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Item A1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 23, 2008 Bulk Item: Yes No X Division: Growth Management Department: Planning & Environmental Resources Staff Contact Person: Joseph Haberman, Principal Planner AGENDA ITEM WORDING: A public hearing to consider a transmittal of a resolution to the Department of Community Affairs at the request of the Monroe County Planning & Environmental Resources Department proposing to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) Real Estate Numbers 00211090.000000 and 00211100.000000 in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-511 of the Monroe County Code. ITEM BACKGROUND: The Planning Commission held a public hearing in Marathon on November 7, 2007 and based on the facts presented at the meeting, the Planning Commission recommended approval of the map amendment application to the Board of County Commissioners as memorialized as in Resolution No. P56-07. PREVIOUS RELEVANT COMMISSION ACTION: Continued from the March 19, 2008 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N.--A COST TO COUNTY: N-A BUDGETED: Yes No NIA SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes No N.--A AMOUNT PER MONTH: NIA Year APPROVED BY: County Attorney —X OMB Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # BOCC TRANSMITTAL RESOLUTION RESOLUTION NO. -2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) OF PROPERTY LEGALLY DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER SHORES ESTATES, RAMROD KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000 & 00211100.000000. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of the properties described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested future land use map designation change; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the draft ordinance for adoption of the proposed Future Land Use Map amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the first (1st) transmittal of comprehensive plan amendments for 2008 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 23rd day of May, A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA :1 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor McCoy MONROE At WHOMW AP ROED COUNTY OR ate: BOCC ORDINANCE ORDINANCE NO. -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) OF PROPERTY LEGALLY DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER SHORES ESTATES, RAMROD KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000 & 00211100.000000. WHEREAS, during a regularly scheduled public meeting held on March 19, 2008, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by the Monroe County Department of Planning & Environmental Resources to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5- 511 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Ramrod Key Swimming Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26 and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000; and WHEREAS, on February 17, 2000, the Board of County Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-2000 amended the Future Land Use Map (FLUM) designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous parcels to the South of Lot 2, were not included in either ordinance; and WHEREAS, on June 20, 2007, the Board of County Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it to the list of parks that allow animals; and WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance 027-2007 since their land use district designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office has indicated to the Planning & Environmental Resources Department that it is interested in amending Ordinance 027-2007 to include Lots 3 and 4; and WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and given their Future Land Use Map (FLUM) designations of Residential Conservation (RC) in 1997. Both dates were before a community park was planned for the site; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource -based recreational facilities; and 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) District is to establish and protect areas as parks, recreational areas and wildlife refuges; and 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 6. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendments are consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Ramrod Key Swimming Hole is county -owned and maintained. Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan, Monroe County may amend the property's land use district designation to Park and Refuge (PR); and b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) corresponds to the proposed Land Use District designation of Park and Refuge (PR); and 2. The proposed map amendments are consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5- 224 of the Monroe County Code; and b. The community park use of the property is an as -of -right permitted use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and 3. The proposed map amendments shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness.; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Planning & Environmental Resources Department Staff have found that all of the required standards shall be met and recommended approval of the application; and WHEREAS, the Monroe County Planning Commission held a public hearing in Marathon on November 7, 2007 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request as memorialized in Planning Commission Resolution No. P56-07; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Residential Conservation (RC) shall be designated Recreation (R) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. 