Ordinance 029-20101
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6 ORDINANCE NO. 029 -2010
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9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
10 COUNTY COMMISSIONERS REPEALING AND RESCINDING
11 ORDINANCE 018-2009 AND APPROVING AN AMENDMENT TO
12 THE FUTURE LAND USE (FLUM) DESIGNATION FROM
13 RESIDENTIAL LOW (RL) TO RAMROD KEY MIXED USE AREA
14 1 FOR RE # 00114150-000400 (2.6 ACRES) AND FOR PORTION OF
15 RE # 00114150-000000 (8.46 ACRES), RAMROD KEY, MONROE
16 COUNTY, FLORIDA, GULF SIDE, APPROXIMATELY MILE
17 MARKER 26.5; PROVIDING FOR SEVERABILITY; DIRECTING
18 THE DIRECTOR OF PLANNING TO FORWARD A COPY TO
19 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
20 PROVDING FOR FILING WITH THE SECREATARY OF STATE;
21 PROVIDING FOR THE INCORPORATION INTO THE
22 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
23 DATE
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27 WHEREAS, Roseann & Rudolph Krause (Applicant) submitted an application to amend
28 the Monroe County 2010 Comprehensive Plan on April 29, 2008 from Residential Low (RL) to
29 Mixed Use / Commercial on the entire RE # 00114150-000400 (2.6 acres) and on a portion of
30 RE # 00114150-000000 (8.46 acres); and
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32 WHEREAS, a public hearing took place on January 26, 2009 to consider transmittal of a
33 Resolution 2009-003 to the Florida Department of Community Affairs (DCA) at the request of
34 Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future
35 Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial
36 (MC); and
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38 WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to
39 the 09-01 Monroe County Comprehensive Plan Amendment package and the Monroe County
40 (County) responded to the ORC Report; and
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P. 1 of 3
Exhibit 1— Settlement Agreement
BOCC: October 20, 2010
Exhibit A — Statement of Intent
Exhibit B — Sub -Area Policy
Exhibit B-1— DCA's Aerial Conservation Easement with Berm
Exhibit B-2 — Monroe County's Map/Diagram Conservation Easement with Berm
Exhibit C — Future Land Use Map of Ramrod Key Mixed Use Area 1
Exhibit D — Conservation Easement
Exhibit 2 — Monroe County's Future Land Use Map
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WHEREAS, on June 2, 2009, the Future Land Use Map amendment was adopted by the
BOCC by Ordinance 018-2009; and
WHEREAS, Ordinance 018-2009 was the subject of DOAH Case No. 09-4153GM
between the DCA, the County and the Applicant, as Intervernors; and
WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement
Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section
163.3184(10), Florida Statutes, and Rule 9J-11.012(6), F.A.C.; and
WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and
the Settlement Agreement was approved by the County on October 20, 2010 and the DCA on
October 20, 2010; and
WHEREAS, the Settlement Agreement includes proposed text (Exhibit B of attached
Settlement Agreement Exhibit 1) to be added to the Monroe County Comprehensive Plan
designating Ramrod Key Mixed Use Area 1 (Exhibit B-2) that includes specific regulations that
allow development to occur subject to limitations and conditions designed to protect natural
resources; and
WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1;
and
WHEREAS, the Settlement Agreement (Exhibit 1) further requires the adoption of a
Future Land Use Map amendment from Residential Low (RL) to Ramrod Key Mixed Use Area 1
for the area delineated on Exhibit B-1 and Exhibit B-2, containing 11.06 acres, encompassing a
portion of RE # 00114150-000000 (8.46 acres) and all of RE # 00114150-000400 (2.6 acres).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Ordinance 018-2009 is hereby repealed and rescinded.
Section 2. The Future Land Use Map designation for all of RE # 00114150-000400 (2.6
acres) and a portion of RE # 00114150-000000 (8.46 acres) is amended on the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
from Residential Low (RL) to Ramrod Key Mixed Use Area 1, containing 11.06
acres as shown on Exhibit 2.
P. 2 of 3
Exhibit 1— Settlement Agreement
BOCC: October 20, 2010
Exhibit A — Statement of Intent
Exhibit B — Sub -Area Policy
Exhibit B-1— DCA's Aerial Conservation Easement with Berm
Exhibit B-2 — Monroe County's Map/Diagram Conservation Easement with Berm
Exhibit C — Future Land Use Map of Ramrod Key Mixed Use Area 1
Exhibit D — Conservation Easement
Exhibit 2 — Monroe County's Future Land Use Map
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Section 3. 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 validity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. This ordinance shall be transmitted by the Director of Planning to the Department
of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of the State of Florida
but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes after applicable appeal periods
have expired.
Section 7. This amendment to the future land use map shall be incorporated into the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of October A.D., 2010.
Mayor Sylvia Murphy yes
Mayor pro tem Heather Carruthers yes
Commissioner Kim Wigington No
Commissioner Mario Di Gennaro yes
Commissioner George Neugent yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayo ylvia Murphy
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
P. 3 of 3
Exhibit 1— Settlement Agreement
MONK OUNTY ATTORNEY
P R ED,AS TO FOR
Date:
BOCC: October 20, 2010
Exhibit A — Statement of Intent
Exhibit B — Sub -Area Policy
Exhibit B-1 — DCA's Aerial Conservation Easement with Berm
Exhibit B-2 — Monroe County's MapMiagram Conservation Easement with Berm
Exhibit C — Future Land Use Map of Ramrod Key Mixed Use Area 1
Exhibit D — Conservation Easement
Exhibit 2 — Monroe County's Future Land Use Map
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Exhibit 1
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS
Petitioner,
VS.
MONROE COUNTY,
Respondent,
and
RUDOLPH AND ROSEANN KRAUSE,
Intervenors.
