Item R05
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 Low (RL) to Residcntial Conservation (RC) for property legally described as
Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having Real
Estate Numbers: 00080120.000100, 00080190.000000 and 00573690.003900.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map
Amendment from Residential Low (RL) to Mixed Use/Commercial (MC) for property legally
described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida,
having Real Estate Numbers: 00573630.002600 and 00573630.002601.
(first of two public hearings)
ITEM BACKGROUND:
This is a Planning Departmcnt-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 J line 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). However, the map included in the packet
was found to be in error, and in 2001, the map was corrected to reflect the change approved in 1995.
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:
; 'I
. l. 4
~ . " ...
~d:~1roski ,?:~: /2-b
DOCUMENTATION:
Included
Not Required _ _
DISPOSITION:
AGENDA ITEM
MONHOE COUN'rY YEAH 2010
COMPHEIIENSIVE PLAN AMENDMENT
FU'rUHELA ND USE MAP A1\:IENDMENT FHOM
HESIDENTIALLl)W (HL)
TO HESIDENTIAL CONSERVATION (He)
AND FHO,VI
f) .(i' "I. .1..) .[" s,. 'I' I ,.t.r I (.) \'Ii! (f).1 )
':\.-i1.v" ,... , ...d.' ",,""\ ..,1 ,,,..I. '" .'-. _'.j
'1'0 MIXED LJSE COMMEHCIAL (Me)
BOAHD OF COUNTY COMMISSIONEHS
KEYLAHGO
AUGUST 16,2006
PROPOSED FUTURE LAND USEM AP AMENDMENT
HESIDENTIAL LOW (HL)
TO RESIDENTIAL CONSERVATION (HC)
A REQUEST BY TIlE l\IONHOE COUNTY PLANNING DEPAHT!\fENT FOB A
FUTUBE LAND USE MAP (FLU1vl) A1\fENDMENT FROM RESIDENTIAL LOW
(HI,) 1'0 RESIDENTIAL CONSEHV A1'ION (BC) FOR PHOPEBTYLEGAIJLY
DESCRIBED AS DESIGNA1'E IIAHBOR COUHSE, SEC. 2, THACT C, OCEAN
HEEl" PLAT J3, 1\lONHOE COUNTY, FLOHIDA. HAVING HEAL ESTATE
> ..
NUMBEHS; 00080120.000100, 000a0190.000000 ANI) 00573690.003900.
AND FHOM
HESIDENTIAL LOW (RL)
TO MIXED USE COMMEHCIAIJ (MC)
A REQUEST BY TIlE MONI10E COUNTY PLANNING DEPAI1TMEN'I'FOH A
FUTUHELAND USE MAP (FLUM) AMENDMENT FHOM RESIDENTIAL LOW
(HI,) TO MIXED USE/COMMERCIAL (MC) FOR PHOPER'I'Y LEGALLY
DESCRIBED AS I)ESIGNATE HARBon COUHSE., SEe. 2., TItAC'f C., OCEAN
HEEF P1,1\'r 13, MONHOE COUNTY, FLOHIDA, HAVING HEAL ESTATE
NUMBEHS: 00573630.002600 AND 0057;~6;~0.002601.
HECOMMENDATIONS
DHC:
PC:
April I I, 2006
June 28, 2006
BOCC TRANSMITTAL 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 ENVIRONMENT AL
RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE
MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL LOW (RL) TO
RESIDENTIAL CONSERVATION (RC) FOR PROPERTY LEGALLY
DESCRIBED AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C,
OCEAN REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00080120.000100,00080190.000000 AND
00573690.003900 AND FROM RESIDENTIAL LOW (RL) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED
AS DESIGNATE HARBOR COURSE, SEC. 2, TRACT C, OCEAN
REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00573630.002600 AND 00573630.002601.
WHEREAS 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 propet1ies described above.
