Item R09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Growth Managcment
Bulk Item: Y cs
No~
Department: Planning and Environmental Rcs.
Staff Contact Person: Tv Symroski
AGENDA ITEM WORDING:
MONROE COUNTY PLANNING DEPARTMENT is requesting a Future Land Use Map Amendment
from unassigned to Conservation (C) for property legally dcscribed as Angel Fish Keys, PB4-83, Part
Government Lot 1, Section 8, Township 59 South, Range 41 East and Part Government Lots 8, 9, and
10, Section 5. Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, Florida,
having real estate number: 00091510.000000.
MONROE COUNTY PLANNING DEPARTMENT is requesting a Land Use District Map amendment
from Improved Subdivision (IS) to Conservation District (CD) for property legally described as Angel
Fish Keys, PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 41 East and Part
Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate number: 00091510.000000.
(first of two public bearings)
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment. The Development Review Committee hcld 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 Junc 28, 2006 and recommended
approval of the amendment.
PREVIOUS RELEVANT BOCC ACTION: None
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
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management_~~cm~c
DIVISION DIRECTOR APPROVAl,:
.-r-..... }/
c J r
. ;py ~nroski
Y">00/
./7 / L. -c. V
,,--".~' c
DOCUMENT ATION:
Included X
Not Required~~ ~m_~
DISPOSITION:
AGENDA ITEM #
MONHOE COUNTY YEAH 2010
COMPHEIIENSrVE PLAN AMENDMENT
FUTURE I.AND USE MAP AMENDMEN'!' FHOM
UNASSIGNED TO CONSEHVATION (C)
AND
I,AND USE DISTHICT MAP AMENDMEN'r FHOM
IMPHOVED SUBDIVISION (IS) TO CONSERVATION DISTHICT (CD)
B()AHI) OF COLJN'I'Y COMMISSIONI~HS
KEYLAHGO
AUGLJSl' 16,2006
PHOPOSED FUTUHE I,ANI) USE MAP AMENDvlENT
UNASSIGNED TO CONSI':RVA1'ION (C)
AND
PHOPOSED I,AND USE DISTHIC1'MAP AMENDMENT
IMPBOVED SUBDIVISION (IS) '1'0 CONSEHVA'rION I)ISTBIC'I' (Cl))
A HEQUESl' BY 'I'IIEMONBOE COUNTY PLANNING I)EPAH'I'MEN'r FOB A
I'LJr'('u,'IYI'~ 'I' 1"1') '[>SI' 1\[' 11) '1'1' 'LJ'1\J' A'l'IY!V[')'I"I'N:')' 'I'I'-'() 'I' 'LJ'''-i AS'S"I'("'''''I'['') '('()
~ . . . .\, ,~J "../ /\ _~ " _ , ; k., ,.:.. .i.~. I\.,. ( . ~ ,....I ; l.~ _) },,\ h' _ _ ,"".,.l , '" it. _ _~.[.L '. . ~ . . \ . .LV. ' .!. ". I\..,-- 1" . _ :7 i' _ .~.f, _ __c
CONSEBVATION (C) FOH pHOPEHTY I,EGALLY DESCBIBED AS ANGI':L
FIS!I KEYS, PB4.8:t pAI1T GOVEHN,\fENT 1,0'1' 1, SECTION 8, TOWNSHIP 59
SOUTFI, RANGE IU EAs'r AND P AHT GOVERNMENT LOTS 8, 9, AND 10,
SECTION 5, 'rOWNSHIP 59 SOUTlI, BANGE 'll EAST, OCEAN BEEF, KEY
I,AHGO, MONBOE COUNTY, FI,OJUDA, IIAVING IlEAL ESTATE NUMBER
00091510.000000.
A HEQUESTBY TIlE MONHOE COUNTY PLANl\ING DEPAIrrMENT FOB A
I,AND USE I)IS'1'RICT MAP AMENDMEN'rFBOM IMpBOVED SUBDIVISION
(IS) TO CONSEBVATIO[\ DISTIller (CD)FOH PROPEHTYLEGALL Y
DESCBIBED AS ANGEL FISJI KEYS. PB4,-8:3.I)AH'1' GOVEHNMEN'r 1,0'1' 1.
