Item R04
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 Use Map Amendment
from Residential High (RH), Recreation (R) and Airport District (AD) to Mixed Use/Commercial
(MC) for property legally described as Part NE ~ ofSW ~ of Section 7, Township 59S, Range 41E,
Ocean Reef, Monroe County, Florida, having Real Estate Number: 00081720.000300.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment
from Recreation (R) to Mixed Use/Commercial (MC) for property legally described as Part NE ~ of
SW Y.l of Section 7, Township 59S, Range 41E, Ocean Reef, Monroe County, Florida, having Real
Estate Numbers: 00081720.000302 and 00081740.000300.
(first of two public hearings)
ITEM BACKGROUND;
This is a Planning Department-sponsored amendment. The Development Review Committee held a
public hearing on this matter on April 11, 2006 and recommended approval of the amendment. The
Planning Commission held a public hearing on this matter on June 28, 2006 and recommended
approval of the amendment.
PREVIOUS RELEVANT BOCC ACTION; In 1995, a Land Use Designation change was approved
from Sparsely Settled (SS) to Suburban Commercial (SC).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST;
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management __
DIVISION DIRECTOR APPROVAL:
77;/// . /;;~;:; ...;("
/" /Ty SymroskL
DOCUMENTATION:
Included X
Not Required _ _
DISPOSITION'
AGENDA ITEM #
MONHOE COUN'I'Y YEAH 2010
COMPHEIIENSIVE PLAN AMENDMENT
FUTUHELAND USEMAP AMENDMEN1' FHOJvl
HESIDENTIAL I11Gl1 (HIl), RECHEA'I'ION (H) & AIHPOHT DISTHICT (AD)
TO MIXED USE COMl\lEHCIAL (Me)
AND FROJ\l
HECHEA'rl0N (H)
'1'0 MIXED USE COMMERCIAL (Me)
BOAHD OF COLJN'l'V COI\lMISSIONEHS
KEY LAUGO
AUGUS1' 16.2006
PROPOSEI) FVTURELAND USE MAP AMENDMENT
RESIllENTIAL I11GH (lUI), HECBEATlON (n) & AIlrpOJrr DIs'rIUCT (AD)
TO MIXED USE/COMMERCIAL (MC)
A REQUEST BY THE MONHOE COUNTY PLANNING DEPARTMENT FOR A
FUTURE LAND USE IVlAP (FLUM) AMENDJ\fENT FI10M B.ESIDENTIAL
lIIGIl (HII), RECREATION (R) j\ND AIRPOHT DISTRICT (AD) TOMIXEI)
USE/COMMERCIAL (MC) FOR PHOPEHTY LEGALLY DESCRIBED AS PART
NE y,; OF SW y,; OF SECTION 7, TOWNSIIIP S9S, HANGE 4,lE, OCEANHEEF,
M.ONHOE COUNTY, FI20HII)A, IIAVING HI'~r\.L ESTATE NUMBER:
00081720.000300 AND A FUTURE LAND USE MAP AMENDIHENT FROM
RECRK\TION (H) TO L\fJXED USE/COMMERCIAl, (iVIC) FOR PHOPERTY
LEGALLY DESCRIBED AS PART NE ~ OF SW y,; OF SECTION 7, TOWNSIHP
59S, RANGE 4.lE, OCEAN REEF, MONHOE COUNTY,FLOHIDA, flAVING
REAL ESTATE NUMBERS: 00081720.000302 AND 00081740.000300.
HECOMMENDA'l'10NS
DRC:
PC:
April II , 2006
June 28, 2006
Boce THANSMll'TAL HESOLL'TION
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 ENVIRONMENT AL RESOURCES DEP ARTMENT
TO AMEND THE FUTURE LAND USE MAP (FLUM) OF
THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN FROM RECREATION (R) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED
AS PART OF THE NE ~ OF THE SW ~ OF SECTION 7,
TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN REEF,
KEY LARGO, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00081720.000302 AND
00081740.000300 AND FROM RECREATION (R),
RESIDENTIAL HIGH (RH), AND AIRPORT DISTRICT
(AD) TO MIXED USE/COMMERCIAL (MC) FOR
PROPERTY DESCRIBED AS PART OF THE NE ~ OF THE
SW ~ OF SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41
EAST, OCEAN REEF, KEY LARGO, MONROE COUNTY,
FLORIDA, HA VING REAL EST A TE NUMBERS
00081720.000300.