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 invalidity. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. (This area has been intentionally left blank) s PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA �� (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor McCoy . .ry �� . :�v/// - Exhibit 1 to Ordinance# -2008 Niles Channel 0 CL 00211090-000000 00211100-000000 The Monroe County Future Land Use District Map is amended as indicated above. RE 00211090-000000 and RE 00211100-000000 - Change Future Land Use Map N Designation from Residential Commercial (RC) to Recreation (R). O M a F Z ON � � A Q I Y • �_r �� �' t �M1, # f _ , �� Y .+ok'� � n7. F F*i Y .yp :r: 06 rL +1 k 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 r4� t I MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Joseph Haberman, Principal Planner Through: Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources Date: March 3, 2008 Subject: Request for an Amendment to the Land Use District Map & Future Land Use Map Ramrod Key Swimming Hole, Ramrod Key, Mile Marker 26, Real Estate Numbers 00211090.000000 & 00211100.000000 Meeting: May 23, 2008 I REQUEST A request by the Monroe County Planning & Environmental Resources Department to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) and Land Use District designation from Native Area (NA) to Park and Refuge (PR)- in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-511 of the Monroe County Code. Existing Land Use District Map RC Existing Future Land Use Map A. Address: Ramrod Key Swimming Hole, Bay Shore Drive, Ramrod Key, Mile Marker 26 B. Legal Description: Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key C. Real Estate Number(s): 00211090.000000 & 0021 l 100.000000 D. Applicant/Petitioner: Monroe County Planning & Environmental Resources Department Page 1 of 8 Reviewed by __ _ W:1GROWTH MANAGEMENTIBOCCGMD Agenda Items120080523 Special Meeting Comp Plan Ramrod Park FLUM1200803I9 Ramrod Park FLUM Map Amendment BOCC SR.doc I E. Property Owner: Monroe County 2 3 II PROCESS 4 5 In accordance with the provisions set forth in Sec. 9.5-511 of the Monroe County Code 6 (MCC), amendments may be proposed by the Board of County Commissioners (BOCC), the 7 Planning Commission, the Director of Planning, owner or other person having a contractual 8 interest in property to be affected by a proposed amendment. The Director of Planning shall 9 review and process text and map amendment applications as they are received and pass them 10 on to the Development Review Committee and the Planning Commission for 11 recommendation and final approval by the BOCC. 12 13 The Planning Commission and the BOCC shall each hold at least one public hearing on a 14 proposed amendment. The Planning Commission shall review the application, the reports 15 and recommendations of the Department of Planning & Environmental Resources and the 16 Development Review Committee, and the testimony given at the public hearing, and shall 17 submit its recommendations and findings to the BOCC. The BOCC shall consider the report 18 and recommendation of the Planning Commission and the testimony given at the public 19 hearings and may either deny the application or adopt an ordinance approving the proposed 20 amendment. Ordinances are then reviewed by the Florida Department of Community 21 Affairs. 22 23 In the event of a written protest against an amendment signed by the owners of twenty (20) 24 percent or more either of the area of the lots or land included in the proposed amendment or 25 of the lots or land immediately adjoining the property to be affected and extending two 26 hundred (200) feet there from, such an amendment shall not become effective except by the 27 favorable vote of four (4) members of the BOCC. 28 29 III RELEVANT PRIOR COUNTY ACTIONS 30 31 On February 17, 2000, the BOCC passed 32 and adopted Ordinances 017-2000 and 019- 33 2000. Ordinance 017-2000 amended the 34 Future Land Use Map (FLUM) designation 35 of Block 3, Lot 2 of Silver Shores Estates 36 from Residential Conservation (RC) to 37 Recreation (R). Ordinance 019-2000 38 39 40 41 42 43 44 45 46 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4 were not included in either ordinance. Lot �� •.,- '� Lot On June 20, 2007, the BOCC passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added it to the list of parks that allow animals. Although Lots 3 and 4 are also being used by the park's visitors, Page 2 of 8 Reviewed by C:\Documents and Settingslte7.anos-mayra Local Settings Temporary Internet Files'OLK13BU0080319 Ramrod Park FLUM Map Amendment BOCC SR.doc I the parcels were excluded from Ordinance 027-2007 since their Land Use District 2 designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's 3 Office has indicated to the Planning & Environmental Resources Department that they are 4 interested in amending Ordinance 027-2007 to include Lots 3 and 4. 