Item R11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Au~mst 16, 2006
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Ty Symroski
AGENDA ITEM 'WORDING:
MONROE COUNTY PLANNING DEPARTMENT is requesting a Land Use District Map
Amendment from Sparsely Settled (SS) to Suburban Commercial (SC) for property legally described as
Ocean Reef Plat # 1, PB4-90, Key Largo, Monroe County, Florida, having Real Estate Number;
00569510.000000.
(first of one public bearing)
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: None
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH Year
APPROVED BY: County Atty X
OMB/Purchasing _
Risk Management ~
DIVISION DIRECTOR APPROVAL:
~7 f /
/ ...
/7YSymroski
~j;'
'7/.4 . ~
,f:/~ 2w 6
/
DOCUMENTATION:
Included X
Not Required _ _
DISPOSITION:
AGENDA ITEM #
MONROE COUN'rY
LAND USE DISTRICT MAP AMENDMENT FROM
CC'}) "I>SI'IY~ S'("I"('(IC'IC) .5'5' 'f'() S'U~lyurIYIC) N. T ('(.).~.I'I..IC.'.I>(YI. } .c'('
;:,.!\.._ \"-.,'~.,,)., >c..,~",.,...i.!.J., ('0.\..)" ~_ ;,l l_:~_.)j\_J _.t_1Vll_~..!_l,~_j\_-1(~.t)
BOARD OF COUNTY COIvlMISSIONEBS
KEYLAH.GO
AUGUST 16, 2006
PHOPOSEDLAND USE DISTHICTMAP AMENDMENI'
SPAHSELY SETrLED (SS) TO SUBUHBAN COMMERCIAL
AHEQUEST BY TIlE MONHOE COUNTY PLANNING l)EPAHTMENfrFOH A
LAND USE I)ISTRICT MAP AMENDMENT FUOM SPAHSELY SETTLED (SS)
TO SUBUHBAN COMMEHCIAL (SC) FOn PHOPEH'I'Y LEGALLY DESCHIBED
AS OCEANHEEF PLAT #1, PB4-90, Kl'~YLAnGO,MONROE COUNTY,
FLORIDA, 1IA VING REAl, ESTATE NUMBER: 00569510.000000.
HECOMMENI>ATIONS
DRC:
PC:
April II, 2006
June 28, 2006
BOCCOHDINANCE TO AMEND
'rUE
LAND USE DESIGNATION 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 nON MAP (ZONING) FROM SP ARSEL Y SETTLED (SS)
TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY DESCRIBED
AS PART OF OCEAN REEF PLAT #1, PB4-90, KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
00569510.000000
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 land use designation map from
Sparsely Settled (SS) to Sub Urban Commercial (SC) for property described as Pat1 of
Ocean Reef Plat #1, PB4~90, Key Largo, Monroe County, Florida, having real estate
number: 00569510.000000; 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 April II, 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. As such, areas identified for
commercial development need to have the appropriate land use designation to
allow commercial development and use.
(iv.) New issues
Ocean Reef Map 12 LV Amendment
Page 1 aD
Current use is not consistent with the existing land use designation or the FLUM.
Changing the land use designation from SS to SC will recognize the existing uses
and remove the inconsistency with the FLUM.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff discovered an inconsistency between the current land use designation and
the FLUM. Research showed that the FLUM was correct and the current land use
designation does not reflect current or projected use for this parcel.
3. The subject property was zoned BU-2, Medium Business District prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial (MC) for the SS
parcel.
6. The appropriate Land Use Designation for this parcel given its use and FLUM
designation is Sub Urban Commercial (SC).
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 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 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.
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
l.
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.
Ocean Reef Map 12 LU Amendment
Page 2 of3
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 Tern, 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 12 LV Amendment
Page 3 of3
EXIHBIT 1: LAND USE DESIGNATION MAPS
\
l
I
I
t
"\ / <)~
.---------/'""". l <
/ -------: / / ~<::)
/-- . I / ~ . .
/ j / ~^:0'^,' '"
// U R // 0~ // ". . '>
l . . 1oQ:-/~/ .". /
L - -----. .;:!f / ' / . /
----(j /" '.
P R #/ \\U'R, --'
/" /' / ,,/ l
// I / 1
/ I ( \ ^'
'15C '___J___
. '/~-~l L--1 ~ -----_ 1
------;
1
1
1
/
!
"/ d
;~~
\
15
15
/
/
(
1
1
1----_1
~
..........
~
..........
~
~
1
1
(
\.--.
,,------------.....
