Item R07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16 2006 Division.: Growth Management
Bulk Item.: Yes _ No X Department: Planning and Environmental Res,
Staff Contact Person: Ty Symroski
AGENDA ITEM WORDING:
MONROE COUNTY PLANNNING DEPARTMENT is requesting a Future Land Use Map Amendment from Residential
Medium ('RM) to Recreation (R) for property legally described as fart of Tracts A, F, & H, Sunrise Cay III Ocean Reef flat
No. 15, Ocean Reef, Monroe County, Florida, having Real Estate ?Number: 00569443.005201.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment from Recreation (R)
to Residential Medium (RM.) for property° legally described as BLK l Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef
Plat No. 15, Ocean Reef, Monroe County, Florida, having Real Estate Numbers: 00569443.005200, 00569446.000100,
00569446,000300, 00569446.000400, 00569446.001800, and 00569446,001900,
MONROE COUNTY PLANNING DEPARTMENT is requesting a Land i?se District Map amendment from Improved
Subdivision (IS) to Parks & Refuge (PR) for property legally described as Part of Tracts A, F, & H, Sunrise Cay III Ocean
Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having Real Estate. Number: 00569443.005201,
(first of two public hearings)
ITEM BACKGROUND:
This is a Planning Department -sponsored amendment. The Development Review Committee held a
public hearing on this matter on April 11, 2006 and recommended approval of the amendment. The
Planning Commission held a public hearing; on this matter on June 28, 2006 and recommended
approval of the amendment.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY:
N/A
SOURCE OF FUNDS -
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
.APPROVED BY: County Atty X OMB'Purchasimz Risk Management
DIVISION DIRECTOR APPROVAL: / ` s
z • .Y Syniroski
DOCUMENTATION: Included X Not Required —
DISPOSITION: AGENDA ITEM ................
MO ROIL COUNTY Yli',AR 20.10
C 0 11 PR E IIE N S.1 V It I'L A N A M E N.D WE NT
FUT.U.111".1 'AND USE MAI' A.NIElNDMf,.N,r.FR.O.M
RE'SIDE.W.1A.I., MEDIUM (11M)TO RECRt�-,A,rlON (E)
AN I)
Furu.RE LAND USE MAP AMEND IENT.F.ROM
RECREATION (.R.),ro RESIDENTIAL MEDIUM (RM.)
.AN 1)
LAND USE{ I)ISTR I CAI FLAP AM f"IN I)NI EN,r FR()Al
-.11
IMPROVED SU 131)] V [SION (IS) 110 PARKS & REFUGE (PR)
BOARD OF COU NTY COM M ISSION FAIS
KEY LARGO
AUG UST 16, 2006
VROPOSED FUTURE IJ.AND USE MAP AMENDMENT
RESIDENTIAL M. DIUM (11.1I) TO RECREATION (11)
AND
FUTUREIJANDUSI: IAI' A1I(,�I)A1IFYI'
RECREATION (R)TO R S.IDEN I,I.A.I, 1IE )IIJM (RM)
AND
PIIOPOSt,I) LAND USE DISTRICTMAP AM NI)AI ,NT
IMPROVED SUBDIVISION (IS) TO PARKS & I111"FUGE (P11)
A IIFQUEST By —rim MONROE COUN`.I'Y PLANNING DEPART A1ENT FOR A
.FUTURE LAND USE ALAI' (I�.I.,UAI) AMENDMENT FROM RESII)ENTI:A1,
MEDIUM (RM) TO E1FJt,RE.;A.`I`ION (I1.) FOR PROPERTY LEGALLY
DESCRIBED AS P.,RT OF TRACTS A, F, & IE SUNRISE CAY I I OCEAN
REEF PLATNO. 1.5, O I"AN REE' , MONROE COUNTY, FLORIDA. HAVING
REAL EST A1, NUMBER: 005694,13.00520I .
A IIEQUEsT 13Y. "I'HE MONRO {; COUNTY PLANNING 1)I,:PA:K I'M.I�J:N°'I' FO:I1 .A.
FU'T'URE .,AN1) tiSICJ M.AP (F I,UvI) AN-1.I N1)MEN'I' Ii'I1OAI E1ECREA`I'I0N (H)
TO RESIDENTIAL MEDIUM (I1A°I) FOR PROPERTY LEGALLY DESCRIBED
AS BLK 1 LOTS I-2-3-4 AND 18-19 SUNRISE, CAY III OCEAN REI:JF PI.,AT NO,
15, OCEAN RI:;Ij;11, MONROE COUNTY, FIJOIIII:)A, IIAVI.\(; :KI A.I., .Es'I'.AT:I',
NI tNtBf"RS: 00569443.005200. 00569446.0001.00, 00569446.000300. 00569446.0004ft
00569446.001800, AND 00569446.001900.
