Item Q3 Q3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q3
2023-1606
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Jay Berenzweig
AGENDA ITEM WORDING:
An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County
Land Use District (Zoning) Map to apply the Ocean Reef Overlay District for properties located at
approximately 100 Anchor Drive, 30 Ocean Reef Drive, 90 Andros Road, 101 Andros Road, Beach
Road, Ocean Reef Drive, 301 Ocean Reef Drive, 650 Beach Road, 314 Anchor Drive, 1 Dockside
Lane, 31 Ocean Reef Drive, 2 Dockside Drive, 395 S. Harbor Drive, 100 Country Club Road, 120
Nirvana Lane, 100 Nirvana Lane, Torchwood Lane, 212 Anchor Drive and 314 Anchor Drive, Key
Largo, Monroe County, Florida, currently having property identification numbers 00572797-003600,
00572795-001000, 00570460-000000, 00570450-000000, 00569510-000000, 00569500-000000,
00569480-000000, 00569490-000000, 00569470-000000, 00569480-000000, 00569482-000000,
00081780-000300, 00081760-000100, 00081760-000000, 00081880-000100, 00081760-000200,
00081740-000500, 00081720-000000, 00081710-000000 and 00572797-003800; as proposed by
Smith/Hawks PL on behalf of Ocean Reef Club, Inc.,Yachtsman Inn Land, LLC, OR Business Center,
LLC and Gulf Manor IA Condominium.
ITEM BACKGROUND:
On June 8, 2020, the Planning and Environmental Resources Department received an application from
Bart Smith of Smith/Hawks PL(the "Agent") on behalf of Ocean Reef Club, Inc.,Yachtsman Inn Land,
LLC, OR Business Center, LLC, and Golf Manor IA Condominium (the "Applicants") to amend the
Official Land Use District (Zoning) Map. A revised application was submitted on October 19, 2021.
***SEE ATTACHED STAFF REPORT FOR DETAILS
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2023, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the corresponding Comprehensive Plan text amendment, and adopted BOCC Resolution
No. 231-2023 transmitting the proposed amendment to the state land planning agency for review and
comment.
5325
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
The Monroe County Planning and Environmental Resources Department's professional staff
recommend approval of the proposed zoning amendment contingent upon the adoption of the
companion Comprehensive Plan and LDC Text Amendments establishing the Ocean Reef Overlay
District.
DOCUMENTATION:
2020-088—LUD—Ordinance.pdf
2020-088 B
— OCC—SR-10.18.23.docx
FINANCIAL IMPACT:
N/A
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2
/ iiIN
414
�}
6
7
8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. -2023
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
14 DISTRICT (ZONING) MAP TO APPLY THE OCEAN REEF OVERLAY
15 DISTRICT FOR PROPERTIES LOCATED AT APPROXIMATELY 100
16 ANCHOR DRIVE, 30 OCEAN REEF DRIVE, 90 ANDROS ROAD, 101
17 ANDROS ROAD, BEACH ROAD, OCEAN REEF DRIVE, 301 OCEAN
18 REEF DRIVE, 650 BEACH ROAD, 314 ANCHOR DRIVE, 1 DOCKSIDE
19 LANE, 31 OCEAN REEF DRIVE, 2 DOCKSIDE DRIVE, 395 S. HARBOR
20 DRIVE, 100 COUNTRY CLUB ROAD, 120 NIRVANA LANE, 100
21 NIRVANA LANE, TORCHWOOD LANE, 212 ANCHOR DRIVE AND 314
22 ANCHOR DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA,
23 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBERS
24 00572797-0036001 00572795-0010001 00570460-0000001 00570450-0000001
25 00569510-0000001 00569500-0000001 00569480-0000001 00569490-0000001
26 00569470-0000001 00569480-0000001 00569482-0000001 00081780-0003001
27 00081760-0001001 00081760-0000001 00081880-0001001 00081760-0002001
28 00081740-000500, 00081720-000000, 00081710-000000 AND 00572797-003800;
29 AS PROPOSED BY SMITH/HAWKS PL, ON BEHALF OF APPLICANTS
30 OCEAN REEF CLUB, INC., YACHTSMAN INN LAND, LLC, OR
31 BUSINESS CENTER, LLC, AND GULF MANOR IA CONDOMINIUM;
32 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
33 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
35 STATE; PROVIDING FOR AMENDMENT TO THE LAND USE
36 DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
�9
39 WHEREAS, on June 8, 2020, the Monroe Planning and Environmental Resources
40 Department ("Department") received an application from Smith/Hawks, PL (the "Agent") on
41 behalf of Ocean Reef Club, Inc., Yachtsman Inn Land, LLC, OR Business Center, LLC and Golf
42 Manor IA Condominium (cumulatively, the "Applicant")to amend the Official Land Use District
43 (Zoning)Map; and
44
