Item R08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Growth Management
Bulk Item: Yes
No l--
Department: Planning and Environmental Res.
Staff Contact Person: Ty Symroski
AGENDA ITEM \VORDING:
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment
from unassigned to Conservation (C) for property legally described as Government Lot 2, and Land at
Landings & Moorings of Fisherman's Cove Condo, Section 7, Township 59 South, Range 41 East,
Ocean Reef, Key Largo, Monroe County, Florida, having real estate number: 00081696.000000.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Land Use District Map amendment
from Native Area (NA) to Conservation District (CD) for property legally described as Government
Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7, Township 59 South,
Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real estate number:
00081696.000000.
(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 May 23, 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: None
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
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management _
DIVISION DIRECTOR APPROVAL:
~77 ///
:;/'"
/ ;If Symroski
. I -
~y /, /~ ?
lJ / ~/ 0/ '~'.c6
f
DOCUMENTATION:
Included X
Not Required___
DISPOSITION:
AGENDA ITEM #
lVIONROE COUNTY YEAH 2010
COMPREHENSIVE PLAN AMENDMENT
FUTURE LAND USE iVIAP AMENDMENT FROM
UNASSIGNED TO CONSERVATION (C)
AND
LAND USE DIS'rRICTMAP AMENDMENT FROM
NATIVE AHI~A (NA) 1'0 CONSERVATION DISTRlcr (CD)
BOARD OF COUN'rY COMMISSl()NEHS
KEY LARGO
AUGUST 16, 2006
PROPOSED FFfURE LAND USE MAP AMENDMENT
UNASSIGNED 1'0 CONSERVATION (C)
AND
PHOPOSED LAND USE DISTHIC'I' MAP A.MENDMENT
NATIVE AREA (NA) TO CONSERVATION DISTHICT (CD)
A REQUEST BY TIlE lVIONROE COUNTY PI.,ANNING DEPARTMENT FOB A
VUTURE LAND USE MAP (FLUM) AMENDMENT FBOM UNASSIGNED TO
CONSEHVATION (C) FOR PHOPEHTYLEGALLY DESCIUBED AS
GOVERNMIDNT LOT 2, AND LAND AT LANDINGS & MOORINGS OF
FISIIEBMAN'S COVE CONDO, SECTION 7, 'l'OWNSIUP 59 SOUTH, RANGE 4,1
EAST, OCEAN REEF, KEY LAHGO, MONROE COUNTY, FLOBIDA, lfA VING
REAL ESTATE NUMBER: 00081696.000000.
A BEQUEST BY '{'HE MONROE COUNTY PLANNING DEPABTMENT FOB A
LAND USE DISTBICT MAP AMENDMEN'I' FROM NATIVE AREA (NA) TO
CONSERVATION DISTRICT (CD) FOn. PROPERTY LEGALL Y DESCRIBED
AS GOVEHNMENT LOT 2, AND LAND AT LANDINGS & MOORINGS OF
FISIIERMAN'S COVE CONDO, SEC'I'ION 7, TOWNSHIP 59 SOUTH, BANGE H
EASI\ OCEAN REEI'\ KEY LAHG(),~10N HOE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER 00081696.000000.
IIECOMMENI) ATIONS
DRC:
PC:
May 23, 2006
June 28, 2006
BOCC THANSMITTAL HESOLUTION
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, A
REQUEST BY THE MONROE COUNTY PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO
DESIGNA TE THE SUBJECT PROPERTY AS
CONSERVATION (C) ON THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN. THE PROPERTY IS LEGALLY
DESCRIBED AS PART OF GOVERNMENT LOT 2, AND
LAND AT LANDINGS AND MOORINGS OF
FISHERMAN'S COVER CONDO, SECTION 7, TOWNSHIP
59S, RANGE 41E, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA. THE REAL ESTATE NUMBER IS
00081696.000000.
WHEREAS the Monroe County Board of County Commissioners makes the
following findings of fact:
1. The subject property currently does not have a Future Land Use Map
(FLUM) designation.
