Item R06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Growth Management
Bulk Item: Yes
No X
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 R~esidelltial
Low (RL) to Mixed Use/Commercial (Me) for property legally described as Harbor Course, Sec~ 1, Tract B, Ocean Reef
Plat 13, Monroe County, Florida. having Real Estate Numbers: 00080040~000000 and 00080040.000100.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment from Recreation (R)
to Mixed Use/Commercial (Me) for property legally described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13,
Monroe County, Florida, having Real Estate Numbers: 00572797.003600, 00573650.002800 and 00572797.003603.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment from Recreation
(R), Residential Low (RL) and Residential Conservation (Re) to Mixed Use/Commercial (MC) for property legally
described as Harbor Course, Sec. I, Tract B, Ocean Reef Plat 13, Monroe County, Florida, having Real Estate Number:
00572797.003700.
(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
TOT AI.. 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:
DOCUMENTATION:
Included X
Not Required ~ ~
DISPOSITION:
AGENDA ITEM
1VIONIIOE COUNTY YEAH 2010
COMPI1EIIENSIVE PI,AN AMENDMENT
FUTUHE LANl) USE 1\1A1' AMENDMENTFHOM
fYI" S.'I.I >1" N'I'I A 1 .1. (.),"V; (.IY[ .
.\. .,j~. '"'' n:d ... .,J.-\,. ..~ . ,.J _ \" .\. "J)
1'0 MIXED USE COMMEHCIAL (Me)
AND FHOM
HECHEA'I'ION (H)
TO M.lXED USE COMM.EHClAL (Me)
AND FHOM
.I.)I'S.'I.I)VN' "1'1.4.1 .1 (.)\V1 (R.I...) ):.)J'(..'.ITJ' A rIYI.(.)'\; (.1).) ~N. '.1..)
:\ ,:.-10.."...., .L~i.'",J\..".i ..J ~ \" ,.' .,.) ~ __'- ~--t .A..\_~--,f\",,_ _ L' ,l ': I'-_l.'__
BESIDENTIAL CONSERVtC\TION (HC)
TO MIXED USE COl\IMEHCIAL (MC)
BOAHD OF COUN'[Y COI\lMISSIONERS
KEYLAHGO
AUGUST 16,2006
PHOPOSED FUTLHE LAN1) USE MAP AMENDMENT
HESIDEN'rlALLOW (Ill,)
TO MIXED USE COMMEHCIAI, (MC)
A REQUEST BY THE MONROE COUNTY PLANNING DEPAHTMENT FOB A
F"UT'J'IT(>Ji' I /' ,v'J) TiS"I"';Vl} 'I> '1,'1 ,Lr~rl') i\~'II?i'TI)~rl'(<'f\.T'I' '1"()()~I'IYJ,~'I'I)14'N'I"I' \1' I OW
. ..v.\ c-J_,,,,(~:"\,l.' c L... ""...1..,'-:\.. (,,,,oj' LV.. ..,1.'t. ,n'.d,'. i.'t........Ll."". .....\ ~,_. ,l"",.-::;_~ nL_ _....I.n.J. ..oJ
(RL) TO MIXEn USE/COMMERCIAL (IvlC) FOB PHOPEHTYLEGALL Y
DESCIUBED ASHARBOB COUHSL SEe. I, 'rHACT B, OCEANHEEF PLAT
!:{,MONHOE COUN'rY.FLORIDA. flAVING IlEAl, ESTATE NLMBEHS:
0008001.tO.000000 AND 00080040.000 I 00.
AND FHOM
HECHEATION (H)
TO MIXED USE COMMERCIAL (MC)
A BEQUEST BY THE MONI10E COUNTY PLANNING DEI>AHTMENT FOH A
FUTUHE LAND USE MAP (FLUlvl) AMENDMENT FHOM HECHEATION (H)
TO MIXED USE/COIvIMEHCIA,L (MC) FOB PHOPEBTY LEGALLY
DESCRIBED AS HAHBon COURSE. SEC. L TRACT B. OCEAN REEF PLAT
13, MONROE COUNTY, FI,,()HII)A. flAVING HEAL ESrrATE NUl\IBEHS:
00,572797.003600, 005736S0,()()2800 AND 00572797.0(B603.
