Ordinance 010-2016r
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 010 - 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY LAND USE DISTRICT (ZONING) MAP FROM
SUBURBAN RESIDENTIAL (SR) TO COMMERCIAL 2 (C2), 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
AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 25, 2013, Micran, Inc. submitted an application requesting to amend the
Monroe County Land Use District (Zoning) map from Suburban Residential (SR) to Commercial 2
(C2); 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 Zoning designation of SR, which does not allow a commercial
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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 Land Development Code; and
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4 WHEREAS, Micran, Inc. is requesting a change to the Zoning 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 09 -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 Zoning map amendment; and
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15 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P23 -14,
16 recommending to the Monroe County Board of County Commissioners approval of the proposed
17 amendment contingent upon the adoption and effectiveness of the corresponding FLUM
18 amendment; and
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20 WHEREAS, at a regularly scheduled meeting held on the 16` day of September, 2015, the
21 Monroe County Board of County Commissioners held a public hearing, considered the staff
22 report, and provided for public comment and public participation in accordance with the
23 requirements of state law and the procedures adopted for public participation in the planning
24 process, and approved Resolution No. 254 -2015 to transmit to the State Land Planning Agency
25 (the Department of Economic Development, or "DEO ") an ordinance to amend the subject
26 property's Future Land Use Map designation from Residential Low (RL) to Commercial
27 (COMM); and
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29 WHEREAS, on January 5, 2016, the County received the State Land Planning Agency's
30 Objections, Recommendations, and Comments (ORC) report, which included no objections or
31 comments on the proposed FLUM amendment;
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33 WHEREAS, based upon the documentation submitted and information provided in the
34 accompanying staff report, the BOCC makes the following Findings of Fact:
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36 1. Prior to the 1986 adoption of the County's current land development regulations and
37 their associated land use district maps, the subject property was within a BU -1 (Light
38 Business) zoning district;
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40 2. In 1986, the property was rezoned to its current Land Use District designation of
41 Suburban Residential (SR);
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2 3. With the adoption of the Comprehensive Plan's Future Land Use Map in 1997, the
3 subject parcel was given its current Future Land Use Map designation of Residential
4 Low (RL);
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6 4. Map amendments to the Monroe County Land Use District Map shall not be
7 inconsistent with the provisions and intent of the Monroe County Comprehensive
8 Plan; and
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10 5. Monroe County Code § 102 -158 states that map amendments are not intended to
11 relieve particular hardships, nor to confer special privileges or rights on any person,
12 nor to permit a change in community character, as analyzed in Monroe County
13 Comprehensive Plan, but only to make necessary adjustments in light of changed
14 conditions; and
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16 6. Monroe County Code §102- 158(d)(5)(b) provides that one or more of the following
17 criteria must be met for a map amendment:
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19 a. Changed projections (e.g., regarding public service needs) from those on which
20 the text or boundary was based;
21 b. Changed assumptions (e.g., regarding demographic trends);
22 c. Data errors, including errors in mapping, vegetative types and natural features
23 described in volume I of the plan;
24 d. New issues;
25 e. Recognition of a need for additional detail or comprehensiveness;
26 f. Data updates;
27 g. For FLUM changes, the principles for guiding development as defined in the
28 Florida Statutes relating to changes to the comprehensive plan; and
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30 7. Map amendments to the Monroe County Land Use District Map shall not be
31 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
32 Critical State Concern; and
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34 WHEREAS, the Monroe County Board of County Commissioners makes the following
35 Conclusions of Law:
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37 1. The proposed map amendment is consistent with the provisions of the Monroe
38 County Code:
39 a. The existing uses of the property are consistent with the purpose of the
40 Commercial 2 (C2) Land Use District, as set forth in MCC § 130 -52;
41 b. The existing uses of the property are permitted as permitted uses in the
42 Commercial 2 (C2) Land Use District, as set forth in MCC §130 -103;
43 c. As required by MCC § 102 -158, the map amendment does not relieve particular
44 hardships, nor confer special privileges or rights on any person, nor permit a
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I change in community character, as analyzed in the Monroe County Year 2010
2 Comprehensive Plan;
3 d. As required by MCC § 102- 158(d)(5)b.3., the map amendment is needed due to
4 data errors; and
5 e. As required by MCC §102- 158(d)(5)b.6., the map amendment is needed due to a
6 need for additional detail or comprehensiveness; and
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8 2. The proposed map amendment is consistent with the provisions and intent of the
9 Monroe County Year 2010 Comprehensive Plan:
10 a. The Commercial 2 (C2) Land Use District corresponds with the Future Land Use
11 Map designation of Commercial (COMM), and is consistent with the respective
12 density and intensity as set forth in Policy 101.4.22;
13 b. The Commercial 2 (C2) Land Use District is consistent with the purpose of the
14 Commercial (COMM) Future Land Use Map designation, as set forth in Policy
15 101.4.21; and
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17 3. The proposed map amendment is not inconsistent with the Principles for Guiding
18 Development in the Florida Keys Area of Critical State Concern.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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23 Section 1. The Monroe County Land Use District (Zoning) Map is amended as follows:
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25 The Monroe County Land Use District (Zoning) Map designation for the property
26 described as a parcel of land located in government lot 3, Section 12, Township 62
27 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate
28 number 00088350.000000 is changed from Suburban Residential (SR) to
29 Commercial 2 (C2), as shown on Exhibit 1, attached hereto and incorporated
30 herein.
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32 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision
33 of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
34 validity.
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36 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict
37 with this ordinance are hereby repealed to the extent of said conflict.
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39 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
40 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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42 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
43 Florida but shall not become effective until approved by the Florida State Land Planning Agency
44 and, if appealed, until the appeal is resolved pursuant to Chapter 120 of the Florida Statutes.
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Ord. No 0 _2016
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Section 6. Inclusion on the Monroe County Code's Official Land Use District May The
provisions of this Ordinance shall be included and incorporated on to the Official Land Use
District Map of Monroe County.
Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the � day of - 1 J�. 2016.
Mayor Heather Carruthers
13 Mayor Pro Tern George Neugent
14 Commissioner Danny Kolhage
15 Commissioner David Rice
16 Commissioner Sylvia Murphy
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18 ��O¢=
19 ,� t om, �' _ VILIN, CLERK
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Y
N P resent
Y
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU Y, DA
By:
Mayo Heat r arruthers
MONROE COUNTY ATTORNEY
P ROVED J A O FOR
7. STEVEN T. WILLIAMS
ASSISTANT���U ATTORNEY
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Ord. No. 010 -2016
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The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land in Key Largo having Real Estate Number 00088350- 000000
from Suburban Residential (SR) to Commercial 2 (C2).
n
AMY HEAVILIN, 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. 010 -2016 AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT (ZONING)
MAP FROM SUBURBAN RESIDENTIAL (SR) TO COMMERCIAL 2 (C2), 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 AMENDMENT TO THE LAND USE DISTRICT (ZONING) 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.
Respectfully su i t� ee - d __ ,
OC IS
Amy Hea lin, CPA,
Clerk oft 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. 010 -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.tl.us