DOAH Case No. 09-4153GM
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
Petitioner, DEPARTMENT OF COMMUNITY AFFAIRS, Respondent, MONROE COUNTY, and
Intervenors, RUDOLPH AND ROSEANN KRAUSE, as a complete and final settlement of all claims
raised in the above -styled proceeding.
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (hereafter "DCA" or
"Department"), is the state land planning agency and has the authority to administer and enforce the Local
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Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II,
Florida Statutes; and
WHEREAS, Monroe County is a local government with the duty to adopt comprehensive plan
amendments that are in compliance; and
WHEREAS, Rudolph and Roseann Krause (hereafter "Krause") are the owners of real property
located on Ramrod Key in Monroe County, on which they conduct ongoing business activities; and
WHEREAS, Krause filed an application for a comprehensive plan amendment to amend the
subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed
Use/Commercial (MC); and
WHEREAS, Monroe County adopted the requested amendment in Ordinance Number 018-2009
on June 2, 2009; and
WHEREAS, the Department issued its Statement of Intent finding the amendment not in
compliance pursuant to Section 163.3184(10), Florida Statutes, and Rule 9J-11.012(6), F.A.C.; and
WHEREAS, Monroe County and Krause contend that the amendment is in compliance; and
WHEREAS, the above -styled proceeding was initiated pursuant to Section 163.3184(l0), Florida
Statutes; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation
and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual
best interests to do so;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and in
consideration of the benefits that will accrue to each of the parties, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby represent and agree as follows:
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GENERAL PROVISIONS
Definitions. As used in this agreement, the following words and phrases shall have the
following meanings:
a. Act: The Local Government Comprehensive Planning and Land Development
Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreement: This stipulated settlement agreement.
C. Comprehensive Plan Amendment or Plan Amendment: the Comprehensive plan
amendment adopted by Monroe County on June 2, 2009, as Ordinance No. 018-2009.
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
f. Notice: The STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN
AMENDMENTS NOT IN COMPLIANCE, Docket No. 09-1 -NOI-4401 -(A)-(N) issued by the
Department.
g. Proceeding: The above -styled proceeding initiated pursuant to Section
163.3184(10) by the Department's publication of its Notice in this case.
h. Remedial Action: A remedial plan amendment, submission of support document
or other action described in this agreement as an action which must be completed to bring
resolution to the issues in the pending action and bring the plan amendment into compliance.
i. Remedial Plan Amendment: An amendment to the plan or support document, the
need for which is identified in this agreement, including its exhibits, and which the local
government must adopt to complete all remedial actions. Remedial plan amendments adopted
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pursuant to this Agreement must, in the opinion of the Department, be consistent with and
substantially similar in concept and content to the ones identified in this Agreement or be
otherwise acceptable to the Department.
j. Support Document: The studies, inventory maps, surveys, data, inventories,
listings or analyses used to develop and support the Plan Amendment or Remedial Plan
Amendment.
2. Department Powers. The Department is the state land planning agency and has the power
and duty to administer and enforce the Act and to determine whether the Plan Amendment is in
compliance.
3. Negotiation of Agreement. The Department issued its Notice of Intent to find the Plan
Amendment not in compliance. The above -styled proceeding commenced pursuant to Section
163.3184(10). Krause filed a Petition to Intervene, which was granted. Subsequently, the parties
conferred and agreed to resolve the issues in this Proceeding through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this Proceeding.
4. Dismissal. If the Local Government completes the Remedial Action required by this
Agreement, the Department will issue a Notice of Intent addressing the Remedial Plan Amendment. The
Department will file the Notice of Intent with DOAH. The Parties will also file a request to relinquish
jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as
appropriate under Section 163.3184(16)(f), Florida Statutes.
5. Description of Provisions not in Compliance and Remedial Actions,• Legal Effect of
Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the Plan
Amendment as being not in compliance. Exhibit B sets out a Remedial Action needed for resolution of
the issues herein and compliance. Exhibit C is a Future Land Use Map Amendment identifying the sub-
area boundaries and area . Exhibit D is a Conservation Easement depicting the area to be protected from
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disturbance and development. Exhibits A, B, C, and D are incorporated in this Agreement by this
reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the
Plan Amendment will be in compliance and the Local Government will record the Conservation
Easement after entry of a Final Order by the Department.
6 Remedial Actions to be Considered for Adoption. The Local Government agrees to
consider for adoption by formal action of its governing body all Remedial Actions described in Exhibits
B, C, and D no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of
this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or
Plan Amendments and amendments to the Support Documents. This may be done at a single adoption
hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local
Government shall transmit 5 copies of the amendment to the Department as provided in Rule 9J-
11.0131(3), Florida Administrative Code. The Local Government also shall submit one copy to the
regional planning agency and to any other unit of local or state government that has filed a written request
with the governing body for a copy of the Remedial Plan Amendment and a copy to Intervenors. The
Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the
remedial action adopted for each part of the plan amended, including references to specific portions and
pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based upon"
provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after
receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a
Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in
accordance with this Agreement.
In Compliance: If the adopted Remedial Actions satisfy this Agreement, the
Department shall issue a Notice of Intent addressing the Remedial Plan Amendment as being in
compliance. The Department shall file this notice with DOAH and shall move to have this proceeding
dismissed.
Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the
Department reserves the right to proceed to hearing in this matter.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted
toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1),
Florida Statutes.
11. Purpose of this Agreement; Not Establishing Precedent. The Parties enter into this
Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation
and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or
related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a
negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not
establish precedent for, the use of these proposals in any other circumstances or by any other local
government.
12. Approval by Governing Body. This Agreement has been approved by the Board of
County Commissioners of Monroe County governing body at a public hearing advertised at least 10 days
prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in
Section 163.3184(15)(e), Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in Monroe County's charter or other regulations.
