Item B3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 26, 2009 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning & Environmental Resource
Staff Contact Person: Kathy Grasser, Comprehensive Planner
AGENDA ITEM WORDING:
A public hearing to consider transmittal of a resolution to the DCA at the request of Roseann &
Rudolph Krause, proposing an ordinance to amend the subject property's Future Land Use Map
(FLUM) designation from Residential Law (RL) to Mixed Use / Commercial (MC).
ITEM BACKGROUND:
The 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 Future
Land Use Map amendment application to the Board of County Commissioners.
PREVIOUS RELEVANT COMMISSION ACTION: N.--A
CONTRACT/AGREEMENT CHANGES: N.'A
STAFF RECOMMENDATION: Approval
TOTAL COST: N ;A
COST TO COUNTY: N 'A
BUDGETED: Yes No N/A
SOURCE OF FUNDS: NiA
REVENUE PRODUCING: Yes No N;-A AMOUNT PER MONTH: N: A Year
APPROVED BY: County Attorney OMB i Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Andrew O. Trivette, Growth Management Director
Townsley Schwab, Acting Director of Env. & Planning Resources
Mitch Harvey, AICP, Comprehensive Planning Manager
Kathy Grasser, Comprehensive Planner
January 5, 2009
Subject: Request for Amendments to the Future Land Use Map for 26351 Old State Road
4A, Ramrod Key, FL 33042, Mile Marker 26.5, Real Estate Number
00114150.000000 & 00114150.000400
Meeting: January 26, 2009
I REQUEST
A request by the Roseann & Rudolph Krause to amend the Future Land Use Map (FLUM)
designation from Residential Low (RL) to Mixed Use / Commercial (MC).
FUTURE LAND USE PROPOSED FUTURE LAND USE
A. Address: 26351 Old State Road 4A, Ramrod Key, Mile Marker 26.5
B. Legal Description: Being part of the northeast '/4 of Section 31, Township 66 south,
Range 29 east
C. Real Estate Number(s): 00114150-000000 & 00114150-000400
Rudolph & Rosann Krause, Trustees Page 1 of 10 Reviewed by
M28097 BOCC: January 26, 2009
I D. Applicant/Petitioner: Rudolph Krause
2 E. Property Owner: Rudolph & Roseann Krause
3 NOTES: Staff cannot comment on any proposed redevelopment plans as part of this or any map
4 amendment application.
5
6 11 PROCESS
7
8 Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning
9 Commission, the Director of Planning, or the owner or other person having a contractual interest
10 in property to be affected by a proposed amendment. The Director of Planning shall review and
11 process map amendment applications as they are received and pass them on to the Development
12 Review Committee and the Planning Commission for recommendation and final action by the
13 BOCC.
14
15 The Planning Commission and the BOCC shall each hold at least one public hearing on a
16 proposed amendment. The Planning Commission shall review the application, the reports and
17 recommendations of the Department of Planning & Environmental Resources and the
18 Development Review Committee, and the testimony given at the public hearing, and shall submit
19 its recommendations and findings to the BOCC. The BOCC shall consider the report and
20 recommendation of and the testimony given at the public hearings and may either deny the
21 application or adopt a resolution upon transmitting the proposed amendment to the DCA.
22 Ordinances are then reviewed by the Florida Department of Community Affairs and returned to
23 the County with objections, rejections and comments to be considered prior to adoption of the
24 ordinance. Then, an adoption hearing is scheduled for the BOCC.
25
26 1II RELEVANT PRIOR COUNTY ACTIONS
27
28 October 8, 2008 — The Development Review Committee met with the applicant to discuss the
29 proposed FLUM amendment. The final determination to amend the Future Land Use Map
30 designation from Residential Low (RL) to Mixed Use / Commercial (MC) is for the scarified
31 and cleared western side of the parcel, having Real Estate Number 00114150.000000 and the
32 whole parcel, having Real Estate Number 00114150.000400, as shown on the attached GIS
33 map. The proposed FLUM amendment will not change the eastern side of the parcel, having
34 Real Estate Number 00114150.000000 and will remain Residential Conservation (RC).
35
36 February 17, 2000 — Ordinance #009-2000 — approved the request by the Planning Department
37 to change the Future Land Use Map from Agriculture (A) / Mixed Use / Commercial (MC) 1
