Item O04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19,2008 Division: Growth Management
Bulk Item: Yes NoLL Department: Planning & Environmental Resources
Staff Contact Person: Joseph Haberman, Principal
Planner
AGENDA ITEM WORDING:
A public hearing to consider a DCA transmittal resolution at the request of the Monroe County
Planning & Environmental Resources Department to amend the subject property's Future Land
Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) Real Estate
Numbers 00211090.000000 and 00211100.000000 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.
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, P56-07.
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 A REQUEST BY
THE MONROE COUNTY PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION RESIDENTIAL
CONSERVATION (RC) TO RECREATION (R) OF PROPERTY
LEGALL Y DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER
SHORES ESTATES, RAMROD KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS
00211090.000000 & 00211100.000000.
WHEREAS, the Momoe 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 Momoe County Year 2010 Comprehensive Plan, changing the
future land use designation of the properties described above; and
WHEREAS, the Momoe County Planning Commission and the Momoe 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 (1st) 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 Momoe 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-ll,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)
ATTEST: DANNY L KOLHAGE, CLERK
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
THE MONROE COUNTY PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION RESIDENTIAL
CONSERVATION (RC) TO RECREATION (R) OF PROPERTY
LEGALL Y DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER
SHORES EST A TES, RAMROD KEY, MONROE COUNTY,
FLORIDA, HA VING REAL EST A TE NUMBERS
00211090.000000 & 00211100.000000.
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 Residential Conservation (RC) 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 Ramrod Key Swimming
Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26
and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key,
Monroe County, Florida, having Real Estate Numbers 00211090.000000 &
00211100.000000; and
WHEREAS, on February 17,2000, the Board of County Commissioners passed
and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-2000 amended the
Future Land Use Map (FLUM) designation of Block 3, Lot 2 of Silver Shores Estates
from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000 amended
the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native
Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous parcels to the
South of Lot 2, were not included in either ordinance; and
WHEREAS, on June 20, 2007, the Board of County Commissioners passed and
adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Silver
Shores Estates as a passive county park and added it to the list of parks that allow
animals; and
WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the
parcels were excluded from Ordinance 027-2007 since their land use district desi!,'TIation
of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office
has indicated to the Planning & Environmental Resources Department that it is interested
in amending Ordinance 027-2007 to include Lots 3 and 4; and
WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and
given their Future Land Use Map (FLUM) designations of Residential Conservation (RC)
in 1997, Both dates were before a community park was planned for the site; 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 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
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 In Monroe County Year 2010
Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions; and
5. Pursuant to Section 9.5-51 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 (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, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Conclusions of Law:
l. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Ramrod Key Swimming Hole IS county-owned and maintained.
Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year
2010 Comprehensive Plan, Monroe County may 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:
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 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 two (2) of the factors set forth in Section
9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v)
Recognition of a need for additional detail or comprehensiveness,; 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. P56-07; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Sectionl. The Board specifically adopts the findings of fact and conclusions oflaw stated
above,
Section 2. The previously described properties, which are currently designated
Residential Conservation (RC) shall be designated Recreation (R) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit I,
Section3, The Future Land Use Map of the Monroe County Year 20 I 0 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4, If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6, This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, 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)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
I Exhibit 1 to Ordinance# -200sl
Niles Channel
00211090-000000
00211100-000000
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The Monroe County Future Land Use District Map is amended
as indicated above.
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RE 00211090-000000 and RE 00211100-000000 - Change Future Land Use Map A
Designation from Residential Commercial (RC) to Recreation (R).
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MEMORANDUM
MONROE COUNTY PLA1~NING & 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
Ramrod Key Swimming Hole, Ramrod Key, Mile Marker 26, Real Estate Numbers
00211090.000000 & 00211100.000000
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 Residential
6 Conservation (RC) to Recreation (R) and Land Use District designation from Native Area
7 (NA) to Park and Refuge (PR) in accordance with Policy 1201.4.2 of the Monroe County
8 Year 2010 Comprehensive Plan and Section 9.5-511 of the Monroe County Code.
9
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24
25 Existing Land Use District Map Existing Future Land Use Map
26 A. Address: Ramrod Key Swimming Hole, Bay Shore Drive, Ramrod Key, Mile Marker 26
27 B. Legal Description: Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key
28 C. Real Estate Number(s): 00211090,000000 & 00211100.000000
29 D. Applicant/Petitioner: Monroe County Planning & Environmental Resources Department
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Map Amendment BOCC SR.doc
1 E. Property Owner: Monroe County
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
11 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 On February 17, 2000, the BOCC passed
32 and adopted Ordinances 017-2000 and 019-
33 2000. Ordinance 017-2000 amended the
34 Future Land Use Map (FLUM) designation
35 of Block 3, Lot 2 of Silver Shores Estates J
36 from Residential Conservation (RC) to I
Lot 2
37 Recreation (R). Ordinance 019-2000
38 amended the Land Use District designation Lot 3'
39 of Block 3, Lot 2 of Silver Shores Estates
40 from Native Area (NA) to Park and Refuge Lot 4
41 (PR). Lots 3 and 4 were not included in
42 either ordinance.
