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Item D07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17, 2000 Bulk Item: Yes No X Division: Growth Management Department: Planning_ AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use Map and zoning map amendment proposed by the Monroe County Planning Department changing the future land use designation from Residential Low (RL) to Recreation (R), and the Land Use District map zoning designation from Sparsely Settled (SS) to Park and Refuge (PR), for properties described as the Harbor Golf Course and the Dolphin Golf Course, located at the Ocean Reef Club in North Key Largo. ITEM BACKGROUND: The first public hearing, or "transmittal" hearing was held on September 15, 1999, where the BOCC recommended approval of the Future Land Use Map (FLUM) amendment request. The Planning Department transmitted a draft FLUM ordinance to the Department of Community Affairs (DCA) for its consideration. The DCA has reviewed the proposed FLUM amendment and has no objections to the proposed amendment as transmitted. PREVIOUS RELEVANT BOARD ACTION: The BOCC approved a resolution authorizing the Planning Department to transmit a draft ordinance that would amend the Future Land Use Map to the DCA for review. STAFF RECOMMENDATION: Approval TOTAL COST: None COST TO COUNTY: None BUDGETED: Yes N/A No APPROVED BY: County Attorney _X_ OMB/Purchasing N/A_ Risk Management N/A_ DEPARTMENT DIRECTOR APPROVAL: K. Marlene DIVISION DIRECTOR APPROVAL: Timothy J. DOCUMENTATION: Included X To follow DISPOSITION: DH Agenda Item Summary.doc Management Not required Agenda Item #: I D"7 FUTURE LAND USE AND ZONING MAP AMENDMENT SPONSORED BY MONROE COUNTY PLANNING DEPARTMENT FOR THE OCEAN REEF CLUB BOARD OF COUNTY COMMISSIONERS KEY LARGO PUBLIC LIBRARY FEBRUARY 17, 2000 M#99139 PROPOSED FLUM AMENDMENT RESIDENTIAL LOW (RL) TO RECREATION (R) PROPOSED ZONING AMENDMENT SPARSELY SETTLED (SS) TO PARK AND REFUGE (PR) This amendment is sponsored by Monroe County as part of an initiative to bring Monroe County's long -existing golf courses into conformance. The subject properties are known as the Harbor Golf Course and the Dolphin Golf Course, located at the Ocean Reef Club in North Key Largo. FLUM RECOMMENDATIONS Staff: Approval August 5, 1999 Staff Report DRC: Approval August 5, 1999 Resolution #D17-99 PC: Approval August 18, 1999 Resolution #P57-99 BOCC: Approval September 15, 1999 Resolution #455-1999 ZONING RECOMMENDATIONS Staff: Approval August 5, 1999 Staff Report DRC: Approval August 5, 1999 Resolution #D16-99 PC: Approval August 18, 1999 Resolution #P58-99 M#99139 PUEY11 KIN \ WEDNESDAY �F \�\NT - SNAPPER KEY LARG— Z. sh ANT O: .ANGLER'S CLUB' -KEY + A�" ,� LINDERMAN s 1 ROCODI CL ziHOU E.y ■r �' — i T LAKE ✓ NATIONA *�p'� \r•, Y AD S V " ILDLIFE� 905 \ J'jli ♦ycoLP �tER c ° BARRACU ` EFUGE T +. I \� e *.do's• :�"a'". r - MAP �i yY�Paas ,.NdFs� ��, COITRR�"�� 4 � GOLF l a CD RS i AN R4F RFSO- R " ^ '-7 v (PALO " J Ai n �. BA 1ltORTI_1R_IV ^ - J1 ALT D b aid S "^qeMAR .'A *� KEY LARGO EAN i�� `NVAR\f,\a r ' �(^ ice' °; ��o R E ANGELFISH A o. 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MV LAN ss ------------------- . �I Woo All � Zo • �• ' . •- ,,��}�, w�%14 ilk IA � „' w � - ., �^1•�� � r, , � - jam, � ,,�' ,� '.-� . ! .:+.'�' ;,, 44 IA Nr -Al t f�. -�S • ice. �!� - 'f 'K..... �����1��. �.�q ��+M'3 �iw��R- h �J� .Y� M ". ��•-Il►,�,y { .T'. 1i � ✓ rol10. a ORDINANCE NO. -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF THE REQUEST FILED BY MONROE COUNTY TO CHANGE THE FUTURE LAND USE MAP FROM RESIDENTIAL LOW (RL) TO RECREATION (R) FOR PROPERTIES LOCATED AT THE OCEAN REEF CLUB IN NORTH KEY LARGO, KNOWN AS THE HARBOR GOLF COURSE AND THE DOLPHIN GOLF COURSE. WHEREAS, during a regular meeting held on September 15, 1999, the Board of County Commissioners held a public hearing and considered the request by Monroe County to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Recreation (R) for the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-002600 and 00573710-003400, excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000, 00081740- 00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project `G' of the Ocean Reef Club Master Development Agreement; as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. WHEREAS, the Board of County Commissioners has examined the following information: 1. The application for rezoning from Monroe County to change the Land Use District Map from Sparsely Settled (SS) to Park and Refuge (PR); and 2. A report by Planning