38 Residential Low (RL) / Residential Conversation (RC) to Mixed Use / Commercial (MC) l
39 Residential Low (RL) / Residential Conservation (RC).
40
41
42
43
44 IV BACKGROUND INFORMATION
45
46 A. Size of Site:
47 00114150-000000
Rudolph & Rosann Krause, Trustees Page 2 of IO Reviewed by
M28097 BOCC: January 26, 2009
I Commercial Waterfront: 0.76 Acres
2 Commercial Dry: 6.42 Acres
3 Environmentally Sensitive: 10.94 Acres
4 Total: 18.12 Acres
5
6 00114150-000400
7 Residential Waterfront: 1 Acre
8 Environmentally Sensitive: 1.6 Acres
9 Total: 2.6 Acres
10
I 1 Total of the two parcels: 20.72 acres
12
13 Tier Designation:
14 B. 00114150-000000 & 00114150-000400: Tier
15 C. Flood Zone: 00114150-000000-AE 8 & 00114150-000400-AE 9
16 D. Existing Use: Single family residence & guest house, construction office, construction
17 equipment, storage, RN & boat storage, storage sheds, tower & associated buildings, auto
18 repair shop
19 E. Existing Vegetation 1 Habitat:
20 1. The western portion of the parcels is developed with a Residential Low (RL)
21 and Sparsely Settled (SS) current land use with minimal species;
22 2. The environmentally sensitive two-thirds of the eastern section contain
23 freshwater marsh, pinelands, saltmarsh, mangroves and water. Also located in
24 the Marsh Rabbit habitat.
25 3. The northeastern portion of the parcel is scarified and has an auto body shop
26 on it.
27 F. Community Character of Immediate Vicinity:
28 1. The northern parcels are developed with residences and businesses; and
29 2. There is native habitat to the north and south, submerged lands to the west
30 and a subdivision to the east.
31 3. The subject parcels are adjacent to U. S. 1.
32
33 V REVIEW OF APPLICATION
34
35 A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
36 Year 2010 Comprehensive Plan:
37
38 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan that
39 directly pertain to the proposed amendments include:
40
41 • 3.1: Future Land Use
42
43 Goal 101: Monroe County shall manage future growth to enhance the quality of life,
44 ensure the safety of County residents and visitors, and protect valuable natural resources.
45
46 Objective 101.4: Monroe County shall regulate future development and redevelopment
47 to maintain the character of the community and protect the natural resources by providing
Rudolph & Rosann Krause, Trustees Page 3 of 10 Reviewed by
M28097 BOCC: January 26, 2009
I for the compatible distribution of land uses consistent with the designations shown on the
2 Future Land Use Map.
3
4 Policy 101.4.2: The principal purpose of the Residential Low (RL) land use category is
5 to provide for low -density residential development in partially developed areas with
6 substantial native vegetation. Low intensity public and low intensity institutional uses are
7 also allowed. In addition, Monroe County shall adopt Land Development Regulations
8 which allow any other nonresidential use that was listed as a permitted use in the Land
9 Development Regulations that were in effect immediately prior to the institution of the
10 2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on
11 January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided
12 that the use is limited in intensity, floor area, density and to the type of use that existed on
13 January 4, 1996 or limit to what the pre-2010 LDR's allowed, whichever is more
14 restricted.
15
16 Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC) land use
17 category is to provide for the establishment of commercial zoning districts where various
18 types of commercial retail and office may be permitted at intensities which are consistent
19 with the community character and the natural environment. Employee housing and
20 commercial apartments are also permitted.
21
22 Staff has determined the proposed map amendment is consistent with the provisions and
23 intent of the Monroe County Year 2010 Comprehensive Plan.
24
25 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of the
26 Monroe County Code, Land Development Regulations:
27
28 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC has used criteria specified therein
29 for the adoption of an ordinance enacting the proposed change based on one (1) or more of
30 the following factors:
31
32 i. Changed projections (e.g„ regarding public service needs) from those on which the text
33 or boundary was based;
34
35 Applicant: None
36
37 Staff: None
38
39 ii. Changed assumptions (e.g., regarding demographic trends);
40
41 Applicant: None.
42
43 Staff., None
44
45 iii. Data errors, including errors in mapping, vegetative types and natural features described
46 in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
47
Rudolph & Rosann Krause, Trustees Page 4 of 10 Reviewed by
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I Applicant: Property should already by zoned commercial; (it) was originally BU2 prior to
2 commercial activity then changed to SS part of parcel SC — NA area of parcel to remain
3 as is.
