Item O03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19,2008 Division: Growth Management
Bulk Item: Yes No x.. Department: Planning & Environmental Resource
Staff Contact Person: Joseph Haberman, Principal
Planner
AGENDA ITEM WORDING:
A public hearing to consider a DCA transmittal resolution at the request of the Planning &
Environmental Resources Department to amend the subject property's Future Land Use Map
(FLUM) designation from Mixed Use / Commercial (MC) to Recreation (R), Real Estate
Number 00286360,000000 in accordance with Policy 1201.4.2 of the Monroe County Year 2010
Comprehensive Plan and 99.5-511 of the Monroe County Code,
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on November 7, 2007 and based on
the facts presented at the meeting, the Planning Commission recommended approval of the map
amendment application to the Board of County Commissioners as memorialized as in Resolution
No. P57-07.
PREVIOUS RELEVANT COMMISSION ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/ A 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 X OMB / Purchasing_ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2008
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
BY THE MONROE COUNTY PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT TO
AMEND THE FUTURE LAND USE MAP (FLUM)
DESIGNATION FROM MIXED USE / COMMERCIAL (MC)
TO RECREATION (R) OF PROPERTY LEGALLY
DESCRIBED AS WHISPERING PINES PLAT NO.3, PB4-59,
BIG PINE KEY TRACT A, BIG PINE KEY, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00286360.000000.
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 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) transmittal of comprehensive plan amendments for
2008 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-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 regular meeting held on the 19th day of March, A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(SEAL)
A TTEST: DANNY L KOLHAGE, CLERK
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY THE MONROE COUNTY PLANNING &
ENVIRONMENTAL RESOURCES DEP ARTMENT TO
AMEND THE FUTURE LAND USE MAP (FLUM)
DESIGNA nON FROM MIXED USE / COMMERCIAL (Me)
TO RECREA TION (R) OF PROPERTY LEGALL Y
DESCRIBED AS WHISPERING PINES PLAT NO.3, PB4-59,
BIG PINE KEY TRACT A, BIG PINE KEY, MONROE
COUNTY, FLORIDA, HA VING REAL EST A TE NUMBER
00286360.000000,
WHEREAS, during a regularly scheduled public meeting held on March 19,
2008, the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by the Monroe County Department of Planning &
Environmental Resources to amend the subject property's Future Land Use Map (FLUM)
designation from Mixed Use / Commercial (MC) to Recreation (R) in accordance with
Policy 1201.4,2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-
511 of the Monroe County Code; and
WHEREAS, the subject property, commonly known as Big Pine Key Park, is
located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is
legally described as Whispering Pines Plat #3, PB4-59, Big Pine Key Tract A, Monroe
County, Florida, having Real Estate Number 00286360.000000; and
WHEREAS, as part of the Livable Communi Keys planning process for Big Pine
Key and No Name Key, Staff planned for recreational and community facilities that
would meet the needs of the community's residents. The subject property was identified
as a location that would fulfill a community need for one large recreational site; and
WHEREAS, in 2002, the Monroe County Comprehensive Plan Land Authority
purchased the property and conveyed the property to the Monroe County Board of
County Commissioners for development as a park; and
WHEREAS, on April 10, 2007, the Planning Commission approved the request
of the Monroe County Facilities Development Department for a minor conditional use
permit in order to construct a new park facility on the subject property; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Findings of Fact:
1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states
that upon fee simple acquisition, new county-owned neighborhood and
community park sites shall be reassi!,'11ed to the Park and Refuge (PR) District;
and
2. The proposed Future Land Use Map (FLUM) designation is Recreation (R),
Policy 10 1.4,9 of the Monroe County Year 2010 Comprehensive Plan states
the principal purpose of the Recreation (R) land use category is to provide for
public and private activity-based and resource-based recreational facilities;
and
3, The proposed Land Use District designation is Park and Refuge (PR),
Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the
Park and Refuge (PR) District is to establish and protect areas as parks,
recreational areas and wildlife refuges; and
4. Section 9.5-511(a) of the Monroe County Code maintains that map
amendments are not intended to relieve particular hardships, nor to confer
special privileges or rights on any person, nor to permit a change in
community character, as anal yzed III Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. Pursuant to Section 9,5-511(d)(5)b of the Monroe County Code, the Monroe
County Board of County Commissioners 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 demo!,Yfaphic 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; and
6. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Conclusions of Law:
1. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Big Pine Key Park is county-owned and maintained. Therefore, in
accordance with Policy 1201.4.2 of the Monroe County Year 2010
Comprehensive Plan, Monroe County is mandated to amend the property's
land use district designation to Park and Refuge (PR); and
b, The community park use of the property is consistent with the purpose of
