Item R5BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: R.5
Agenda Item Summary #2125
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: An Ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban
Commercial (SC) to Urban Commercial (UC), for property located at 31 Ocean Reef Drive, Key
Largo, Ocean Reef Club, described as a parcel of land in Section 7, Township 59 South, Range 41
East, Key Largo, Monroe County, Florida, having Real Estate 400081740.000400, as proposed by
ORU Associates Inc.;
ITEM BACKGROUND: The applicant, ORU Associates, Inc., is requesting a Zoning amendment
from Suburban Commercial (SC) to Urban Commercial (UC) for property located at 31 Ocean Reef
Drive, within the Ocean Reef Club in Key Largo. The subject property currently has a FLUM
designation of Mixed Use/Commercial (MC), which is consistent with the proposed UC zoning;
therefore, no corresponding FLUM amendment is necessary.
The proposed Zoning amendment would result in an increase in residential development potential of
5.2 dwelling units, an increase in transient unit development potential of 8.7 rooms/spaces, and an
increase in nonresidential development potential of 3,783 square feet. Within Ocean Reef Club,
Monroe County currently does not permit new permanent or transient units beyond those included in
the vested rights determination of the Ocean Reef master planned community. Any additional
development authorized will be deducted from the vested rights determination for Ocean Reef. As
such, the potential additional units do not impact the County's ROGO balance or evacuation.
The subject property is located within the Ocean Reef master planned community, and is adjacent to
existing office and commercial uses and a church. The proposed change in Zoning designation is
consistent with the commercial character of surrounding land, concentrates increased density and
intensity in a centralized area, and is located on a site where it will not impact endangered species or
habitat. It is anticipated that the proposed Zoning map amendment for the site will not result in an
adverse community change to the surrounding area.
The applicant indicates the proposed amendment is to address the potential for additional
nonresidential development (increase of 3,783 square feet to 34,043 square feet). "The rezoning will
allow for additional office space and retail uses on the site that were originally contemplated in
order to serve the Members of Ocean Reef Club. Rezoning will allow for the site to be able to meet
the commercial needs of the community."
The UC district allows commercial retail of low- and medium -intensity and office uses, or any
combination thereof, of greater than 20,000 square feet in floor area as a major conditional use.
Assuming the applicant proposes future nonresidential development, pursuant to LDC Section 130-
74, all development listed as a conditional use within a master planned community of 100 or more
acres in area, shall be reviewed and processed as a use permitted, as of right. A pre -application
conference shall be required prior to the submittal for development approval listed as a conditional
use.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance ORU Associates Zoning
Exhibit 1 to Ordinance
Staff Report - ORU Associates Zoning
Exhibits to Staff Report
Ocean Reef Plaza LOU 6.05.13
Ocean Reef Vested Development Rgts_2010
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine
Hurley
10/03/2016 2:36 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Emily Schemper
Skipped
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
09/25/2016 4:03 PM
Completed
10/04/2016 10:34 AM
10/04/2016 10:50 AM
09/22/2016 4:59 PM
09/22/2016 4:59 PM
10/04/2016 1:16 PM
10/04/2016 1:17 PM
10/04/2016 2:19 PM
10/19/2016 9:00 AM
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO
URBAN COMMERCIAL (UC), FOR PROPERTY LOCATED AT 31
OCEAN REEF DRIVE, KEY LARGO, OCEAN REEF CLUB, DESCRIBED
AS A PARCEL OF LAND IN SECTION 7, TOWNSHIP 59 SOUTH,
RANGE 41 EAST, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE #00081740.000400, AS PROPOSED BY ORU
ASSOCIATES INC; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
THE LAND USE DISTRICT (ZONING) MAP; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ocean Reef Plaza, LLC submitted an application on July 2, 2014, for a
Land Use District (Zoning) map amendment from Suburban Commercial (SC) to Urban
Commercial (UC) for property located at 31 Ocean Reef Drive, Ocean Reef, Key Largo, having
real estate number 00081740.000400; and
WHEREAS, on August 21, 2014, the applicant requested that the application be held
until further notice; and
WHEREAS, on April 20, 2016, the applicant requested that the application be re-
instated and processed; and
WHEREAS, on May 9, 2016, a warranty deed was recorded with the Monroe County
Clerk, transferring ownership of the property to ORU Associates, Inc.; and
WHEREAS, on July 5, 2016, an updated application form and other required
documentation was submitted by ORU Associates, Inc. (hereafter referred to as "the Applicant")
requesting the same Zoning amendment for the property, from Suburban Commercial (SC) to
Urban Commercial (UC); and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 25`h day of July, 2016; and
Ord = 2016 Page 1 of 4
2 WHEREAS, the Monroe County Planning Commission held a public hearing on the 3 1 "
3 day of August, 2016, for review and recommendation on the proposed Land Use District
4 (Zoning) map amendment; and
5
6 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-16
7 recommending approval of the proposed amendment; and
8
9 WHEREAS, at a regularly scheduled meeting held on the 19a' day of October, 2016, the
10 Monroe County Board of County Commissioners held a public hearing to consider the proposed
11 Land Use District (Zoning) map amendment; and
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13 WHEREAS, based upon the documentation submitted and information provided in the
14 accompanying staff report, the BOCC makes the following Findings of Fact:
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16 1. Prior to the 1986 adoption of the County's current land development regulations and
17 their associated land use district maps, the subject parcel was within an BU-2
18 (Medium Business) zoning district; and
19 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
20 for all areas of the unincorporated county. On sheet 56 of the Land Use District Map,
21 the subject parcel is within a Suburban Commercial (SC) Land Use District; and
22 3. Map amendments to the Monroe County Land Use District Map shall not be
23 inconsistent with the provisions and intent of the Monroe County Comprehensive
24 Plan; and
25 4. Monroe County Code (MCC) § 102-158 states that map amendments are not intended
26 to relieve particular hardships, nor to confer special privileges or rights on any
27 person, nor to permit an adverse change in community character, analyzed in the
28 Monroe County Comprehensive Plan, but only to make necessary adjustments in light
29 of changed conditions or incorrect assumptions or determinations as determined by
30 the findings of the BOCC; and
31 5. MCC § 102-158(d)(5)b. provides that one or more of the following criteria must be
32 met for a map amendment:
33 a. Changed projections (e.g., regarding public service needs) from those on which
34 the text or boundary was based;
35 b. Changed assumptions (e.g., regarding demographic trends);
36 c. Data errors, including errors in mapping, vegetative types and natural features
37 described in volume I of the plan [the Comprehensive Plan];
38 d. New issues;
39 e. Recognition of a need for additional detail or comprehensiveness; or
40 f. Data updates; and
41
42 6. Map amendments to the Monroe County Land Use District Map shall not be
43 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
44 Critical State Concern; and
45
Ord -2016 Page 2 of 4
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WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. As required by MCC §102-158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
adverse change in community character, as analyzed in the Monroe County Year
Comprehensive Plan;
b. As required by MCC § 102-158(d)(5)b., the map amendment is needed due to data
errors and recognition of a need for additional detail or comprehensiveness; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2030 Comprehensive Plan:
a. The Urban Commercial (UC) Land Use (Zoning) District corresponds with the
subject property's Future Land Use Map designation of Mixed Use/Commercial
(MC), and is consistent with the respective density and intensity standards as set
forth in Policy 101.5.25;
b. The Urban Commercial (UC) Land Use (Zoning) District is consistent with the
purpose of the Mixed Use/Commercial (MC) Future Land Use Map designation,
as set forth in Policy 101.5.6;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
follows:
The property described as a parcel of land in Section 7, Township 59 South,
Range 41 East, Key Largo, Monroe County, Florida, having Real Estate Number
00081740.000400, is changed from Suburban Commercial (SC) to Urban
Commercial (UC), as shown on Exhibit 1, attached hereto and incorporated
herein.
Section 2. Severability. 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 validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land
Ord _-2016 Page 3 of 4
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Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
120 of the Florida Statutes.
Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The
provisions of this Ordinance shall be included and incorporated on to the Official
Land Use District Map of Monroe County.
