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Item R01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 16, 2006 Division: Growth Management Bulk Item: Yes No~ Department: Planning and Environmental Res. AGENDA ITEM WORDING: MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map (FLUM) Amendment from Residential High (RR) to Mixed Use/Commercial (Me) for properties physically located in Ocean Reef Club between Marina Drive and Anchor Drive. The properties are legally described as Government Lot 4, and part of the NE >~ of the SW i;'; of the plat oflands of Seaboard Properties inc., Section 7, Township 59S, Range 41E, North Key Largo, Monroe County, FL, having Real Estate Numbers: 00081740.000500, 00081760.000000, and 00081710.000000. Staff Contact Person: Ty Symroski MONROE COUNTY PLANNING DEPARTMENT ;\ND THE OCEAN REEF CLUB are requesting a Land Use District Map Amendment from Urban Residential CUR) to Suburban Commercial (SC) for property legally described as part of Government Lot 4 and Part NE ';'; of SW y:; Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #0008171 0 and Part NE 'l~ of SW 1" Section 7, Township 59S, Range 41 E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Number: 00081760.000000 and 00081740.000000. (first of two public hearings) ITEM BACKGROUND: The proposal has been reviewed pursuant to MCC 99.5-51 L The Development Review Committee held a public hearing on these matters on April II, 2006 and May 23, 2006 and recommended approval of the amendment. The Planning Commission held a public hearing on this matter on June 28, 2006 and recommended approval of the amendment This is largely a housekeeping measure. In 1995, the BOCC approved a Land Use Designation change. At the time this change \vas made, the corresponding FLUM change was not made. The Planning Department is changing the FLUM designation in order to allow the parcels to be developed to their greatest potential. In addition, other portions of adjoining parcels are being changed in order to allow the Ocean Reef Club to develop the land to its fullest potentiaL PREVIOUS RELEVANT BOCC ACTION: In 1995, a Land Use Designation change was approved from Urban Residential (UR) to Suburban Commercial (SC) for these parcels. 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 Afty X OMB/Purchasing _ Risk Management ~~_ DIVISION DIRECTOR APPROVAL: .-/~p / / / / /"/ /,l1:Symroski // / ~V~2"6 ~; / DOCUMENT A TION: Included X Not Required _M ~._ DISPOSITION: AGENDA ITEM # MONHOE COUNTY YEAH 2010 COMPHEIIENSIVE PLAN AMENDMENT FUTUHE I,AND LiSE MAP AMENDMENTFHOM HESIDEN'I'IAL HIGII (HH) TO MIXED USE COMMEHCIAL (MC) AND LAND USE DISTRICT MAP Al\lENIJMENT FHOM URBAN HESJI)ENTIAJ, (UH) 1'0 SUBUHBAN COMMEHCIAL (SC) BOAHD OF COUNTY C()MMISSIONEHS KEY I,AHGO AUG LiST 16, 2006 PHOPOSEDFUTUBE LAND USE MAP AMENDMENT RESIDENTIAL l1IGIl (HII) TO MIXED USE/COMMEHCIAL (MC) AND PHOPOSEDLAND USE DISTRICT MAP Ai\fENDMEN'r URBA.N HESIDENTIAL (un) TO SUBUItBAN COMMEHCIAL (SC) A BEQUEST BY TIlE [vIONHOE COUNT'{ PI>ANNING DEPARTMENT FOHA FUTUBE LAND USE MAP (FI"UM) AMENDMENT F({OM BESIDENTIAL HIGH (UIl) TO MIXEI) USE/COMJvlEHCIAL U\lC) FOR PBOPEHTIES PIIYSIC,\LLY LOCATED IN OCEAN I1EEF CLUB BE'I'WEEN M.AI1INA DRIVE AND ANCJIOH DI1IVE. TIlE PBOPEUTIES AUE LEGALLY DESCRIBED AS GOVERNMIsN'r LOT 4" AND P Au'r OF TIlE NE % OF TILE SW % OF THE PLAT OF LANI)S OF SEABOABJ) PHOPEIH'lES INC., SECTION 7, TOWNSll1P 59S, BANGE 41E, NOHTII KEY LABGO, MONROE COUNTY, 1"1" fIAVING HEAL ESTATE NlJI\lBEHS: 0003174,().()00500, 00031760.000000, ANI) 00031710.000000. A BEQUEST BY 'I'HEMONHOE COUN'I'Y PLANNING DEPAHTMENT AND TIlE OCEAN HEEl" CLUB FOB ALAND USE DISTHICT MAP AMENIlMENT FHOM UHBAN BESIDEN'rIAL (UB) TO SUBURBAN COMMEBCIAL (SC) FOB. PHOPEHTYLEGALL Y DESCHIBEI) AS PABT 01" GOVEHNMENTLo'r 'l AND PAHT NE % OF SW % SECTION 7 'l'OWNSIIIP 59S.. RANGE 41 E ISLAND OF KEY LARGO, PfH.83 MONBOE COUNTY, FLORIDA, HEAL ESTATE #00081710 AND PAHT NE % OF SW % SEC'rION 7, TOWNSHIP 59S, HANGE 41EfSLAND OF KEYLAHGO, pB4,.a:{,MONHOE COUNTY, FLORIDA, IIA VINGREAL ESTATE NUMBEH: 00081760.000000 AND 00081740.000000. HECO!\lMENDATIONS DHe: pc: April] I &May 23, 2006 June 28, 2006 BOCC TI1ANSMITTAIJ HESOI.lJTION RESOLUTION NO. -2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS A REQUEST BY THE MONROE COUNTY PLANNING AND ENVIRONMENT AL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS PART LOT 4 AND PART NE Y. OF THE SW 'i4 OF SECTION 7, TO\VNSHIP 59S, RANGE 41E, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE REAL ESTATE NUMBERS: 00081740.000500, 00081760.000000, AND 00081710.000000. WHEREAS the Monroe Connty Board of County Commissioners makes the following findings of fact: 1. 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. 3. 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 163.3184, 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 of9J-l1.006 of the Florida Administrative Code. 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 16th day of August, 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner George Neugent Commissioner Commissioner Glenn Patton BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (Seal) ATTEST: DANNY 1. KOLHAGE, CLERK Deputy Clerk yD. Sanders Assistant ~/ty Attorney DATE: 11 i lJt BOCC OHDINANCE fro AMEND THE FD'reHELAND eSE I)JSI'HICTMAP (Fl,EM) 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 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS PART LOT 4 AND PART NE Y4 OF THE SW 'i4 OF SECTION 7, TOWNSHIP 59S, RANGE 41E, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE REAL ESTATE NUMBERS: 00081740.000500, 00081760,000000, AND 00081710.000000; \VHEREAS, 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 High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE ~14 ofthe SW 'i4 of Section 7, Township 59S, Range 41 E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500, 00081760.000000, and 00081710.000000; and WHEREAS, the Monroe County Planning Commission, during a regular meeting held on June 28, 2006 conducted a review of these same requests and recommended approval to the Board of County Commissioners; and WHEREAS, the Monroe County Development Review Committee, during regular meetings held on April 11, 2006 and May 23,2006 conducted a review and consideration of these same requests and recommended approval to the Planning Commission; and WHEREAS, the Board of County Commissioners examined the staff report prepared by Julianne Thomas, Planner on July 27, 2006; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. In accordance with Section 9.5-511 (d) (5) (b): (ii.) Changed assumptions: Ocean Reef FLUM Ordinance Page I of4 ORC is a gated, private community committed to meeting the commercial and communication needs of its residents on site. As such, areas identified for commercial development need to have the appropriate FLUM to allow commercial development. (iv.) New issues Staff believes that the property should have a FLUM consistent with current zoning and land use. The limited commercial areas in ORC need to be available for development to the ORC community. (v.) Recognition of a need for additional detail or comprehensiveness: FLUM designations need to correspond with Land Use designations in order to provide property owners an opportunity to fully develop their land. This FLUM designation needs to be changed to correspond with the Land Use Designation. 