\VHEREAS the Monroe County 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 of 9J-Il.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 COLTNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(Seal)
ATTEST: DANNY L KOLHAGE, CLERK
Deputy Clerk
BOCC OHDINANCE TO AMEND
'fILE FUTURE LAND USE DISTRICT 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 (MC) FOR PROPERTY DESCRIBED AS PART
OF THE NE ~ OF THE SW :14 OF SECTION 7, TO\v'NSHIP 59
SOUTH, RANGE 4] EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS:
00081720.000302 AND 00081740.000300 AND FROM RECREATION
(R), RESIDENTIAL HIGH (RH), AND AIRPORT DISTRICT (AD) TO
MIXED USE/COMMERCIAL (Me) FOR PROPERTY DESCRIBED AS
PART OF THE NE ~ OF THE SW ~ OF SECTION 7, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HA VING REAL ESTATE NUMBERS:
00081720.000300.
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) is for property described as part of
the NE ~ of the SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef,
Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000302 and
00081740.000300 and from Recreation (R), Residential High (RH), and Airport District
(AD) to Mixed Use/Commercial (MC) for property described as part of the NE ~ of the
SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 00081720.000300; 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 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 011 July 27,2006; and
Ocean Reef FLUM Ordinance
Page 1 of 4
\VHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial 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 identified this parcel as have inconsistent zoning and FLUM designations.
Research showed that a land use designation change occurred in 1996 under a
development agreement with Ocean Reef but the corresponding FLUM
designations were never updated. Staff is attempting to remove these
ineonsistenci es.
(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 for both commercial and residential uses in a cohesive way.
3. The subject properties were zoned RU-3, RU-l and GU prior to 1986.
4. The subject properties were assigned zoning of Sparsel y Settled (SS) in 1986.
5. The subject properties were changed to a Sub Urban Commercial (SC) Land Use
Designation in 1996 pursuant to an agreement between Ocean Reef and MOlloe
County.
6. The Future Land Use Map of the MOlloe 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), Recreation (R), and
Airport District (AD) for the SS parcel.
7. The FLUM designations were not changed in 1996 when the Land Use Designation
was changed.
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
stonnwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of
the MOlloe County Land Development Regulations.
Ocean Reef FLUM Ordinance
Page 2 of 4
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:
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 of9J-l LOll of the Florida Administrative Code.
Ocean ReefFLUM Ordinance
Page 3 of4
Ocean Reef I<'LUM Ordinance
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 Tern, Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF MONROE COlJNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
DEPUTY CLERK
D. Sanders
e . s5istan~ j10upty Attorney
DATE: KP ,LOb =
ATTEST: DANNY L. KOLHAGE, CLERK
Ocean ReefFLUM Ordinance
Page 4 of4
EXIIIBI'I' 1: FUTURE LAND USE MAPS
R8
R
J--A
/R
/
M
R, R H & AD 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
Re creatio n (R), Resid entia I High an d Ai rpo rt Di strict (AD)
to Mixed Use Commercial (Me)
Property Description: RE 00081720.000300,00081720.000302,00081740.000300
400
Feet
Map Amendment:
Land Use District Map #: 55 & 56
R, R H & AD to Me
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
Re creatio n (R), Resid entia I High an d Ai rpo rt Di strict (AD)
to Mixed Use Commercial (Me)
Property Description: RE 00081720.000300,00081720.000302,00081740.000300
400
Feet
Map Amendment:
Land Use District Map #: 55 & 56
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R. RH &ADto Mel
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
Re creatio n (R), Resid entia I High an d Ai rpo rt Di strict (AD)
to Mixed Use Commercial (Me)
Property Description: RE 00081720.000300,00081720.000302,00081740.000300
875
Feet
Map Amendment:
Land Use District Map #: 55 & 56
PLANNING C01\fMlSSI0N BESOLDTION
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) IS FOR PROPERTY DESCRIBED AS
PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 7, TO\VNSHIP 59
SOUTH, RA..NGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS:
00081720.000302 AND 00081740.000300 AND FROM RECREATION
(R), RESIDENTIAL HIGH (RH), AND AIRPORT DISTRICT (AD) TO
MIXED USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS
PART OF THE NE Y.i OF THE SW Y.i OF SECTION 7, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO.. MONROE
COUNTY, FLORIDA, HA VING REAL ESTATE NUMBERS:
00081720.000300.