NO\V THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations
of the Planning Commission pursuant to the draft ordinance for adoption of the proposed
Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Chapter 163.3184, Florida Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of9J-l1.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to fonvard 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 Glellll 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 FCTUBE LAND USE DISTRIC'I' 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 RESIDENTIAL LOW (RL) TO
RESIDENTIAL CONSERVATION (RC) FOR PROPERTY LEGALLY
DESCRIBED AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C,
OCEAN REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00080120.000100, 00080190.000000 AND
00573690.003900 AND FROM RESIDENTIAL LOW (RL) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED
AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C, OCEAN
REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00573630.002600 AND 00573630.002601.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August 16, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM)
from Residential Low (RL) to Residential Conservation (RC) for property legally
described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe
County, Florida having Real Estate Numbers 00080120.000100, 00080190.000000 and
00573690.003900, and from Residential Low (RL) to Mixed Use/Commercial (MC) for
property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat
13, Monroe County, Florida, having Real Estate Numbers: 00573630.002600 and
00573630.002601; 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
preparcd by Julianne Thomas, planncr on July 27, 2006; and
Ocean Reef FLUM Ordinance
Page 1 of4
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; and
2. In accordance with Section 9.5-511 (d) (5) (b):
(iL) Changed assumptions:
ORC is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified for
commercial development need to have the appropriate FLUM to allow
commercial development.
(iiL)Data errors:
Staff believes that the Residential Low (RL) designation was never meant to
include parts of 00080120.000100, 00080190.000000 and 00573690.003900, and
now seeks to return the FLUM designation to Residential Conservation (RC).
(iv.) New issues
Staffrecognized that areas in Ocean Reef with Land Use Designation changes did
not have corresponding Future Land Use Map changes and is seeking to eliminate
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 property was zoned BU-I-M and BU-2-F 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 Comprehensivc Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Residential Low (RL) for the SS parcel.
6. The subject property was then changed to Sub Urban Commercial (SC) for parcels
RE 00573630.002600 and 00573630.002601 pursuant to a development agreement in
1996.
7. The FLUM was never changed to reflect the change in land use designation.
8. The appropriate FLUM designation for RE #'s: 00080120.000100,00080190.000000
and 00573690.003900 is Residential Conservation (RC).
9. The appropriate FLUM designation for parcels RE 00573630.002600 and
00573630.002601 is Mixed Use Commercial (MC).
10. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
11. 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 RecfFLUM Ordinance
Page 2 of 4
12. 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 (1i), (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.
NO\V 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 at Exhibit 1.
Section 3. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such 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-11.0 11 of the Florida Administrative Code.
Ocean ReefFLUM Ordinance
Page 3 of 4
Ocean Reef FLUM Ordinance
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 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)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean Reef FLUM Ordinance
Page 4 of 4
EXIIIBIT 1: FUTURE LAND USE MAPS
I
I
IRl
\
;-" ----- ----- ~ ~
I
\
.-------
/ \.
/ \..
\ \
RC
RL to MC
P:~:::I RL to RC
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 Designation from
Re side ntial Low (RL) to Resid entia I Co nservati on (RC) and
fron Resid entia I Low (RL) to M ixed-U se Commercia I (M C)
Prop erty De scriptio n: RE 000801 90.000000, 000801 20.000100, 00573690.003900
00573630.002600, 00573630.002601
Map Amendment:
310
Feet
Land Use District Map #: 63
RL to MC
P:~:::I RL to RC
Proposed Future Land Use Map Amendment: Aerial
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Proposal: Change Future Land Use Map Designation from
Re side ntial Low (RL) to Resid entia I Co nservati on (RC) and
fron Resid entia I Low (RL) to M ixed-U se Commercia I (M C)
Prop erty De scriptio n: RE 000801 90.000000, 000801 20.000100, 00573690.003900
00573630.002600, 00573630.002601
Map Amendment:
390
Feet
Land Use District Map #: 63
\: 7
..
/.".
T
..
RL to MC
LIIJ
........ RL to RC
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 Designation from
Re side ntial Low (RL) to Resid entia I Co nservati on (RC) and
fron Resid entia I Low (RL) to M ixed-U se Commercia I (M C)
Prop erty De scriptio n: RE 000801 90.000000, 000801 20.000100, 00573690.003900
00573630.002600, 00573630.002601
Map Amendment:
840
Feet
Land Use District Map #: 63
PLANNING COMMISSION RESOLUTION NO.:
A RESOLUTION BY THE MONROE COUNTRY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY
MONROE COUNTY PLANNING TO AMEND THE FUTURE LAND
USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL LOW (RL) TO
RESIDENTIAL CONSERVATION (RC) FOR PROPERTY LEGALLY
DESCRIBED AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C,
OCEAN REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00080120.000100,00080190.000000 AND
00573690.003900 AND FROM RESIDENTIAL LOW (RL) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED
AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C, OCEAN
REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00573630.002600 AND 00573630.002601.
