R. Public Hearings
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007
Division:
Growth Management
Bulk Item: Yes
No .x
Department: Planning
Staff Contact Person: Aref Joulani
AGENDA ITEM WORDING:
A public hearing to consider a resolution to extend an Interim Development Ordinance (IDO) deferring the
acceptance of applications for redevelopment and/or conversion of marine facilities including commercial marinas
and working waterfronts for 365 days after the expiration date of Resolution 241-2006 which new expiration date is
July 10, 2008 or when applicable comprehensive plan and/or land development regulations become effective,
whichever comes first.
ITEM BACKGROUND:
Momoe County is experiencing the loss of and redevelopment of marine facilities including commercial marinas and
the working waterfront. The County found it necessary to enact an Interim Development Ordinance deferring the
acceptance of development applications that seek development approval for the redevelopment and conversion of
marine facilities and working waterfront properties until land development regulations are adopted. The County has
completed the Working Waterfronts Master Plan, including draft land development regulations designed to preserve
working waterfronts. The land development regulations have been reviewed by the Momoe County Marine and Port
Advisory Committee and the Development Review Committee. It is expected that the Planning Commission will
tentatively review the land development regulations on June 27, 2007
PREVIOUS RELEVANT BOCC ACTION:
February 2005-Approved contract with South Florida Regional Planning Council (SFRPC) and Florida Atlantic
University (F AU) to develop a Marine Management Strategic Plan.
July 2005-Adopted Ordinance No. 017-2005-An IDO deferring the acceptance of development applications for the
redevelopment and conversion of marine facilities.
March 2006-Accepted fmdings of the Marine Management Strategic Plan.
June 2006- Extended the IDO by Resolution No. 241-2006.
September 2006- Approved contract with SFRPC to develop a Marina Siting Plan, Working Waterfronts
Preservation Master Plan and draft land development regulations for working waterfront preservation.
April 2007- Held a workshop to discuss preservation options, allowing staff to complete land development
regulations and begin process for adoption.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes N/A No
AMOUNT PER MONm
Year
APPROVED BY:
County Arty --X- OMBlPurchasing _Risk Management_ _
DOCUMENTATION: Included X
Not Required _
DISPOSITION:
AGENDA ITEM #_
RESOLUTION NO.
-2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXTENDING INTERIM DEVELOPMENT
ORDINANCE NO. 017-2005 AND DEFERRING THE ACCEPTANCE OF
DEVELOPMENT APPLICATIONS FOR THE REDEVELOPMENT AND
CONVERSION OF MARINE FACILITIES INCLUDING COMMERCIAL
MARINAS AND THE WORKING WATERFRONT UNTIL LAND
DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN
AMENDMENTS ARE DRAFTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
EFFECTIVE DATE OF THE RESOLUTION OR WHEN THE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER OCCURS FIRST.
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact:
1. On July 20, 2005 the Board of County Commissioners adopted Interim Development
Ordinance No. 017-2005 deferring the acceptance of development applications for the
redevelopment and conversion of marine facilities including commercial marinas and the working
waterfront until land development regulations are drafted.
2. Section 10 of Ordinance No. 17-2005 provides that the ordinance shall stand repealed
as of 11:59 p.m. on the 270th day after the effective date of the Ordinance, unless repealed sooner
by the Board of County Commissioners or upon the adoption by the Board of County
Commissioners and approval by the Florida Department of Community Affairs of amendments to
the Comprehensive Plan and Land Development Regulations addressing public access and marine
facilities.
3. Ordinance No. 17-2005 directed staff to contract with the South Florida Regional
Planning Council to prepare a public access and marine facilities strategic plan.
4. The Board of County Commissioners adopted the Marine Management Strategic Plan
on March 15,2006.
5. On June 21, 2006 the Board of County Commissioners extended the Interim
Development Ordinance until July 10, 2007.
6. On September 30, 2006 the Board of County Commissioners directed staff to enter into
an interlocal agreement with the South Florida Regional Planning Council to develop
implementation strategies recommended in the Marine Management Strategic Plan, including a
Working Waterfronts Preservation Master Plan, Marina Siting Plan, Comprehensive Development
Master Plan amendments and supporting Land Development Regulations, and a database of
marine-related facilities.
7. On April 3, 2007 the Board of County Commissioners met in a special workshop and
heard a report on the Marina Siting Plan and draft amendments to the Comprehensive Plan and
Land Development Regulations. The Board of County Commissioners acknowledged staffs
request to begin the process for review and adoption of the Marina Siting Plan, the Comprehensive
Plan amendments, and supporting Land Development Regulations.
BC070650 Resolution Working Waterfront 100 2nd Ex!.
8. The tasks of preparing the Marina Siting Plan and amendments to the Land
Development Regulations and the Comprehensive Plan to protect against the loss of working
waterfronts and preserve public access have been completed. The amendments have been
reviewed by the Monroe County Marine and Port Advisory Committee and the Monroe County
Development Review Committee. The amendments are scheduled to be reviewed by the Monroe
County Planning Commission for recommendation to the Board of County Commissioners.
Legislation concerning zoning and zoning regulations is therefore in progress.
9. Upon approval of the Board of County Commissioners the Marina Siting Plan and
amendments to the Comprehensive Plan and Land Development Regulations will be transmitted to
the Florida Department of Community Affairs. The required state processes for the amendment of
the land development regulations may take approximately three months.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Interim Development Ordinance No. 017-2005 is hereby extended for 365 days
after the expiration date of Resolution No. 241-2006 which new expiration date is July 10,2008 or
when the amendments to the land development regulations and comprehensive plan to facilitate
preservation of working waterfront areas become effective, whichever comes first.
Section 2. All exemptions as stated in Section 4 of Ordinance No. 017-2005 and all
applications of the ordinance as stated in Section 5 of Ordinance No. 017-2005 shall remain.
Section 3. Staff is directed to continue to defer:
a) Accepting or processing development applications relating to
redevelopment or conversion of existing uses and structures for:
(1) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
b) Issuance of building permits for redevelopment or conversion of existing
uses and structures for:
(1) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
BC070650 Resolution Working Waterfront IDO 2nd Ex!.
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
c) Issuance of development orders and development permits of existing uses
and structures for:
(l) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless oftype of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
Section 4. If any section, subsection, sentence, clause, item, charge or provision of this
resolution is held invalid, the remainder shall not be affected by such invalidity.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the _ day of ,2007.
Mayor Mario Di Gennaro
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario Di Gennaro
(SEAL)
ATTEST:
DANNYL.KOLHAGE,CLERK
By:
Deputy Clerk
BC070650 Resolution Working Waterfront lDO 2nd Ext.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk: Item: Yes
NoX
Department: County Attorney and Planning and
Environmental Resources Department
Staff Contact Person: Robert Shillinger
Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider an ordinance adopting new regulations concerning beneficial use
determinations. The amendment updates the Beneficial Use provisions of the code to be consistent
with current laws and add to the efficiency and fairness of the process.
ITEM BACKGROUND:
On June 12, 2007 the Development Review Committee reviewed the proposed text amendment and
recommended approval.
On June 13,2007 the Planning Commission heard the proposed text amendment and, in consideration
of public testimony and the staff report by the Planning Department recommended approval.
PREVIOUS RELEVANT BOCC ACTION:
The last time the BOCC adopted amendments to DIVISION 2 BENEFICIAL USE of the code was in
1998 and it hasn't been updated since then.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NA
BUDGETED: Yes
NoX
COST TO COUNTY: NA
SOURCE OF FUNDS:
NA
REVENUE PRODUCING: Yes
No No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included Yes
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
ORDINANCE No.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS REPEALING SECTIONS 9.5-171 THROUGH 9.5-
174 OF THE MONROE COUNTY CODE CONCERNING
BENEFICIAL USE DETERMINATIONS; PROVIDING FOR NEW
REGULATIONS CONCERNING BENEFICIAL USE
DETERMINA TIONS; PROVIDING A FORUM FOR RELIEF;
PROVIDING AN APPLICATION PROCESS; PROVIDING FOR A
HEARING AND RECOMMENDATION BY A SPECIAL MASTER;
PROVIDNG FOR FORWARDING SUCH RECOMMENDATION TO
THE BOARD OF COUNTY COMMMISSIONERS FOR A HEARING;
PROVIDING FOR STANDARDS, BURDEN OF PROOF AND FORMS
OF RELIEF; PROVIDING FOR CODIFICATION, SEVERABILITY
AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
FORWARDING OF THIS ORDINANCE TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE
Whereas, it is the intent of the Board of County Commissioners that land owners in
Monroe County have a beneficial use of their property, consistent with the U.S. and
Florida Constitutions; and
Whereas, Policy 101.18.5 of the Monroe County Year 2010 Comprehensive Plan (Plan)
provides that neither the provisions of the Plan nor the Land Development Regulations
(the LDRs) shall deprive a property owner of all reasonable economic use of a parcel of
real property; and
Whereas, Article VI, Division 2, LDRs, is intended to provide a non-judicial procedure
by which a property owner may seek relief from the literal application of applicable Plan
and LDR provisions, when such application is alleged to have the effect of denying all
economically reasonable use of the property; and
Whereas, the Board of County Commissioners wishes to update Article VI, Division 2 in
order to provide additional guidance to applicants and County staff for processing
Beneficial Use Determination applications, consistent with applicable law; and
Whereas, the Board of County Commissioners has determined that these amendments
will ensure a fair and efficient forum through which property owners may apply for relief
from the adoption or application of Plan policies or LDR provisions, through a Beneficial
Use Determination process, consistent with the provisions of the Plan and applicable law;
and
Whereas, the Board of County Commissioners finds that this revised Ordinance is and
shall be implemented consistent with the provisions of the Plan and includes all standards
and remedies available pursuant to the Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Current Sections 9.5-171 through 9.5-174 of the Monroe County Code are
hereby repealed in their entirety.
Section 2. The following provisions of the Monroe County Code are hereby added:
DIVISION 2. BENEFICIAL USE DETERMINATIONS
Sec.9.5-171. Generally.
If, after a fmal decision or action by the County, including available variances, a
landowner is of the opinion that the adoption or application of a County land
development regulation or comprehensive plan policy has caused a taking of the
landowner's property, the procedures of this division shall be used prior to seeking relief
from the courts.
Sec. 9.5-172. Purpose and intent.
The purpose of this division is to ensure that the adoption or application of a County land
development regulation or comprehensive plan policy does not result in an
unconstitutional taking of private property.
The intent of the Board of County Commissioners is that this division provide a means to
resolve a landowner's claim that a land development regulation or comprehensive plan
policy has had an unconstitutional effect on property in a non-judicial forum. This
division is not intended to provide relief related to regulations promulgated by agencies
other than the County or to provide relief for claims that are not cognizable in court at the
time of application under this division. Further, the procedures of this division are not
intended, nor do they create, a judicial cause of action.
Sec. 9.5-173. Exhaustion.
Relief under this division cannot be established until the landowner has received a final
decision on development approval applications from the County, including building
permit allocation system applications, appeals, administrative relief pursuant to section
9.5-124.7, and other available relief, exceptions, or variances, unless the applicant asserts
that a land development regulation or comprehensive plan policy, on its face, meets the
standards for relief in section 9.5-178.
Sec. 9.5-174. Application; exhaustion; sufficiency and contents of application.
(a) Generally. An application for a beneficial use determination may be made to the
planning department by filing an application and an application fee as established by the
Board.
(b) Contents of application. The application shall be submitted in a form established
by the County and shall include the following:
PAGE 20F8
(1 ) Contact information. The name, address, and phone number of the
landowner and applicant or agent.
(2) Legal description. A legal description and the real estate or parcel
number for the property.
(3) Letter of agency. If a person other than the landowner is requesting relief
pursuant to this division, a notarized letter of agency from the landowner
authorizing the person to represent them with respect to the application. Except
as specifically provided herein, the landowner will be bound by the
representations, obligations, and agreements made by the landowner's agent in the
course of the beneficial use determination process. The term "applicant" as used
in this division refers to the landowner or the landowner's agent, as applicable.
(4) Date of acquisition, offers to purchase, attempts to sell. Documentation
of the date of acquisition, the price incurred to acquire the property, the date and
amount of any offers by any person, corporation, governmental entity, or
association to acquire the property, and any attempts by the landowner to sell the
property.
(5) Land development regulation or comprehensive plan policy. A
statement describing the land development regulation, comprehensive plan policy,
or other final action of the County, which the applicant believes necessitates relief
under this division, including the effective date of the land development
regulation or comprehensive plan policy and/or the date of the fmal action by the
County related to the property. The application shall identifY the subject land
development regulations or comprehensive plan policies of the County by section
and number.
(6) Description of land. A description of the property's physical and
enviromnental features, total acreage, and use presently, at the time of acquisition,
and upon the effective date of the land development regulation or comprehensive
plan policy or other final action the applicant believes necessitates relief under
this division.
(7) Improvements to land. Evidence of any investments made to improve the
property, the date the improvements were made, and the cost of the
improvements.
(8) Description of allowable uses. A description of the type and extent of
land uses allowed on the property, from the time the applicant acquired the
property until the date of application under this division, including allowable
density, permitted and conditional uses, open space ratios, and other factors
affecting the property's development potential.
(9) Requested relief. A statement regarding the form of relief requested by
the landowner, pursuant to section 9.5-179.
(10) Maps. Maps shall be included in the application, which show the property
presently, at the time of acquisition, and upon the effective date of the land
development regulation, comprehensive plan policy, or other action of the County
the applicant believes necessitates relief under this division. Maps shall indicate
PAGE 3 oF8
the land use designation, future land use designation, aerial photography, and
environmental conditions and habitat on the property at the above times.
(II) Previous development applications and appeals. A description of all
efforts to seek approval to develop the property, including date of application;
name of the local, state, or federal permitting agency; nature of approval, denial,
or appeal sought; disposition; and the date of disposition.
(12) Agency approvals. Evidence of whether the applicant has received
necessary approvals from governmental agencies other than the County, which
are required in order to undertake development of the property, including, as
applicable, evidence that approvals from other agencies are not required.
(13) Signature of landowner and agent. The signature oflandowner(s) and
agent(s), attesting to the accuracy of the statements and representations made in
the application.
(14) Additional materials. Any other appraisals, studies, or evidence
supporting the applicant's contention that relief under this division is appropriate,
including appraisals related to any alleged diminution in fair market value of the
property.
(d) Standards applicable to landowner and landowner's representative.
(1) The landowner and the landowner's representative shall exercise due
diligence in the filing of and legal bases asserted pursuant an application for relief
under this division.
(2) The signature upon the application by the landowner and the landowner's
representative shall constitute a certification that the landowner and landowner's
representative have undertaken due diligence in the filing of the application, that
to the best of his or her knowledge the application is supported by good grounds
under applicable laws, and that the application has been filed in good faith,
consistent with the purpose and intent of this division.
(3) The landowner and the landowner's representative shall have a continuing
obligation throughout the proceedings to correct any statement or representation
found to have been incorrect when made or which becomes incorrect by virtue of
changed circumstances.
(4) If a claim for relief pursuant to this division is based upon facts the
landowner or the landowner's representative knew or should have known were
not correct or upon assertions of law that were frivolous, the special master may
dismiss the application and may recommend any remedy or penalty to the Board
provided by law or ordinance.
(e) Determination of sufficiency. Within fifteen (15) calendar days of accepting the
application, the planning director, or the planning director's designee, shall determine if
the application is complete and includes the materials and information listed in subsection
(b)( 1 )-( 13) above. The special master may require the landowner or the County to
provide additional information in order to make a determination under this division and
may conduct a hearing on whether the application should be dismissed for failure to
PAGE 4 oF8
include information necessary to make a recommendation, based on the standards set
forth in this division.
(I) Determined insufficient. If the planning director determines the
application is not complete, a written notice shall be mailed to the applicant
specifying the application's deficiencies. No further action shall be taken on the
application until the deficiencies are remedied. If the applicant fails to correct the
deficiencies within thirty (30) calendar days of a notice of deficiencies, the
application shall be considered withdrawn, and the application fee shall be
refunded to the applicant, upon request.
(2) Determined sufficient. When the application is determined sufficient, the
planning director shall notify the applicant in writing and, within sixty (60)
calendar days, forward the application to a special master to set a hearing date.
The planning director may forward to the special master additional materials,
applications, or decisions related to the application, including recommended
fonus of relief, consistent with this division.
Sec. 9.5-175. Action by the special master.
(a) Establishment of date for hearing and notice. The special master shall
schedule and hold a hearing on an individual beneficial use determination application
within ninety (90) calendar days of receipt of the complete application from the planning
director.
(b) Hearing. At the hearing, the landowner or landowner's representative shall
present the landowner's case and the planning director or the planning director's
representative shall represent the County's case. The special master may accept briefs,
evidence, reports, or proposed recommendations from the parties.
(c) Recommendation of the special master. Within sixty (60) calendar days of the
close of the hearing, the special master shall prepare and transmit in writing to the
planning director and the landowner, or their representatives, a recommendation
regarding the application, based on the evidence submitted and the standards set forth in
sections 9.5-178 and 9.5-179.
(I) If the special master's recommendation is that relief is not appropriate, the
special master's recommendation shall specify the basis for the recommendation.
(2) If the special master's recommendation is that relief is appropriate, the
special master's recommendation shall:
a. Recommend a fonu of relief, pursuant to section 9.5-179.
b. Indicate the basis for the recommendation, including, as
applicable:
1. identification of the County land development regulation,
comprehensive plan policy, or other action that resulted in the
recommendation for relief; and
PAGE 50F8
2. the date the land development regulation, comprehensive
plan policy, or other final action of the County affected the property so as
to necessitate relief.
Sec. 9.5-176. Action by the planning director.
Based on the recommendations of the special master, the planning director shall prepare
the item for consideration by the Board of County Commissioners. The planning director
may not disturb or alter the recommendations of the special master. Within thirty (30)
calendar days of receipt of the recommendations of the special master, the planning
director shall forward the special master's recommendation to the Board to set a public
hearing on the matter. The planning director may include with the recommendation a
proposed process and schedule for implementing the special master's recommendation.
Sec. 9.5-177. Action of the Board.
Following receipt of the matter from the planning director, the Board shall set the matter
for a public hearing. The County shall provide notice and the applicant shall be provided
an opportunity to be heard prior to the decision ofthe Board. The recommendation of the
special master is not binding on the Board. At the hearing, the Board, by resolution, shall
approve, modify, reverse, or approve with conditions, the recommendations of the special
master, based on the standards of sections 9.5-178 and 9.5-179. The resolution shall:
(a) state the date, ifany, upon which any resolution granting relief will cease to be in
effect;
(b) state that neither the Board's resolution nor any process or evidence associated
with this division is an admission of a taking of property;
(c) direct County staff to undertake any additional steps necessary to implement the
resolution; and
(d) address other matters necessary to implement the purpose and intent of this
division.
Sec. 9.5-178. Beneficial use standards.
(a) Standard. In furtherance of the purpose and intent of this division, and
consistent with Policy 101.18.5 of the comprehensive plan, relief under this division may
be granted where a court of competent jurisdiction likely would determine that a final
action by the County has caused a taking of property and a judicial finding of liability
would not be precluded by a cognizable defense, including lack of investment-backed
expectations, statutes of limitation, laches, or other preclusions to relief. Whether such
liability, at the time of application under this division, is likely to be established by a
court should be determined based on applicable statutory and case law at the time an
application is considered under this division.
(b) Burden. The applicant shall have the burden of showing that relief under this
division is appropriate.
9.5-179. Granting of relief.
PAGE60F8
(a) General. If the Board determines that relief is appropriate under this division,
relief may be granted, as provided in this section and consistent with the comprehensive
plan.
