Ordinance 014-2007
ORDINANCE NO. 014 -2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
CANDUS ANDRUS, RICHARD AND ANN BUCKHOLZ, AND
FREDERICK ZYDECK TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION OF THE MONROE COUNTY YEAR 20IO
COMPREHENSIVE PLAN FOR THE FOLLOWING PROPERTIES
FROM RESIDENTIAL CONSERVATION (Re) TO RESIDENTIAL
MEDIUM (RM). THE PROPERTIES ARE PHYSICALLY LOCATED
ON TRINIDAD ROAD AND ARE LEGALLY DESCRIBED AS
BLOCK 1, LOTS 1,2,3, AND 4 BREEZESWEPT BEACH ESTATES,
PB4-143, RAMROD KEY, MONROE COUNTY, FLORIDA. THE
REAL ESTATE NUMBERS ARE: 00200790.000000, 00200800.000000,
00200810.000000 AND 00200820.000000, AT APPROXIMATELY
MILE MARKER 27.5.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on October 19, 2005 conducted a review and consideration of the
request filed by Candus Andrus, Richard and Ann Buckholz, and Frederick Zydeck to
amend the Future Land Use Map designation of the following properties from Residential
Conservation (Re) to Residential Medium (RM). The Land Use designation of each Lot
is Improved Subdivision (IS). The properties are physically located on Trinidad Road and
are legally described as Block 1 lots 1,2,3, and 4 Breezeswept Beach Estates, PB4-143,
Ramrod Key, Monroe County, Florida. The Real Estate Numbers are 00200790.000000,
00200800.000000,00200810.000000 and 00200820.000000, at approximate mile marker
27.5; and
WHEREAS, at its June 9, 2005 meeting in Marathon, the Development Review
Committee (DRC) reviewed the application and recommended approval of this Future
Land Use Map amendment as indicated in the DRC Resolution D20-05; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, the Planning Commission held a public hearing in Key Colony on
July 13, 2005 and based on the facts presented at the meeting, the Planning Commission
recommended approval ofthe request as indicated in Resolution No. P47-05; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Board of County Commissioners as indicated in the
Staff Report dated September 29,2005; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
1. The Advanced Identification of Wetlands (ADID) study, mandated by the 2010
Comprehensive Plan, placed these lots within the 'low quality' disturbed wetland
category. Development requires permits from Florida Department of Environmental
Protection (FDEP) and the U.S. Army Corps of Engineers (ACOE).
2. Pre-1986 zoning of the subject property was two family residential district RU-2.
The purpose of RU-2 zone was to provide residential areas in which duplexes may
be constructed and occupied.
3. During the 1986 Comprehensive Plan process, the land use (zoning) district
designation of the subject property was changed to Native Area (NA).
4. Section 9.5-210 states that 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.
5. BOCC Resolution No. 157-1991, signed on April 24, 1991, changed the land use
district from Native Area (NA) to Improved Subdivision (IS).
6. Section 9.5-213 states that the purpose of the IS district is to accommodate the
legally vested residential rights of the owners of lots in subdivisions that were
lawfully established and improved prior to the adoption of this chapter.
7. Section 9.5-511(d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
8. This map amendment is predicated on item number Iii and iv of Section 9.5-
511(d)(5) which cites "data errors" and "new issues" as viable reasons to pursue a
map amendment and zoning change.
9. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
shows that the lots with the IS designation in Breezeswept Beach Estates, received a
FLUM designation of Residential Medium (RM), consistent with their zoning
district. However, these lots received the Residential Conservation (RC)
designation, which corresponded with the land use district of Native Area.
10. Based on Policy 101.4.1 of the Comprehensive Plan, the principal purpose of the
Residential Conservation 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.
11. The proposed Residential Medium (RM) FLUM category corresponds with the
existing Improved Subdivision (IS) designation.
12. Policy 101.4.3 states that the principle purpose of the Residential Medium land
use category is to recognize those portions of subdivisions that were lawfully
established and improved prior to the adoption of this plan and to define improved
subdivisions as those lots served by a dedicated and accepted existing roadway, have
an approved potable water supply, and have sufficient uplands to accommodate the
residential uses.