, , ,
SEerJON B, TOWNSIIIP 59 SO 0'1'11 , HA NGE /1,1 EAST AND PAH'l'
GOVERNMENT LOTS B, 9, AND 10, SECTION 5, 'I'OWNSIIIP .59 SOUTH,
RANGE 4,1 EAST, OCEAN REEF, KEYLAHGO, MONHOE COUN'I'Y,
FLOHIDA, HAVING HEAL ESTATE NliMBEIl: 00091510.000000.
RECOMMENDATIONS
DIlC:
PC:
May 23, 2006
June 28, 2006
BOCC 'fHANSMIT'fAL HESOLLJTION
RESOl,UTION 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
ENVIRONMENT AL RESOURCES DEP ARTMENT TO
DESIGNATE THE SUBJECT PROPERTIES AS
CONSERVATION (C) ON THE FUTURE LAND USE MAP
(FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN. THE PROPERTIES ARE
LEGALLY DESCRIBED AS ANGEL FISH KEYS, PB4-83,
PART GOVERNMENT LOT 1, SECTION 8, TOWNSHIP
59S, RANGE 41E AND PART GOVERNMENT LOTS 8, 9,
AND 10, SECTION 5, TOWNSHIP 59S, RANGE 41E,
OCEAN REEF, KEY LARGO, MONROE COUNTY,
FLORIDA. THE REAL ESTATE NUMBER IS
00091510.000000.
WHEREAS the Monroe County Board of County Commissioners makes the
following findings of fact:
L The subject properties currently do 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 properties.
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 properties.
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 properties
described above.
NOW THEREFORE, BE IT RESOL VKD 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 0[91-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of August, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
(Seal)
Mayor Charles "Sonny" McCoy
ATTEST: DANNY 1. KOLHAGE, CLERK
Deputy Clerk
BOCC OHI)INANCE TO AMEND
TIlE FUTUHE LAND USE DISTIUC'fMAP (FLH.V1)
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 ANGEL
FISH KEYS, PB4-83, PART GOVERNMENT LOT I, SECTION 8,
TOWNSHIP 59 SOUTH, RANGE 41 EAST AND PART
GOVERNMENT LOTS 8, 9, AND 10, SECTION 5, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HA VING REAL ESTATE NUMBER:
0009 I 51 0.000000.
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 Angel Fish Keys,
PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 41 East and Part
Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef~ Key Largo, Monroe County, Florida, having real estate number: 0009 1510.000000;
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:
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.
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. A..s such, areas identified fl)r
Ocean Reef Map 10 FLU M Amendment
Page I on
commercial development need to have the appropriate FLUM to allow
commercial development.
(iii.)Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.)New issues
Staff realized these islands were not given a FLUM designation
(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 but incorrectly
ineluded in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took etfect on January 4, 1996, neglected to provide a FLUM designation for
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. Objective 101.11 states that Monroe County shaH 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.
9. 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 f()I1owing
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 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
COMlVlISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of
law stated above.
Ocean Reef Map 10 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 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 tor 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 t()r the proposed amendment in
accordance with the requirements of 9J- 1 1.011 of the Florida Administrative Code.