(b) Forms of relief. In order to avoid an unconstitutional result and to provide a
landowner with an economically viable use of property pursuant to this division, the
special master may recommend and the Board may allow for additional use(s), density, or
relief beyond that allowed by a literal application of the land development regulations or
comprehensive plan on the particular property, which may include:
(1) Redesignation of the property on the land use map or future land use map;
(2) Permits for development despite the literal application of the land
development regulations and comprehensive plan, although permits issued
pursuant to this section shall be subject to applicable construction deadlines and
expiration dates under chapter 6 of the Monroe County Code;
(3) Transferable development rights (TDRs);
(4) Eligibility for dedication of the property pursuant to section 9.5-
122.3( a)( 5);
(5) Repeal or amendment of the land development regulation or
comprehensive plan policy affecting the subject property;
(6) Any other economically beneficial use of the property or relief the Board
detennines appropriate and adequate under section 9.5-178 and the
comprehensive plan; or
(7) Any combination of the above.
(c) Minimum increase. Relief granted pursuant to this division shall be the
minimum necessary to comply with section 9.5-178. The highest, common, or expected
use, is not intended as an appropriate remedy, unless expressly required by applicable
statute or case law.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
PAGE70F8
Section 6. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
tenn. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (1 I), Florida Statutes and to the Secretary of State for the State of
Florida, as required.
Section 7. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the _day of , 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
(SEAL)
A TrEST: Danny L. Kolhage, CLERK
Deputy Clerk
By:
PAGE80F8
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
STAFF REPORT
-'~
<:.:;\~.~~:!<<~
<.);f'/ -'- . ~-'~, ~
,'-.~ .....IBj~'~,
..."",~ '.-f<.
-1t:!,~.<,.f',! :~~". >1,~~'
\.:..;~.-: ;~-(_ _<_/.'~f-
0-, " '. .'.' ,.
'- ~'c"'; , /;'~.
"'iiij;::~.".,:,:::~
TO:
The Board of County Commissioners
FROM:
Clarence Feagin, Ph.D., AICP, Sr. Planner
THROUGH: Andrew Trivette, Acting Director, Growth Management Division
RE: PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY
CODE
MEETING DATE: June 20,2007
1
2
3
4
5
6
7
PROPOSED REVISION:
A text amendment to the Monroe County Land Development Regulations to repeal
sections 9.5-171 through 9.5-174 concerning beneficial use determinations and replace
sections 9.5-171 through 9.5-174 with new regulations concerning beneficial use
determinations.
Previous County Action:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
None
Petitioner:
The text amendment is proposed by the County Attorney.
B. Characteristics of the proposed text amendment
The proposed text amendment removes ambiguity currently in the beneficial use
determination section of the code and clarifies procedures for providing:
1. A forum for relief,
2. An application process,
3. A hearing and recommendation by a special master,
4 The forwarding of recommendations to the Board of County Commissioners for a
hearing, and
5 Standards, burden of proof, and forms of relief.
Page I of 4
1
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
41
42
43
44
45
46
II. ANAJL1{SIS
A. Consistency with the Land Development Regulations
County requirements for amendments to the land development regulations:
Pursuant to Section 9.5-51 1 (d)(5)b of the Monroe County Code, the Board of County
Commissioners may consider the adoption of an ordinance enacting proposed changes to
the text or maps based on one (1) or more of the following factors, for which the
following justification is provided:
(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 plan;
None.
(iv) New issues;
The area of law concerning property owner's beneficial use of their land
has evolved over time, and the Monroe County Code should be consistent
with current laws.
(v) Recognition of a need for additional detail or comprehensiveness; or
The current provisions of the Monroe County Code concerning beneficial
use determinations need to be updated to reflect decisional law and to
implement a more efficient and fair process.
(vi) Data updates;
None.
B. Consistency with the Comprehensive Plan.
The amendment is consistent with the following policies of the MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN:
Obiective 101.18
Page 2 of 4
1
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
41
42
43
44
45
46
47
48
49
50
51
Monroe County hereby adopts the following procedures and criteria for the
determination of vested rights and beneficial use and for the effect of such
determinations.
Policy 101.18.1
A detennination of vested rights and beneficial use shall require:
I. an application to be submitted by the applicant to the Director of
Planning within one (1) year after the effective date of the
Comprehensive Plan;
2. appointment of a hearing officer who shall give notice, schedule, and
conduct a public hearing on the application;
3. the preparation of a proposed Determination including findings of fact
and conclusions of law which shall be submitted to the Board of County
Commissioners; and
4. a final Determination that shall specifY the development rights that are
vested or the beneficial use to which the landowner is entitled, including:
a) the geographic scope of the Detennination in relation to the total
area of the development site;
b) the duration of the Determination and an expiration date;
c) the substantive scope of the Determination, including, but not
limited to, whether the development is vested for density,
concurrency, and building permit allocation;
d) the applicability of existing and future County land development
regulations;
e) verification that construction timely commences and quarterly
reporting requirements to ensure that the development is
continuing in good faith; and
j) such other limitations and conditions necessary to assure
compliance with the Comprehensive Plan.
Policy 101.18.5
I. It is the policy of Monroe County that neither the provisions of this
Comprehensive Plan nor the Land Development Regulations shall
deprive a property owner of all reasonable economic use of a parcel of
real property which is a lot or parcel of record as of the date of adoption
of this Comprehensive Plan. Accordingly, Monroe County shall adopt a
beneficial use procedure under which an owner of real property may
apply for relief from the literal application of applicable land use
regulations or of this plan when such application would have the effect of
denying all economically reasonable use of that property unless such
deprivation is shown to be necessary to prevent a nuisance or to protect
the health, safety and welfare of its citizens under Florida Law. For the
purpose of this policy, all reasonable economic use shall mean the
minimum use of the property necessary to avoid a taking within a
reasonable period of time as established by current land use case law.
Page 3 of 4
1
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
41
42
43
44
45
46
47
48
49
2. The relief to which an owner shall be entitled may be provided through
the use of one or a combination of the following:
a) granting of a permit for development which shall be deducted
from the Permit Allocation System;
b) granting of use of transferable development rights (TDRs);
c) Government purchase of all or a portion of the lots or parcels
upon which all beneficial use is prohibited. This alternative
shall be the preferred alternative when beneficial use has been
deprived by application of Division 8 of the Land Development
Regulations;
d) such other relief as the County may deem appropriate and
adequate.
The reliefgranted shall be the minimum necessary to avoid a "taking" of the
property under state and federal law.
3. Development approved pursuant to a beneficial use determination shall
be consistent with all other objectives and policies of the Comprehensive Plan
and Land Development Regulations unless specifically exempted from such
requirements in the final beneficial use determination.
IV. CONCLUSIONS:
1. The proposed map amendment meets two (2) of the factors in Section 9.5-511 of
the Monroe County Code that the BOCC may consider for amending the land use
regulations:
(iv) New issues, and
(v) Recognition of a need for additional detail or comprehensiveness.
2. The proposed text amendment is consistent with the following comprehensive
plan Objectives and Policies of the Future Land Use Element:
1. Objective 101.18,
2. Policy 101.18.1, and
3. Policy 101.18.5
3. The proposed map amendment is in the interest of public welfare.
The text amendment will further the County's policy of not depriving a land
owner of all reasonable use of real property.
V. RECOMMENDATION:
Approval.
Page 4 of 4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division: Growth Management
Bulk Item: Yes
NoX
Department: Planning
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider adoption of a text amendment to clarify that there is no requirement to
reside in CFSD-12 in order to engage in commercial fishing operations such as processing and
packaging, trap storage and construction.
ITEM BACKGROUND:
On February 16, 2007 the Development Review Committee reviewed the proposed text amendment
and recommended approval by RESOLUTION NO. D3-07.
On April 11, 2007 the Planning Commission heard the proposed text amendment and recommended
approval by RESOLUTION NO. PI4-07.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NA
BUDGETED: Yes
NoX
COST TO COUNTY: NA
SOURCE OF FUNDS:
NA
REVENUE PRODUCING: Yes
No No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included Yes
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 9.5-247(1) OF THE
MONROE COUNTY CODE: COMMERCIAL FISHING SPECIAL
DISTRICT - 12 (CFSD-12 LOCATED ON BIG PINE) TO CLARIFY
THAT THERE IS NO REQUIREMENT TO RESIDE IN CFSD-12 IN
ORDER TO ENGAGE IN COMMERCIAL FISHING OPERATIONS
SUCH AS PROCESSING AND PACKAGING, TRAP STORAGE AND
CONSTRUCTION; PROVIDING FOR CODIFICATION,
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR FORWARDING OF THIS ORDINANCE TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY
OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On June 20, 2007 the Board of County Commissioners heard the proposed
text amendment and made a finding of the following facts:
1. Monroe County has adopted the Year 2010 Comprehensive Plan (comprehensive
plan);
2. The Monroe County Board of County Commissioners found that the
comprehensive plan is necessary to preserve, promote, protect and improve the public
health, safety and general welfare;
3. The adopted comprehensive plan contains goals, objectives, policies, for
regulating future development and redevelopment;
4. Policy 101.4.6 of the comprehensive plan provides for the maintenance and
enhancement of commercial fishing and related traditional uses such as retail, storage,
and repair and maintenance which support the commercial fishing industry, and
residential uses;
5. GOAL 212 ofthe comprehensive plan prioritizes shoreline land uses and establishes
criteria for shoreline development in order to preserve and enhance coastal resources and to
ensure the continued economic viability of the County;
6. Objective 212.1 of the comprehensive plan provides for the implementation of measures
for regulating shoreline uses consistent with the following ordcr of priorities:
a.) water-dependent uses,
b.) water-related uses, and
c.) uses that are not dependent upon or related to shoreline access;
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda Items\20070620\CFSD-12\ORDfNANCE BOCC AMEND
TEXT CFSD-12.doc
Page I of4
7. Policy 212.1.3 of the comprehensive plan provides for the maintenance of existing
commercial fishing operations as conforming uses; and
WHEREAS, A staff report and Resolution by the Development Review Committee
(D4-07) presented to the Planning Commission on April 11, 2007 made the following
conclusions of law and findings of fact:
1. The proposed text amendment meets two (2) of the factors in Section 9.5-511 of
the Momoe County Code that the BOCC may consider for amending the land use
regulations;
(iv) New issues.
Recent complaints by commercial fishermen who own land in CFSD 12,
but do not reside within the district, petitioned the BOCC at their
December 2006 meeting to direct staff to initiate a text amendment that
would codify the findings of Administrative Interpretation No. 01-119 to
remove the residency requirement so that land owners in CFSD-12 who do
not reside in the CFSD-12 district can use their land for processing and
packaging of catch, trap construction or storage, and
(v) Recognition of a need for additional detail or comprehensiveness.
The text amendment will further the intent and purpose of the Commercial
Fishing Special District (CFSD) so that all commercial fishermen in
Monroe County can benefit from this land use designation, whether they
reside within the district or not; and
WHEREAS, The staff report presented to the Development Review Committee on
February 16,2007 concluded that the proposed text amendment to Section 9.5-247(1) of
the land development regulations is consistent with the comprehensive plan, is not
incompatible with surrounding land uses, will not result in adverse community change of
Planning Area 18, and is therefore in the interest of public health, safety, and welfare; and
WHEREAS, The BOCC held two public hearings on June 20, 2007 and July 18, 2007
and received input from the public, which was duly considered,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-247(1) is amended as follows:
[Amendments are presented in strikethrough to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain un-
amended. ]
(1) CFSD 12 (Located on Big Pine):
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda Items\20070620\CFSD-12\ORDfNANCE BOCC AMEND
TEXT CFSD-12,doc
Page 2 of 4
(1) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as of right:
a. Commercial fishing", ~ excluding processing and packaging as \yell as trap
storage and construction by persons other than residents of the district;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to article
VII, division 16, section 9.5-434.5(c) "Collocations on an existing
antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite
earth stations."
f. Home occupations--Special use permit required; commercial fishing does
not require a special use permit.
(2) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the structures are separated from
existing detached dwellings by one hundred (100) feet or a class D buffer-
yard.
b. Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\CFSD-J2\ORDINANCE BOCC AMEND
TEXT CFSD-J2.doc
Page 3 of 4
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
Section 6. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (II), Florida Statutes, and to the Secretary of State for the State of
Florida.
Section 7. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the _day of , 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
(SEAL)
ATTEST: Danny L. Kolhage, CLERK
By:
Deputy Clerk
W:\GROWTH MANAGEMENTlBOCC\GMD Agenda Items\20070620\CFSD-12\ORDINANCE BOCC AMEND
TEXT CFSD-12.doc
Page 4 of 4
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
TO:
STAFF REPORT
FROM:
Clarence Feagin, Ph.D., AICP, Senior Planner
THROUGH: Andrew Trivette, Acting Director, Growth Management Division
RE: TEXT AMENDMENT TO SECTION 9.5-247(1) OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO CLARIFY
THAT THERE IS NO REQUIREMENT TO RESIDE IN
COMMERCIAL FISHING SPECIAL DISTRICT - 12 (CFSD-12
LOCATED ON BIG PINE) IN ORDER TO ENGAGE IN
COMERCIAL FISHING OPERATIONS SUCH AS PROCESSING
AND PACKAGING, TRAP STORAGE AND CONSTRUCTION
MEETING DATE: June 20, 2007
1
2
3
4
5
6
7
8
9
I. PROPOSED REVISION:
A text amendment to the Monroe County Land Development Regulations, amending
Section 9.5-247(I) CFSD 12 (Located on Big Pine) to clarify that there is no requirement
to reside in commercial fishing special district 12 (CFSD-12 located on Big Pine) in
order to engage in commercial fishing operations such as processing and packaging, trap
storage and construction (see Exhibit A attached, Proposed Text Amendment).
Previous County Action:
10
11
12
13
14
15
16
17
18
19
20
On February 16, 2007 the Development Review Committee reviewed the proposed text
amendment and recommended approval by RESOLUTION NO. D3-07.
On April 11, 2007 the Planning Commission heard the proposed text amendment and
recommended approval by RESOLUTION NO. PI4-07.
Petitioner:
The text amendment is sponsored by the Monroe County Department of Planning and
Environment and Resources.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\CFSD-12ISTAFF REPORT BOCC TEXT AMEND CFSD
12.doc
Page 1 of9
1
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
41
42
43
A. Area of land affected by the text amendment
The text amendment affects all parcels and land owners within CFSD 12.
Location:
Mile Marker 30, Big Pine Key
Location Map: Exhibit B
Zoning Map: Exhibit C
B. Characteristics of the proposed text amendment
(i) This amendment will allow non-residents of CFSD 12 to engage in commercial
fishing operations in CFSD 12.
(ii) The amendment will further the purpose of the CFSD 12 land use district (stated
below):
Sec. 9.5-218. Purpose of the Commercial Fishing Special District (CFSD).
The purpose of the CFS districts is to establish areas where various aspects of
commercial fishing have been traditionally carried out while prohibiting the
establishment of additional commercial fishing uses which are inconsistent with the
natural environment, immediate vicinity or community character of the area.
(Ord. No. 33-1986, 9 9-118)
II. BACKGROUND:
The land area of the proposed zoning change has been used historically for commercial
fishing, but the 1986 LDRs which established CFSD 12 (located on Big Pine) limited the
processing and packaging of catch, trap storage and construction to residents of the
district.
In recent times commercial fishermen who own land in the CFSD 12 but do not reside
within the district, have complained that they cannot conduct commercial fishing
operations such as processing and packaging, trap storage and construction on their land
because the current language of the text limits certain commercial fishing uses to
residents of CFSD 12. Under the current language of the text, land owners in CFSD 12
who are commercial fishermen but do not reside in CFSD 12 are not able to use their land
for processing and packaging of catch, trap construction or storage. These are land uses
associated with commercial fishing that are essential for deriving economic benefits from
land ownership in CFSD 12 as they relate to commercial fishing. As a result, commercial
fishermen who own land in CFSD 12 feel grieved by this limitation, and have petitioned
the Board of County Commissioners to seek relief.
Pursuant to Administrative Interpretation No. 01-119, the Planning Director opines that
the residency requirement is not enforceable or legally defensible, and that an amendment
to Section 9.5-247(I) is necessary to remove the residency requirement.
W:IGROWTH MANAGEMEN1\BOCCIGMD Agenda Itemsl20070620ICFSD-12ISTAFF REPORT BOCC TEXT AMEND CFSD
12.doc
Page 2 of9
1
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
41
42
43
44
45
At a regular meeting of the Board of County Commissioners in December 2006, the
Board gave direction to staff to explore alternatives that would resolve the grievances of
commercial fishermen who cannot benefit from land ownership in CFSD 12 as those
benefits relate to commercial fishing operations.
At its December 2006 meeting, the BOCC directed staff to initiate a text amendment that
would codify the findings of Administrative Interpretation No. 01-119.
After researching the matter, Planning staff has determined that removing the residency
requirement will provide sufficient relief to land owners in CFSD 12, and still fulfill the
purpose of the CFSD 12 land use district. This amendment is also consistent with the
opinion of the Planning Director's Administrative Interpretation No. 01-119, which
recommends as corrective action the removal ofthe residency requirement.
As directed by the BOCC, the purpose of this text amendment is to remove the residency
requirement so that non-residents of this district may engage in commercial fishing
operations in CFSD 12 (Exhibit B, Location Map; Exhibit C, Zoning Map).
III. ANALYSIS
A. County requirements for changes to the land development regulations.
It is the petitioner's burden to justify overturning existing land use regulations previously
set by the board of county commissioners.
Pursuant to Section 9.5-51 1 (d)(5)b of the Monroe County Code, the Board of County
Commissioners may consider the adoption of an ordinance enacting proposed changes to
the text or maps based on one (1) or more of the following factors, for which the
petitioner provides the following justification:
(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 plan;
None.
(iv) New issues;
Recent complaints by commercial fishermen who own land in CFSD 12
but do not reside within the district, have prompted the BOCC and
W:IGROWTH MANAGEMEN1iBOCCIGMD Agenda Items\200706201CFSD-121STAFF REPORT BOCC TEXT AMEND CFSD
12.doc
Page 3 of9
1
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
41
42
43
44
45
Planning staff to explore alternatives for relieving land owners of the
requirement to reside within the district in order to engage in commercial
fishing operations such as processing and packaging, trap storage and
construction.
(v) Recognition of a needfor additional detail or comprehensiveness; or
In addition to providing the necessary relief to commercial fishermen, the
proposed amendment to Section 9.5-247(1) to remove the residency
requirement will further the intent and purpose of the Commercial Fishing
Special District (CFSD) so that all commercial fishermen in Monroe
County can benefit from this land use designation, whether they reside
within the district or not.
(vi) Data updates;
None.
B. Consistency with the Comprehensive Plan.
The Future Land Use Map categorizes the land area of CFSD 12 as Mixed
Use/Commercial Fishing (MCF). Policy 101.4.6 of the Monroe County Year 2010
Comprehensive Plan states:
"The principal purpose of the Mixed Use/ Commercial Fishing (MCF)
land use category is to provide for the maintenance and enhancement of
commercial fishing and related traditional uses such as retail, storage, and
repair and maintenance which support the commercial fishing industry.
Residential uses are also permitted. In order to protect environmentally
sensitive lands, the following development controls shall apply to all
hammocks, pinelands, and disturbed wetlands within this land use
category:
1. only low intensity commercial uses shall be allowed
2. a maximum floor area ratio of 0.1 0 shall apply; and
3. maximum net residential density shall be zero. "
The purpose and intent of the MCF is implemented in the Monroe County Land Use
Regulations by the CFV, CF A, and CFSD zoning districts. The text amendment is
consistent with Policy 101.4.6 of the Monroe County Year 2010 Comprehensive Plan's
Future Land Use Element, and provides for its implementation.
C. Public Welfare Issues.
The petitioner provides justification that the text amendment promotes public welfare as
follows:
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda Items\20070620\CFSD-12\STAFF REPORT BOCC TEXT AMEND CFSD
12.doc
Page 4 of9
1
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
41
42
43
44
45
46
47
1. The text amendment will further protect the commercial fishing industry, which
represents a large part of Monroe County's overall economy.