3. The subject property was zoned BU-2 prior to 1986. 4. The subject property was assigned zoning of Urban Residential (UR) in 1986. 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect on January 4, 1996, followed the land use district boundary and designated a future land use category of Residential High (RH) for the UR parceL 6. Pursuant to a 1995 development agreement with Ocean Reef, the zoning of this parcel was changed from UR to Suburban Commercial (SC). 7. The present RH FLUM designation does not correspond with the existing Sub Urban Commercial (SC) land use district designation. S, The Residential High (RH) FLUM does not allow for the SC parcel to be developed to its highest potentiaL 9. Section 9.5-511 prohibits any map amendments that would negatively impact community character. No negative impacts were identified. 10. 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. 11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for storrnwater and wastewater indicate that there are no significant concerns. WHEREAS, the Board of County Commissions makes the following Conclusions of Law: 1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of the Monroe County Land Development Regulations. 2, This map amendment will not result in a negative impact or alter the character of the properties or the immediate vicinity. 3. Based on the Findings of Facts presented, the proposed land use designation is appropriate for this property and will allow the ovvners to make full use of the subject property. Ocean ReefFLUM Ordinance Page 20f4 NO\V THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board specifically adopts the tindings of fact and conclusions of law stated above. Section 2. The Future Land Use Map of the Monroe County Year 20 I 0 Comprehensive Plan shall be amended as show'll in on the attached map, hereby incorporated by reference and attached as Exhibit 1. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity, Section 4. 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 5. 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 9J-ll.0 11 of the Florida Administrative Code. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Ocean ReefFLUM Ordinance Page 3 of4 Ocean Reef FLUM Ordinance PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of Mayor Charles "Sonny" McCoy Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner Commissioner Glenn Patton BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) DEPUTY CLERK ATTEST: DANNY L. KOLHAGE, CLERK Ocean Reef FLUM Ordinance Page 4 of 4 EXIIIBIT 1: FUTUHE LAND USE MAPS RM RH to Me The Monroe County Year 2010 Comprenhensi ve Plan Future Land Use Map is proposed to be amended Key: Key La rgo as indi cated above and briefly described below: ~ Mile Marker: Ocean Reef Club I'i.I Proposal: Change Future Land Use Map Desi gn ati on from Residential High (RH) to Mixed-Use Commercial (M C) 470 Property Description: RE 00081740.000500,00081710.000000,00081760.000000 Feet Map Amendment: Land Use District Map #: 56 Proposed Future Land Use Map Amendment: Aerial Key: Key La rgo ~ Mile Marker: Ocean Reef Club I'i.I Proposal: Change Future Land Use Map Desi gn ati on from Residential High (RH) to Mixed-Use Commercial (M C) 270 Property Description: RE 00081740.000500,00081710.000000,00081760.000000 Feet Map Amendment: Land Use District Map #: 56 Q0- 00- C; -<- ~ <:)0 ~<) ":v~ {1 EXUMA RD RH to Me I Proposed Future Land Use Map Amendment: Street Map Key: Key La rgo ~ Mile Marker: Ocean Reef Club I'i.I Proposal: Change Future Land Use Map Desi gn ati on from Residential High (RH) to Mixed-Use Commercial (M C) 875 Property Description: RE 00081740.000500,00081710.000000,00081760.000000 Feet Map Amendment: Land Use District Map #: 56 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 DISTRICT MAP AMENDMENT FROM URBAN RESIDENTIAL (UR) TO SUBURBAN COMMERCIAL (SC) FOR PROPERTY LEGAlLY DESCRIBED AS PART OF GOVERNMENT LOT 4 AND PART NE Y4 OF SW \/i SECTION 7 TOWNSHIP 59S, RANGE 41 E ISLAND OF KEY LARGO, PB4-83 MONROE COUNTY, FLORIDA. REAL ESTATE #00081710.000000 AND PART NE 14 OF SW Y4 SECTION 7, TOWNSHIP 59S, RANGE 41E ISLAND OF KEY LARGO, PB4-83, MONROE COUNTY, FLORIDA. HAVING REAL ESTATE NUMBERS: 00081760.000000 AND 00081740.000000. WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on August 16, 2006 conducted a review and consideration of the request filed by Monroe County Planning to amend the Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) tor property legally described as part of Government Lot 4 and Part NE Y4 ofSW 1/4 Section 7 T ov,mship 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE Y.\ of SW Y4 Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000; and WHEREAS, the Monroe County Planning Commission, during a regular meeting held on June 28, 2006 conducted a review of these same requests and recommended approval to the Board of County Commissioners: and WHEREAS, the Monroe County Development Review Committee, during regular meetings held on April 11, 2006 and May 23. 