Section 7. Effective Date. This ordinance shall become effective as provided by law and
stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 2016.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
Ord -2016
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Heather Carruthers
CODA
A TTORNEY
— A . OV ORM:
ASS(, �,•.,: i �.� ATTORNEY Date
Page 4 of 4
Exhibit 1 to Ordinance# -2016
The Monroe County Land Use District Map is amended
as indicated above.
Land Use District change of one parcel of land in Ocean Reef having Real Estate Number 00081740-000400
from Suburban Commercial (SC) to Urban Commercial (UC). N
A
r lJ
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Emily Schemper, AICP, Comprehensive Planning Manager
Date: September 22, 2016
Subject: Request by ORU Associates, Inc. to amend the Land Use District (Zoning) Map of
the Monroe County Land Development Code from Suburban Commercial (SC) to
Urban Commercial (UC) for property located at 31 Ocean Reef Drive, Ocean Reef,
Key Largo.
Meeting: October 19, 2016
I. REQUEST
On July 2, 2014, Ocean Reef Plaza, LLC, submitted an application requesting to amend the Land
Use District (Zoning) Map of the Monroe County Land Development Code from Suburban
Commercial (SC) to Urban Commercial (UC) for property located at 31 Ocean Reef Drive, Ocean
Reef, Key Largo, having real estate number 00081740.000400. On August 21, 2014, the applicant
requested that the application be held until further notice. On April 20, 2016, the applicant requested
that the application be re -instated and processed. On May 9, 2016, a warranty deed was recorded
with the Monroe County Clerk, transferring ownership of the property to ORU Associates, Inc. An
updated application form and other required documentation was submitted on July 5, 2016. ORU
Associates, Inc. (hereafter referred to as "the Applicant") is requesting the same Zoning amendment
for the property, from Suburban Commercial (SC) to Urban Commercial (UC).
Existing Zoning
Proposed Zoning
File # 2014-091 Page 1 of 7
II. BACKGROUND INFORMATION
Site Information
Location: Ocean Reef, Key Largo
Address: 31 Ocean Reef Drive, Ocean Reef Club, Key Largo
Description: A parcel of land in Section 7, Township 59 South, Range 41 East, Key Largo
Real Estate Number: 00081740.000400
Owner/Applicant: ORU Associates, Inc.
Agent: Joel Reed
Size of Site: 75,651 SF (1.7367 acres) owned outright; 9,674 SF (0.2221 acres) leased
Land Use District (Zoning): Suburban Commercial (SC)
FLUM Designation: Mixed Use / Commercial (MC)
Tier Designation: no tier (Ocean Reef is not subject to the tier system)
Flood Zones: AE (EL 9)
Existing Use: Commercial Retail and Office
Existing Vegetation/Habitat: Scarified
Community Character of Immediate Vicinity: Adjacent land has Zoning designations of
Suburban Commercial (SC), Urban Residential (UR), and Park and Refuge (PR). Adjacent
uses include commercial retail, offices, a church, and a golf course.
The subject property currently has a Zoning designation of Suburban Commercial (SC), and a Future
Land Use Map (FLUM) designation of Mixed Use / Commercial (MC). The property was within a
BU-2 (Medium Business) district prior to September 15, 1986 when it was re -designated as SC (the
final adoption of the Zoning map was in 1992) (see Exhibits 1 & 2). With the adoption of the
Comprehensive Plan's FLUM in 1997, the subject parcel was given its current FLUM designation of
MC (see Exhibit 3).
The subject property is currently developed with three retail/office buildings, surrounded by parking
lots. Per the Monroe County Property Appraiser's property record card for the site, one of the three
buildings was built in 1980; two of the buildings were built in 1982; and the total floor area of the
existing buildings is 24,673 square feet.
At its regularly scheduled meeting on July 25, 2016, the Monroe County Development Review
Committee (DRC) reviewed and discussed the proposed LUD map amendment and recommended
approval.
At its regularly scheduled meeting on August 31, 2016, the Monroe County Planning Commission
held a public hearing to review and receive public input on the proposed amendment. The Planning
Commission adopted Resolution P25-16 (see Exhibit 4), recommending approval of the proposed
amendment.
File # 2014-091 Page 2 of 7
III. AMENDMENT REVIEW
Land Use District Purpose
Per Section 130-47 of the Land Development Code, the purpose of the UC district is to designate
appropriate areas for high -intensity commercial uses intended to serve retail sales and service,
professional services and resort activities needs at a regional or multiple planning area scale. This
district should be established at discrete nodes along U.S. I and should be designed so as to serve
the needs of both residents and visitors.
The subject property serves as a central commercial hub within the Ocean Reef Club, serving both
residents and visitors of the entire Ocean Reef community. Although it is not located along U.S.1, it
is located at a primary commercial node at the intersection of Ocean Reef Drive and Anchor Drive,
an arterial roadway within the Ocean Reef Club.
The subject property currently has a FLUM designation of MC, which is consistent with the
proposed Zoning designation of UC. Therefore, no corresponding FLUM amendment is necessary.
Maximum Allocated Density and Intensity by Land Use District
The table below provides an approximation of the development potential for residential, transient
and commercial development. Section 130-156(b) of the Land Development Code states: "The
density and intensity provisions set out in this section are intended to be applied cumulatively so that
no development shall exceed the total density limits of this article. For example, if a development
includes both residential and commercial development, the total gross amount of development shall
not exceed the cumulated permitted intensity of the parcel proposed for development."
Existing Zoning
Type
Adopted
Development
Standards
Potential
Residential
3.0 du/acre
5.2 du
Allocated Density
Suburban Commercial (SC)
Transient
Maximum Allocated
10.0 rooms or
17.4 rooms or
1.74 acres
Density
spaces/acre
spaces
(75,651 sf)
Nonresidential
0.40 FAR
30,260 sf
Maximum Intensity
Proposed Zoning
Type
Adopted
Development
Standards
Potential
Residential
6.0 du/acre
10.4 du
Allocated Density
Urban Commercial (UC)
Transient
Maximum
m Allocated
Aspaces/acre
15.0 rooms or
26.1 rooms or
1.74 acres
Density
spaces
(75,651 sf)
Nonresidential
0.45 FAR
34,043 sf
Maximum Intensity
File # 2014-091 Page 3 of 7
Residential: +5.2 dwelling units
Net Change in Development Transient: +8.7 rooms or spaces
Potential Based on Zoning
Nonresidential: +3,783 sf
As shown in the table above, the proposed Zoning amendment would result in an increase in
residential development potential of 5.2 dwelling units, an increase in transient unit development
potential of 8.7 rooms or spaces, and an increase in nonresidential development potential of 3,783
square feet. Within Ocean Reef Club, Monroe County currently does not permit new permanent or
transient units beyond those included in the vested rights determination of the Ocean Reef master
planned community. Any additional development authorized will be deducted from the vested rights
determination for Ocean Reef. As such, the potential additional units do not impact the County's
ROGO balance or evacuation.
Compatibility with the Surrounding Area and Impact on Community Character
a. Existing Vegetation/Habitat: Scarified
b. Existing Tier Designation: no tier (Ocean Reef)
c. Endangered Species Habitat: zero species focus areas or buffers
d. Existing Use: Commercial Retail and Office
e. Community Character of Immediate Vicinity: Adjacent uses include commercial retail,
offices, a church, and a golf course.
The subject property is located within the Ocean Reef master planned community, and is adjacent to
existing office and commercial uses and a church. The proposed change in Zoning designation is
consistent with the commercial character of surrounding land, concentrates increased density and
intensity in a centralized area, and is located on a site where it will not impact endangered species or
habitat. It is anticipated that the proposed Zoning map amendment for the site will not result in an
adverse community change to the surrounding area.
aS
Habitat type Number of Protected Species
File # 2014-091 Page 4 of 7
IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE
PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE
A. The proposed amendment is generally consistent with the Goals, Objectives and Policies of
the Monroe County Year 2030 Comprehensive Plan. Specifically, it furthers:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying capacity
of the natural and man-made systems and the growth capacity while maintaining a maximum
hurricane evacuation clearance time of 24 hours.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the
character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
Policy 101.5.6
The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for
the establishment of mixed use commercial land use (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. In addition, Mixed Use/Commercial land use districts are to establish and
conserve areas of mixed uses, which may include maritime industry, light industrial uses,
commercial fishing, transient and permanent residential, institutional, public, and commercial retail
uses.