AND F({OM
HESIDENTIAL LOW (HI,), HECREA'I'ION (R). AND
HESff)ENTIAL CONSEHV ATJ()N (HC)
TO MIXED USE COMi\fEHCJAJ, (MC)
A REQUEST BY THE IvlONHOE COUNTY PLANNING DEPARTMENT FOH A
FUTURE LAND USE MAP (FLUM) AIVlENDMENT FHOM HECREATION (H),
HESfDENTIALLOW (HI,) AND RESIDENTIAL CONSERVATION (HC) TO
MIXED IJSE/COMMEHCIAL (MC)FOH PUOPEHrf'Y LEGALLY DESCRIBED
AS IIABBOH COUHSE, SEe. 1, TRACT B, ()CEAN HEEl" PLAT 13, MONROE
COUNTY,FI,ORII)A, IIAVING REAL Es'rATE NUMBEU: 00,572797.00:noo.
HECOMMENDATl()NS
DUC:
PC:
April I L 2006
June 2iL 2006
Boee THANSMITTAL HI'~SOLUTION
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRI\NSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS A
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
FOR THE FOLLOWING PROPERTIES FROM
RESIDENTIAL LOW (RL), RECREATION (R), AND
RESIDENTIAL CONSERVATION (RC) TO MIXED USE
COMMERCIAL (MC). THE PROPERTIES ARE LEGALLY
DESCRIBED AS HARBOR COURSE, SEe. 1, TRACT B,
OCEAN REEF PLAT 13, MONROE COUNTY, FLORIDA.
THE REAL EST ATE NUMBERS ARE 00080040.000000,
00080040.000100, 00572797.003600, 00573650.002800,
0057297.003700, AND 0057297.003603.
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 properties described above.
NO\\! THEREFORE, HE IT RESOL YEn BY THE BOARD OF COUNTY
C01\lMISSIONERS 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 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 Tern Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(Seal)
Deputy Clerk
A TTEST: DANNY L KOLHAGE, CLERK
BOCC OHDINANCE TO AJVIEND
'fHE FUTUHE LAND lJSE IHSTHICTMAP (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),
RECREATION (R) AND RESIDENTIAL CONSERVATION (Re) TO
MIXED USE COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS
HARBOR COURSE, SEC. 1, TRACT B, OCEAN REEF PLAT 13,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBERS; 00080040.000000, 00080040.000100, 00572797.003600,
00573650.002800,00572797.003700 AND 00572797,003603,
\VHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August 16, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM)
from Residential Low (RL), Recreation (R), and Residential Conservation (RC) to Mixed
Use Commercial (MC) for property described as Harbor Course, Sec. 1, Tract B, Ocean
Reef Plat 13, Monroe County, Florida, having Real Estate Numbers: 00080040.000000,
00080040.000100, 00572797.003600, 00573650.002800, 00572797.003700 and
00572797.003603; 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 on July 27,2006; and
'WHEREAS, the Board of County Commissioners makes the following Findillgs 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 Reef FLUM 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
Staff became aware that this was a parcel which had a land use designation
change without a corresponding FLUM change.
(v.)Recognition of a need for additional detail or comprehensiveness:
Changing the FLUM of this parcel will allow this area of Ocean Reef to continue
the uses already found on these parcels.
3. The subject property was zoned General Use (GU), single-family residential district
(RU-l), and multiple family residential district (RU-3) prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were subsequently changed to a zoning of Sub Urban
Commercial (SC).
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 Low (RL), Recreation (R), and
Residential Conservation (RC) for the SS parcels.
7. RL and R are not the corresponding FLUM categories for SC parcels.
8. Mixed Use Commercial (MC) is the appropriate corresponding FLUM designation
for SC parcels.
9. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
10. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the 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 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.