4
5 Staff: According to the staff report, dated May 5, 1999 written by Chad Meadows and
6 Ralph Gouldy (Exhibit 1), all three properties were designated as General Use (GU) from
7 1960 to 1973. At some point from 1973 to 1986 a Business Use (BU-2) designation was
8 added for the eastern portion of the larger property to the north. The remaining western
9 portion remained General Use (GU).
10
I 1 Pre-1986 zoning indicates the eastern part of the parcel was Medium Business District
12 (BU-2). This district was intended to provide areas suitably situated for centers of
13 commercial activity, area retail sales, fuel sales, mechanical services, wholesaling,
14 warehousing and storage. It also allowed living quarters, utility buildings and facilities.
15 It prohibited any residential, industrial or manufacturing use.
16
17 Two-thirds of the parcel an the westside was General Use (GU) District. Single family
18 dwellings, agricultural uses, clubs, radio transmission towers, were some of the uses
19 allowed in the General Use District (GU) district.
20
21 According to Ordinance #009-2000, real estate number 00114150-000000, had a house
22 and two types of habitat conditions in 1985, freshwater on the eastern half of the property
23 and disturbed habitat on the western half of the property (Exhibit 2).
24
25 Page 3 of 5, #5 of the Ordinance states `During preparation of the Future Land Use Map
26 associated with the Year 2010 Comprehensive Plan process, a series of scrivener's errors
27 incorrectly designated portions of the future land use of these properties as Residential
28 Low (RL), Residential Conservation (RC), Agriculture (A) and Mixed Use / Commercial
29 (MC).
30
31 Monroe County issued two (2) permits relative to the proposed FLUM amendment for
32 Real Estate number 00114150-000000:
33
34 1). Permit A-166: Issued February 26, 1975. This permit states parcel is in the
35 Medium Business (BU-2) District. The intended use of the property was equipment
36 storage for the construction of a fence. The equipment storage was predominately
37 located in the northern mid section of the property and was not considered a
38 permitted use under the General Use (GU) District. It is considered a permitted use
39 under the Medium Business (BU-2) District (Exhibit 3).
40
41 2). Permit A-4031: Issued August 14, 1978. This permit was for the construction of
42 a new single family residence, an allowed use in the General Use (GU) District
43 (Exhibit 4).
44
45 Rudolph Krause & Sons emailed the following letter regarding the businesses currently
46 on the property (Exhibit 5):
47
Rudolph & Rosann Krause, Trustees Page 5 of 10 Reviewed by
M28097 BOCC: January 26, 2009
I "This is an engineering contractor business. The workshop/garage, equipment storage,
2 etc is located in the western part of the parcel. The material (fill/dirt/pea rock) storage for
3 this business is located in the middle/south side of the parcel. They also recycle wood
4 and concrete in this area of the parcel."
5
6 This is not consistent with the General Use (GU) District zoning.
7 Rudolph Krause & Sons registered with the State of Florida on February 13, 1974.
8
9 Sunshine Enterprises Inc. registered with the State of Florida on October 31, 1988. This
10 business "is a rental/storage business and has storage in the middle part of the parcel as
11 well as the US I Radio tower and associated buildings." This is consistent with the
12 General Use (GU) District zoning.
13
14 Boundary Ltd registered with the State of Florida on September 7, 1989. This business
15 "is the same as Sunshine Enterprises. The office building for these businesses is also
16 located in the center of the parceI." This is not consistent with the General Use (GU)
17 District zoning.
18
19 According to the staff report (Exhibit 1), dated May 5, 1999 written by Chad Meadows
20 and Ralph Gouldy, under Existing or Proposed Use, it states: The first property, RE
21 Number 00114150-000000, has a variety of different uses. The parcel contains the Rudy
22 Krause Construction Company offices as well as related equipment and storage areas.
23 The parcel also contains at least one single family home and the associated buildings. In
24 addition, the property contains two broadcasting towers: one five hundred (500) foot
25 guyed tower owned by Crain Broadcasting (WWUS US Radio 1), and one two hundred-
26 eighty (280) foot self-supporting tower owned by Bellsouth Mobility Corporation. Under
27 the Existing Habitat section: The first property is the largest and has a variety of habitat
28 types including saltmarsh buttonwoods, mangrove areas, freshwater wetlands, and
29 disturbed areas associated with the construction company and other buildings."