D. Benefits to Property Owners:
The petitioner provides justification of benefits to property owners as follows:
1. The text amendment will provide beneficial land uses to land owners in CFSD 12
relating to commercial fishing operations, even though they do not reside within the
CFSD 12 zoning district.
IV. CONCLUSIONS:
1. The proposed map amendment meets two (2) of the factors in Section 9.5-511 of
the Monroe County Code that the BDCC may consider for amending the land use
regulations.
(iv) New issues.
Recent complaints by commercial fishermen who own land in CFSD 12, but do
not reside within the district, petitioned the BOCC at their December 2006
meeting to direct staff to initiate a text amendment that would codify the findings
of Administrative Interpretation No. 01-119 to remove the residency requirement
so that land owners in CFSD-12 who do not reside in the CFSD-12 district can
use their land for processing and packaging of catch, trap construction or storage,
and
(v) Recognition of a need for additional detail or comprehensiveness.
The text amendment will further the intent and purpose of the Commercial
Fishing Special District (CFSD) so that all commercial fishermen in Monroe
County can benefit from this land use designation, whether they reside within the
district or not.
2. The proposed text amendment is consistent with the comprehensive plan.
Policy 101.4.6, Future Land Use Element, for the maintenance and enhancement
of commercial fishing and related traditional uses such as retail, storage, and
repair and maintenance which support the commercial fishing industry.
Residential uses are also permitted.
GOAL 212, Conservation and Coastal Management Element, to prioritize shoreline
land uses and establish criteria for shoreline development in order to preserve and
enhance coastal resources and to ensure the continued economic viability of the County.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\CFSD-I2\STAFF REPORT BOCC TEXT AMEND CFSD
12,doc
Page 5 of9
1
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
41
42
43
44
45
46
47
Objective 212.1, Conservation and Coastal Management Element, By January 4,
1998, Monroe County shall develop and implement measures for regulating shoreline
uses consistent with the following order of priorities:
a) water-dependent uses;
b) water-related uses; and
c) uses that are not dependent upon or related to shoreline access.
Policy 212.1.3, Conservation and Coastal Management Element, to maintain existing
commercial fishing operations as conforming uses
3. The proposed map amendment is in the interest of public welfare.
The text amendment will further protect the commercial fishing industry, which
represents a large part of Monroe County's overall economy.
4. Land owners within the area affected will derive beneficial use of land.
The text amendment will provide beneficial land uses to land owners in CFSD 12 relating
to commercial fishing operations, even though they do not reside within the CFSD 12
zoning district.
v. RECOMMENDATION:
Staff recommends approval of the proposed text amendment.
W\GROWTH MANAGEMEN1\BOCC\GMD Agenda ltems\20070620\CFSD-12\STAFF REPORT BOCC TEXT AMEND CFSD
12,doc
Page 6 of9
1
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
41
42
43
44
45
46
47
Exhibit A
Proposed Text Amendment
Section 9.5-247(1) of the Monroe County Land Development Regulations is amended as
follows:
[Amendments are presented in strikethrough to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain un-
amended.]
(1) CFSD 12 (Located on Big Pine):
(1) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as of right:
a. Commercial fishing", ; excluding processing and packaging as \\'ell as trap
storage and construction by persons other than residents of the district;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to article
VII, division 16, section 9.5-434.5(c) "Collocations on an existing
antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite
earth stations."
f. Home occupations--Special use permit required; commercial fishing does
not require a special use permit.
(2) Subject to the limitation that no use shall involve a vessel that draws more than
six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the structures are separated from
existing detached dwellings by one hundred (100) feet or a class D buffer-
yard.
b. Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
W:\GROWTH MANAGEMENl\BOCC\GMD Agenda Items\20070620\CFSD-J2\STAFF REPORT BOCC TEXT AMEND CFSD
J2,doc
Page 7 of9
1
2
3
4
Exhibit B
LOCATION MAP
Big Pine Key
,. ,
"
..,
, i
\
\
, I
\
\,
'"
'-
",
...,
>"
"
,
,'\.,-'
_-.: .~::~ 1.1
:~\ :', '" n" r;r ,- -- '-
..-..\~. -" I~:"
'"\' !.~ ~ -:[1. 1 ~..~
~ '\ \ 3: ~~.. /. I.
,.." . '\{~ .
'-':, .' <'\, "-,~
, . ' , - \' < ,,~.
.t '. I
~ 1_ i '"'
J
',--
",
".
"',
'f,
"
~:'
.......... ." tu~
""",~~;~<
"
"
"
'-I
'; I .:
., 1 '!.f I
~ ... r"
t-' ·
( .. ~;-----
~-_:..-_:~-:--<-----~'-----~. j"-: "
"'~---.
'.,......" _N.1:
"I." _ fl . ~
. I "
'-1"
.. I
I"
f;-
t.I:,
,'-
~ ~ ~....-
~. ....~
"
~.' 1';- ~. r
.~:; j'
-;,
[;~"-':~::';~~'~~\'
-., .'.0" Ijr.
. .. .
I~ .: ;.~r"'. ;.; ~
\
\. "
~ . ~ l -~.: ,f ~ \I
",
, '
"
.. \.
-'-"---
, -~~-.t..:....
-:;'1
I.' ]
5
6
7 Source: Comprehensive Plan Future Land Use Map
8
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda /tems\20070620\CFSD-12\STAFF REPORT BOCC TEXT AMEND CFSD
12,doc
Page 8 of9
1
2
3
4
5
6
Exhibit C
ZONING MAP
CFSD-12 Big Pine Key
o
lIl:
.
.
11
.
.
.
.
.
B
7
8
9 Source:
10
11
.
.
~
.
CANN.-
a "
I
t .
omlALDINI *,",HT
~
D
L
_nUT
.
. . f >
4:
I
. . . Q
.
\
\".
\\
, "
n
\ "
\\
,..
\\
\ "
\\
\ '.
\\
,'.
\\
,'.
\,
, "
n
.a..-.- ...ft~ - -.. - -- - - -... - -- -- --
...J:~_.._.... ....._..._......_...._.__...._.._.._. _..._.....
Official Land Use District Maps of Monroe County
Volume III-Lower Keys, Sheet 353
W:IGROWTH MANAGEMENT\BOCCIGMD Agenda Items\20070620ICFSD- 1 21ST AFF REPORT BOCC TEXT AMEND CFSD
12.doc
Page 9 of9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division: Growth Management
Bulk Item: Yes
NoX
Department: Planning
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider an Ordinance amending the Monroe County Land Use District Maps,
Volume Ill, Sheet 372, changing the zoning at Lucky's Landing, mm 28.5, 133 Barry Avenue, from
URM (Urban Residential Mobile Home) to DR (Urban Residential).
ITEM BACKGROUND:
On February 16, 2007 the Development Review Committee reviewed the proposed zoning change and
prepared a staff report and a Resolution (No. DI-07) recommending that the Planning Commission
forward a recommendation to the BOCC to adopt an ordinance enacting the proposed zoning change
from URM to DR.
On May 09, 2007 the Monroe County Planning Commission held a public hearing regarding the
petitioner's request to change the zoning from URM to DR at Lucky's Landing. In consideration of the
staff report, Development Review Committee Resolution DI-07, and public testimony at the May 9th
meeting, the Planning Commission voted four (4) to one (1) in favor of recommending that the Board
adopt an ordinance amending the official Monroe County Land Use District Maps, Volume Ill-Lower
Keys, Sheet 372, changing the zoning from URM to DR at Lucky's Landing.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NA
BUDGETED: Yes
NoX
COST TO COUNTY: NA
SOURCE OF FUNDS:
NA
REVENUE PRODUCING: Yes
No No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty ~ OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included Yes
Not Required_
DISPOSITION:
AGENDA ITEM #
W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda ltems\20070620\Lucky's Landing\AGENDA SUMMARY BOCC LUCKY LANDING ZONING
CHANGE,DQC
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST OF
LUCKY'S LANDING INC. TO AMEND THE OFFICIAL
MONROE COUNTY LAND USE DISTRICT MAPS, VOLUME
III, SHEET 372, CHANGING THE URBAN RESIDENTIAL
MOBILE HOME (URM) LAND USE DISTRICT TO URBAN
RESIDENTIAL (DR), LOCATED AT 133 BARRY AVENUE,
MILE MARKER 28.5, LITTLE TORCH KEY, AND DESCRIBED
AS THE N'LY 100 FEET OF LOT 2, AND ALL OF LOT 3, OF
BARRY BEACH, A SUBDIVISION OF GOVERNMENT LOT 5,
AND THA T PART OF GOVERNMENT LOT 6, SECTION 28,
TOWNSHIP 66 SOUTH, RANGE 29 EAST, NORTH OF US
HIGHWAY NO.1, ON LITTLE TORCH KEY, MONROE
COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 127 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE AS PART OF THE LAND
USE DISTRICT MAPS; PROVIDING FOR THE TRANSMITTAL
OF THIS ORDINANCE TO THE STATE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS: Lucky's Landing Inc. made application December 28th, 2006 to
rezone from Urban Residential Mobile Home (URM) to Urban Residential (UR) the land
area described in Exhibit A (attached); and
WHEREAS: On February 16, 2007 the Development Review Committee
reviewed the proposed amendment and prepared a staff report with a recommendation to
the Planning Commission to recommend the board adopt an ordinance enacting the
proposed zoning change from URM to UR; and
WHEREAS: On May 09,2007 the Monroe County Planning Commission heard
public testimony and the petitioner's request regarding the proposed amendment to the
official Momoe County Land Use District Maps, Volume III-Lower Keys, Sheet 372,
changing the zoning in the area shown in Exhibit A from URM to UR; and
WHEREAS: In consideration of the staff report and Development Review
Committee Resolution Dl-07 presented to the Planning Commission on May 09, 2007,
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\ORDINANCE BOCC MAP
CHANGE FROM URM TO UR.doc
Page I of 4
the Planning Commission recommended that the Board adopt an ordinance enacting an
amendment to change the official Monroe County Land Use District Maps, Volume III-
Lower Keys, Sheet 372, from URM to UR; and
WHEREAS: Monroe County has adopted the Year 2010 Comprehensive Plan
(comprehensive plan) and Future Land Use Maps (FLUM) including the following
findings of fact:
1. The comprehensive plan and FLUM are necessary to preserve, promote, protect
and improve the public health, safety and general welfare; and
2. The adopted comprehensive plan contains goals, objectives, policies, and future
land use maps for guiding future development and redevelopment; and
3. Policy 101.4.4 of the comprehensive plan establishes the Residential High (RH)
future land use category to provide for high-density single-family, multi family
(attached), and institutional residential development, including mobile homes and
manufactured housing, located near employment centers; and
4. The FLUM categorizes the land area of the proposed zoning change as RH; and
5. Policy 101.4.21 of the comprehensive plan establishes corresponding zomng
classifications for implementing the purpose of the RH land use category; and
6. The corresponding zoning classifications which serve to implement the purpose of
the RH future land use category of the comprehensive plan are Urban Residential Mobile
Home Limited (URM-L), Urban Residential Mobile Home (URM), and Urban
Residential (UR); and
7. Changing the zoning from URM to UR is consistent with future land use policies
and map of the comprehensive plan; and
8. The board of county commissioners may consider the adoption of an ordinance
enacting the proposed zoning change from URM to UR based on at least one of the six
(vi) factors listed in Section 9.5-511 (d) (5) (b) of the Monroe County Code; and
WHEREAS: The Board of County Commissioners made the following findings
of fact and conclusions of law:
1. The petitioner for the map amendment provided justification for changed
conditions under factor (iv) New Issues, of Section 9.5-511 (d) (5) (b) MCC, in that in
meeting current building codes, landscape buffers, wastewater management, and
maximum open space for dwelling units, including the recently adopted inclusionary
housing ordinance which requires 30% of existing mobile homes to be replaced with
affordable housing, causes a constraint on site design for redeveloping all lawfully
established dwelling units on a site; and
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\ORDTNANCE BOCC MAP
CHANGE FROM URM TO UR.doc
Page 2 of 4
2. The permissibility of attached (multi-family) residential uses in the UR zoning
district provides for clustered housing site design that is a more viable development
alternative for achieving simultaneously the requirements of the recently adopted
inclusionary housing ordinance to replace 30% of existing dwelling units with affordable
housing, preserve 20% as open space, provide an aesthetically appealing landscape buffer
plan, provide safe traffic circulation through the site, provide a storm water management
plan, and optimize fire protection; and
3. The zoning change, which would permit attached residential (multi-family)
dwellings, is supported by rationale provided in the Housing Element of the
Comprehensive Plan's Technical Document: Data, Analysis, and Recommendations;
encouraging the private sector to construct for-sale multi-family housing (Monroe County
Year 2010 Technical Document, Section 7.2.4 Housing Element, The Private Sector and
Housing Needs, New Construction of For-Sale Multi-Family Condominiums, page 7-32);
and
4. Little Torch Key is in Planning Area 16, which is characterized as a community in
transition from sparsely settled to sub-urban; and
5. Pursuant to the County's adopted methodology in Volume I of the Plan for
analyzing community change, changing the zoning from URM to UR at the subject site to
permit multi-family (attached) residential land use in Planning Area 16 will not result in
adverse community change of the Planning Area with respect to unfavorable social,
cultural, economic or environmental impacts; and
6. The proposed amendment to the official Land Use District Maps, Volume III,
Sheet 372, changing from URM to UR the area shown in Exhibit A, is consistent with the
comprehensive plan, does not relieve particular hardships, does not confer special
privileges or rights on any person, will not result in adverse community change of
Planning Area 16, and is in the interest of public health, safety, and welfare; and
WHEREAS: The BOCC held a public hearing on June 20, 2007 and received
input from the public, which was duly considered,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Map Amendment. Volume III, Sheet 372 of the Monroe County Land Use
District Maps is hereby amended from URM to UR as follows:
See Exhibit A
Zoning Map Change M26085
Section 2. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
W:\GROWTH MANAGEMENT-LDR\Amendments\LUD Maps\LUCKY'S LANDlNG\ORDINANCE HOCC MAP
CHANGE FROM URM TO UR.doc
Resolution P27-07
Page 3 of4
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an amendment to
the Land Use District Maps.
Section 5. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (11), Florida Statutes and to the Secretary of State for the State of
Florida, as required.
Section 6. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting held on the 20th day of June, 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario DiGennaro
A T'TEST: DANNY KOLHAGE, CLERK
Deputy Clerk
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\ORDINANCE BOCC MAP
CHANGE FROM URM TO UR.doc
Page 4 of 4
EXHIBIT A
To
ORDINANCE NO. 2007
The amendment is to the Monroe County Land Use District Maps, Volume III-Lower
Keys, Sheet 372, changing from Urban Residential Mobile Home (URM) to Urban
Residential (UR) the site indicated below.
LITTLE TORCH KEY
II
I
,
I
I
.
r
,
MU \~ite
--;-----t~
,
,
,
I I
------....----.,
: ,
1 --"r
j--.- I
,
.
NA
~
=
=
~
~
~
>.
""
""
~
=
V.S.I
MM 28.5
,
,
,
'- --
--.,--\
- - , ,
~ ,
, ,
" ,
: ~
t
N
Source: Monroe County Land Use District Map, Volume III-Lower Keys, Sheet 372.
Map Amendment # M26085
W:\GROWTH MANAGEMENT,LDR\AmendmentsLUD Maps'LUCKY'S LANDING\Exhibit for Ad A LUD MAP
CHANGE,doc
Page I of I
I"" :
~
I". :
~
1
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
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
To:
From:
The Board of County Commissioners
Clarence Feagin, Ph.D., AICP, Senior Planner
Andrew Trivette, Acting Director,
Growth Management Division
June 20, 2007
AMENDMENT TO THE LAND USE DISTRICT MAPS, VOLUME III,
SHEET 372, CHANGING THE URM (URBAN RESIDENTIAL MOBILE
HOME) LAND USE DISTRICT TO UR (URBAN RESIDENTIAL)
Through:
Date:
RE:
I MEETING DATE:
II REQUEST:
June 20, 2007
A. Proposal: The petitioner proposes amending the Monroe County Land Use
District Maps, Volume III-Lower Keys, Sheet 372 to change the entire URM
(Urban Residential Mobile Home) land use district shown in Exhibit A (attached)
to UR (Urban Residential).
B. Location:
1. Island & Mile Marker: Little Torch Key, MM 28.5
2. Address: 133 Barry Ave, Little Torch Key
Legal Description: The land area affected by the zoning change is
described in a boundary survey sealed and signed on November
14,2006 by J. Lynn O'Flynn as:
The N'ly 100 feet of lot 2, and all of Lot 3, of Barry Beach, a
subdivision of Government Lot 5, and that Part of Government Lot
6, Section 28, Township 66 South, Range 29 East, North of US
Highway No.1, on Little Torch Key, Monroe County, Florida,
according to the Plat thereof, recorded in Plat Book 2, Page 127 of
the Public Records of Monroe County, Florida. (See Exhibit A)
3. RE Number (s): The land area affected by the zoning change is
within RE Number 00214970-000000.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF REPORT BOCC
LUCKYLANDING.doc
Page J of II
1
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
41
42
43
44
45
C. Applicant:
1.
2.
Petitioner:
Agent:
Lucky's Landing, Ine.
Michael Cunningham
III PROCESS:
Pursuant to Momoe County Code (MCC) S9.5-511(d), an applicant must present
a request to the Development Review Committee (DRC), Planning Commission
(PC) and Board of County Commissioners (BOCC). As this request does not
require a Comprehensive Plan amendment, there will be no transmittal to the
State prior to adoption. The PC meeting shall be in Marathon, and BOCC
meetings shall be in Marathon or Key West.
IV PRIOR COUNTY ACTIONS:
The pre 1986 zoning designation for this site was RU-5, which permitted mobile
homes and detached residential dwellings.
In 1986, the site was designated as URM with the adoption of the 1986 Florida Keys
Comprehensive plan and Land Development Regulations. The permitted
residential uses in the URM district were detached dwellings and mobile homes.
In 1996, the Future Land Use Map (FLUM) of the Year 2010 Momoe County
Comprehensive Plan became effective, and the site was designated Residential High
(RH) for high density residential development. The permitted residential uses in the
RH land use category are detached dwellings, mobile homes, and attached dwellings.
V BACKGROUND INFORMATION:
A. Existing Land Use District: Urban Residential Mobile Home (URM)
B. Existing Future Land Use Designation: Residential High (RH)
C. Proposed Land Use District: Urban Residential (UR)
D. Proposed Future Land Use Designation: No change proposed
E. Proposed Tier Designation: Tier III, infill area
F. Size of Site: 2.55 acres.
G. Land Use and Habitat from 1985 Aerials: 740, disturbed
H. Existing Vegetation / Habitat: Scarified / developed
I. Community Character of Immediate Vicinity:
The subject property is a developed mobile home park with occupied mobile
homes. The site is located on Barry Ave, north of US 1. Barry Avenue is a
County road on the West side which provides access to the mobile home park.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 2 of 11
1
2 The land area North and adjacent to the site is zoned Mixed Use (MU) where
3 there is a restaurant. The land area South and adjacent to the site is zoned for
4 Suburban Commercial (SC) and Institutional uses. West of the site is zoned
5 Native Area (NA), and East of the site is open water (Pine Channel).
6
7 Little Torch Key is in Planning Area 16 (Volume I, Chapter 2, 1986 Florida Keys
8 Comprehensive Plan). In 1986 the composite community character of Planning
9 Area 16 was in transition from Sparsely Settled to Sub-Urban, where the land use
10 patterns were changing from low density to medium density residential uses and
11 community-wide scale commercial uses.
12
13 The 1997 Monroe County Year 2010 Comprehensive Plan's Future Land Use
14 Maps designated the area for high density residential uses, characteristic of a
15 community in urban transition.