Ocean ReefFLUM Ordinance
Page 2 of3
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 transmittcd by the Planning Department to the
Department of Community Affairs for review and comment pursuant to Chapter] 63,
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 of91-11.011 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)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean ReefFLUM Ordinance
Page 3 of3
EXlIlBIT 1: FUTUHE LANDUSEMAPS
RM
R
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
Residential Low (RL), Residential Conservation (RC) and Recreation (R)
to Mixed-Use Commercial (MC)
Prop erty De scriptio n: RE 00080040.000000, 00080040.000100, 00573650.002800
00572 79 7.003600, 00572 79 7.003603. 00572 79 7.003700
Map Amendment:
460
Feet
Land Use Di stri d Map #: 61 & 62
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
Residential Low (RL), Residential Conservation (RC) and Recreation (R)
to Mixed-Use Commercial (MC)
Prop erty De scriptio n: RE 00080040.000000, 00080040.000100, 00573650.002800
00572 79 7.003600, 00572 79 7.003603. 00572 79 7.003700
Map Amendment:
460
Feet
Land Use Di stri d Map #: 61 & 62
RL, R. and RC to MC 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 Designation from
Residential Low (RL), Residential Conservation (RC) and Recreation (R)
to Mixed-Use Commercial (MC)
Prop erty De scriptio n: RE 00080040.000000, 00080040.000100, 00573650.002800
00572 79 7.003600, 00572 79 7.003603. 00572 79 7.003700
Map Amendment:
460
Feet
Land Use Di stri d Map #: 61 & 62
PLANNING COMMISSIOl\ HESOLUCl'ION
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 201 0
COMPREHENSIVE PLAN FROM RESIDENTIAL LOW (RL),
RECREATION (R), AND RESIDENTIAL CONSERVATION (Re) TO
MIXED USE COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS
HARBOR COURSE, SEe. 1, TRACT B, OCEAN REEF PLAT 13,
MONROE COUNTY, FLORIDA, HA VING REAL ESTATE
NUMBERS: 00080040.000000, 00080040.000100, 00572797.003600,
00573650.002800,00572797.003700 AND 00572797.003603.
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), Recreation (R), and Residential Conservation (RC) to Mixed Use Commercial
(MC) for property described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13,
Monroe County, Florida, having Real Estate Numbers: 00080040.000000,
00080040.000100,00572797.003600, 00573650.002800, 00572797.003700 and
00572797.003603; 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 Residential Low (RL) and Recreation (R) to Mixed Use Commercial (Me) for
property described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13, Monroe
County, Florida, having Real Estate Numbers: 00080040.000000, 00080040.000100,
00572797.003600,00573650.002800,00572797.003700 and 00572797.003603 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:
L 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 Reef Map 7 FLUM Amendment
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
Staffbecamc aware that this was a parcel which had a land use designation
change without a corresponding FLUM change.
(v.)Recognition of a need for additional detail or comprehensiveness:
Changing the FLUM of this parcel will allow this area of Ocean Reef to continue
the uses already found on these parcels.
3. The subject property was zoned General Use (GU), single~family residential district
(RU-l), and multiple family residential district (RU~3) prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were subsequently changed to a zoning of Sub Urban
Commercial (SC).
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 Low (RL) and Recreation (R) for
the SS parcels.
7. RL and R are not the corresponding FLUM categories for SC parcels.
8. Mixed Use Commercial (Me) is the appropriate corresponding FLUM designation
for SC parcels.
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.
II. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stom1water and wastewater indicate that there arc no significant concerns.
WHEREAS, the Planning Commission made the following Conclusions of
Law:
I. This map an1endment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of
thc Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
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.
Ocean Reef Map 7 FLUM Amendment
Page 20f3
NO\V THEREFORE, BE IT RESOL VED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORJDA, 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), Recreation (R), and Residential Conservation (RC) to Mixed Use Commercial
(MC) for property described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13,
Monroe County, Florida, having Real Estate Numbers: 00080040.000000,
00080040.000100, 00572797.003600, 00573650.002800, 00572797.003700 and
00572797.003603.
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 7 FLUM Amendment
Page 3 of3
DEVELOPMENT HEVIEW COMMITTEE HESOLUTION
DEVELOPMENT REVIEW COMMITTEE
A RESOLUTION BY THE MONROE COUNTRY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY MONROE
COUNTY PLANNING TO AMEND THE FUTURE LAND USE MAP
OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
FROM RESIDENTIAL LOW (RL), RECREATION (R), AND
RESIDENTIAL CONSERV ATI0N (RC) TO MIXED USE
COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS HARBOR
COURSE, SEC. 1, TRACT B, OCEAN REEF PLAT 13, MONROE
COUNTY, FLORIDA, HA VING REAL ESTA TE NUMBERS:
00080040.000000, 00080040.0001 00, 00572797.003600,
00573650.002800,00572797.003700 AND 00572797,003603.
