Ordinance 018-2009
ORDINANCE NO. 018 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY RUDOLPH & ROSEANN
KRAUSE TRUSTEES TO AMEND THE FUTURE LAND USE (FLUM)
DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER AS 00114150.000400
AND A PORTION OF PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00114150.000000;
PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a special scheduled public meeting held on January 26, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration of a
request filed by Roseann & Rudolph Krause, to amend the subject property's Future Land Use
Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and 99.5-
511 of the Monroe County Code; and
WHEREAS, the subject property is located at 26351 Old State Road 4A, Ramrod Key,
approximate mile marker 26.5, and is legally described as 31 66 29 Ramrod Key, Pt Lot 1,
Monroe County, Florida, having Real Estate Number 00091090.000000; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for the western portion (8.46 acres) of real estate
number 00115140.000000 and the entire parcel (3.01 acres) of real estate number
0114150-000400.
2. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 101 manages future growth to enhance the quality of life.
3. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Objective 101.4 which maintains the community characters and
protects natural resources by regulating future development and redevelopment.
Page 2 of 4
4. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Policy 101.4.5 which establishes the Mixed Use / Commercial
FLUM criteria.
5. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 105 which implements smart growth policies and recognizes
the finite capacity for new development without compromising the natural environment
and directs development into Tier III lands.
6. Staff has determined that the proposed FLUM amendment is consistent with the
following provisions and intent of Sec. 9.5-511(d)(5)b of the Monroe County Code, Land
Development Regulations: (iii) Data errors, (iv) New issues and (v) Data updates.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle. The proposed area
is cleared, scarified and developed and will not significantly affect natural resources.
8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character. Staff has determined the proposed future land
use map designation to Mixed Use / Commercial (MC) will not adversely change
community character.
9. Local roads are already in place and have been well maintained.
10. The 11.47 acres are scarified and developed. Effects on natural resources are not
anticipated.
11. The proposed FLUM amendment will encourage commercial development to remain on
disturbed lands rather than encroaching on environmentally sensitive area.
12. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a
LOS of "A" from East Shore Drive to Torch Ramrod Bridge (MM 25 to MM 27.5).
13. The FLUM amendment may affect solid waste. Monroe County has a haul out contract
through September 20, 2016 which provides the capacity to remove any solid waste.
14. The 100 gallons per person per day of potable water is commonly accepted as appropriate
and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
15. MCC Section 114-4 requires that all developments retain stormwater on site following
Best Management Practices (BMP's).
16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
encourage infill development to remain on already existing developed land.
WHEREAS, the Planning & Environmental Resources Department Staff has found that
all of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 4, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
Page 3 of 4
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Residential Low (RL)
shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which are
hereby incorporated by reference and attached as Exhibits 1 and 2.
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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
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Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
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BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FL~ J....
BY )'--Lc n~,e.(I '"
Mayor George Neugent
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,^T'PEST: DANNY L. KOLHAGE, CLERK
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I Exhibit 1 to Ordinance#
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future land Use change of RE 00114150-000400 and a portion of
RE 00114150-000000 from Residential low (Rl) to
Mixed Use/Commerical (MC)
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[Existing Land Use] Tier Designation -� Habitat Type I Number of Protected Species
BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
August 7, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2181
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 018-2009 approving the request by Roseann & Rudolph Krause, Trustees
to amend the Future Land Use (FLUM) designation from Residential Low (RL) to Mixed
Use/Commercial (MC) for property legally described as Section 31, Township 66 South, Range
29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number as
00114150.000400 and a portion of property legally described as Section 31, Township 66 South,
Range 29 East, Ramrod Key, Pt 1 Monroe County, Florida, having real estate number
00114150.000000; Providing for severability and repeal of inconsistent provisions; Providing for
transmittal to the Department of Community Affairs; Providing for an effective date.
Ordinance No. 019-2009 approving the request by Lloyd A. Good, Jr., to amend the
Future Land Use Map (FL UM) designation from Residential Conservation (RC) to Mixed
Use/Commercial (MC) for a portion of property legally described as Section 3, Township 67,
Range 27, Sugarloaf Key, Pt Lot 3 & Pt Lot 4, Monroe County, Florida, having Real Estate
Number 00118420.000000; Providing for severability and repeal of inconsistent provisions;
Providing for transmittal to the Department of Community Affairs; Providing for an effective
date.
These Ordinances were previously submitted to you with the wrong Ordinance
numbers of Ordinance No. 018-2008 and Ordinance No. 019-2008. Please file these
corrective Ordinances into the record. Should you have any questions please feel free to
contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
U.S. Postal Servicew I
CERTIFIED MAILlf1 RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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. Attach thiS carolO"tftI back of the mail piece,
or on the front If space permits.
1. Article AddfeSS8d to:
Program Adm\n\stratar
Administrative code and Weekly
R.A. Gray BuHd\ng
'100 South Bronaugh Street
"l\1ahassee, Florida 32399-0250
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FLORIDA DEPARTMENT or STATE.