45 WHEREAS, a revised application was received on or about October 19, 2021; and
46
47 WHEREAS, the proposed amendment would apply the boundaries of a new overlay
48 district, the Ocean Reef Overlay District; and
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5327
I WHEREAS,the Ocean Reef Club, Inc., and the Ocean Reef Community Association have
2 also requested corresponding Text Amendments to the Monroe County Comprehensive Plan
3 ("Comprehensive Plan") and the Monroe County Land Development Code ("Land Development
4 Code" or"LDC")to establish the Ocean Reef Overlay District to modify regulations within Ocean
5 Reef to allow for greater internal control over development with Ocean Reef as it relates to
6 setbacks, nonconforming uses, nonconforming structures, and development standardsi; and
7
8 WHEREAS, in accordance with LDC Section 102-159(a), the Applicant held community
9 meetings regarding the proposed amendments on March 31, 2022, and February 27, 2023; and
10
11 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
12 the proposed amendments at a regularly scheduled meeting held on March 22, 2022; and
13
14 WHEREAS, at a regularly scheduled meeting held on April 26, 2023,the Monroe County
15 Planning Commission ("Planning Commission") held a public hearing for the purpose of
16 considering the proposed amendment to the Land Use District (Zoning) Map and provided for
17 public comment; and
18
19 WHEREAS, the Planning Commission adopted Resolution No. P13-23 recommending
20 approval of the proposed Land Use District(Zoning) Map amendment; and
21
22 WHEREAS, at a regularly scheduled meeting held on the 18th day of October, 2023, the
23 Monroe County Board of County Commissioners held a public hearing, considered the
24 Department's professional staff report and professional staff presentation, and provided for public
25 comment and public participation in accordance with the requirements of state and local law and
26 the procedures adopted for public participation in the planning process; and
27
28 WHEREAS, based upon the documentation submitted and information provided in the
29 Department's accompanying professional staff report and professional staff presentation, the
30 BOCC hereby makes the following findings of fact and conclusions of law:
31
32 1. The proposed Land Use District ("LUD") amendment is not anticipated to adversely
33 impact the community character of the surrounding area;
34 2. The proposed LUD amendment is not anticipated to adversely impact the
35 Comprehensive Plan adopted Level of Service ("LOS");
36 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies
37 of the Monroe County Year 2030 Comprehensive Plan;
38 4. The proposed LUD amendment is consistent with the Principles for Guiding
39 Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes; and
40 5. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida
41 Statutes.
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Monroe County Planning and Environmental Resources Department File Nos.2019-142 and 2019-025.
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I Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
2 conclusions of law, and exhaustive statements of legislative purpose and legislative intent are true
3 and correct and are hereby incorporated as if fully stated herein.
4
5 Section 2. The Monroe County Land Use District(Zoning) map is hereby amended as
6 follows:
7
8 Amending the Monroe County Land Use District(zoning) map to apply the Ocean
9 Reef Overlay District for properties located at approximately 100 Anchor Drive, 30
10 Ocean Reef Drive, 90 Andros Road, 101 Andros Road, Beach Road, Ocean Reef
11 Drive, 301 Ocean Reef Drive, 650 Beach Road, 314 Anchor Drive, 1 Dockside
12 Lane, 31 Ocean Reef Drive, 2 Dockside Drive, 395 S. Harbor Drive, 100 Country
13 Club Road, 120 Nirvana Lane, 100 Nirvana Lane, Torchwood Lane, 212 Anchor
14 Drive and 314 Anchor Drive,Key Largo,Monroe County,Florida, currently having
15 Property Identification Nos. 00572797-003600, 00572795-001000, 00570460-
16 000000, 00570450-000000, 00569510-000000, 00569500-000000, 00569480-
17 000000, 00569490-000000, 00569470-000000, 00569480-000000, 00569482-
18 000000, 00081780-000300, 00081760-000100, 00081760-000000, 00081880-
19 000100, 00081760-000200, 00081740-000500, 00081720-000000, 00081710-
20 000000 and 00572797-003800.