P ASSEO AND ADOPTEO 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)
ry D. Sanders
; ssista~ County Attorney
~
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Ocean Reef Map 10 FLUM Amendment
Page J of3
EXlfIBI'r 1: FUTUHE [,AND USE MAPS
RC
. .-------\
(~
RC
~
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)
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
~
I'i.I
840
Feet
Land Use District Map #: 51
Proposed Future Land Use Designation 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)
840
Feet
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
Land Use District Map #: 51
~~
~
OR
p..N C \--\ OR
~
to C I
Proposed Future Land Use Desi gnati on Map A mendment: 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)
840
Feet
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
Land Use District Map #: 51
BOCC ORDINANCE TO AMEND
THE LAND USE DISTRICT MAP
~
AN ORDINANCI: By THE MON1i.OE COUNTRY BOARD Op
COUNTY COMMISSIONERS APPROVING THE REQUEST FILED
BY MONROE COUNTY PLANNING TO AMEND HIE LAND USE
DESIGNATION MAP FROM IMPROVED SUBnlVISION (IS) TO
CONSERVATION DISTRICT (Cn) FOR PROPERTY DESCRIBEn AS
ANGEL FISH KEYS, PB4-83, PARI' GOVERNMENr LoT 1,
SECTION 8, TOWNSHIP 59 SOUTH, RANGE 41 EAsr ANn PART
GOVERNMENT LOTS 8, 9, AND 10, SECTION 5, TOWNSHIP 59
SOUTH, RANGE 41 EAS]; OCEAN REEF, KEy LARGO, MONROE
COUNTY, PLORIDA, HA VING REAL ESTATE ;"rUMBER:
_~lJ~10i!Q0200'____________
WIIEREAS, the Monroe COU11ty Board of COunty COmmiSSioners, dUring a
regular meeOng held On August 16, 2006 condUcted a review and Coosidel'ation of the
re')Uest liIed by Mouroe County Planning to amend the Land Use Designation Map fJ-om
Impmved SUbd,VISJon (IS) to Conservation District (CD) for Property described as Angel
hsh Keys, PB4-83, Part Govemmcm Lot I, Section 8, TOI'mship 59 South, Range 41
East and Part Go:'enmJent Lots 8, 9, and 10, Section 5, Township 59 South, Range 41
Eas~ Ocean Reei, Key i.argo, Monroe COUnty, FlOlida, ha"ing real estate 1ll1m"er:
00091510.000000; and
. WIIEREAS, tIle Monroe County Planning Commission, dnring a regUlar
meeOng held On lime 28, 2006 condUcted a review of these same requests and
reconunended appmval to the Board of C0l111ty COmmisSioners; and
"lIEREAS, the Monroe COunty Development Review Committee, dUring
regular meetmgs held on May 23, 2006 condl1<:ted a review and consideration of these
same requests and recommcnded apProval to the Planlling Conllni"ion; aud
WIIEREAS, the Board of COunty Commissioner:, eXamined tbe staff repOrt
prepared hy Juliarme Thomas, PIauner On JUly 27,2006; aud
WflERF;AS, the Board of Couuty CommiSSion",,, makes the iblIowing Finding"
of Fact:
l. Section 9.5-51 I (d)(S)h of the Monroe COlUlty Code (MCCj allows tlie Board of
COwlty COmmiSSioners '0 Consider adOPting all ordinance to enact map Cllanges
under six listed Conditions.
2, In aCcordance Wid, Section 9.5-511 (d) (5) (h):
(ii.) Changed assumptions:
ORC is a gated, private comn1Unity Committed to meeting the commercial and
eommuuication ueeds of its residents on site. As Such, areas identitied ti'r
Ocean Reef Map 10 LU Ord
Page 1 of3
commercial development need to have the appropriate FLUM to allow
commercial development.
(iii.)Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.)New issues
StatT realized these islands were not given a FLUM designation
(v.) Recognition ofa need for additional detail or comprehensiveness:
All lands should have a FLUM designation. This "vill 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 but incorrectly
included in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took etTect on January 4, 1996, neglected to provide a FLUM designation for
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. 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.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs tor
storm water and wastewater indicate that there are no significant concerns.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
L 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 land use designation is
appropriate tor this property and will allow the owners to make fllllllse 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.
Ocean Reef Map 10 LLJ Ord
Page 2 01'3
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 bv
.. ,
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.
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
{ DATE~
DEPUTY CLERK
Ocean Reef Map 10 LU Ord
Page 301'3
EXIIIBIT 2: LAND USE I)ESIGN ATIONMAPS
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IIZ2I's to CD I
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
Improved Subdivision (IS) to Conservation District (CD)
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
~
I'i.I
875
Feet
Land Use District Map #: 51
Proposed Land Use Designation Map Amendment: Aerial
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
Improved Subdivision (IS) to Conservation District (CD)
540
Feet
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
Land Use District Map #: 51
~~
~
OR
p..N C \--\ OR
IZ2IIS 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
Improved Subdivision (IS) to Conservation District (CD)
840
Feet
Prop erty De scriptio n: RE 000 9 1510.000000
Map Amendment:
Land Use District Map #: 51
PLANNING COMMISSION HESOI,lJTION
PI~ANNING 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 (FLUM) OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO INCLUDE THE DESIGNATION OF
CONSERVATION (C) AND A LAND USE DESIGNATION CHANGE
FROM IMPROVED SUBDIVISION (IS) TO CONSERV A TION
DISTRICT (CD) FOR PROPERTY DESCRIBED AS ANGEL FISH
KEYS, PB4-83, PART GOVERNMENT LOT 1, SECTION 8,
TOWNSHIP 59 SOUTH, RANGE 41 EAST AND PART
GOVERNMENT LOTS 8, 9, AND 10, SECTION 5, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF. KEY LARGO. MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
0009151 0.000000.