\VHEREAS, 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 (PLUM) from Recreation
(R) to Mixed Use/Commercial (MC) is for property described as part of the NE ~ of the
SW !/4 of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 0008 1720.000302 and
00081740.000300 and from Recreation (R), Residential High (RH), and Airport District
(AD) to Mixed Use/Commercial (MC) for property described as part of the NE ~ of the
SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 0008 I 720.000300; and
WHEREAS.. the Monroe County Development Review Committee,
during a regular meeting held on April ] 1, 2006 conducted a review and consideration of
the request filed by Monroe County Planning to amend the Future Land Use Map
(FLUM) tram Recreation (R) to Mixed Use/Commercial (Me) is for property described
as part of the NE 14 of the SW \/4 of Section 7, Township 59 South, Range 41 East.
Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers:
00081720.000302 and 00081740.000300 and from Recreation (R), Residential High
(RH), and Airport District (AD) to Mixed Use/Commercial (MC) for property described
as part ofthe NE ~ of the SW ~ of Section 7, Township 59 South, Range 41 East,
Ocean Reef Map 5 FLUM Amendment
Page lof3
Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers:
00081720.000300 and recommended approval to the Planning Commission; and
WHEREAS, the Planning Commission examined the staff report prepared by
Julianne Thomas, planner on June 21, 2006; and
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial 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 identified this parcel as have inconsistent zoning and FLUM designations.
Research showed that a land use designation change occurred in 1996 under a
development agreement with Ocean Reefbut the corresponding FLUM
designations were never updated. Staff is attempting to remove these
inconsistencies.
(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 for both commercial and residential uses in a cohesive way.
3. The subject properties were zoned RU-3, RU-l and GU prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were changed to a Sub Urban Commercial (SC) Land Use
Designation in 1996 pursuant to an agreement between Ocean Reef and Monroe
County.
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 Residential High (RH), Recreation (R), and
Airport District (AD) for the SS parcel.
7. The FLUM designations were not changed in 1996 when the Land Use Designation
was changed.
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.
Ocean Reef Map 5 FLUM Amendment
Page 2 of3
10. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Planning Commission made the following Conclusions of
Law:
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 full use
of the subject property.
NOW THEREFORE, BE IT RESOL VED 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) is for property described as part of the NE ~ of the SW ~
of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe
County, Florida, having real estate numbers: 00081720.000302 and 00081740.000300
and from Recreation (R), Residential High (RH), and Airport District (AD) to Mixed
Use/Commercial (MC) for property described as part of the NE ~ of the SW ~ of
Section 7, Township 59 South, Range 4] East, Ocean Reef, Key Largo, Monroe County,
Florida, having real estate numbers: 00081720.000300.
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 5 FLUM Amendment
Page 3 of3
DEVELOPMENT HEVIEW COM MI'I'TEE HES01,CTION
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 201 0 COMPREHENSIVE PLAN
FROM RECREATION (R) TOM IXED USE/COMMERCIAL (MC) IS
FOR PROPERTY DESCRIBED AS PART OF THE NE ~ OF THE SW
~ OF SECTION 7, TO\VNSHIP 59 SOUTH, RANGE 41 EAST,
OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL EST ATE NUMBERS: 00081720.000302 AND
00081740.000300 AND FROM RECREATION (R), RESIDENTIAL
HIGH (RH), AND AIRPORT DISTRICT (AD) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED ASP ART
OF THE NE y~ OF THE SW ~ OF SECTION 7, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS:
00081720.000300.
\VHEREAS, 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) is for property described as part of the
NE ~ of the SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key
Largo, Monroe County, Florida, having real estate numbers: 00081720.000302 and
00081740.000300 and from Recreation (R), Residential High (RH), and Airport District
(AD) to Mixed Use/Commercial (MC) for property described as part of the NE ~ of the
SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reet~ Key Largo,
Monroe County, Florida, having real estate numbers: 00081720.000300; and
WHEREAS, 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. In accordance with Section 9.5-511 (d) (5) (b):
Ocean Reef Map 5 FLUM Amendment
Page 10f3
(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 identified this parcel as have inconsistent zoning and FLUM designations.
Research showed that a land use designation change occurred in 1996 under a
development agreement with Ocean Reef but the corresponding FLUM
designations were never updated. Staff is attempting to remove these
inconsistenci es.
(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 for both commercial and residential uses in a cohesive way.
3. The subject properties were zoned RU-3, RU-l and GU prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were changed to a Sub Urban Commercial (SC) Land Use
Designation in 1996 pursuant to an agreement between Ocean Reef and Monroe
County.