N.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party
from adhering to the law, and in the event of a change in any statute or administrative regulation
inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed
incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the
rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third
party.
15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees,
incurred in connection with the above -captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon execution by
the Intervenor, the Department and Monroe County.
17. Filina and Continuance. This Agreement shall be filed with DOAH by the Department
after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this
matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b),
Florida Statutes.
18. Retention of Right to Final Hearing. The parties hereby retain the right to have a final
hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall
be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for
hearing if it becomes apparent that any other party whose action is required by this Agreement is not
proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree
that such ambiguity shall be construed without regard to which of the parties drafted the provision in
question.
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20. )entire Agreement, This is the entire agreement between the parties and no verbal or
written assurance or promise is effective or binding unless included in this document.
21. Governmental D'c^retion Unaffected. This Agreement is not intended to bind the Local
Government in the exercise of governmental discretion which is exercisable in accordance with law only
Upon the giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may be executed in any number of originals, all of
which evidence one agreement, and only One of which need be produced for any purpose.
23. Captions. The captions inserted in this Agreement are for the purpose of convenience
only and shall not be utilized to construe or interpret any provision of this Agreement.
1N WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF CONM4LTNTTy AFFAIRS
By: '/' ) I I k � - W
Cdaulider, AICP, ire
Division of Community Planning
)a 0
Date
AV
A NPI as to f and legali ;
Assistant General Counsel
0 A
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Deputy Clerk
INTERVENORS:
Ru ph ICcause
Roseann Krause
9
)HERS
Approved as to form and ality:
c
Assistant Monroe C%4 Attorney
Date: die e, .,fo147
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Date
/p- /9"
Date
Approved as to form and legality:
to ' Attorna D
EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
July 24, 2009
The Honorable George Neugent, Mayor
Monroe County Board of County Commissioners
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Neugent:
RECtNO
t ,
•� I• : 9 i `� R
The Department has completed its review of the Monroe County Comprehensive Plan
amendments (DCA No. 09-1) adopted by Ordinances 017a-2009, 018-2009, 019-2009, 020-
2009, 021-2009 and 022-2009 on June 2, 2009. The Department has determined that Ordinances
017a-2009, 019-2009, 020-2009, 021-2009 and 022-2009 are "in compliance" as defined by
Section 163.3184(1)(b), Florida Statutes. The Department has determined that Ordinance 018-
2009 is "not in compliance" with the requirements of Chapter 163, Part II, Florida Statutes
(F.S.), Chapter 380, Part I, F. S., and Rule 9J-5, Florida Administrative Code (F.A.C.). The
Department is issuing a Statement of Intent and Notice of Intent to find a portion of the
Amendment package "not in compliance." The Notice of Intent has been sent to the Key West
Citizen for publication on July 27, 2009.
The future land use map amendment adopted by Ordinance 018-2009 is not in
compliance because the map amendment is not consistent with the goals, objections and policies
within the elements of the comprehensive plan. The map amendment is inconsistent with the
Smart Growth policies and the Tier System of the comprehensive plan which describe the finite
capacity for new development without compromising the biodiversity of the natural environment
as well as direct the preponderance of future development to Tier III designated areas. The
enclosed Statement of Intent further describes the specific issues resulting in the "not in
compliance" finding as well as recommended remedial actions.
Please note that a copy of the adopted amendment and the Department's Statement of
Intent and Notice of Intent to find the amendment not in compliance must be available for public
inspection Monday through Friday, except for legal holidays, during normal business hours, at
the Monroe County, Planning Department, 2798 Overseas Highway, Marathon, Florida 33050.
In addition, Section 163.3184 (8)(c)2, F.S., requires a local government that has an Internet site
to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the
mailed copy of the Notice of Intent.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850-488-8466 (p) • 850-921.0781 (f) • Website� w_ww dca slate H us
• COMMUNITY PLANNING 950-AW2356tp) 850-4W3309In • FLORIDA COMMUNITIES TRUST 8%922-2207 ipI 850-921.1747 (n ,
• HOUSING AND COMMUNITY DEVELOPMENT 950-4M79561p) 850.922.56231n ,
The Honorable George Neugent, Mayor
July 24, 2009
Page 2
The Notice of Intent and the Statement of Intent must be forwarded to the Division of
Administrative Hearings of the Department of Management Services for the scheduling of an
administrative law judge pursuant to Section 120.57, F.S. We are interested in meeting with you
and your staff at your convenience for the purpose of developing an acceptable solution to the
not in compliance finding.
If any affected person challenges the in compliance portion of the Notice of Intent, you
will have the option of mediation pursuant to Section 163.3189(3)(a), F.S. If you choose to
attempt to resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
If you have any questions, or are interested in discussing a compliance agreement, please
contact Rebecca Jetton, Area of Critical State Concern Administrator at 850-922-1766.