the Recreation (R) Future Land Use Map (FLUM) designation, as set forth
in Policy 101 A.9 of the Monroe County Year 2010 Comprehensive Plan;
and
c. The proposed Future Land Use Map (FLUM) designation of Recreation
(R) corresponds to the proposed Land Use District designation of Park and
Refuge (PR); and
2. The proposed map amendments are consistent with the provisions and intent
of Chapter 9.5 of the Monroe County Code:
a. The community park use of the property is consistent with the purpose of
the Park and Refuge (PR) District designation, as set forth in Section 9.5-
224 of the Monroe County Code; and
b. The community park use of the property is an as-of-right permitted use in
the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the
Monroe County Code; and
c, The proposed Land Use District designation of Park and Refuge (PR)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Recreation (R); and
3. The Big Pine Key Park has been approved, as recorded in Monroe County
Development Order No. 03-07. Consequently, its approval and future
development is not reliant on the proposed map amendments, Therefore, the
proposed map amendments shall not relieve particular hardships, nor confer
special privileges or rights on any person, nor permit a change in community
character, as analyzed in the Monroe County Year 2010 Comprehensive Plan;
and
4. The proposed map amendments meet one (1) of the factors set forth in Section
9,5-51 1 (d)(5)b of the Monroe County Code: (iv) New issues; and
5, The proposed map amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Planning & Environmental Resources Department Staff have found
that all of the required standards shall be met and recommended approval of the
application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on November 7, 2007 and based on the facts presented at the meeting, the
Planning Commission recommended approval of the request as memorialized in Planning
Commission Resolution No. P57-07; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated Mixed
Use / Commercial (MC) shall be designated Recreation (R) 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 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.
(This area has been intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
I Exhibit 1 to Ordinance# -200sl
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The Monroe County Future Land Use District Map is amended
as indicated above.
RE 00286360-000000 - Change Future Land Use Map Designation from N
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Joseph Haberman, Principal Planner
Through: Townsley Schwab, Acting Sf. Director of Planning & Environmental Resources
Date: March 3, 2008
Subject: Requestfor an Amendment to the Land Use District Map & Future Land Use Map
Big Pine Key Park, Big Pine Key, Mile Marker 31, Real Estate Number
00286360.000000
Meeting: March 19,2008
1
2 I REQUEST
3
4 A request by the Monroe County Planning & Environmental Resources Department to amend
5 the subject property's Future Land Use Map (FLUM) designation from Mixed Use /
6 Commercial (MC) to Recreation (R) and Land Use District designation from Sub Urban
7 Commercial (SC) to Park and Refuge (PR) in accordance with Policy 1201 A.2 of the Monroe
8 County Year 2010 Comprehensive Plan and Section 9,5-511 of the Monroe County Code,
9
10
11 .. .' ~
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12 , '.
13
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15
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24 Existing Land Use District Map Existing Future Land Use Map
25
26 A. Address: Big Pine Key Park, 31009 Atlantis Drive, Big Pine Key, Mile Marker 31
27 B. Legal Description: Whispering Pines Plat No, 3, PB4-59, Big Pine Key Tract A
28 C. Real Estate Number: 00286360.000000
29 D, Applicant/Petitioner: Monroe County Planning & Environmental Resources Department
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1 E. Property Owner: Monroe County Board of County Commissioners
2
3 II PROCESS
4
5 In accordance with the provisions set forth in Sec. 9.5-511 of the Monroe County Code
6 (MCC), amendments may be proposed by the Board of County Commissioners (BOCC), the
7 Planning Commission, the Director of Planning, owner or other person having a contractual
8 interest in property to be affected by a proposed amendment. The Director of Planning shall
9 review and process text and map amendment applications as they are received and pass them
10 on to the Development Review Committee and the Planning Commission for
1 1 recommendation and final approval by the BOCC.
12
13 The Planning Commission and the BOCC shall each hold at least one public hearing on a
14 proposed amendment. The Planning Commission shall review the application, the reports
15 and recommendations of the Department of Planning & Environmental Resources and the
16 Development Review Committee, and the testimony given at the public hearing, and shall
17 submit its recommendations and findings to the BOCC. The BOCC shall consider the report
18 and recommendation of the Planning Commission and the testimony given at the public
19 hearings and may either deny the application or adopt an ordinance approving the proposed
20 amendment Ordinances are then reviewed by the Florida Department of Community
21 Affairs,
22
23 In the event of a written protest against an amendment signed by the owners of twenty (20)
24 percent or more either of the area of the lots or land included in the proposed amendment or
25 of the lots or land immediately adjoining the property to be affected and extending two
26 hundred (200) feet there from, such an amendment shall not become effective except by the
27 favorable vote of four (4) members of the BOCC.