21
22 Section 3. Construction and Interpretation. This Ordinance and its interpretation shall
23 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
24 County and such construction and interpretation shall be entitled to great weight in adversarial
25 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
26 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
27 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
28 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
29 enforced in favor of the Board of County Commissioners of Monroe County ("BOCC") to
30 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
31 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
32 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
33 appeal.
34
35 Section 4. Non-Reliance by Third-Parties. No person(s) or entity(ies) shall be entitled to
36 enforce any third-party claim(s) or entitlement(s) to or benefit(s) of any term(s) or program(s)
37 contemplated hereunder.
38
39 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
40 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
41 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
42 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
43 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
44 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
45 continue unimpaired in full force and effect.
46
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5329
I Section 6. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
2 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
3 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
4 repealed thereby.
5
6 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
7 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
8
9 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of State of
10 Florida but shall not become effective until a notice is issued by the State Land Planning Agency
11 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
12 Statutes, upon final approved legal effectiveness therefrom.
13
14 Section 9. Inclusion on the Monroe County Code's Official Land Use District Map,
15 The provisions of this Ordinance shall be included and incorporated on to the Official Land Use
16 District Map of Monroe County.
17
18 Section 10. Effective Date. This ordinance shall become effective as provided by law and
19 stated above.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the 181h day of October, 2023.
23
24 Mayor Craig Cates, District 1
25 Mayor Pro Tem Holly Merrill Raschein, District 5
26 Commissioner Michelle Lincoln, District 2
27 Commissioner James K. Scholl, District 3
28 Commissioner David Rice, District 4
29
30
31 BOARD OF COUNTY COMMISSIONERS
32 OF MONROE COUNTY, FLORIDA
33
34 By:
35 Mayor Craig Cates
36 MONROECO Y A170RNEY
37 (SEAL) APF TO F FT
38
39 ATTEST: KEVIN MADOK, CLERK .. _.PETER T .
40 ASSISTANT COUNTY ATTORNEY
41 10/2/23
42 AS DEPUTY CLERK
43
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5330
"dill I
2 M � 1yq.
3 '
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Senior Director Emily Schemper, A.LC.P., C.F.M., Monroe County Planning and
12 Environmental Resources Department
13
14 From: Assistant Director of Planning Cheryl Cioffari, A.LC.P., Monroe County Planning and
15 Environmental Resources Department
16
17 Date: August 29, 2023
18
19 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
20 Monroe County Land Use District(Zoning)Map to apply the Ocean Reef Overlay District
21 for properties located at approximately 100 Anchor Drive,30 Ocean Reef Drive,90 Andros
22 Road, 101 Andros Road, Beach Road, Ocean Reef Drive, 301 Ocean Reef Drive, 650
23 Beach Road, 314 Anchor Drive, 1 Dockside Lane,31 Ocean Reef Drive,2 Dockside Drive,
24 395 S. Harbor Drive, 100 Country Club Road, 120 Nirvana Lane, 100 Nirvana Lane,
25 Torchwood Lane, 212 Anchor Drive and 314 Anchor Drive, Key Largo, Monroe County,
26 Florida, having Parcel IDs 00572797-003600, 00572795-001000, 00570460-000000,
27 00570450-000000, 00569510-000000, 00569500-000000, 00569480-000000, 00569490-
28 000000, 00569470-000000, 00569480-000000, 00569482-000000, 00081780-000300,
29 00081760-000100, 00081760-000000, 00081880-000100, 00081760-000200, 00081740-
30 000500, 00081720-000000, 00081710-000000 and 00572797-003800; as proposed by
31 Ocean Reef Club, Inc., Yachtsman Inn Land, LLC, OR Business Center, LLC and Gulf
32 Manor IA Condominium.'
33
34 Meeting: October 18, 2023
35
36
37 I. REQUEST
38
39 On June 8, 2020, the Planning and Environmental Resources Department received an application from
40 Bart Smith of Smith/Hawks PL (the "Agent") on behalf of Ocean Reef Club, Inc., Yachtsman Inn Land,
41 LLC, OR Business Center, LLC and Golf Manor IA Condominium (the "Applicants,") to amend the
42 Official Land Use District(Zoning)Map. A revised application was submitted on October 19, 2021.
43
44 The proposed amendment would apply the boundaries of a new overlay district, the Ocean Reef Overlay
45 District. The regulations associated with the Ocean Reef Overlay District would be set forth in a new
1 Monroe County Planning and Environmental Resources Department File No.2020-088.
BOCC SR 10.18.2023 Page 1 of 7
File 2020-088
5331
I section of the Comprehensive Plan, Goal 112, and within the Land Development Code, Section 130-141,
2 which has been proposed by the Ocean Reef Club, Inc. and Ocean Reef Community Association.