Sincerely yours,
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/ams
Enclosures: Notice of Intent
Statement of Intent
cc: Andrew Trivette, Growth Management Director
Carolyn Dekle, Executive Director, South Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: MONROE COUNTY COMPREHENSIVE
PLAN AMENDMENT 09-1; ORDINANCE
NUMBER 018-2009 AMENDING THE FUTURE ocket No. 09-1-NO1-440I-(A)-(N)
LAND USE MAP
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENTS
NOT IN COMPLIANCE
The Florida Department of Community Affairs, pursuant to Section 163.3184(10),
Florida Statutes, and Rule 9J-i I.012(6), Florida Administrative Code, hereby issues this
Statement of Intent regarding the Comprehensive Plan amendment adopted by Monroe County
Ordinance Number 018-2009 on June 2, 2009, not "in compliance." The Department finds the
Comprehensive Plan amendment not "in compliance," based upon the Objections,
Recommendations and Comments Report (ORC Report) issued by the Department on April 7,
2009, which is hereby incorporated by reference. The Department finds that the Comprehensive
Plan amendment is not "in compliance" as defined in Section 163.3184(I)(b), Florida Statutes,
because the amendment is not consistent with Chapter 163, Part II, Florida Statutes, the State
Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and Chapter 380, Part I, Florida
Statutes for the following reasons:
I. FUTURE LAND USE MAP (FLUM) CHANGES
A. Inconsistent provisions. The amendment does not meet the requirements of Rule 9J-
5.005(5)(b), F.A.C., which requires that each map depicting future conditions reflect the
goals, objections and policies within all elements of the comprehensive plan. The
amendment is internally inconsistent with the adopted Comprehensive Plan and inconsistent
with Chapter 163, Part II, F.S., Rule 9J-5, F.A.C., and Chapter 380, Part 1, F.S., for the
reasons noted:
A
1. The significant environment of the Florida Keys prompted its designation by the Florida
Legislature as an Area of Critical State Concern in December, 1975. The Florida Keys
are the location of North America's only coral reef and home to over 30 species of
threatened and endangered species of flora and fauna. Monroe County's Goals,
Objectives and Policies of the Comprehensive Plan have multiple adopted strategies to
protect significant resources and regulate growth, such as the Future Land Use Map
designations, tier overlay designations and a competitive point system for residential and
non-residential growth.
Ordinance 018-2009 amended the Future Land Use designation for two adjacent parcels
under common ownership [western portion (8.46 acres) of the larger parcel and the
entire smaller parcel (3.01 acres)] from Residential Low (RL) to Mixed -Use
Commercial (MC). Both parcels are designated Tier I and are surrounded by Tier I
designated lands. These neighboring and adjacent Tier I designated lands include
tropical hardwood hammock, freshwater wetlands, saltmarsh and buttonwood vegetation
and habitat for the endangered Key Mud Turtle (Kinosternon baurii) and Key Deer
(Odocoileus virginianus clavium).
Monroe County Comprehensive Plan Policy 105.2.1 defines Tier I as an area
"characterized as environmentally sensitive by the policies of this Plan and applicable
habitat conservation plan, is to be designated as a Natural Area. New development on
vacant land is to be severely restricted and privately owned vacant lands are to be
acquired or development rights retired for resource conservation and passive recreation
purposes." Monroe County Comprehensive Plan Goal I05 and Policies 105.1.5 and
105.1.6 implement smart growth policies and recognize the finite capacity for new
development without compromising the biodiversity of the natural environment and the
continued ability of the natural and manmade systems to sustain livable communities as
well as direct the preponderance of future development to areas designated as an overlay
on the zoning map(s) as Intill (Tier III).
LA
Ordinance 018-2009 (Future Land Use Map amendment) allows additional development
potential in a location of important vegetative communities that are the known locations
of listed federal, state, or local species of concern. One of the criteria for designating
land as Tier 1 is the known locations of threatened and endangered species. Increasing
the residential density and commercial intensity of this parcel designated Tier I and
surrounded by Tier I designated lands is internally inconsistent with Monroe County
Comprehensive Plan Goal 105 and Policies 105.1.5 and 105.1.6. Further, the Future
Land Use Map amendment is inconsistent with Section 163.3177(2), F.S., and Rule
9J.5-005(5), F.A.C., which requires that the Comprehensive Plan be implemented in a
consistent manner and each map depicting future conditions reflect the goals, objections
and policies within all elements of the comprehensive plan.
Ordinance 018-2009 is inconsistent with Section 380.0552(7), Florida Statutes,
Principles for Guiding Development (a): to strengthen local government capabilities for
managing land use and development so that local government is able to achieve these
objectives without the continuation of the area of critical state concern designation; (b):
to protect shoreline and marine resources, including mangroves, coral reef formations,
sea grass beds, wetlands, fish and wildlife, and their habitat; and (c) to protect upland
resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat. Ordinance 018-2009 is inconsistent with Section
380.0552(7), Florida Statutes, Principles for Guiding Development because it is
directing growth to an area within known, probable, or potential threatened or
endangered species habitat and may increase secondary impacts to the habitat value and
environmental sensitivity.
Further, Ordinance 018-2009 is inconsistent with Rule 9J-5.012(3)(c)l, F.A.C., to limit
the specific and cumulative impacts of development or redevelopment on wetlands,
water quality, wildlife habitat, living marine resources, and beach and dune systems.
The request for increased intensity and density adjacent to land containing threatened
and endangered species is inconsistent with Rule 9J-5.006(3)(c)2, F.A.C., which
requires provision for compatibility for adjacent lands and Rule 9J-5.006(3)(b)4, F.A.C.,
to ensure the protection of natural resources.
2. The Department specifically finds the Comprehensive Plan amendment is inconsistent
with the following rule and statutory provisions: Sections 163.3177(1), (2), (6)(a), (d),
(8), (9) and (10)(a); and Sections 163.3178(2)(b), Florida Statutes; Rules 9J-5.005(2),
(5)(a) and (b); 9J-5.006(2)(b), (3)(c)2, (3)(b)4, (3)(c)6, 9J-5.012 (2)(b), (3)(b)1, (3)(c)I
and 2; 9J-5.013(1) and 9J-5.013(2)(b)3 and 4, (2)(c)3, 5, 6 and (3); Florida
Administrative Code.