28
29 III RELEV ANT PRIOR COUNTY ACTIONS
30
31 In 2002, the Monroe County Comprehensive Plan Land Authority purchased the property
32 and conveyed it to the BOCC for development as a park.
33
34 In 2007, the Monroe County Facilities Development Department applied for a minor
35 conditional use permit in order to develop a community park on the property, The
36 conditional use permit application was approved by the Director of Planning &
37 Environmental Resources with conditions. The approval was recorded in Development
38 Review Committee Development Order No. 03-07.
39
40 On August 21,2007, the Development Review Committee conducted a review of the request
41 to amend the subject property's Future Land Use Map (FLUM) designation from Mixed Use
42 / Commercial (MC) to Recreation (R) and Land Use District designation from Sub Urban
43 Commercial (SC) to Park and Refuge (PR), Based upon findings of fact and conclusions of
44 law, the Development Review Committee and Director of Planning & Environmental
45 Resources recommended approval of the application to the Monroe County Planning
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1 Commission. The recommendation was recorded in Development Review Committee
2 Resolution No, 021-07.
3
4 IV BACKGROUND INFORMATION
5
6 A. Size of Site: 436,036 ft2 (10,01 acres)
7 B. Tier Designation: Tier III
8 C. Flood Zone: AE - EL 8; AE - EL 9 & VE - EL 10
9 D. Existing Use: Community park (currently under construction)
10 E. Existing Vegetation / Habitat: Developed
11 F, Community Character of Immediate Vicinity: Single-family residential
12
13 V REVIEW OF APPLICATION
14
15 A, Consistency of the proposed amendment with the provisions and intent of the Monroe
16 County Year 2010 Comprehensive Plan:
17
18 Staff has determined that the proposed map amendments are consistent with the
19 provisions and intent of the Year 2010 Comprehensive Plan.
20
21 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
22 that directly pertain to the proposed amendments include:
23
24 . Chapter 3,12: Recreation and Open Space
25
26 Goal 1201: Monroe County shall provide a recreation and open space system to
27 conserve valuable natural resources and to provide recreational opportunities
28 adequate to serve the present and future population of Monroe County, including
29 permanent residents and visitors.
30
31 Objective 1201.4: By January 4, 1997, Monroe County shall revise the Land
32 Development Regulations to permit and facilitate park-related development
33 activities at county-owned sites,
34
35 Policy 1201.4.1: Existing county-owned neighborhood and community
36 parks shall be assigned to the Park and Refuge (PR) Land Use District
37
38 Policy 1201.4.2: Upon fee simple acquisition, new county-owned
39 neighborhood and community park sites shall be reassigned to the Park and
40 Refuge (PR) Land Use District
41
42 Big Pine Key Park shall be county-owned and operated when completed. Policy
43 1201.4,2 directs Staff to designate the community park property's Land Use
44 District designation as Park and Refuge (PR),
45
46 . Chapter 3.1: Future Land Use
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1
2 Goal 101: Monroe County shall manage future growth to enhance the quality of
3 life, ensure the safety of County residents and visitors, and protect valuable
4 natural resources,
5
6 Objective 101A: Monroe County shall regulate future development and
7 redevelopment to maintain the character of the community and protect the natural
8 resources by providing for the compatible distribution of land uses consistent with
9 the designations shown on the Future Land Use Map.
10
11 Policy 101A,5: The principal purpose of the Mixed Use / Commercial (MC)
12 land use category is to provide for the establishment of commercial zoning
13 districts where various types of commercial retail and office may be
14 permitted at intensities which are consistent with the community character
15 and the natural environment. Employee housing and commercial apartments
16 are also permitted.
17
18 Policy 101.4.9: The principal purpose of the Recreation (R) land use
19 category is to provide for public and private activity-based and resource-
20 based recreational facilities.
21
22 Staff has found that park and public uses are more consistent with the principal
23 purpose of the future land use category of R than the principal purpose of the
24 future land use category ofMC.
25
26 Goals, Strategies and Action Items from the Master Plan for Future Development of Big
27 Pine Key and No Name Key that directly pertain to the proposed development include:
28
29 . Chapter 2: Land Use and Redevelopment Element
30
31 Goal 6: Provide facilities for the active and passive recreational needs of all age
32 groups in the community while avoiding unnecessary impacts to the protected
33 speCIes,
34
35 Strategy 6,1: Plan for recreational and community facilities over the next 20
36 years to be consistent with the community vision and development plan selected
37 through the Livable CommuniKeys planning process to meet the needs of Big
38 Pine Key and No Name Key residents, Planned facilities shall also be consistent
39 with the incidental take permit and the accompanying Habitat Conservation Plan
40 for the Florida Key Deer and Other Protected Species,
41
42 Action Item 6,1,1: Designate and develop the property currently known as
43 "Mariners Resort" for the purpose of meeting the active recreation needs
44 of the community over the twenty-year planning horizon.