WHEREAS, the Monroe County Planning Commission, during a regular meeting
held on June 28, 2006 conducted a review and consideration of the request filed by
Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential
Low (RL) to Residential Conservation (RC) for property legally described as Designate
Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida having Real
Estate Numbers 00080120.000100, 00080190.000000 and 00573690.003900, and from
Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as
Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida,
having Real Estate Numbers: 00573630.002600 and 00573630.002601; 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 (PLUM)
fi'om Residential Low (RL) to Residential Conservation (RC) for property legally
described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe
County, Florida having Real Estate Numbers 00080120.000100, 00080190.000000 and
00573690.003900, and from Residential Low (RL) to Mixed Use/Commercial (MC) for
property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat
13, Monroe County, Florida, having Real Estate Numbers: 00573630.002600 and
00573630.002601 and recommended approval to the Planning Commission; and
Ocean Reef Map 5 FLUM Amendment
Page 1 of3
WHEREAS, the Planning Commission examined the staff report prepared by
Julianne Thomas, planner on June 21,2006; and
\VHEREAS, 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; and
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.
(iiL)Data errors:
Staff believes that the Residential Low (RL) designation was never meant to
include parts of 00080120.000100, 00080190.000000 and 00573690.003900, and
now seeks to return the FLUM designation to Residential Conservation (RC).
(iv.) New issues
Staff recognized that areas in Ocean Reef with Land Use Designation changes did
not have corresponding Future Land Use Map changes and is seeking to eliminate
inconsi stenc i 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 FUJM 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 property was zoned BU-I-M and BU-2-F prior to 1986.
4. The subjcct 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 Residential Low (RL) for the SS parceL
6. The subject property was then changed to Sub Urban Commercial (SC) for parcels
RE 00573630.002600 and 00573630.002601 pursuant to a development agreement in
1996.
7. The FLUM was never changed to reflect the change in land use designation.
8. The appropriate FLUM designation for RE #'s: 00080120.000100, 00080190.000000
and 00573690.003900 is Residential Conservation (RC).
9. The appropriate FLUM designation for parcels RE 00573630.002600 and
00573630.002601 is Mixed Use Commercial (MC).
10. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
11. 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
Ocean Reef Map 5 FLUM Amendment
Page 2 of3
development at the adopted level of service standards concurrent with the impacts of
such development.
12. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concems.
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This map an1cndment meets criteria (ii), (iv), and (v) outlined in Section 9.5-51] 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 Residential Low
(RL) to Residential Conservation (RC) for property legally described as Designate
Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida having Real
Estate Numbcrs 00080120.000100, 00080190.000000 and 00573690.003900, and from
Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as
Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida,
having Real Estate Numbers: 00573630.002600 and 00573630.002601; and
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
PLAJ\1NING 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 I1EVIEW COMMI'rTEE HESOI,UTION
DEVELOPMENT REVIEW COMMITTEE
A RESOLUTION BY THE MONROE COUNTRY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY MONROE
COUNTY PLANNING TO AMEND THE FUTURE LAND USE MAP
OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
FROM RESIDENTIAL LOW (RL) TO RESIDENTIAL
CONSERVATION (RC) FOR PROPERTY LEGALLY DESCRIBED AS
DESIGNATE HARBOR COURSE, SEe. 2, TRACT C, OCEAN REEF
PLAT 13, MONROE COUNTY, FLORIDA, HAVING REAL EST ATE
NUMBERS: 00080120.000100, 00080190.000000 AND
00573690.003900 AND FROM RESIDENTIAL LOW (RL) TO MIXED
USE/COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED
AS DESIGNATE HARBOR COURSE, SEe. 2, TRACT C, OCEAN
REEF PLAT 13, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS: 00573630.002600 AND 00573630.002601.
WHEREAS, the Monroe County Development Review Committec, 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)
from Residential Low (RL) to Residential Conservation (Re) for property legally
described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe
County, Florida having Real Estate Numbers 00080120.000100, 00080190.000000 and
00573690.003900, and from Residential Low (RL) to Mixed Use/Commercial (MC) for
property legally described as Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat
13, Monroe County, Florida, having Real Estate Numbers: 00573630.002600 and
00573630.002601; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Julianne Thomas, planner on March 3],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; and
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
Ocean Reef Map 6 FLUM Amendment
Page 10[3
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:
Staff believes that the Residential Low (RL) designation was never meant to
include parts of 00080120.000100, 00080190.000000 and 00573690.003900, and
now seeks to return the FLUM designation to Residential Conservation (RC).