2. The Development Review Committee held a meeting on May 23, 2006
and recommended to the Planning Commission that they approve the proposed Future
Land Use Map designation for the subject property.
3. 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
designation for the subject property.
4. 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 for the property
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 of9]-1 1.006 of the Florida Administrative Code; and
Section 4. Thc 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
ry D, Sanders
Assistant ty Attorney
liP
I
DATE:
BOCC OHDINANCE TO AMEND
THE FlJTUHELAND USE DISTHICTMAP (FLUM)
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE FUTURE
LAND USE MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO INCLUDE THE DESIGNATION OF
CONSERVATION (C) FOR PROPERTY DESCRIBED AS PART OF
GOVERNMENT LOT 2, AND LAND AT LANDINGS & MOORINGS
OF FISHERMAN'S COVE CONDO, SECTION 7. TOWNSHIP 59
- -
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00081696.000000.
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) to
include the designation of Conservation (C) for property described as Part of Government
Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7,
Township 59 South, Range 41 East, Ocean Reet~ Key Largo, Monroe County, Florida,
having real estate number: 00081696.000000; 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
regular meetings held on May 23, 2006 conducted a review and consideration of these
same requests and recommended approval to the Planning Commission; and
WHEREAS, the Board of County Commissioners examined the staff report
prepared by Julianne Thomas, Planner on July 27,2006; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(ii.) Changed assumptions:
Ocean Reef Map 9 FLUM Amendment
Page] 01'3
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:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation. Staff is
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned au prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. 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.
8. 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), (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 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 O:F MONROE COUNTY, FLORIDA THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of
Imv stated above.
Ocean Reef Map 9 FLUM Amendment
Page 2 of3
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 atIected 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 et1ective until a notice is issued by the
Department of Community At1airs 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-ll.0 II 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 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 TrEST: DANNY L KOLHAGE. CLERK
-~-~~--~--~~~~-~~'
Ocean Reef Map 9 FLUM Amendment
Page 3 of3
EXHIBIT 1: FUTFHELAND USE MAPS
~
to C I
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
Proposal: Change Future Land Use Map Designation from
unassigned to Conservation (C)
Property Description: RE 00081696.000000
Map Amendment:
~
I'i.I
840
Feet
Land Use Di stri d Map #: 55
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
unassigned to Conservation (C)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
~
~~
CJV
~
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<0
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'0-0<(--
~G
~
~
to C 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
unassigned to Conservation (C)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
BOCC ORDINANCE TO AMEND
THE LAND USE DISTRICT MAP
ORDINANCE NO.:
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE LAND USE
DESIGNA'IION MAP FROM NATIVE AREA (NA) TO
CONSERVATION DISTRICT (CD) FOR PROPERTY DESCRIBED AS
PART OF GOVERNMENT LOT 2, AND LAND AT LANDINGS &
MOORINGS OF FISHERMAN'S COVE CONDO, SECTION 7,
TOWNSHIP 59 SOUTH, RANGE 41 EAST, OCEAN REEF, KEY
LARGO, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE
NUMBER: 00081696.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on August t 6, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the land use designation from Native
Area (NA) to Conservation District (CD) for property described as Part of Government
Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7,
Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 0008 I 696.000000; and
\VHEREAS, 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
regular meetings held on May 23, 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 follO\ving 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):
(H.) Changed assumptions:
Ocean Reef Map 9 LU Ordinance
Page I of3
ORC is a gated, private community committed to meeting the commercial and
communication needs of its residents on site. As such, areas identified tor
commercial development need to have the appropriate FLUM to allow
commercial development
(iii.)Data Errors:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation. StatT is
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.) Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identifIed.
7. 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.
8. The 2005 Public FaciIitjes 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), (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 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.
Ocean Reef Map 9 LU Ordinance
Page 2 of3
Section 2. The Land Use Designation Map of Monroe County shall be amended as
shown in on the attached map, hereby incorporated by reference and attached as Exhibit
2.
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 tiled 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.