30
31 Staff has determined that the proposed map amendment is in accordance with MCC
32 Section 9.5-511(d)(5)b(iii) Data errors.
33
34 iv. New issues:
35
36 Staff Real Estate number 00114150-000400 was created in 2002. This was part of the
37 larger parcel 00114150-000000 which is already scarified and developed.
38
39 Staff has determined that the proposed map amendment is in accordance with MCC
40 Section 9.5-511(d)(5)b(iv) New issues.
41
42 v. Recognition of a need for additional detail or comprehensiveness;
43
44 Applicant: None
45
46 Staff: None
47
Rudolph & Rosann Krause, Trustees Page 6 of 10 Reviewed by
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I
vi.
Data updates:
2
3
Staff Applicant has submitted a request to change properties from Tier 1 to Tier 3. After
4
careful review, the Planning and Environmental Resources staff determined the current
5
properties do not fit under the new tier criteria, MC Land Development Regulation 9.5-
6
256 Tier Overlay District (c )(1). However, this change has not been submitted before
7
the BOCC and has not yet been approved.
8
9
Staff has determined that the proposed FLUM amendment is consistent with the
10
following provisions and intent of Sec. 9.5-511(d)(5)b of the Monroe County Code, Land
11
Development Regulations: (iii) Data errors, (iv) New issues and (v) Data updates.
12
13
C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
14
Critical State Concern:
15
16
(a)
To establish a land use management system that protects the natural environment of
17
the Florida Keys.
18
19
Staff finds the proposed FLUM amendment consistent.
20
21
(b)
To establish a land use management system that conserves and promotes the
22
community character of the Florida Keys.
23
24
Staff finds the proposed FLUM amendment consistent.
25
26
(c)
To establish a land use management system that promotes orderly and balanced
27
growth in accordance with the capacity of available and planned public facilities and
28
services.
29
30
Staff finds the proposed FLUM amendment consistent.
31
32
(d)
To provide for affordable housing in close proximity to places of employment in the
33
Florida Keys.
34
35
Unknown.
36
37
(e)
To establish a land use management system that promotes and supports a diverse and
38
sound economic base.
39
40
Staff finds the proposed FLUM amendment consistent.
41
42
(f)
To protect the constitutional rights of property owners to own, use, and dispose of
43
their real property.
44
45
Staff finds the proposed FLUM amendment consistent.
46
Rudolph & Rosann Krause, Trustees Page 7 of 10 Reviewed by _ _
M28097 BOCC: January 26, 2009
I (g) To promote coordination and efficiency among governmental agencies with
2 permitting jurisdiction over land use activities in the Florida Keys.
3
4 Staff finds the proposed FLUM amendment consistent.
5
6
7 D. Impact on Community Character:
8
9 "In no event shall an amendment be approved which will result in an adverse community
10 change of the planning area in which the proposed development is located."
11
12 Applicant: There will be no adverse community changes — all current uses will remain as is.
13
14 Staff MCC Section 9.5-511 maintains the proposed FLUM amendment may not permit an
15 adverse change in community character. Staff has determined the proposed FLUM
16 designation of MC will not adversely change community character based on the following
17 analysis:
18
19 (a) Local Use Compatibility
20 Parcels surrounding the subject parcel have FLUM designations of RL, RC and MC.
21 This change will allow the parcel to better conform to the neighboring sites as well as
22 becoming compatible with present uses.
23
24 Staff has determined the proposed FLUM designation of MC only on the western
25 portion of the parcels is compatible with the surrounding land uses.
26
27 (b) Density and Intensity
28 Currently, the FLUM of RL supports 0.25-0.50 dwelling units of market rate and five
29 (5) affordable housing dwelling units per buildable acre.
30
31 The proposed FLUM amendment of MC supports up to six (6) dwelling units per
32 acre and a maximum net density of eighteen (18) dwelling units per acre with a
33 commercial floor area ratio of 0.10 to 0.45 and up to fifteen (15) rooms per acre and
34 up to 25 rooms per buildable acre. This is consistent with the surrounding
35 community character.
36
37 (c) Local Traffic and Parking
38 Local roads are already in place and have been well maintained. Adverse impacts on
39 the existing road conditions are not expected to change if the FLUM designation
40 changes from Residential High (RL) to Mixed Use / Commercial (MC).
41
42 (d) Effects on Natural Resources
43 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall
44 direct future growth to lands which are intrinsically most suitable for development
45 and shall encourage conservation and protection of environmentally sensitive lands.