and Environmental Resources staff dated August 24, 1999; and WHEREAS, the Planning and Environmental Resources Department as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the Department of Community Affairs for its review and comment; and WHEREAS, the Department of Community Affairs made no objections, recommendations or comments regarding this proposed amendment; and Exhibit I Page 1 of 4 Initials Ordinance to Amend FLUM File M#99139 WHEREAS, the Board of County Commissioners held the second of two public hearings on the proposed amendment on February 17, 2000; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Based on Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations, the Board of County Commissioners may consider a land use change if at least one of six criteria is met, in this case the Need for Additional Comprehensiveness. 2. There is a need for comprehensiveness in that the Year 2010 Comprehensive Plan overlooked the Dolphin and Harbor Courses and did not amend the maps to establish the Future Land Use category or zoning district designation that reflected the existing land use. 3. The Future Land Use Map shows the future land use category of the subject properties to be Residential Low (RL). 4. Residential Low (RL) does not permit expansive, activity -based land uses such as golf courses. 5. The Future Land Use Map category that is applicable for private golf courses, the land use of over 25 years, is Recreation (R). 6. Based on Policy 101.4.9 of the Year 2010 Comprehensive Plan, the principal purpose of the Recreation (R) future land use category is to provide for public and private activity -based and resource -based recreational facilities. 7. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties zoned Park and Refuge (PR) shall have the corresponding future land use category Recreation (R). 8. Based on Section 9.5-224 of the Monroe County Land Development Regulations, the principal purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas, and wildlife refuges. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed land use change is consistent with the requirements enumerated in Section 9.5- 511(d)(5)b.(v) of the Monroe County Land Development Regulations as it recognizes the need for additional detail or comprehensiveness. Exhibit 1 Page 2 of 4 Initials Ordinance to Amend FLUM File M#99139 2. The Recreation (R) land use category is the most applicable of the land use categories for the subject properties as it is the only category that permits the existing use of the property and makes the change consistent with the Monroe County Year 2010 Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended from Residential Low (RL) to Recreation (R) for the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-002600 and 00573710-003400, excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970- 00000, 00572790-00000, 00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. 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. The Planning Director shall transmit this ordinance to the Department of Community Affairs for compliance review. Exhibit 1 Page 3 of 4 Initials Ordinance to Amend FLUM File M#99139 Section 5. This ordinance shall not become effective until the Department of Community Affairs issues a final order approving it. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2000. Mayor Freeman Mayor Pro Tern Neugent Commissioner Harvey Commissioner Reich Commissioner Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. Mayor/Chairperson (Seal) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Exhibit 1 Page 4 of 4 Initials Ordinance to Amend FLUM File M#99139 ORDINANCE NO. 2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FILED BY MONROE COUNTY TO CHANGE THE LAND USE DISTRICT MAP FROM SPARSELY SETTLED (SS) TO PARK AND REFUGE (PR) FOR PROPERTIES LOCATED AT THE OCEAN REEF CLUB IN NORTH KEY LARGO, KNOWN AS THE HARBOR GOLF COURSE AND THE DOLPHIN GOLF COURSE. WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on September 15, 1999, conducted a public hearing and review of a Land Use District (zoning) map amendment request filed by Monroe County to change the Land Use District Map from Sparsely Settled (SS) to Park and Refuge (PR) for the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710- 003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700- 002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797- 002600 and 00573710-003400 excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000, 00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. WHEREAS, the