A R IQI.:EST BYI'll E MONHOE COUNTY PLANNING DEPA I1'I"MENT FOI1 :A
I1AND USE DISTRICT _1IAP'VNI END"4II,NT FROM IMPROV E I) SUBDIVISION
(.IS) TO PARKS & REFUGE (P11) FOR AS
PART OF TRACTS A. I', & 14, SUNRISE CAY III OCEAN REEF PL:A'I' NO. 15,
OCEAN EI.EJF, ONROE COUNTY, FLORIDA, TIAVTNG REAL EsTA. 1"
N U:MBE'J1.1: 00569143.005201.
I1I�[.Oiilll�aNl:)r1'I'I()NS
DRC: April 11, 2006
PC: Jane 28, 2006
BOCCTRAN S.MITTAL .Ii1.S()IaUTI()_N
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS A REQUEST BY THE
MONROE COUNTY PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE
MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FOR THE FOLLOWING PROPERTY
FROM RESIDENTIAL MEDIUM (RM) TO RECREATION (R) FOR
PROPERTY DESCRIBED AS PART OF TRACTS A, F, & H, SUNRISE
CAY III OCEAN REEF PLAT NO. 15, OCEAN REEF, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00569443.005201 AND TO AMEND THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RECREATION (R) TO
RESIDENTIAL MEDIUM (RM) :FOR PROPERTY DESCRIBED AS
BLK I LOTS 1-2-3-4 AND 18-19 SUNRISE CAY III OCEAN REEF
PLAT NO. 15, OCEAN REEF, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00569443,005200,
00569446.000100, 00569446.000300, 00569446,000400,
00569446.001800, AND 00569446.001900.
WHEREAS the Monroe County Board of County Commissioners makes the
following findings of fact:
L The Development Review Committee held a meeting on April 11, 2006
and recommended to the Planning Commission that they approve the proposed Future
Land Use Map Amendments.
2. The Planning Commission acting as the Local Planning Agency held a
duly advertised public hearing on June 28, 2006 and made a recommendation to the
Board of County Commissioners that they approve the proposed Future Land Use Map
Amendments.
1 The Monroe County Board. of County Commissioners held a public
hearing for the purpose of considering the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Future
Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the
future land use designation of the properties described above.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations
of the Planning Commission pursuant to the draft ordinance for adoption of the proposed
Future Land. Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Chapter 163.318, Florida Statutes.
Section 3. The Monroe County staff is given authority to prepare and. submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 9J-11.006 of the :Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution. to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 160 day of August, 2006.
Mayor Charles "Sonny„ McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ISM
(Seal)
Mayor Charles "Sonny" McCoy
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Assistant go"ty Attorney
BOCCORDINANCETO AMENI)
FUITRE LAND USE DISTTIC A'MAP
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE FUTURE
LAND USE MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO
RECREATION (R) FOR PROPERTY DESCRIBED AS PART OF
TRACTS A, F, & H, SUNRISE CA.Y III OCEAN REEF PLAT NO. 15,
OCEAN REEF, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBER: 00569443.005201 AND TO AMEND THE
FUTURE LAND USE SLAP (FLUM) OF THE MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN FROM RECREATION (R) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS
BLK I LOTS 1-2-3-4 AND 18-19 SUNRISE CAY III OCEAN REEF
PLAT NO. 15, OCEAN REEF, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00569443.005200,
00569446.000100, 00569446.000300, 00569446.000400,
00569446.001800, AND 00569446.001900.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August 16, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM)
from Residential Medium (RM) to Recreation (R) for property described as Part of Tracts
A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County,
Florida, having Real Estate Number: 00569443.005201 and amend the Future Land Use
Map (PLUM) from. Recreation (R) to Residential Medium (RM) for property described as
BLK I Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef,.
Monroe County, Florida, having Real Estate Number: 00569443.005200,
00569446,000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900; and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners, and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held on April 11, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
Ocean Reef Map 8 FLUM Amendment
Pagel of 4
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27, 2006; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial,
personal and communication needs of its residents on site.
(iii.) data errors
Staff believes that the R designation was meant for parcel 00569443.005201, not
the six parcels it currently touches. Staff is seeking to remove this error and
designate the appropriate parcel as PR and R.
(iv.) New issues
Staff recognized inconsistencies between the current land use designation, IS, and
the FLUM designation of R. Further research showed that the R designation was
improperly placed and staff seeks to clear this inconsistency and provide proper
land use and FLUM designations.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and
FLUM designation. Staff also wants current use to be consistent with land use
designation and FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an 'interim land classification pending
action to rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use categories of Recreation (R) and/or Residential Medium
(RIA) for the IS parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7, Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
Ocean Reef Map 8 FLU'M Amendment
Page 2 of 4
1. This reap amendment meets criteria (ii),(iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of facts presented, the proposed land use and future land use
map designations are appropriate for these properties and will allow the owners to
male full use of the subject properties.
