Item T3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19. 2005
Division:
Growth Management
Bulk Item: Yes_
No ..1L
Department:
Planning
Staff Contact Person: m...K. Marlene Conaway
AGENDA ITEM WORDING:
A pubic hearing to consider a Department of Community Affairs transmittal resolution to amend the Future Land
Use Map (FLUM) for four vacant lots located in the Breczeswept Beach Estates Subdivision from Residential
Conservation (RC) to Residential Medium (RM). The Land Use designation of each Lot is Improved Subdivision
(IS) and they are located on Ramrod Key at approximate Mile Marker 27.5. The Real Estate numbers are
00200790.000000, 00200800.0000000, 00200810.000000 and 00200820.000000.
ITEM BACKGROUND:
The Development Review Committee (DRC) held a public hearing in Marathon on June 9, 2005 and based on the
facts presented at the meeting, the DRC recommended approval of this Future Land Use Map amendment as
indicated in the DRC Resolution 020-05. The Planning Commission held a public hearing in Key Colony on July
] 3, 2005 and based on the facts presented at the meeting, the Planning Commission recommended approval of the
request as indicated in Resolution No. P47.05
PREVIOUS RELEVANT COMMISSION ACTION:
In 1991, the Board of County Commissioners, through Resolution ] 57 -1991 approved the land use boundary
determination that amended the land use district of the subject lots (plus three additional, adjacent lots) from Native
Area (NA) to Improved Subdivision (IS).
CONTR.A.CT/AGREEMENT CHANGES: N!A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N!A
BUDGETED: Yes _No N!A
COST TO COUNTY: N!A
SOURCE OF J.<'UNDS:
NIA
REVENUE PRODUCING:
Yes N!A No
Year
APPROVED BY:
County Attorney
Risk Management
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
\
\
Kot Required~""~, 'c
DISPOSITION:
AGENDA ITEM
MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AMENDMENT
FUTURE LAND USE
MAP AMENDMENT
FROM
RESIDENTIAL CONSERVATION(RC) TO
RESIDENTIAL MEDIUM (RM)
BOARD OF COUNTY COMl\lISSIONERS
KEY WEST
OCTOBER 19, 2005
MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN
FUTURE LAND USE MAP AMENDMENT
A REQUEST BY CANDUS ANDRUS, RICHARD AND ANN
BUCKHOLZ, AND FREDERICK ZYDECK TO Al\lEND THE
FUTURE LAND USE MAP (FLUM) FROM RC TO RM FOR RE #'S
00200790.000000, 00200800.000000, 00200810.000000 and
00200820.000000 OF BREEZESWEPT BEACH ESTATES, RAMROD
KEY.
RECOl\lMENDATIONS
Staff: Approval
DRC: Approval
PC: Approval
June 2, 2005
June 9, 2005
July 13, 2005
S tafT Report
Resolution #D 20-05
Resolution #P 47-05
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
THE REQUEST BY CANDUS ANDRUS, RICHARD AND
ANN BUCKHOLZ, AND FREDERICK ZYDECK TO
AMEND THE FUTURE LAND USE MAP (FLUM) OF THE
MONROE COUNTY YEAR 201 0 COMPREHENSIVE PLAN
FOR THE FOLLO\VING PROPERTIES FROM
RESIDENTIAL CONSERVATION (RC) 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
APPROXIMATE MILE MARKER 27.5.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purpose of considering the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Future
Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the
future land use designation of the properties desclibed above; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested future land use map designation change; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations
of the Planning Commission pursuant to the draft ordinance for adoption of the proposed
Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment as part of the fIrst (1 st) set of comprehensive plan amendments for 2006 to
the Florida Department of Community Affairs for review and comment in accordance
with the provisions of Chapter 163.3184, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of9J-l1.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the _ of ,2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
Commissioner E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Spehar
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY ATTORNEY
J:flAAOVED ~jt"1S SO~M /i (J " ""."
~ ? ,e- tJ~$'f rf ~ _",/ .J f v < ~ u~."',r
i j if ,j 7f t1"-; .:;\l~ ~- l't c."':''!-
.oale:
Deputy Clerk
Boec Ordinance to Amend the
Future Land Use District Map
(FL UM)
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONONERS APPROVING THE
REQUEST BY CANDUS ANDRUS, RICHARD AND ANN
BUCKHOLZ, AND FREDERICK ZYDECK TO AMEND
THE FUTURE LAND USE MAP (FLUM) OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
FOR THE FOLLOWING PROPERTIES FROM
RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL
MEDIUM (RM). THE PROPERTIES ARE PHYSICALLY
LOCA TED 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 EST A TE
NUMBERS ARE 00200790.000000, 00200800.000000,
00200810.000000 AND 00200820.000000, AT
APPROXIMATE 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 thc Future Land Use Map designation of the following properties from Residential
Conservation (RC) 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 of the request as indicated in Resolution No. P47-05; and
WHEREAS, atter further review of the application and consideration of facts,
statT 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 (AUlD) 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 construeted 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
distriet 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 9.5-51l(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 Hi 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 Monroe County shall undertake a
comprehensive land acquisition prof,Jfam and smart growth initiative that recognizes
that finite carrying capacity for new development in the Florida Keys.
14. Policy 105.2.1 states that Monroe County shall designate all lands outside of
mainland Monroe County into three gent'fal 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 Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands. The
proposed map amendment proposes no expansion of the development into the
environmentally sensitive lands.