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 Residential High (RR), Recreation (R). and
Airport District (AD) for the SS parcel.
7. The FLUM designations were not changed in 1996 when the Land Use Designation
was changed.
8. Section 9.S-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 pennit 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), (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.
Ocean Reef Map 5 FLUM Amendment
Page 2 of3
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 RESOL VED 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) is for property described as part of the NE Y4 of the
SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 00081720.000302 and
00081740.000300 and from Recreation (R), Residential High (RH), and Airport District
(AD) to Mixed Use/Commercial (MC) for property described as part of the NE Ji4 of the
SW ~ of Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate numbers: 00081720.000300.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 11 th day of April, 2006.
Heather Beckmann, Sr. Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Clarence Feagin, Sf. 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 5 FLUM Amendment
Page 3 of3
srrAFF REPOR'l'
l\tlemorandum
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: 00081720.000300
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R), Residential
High (RH) and Airport District (AD)
PROPOSED FUTURE LAND USE MAP DESIGNATION: !vlixed Use Commercial (Me)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef Acquisition Corp.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 233,995.5 S.F. or 5.37 acres
RE NUMBER: 00081720.000302
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 Art League Inc.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 22,] 04 S.F. or 0.51 acres
RE NUMBER: 00081740.000300
EXISTING FUTURE LAND USE MAP DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use Commercial (Me)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef V olunteer Fire Dept.
AGENT: None.
PROPERTY IN FORMA TION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 47,591.12 S.F. or 1.09 acres
Ocean Reef Map 5 FLUM Amendment
BOCC, August 16, 2006
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef This property is the site of the Ocean Reef Art
League Building, the Ocean Reef Public Safety office/fire station and some vacant land at the South end
of the airport runway. The property changing from Recreation (R) to Mixed Use/Commercial (MC) is
legally described as part of the NE 1/4 of the SW V4 of Section 7, Township 59 South, Range 41 East,
Ocean Reef, Key Largo, Monroe County, Florida, having real estate numbers: 00081720.000302 and
00081740.000300. The property changing from Recreation (R), Residential High (RH), and Airport
District (AD) to Mixed Use/Commercial (Me) is legally described as part of the NE ~ of the SW V4 of
Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having
real estate number: 00081720.0003 00.
Existing Use:
The property is currently occupied by a variety of uses including the Art Club and a Public
Safety building. There is also some vacant land at the South end of the airport runway.
Existing Habitat:
The property is disturbed with a planted buffer and landscaping of both native and exotic species.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property disturbed in panel #335.
Neighboring Land Uses and Character:
The surrounding properties are a variety of uses. Most of the parcels contain golf course or open
space. The airport runway is to the northwest. A 20,700 sq. ft. medical center is being
constructed to the northeast. There are single family homes to the South and East.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject properties were zoned RU-3, RU-1 and au prior to 1986. The RU-3 designation
was for multiple family residential in which multiple family dwelling or apartments may be
constructed and occupied. RU-1 or single family residential district was intended to provide
residential areas consisting of lots having an area of at least eight thousand square feet. au was
for a general use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Sparsely Settled (SS) with FLUM designations of Residential High (RH),
Recreation (R), and Airport District (AD).
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 Plan and to apply Future Land Use Map (FLUM) designations that were
consistent with the land use district designations. The original designations were not consistent
with the original zoning of Sparsely Settled (SS) nor are the designations consistent with the
current zoning of Sub Urban Commercial (SC).
Ocean Reef Map 5 FLUM Amendment
BOCC, August 16, 2006
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. Staff is seeking this change to make the zoning
consistent with the FLUM designation.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(L) Changed projections:
None
(ii.) Changed assumptions:
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto municipality
providing its own sewer, garbage, police, fire protection and medical services. ORC is
isolated, 12 miles from Key Largo and 30 minutes from Florida City and Homestead.
The original change in zoning was granted in part based on much of the vacant land along
CR-905 being tumed into a wildlife refuge. Staff believed that the environmentally sensitive
nature of the lands could be protected by reducing the number of trips on CR-905. One way
to reduce the number of trips is to provide for more services on site. The only way to provide
more services on site is to create more areas which will allow for commercial development.
ORC provides amenities to its residents in the form of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
(iii.) Data errors:
None
(iv.) New issues:
Staffbecamc 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
of these parcels.
