Item R02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Ty Symroski
AGENDA ITEM WORDING:
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Usc Map (FLUM)
Amendmcnt from Recreation (R) to Mixed Use/Commercial (MC) for property legally described as
Part NE Y4 ofSW \;:; and Part SW ~ ofNE ~ ofNE and Pmt SE ~ ofNW ~ of Section 7, Township
59S, Range 41 E, Ocean Reef, Monroe County, Florida, having Real Estate Numbers:
00081720.000301 and 00081720.000303.
(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.
This is a housekeeping measure. In 1995, the BOCC approved a Land Use Designation change. At the
time this change was made, the corresponding FLUM change was not made. The Planning Department
is changing the FLUM designation in order to allow the parcels to be developed to their greatest
potential.
PREVIOUS RELEVANT BOCC ACTION: In 1995, a Land Use Designation change was approved
from Sparsely Settled (88) to Suburban Commercial (SC).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X
OMS/Purchasing _
DIVISION DIRECTOR APPROVAL:
~//.
7~ / ///
/Ty Synvoski
Risk Management
7~h~./..
u/ / L (i
i t
DOCUMENTATION:
Included X
Not Required _ _
DISPOSITION:
AGENDA ITEM #
\10Nl101-: COUNTY YEAR 2010
CO:\lPREIIENSIVE PLAN Al\fENllMENT
FUTURE LANDUSl'~MAP AMENDl\lENT FROl\l
HECI1EATION (H) TO MIXED USE COMMERCIAL (Me)
BOARD OF COUN'I'Y C()MMISSIONEI1S
KEY LARGO
AUGUST 16,2006
PBOPOSED FU'I'UHELAND USE JVIAP A.MENIJMENT
RECHEATION (H) TO MIXED USE/COMMEBCIAI, (MC)
A BEQUEST BY TIlE MONHOE COUNTY PLANNING DEPAHTMENT FOHA
FUTUBE LAND USE MAP (FI,UM) AMENIJMEN'r FHOM H.ECI1EATION (H)
TO MIXED USE/COMlVIEHCIAL (MC)FOH PI10PEH1'Y LEGALLY
DESCRIBED AS PAHT NE 14 OF S\V 14 AND PAHT S\V' 14 OF NE 14 OF NI':
AND PAIn' SE .~ OF N\V 14 OF SECTION 7, TO\VNSIIIP 59S, BANGE 4,IE,
OCEAN HEEI'\MONHOE COUN'I'Y, FLOHIDA, HAVING HEAL ESTA'I'E
NFMBEHS: 00081720.000301 AND 00081720.000303.
H ECOMMENDA'rl() NS
Dnc:
PC:
April 11 , 2006
June 28, 2006
Boce 'l'RANSMITTAJ, RESOLUTION
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
THE 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 PROPERTIES FROM
RECREATION (R) TO MIXED USE/ COMMERCIAL (Me).
THE PROPERTIES ARE PHYSICALLY LOCATED IN
OCEAN REEF CLUB NORTHWEST OF ANCHOR DR.,
SOUTHEAST OF THE AIRPORT RUNWAY, AND
SOUTHWEST OF BARRACUDA LANE. THE
PROPERTIES ARE LEGALLY DESCRIBED AS PART OF
THE NE ~ OF THE SW ~ AND PART OF THE SW ~ OF
THE NE ~ OF THE PLAT OF LANDS OF SEABOARD
PROPERTIES INC., SECTION 7, TOWNSHIP 59S, RANGE
41E, OCEAN REEF, KEY LARGO, MONROE COUNTY,
FL. THE REAL EST A TE NUMBERS ARE
0008 I 720.00030 1, AND 00081720.000303.
WHEREAS the Monroe County Board of County Commissioners makes the
following findings of fact:
] . 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-l 1.006 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 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)
Deputy Clerk
f
ATTEST: DANNY L KOLHAGE, CLERK
BOCC OHDINANCE 1'() AJvlEND
TIlE FUTURE LAN D USE DISTIUCT MAP (FLUM)
ORDINANCE NO.:
A 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 RECREATION (R) TO MIXED USE
COMMERCIAL (Me) FOR PROPERTY IS LEGALLY DESCRIBED
AS PART OF THE NE ~ OF THE SW ~ AND PART OF THE SW ~
OF THE NE ~ OF THE PLAT OF LANDS OF SEABOARD
PROPERTIES, INC., SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41
EAST, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS: 00081720.000301 AND
00081720.000303.