B. Recommended remedial actions. The above inconsistencies may be remedied by taking
the following action:
The Department recommends the County either rescind the Future Land Use Map
amendment associated with Ordinance Number 018-2009 or adopt a site specific policy
to define and restrict the amount of development potential and types of development
allowed for these parcels. A site specific policy can recognize and legitimize the current
non -conforming uses that exist on the parcels as well as prevent impacts to threatened
and endangered species and their habitat.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The amendment is inconsistent with the State Comprehensive
Plan goals and policies set forth in Section 187.201, Florida Statutes, including the following
provisions:
Goal (8)(a) Coastal and Marine Resources, Policies (b) 4, 5 and 6: Protect coastal
resources, marine resources, and dune systems from the adverse effects of development.
Develop and implement a comprehensive system of coordinated planning, management,
and land acquisition to ensure the integrity and continued attractive image of coastal
areas. Encourage land and water uses which are compatible with the protection of
sensitive coastal resources.
Goal (9)(a) Natural Systems and Recreational Lands, Policies (b) 1, 3, 4, 7 and 10:
Conserve forests, wetlands, fish, marine life, and wildlife to maintain their
environmental, economic, aesthetic, and recreational values. Prohibit the destruction of
endangered species and protect their habitats. Establish an integrated regulatory program
to assure the survival of endangered and threatened species within the state. Protect and
restore the ecological functions of wetlands systems to ensure their long-term
environmental, economic, and recreational value. Emphasize the acquisition and
maintenance of ecologically intact systems in all land and water planning, management,
and regulation.
Goal (15)(a) Land Use, Policy (b) 1 and 2: Promote state programs, investments, and
development and redevelopment activities which encourage efficient development and
occur in areas which will have the capacity to service new population and commerce.
Develop a system of incentives and disincentives which encourages a separation of urban
and rural land uses while protecting water supplies, resource development, and fish and
wildlife habitats.
Goal (25)(a) Plan Implementation, Policies (b) 7: Ensure the development of strategic
regional policy plans and local plans that implement and accurately reflect state goals and
policies and that address problems, issues, and conditions that are of particular concern in
a region.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Comprehensive Plan amendment as described above in Section 1.
III. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT
A. Inconsistent provisions. 'Be amendment is inconsistent with the Principles for Guiding
Development, Section 380.0552(7), Florida Statutes.
Principle (a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without the
continuation of the area of critical state concern designation.
Principle (b) To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
Principle (c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands),
dune ridges and beaches, wildlife, and their habitat.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Comprehensive Plan amendment as described above in Section I.
CONCLUSIONS
I . The Amendment is not consistent with the State Comprehensive Plan;
2. The Amendment is not consistent with Chapter 380, Part I, Florida Statutes;
3. The Amendment is not consistent with Chapter 9J-5, Florida Administrative Code;
4. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida
Statutes;
5. The Amendment is not "in compliance," as defined in Section 163.3184(i)(b) Florida
Statutes; and
0
6. In order to bring the Comprehensive Plan amendments into compliance, the County may
complete the recommended remedial actions described above or adopt other remedial
actions that eliminate the inconsistencies.
r-d-
Executed this Z3 day of July 2009, in Tallahassee, Florida.
1/-Ilklil 5 �-t�
Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE MONROE COUNTY
COMPREHENSIVE PLAN AMENDMENT ADOPTED
13Y ORDINANCE NO. 018-2008, NOT IN COMPLIANCE,
AND THE COMPREHENSIVE PLAN AMENDMENTS
ADOPTED BY ORDINANCE NOS. 019-2008, 017a-2009,
020-2009 through 022-2009, IN COMPLIANCE
DOCKET NO.09- I-NOI-4401 (A)-(N)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
Monroe County, adopted by Ordinance No. 018-2008 , on June 2, 2009, NOT IN COMPLIANCE, sad
Amendments adopted by Ordinance Nos. 019-2008, 017e.2009, 020-2009 through 022-2009, on June 2,
2009. IN COMPLIANCE, pursuant to Sections 163.3194, 163.3187 and 163.3189, 380.05, 380.0552, F.S.
The adopted Monroe Canty. Coaipnrhensive Plan Amendments, the Deparnnent's Ob rdons,
Recommendations, and Comments Report (if army), and the
Comprehensive PLna DoparUment's Statement of Lnient to find the
Amendment Not In Compliance will be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the Monroe County, Growth Management
Division, 2798 Ovaum Highway, Suite 400, Marathon, Florida 33050.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin.
istrative hearing to challenge the Proposed agency &Wm manna that the Amendmrnts to the Monroe County
Comprehensive Plan are Ia Compliance, as defined in Subsection 163.3184(1), F. S. The petition must be
filed within twenty-one (21) days after publication of this notice, a copy must be inailod or delivered to the
local government and must include all of the information and contents described is Uniform Rule 28-
106.201, F.A.C. The petition must be filed with the Agency Clerk, Dcpw mcmt of Community Affairs,
2555 Shunwd Oak Boulevard, Tallahassee, Florida 32399-2100. Failure to timely file a petition shall
constitute a waiver of any right to requmt an administrative proceeding as a Petitioner under Sections
120.569 and 120.57, F.S. If a petition is fend, the purpose of the sdininistrative hearing will be to Present
evidence and testimony and forward a recommended order to the Department. If no petition is filed, this
Notice of hnent shall become final agency action
This Notice of Intent and the Statement of htteat for the amendment found Not In Compliance
will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Deparbmw
of Management S---4s for the scheduling of an Administrative Hearing pursuant to Sections 120.569
nd 120.57, F. S. The purpose of the administrative hearing will be to present evidence and testimony on
the noncompliance issues alleged by the Department in its Objections, Recommendations, and Comments
Report and Statement of latent in order to secure a recommended order for forwarding to the Administration
Commission.