45
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1 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
2 the Monroe County Code, Land Development Regulations:
3
4 Staff has determined that the proposed map amendments are consistent with the
5 provisions and intent ofMCC Chapter 9.5.
6
7 In accordance with MCC See, 9.5-511(d)(5)b" the BOCC may consider the adoption of
8 an ordinance enacting the proposed change based on one (I) or more of the following
9 factors:
10
11 1. Changed projections (e.g., regarding public service needs) from those on which the
12 text or boundmy was based;
13
14 None.
15
16 11. Changed assumptions (e.g., regarding demographic trends);
17
18 None.
19
20 iii. Data errors, including errors in mapping, vegetative types and natural features
21 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
22
23 None,
24
25 iv, New issues;
26
27 Prior to the 1986 adoption of the county's current land development regulations, the
28 property was within a RU-3 district (Multiple-Family Residential). The land use
29 designation was changed to Sub Urban Commercial (SC) in 1986 with the adoption
30 of the current regulations. The property was given a corresponding FLUM
31 designation of Mixed Use Commercial (MC) in 1997,
32
33 A mixed-use resort was developed on the property in the 1950s. However, the resort
34 went out of operation in the early 1980s and the property's transient residential and
35 commercial uses were discontinued at that time.
36
37 During the Livable Communi Keys planning process for Big Pine Key and No Name
38 Key, the property was identified as a location that would fulfill a community need for
39 one large recreational site. Based upon that determination, the Monroe County
40 Comprehensive Plan Land Authority purchased the property in 2002 and conveyed it
41 to the BOCC for development as a community park, In 2007, a minor conditional use
42 permit was approved in order to develop a community park on the property.
43
44 Since no adjacent properties have a land use district designation of SC or a FLUM
45 designation of MC, Staff has determined that the subject property was provided its
46 current designations by reason of its historic transient residential and commercial
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1 uses. The property was designated as SC in 1986 and MC in 1997. Both dates were
2 before a community park was planned for the site.
3
4 Although the Big Pine Key Park was permitted with minor conditional use permit
5 approval under its current designation of SC, Staff has found that park and public
6 uses are more consistent with the purpose of the PR District than the purpose of the
7 SC District Pursuant to MCC Sec. 9,5-206, the purpose of the SC District is to
8 establish areas for commercial uses designed and intended primarily to serve the
9 needs of the immediate planning area in which they are located. Pursuant to MCC
10 Sec. 9.5-224, the purpose of the PR District is to establish and protect areas as parks,
11 recreational areas and wildlife refuges.
12
13 Furthermore, Staff has found that under a PR District designation, the review process
14 for building permits would be better facilitated, Pursuant to MCC Sec, 9.5-235, in the
15 SC District, parks and community parks may be permitted only with minor
16 conditional use approvaL However, pursuant to MCC Sec. 9.5-253, under a PR
17 District designation, future park -related development may be permitted as-of-right
18
19 v, Recognition ofa need for additional detail or comprehensiveness; or
20
21 None,
22
23 vi. Data updates;
24
25 None.
26
27 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
28 Critical State Concern:
29
30 Staff has determined that the proposed map amendments are consistent with the
31 Principles for Guiding Development as a whole and are not inconsistent with any
32 principle. Specifically, Staff has found that the amendments further Principle (h), to
33 protect the value, efficiency, cost-effectiveness, and amortized life of existing and
34 proposed major public investments.
35
36 D, Impact on Community Character:
37
38 The community character of the area is single-family residentiaL Staff has found that a
39 community park use benefits the general public by providing recreational opportunities to
40 the community and is consistent with the single-family residential character. This
41 determination was stren!,Jthened by the community input provided during the Livable
42 Communi Keys planning process for Big Pine Key and No Name Key, Members of the
43 community identified the property as a good location for a community park.