~--
55
NA
SS to SC
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly descirbed as:
~
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
Spa rse Iy Settle d (SS) to Su burban Co mmercia I (SC)
840
Feet
Property Description: RE 00569510.000000
Map Amendment:
Land Use Di stri d Map #: 56
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
Spa rse Iy Settle d (SS) to Su burban Co mmercia I (SC)
450
Feet
Property Description: RE 00569510.000000
Map Amendment:
Land Use Di stri d Map #: 56
<:) <<:-
0<<-
(;...>.:-
~
Q<<-
~0
y~
{j
QQ:-
Q-- <J'<-
~O :?""
~U ~~
~ ~t;t
EXUMA RD
SS to SC 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
Spa rse Iy Settle d (SS) to Su burban Co mmercia I (SC)
840
Feet
Property Description: RE 00569510.000000
Map Amendment:
Land Use Di stri d Map #: 56
PLANNING COM1\lISSION HESOI,UTION
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 LAND USE
DESIGNA TION MAP (ZONING) FROM SP ARSEL Y SETTLED (SS)
TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY DESCRIBED
AS PART OF OCEAN REEF PLAT #1, PB4-90, KEY LARGO,
MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER:
005695 1 0.000000
WHEREAS, the Monroe County Planning Commission, during a regular meeting
held on June 28, 2006 conducted a review and consideration ofthe request filed by
Monroe County Planning to amend the land use designation map from Sparsely Settled
(SS) to Sub Urban Commercial (SC) for property described as Part of Ocean Reef Plat
#1, PB4-90, Key Largo, Monroe County, Florida, having real estate number;
00569510.000000; 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 land use designation map from
Sparsely Settled (SS) to Sub Urban Commercial (SC) for property described as Part of
Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having real estate
number: 00569510.000000 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:
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 land use designation to
allow commercial development and use.
(iv.) New issues
Ocean Reef Map 12 LU Amendment
Page 1 of3
Current use is not consistent with the existing land use designation or the FLUM.
Changing the land use designation from SS to SC will recognize the existing uses
and remove the inconsistency with the FLUM.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff discovered an inconsistency between the current land use designation and
the FLUM. Research showed that the FLUM was correct and the current land use
designation does not reflect current or projected use for this parcel.
3. The subject property was zoned BU-2, Medium Business District prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial (MC) for the SS
parcel.
6. The appropriate Land Use Designation for this parcel given its use and FLUM
designation is Sub Urban Commercial (SC).
7. Section 9.5-511 prohibi ts any map amendments that would negatively impaet
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 Planning Commission made the following Conclusions of
Law:
1. This map amendment meets criteria (ii), (iv), and (v) outlined in Section 9.5~511 of
the Monroe County Land Development Regulations.
2. This map amendment will not result in a negative impact or alter the character of the
properties or the immediate vicinity.
3. Based on the Findings of Facts presented, the proposed 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 RESOL VED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL
to the Monroe County Board of County Commissioners of the request filed by Monroe
County Planning to amend the land use designation map from Sparsely Settled (SS) to
Sub Urban Commercial (SC) for property described as Part of Ocean Reef Plat # 1, PB4-
90, Key Largo, Monroe County, Florida, having real estate number; 00569510.000000.
Ocean Reef Map 7 FLUM Amendment
Page 2 of3
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
lames D. Cameron, Chair
Signed this
day of
,2006
Ocean Reef Map 7 FLUM Amendment
Page 3 of3
DEVELOPl\IENT HEVIEW COMMITTEE HESOLUTION
DEVELOPMENT REVIEW COMMITTEE
A RESOLUTION BY THE MONROE COlTNTRY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY MONROE
COUNTY PLANNING TO AMEND THE LAND USE DESIGNATION
MAP (ZONING) FROM SP ARSEL Y SETTLED (SS) TO SUB URBAN
COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS PART OF
OCEAN REEF PLAT #1, PB4~90, KEY LARGO, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER: 00569510.000000
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 land use designation map from
Sparsely Settled (SS) to Sub Urban Commercial (SC) for property described as Part of
Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having real estate
number: 00569510.000000; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Julianne Thomas, planner on March 31, 2006; and
WHEREAS, the Development Review Committee made the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. Tn 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 land use designation to
allow commercial development and use.
(iv.) New issues
Current use is not consistent with the existing land use designation or the FLUM.
Changing the land use designation from SS to SC will recognize the existing uses
and remove the inconsistency with the FLUM.
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff discovered an inconsistency between the current land use designation and
the FLUM. Research showed that the FLUM was correct and the current land use
designation does not reflect current or projected use for this parcel.
Ocean Reef Map 12 UJD Amendment
Page 1 of3
3, The subject property was zoned BU-2, Medium Business District prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commereial (MC) for the SS
parcel.