16
17 REVIEW OF APPLICA nON:
18
19 A. Land Use and Zoning History:
20
21 The subject site is not a platted subdivision, but is part of Barry subdivision. Since
22 the 1960s the site has been used as a mobile home park.
23
24 (1) Pre-1986 Zoning:
25
26 The pre-1986 zoning was RU-5 (Residential Mobile Home District), which
27 permitted mobile home and single family residential sues.
28
29 (2) Considerations during the 2010 Comprehensive Plan Process:
30
31 The land use designation was changed from RU-5 to Urban Residential Mobile
32 Home (URM) in 1986 with the adoption of the LDRs. The subject site was
33 given the Future Land Use Map (FLUM) designation of Residential High (RH)
34 in 1997 when the FLUM was adopted.
35
36 (3) Boundary Changes since 1986:
37
38 There have been no boundary changes since 1986.
39
40 B. Analysis and Rationale for Change:
41
42 Pursuant to See. 9.5-511 (d) (5) (b) of the Momoe County Code (MCC), the Board
43 of County Commissioners may consider the adopting of an ordinance to enact
44 map amendments based on one or more of the following factors:
45
46
47 (1) Changed Projections (e.g., regarding public service needs):
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 3 of 11
1
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
41
42
43
44
45
46
1. Applicant:
None.
2. Staff: There have been no changes in the public service area boundary (such
as annexations), or changes in the allocated density for the RH future land
use category.
Since 1992 the Building Permit Allocation System (BP AS) has regulated
growth in the lower Keys Sub-County planning area. Of the approximately
900 residential dwelling units allocated to the lower Keys since 1992, less
than 100 were allocated to Little Torch Key. None of the 100 residential
dwellings units allocated to Little Torch were mobile homes, as
development of new mobile home parks are prohibited.
(2)
Changed Assumptions (e.g., regarding demographic trends):
1. Applicant:
None.
(3)
Staff: No new mobile home parks have been developed in the Florida Key as
they are prohibited. Staff does not anticipate changes in demographics that
would necessitate the need for additional mobile home parks in the RH
future land use category.
Data Errors (including errors ill mapping, vegetation types and natural
features):
1. Applicant:
None.
2. Staff:
None.
(4)
New Issues:
Applicant: The petitioner wishes to redevelop the mobile home park with
residential uses other than mobile homes, but the only other option for
residential use in the URM district is detached dwelling units. Consequently, the
small size of the petitioners property, relative to the number of units to be
replaced, creates a geometric constraint on site design because of the requirement
to replace 30% of the existing dwelling units with affordable housing, preserve
20% as open space, provide for an aesthetically appealing landscape buffer plan,
provide safe traffic circulation through the site, provide a storm water
management plan, and provide for fire hydrants and adequate spacing between
dwelling units for better fire protection.
The petitioner claims that to replace all the existing lawfully established mobile
homes with detached dwellings creates a geo-physical constraint that wouldn't
allow all the units, including 30% as affordable housing units, to be replaced in
the URM land use district.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 4 of 11
1. Applicant:
2. Staff:
(6) Data Updates:
1. Applicant:
2. Staff:
Reviewer:
Page 5 of 11
1
2 Pursuant to MCC Section 9.5-204 the purpose of the UR district is to provide areas
3 appropriate for high-density residential uses designed and intended for occupancy
4 by persons gainfully employed in the Florida Keys and to create areas to provide for
5 vacation rental use of detached dwellings, duplexes, and multifamily dwellings. This
6 district should be established at or near employment centers.
7
8 As of right uses:
9
10 (1) Detached residential dwellings,
11 (2) Public buildings and uses,
12 (3) Home occupations--Special use permit required,
13 (4) Accessory uses,
14 (5) Vacation rental use.
15
16 Minor conditional uses:
17
18 (1) Attached residential dwelling units,
19 (2) Institutional and institutional-residential uses,
20 (3) Parks and community parks.
21
22 Major conditional uses:
23
24 (1 ) Marinas,
25 (2) Time-share estates, including uses accessory thereto,
26 (4) Land use overlays A, E, PF
27
28 (3) Development Potential within the current URM land use district:
29
30 Sec. 9.5-234. Urban Residential--Mobile Home District (URM).
31
32 Pursuant to MCC S 9.5-205, the purpose of the Urban Residential Mobile Home
33 District (URM) is to recognize the existence of established mobile home parks and
34 subdivisions, but not to create new such areas, and to provide for such areas to serve
35 as a reservoir of affordable and moderate-cost housing in Momoe County.
36
37 As of right uses:
38
39 (1) Mobile homes,
40 (2) Detached residential dwellings,
41 (3) Recreational vehicles,
42 (4) Home occupations,
43 (5) Accessory uses, and
44 (6) Tourist housing uses.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 6 of 11
1
2 Minor conditional uses:
3
4 (1) Replacement of an existing antenna-supporting structure,
5 (2) Stealth wireless communications facilities,
6 (3) Satellite earth stations.
7
8 Major conditional uses:
9
10 (1) Marinas,
11 (2) Commercial retail of low- and medium-intensity and office uses or any
12 combination thereof ofless than twenty-five hundred (2,500) square feet of floor area,
13 (3) Parks and community parks,
14 (4) Land use overlays A, E, PF.
15
16
17 (4) Analysis:
18 The proposed map amendment is consistent with Policies 101.4.4 and 101.4.4 of the
19 comprehensive plan.
20 Consistency with the comprehensive plan:
21 The proposed map amendment is consistent with land use regulations Policies 101.4.21
22 and 101.4.4 of the adopted comprehensive plan.
23 Differences between current and proposed zoning:
24 The proposed map amendment changes the types of residential uses within the
25 affected land area from mobile homes and detached dwelling units in the URM
26 district to attached (multifamily) and detached residential dwelling units in the UR
27 district.
28 Under the current zoning (URM) all the mobile homes can be converted and replaced
29 as-of-right with detached dwelling units. Under the proposed zoning (OR) the mobile
30 homes could be replaced with attached (multifamily) residential dwelling units with
31 minor conditional use approval.
32
33 D. Compatibility with Neighboring Land Uses and Effects on Community
34 Character:
35
36 MCC S 9.5-511 maintains that amendments may not be approved which will result
37 in adverse community change of the planning area in which the proposed
38 development is proposed.
39
40 Little Torch Key is in Planning Area 16 (Volume 1, Chapter 2, 1986 Florida Keys
41 Comprehensive Plan). In 1986 the composite community character of Planning
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 7 of 11
I Area 16 was in transition from Sparsely Settled to Sub-Urban, where the land use
2 patterns were changing from low density to medium density residential uses and
3 community-wide scale commercial uses. However, the 1997 Monroe County Year
4 2010 Comprehensive Plan's Future Land Use Map designated the area of the
5 proposed zoning change as high density residential uses, characteristic of a
6 community in urban transition.
7
8 Staff does not anticipate adverse community change to the planning area resulting
9 from attached dwelling units (e.g., design, social aspects or encounters, or the
10 natural environment that would adversely affect water quality, commercial fishing,
11 or the Key' ability to sustain its economy, for example).
12
13 (1) Density and Intensity:
14
15 Pursuant to Policy 101.4.21, the comprehensive plan allocates a density of 1 - 16
16 dwelling units per acre to the RH land use category. Pursuant to MCC S 9.5-262, the
17 UR District allows 6 dwelling units per acre. The proposed map amendment would
18 be consistent with Monroe County Year 2010 Comprehensive Plan.
19
20
Sec. 9.5-262. Maximum residential densily and district open space. *
Allocated Maximum net
density density Open
DU/acre DU /buildable space
Land use district area ratio*
Urban Residential Mobile Home (URM) l/lot 0 0.2
Mobile Home Parks per 9.5-4(M-16) 5.0 7.0 0.2
UR 6.0 12 0.2
UR (Affordable housing) 6.0 25 0.2
DR (Employee housing) 6.0 25 0.2
Sec. 9.5-267. Maximum hotel-motel, recreational vehicle and institutional
residential densities.
21
22
23
24
Allocated Maximum net
density density Open
DU/acre DU /Buildable space
Land use district area ratio*
Urban Residential Mobile Home:
Rec. Rental 5.0 7.0 0.2
Urban Residential Mobile Home-Limited:
Inst. Res. 10.0 20.0 0.2
(a) Existing dwelling units:
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 8 of 11
1 In spite of the density limits established in sections 9.5-262 above, the owner of
2 land upon which a lawfully established dwelling unit or a mobile home, but not
3 including transient residential units exists shall be entitled to one (1) dwelling unit
4 for each such unit in existence. Such legally-established dwelling unit shall not be
5 considered as a non-conforming use (MCC Sec. 9.5-268). In a Letter of
6 Understanding from the Planning Department dated October 28, 2003 the forty
7 five (45) mobile homes on the site are lawfully established and can be replaced
8 exempt from ROGO.
9
10 (2) Local Traffic and Parking:
11
12 The site is served by a paved road. The density allocated to this area of land by
13 the comprehensive plan is not being increased. Attached residential uses
14 provided by the UR district will require only 1.5 spaces per unit, whereas
15 detached dwellings provided by the URM district require 2 spaces per unit. The
16 zoning change to UR could result in a reduction in cars and traffic in this zoning
17 district.
18
19 (3) Effects on Natural Resources:
20
21 There will be no adverse affects on natural resources as this district is scarified
22 and disturbed, according the Existing Conditions Map.
23
24 (4) Effects on Public Facilities:
25
26 Momoe County shall implement measures to direct future growth away from
27 environmentally sensitive land and towards established development areas
28 served by existing public facilities. The proposed Land Use District Map
29 amendment will not affect Objective 101.11 and will encourage development to
30 remain on disturbed lands rather than encroaching on environmentally sensitive
31 areas.
32
33 Since the density allocated to this land area by the comprehensive plan is not
34 increased as a result of the zoning change, there will be no impacts to public
35 facilities and services originally allocated to this area by the comprehensive plan.
36
37 (5) Effects on Redevelopment/lnfill Potential:
38
39 The subject property is developed. Most of the surrounding properties have
40 been developed, mainly by residential, commercial, institutional, and tourist
41 housing development.
42
43
44
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 9 of 11
1 II. FINDING OF FACTS AND CONCLUSIONS OF LAW
2
3 (1) MCC S 9.5-511 (d)(5)(b) allows the Board of County Commissioners to consider
4 adopting an ordinance to enact map changes under six conditions: changed
5 projections; changed assumptions; data errors; new issues; recognition of a
6 need for additional detail or comprehensiveness; and data updates.
7
8 (2) In accordance with Section 9.5-511 (d) (5) (b), the proposal has met the
9 following conditions:
10
11 (i) Changed Projections: There is no change in public service area boundaries
12 in planning area 16.
13
14 (ii) Changed Assumptions: The have been no changes in demographic trends
15 in planning area 16.
16
17 (iii) Data Errors: The are no data errors.
18
19 (iv) New Issues: The petitioner provides the following justification for the
20 zoning change.
21
22 The recent adoption of an inclusionary housing requirement for
23 affordable housing creates a geometric constraint on site design because
24 of the requirement to replace 30% of existing dwelling units with
25 affordable housing, and preserve 20% as open space, provide for an
26 aesthetically appealing landscape buffer plan, provide safe traffic
27 circulation through the site, provide a storm water management plan,
28 and provide for fire hydrants and adequate spacing between dwelling
29 units for better fire protection.
30
31 A clustered housing site design is a more viable development alternative
32 which could be achieved with a change in zoning that permits attached
33 (multi-family) residential uses.
34
35 Pursuant to the County's adopted methodology for analyzing community
36 change, the zoning change will not result adverse community change of
37 the planning area from multi-family (attached) dwelling units.
38
39 (3) The proposed map amendment is consistent with the comprehensive
40 plan.
41
42 The map amendment is consistent with Policy 101.4.21 of the Future Land Use
43 Element of the Comprehensive Plan in that UR is a corresponding zoning
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 10 of 11
1
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
district that implements the purpose of the RH future land use category as
stated in Policy 101.4.4.
(4) The proposed map amendment is in the interest of public welfare.
The map amendment is consistent with Policies 101.4.4 and 101.4.21 of Future
Land Use Element of the Monroe County Comprehensive Plan, found to be in
the interest of public health, safety, and welfare and adopted by the governing
body of Monroe County. Furthermore, the zoning change, which would permit
attached residential land uses, is supported by rationale provided in the Housing
Element of the Comprehensive Plan's Technical Document data, analysis, and
recommendations, encouraging the private sector to construct for-sale multi-
family housing (Monroe County Year 2010 Technical Document, Section 7.2.4
Housing Element, The Private Sector and Housing Needs, New Construction of
For-Sale Multi-Family Condominiums, page 7-32). The map amendment will
not create a land use district that is incompatible with surrounding land uses, as
indicated on the Future Land Use Map of the County's Comprehensive Plan,
which categorizes the subject area for high density residential use (RR), and
implemented by the DR zoning district.
(5) Land owners within the area affected by the proposed map amendment will
derive beneficial use of land.
The zoning change will not result in a diminution of beneficial uses of land. All
land owners within the DR district will have equal protection afforded by
Policies 101.4.4 andlO1.4.21 of the comprehensive plan and Section 9.5-233 DR
District, MCC.
(6) Pursuant to the County's adopted methodology in Volume I of the Plan for
analyzing community change, changing the zoning from URM to UR at the
subject site to permit multi-family (attached) residential land use in Planning
Area 16 will not result in adverse community change of the Planning Area with
respect to unfavorable social, cultural, economic or environmental impacts.
III. RECOMMENDED ACTION
Approval.
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\20070620\Lucky's Landing\STAFF
REPORT BOCC LUCKYLANDING.doc
Reviewer:
Page 11 of 11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk Item: Yes
No-L
Department: Planning and Environmental Res.
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider a request by the Monroe County Planning Department to amend the Land
Use District Map from Improved Subdivision (IS) to Conservation District (CD) for property legally
described as Angel Fish Keys, PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range
41 East and Part Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef, Key Largo, Monroe County, Florida, having real estate number: 00091510.000000.
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment. The Development Review Committee held a
public hearing on this matter on May 23, 2006 and recommended approval of the amendment. The
Planning Commission held a public hearing on this matter on June 28, 2006 and recommended
approval of the amendment.
PREVIOUS RELEVANT BOCC ACTION: May 21, 2007, the BOCC approved a FLUM
amendment to designate the subject property as Conservation (C).
CONTRACT/AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty X
OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included X
Not Required __
DISPOSITION:
AGENDA ITEM #
~..... .-.-{' -.- ....
.' ..~ .
, .
/.~~ '" ~, ", :, "';
'.',...a. ..... ,.J
.:, 4 EL,,:,,"'j
\~-~~?
~...:.;y
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE LAND USE DESIGNATION MAP FROM IMPROVED
SUBDIVISION (IS) TO CONSERVATION DISTRlCT (CD) FOR
PROPERTY DESCRIBED AS ANGEL FISH KEYS, PB4-83, PART
GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 59 SOUTH, RANGE
41 EAST AND PART GOVERNMENT LOTS 8, 9, AND 10, SECTION
5, TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN REEF, KEY
LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBER: 00091510.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on June 20, 2007 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Land Use Designation Map from
Improved Subdivision (IS) to Conservation District (CD) for property described as Angel
Fish Keys, PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 41
East and Part Government Lots 8, 9,'and 10, Section 5, Township 59 South, Range 41
East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate number:
00091510.000000; and
WHEREAS, the Monroe County Board of County Commissioners, during a
public hearing held on May 21, 2007 approved a request filed by the Monroe County
Planning Department to amend the Future Land Use Map to designate the subject
property as Conservation (C); and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on May 23, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
Ocean Reef Map 10 LV Ord
Page 1 of 4
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORe is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified for
commercial development need to have the appropriate FLUM to allow
commercial development.
(iii.)Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.) New issues
Staff realized these islands were not given a FLUM designation
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986 but incorrectly
included in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
Ocean Reef Map 10 LV Ord
Page 2 of4
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 Monroe County Land Use District (Zoning) Map shall be amended
as shown in on the attached map, hereby incorporated by reference and attached as
Exhibit 1.
Section 3. 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 4. 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 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ocean Reef Map 10 LV Ord
Page 3 of4
Ocean Reef FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of ,2007.
Mayor Mario DiGennaro
Mayor Pro Tem, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean Reef Map 10 LV Ord
Page 4 of 4
I Exhibit 1 to Ordinance#
-20071
The Monroe County Land Use District Map is amended
as indicated above.
RE 00091510-000000 - Change Future Land Use Map Designation from unassigned
to Conservation (C).
N
A
Proposed Land Use Designation Map Amendment: Aerial
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Conservation District (CD)
540
Feet
Prop erty De scriptio n: RE 000 9 1510,000000
Map Amendment:
Land Use District Map #: 51
~~
~
OR
p..N C \--\ OR
IZ2IIS to CD I
Proposed Land Use Designation Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Conservation District (CD)
840
Feet
Prop erty De scriptio n: RE 000 9 1510,000000
Map Amendment:
Land Use District Map #: 51
OS '\ ~ \ )
--- ------ ?\\ ..----"// \ ~ 0 S ~ (
---~ \~/ \ \ 1 ~
~ OS' \
---" ~ ~ ~ ~
"'\ ~ \ ~ ~ _ -----..-..5 ----... ----..... __ ---" \ '\""'-'''- ______ _____
~ ------ ~ ~...----- "'-.. -..--"
O L, ____ --- --- --......J
./ --- - --- -- - --- --- --- --- ---
~-------- ------------
/ / --~--
/
/
os
~R
I
NA
~
\IS
R
/""'"-,
1
~
\
/
/
/
/
/'
/
/
/'
/
/
/
/
/
/
/
/
/
/
/
I
!
/
/
/
/
/
/
/
)
/
/'//
)
IIZ2I's to CD I
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key La rgo
Mile Marker: Ocean Reef Club
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Conservation District (CD)
Prop erty De scriptio n: RE 000 9 1510,000000
Map Amendment:
~
I'i.I
875
Feet
Land Use District Map #: 51
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Future Land Use Map and Land Use Map Designation Amendments
MEETING DATE: June 20, 2007 (Land Use District Map Amendment Public Hearing)
May 21,2007 (Future Land Use Map Amendment Public Hearing)
RE NUMBER: 00091510.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: NONE
PROPOSED FUTURE LAND USE MAP DESIGNATION: Conservation (C)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Conservation District (CD)
PROPERTY OWNER: State of Florida
AGENT: None
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 3,986,753.56 S.F. or 91.5 acres; 1.55 acres being changed
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef. These are small uninhabitable
mangrove islands northwest of Sunrise Cay. The property is legally described as Angel Fish
Keys, PB4-83, Part Government Lot I, Section 8, Township 59 South, Range 41 East and
Part Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef, Key Largo, Monroe County, Florida, having real estate number: 00091510.000000.
Existing Use:
The property is only used for conservation and open space purposes.
Existing Hahitat:
The property is undisturbed native mangroves.
Land Use and Hahitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as native vegetation.
Neighhoring Land Uses and Character:
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
The property to the northwest is a native conservation area with a land USe designation of
Native Area (NA). To the southwest are single family residences in Improved Subdivision
(IS) land use designation.
ZONING AND LAND USE HISTORY
Pre - 1986 Zoning:
The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land
use designations (Ordinance 33-1986 dated February 28, 1986), the subject property was
inadvertently included in the Improved Subdivision (IS) designation which covers the
nearby single family homes. These small islands were not given a FLUM.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly
formulated Comprehensive Plan and to apply Future Land Use Map (FLUM) designations
that were consistent with the land use district designations. This property was not given a
FLUM and was incorrectly included in the IS land use designation polygon.