This future land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and nonresidential uses may
be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited.
The County shall continue to take a proactive role in encouraging the preservation and enhancement
of community character and recreational and commercial working waterfronts.
Objective 102.3
Monroe County shall maintain land development regulations which will direct new development to
areas having appropriate topography and soil conditions and to where site disturbance and man's
activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
and marine resources.
File # 2014-091 Page 5 of 7
B. The proposed amendment is consistent with the provisions and intent of the Monroe County
Code Land Development Code.
In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance
enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
Per the Applicant, the parcel was erroneously given an SC zoning from the original BU-1
zoning which allowed for the original construction of four (4) commercial buildings on the
site. Given the changed zoning the owner is not able to build to the density as originally
approved.
Staff has not been able to verify the original plans for the site which included a fourth
commercial building. Staff also points out that the property was zoned BU-2 (Medium
Business), rather than BU-1 (Light Business) prior to the adoption of the current zoning maps
in 1986. Both the BU-1 and BU-2 districts allowed 50 percent lot coverage for commercial
buildings at the time, which would have allowed additional commercial floor area beyond
that within the three existing buildings.
4. New issues;
N/A
5. Recognition of a need for additional detail or comprehensiveness; or
The subject property serves as a central commercial hub within the Ocean Reef Club, serving
both residents and visitors of the entire Ocean Reef community. Although it is not located
along U.S.1, it is located at a primary commercial node at the intersection of Ocean Reef
Drive and Anchor Drive, the main arterial roadway within the Ocean Reef Club.
6. Data updates;
N/A
In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved which will
result in an adverse community change to the planning area in which the proposed development is
located or to any area in accordance with a livable communikeys master plan pursuant to findings of
the board of county commissioners.
File # 2014-091 Page 6 of 7
Per the applicant:
The proposed amendment will not result in any adverse community change or impact
in the area in which it is located. Ocean Reef Club is a private gated community in
which all services are self contained on site. The rezoning will allow for additional
office space and retail uses on the site that were originally contemplated in order to
serve the Members of Ocean Reef Club. Rezoning will allow for the site to be able to
meet the commercial needs of the community. Rezoning will not impact any other bulk
regulations requirements such as bufferyards, setbacks, parking, etc. which are the
same for both UC and SC zoning district that otherwise if adjusted as a result of the
zoning change could result in a negative impact on the surrounding properties and
the community.
Staff points out that the Applicant's statement regarding setbacks is incorrect. If the proposed map
amendment from SC to UC is approved, the site will have a reduced primary front yard setback
requirement (15' vs 25'). However, regardless of the change in setback requirements, staff believes
that the proposed zoning amendment will not result in an adverse community change to the planning
area in which the property is located due to its location within the Ocean Reef Club private gated
community and the commercial and institutional character of the immediate area around the site.
V. STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment to the Land Use District (Zoning) Map from
Suburban Commercial (SC) to Urban Commercial (UC) for property located at 31 Ocean Reef
Drive, Ocean Reef, Key Largo, having real estate number 00081740.000400.
VI. EXHIBITS
1. Pre-1986 zoning map
2. Current Land Use (Zoning) District map
3. Current Future Land Use Map
4. Resolution P25-16
5. Proposed Zoning Map Amendment
File # 2014-091 Page 7 of 7
Exhibit 1 to Staff Report
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Exhibit 4 to Staff Report
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RESOLUTION MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
BY THE `• R•: COUNTY BOARD OF
COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND
USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL
(SC) TO URBAN COMMERCIAL (UC), FOR PROPERTY LOCATED
AT OCEAN REEF DRIVE,LARGO, OCEAN !._. CLUB,
SOUTH,DESCRIBED AS A PARCEL OF LAND IN SECTION 7, TOWNSHIP
59 LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE#00081740.000400, AS
PROPOSED BY ORU ASSOCIATES, INC; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
LAND PLANNING AGENCY AND THE SECRETARY OF
PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT
(ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ocean Reef Plaza, LLC submitted an application on July 2, 2014, for a
Land Use District (Zoning) map amendment from Suburban. Commercial (SC) to Urban
Commercial (UC) for property located at 31 Ocean Reef Drive, Ocean Reef, Key Largo, hawing
real estate number 00081740.000400; and
WHEREAS, on August 21, 2014, the applicant requested that the application be held
until further notice; and
WHEREAS, on April 20, 2016, the applicant requested that the application be re-
instated and processed; and
WHEREAS, on May 9, 2016, a warranty deed was recorded with the Monroe County
Cleric, transferring ownership of the property to ORU Associates, Inc.; and
WHEREAS, on July 5, 2016, an updated application form and other required
documentation was submitted by ORU Associates, Inc. (hereafter referred to as "the Applicant")
requesting the same Zoning amendment for the property, from Suburban Commercial (SC) to
Urban Commercial (UC); and
Resolution #P25-16
File 92014-091 Page 1 of 4
I WHEREAS, the Monroe County Development Review Committee considered the
2 proposed amendment at a regularly scheduled meeting held on the 251h day of July, 2016; and
n
4 WHEREAS, the Monroe County Planning Commission held a public hearing on the 31t
5 day of August, 2016, for review and recommendation on the proposed Land Use District
6 (Zoning) map amendment; and
7
8 WHEREAS, the Planning Commission was presented with the following documents and
9 other information relevant to the request, which by reference are hereby incorporated as part of
10 the record of said hearing:
11
12 1. Request for a Land Use District (LUD) Map Amendment application, received by the
13 Planning & Environmental Resources Department on July 2, 2014 and updated on
14 July 5, 2016 (File 92014-091); and
15 2. Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated
16 August 18, 2016; and
1.7 3. Sworn testimony of Monroe County Planning & Environmental Resources
18 Department staff, and
19 4. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
20 Planning Commission Counsel; and
21 5. Sworn testimony of the applicant; and
22
23 WHEREAS, based upon the information and documentation submitted, the Planning
24 Commission mares the following Findings of fact:
25
26 1. Prior to the 1986 adoption of the County's current land development regulations and
27 their associated land use district maps, the subject parcel was within an U-2
28 (Medium Business) zoning district; and
29 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
30 for all areas of the unincorporated county. On sheet 56 of the Land Use District Map,
31 the subject parcel is within a Suburban Commercial (SC) Land Use District; and
32 3. The subject parcel has a Future Land Use Map designation of Mixed Use/Commercial
33 (MC); and
34 4. Map amendments to the Monroe County Land Use District Map shall not be
35 inconsistent with the provisions and intent of the Monroe County Comprehensive
36 Plan; and
37 5. Monroe County Code (MCC) §102-158 states that map amendments are not intended
38 to relieve particular hardships, nor to confer special privileges or rights on any
39 person, nor to permit an adverse change in community character, analyzed in the
40 Monroe County Comprehensive Plan, but only to mare necessary adjustments in light
41 of changed conditions or incorrect assumptions or determinations as determined by
42 the findings of the BDCC; and
Resolution #P25-16
File 92014-091 Page 2 of 4
1 6. MCC §102-158(d)(5)(b) provides that one or more of the following criteria must be
2 met for a map amendment:
3 a. Changed projections (e.g., regarding public service needs) from these on which
4 the text or boundary was based;
5 b. Changed assumptions (e.g., regarding demographic trends);
6 c. Data errors, including errors in mapping, vegetative types and natural features
7 described in volume 1 of the plan [the Comprehensive Plan];
8 d. New issues;
9 e. Recognition of a need for additional detail or comprehensiveness; or
10 f Data updates; and
11
12 7. Map amendments to the Monroe County Land Use District Map shall not be
13 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
14 Critical State Concern, and
15
16 WHEREAS, based upon the information and documentation submitted, the Planning
17 Commission makes the following Conclusions of Law:
18
19 1. The proposed map amendment is consistent with the provisions of the Monroe
20 County Code:
21
22 a. As required by MCC §102-158, the map amendment does not relieve particular
23 hardships, nor confer special privileges or rights on any person, nor permit an
24 adverse change in community character, as analyzed in the Monroe County
25 Comprehensive Plan;
26 b. As required by MCC § 102-158(d)(5)b., the map amendment is needed due to
27 recognition of a need for additional detail or comprehensiveness; and
28
29 2. The proposed map amendment is consistent with the provisions and intent of the
30 Monroe County Comprehensive Plan:
31
32 a. The Urban Commercial (UC) Land Use (Zoning) District corresponds with the
33 Future Land Use Map designation of Mixed Use/Commercial (MC), and is
34 consistent with the respective density and intensity standards as set forth in Policy
35 101.5.25;
36 b. The Urban Commercial (UC) district Land Use (Zoning) Districts is consistent
37 with the purpose of the Mixed Use/Commercial (MC) Future Land Use Map
38 designation, as set forth in Policies 101.5.6; and
39
40 3. The proposed map amendment is not inconsistent with the Principles for Guiding
41 Development in the Florida Keys Area of Critical State Concern;
42
43 NOW THEREFORE, E IT RESOLVED BY THE PLANNING COMMISSION
44 OF MGM OE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
45 Law support its decision to recommend approval to the Board of County Commissioners of the
46 proposed amendment to the Land Use District Map of the Monroe County Land Development
Resolution #P25-16
File #2014-091 Page 3 of 4
ffil
17
18
19
20
21
22
23
24
25
26
Code from Suburban Commercial (SC) to Urban Commercial (UC) for property located at 31
Ocean Reef Drive, Ocean Reef, Key Largo, described as a parcel of land in Section 7, Township
59 South, Range 41 East, Key Largo, Monroe County, Florida, having Real Estate Number
00081740,000400.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 3 1 " day of August, 2016.