NOW THEREFORE, BE IT ORDAINEDED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of
law stated above.
Section 2. The Future Land Use Flap of the Monroe County- Year 2010
Comprehensive Plan shall be amended as shown in on the attached map, hereby
incorporated by reference and attached at Exhibit 1.
Section 3. if any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such ins,alidity.
Section 4. This ordinance shall be filed in the Office of the Secretary of State of
the State of Florida but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving the
ordinance.
Section S. This ordinance is hereby transmitted by the Planning Department to the
Department of Community Affairs for review and comment pursuant to Chapter 163,
Florida.
Section 6. The Monroe County Staff is authorized to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 91-11.011 of the Florida Administrative Code.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Ocean Reef .Map 8 FLUM Amendment
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of .Monroe County, Florida at a
regular meeting held on the day' of 2006.
Mayor Charles "Sonny" McCoy
?mayor Pro Tern, Dixie Sehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
PIM
Mayor Charles `'Sonny"' McCoys
(SEAL:)
ATTEST: DANNY L. KOLiHAGE, CLERK
OOU1,;TY ATTWEY
DEPUTY CLERK
Attorney
Ocean Reef Map & FLUM Amendment
Page 4 of 4
EXI1133I'F I: I u'ruiiI, .I.,ANI) USE MAPS
Tlie Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
Ivey: Ivey Largo indicated above and briefly described as:
Mile Marker: Ocean Reef Club ri
Proposal: Change Future Land Use Map Designation from
Residential Medium (RM)to Recreation (R) and 300
from Recreation (R) to Residential Medium (RM)
Feet
Property Description: RE 00569443.005201 , 00569443.005200, 00569446.000100
005 6944 6.0 00 30 0. 005 6944 6.0 0040 0. 005 6944 6.0 0180 0. 005 6944 6.0 0190 0
Map ,amendment:
Land Use District Map #: 51
Proposed Future Land Use Map Amendment: Aerial
Ivey: Ivey Largo
Mile Marker: Ocean Reef Club
ri
Proposal: Change Future Land Use Map Designation from
Residential Medium (RM)to Recreation (R) and 040
from Recreation (R) to Residential Medium (RM)
Feet
Property Description: RE 00569443.005201 , 00569443.005200, 00569446.000100
005 6944 6.0 00 30 0. 005 6944 6.0 0040 0. 005 6944 6.0 0180 0. 005 6944 6.0 0190 0
Map ,amendment:
Land Use District Map #: 51
Proposed Future Land Use Map Amendment: Street Map
Ivey: Ivey Largo
Mile Marker: Ocean Reef Club
ri
Proposal: Change Future Land Use Map Designation from
Residential Medium (RM)to Recreation (R) and 840
from Recreation (R) to Residential Medium (RM)
Feet
Property Description: RE 00569443.005201 , 00569443.005200, 00569446.000100
005 6944 6.0 00 30 0. 005 6944 6.0 0040 0. 005 6944 6.0 0180 0. 005 6944 6.0 0190 0
Map ,amendment:
Land Use District Map #: 51
BOCC ORDINANCE TO AMEND
THE LAND USE DISTRICT MAP
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE LAND USE
MAP DI"WSIGNATION MAP FROM (IMPROVED SUBDIVISION) IS
TO (PARK AND REFUGE) PR FOR PROPERTY DESCRIBED AS
PART OF TRACTS A, F, & H, SUNRISE CAY III OCEAN REEF PLAT
NO. 1.5, OCEAN REEF, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER: 00569443.005201
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August 16, 2006 conducted a review and consideration of' the
request filed by Monroe County Planning to amend the Land Use Map Designation Map
from (Improved Subdivision) IS to (Park and Refuge) PR for property described as Part
of Tracts A, F. & H, Sunrise Cay 111. Ocean Reef Plat No. 15, Ocean Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005201; and
WHEREAS, the Monroe County Planning Commission, during a regular
meeting held on June 28, 2006 conducted a review of these same requests and
recommended approval to the Board of County Commissioners; and
WHEREAS, the Monroe County Development Review Committee, during
regular meetings held can April H, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27, 2006; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact reap changes
under sip listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial,
personal and communication needs of its residents on site.
(iii.) Data errors
Ocean Reef Map 8 LU Aniendnaent
Page I of 3
Staff believes that the R designation was meant for parcel 00569443.005201, not
the six parcels it currently touches. Staff is seeking to remove this error and
designate the appropriate parcel as PR and R.