44
45
46
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1 VI FINDINGS OF FACT
2
3 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon
4 fee simple acquisition, new county-owned neighborhood and community park sites shall
5 be reassigned to the Park and Refuge (PR) District; and
6
7 2, The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy
8 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal
9 purpose of the Recreation (R) land use category is to provide for public and private
10 activity-based and resource-based recreational facilities; and
11
12 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to
13 Section 9,5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR)
14 District is to establish and protect areas as parks, recreational areas and wildlife refuges;
15 and
16
17 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not
18 intended to relieve particular hardships, nor to confer special privileges or rights on any
19 person, nor to permit a change in community character, as analyzed in Monroe County
20 Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of
21 changed conditions; and
22
23 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County
24 Board of County Commissioners may consider the adoption of an ordinance enacting the
25 proposed change based on one (1) or more of the following factors: (i) Changed
26 projections (e.g" regarding public service needs) from those on which the text or
27 boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii)
28 Data errors, including errors in mapping, vegetative types and natural features described
29 in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail
30 or comprehensiveness; or (vi) Data updates; and
31
32 6, Map amendments shall be consistent with the Principles for Guiding Development in the
33 Florida Keys Area of Critical State Concern.
34
35 VII CONCLUSIONS OF LAW
36
37 1. The proposed map amendments are consistent with the provisions and intent of the
38 Monroe County Year 2010 Comprehensive Plan:
39
40 a, Big Pine Key Park is county-owned and maintained. Therefore, in accordance
41 with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan,
42 Monroe County is mandated to amend the property's land use district
43 designation to Park and Refuge (PR); and
44
Page 70f8 Reviewed by __
C:\Do<.:umcnts and Scttings\tezanos-mayra\Lo<.:al Settings\Tcmporary Internet Filcs\OLK 13B\20080319 Big Pine Key Park
FLUM Map Amendment BOCC SR.do<.:
1 b. The community park use of the property is consistent with the purpose of the
2 Recreation (R) Future Land Use Map (FLUM) designation, as set forth in
3 Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and
4
5 c, The proposed Future Land Use Map (FLUM) designation of Recreation (R)
6 corresponds to the proposed Land Use District designation of Park and Refuge
7 (PR); and
8
9 2. The proposed map amendments are consistent with the provisions and intent of Chapter
10 9,5 of the Monroe County Code:
11
12 a, The community park use of the property is consistent with the purpose of the
13 Park and Refuge (PR) District designation, as set forth in Section 9,5-224 of
14 the Monroe County Code; and
15
16 b. The community park use of the property is an as-of-right permitted use in the
17 Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe
18 County Code; and
19
20 c. The proposed Land Use District designation of Park and Refuge (PR)
21 corresponds to the proposed Future Land Use Map (FLUM) designation of
22 Recreation (R); and
23
24 3. The Big Pine Key Park has been approved, as recorded in Monroe County Development
25 Order No. 03-07, Consequently, its approval and future development is not reliant on the
26 proposed map amendments. Therefore, the proposed map amendments shall not relieve
27 particular hardships, nor confer special privileges or rights on any person, nor permit a
28 change in community character, as analyzed in the Monroe County Year 2010
29 Comprehensive Plan; and
30
31 4, The proposed map amendments meet one (1) of the factors set forth in Section 9.5-
32 511(d)(5)b ofthe Monroe County Code: (iv) New issues; and
33
34 5. The proposed map amendments are consistent with the Principles for Guiding
35 Development in the Florida Keys Area of Critical State Concern; and
36
37 VIII RECOMMENDATION
38
39 Staff recommends APPROVAL to the Planning Commission and Board of County
40 Commissioners
Page 8 of8 Reviewed by __
C:'Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK 1 3B\200803 19 Big Pine Key Park
FLUM Map Amendment BOCC SR.doc
PLANNING COMMISSION
RESOLUTION NO. P57-07
~ --
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P57-07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROV AL TO THE BOARD
OF COUNTY COMMISSIONERS OF A REQUEST BY THE
MONROE COUNTY PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND
USE MAP (FLUM) DESIGNA nON FROM MIXED USE /
COMMERCIAL (MC) TO RECREATION (R) AND TO AMEND
THE LAND USE DISTRICT DESIGNATION FROM SUB URBAN
COMMERCIAL (SC) TO PARK AND REFUGE (PR) OF
PROPERTY LEGALLY DESCRIBED AS WHISPERING PINES
PLAT NO, 3, PB4-59, BIG PINE KEY TRACT A, BIG PINE KEY,
MONROE COUNTY, FLORIDA, HA VING REAL ESTATE
NUMBER 00286360.000000.