5 6 On August 21, 2007, the Development Review Committee conducted a review of the request 7 to amend the subject property's Future Land Use Map (FLUM) designation from Residential 8 Conservation (RC) to Recreation (R) and Land Use District designation from Native Area 9 (NA) to Park and Refuge (PR). Based upon findings of fact and conclusions of law, the 10 Development Review Committee and Director of Planning & Environmental Resources 11 recommended approval of the application to the Monroe County Planning Commission. The 12 recommendation was recorded in Development Review Committee Resolution No. D20-07. 13 14 IV BACKGROUND INFORMATION 15 16 A. Size of Site: Lot 3. 24,345 W total (0.56 acres) / Lot 4: 16,707 ftz total (0.38 acres) 17 B. Proposed Tier Designation: Tier I 18 C. Flood Zone: AE — EL 9; VE — EL 10 & VE — EL 11 19 D. Existing Use: Passive community park 20 E. Existing Vegetation / Habitat: Developed along the roadway and areas of mangrove and 21 scrub mangrove within the interior 22 F. Community Character of Immediate Vicinity: Developed single-family residential lots 23 and undeveloped vacant lots 24 25 V REVIEW OF APPLICATION 26 27 A. Consistency of the proposed amendment with the provisions and intent of the Monroe 28 County Year 2010 Comprehensive Plan: 29 30 Staff has determined that the proposed map amendments are consistent with the 31 provisions and intent of the Year 2010 Comprehensive Plan. 32 33 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan 34 that directly pertain to the proposed amendments include: 35 36 0 Chapter 3.12: Recreation and Open Space 37 38 Goal 1201: Monroe County shall provide a recreation and open space system to 39 conserve valuable natural resources and to provide recreational opportunities 40 adequate to serve the present and future population of Monroe County, including 41 permanent residents and visitors. 42 43 Objective 1201.4: By January 4, 1997, Monroe County shall revise the Land 44 Development Regulations to permit and facilitate park -related development 45 activities at county -owned sites. 46 Page 3 of 8 Reviewed by C \Documents and Settingsltezanos-mayraLocal Settings Temporary Internet Files--OLK13B120080319 Ramrod Park FLUM Map Amendment BOCC SR.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Policy 1201.4.1: Existing county -owned neighborhood and community parks shall be assigned to the Park and Refuge (PR) Land Use District. Policy 1201.4.2: Upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) Land Use District. Ramrod Key Swimming Hole is county -owned and maintained. If the park is to be expanded to include Lots 3 and 4, Policy 1201.4.2 directs Staff to designate the parcels' Land Use District designations as Park and Refuge (PR). • Chapter 3. 1: Future Land Use Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101 A Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.4.1: The principal purpose of the Residential Conservation (RC) land use category is to encourage preservation of open space and natural resources while providing for very low -density residential development in areas characterized by a predominance of undisturbed native vegetation. Low -intensity public uses and utilities are also allowed. Policy 101.4.9: The principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource - based recreational facilities. Staff has found that a passive community park use is consistent with the principal purpose of the future land use category of R and is not consistent with the principal purpose of the future land use category of RC. B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of the Monroe County Code, Land Development Regulations: Staff has determined that the proposed map amendments are consistent with the provisions and intent of MCC Chapter 9.5. In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: Page 4 of 8 Reviewed by C:-Documents and Settings -.temnos-mayra,Local SettingsTemporary Internet Files'-.OLK13B120080319 Ramrod Park FLUM Map Amendment BOCC SR.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; None. ii. Changed assumptions (e.g., regarding demographic trends); None. iii. Data errors, including errors in mapping, vegetative types and natural features described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan; None. iv. New issues; Prior to the 1986 adoption of the county's current land development regulations, the subject parcels were within a RU-1 district (Single -Family Residential). Their land use designation was changed to Native Area (NA) in 1986 with the adoption of the current regulations and they were given a corresponding FLUM designation of Residential Conservation (RC) in 1997. The parcels have been used as part of a passive park by the community for a number of years. The park is commonly known as the Ramrod Key Swimming Hole and also encompasses Lot 2 to the North. However, the park use is not permitted on Lots 3 and 4, since the NA District does not permit park uses (Lot 2 is within a PR District). Staff has determined that the parcels were designated as NA in 1986 and given their FLUM designations of RC in 1997. Both dates were before the site had first been used as a community park. In addition, Staff has found that park and public uses are more consistent with the purpose of the PR District than the purpose of the NA District. Pursuant to MCC Sec. 9.5-210, the purpose of the NA District is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. Pursuant to MCC Sec. 9.5-224, the purpose of the PR district is to establish and protect areas as parks, recreational areas and wildlife refuges. Furthermore, under a PR designation, the park may be officially expanded to include Lots 3 and 4. Pursuant to MCC Sec. 9.5-253, in the PR District, active and passive recreational uses, such as those within the Ramrod Key Swimming Hole, may be permitted as -of -right. v. Recognition of a need for additional detail or comprehensiveness; or Page 5 of S Reviewed by C: Documents and Settings-tezanos-mayra,Local Settings Temporary Internet Fi1es'-.OLKI3BQ0080319 Ramrod Park FLUM Map Amendment BOCC SR.