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) from
Residential Low (RL), Recreation (R), and Residential Conservation (RC) to Mixed Use
Commercial (MC) for property described as Harbor Course, Sec. 1, Tract B, Ocean Reef
Plat 13, Monroe County, Florida, having Real Estate Numbers: 00080040.000000,
00080040.000100,00572797.003600, 00573650.002800, 00572797.003700 and
00572797.003603; 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 f'indings 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 PLUM to allow
commercial development.
(iv.) New issues
Ocean Reef Map 7 FLUM Amendment
Page 10f3
Staff became aware that this was a parcel which had a land use designation
change without a corresponding FLUM change.
(v.)Recognition of a need for additional detail or comprehensiveness:
Changing the FLUM of this parcel will allow this area of Ocean Reef to continue
the uses already found on these parcels.
3. The subject property was zoned General Use (GU), single-family residential district
(RU-l), and multiple family residential district (RU-3) prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were subsequently changed to a zoning of Sub Urban
Commercial (SC).
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 Low (RL) and Recreation (R) for
the SS parcels.
7. RL and R are not the corresponding FLUM categories for SC parcels.
8. Mixed Use Commercial (MC) is the appropriate corresponding FLUM designation
for SC parcels.
9. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
] O. Objective 101.11 states that Monroe County shall ensure that at the time a
development penuit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development
11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stonnwater and wastewater indicate that there are no significant concems.
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.
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 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), Recreation (R) and Residential Conservation (RC) to Mixed Use Commercial
(MC) for property described as Harbor Course, Sec. 1, Tract B, Ocean Reef Plat 13,
Monroe County, Florida, having Real Estate Numbers: 00080040.000000,
Ocean Reef Map 7 PLUM Amendment
Page 2 of3
00080040.000100, 00572797.003600, 00573650.002800, 00572797.003700 and
00572797.003603.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 11 tl1 day of April, 2006.
Heather Beckmann, Sf. Planner YES
Ralph Gouldy, Sr. Administrator of EnvironmentaI 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 7 FLUM Amendment
Page 3 of3
STAFF HEPOnrr
1\<lemorandum
To: Board of County Commissioners
From: Julianne Thomas; Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Puture Land Use Map Amendments
MEETING DATE: August 16,2006
RE NUMBER: 00080040.000000
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 Acquisition Corp.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 458,513.77 S.P. or 10.53 acres; 0.22 acres being changed
RE NUMBER: 00080040.000100
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: 42,476.85 S.P. or 0.97acres; 0.83 acres being changed
RE NUMBER: 00573650.002800
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 Acquisition Corp.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 419,858.06 S.F. or 9.64 acres; 0.44 acres being changed
Ocean Reef Map 7 FLUM Amendment
Boce, August i 6, 2006
RE NUMBER: 00572797.003700
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential Low (RL),
Residential Conservation (RC) & 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 O\VNER: Ocean Reef Acquisition
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 45,720.47 or 1.05 acres; 0.10 acres changing from RL to MC; 0.62 acres
changing from R to MC
RE NUMBER: 00572797.003603
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
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 9,048.5 S.F. or 0.208 acres; 0.14 acres changing
RE NUMBER: 00572797.003600
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 O\VNER: Ocean Reef Acquisition Corp.
AGENT: None.
PROPERTY INFORMATION
Key: Key Largo Mile Marker: Ocean Reef
Size of Parcel: 35.6 acres; 0.55 acres changing
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef These properties are the security gate and
employment office for Ocean Reef. The property is legally described as Harbor Course, Sec. 1,
Tract B, Ocean Reef Plat 13, Monroe County, Florida, having Real Estate Numbers:
Ocean Reef Map 7 FLUM Amendment
BOCC, August 16, 2006
00080040.000000, 00080040.000100, 00572797.003600, 00573650.002800, 00572797.003700
and 00572797.003603.
Existing Use:
The property currently has a one-story building of approximately 2,464 sq. ft., which is used as
the human resources oftlce for Ocean Reef. There is also a parking lot that is used by this
building, and a guardhouse at the entrance of Ocean Reef. The rest of the parcels are occupied
by roads and landscape vegetation.