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 Recreation (R) to Mixed Use Commercial (MC) for property is legally described as
Part of the NE Y4 of the SW ~ and Part of the SW ~ of the NE ~ of the Plat of Lands
of Seaboard Properties, Inc., Section 7, Township 59 South, Range 41 East, Ocean Reef,
Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000301 and
00081720.000303 ; 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
\VHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on April 11, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, planner on July 27, 2006; and
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
Ocean ReefFLUM Ordinance
Page 1 of3
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
Staif identified these parcels as having a land use designation change under the
Ocean Reef development agreement without a corresponding FLUM designation
change. These parcels are overdeveloped with their current FLUM designations
and staff seeks to bring thcse parcels into compliance and allow the parcels to be
developed fully.
(v.)Recognition of a need for additional detail or comprehensiveness:
There are limited areas in ORC that are zoned for commercial uses. Changing the
FLUM of this parcel will allow this area of Ocean Reef to be developed fully for
the communities needs.
3. The subject property was zoned GU and RU-3 prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) 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 Recreation (R) for the SS parcels.
6. The subject property was granted a new land use designation of Sub Urban
Commercial in 1996 pursuant to a development agreement with Ocean Reef
7. The corresponding FLUM designation was never updated to reflect this change.
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 pernlit 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 concems.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map anlendment 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 Future Land Use Map
designation is appropriate for this property and will allow the owners to make full use
of the subject property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Ocean Reef FLUM Ordinance
Page20f3
Section 1. The Board specifically adopts the findings of fact and conclusions of
law stated above.
Section 2. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as shown in on the attached map, hereby
incorporated by reference and attached as Exhibit 1.
Section 3. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 4. 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 -11.011 of the Florida Administrative Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2007.
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)
ATfEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean ReefFLUM Ordinance
Page 3 of3
EXl-IIBIT I: FUTUHELAND US I': MAPS
Proposed Future Land Use Map Amendment: Aeri al Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Proposal: Change Future Land Use Map Desi gn ati on from
Recreation (R) to Mixed-Use Commercial (Me)
350
Property Description: RE 00081720.000301,00081720.000303
Feet
Map Amendment:
Land Use District Map #: 55
R
~
/R
RM
R to Me
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
Key: Key Largo indicated above and briefly described as:
~
Mile Marker: Ocean Reef Club
I'i.I
Proposal: Change Future Land Use Map Desi gn ati on from
Recreation (R) to Mixed-Use Commercial (Me)
475
Property Description: RE 00081720.000301,00081720.000303
Feet
Map Amendment:
Land Use District Map #: 55
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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
Recreation (R) to Mixed-Use Commercial (Me)
875
Property Description: RE 00081720.000301,00081720.000303
Feet
Map Amendment:
Land Use District Map #: 55
PLANNING COMMISSION HESOLUTION
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 RECREATION (R) TO MIXED USE
COMMERCIAL (MC) FOR PROPERTY IS LEGALLY DESCRIBED
AS PART OF THE NE ~ OF THE SW 1/.1 AND PART OF THE SW ~
OF THE NE ~ OF THE PLAT OF LANDS OF SEABOARD
PROPERTIES, INC., SECTION 7, TOWNSHIP 59 SOUTH. RANGE 41
EAST, OCEAN REEF, KEY LARGO. MONROE COUNTY, FLORIDA,
I-lAVING REAL ESTATE NUMBERS: 00081720.000301 AND
00081720.000303.
WH.EREAS, 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
Recreation (R) to Mixed Use Commercial (MC) for property is legally described as Part
of the NE ~ of the SW ~ and Part of the SW Y4 of the NE 1/4 of the Plat of Lands of
Seaboard Properties. Inc., Section 7, Township 59 South. Range 41 East, Ocean Reef:
Key Largo. Monroe County, Florida, having real estate numbers: 00081720.000301 and
00081720.000303 ; 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 Recreation (R) to Mixed Use Commercial (MC) for property is legally
described as Part of the NE ~ of the SW ~ and Part of the SW ~ of the NE ~ of the
Plat of Lands of Seaboard Properties, Inc., Section 7, TO\vnship 59 South, Range 41 East,
Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers:
00081720.000301 and 00081720.000303 and recommended approval to the Planning
Commission; and
WH.EREAS, the Planning Commission examined the staff report prepared by Julianne
Thomas, plmmer on June 21, 2006; and
WHEREAS, the Planning Commission made the following Findings of Fact:
Ocean Reef Map 3 FUJM Amendment
Page lof3
I. 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 9.5~51l (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.
(iii.)Data Errors
There was an error made when the parcel was designated as SS instead of I in
1986.