Map changes or boundary considerations since 1986:
These parcels lack a FLUM designation and are incorrectly identified with an IS land use
designation. These native mangrove islands are a miniscule part of a larger native wildlife
preserve owned by Florida.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
None
(ii.) Changed assumptions:
None
(iii.) Data errors:
Staff believes that these islands were inadvertently included in the IS polygon intended
only for the nearby single family homes. The rest of this parcel- including these islands
- are owned by Florida and there is no reason staff can discern that these small islands
would have been given a different zoning or be used in a different way.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Reef that
had zone changes. Staff realized these small islands were not given a FLUM designation
and seeks to rectify this error.
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
(v.) Recognition of a need for additional detail or comprehensiveness:
It is in the County's best interest for all parcels to have a FLUM that is consistent with
the current land use, particularly when the land is native mangrove hammock that
should be protected.
(vi. ) Data updates:
None
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR's)
The islands currently do not have a FL UM designation. They were inadvertently included in
an IS polygon and staff seeks to rectify this data error.
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior
to the adoption of this chapter. For the purpose of this section, improved lots are those
which are served by a dedicated and accepted existing road of porous or nonporous material,
that have a Florida Keys Aqueduct Authority approved potable water supply, and that
have sufficient uplands to accommodate the proposed use in accordance with the required
setbacks. This district is not intended to be used for new land use districts of this
classification within the county.
2. Potential Land Uses with Proposed Map Amendment
Staff is requesting to correct the map error which currently designates the islands as IS to
designate them as Conservation District (C) and provide the corresponding FLUM of
Conservation (C).
Sec. 9.5-225. Purpose of the Conservation District (CD).
The purpose of the conservation district is to provide an area acquired for conservation
purposes or subject to deed restrictions limiting the use of the property for conservation purposes.
Policy 101.4.15
The principal purpose of the Conservation land use category is to provide for publicly owned
lands held primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this category shall be
allowed.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
Although on paper, correcting the error from IS to CD looks like a reduction is allowable
uses, realistically, it is not. These are small islands which are not usable for building or
permanent structures and need to be preserved as natural open space.
Use Compatibility
The property is currently being used for open space, and the correction of land use
designation and conferring of appropriate FLUM will have no effect on use compatibility.
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. These are lands that need to
be protected under this goal, and correcting the land use designation and providing a FL UM
of C will further this goal.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities. The proposed FLUM and Land Use District Map amendments will
not affect Objective 101.11.
Local Traffic, Parking, and Traffic Circulation
Staff has no evidence that there will be any local traffic, parking or traffic circulation issues
created.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iii) Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD polygon
in which they belong. They also did not receive a FL UM designation.
(iv.) New issues
Staff realized these islands were not given a FLUM designation
(v.) Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and allow
for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
4.. The subject property was assigned zoning of Native Area (NA) in 1986 but incorrectly
included in an Improved Subdivision (IS) polygon in 1996.
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which
took effect on January 4, 1996, neglected to provide a FLUM designation for these small
native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storm water and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners to correct the Land Use Designation from Improved
Subdivision (IS) to Conservation District (CD) and provide Future Land Use Map
designation of Conservation(C) for RE# 00091510.000000
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
1
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
41
42
43
44
45
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
STAFF REPORT
fJ.^f~
S-~ !iJ~~,
h ~'I df1~~
~~.L i: 1,1fJJ
~'-..",-' -', I~j*
~~~
TO:
Planning Commission
THRU:
Aref Joulani, Director of Planning & Environmental Resources
FROM:
Richard Jones, Senior Marine Planner
DATE:
May 24, 2007
RE:
AMENDMENTS TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS TO REVISE SECTIONS
REGARDING RECREATIONAL AND COMMERCIAL
WORKING WATERFRONTS
MEETING DATE: June 27,2007
Petitioner:
The amendment is sponsored by the Monroe County Department of
Marine Resources.
I. PROPOSED REVISIONS:
The proposed changes to the Monroe County Land Development Regulations (LDR) are
part of the implementation of a two-phase study of the state of the County's recreational
and commercial working waterfronts and the development of strategies to help
strengthen and preserve this critical sector of the County's economy and character. The
County is experiencing the loss of recreational and commercial working waterfront and
the loss of public access to the water due to the redevelopment of marine facilities,
including, but not limited to marinas, boat yards, wet and dry storage, fish houses and
commercial fishing vessel dockage. These LDR amendments support and implement
concurrently proposed changes to sections of the Monroe County Comprehensive Plan,
specifically the Future Land Use, Conservation and Coastal Management Elements, to
help preserve and strengthen the County's recreational and commercial working
waterfronts.
Page I of 5
1
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
41
42
43
44
A. Characteristics of the proposed amendment:
The amendment defines terms related to the working waterfront and sets standards for
preservation, including regulatory incentives and bonuses, and allows for flexibility in
the reestablishment of nonconforming uses and the reconstruction of nonconforming
structures.
II. BACKGROUND:
On July 20,2005 the Board of County Commissioners adopted Ordinance No. 017-2005
deferring the acceptance of development applications for the redevelopment and
conversion of marine facilities until land development regulations which protect the
working waterfront are drafted.
Ordinance No. 17-2005 directed staff to enter into an interlocal agreement with the
South Florida Regional Planning Council to prepare a Marine Management Strategic
Plan.
The Board of County Commissioners adopted the Marine Management Strategic Plan
on March 15, 2006.
On September 30, 2006, the Board of County Commissioners directed staff to enter into
an interlocal agreement with the South Florida Regional Planning Council to develop
implementation strategies for the Marine Management Strategic Plan including a
Working Waterfronts Preservation Master Plan, Marina Siting Plan, Comprehensive
Plan Amendments and supporting Land Development Regulations, and a database of
marine-related facilities.
On April 3, 2007 the Board of County Commission held a workshop to discuss
amendments to the Land Development Regulations designed to preserve working
waterfronts. The Board requested staff to move forward with the amendments.
On May 21, 2007 the Board of County Commissioners adopted Volume II of the Stock
Island/Key Haven Livable CommuniKeys Master Plan which recommends preservation
of the working waterfronts and public access.
III. SUPPORT DATA:
A. Proposed Changes to Chapter 9.5, Article 1, Section 9.5-4, Definitions.
New or amended definitions are proposed for boatyard, commercial fishing,
recreational and commercial working waterfronts, and water dependent and
water related uses. These definitions provide clarification on terms used in
policies throughout the Monroe County Comprehensive Plan and Land
Development Regulations that protect uses pertinent to the County's
Page 2 of5
1
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
41
42
43
44
45
character and economy, such as public access to navigable waters, marinas,
and commercial fishing.
B. Proposed Changes to Section 9.5-250 Maritime Industries District (MI).
Changes to this district have been made to meet the goal of preserving
maritime industries along the waterfront. As of right uses will include
employee housing, and small hotels will be allowed as a major conditional
use in this land use district. A Marina Siting Plan will be adopted by
reference through the Monroe County Comprehensive Plan. Marinas may be
built or redeveloped as a major conditional use if all criteria set forth in the
Marina Siting Plan has been met.
C. Proposed Changes to Section 9.5, Article 7, Division 3, including new
Section 9.5-272, Recreational and Commercial Working Waterfronts
This new section of the Land Development Regulations is consistent with
Goal 219, Community Character and Preservation of Working Waterfront, of
the Monroe County Comprehensive Plan. The new regulations set forth the
amount of allowable redevelopment of water-dependent uses within
unincorporated Monroe County. The regulations also provide incentives,
methods of alternative compliance, and exemptions providing flexibility to
property owners.
D. Proposed Changes to Chapter 9.5, Article 5, Section 9.5-143,
Nonconforming Uses.
New language clarifies that within commercial fishing land use districts,
CFA, CFV, and CFSD, non-conforming uses may be re-established, which
allows flexibility within these land use districts.
E. Proposed Changes to Chapter 9.5, Article 5, Section 9.5-144,
Nonconforming Structures
New language allows for flexibility in the rebuilding of nonconforming
structures in land use districts primarily devoted to water dependent uses.
This policy is consistent with the goal of protecting Monroe County's
working waterfront and commercial fishing industry, which are valuable to
the County's character and economy.
IV. ANAL YSIS:
A. Consistency with the Land Development Regulations.
County requirements for amendments to the land development regulations:
Page 3 of 5
1 Pursuant to Section 9.5-51 1 (d)(5)b of the Monroe County Code, the Board of
2 County Commissioners may consider the adoption of an ordinance enacting
3 proposed changes to the text or maps based on one (1) or more of the following
4 factors, for which the following justification is provided:
5
6 (i) Changed projections (e.g., regarding public service needs) from those on
7 which the text or boundary was based;
8
9 None.
10
11 (ii) Changed assumptions (e.g., regarding demographic trends);
12
13 None.
14
15 (iii) Data errors, including errors in mapping, vegetative types and natural
16 features described in volume I of the plan;
17
18 None.
19
20 (iv) New issues;
21
22 The 2005 Waterway and Waterfront Act requires every coastal county to amend
23 their comprehensive plans and land development regulations to include
24 regulatory incentives and criteria that encourage the preservation of recreational
25 and commercial working waterfronts. In addition, the citizens of Monroe
26 County and the Board of County Commissioners have requested the
27 implementation of measures to prevent conversion of working waterfronts and
28 the loss of public water access.
29
30 (v) Recognition of a need for additional detail or comprehensiveness; or
31
32 None.
33
34 (vi) Data updates;
35
36 None.
37
38 B. Consistency with the Comprehensive Plan.
39
40 The proposed amendments to the LDR further the following policy direction provided
41 within the Comprehensive Plan:
42
43 1. Goal 212 of the Comprehensive Plan directs the County to prioritize
44 shoreline land uses and establish criteria for shoreline development in
45 order to preserve and enhance coastal resources and to ensure the
46 continued economic viability of the County.
Page 4 of 5
1
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
2. Goal 213 of the Comprehensive Plan directs the County to ensure
adequate public access to the beach or shoreline.
3. Objective 502.1 of the Comprehensive Plan directs the County to
promote the preservation and enhancement of the existing ports and port
related activities.
C. Public Welfare Issues.
Monroe County's recreational and commercial working waterfronts provide practical,
logistical, and economic benefit to the public and to the County's economy and
character. These amendments promote public welfare by meeting the goal of preserving
community character and working waterfronts while providing property owners with
flexibility in the intensity and types of uses allowed.
D. Benefits to Property Owners.
The amendments will enable affected property owners to preserve the uses associated
with the recreational and commercial working waterfront by making it possible to
develop additional income producing uses and/or increase the intensity of use to
maintain economic viability.
v. CONCLUSIONS:
1. The proposed amendment is consistent with the criteria in Section 9.5-511 of
the Monroe County Code for justifying decisions to amend the land use
district text.
2. The proposed amendment is consistent with the comprehensive plan.
3. The proposed amendment is in the interest of public welfare.
VI. RECOMMENDATION of the Development Review Committee:
Staff recommends approval
Page 5 of5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider a request by the Monroe County Planning Department to amend the Land
Use District Map from Native Area (NA) to Conservation District (CD) for property legally described
as Government Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7,
Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real
estate number: 00081696.000000.
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment. The Development Review Committee held a
public hearing on this matter on May 23, 2006 and recommended approval of the amendment. The
Planning Commission held a public hearing on this matter on June 28, 2006 and recommended
approval of the amendment. At its May 21, 2007 special public hearing the BOCC approved a FLUM
amendment to designate the subject property as Conservation (C).
PREVIOUS RELEVANT BOCC ACTION: May 21, 2007, the BOCC approved a FLUM
amendment to designate the subject property as Conservation (C).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty X
OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included X
Not Required__
DISPOSITION:
AGENDA ITEM #
;.~~ .,','
'\s ~;'"~~:/
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE LAND USE DESIGNATION MAP FROM NATIVE
AREA (NA) TO CONSERVATION DISTRICT (CD) FOR PROPERTY
DESCRIBED AS PART OF GOVERNMENT LOT 2, AND LAND AT
LANDINGS & MOORINGS OF FISHERMAN'S COVE CONDO,
SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN
REEF, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER: 00081696.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August 16, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the land use designation from Native
Area (NA) to Conservation District (CD) for property described as Part of Government
Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7,
Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00081696.000000; and
WHEREAS, the Board of County Commissioners held a public hearing on May
21, 2007 and approved a companion amendment to the Future Land Use Map (FLUM)
for the subject property from unassigned to Conservation (C); and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on May 23, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
Ocean Reef Map 9 LV Ordinance
Page 1 of 4
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORe is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified for
commercial development need to have the appropriate FLUM to allow
commercial development.
(iii.)Data Errors:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation. Staff is
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
8. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed future land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Ocean Reef Map 9 LV Ordinance
Page 2 of 4
Section 1. The Board specifically adopts the findings of fact and conclusions of
law stated above.
Section 2. The Monroe County Land Use District (Zoning) Map shall be amended
as shown in on the attached map, hereby incorporated by reference and attached as
Exhibit 1.
Section 3. 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 4. 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 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ocean Reef Map 9 LU Ordinance
Page 3 of 4
Ocean Reef FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean Reef Map 9 LU Ordinance
Page 4 of 4
I Exhibit 1 to Ordinance#
-20071
The Monroe County Land Use District Map is amended
as indicated above.
RE 00081696-000000 - Change Future Land Use Map Designation from unassigned
to Conservation (C).
N
A
Proposed Land Use Designation Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
PR
NA
UR
NA
NA to CD
/
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key La rgo
Mile Marker: Ocean Reef Club
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
Property Description: RE 00081696.000000
Map Amendment:
~
I'i.I
510
Feet
Land Use Di stri d Map #: 55
~
~~
CJV
~
~
<0
(
\)
'0-0<(--
~G
~
IZ2I NA to CD I
Proposed Land Use Designation Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Land Use Designation Change and Future land Use Map Amendment
MEETING DATE: August 16,2006
RE NUMBER: 00081696.000000
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
None
Conservation (C)
Native Area (NA)
Conservation District (CD)
Landings of Fisherman's Cove
None
Key:
Key Largo
Mile Marker: Ocean Reef
Size of Parcel: 29,766.57 S.F. or 0.63 acres
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef. The property is legally described as
part of Government Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo,
Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County,
Florida, having real estate number: 00081696.000000.
Existing Use:
There is no existing use. This is a mangrove hammock island with no habitation or
development.
Existing Habitat:
The property is undisturbed native mangrove hammock.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as native vegetation.
Neighboring Land Uses and Character:
The surrounding properties are a variety of uses. Some of the parcels which line the pond are
used for recreation. Others are used for high density condominium style housing.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land
use designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Native Area (NA) but was not given a FLUM designation.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly
formulated Comprehensive Plan and to apply Future Land Use Map (FLUM) designations
that were consistent with the land use district designations. The property was inadvertently
not given a FL UM designation.
Map changes or boundary considerations since 1986:
The land use designation for this parcel is Native Area (NA). There was no FLUM
designated and the consistent designation would be Residential Conservation (RC).
However, since this is a mangrove island, the county biologist and planning staff have
determined that a land use designation of Conservation District (CD) with a FLUM of
Conservation (C) is more appropriate for this island.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
None
(ii.) Changed assumptions:
None
(iii.) Data errors:
Parcel was not provided a FLUM designation.
(iv.) New issues:
Staff became aware that the FL UM was not changed for several areas in Ocean Reef that
had land use designation changes. Upon review of the area, staff also discovered a few
small islands had not been given a FLUM designation. County staff determined this
island would be best served with a land use designation of Conservation District (CD)
with a FLUM of Conservation (C).
(v.) Recognition of a need for additional detail or comprehensiveness:
It is in the best interest of the County to provide FL UM designations for all parcels.
(vi. )
None
Data updates:
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
IMP ACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR's)
The property does not have a FLUM designation. The Land Use Designation provided is
NA.
Sec. 9.5-210. Purpose of the Native Area District (NA).
The purpose ofthe NA district is to establish areas that are undisturbed with the exception
of existing solid waste facilities, and because of their sensitive environmental character
should be preserved in their natural state.
2. Potential Land Uses with Proposed Map Amendment
Staff is requesting a land use designation of CD and a future land use map amendment to
provide a FL UM of C.
Sec. 9.5-225. Purpose of the Conservation District (CD).
The purpose of the conservation district is to provide an area acquired for conservation
purposes or subject to deed restrictions limiting the use of the property for conservation
purposes.
Policy 101.4.15
The principal purpose of the Conservation land use category is to provide for publicly owned
lands held primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this category shall be
allowed.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Adding this FLUM designation does not have any effect on the compatibility with adjacent
land uses or change what uses this parcel can support.
Use Compatibility
The property is currently being used for open space, and the correction of land use
designation and conferring of appropriate FL UM will have no effect on use compatibility.
Effects on Natural Resources Goal 102
Goal 1 02 of the Year 201 0 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. These are lands that need to
be protected under this goal, and correcting the land use designation and providing a FL UM
of C will further this goal.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities. The proposed FLUM amendment will not affect Objective 101.11.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
Local Traffic, Parking, and Traffic Circulation
Staff has no evidence that there will be any local traffic, parking or traffic circulation issues
created.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iii.) Data Errors:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FL UM designation and have determined
that a land use designation of Conservation District (CD) and with a FLUM of
Conservation (C) suits this island.
(v.) Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and allow
for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which
took effect on January 4, 1996, neglected to provide a FL UM designation for this small
native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
8. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storm water and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed future land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners to provide a Land Use Designation of Conservation
District (CD) and a Future Land Use Map designation of Conservation(C) for RE#
00081696.000000
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider a request by the Monroe County Planning Department to amend the Land
Use District Map from Improved Subdivision (IS) to Parks & Refuge (PR) for property legally
described as Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005201.
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment. The Development Review Committee held a
public hearing on this matter on April 11, 2006 and recommended approval of the amendment. The
Planning Commission held a public hearing on this matter on June 28, 2006 and recommended
approval of the amendment. At the May 21, 2007 BOCC meeting, the Board approved a companion
FLUM amendment from Residential Medium (RM) to Recreation (R) for the subject parcel.
PREVIOUS RELEVANT BOCC ACTION: May 21,2007, BOCC approved a FLUM amendment
from Residential Medium (RM) to Recreation (R) for the subject parcel.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty X
OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included X
Not Required __
DISPOSITION:
AGENDA ITEM #
'~-'"..\ .
. .
, ,
~_ -. _.__......& II! ,";
.. ,. _u t:::: .. ,.
'<_=,_~-:>i
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE LAND USE
MAP DESIGNATION MAP FROM (IMPROVED SUBDIVISION) IS
TO (PARK AND REFUGE) PR FOR PROPERTY DESCRIBED AS
PART OF TRACTS A, F, & H, SUNRISE CAY III OCEAN REEF PLAT
NO. 15, OCEAN REEF, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER: 00569443.005201
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on June 20, 2007 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Land Use Map Designation Map
from Improved Subdivision (IS) to Park and Refuge (PR) for property described as Part
of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005201; and
WHEREAS, the Board of County Commissioners held a public hearing on May
2l, 2007 and approved a companion amendment to the Future Land Use Map (FLUM)
for the subject property from Residential Medium (RM) to Recreation (R); and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on April 11, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
Ocean Reef Map 8 LU Amendment
Page 1 of 4
ORC is a gated, private community committed to meeting the commercial,
personal and communication needs of its residents on site.
(iii.) Data errors
Staff believes that the R designation was meant for parcel 00569443.005201, not
the six parcels it currently touches. Staff is seeking to remove this error and
designate the appropriate parcel as PR and R.
(iv.)New issues
Staff recognized inconsistencies between the current land use designation, IS, and
the FLUM designation of R. Further research showed that the R designation was
improperly placed and staff seeks to clear this inconsistency and provide proper
land use and FLUM designations.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and
FLUM designation. Staff also wants current use to be consistent with land use
designation and FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use categories of Recreation (R) and/or Residential Medium
(RM) for the IS parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM was not given the appropriate Parks &
Refuge (PR) zoning.
8. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii),(iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use and future land use
map designations are appropriate for these properties and will allow the owners to
make full use of the subject properties.
Ocean Reef Map 8 LU Amendment
Page 2 of 4
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 Monroe County Land Use District (Zoning) Map shall be amended
as shown in on the attached map, hereby incorporated by reference and attached as
Exhibit 1.
Section 3. 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 4. 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 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ocean Reef Map 8 LU Amendment
Page 3 of 4
Ocean Reef Map LUD Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
UONAOeCOUNT~
~s .ORM -
01'-: ~-..... '1...,.,/1.;,...,
Ocean Reef Map 8 LU Amendment
Page 4 of 4
I Exhibit 1 to Ordinance#
-20071
The Monroe County Land Use District Map is amended
as indicated above.
RE 00569443-005201 - Change Land Use Map Designation from
Improved Subdivision (IS) to Parks & Refuge (PR).
N
A
~ -00- --~--
--- -- -- --- --- ---
~ ---------
-- --
~ ---------
---------
---------
'\
\
~R
/
NA
OR
( 1\1'1 CI-lOR
t
!
\
\
U'R
J
. (
IS \
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
ISto PR I
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key La rgo
Mile Marker: Ocean Reef Club
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Parks and Refuge (PR)
Property Description: RE 00569443.005201
Map Amendment:
~
I'i.I
840
Feet
Land Use District Map #: 51 & 52
Proposed Land Use Designation Amendment: Aerial
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Parks and Refuge (PR)
380
Feet
Property Description: RE 00569443.005201
Map Amendment:
Land Use District Map #: 51 & 52
~
OR
P\NC\-,\OR
ISto PR I
Proposed Land Use Designation Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Improved Subdivision (IS) to Parks and Refuge (PR)
840
Feet
Property Description: RE 00569443.005201
Map Amendment:
Land Use District Map #: 51 & 52
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27, 2006
Re: Request for Future Land Use Map and Land Use District Map Amendments
MEETING DATE: May 21,2007
RE NUMBER: 00569443.005201
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Key: Key Largo
Size of Parcel: 97,203.8 S.F. or 2.23 acres
RE NUMBER: 00569443.005200
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Residential Medium (RM)
Recreation (R)
Improved Subdivision (IS)
Parks and Refuge (PR)
Great American Insurance Co.
None.
Mile Marker: Ocean Reef
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Ocean Reef Volunteer Fire Dept.
None.
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 173,190.9 S.F. or 3.97 acres; 1.35 acres being changed
RE NUMBER: 00569446.000l00
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTYINFO~ATION
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Frank Dirco
None.
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 88, l61.l6 S.F. or 2.02 acres; 0.23 acres being changed
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
RE NUMBER: 00569446.000300
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTYINFO~TION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 66,023.66 S.F. or 1.5 2 acres; 0.36 acres being changed
RE NUMBER: 00569446.000400
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 54,Ol2.71 S.F. or 1.24 acres; 0.092 acres being changed
RE NUMBER: 00569446.001800
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTYINFO~TION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 35,848.6l S.F. or 0.82 acres; 0.13 acres being changed
RE NUMBER: 00569446.001900
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 35,416.84 S.F. or 1.27 acres; 0.5 acres being changed
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
J. Ronald Terwilliger
None.
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Circle P Investments of Florida LLC
None.
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Samuel & Grace Heffner
None.
Recreation (R)
Residential Medium (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Samuel & Grace Heffuer
None.
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
Location Detail with Brief & Legal Descriptions:
The properties are located on Key Largo in Ocean Reef. These properties are in Sunrise Cay, in
the northeast portion of Ocean Reef.
A portion of the properties are proposed to change from Improved Subdivision (IS) to Parks and
Refuge (PR) and Future Land Use Map (FLUM) change from Residential Medium (RM) to
Recreation (R) is legally described as Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat
No. l5, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00569443.005201.
The remaining properties with a proposed FLUM change from R to RM are legally described as
BLK 1 Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. l5, Ocean Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005200, 00569446.000100,
00569446.000300,00569446.000400,00569446.001800, and 00569446.001900.
Existing Use:
Parcel 00569443.005201 is currently being used as a parking lot for the adjacent boat docks.
Parcels 00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900 are owned privately and used for individual residences.
Parcel 00569443.005200 is a large landscaped median.
Existing Habitat:
Parcel 00569443.005201 is cleared with a few trees and a bufferyard. This site includes a
fringing mangrove and open water.
Parcels 00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900 are owned privately and used for individual residences. The habitat is cleared
with some native and exotic landscaping.
Parcel 00569443.005200 is a large vegetated_median with_hammock and some exotics.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as740 disturbed, 740.1.5 disturbed
with hammock and exotics, and 512 fringing mangrove in panel #340.
Neighboring Land Uses and Character:
The surrounding properties are either native conservation areas or single family residences.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned GU prior to 1986. This designation was for a general use district
with the purpose of establishing an interim land classification pending action to rezone the
property for another use.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject properties was
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
designated as IS with a FLUM of RM except for an area that crosses all parcels known with RE
# 00569443.005201 with a Recreation (R) designation.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly formulated
Comprehensive Plan and to apply FLUM designations that were consistent with the land use
district designations. The property was given a FLUM designation of RM which was consistent
with original IS land use district designation. The R FLUM remained.
Map changes or boundary considerations since 1986:
Staff is seeking this change to make the zoning consistent with the FLUM designation as well as
current and projected use.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
None
(ii.) Changed assumptions:
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto
municipality providing its own sewer, garbage, police, fire protection and medical
services. ORC is isolated, 12 miles from Key Largo and 30 minutes from Florida City
and Homestead.
The original change in zoning was granted in part based on much of the vacant land along
CR-905 being turned into a wildlife refuge. Staff believed that the environmentally
sensitive nature of the lands could be protected by reducing the number of trips on CR-
905. One way to reduce the number of trips is to provide for more services on site. The
only way to provide more services on site is to create more areas which will allow for
commercial development.
ORC provides amenities to its residents in the form of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
(Hi.) Data errors:
Staff believes that the R designation has always been intended for Parcel
00569443.005201 as this lot serves as a parking lot for the attached docks and marina
facilities. Staff believes the intention was never that lots owned by individuals used for
individual residences would have a FLUM designation ofR.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Reef that
had zone changes. In doing research to remove inconsistencies, Staff noticed the R
parcel that crosses into individually owned lots and seeks to change the zoning and
FLUM designations to current and projected use.
(v.)Recognition of a need for additional detail or comprehensiveness:
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
Staff believes it is in the best interest for Monroe County and Ocean Reef to have an
accurate land use map and FLUM map to allow all parcels to be used and developed to
their fullest, most appropriate potential.
(vi.)Data updates:
None
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development ref!ulations (LDR's)
00569443.005201 will go from IS to PR while all other RE #'s will remain as IS.
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior to
the adoption of this chapter. For the purpose of this section, improved lots are those which are
served by a dedicated and accepted existing road of porous or nonporous material, that have a
Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district
is not intended to be used for new land use districts of this classification within the county.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of
this plan and to define improved subdivisions as those lots served by a dedicated and accepted
existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or parcel which
existed at the time of plan adoption. However, Monroe County shall adopt Land Development
Regulations which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided that the uses are
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDR's allowed, whichever is more restricted. Lands within this
land use category shall not be further subdivided.
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and private
activity-based and resource-based recreational facilities.
2. Potential Land Uses with Proposed Map Amendment
00569443.00520l will go from RM to R while the remaining properties will be changed from R to
RM.
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior to
the adoption of this chapter. For the purpose of this section, improved lots are those which are
served by a dedicated and accepted existing road of porous or nonporous material, that have a
Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district
is not intended to be used for new land use districts of this classification within the county.
Sec. 9.5-224. Purpose of the Park and Refuge District (PR).
The purpose of the PR district is to establish and protect areas as parks, recreational areas and
wildlife refuges.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of
this plan and to define improved subdivisions as those lots served by a dedicated and accepted
existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or parcel which
existed at the time of plan adoption. However, Monroe County shall adopt Land Development
Regulations which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided that the uses are
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDR's allowed, whichever is more restricted. Lands within this
land use category shall not be further subdivided.
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and private
activity-based and resource-based recreational facilities.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the land use designation and FLUM is not going to have any practical effect on land
uses or community character. These changes are simply recognizing current use and if anything,
protect the value ofthe land by ensuring current use will be able to continue.
Use Compatibility
Parcel 00569443.005201 is being used as a parking lot with docks. A land use designation ofPR
with a FLUM ofR will permit these uses.
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
Parcels 00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900 are being used by individuals for single family homes. A land designation of
IS with a FLUM of RM is consistent with this use.
Parcel 00569443.005200 is disturbed with hammock. Currently, ORC has no use planned, but
expressed a desire for this median to have IS zoning with a FLUM of RM. Staff agrees this
designation is appropriate for this parcel in this setting. ORC understands that setbacks for three
front yards and compliance with all LDRs would have to be met before this parcel could be
developed.
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. Future development would be
required to comply with all Monroe County Code, State and Federal environmental regulations.
These Land Use Designation changes and FLUM changes will not have an adverse effect on this
goal.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities.
The proposed FLUM and Land Use District Map amendments will not affect Objective lOLl 1
and will encourage commercial development to remain on disturbed lands rather than
encroaching on environmentally sensitive areas.
Local Traffic, Parking, and Traffic Circulation
The subject property is located in Ocean Reef, a gated community with limited access to non-
members. Much of the travel within Ocean Reef is conducted using golf carts and staff has no
evidence that there will be any local traffic, parking or traffic circulation issues created.
Effects on Public Facilities
ORC provides many of its own services in terms and anticipates no problem continuing to meet
the community needs if this amendment is approved and enacted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial, personal and
communication needs of its residents on site.
(Hi.) Data errors
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
Staff believes that the R designation was meant for parcel 00569443.005201, not the six
parcels it currently touches. Staff is seeking to remove this error and designate the
appropriate parcel as PR and R.
(iv.) New issues
Staff recognized inconsistencies between the current land use designation, IS, and the
FLUM designation of R. Further research showed that the R designation was improperly
placed and staff seeks to clear this inconsistency and provide proper land use and FLUM
designations.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and FLUM
designation. Staff also wants current use to be consistent with land use designation and
FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which
took effect on January 4, 1996, followed the land use district boundary and designated a
future land use categories of Recreation (R) and/or Residential Medium (RM) for the IS
parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM - RE 00569443.005201- was not given the
appropriate Parks & Refuge (PR) zoning.
8. Section 9.5-511 prohibits any map amendments that would negatively impact community
character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (ii), (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use and future land use map
designations are appropriate for these properties and will allow the owners to make full use
of the subject properties.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Future Land Use Map amendment from
RM to R for RE #: 00569443.005201 and Future Land Use Map amendments from R to RM for
RE #'s: 00569443.005200, 00569446.000100, 00569446.000300, 00569446.000400,
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
00569446.001800, and 00569446.001900. Stall \vill bring fonvard the companion land use
district map amendment a1 a Key Largo BOCC meeting.
Ocean Reef Map 8 FLUM & LU Amendment
BOCC, August 16, 2006
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Res.
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider a request by the Monroe County Planning Department and the Ocean Reef Club to amend the
Land Use District Map from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of
Government Lot 4 and Part NE Y. of SW Y. Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe
County, Florida, Real Estate #00081710.000000 and Part NE Y. ofSW Y. Section 7, Township 59S, Range 4lE Island of
Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers 00081760.00000 and 00081740.000000.
ITEM BACKGROUND:
The proposal has been reviewed pursuant to MCC *9.5-511. The Development Review Committee held a public hearing on
these matters on April 11, 2006 and May 23, 2006 and recommended approval of the amendment. The Planning
Commission held a public hearing on this matter on June 28, 2006 and recommended approval of the amendment.
This is largely a housekeeping measure. In 1995, the BOCC approved a Land Use Designation change. At the time this
change was made, the corresponding FLUM change was not made. The Planning Department is changing the FLUM
designation in order to allow the parcels to be developed to their greatest potential. In addition, other portions of adjoining
parcels are being changed in order to allow the Ocean Reef Club to develop the land to its fullest potential.
PREVIOUS RELEVANT BOCC ACTION: In 1995, a Land Use Designation change was approved from Urban
Residential (UR) to Suburban Commercial (SC) for these parcels.
May 21, 2007-Approval of an amendment to the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use
Commercial (Me) for the subject properties.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty X
OMB/Purchasing _
Risk Management _
DOCUMENTATION:
Included X
Not Required __
DISPOSITION:
AGENDA ITEM #
..-
t,~~ o,L;
-\:C~ t=l_.;~/
...-.....-
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE LAND
USE DISTRICT MAP FROM URBAN RESIDENTIAL (UR) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS PART
OF GOVERNMENT LOT 4 AND PART NE 14 OF SW 14 SECTION 7
TOWNSHIP 59S, RANGE 41 E ISLAND OF KEY LARGO, PB4-83
MONROE COUNTY, FLORIDA, REAL ESTATE #00081710.000000 AND
PART NE 14 OF SW 14 SECTION 7, TOWNSHIP 59S, RANGE 41E ISLAND
OF KEY LARGO, PB4-83, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00081760.000000 AND 00081740.000000.
WHEREAS, the Monroe County Board of County Commissioners, during
a regular meeting held on June 20, 2007 conducted a review and consideration of
the request filed by Monroe County Planning Department to amend the Land Use
District Map Amendment from Urban Residential (UR) to Suburban Commercial
(SC) for property legally described as part of Government Lot 4 and Part NE 14 of
SW 14 Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe
County, Florida, Real Estate #000817l0.000000 and Part NE 14 ofSW 14 Section 7,
Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida,
having Real Estate Numbers: 00081760.000000 and 00081740.000000; and
WHEREAS, the Board of County Commissioners held a public hearing on
May 21, 2007 and approved a companion amendment to the Future Land Use Map
(FLUM) for the subject properties from Residential High (RH) to Mixed Use
Commercial (MC); and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on April 11, 2006 and May 23,2006 conducted a review and
consideration of these same requests and recommended approval to the Planning
Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
Ocean Reef LU Ordinance
Page 1 of 4
WHEREAS, the Board of County Commissioners makes the following
Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board
of County Commissioners to consider adopting an ordinance to enact map
changes under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial
and communication needs of its residents on site. As such, areas identified
for commercial development need to have the appropriate FLUM to allow
commercial development.
(iv.) New issues
Staff believes that the property should have a FLUM consistent with current
zoning and land use. The limited commercial areas in ORC need to be
available for development to the ORC community.
(v.)Recognition of a need for additional detail or comprehensiveness:
FLUM designations need to correspond with Land Use designations in order
to provide property owners an opportunity to fully develop their land. This
FLUM designation needs to be changed to correspond with the Land Use
Designation.
3. The subject property was zoned BU-2 prior to 1986.
4. The subject property was assigned zoning of Urban Residential (UR) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan, which took effect on January 4, 1996, followed the land use district
boundary and designated a future land use category of Residential High (RR)
for the UR parcel.
6. Pursuant to a 1995 development agreement with Ocean Reef, the zoning of this
parcel was changed from UR to Suburban Commercial (SC).
7. Surrounding properties are all SC, and changing this designation will allow the
parcels to develop to their greatest potential.
8. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve
the development at the adopted level of service standards concurrent with the
impacts of such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed
programs for stormwater and wastewater indicate that there are no significant
concerns.
WHEREAS, the Board of County Commissions makes the following
Conclusions of Law:
Ocean Reef LU Ordinance
Page 2 of 4
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character
of the properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property and will allow the owners to make full use of the
subject property.
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 Monroe County Land Use District (Zoning) Map shall be
amended as shown in on the attached map, hereby incorporated by reference and
attached as Exhibit 1.
Section 3. 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 4. 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 5. This ordinance does not affect prosecutions for ordinance
violations committed prior to 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 6. 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.
REMAINDER OF PAGE LEFf BLANK
Ocean Reef LU Ordinance
Page 3 of4
Ocean ReefLUD Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the _ day of ,2007.
Mayor Mario DiGennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
APPROVED AS TO RM ..
~
Ocean Reef LU Ordinance
Page 4 of 4
I Exhibit 1 to Ordinance#
-20071
Q~
~~
~~~
t1
BEACH RD
The Monroe County land Use District Map is amended
as indicated above.
N
Portion of RE 00081740-005000, RE 00081740-000000 and RE 00081710-000000 - i
Change Land Use Map Designation from Urban Residential (UR) to Suburban A
Commercial (SC)
1
\ I
I
\
I
\
~\ ~
/~~~) ~ {~~
r--f' / Jf ~/~
\ /U R / " '--.....
L ~/ (J...~ ,/^"'\ "'\ U D
~ (~). \ / Y'
_-...... J / ./ /
----- ~<{? '< \
P R ;if \" ~
-& \ /"/ \
(/ ~
lJ~c ~
/
/
/
/
)
/
/
IS
~
/
JJR
/
NA
IS
T-~
...........
-........
...........
--
---
SS
The Monroe County Land Use Map is proposed to be amended
as indi cated above and briefly described below:
Key: Key La rgo
Mile Marker: Ocean Reef Club
~
I'i.I
Proposal: Change Land Use District from Urban Residential (UR)
to Suburban Commercial (SC)
875
Property Description: RE 00081740.000000,00081710.000000,00081760.000000
Feet
Map Amendment:
Land Use District Map #: 56
Proposed Land Use District Map Amendment: Aerial Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Proposal: Change Land Use District from Urban Residential (UR)
to Suburban Commercial (SC)
250
Property Description: RE 00081740.000000,00081710.000000,00081760.000000
Feet
Map Amendment:
Q<<:-
00-
(;~
~
'00
~Q
':v~
~
Q<l:-
O<t-
u.:f
t
EXUMA RD
UR to SC I
Proposed Land Use District Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
N
Proposal: Change Land Use District from Urban Residential (UR)
to Suburban Commercial (SC)
875
Property Description: RE 00081740.000000,00081710.000000,00081760.000000
Feet
Map Amendment:
Alex Score, Biologist
,,--- .r~I'
-- ..,,-.. ',-1.8"-;.; , ....~'-'
'-~-I -
~..' . I? ,'~ .' - r '.~ I::i,
;; , -, L.:..:, ! 'I ,i,
-'\". ='_.:/1:,:
..~~,-~ ;::~~:)I
"~...~\;..~~~.~
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Date: July 27,2006
Re: Request for Future Land Use Map Amendment and Land Use Designation Change
MEETING DATE:
June 20,2007 (Land Use District Map Amendment)
RE NUMBER: 00081740.000000
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Mixed Use/Commercial (MC)
Mixed Use/Commercial (MC)
Urban Residential (UR)
Sub Urban Commercial (SC)
Ocean Reef Business Center LLC
Reed & Company Development Services Inc.
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 7.35 Acres; 0.85 acres (36,888 s.f.) being changed
RE NUMBER: 00081740.000500
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Residential High (RH)
Mixed Use/Commercial (MC)
Sub Urban Commercial (SC)
Sub Urban Commercial (SC)
Ocean Reef Business Center LLC
Reed & Company Development Services Inc.
Key: Key Largo
Size of Parcel: 2.36 Acres
Mile Marker: Ocean Reef
RE NUMBER: 00081760.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential High (RH)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION: Urban Residential (UR)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef Acquisition Corp.
AGENT: Reed & Company Development Services Inc.
Ocean Reef Map 1 FLUM & LU Amendment
BOCC, August 16,2006
PROPERTY INFORMATION
Key: Key Largo
Size of Parcel: 28.38 Acres, 6.05
proposed to be changed for L UD.
RE NUMBER: 00081710.000000
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Mile Marker: Ocean Reef
Acres proposed to be changed for FLUM; 1.04 Acres
Residential High (RH)
Mixed Use/Commercial (MC)
Urban Residential (UR)
Sub Urban Commercial (SC)
Ocean Reef Club, Inc.
