Item O7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 Division: Growth Management
Bulk Item: Yes _ No X Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider a resolution transmitting to the State Land
Planning Agency 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, MM96, Key Largo, 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. (Legislative Proceeding) Staff request this item to be continued to Sept. 2015
BOCC Meeting.
ITEM BACKGROUND: The applicant, Micran, Inc., operates a restaurant at 95710 Overseas Highway in Key
Largo known as "Harriette's Restaurant." The subject property currently has a Future Land Use Map (FLUM)
designation of Residential Low (RL) and a Land Use District (LUD) designation of Suburban Residential (SR).
The current use in its present configuration is nonconforming to the provisions of the current Comprehensive
Plan. The applicant is requesting a change to the FLUM designation in order to eliminate the nonconformity.
Pursuant to Policy 101.4.20 (discouragement policy) of the Comprehensive Plan, the applicant would be
responsible for mitigation for an increase in nonresidential intensity. On January 14, 2015, the BOCC
transmitted to the State Comprehensive Plan amendments including changes to Policy 101.4.20 which eliminate
the requirement for mitigation for increases in nonresidential intensity. The County has received the ORC report
from DEO regarding this amendment and there were no objections to Policy 101.4.20. If the amendment is
adopted and becomes effective, the proposed FLUM amendment would not be subject to mitigation. If not, the
applicant must show compliance with this policy prior to BOCC adoption of the proposed FLUM amendment.
If the BOCC votes to transmit the proposed comprehensive plan FLUM amendment to the State, the State Land
Planning Agency will review the proposed amendment and issue an Objections, Recommendations and
Comments (ORC) Report, addressing any issues with internal consistency, data and analysis, or consistency
with the statutes or the Principles for Guiding Development. Upon receipt of the ORC report, the BOCC will
have 180 days to adopt the amendment, adopt the amendment with changes or not adopt the amendment.
PREVIOUS RELEVANT BOCC ACTION: Monroe County Resolution #127-2012, adopted by the BOCC on
April 18, 2012, allows an applicant to apply for a LUD and/or FLUM designations that would eliminate the
nonconforming use created with the adoption of the existing designations and not create an adverse effect on the
community, provided the existing use existed lawfully in 1992 and 1997.
On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, creating Policy 101.4.20
discouraging private applications for future land use changes which increase allowable density/intensity. This
amendment was found in -compliance by the State Land Planning Agency and became effective upon the
issuance of DEO's Notice of Intent on November 20, 2012.
On January 14, 2015, the Monroe County BOCC adopted Resolution 026-2015, transmitting to the State Land
Planning Agency amendments to the Monroe County Comprehensive Plan including changes to Policy 101.4.20
(discouragement policy) which eliminate the requirement for mitigation for increases in nonresidential intensity.
The County has received the ORC report from DEO regarding this amendment and there were no objections to
Policy 101.4.20.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty� OMB/Purchasing Risk Management
DOCUMENTATION: Included _ X Not Required
DISPOSITION: AGENDA ITEM #