Existing Habitat:
The property is disturbed with planted buffers 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 as Golf Course, disturbed with
Hammock (740.1), and Tropical Hardwood Hammock (426).
Neighboring Land Uses and Character:
The surrounding properties are a variety of uses. The surrounding properties are mostly open
spaces, golf course, and hardwood hammock. To the North, South, and West are tropical
hardwood hammock and golf courses. To the East is the main road into Ocean Reef Club and a
golf course.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned General Use (GU), single-family residential district (RU-l), and
multiple family residential district (RU-3) prior to 1986.
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 Future Land Use Map (FLUM) designation 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.
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 FLUM
designation consistent with the land use designation.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
Ocean Reef Map 7 FLUM Amendment
HOCC, August 16, 2006
None.
(ii.) Changed assumptions:
Ocean Reef Club (aRC) 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. aRC 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.
aRC provides amenities to its residents in the fonn of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
(iii.) Data errors:
None.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Rcefthat had
zone changes. After 1986, these parcels were changed from SS to SC under a development
agreement with Ocean Reef but the FLUM was not changed at the same time. 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 ret1ects 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.
(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'sJ
The property has current FLUM designations of Recreation (R) and Residential Low (RL) which
are inconsistent with the SC land use district map designation.
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
Ocean Reef Map 7 FLUM Amendment
BOCC, August 16, 2006
that was I isted a sap ermitted use in the Land Development Regulations that were in effect
immediately prior to the institution of the 2010 Comprehensive Plan (pre-20 10 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-2010 LDR's allowed,
whichever is more restricted.
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.
2. Potential Land Uses with Proposed ;Map Amendment
Staff is requesting a future land use map amendments from Recreation (R) and Residential Low
(RL) to Mixed Use/Commercial (Me).
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.
Compatibility with adjacent land uses and effects on community character:
Density and Intensi~y
Changing the FLUMfrom Rand RL to a FLUM of Me will not increase the intensity of the use.
Rather, it will allow all the uses already permitted via the SC zoning.
Use Compatibility
The property is currently being used for a human resources office, gatehouse, roads and
landscaping purposes. The change in FLUM is needed to correspond with the land use
designation which was changed in 1996.
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.
This FLUM change will not have a negative effect on this goal.
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.
Ocean Reef Map 7 FLUM Amendment
BOCC. August] 6, 2006
The proposed FLUM amendment 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 ifthis amendment is approved and enacted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b 0 fthe Monroe County Code (MCC) a Bows the Board 0 fC ounty
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):
(U.) 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
After 1986, these parcels were changed from SS to SC under a development agreement
with Ocean Reef but the FLUM was not changed at the same time. Staff became aware
that this was a parcel which had a land use designation change without a corresponding
FLUM change,
(v.)Recognition of a need for additional detail or comprehensiveness:
Changing the FLUM of this parcel will allow this area of Ocean Reef to continue the uses
already found on these parcels.
3. The subject property was zoned General Usc (GU), single-family residential district (RU-l),
and multiple family residential district (RU-3) prior to 1986.
4. The subject properties were assigned zoning of Sparsely Settled (SS) in 1986.
5. The subject properties were subsequently changed to a zoning 0 f S ub Urban Commercial
(SC) in 1996.
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 Low (RL) and Recreation (R) for the SS parcels.
7. RL and R are not the corresponding FLUM categories for SC parcels.
8. Mixed Use Commercial (MC) is the appropriate corresponding FLUM designation for SC
parcels.
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.
Ocean Reef Map 7 FLUM Amendment
BOCC, August 16, 2006
11. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storrnwater and wastewater indicate that there are no significant concerns.
CONCLUSIONS OF LAW:
L This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed future land use map designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
RECOMM.ENDATION:
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 (MC) for RE#s 00573650.002800, 00572797.003600
and 00572797.003603; Residential Low (RL) to Mixed Use/Commercial (MC) for RE#s
00080040.000000, 00080040.000100, 00572797.003600; and Recreation (R), Residential
Conservation (RC) and Residential Low (RL) to Mixed Use/Commercial (Me) for RE#
00572797.003700.
Ocean Reef Map 7 FLUM Amendment
Hoec, August 16, 2006
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