Reed & Company Development Services Inc.
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 10.91 Acres; 3.84 acres being changed
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef between Marina Drive and Anchor
Drive. The property is located on the Island of Key Largo, in Ocean Reef, and is legally
described Government Lot 4, and part of the NE Y4 of the SW Y4 of the Plat of Lands of
Seaboard Properties, Inc., Section 7, Township 59 South, Range 41 East, North Key Largo,
Monroe County, Florida. The real estate numbers are: 00081740-000000; 00081740-000500,
00081760-000000 and 00081710-000000.
Existing Use:
The parcels are currently occupied primarily by staff housing consisting of about 249 beds
spread throughout 132 units. There are approximately twenty (20) individual single story
frame cottage structures known as "'yachtels" or reef huts. One (1) of the twenty units (20) is
a duplex consisting of two (2) units in one (l) structure. In the reef huts there are nine (9)
efficiencies, five (5) one (1) bedrooms, six (6) two (2) bedrooms, and one (1) three (3) bedroom
unit. There are also three (3) large structures: two (2) one story structures and a four (4)
story building containing residential units. The two (2) single story buildings contain three
(3) single, motel style units: 12 units (2 beds each) with shared baths and seven (7) two room
suites. The four (4) story structure consists of 89 dormitory style units with two (2) double
beds per unit. In addition to the residential uses on the property there is approximately
2,961 square feet of commercial space. Office space takes 966 square feet and 1,995 square
feet are dedicated for storage. The property also contains a swimming pool, parking lots,
roads, cafeteria, laundry and basketball court which are used by employees. There is also a
driving range used by the Club members in the southern portion of Parcel 00081760.
Ocean Reef Map I FLVM & LV Amendment
BOCC, August 16,2006
with shared baths; and 7 two room suites.
Res. A-I & A-2
Res. A-3
Res. A-4
Res. A-S
Res. A-6
Res. A-7
Res. A-8
Res. A-9
Res. A-I0
Res. B-2
Res. B-3
Res. B-4
Res. B-7
Res. C-l
Res. C-2
Res. C-3
Res. S-18
Res. S-19
Res. S-20
Res. S-21
. 16 X 28
off-site) (200
Existing Habitat:
The property is disturbed with both native and exotic landscaping.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The existing land use maps classify this property as commercial and Mixed Residential High
Density. The 1986 existing conditions map panel #328 classify this site as 740, disturbed.
The site has many landscaped areas with both native and exotic vegetation.
Neighboring Land Uses and Character:
The land to the northeast is zoned Parks and Refuge (PR) and is a golf course. The area has
a FLUM of Recreation (R).
To the North, across Ocean Reef Drive are offices for the Ocean Reef Club. This area has
zoning of SC with a FLUM of MC.
The property directly south across Marina Drive IS Marina Village Condominiums. The
zoning is UR with a FLUM of RH.
ZONING AND LAND USE HISTORY
Ocean Reef Map 1 FLUM & LV Amendment
BOCC, August 16,2006
Pre - 1986 Zoning:
The subject property was zoned BU -2, Medium Business District prior to 1986. This district
was intended to provide areas suitably situated for centers of commercial activity, area retail
sales, commercial activity, area retail sales, sale of fuels, mechanical services, wholesaling,
warehousing, and storage.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land
use designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Urban Residential (UR).
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly
formulated Comprehensive Plan and to apply Future Land Use Map (FLUM) designations
that were consistent with the land use district designations. The property was given a
FLUM designation of Residential High (RH) which was consistent with original Urban
Residential (UR) land use district designation.
Map changes or boundary considerations since 1986:
In October 1995, a ten (10) year development agreement with Ocean Reef was passed that
included seven (7) map amendments. These map amendments changed the Land Use
District (Zoning) Map but did not change the Future Land Use Map (FLUM). One of these
parcels - RE 00081740.000500 - property was changed to an SC land use district without
changing the corresponding FLUM designation. This change to the FLUM is necessary to
reconcile the current zoning adopted in 1995 with the FL UM.
RE 00081740.000000 has a FLUM of Mixed Use Commercial (MC) but a Land Use
Designation of Urban Residential (UR). In this case, the FLUM is correct and a land use
designation change to SC will allow this parcel to be developed to its fullest potential.
Parcel RE 00081760.000000 has a Land Use Designations of UR and SC with a FLUM of
RH. This change to the FLUM is necessary to reconcile the current zoning adopted in 1995
with the FLUM. Also, a small portion of the parcel needs to be changed from UR to SC to
allow the parcel to be developed to its fullest potential.
The final parcel- RE 00081710.000000 - has a Land Use Designation of Urban Residential
(UR) and a corresponding FLUM of Residential High (RH).
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) h.)
(i.) Changed projections:
None.
(ii.) Changed assumptions:
Ocean Reef Map 1 PLUM & LV Amendment
BOCC, August 16,2006
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto
municipality providing its own sewer, garbage, police, fire protection and medical
services. ORC is isolated, 12 miles from Key Largo and a 30 minute drive from Florida
City and Homestead.
The original change in zoning was granted in part based on much of the vacant land
along CR-905 being turned into a wildlife refuge. Staff believed that the environmentally
sensitive nature of the lands could be protected by reducing the number of trips on CR-
905. One way to reduce the number of trips is to provide for more services on site. The
only way to provide more services on site is to create more areas which will allow for
commercial development.
ORC provides amenities to its residents in the form of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
These parcels are integral to the success of Ocean Reef as this is where the employees live.
The isolation of Ocean Reef as well as the general shortage of hourly workers in the Keys
makes providing employee housing essential to the success of Ocean Reef. Ocean Reef
needs to be able to reconfigure these parcels as a cohesive development to provide more
and better services for their employees so that their employees can provide outstanding
service for the club members.
Ocean Reef would like to be able to approach all these parcels as a cohesive unit without
having to worry that something may be allowed in one space but not in another. Ocean
Reef cannot afford to lose density and also realizes that the allowed density needs to be
balanced with other needs they have identified. Ocean Reef and the Planning
Department believe that a Land Designation of Sub Urban Commercial (SC) for these
parcels with the corresponding Future Land Use Designation (FL UM) of Mixed Use
Commercial (MC) will keep the density required along with provide other services needed
by the club and the employees.
(iii.) Data errors:
None.
(iv.) New issues:
A situation developed that highlighted the inconsistency between the Land Use
Designation of SC and the FLUM of RH in parcel RE 00081760.000000. An application
was submitted to build a communication tower, and a site was selected within this parcel
in the SC zoning. The type of tower planned is allowed in SC zoning but is not allowed
with a FLUM of RH. In Florida, the FLUM designation is controlling. At the time the
parcel was chosen in July of 2005, the FLUM was not referenced and staff did not realize
until January as the project was slated to go to the Development Review Committee that
a fatal inconsistency existed that would result in the project being unable to go forward.
Staff felt it was time to remove the inconsistency and allow this parcel to be developed to
its fullest potential. In addition, Ocean Reef would like to be able to redevelop the area
cohesively for employee housing and other community and employee services.
(v.)Recognition of a need for additional detail or comprehensiveness:
Ocean Reef Map 1 FLVM & LV Amendment
BOCC, August 16,2006
There are limited areas in ORC that are zoned for commercial uses. This parcel was
rezoned SC because the parcel is a disturbed site with established commercial uses on the
adjacent parcel. Changing the FLUM to MC will eliminate the current inconsistency and
allow for the development to occur on this parcel as was intended when the zoning was
changed.
(vi. ) Data updates:
None.
IMP ACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR's)
The properties have current land use designations of Sub Urban Commercial (SC) and Urban
Residential (UR) and FLUM designations of Residential High (RH) and Mixed Use
Commercial (MC).
Sec. 9.5-204. Purpose of the Urban Residential District (UR).
The purpose of the UR district is to provide areas appropriate for high-density residential
uses designed and intended for occupancy by persons gainfully employed in the Florida Keys
and to create areas to provide for vacation rental use of detached dwellings, duplexes, and
multifamily dwellings. This district should be established at or near employment centers.
Sec. 9.5-206. Purpose of the Sub Urban Commercial District (SC).
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. This
district should be established at locations convenient and accessible to residential areas
without use of U.S. 1.
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-density single-
family, multi-family, and institutional residential development, including mobile homes and
manufactured housing, located near employment centers. In addition, Monroe County shall
adopt Land Development Regulations which allow nonresidential uses that were listed as a
permitted use in the Land Development Regulations that were in effect immediately prior to
the institution of the 2010 Comprehensive Plan, and that lawfully existed on such lands on
January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided
that the use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996 or limited to what the pre-2010 LDR's allowed, whichever is more
restricted.
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial 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.
Ocean Reef Map 1 FLUM & LU Amendment
BOCC, August 16,2006
This land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and non-residential
uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall
be prohibited
2. Potential Land Uses with Proposed Map Amendment
Staff and the Ocean Reef Club are requesting a land use designation and future land use map
amendments so all parcels will have a land use designation of Sub Urban Commercial (SC)
and a FLUM offrom Mixed Use/Commercial (MC).
Sec. 9.5-206. Purpose of the Sub Urban Commercial District (SC).
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. This
district should be established at locations convenient and accessible to residential areas
without use of u.s. 1.
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial 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.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, public uses, hotels and marinas. More specifically, the SC permits commercial
apartments and employee housing of less than six (6) units as-of-right, subject to meeting all
other requirements. More than eighteen (18) units require a major conditional use.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the FLUM from RH to MC does not have any negative effects for this property.
Allocated and Max Net Densit Permitted Per Acre
Residential Hi h ixed Use/Commercial
Allocated Max Net (DU Allocated
DU/ Acre /Buildable Acre), (DU/ Acre
3-16 du, 10 12 du 1-6 du
rooms/spaces 20 rooms/s aces 5-15 rooms/spaces
Max Net (DU/
Buildable Acre)
6-18 du
10-25 rooms/spaces
Employee
housing
DR
or
S 3.0
C
15.0 units recently
raised to 18.0 units
The maximum non-residential square footage permitted is as fol'
footage allowed is dependant on compliance with all Monroe COUll
~"J ultimate square
. ."ments:
Commercial Maximum Floor Area Ratio Permitted
IResidential High (RH) I]Mixed Use Comm.
Ocean Reef Map 1 FLUM & LU Amendment
~o
41<""'-
II< ~ ~o'S
MFAR OSR MFAR OSR
N one allowed Recreational 0.10 0.2
High Intensity 0.15 0.2
Medium 0.25 Kl.2
Intensity
Light industry 0.30 Kl.2
Institutional
Public 10.30 0.2
Buildings
Low Intensity 0.35 0.2
Office 0.40 0.2
Use Compatibility
The property is currently being used for employee housing and supporting commercial
actIvItIes. A portion of this parcel houses a driving range and other commercial
establishments. A change in the FLUM will allow this parcel to be developed to its greatest
potential under its current SC zoning.
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. Future development would
be required to comply with all Monroe County Code, State and Federal environmental
regulations.
These FL UM and L UD changes will allow the parcels to be developed to their fullest
potential and minimize the need to build or clear environmentally sensitive lands to provide
services to the community.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities. The proposed FLUM and Land Use District Map amendments will
encourage commercial development to remain on disturbed lands rather than encroaching on
environmentally sensitive areas.
Local Traffic, Parking, and Traffic Circulation
The subject property is located in Ocean Reef, a gated community with limited access to
non-members. Much of the travel within Ocean Reef is conducted using golf carts and staff
has no evidence that there will be any local traffic, parking or traffic circulation issues
created.
Effects on Public Facilities
ORC provides many of its own services in terms and anticipates no problem continuing to
meet the community needs if this amendment is approved and enacted.
Ocean Reef Map 1 FLUM & LU Amendment
BOCC, August 16,2006
FININGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified for commercial
development need to have the appropriate FL UM to allow commercial development.
This is an area ORC needs to be able develop fully for employee housing and other
community needs. Cohesive Land Use Designations and FLUM designations will
allow ORC to do this.
(iv.) New issues
There are limited areas available and appropriate for employee housing and
commercial development. Allowing the available and appropriate parcels to be
developed to their fullest potential is in the best interest of ORC and Monroe County.
(v.) Recognition of a need for additional detail or comprehensiveness:
FLUM designations need to correspond with Land Use designations in order to
provide property owners an opportunity to fully develop their land. These FL UM
and Land Use designations needs to be changed in order to be consistent and allow
maximum utilization of the property.
3. The subject property was zoned BU -2, Medium Business District prior to 1986.
4. The subject property was assigned zoning of Urban Residential (UR) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which
took effect on January 4, 1996, followed the land use district boundary and designated a
future land use category of Residential High (RH) for the UR parcel.
6. Pursuant to a 1995 development agreement with Ocean Reef, a portion of parcel
00081760.000000 was changed from UR to Suburban Commercial (SC).
7. A portion of the re-zoned area was given a FL UM of Mixed Use Commercial (M C) but not
the entire parcel.
8. The present RH FLUM designation does not correspond with the existing Sub Urban
Commercial (SC) land use district designation.
9. The Residential High (RH) FLUM does not allow for the SC parcel to be developed to its
highest potential.
10. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
11. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
12. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storm water and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
Ocean Reef Map 1 FLUM & LU Amendment
BOCC, August 16,2006
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use designation and future
land use designation are appropriate for this property and will allow the owners to make
full use of the subject property.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Future Land Use Map amendment
from Residential High (RH) to Mixed Use Commercial (MC) for the identified portion of RE
00081740.000500.
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Land Use Map amendment from
Urban Residential (UR) to Sub Urban Commercial (SC) for the identified portion of RE
00081740.000000.
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Future land Use Map amendment
from Residential High (RH) to Mixed Use Commercial (MC) and Land Use Map amendment
from Urban Residential (UR) to Sub Urban Commercial (SC) for the identified portions of
RE 00081760.000000.
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Future land Use Map amendment
from Residential High (RH) to Mixed Use Commercial (MC) and Land Use Map amendment
from Urban Residential (UR) to Sub Urban Commercial (SC) for the identified portions of
RE 00081710.000000.
Ocean Reef Map 1 FLVM & LV Amendment
HOCC, August 16,2006
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division:
Growth Management
Bulk: Item: Yes
No~
Department: Planning and Environmental Resources
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
A public hearing to consider a request by Frederick 1. Zacharias, Trustee, to amend the Land Use District
(Zoning) Map from Sub Urban Commercial (SC) to Urban Residential (UR), for property with RE #
00468473.019200.
ITEM BACKGROUND:
Zacharias Frederick 1. Trustee is requesting an amendment to the Land Use District (Zoning) Map from Sub
Urban Commercial (SC) to Urban Residential (UR) to allow increased opportunity for residential
development of the property.
A companion application to amend the Future Land Use Map (PLUM) from Mixed Use/Commercial (MC)
to Residential High (RR) was approved by the BOCC at a public hearing on May 21, 2007.
PREVIOUS RELEVANT BOCC ACTION: May 21, 2007-Approval ofFLUM amendment for subject
property from Mixed Use/Commercial (MC) to Residential High (RH).
CONTRACTIAGREEMENTCHANGES:NM
STAFF RECOMMENDATIONS: Staff recommends DENIAL.
Development Review Committee recommends APPROVAL.
Planning Commission recommends APPROVAL.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: N/ A AMOUNT PER MONTH_ Year
APPROVED BY: County Arty X OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
.- -.f:... "_
(,~ ~ L\
'-\~<>~~,Y
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
FREDERICK J ZACHARIAS, TRUSTEE TO AMEND THE LAND
USE DISTRICT (ZONING) MAP FROM SUB URBAN COMMERCIAL
(SC) TO URBAN RESIDENTIAL (UR) FOR PROPERTY DESCRIBED
AS TRACT A, CROSS KEY WATERWAYS ESTATES, SECTION
THREE, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE
REAL ESTATE NUMBER: 00468473.019200. APPROXIMATELY
MILE MARKER 103.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15, 2006 conducted a review and consideration of the
request filed by Zacharias Frederick J. Trustee to amend the Land Use District (Zoning)
Map from Sub Urban Commercial (SC) to Urban Residential (DR) for the property
described as Tract A, Cross Key Waterways Estates, Section 3, Key Largo, Monroe
County, Florida, having the real estate number 00554420.000000; and
WHEREAS, at its December 19, 2006 meeting in Marathon, the Development
Review Committee reviewed the application and recommended approval of the Land Use
District (Zoning) Map amendment as indicated in the Resolution D24-05; and
WHEREAS, subsequent to the Development Review Committee meeting of
December 19,2006 after further review of the application, consideration of the facts and
based on new information, staff reconsidered its recommendation and recommended
denial of the application to the Planning Commission as indicated in the Planning
Commission Staff Report dated January 19, 2006; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
January 25,2006 and based on facts presented at the meeting, the Planning Commission
recommended to approve the Land Use District (Zoning) Map amendment, as indicated
in the Resolution P03-06; and
WHEREAS, the Board of County Commissioners held a public hearing on May
21, 2007 and approved a companion amendment to the Future Land Use Map (FLUM)
for the subject property from Mixed Use Commercial (MC) to Residential High (RR);
and
Page 1 of3
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application of Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercial (MC) to Residential High (RR) and the Land
Use District (Zoning) Map from Sub Urban Commercial (SC) to Urban Residential
(UR); and
2. The staff report prepared by Aref Joulani, Acting Director, Planning and
Environmental Resources and Alex Score, Senior Biologist, dated January 25, 2006;
and
WHEREAS, Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iv.)New issues:
The property has the potential for commercial development under existing zoning that
would permit similar clearing to the proposed residential Land Use District and
FLUM designations, subject to Land Development Regulations. The applicant's
agent stated that the HEI conducted on the property identified the parcel as moderate-
quality hammock. Existing environmental rules will provide protection for the
hammock.
3. The subject property is designated as Tier 3-Special Protection Area (SPA), the
clearing allowance is the same as a designated Tier 3 property under the Tier system.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5)
(b): of the Monroe county Land Development Regulations and will not have
negative impact or alter the character of the properties or immediate vicinity.
3. The subject property is designated as Tier 3-Special Protection Area (SPA), the
clearing allowance is the same as a designated Tier 3 property under the Tier system.
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.
Page 2 of3
Section 2. The previously described property, which is currently designated Sub
Urban Commercial (SC) shall be designated Urban Residential (UR) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit l.
Section 3. 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 4. 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 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to 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 6. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission Approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie M. Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Page 3 of3
-
I--
I Exhibit 1 to Ordinance#
--- -
-
i--- -
-
i--- -
-
- -
'-- I--
I--
]=
J l~ l,~ ~T
t7~_
~ == 1 IT[ Ig
= ~~~~~]
....1' ~
r............-
T
f-
I-
- I---
- -
- -
= t=]
I- -
- -
- -
- I--
hf
- !!;
~
<I
-
,.---..,
I--
I--
I--
-
-
-
=-w
-0
i---
I--
f---
I
-
~~
{f
~
~(<)
/
I
lIHffi ffillf1Iffi ~
~.J II ffiEEE ~
1IIII I IIITlfrD
-20071
r
TI'I~~~
111 It=: ~
11 II I '-,(0 DJ =p.
H '" ---' -i
T ~:=j (yY~ ~ ~
" I I It:::j ~ if
TIIh=\~E-"
\-----J _ &- _
lit=: __!=
L--- ~
,J I I Ii,\-- \--
~
1 I I ~\
f-f
1rl~
TIIIWA
1111~
I
~Ir I
......-
tJ:
T
1
/
lJ::>I
7
81
~lllnll
/
0046~019200
.#
lIT JJ
I----
~
-
I/'
/1
^/?
The Monroe County Land Use District Map is amended
as indicated above.