Affected persons may petition to intervene in either proceeding referenced above. A petition for
iatrrveation must be filed at least twenty (20) days before the final hearing and must iudude all of the in-
formanon and contents dmmbed in Uniform Rule 28-106,203, F.A. C. Pursuant to Section 163.3184(10),
F. S., no new issues may be alkged as a reason to find a plan amendment not in compliance in a petition to
intervene filed more than twenty one (21) days after Publication of this notice nmkss the petitioner establishes
good cause for not alleging such new issues within the twenty one (Z 1) day time period The petition for
interventioa shall be filed at DOAK 1230 Apalacbee Parkway, Tallahassee, Florida 32399-3060, and a copy
mailed or delivered to the local govclum it and the Department. Failure to petition to intevene within the
allowed tine frame constituter a waiver of nay right such a person has to request a hearing pursuant to
Sections 120,569 and 120.57, F•S., or to participate in the administrative hearing.
ARer am administrative hearing petition is timely filed, mediation is available pursuant to Subsectioa
163.3189(3}(a}, F.S., to any affexed person who is made a party to the proceeding by filing that 'ud assigned request with
the administrative law
J ge 8oed by the Division of Administrative Hearings. The choice of mediation
shell not affect a Patty's right to an administrative hearing.
McDaniel Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Exhibit B
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS
Petitioner,
VS.
MONROE COUNTY,
Respondent,
and
RUDOLPH AND ROSEANN KRAUSE,
Interveners.
DOAH Case No. 09-4153GM
EXHIBIT `B" TO STIPULATED SETTLEMENT AGREEMENT
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled
portions of parcels containing environmentally sensitive areas, by the enactment of area -
specific regulations that allow development to occur subject to limitations and conditions
designed to protect natural resources.
Objective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive
Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific
Geographic Area. These sub -area policies identify parcels of land that require
narrowly -tailored regulation in order to confine development potential to an area or
extent less than the maximum development potential allowed by the future land use
category. The development parameters established for each sub -area shall be based
either on an inventory of uses and facilities established on the parcel or by data and
analysis supporting the specific sub -area limitations.
Policy 107.1.2 Specific Limitations on the Ramrod Key Mixed Use Area 1
Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels
designated Ramrod Key Mixed Use Area 1 on Exhibit B-2 diagram, on which a
concentration of non-residential uses exists, including approximately 15,325
square feet of commercial floor area devoted to the uses listed below.
Exhibit B
1. Storage, warehousing, and processing of equipment and materials utilized
or generated in construction, demolition and land clearing, together with ancillary
activities, including, but not limited to:
a. Administrative offices.
b. Workshops and equipment maintenance areas, outdoors and within
structures.
C. Garages and outdoor parking for construction and demolition
equipment and machinery.
d. Outdoor and covered storage and processing of demolition debris and
construction materials.
e. Storage buildings.
f. Above -ground fuel tanks.
2. An antenna supporting structure with accessory building.
3. Residential uses consistent with the former RL future land use map
designation and with the SS land use district. Single family residences shall be
limited to the existing residence (including any replacement thereof) and no more
than four (4) additional single family residences.
4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and
trailers that do not constitute a heavy industrial use.
Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set
out below:
Wetlands and hammock areas adjacent to outdoor storage shall be protected
by:
a. Recordation of a conservation easement prohibiting all development
activities on the approximately 8.87 acres of wetlands comprising the
Easterly portion of parcel 00114150-000000. The area to be conserved is
delineated on Exhibits B-1 and B-2.
b. Construction and maintenance of a berm, no less than 3 feet in height, on
scarified land along the Westerly edge of the wetlands portion of parcel
00114150-000000 as depicted on the attached aerial Exhibit B-1 and map
Exhibit B-2 to protect the wetlands from stormwater runoff. Prior to issuing
any permit for berm construction, Monroe County shall require submission
of a stormwater management plan adequate to protect the wetlands portion
of the parcel from degradation attributable to stormwater runoff from the
adjacent scarified portion utilized for outdoor storage, construction, and
demolition activities.
2. Development shall be contingent on any required coordination and/or approval
from the United States Fish & Wildlife Service.
EXHIBIT B-1
AERIAL
CONSERVATION
EASEMENT WITH
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EXHIBIT B-2 TO EXHIBIT B OF STIPULATED SETTLEMENT AGREEMENT
RAMROD KEY MIXED USE AREA 1
f
W
N Q
00114150-000000 Y
BermMC (0.79 ac) a
RAMROD KEY MIXED USE AREA 1
/ N '
il berm i N.. NA C,ONSERVATION EASEMENT]
OMC(0.79ac) 00114150-000000 /' 00114150-000000 x
00114150-000400 (8.46 ac) g
QRC CONSERVATION EASEMENT(8.87 ac) (2.6 ac) RC (8.87 acyy JRamrod Key Mixed Use Area 1 (8.46+2.6=11.06 ac) J
parcels
L-____L____L .
- ,
•
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----`_ I'
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EXHIBIT C
FUTURE LAND USE MAP OF
RAMROD KEY MIXED USE AREA 1
-w
N 00114150-000000 Q
I RAMROD KEY MIXED USE AREA 1 Berm MC (0.79 ac) O
---1-"-~i\
.k\\\... ,, ice
.\
Immo berm ►� 4 CONSERVATION EASEMENT
D.(0.79 ac) 00114150-000000 ,�/// 411415O-OOOOOO
®RCCONSERVATION EASEMENT(8.87ac) 00114150-000400 (8.46 ac) j
CD Ramrod Key MU area(8.46+2.6=11-06ac) (2.6 ac) RC (8.87 ac
parcels 'f 1 y 0
'"-----„,„,N,„___
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. 1
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EXHIBIT D
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon, Florida 33050
Prepared by:
Joseph Albury, Esquire
309 Whitehead St.
Key West Florida 33040
-------------------- ------ ---- Space Above This Line For Recording -------------- ..- _— -�___
MONROE COUNTY. FLORIDA
GRANT OF CONSERVATION EASEMENT
This Conservation Easement is Granted this 5�1 day of , 2010 by ,Rudolph
O. Krause and Roseann Krause, Trustees U/T/D 7/19/88, whoseLfiddress is 26351 OLD STATE
ROAD 4-A RAMROD KEY, FL 3304, in the County of Monroe and the State of Florida
(Grantor), to Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, (Grantee).