(iv.) New issues
Staff recognized that areas in Ocean Reef with Land Use Designation changes did
not have corresponding Future Land Use Map changes and is seeking to eliminate
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 property was zoned BU-I-M and BU-2-F 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 Residential Low (RL) for the SS parce1.
6. The subject property was then changed to Sub Urban Commercial (SC) for parcels
RE 00573630.002600 and 00573630.002601 pursuant to a development agreement in
1996.
7. The FLUM was never changed to reflect the change in land use designation.
8. The appropriate FLUM designation for RE #'s: 00080120.000100, 00080190.000000
and 00573690.003900 is Residential Conservation (RC).
9. The appropriate FLUM designation for parcels RE 00573630.002600 and
00573630.002601 is Mixed Use Commercial (Me).
] O. Section 9.5-5]] prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
11. Objective 101.ll states that Monroe County shall ensure that at the time a
development pennit is issued, adequate public facilities arc available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
12. 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:
]. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of
the Monroe County Land Development Regulations.
Ocean Reef Map 6 FLUM Amendment
Page 2 of3
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 DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend
APPROV AL to the Monroe County Planning Commission of the request filed by
Monroe County Planning to amend the Future Land Use Map (FLUM) from Residential
Low (RL) to Residential Conservation (RC) for property legally described as Designate
Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida having Real
Estate Numbers 00080120.000100, 00080190.000000 and 00573690.003900, and from
Residential Low (RL) to Mixed Use/Commercial (MC) for property legally described as
Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida,
having Real Estate Numbers: 00573630.002600 and 00573630.002601.
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, Sf. Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Clarence Feagin, Sr. Planner YES
Julianne Thomas, Planner YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF
MONROE COUNTY, FLORIDA
By
Heather Beckmann, DRC Chair
Signed this
day of
,2006
Ocean Reef Map 6 FLlJM Amendment
Page 3 of3
STAFF REPORT
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Future Land Use Map Amendment
MEETING DATE: August 16,2006
RE NUMBER: 00080190.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Conservation (RC)
EXISTING ZONING DESIGNATION: Native Area (NA)
PROPOSED ZONING DESIGNATION: Native Area (NA)
PROPERTY OWNER: State of Florida
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 1,447,634.67 S.F. or 33.23 acres; 2.88 acres being changed
RE NUMBER: 00573690.003900
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Conservation (RC)
EXISTING ZONING DESIGNATION: Native Area (NA)
PROPOSED ZONING DESIGNATION: Native Area (NA)
PROPERTY OWNER: Ocean Reef Club Inc.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 483,521.24 S.F. or 11.1 acres; 1.27 acres being changed
RE NUMBER: 00080120.000100
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential Conservation (RC)
EXISTING ZONING DESIGNATION: Native Area (NA)
PROPOSED ZONING DESIGNATION: Native Area (NA)
PROPERTY OWNER: State of Florida
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size oCParcel: 273,117.75 S.F. or 6.27 acres; 1.31 acres being changed
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
RE NUMBER: 00573630.002600
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL)
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
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 272823.3 S.F. or 6.26 acres
RE NUMBER: 00573630.002601
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL)
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: Academy at Ocean Reef
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 50,413.35 S.F. or L 16 acres
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef. The property legally described as
Designate Harbor Course, Sec. 2, Tract C, Ocean Reef Plat 13, Monroe County, Florida, having
Real Estate Numbers; 00080 I 20.000100, 00080190.000000, 00573690.003900,
00573630.002600 and 00573630.002601
Existing Use:
The property is currently occupied by a variety of commercial and public uses. Among the uses
are a pro shop and eatery that is going to be turned into a salon and spa. There is also a feral cat
rescue center, the Academy at Ocean Reef and some tennis courts.
Existing Habitat:
The property is partially disturbed with both native and exotic landscaping. The remainder of the
parcels is low tropical hardwood hammock of moderate quality.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The existing land use maps classify this property as community recreation. In the 1985 existing
conditions aerials panel #330 classifies this area as 426 tropical hardwood hammock and 612
fringing mangrove
Neighboring Land Uses and Character:
The surrounding properties are mostly open land. To the North, West, and South of the subject
property are hammocks. To the East are single family homes on a golf course.