43
44 On June 20,2007, the BOCC passed and adopted Ordinance 027-2007. Ordinance 027-2007
45 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added it to the list
46 of parks that allow animals. Although Lots 3 and 4 are also being used by the park's visitors,
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Map Amendment BOCC SR.doc
1 the parcels were excluded from Ordinance 027-2007 since their Land Use District
2 designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's
3 Office has indicated to the Planning & Environmental Resources Department that they are
4 interested in amending Ordinance 027-2007 to include Lots 3 and 4.
5
6 On August 21,2007, the Development Review Committee conducted a review of the request
7 to amend the subject property's Future Land Use Map (FLUM) designation from Residential
8 Conservation (RC) to Recreation (R) and Land Use District designation from Native Area
9 (NA) to Park and Refuge (PR). Based upon findings of fact and conclusions of law, the
10 Development Review Committee and Director of Planning & Environmental Resources
11 recommended approval of the application to the Monroe County Planning Commission. The
12 recommendation was recorded in Development Review Committee Resolution No. D20-07.
13
14 IV BACKGROUND INFORMATION
15
16 A. Size of Site: Lot 3: 24,345 fF total (0.56 acres) I Lot 4: 16,707 fF total (0.38 acres)
17 B. Proposed Tier Designation: Tier I
18 C. Flood Zone: AE - EL 9; VE - EL 10 & VE - EL 11
19 D. Existing Use: Passive community park
20 E. Existing Vegetation I Habitat: Developed along the roadway and areas of mangrove and
21 scrub mangrove within the interior
22 F. Community Character of Immediate Vicinity: Developed single-family residential lots
23 and undeveloped vacant lots
24
25 V REVIEW OF APPLICA nON
26
27 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
28 County Year 2010 Comprehensive Plan:
29
30 Staff has determined that the proposed map amendments are consistent with the
31 provisions and intent of the Year 2010 Comprehensive Plan.
32
33 Goals, Objectives and Policies from the Monroe County Year 2010 Comprehensive Plan
34 that directly pertain to the proposed amendments include:
35
36 . Chapter 3.12: Recreation and Open Space
37
38 Goal 1201: Monroe County shall provide a recreation and open space system to
39 conserve valuable natural resources and to provide recreational opportunities
40 adequate to serve the present and future population of Monroe County, including
41 permanent residents and visitors.
42
43 Objective 1201.4: By January 4, 1997, Monroe County shall revise the Land
44 Development Regulations to permit and facilitate park-related development
45 activities at county-owned sites.
46
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1 Policy 1201.4.1: Existing county-owned neighborhood and community
2 parks shall be assigned to the Park and Refuge (PR) Land Use District.
3
4 Policy 1201.4.2: Upon fee simple acquisition, new county-owned
5 neighborhood and community park sites shall be reassigned to the Park and
6 Refuge (PR) Land Use District.
7
8 Ramrod Key Swimming Hole is county-owned and maintained. If the park is to
9 be expanded to include Lots 3 and 4, Policy 1201.4.2 directs Staff to designate the
10 parcels' Land Use District designations as Park and Refuge (PR).
11
12 . Chapter 3.1: Future Land Use
13
14 Goal 101: Monroe County shall manage future growth to enhance the quality of
15 life, ensure the safety of County residents and visitors, and protect valuable
16 natural resources.
17
18 Objective 101.4: Monroe County shall regulate future development and
19 redevelopment to maintain the character of the community and protect the natural
20 resources by providing for the compatible distribution of land uses consistent with
21 the designations shown on the Future Land Use Map.
22
23 Policy 101.4.1: The principal purpose of the Residential Conservation (RC)
24 land use category is to encourage preservation of open space and natural
25 resources while providing for very low-density residential development in
26 areas characterized by a predominance of undisturbed native vegetation.
27 Low-intensity public uses and utilities are also allowed.
28
29 Policy 101.4.9: The principal purpose of the Recreation (R) land use
30 category is to provide for public and private activity-based and resource-
31 based recreational facilities.