Denise Werling, Chair —Yes
William Wiatt, Vice -Chair —Yes
Beth Ramsey-Vickrey, Commissioner —Yes
Elizabeth Lustburg, Commissioner —Yes
Ron Miller, Commissioner —Yes,
PLANNING CSSION OF M COUNTY, FLORIDA
By
44
Denise Werling, Chair
Signed this _ YA day of
Monroe County Planning Commission Attorney
Resolution #P25-16
File #2014-091
Page 4 of 4
Growth K
We strive to
The Monroe County
be amended as indice
Key: Ocean Reef Mlle
Acreage: 1.8
Ordinance No.:
Date of Adoption: _
Proposal: Land Use change o
Urban Commercial i
Property Description:
RE Number: 00081740-000400
This mnp is for use by the Monma County Growth
County of Monroe
Growth Management Division
Planning & Environmental Resources
Dep
artment
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 299-2500
FAX: (305) 289-2536
0MOVOW
2100 Coraf Way
Suite 600
Miami, FL 33145
tQT1TXFTVMTRM7—RrTVM
Miami, FL 33133
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tem Heather Carruthers, Dist. 3
Danny Kolhage, Dist. I
David Rice, Dist, 4
Sylvia J. Murphy, Dist. 5
SUBJECT: LETTER OF UNDERSTANDING CONCERNING A PROPOSED
ADDITION TO THE OCEAN REEF PLAZA BUILDING, LOCATED AT
31 OCEAN REEF DRIVE, OCEAN REEF, KEY LARGO, HAVING REAL
ESTATE NUMBER 00081740.000400
93=
Pursuant to § 110-3 of the Monroe County Code (MCC), this document shall constitute a Letter
of Understanding (LOU). On March 28, 2013, a Pre -Application Conference regarding the
above -referenced property was held at the office of the Monroe County Planning &
17--nvirom,nental Resources Department in Marathon. Attendees of the meeting included Gabriel
red to as ` i R . ''-4 . - . ! •I A �,
Planning & Development Review Manager, and Michael Roberts, Senior Administrator of
Environmental Resources (hereafter referred to as "Staff').
W
(a) Pre -Application Conference Request Form;
(b) Monroe County Property Record Card;
(c) Monroe County Land Use District Map and Future Land Use Map;
(d) Boundary Survey by Joseph J. Steinocher, dated January 3, 1996; and
(e) Site Plans by Miguel Font Architects Inc., (A-1) dated January 31, 2001 and (A-2) August
13,2002.
3. According to the boundary survey submitted with the application, which is consistent with
the Monroe County GIS database, the property consists of 1.7367 acres of land area. The
site plans submitted with the application indicate that the site consists of 1.96 acres (85,325
SF) of land area. The boundaries of the site as shown on the site plans are consistent with
the boundaries of the site as shown on the boundary survey submitted with the application.
However, the boundary survey describes a portion of the site, 0.2221 acres, as "Leased
Property Not A Part Of Condominium." The Property Appraiser's records indicate that this
area is assessed as part of a separate, larger parcel identified as RE #00081740.000000,
owned by Ocean Reef Club Inc.
Note: A notation on the property record card incorrectly states that the parcel identified as
RE 00081740.000400 consists of 1.57 acres.
The Applicant should be aware that development rights associated with a lessee are not the
same as those associated with a property owner and as such a leased area cannot be utilized
for compliance with several land development regulations, including but not limited to,
required density/intensity, setbacks, open space, parking, or landscaping.
In 1977, the Monroe County Zoning Board approved the "overall conception of the Master
Plan of Ocean Reef' as a major development project in accordance with Ordinance #21-75.
This approval was memorialized by an unnumbered resolution dated August 25, 1977.
2. In 1995, Ocean Reef Club, Inc. entered into a development agreement with Monroe County
and the Florida Department of Community Affairs (DCA). The purpose of the agreement
was to allow Ocean Reef Club, Inc. to shift the location of some existing service facilities,
expand certain existing service facilities, create additional service and recreation facilities,
and rezone certain property necessary to accomplish the aforementioned actions.
3. In 1997, the Master Plan for Ocean Reef was vested under Resolution #70-1997. The
Master Plan for Ocean Reef was formerly vested under Resolutions #478-1988 and #539-
1988.
4. In 1997, the Board of County Commissioners denied a request for a variance to the flood
plain management regulations in order to permit commercial space below base floor
elevation of the building.
5. Concerning the three existing buildings, building permits are not on file for their initial
construction. The buildings may have been permitted by Building Permits #C-8856, #C-
7848 and/or #C-8698; however only the certificates of occupancy are on file for these
permits and the legal descriptions on the certificates are incomplete.
Per the Monroe County Property Appraiser's property record card, Building #1 consists of
approximately 8,034 SF and was built in 1980, Building #2 consists of approximately 8,320
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 3 of 12
i
SF and was built in 1982, and Building #3 consists of approximately 8,319 SF and was built
in 1982.
Although the initial building permits for the existing buildings are not on file, several
subsequent building permits have been issued for improvements to the buildings and
property.
The following land development regulations directly affect the proposal; however, please
note that there are other land development regulations which may govern future development
not referred to nor described in this letter.
Development on the property (RE 00081740.000400) shares facilities with another property
(RE 00081740.000000), namely for additional parking area. Pursuant to MCC § 130-166,
any development that has or is a part of a common plan or theme of development or use,
including, but not limited to, an overall plan of development, common or shared amenities,
utilities or facilities, may be aggregated for the purpose of determining permitted or
authorized development and compliance with each and every standard of the Monroe
County Land Development Code and for the purpose of determining the appropriate form
of development review.
2. The property is currently within a Suburban Commercial (SC) district. Consistent with the
boundary line of the land use district, the property is within a Mixed Use/Commercial (MC)
Future Land Use Map (FLUM) category.
3. Due to the property's location in Ocean Reef Club, the property was not assigned a tier
designation and as such is not subject to regulations associated with the tier system
(Monroe County Comprehensive Plan Policies 105.2.1 and 205.1.1 and MCC § 130-130).
4. The proposed redevelopment would be consistent with the purpose of the SC district, which
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.
Further, it would be consistent with the purpose of the MC future land use category (Policy
101.4.5), which is to 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.
5. The Applicant is not proposing any new land uses, only an addition that would expand the
floor area associated with existing land uses. Currently, the property is developed with
office and low intensity commercial retail uses.
Two proposed site plans were submitted. Both are attached to this letter.
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File 02013-026) Page 4 of 12
According to the proposed site plan A-1, the three existing buildings consist of 9,975 SF
each. The plan also notes the existence of three enclosed service areas, each consisting of
574 SF, and three stairway areas, each consisting of 235 SF. It is unclear as to whether a
single enclosed service area and stairway is attributed to each building. Further, it is
uncertain as to whether the enclosed service areas are covered and as to whether the
stairways are covered and enclosed. The new building would also consist of 9,975 SF. As a
result, if the enclosed service areas and stairways are defined as floor area, the total square
footage on the property would be 42,858 SF.