(iv.) New issues
Staff recognized inconsistencies between the current land use designation, IS, and
the PLUM designation of R. Further research showed that the R designation was
improperly placed and staff seeks to clear this inconsistency and provide proper
land use and FLUM designations.
(v.) Recognition of a need for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and
FLUM designation. Staff also wants current use to be consistent with land use
designation and FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim lard classification pending
action to rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5, The Future Land Use Map of the Monroe County Year 2010.Comprehensive Plan,
which took effect on January 4. 1996, followed the land use district boundary and
designated a future land use categories of Recreation (R) and/or Residential Medium
(RM) for the IS parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM was not given the appropriate Parks &
Refuge (PR) zoning.
8. Section 9.5-51.1 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
lo. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater acid wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii),(iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This trap amendment will not result its a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use and future land use
map designations are appropriate for these properties and will allow the owners to
make: full use of the subject properties.
NOW THEREFORE, BE 1T ORDAINEDED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Ocean ]leer Map A L.0 Amendment
Page 2 of 3
Section 1. The Board specifically adopts the findings of: fact and conclusions of
lace stated above.
Section 2. The Land Use Designation Map of Monroe County shall be amended as
shown in. on the attached map, hereby incorporated by reference and attached at Exhibit
2.
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. This ordinance shall be filed in the Office of the Secretary of State of
the State of Florida but shall not become effective, until a notice is issued by the
Department of Community Affairs or Administration Commission approving the
ordinance.
PASSED AND ADOPTED by the Beard of County Commissioners of ;Monroe County, Florida at a
regular meeting, held on the I6"' day of August 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF M.ONROE COUNTY, FLORIDA
BY
(SEAL)
Mayor Charles "Sonny'" McCoy
ATTEST: DANNY L. K.OLFI.AGE, CLERK E COUNTY
I�
WP IiOVED A
DEPUTY CLERK
Ocean Reef Map 8 LU Arnendnren.t
Page. 3 of 3
Attorney
EXtm3rr2: LAND USU'DESIGNA.,riONMAPS
IV
coo
UIR
S
z
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Ivey: Key Largo
Mile Marker: Ocean Reef Club
Proposal: Change Land Use M ap Designation from
Improved Subdivision (I) to Parrs and Refuge (PR)
Property Description: RE 00569443.005201
Map ,amendment:
Into PR
ru
840
Feet
Land Use District Map #: 51
Proposed Land Use Designation Amendment: Aerial
Ivey: Ivey Largo
Mile Marker: Ocean Reef Club
Proposal: Change Land Use M ap Designation from
Improved Subdivision (I) to Parrs and Refuge (PR)
Property Description: RE 00569443.005201
Map ,amendment:
ru
380
Feet
Land Use District Map #: 51
Proposed Land Use Designation Amendment: Street Map
Ivey: Key Largo
Mile Marker: Ocean Reef Club
Proposal: Change Land Use M ap Designation from
Improved Subdivision (I) to Parrs and Refuge (PR)
Property Description: RE 00569443.005201
Map ,amendment:
Ito PR
ru
840
Feet
Land Use District Map #: 51
PLANNINGCOANIMISSION RESOLUTION
PLANNING COMMISSION RESOLUTION NO.:
A RESOLUTION BY THE MONROE COUNTRY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY
MONROE COUNTY PLANNINGTO AMEND THE FUTURE LAND
USE MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO
RECREATION (R) AND THE LAND USE MAP DESIGNATION MAP
FROM (IMPROVED SUBDIVISION) IS TO (PARK AND REFUGE) PR
FOR PROPERTY DESCRIBED AS PART OF TRACTS A, F, & H,
SUNRISE CAY III OCEAN REEF PLAT NO. 15, OCEAN REEF,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00569443.005201 AND TO AMEND THE SUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RECREATION (R) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS
BLK I LOTS 1-2-3-4 AND 18-19 SUNRISE CAY III OCEAN REEF
PLAT NO. 15, OCEAN REEF, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00569443.005200,
00569446.000100, 00569446.000300, 00569446.000400,
00569446.001800, AND 00569446.001900.
