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Item Q03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 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 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 00286360.00000. ITEM BACKGROUND: The Department of Community Affairs has no objections, rejections or comments on the proposed ordinance. 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 map amendment application to the Board of County Commissioners as memorialized in Resolution No. P57-07. PREVIOUS RELEVANT COMMISSION ACTION: On May 23, 2008, the BOCC approved a transmittal of a resolution to the DCA at the request of the Monroe County Planning & Environmental Resources Department proposing to amend the subject property's Future Land Use Map (FLUM) designation from Mixed Use / Commercial (MC) to Recreation (R). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes BUDGETED: Yes No N/A SOURCE OF FUNDS: N/A No N/A AMOUNT PER MONTH: N/A Year APPROVED BY: County Attorney OMB / Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ORDINANCE NO. -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM MIXED USE 1 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, 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 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, based upon the inforination 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 neap 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 9.5-511(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); (Ili) 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 101.4.9 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 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 snap 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, 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: 5ectionl. 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 15"' day of October A.D., 2008. Mayor Mario Di Gennaro Mayor Pro Tern Charles "Sonny" McCoy Commissioner Dixie Spehar Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST. DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor Mario Di Gennaro MO 6,E COUNTY ATTORNEY PP OVER AST FORM Date: Canal Exhibit 1 to Ordinance# -2008 Canal Dr. na Bogie Channel 00286360-000000 The Monroe County Future Land Use District Map is amended as indicated above. RE 00286360-000000 - Change Future Land Use Map Designation from NN Mixed Use/Commercial (MC) to Recreation (R). MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be curing, professional and fair To: Monroe County Board of County Commissioners From: Joseph Haberman, Principal Planner Through: Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources Date: March 3, 2008 Subject: Request for an Amendment to the Land Use District Map & Future Lana Use Map Big Pine Key Park, Big Pine Key, Mile Marker 31, Real Estate Number 00286360.000000 Meeting: May 23, 2008 I REQUEST A request by the Monroe County Planning & Environmental Resources Department 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. Existing Land Use District Map Existing Future Land Use Map A. Address: Big Pine Key Park, 31009 Atlantis Drive, Big Pine Key, Mile Marker 31 B. Legal Description: Whispering Pines Plat No. 3, PB4-59, Big Pine Key Tract A C. Real Estate Number: 00286360.000000 D. Applicant/Petitioner: Monroe County Planning & Environmental Resources Department Page 1 of 8 Reviewed by W:\GROWTH MANAGEMENT.BOCCIGMD Agenda Items120080523 Special Meeting Comp PIan\Big Pine Key Park FLUM120080319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc I 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 theirs 10 on to the Development Review Committee and the PIanning Commission for I 1 recommendation and final approval by the BOCC. 12 13 The PIanning 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 Iots 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 29 111 RELEVANT 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 PIanning Page 2 of 8 Reviewed by C:1Docuinents and Settingsitczanos-mayra\Local Settings\Tcmporary Internet Flles\OLK13B120080319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc I Commission. The recommendation was recorded in Development Review Committee 2 Resolution No. D21-07. 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 snap 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 Page 3 of 8 Reviewed by C:\Docuinents and Settingsltezanos-mayralLocal Settings\Temporary Internet Filcs\OLK 13B120080319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.4: Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.4.5: The principal purpose of the Mixed Use 1 Commercial (MC) land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. Policy 101.4.9: The principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource - based recreational facilities. Staff has found that park and public uses are more consistent with the principal purpose of the future land use category of R than the principal purpose of the future land use category of MC. Goals, Strategies and Action Items from the Master Plan for Future Development of Big Pine Key and No Name Key that directly pertain to the proposed development include: Page 4 of 8 + Chapter 2: Land Use and Redevelopment Element Goal 6: Provide facilities for the active and passive recreational needs of all age groups in the community while avoiding unnecessary impacts to the protected species. Strategy 6.1: Plan for recreational and community facilities over the next 20 years to be consistent with the community vision and development plan selected through the Livable CommuniKeys planning process to meet the needs of Big Pine Key and No Name Key residents. Planned facilities shall also be consistent with the incidental take pennit and the accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. Action Item 6.1.1: Designate and develop the property currently known as "Mariners Resort" for the purpose of meeting the active recreation needs of the community over the twenty-year planning horizon. Reviewed by C:1Documents and Settingsltezanos-mayra\Local Settings\Temporaiy Internet Files\OLKi 3B120090319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of the Monroe County Code, Land Development Regulations: Staff has determined that the proposed snap amendments are consistent with the provisions and intent of MCC Chapter 9.5. In accordance with MCC Sec. 9.5-51 I(d)(5)b., the BOCC may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: i. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; None. ii. Changed assumptions (e.g., regarding demographic trends); None. iii. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the Monroe County Year 2010 Comprehensive Plan; None. iv. New issues; Page 5 of 8 Prior to the 1986 adoption of the county's current land development regulations, the property was within a RU-3 district (Multiple -Family Residential). The land use designation was changed to Sub Urban Commercial (SC) in 1986 with the adoption of the current regulations. The property was given a corresponding FLUM designation of Mixed Use Commercial (MC) in 1997. A mixed -use resort was developed on the property in the 1950s. However, the resort went out of operation in the early 1980s and the property's transient residential and commercial uses were discontinued at that time. During the Livable CommuniKeys planning process for Big Pine Key and No Name Key, the property was identified as a location that would fulfill a community need for one large recreational site. Based upon that determination, the Monroe County Comprehensive Plan Land Authority purchased the property in 2002 and conveyed it to the BOCC for development as a community park. In 2007, a minor conditional use permit was approved in order to develop a community park on the property. Since no adjacent properties have a land use district designation of SC or a FLUM designation of MC, Staff has determined that the subject property was provided its current designations by reason of its historic transient residential and commercial Reviewed by C:1Doeuments and Settingsltecanos-mayra\Local Settings\Temporary Internet Filcs\OLK13B120080319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc uses. The property was designated as SC in 1986 and MC in 1997. Both dates were before a community park was planned for the site. Although the Big Pine Key Park was permitted with minor conditional use permit approval under its current designation of SC, Staff has found that park and public uses are more consistent with the purpose of the PR District than the purpose of the SC District. Pursuant to MCC Sec. 9.5-206, the purpose of the SC District is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. Pursuant to MCC Sec. 9.5-224, the purpose of the PR District is to establish and protect areas as parks, recreational areas and wildlife refuges. Furthermore, Staff has found that under a PR District designation, the review process for building pen -nits would be better facilitated. Pursuant to MCC Sec. 9.5-235, in the SC District, parks and community parks may be permitted only with minor conditional use approval. However, pursuant to MCC See. 9.5-253, under a PR .District designation, future park -related development may be permitted as -of -right. v. Recognition of a need.for additional detail or comprehensiveness; or None. vi. Data updates; None. C. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern: Staff has determined that the proposed map amendments are consistent with the Principles for Guiding Development as a whole and are not inconsistent with any principle. Specifically, Staff has found that the amendments further Principle (h), to protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments. D. Impact on Community Character: The community character of the area is single-family residential. Staff has found that a community park use benefits the general public by providing recreational opportunities to the community and is consistent with the single-family residential character. This determination was strengthened by the community input provided during the Livable CommuniKeys planning process for Big Pine Key and No Name Key. Members of the community identified the property as a good location for a community park. Page 6 of 8 Reviewed by C:1Documents and Setiingsltezanos-rnayraTocaI Settings\Temporary Internet Files\OLK13B120080319 Big fine Key Park FLUM Map Amendment BOCC SR,doc I 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 neap 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 snake 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 7 of 8 Reviewed by C:\Documents and Settingsltezanos-anayra\LocaI Settings\Temporary Internet F'ilesiOLK13B120080319 Big Pine Key Park FLUM Map Amendment BOCC SR.doc l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (PLUM) 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 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 VIII RECOMMENDATION Staff recommends APPROVAL to the Planning Commission and Board of County Commissioners Page 8 of 8 Reviewed by C \Documcnts and Settingsltezanos-inayra\Local Settings!Temporary Internet Fiies\OLK 13B120080319 Sig Pine Key Park FLUM Map Amendment BOCC SR.doc ■ ■ � I » | � [ � |E E � ,E ■ � 2% | # & � & . .� � � 'sUl RESOLUTION NO. IS! -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 11. 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 accord&nce with the provisions of Chapter 163.3184, Florida Statutes; and Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and Section 4. The Cleric of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida., at a special meeting held on the 23rd day of May, A.D., 2008. Mayor Mario DiGennaro Yes Mayor Pro Tern Charles "Sonny" McCoy Yes Commissioner Dixie Spehar Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes___ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT= BY Mario DiGennaro, Mayor {SE ' ATT f .,, D IJ AGE, CLERK NZ DEPUTY CLERK COIiNTY 0 RREY /1tAA0VE� �4S TO F© C7 r7 9� -- tiS7 � _ i