2006 conducted a review and consideration of these same requests and recommended approval to the Planning Commission; and 'WHEREAS, the Board of County Commissioners examined the stafT report prepared by Julianne 'Thomas, Planner on July 27, 2006; and WHEREAS, tbe Board of County Commissioners makes the following Findings of Fact: Ocean Reef LU Ordinance Page I of3 1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. In accordance with Section 9.5-511 (d) (5) (b): (ii.) Changed assumptions: ORC is a gated, private community committed to meeting the commercial and communication needs of its residents on site. As such, areas identified for commercial development need to have the appropriate FLUM to allow commercial development. (iv.) New issues StafTbelieves that the property should have a FLUM consistent with current zoning and land use. The limited commercial areas in ORC need to be available for development to the ORC community. (v.)Recognition of a need for additional detail or comprehensiveness: FLUM designations need to correspond with Land Use designations in order to provide property owners an opportunity to fully develop their land. This FLUM designation needs to be changed to correspond with the Land Use Designation. 3. The subject property was zoned BU-2 prior to 1986. 4. The subject property was assigned zoning of Urban Residential (UR) in 1986. 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect on January 4, 1996, followed the land use district boundary and designated a future land use category of Residential High (RH) for the UR parcel. 6. Pursuant to a 1995 development agreement with Ocean Reef the zoning of this parcel was changed from UR to Suburban Commercial (SC). 7. Surrounding properties are all SC, and changing this designation will allow the parcels to developed to their greatest potential. 8. Section 9.5-511 prohibits any map amendments that would negatively impact community character. No negative impacts were identified. 9. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for storm water and wastewater indicate that there are no significant concerns. WHEREAS, the Board of County Commissions makes the t:iJIlO\ving Conclusions of Law: L This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5.511 of thc 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. Ocean Reef LU Ordinance Page 2 of3 3, Based on the Findings of Facts presented, the proposed land use designation is appropriate for this property and will allow the owners to make full use of the subject property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The 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 efIective until a notice is issued by the Department of Community Atlairs or Administration Commission approving the ordinance. Ocean Reef L U Ordinance PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the ~__ day of~~_~~~~__. Mayor Charles "Sonny" McCoy Mayor Pro Tem, Dixie Spehar Commissioner George Neugent Commissioner Commissioner Glenn Patton BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L KOLHAGE, CLERK DEPUTY CLERK Ocean Reef LU Ordinance Page 3 of3 EXHIBIT 2 LAND USE DISTRICT MAP 1 \ I I \ I \ ~\ ~ /~~~) ~ {~~ r--f' / Jf ~/~ \ /U R / " '--..... L ~/ (J...~ ,/^"'\ "'\ U D ~ (~). \ / Y' _-...... J / ./ / ----- ~<{? '< \ P R ;if \" ~ -& \ /"/ \ (/ ~ lJ~c ~ / / / / ) / / IS ~ / JJR / NA IS T-~ ........... -........ ........... -- --- SS The Monroe County Land Use Map is proposed to be amended as indi cated above and briefly described below: Key: Key La rgo Mile Marker: Ocean Reef Club ~ I'i.I Proposal: Change Land Use District from Urban Residential (UR) to Suburban Commercial (SC) 875 Property Description: RE 00081740.000000,00081710.000000,00081760.000000 Feet Map Amendment: Land Use District Map #: 56 Proposed Land Use District Map Amendment: Aerial Map Key: Key La rgo ~ Mile Marker: Ocean Reef Club I'i.I Proposal: Change Land Use District from Urban Residential (UR) to Suburban Commercial (SC) 250 Property Description: RE 00081740.000000,00081710.000000,00081760.000000 Feet Map Amendment: Q<<:- 00- (;~ ~ '00 ~Q ':v~ ~ Q<l:- O<t- u.:f t EXUMA RD UR to SC I Proposed Land Use District Map Amendment: Street Map Key: Key La rgo ~ Mile Marker: Ocean Reef Club N Proposal: Change Land Use District from Urban Residential (UR) to Suburban Commercial (SC) 875 Property Description: RE 00081740.000000,00081710.000000,00081760.000000 Feet Map Amendment: PLANNING COMMISSION HESOLU'fION 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 PLANNING TO AMEND THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED USE CO!vfMERCIAL (MC) FOR PROPERTY DESCRIBED AS PART LOT 4 AND PART NE ~ OF THE SW J~ OF SECTION 7, TOVv'NSHIP 59S, RANGE 41E, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE REAL ESTATE NUMBERS: 00081740.000500,00081760.000000, AND 00081710.000000 AND A LAND USE DISTRICT MAP AMENDMENT FROM URBAN RESIDENTIAL (UR) TO SUBURBAN COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS PART OF GOVERNMENT LOT 4 AND PART NE V4 OF SW ~ SECTION 7 TOWNSHIP 59S, RANGE 41 E ISLAND OF KEY LARGO, PB4-83 MONROE COUNTY, FLORIDA, REAL ESTATE #00081710.000000 AND PART NE ~ OF SW l~ SECTION 7, TOWNSHIP 59S, RANGE 41 E ISLAND OF KEY LARGO, PB4-83, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS: 00081760.000000 AND 00081740.000000. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on June 28, 2006 conducted a review and consideration of the request filed by Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE 1/4 of the SW j~ of Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500, 00081760.000000, AND 00081710.000000 and a Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of Govemment Lot 4 and Part NE 1/.1 ofSW 1;4 Section 7 Township 59S. Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE V4 ofSW ~ Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000; and WHEREAS, the Monroe County Development Review Committee, during regular meetings held on Aprilll, 2006 and May 23, 2006 condueted a review and consideration of the request filed by Monroe County Planning to amend the Future Land Ocean Reef Map I FLUM Amendment Page lof3 Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE Y4 of the SW 1;4 of Section 7, Township 59S, Range 41 E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500, 00081760,000000, AND 00081710.000000 and a Land Use District Map Amendment from Urban Residential (DR) to Suburban Commercial (SC) for property legally described as part of Government Lot 4 and Part NE 1;4 of SW 1;4 Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE 1;4 ofSW 14 Section 7, Township 59S, Range 41 E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000; 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 (MeC) allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. In accordance with Section 9.5-511 (d) (5) (b): (ii.) Changed assumptions: ORC is a gated, private community committed to meeting the commercial and communication needs of its residents on site. As such, areas identified for commercial development need to have the appropriate FLUM to allow commercial development. (iv.) New issues Staff believes that the property should have a FLUM consistent with current zoning and land use, The limited commercial areas in ORC need to be available for development to the ORC community. (v.)Recognition of a need for additional detail or comprehensiveness: FLUM designations need to correspond with Land Use designations in order to provide property owners an opportunity to fully develop their land. This FLUM designation needs to be changed to correspond with the Land Use Designation. 