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) for property described as Angel Fish Keys, PB4-83, Part
Govemment Lot 1, Section 8, Township 59 South, Range 41 East and Part Government
Lots 8,9, and 10, Section 5. Township 59 South, Range 41 East, Ocean Reef. Key Largo,
Monroe County, Florida. having real estatc number: 00091510.000000; and
WHEREAS, the Monroe County Dcvclopment 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) for property described as Angel Fish Keys,
PB4-83, Part Government Lot I, Section 8, Township 59 South, Range 41 East and Part
Governmcnt Lots 8. 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef, Key Largo, Monroe County, Florida, having real estate number: 00091510.000000;
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:
Ocean Reef Map 10 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:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.)New issues
Staff realized these islands were not given a FLUM designation
(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 but incorrectly
included in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. 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
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identit1ed.
8. 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.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no signit1cant 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 9.5-51 ]
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.
Ocean Reef Map ] 0 FLUM Amendment
Page20f3
3. Based on the Findings of Facts presented, the proposed 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 Improved Subdivision (IS)
to Conservation District (CD) for property described as Angel Fish Keys, PB4-83, Part
Government Lot 1, Section 8, Township 59 South, Range 41 East and Part Government
Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean Reef, Key Largo,
Monroe County, Florida, having real estate number: 00091510.000000.
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 10 FLUM Amendment
Page 3 of3
DEVEI,OPMEN'r BEVIEW COMMIT'l'EE HESOI>UTI0[\
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 20 I 0
COMPREHENSIVE PLAN TO INCLUDE THE DESIGNA TlON OF
CONSERVATION (C) AND A LAND USE DESIGNATION CHANGE
FROM IMPROVED SUBDIVISION (IS) TO CONSERV ATlON
DISTRICT (CD) FOR PROPERTY DESCRIBED AS ANGEL FISH
KEYS, PB4-83, PART GOVERNMENT LOT 1, SECTION 8,
TOWNSHIP 59 SOUTH, RANGE 41 EAST AND PART
GOVERc~MENT LOTS 8, 9, AND 10, SECTION 5, TOWNSHIP 59
SOUTH, RANGE 41 EAST, OCEAN REEF, KEY LARGO, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00091510.000000.
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on May 23, 2006 conducted a review and consideration ofthe
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 Angel Fish Keys,
PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 41 East and Part
Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef, Key Largo, Monroe County, Florida, having real estate number: 00091510.000000;
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):
(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
commcrcial development need to have the appropriate FLUM to allow
commcrcial development.
Ocean Reef Map 10 FLUM & LUD Amendment
Page 1 of3
(iii.)Data Errors:
These islands were inadvertently included in an IS polygon instead of the CD
polygon in which they belong. They also did not receive a FLUM designation.
(iv.) New issues
Staff realized these islands were not given a FLUM designation
(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 but incorrectly
included in an Improved Subdivision (IS) polygon.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. The Future Land Use Map of the Monroe County Y car 2010 Comprehensive Plan,
which took effect on January 4, 1996, neglected to provide a FLUM designation for
these small native islands
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. 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.
9. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. This map amendment meets criteria (ii), (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 ofthe
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed 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 DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend
APPROVAL to the Monroe County Planning Commission of the request filed by
Monroe County Planning to amend t he Future Land Use Map (FLUM) to include the
designation of Conservation (C) and a land use designation change from Improved
Subdivision (IS) to Conservation District (CD) for property described as Angel Fish
Ocean Reef Map 10 FLUM & LUD Amendment
Page 2 aD
Keys, PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 41 East and
Part Government Lots 8, 9, and 10, Section 5, Township 59 South, Range 41 East, Ocean
Reef, Key Largo, Monroe County, Florida, having real estate number; 00091510.000000.