17. Objective 101.11 of Comprehensive Plan states that Monroe 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 prof,1fams 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 tor development of such parcels include payment of
mitigation monies into the Florida Keys Environmental 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
desi!,,1J1ated infi1l 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 L 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 (RC) shall be designated Residential Medium (RM) as shown
on the attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section3. The Future Land Use Map of the Monroe County Year 201 0 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, tiled, 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-
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 19th day of October, A.D., 2005.
Mayor Dixie M. Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner P. David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY,
FLORIDA
BY
Mayor Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Date:
EXHIBIT ONE
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Proposed Future Land Use Map Amendment: Street Map
Key: Ramrod Key
Mile Marker: 27.5
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Residential Medium (RM).
Property Description: RE 00200790.000000, 00200800.000000,
00200810.000000,00200820.000000
Map Amendment: M25072
Land Use District Map #: 387
Proposed Future Land Use Map Amendment: Aerial
Key: Ramrod Key
Mile Marker: 27.5
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Residential Medium (RM).
Property Description: RE 00200790.000000, 00200800.000000,
00200810.000000,00200820.000000
100
Feet
Map Amendment: M25072
Land Use District Map #: 387
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
indicated above and briefly described as:
Key: Ramrod Key
Mile Marker: 27.5
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Residential Medium (RM).
Property Description: RE 00200790.000000, 00200800.000000,
00200810.000000,00200820.000000
Map Amendment: M25072 Land Use District Map #: 387
100
Feet
PLANNING COMMISSION
RESOLUTION # P 47-05
PLANNING COMMISSION RESOLUTION NO. 47-05
A RESOLUTION BY THE PLANNING COMMISSION
APPROVING THE REQUEST BY CANDUS ANDRUS,
RICHARD AND ANN BUCKHOLZ, AND FREDERICK
ZYDECK TO AMEND THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FOR THE FOLLOWING
PROPERTIES FROM RESIDENTIAL CONSERVATION
(RC) 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 APPROXIMATE MILE MARKER
27.5.
WHEREAS, the Planning Commission, during a regular meeting beld 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 (RC) 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 I 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
\VHEREAS, 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 020-05; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Planning Commission as indicated in the Staff Report
dated June 22,2005; and
WHEREAS, the Planning Commission furtber reviewed the application and
made the tollowingFinding 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) FL UM category corresponds with the
existing Improved Subdivision (IS) designation.
lL 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 Monroe 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 Monroe County shall designate all lands outside of
mainland Monroe 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 Monroe County shall direct future
brfowth to lands which are intrinsically most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands. The
proposed map amendment proposes no expansion of the development into the
environmentally sensitive lands.
17. Objective 101.11 of Comprehensive Plan states that Monroe 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 Planning Commission made the following Conclusions of Law:
1. The lots are 'low quality' wetlands, as are many other developed lots in the
subdivision. Permits required tor development of such parcels include payment of
mitigation monies into the Florida Keys Environmental 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 RESOL VED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings
support its decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendment to the Monroe County Year 2010
Comprehensive Plan, Future Land Use Map.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida
at a regular meeting held on the 13th day of July, 2005,
Lynn C. Mapes, Chair
Denise Werling, Vice Chair
Julio Margalli, Commissioner
James D. Cameron, Commissioner
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
YES
YES
Absent
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA
By
Lynne C. Mapes, Chair
Signed this
day of
,2005
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D 20-05
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D 20-05
A RESOLUTION BY THE DEVELOPMENT REVIEW
COMMITTEE APPROVING THE REQUEST BY CANDUS
ANDRUS, RICHARD AND ANN BUCKHOLZ, AND
FREDERICK ZYDECK TO AMEND THE FUTURE LAND
USE MAP (FLUM) OF THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN FOR THE FOLLOWING
PROPERTIES FROM RESIDENTIAL CONSERVATION
(RC) 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 EST ATE NUMBERS ARE
00200790.000000, 00200800.000000, 00200810.000000 AND
00200820.000000, AT APPROXIMA TE MILE MARKER
27.5.
WHEREAS, the Development Review Committee, during a regular meeting held
on June 9, 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 (RC) 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, after further review of the application and consideration of facts,
staff recommended approval to the Development Review Committee as indicated in the
Staff Report dated June 2, 2005; and
WHEREAS, the Development Review Committee 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 pemlits 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 Hi 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 desib:rnation 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 usc 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.
] 2. 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 Monroe 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 Monroe County shall designate all lands outside of
mainland Monroe County into three general categories: Natural Area (Tier l);
Transition and Sprawl Reduction (Tier II); and Infill Area (Tier 1Il).
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 Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall
encourage conservation and protection of environmentally sensitive lands. The
proposed map amendment proposes no expansion of the development into the
environmentally scnsitive lands.
17. Objective 101.11 of Comprehensive Plan states that Monroe County shall cnsure 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 Development Review Committee made the following
Conclusions of Law:
1. The lots are 'low quality' wetlands, as are many other developed lots in the
subdivision. Permits required fOf development of such parcels include payment of
mitigation monies into the Florida Keys Environmental 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 chafacter of the properties Of 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 infil1 area, and hence away from an otherwise
environmentally sensitive area.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIE\V COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding
fIndings support its decision to recommend APPROVAL to the Monroe County
Planning Commission of the proposed amendment to the Monroe County Year 2010
Comprehensive Plan, Future Land Use Map.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a rebrular meeting held on the 9th day of June, 2005.
Aref Joulani, Senior Administrator of Development Review YES
Heather Beckmann, Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
David Dacquisto, Director of Island Planning YES
Department of Health (by FAX) YES
Department of Public Works (by PAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF
MONROE COUNTY, FLORIDA
By
Aref Joulani, DRC Chair
Signed this
day of
,2005