RE: 00468473-019200 Change Land Use Map Designation from
Suburban Commercial (SC) to Urban Residential (UR)
N
A
Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
1,000
Feet
Map Amendment M25076
Land Use District Map #: 112 and 113
I I I \ \ \ ~ RM
-j I \ I \ J\ \ ,,-<-
000
BOWIE LN \ -$:-~
-\ >1
BOWIE LN \ j -g ;f
\ -0 ..,~
~ I I I ~ j 0
\ ~ /Yq
\ II -{ ~ <~~ /
J <'It /
CRANE ST ~ :11 \ II h /
~ BELMONT LN \ \
J
~ 11111111 \1 \ RI-
J /
-1
illllll
f I I
PIMILlCO LN
III \ \ \ II
CABRERA ST
~ I
-1
III\\II~ ;r;
GEORGE ST GEORGE ST
RIVI /; PLANTE ST RM
w
~
w
;r; (9 \
<(
--I
--I
~ 5>
0 COLLINS ST
0 I \
>- ~ I
0 ,
[l)
;- :r
?-. ~ IcIITiT_
CANAL s-r:~ ~ ~I\\I
0~
6'
/
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
indicated and briefly described as:
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Future Land Use District from Mixed Use/Commercial
District (MC) to Residential High District (RH).
Property Description: RE 00468473.019200
Map Amendment M25076
250
Feet
Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 103
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
300
Feet
Map Amendment M25076
Land Use District Map #: 112 and 113
6-.':?':~~'
".j"-..JIl'~U ~
"~II . 'X",'
it..; , ~'/~::.;'-'
, ~ . -.. , .......
:~~ -.:S ::.. ...;? ~/
'-.,.;h _ ,'.j}
~, ':!~.I~~V_.~--~-'" .
Memorandum
To: Monroe County Board of County Commissioners
From: Aref Joulani, Acting Director, Planning and Environmental Resources
Alex Score, Biologist
Date: January 25, 2006
Re: Request for Future land Use Map and Land Use District Map Amendments
On May 21,2007, the BOCC approved by a 3-2 vote the Future Land Use Map amendment for
this subject property.
MEETING DATE:
February 15, 2006
RE NUMBER:
00468473.0l9200
EXISTING FUTURE LAND USE MAP DESIGNATION: Mixed Use/Commercial (MC)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential High (RR)
EXISTING ZONING DESIGNATION:
Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION:
Urban Residential (UR)
PROPERTY OWNER:
Zacharias Frederick J. Trustee
AGENT:
Reed & Company Development
Services Inc.
PROPERTY INFORMATION
Key:
Size:
Key Largo
2.08 Acres
Mile Marker: l03
Location Detail & Brief Description:
The property is located on Key Largo at approximate mile marker 103. The property has
frontage on Overseas Highway and has additional frontage on George St. and Tropical Lane.
Zacharias FLUM and Land Use District Map Amendments
Page 1 of 13
The property is legally described as Tract A, Cross Key Waterways Estates, Section 3, Key
Largo, Monroe County, Florida, having real estate number: 00468473.019200.
Existing Use:
The property is vacant and has not been developed in the past.
Existing Habitat:
The property is classified as a tropical hardwood hammock. The applicant's agent testified that
an HEI has been conducted and the parcel was determined to be a medium quality hammock.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classifY this property at tropical hardwood hammock (code
426) per map sheet No: 286.
Neighboring Land Uses and Character:
The area has a mixture of commercial and residential uses.
The land to the north, zoned Sub Urban Commercial (SC) is a mixed use development with
ground floor commercial and second storey residential. The area has a FLUM of Mixed Use
Commercial (MC).
The property directly south and zoned SC is commercially developed. The area has a FLUM of
Me.
The properties to the west, zoned Urban Residential Mobile Home (URM) are detached
residential dwellings. The area has a FLUM of Residential High (RR) with a FLUM of
Residential Medium (RM) along the George St. frontage.
The property has frontage on Overseas Highway to the east. Across Overseas Highway the
property is zoned Improved Subdivision (IS - M) and is a mix of undeveloped and commercial
parcels. The area has a FLUM of Residential Medium (RM).
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The property was zoned Light Business District (BU - 1) prior to the 1986 zoning. "The district
is intended to protect and enhance the areas best suited for the preservation of business related to
neighborhood, tourist, and resort retail sales; and business, personal, and professional services."
(Monroe County Code, effective, October 1, 1979, Sec 19-216).
Zacharias PLUM and Land Use District Map Amendments
Page 2 of 13
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Sub Urban Commercial (SC). "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. This district should be established at locations
convenient and accessible to residential areas without use of U.S. 1." (Monroe County Code Sec.
9.5-206).
The re-designation to SC was consistent with the pre-1986 zoning designation of BU - 1.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, commercial apartments, employee housing, public uses, hotels and marinas.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly formulated
Comprehensive Plan and to apply Future Land Use Map (FLUM) designations that were
consistent with the land use district designations. The property was given a FLUM designation
of Mixed Use Commercial (MC), consistent with the Sub Urban Commercial (SC) land use
district designation.
Map changes or boundary considerations since 1986:
No map changes have been approved since the 1986 designation.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(Analysis and Rational provided by the applicant is in italics)
(i.) Changed projections:
"Historically zoning classified most properties that were adjacent to main
thoroughfares as commercial properties. This however, has lead to sprawl and over
time the predominant notion has been to encourage "nodes of development". In this
same vein US] is classified as a main thoroughfare and commercial corridor and
historically most properties adjacent to US] received commercial zoning classification.
The Key's too have recognized the need to create "nodes of development" as
substantiated through the CommuniKeys Master Plan for Key Largo where three
centralized nodes of development were identified. In this vein it is more fitting that
propertry be re-zoned to primarily residential rather than commercial use in order to
Zacharias PLUM and Land Use District Map Amendments
Page 3 of 13
discourge sprawled out commercial development on this parcel and encourage
residential development. This will in turn encourage additional commercial
development to be constructed in the appropriate places. "
Rezoning is subject to considerations including compliance with Goal 102 of the Year 2010
Comprehensive Plan. The proposed zoning and FLUM amendment does not comply with
Goal 102.
(iL)Changed assumptions:
"Policy 101.3 requires Monroe County to regulate non-residential development to
maintain a balance of land uses. In so much a ratio of 239 square feet of non-residential
floor area for each residential unit developed is created. At 158 residential permits a
year tied to the creation of 239 square feet of non residential floor area for each permit
this creates 37,762 square feet of commercial floor area per year. The table below shows
year 10 through 13 and the amount available and allocation that was awarded. "
Year Amount Available (in square Allocations Awarded (in
feet) square feet)
10 21,150 18,222
11 16,000 5,300
12 16,000 15,689
13 16,000 10,925
When the NROGO allocation was set, it was projected that the control on development would
create competition in NROGO however, demand for NROGO allocation has been less than
projected. A surplus of NROGO allocation in anyone year does not necessarily translate into a
demand for residential development other development options may be appropriate.
(iii.)Data errors:
"Not applicable. "
(iv.) New issues:
"There have been new issues that have arisen due to the Summary Workshop Results
January 20, 2005 for the Key Largo Livable CommuniKeys Plan:
o Improve US1 Design/Visual Characterizes - Residential development on this
parcel would improve the design and visual characteristics on US1 by protecting
the natural bufferyard that is in place.
o Increase aesthetics along US1 corridor - Residential development on this parcel
will increase the aesthetics.
o IdentifY community centers - This site is not identified to be included within one
of the community centers. In fact re-zoning the property will encourage more
commercial development within the community centers rather than encouraging it
to sprawl out on available undeveloped commercial properties such as the subject
parcel.
Zacharias FLUM and Land Use District Map Amendments
Page 4 of 13
o Encourage well designed, medium-scale (10-12 unit) housing complexes - By
rezoning to residential this will in fact encourage housing complexes to be
developed. "
The rezoning itself will not result in increased aesthetics or well designed residential
development along the corridor. These issues are related to the Monroe County Code, and
the desire of the developer to develop in such a manner.
The rezoning may result in an intensification of development based on the limitations to
commercial development under the Sub Urban Commercial (SC) zoning and the increased
potential for residential development under the Urban Residential development.
Subsequent to the Development Review Committee meeting, the County Biologist concluded
an analysis of the parcel and is recommending that the parcel be designated as a Special
Protection Area (SPA). Under the SPA designation the parcel would be eligible for land
dedication.
(v.)Recognition of a need for additional detail or comprehensiveness:
Densitv and Intensitv
"Based upon the current zoning of suburban commercial the property could be developed
to over 9,000 square feet FAR of commercial development. Also storage, up to 25% of
the lot would be permitted as of right under the suburban commercial land use district.
Based on 2.08 acres this would be approximately. 5 acres. Depending upon the HEI the
lot will be determined to be low or moderate quality hammock which will allow either
60% (54,362 square feet) or 40% (36,241 square feet) clearing of the lot.
Based upon the proposed zoning change to urban residential (UR) and 2.08 gross acres,
six (6) units per acre allocated density or twelve (12) units per acre max net density could
be developed. This corresponds to 12.48 units or 24.96 units respectively. Rounded
down, 12 units, on 2.08 acres is equivalent to 12 lots of 7,550 square feet each. Further
24 units, rounded down, is equivalent to 24 lots of 3,775 square feet. The average lot size
in Cross Key Waterways is 4,000 square feet. Therefore the re-zoning of the lots would
be more compatible to the existing adjacent residential uses.
Much discussion in the CommuniKeys plan discussed protecting the corridor and
enhancing the aesthetics. This can be done through the application of scenic corridor
bufferyard. On this property a minimum of 30 feet would be required. However, a policy
by the planning department has been to permit access drives to the property to be located
in the setbackslbufferyards, therefore essentially eliminating this requirement.
Commercial use of this property would encourage clearing of the bufferyard for sight
visibility for commercial development, whereas, residential development would
encourage protection of the bufferyard to shield noise and pollution from us 1. "
Zacharias FLUM and Land Use District Map Amendments
Page 5 of 13
Use Comoatibilitv
The ability to construct residential dwelling units on the property would be compatible
with the neighboring properties to the west and across the canal.
Staff has determined that an amendment to the Land Development Regulations has been
approved by the Board of County that will remove outside storage as a permitted use in the Sub
Urban Commercial district the applicant's statement regarding outside storage will not apply
based on the new LDR language.
A Habitat Analysis is required to determine the quality of the hammock and allowable clearing
allowance at time of development.
Access drives will likely be from platted side streets unless the site is replatted to require access
from US. 1. Curb cuts must be located no closer than 400 feet from any other curb cut on US.I.
Sight triangles are required for any use having direct access to US. 1 regardless if it is a
commercial or residential land use.
Where permitted, a driveway may cross the bufferyard to access a road or highway but the
required hufferyard must he maintained for the remainder of the property. The width of the
driveway will be reviewed for compliance with the Land Use District Regulations and a
determination made if the proposed width is excessive. A drive aisle may not be constructed
laterally across a required bufferyard so as to eliminate the bufferyard.
Under the SPA designation the parcel is to be protected. The increased opportunity for
residential development of the parcel offered by the zoning and FLUM amendment would
increase secondary impacts on the parcel affecting the natural vegetation retained on site.
(vi.) Data updates:
"Not applicable. "
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land Development Rellulations (LDR's)
The property has a current land use district map designation of Sub Urban Commercial (SC) and
a re-zoning to Urban Residential (RM) is proposed.
Sec. 9.5-206. Purpose of the Sub Urban Commercial District (SC)
The purpose of the Sub Urban Commercial (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. This district should be established at locations convenient and accessible to
residential areas without use of US. 1.
Zacharias FLUM and Land Use District Map Amendments
Page 6 of 13
The property has a current FLUM designation of Mixed Use/ Commercial (MC) and is consistent
with the SC land use district map designation.
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial 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.
This land use category is also intended to allow for the establishment of mixed use development
patterns, where appropriate. Various types of residential and non-residential uses may be
permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. In
order to protect environmentally sensitive lands, the following development controls shall apply
to all hammocks, pine lands, and disturbed wetlands within this land use category:
1. Only low intensity commercial uses shall be allowed;
2. A maximum floor area ratio of 0.10 shall apply; and
3. Maximum net residential density shall be zero.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, public uses, hotels and marinas. More specifically, the SC permits commercial
apartments and employee housing of less than six (6) units as-of-right, subject to meeting all
other requirements. More than eighteen (18) units require a major conditional use.
2. Potential Land Uses with Proposed Map Amendment
The applicant is requesting a land use district map amendment from Sub Urban Commercial (SC)
to Urban Residential (UR).
Sec. 9.5-204. Purpose of the Urban Residential District (DR).
The purpose of the UR district is to provide areas appropriate for high-density residential uses
designed and intended for occupancy by persons gainfully employed in the Florida Keys and to
create areas to provide for vacation rental use of detached dwellings, duplexes, and multifamily
dwellings. This district should be established at or near employment centers.
The applicant is requesting a FLUM amendment from Mixed Use Commercial (MC) to
Residential High (RH).
Zacharias FLUM and Land Use District Map Amendments
Page 7 of 13
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-density single-
family, multi-family, and institutional residential development, including mobile homes and
manufactured housing, located near employment centers.
The proposed Residential High (RH) FLUM designation is consistent with the proposed Urban
Residential (DR) land use district map designation. The DR district permits detached residential
dwellings as-of-right and detached residential dwellings as a conditional use amongst other uses.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
For properties consisting of hammocks within the Mixed Use Commercial (MC) FLUM
designation, the floor area ratio is 0.10 and the maximum net residential density bonuses do not
apply.
Amending the FLUM from Mixed Use Commercial (MC) to Residential High (RH) would
eliminate this restriction.
The potential for residential development increases significantly with a re-zoning from SC to
DR. Under the SC zoning, detached and attached dwellings are not permitted except for
commercial apartments and employee housing. The DR district has no such limitation.
Residential density under the proposed land use district map amendment from SC district to DR
district would increase the allowable density for all categories of residential development. The
2010 Plan prohibits the use of max net density for property with an MC FLUM that is also
hammock as is this property.
The maximum number of dwelling units (DU) permitted is as follows, the ultimate number is
dependant on compliance with all Monroe County Code requirements:
Zacharias FLUM and Land Use District Map Amendments
Page 8 of 13
Allocated and Max Net Density Permitted Per Acre
Sub Urban Commercial
Allocated Max Net
(DU/Acre) (DU/Buildable
Acre), (not
available III
hammock)
Sub Urban 3 0
Commercial
(commercial
apartments)
Employee Housing 3 0
Urban Residential
Allocated Max Net
(DU/Acre) (DU/Buildable
Acre)
Urban 6 12
Residential
Employee 6 25
Housing
Affordable 6 25
Housing
The maximum non-residential square footage permitted is as follows and the ultimate square
footage allowed is dependant on compliance with all Monroe County Code requirements:
Non-Residential Maximum Floor Area Ratio Permitted
Sub Urban Commercial SC
FAR OSR
.10 .40
.10 .60
.35 .2
.25 .2
.15 .2
.45 .2
.30
Use Compatibility
Urban Residential (UR)
FAR OSR
Hammock Low Quality .10 .40
Hammock Medium Quality .10 .60
Institutional 0.30 0.2
Public Buildings 0.30 0.2
The property is currently vacant. Residential land uses under the Urban Residential (UR) land
use district map designation would be consistent with the residential land uses to the west and
northwest of the property that are currently zoned Urban Residential Mobile Home (URM) and
developed with detached residential dwellings.
The UR land use district allows detached and attached residential dwellings that the SC land use
district does not.
Zacharias FLUM and Land Use District Map Amendments
Page 9 of 13
Effects on Natural Resources Goal 1 02
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
At the present time, this parcel is in a proposed Special Protection Area (SPA). Previously, this
parcel was in a proposed TIER 2 and subsequently in a proposed TIER 3A. This area is a
tropical hardwood hammock and the change of zoning from SC to DR will increase the
allowable density for residential development. The overall clearing allowance will not change,
but the change in zoning will be encouraging development in this area. Since in all hammocks,
pinelands, and disturbed wetlands the maximum floor area ratio is 0.10 this would severely
reduce the SC use in this parcel and would therefore protect the hammock area.
SC hammock lots on US 1 have also been looked by Monroe County Land Authority for purchase
of environmental protection to maintain a highway greenscape. The change in zoning would not
be compatible with any future highway environmental project by the Land Authority.
I disagree that residential development on this parcel would improve the design and visual
characteristics on US 1 since the bufferyard requirements are the same for SC and DR. The SC
designation has more protection than the DR designation with density restrictions.
By looking at the Environmental aspects and the future Key Largo CommuniKeys Plan, the
zoning and FLUM amendment proposed can not be supported.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities.
The proposed FLUM and Land Use District Map amendments will support Objective lOl.ll.
Local Traffic and Parking
The subject property is located on Overseas Highway and has potential access from George
Street and/or Tropical Lane.
Traffic Circulation
The site fronts on Overseas Highway (US-I) a four lane divided highway and has a potential
connection via George Street and/or Tropical Lane. The Key Largo highway segment has a
Level of Service rating of A and is considered Adequate. The proposed land use district map
amendment should not affect the LOS.
Zacharias FLUM and Land Use District Map Amendments
Page 10 of 13
Solid Waste
The existing solid waste haul out contract will provide Monroe County with guaranteed
capacity to September 30, 2016. The proposed land use district map change should not increase
solid waste generation significantly from that generated by potential uses under the existing
designation.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the
withdrawal of sufficient quantities to meet the anticipated demand. The proposed land use
district map amendment is not anticipated to have any discemable effect on potable water
withdrawals.
Stormwater
Section 9.5-293 of the Land Development Regulations requires that all developments retain
stormwater on site following Best Management Practices (BMP). Pursuant to Policy 101.1.1 all
projects shall be designed so that the discharges will meet Florida State Water Quality Standards.
Compliance review for these sections is determined by the South Florida Water Management
District or County Engineer and occurs at the time a development permit has been filed.
Wastewater
Policy 901.1.1 requires that at the time a development permit is issued, adequate sanitary
wastewater treatment and disposal facilities are available to support the development.
Wastewater issues will be addressed at the time a development proposal is brought forward.
Effects on Redevelopment / Infill Potential:
The proposed FLUM and Land Use District Map amendments will eliminate the possibility for
commercial development and increase the likelihood of residential development on the property.
FININGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iv.)New issues:
The property has the potential for commercial development under existing zoning that would
permit similar clearing to the proposed residential Land Use District and FLUM designations,
subject to Land Development Regulations. The applicant's agent stated that the HEI
conducted on the property identified the parcel as moderate-quality hammock. Existing
environmental rules will provide protection for the hammock.
Zacharias FLUM and Land Use District Map Amendments
Page 11 of 13
3. The Special Protection Area (SPA) is proposed and has not been adopted.
CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5) (b): of
the Monroe county Land Development Regulations and will not have negative impact or alter
the character of the properties or immediate vicinity.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
RECOMMENDATION:
The Planning and Environmental Resources Department recommended Not to Approve, based
on the above Findings of Fact and Conclusions of Law, the Planning Commission recommends
Approval to the Board of County Commissioners for the proposed Future land Use Map
amendment from Mixed Use/Commercial (MC) to Residential High (RR) and of the proposed
Official Land Use District Map amendment from Sub Urban Commercial (SC) to Urban
Residential (UR).
Zacharias FLUM and Land Use District Map Amendments
Page 12 of 13
Zacharias FLUM and Land Use District Map Amendment: RE # 00468473.019200
Overseas Highwav Frontage
,
~r';".J.~
~.. _ -:..r.......~~.r..:
:;rr . __ _ '.~. ...
L :...~~~. -:. . '. .
~~:(,...:~;;;~
J . .,~
....:..1......
Tropical Lane Frontage
~'.'
i4;",~./-y.,
'~
'1t'"
~~::
"j,;;~-
,~:~i;~F~~!;~;~-
~-;' .,"
: ". ~
Zacharias FLUM and Land Use District Map Amendments
Page 13 of 13