WHEREAS, the Monroe County Planning Commission, during a regular meeting
held on April 11, 2006 conducted a review and consideration of the request filed by
Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential
Medium (RAM) to Recreation (R) and the Land Use Map Designation Map from
(Improved Subdivision) IS to (Park and Refuge) PR for property described as Part of
Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County,
Florida, having Real Estate Number: 00569443.005201 and amend the Future Land Use
Map (FLUM) from Recreation (R) to Residential Medium (RM) for property described as
B LK 1 Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef,
Monroe County, Florida, having Real Estate Number: 00569443.005200,
00569446,000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900; and
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on April 11, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM)
from Residential Medium (RM) to Recreation (R) and the Land Use Map Designation
Map from (Improved Subdivision) IS to (Park and Refuge) PR for property described as
Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe
Ocean Reef Map 8 FLUM Arnendi-nent
Pagel or3
County, Florida, having Real Estate Number: 00569443.005201 and amend the Future
Land Use Map (FLUM) from Recreation (R) to Residential Medium (R-M) for property
described as BLK 1 Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15,
Ocean Reef, Monroe County, Florida, having Real Estate Number: 00569443.005200,
00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900 and recommended approval to the Planning Commission; and
WHEREAS, the Planning Commission examined the staff report prepared by
Julianne Thomas, planner on June 21, 2006; and
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In. accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial,
personal and communication needs of its residents on site.
(iii.) Data errors
Staff believes that theR. designation was meant for parcel 00569443.005201, not
the six parcels it currently touches. Staff is seeking to remove this error and
designate the appropriate parcel as PR and R.
(iv.)New issues
Staff recognized inconsistencies between the current land use designation, IS, and
the FLUM designation of R. Further research showed that the R designation. was
improperly placed and staff seeks to clear this inconsistency and provide proper
land use and FLUM designations.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and
FLUM designation. Staff also wants current use to be consistent with land use
designation and FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general.
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use categories of Recreation (R) and/or Residential Medium
(RNI) for the IS parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM was not given the appropriate Parks &
Refuge (PR) zoning.
S. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
Ocean Reef Neap 8 FLUM Amendnneilt
Page 2 of 3
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Planning Commission made the following Conclusions of
Law:
I . This map amendment meets criteria (ii),(iii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed lard use and future land use
map designations are appropriate for these properties and will allow the owners to
make full use of the subject properties.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONR.OE COUNTY, FLORIDA, to recommend APPROVAL
to the Monroe County Board of County Commissioners of the request filed by Monroe
County Planning to amend the future Laud Use Map (FLUM) from Residential Medium
(RM) to Recreation (R) and the Land Use; Map Designation Map from (Improved
Subdivision) IS to (Park and Refuge) PR for property described as Part of Tracts A, F, &
H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County, Florida, having
Real Estate Number: 00569443.005201. and. amend the Future Land Use Map (FLUM)
from Recreation (R) to Residential Medium. (RM) for property described as BLK 1 Lots
1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County,
Florida, having Real Estate Number: 00569443,005200, 00569446,000100,
00569446.000300, 00569446.000400, 00569446.001800, and 00569446.001900.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 28`h day of June 2006.
Chair James D. Cameron
YES
Commissioner Sherry Popham
YES
Commissioner Randy D. Wall
YES
Commissioner Michelle Cates -Deal
YES
Commissioner Donna Windle
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
James D. Cameron, Chair
Signed this day of , 2006
Ocean Reef Map 8 FLUM Amendment
Page 3 of 3
)E{;VE l.,OPM.E `I' FIEF,Vl[,,',W Cf)ViMEWEl< RESOLUTION
DEVELOPMENT REVIEW COMMITTEE
A RESOLUTION BY THE MONROE COUNTRY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY MONROE
COUNTY PLANNING TO AMEND THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO
RECREATION (R) AND THE LAND USE MAP DESIGNATION MAP
FROM (IMPROVED SUBDIVISION) IS TO (PARK AND REFUGE) PR
FOR PROPERTY DESCRIBED AS PART OF TRACTS A, F, &. H,
SUNRISE CAY III OCEAN REEF PLAT NO. 15, OCEAN REEF,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00569443.005201. AND TO AMEND THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RECREATION (R) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS
BLK 1 LOTS 1-2-3-4 AND 18-19 SUNRISE CAY III OCEAN REEF
PLAT NO. 15, OCEAN REEF, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00569443.005200,
00569446.000100, 00569446.000300, 00569446.000400,
00569446.001800, AND 00569446,001900.
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on April 11, 2006 conducted a review and consideration of the request Bled
by Monroe County Planning to amend the Future Land Use Map (FLUM) from.
Residential Medium (RM) to Recreation (R) and the Land Use Map Designation Map
From. (Improved Subdivision) IS to (Park and Refuge) PR for property described as Part
of Tracts A, F, & H, Sunrise Cay III Ocean Reef PIat No. 15, Ocean Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005201 and amend the Future
Land Use Map (FLUM) from Recreation (R) to Residential Medium (RM) for property
described as BLK I Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15,
Ocean Reef, Monroe County, Florida, having Real Estate Number. 00569443.005200,
00569446.000100, 00569446,000300, 00569446.000400, 00569446.001800, and
00569446.001900, and
WHEREAS, the Development Review Committee examined the staff report
prepared by Julianne Thomas, planner on March 31, 2006; and
Ocean Reef Map s FLUM Amendment
Page 1 of 3
WHEREAS, the Development Review Committee made the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six Listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial,
personal and communication needs of its residents on site.