46 Future development would be required to comply with all Monroe County Code,
47 State and Federal environmental regulations.
Rudolph & Rosann Krause, Trustees Page 8 of 10 Reviewed by
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2
The western parcels are already scarified and developed. Because the subject
3
property consists of cleared developed lots, no additional clearing is anticipated for
4
the proposed development. Effects on natural resources are not anticipated.
5
6
7
(e)
Effects on Public Facilities
8
Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires the
9
County to direct future growth away from environmentally sensitive land and towards
10
established development areas served by existing public facilities. The proposed
11
FLUM amendment will not affect Objective 10 L I I and will encourage commercial
12
development to remain on disturbed lands rather than encroaching on
13
environmentally sensitive area.
14
15
(fl
Traffic Circulation
16
U.S. Highway No. I is required to maintain a level of service (LOS) of "C" in order
17
to support additional development. The 2007 U. S. 1 Arterial Travel Time and Delay
18
Study for Monroe County indicates a LOS of "A" from East Shore Drive to Torch
19
Ramrod Bridge (MM 25 to MM 27.5). The proposed FLUM amendment may affect
20
traffic circulation, but not significantly.
21
22
(g)
Solid Waste
23
Monroe County has a solid waste haul out contract with Waste Management LLC,
24
which authorizes the use of in -state facilities through September 20, 2016, thereby
25
providing the County with approximately ten (10) years of guaranteed capacity. The
26
FLUM amendment may affect solid waste, but not significantly.
27
28
(h)
Potable Water
29
In 2002, South Florida Water Management District approved an increase in Florida
30
Keys Aqueduct Authority's Water Use Permit. Monroe County's Public Facilities
31
Capacity Assessment Report indicates there are over 100 gallons of water available
32
per person per day. The 100 gallons per person per day standard is commonly
33
accepted as appropriate and is reflected in Policy 701.1.1 of the Monroe County Year
34
2010 Comprehensive Plan. The proposed FLUM amendment may affect potable
35
water, but not significantly.
36
37
(i)
Stormwater
38
The western side of the subject properties, Iocated in Tier I is scarified and
39
developed. MCC Section 9.5-293 requires that all developments retain stormwater
40
on site following Best Management Practices (BMP's).
41
42
(j)
Effects on Redevelopment.Infill Potential:
43
Objective 102.3.1 of the Monroe County Year 2010 Comprehensive Plan directs the
44
County to encourage infill development where existing Iands are already substantially
45
developed, served by complete infrastructure facilities and within close proximity to
46
established commercial areas and have few sensitive or significant environmental
47
features.
Rudolph & Rosann Krause, Trustees Page 9 of 10 Reviewed by
M28097
BOCC: January 26, 2009
1
2
The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will
3
encourage infill development to remain on already existing developed land.
4
5
6
7
Vl FINDINGS OF FACT AND CONCLUSIONS OF LAW
8
9
1.
The subject parcel is already cleared and developed.
10
11
2.
The subject parcel was given the FLUM designation of RL in 1997 when the FLUM was
12
adopted. The RL designation is consistent with the current Iand use district of SS.
13
14
3.
Parcels surrounding the subject parcel have FLUM designations of RL, RC and MC.
15
16
4.
Changing the FLUM designation from RL to MC will not constitute a change in community
17
character.
18
19
5.
The proposed FLUM designation to MC is compatible with the surrounding land uses.
20
21
6.
The proposed FLUM designation to MC will not be affected by the working waterfront 1DO.
22
23
7.
The proposed map amendment is consistent with the Principles for Guiding Development
24
in the Florida Keys Area of Critical State Concern.
25
26
VIII.
RECOMMENDATION:
27
28
Staff recommends APPROVAL to the Monroe County Board of County Commissioners.