3. The subject property was zoned BU-2 prior to 1986. 4. The subject propeny was assigned zoning of Urban Residential (UR) in 1986. 5, The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect on January 4, 1996, followed the land use district boundary and designated a future land use category of Residential High (RH) for the UR parcel. 6. Pursuant to a 1995 development agreement with Ocean Reef, the zoning of this parcel was changed from UR to Suburban Commercial (SC), 7. The present RH FLUM designation does not correspond with the existing Sub Urban Commercial (SC) land use district designation. 8. The Residential High (RH) FLUM does not allow for the SC parcel to be developed to its highest potential. Ocean Reef Map 1 FLUM Amendment Page 2 of3 9. Section 9.5-511 prohibits any map amendments that would negatively impact community character. No negative impacts were identified. 10. 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. 11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for stonnwater and wastewater indicate that there are no significant eoneems. WHEREAS, the Planning Commission made the following Conclusions of Law: L This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of the Monroe County Land Development Regulations. 2, This map amendment will not result in a negative impact or alter the character of the properties or the immediate vicinity, 3. Based on the Findings of Facts presented, the proposed land use designation is appropriate for this property and will allow the owners to make full use of the subject property. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commission of the request filed by Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE Y4 of the SW Y4 of Section 7, Township 59S, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500, 00081760.000000, AND 00081710.000000 and a Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of Govemment Lot 4 and Part NE Y4 of S\V Y4 Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE Y4 ofSW ~~ Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83,Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 28th day of June 2006, Chair James D. Cameron Commissioner Sherry Popham Commissioner Randy D. Wall Commissioner Michelle Cates-Deal Commissioner Donna Windle YES YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA Ocean Reef Map 1 FLUM Amendment Page 3 of4 DEYELOPMENTHEVIEW COMM.ITTEE HESOLUTION DEVELOPMENT REVIEW COMMITTEE A RESOLUTION BY THE MONROE COUNTRY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY MONROE COUNTY PLANNING TO AMEND THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 201 0 COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO MIXED USE COMMERCIAL (Me) FOR PROPERTY DESCRIBED AS PART LOT 4 AND PART NE ~ OF THE SW ~ 0 F SECTION 7 , TOWNSHIP 5 9S, RANGE 4 1 E, 0 CEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE REAL EST ATE NUMBERS: 00081740.000500, 00081760.000000, AND 00081710.000000 AND A LAND USE DISTRICT MAP AMENDMENT FROM URBAN RESIDENTIAL (UR) TO SUBURBAN COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS PART OF GOVERNMENT LOT 4 AND PART NE ~~ OF SW ~ SECTION 7 TOWNSHIP 59S, RANGE 41 E rSLAND OF KEY LARGO, PB4-83 MONROE COUNTY, FLORIDA, REAL ESTATE #00081710.000000 AND PART NE ~ OF SW Y4 SECTION 7, TOWNSHIP 59S, RANGE 41E ISLAND OF KEY LARGO, PB4-83, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS: 00081760.000000 AND 00081740.000000. WHEREAS, the Monroe County Development Review Committee, during regular meetings held on April] 1, 2006 and May 23, 2006 conducted a review and consideration ofthe request filed by Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE ~ of the SW ~ of Section 7, Township 59S, Range 41 E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500,00081760.000000, AND 00081710.000000 and a Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of Government Lot 4 and Part NE Y4 of SW ~ Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE 1;4 ofSW ~ Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000; and WHEREAS, the Development Review Committee examined the staff reports prepared by Julianne Thomas, planner on March 31, 2006 and May 16,2006; and WHEREAS, the Development Review Committee made the following Findings of Fact: Ocean Reef Map 1 FLUM Amendment Page 1 of3 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): (iL) Changed assumptions: ORC is a gated, private community committed to meeting the commercial and communication needs of its residents on site. As such, areas identified for commercial development need to have the appropriate FLUM to allow commercial development. (iv.) New issues Staff believes that the property should have a FLUM consistent with current zoning and land use. The limited commercial areas in ORC need to be available for development to the ORC community. (v.)Recognition of a need for additional detail or comprehensiveness: FLUM designations need to correspond with Land Use designations in order to provide property owners an opportunity to fully develop their land. This FLUM designation needs to be changed to correspond with the Land Use Designation. 3. The subject property was zoned BU-2 prior to 1986. 4. The subject property was assigned zoning of Urban Residential (UR) in 1986. 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect on January 4, 1996, followed the land use district boundary and designated a future land use category of Residential High (RH) for the UR parcel. 6. Pursuant to a 1995 development agreement with Ocean Reef, the zoning of this parcel was changed from UR to Suburban Commercial (SC), 7. The present RH FLUM designation does not correspond with the existing Sub Urban Commercial (SC) land use district designation. 