(Hi.) Data errors
Staff believes that the R designation was meant for parcel 00569443.005201, not
the six parcels it currently touches. Staff is seeking to remove this error and
designate the appropriate parcel as PR and R.
(iv.) New issues
Staff recognized inconsistencies between the current land use designation, IS, and
the FLUM designation of R. Further research showed that the R designation was
improperly placed and staff seeks to clear this inconsistency and provide proper
land use and FLUM designations.
(v.)Recognition of a Sneed for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and
FLUM designation. Staff also wants current use to be consistent with land use
designation and FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use categories of Recreation (R) and/or Residential Medium
(RM) for the IS parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM was not given the appropriate Parks &
Refuge (PR) zoning.
8. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
Ocean Reef Map 8 FLU'N1 Amendment
Page 2 of 3
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
I. This map amendment meets criteria (ii),(iii), (1v), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use and future land use
map designations are appropriate for these properties and will allow the owners to
make full use of the subject properties.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend
APPROVAL to the Monroe County Planning Commission of the request filed by
Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential
:Medium (RM) to Recreation (R) and the Land Use Map Designation Map from
(:Improved Subdivision) IS to (Park and. Refuge) PR for property described as Part of
Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef, Monroe County,
Florida, having Real Estate Number: 00569443.005201 and amend the Future Land Use
Map (FLUM) from Recreation (R) to Residential Medium (RM) for property described as
BLK 1 Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef Plat No. 15, Ocean Reef,
Monroe County, Florida, having Real Estate Number: 00569443.005200,
00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 111h day of April, 2006,
Heather Beckmann, Sr. Planner
YES
:Ralph Gouldy, Sr. Administrator of Environmental Resources
YES
Clarence Feagin, Sr. Planner
YES
Julianne Thomas, Planner
YES
Department of Health (by FAX)
YES
Department of Public Works (by FAX)
YES
Department of Engineering (by FAX)
YES
DEVELOPMENT REVIEW COMMITTEE OF
MONROE COUNTY, FLORIDA
By
Heather Beckmann, DRC Chair
Signed this day of 2006
Ocean Reef Map S FLUM Amendment
Page 3 of 3
STAFF R.ElV )RT
Memorandum
To: Board of County Commissioners
From.: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27, 2006
Re: Request for Future Land Use Map and Land Use District Map Amendments
MEETING DATE: August 16, 2006
RE NUMBER: 00569443.005201
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Recreation (R)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Parks and Refuge (PR)
PROPERTY OWNER Great American Insurance Co.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 97,203.8 S.F. or 2.23 acres
RE NUMBER: 00569443.005200
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE .VIA' DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
Recreation (R)
Residential Medium. (RM)
Improved Subdivision (IS)
Improved Subdivision (IS)
Ocean Reef Volunteer Fire Dept.
None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 173,190.9 S.F. or 3.97 acres; 1.35 acres being changed
RE NUMBER: 00569446.000100
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
EXISTING .ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Improved Subdivision (IS)
PROPERTY OWNER: Frank Direo
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 88,161.16 S.F. or 2.02 acres; 0.23 acres being changed
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
RE NUMBER:
00569446.000300
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Improved Subdivision (IS)
PROPERTY OWNER: J. Ronald Terwilliger
AGENT:
PROPERTY INFORMATIO
None.
Key; Key Largo Mile Marker: Ocean Reef
Size of Parcel: 66,023.66 S.F. or 1.5 2 acres; 0.36 acres being changed
RE NUMBER: 00569446.000400
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Improved Subdivision (IS)
PROPERTY OWNER: Circle P Investments of Florida LLC
AGENT:
PROPERTY INFORMATION
None.
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 54,012.71 S.F. or 1.24 acres; 0.092 acres being changed
RE NUMBER: 00569446.001800
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Improved Subdivision (IS)
PROPOSED ZONING DESIGNATION: Improved Subdivision (IS)
PROPERTY OWNER:
AGENT:
Samuel & Grace Heffner
None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 35,848.61 S.F. or 0.82 acres; 0.13 acres being changed
RE NUMBER: 00569446,001900
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Improved Subdivision. (IS)
PROPOSED ZONING DESIGNATION: Improved Subdivision (IS)
PROPERTY OWNER: Samuel & Grace I-leffner
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 35,416.84 S.F. or 1.27 acres; 0.5 acres being changed
Ocean Reef Map 8 FLUM & Ll Amendment I30CC, August 16, 2006
Location Detail with Brief & Legal Descriptions:
The properties are located on Key Largo in Ocean Reef. These properties are in Sunrise Cay, in
the northeast portion of Ocean Reef.