Board of County Commissioners examined the following information: 1. The application for rezoning from Monroe County to change the Land Use District Map from Sparsely Settled (SS) to Park and Refuge (PR); and 2. A report by Planning and Environmental Resources staff dated August 24, 1999; and WHEREAS, the Planning and Environmental Resources Departments as well as the Development Review Committee and Planning Commission have recommended approval of the request; and Exhibit 1 Page 1 of 4 Initials Ordinance to Amend Land Use District Map File M#99139 WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the Department of Community Affairs for its review and comment; and WHEREAS, the Department of Community Affairs made no objections, recommendations or comments regarding this proposed amendment; and WHEREAS, the Board of County Commissioners held the second of two public hearings on the proposed amendment on February 17, 2000; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Based on Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations, the Board of County Commissioners may consider a land use change if at least one of six criteria is met, in this case the Need for Additional Comprehensiveness. 2. There is a need for comprehensiveness in that the Year 2010 Comprehensive Plan overlooked the Dolphin and Harbor Courses and did not amend the maps to establish the Future Land Use category or zoning district designation that reflected the existing land use. 3. Based on Policy 101.4.9 of the Year 2010 Comprehensive Plan, the principal purpose of the Recreation (R) future land use category is to provide for public and private activity -based and resource -based recreational facilities. 4. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties zoned Park and Refuge (PR) shall have the corresponding future land use category Recreation (R). 5. The Harbor and Dolphin Golf Course properties are zoned Sparsely Settled (SS). 6. The Sparsely Settled (SS) zoning district does not permit recreational uses. 7. Based on Section 9.5-224 of the Monroe County Land Development Regulations, the principal purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas, and wildlife refuges. 8. The properties have been used for private recreational purposes for more than 25 years, more specifically as two private 18 hole Golf Clubs, known as Dolphin Course and Harbor Course, with a centrally located Clubhouse. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed land use change is consistent with the requirements enumerated in Section 9.5- 511(d)(5)b.(v) of the Monroe County Land Development Regulations as it recognizes the need for additional detail or comprehensiveness. Exhibit 1 Page 2 of 4 Initials Ordinance to Amend Land Use District Map File M#99139 2. The Park and Refuge District (PR) is the most applicable of the zoning districts for the subject properties as it is the only zoning district that permits the existing use of the property. The Park and Refuge District is the most applicable of the zoning districts for the subject properties as it is the only zoning district that conforms with the proposed Future Land Use category Recreation (R). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision, APPROVE this request to amend the Land Use District Map from Sparsely Settled (SS) to Park and Refuge (PR) for the Harbor and Dolphin Golf Courses, consisting of those properties described above in detail. Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties are currently designated Sparsely Settled (SS), as shown on the attached maps, which are hereby incorporated by reference and attached to this document as Exhibits A & B. Section 3. These properties shall now be designated as Park and Refuge (PR), being the Harbor and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and further described as the Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-002600 and 00573710-003400 excluding all portions of that parcel of Harbor Course having real estate number 00573710-003400 that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range 40E and Section 7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000, 00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that constitute project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. Section 4. The Official Land Use District Map shall be amended, changing the zoning designations for the properties as delineated in Section 3 above. Section 5. 