32
33 Staff has found that a passive community park use is consistent with the principal
34 purpose of the future land use category of R and is not consistent with the
35 principal purpose of the future land use category of RC.
36
37 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
38 the Monroe County Code, Land Development Regulations:
39
40 Staff has determined that the proposed map amendments are consistent with the
41 provisions and intent ofMCC Chapter 9.5.
42
43 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC may consider the adoption of
44 an ordinance enacting the proposed change based on one (1) or more of the following
45 factors:
46
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1 1. Changed projections (e.g., regarding public service needs) Fom those on l1'hich the
2 text or boundmy was based;
3
4 None.
5
6 11. Changed assumptions (e.g., regarding demographic trends);
7
8 None.
9
10 iii. Data errors, including errors in mapping, vegetative types and natural features
11 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
12
13 None.
14
15 iv. New issues;
16
17 Prior to the 1986 adoption of the county's current land development regulations, the
18 subject parcels were within a RU-l district (Single-Family Residential). Their land
19 use designation was changed to Native Area (NA) in 1986 with the adoption of the
20 current regulations and they were given a corresponding FLUM designation of
21 Residential Conservation (RC) in 1997.
22
23 The parcels have been used as part of a passive park by the community for a number
24 of years. The park is commonly known as the Ramrod Key Swimming Hole and also
25 encompasses Lot 2 to the North. However, the park use is not permitted on Lots 3
26 and 4, since the NA District does not permit park uses (Lot 2 is within a PR District).
27
28 Staff has determined that the parcels were designated as NA in 1986 and given their
29 FLUM designations of RC in 1997. Both dates were before the site had first been
30 used as a community park.
31
32 In addition, Staff has found that park and public uses are more consistent with the
33 purpose of the PR District than the purpose of the NA District. Pursuant to MCC Sec.
34 9.5-210, the purpose of the NA District is to establish areas that are undisturbed with
35 the exception of existing solid waste facilities, and because of their sensitive
36 environmental character should be preserved in their natural state. Pursuant to MCC
37 Sec. 9.5-224, the purpose of the PR district is to establish and protect areas as parks,
38 recreational areas and wildlife refuges.
39
40 Furthermore, under a PR designation, the park may be officially expanded to include
41 Lots 3 and 4. Pursuant to MCC Sec. 9.5-253, in the PR District, active and passive
42 recreational uses, such as those within the Ramrod Key Swimming Hole, may be
43 permitted as-of-right.
44
45 v. Recognition of a need for additional detail or comprehensiveness; or
46
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1 In 2000, the BOCC passed and adopted Ordinances 017-2000 and 019-2000.
2 Ordinance 017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver
3 Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance
4 019-2000 amended the Land Use District designation of Block 3, Lot 2 of Silver
5 Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4 were
6 not included in either ordinance.
7
8 In 2007, the BOCC passed and adopted Ordinance 027-2007. Ordinance 027-2007
9 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added the
10 site to the list of parks that allow animals. Although Lots 3 and 4 are also being used
11 by persons who visit the park, the two lots were excluded from the language of the
12 ordinance because their Land Use District designation of NA does not permit park
13 uses.
14
15 Staff has determined that in addition to Lot 2, Lots 3 and 4 have historically been
16 used as part of the passive park and should be designated as PR in recognition for
17 additional detail or comprehensiveness.
18
19 vi. Data updates;
20
21 None.
22
23 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
24 Critical State Concern:
25
26 Staff has determined that the proposed map amendments are consistent with the
27 Principles for Guiding Development as a whole and are not inconsistent with any
28 principle. Specifically, Staff has found that the amendments further Principle (h), to
29 protect the value, efficiency, cost-effectiveness and amortized life of existing and
30 proposed major public investments.
31
32 D. Impact on Community Character:
33
34 The community character of the area is single-family residential. Staff has found that a
35 passive community park benefits the general public by providing passive recreational
36 opportunities of the community and is consistent with the single-family residential
37 character.
38
39 VI FINDINGS OF FACT
40
41 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon
42 fee simple acquisition, new county-owned neighborhood and community park sites shall
43 be reassigned to the Park and Refuge (PR) District; and
44
45 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy
46 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal
Page 6 of8 Reviewed by~___
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Map Amendment 80CC SR.doc
1 purpose of the Recreation (R) land use category is to provide for public and private
2 activity-based and resource-based recreational facilities; and
3
4 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to
5 Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR)
6 District is to establish and protect areas as parks, recreational areas and wildlife refuges;
7 and
8
9 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not
10 intended to relieve particular hardships, nor to confer special privileges or rights on any
11 person, nor to permit a change in community character, as analyzed in Monroe County
12 Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of
13 changed conditions; and
14
15 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County
16 Board of County Commissioners may consider the adoption of an ordinance enacting the
17 proposed change based on one (1) or more of the following factors: (i) Changed
18 projections (e.g., regarding public service needs) from those on which the text or
19 boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii)
20 Data errors, including errors in mapping, vegetative types and natural features described
21 in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail
22 or comprehensiveness; or (vi) Data updates; and
23
24 6. Map amendments shall be consistent with the Principles for Guiding Development in the