A portion of the properties are proposed to change from improved Subdivision (IS) to .Parks and
Refuge (PR) and Future Land Use Map (FLUM) change from Residential Medium (RM) to
Recreation (R) is legally described as Part of Tracts A, F, & H, Sunrise Cay III Ocean Reef Plat
No. 15, Ocean Reef, Monroe County, Florida, having Real Estate Number: 00569443.005201.
The remaining properties with a proposed FLUM change from R to RM are legally described as
BLK I Lots 1-2-3-4 and 18-19 Sunrise Cay III Ocean Reef PIat No. 15, Ocean. Reef, Monroe
County, Florida, having Real Estate Number: 00569443.005200, 00569446.000100,
00569446.000300, 00569446,000400, 00569446.001800, and 00569446.001900.
Existing Use.
Parcel 00569443.005201 is currently being used as a parking lot for the adjacent boat docks.
Parcels 00569446.000100, 00569446.000300, 00569446.000400, 00569446.001800, and
00569446.001900 are owned privately and used for individual residences.
Parcel 00569443.005200 is a large landscaped median.
Existing Habitat:
Parcel 00569443.005201 is cleared with a few trees and a bufferyard. This site includes a
fringing mangrove and open water.
Parcels 00569446.000100, 00569446,000300, 00569446,000400, 00569446.001800, and
00569446.001900 are owned privately and used for individual residences. The habitat is cleared
with some native and exotic landscaping.
Parcel 00569443.005200 is a large vegetated -median with -hammock and some exotics.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as740 disturbed, 740.1.5 disturbed
with hammock and exotics, and 512 fringing mangrove in panel ##340.
Neighboring Land Uses and Character:
The surrounding properties are either native conservation areas or single family residences.
ZONING AND LAND USE HISTORY
Pre —1986 Zoning:
The subject property was zoned GU prior to 1986. This designation was for a general use district
with the purpose of establishing an interim land classification pending action to rezone the
property for another use.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject properties was
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
designated as IS with a FLUTA of RM except for an area that crosses all parcels known with RE
00569443.005201 with a Recreation (R) designation.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive flan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly formulated
Comprehensive Plan and to apply FLUM designations that were consistent with the land use
district designations. The property was given a FLUM designation of RM which was consistent
with original 1S land use district designation. The R FLUM remained.
Map changes or boundary considerations since 1986:
Staff is seeking this change to make the zoning consistent with the FLUM designation as well as
current and projected use.
ANALYSIS AND RATIONAL FOR CHANGE tPursuant to Section 9.5-511 d 5 b.
(i.) Changed projections:
None
(ii.) Changed assumptions:
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto
municipality providing its own sewer, garbage, police, fire protection and medical
services. ORC is isolated, 12 miles from Key Largo and 30 minutes from Florida City
and Homestead.
The original change in zoning was granted in part based on much of the vacant land along
CR-905 being turned into a wildlife refuge. Staff believed that the environmentally
sensitive nature of the lands could be protected by reducing the number of trips on CR-
905. One way to reduce the number of trips is to provide for more services on site. The
only way to provide more services on site is to create more areas which will allow for
commercial development.
ORC provides amenities to its residents in the form of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
(iii.) Data errors:
Staff believes that the R designation has always been intended for Parcel
00569443.005201 as this lot serves as a parking lot for the attached docks and marina
facilities. Staff believes the intention was never that lots awned by individuals used for
individual residences would have a FLUM designation of R.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Reef that
had zone changes. In doing research to remove inconsistencies, Staff noticed the R
parcel that crosses into individually awned lots and seeks to change the zoning and
FLUM designations to current and projected use.
(v.) Recognition of a need for additional detail or comprehensiveness:
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
Staff believes it is in the best interest for Monroe County and Ocean Reef to have an
accurate land use map and FLUM map to allow all parcels to be used and developed to
their fullest, most appropriate potential.
(vi.)Data updates:
None
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development re ulations LDR's
00569443.005201 will go from IS to PR while all other RE #'s will remain as 1S.
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the 1S district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior to
the adoption. of this chapter. For the purpose of this section, improved lots are those which are
served by a dedicated and accepted existing road of porous or nonporous material, that have a
Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district
is not intended to be used for new land use districts of this classification within the county.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of
this plan and to define improved subdivisions as those lots served by a dedicated and accepted
existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development on vacant land within this land use category
shall be limited to one residential. dwelling unit for each such platted lot or parcel which
existed at the time of plan adoption. However, Monroe County shall adopt Land Development
Regulations which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4,
1996.to develop, redevelop, reestablish and/or substantially improve provided that the uses are
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDR's allowed, whichever is more restricted. Lands within this
land use category shall not be further subdivided.