The square footage amounts shown on the proposed site plan A-1 significantly differ from
those documented in the Property Appraiser's records: 9,975 SF (all buildings, including
the proposed fourth not shown in the Property Appraiser's records) versus 8,034 SF
(building #1), 8,320 SF (building #2) and 8,319 SF (building #3). Further, the square
footage amounts on the proposed site plan A-1 differ from those shown on proposed site
plan A-2: 9,975 SF (all buildings) versus 9,950 SF (existing building A), 9,615 SF (existing
building B) and 9,615 SF (existing building C) and 4,500 SF (new building D).
As part of any building permit application that would result in additional floor area on the
site, the Applicant must submit documentation by a qualified professional (i.e. architect)
providing the exact amounts of floor area within the existing buildings. As, maximum land
use intensity requirements and other regulations are dependent on total floor area,
approximations are not acceptable. As defined in MCC §101-1, floor area means the sum
of the gross horizontal areas of each story of the principal building, measured from the
exterior walls or from the centerline of party walls, including the floor area of accessory
uses and of accessory buildings and structures.
Concerning uses of the buildings, as defined in MCC §101-1, office means a use where
business, professional or governmental services are made available to the public.
Commercial retail use means a use that sells goods or services at retail. Commercial retail
uses are divided into the following three classifications: 1) Commercial retail low -intensity
means commercial retail uses that generate less than 50 average daily trips per 1,000 SF of
floor area; 2) Commercial retail medium -intensity means retail uses that generate between
50 and 100 average daily trips per 1,000 SF of floor area; and 3) Commercial retail high -
intensity means retail uses that generate above 100 average daily trips per 1,000 square feet
of floor area.
The Applicant did not formally propose, but mentioned the possibility of a fitness center
within the new building. A fitness center, or health club, is not considered an office or
commercial retail use. It is a commercial recreation use. As defined in MCC §101-1,
commercial recreation, indoors, means a use designed and equipped for the conduct of
sports and leisure -time activities operated as a business and providing completely enclosed
recreation activities. This definition includes, but is not limited to, bowling, tennis and
racquetball courts, miniature golf, driving ranges, theatres, health clubs and swimming
pools.
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 5 of 12
Pursuant to MCC § 130-93, office and low/medium commercial retail uses of less than
2,500 SF, commercial recreational uses (with limitations, but including health clubs), and
accessory uses may be permitted as of right. Low/medium commercial retail uses of greater
than 10,000 SF (with restrictions) may be permitted with a major conditional use permit.
Normally, project of such use and floor area that is located in the SC district would
majorrequire a ► 1 permit. However, per
1project1
require such conditional u- permit review. The subject propertyReef
Per 1development a as a conditional
planned community of 100 or more acres in area shall be reviewed and processed as a use
permitted as 1f right. A pre -application conference• , 1 prior
for development approval listed as a conditional use (which is the subject of this letter).
Ocean Reef Club is a lawfully gated community of over 100 acres. Although1', formally
Wroved throjigh a Co
plannedClub as a master communityon several occasions, specifically within Resolutions
#478-1988,1; 1 91Further,1 1- County ComprehensivePlan
Policies105.2.1 d 205.1.1
community/development.
As defined in MCC § 101-1, master planned community means any master planned
community subject to a master plan or other development order approved by the County
where public access is restricted and the community is operated and maintained by the
community including the provision of comprehensive, private utilities and transportation
facilities and services within its boundaries and a homeowners association or similar entity
which regulates development standards and monitors development requests by its members.
6. In the SC district, the following land use intensities apply:
Office
0.40
75,651 SF
30,260 SF
Unknown
TBD
1.7367 ac
Commercial
0.35
75,651 SF
26,478 SF
Unknown
TBD
low-intensi
1.7367 ac
Commercial
0.10
75,651 SF
7,565 SF
Unknown
TBD
Recreation
1.7367 ac
Cumulative Total
TBD
* The site plan submitted with the application indicates that the site consists of 1.96 acres
(85,325 SF) of land area. However, this total includes a leased area, not under common
ownership.
** The Applicant did not provide any information related to the breakdown of different uses.
Further, the two proposed site plans depict different building square footages.
Please be aware that if any area is leased and not purchased, the property owner cann
utilize such area for floor area ratio purposes as the lease may expireor be voided,'
unlawful nonconformity would be established). I
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 6 of 12
with the most liberal 0.40 FAR.
Aowever, the total on the proposed site plan A- I may be inaccurate. Using the Property
Appraiser figures, there is 24,673 SF of existing floor area — allowing an additional 5,587
SF if the buildings "/ for office
proposed site plan A-2, there is 29,160 SF of existing floor area — allowing an additional
1,100 SF if the buildings are entirely used for office use which has the highest FAR (note:
the 29,160 SF total was provided on a table by the architect, Staff's calculations indicate the
total square footage would be 33,680 SF).
The following table would apply if the leased area as shown on the proposed site plans is
purchased:
Office
0.40
85,325 SF
34,130 SF
Unknown
TBD
Commercial
0.35
85,325 SF
29,863 SF
Unknown
TBD
(low -intensity)
Commercial
0.10
85,325 SF
8,532 SF
Unknown
TBD
Recreation
1
Cumulative Total
TBD
The Applicant did not provide any information related to the breakdown of different uses.
Further, the two proposed site plans depict different building square footages.
district,7. In the SC open spacea of 0.20 or 1 percent.•
exact measurement could not be performed with the information provided, as proposed, it
appears that the open space ratio would be in compliance.
8. The required non -shoreline setbacks in the SC district are as follows: Front yard — 25'; Rear
yard — 10'; and Side yard — 10'115' (where 10' is required for one side and 15' is the
minimum combined totalof both sides).
The property is a double -frontage property. It has a front yard requirement of 25' along the
right-of-wayof Anchor !nt yard requirement of alongright-of-way of
Ocean Reef Drive, a side yard requirement of 0'
setback.
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 7 of 12
Pursuant to MCC § 114-67(e)(4), the Director of Planning & Environmental Resources may
grant a reduction of up to 25% in the number of required parking spaces for nonresidential
uses, located within a gated community, provided an equivalent number of parking spaces
are provided and designed to accommodate golf carts, a neighborhood electric vehicle, or
similar four wheeled vehicles.
While the most recent proposed site plan A-2 shows a compliant number of parking spaces
(128), a) some new parking spaces are located in required setbacks; b) some new parking
spaces do not have the minimum 24' minimum two way aisle width on -site for vehicles to
back up from a 90 degree parking space; and c) some parking spaces are located within the
leased area.
Concerning a), the County cannot approve an application that expands a nonconformity.
Although the existing parking area's configuration is lawful and may continue to exist as it
was approved, modifications to the parking area within a required setback require a
variance in accordance with MCC § 102-186 and/or § 102-187.
Concerning b) there are no variances to the minimum aisle widths, so the site plan must be
modified to meet the standards set forth in the preceding table and MCC § 114-67(b).
Concerning c), required parking cannot be located in a leased area. As shown on the
proposed site plan A-2, 21 of the 128 parking spaces are entirely within the leased area and
an additional 14 parking spaces may be partially located in the leased area (the lease line is
not depicted). If 35 parking spaces are within or partially within the leased area, only 93 are
located on -site. In order to resolve this issue, the Applicant must a) redesign the parking
area to have the required number of parking spaces located entirely on -site; b) obtain a
variance to the required amount of on -site parking pursuant to MCC §102-186 and/or MCC
§102-187; or c) enter into a formal parking agreement with the property owner of the leased
area and the County in accordance with MCC § 114-68.
10. All non-residential uses with 2,500 SF to 49,000 SF of floor area are required to have a
loading/unloading space, measuring I I' by 55'. A loading/unloading space is not shown on
the proposed site plan.
11. Since the parking area contains six or more spaces and is within a SC district, a class "A"
landscaping standard is required. Class "A" landscaping is described/illustrated in MCC
§114-100.
A landscape plan was not submitted with the letter of understanding application for review.
Existing vegetation may satisfy or partially satisfy this requirement.