(iv.)New issues
The current FLUM designation does not recognize or permit the existing uses. In
order to allow these critical functions to continue, the FLUM needs to be updated
to recognize the intended and existing use.
(v.) Recognition of a need for additional detail or comprehensiveness:
Staff recognized that parcels had changed their land use designations without the
corresponding FLUM also being changed. Staffbelieves it is in the best interest
for Monroe County as well as landowners to have a FLUM designation consistent
with intended and existing use.
3. The subject property was zoned GU prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject property was subsequently assigned a land use designation ofIndustrial
(1).
6. 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 Recreation (R) for the SS parcel.
7. The FLUM was not changed when the land use designation was changed.
8. The appropriate FLUM for the subject property is Public Facilities (PF).
9. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
]0. 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 Planning Commission made the following Conclusions of
Law:
Ocean Reef Map 3 FUJM Amendment
Page 2 of3
I. This map amendment meets criteria (ii), (tii), (iv), and (v) outlined in Section 9.5-511
of the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed Future Land Use Map
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 Commissioners of the request filed by Monroe
County Planning to amend the Future Land Use Map (FLUM) from Recreation (R) to
Mixed Use Commercial (MC) for property is legally described as Part of the NE Y.t of the
SW Y.t and Part of the SW ~ of the NE ~ of the Plat of Lands of Seaboard Properties,
Inc., Section 7, Township 5 9 South, Range 4 1 East, 0 cean Reef, Key Largo, Monroe
County, Florida, having real estate numbers: 00081720.000301 and 00081720.000303.
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
By
James D. Cameron, Chair
Signed this
day of
,2006
Ocean Reef Map 3 FLUM Amendment
Page 3 of3
DEVELOPMENT HEVIEW COMMITTEE HESOLU'I'ION
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
OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
FROM RECREATION (R) TO MIXED USE COMMERCIAL (MC) FOR
PROPERTY IS LEGALLY DESCRIBED AS PART OF THE NE ~ OF
THE SW ~ AND PART OF THE SW ~ OF THE NE y~ OF THE PLAT
OF LANDS OF SEABOARD PROPERTIES, INC., SECTION 7,
TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN REEF, KEY
LARGO, MONROE COUNTY, FLORIDA, HAVING REAL EST A TE
NUMBERS: 00081720.000301 AND 00081720.000303.
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 Recreation (R) to Mixed Use Commercial (MC) for property is legally described as
Part of the NE ~ of the SW ~ and Part of the SW ~ of the NE ~ of the Plat of Lands
of Seaboard Properties, Inc., Section 7, Township 59 South, Range 41 East, Ocean Reef,
Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000301 and
00081720.000303 ; and
\VHEREAS, the Development Review Committee examined the staff report
prepared by Julianne Thomas, planner on March 31, 2006; and
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. rn accordance with Section 9.5-511 (d) (5) (b):
(it) Changed assumptions:
ORe is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified for
commercial development need to have the appropriate FLUM to allow
commercial development.
Ocean Reef Map 3 FLUM Amendment
Page I of3
(iv.)New issues
Staff identified these parcels as having a land use designation change under the
Ocean Reef development agreement without a corresponding FLUM designation
change. These parcels are overdeveloped with their current FLUM designations
and staff seeks to bring these parcels into compliance and allow the parcels to be
developed fully.
(v.)Recognition of a need for additional detail or comprehensiveness:
There are limited areas in ORC that are zoned for commercial uses. Changing the
FLUM of this parcel will allow this area of Ocean Reef to be developed fully for
the communities needs.
3. The subject property was zoned GU and RU-3 prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) 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 Recreation (R) for the SS parcels.
6. The subject property was granted a new land use designation of Sub Urban
Commercial in 1996 pursuant to a development agreement with Ocean Reef.