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 In 2000, the BOCC passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4 were not included in either ordinance. In 2007, the BOCC passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added the site to the list of parks that allow animals. Although Lots 3 and 4 are also being used by persons who visit the park, the two lots were excluded from the language of the ordinance because their Land Use District designation of NA does not permit park uses. Staff has determined that in addition to Lot 2, Lots 3 and 4 have historically been used as part of the passive park and should be designated as PR in recognition for additional detail or comprehensiveness. vi. Data updates; None. C. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern: Staff has determined that the proposed map amendments are consistent with the Principles for Guiding Development as a whole and are not inconsistent with any principle. Specifically, Staff has found that the amendments further Principle (h), to protect the value, efficiency, cost-effectiveness and amortized life of existing and proposed major public investments. D. Impact on Community Character: The community character of the area is single-family residential. Staff has found that a passive community park benefits the general public by providing passive recreational opportunities of the community and is consistent with the single-family residential character. VI FINDINGS OF FACT 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal Page 6 of 8 Reviewed by C: Documents and Settings tezanos-mayra Local Settings'Temporary Internet Files'OLK13B120080319 Ramrod Park FLUM Map Amendment BOCC SR.doc I purpose of the Recreation (R) land use category is to provide for public and private 2 activity -based and resource -based recreational facilities; and 3 4 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to 5 Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) 6 District is to establish and protect areas as parks, recreational areas and wildlife refuges; 7 and 8 9 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not 10 intended to relieve particular hardships, nor to confer special privileges or rights on any 11 person, nor to permit a change in community character, as analyzed in Monroe County 12 Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of 13 changed conditions; and 14 15 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County 16 Board of County Commissioners may consider the adoption of an ordinance enacting the 17 proposed change based on one (1) or more of the following factors: (i) Changed 18 projections (e.g., regarding public service needs) from those on which the text or 19 boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) 20 Data errors, including errors in mapping, vegetative types and natural features described 21 in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail 22 or comprehensiveness; or (vi) Data updates; and 23 24 6. Map amendments shall be consistent with the Principles for Guiding Development in the 25 Florida Keys Area of Critical State Concern. 26 27 VIICONCLUSIONS OF LAW 28 29 1. The proposed map amendments are consistent with the provisions and intent of the 30 Monroe County Year 2010 Comprehensive Plan: 31 32 a. Ramrod Key Swimming Hole is county -owned and maintained. Therefore, in 33 accordance with Policy 1201.4.2 of the Monroe County Year 2010 34 Comprehensive Plan, Monroe County is mandated to amend the property's land 35 use district designation to Park and Refuge (PR); and 36 37 b. The community park use of the property is consistent with the purpose of the 38 Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy 39 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and 40 41 c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) 42 corresponds to the proposed Land Use District designation of Park and Refuge 43 (PR); and 44 45 2. The proposed map amendments are consistent with the provisions and intent of 46 Chapter 9.5 of the Monroe County Code: Page 7 of 8 Reviewed by C Documents and Settingsltczanos-mayraIocal Settings Temporary Internet Files OLK13B120080319 Ramrod Park FLLM Map Amendment BOCC SR.