29
Rudolph & Rosann Krause, Trustees Page 10 of 10 Reviewed by
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B O C C TRANSMITTAL RESOLUTION
RESOLUTION NO. -2009
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS TRANSMITTING TO
THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FROM ROSEANN &
RUDOLPH KRAUSE TO AMEND THE FUTURE LAND
USE MAP (FLUM) DESIGNATION FROM
RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY
DESCRIBED AS BEING PART OF THE NORTHEAST
OF SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29
EAST, RAMROD KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS
00114150.000000 & 00114150.000400.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purpose of considering the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Future
Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the
future land use designation of the properties described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County
Board of County Commissioners support the requested future land use map designation
change; and
NOW THERFORE, 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
recommendation of the Planning Commission to transmit 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 (0) set of comprehensive plan amendments for 2009 to
the Florida Department of Community Affairs for review and comment in accordance
with the provisions of Chapter 163.3184, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of
this resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 26 h day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ITV
(SEAL)
Mayor George Neugent
ATTEST: DANNY L. KOLHAGE, CLERK uouROE courrr A RMEY
-JAPPRFSTFRM
Qats: `
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FROM ROSEANN &
RUDOLPH KRAUSE TO AMEND THE FUTURE LAND
USE MAP (FLUM) DESIGNATION FROM
RESIDENTIAL LOW (RL) TO MIXED USE 1
COMMERCIAL (MC) OF PROPERTY LEGALLY
DESCRIBED AS BEING PART OF THE NORTHEAST
OF SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29
EAST, RAMROD KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS
00114150.000000 & 00114150.000400.
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 3166 29 Ramrod Key, Pt
Lot 1, Monroe County, Florida, having Real Estate Number 00091090.000000; and
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact and Conclusions of Law:
1. Goal 101: Monroe County shall manage future growth to enhance the quality
of life, ensure the safety of County residents and visitors, and protect valuable
natural resources.
2. Objective 101.4: Monroe County shall regulate fixture development and
redevelopment to maintain the character of the community and protect the
natural resources by providing for the compatible distribution of land uses
consistent with the designations shown on the Future Land Use Map.
3. Policy 101.4.2: The principal purpose of the Residential Low (RL) land use
category is to provide for low -density residential development in partially
developed areas with substantial native vegetation. Low intensity public and
low intensity institutional uses are also allowed. In addition, Monroe County
shall adopt Land Development Regulations which allow any other
nonresidential use that was listed as a permitted use in the Land Development
Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such
lands on January 4, 1996 to develop, redevelop, reestablish and/or
substantially improve provided that the use is limited in intensity, floor area,
density and to the type of use that existed on January 4, 1996 or limit to what
the pre-2010 LDR's allowed, whichever is more restricted.
4. Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC)
land use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office may be permitted
at intensities which are consistent with the community character and the
natural environment. Employee housing and commercial apartments are also
permitted.
5. Pursuant to MCC Sec. 9.5-511(d)(5)b, the BOCC may consider the adoption
of an ordinance enacting the proposed change based on one (1) or more of the
following factors: (i) Changed projections (e.g., regarding public service
needs) from those on which the text or boundary was based; (ii) Changed
assumptions (e.g., regarding demographic trends); (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1
of the plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates
6. The proposed map amendment meets three (3) of the factors set forth in MCC
Sec. 9.5-511(d)(5)b — (iii) Data errors, (iv) New issues, (vi) 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.
S. The proposed FLUM amendment from Residential Low (RL) to Mixed Use f'
Commercial (MC) boundary has been determined by Ralph Gouldy, Senior
Administrator of Environmental Resources to include only the scarified and
cleared western side of Real Estate Number 00114150.000000 and the entire
parcel of Real Estate Number 00114150.000400;
9. The proposed FLUM amendment will not change the eastern side of Real
Estate Number 00114150.000000 and will remain Residential Conservation
(RC); the boundary being determined by Ralph Gouldy, Senior Administrator
of Environmental Resources; and
10. The subject parcel was given the FLUM designation of Residential Low (RL)
in 1997 when the FLUM was adopted. The RL designation is consistent with
the current land use district of SS.
11. Changing the FLUM designation from RL to MC will not constitute a change
in community character.
12. The subject parcel is already cleared and developed.
13. Parcels surrounding the subject parcel have FLUM designations of RL, RC
and MC.
14. The proposed FLUM designation to MC is compatible with the surrounding
land uses.
15. The proposed FLUM designation to MC will not be affected by the working
waterfront IDO.
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;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. 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. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 26 h day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor George Neugent
MONROE COUNly ATTORNEY
AP OV AS TO FORM
Vale:
M"
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Exhibit 1 to Ordinance# -2009
The Mwroe Couft Futwe Land Use Map to amended
as indcated above.
ftposaah Future Lang Use change of RE 001141SMMM and a portion of
RE Wl1415{4 XWW from ResderMa! Low (RL) to
Wed Us&CXw nwftal (MC)
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