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 Map 9 LU Ordinance
Page 3 of3
EXHIBIT 2: IjAND USE DESIGNATION MAPS
PR
NA
UR
NA
NA to CD
/
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key La rgo
Mile Marker: Ocean Reef Club
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
Property Description: RE 00081696.000000
Map Amendment:
~
I'i.I
510
Feet
Land Use Di stri d Map #: 55
Proposed Land Use Designation Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
~
~~
CJV
~
~
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(
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'0-0<(--
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~
IZ2I NA to CD I
Proposed Land Use Designation Map Amendment: Street Map
Key: Key La rgo
~
Mile Marker: Ocean Reef Club
I'i.I
Prop osal: Ch an ge La nd Use Map Desig natio n from
Native Area (NA) to Conservatio n District (CD)
510
Feet
Property Description: RE 00081696.000000
Map Amendment:
Land Use Di stri d Map #: 55
PLANNING COMMISSION RESOljUl'ION
PLANNING COMMISSION RESOLUTION NO.:
A RESOLUTION BY THE MONROE COUNTRY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND THE FUTURE
LAND USE MAP (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO INCLUDE THE DESIGNA nON OF
CONSERVATION (C) AND A LAND USE DESIGNATION CHANGE
FROM NATIVE AREA (NA) TO CONSERVATION DISTRICT (CD)
FOR PROPERTY DESCRIBED AS PART OF GOVERNMENT LOT 2,
AND LAND A T LANDINGS & MOORINGS OF FISHERMAN'S
COVE CONDO, SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41
EAST, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00081696.000000.
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) to include the
designation of Conservation (C) and change the land use designation from Native Area
(NA) to Conservation District (CD) for property described as Part of Government Lot 2,
and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7, Township 59
South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real
estate number: 00081696.000000; and
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on May 23, 2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM) to
include the designation of Conservation (C) and change the land use designation from
Native Area (NA) to Conservation District (CD) for property described as Part of
Government Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo,
Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County,
Florida, having real estate number: 00081696.000000; 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:
Ocean Reef Map 9 FLUM Amendment
Page] of3
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.
(iii.)Data Errors:
This island did not receive a FLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation. Staff is
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classification pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. 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.
8. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there arc no significant concerns.
WHEREAS, the Planning Commission made the following 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.
Ocean Reef Map 9 FLUM Amendment
Page 2 of3
3. Based on the Findings of Facts presented, the proposed future land use designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL
to the Monroe County Board of County Commissioners of the request filed by Monroe
County Planning to amend the Future Land Use Map (FLUM) to include the designation
of Conservation (C) and a land use designation change from Native Area (NA) to
Conservation District (CD) for property described as Part of Government Lot 2, and Land
at Landings & Moorings 0 fF isherman's Cove Condo, Section 7, Township 59 South,
Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having rea] estate
number: 00081696.000000.
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 9 FLUM Amendment
Page 3 of3
l)EVEI,OPMI,:NTHEVIEW COMMITTEE HESOLLJTION
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
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO INCLUDE THE DESIGNATION OF
CONSERV A TION (C) AND A LAND USE DESIGNATION CHANGE
FROM NATIVE AREA (NA) TO CONSERVATION DISTRICT (CD)
FOR PROPERTY DESCRIBED AS PART OF GOVERNMENT LOT 2,
AND LAND AT LANDINGS & MOORINGS OF FISHERMAN'S
COVE CONDO, SECTION 7, TOWNSHIP 59 SOUTH, RANGE 41
EAST, OCEAN REEF, KEY LARGO, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER: 00081696.000000.
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on May 23,2006 conducted a review and consideration of the
request filed by Monroe County Planning to amend the Future Land Use Map (FLUM) to
include the designation of Conservation (C) and change the land use designation from
Native Area (NA) to Conservation District (CD) for property described as Part of
Government Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo,
Section 7, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County,
Florida, having real estate number: 00081696.000000; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Julianne Thomas, planner on May 16, 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):
(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.