WHEREAS, during a regularly scheduled public meeting held on November 7,
2007, the Monroe County Planning Commission conducted a review and consideration of
a request filed by the Monroe County Department of Planning & Environmental
Resources to amend the subject property's Future Land Use Map (FLUM) designation
from Mixed Use / Commercial (MC) to Recreation (R) and Land Use District designation
from Sub Urban Commercial (SC) to Park and Refuge (PR) in accordance with Policy
1201.4,2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5-511 of
the Monroe County Code; and
WHEREAS, the subject property, commonly known as Big Pine Key Park, is
located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 3 L and is
legally described as Whispering Pines Plat #3, PB4-59, Big Pine Key Tract A, Monroe
County, Florida, having Real Estate Number 00286360.000000; and
WHEREAS, the Planning Commission reviewed the following documents and
other information relevant to the request:
1. Map Amendment application received by the Monroe County Planning &
Environmental Resources Department on August 14,2007; and
2. Minor Conditional Use Permit, Development Order No. 03-07; and
Resolution No. P57-07
File No. M27088 Page I of5
3. Site Plan (C-l) by mbi I k2m Architecture, Monroe County Engineering
Division & Nielsen Structural Engineers, dated April 26, 2007: and
4. Boundary Survey by R.E. Reese, dated October 22, 2004; and
5. Staff report prepared by Joseph Haberman, Monroe County Planner, dated
October 19,2007; and
6. Development Review Committee Resolution No, 021-07; and
7. Sworn testimony of Monroe County Planning & Environmental Resources
Department Staff; and
8. Sworn testimony of the general public; and
9. Advice and counsel of John Wolfe; and
WHEREAS, as part of the Livable CommuniKeys planning process for Big Pine
Key and No Name Key, Staff planned for recreational and community facilities that
would meet the needs of the community's residents. The subject property was identified
as a location that would fulfill a community need for one large recreational site; and
WHEREAS, in 2002, the Monroe County Comprehensive Plan Land Authority
purchased the property and conveyed the property to the Monroe County Board of
County Commissioners for development as a park; and
WHEREAS, on April 10, 2007, the Planning Commission approved the request
of the Monroe County Facilities Development Department for a minor conditional use
permit in order to construct a new park facility on the subject property; and
WHEREAS, the park facility, which is under construction at this time, shall
consist of one (1) community building; one (1) baseball field; one (1) multi-purpose field;
one (1) multi-use court that may be used as either three (3) basketball courts or one (1)
roller hockey court; two (2) multi-purpose handball courts; one (1) playground; one (1)
skate park; two (2) tennis courts; four (4) bocce ball courts; four (4) shuffleboard courts;
one (1) fitness trail; fifteen (15) picnic shelters; one (1) wood shelter; one (1) sheriff
deputy's residence; and other associated improvements; and
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact:
1. Policy 1201.4.2 of the Monroe County Year 20 10 Comprehensive Plan states
that upon fee simple acquisition, new county-owned neighborhood and
community park sites shall be reassigned to the Park and Refuge (PR) District;
and
2. The proposed Future Land Use Map (FLUM) designation is Recreation (R).
Policy 101.4,9 of the Monroe County Year 2010 Comprehensive Plan states
the principal purpose of the Recreation (R) land use category is to provide for
public and private activity-based and resource-based recreational facilities;
and
Resolution No. P57-07
File No. M27088 Page 2 of 5
3. The proposed Land Use District designation is Park and Refuge (PR).
Pursuant to Section 9.5-224 of the Monroe County Code. the purpose of the
Park and Refuge (PR) District is to establish and protect areas as parks,
recreational areas and wildlife refuges; and
4. Section 9.5-511(a) of the Monroe County Code maintains that map
amendments are not intended to relieve particular hardships, nor to confer
special privileges or rights on any person, nor to permit a change in
community character, as analyzed in Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. Pursuant to Section 9,5-5 I 1(d)(5)b of the Monroe County Code, the Monroe
County Board of County Commissioners may consider the adoption of an
ordinance enacting the proposed change based on one (l) 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; and
6, Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, the Planning Commission makes the following Conclusions of Law:
1. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Big Pine Key Park is county-owned and maintained. Therefore, in
accordance with Policy 1201 A.2 of the Monroe County Year 20 10
Comprehensive Plan, Monroe County is mandated to amend the property's
land use district designation to Park and Refuge (PR); and
b, The community park use of the property is consistent with the purpose of
the Recreation (R) Future Land Use Map (FLUM) designation, as set forth
in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan;
and
c, The proposed Future Land Use Map (FLUM) designation of Recreation
(R) corresponds to the proposed Land Use District designation of Park and
Refuge (PR); and
2, The proposed map amendments are consistent with the provisions and intent
of Chapter 9.5 of the Monroe County Code:
Resolution No. P57-07
File No. M27088 Page 3 of5
a. The community park use of the property is consistent with the purpose of
the Park and Refuge (PR) District designation. as set forth in Section 9.5-
224 of the Monroe County Code; and
b. The community park use of the property is an as-of-right permitted use in
the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the
Monroe County Code; and
c. The proposed Land Use District designation of Park and Refuge (PR)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Recreation (R); and
3, The Big Pine Key Park has been approved, as recorded in Monroe County
Development Order No, 03-07. Consequently, its approval and future
development is not reliant on the proposed map amendments. Therefore, the
proposed map amendments shall not relieve particular hardships, nor confer
special privileges or rights on any person, nor permit a change in community
character, as analyzed in the Monroe County Year 2010 Comprehensive Plan;
and
4, The proposed map amendments meet one (I) of the factors set forth in Section
9.5-511(d)(5)b of the Monroe County Code: (iv) New issues; and
5. The proposed map amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Planning & Environmental Resources Department Staff has found
that all of the required standards shall be met and recommended approval of the
application; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to RECOMMEND APPROVAL to
the Board of County Commissioners of the request of the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM)
designation from Mixed Use I Commercial (MC) to Recreation (R) and to amend the
Land Use District designation from Sub Urban Commercial (SC) to Park and Refuge
(PR) of property legally described as Whispering Pines Plat No.3. Pb4-59, Big Pine Key
Tract A, Big Pine Key, Monroe County, Florida, having Real Estate Number
00286360.000000.