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, Sf. 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 10 FLUM & LUD Amendment
Page] of]
STAFF I1EPOHT
.:Memorandum
To: Board of County Commissioners
F'rom: Julianne Thomas, Planner
Alex Seore, Biologist
Date: July 27. 2006
11e: Request for Future Land Use Map and Land Use Map Designation Amendments
MEETING DATE: August 16,2006
RE NUMBER:
00091 Sf 0.000000
EXISTING .FUTURE LAND USE MAP DESIGNATION: NONE
PROPOSED FUTURE LAND USE MAP DESIGNATION: Conservation (C)
EXISTING ZONING DESIGNATION: Improved Suhdivision (IS)
PROPOSED ZONING DESIGNATION: Conservation District (CD)
PROPERTY OWNER: State of Florida
AGENT: None
PROPERTY INFORMATION
Key:
Key Largo
Mile Marker: Ocean Reef
Size ofParceh 3,986,75;1.56 S.l<'. or 91.5 acres~ I.S5 acres being changed
Location Detail & Brief Description:
The property is located on Key Largo in Oeean Reef. These are small uninhabitahle
mangrove islands northwest of Sunrise Cay. The property is legally deseribed as AngelFish
Keys, PB4-83, Part Government Lot 1, Section 8, Township 59 South, Range 4.1 East and
Part Government Lots 8,9, and 10, Section 5, Township S9 South, Hange ,n East, Ocean
Beef, Key Largo, Monroe County, Florida, having real estate numher: 000915JO.000000.
Existing Use:
The property is only used for conservation and open spaee purposes.
Existing Habitat:
The property is undisturbed native mangroves.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as native veget ation
Neighboring Land Uses and Character:
The property to the northwest is a native conservation area with a land use designation of
Native Area (NA). To the southwest are single family residences in Improved Suhdivision
(IS) land use designation.
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
ZONING AND LAND USE HISTORY
Pre - 1986 Zoning:
The subject property was zoned GU prior to 1936. This designation was for a general use
district with the purpo8{~ of establishing an interim land classification peIHJing action to
rezone the property for another use.
Considerations during 1986 comprehensive plan process:
During the 1936 revisions to the Monroe County Land Development Hegulations and land
use designations (Ordinance :n-19H6 dated February 23,1936). the subject property was
inadvertently included in the Improvcd Subdivision (IS) designation whieh covers the
nearby single family homes. These small islands 'Nere not given a FLUM.
Consideration during the 2010 comprehensive Illan 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 M.ap (FLUM) designations
that were consistent with the land use district designations. This property was not given a
FLUM and was incorrectly included in the IS land use designation polygon.
Map changes or boundary considerations since 1986:
These parcels lack a FLUM designation and are incorrectly identified with an IS land use
designation. These native mangrove islands arc a miniscule part of a larger native wildlife
preserve owned by Florida.
ANALYSIS AND RATIONAL }'OR CHANGE (Pursuant to Section 9.5.511 (d) (5) b.)
(i.) Changed projections:
None
(ii.) Changed assumptions:
None
(iii,) Data errors:
Staff believes that these islands were inadvertently included in the IS polygon intended
only for the nearby single family homes. The rest of this parcel- including these islands
- are owned hyFloritla and there is no reason staff ean diseern that these small islands
would have been given a different zoning or be used in a different way.
(iv.) New issues:
Staff became aware that the FLUM was not changed for several areas in Oeean Beef that
had zone changes. Staff realized these small islands were not given a FLUM designation
and seeks to rectify this error.
(v.) Recognition of a need for additional detail or compreheusiveness:
It is in the County's best interest for all paf(~els to have a FI,UM that is consistent with
the current land usc, particularly when the land is native mangrove hammock that
should he protected.
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
(vi.) Data updates:
None
I~fPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land development regulations (LDR's)
The islands currently do not have a FLUM designation. They were inadvertently ineludefl in
an IS polygon and staff seeks to reetify this data error.