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. Exhibit 1 Page 3 of 4 Initials Ordinance to Amend Land Use District Map File M#99139 Section 7. The Planning Director shall transmit this ordinance to the Department of Community Affairs to determine consistency with the Florida Statutes. Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not be deemed effective until approved by the state land planning agency. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2000. Mayor Freeman Mayor Pro Tem Neugent Commissioner Harvey Commissioner Reich Commissioner Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson (Seal) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Exhibit 1 Page 4 of 4 Initials Ordinance to Amend Land Use District Map File M#99139 MIN / NA •: NA N farlvla�h owl.~ i NA i Is Is is is is is Land se District Map Key: Largo MM: Proposal: From SS to PR Property Description: Ocean Reef Club, Harbor Golf Course See file for legal description. I Map * : 56 57 5 File Number : M99139 N Elehibrl- $ fuiDiuWIM112111"13 TO: Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning RE: Dolphin Course and Harbor Course FLUM and Zoning Map Amendment File M99139 DATE: February 1, 2000 BOCC Transmittal Hearing: September 15,1999 BOCC Adoption Hearing: February 17, 2000 The BOCC transmitted this staff report and accompanying draft ordinances that amend the Future Land Use Map for these courses to the DCA for its review. The DCA has offered no objections, recommendations or comments on the item. Therefore, the staff report and proposed ordinances have not been amended. EXISTING FUTURE LAND USE DESIGNATION: Residential Low (RL) PROPOSED FUTURE LAND USE DESIGNATION: Recreation (R) EXISTING ZONING DESIGNATION: Sparsely Settled (SS) PROPOSED ZONING DESIGNATIONS: Park and Refuge District (PR) AGENT: Sponsored by Monroe County PROPERTY INFORMATION Key: Key Largo Size: Harbor Course is 111.56 acres; Dolphin Course is 125.03 acres Mile Marker: Northern Terminus of County Highway 905 Location Detail & Brief Description: The Harbor and Dolphin Golf Courses form the `spinal column' of the Ocean Reef Club. These private, not -for -profit golf clubs are accessed by South Harbor Drive, Gate House Road or Anchor Drive, all of which traverse the length of Ocean Reef. The properties to which this map amendment applies are situated between Card Sound to the west, Angelfish Creek to the north and the Atlantic Ocean to the east, as described on the following page. Dolphin and Harbor Golf Courses FLUM and Zoning Map Amendment M99139 The Harbor Course consists of 14 properties in Sections 13 & 24, Township 59S, Range 40E in Monroe County, Florida, having the following real estate (RE) numbers: Harbor Course Real Estate Number Owner Size (acres) 00573690-003901 Ocean Reef Club, Inc. 9.36 00573690-004000 Walter John Driscoll Pond 00573710-003400 Ocean Reef Club, Inc. 11.57 00573700-005700 Ocean Reef Club, Inc. 5.87 00573720-005700 Ocean Reef Club, Inc. 5.79 00573720-005900 Ocean Reef Club, Inc. 7.05 00573720-005800 Ocean Reef Club, Inc. 5.62 00573700-002600 Ocean Reef Club, Inc. 7.09 00573670-005900 Ocean Reef Club, Inc. 3.35 00080120-000200 Ocean Reef Club, Inc. 0.08 00573670-005902 Ocean Reef Club, Inc. 0.15 00573630-002400 Ocean Reef Club, Inc. 7.44 00572797-002600 Ocean Reef Club, Inc. 36.62 00573710-003400 10cean Reef Club, Inc. 11.57 TOTAL 111.56 This map amendment excludes all portions of that parcel of Harbor Course having real estate number 00573710-003400, that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. Project `K' is a Suburban Commercial (SC) zoning district established in April 1996 to accommodate the Ocean Reef gate -house and an employment office. The Dolphin Course consists of 10 properties in Sections 7, 12 & 13, Township 59, Range 40 and Section 7, Township 59S, Range 41 E in Monroe County, Florida, having the following real estate numbers: Dolphin Course Real Estate Number lOwner Size (acres) 00572221-006400 Ocean Reef Club, Inc. 34.69 00080040-00000 Ocean Reef Club, Inc. 11.44 00080050-00000 Ocean Reef Club, Inc. 3.58 00079970-00000 Ocean Reef Club, Inc. 17.79 00572790-00000 Ocean Reef Club, Inc. 16.47 00081740-00000 Ocean Reef Club, Inc. 1.5 00081720-00000 Ocean Reef Club, Inc. 20.28 00081790-00000 Ocean Reef Club, Inc. 15.77 00571970-00000 Ocean Reef Club, Inc. 1.47 00571970-00400 Ocean Reef Club, Inc. 2.04 TOTAL 125.03 Dolphin and Harbor Golf Courses 2 FLUM and Zoning Map Amendment M99139 As with the Harbor Course, properties of the Dolphin Course are subject to zoning district agreements under the Ocean Reef Club Master Agreement. First, this map amendment