12. A land use district bufferyard is required. Across Ocean Reef Drive, there is an Urban
Residential (UR) district. Along the SC/UR boundary line, a class "C" district boundary
bufferyard is required. A class "C" bufferyard has a minimum width of 10' and its planting
requirements are described/illustrated in MCC § 114-128.
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 9 of 12
A landscape plan was not submitted with the letter of understanding application for review.
Existing vegetation may satisfy or partially satisfy this requirement.
13. In accordance with MCC § 118-7(1), to the maximum extent practicable, development shall
be sited so as to preserve all listed threatened, endangered, commercially exploited, and
regionally important native plant species and all native trees with a diameter at breast height
(DBH) of greater than 4". This requirement applies to all plants. If the proposed
improvements require the removal of native trees with a DBH of greater than 4" mitigation
will be required.
A landscape plan was not submitted with the letter of understanding application for review.
14. There are four existing access drives to the site, two that provide access to/from Anchor
Drive and two that provide access to/from Ocean Reef Drive. As shown on the proposed
site plan, access to the site would not be modified.
15. A stormwater management plan shall be required as a part of any building permit
application that involves modifications to the site. This plan shall detail pre and post
development water flow and storage on site with supporting calculations. Pursuant to MCC
§ 114-3(e), water management areas shall be legally reserved to and maintained by the
operational entity and be dedicated on the plat, deed restriction, or easements. Any change
in the use of the property must comply with this regulation and any other requirements of
the Comprehensive Plan and the Land Development Code. Stormwater management areas
shall be connected to a public road or other location from which operation and maintenance
means of access are legally and physically available to the operational entity, in accordance
with county land development regulations governing subdivision of land. As provided in
MCC § 114-3 (g), it is the responsibility of the applicant to provide a stormwater
management plan for the development that contains sufficient information for the planning
director to evaluate the environmental and stormwater discharge characteristics of the
affected areas, the potential and predicted impacts of the proposed activity on community
waters, and the effectiveness and acceptability of those measures proposed by the applicant
for reducing adverse impacts. The stormwater management plan shall contain maps, charts,
graphs, tables, photographs, narrative descriptions, calculations, explanations, and citations
to supporting references, and any additional information deemed necessary by the planning
director. The stormwater management plan must be sealed by an engineer registered in the
state with experience in stormwater management and drainage design.
16. No structure or building shall be developed that exceeds a maximum height of 35'. Height
means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding chimneys; spires and/or steeples on structures used
for institutional and/or public uses only; radio and/or television antenna, flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting
structures with attached antenna and/or collocations as permitted in MCC Chapter 146.
However, in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the applicable height limitations. Grade
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 10 of 12
means the highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to
the structure, whichever is higher.
Building elevations were not submitted with the letter of understanding application for
review.
17. No building permit shall be issued by the county for impact -producing development unless
the applicant has paid the applicable impact fees. Therefore, for redevelopment that
increases the amount of non-residential floor area above that existing on the site prior to
redevelopment, an impact fee(s) will be assessed.
Prior to any building permit application, the applicant must a) purchase the leased area
included for use on the proposed site plan or b) carry out significant revisions to the
proposed site plan showing that the development would be compliant with all applicable
regulations on the existing 1.7367 acre site. Any purchase agreement must be included in
the building permit application. As previously mentioned in this letter, the Applicant should
be aware that a lease is not the same as a land purchase and a leased area cannot be utilized
for required land use intensity/density, setbacks, open space, parking, or landscaping.
2. Pursuant to MCC § 134-48, concerning the Non -Residential Rate of Growth Ordinance
(NROGO), no building permit shall be issued after January 4, 1996, that results in
additional nonresidential floor area on a site unless that nonresidential development has
received a nonresidential allocation award or is determined to be exempt as provided in
MCC § 138-50.
New development in Ocean Reef is not affected by the NROGO. Pursuant to MCC § 138-
50(2), areas exempted from residential ROGO permit allocation are exempted from the
NROGO permit allocation system. Pursuant to MCC § 138-22(3), all residential dwelling
units to be located in the Ocean Reef planned development are deemed not to increase
hurricane evacuation times.
3. Prior to the issuance of any building permit, if such review is required, all proposed
development shall be found in compliance by the Monroe County Building Department and
the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant
coordinate with these offices prior to application submittal. The Planning & Environmental
Resources Department does not review for compliance with the Florida Building Code.
4. The property is designated within AE-EL 9 flood zone on the Federal Emergency
Management Agency (FEMA)'s flood insurance rate maps. All new structures or structures
that are substantially improved must be built to floodplain management standards that meet
those for flood protection.
Ocean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page l l of 12
5. All development shall be required to meet all standards and requirements of the Americans
with Disabilities Act (ADA).
E3
Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter
as accurate under the regulations currently in effect. This letter does not provide any vesting to
the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the
project will be required to be consistent with all regulations and policies at the time of
development approval. The Department acknowledges that all items required as a part of the
application for development approval may not have been addressed at the meeting, and
consequently reserves the right for additional comment.
You may appeal decisions made in this letter. The appeal must be filed with the County
Administrator, I 100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application ti
Planning Commission Coordinator, Monroe County Planning & Environmental Resource2!
Department, 2798 Overseas Highway, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter, or if we may further assist you with your project, please feel free to contact our
Marathon office at (305)289-2500.
CC: Mayte Santamaria, Assistant Director of Planning
Joseph Haberman, Planning & Development Review Manager
Michael Roberts, Senior Administrator of Environmental Resources
Reynaldo Ortiz, Planning & Biological Plans Examiner Supervisor
,*cean Reef Plaza - Ocean Reef, Letter of Understanding (File #2013-026) Page 12 of 12
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STATE OF FLORIDA
CHARLIE GRIST
Governor
December 23, 2010
David Ritz
Ocean Reef Community Association
24 Dockside Lane 4505
Key Largo, F1 33037
Re: Ocean Reef Club Vesting
THOMAS G. PELHAM
seaetary
The Department of Community Affairs has carefully considered the facts presented and
the request made on behalf of your client, Ocean Reef Community Association, in a letter from
Colleen Castille dated Novemb-,r 29, 2010, as well as the Vested Rights Summary and other
supporting documentation accompanying your letter.
The Department has reviewed the provisions of the vested rights documents referenced in
your letter, i.e., the 1975 Binding Letter of Interpretation of Rights (the "Binding Letter") and
attachments thereto identifying 2001 residential units, the 1988 Finding of Facts, Conclusions of
Law and Order (the "Vested Rights Order") identifying 350 transient units, and the Harbor
Course Plats (last approved in 1989) that were subsequently determined (by Monroe County
BOCC Resolutions 163-1998 and 192-1998) to be vested for 312 residential units -under the
vested rights procedure of the 2010 Comprehensive Plan for a total of 2663 vested units. We also
reviewed Exhibits A and B to your letter, i.e., a Master Property List identifying the location and
housing type of each of the existing 1838 residential units within Ocean Reef ("Exhibit A" to
your letter) and a summary of existing Ocean Reef commercial parcels C'Exhibit B" to your
letter) identifying each developed commercial parcel by existing lot coverage and by the
applicable zoning category under the terms of the 1988 Vested Rights Order.
By its terms, the Monroe County Vested Rights Order specifically authorizes
"completion of the Development by use and density categories in existence, as of September 15,
1986" (i.e., the zoning districts depicted on the "Master Development Plan, Existing Zoning",
Ocean Reef Club, dated August 1986). The Department concurs that the above -referenced
Monroe County Vested Rights Order and Resolutions collectively vest the development rights
granted in the Ocean Reef Master Development Plan; accordingly, ROGO and NROGO
regulations adopted in and after 1992 are inapplicable to Ocean Reef with respect to the vested
2669 SHUMARD OAK BOULEVARD + TALLAHASSEE. FL 32399-2100
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David Ritz
December 23, 20 10
Page 2
development rights only. However, all state and federal wetland and environmental regulations
including subsequently enacted environmental provisions in the Monroe County Comprehensive
Plan and Land Development Regulations are applicable to the Ocean Reef Club except for lot
clearing which is limited to forty percent. Finally, all of the vested permanent and transient units
of the Ocean Reef Club are subject to the South Florida Regional and Monroe County Hurricane
Evacuation Model runs, and are not eligible to be transferred outside of Ocean Reef Club due to
their ROGO exemption.