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5-224 of the Monroe County Code; and b. The community park use of the property is an as -of -right permitted use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and 3. The proposed map amendments shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5- 511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness.; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. VIII RECOMMENDATION Staff recommends APPROVAL to the Planning Commission and Board of County Commissioners Page 8 of 8 Reviewed by C: Documents and Settings,tezanos-mayra-,Local Settings Temporary Internet Files-.OLK13B120080319 Ramrod Park FLUM Map Amendment BOCC SR,doc PLANNING COMMISSION RESOLUTION NO. P56-07 MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION NO. P56-07 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF A REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) AND TO AMEND THE LAND USE DISTRICT DESIGNATION FROM NATIVE AREA (NA) TO PARK AND REFUGE (PR) OF PROPERTY LEGALLY DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER SHORES ESTATES, RAMROD KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000 & 00211100.000000. WHEREAS, during a regularly scheduled public meeting held on November 7, 2007, the Monroe County Planning Commission conducted a review and consideration of a request filed by the Monroe County Department of Planning & Environmental Resources to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) and Land Use District designation from Native Area (NA) to Park and Refuge (PR) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-51 l of the Monroe County Code; and WHEREAS, the subject property, commonly known as Ramrod Key Swimming Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26 and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000; and WHEREAS, the Planning Commission reviewed the following documents and other information relevant to the request: 1. Map Amendment application received by the Monroe County Planning & Environmental Resources Department on August 15, 2007; and Resolution No. P56-07 File No. M27086 Page l of 5 2. Staff report prepared by Joseph Haberman, Monroe County Planner, dated November 7, 2007; and 3. Development Review Committee Resolution No. D20-07; and 4. Sworn testimony of Monroe County Planning & Environmental Resources Department Staff; and 5. Sworn testimony of the general public; and 6. Advice and counsel of John Wolfe; and WHEREAS, on February 17, 2000, the Monroe County Board of County Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017- 2000 amended the Future Land Use Map (FLUM) designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019- 2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous parcels to the South of Lot 2, were not included in either ordinance; and WHEREAS, on June 20, 2007, the Monroe County Board of County Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it to the list of parks that allow animals; and WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance 027-2007 since their land use district designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office has indicated to the Planning & Environmental Resources Department that it is interested in amending Ordinance 027-2007 to include Lots 3 and 4; and WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and given their Future Land Use Map (FLUM) designations of Residential Conservation (RC) in 1997. Both dates were before a community park was planned for the site; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource -based recreational facilities; and Resolution No. P56-07 File No. M27086 Page 2 of 5 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) District is to establish and protect areas as parks, recreational areas and wildlife refuges; and 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 6. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Planning Commission makes the following Conclusions of Law: 1. The proposed map amendments are consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Ramrod Key Swimming Hole is county -owned and maintained. Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan, Monroe County may amend the property's land use district designation to Park and Refuge (PR); and b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) corresponds to the proposed Land Use District designation of Park and Refuge (PR); and 2. The proposed map amendments are consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: Resolution No. P56-07 File No. M27086 Page 3 of 5 a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5- 224 of the Monroe County Code; and b. The community park use of the property is an as -of -right permitted use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and 3. The proposed map amendments shall 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness.; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Planning & Environmental Resources Department Staff has found that all of the required standards shall he met and recommended approval of the application; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to RECOMMEND APPROVAL to the Board of County Commissioners of the request of the Monroe County Planning & Environmental Resources Department to amend the Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) and to amend the Land Use District designation from Native Area (NA) to Park and Refuge (PR) of property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211 l 00.000000. Resolution No. P56-07 File No. M27086 Page 4 of 5 PASSED AND ADOPTED BY THE PLANNING COMMISION of Monroe County, Florida, at a regular meeting held on the 7`h day of November, 2007. PLANNING COMMISSI 10-10 10 Signed this Chair Cameron Vice -Chair Wall Commissioner W' Commissioner P j Commissioner e IkyjC0) 2 S) YES YES YES YES YES , FLORIDA day of l%'7a4 / f , 2008. APPROVE 5 TD FORM AND LEG !n_�_ BY rmy's Of&A Resolution No. P56-07 File