7. The corresponding FLUM designation was never updated to reflect this change.
8. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
9. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (tv), and (v) outlined in Section 9.5-511 of
the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed Future Land Use Map
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 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 Recreation
(R) to Mixed Use Commercial (MC) for property is legally described as Part of the NE ~
of the S W ~ and Part of the S W ~ 0 f the NE ~ 0 f the Plat of Lands 0 fSeaboard
Properties, Inc., Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Ocean Reef Map 3 FLUM Amendment
Page 2 of3
Monroe County, Florida, having real estate numbers: 00081720.000301 and
00081720.000303.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 11th day of April, 2006.
Heather Beckmann, Sf. Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Clarence Feagin, Sf. Planner YES
Julianne Thomas, Planner YES
Department ofHeaIth (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 3 FLUM Amendment
Page 3 of3
STAFF HEPOHT
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Future Land Use Map Amendments
MEETING DATE: August 16,2006
RE NUMBER: 00081720.000301
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef Club Inc.
AGENT: None.
PROPERTY INFORMATION
Key:
Size of Parcel:
Key Largo
52,448.6 S.F. or 1.2 acres
Mile Marker: Ocean Reef
RE NUMBER: 00081720.000303
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef Culture Center
AGENT: None.
PROPERTY INFORMATION
Key:
Size of Parcel:
Key Largo Mile Marker: Ocean Reef
151,433.07 S.F. or 3.47 acres
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef. The property is northwest of Anchor Dr.,
southeast of the airport runway and southwest of Barracuda Lane. The property is legally
described as part of the NE ~ of the SW ~ and Part of the SW Y.4 of the NE Y4 of the Plat of
Lands of Seaboard Properties, Inc., Section 7, Township 59 South, Range 41 East, Ocean Reef,
Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000301 and
00081720.000303 ,
Ocean Reef Map 3 FLUM Amendment
BOCC, August 16. 2006
Existing Use:
Parcel 00081720.000303 houses part of the Ocean Reef Art Center Building which houses
offices, a gallery, and a library. Parcel 00081720.000301 is where a new 20,700 sq. ft. medical
center is being built. It is a large concrete structure which takes up much of the parcel.
Existing Habitat:
The property is disturbed with both native and exotic landscaping.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions map panel #335 aerials classify this property as disturbed.
Neighboring Land Uses and Character:
The surrounding properties are a variety of uses. Northwest is the airport runway. Some of the
surrounding lots are vacant lots. To the South and East of the subject parcel lots across Anchor
Dr. are single family homes with a zoning of Improved Subdivision (IS) and a Future Land Use
Map (FLUM) designation of Residential Medium (RM). There is also a building that houses
offices for the Ocean Reef Art Center Building and a public safety building which houses the fire
station and additional public safety offices.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned GU and RU-3 prior to 1986. The GU 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. RU-3 provided for multiple family dwellings or
apartments.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Sparsely Settled (SS) with a FLUM of Residential Low (RL).
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly formulated
Comprehensive P Ian and to apply FLUM designations that were consistent with t he I and use
district designations. The property was given a FLUM designation of Recreation (R) which is
inconsistent with original SS land use district designation.
Map changes or boundary considerations since 1986:
These parcels were changed from SS to SC under a development agreement with Ocean Reefbut
the FLUM was not changed at the same time.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
None
Ocean Reef Map 3 FLUM Amendment
Boee, August] 6, 2006
(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.
(Ui.) Data errors:
None
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Reef that had
zone changes. Staff would like to remove these inconsistencies and allow full development
ofthese parcels.
(v.)Recognition of a need for additional detail or comprehensiveness:
There are limited areas in ORC that are zoned for commercial uses. Changing the land use
designation and FLUM of this parcel will allow this area of Ocean Reef to be developed to
its fullest potential. In addition, the adjoining parcels to the South are occupied by a fire
station, library and an office. West of the property is an airport runway. The purpose of SS
zoning is to establish areas of low-density residential development where the predominant
character is native or open space. Although the subject parcels are characterized by open
space, the combination of non-residential uses and the airport runway make these parcels
inappropriate for residential uses. The zoning has already be changed to reflect a better way
to utilize these parcels and staff is now seeking a FLUM change to match the zoning.