Ocean Reef Map 9 PLUM & LUD Amendment
Page I of3
(iii.)Data Errors:
This island did not receive a FLUM designation.
(iv.)New issues
Staffrcalized this island was not given a FLUM designation. Staffis
recommending the land use designation change to Conservation District to allow
for the FLUM of Conservation for this mangrove island.
(v.)Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This will both protect the land and
allow for appropriate development.
3. The subject property was zoned GU prior to 1986. This designation was for a general
use district with the purpose of establishing an interim land classi fication pending
action to rezone the property for another use.
4. The subject property was assigned zoning of Native Area in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
this small native island.
6. Section 9.5.511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. 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.
8. The 2005 Public Facilities Capacity Assessment Report and the listed progranls 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), (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 designation is
appropriate for this property and will allow the owners to make full use of the subject
property.
NO\V THEREFORE, BE IT RESOLVED 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 P Janning to anlcnd t he Future Land Use M ap (FLUM) to i nc1ude the
designation of Conservation (C) and a land use designation change from Native Area
(NA) to Conservation District (CD) for property described as Part of Government Lot 2,
and Land at Landings & Moorings of Fisherman's Cove Condo, Section 7, Township 59
Ocean Reef Map 9 FLUM & LUD Amendment
Page 2 of3
South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida, having real
estate number: 00081696.000000.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the 23rd day of May, 2006.
Heather Beckmann, Sr. Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Joe Haberman, 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 9 FLUM & LUD Amendment
Page 3 of3
STAFF REPOHT
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27, 2006
He: Request for Land Use Designation Change and Future land UscMap Amendment
MEETING DATE: August 16,2006
RE NUMBER: 00081696.000000
EXISTING FUTURE LAND USE MAP DESIGNATION:
PROPOSED FUTURE LAND USE MAP DESIGNATION:
EXISTING ZONING DESIGNATION:
PROPOSED ZONING DESIGNATION:
PROPERTY OWNER:
AGENT:
PROPERTY INFORMATION
Key: Key Largo
None
Conservation (C)
Native Axea (N A)
Conservation Dislriet (CD)
Landings of Fishennan's Cove
None
Mile Marker: Ocean Heef
Size of Parcel: 29,766.57 S.F. or 0.68 aeres
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Beef. The property is legally described as
part of Government Lot 2, and Land at Landings & Moorings of Fisherman's Cove Condo,
Section 7, Township 59 South, Range 41 East, Ocean Heel', Key Largo, Monroe County,
Florida, having real estate number: 00081696.000000
Existing Use:
There is no existing use. This is a mangrove hammock island with no habitation or
developmcnt.
Existing Habitat:
The property is undisturbed native mangrove hammock.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as native vegetation.
Neighboring Land Uses and Character:
The surrounding properties are a variety of uses. Some of the pan~els which line t he pond are
used for recreation. Others are used for high density condominium style housing.
ZONING AND LAND USE HISTORY
Pre - 1986 Zoning:
The subject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land elassification pending action to
rezone the property for another use.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Hegulations and land
use designations (Ordinance 33-1986 dated February 28, 1986), the subject property was reo
designate{J as Native Area (NA) hut was not given aFLUM designation.
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan proeess which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies hetween the existing Land Development Hegulations and the newly
formulated Comprehensive Plan and to apply FutureLandlJscMap (FLUM) designations
that were consistent with the land use district designations. The property was inadvertently
not given a FLUM designation.
Map changes or boundary considerations since 1986:
The land use designation for this pan~el is Native Area (NA). There was no FLUM.
designated and the consistent designation would he Hesidential Conservation (HC).
However, sinc{~ this is a mangrove island, the county hiologist and planning staff have
determined that a land use designation of Conservation District (CD) with aFLUM of
Conservation (C) is more appropriate for this island.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5*511 (d) (5) h.)