This conclusion is consistent with the acknowledgment in my July 13, 2009 letter to Ms.
Castille, which the Monroe County Vested Rights Order and numerous actions since that time
continue to vest the Ocean Reef Club. Of the 2,663 vested dwelling units, the above referenced
documents indicate that 1,838 residential and transient units have been built, while 200 transient
units and 625 other residential units are vested for future development within Ocean Reef and are
subject to recognition and authorization by Monroe County. I
Sincerely yours,
Thomas G. Pelham
Secretary
re's
Enclosure(s)
Colleen Casti lie letter dated November 29, 2010
Vested Rights Summary: Ocean Reef
CC'
Christine Hurley, Monroe County Growth Management Director
1 2663 units vested = 2001 residential, 350 transient, 296 Harbor course, plus 16 zero lot line (this
number includes transient and workforce)
1838 units built = 753 single family home, 816 condo, 150 transient units, 119 results:
825 vested units remaining
1) Letter with specific request for recognition of vested rights and exempting
Ocean Reef Club from ROGO and NROGO limitations in Monroe County
2) Support Document for letter: Residential Vested Rights Summary and
Commercial Vested Rights Summary
3) Exhibit A: Unit by Unit Street by street listing of Residential units, including
single family homes, multifamily condominiums, attached and detached
and workforce housing.
4) Exhibit B: Unit by Unit listing of commercial property.
9) 1975 Department of Administration, Division of State Planning Veste,!-'
Rights Letter fo r ea ch subdivision of Ocea n Reef and n um ber of units,
excluA ing Harbor Course.
ko) Letter from Secretary Tom Pelham to Colleen Castille erroneously
recognizing only 2000 units vested under previous county actions. (Gives
rise to the research of historical documents vesting units and square
footage within the Ocean Reef development.
CASTILLE, DEFOOR & ARMSTRONG
Where Business, Environment & Government Come Together
\I2C:i�l-'ia1*." M01
Hon. Thomas G. Pelham, Secretary
Department of Community Affairs
255 Shumard Oak Blvd.
Tallahassee, FL 32399
tom.pelham(c-DCA.State.FL.US
Dear Secretary Pelham,
We represent Ocean Reef Community Association (ORCA) with respect to its
vested rights as a Development of Regional Impact, as initially established by
the July 11, 1975 Binding Letter of Interpretation of Rights (the "Binding Letter")
signed by R.G. Whittle, Jr. In a letter to you dated April 16, 2010 Hugh J.
Morgan, Esq. confirmed that the vested rights documents referenced, i.e., the
Binding Letter and subsequent Vested Rights Orders, collectively vest the right
to develop the planned Ocean Reef development pursuant to the approved
1977 Ocean Reef Master Plan (the "Development Order"), including no fewer
than 2663 dwelling units at Ocean Reef. I am now following up on your
suggestion that ORCA apply for an updated letter recognizing development
historically vested and documented in reference to Ocean Reef by Monroe
County. Those vested rights are addressed below, with separate consideration
given to applicable density and intensity limitations.
The Binding Letter vested the 2,001 lots on the list of "Ocean Reef Subdivisions as of
July 1, 1973". An additional 312 Harbor Course lots were subsequently determined to be
vested under Vested Rights Orders (the 1988 Vested Rights Order, followed by
Resolutions 163-1998 and 19:2-1998 and related Settlement Agreement) that vested an �
additional 312 units within Sections of Harbor Course South.
200 W. College Avenue, Suite 308 1 Tallahassee, FI 32301
Office:850.681.6465 1 Go Green Strategies. corn
•va =F L I
November 29, 2010
Page Two
In order to determine the number of dwelling units remaining to be built within
the Ocean Reef planned development, ORCA retained planning consultants t*
prepare a comprehensive list of all existing dwelling units within Ocean Reef.
Attached hereto as Exhibit A is the "Ocean Reef Club Master Property List —
Dwelling Units", that identifies all existing units by street address 2 . The data
utilized in creating that list were compiled by ORCA's consultants with tha.
assistance of the Monroe County Property Appraiser's Office and ORCA staff.
Data were cross-referemced and then verified by examination of aerial
photographs, in order to ensure accuracy of unit count for existing single-family
residences (SFR's) muld-family (condominium and employee housing) units,
and transient dwelling (hotel) units.
The total existing unit count documented in the attached Master Property LA
is 1,838 units, categorized as follows: I
816 attached condominium units
753 SFRs (including 26 detached land condominium uni
150 hotel units
119 four -bedroom employee housing units
The 1988 Vested Righis Order found that a total of 350 transient (RU-7) units
were vested, of which 145 units existed as of 1988 and an additional 205 units
remained to be completed.3 As documented on the attached Master Property
List, a total of 150 hotel units were constructed in Marlin, Dolphin, Pompano
and Amberjack Buildings, resulting in a net number of 200 vested unbuilt
transient dwelling units. Accordingly, subject to the additional limitation of
maximum lot coverage (addressed below), the right to construct 200 additional
transient dwelling units is vested.
I
� The street addresses listed on the spreadsheet are internal to Ocean Reef, and are
utilized to assure consistency and ease of locating each unit.
3 Vested Rights Order, P. 6
F
November 29, 2010
Page Three
In summary, 1,838 of the 2,663 vested dwelling units have been constructed,
200 transient dwelling units are vested for future construction, and there remain
625 other vested unbuilt residential units. However, my clients recognize that
that (a) only 111 pWed vacant lots remain in Ocean Reef, and (b) the
development potential of some of those lots is limited by State and Federal
environmental protection laws.
The 1988 'Tested Rights Order encompasses the entire Ocean Reef CIzAs
complex, residential and commercial, and vests the development described in
the 1977 Master Plan of Ocean Reef, specifically authorizing "completion of the
Development by use and density categories in existence, as of September 15,
19W"". ORGA has undertaken a determination of the extent of commercial
development that has been completed and that remains to be completed under
the terms of the 1988 Vested Rights Order.
In order to accomplish that task, ORCA's consultants reviewed and
summarized records of -the Monroe County Property Appraiser's office (current
as of June 8, 2010) and records from historical and working files maintained by
the Ocean Reef Club and Ocean Reef Community Association. Those records
were utilized to compile a summary of existing commercial parcels, attached
hereto as Exhibit B, that identifies each developed commercial parcel both by
existing lot coverage and by the zoning category,5 in which the parcel was
located on, the effective date of the 1988 Vested Rights Order.
4 Vested Rights Order, p. 7
5 i.e., the zoning districts depicted on the "Master Development Plan, Existing Zoning",
Ocean Reef Club, dated August 1986.
Lefler to Secretary Pelham
November 29, 2010
Page Four
Next, total acreage available for hotel use was calculated. According to the
1988 Vested Rights Order, land subject to RU-7 zoning comprised 13.99
acres, or 609,404 square feet. Existing lot coverage of former RU-7 land is
129,168 square feet or 21% existing lot coverage, substantially below
maximum lot coverage.6 Accordingly, undeveloped land in former RU-7 zoning
category remains available to accommodate vested hotel development rights
for 200 units.
Finally, existing lot coverage of all parcels zoned BU-2 was calculated and
contrasted with total acreage in that zoning district. According to the 1988
Vested Rights Order, BU-2 acreage comprised 72.6 acres, or 3,162,456 square
feef. . Existing lot coverage of former BU-2 land is 278,365 square feet.
Assuming application of -the most restrictive5 lot coverage limit, it is evident that
remaining undeveloped land in former BU-2 zoning category will accommodate
additional vested commercial development (the exact extent of which will be
determined at the permitting stage, based on the applicable BU-2 sub-
classification and remaining available lot coverage).
6 Applicable 1986 zoning regulations limiting RU-7 (hotel) development were analyzed.
The controlling limitation is lot coverage, stated as follows:
Section 19-202 — RU-7 (h)(4) a & b, "Land Coverage"
a. Buildings twenty-five (25) feet high or less, 33%-,
b. Buildings over twenty-five (25) feet high, 3 1 %.
7 Subsequent to vesting, the BU-2 area abutting Pumpkin Creek was dedicated to
preservation, thereby eliminating the development potential of that area.