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and private
activity -based and resource -based recreational facilities.
2. Potential Land [,uses with Proposed Map Amendment
00569443.005201 will go from RM to R while the remaining properties will be changed from R to
RM.
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior to
the adoption of this chapter. For the purpose of this section, improved lots are those which are
served by a dedicated and accepted existing road of porous or nonporous material, that have a
Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district
is not intended to be used for new land use districts of this classification within the county.
Sec. 9.5-224. Purpose of the Park and Refuge District (PR).
The purpose of the PR district is to establish and protect areas as parks, recreational areas and
wildlife refuges.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of
this plan and to define improved subdivisions as those lots served by a dedicated and accepted
existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or parcel which
existed at the time of plan adoption. However, Monroe County shall adopt Land Development
Regulations which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided that the uses are
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDR's allowed, whichever is more restricted. Lands within this
land use category shall not be further subdivided.
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and private
activity -based and resource -based recreational facilities.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the land use designation and FLUM is not going to have any practical effect on land
uses or community character. These changes are simply recognizing current use and if anything,
protect the value of the land by ensuring current use will be able to continue.
Use Compatibility
Parcel 00569443.005201 is being used as a parking lot with docks. A land use designation of PR
with a FLUM of R will permit these uses.
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
Parcels 00569446.000100, 00569446,000300, 00569446.000400, 00569446.001800, and
00569446.001900 are being used by individuals for single family homes. A land designation of
IS with. a FLUM of RM is consistent with this use.
Parcel 00569443.005200 is disturbed with hammock. Currently, ORC has no use planned, but
expressed a desire for this median to have IS zoning with a FLUM of RM. Staff agrees this
designation is appropriate for this parcel in this setting. ORC understands that setbacks for three
front yards a nd compliance w ith all LDRs w ould h ave t o b e m et b efore t his p arcel c ould b e
developed.
Effects on Natural Resources Goal 1.02
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. Future development would be
required to comply with all Monroe County Code, State and Federal environmental regulations.
These Land Use Designation changes and FLUM changes will. not have an adverse effect on this
goal.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities.
The proposed FLUM and Land Use District Map amendments will not affect Objective 101.11
and will encourage commercial development to remain on disturbed lands rather than
encroaching on environmentally sensitive areas.
Local Traffic, Parking, and Traffic Circulation
The subject property is located in Ocean Reef, a gated community with limited access to non-
members. Much of the travel within Ocean Reef is conducted using golf carts and staff has no
evidence that there will be any local traffic, parking or traffic circulation issues created.
Effects on Public Facilities
ORC provides many of its own services in terms and anticipates no problem continuing to meet
the community needs if this amendment is approved and enacted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b o f t he M onroe C ounty C ode ( MCC) o flows t he B oard o f C ounty
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(H.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial, personal and
communication needs of its residents on site.
(iii.) Data errors
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
Staff believes that the R designation was meant for parcel 00569443.005201, not the six
parcels it currently touches. Staff is seeking to remove this error and designate the
appropriate parcel as PR and R.
(iv.) New issues
Staff recognized inconsistencies between the current land use designation, IS, and the
FLUM designation of R. Further research showed that the R designation was improperly
placed and staff seeks to clear this inconsistency and provide proper land use and FLUM
designations.
(v.)Recognition of a treed for additional detail or comprehensiveness:
Staff is seeking to minimize inconsistency between land use designation and FLUM
designation. Staff also wants current use to be consistent with land use designation and
FLUM designation when possible.
3. The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
4. The subject properties were assigned zoning of Improved Subdivision (IS) in 1986_
5. The Future L and Use Map of the :Monroe County Y ear 2010 Comprehensive Plan, which
took effect on January 4, 1996, followed the land use district boundary and designated a
future land use categories of Recreation (R) and/or Residential. Medium. (RM) for the IS
parcels.
6. The Recreation (R) polygon was incorrectly placed on lots with individual homes.
7. The lot intended for the Recreation (R) FLUM - RE 00569443.005201- was not given the
appropriate Parks & Refuge (PR) zoning.
8. Section 9.5-511 prohibits any map amendments that would negatively impact community
character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storwater and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (d), (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed land use and future land use map
designations are appropriate for these properties and will allow the owners to make full use
of the subject properties.
RECOMMENDATION:
Based on the alcove Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Land Use Designation and Future Land
Use Map amendment from IS to PR and RM to R for RE ##. 00569443.005201 and Future Land
Use Map amendments from R to RM for RE Ws: 00569443.005200, 00569446.000100,
00569446,000300, 00569446.000400, 00569446.001800, and 00569446.001900.
Ocean Reef Map 8 FLUM & LU Amendment BOCC, August 16, 2006
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