excludes all portions of that parcel of Dolphin Course having real estate number 00081720-00000, that constitute Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners. Project `G' is an Industrial (I) zoning district established in April 1996 to accommodate a mini storage, golf maintenance yard, warehouse and a community services complex. This map amendment also excludes all portions of that parcel of Dolphin Course having real estate number 00080040-00000, that constitute Project `K' of the Ocean Reef Club Master Development Agreement, as described in relation to Harbor Course. Existing Use: This map amendment applies to two private golf clubs owned and managed by the Ocean Reef Club Inc.: Dolphin Course and Harbor Course. Dolphin Course is the central of three golf courses in Ocean Reef and has been in use as such for at least 30 years. The course consists of 18 holes, greens, sand traps, water traps and fairways, set in 125 acres of tropical landscaped environment. The irrigated grounds have been contoured to form hummocks with ponds in areas of low relief. Tiki huts for shade and shelter dot the course. Figure 1. Dolphin Course Harbor Course is the southernmost of the three golf courses in Ocean Reef, which like Dolphin Course has been in use as a golf club for at least 25 years. Harbor Course is also an 18 hole course of 111.56 acres with features similar to Dolphin Course. Additionally, Harbor Course bears the distinction of being the only golf course in the world located in a tropical hardwood hammock. Figure 2. Harbor Course Dolphin and Harbor Golf Courses FLUM and Zoning Map Amendment M99139 3 The Clubhouse for both courses is located on Anchor Drive, by the Fairway Lakes of Dolphin Course. The lot, having real estate number 00079970-00000, on which the Clubhouse is located is 17.79 acres in size. The Clubhouse, which was built in 1996, includes a kitchen and restaurant offering both indoor and outdoor dining, men's and women's rest rooms and change rooms, and a golf pro shop. There are two additional buildings on the lot: one containing washrooms and an office for the golf program; and the other providing space for golf club storage. The intent of the Ocean Reef Club Inc. is to continue to use the properties as golf courses and a golf club facility, making improvements to better serve its 4,000 members as necessary. Existing Habitat: Existing habitat conditions on the Dolphin and Harbor Courses are disturbed. Each course, predominately scarified, has individual scattered trees throughout. The predominant vegetation scattered throughout Dolphin Course is non-native, whereas throughout Harbor Course the scattered vegetation is predominately native. Additionally, there are some very narrow strips of native hammock that still remain at the edges and in between the greens on Harbor Course. Section 9.5-343 of the Monroe County Land Development Regulations would best classify Dolphin Course as `disturbed with exotics' and Harbor Course as `disturbed with hammock'. There is a large undisturbed wetland area around the tees for the 40' and 14`h holes of Harbor Course and undisturbed native hammock west of the 13`b and the 16`b green. The remainder of Harbor Course abuts hardwood hammock lots that are currently or soon to be developed Figure 3. Harbor Course From 4" Tee Land Use and Habitat on the 1985 Existing Conditions Aerials: The December 1985 Existing Conditions Maps, sheets 328 to 330 identify these parcels as having Vegetation Code 740, which is disturbed. Dolphin and Harbor Golf Courses 4 FLUM and Zoning Map Amendment M99139 Neighboring Land Uses and Character: The Ocean Reef Club is an elite private club and recreational resort in a gated community, that provides quality leisure facilities for its members including yachting, charter fishing, tennis, lawn bowling and croquet. More important, the Ocean Reef Club is a golf course community in which residential, commercial and services land uses are integrated with three golf courses which are the physical, visual and ideological focus of the community design. Both the Dolphin and Harbor golf courses are fully integrated, through the use of environmental design practices, with the residential, commercial and industrial land uses of the community. Often visual or physical boundaries do not exist between the fairways and greens of the courses and the surrounding land uses. Bufferyards are used to screen unattractive land uses. Residential land uses with a mix of residential types ranging from luxury condominiums to single family