8. The Residential High (RH) FLUM does not allow for the SC parcel to be developed to its highest potential. 9. Section 9.5-511 prohibits any map amendments that would negatively impact community character. No negative impacts were identified. 10. 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. 11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for stormwater and wastewater indicate that there are no significant concerns. WHEREAS, the Development Review Committee made the following Conclusions of Law: L This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of the Monroe County Land Development Regulations. Ocean Reef Map 1 FLUM Amendment Page20f3 2. This map amendment will not result in a negative impact or alter the character ofthe properties or the immediate vicinity. 3. Based on the Findings of Facts presented, the proposed land use designation is appropriate for this property and will allow the owners to make full use of the subject property. NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROV AL to the Monroe County Planning Commission of the request tiled by Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MC) for property described as Part Lot 4 and Part NE ~ of the SW ~ of Section 7, Township 595, Range 41E, Ocean Reef, Key Largo, Monroe County, Florida having the Real Estate Numbers: 00081740.000500, 00081760.000000, AND 00081710.000000 and a Land Use District Map Amendment from Urban Residential (UR) to Suburban Commercial (SC) for property legally described as part of Government Lot 4 and Part NE ~ of SW Y4 Section 7 Township 59S, Range 41 E Island of Key Largo, PB4-83 Monroe County, Florida, Real Estate #00081710.000000 and Part NE ~ of SW ~ Section 7, Township 59S, Range 41E Island of Key Largo, PB4-83, Monroe County, Florida, having Real Estate Numbers: 00081760.000000 and 00081740.000000. PASSED AND ADOPTED by the Development Review Committee of Monroe County at a regular meeting held on the 23rd day of May, 2006. Heather Beckmann, Sr. Planner YES Ralph Gouldy, Sr. Administrator of Environmental Resources YES Joe Haberman, 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] FLUM Amendment Page 3 of3 STAFF REP()I{T Alex Score. Biologist Date: July 27, 2006 He: Bequest for Future Land Use Map Anlendrnt~nt and IAlnd Use Designation Change Memorandum To: Board of County Commissioners From: Julianne Thomas, Planner MEETING DATE: August 16,2006 RE NUMBER: 000817,H).OOOOOO EXISTING FUTURE I,AND USE MAP DESIGNATION: PROPOSED FUTURE LAND USE MAP DESIGNATION: EXISTING ZONING DESIGNATION: PROPOSED ZONING DESIGNATION: I>ROPERTY OWNER: AGENT: PROPERTY INFORMATION Mixed Use/Connnereial (MC) Mixed Use/Conunereial (MC) Urban Hesidential (U R) Suh Urban Commereial (SC) Ocean Heef Business Center LLC Beed & Cornpany Development Services Inc. Key: Key [,argo Mile Marker: Ocean Reef Size of Parcel: 7.35 Acres; 0.85 acres (36,888 s.f.) heing changed RE NUMBER: 00081740.000500 EXISTING FUTURE LAND USE MAP DESIGNATION: PROPOSED FUTURE LAND USE MAP DESIGNATION: EXISTING ZONING DESIGNATION: PROPOSED ZONING DESIGNATION: PROPERTY OWNER: AGENT: PROPERTY INFORMATION Besidential IIigh (HII) Mixed Use/Commercial (MC) Sub Urban Cornmereial (SC) Sub Urban Commercial (SC) Ocean Reef Business Center LLC Heed & Company Development Services Inc. Key: Key Largo Size of Parcel: 2.36 Acres Mile Marker: Ocean Reef RE NUMBER: 00081760.000000 EXISTING FUTURE lAND USE MAP DESIGNATION: n.esidential lIigh (HII),Mixed Use/Conunercial (N1C), Heereation (H), Ilesidential Conservation (He) PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use/Cornmereial (MC), Heereation (H), Residential Conservation (HC) EXISTING ZONING DESIGNATION: Sub Urban Corrnnereial (SC), Urhan Ilesidential (UIl.), Parks and Hefuge (PH), Native Area (NA) PROPOSED ZONING DESIGNATION: SuI, Urhan Commercial (SC), Parks and Hefuge (PH), Native Area (NA) Oeean HeefM ap IFLUl\I & LU Amendment BOCC, August 16,2006 PROPERTY OWNER: AGENT: PROPERTY INFORMATION Key: Key Largo Size of Parcel: 23.38 Acres, 6.05 J:roposed to be changed for LUD. RE NUMBER: 00031710.000000 EXISTING FUTURE LAND USE MAP DESIGNATION: PROPOSED FUTURE LAND USE MAP DESIGNATION: EXISTING ZONING DESIGNATION: PROPOSED ZONING DESIGNATION: PROPERTY OWNER: AGENT: PROPERTY INFORMATION Oeean Reef Acquisition Corp. Reed & Company Development Services Inc. Mile Marker: Ocean Reef Acres proposed to he changed for FLU1\1; 1.04, Acres Residential High (n II) Mixed Use/Commercial (Me) Urban Hesidential (UR) Sub Urban Commercial (SC) Ocean Heef Club, Inc. Heed & Company Development Services Inc. Key: Key Largo Mile Marker: Ocean Reef Size of Parcel: 10.91 Acres; 3.84, acres being changt~d Location Detail & Brief Description: The property is located on Key Largo in Ocean Heef betwet~U Marina Drive and Anchor Drive. The property is located on the Island of Key Largo, in Ocean Reef, and is legally described Government Lot 4, and part of the N E 14 of the SW 14 of the Plat of Lands of Seaboard Properties, Inc., Section 7, Township 59 South, Range en East, North Key Largo, M.onroe County, Florida. The real estate numbers are: 0008174,0-000000; 00081740-000500, 00081760.000000 and 00081710-000000. Existing Use: The paI"(~els are currently occupief} priluarily by staff housing consisting of about 249 beds spread throughout 132 units. There are approximately twenty (20) individual single story frame cottage structures known as "'yachtels" or reef huts. One (1) of the twenty units (20) is a duplex consisting of two (2) units in one (1) structure. In the reef huts there are nine (9) efficiencies, five (5) one (1) bedrooms, six (6) two (2) bedrooms, and one (1) three (3) bedroom unit. There are also three (3) large structures: two (2) one story structures and a four (4) story building containing residential units. The two (2) single story buildings contain three (3) single, motel style units: 12 units (2 beds each) with shared baths and seven (7) two room suites. The four (,t) story structure consists of B9 donnitory style units with two (2) double - - . beds per unit. In addition to the residential uses on the property there is approxilnately 2,961 S(luare feet of commercial space. Office space takes 966 SfIuare feet and 1,995 square feet are dedicated for storage. 1'he property also eontains a swimming pool, parking lots, roads, cafeteria, laundry and basketball court which are used by employees. There is also a driving range used by the Club members in the southern portion of Pared 00081760. Ocean Beef Map I FL UM &LlJAmendment BOCC, August 16,2006 TABLE OF EXISTING USES 1 Story Buildiu!! 