Grantor declares and grants as follows:
1. Background Information
A. Grantor is the fee simple title holder of certain real property (the "servient estate")
located within the Easterly portion of the parcel described in Exhibit A hereto.
B. Grantor certifies to Grantee that no mortgage exists on the servient estate.
C. Grantor desires to prevent all development activities on the servient estate.
D. The servient estate comprises approximately 8.87 acres of wetlands.
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development
Regulations (LDRs) in order to protect the public health, safety and welfare of its
citizens.
Page 1 of 6
(30CEA—Rev. SIIJ06
2. Grant of Easement
Grantor grants to Grantee a conservation easement over and upon the contiguous
wetlands area (the "servient estate") located on the Easterly portion of the real
property described in Exhibit A hereto, which area is more specifically delineated
on the diagram attached as Exhibit B hereto.
3. Character of the Easement
This easement is a conservation easement, which, as defined by Section 704.06 of
the Florida Statutes, is a right or interest in real property which is appropriate to
retaining land or water areas predominantly in their natural, scenic, open,
agricultural or wooded condition; retaining such areas as suitable habitat for fish,
plants or wildlife; retaining the structural integrity or physical appearance of sites
or properties of historical, architectural, archeological or cultural significance; or
maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate described in Paragraph 2 above.
B. The location of the property subject to this easement is shown in the diagram
attached to this instrument as Exhibit B hereto and by reference made a part
hereof.
5. Law Governing the Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the
equivalent Florida Statute governing conservation easements, and is to be
construed and enforced in accordance with that statute and in accordance with the
laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and Will impose the following restrictions on
the use of the servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground.
B. No dumping or placing of soil or other substance or material as landfill or
dumping or placing of trash, waste or unsightly or offensive materials.
Page 2 of 7
GOCEA — Rev: 8/1 /06
Prepared by:
C. No removal, trimming or pruning of trees, shrubs or vegetation except for
such removal, trimming or pruning which Grantee's biologist has
authorized in writing.
D. No excavation, dredging or removal of loam, peat gravel, soil, rock or
other material substances in such a manner as to affect the surface of the
easement area.
E. No surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition.
F. No activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation or fish and wildlife habitat
preservation.
G. No acts or uses detrimental to such retention of land or water areas.
H. No planting of non-native, invasive or exotic plants.
I. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural,
archeological or cultural significance
7. Access to the Servient Estate
Grantor will allow Grantee to access and to enter upon the servient estate, with no
less than 24 hours notice, for the purposes of inspection to determine the
Grantor's compliance with this Grant of Easement.
8. Limitation on Liability for Personal Injury or Injury to Property
The Grantor waives any rights the Grantor may have to bring a claim against
Grantee for personal injury or injury to property that is caused by the negligent
action or inaction of Grantee or an employee or agent of Grantee during the
course of Grantee's activity related to this Grant of Easement and further Grantor
holds Grantee harmless from the claims of all persons for action, inactions or
activities occurring on the servient estate.
9. Term of Easement
This easement is perpetual and runs with the land.
10. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the
servient estate.
Page 3 of 7
GOCEA - Rev: 811/06
Prepared by:
11. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to
Grantee and any understanding or representation of any kind preceding the date of
this Grant of Easement is not binding on either the Grantor or Grantee except to
the extent it has been incorporated into this Grant of Easement.
12. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed
by an authorized representative of Grantor and Grantee and by any mortgagee(s).
13. Recovery of Attorney's Fees
In the event of any controversy, claim or dispute arising under or as a result of
this Grant of Easement, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
14. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in
writing and will be sufficiently given when sent by certified or registered mail to
the respective address, as set forth at the beginning of this Grant of Easement, of
Grantor or Grantee.
15. Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe
County, Florida and any changes hereto will also be recorded in the Official
Records of Monroe County.
In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this S " day of �I', 2010.
uQ41
First Witness Si ature kudolph CiKrause, Trustee
First Witness Prin ed Name Ro eann Krause, Trustee
cond Witness Signature
Page 4 of 7
GOCEA —Rev: 8/ I /06
Prepared by:
Second Witness Printed Name
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared Rudolph 4. Krause and Roseann
Krause, who art-mersonally known to me, or have produced
and , respectively as identification.
Sworn and subscribed to me this
Typed Notary Name and Number
day of a:uSc.--S+ , 2010.
1-3
4Notary t Ire and Seal
NOTARY PUBLIC-S of 77 7 MR=
" Cheryl Racitiey
Commission #DD848443
Expires: FEB. 17, 2013
BONDED TSliII 61i ANT1C BONDING CO, INC.
MONROE COUNTY, FLORIDA
ACCEPTANCE OF CONSERVATION EASEMENT
In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
First Witness Signature
First Witness Printed Name
Second Witness Signature
Second Witness Printed Name
Monroe County, Florida
Director of Growth Management (Signature)
Director of Growth Management (Printed Name)
Date
Page 5 of 7
GOCEA — Rev: 8/1/06
Prepared by:
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared
who is personally known to me, or has produced
identification.
Sworn and subscribed to me this day of , 2010.