Ocean Reef Map 6 FLUM Amendment
ROCC, August 16, 2006
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned BU-I-M and BU-2-F prior to 1986. BU-I-M was a designation
that allowed clubs and lodges. BU-2-F was a designation for the sale of alcohol. BU-2-F
permits sale of beer, wine, and liquor for consumption on premises and in sealed containers for
consumption off premises.
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 Plan and to apply Future Land Use Map (FLUM) designations that were
consistent with the land use district designations. The property was given a FLUM designation
ofRL which was consistent with original SS land use district designation.
Map changes or boundary considerations since 1986:
Two of these parcels (RE 00573630.002600 and 00573630.002601) were changed from SS to
Sub Urban Commercial (SC) under a development agreement with Ocean Reef but the FLUM
was not changed at the same time.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 Cd) (5) b.)
(i.) Changed projections:
None
(ii.) Changed assumptions:
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto municipality
providing its own sewer, garbage, police, fire protection and medical services. ORC is
isolated, 12 miles from Key Largo and 30 minutes from Florida City and Homestead.
The original change in zoning was granted in part based on much of the vacant land along
CR-905 being turned into a wildlife refuge. Staff believed that the environmentally sensitive
nature of the lands could be protected by reducing the number of trips on CR-905. One way
to reduce the number of trips is to provide for more services on site. The ouly 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.
(Hi.) Data errors:
Staff believes that the Residential Low (RL) designation was never meant to include parts of
00080120.000100, 00080190.000000 and 00573690.003900, and now seeks to return the
FLUM designation to Residential Conservation (Re).
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
(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 use of these
parcels"
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff believes that land use designation and FLUM designation should be consistent to allow
for comprehensive development of the scarce land resources available to Monroe County and
Ocean Reef.
(vi.) Data updates:
None.
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR's)
The land is currently designated Residential Low (RL).
Policy 101.4.2
The principal purpose of the Residential Low land use category is to provide for low-density
residential development in partially developed areas with substantial native vegetation. Low
intensity public and low intensity institutional uses are also allowed. In addition, Monroe
County shall adopt Land Development Regulations which allow any other nonresidential use
that was listed as a permitted use in the Land Development Regulations (LDR's) that were in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's),
and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish
and/or substantially improve provided that the use is limited in intensity, floor area, density
and to the type of use that existed on January 4, 1996 or limit to what the pre-201O LDR's
allowed, whichever is more restricted.
2. Potential Land Uses with Proposed Map Amendment
Staff is requesting a future land use map amendment from Residential Low (RL) to Residential
Mixed Use Commercial (MC) for parcels with RE #'s 00573630.002600, 00573630.002601 and
RL to Residential Conservation (RC) for parcels with RE#'s 00573690.003900,
00080120.000100 and 00080190.000000.
Policy 101.4.1
The principal purpose of the Residential Conservation land use category is to encourage
preservation of open space and natural resources while providing for very low-density residential
development in areas characterized by a predominance of undisturbed native vegetation. Low-
intensity public uses and utilities are also allowed. In addition, Monroe County shall adopt Land
Development Regulations which allow any other nonresidential use that was listed as a permitted
use in the Land Development Regulations that were in effect immediately prior to the institution
ofthe 2010 Comprehensive Plan (pre-20lO LDR's), and that lawfully existed on such lands on
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided that the
use is limited in intensity, floor area, density and to the type of use that existed on January 4,
1996 OT limit to what the pre-2010 LDR's allowed, whichever is more restricted. Maximum
permitted densities shall be based upon the results of the habitat analysis required by Division 8
ofthe Monroe County Land Development Regulations, as amended.
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 Tequire a major conditional use.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the FLUM from RL to RC will protect the open space and natural areas which
surround the SC parcels. Changing the FLUM from RL to MC will not increase the density of
the two parcels which already have a land designation of SC and are developed as SC parcels.
Changing the designation will only allow Ocean Reef to fully develop these parcels which have
been cleared and identified as commercial areas and not encroach on sensitive environmental
areas.
Use Compatibility
The property zoned NA is open space and natural areas. The property zoned SC is developed
with a club, a cat shelter, and the Academy at Ocean Reef. The FLUM designations requested
will allow the SC parcels to be developed fully as MC parcels and the NA parcels to be protected
under the RC designation.