33 X 134 89 Units. 2 double beds per unit 1 Story Building 235 X 36 3 single, motel style units; 1.2 units (2 beds each) 4. Story BuildinlZ 56 X 180 with shared haths; and 7 two room suites. A.ttached 1 Story Frame (Residence) Hes. A~l & A-2 1 Story Frame (l{esidence) Res. 1\-3 1 Story Frame (Residence) Hes. A-4, I Story Frame (Hesidence) Hes.A-5 1 Story Frame (l{esidenec) Hes.A-6 1 Story Frame (Residence) Res. A.7 1 Story Frame (Hesidence) Hes. A.8 1 Story Frame (Hesidence) [{es. A-9 I Story Frame(Uesidence) Res. A-lO I Story Frame (Residence) Res. B-2 I 1 Story Frame (Residence) Hes. B.:~ 1 Story Frame (Hesidence) Hes. B.4 (Mostlv off-site) 1 Story Frame (Hesidence) Hes. B.7 (Mostlv off-site) 1 Story Frame (Residence) Hes. C.I 1 Story Frame (Hesidence) I Hes. C-2 1 Story Frame (Uesidence) Hes. C-3 I Story Frame (Residence) Res.S-I8 I Story Frame (ReBidence) H.es. S-19 I. Story Frame (ReBidence) Res. S-20 I Story Frame (HesidenCtl) Hes. S-21 Pool and Pump House Accessory to Besiclences I Story Frame (Office) 23 X ,12 Office/Commercial (966 SF) I Story Frame (Linen) 16 X 28, l. Story Frame :::: Linen/Commercial (1227 SF) 4-1 X ]9 with wood deck between the two structures I Story Frame(Storage Bldg.) 16 X 28 Storage B1dg.lCommercial (~t8 SF) 1 Story Metal Shed 12 X lO Storage Bldg./Commercial (120 SF) 1 Story Metal Shed 10 X 20 Storage B Idg ./Corn mereial (Mostly off-site) (200 SF) Existing Habitat: The property is disturbed with hoth native an(l exotic landscaping. Land Use and Habitat on the 1935 Existing Conditions Aerials: The existing land use maps dassify this property as conunereial and Mixed B.esidentialHigh Density. The 1986 existing conditions map panel #~128 dassify this site as 740, disturbed. The site has many landscaped areas ,vith both native and exotic vegetation. Neighboring Land Uses and Character: The land to the northeast is zoned Parks and Hefuge (PH) and is a golf course. The area has aFLUM of Hcereation (H). '1'0 the North, across Ocean Heefl)rive are offiees for the Ocean Beef Cluh. This area has zoning of SC wit h aFLUM of Me. Ocean H.eef Map 1 FLUM & LV Amendment BOCC, August 16.2006 The property directly south across Marina Drive IS Marina Village Condominiums. The zoning is UR with a FLUM of RH. ZONING AND LAND USE HISTORY Pre - 1986 Zoning: Tht~ subject property was zoned BU -2, Medium Business District prior to 1986. This district was intended to provide areas suitably situated for centers of commercial activity, area retail sales, commercial aetivity, area retail sales, sale of fuels, mechanical services, wholesaling, warehousing, and storage. Considerations during 1986 comprehensive plan proecss: During the 1986 revisions to dwMonroc County Land Development Regulations and land use designations (Ordinanee 33-1986 dated February 28, 1986), the subject property was re- t]esignated asU rhan Residential CU 11). Consideration during the 2010 comprehensive plan Process: During the ensuing Comprehensive Plan process which culminated in the adoption of the Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate inconsistencies between the existing [,and Development Regulations and the newly formulated Comprehensive Plan and to apply Future [,and Use Map (FLUM) designations that were consistent with tJH~ land use distrit:t designations. The propNty was given a FLUM designation of Residential High (HII) which was consistent with original Urban Residential (UB) land use district designation. :Map changes or boundary considerations since 1986: In October 1995, a ten (10) year development agreemenl with Ocean Heef was passed that included seven (7) map amendments. These map amendments changed the Land Use Distriet (Zoning) Map but did not change the Future Land Use Map (FLUM). One of these parcels -HE 000817lto.000500 - property was changed to an SC land use district without changing the corresponding FLUM designation. This change to the FLU M is necessary to reconcile the current zoning adopted in ] 995 with theFLUM. HE 000817/to.OOOOOO has aFLUM of Mixed Use Commercial (Me) but a Land Use Designation of Urban Hesidential (UR). In this ease, the FLUM is correet and a land use designation ehange to SC will allow this parcel to ht~ developed to its fullest potential. Pan~el HE 00081760.000000 has a Land Use Designations of UH and SC with a FLUM of JUt This change to the FL UM is necessary to reconcile the cllrrent zoning adopted in 1995 with theFLUM. Also. a small portion of the parcel needs to he changed from un to SC to allow the pan~el to be developed to its fullest potential. The final pared -Ill:: 00081710.000000 - has a Land Use Designation of Urban Hesidential (UR) and a corresponding FLlJJ\:1 of Hesidential High (ItH). Ocean Reef Map ] FLUM & LU Amendment BOCC,August 16,2006 ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) h.) (i.) Changed projections: None. (ii.) Changed assumptions: Ocean Reef Cluh (One) is a gated community and private cluh that limits access to the community hy non-residents and non-members. The community is a de facto municipality providing its own sewer, garbage, poliee, fire protection and medical services. OllC is isolated. 12 miles from Key Largo and a 30 minute drive from Florida City and Homestead. The original change in zoning was granted in part hased on much of the vacant land along eH-90S being turned into a wildlife refuge. Staff helieved that the environmentally sensitive nature of the lands could he protected by reducing the number of trips on en- 905. One way to reduce the number of trips is t.o provide for more services on site. The onlv wav to )Hovidc more services on site is to create more areas which wiII allow for . . commercial development. ORC provides amenities to its resid{~nts in the form of commercial retail services, offices, restaurants, offices, schools, and recreation opportunitit,s. These parcels arc integral to the success of Oeean Reef as this is where the employees live. Tlw isolation of Ocean Reef as well as the general shortage of hourly workers in the Keys makes providing employee housing essential to the success of Ocean Reef. Ocean Reef needs to be able to reconfigure these parcels as a cohesive development to provide more and better services for their employees so that their ernploye(~s can provide outstanding service for the club members. Ocean Reef would like to be able to