No. M27086 Page 5 of 5 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D20-07 i MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D20-07 A RESOLUTION RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF A REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) AND TO AMEND THE LAND USE DISTRICT DESIGNATION FROM NATIVE AREA (NA) TO PARK AND REFUGE (PR) OF PROPERTY LEGALLY DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER SHORES ESTATES, RAMROD KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000 & 00211100.000000. WHEREAS, during a regularly scheduled meeting held on August 21, 2007, the Development Review Committee of Monroe County conducted a review and consideration of the request by the Monroe County Department of Planning & Environmental Resources to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) and Land Use District designation from Native Area (NA) to Park and Refuge (PR) in accordance with Policy 1201.4.2 of the Monroe County Year 20I0 Comprehensive Plan and Section 9.5-511 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Ramrod Key Swimming Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26 and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000; and WHEREAS, the Development Review Committee reviewed the following documents and other information relevant to the request: 1. Map Amendment application received by the Monroe County Planning & Environmental Resources Department on August 15, 2007; and Resolution No. D20-07 Initials2V File No. M27086 Page I of 5 2. Staff report prepared by Joseph Haberman, Monroe County Planner, dated August 10, 2007; and WHEREAS, on February 17, 2000, the Monroe County Board of County Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017- 2000 amended the Future Land Use Map designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous parcels to the South of Lot 2, were not included in either ordinance; and WHEREAS, on June 20, 2007, the Monroe County Board of County Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it to the list of parks that allow animals; and WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance 027-2007 since their land use district designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office has indicated to the Planning & Environmental Resources Department that it is interested in amending Ordinance 027-2007 to include Lots 3 and 4; and WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and given their Future Land Use Map (FLUM) designations of Residential Conservation (RC) in 1997. Both dates were before a community park was planned for the site; and WHEREAS, based upon the information and documentation submitted, the Development Review Committee made the following Findings of Fact: 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource -based recreational facilities; and 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) District is to establish and protect areas as parks, recreational areas and wildlife refuges; and Resolution No. D20-07 File No. M27086 Initials Page 2 of 5 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 6. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. The proposed map amendments are consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Ramrod Key Swimming Hole is county -owned and maintained. Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan, Monroe County is mandated to amend the property's land use district designation to Park and Refuge (PR); and b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) corresponds to the proposed Land Use District designation of Park and Refuge (PR); and 2. The proposed map amendments are consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5- 224 of the Monroe County Code; and Resolution No. D20-07 File No. M27086 Initials Page 3 of 5 b. The community park use of the property is an as -of -right permitted use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and 3. The proposed map amendments shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness.; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Staff recommended approval to the Development Review Committee and the Director of Planning & Environmental Resources of the map amendment application; and WHEREAS, the Director of Planning & Environmental Resources has duly considered the recommendation of Staff and the information and documentation submitted by the Applicant; and NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the preceding Findings of Fact and Conclusions of Law support the decision to RECOMMEND APPROVAL to the Monroe County Planning Commission of the request of the Monroe County Planning & Environmental Resources Department to amend the Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) and to amend the Land Use District designation from Native Area (NA) to Park and Refuge (PR) of property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000. Date /g! Resolution No. D20-07 File No. M27086 Acting Director of Planning & Environmental Resources Page 4 of 5 Initials I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me the she executed the same WI ES my and and official seal in the County and State last aforesaid this la day of )2007. NOTARY PUBLft STATE OF MA RA X= •"� MOM Public • Stab of FkW40 • ,IIVCorrrr�Yon6Moy19. WX Corembslon #t 00296796 Resolution No. D20-07 Initials File No. M27086 Page 5 of 5