6. The appropriate Land Use Designation for this parcel given its use and FLUM
designation is Sub Urban Commercial (SC).
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), (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 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 land use designation map from Sparsely Settled
(SS) to Sub Urban Commercial (SC) for property described as Part of Ocean Reef Plat
#1, PB4-90, Key Largo, Monroe County, Florida, having real estate number:
00569510.000000.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County at a regular meeting held on the II th day of April, 2006.
Heather Beckmann, Sf. Planner YES
Ralph Gouldy, Sf. Administrator of Environmental Resources YES
Clarence Feagin, Sf. Planner YES
Julianne Thomas, Planner YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Ocean Reef Map t 2 LUD Amendment
Page 2 of3
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 12 LUD Amendment
Page 3 of3
STAFF HEPOn'r
Memorandum
To: Board of County Commissioners
From: Julianne Thomas, Planner
Alex Score, Biologist
Date: July 27,2006
Re: Request for Land Use District Map Amendment
MEETING DATE: August 16,2006
RE NUMBER: 00569510.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: Mixed Use Commercial (MC)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Mixed Use Commercial (MC)
EXISTING ZONING DESIGNATION: Sparsely Settled (SS)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY OWNER: Ocean Reef Acquisition Corp.
AGENT:
PROPERTY INFORMATION
None.
Key:
Size of Parcel:
Key Largo Mile Marker: Ocean Reef
227,877.45 S.F. or 5.23 acres
Location Detail & Brief Description:
The property is located on Key Largo in Ocean Reef. The property is legally described as Part of
Ocean Reef Plat #1, PB4-90, Key Largo, Monroe County, Florida, having real estate number:
00569510.000000.
Existing Use:
The property is currently occupied by a variety of commercial and recreational uses. There are
several swimming pools, beach chairs, sandy beaches and restaurants.
Existing Habitat:
The property is disturbed with both native and exotic landscaping.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as Utilities.
Neighboring Land Uses and Character:
The adjacent properties are used for commercial uses, specifically for resort housing to utilize
the recreation facilities found on Buccaneer Point.
ZONING AND LAND USE HISTORY
Pre -1986 Zoning:
The subject property was zoned BU-2, Medium Business District prior to 1986. This district was
intended to provide areas suitably situated for centers of commercial activity, area retail sales,
Ocean Reef Map 12 LU Amendment
BOCC, August 16, 2006
commercial acttvIty, area retail sales, sale of fuels, mechanical servIces, wholesaling,
warehousing, and storage.
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-1986 dated February 28, 1986), the subject property was re-
designated as Sparsely Settled (SS) with a FLUM of Mixed Use Commercial (MC).
Consideration during the 2010 comprehensive plan Process:
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly formulated
Comprehensive Plan and to apply Future Land Use Map (FLUM) designations that were
consistent with the land use district designations. The property, however, was given a FLUM
designation of Mixed Use Commercial (MC) which is inconsistent with original Sparsely Settled
(88) land use district designation.
Map changes or boundary considerations since 1986:
This parcel has been developed and used for commercial and recreation purposes. The parcel is
fully developed for these uses, and staff is seeking this change to make the zoning consistent
with the FLUM designation.
ANALYSIS AND RATIONAL FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(i.) Changed projections:
None.
(ii.) Changed assumptions:
Ocean Reef Club (ORC) is a gated community and private club that limits access to the
community by non-residents and non-members. The community is a de facto municipality
providing its own sewer, garbage, police, fire protection and medical services. ORC is
isolated, 12 miles from Key Largo and 30 minutes from Florida City and Homestead.
The original change in zoning was granted in part based on much of the vacant land along
CR-905 being turned into a wildlife refuge. Staff believed that the environmentally sensitive
nature of the lands could be protected by reducing the number of trips on CR-905. One way
to reduce the number of trips is to provide for more services on site. The only way to provide
more services on site is to create more areas which will allow for commercial development
ORC provides amenities to its residents in the form of commercial retail services, offices,
restaurants, offices, schools, and recreation opportunities.
(iii.) Data errors:
None.
(iv.) New issues:
Staff became aware that the current land use designation of SS was not consistent with
the future land use of Me. Staff researched and discovered that commercial and
recreation activities already covered this parcel and determined that the land use
designation should correspond with the use as well as the FLUM designation.
(v.)Recognition of a need for additional detail or comprehensiveness:
Ocean Reef Map 12 LU Amendment
BOCC, August 16, 2006
The current zoning of SS does not properly reflect the uses which occupy the parcel. In
order for these uses to continue post substantial damage, the FLUM needs to be changed
to be consistent with this zoning.
(vi.)Data updates:
None.