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
August 18,2009
Honorable Danny L. Kolhage
Cierk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated August 7, 2009 and certified copies of Monroe County Ordinance Nos. 018-2009 and 019-
2009, which were filed in this office on August 13,2009.
Sincerely,
~~
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florid.l 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
ST ATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
ORDINANCE NO. 018 -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY RUDOLPH & ROSEANN
KRAUSE TRUSTEES TO AMEND THE FUTURE LAND USE (FLUM)
DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER AS 00114150.000400
AND A PORTION OF PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00114150.000000;
PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a special scheduled public meeting held on January 26, 2009, the
Monroe County Board of County Commissioners conducted a review and consideration of a
request filed by Roseann & Rudolph Krause, to amend the subject property's Future Land Use
Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC) in
accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and 99.5-
511 of the Monroe County Code; and
WHEREAS, the subject property is located at 26351 Old State Road 4A, Ramrod Key,
approximate mile marker 26.5, and is legally described as 31 66 29 Ramrod Key, Pt Lot 1,
Monroe County, Florida, having Real Estate Number 00091090.000000; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for the western portion (8.46 acres) of real estate
number 00115140.000000 and the entire parcel (3.01 acres) of real estate number
0114150-000400.
2. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 101 manages future growth to enhance the quality of life.
3. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Objective 101.4 which maintains the community characters and
protects natural resources by regulating future development and redevelopment.
Page 2 of 4
4. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Policy 101.4.5 which establishes the Mixed Use / Commercial
FLUM criteria.
5. The proposed FLUM amendment is consistent with Monroe County Year 2010
Comprehensive Plan Goal 105 which implements smart growth policies and recognizes
the finite capacity for new development without compromising the natural environment
and directs development into Tier III lands.
6. Staff has determined that the proposed FLUM amendment is consistent with the
following provisions and intent of Sec. 9.5-511 (d)( 5)b of the Monroe County Code, Land
Development Regulations: (iii) Data errors, (iv) New issues and (v) Data updates.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle. The proposed area
is cleared, scarified and developed and will not significantly affect natural resources.
8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character. Staff has determined the proposed future land
use map designation to Mixed Use / Commercial (MC) will not adversely change
community character.
9. Local roads are already in place and have been well maintained.
10. The 11.47 acres are scarified and developed. Effects on natural resources are not
anticipated.
11. The proposed FLUM amendment will encourage commercial development to remain on
disturbed lands rather than encroaching on environmentally sensitive area.
12. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a
LOS of "A" from East Shore Drive to Torch Ramrod Bridge (MM 25 to MM 27.5).
13. The FLUM amendment may affect solid waste. Monroe County has a haul out contract
through September 20, 2016 which provides the capacity to remove any solid waste.
14. The 100 gallons per person per day of potable water is commonly accepted as appropriate
and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan.
15. MCC Section 114-4 requires that all developments retain stormwater on site following
Best Management Practices (BMP's).
16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
encourage infill development to remain on already existing developed land.
WHEREAS, the Planning & Environmental Resources Department Staff has found that
all of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 4, 2008 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
Page 3 of 4
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Residential Low (RL)
shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which are
hereby incorporated by reference and attached as Exhibits 1 and 2.
Section). 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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
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Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
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BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FL~ -L..
BY ~~c n~,e.(f ~
Mayor George Neugent
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\.~TTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
Page 4 of 4
1 Exhibit 1 to Ordinance#
-20091
Overseas Hwy.
00114150-000400
The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: Future Land Use change of RE 00114150-000400 and a portion of
RE 00114150-000000 from Residential Low (RL) to
Mixed Use/Commerical (MC)
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• The Moruoe County Future Lard Use Map is proposed to 1"I'----—- - -
I be amended as indgted above and briefly described as: - Ill
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FLORIDA DEPARTMENT or STATE
. - .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 18,2009
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. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through
022-2009, which were filed in thIS office on June 15,2009.
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Liz Cloud
Program Administrator
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DI\llCTOR'S OFFl(;E
Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0
850.L45.6600 .. FAX: 850.215.673:i .. TDD: 850.9?2.4085 .. hti,.llrllis.dos.state.f1.us
COMMUNITY DEVEI.OPMEN T
850.245.6600 .. FAX: tiSJ.245.6fA3
-' ",HE LiBf,ARr' OF FVJRIDA
85.') :? 45.660G to FA-'X: 850.2< 5.6744
STATE ARCHIVES OF FLORIDA
850.2'L56700 .. FAX: 250.4S8.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 .. FAX: f,;).488.9879
kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES
850 -'45.6750 '" FAX: 850.)'-:':6:t)5
ADMINISTRATIVE CODE AND WEEKLY
850.//;; 62~O .. FAX: 850.24).6282
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