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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 () o c z ...., JJ -< o r C OJ Xl o ~ ""-...I 0\( & ~ ~ Qj 'Of<:- Q- Q<t- ~O ~ ~CJ 0~ ~ ~?- R 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 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 b1 ~ .~ ~ ro ...a o ~ o ~ '4> i. M ~. ~ ~ '" Q i '; ! ~ ., ..... . -..:: ~ :: -E 1 41 Q .1f' g :I ! ~ ~ .. ii <:; ;;., 0.. (1j E >:: .9 ~ (1j >:: .!:P '" ID 'OJ ID '" :;:j I J I ~ ! .<; '" .~ g~ o..--'u (1j ~ ~ E 9 fl (1j ID ~ E ~ '" ID 0 w :3 t U 'OJ <l) ID 'Ojp:;--....a >:: <l) U ~ C '" ~ S p,...:: eJ:: ~ It otJ -g +> 2 .!3 .::; 6 otJ ~ <+< ID >:: ,.-... ...a m U t-l...a 0 5j U -4J ~