13. Goal 105 of the Comprehensive Plan states that Momoe County shall undertake a
comprehensive land acquisition program and smart growth initiative that recognizes
that finite carrying capacity for new development in the Florida Keys.
14. Policy 105.2.1 states that Momoe County shall designate all lands outside of
mainland Momoe County into three general categories: Natural Area (Tier I);
Transition and Sprawl Reduction (Tier II); and Infill Area (Tier III).
15. Policy 105.2.1 further describes Tier III lands as areas where new development and
redevelopment are to be highly encouraged.
16. Goal 102 of the Comprehensive Plan states that Momoe County shall direct future
growth to lands which are intrinsically most suitable for development and shall
encourage conservation and protection of enviromnentally sensitive lands. The
proposed map amendment proposes no expansion of the development into the
enviromnentally sensitive lands.
17. Objective 101.11 of Comprehensive Plan states that Momoe County shall ensure that
at the time a development permit is issued, adequate public facilities are available to
serve the development at the adopted level of service standards concurrent with the
impacts of such development.
18. The 2005 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicate that there are no significant concerns regarding
impacts on public facilities; and
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
1. The lots are 'low quality' wetlands, as are many other developed lots in the
subdivision. Permits required for development of such parcels include payment of
mitigation monies into the Florida Keys Enviromnental Restoration Trust Fund,
which will be utilized for wetland restoration and enhancement while designed to
result in 'no net loss' of overall wetland habitat and function.
2. This map amendment meets the third (iii) and fourth (iv) criteria outlined in Section
9.5-511 of the Monroe County Land Development Regulations and will not have a
negative impact or alter the character of the properties or the immediate vicinity.
3. The proposed map amendments are supported by and consistent with Goal 105 and
Policy 105.2.1, which will ultimately encourage development to an appropriately
designated infill area, and hence away from an otherwise environmentally sensitive
area.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section!. The Board specifically adopts the findings of fact and conclusions oflaw stated
above.
Section 2. The previously described properties, which are currently designated
Residential Conservation (Re) shall be designated Residential Medium (RM) as shown
on the attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. 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; 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.
-Remainder of Page Intentionally Left Blank-
Ordinance Andrus, Buckholz, and Zydeck FLUM amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 21st day of Kay ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
No~ PreRent
Yes
Yes
YPR
YP.R
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY ~4~
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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1 Exhibit 1 to Ordinance# oltf -20071
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The Monroe County Future Land Use Map is amended
as indicated above.
RE 00200790-000000, RE 00200800-000000, RE 00200810-000000 and
RE 00200820-000000 - Change Future Land Use Map Designation from
Residential Conservation (RC) to Residential Medium (RM).
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FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (COORS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (COORS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. COORS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)245-6270 or Suncom 205-6270.
COUNTY: MONROE
PRIMARY KEYFIELD
DESCRIPTOR: (ZONING CLASSIFICTION)
SECONDARY KEYFIELD
DESCRIPTOR: (BUILDING/DEVELOPMENT)
OTHER KEYFIELD
DESCRIPTOR: (LAND USE PLANNING)
ORDINANCE DESCRIPTION: (AMEND LAND USE BREEZESWEPT EST RAMROD KEY)
(25 characters maximum including spaces)
COUNTY ORDINANCE # 014- 2007
ORDINANCES AMENDED: (Ust below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT # 1:
AMENDMENT #2:
AMENDMENT #3:
AMENDMENT #4:
AMENDMENT #5:
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL # 1: (
REPEAL # 2: (
)
)
REPEAL # 3: (
REPEAL # 4: (
)
)
(Others repealed: List all that apply):
(FOR OFFICE USE ONLY):
COUNTY CODE NUMBER: C _ _ _ _ __)
KEYFIElD 1 CODE: C___________)
KI;YFIELD 3 CODE: (
KEYFIELD 2 CODE: C _ _ _ _ _ _ _ _ _ __)
)
Rev. 4/10/01
CHARLIE CRI:ST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 7, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhag(~:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 1,2007 and certified copies of Monroe County Ordinance Nos. 009-2007 through 024-
2007, which were filed in this office on June 4,2007.
Sincerely,
~(]j~f1
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
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LEGISLATIVE LIBRARY SERVICE
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RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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