(v.)Recognition of a need for additional detail or comprehensiveness:
The current zoning of SC properly reflects the uses which occupy the parceL In order for
these critical uses to continue, the FLUM needs to be changed to be consistent with this
zonmg.
(vL) Data updates:
None
Ocean Reef Map 5 FLUM Amendment
Race, August 16, 2006
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 Recreation (R), Residential High (RH) and
Airport District (AD) which is inconsistent with the SC land use district map designation.
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-density single~
family, multi-family, and institutional residential development, including mobile homes and
manufactured housing, located near employment centers.
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and private
activity-based and resource-based recreational facilities.
Policy 101.4.16
The principal purpose of the Airport District land use category is to prohibit the development of
residential, educational or other uses which are characterized by the regular presence of large
numbers of people within the hazard areas of civil and military airports.
2. Potential Land Uses with Proposed Map Amendment
Staff is requesting a future land use map amendment from Recreation (R), Residential High (RH)
or Airport District (AD) to Mixed Use Commercial (MC).
Policy 101.4.5
The principal purpose of the Mixed Usel 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.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the FLUM from R, RH, or AD to MC will not have any effect on community character
because the FLUM of MC is consistent with the current SC zoning. The same is true for
compatibility with adjacent land uses. These parcels are already being utilized with Sub Urban
Commercial purposes and these FLUM changes only recognize current use and will allow Ocean
Reef to continue to develop and utilize the commercial areas within its development.
Use Compatibility
The parcels are currently being used for community and commercial purposes. A change in the
FLUM will allow these parcels to be developed to its greatest potential under its current SC
zonmg.
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
Ocean Reef Map 5 FLUM Amendment
BGee, August 16, 2006
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 cnvironmentally scnsitive 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 anlendment is approved and enacted.
FINDINGS OF FACT AND CONCLUSIONS OF LA W:
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
Staff identified this parcel as have inconsistent zoning and FLUM designations.
Research showed that a land use designation change occurred in 1996 under a
development agreement with Ocean Reefbut the corresponding FLUM designations were
never updated. Staff is attempting to remove these inconsistencies.
(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 dcsignation and FLUM of this parcel will allow this area of Ocean Reef to be
developed for both commercial and residential uses in a cohesive way.
3. The subject properties were zoned RU-3, RU-l and GU prior to 1986.
Ocean Reef Map 5 FLUM Amendment
BOCC, August 16, 2006
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were changed to a Sub Urban Commercial (SC) Land Use Designation
in 1996 pursuant to an agreement between Ocean Reef and Monroe County.
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 Residential High (RH), Recreation (R), and Airport District (AD)
for the SS parcel.
7. The FLUM designations were not changed in 1996 when the Land Use Designation was
changed,
8. The FLUM designation for these properties should be Mixed Use Commercial (Me).
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
storm water 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 full use of the subject
property.
RECOMMENDA TION:
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 amendments
from Recreation (R) to Mixed Use/Commercial (MC) for real estate numbers: 00081720,000302
and 00081740.000300 and from Recreation (R), Residential High (RH), and Airport District
(AD) to Mixed Use/Commercial (MC) for real estate number: 00081720.000300.
Ocean Reef Map 5 FLUM Amendment
ROCC, August 16,2006
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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 ENVIRONMENT AL 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), RESIDENTIAL HIGH (RH), AND
AIRPORT DISTRICT (AD) TO MIXED USE
COMMERCIAL (MC). THE PROPERTIES ARE LOCATED
AT THE SOUTH END OF THE OCEAN REEF AIRPORT
RUNWAY. THE PROPERTIES ARE LEGALLY
DESCRIBED AS PART OF THE NE ~ OF THE S\V ~ OF
SECTION 7, TOWNSHIP 59S, RANGE 41E, OCEAN REEF,
KEY LARGO, MONROE COUNTY, FL. THE REAL
ESTATE NUMBERS ARE 00081720.000300,
00081720.000302 AND 00081740.000300.
WHEREAS tbe Monroe County Board of County Commissioners makes tbe
following findings of fact:
1. The Development Review Committee held a meeting on April I I, 2006
and recommended to the Planning Commission that they a pprove 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 201 0 Comprehensive Plan, changing the
future land use designation of the properties described above.
NOW THEREFORE, BE IT RESOL YEn 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 of 9J -11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 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 L. KOLHAGE, CLERK
Deputy Clerk
BOCC OHDINANCE TO AMEND
THE FU'I'URE LAND USE DISTRICT MAP (FLUM)