Sec. 9.5-213. Purpose of the Improved Subdivision District (IS)
The purpose of the IS district is to aeemnmodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior
to the adoption of this chapter. For the purpose of this se(~tion, improved lots are those
which are served by a dedicated and accepted existing road of porous or nonporous material,
that have a Florida Keys Aqueduct Authority approved potable water supply, and that
have sufficient uplands to aeconnnodate the proposed use in accordance with the required
setbacks. This district is not intended to be used for new land use districts of this
classification within the (;ounty.
2. Potential Land Uses with Proposed lvlap Amendment
Staff is requesting to correct the map error which currently designates the islands as IS to
designate them as Conservation District (C) and provide the corresponding FLUM of
Conservation (C).
Sec. 9.5-225. Purpose of the Conservation District (CD).
The purpose of the conservation district is to provide an area acquired for cOIlservation
pm'poses or subject to deed restrictions limiting the use of the property for conservation purposes.
Policy 101.4.15
The principal purpose of the Conservation land use category is to provide for puhlidy owned
lands held primarily for the preservation of natural and histori(; resources and eom patibJc
passive reenlational uses. Publie uses (;onsistent with the purpose of this eategory shall be
allowed.
Compatibility with adjacent land uses and effects on community character:
Density and Inlensi~'Y
Although on paper, correcting the error from IS to CD looks like a reduetion is allowable
uses, realistieally, it is not. These are small islands which are not usable for building or
permanent structures and need to he preserved as natural open space.
Ocean RecfMap 10 LUD & FLUM Amendment
BOCC August 16,2006
Use Compatibility
The property is currently being used for open space, and the correction of land use
designation and conferring of appropriate FLUM will have no effect on use compatibility.
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 suitahlc for development and shall encourage
conservation and protection of environmentally sensitive lands. These are lands that need to
be protecte<l under this goal, and correcting the land use designation and providing a FLFM
of C will further 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 publi(~ facilities. The proposed FLUM and Land Use IJistrictMap amendments will
not affect Objective 101. 1 I.
Local Traffic, Parking, and Traffic Circulation
Staff has no evidence that there will be any local traffic, parking or traffic eirculation issues
created.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
L Section 9.5.511 (d)(5)b of the Monroe County Code (J\lCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map ehanges under six listed
eonditions.
2. In accordanee with Section 9.5.511 (d) (5) (b):
(iii) Data Errors:
These islands were inadvertently ineluded in an IS polygon instead of the CD polygon
in which they belong. They also did not receive a FLUM designation.
(iv.) New issues
Staff realized these islands were not given a FLUiVl designation
(v.) Recognition of a need for additional detail or comprehensiveness:
All lands should have a FL U1\" designation. This will hoth protect the land and allow
for appropriate development.
3. The suhject property was zoned GU prior to 1986. This designation was for a general use
district with the purpose of establishing an interim land dassification pending action to
rezone the property for another use.
4.. The subject property was assigned zoning of Native Area (NA) in 1986 hut incorrectly
included in an Improved Subdivision (IS) polygon in 1996.
5. The appropriate Land Use Designation for these islands is Conservation District (CD)
and the appropriate Future Land Use Map designation should be Conservation (C).
6. 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 these small
native islands
Ocean Reef Map 10 LUD & PLUM Amendment
BOCC August 16, 2006
7. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
8. Objective 101.11 states that Monroe County shall ensun~ 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.
9. The 2005 Public Facilities Capacity AssessmcntReport and the listed programs for
stormwater and wastewater indi(;ate that there are no significant coneerns.
CONCLUSIONS OF LAW:
1. This map amendment meets criteria (iii), (iv). and (v) outlined in Section 9.5-,511 of the
Monroe County Land Development B.egulations.
2. This map amendment win 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 land use designation is
appropriate for this property and will allow the owners to make full use of the suhjeet
property.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners to correct the Land Use Designation from Improved
Suhdivision (IS) to Conservation District (CD) and provide Future Land Use Map
designation of Conservation(C) for RE# 0009J510.000000
Ocean Reef Map 10 LUD & FLUM Amendment
BOCC August 16, 2006
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