25 Florida Keys Area of Critical State Concern.
26
27 VII CONCLUSIONS OF LAW
28
29 1. The proposed map amendments are consistent with the provisions and intent of the
30 Monroe County Year 2010 Comprehensive Plan:
31
32 a. Ramrod Key Swimming Hole is county-owned and maintained. Therefore, in
33 accordance with Policy 1201.4.2 of the Monroe County Year 2010
34 Comprehensive Plan, Monroe County is mandated to amend the property's land
35 use district designation to Park and Refuge (PR); and
36
37 b. The community park use of the property is consistent with the purpose of the
38 Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy
39 10 1.4.9 of the Monroe County Year 2010 Comprehensive Plan; and
40
41 c. The proposed Future Land Use Map (FLUM) designation of Recreation (R)
42 corresponds to the proposed Land Use District designation of Park and Refuge
43 (PR); and
44
45 2. The proposed map amendments are consistent with the prOVISIOns and intent of
46 Chapter 9.5 of the Monroe County Code:
Page 7 of 8 Reviewed by_____
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Map Amendment 80CC SR.doc
1
2 a. The community park use of the property is consistent with the purpose of the Park
3 and Refuge (PR) District designation, as set forth in Section 9.5-224 of the
4 Monroe County Code; and
5
6 b. The community park use of the property is an as-of-right permitted use in the Park
7 and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County
8 Code; and
9
10 c. The proposed Land Use District designation of Park and Refuge (PR) corresponds
11 to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and
12
13 3. The proposed map amendments shall not relieve particular hardships, nor confer
14 special privileges or rights on any person, nor permit a change in community
15 character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and
16
17 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5-
18 511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a
19 need for additional detail or comprehensiveness.; and
20
21 5. The proposed map amendments are consistent with the Principles for Guiding
22 Development in the Florida Keys Area of Critical State Concern.
23
24 VIII RECOMMENDA TION
25
26 Staff recommends APPROVAL to the Planning Commission and Board of County
27 Commissioners
Page 8 of8 Reviewed by~~_~
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Map Amendment 80CC SR.doc
PLANNING COMMISSION
RESOLUTION NO. P56-07
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RRSOLlJTION NO. PS6-07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD
OF COUNTY COMMISSIONERS OF A REQUEST BY THE
MONROE COUNTY PLA~~ING & ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND
USE MAP (FLUM) DESIGNA TION FROM RESIDENTIAL
CONSERVATION (RC) TO RECREATION (R) AND TO AMEND
THE LAND USE DISTRICT DESIGNATION FROM NA TIVE
AREA (NA) TO PARK AND REFUGE (PR) OF PROPERTY
LEGALL Y DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER
SHORES ESTATES, RAMROD KEY, MONROE COUNTY,
FLORIDA, HAVING REAL EST A TE NUMBERS 00211090.000000
& 00211100.000000.
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 Residential Conservation (RC) to Recreation (R) and Land Use District designation
from Native Area (NA) 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 Ramrod Key Swimming
Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26
and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key,
Monroe County, Florida, having Real Estate Numbers 00211090.000000 &
00211100.000000; 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 15, 2007; and
Resolution No. P56-07
File No. M27086 Page I of5
2. Staff report prepared by Joseph Haberman, Monroe County Planner, dated
November 7, 2007; and
3. Development Review Committee Resolution No. D20-07; and
4. Sworn testimony of Monroe County Planning & Environmental Resources
Department Staff; and
5. Sworn testimony of the general public; and
6. Advice and counsel of John Wolfe; and
WHEREAS, on February 17, 2000, the Monroe County Board of County
Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-
2000 amended the Future Land Use Map (FLUM) designation of Block 3. Lot 2 of Silver
Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-
2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores
Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4. which are
contiguous parcels to the South of Lot 2, were not included in either ordinance; and
WHEREAS, on June 20, 2007, the Monroe County Board of County
Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007
established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it
to the list of parks that allow animals; and
WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the
parcels were excluded from Ordinance 027-2007 since their land use district designation
of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office
has indicated to the Planning & Environmental Resources Department that it is interested
in amending Ordinance 027-2007 to include Lots 3 and 4; and
WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and
given their Future Land Use Map (FLUM) designations of Residential Conservation (RC)
in 1997. Both dates were before a community park was planned for the site; 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 I 0 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. P56-07
File No. M27086 Page 2 of5
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 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 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:
l. The proposed map amendments are consistent with the provisions and intent
of the Monroe County Year 2010 Comprehensive Plan:
a. Ramrod Key Swimming Hole IS county-owned and maintained.
Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year
2010 Comprehensive Plan, Monroe County may 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 10 1.4.9 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. P56-07
File No. M27086 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 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 two (2) of the factors set forth in Section
9.5-511 (d)(5)b of the Monroe County Code: (iv) New issues and (v)
Recognition of a need for additional detail or comprehensiveness.; 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 APPRO V AL 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 Residential Conservation (RC) to Recreation (R) and to amend the Land
Use District designation from Native Area (NA) to Park and Refuge (PR) of property
legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe
County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000.
Resolution No. P56-07
File No. M27086 Page 4 of5
PASSED AND ADOPTED BY THE PLANNING COMMISION of
Monroe County, Florida, at a regular meeting held on the th day of
November, 2007.
Chair Cameron YES
Vice-Chair Wall YES
Commissioner W' die YES
Commissioner p~am YES
Commissioner ston YES
F MONROE CT. , FLORIDA
BY
~m --
Signed this day of Vtl/J?{G</t.( ,2008.
J
BY
Resolution No. P56-07
File No. M27086 Page5of5
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. D20-07
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. D20-07
A RESOLUTION RECOMMENDING APPROV AL 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) DESIGNA TION FROM RESIDENTIAL
CONSERV A TION (RC) TO RECREATION (R) AND TO AMEND
THE LAND USE DISTRICT DESIGNA TION FROM NA TIVE
AREA (NA) TO PARK AND REFUGE (PR) OF PROPERTY
LEG ALL Y DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER
SHORES ESTATES, RAMROD KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000
& 00211100.000000.
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 Residential Conservation (RC) to Recreation (R) and Land Use District
designation from Native Area (NA) 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 Ramrod Key Swimming
Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26
and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key,
Monroe County, Florida, having Real Estate Numbers 00211090.000000 &
00211100.000000; and
WHEREAS, the Development Review Committee 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 15,2007; and
Resolution No. D20-07 Initials~ ~
File No. M27086
Page I of5
2. Staff report prepared by Joseph Haberman, Monroe County Planner, dated
August 10, 2007; and
WHEREAS, on February 17, 2000, the Monroe County Board of County
Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-
2000 amended the Future Land Use Map designation of Block 3, Lot 2 of Silver Shores
Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000
amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates
from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous
parcels to the South of Lot 2, were not included in either ordinance; and
WHEREAS, on June 20, 2007, the Monroe County Board of County
Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007
established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it
to the list of parks that allow animals; and
WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the
parcels were excluded from Ordinance 027-2007 since their land use district designation
of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office
has indicated to the Planning & Environmental Resources Department that it is interested
in amending Ordinance 027-2007 to include Lots 3 and 4; and
WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and
given their Future Land Use Map (FLUM) designations of Residential Conservation (RC)
in 1997. Both dates were before a community park was planned for the site; 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 2010 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 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
Resolution No. D20-07 Initials::zi
File No. M27086
Page 2 of5
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 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 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. Ramrod Key Swimming Hole 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 101.4.9 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:
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
Resolution No. D20-07 Initials~
File No. M27086
Page 3 of5
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 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 two (2) of the factors set forth in Section
9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v)
Recognition of a need for additional detail or comprehensiveness.; 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 information 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 Residential Conservation (RC) to Recreation (R) and to
amend the Land Use District designation from Native Area (NA) to Park and Refuge
(PR) of property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod
Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 &
00211100.000000.
Date 11'?j Icy b7 4.~.~.
Townsley c a,
Acting Director of Planning & Environmental Resources
Resolution No. 020-07 Initials~
File No. M27086
Page 4 of5
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 samet#
WITN~Zl.~~nd official seal in the County and State last aforesaid this ~ day
of ~ ,2007.
~~:&~
"'''''''' MAYRA TEZANOS
"',."p' fI(J(,,"~
!~Q ~ .'1->\ Nolory PublIC . State of FIotlda
~. : : . ~Co,.,W::>. ,&pMMcri 19,20:8
~;:" ~j Commission # 00296796
"'''~'C;:':I~'I\\'' Bonded Bv Notk>nOt Notary Aun.
Resolution No. 020-07 InitiaJs~
File No. M27086
Page 5 of 5