approach all these parcels as a cohesive unit without having to worry that something may be allowed in one space but not in another. Ocean Reef cannot afford to losc densitv and also realizes that the allowed density needs to be . - balanced with other needs they have identified. Oo,an Reef and the Planning Department believe that a Land Designation of Sub Urhan Commercial (SC) for these parcels with the corresponding Future Land Use Designation (FLUM) of Mixed Use Commercial OUC) will keep the density re(luired along with provide other services needed by the club and the employees. (iii.) Data errors: None. (iv.) New issues: A situation developed that highlighted the inconsistency between the I_and Use Designation of SC and the FLUM of HIl in pared HE 00081760.000000. An application was submitted t.o build a cornmunication tower, and a site was selected within this parcel in the SC zoning. The type of tower planned is allowed in SC zoning but is not allowed with a FLUM of RH. In Florida, the FLUM designation is controlling. At the time the parcel was chosen in July of 2005, theFLUM was not referenced and staff did not realize until January as the project was slated to go to the DevelopuHmt Review Committee that Ocean Reef Map I FLUM & LUAmendment BOCC, August 16.2006 a fatal inconsistency existed that would result in the projed being unahle to go forward. Staff felt it was time to remove the inconsistency and allow this parcel to be developed to its fullest potentiaL In addition, Ocean Heef would like to be able to redevelop the area cohesively for employee housing and other cornmunity and employee services. (v. ) Recognition of a need for additional detail or comprehensiveness: There are limited areas in ORe that are zoned for commercial uses. This parcel was rezoned SC because the parcel is a disturbed site with established commercial uses on the adjacent parcel. Changing the FLUM to Me will elinlinate the current inconsistency and allow for the development to occur on this parcel as was intended when the zoning was changed. (vi. ) Data updates: None. IMPACT AND POLICY ANALYSIS Comparison of development potential for the Current and Proposed Land Uses: 1. Current Land development regulations (LDR's) The properti(~s have current land us~~ designations of Sub Urban Commercial (SC) and Urban Hesidential (UB) and FLUM designations of Besidential High (JUt) and Mixed Use Commercial (Me). Sec. 9.5.204. Purpose of the Urban Residential District (UR). The purpose of the UB district is to provide areas appropriate for high-density residential uses designed and intended for oeeupaney by persons gainfully employed in the Florida Keys and to (:reate areas to provide for vacation rental use of detached dwellings, duplexes, and multifamily dwellings. This district should be established at or near employment centers. Sec. 9.5~206. Purpose of the Sub Urban Commercial District (SC). The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should he established at locations convenient and accessible to residential areas without use of U.S. L Policy 101.4.4 The principal purpose of the Residential lligh category is to provi{le for high-density single- family, multi~family, and institutional residential development, including mobile homes and manufaetured housing, loeated near employment centers. In addition, Monroe County shall adopt Land Development Regulations whieh allow nonresidential uses that were listed as a permitted use in the Land Development Regulations that were in effect immediately prior to thc institution of the 2010 Comprehensive Plan, and that lawfully existed on such lands on January ,t, 1996 to develop, redevelop, reestahlish and/or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January it, 1996 or limited to what the pre-2010 LDH's allowed, whidwver is more restricted. Oeean Reef Map 1 FLUM & LU Amendment BOCC, August 16,2006 Policy 101.4.5 The principal purpose of the JVlixed Use! Commercial land use category is to provide for the establishment of commereial zoning districts where various types of commercial retail and office may he permitted at intensities w hieh are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential uses may he permitted~ however, heavy industrial uses and similarly incompatible uses shall he p rohib i ted 2. Potential Land Uses with Proposed JUap Amendment Staff and the Ocean R(~cf Club are requesting a land use designation and future land use map amendments so all pareels will have a land use designation of Sub Urban Commercial (8C) and a FLUM of from Mixed Use!Commereial (MC). Sec. 9.5.206. Purpose of the Sub Urban Commercial District (SC). The purpose of the SC district is to establish areas for conunereial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessihle to residential areas without use of u.s. L Policy 101.4.5 The prineipal purpose of the Mixed Use! Commcreialland use eategory is to provide for the establislunent of commercial zoning districts where various types of eommercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and conunercial apartments are also p(~rmitted. The list of permitted as-of-right and conditional uses indudes commercial uses, office, institutional, public uscs, hotels and marinas. More specifically, the SC permits commercial apartments and employee housing of less than six (6) units as-of-right, suhject to meeting all other requirements. More than eighteen (18) units require a major conditional use. Compatibility with adjacent land uses and effects on community character: Densi~y and lntensi~y Changing the 1"1,UM from ill I I M N D RH to Me docs not have any negative effeds for this property. PIP '\ ,- ocate< an( .J.. ax ! 'ct cnsttv ernuttc( . er .<. ere Hesidential High Mixed U se!Connnercial Allocated Max Net (DU ! Allocated Max Net (DUI ! (DU/Acre) /Buildable Acre). (DU/Acre) Buildable Acre) 3-16 du, 10 12 du 1-6 dlt 6-18 dll roomslspaC(~s 20 roorIls! spaces 5. J 5 rooms/spaces 10-25 rooms/spaces Employee 25 units jf all units are S 3.0 15.0 units recently housing I designated aft{mlahle or raised to 18.0 units (DR) I employ,~e ll(}usin~ C Ocean Reef Map IFLli 1\1 & LO AUlCudment BOCC August 16,2006 The maximum non-residential square footage permitted is as follows, the ultimate square footage allowed is dependant on compliance with all Monroe County Code requirements: Commer{'ialMaximum Floor Area Halio Permitted ~ . . ~ R esiden tia] High (RH) Mixed Use Commereial ~ SC zoning MFA.H OSR MFAJ{ OSH N one allowed Hecreational 0.10 0.2 High Intensity 0.15 ),2 Medium ).25 0.2 . ,>"'...."'