(vi.) Data updates:
None
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development reflulations (LDR's)
The property has a current FLUM designation of R which is inconsistent with the SC land use
district map designation,
Policy 101.4.9
The principal purpose of the Recreation (R) land use category is to provide for public and private
activity-based and resource-based recreational facilities.
2. Potential Land Uses with Proposed ilfap Amendment
Ocean Reef Map 3 FLUM Amendment
BOCC, August 16, 2006
Staff is requesting a PLUM amendment from Recreation (R) to Mixed Use/Commercial (MC).
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office
may be permitted at intensities which are consistent with the community character and the
natural environment. Employee housing and commercial apartments are also permitted.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, public uses, hotels and marinas. More specifically, the SC permits commercial
apartments and employee housing of less than six (6) units as-of-right, subject to meeting all
other requirements. More than eighteen (18) units require a major conditional use.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the FLUM will have no practical effect on density and intensity. The parcels are
already fully developed under their SC zoning. This will simply allow the existing and proposed
uses to continue.
Allocated and Max Net Density Permitted Per Acre
Residential units other than camping and hotels smaller than 12 units are not permitted on land
with a FLUM of R. Staff is perplexed as to how the current medical center building was
approved to be built on this parcel. Although public buildings are allowed on lands with a
PLUM of R, the open space ratio for those buildings is very high ~ 90 %, which means for the
52,448.6 s.f parcel, only 5,245 s.f. are available for development. Of that, a FLUM of R allows
for 20% Ploor Area Ratio meaning the largest building allowed by this FLUM on this parcel
would be 1,049 s.f
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:
Commercial Maximum Floor Area Ratio Permitted
Recreation (R) Mixed Use Commercial - SC zoning
MPAR OSR MPAR OSR
Public Buildings 0.2 0.9 Recreational 0.10 0.2
High Intensity 0.15 0.2
Medium Intensity 0.25 0.2
Light industry, Institutional 0.30 0.2
Public Buildings 0.30 0.2
Low Intensity 0.35 0.2
Office 0.40 0.2
MFAR-Maximum Floor Area Ratio and OSR-Open Space Ratio
Use Compatibility
The property is currently being used by the Ocean Reef Art Club and a medical center is being
built. Changing the FLUM to MC will actually bring the sites into compliance as they arc both
currently over density under the existing FLUM ofR.
Ocean Reef Map 3 FLUM Amendment
BOCC, August 16, 2006
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands. Future development would be
required to comply with all Monroe County Code, State and Federal environmental regulations.
The Land use designation change and FLUM change will allow the parcel to be developed to its
fullest potential and minimize the need to build or clear environmentally sensitive lands to
provide services to the community.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities.
The proposed FLUM and Land Use District Map amendments will 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.
FINDNGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b 0 f the Monroe County Code (MCC) allows the Board 0 f 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 Future Land Use Map (FLUM) designation to
allow commercial development.
(iv.) New issues
Staff identified these parcels as having a land use designation change under the Ocean
Reef development agreement without a corresponding FLUM designation change. These
parcels are overdeveloped with their current FLUM designations and staff seeks to bring
these parcels into compliance and allow the parcels to be developed fully.
(v.)Recognition of a need for additional detail or comprehensiveness:
There are limited areas in ORC that arc zoned for commercial uses. Changing the FLUM
of this parcel will allow this area of Ocean Reef to be developed fully for the
communities needs.
Ocean Reef Map 3 FLUM Amendment
BOCC, August 16, 2006
3. The subject property was zoned au and RU-3 prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The Future L and 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 Recreation (R) for the SS parcels.
6. The subject property was granted a new land use designation of Sub Urban Commercial (SC)
in 1996 pursuant to a development agreement with Ocean Reef.
7. The corresponding FLUM designation was never updated to reflect this change.
8. The appropriate FLUM designation for this parcel given use and land use designation is
Mixed Use Commercial (MC).
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.
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 Future Land Use Map designation is
appropriate for this property and will allow the owners to make fun use of the subject
property.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Future Land Use Map amendment from
Recreation (R) to Mixed Use/Commercial (Me) for RE# 00081720.000301 and RE#
00081720.000303.
Ocean Reef Map 3 FLUM Amendment
BOCC, August 16, 2006
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