homes dominant the periphery of the courses. Figure 4. Fairway Lakes Condominiums, Dolphin Course While the single and multi -family residences abutting the Dolphin Course were constructed primarily in the 1960's and 1970's, the subdivision surrounding Harbor Course is newer and many of the single family homes are currently under construction or yet to be built. Because the golf courses parallel the main streets through Ocean Reef, commercial and services land uses along this corridor also focus on the golf courses. These uses, from north-west to south-east include a 4,000 foot private airstrip and air terminal, a community services complex, the Ocean Reef fire station, mail room and Art League complex, a medical center, the Ocean Reef Plaza, a golf driving range, a gas service station, and the Ocean Reef Fitness Center. Figure 5. Community Bank, Ocean Reef Plaza, Dolphin Course Dolphin and Harbor Golf Courses FLUM and Zoning Map Amendment M99139 5 Elegance is added to the Ocean Reef surroundings by a landscaped golf cart trail network that links the community of golf courses, residences, businesses and leisure centers with one another. Figure 6. Golf Cart Trail At Anchor Drive ZONING AND LAND USE HISTORY Pre-1986 Zoning: In total the two golf courses incorporate over 236 acres of land. The pre-1986 zoning maps show that this land was zoned for a variety of land uses including General Use (GU), Single Family Residential (RU-1) and Multiple -Family Residential (RU-3). None of these zoning districts permitted golf course or golf clubs. The boundaries of the zoning districts and the existing golf clubs show little resemblance to one another, as the golf courses utilized lands originally intended for residential, commercial or industrial purposes. Considerations During the 2010 Comprehensive Plan Process: Generally, during the Year 2010 Comprehensive Plan process, the Future Land Use category for all existing golf courses in Monroe County was intended to be changed to Recreation (R). It is not certain why the Dolphin and Harbor Courses were overlooked during at the time. Changes to Boundary Considerations Since 1986: There have been two changes to the zoning district boundaries that affect parcels included in this map amendment. The first of these is a rezoning, but not subdivision, of lands included in Project `K' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of County Commissioners and effective April 1996. Project `K', which affects both Dolphin and Harbor Course, is a Suburban Commercial (SC) zoning district to accommodate the Ocean Reef gate -house and an employment office. The second rezoning, but not subdivision, that affects only the Dolphin Course, is Project `G' of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Dolphin and Harbor Golf Courses 6 FLUM and Zoning Map Amendment M99139 The standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties with the Future Land Use category Recreation (R) shall have the corresponding zoning Park and Refuge (PR). 3. Current Land Development Regulations (LDR Is) Section 9.5-209 states that the purpose of the Sparsely Settled Residential District (SS) is to establish areas of low density residential development where the predominant character is native or open space lands. Allowable uses in the Sparsely Settled (SS) residential district pursuant to Section 9.5-238, pertinent to the text amendment include: Uses permitted as of right. ■ detached residential dwellings ■ accessory uses; and ■ home occupations with a special use ■ tourist housing uses. permit 4. Potential Land Uses With Proposed Map Amendment Section 9.5-224 states that the purpose of the Park and Refuge District (PR) is to establish and protect areas as parks, recreational areas and wildlife refuges. Allowable uses in the Park and Refuge district pursuant to Section 9.5-253, pertinent to the text amendment include: Uses permitted as of right: ■ active and passive recreational uses, but not including recreational vehicles Uses permitted as minor conditional uses include: ■ campgrounds; and ■ hotels of fewer than 12 rooms. ■ marinas; and ■ public buildings and uses. There are no provisions for major conditional uses in this land use district. Compatibility With Adjacent Land Uses and Effects on Community Character: Section 9.5-511, Monroe County Land Development Regulations prohibits any amendments which would negatively impact community character. The Ocean Reef Club Inc. is a planned community that transcends the conventions of design seen in the rest of Monroe County. The