....^"'~.....o._. Intensity I Light industry 0.30 ),2 Institutional Public 0.30 [).2 Buildings Low Intensity 0.35 0.2 )ffice 0.11,0 ).2 Use Compatibility The property is curreutly being used for employee housing and supporting commercial activities. A portion of this parcel houses a driving range and other commercial establishments. A change in the FLUM will allow this parcel to be developed to its greatest potential under its current SC zoning. Effects on Natural Resources Goal 102 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands whidl 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 C{uJe, State and Federal environmental regulations. These FL,U M and I. UD changes will allow the parcels to be developed to their fullest potential and minimize the need to build or dear environmentally sensitive lands to provide services to the community. Effects on Public Facilities: Objective 101.11 Monroe (~ounly shall implement measures to direct future growth away from environmentally sensitive land and towards estahlished development areas served by existing public facilities. '[he proposed Fl.UM and Land Use District Map amendments will encourage conunef(.~ial 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 eonununity with limited access to non-members. Much of the travel within Ocean Beef is conducted using golf carts and staff Oeean Beef Map 1 FLUM. &. LlJAmendment Boee, August 16,2006 has no evidence that there will be any local traffic, parking or traffic circulation Issues created. Effects on Public Facilities ORe 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. FININGS OF FACT AND CONCLUSIONS OF LAW: 1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. In accordance with Section 9.5-511 (d) (5) (b): (ii.) Changed assumptions: ORC is a gat(~(1, private community committed t.o meeting the corrunercial and eommunication needs of its residents on site. As such, areas identified for commercial development need to have the appropriate FLUM to allow commercial development. This is an area ORC needs to be able develop fully for employee housing and other community needs. Cohesive Land Use Designations andFLUM designations will allow onc to do this. (iv.) New issues There are limite(] areas available and appropriate for employee housing and commercial development. Allowing the available and appropriate pan~els to be developed to their fullest potential is in the best interest of onc and Monroe County. (v.) Recognition of a need for additional detail or comprehensiveness: FLUM designations need to correspond with Land Use designations in order to provide property owners an opportunity to fully develop their land. 'rhese FLUM and Land Use designations needs to be changed in order to be consistent and allow maximum utilization of the property. :t The subject property was zoned BU -2, Medium Business DistI'i(~t prior to 1986. 4. The subject property was assigned zoning of Urban Residential (UR) in 1986. 5. The Future Land Use Map of thel\1onroe County Year 2010 Comprehensive Plan, which took effect on January 4, 1996, followed the land use district boundary and designated a future land use category of Hesidential High (HH) for the un parcel. 6. Pursuan t to a 199.5 development agreement with Ocean Reef, a portion of parcel 00081760.000000 was changed from un to Suburban Conunereial (sq. i. A portion of the re-zoned area was given a FLUM of Mixed Use Commercial (MC) but not the entif(~ parceL 8. The present HII FLUM designation does not correspond with the existing Suh Urban CommelTial (SC) land use distriet designation. 9. 'l'he Hesidentiallligh (RH) FLUM does not allow for the SC parcel to be developed to its highest potential. 10. Section 9.5~511 prohibits any map amendments that would negatively impact community character. No negative impacts were identified. Ocean Beef Map] FLUM & LU Amendment BOCC, August 16,2006 11. Objective 10l.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilitit~s are available to serve the development at tJw adopted level of service standards concurrent with the impacts of sueh development. 12. The 2005 Public Facilities Capacity Assessment Report and the listed programs for stormwater and wastewater indicate that there are no significant concerns. CONCLUSIONS OF LAW: 1. This map arnendmenl meets criteria (ii), (iv), and (v) outlined in Seetion 9.5-511 of the Monroe County Land Development Regulations. 2. 'rhis map amendment will not result in a negative impact or alter the character of the properties or the immediate vicinity. ;t Based on the Findings of Facts presented, the proposed land use designation and future land use designation are appropriate for this properly andwiU allow the owners to make full use of the subject property. RECOMMENDATION: Based on the ahove Findings of Fad and Conclusions of Law, staff recommends APPROVAL to the Board of County Commissioners for the proposed Future Land USt~ Map amendment from Hesidential High (RH) to Mixed Use Commercial (MC) for the identified portion of RE 0008174,0.000500. Based on the above Findings of Fact and Conclusions of Law, staff reeonunends APPROVAL to the Board of County Commissioners for the proposed Land Use Map amendment from Urban Residential (UH) to Sub Urban Commereial (SC) for the identified portion of RE 000817 "to. 000000. Based on the above Findings of Fact and Condusions of Law, staff recommends APPROVAL to the Board of County Commissioners for the proposed Future land Use Map amendment from Residential l1igh (RH) to Mixed Use Comnlereial O'\IC) and Land Use Map amentlment from Urban Residential (UR) to Sub Urban Commercial (SC) for the identified portions of HE 00081760.000000. Based on the above Findings of Fact and Condusions of Law, staff recommends APPROVAl, to the Board of County Conunissioners for the proposed Future land Use Map amendment from Hesidentiallhgh (HII) to Mixed Use Commercial (Me) and Land Usel\1ap amendment from Urban Hesidential (UR) to Sub Urban Commercial (SC) for the identified portions of HE 00031710.000000. Oeeun Heef Map 1 FLFM & LV Amendment BOCC, August 16,2006 .. S' i: ~ ;") s: c .S- ." i e e .ft t::l It> 1 ... g- l! :.. ." .... al :.. ~ o ~ ... n '" ~~ ~ Co' ~ ~'ljJg..g..;3 n b:: ID ID ql ,,:---,,-,~~ .-1' :; S' ;:;" O(1Q(j'q("'t ~ >::: ~...., '"'l ..... 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