Resolution No. P57-07
File No. M27088 Page 4 of5
PASSED AND ADOPTED BY THE PLANNING COMMISION of
Monroe County, Florida, at a regular meeting held on the 7th day of
November, 2007.
Chair Cameron YES
Vice-Chair Wall YES
Commissioner Windle YES
Commissioner Popham YES
Commissioner arston YES
TY, FLORIDA
BY
Signed this pm day of LltJ/7t/orq ,2008.
/
,
,
BY
Resolution No. P57-07
File No. M27088 Page5of5
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. D21-07
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. D21-07
A RESOLUTION RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF A REQUEST
BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND
USE MAP (FLUM) DESIGNATION FROM MIXED USE /
COMMERCIAL (Me) TO RECREATION (R) AND TO AMEND
THE LAND USE DISTRICT DESIGNATION FROM SUB URBAN
COMMERCIAL (SC) TO PARK AND REFUGE (PR) OF
PROPERTY LEGALLY DESCRIBED AS WHISPERING PINES
PLAT NO.3, PB4-59, BIG PINE KEY TRACT A, BIG PINE KEY,
MONROE COUNTY, FLORIDA, HA VING REAL ESTATE
NUMBER 00286360.000000,
WHEREAS, during a regularly scheduled meeting held on August 21, 2007, the
Development Review Committee of Monroe County conducted a review and
consideration of the request by the Monroe County Department of Planning &
Environmental Resources to amend the subject property's Future Land Use Map (FLUM)
designation from Mixed Use / Commercial (Me) to Recreation (R) and Land Use District
designation from Sub Urban Commercial (SC) to Park and Refuge (PR) in accordance
with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section
9.5-511 of the Monroe County Code; and
WHEREAS, the subject property, commonly known as Big Pine Key Park, is
located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is
legally described as Whispering Pines Plat #3, PB4-59, Big Pine Key Tract A, Monroe
County, Florida, having Real Estate Number 00286360.000000; and
WHEREAS, the Development Review Committee reviewed the following
documents and other information relevant to the request:
L Map Amendment application received by the Monroe County Planning &
Environmental Resources Department on August 14, 2007; and
2. Minor Conditional Use Permit, Development Order No. 03-07; and
Resolution No. D21-07 Initials~
File No. M27088
Page I of5
3. Site Plan (C-l) by mbi I k2m Architecture, Monroe County Engineering
Division & Nielsen Structural Engineers, dated April 26, 2007; and
4. Boundary Survey by R.E, Reese, dated October 22, 2004; and
5. Staff report prepared by Joseph Haberman, Monroe County Planner, dated
August 10,2007; and
WHEREAS, as part of the Livable CommuniKeys planning process for Big Pine
Key and No Name Key, Staff planned for recreational and community facilities that
would meet the needs of the community's residents. The subject property was identified
as a location that would fulfill a community need for one large recreational site; and
WHEREAS, in 2002, the Monroe County Comprehensive Plan Land Authority
purchased the property and conveyed the property to the Monroe County Board of
County Commissioners for development as a park; and
WHEREAS, on April 10, 2007, the Monroe County Planning Commission
approved the request of the Monroe County Facilities Development Department for a
minor conditional use permit in order to construct a new park facility on the subject
property; and
WHEREAS, the park facility, which is under construction at this time, shall
consist of one (I) community building; one (1) baseball field; one (1) multi-purpose field;
one (l) multi-use court that may be used as either three (3) basketball courts or one (1)
roller hockey court; two (2) multi-purpose handball courts; one (l) playground; one (1)
skate park; two (2) tennis courts; four (4) bocce ball courts; four (4) shuffleboard courts;
one (1) fitness trail; fifteen (15) picnic shelters; one (1) wood shelter; one (1) sheriff
deputy's residence; and other associated improvements; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee made the following Findings of Fact:
1. Policy 1201.4.2 of the Monroe County Year 20 10 Comprehensive Plan states
that upon fee simple acquisition, new county-owned neighborhood and
community park sites shall be reassigned to the Park and Refuge (PR) District;
and
2. The proposed Future Land Use Map (FLUM) designation is Recreation (R),
Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states
the principal purpose of the Recreation (R) land use category is to provide for
public and private activity-based and resource-based recreational facilities;
and
3, The proposed Land Use District designation is Park and Refuge (PR).
Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the
Park and Refuge (PR) District is to establish and protect areas as parks,
recreational areas and wildlife refuges; and
Resolution No. D21-07 lnitial~
File No. M27088
Page 2 of 5
4. Section 9,5-511 (a) of the Monroe County Code maintains that map
amendments are not intended to relieve particular hardships, nor to confer
special privileges or rights on any person, nor to pennit a change i!1
community character, as analyzed III Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. Pursuant to Section 9,5-5l1(d)(5)b of the Monroe County Code, the Monroe
County Board of County Commissioners 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; and
6. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Big Pine Key Park is county-owned and maintained, Therefore, in
accordance with Policy 1201.4.2 of the Monroe County Year 2010
Comprehensive Plan, Monroe County is mandated to amend the property's
land use district designation to Park and Refuge (PR); and
b. The community park use of the property is consistent with the purpose of
the Recreation (R) Future Land Use Map (FLUM) designation, as set forth
in Policy J 01.4.9 of the Monroe County Year 2010 Comprehensive Plan;
and
c. The proposed Future Land Use Map (FLUM) designation of Recreation
(R) corresponds to the proposed Land Use District designation of Park and
Refuge (PR); and
2. The proposed map amendments are consistent with the provisions and intent
of Chapter 9.5 of the Monroe County Code:
Resolution No. D21-07 Initials:1#--
File No. M27D88
Page 3 of5
a, The community park use of the property is consistent with the purpose of
the Park and Refuge (PR) District designation, as set forth in Section 9.5-
224 of the Monroe County Code; and
b. The community park use of the property is an as-of-right pennitted use in
the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the
Monroe County Code; and
c. The proposed Land Use District designation of Park and Refuge (PR)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Recreation (R); and
3. The Big Pine Key Park has been approved, as recorded in Monroe County
Development Order No. 03-07. Consequently, its approval and future
development is not reliant on the proposed map amendments, Therefore, the
proposed map amendments shall not relieve particular hardships, nor confer
special privileges or rights on any person, nor permit a change in community
character, as analyzed in the Monroe County Year 2010 Comprehensive Plan;
and
4. The proposed map amendments meet one (1) of the factors set forth in Section
9.5-511(d)(5)b of the Monroe County Code: (iv) New issues; and
5. The proposed map amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, Staff recommended approval to the Development Review
Committee and the Director of Planning & Environmental Resources of the map
amendment application; and
WHEREAS, the Director of Planning & Environmental Resources has duly
considered the recommendation of Staff and the infonnation and documentation submitted
by the Applicant; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the preceding
Findings of Fact and Conclusions of Law support the decision to RECOMMEND
APPROVAL to the Monroe County Planning Commission of the request of the Monroe
County Planning & Environmental Resources Department to amend the Future Land Use
Map (FLUM) designation from Mixed Use / Commercial (MC) to Recreation (R) and to
amend the Land Use District designation from Sub Urban Commercial (SC) to Park and
Refuge (PR) of property legally described as Whispering Pines Plat No.3, Pb4-59, Big
Pine Key Tract A, Big Pine Key, Monroe County, Florida, having Real Estate Number
00286360.000000,
Resolution No. 02] -07 Initials~
File No. M27088
Page 4 of 5
Date J 9"~C17 Townsley S hw b,
Acting Directo of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Townsley Schwab, to me known to be the person described in and who executed
the foregoing instrument and she acknowledged before me the she executed the same. t::J;r
Wr~and official seal in the County and State last aforesaid this /8 day
of .-/ , 2007.
-
. """" MAYRA TEZANOS
/[J;" Nola~ """" . -- 01_
· (:' .~CarrnIIIlDn~t.tJf19.2ttI
, "',,"'~ ~~ Commlaslon # 00296796
..,..... ~....:'
~',t:,<1f.:.\\,..' Iond8d tt NatIOnC:It Notafy Alan.
Resolution No, D21-07 Initials~
File No. M27088
Page 5 of 5