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.
These FLUM changes will allow the SC parcels to be developed to its fullest potential and
minimize the need to build 0 r clear environmentally se nsitive I ands, like the NA parcels, t 0
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 an1endments will not affect Objective 101.11 and will encourage
commercial development to remain on disturbed lands rather than encroaching on
environmentally sensitive areas.
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
Local Traffic, Parking, and Traffic Circulation
The subject property is located in Ocean Reef, a gated community with limited access to non-
members. Much of the travel within Ocean Reef is conducted using golf carts and staff has no
evidence that there will be any local traffic, parking or traffic circulation issues created.
Effects on Public Facilities
ORC provides many of its own services in terms and anticipates no problem continuing to meet
the community needs if this amendment is approved and enacted.
FINDINGS OF FACT AND CONCLUSIONS OF LA\V:
1. Section 9.5-511 (d)(5)b 0 ft he Monroe County Code (MCC) allows the Board 0 fC ounty
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions; and
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.
(iii.)Data errors:
Staff believes that the Residential Low (RL) designation was never meant to include parts
of 00080120.000100, 00080190.000000 and 00573690.003900, and now seeks to return
the FLUM designation to Residential Conservation (RC).
(iv.) New issues
Staff recognized that areas in Ocean Reef with Land Use Designation changes did not
have corresponding Future Land Use Map changes and is seeking to eliminate
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 property was zoned BU-I-M and BU-2-F 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 Y ear 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 Low (RL) for the SS parcel.
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
6. The subject property was then changed to Sub Urban Commercial (SC) for parcels RE
00573630.002600 and 00573630.002601 pursuant to a development agreement in 1996.
7. The FLUM was never changed to reflect the change in land use designation.
8. The appropriate FLUM designation for RE #'s: 00080120.000100, 00080190.000000 and
00573690.003900 is Residential Conservation (RC).
9. The appropriate FLUM designation for parcels RE 00573630.002600 and 00573630.002601
is Mixed Use Commercial (MC).
10. Section 9.5-511 prohibits any map amendments that would negatively impact community
character. No negative impacts were identified.
11. 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.
12. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (ii), (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed future land use map designations are
appropriate for these properties and will allow the owners to make full use of the subject
properties.
RECOMMENDATION:
Based on the 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 Residential Low (RL) to Mixed Use/Commercial (MC) for RE#s : 00573630.002600 and
00573630.002601 and from Residential Low (RL) to Residential Conservation (RC) for RE#s
00080120.000100,00080190.000000 and 00573690.003900.
Ocean Reef Map 6 FLUM Amendment
BOCC, August 16, 2006
f
~
!':l
~
,S-
"tl
i
r;:
e
Ji.
?
1)
i
ill
:;.
.
"tl
i
i
<:>
::<
...
,~'
~
'"
~g..~
n III lY"'
'---/ pc (!)
- lJQ 0
~. '"t
i::l 0
lJQ '"
'"
::j'&-
o III
S g
p-
~1t
'"
_. III
0......
(1) m
i::l jl)
IT _.
;:0" ~
~fg
~ ~
e_____ en
~(j
'---/ffi
IT 9
o 0
~8
__ 0-
~ III
G> i::l
0-0-
qen
'" --..l
(1) CJJ
"""0\
b125
S 8-
s ~
~ g;
8 ......
III _.
-'"
"'5J~~
n III lY"'
~i::l (1)
G'4 :r
~. lli
i::l IT
G'4 (1
....,::r'
'1 m
o 0-.
S III
~~
([l III
'"
~ S'
([l
~ fg
fl)
-~
reo
~ 8
~}3
,---/(,n
--..l
IT W
o 0\
~$
e.8
~!B
~ (l)
-- i::l
~O-.
nOO
o 0
i::l I-'
'" ~
(1) 0
:1 0
fl) 0
IT 0
o I-'
i::l --
'"
W
::l
0..
>::
'"
(1)
s
fl)
'Ll
_.
'"
(1
p-
It'
P
G'4
5
ct'1
~
lY"'
(1)
W
pc
p....
>::
'"
(!)
0..
([l
'"
dQ'
i::l
III
IT
o'
::l
S
(l)
'Ll
z
)>
--
'"
::<
o
N-
o
lY"'
~
G'4
8
ct'1