Typed Notary Name and Number Notary Signature and Seal
EXHIBIT A
To Conservation Easement
Part of Government Lot 1, Section 31, Township 66 South, Range 29 East, Monroe County,
Florida, more particularly described as:
as
Beginning at the N.W. corner of the NE '/4 of the NE '/4 of said Section 31, thence running South
540 feet on the East line of Government Lot 1 of Section 31 to the North line of the Florida East
Coast Railway right of way; thence Westerly along the North line of the Florida East Coast right
of way to the shore line of Niles Channel; thence Northerly along the shoreline of Niles Channel
to the NW corner of government Lot 1; thence Easterly 2178 feet along the North line of
Government Lot 1, to the point of beginning. LESS the parcel of land described at Monroe
County, Florida OR Book 1762 at page 843. ALSO LESS that portion of the above -described
property lying Southerly of Old State Road 4-A.
Page 6 of 7
GOCEA — Rev 8/1/06
Prepared by:
EXHIBIT B TO `
RAMROD KEY CONSERVATION EASEMENT WITH BERM c
RE* 001 1 41 50-000000 (8.87 ACRES) _
N 00114150-000000 i
9 ac)7
I RAMROD KEY MIXED USE AREA 1 Berm MC (0.79
/ \
'3' //,1 ''49.L..."--/ ' —
berm a( \ CONSERVATION EASEMENT"
pMC(0.79 ac) 00114150-000000 04114150-00000
00114150-000400 8.46 ac
Q/7 ,
on RC CONSERVATION EASEMENT(8.87 ac) }
QRamrod Key MU area(8.46+2.6= 11.06ac) (2.6 ac) RC (8.87 ac) ,
parcels
_v
L ._
EXHIBIT 2
MONROE COUNTY FUTURE LAND USE MAP Adopted Date: 10/20/2010 RC SHANNAHAN RD
I Effective Date:
i - -
,_, , RL
DOLPHIN RD
`±' RM
C
RC ' L\�. RL `' A < _ _ ANGELFISH RD
w. , RL
— berm 00114150-000000
Q MC(0.79 ac) Ramrod C 1�] , MC(0.79 ac)
gRCCONSERVAIION EASEMENT �� ,.
-Ramrod Key MU area 1 r.114150-000000 00144150-000000
1 A-Agriculture RC(8.87Pac) --
_MC-Mixed Use!Commercial 00114150-000400 A`ir 439
1 MCF-Mixed Use!Commercial Fishing
-RC-Residential Conservation
-RM-Residential Medium _ -
OVERSEAS HWY
AMBERJACK RD
" II. I RC
0 125 250 M C F
i Feet
S
_ w �
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 §9.5-
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:
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.
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 any one 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 2°d day of June A.D., 2009.
Mayor George Neugent Yes
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Mayor Pro Tern Sylvia Murphy Yes
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Commissioner Kim Wigington yeR
C.)
N
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Commissioner Heather Carruthers Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
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COUNTY, FLOW A
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BY
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Mayor George Neugent
'(SEAL)
'ATTEST: DANNY L. KOLHAGE, CLERK
'act-LPc, &t-v ari-
DEPUTY CLERK
Page 4 of 4
Exhibit 1 to Ordinance# -2009
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 N
RE 00114150-000000 from Residential Low (RL) to
Mixed Use/Commerical (MC)
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MONROE COUNTY COURTHOUSE
500 WHI I EHEAD STREET, SUITE 101
KEY WFST, FLORIDA 33040
Tl;l.. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE:
3117 OVERSEAS HI(AIWAY
MARA FHON, FLORIDA 33050
TEL.(305)289-6027
FAX (305) 289-1745
Co N14 f`O
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
October 26, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 70101670 0001 0244 7532
Enclosed please find certified copies of the following:
Ordinance No. 028-2010 creating Goal 107, Objective 107.1 and Policy 107.1.2 of the
Monroe County Year 2010 Comprehensive Plan to establish a policy for property described as
Ramrod Key mixed used area 1 comprised of a portion of RE#00114150-000000 (8.46 acres) and
all of RE#00114150-000400 (2.6 acres), Ramrod Key, Monroe County, Florida, Gulf Side,
approximately mile marker 26.5; providing for severability; directing the Director of Planning to
forward a copy to the Florida Department of Community Affairs; providing for filing with the
Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an
effective date.
Ordinance No. 029-2010 repealing and rescinding Ordinance No. 018-2009 and
approving an amendment to the Future Land Use (FLUM) designation from Residential Low
(RL) to Ramrod Key Mixed Use Area 1 for RE#00114150-000400 (2.6 acres) and for portion of
RE#00114150-000000 (8.46 acres), Ramrod Key, Monroe County, Florida, Gulf Side,
approximately mile marker 26.5; providing for severability; directing the Director of Planning to
forward a copy to the Florida Department of Community Affairs; providing for filing with the
Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an
effective date.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on October 20, 2010.
Please file for the record. Should you have any questions please feel free to contact me at
(305) 295-3130.
Respectfully submitted,
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: Growth Management
County Attorney via e-mail
File
■ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. �'!!
■ Attach this card to the back of the mailpiece
or on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
2. Article Number
(113nsfer from service kW
PS Form 3811, February 2004
A. Signature
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from Rem 1 LXVFML
If YES, enter delivery adds s 61b u
009 l0m
8. ice Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7010 1670 0001 0244 7532
Domestic Retum Receipt
102595-02-M-1540
FLORIDA DEPARTMENT 0 STATE
CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA
Governor
November 2, 2010
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:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated October 26, 2010, and certified copies of Monroe County Ordinance Nos. 028-2010 and
029-2010, which were filed in this office on October 29, 2010.
Sincerely,
uy-�7u&xk
Liz Cloud
Program Administrator
LC/srd
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850. 245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
I
u-bu 1670
?532