(i.)Changed projections:
None
(ii.) Changed assumptions:
None
(iii.) Data errors:
Parcel was not provided a FLU1\1 designation.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Ocean Reef that
had land use d(~signation changes. Upon review of the area, staff also discovered a few
small islands had not been given a FLUM designation. County staff determined this
island would be hest served with a land use designation of Conservation District (CD)
with a Fl.,UM of Conservation (C).
(v.) Recognition of a need for additional detail or comprebensiveness:
It is in the best interest of the County to provide FL lJM designations for aU pan~e18.
(vi. )
None
Data updates:
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR~s)
The property does not have a FLUM designation. The Land Use Designation provided is
NA.
Sec. 9.5~210. Purpose of the Native Area District (NA).
'I'he purpose of the NA district is to establish areas that are undisturhed with the exception
of existing solid waste facilities, and because of their sensitive environmental charaeter
should he preserved in their natural state.
2. Potential Land Uses with Proposed 111ap Amendment
Staff is requesting a land use designation of CD and a future land use map amendment to
provide a FLUM of C.
Sec. 9.5~225. Purpose of the Conservation District (CD).
The purpose of the conservation district is to provide an area acquired for conservation
purposes or subject to deed restrictions limiting the use of the property for conservation
purposes.
Policy 101.4.15
'rhe principal purpose of the Conservation land use category is to provide for publicly owned ,
lands held primarily for the preservation of natural and historic resources am] compatible
passive recreational uses. Puhlic uses consistent with the purpose of this category shaH be
allowed.
Compatibility with adjacent land uses and effects on community character:
Densit.r and Intensity
Adding this FLFM designation does not havt~ any effect on the compatihility with adjacent
land uses or change what uses this parcel can support.
Use Compatibility
The property is currently heing used for open space, and the correction of land use
designation and conferring of appropriate FLUM will have no effect on use compatihility-
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direet future
growth to lands which are intrinsically most suitahle for development and shall encourage
conservation and protection of environmentally sensitive lands. These are lands that need to
be protected under this goal, and correcting the land use designation and providing a FLUM
of C wiII further this goal.
Effects on Public Facilities: Objective 101.1l
Monroe County shaH implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities. The proposed FL UM amendment wiII not affect Objective 101.11.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16,2006
Local Traffic, Parking, and Traffic Circulation
Staff has no evidence that there will be any local traffie, parking or traffic circulation issues
created.
FINDINGS OF FACT AND CONCLUSIONS Of' LAW:
L Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinanee to enact map changes under six listed
eonditions.
2. In aecol'(jance with Section 9.5-511 (d) (5) (b):
(iii.) Data Errors:
This island did not receive aFLUM designation.
(iv.) New issues
Staff realized this island was not given a FLUM designation and have determined
that a land use designation of Conservation District (CD) and with a FLUM of
Conservation (C) suits this island.
(v.) Recognition of a need for additional detail or comprehensiveness:
All lands should have a FLUM. designation. This will both protect the land and allow
for appropriate development.
:t The suhjeet property was zoned GU prior to 1936. This designation was for a general use
district with the purpose of establishing an interim land classification pending action to
rezone the property for another use.
4.. The subject property was assigned zoning of Native Area in 1936.
;). The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, whieh
took effect on January 4, ] 996, neglected to provide a FLUlVt designation for this small
native island.
6. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
7. Objective 101.11 states that Monroe County shall en8un~ that at the time a development
permit is issued, adequate puhli(; facilities are available to serve the development at the
adopted level of service standards coneurrent with the impacts of sueh development.
3. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indieate that there are no significant eoncerns.
CONCLUSIONS OF LAW:
I. This map amendment meets criteria (iii), (iv), and (v) outlined in Section 9.5-511 of the
Monroe County Land Development Begulations.
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 laml use designation i8
appropriate for this properly and will allow the owners to make full use of the subjecl
property.
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
RECOMMENDATION:
Based OIl the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners to provide a Land Use Designation of Conservation
District (CD) and a Future Land Use Map designation ofConscrvation(C) for HE#
00031696.000000
Ocean Reef Map 9 FLUM & LUD Amendment
BOCC August 16, 2006
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