Item B2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 2. 2009 Division: Growth Management
Bulk Item: Yes - No X- Department: Planning & Environmental Resource
Staff Contact: Andrew O. Trivette. Growth Management Director
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County Commissioners
approving the request by Roseann & Rudolph Krause, proposing an ordinance to amend the subject
property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use /
Commercial (MC).
ITEM BACKGROUND:
This item is part of the 09-01 Monroe County Comprehensive Plan Amendment package. The package was
transmitted to the DCA in January. Staff received the Department's Objections, Recommendations and
Comments report for the package. The DCA provided objections, recommendations or comments regarding
this item, which was # 1 of the 3 objections in the DCA report. The objections, recommendations and
comments are addressed in the staff report.
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:
January 29, 2009 - 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 Low (RL) to Mixed Use / Commercial (MC).
CONTRACVAGREEMENTCHANGES:N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes - No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No N/A AMOUNT PER MONTH: N/A Year__
APPROVED BY: County Attorney _ OMB / Purchasing _ Risk Management _
DOCUMENTATION: Included -X- Not Required_
DISPOSITION: AGENDA ITEM # }).~
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY RUDOLPH & ROSEANN
KRAUSE TRUSTEES TO AMEND THE FUTURE LAND USE (FLUM)
DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER AS 0.0.114150..0Q.QiQ!L
AND A PORTION OF PROPERTY LEGALLY DESCRIBED AS SECTION 31,
TOWNSlllP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 0.0.114150..0eOeOo.;
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, 20.09, 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 10.1.4.5 of the Monroe County Year 20. 10. 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 0.0.0.910.90..0.0.0.0.0.0.; and
WHEREAS, based upon the infonnation and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
1. The proposed FLUM amendment is for the western portion (8.46 acres) of real estate
number OOII5140.000000and the entire parcel (3.0.1 acres) of real estate number
0.114150.-00.040.9.
2. The proposed FLUM amendment is consistent with Monroe County Year 20. 10.
Comprehensive Plan Goal 10.1 manages future growth to enhance the quality of life.
3. The proposed FLUM amendment is consistent with Monroe County Year 20.10.
Comprehensive Plan Objective 10.1.4 which maintains the community characters and
protects natural resources by regulating future development and redevelopment.
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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: (Hi) Data errors, (iv) New issues and (v) Data updates.
7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding
Development as a whole and not inconsistent with anyone principle. The proposed area
is cleared, scarified and developed and will not significantly affect natural resources.
8. MCC Section 102-158 maintains the proposed FLUM amendment may not permit an
adverse change in community character. Staff has determined the proposed future land
use map designation to Mixed Use / Commercial (MC) will not adversely change
community character.
9. Local roads are already in place and have been well maintained.
10. The 1 1.47 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 stonnwater 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;
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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.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida and transmitted to the Florida Department of Community Affairs, but shall not become
effective until a notice is issued by the DCA or Administration Commission approving the
ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 2nd day of June A.D., 2009.
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
BY
Mayor George Neugent
(SEAL )
ArrEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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