Section 19-2- 217 — BU- (d)(1)(i) & (d)(2)(1)
Warehousing , 40%
Marine oriented businesses, 50%
Letter to Secretary Pelham
November 29, 2010
Page Five
In conclusion, we respectfully request the issuance of an updated letter
confirming the continued existence of the vested right to complete the
development described in the 1977 Master Plan of Ocean Reef under the
density and intensity provisions referenced above, notwithstanding the
provisions of subsequently -enacted growth management restrictions (other
than the above -referenced environmental laws). We request an affirmative
statement that the development shall continue to be governed by, and may be
completed in reliance upon and pursuant to, the Development Order.
On behalf of the Ocean Reef Community Association, I wish to express my
client's appreciation for the cooperation and assistance that of your staff and for
your personal attention to this matter.
Sincerely,
Colleen M. Castille
Enclosure: Vested Rights Summary based upon historical vesting documents.
cc: Suzanne Hutton, Monroe County Attorney
Christine Hurley, Moniroe County GMD Director
1975 Binding Letter: 2,001 residential units
�.^- � - ■s • a rr - r
2. 1988 Vested Rights determination: 350 transient residential units
This "Finding of Facts, Conclusions of Law and Order"was issued in 1988 by
a Hearing Officer at the conclusion of an adversary proceeding initiated by
Ocean Reef Club, By Resolution 478-1988, the BOCC adapted and
transmitted this Vested Rights Order. An Amended Order was issued by the
Hearing Officer on 19 August, 1988, correcting two scrivener's errors; that
Order (the "Vested Rights Order") was adapted and transmitted by BOCC
Resolution 539-1988 dated 18 October, 1988, The Vested Rights Order was
issued pursuant to Monroe Coun':y's Vested Rights hearing process, which
was created to determine the extent of, and to protect, development rights
that had vested under Monroe County's prior zoning laws.
The Vested Rights Order encompasses the entire Ocean Reef Club complex
and vests the development described in the 1977 Master Plan of Ocean Reef,
specifically authorizing "completion of the Development by use and density
categories in existence, as of September 15, 1986. ,3. By vesting commercial
as well as residential development rights, the Vested Rights Order exceeds
the scope of the Binding Letter, which addressed only residential subdivision
units. Among its notable findings is the determination that a total of 350
transient (RU-7) units are vested, of which 145 units existed as of 1988 and
an additional 205 units remained to be completed.4 Subsequently, 5 of those
205 units were constructed, leaving 200 transient units remaining to be built.
3. Harbor Course Platted lots and zero lot line units: 312 units
1 1975 Binding Letter nine page attachment, p.3
i.e., the Euclidian zoning system in effect prior to enactment of Monroe County's
erfarmance-teased LDR-s on Sept. 15, 1986.
Vested Rights Order, p. 7
Vested Rights Order, p_ 6
20 zero lot line residential units in Tract F of Harbor Course South Section
Four, were determined to be vested. (Less 4 lots due to expiration of vested
rights and no further space to build,) Total Harbor Course units vested. 312
Harbor Course Plat 13, Plat Book 7, Page 7
144 lots in 4 Sections:
Section 1: 30 lots, plus original lots 1-4 in replat of Sec
25
Section 2: 28 lots
Section 3: 35 lots
Section 4: 47 lots
It. Driscoll Plats:
HarborOcean Reef Plat No 17
e South Section Two
Plat Book 7, Page
25 Lots
Approved by SOCC June 27,1989, Resolution 397-1989
Ocean - Plat No 18
Harbor CourseSouthi.. Four
Plat Book 7, Page
33 Lots
Harbor Course South Section Four
Ocean Reef Plat No 19
Plat Book 7, Page 54
56 Lots and 20 cluster horrlesites. Zero lot lines.
Approved by BOCC June 27, 1989, Resolution 399-1989
applicationThe Driscoll Properties.the platted lots
Harbor Course subdivisions �Plats 17, 18 and 19) was granted by Vested
Rights Order dated 19 Feb. 1998 approved by BOCC Resolution 163-1998
dated April 8, 1998, It recognized the vested status of the platted lots in each
of those 1989 plats, but deferred for a subsequent hearing the status of the
20 clustered zero lot line homesites, designated in Plat No. 19 for Tract F,
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Harbor Course South Section Four. Subsequently, by Resolution► 192-1998
dated May 13, 1998, the BCC granted the vested rights application for those
Zia single family detached zero lot line residential units in Tract F to a time
specific, with a final vesting cf 16 units which have been constructed. .
Executive Summary:
Commercial ProDerties Zoned BU-2 and RU-7 Located at the Ocean Reef
Club, North Key Lar-go, Florida
The 1988 Vested Rights Order (issued by a Hearing Officer at the conclusion of
an adversary proceeding initiated by Ocean Reef Club) determined the extent of
,fievelopment rights that haid vested under Monroe County's prior' zoning laws.
The Vested Rights Order authorized completion of the Development according
to zoning provisions in effect as of September 15, 1986. The vesting Order
determined the extent of commercial as well as residential vested development
rig hts.
Ocean Reef Club has undertaken to determine the extent of commercial
development that has been completed, or remains to be completed, under the
terms of the Vested Rights Order. In order to accomplish that task, we
reviewed and summarized records of the the Monroe County Property
Appraiser's office (current as of June 8, 2010) and records from historical and
working files maintained by the Ocean Reef Club and Ocean Reef Community
Association. Based on those records, we compiled the attached summary of
existing commercial parcels, noting existing development by zoning categories
depicted on the "Master Development Plan, Existing Zoning", Ocean Reef Club,
gated August 1986-
Analysis of residential development (separately summarized) was a relatively
simple task, The number of existing residential units was subtracted from the
total number of units vested under the Vested Rights Order, the remainder being
the number of units remaining to buildout. However, commercial development
analysis was more comple.K. First, the controlling 1986 zoning regulation limiting
RU-7 (hotel) and BU-2 (commercial) development was identified, That criterion
is lot coverage, stated as follows:
Section 19-202 — RU-7 (h)(4) a & b, "Land Coverage"
a. Buildings twenty-five (25) feet high or less, 33%;
b, Buildings over twenty-five (25) feet high, 31 %.
Warehousing, 40%
Marine oriented businesses, 50%
Hotel density is further constrained by density. The Vested Rights Order found
that a total of 350 transient (RU-7) units were vested, of which 145 units existed
Euclidian zoning system in et ct prior to enactment of Monroe County's
performance -based LDRs on Sept. 15, 1986.
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Second, total acreage vested for hotel and commercial uses was
determined. According to the Vested Rights Order, BU-2 acreage comprised
72,6 acres, or 3,162,456 square feet. Subsequent to vesting, the BU-2 area
abutting Pumpkin Creek was dedicated to preservation, thereby eliminating the
development potential of that area (55.85 +/- acres or 2,432,826 square feet),
and reducing BU-2 zoned land to 729,630 sqft-, or 16.75 acres+ According to
the Vested Rights Order, land subject to RU-7 zoning comprised 13.99 acres, or
609,404 square feet.3
Finally, existing lot coverages of parcels zoned BU-2 and RU-7 were calculated
and contrasted with maximum permissible coverage in each land use district. For
purposes of that calculation, the most restrictive criteria were utilized, i.e., 31 %
for RU-T and 40% for BU-2, respectively.
Existing lot coverage of former RU-7 land is 129,168 square feet or
21%, substantially below the allowed maximum of 31%. Accordingly,
approximately 10% of the land formerly zoned RU-7 remains available for future
transient development, subject to the above -referenced 207-unit cap on
additional transient units.
Existing lot coverage of former BU-2 land is 278,365 square feet or 38.1
vs, an assumed most-restrictive4 coverage limitation coverage of 40%.
2 Vested Rights Order, p. 6
3 The Order also recognized a density limit of 25 units per acre, for a total unit count
of 35O hotel units, of which 145 units were in existence at the time of the Order.
There was a subsequent reduction of two transient units due to residential
conversion. Accordingly, vested unbuilt unit count is 207 units.
4 Utilizing the 40% coverage limit that would apply if 100% of existing commercial
area were devoted to warehouse use. Because many existing commercial
structures are subject to the less -restrictive 50% coverage applicable to marine
uses, available vested development potential exceeds this assumed minimum.