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Currellt Land developmellt rellu!atiolls (LDR's)
The property has a current FLUM designation of Mixed Use Commercial (MC) which IS
inconsistent with the SS land use district map designation.
Sec. 9.5-209. Purpose of the Sparsely Settled Residential District (SS)
The purpose of the SS district is to establish areas of low-density residential development where
the predominant character is native or open space lands.
This designation is inconsistent with current and projected use. Current and projected use is
recreation and commercial. This parcel is already fully developed with no native vegetation but
rather with native landscaping.
1. Potential Land Uses with Proposed Map Amendment
Staff is requesting a land use designation map amendment from Sparsely Settled (SS) to Sub
Urban Commercial (SC).
Sec.9.5-206. Purpose of the Sub Urban Commercial District (SC).
The purpose of the SC district is to establish areas for commercial uses designed and intended
primarily to serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential areas without
use of U.S. 1.
This is the appropriate designation for this parcel to support the recreation and commercial uses
which currently exist.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
Changing the Land Use Designation from SS to SC will not cause further development as the
parcel is already fully developed. Rather, c hanging the Land U se Designation will allow the
current non-conforming use to become conforming and remove the inconsistency with the
FLUM.
Allocated and Max Net Densitv Permitted Per Acre
S arsely Settled
Allocated Density
0.5
Max Net Density
0.0
Sub Urban Commercial
Allocated Density I Max Net Density
3.0 115.0
Ocean Reef Map 12 LU Amendment
BOCC, August 16, 2006
The maximum non-residential square footage permitted is as follows, the ultimate square footage
allowed is dependant on compliance with all Monroe County Code requirements:
Commerciallvfaximum Floor Area Ratio Permitted
Sparsely Settled
MFAR OSR
Beekeeping
*Community Pool
*Park
*Public Building 0.20 0.20
*Minor Conditional Use
per 995-267
Sub Urban Commercial
MFAR OSR
Recreational 0.10 0.2
Commercial High Intensity 0.15 0.2
Commercial Medium Intensity 0.25 0.2
Light industry, Institutional 0.30 0.2
Public Buildings 0.30 0.2
Commercial Low Intensity 0.35 0.2
Office 0.40 0.2
Use Compatibility
This property is currently being used for recreation and commercial purposes. It is completely
developed with no natural areas remaining. There are several swimming pools, white sand
beaches, beach chairs and tiki huts serving drinks and snacks. The use is currently Sub Urban
Commercial, and this change is simply going to recognize the current use and eliminate the
incompatibility with the existing FLUM.
Effects on Natural Resources Goal 102
Goal 102 of the Year 20 10 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 parcel is already fully developed and has no 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.
The proposed FLUM and Land Use District Map amendments will not affect Objective 101.11
and will encourage commercial development to remain on disturbed lands rather than
encroaching on 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 if this amendment is approved and enacted.
Ocean Reef Map 12 LU Amendment
BOCC, August 16,2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b 0 f the Monroe County Code (MCC) a Bows the Board 0 f 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 land use designation to allow commercial
development and use.
(iv.)New issues
Current use is not consistent with the eXlstmg land use designation or the FLUM.
Changing the land use designation from SS to SC will recognize the existing uses and
remove the inconsistencv with the FLUM.
"
(v.)Recognition of a need for additional detail or comprehensiveness:
Staff discovered an inconsistency between the current land use designation and the
FLUM. Research showed that the FLUM was correct and the current land use
designation does not reflect current or projected use for this parcel.
3. The subject property was zoned BU-2, Medium Business District prior to 1986.
4. The subject property was assigned zoning of Sparsely Settled (SS) in 1986.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which
took effect on January 4, 1996, followed the land use district boundary and designated a
future land use category of Mixed Use Commercial (MC) for the SS parcel.
6. The appropriate Land Use Designation for this parcel given its use and FLUM designation is
Sub Urban Commercial (SC).
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.
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 land use designation is appropriate
for this property and will allow the owners to make full use of the subject property.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, staff recommends APPROVAL
to the Board of County Commissioners for the proposed Land Use Designation Map amendment
from Sparsely Settled (SS) to Sub Urban Commercial (SC) for RE# 00569510.000000.
Ocean Reef Map 12 LV Amendment
BOCC, August 16, 2006
~
o
i::t
~
o
m
n
o
:;::
;:I
4
>-0
ii.l
;:I
;:I
~'
t:1
m
'U
'"
:+
s
m
;:I
rt
"1j
II)
~
II)
IT
5
;::;
S
w
8
0\
ii.l
::I
p...
~
'"
<1'
S
'"
'"Cl
P.-
m
'"
~.
::I
'"
,-r
o
::I
u;-
::I
o
rt
('1
::r-
'"
J5
5
~
E~
rt
o =it