Ocean Reef Club has appointed the Craig Company as its agent to apply for a Planned Unit Development (PUD) designation for Ocean Reef that will simplify its zoning to four categories. Recreation will be a zoning district recognized by the PUD. Dolphin and Harbor Golf Courses FLUM and Zoning Map Amendment M99139 The character of the Ocean Reef community is created by the golf and country clubs that have popularized it as an exclusive destination resort. Property values in Ocean Reef are created and upheld by the quality of the landscaped and natural environment of the club surroundings. Residential land uses which front the Dolphin and Harbor Courses make sense from an economic perspective as many studies show that high visual quality lends value to residential areas. At the same time, the residences, whether temporary or permanent can accommodate prospective golf club members. Local traffic and parking are not an issue in Ocean Reef or at the Dolphin and Harbor Courses. Ocean Reef is a gated community with discretionary entry, located at the terminus of County Highway 905. Therefore through traffic is not an issue. Efforts are being made by the management of the Ocean Reef Club Inc. to make the golf cart the mode of choice for trips in Ocean Reef. A growing golf cart pathway network that is separated from the automobile environment provides internal transportation linkages for residents and visitors. Effects on Natural Resources: Goal 102 of the 2010 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. The Dolphin and Harbor Courses have been in existence for over 25 years and the sites are classified as disturbed. A site visit by Sandra Lee, Environmental Resources Planner, on July 27, 1999 showed that changing the Future Land Use Map category to Recreation and rezoning the properties to Park and Refuge district would have no additional impact on the natural resources of the properties, and could provide a degree of protection for the sensitive habitats adjacent to parts of these courses. However, if environmentally sensitive habitat is found on the site, new development shall be clustered in accordance with Section 9.5-345(a) of the Monroe County Code, to limit the clearing of native vegetation. Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. The proposed designation is not in conflict with Objective 101.11 based on the following findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater: Traffic Circulation Ocean Reef is located off County Highway 905 which, like all roads in Monroe County, must maintain a minimum level of service of D. The existing facility is more than adequate to serve existing and proposed uses as no additional trips will be generated. Dolphin and Harbor Golf Courses 9 FLUM and Zoning Map Amendment M99139 Solid Waste The existing solid waste haul out contract will provide Monroe County with guaranteed capacity to 2006. The proposed land use change is not expected to have a significant effect on solid waster generation or removal. Potable Water The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 1999. Irrigation systems for the Dolphin and Harbor Courses utilize brackish ground water that is pumped out of two wells and treated at the community services complex through a reverse osmosis (RO) treatment plant. Because no FKAA water is used on the course unless an emergency occurs with the RO plant, the proposed land use change is not anticipated to have any additional significant effect on potable water withdrawals. Stormwater No net increase in stormwater runoff is expected as a result of this land use change because the golf club facilities shall be designed in accordance with all applicable Stormwater retention regulations. Section 9.5-293 of the Land Development Regulations requires that all developments retain Stormwater on site following Best Management Practices (BMP's). Also, 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 Environmental Resources Department and the Department of Health and occurs at the time a development permit has been filed. In addition, Monroe County and the South Florida Water Management District, acting in accordance with Governor Chiles' Executive Order No. 96-108, have agreed to develop a Stormwater Management Master Plan. Wastewater There are several programs and policies in place that address wastewater treatment throughout Monroe County: ■ Policy 901.1.1 provides the interim Level of Service for wastewater treatment plants and OSDS (On Site Disposal Systems), stating that they must use AWT (Advanced Wastewater Treatment), BAT (Best Available Technology) and not exceed 100% of their planned capacity. ■ Ordinance No. 03-1997, adopted pursuant to Objective 901.2 and related policies, establishes an inspection and compliance program for OSDS, and requires among other things, that all (commercial and residential) cesspits be replaced, that all septic tanks be inspected and if necessary, upgraded to meet state standards. ■ Policy 101.2.13 is also tied to the inspection and compliance program in that a cesspit must be replaced with BAT for every single family home permitted under the County's Rate of Growth Ordinance (ROGO). Dolphin and Harbor Golf Courses 10 FLUM and Zoning Map Amendment M99139 The only wastewater from the Harbor and Dolphin Courses is brine from irrigation water distilled in the reverse osmosis plant. This brine is treated in a wastewater treatment facility at Ocean Reef prior to disposal. Therefore there are no significant impacts on wastewater quality or quantity anticipated as a result of the proposed zoning change. Effects on Redevelopment/Infill Potential: The proposed land use change will not have any affect on infill and redevelopment potential. The Dolphin and Harbor Courses have been in existence for over 25 years and it is the intention of the Ocean Reef Club Inc. to continue to operate the subject properties as a golf club. The rezoning is necessary to bring the property into compliance with both the existing use of the land and the Future Land Use Map designation of the Monroe County Year 2010 Comprehensive Plan. FINDINGS OF FACT Based on Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations, the Board of County Commissioners may consider a land use change if at least one of six criteria is met. 2. There is a need for comprehensiveness in that the Year 2010 Comprehensive Plan overlooked the Dolphin and Harbor Courses and did not amend the maps to establish the Future Land Use category or zoning district designation that reflected the existing land use. 3. The Future Land Use Map shows the future land use category of the subject properties to be Residential Low (RL). 4. The Future Land Use Map category that reflects the land use of over 25 years is Recreation (R)• 5. Based on Policy 101.4.9 of the Year 2010 Comprehensive Plan, the principal purpose of the Recreation (R) future land use category is to provide for public and private activity -based and resource -based recreational facilities. 6. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties zoned Park and Refuge (PR) shall have the corresponding future land use category Recreation (R). 7. The Harbor and Dolphin Golf Course properties are currently zoned Sparsely Settled (SS). 8. The Sparsely Settled (SS) zoning district does not permit recreational uses. 9. Based on Section 9.5-224 of the Monroe County Land Development Regulations, the principal purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas, and wildlife refuges. Dolphin and Harbor Golf Courses 11 FLUM and Zoning Map Amendment M99139 10. The properties have been used for private recreational purposes for more than 25 years, more specifically as two private 18 hole Golf Clubs, known as Dolphin Course and Harbor Course, with a centrally located Clubhouse. CONCLUSIONS OF LAW 1. The proposed land use change is consistent with the requirements enumerated in Section 9.5- 511(5)(d)b.(v) of the Monroe County Land Development Regulations as it recognizes the need for additional detail or comprehensiveness. 2. The Recreation (R) land use category is the most applicable of the land use categories for the subject properties as it is the only category that permits the existing use of the property. 3. The Park and Refuge (PR) zoning district is the most applicable of the zoning districts for the subject properties as it is the only zoning district that permits the existing use of the property. 4. The Park and Refuge District is the most applicable of the zoning districts for the subject properties as it is the only zoning district that conforms with the proposed Future Land Use category Recreation (R). RECONQMNDATION Based on the above Findings of Fact and Conclusions of Law, the Planning and Environmental Resources Departments and the Development Review Committee recommend APPROVAL of the proposed Future Land Use Map amendment from Residential Low (RL) to Recreation (R) and the proposed zoning district map amendment from Sparsely Settled District (SS) to Park and Refuge District (PR). Dolphin and Harbor Golf Courses 12 FLUM and Zoning Map Amendment M99139