3
4 An overlay district is a regulatory tool that creates a special zoning district, placed over an existing base
5 land use (zoning) district,which identifies special provisions in addition to those in the underling land use
6 (zoning) district. Requirements of, and regulations related to, the base or underlying district may or may
7 not be altered.
8
9 Affected properties would maintain their underlying existing land use (zoning) district designations but
10 would be eligible to utilize the regulations developed within the Ocean Reef Overlay District as identified
11 in proposed Comprehensive Plan Goal 112 (Monroe County Planning & Environmental Resources
12 Department File No. 2019-142) and LDC Section 130-141 (Monroe County Planning & Environmental
13 Resources Department File No. 2019-025).
14
u
1 " d IN M s
m
P
-
Land Use District(Zoning) Map Parcels within Overlay
(Parcels within the Ocean Reef Overlay are outlined in yellow) (Parcels within the Ocean Reef Overlay are bolded)
15
16
17 II. BACKGROUND INFORMATION
18 Site Information:
19 Location: CR 905, Key Largo
20 Boundary:
21 Parcel ID Numbers (22 Parcels): 00572797-003600, 00572795-001000, 00570460-000000,
22 00570450-000000, 00569510-000000, 00569500-000000, 00569470-000100, 00569490-000000,
23 00569470-000000, 00569480-000000, 00569482-000000, 00081780-000300, 00081760-000100,
BOCC SR 10.18.2023 Page 2 of 7
File 2020-088
5332
1 00081760-000000, 00081880-000100, 00081760-000200, 00081740-000500, 00081720-000000,
2 00081710-000000, 00572797-003800, 00081730-000000 and 00081780-000300
3 Applicant: Ocean Reef Club, Inc., Yachtsman Inn Land, LLC, OR Business Center, LLC and Golf
4 Manor IA Condominium
5 Agent: Smith/Hawks, PL
6 FLUM Designations: Commercial (COMM), Mixed Use / Commercial (MC), Recreation (R),
7 Residential Low (RL) and Residential Medium (RM)
8 Land Use Districts: Commercial (C1), Park and Refuge (PR), Sparsely Settled (SS), Suburban
9 Commercial (SC)
10 CBRS: No
11 Existing Uses:residential,recreational facilities(golf course,tennis courts and pickle ball),hotel,boat
12 storage, marina, offices retail, institutional (private hospital), service (gas) station
13 Existing Vegetation/Habitat: Developed Land and Undeveloped Land. A vegetation survey/existing
14 conditions report was not submitted with the Application to confirm the habitats.
15 Community Character of Immediate Vicinity: Ocean Reef Club is a gated 100+ acre master
16 planned community. Adjacent land uses include residential uses(Anglers Club Condominium),vacant
17 land and conservation areas.
18
19 Reason for proposed L UD Amendment
20 The Applicant states that the reason for the proposed amendment is:
TliQ � l;mlmlo ,,tl�;�wmt I'rmmlN amittmmt'tib tlm m l.Pl.yl :au.as�timt y �35mdtu10, t;mr S�wvv time 0vearl! Pmcvl`0°aatim,r1� i- I istio"":
l,° at�o;tum m�'mmlmmmemt.fi,""�� «ms 0mm., of tIn, emghi" elr d l l Ocean Reel �mb� liic, ����°i�Mri rres mleimtdr�l
Pr(,:g)c,rt�IcS, �mmmt�l 0IV, l'mmmm.°INw��m�mo m�mamlefty, raJme ea w lie-ef` hill arid,"lIa.ma°m�lmmammmmocl arc o
Occaiwu .o l w"m ur wrrm m mt e a , mr 6dorr, lix%, mm,ldclm mmwm IM-AX]h11atem.l Ill d ,������ atr+dem 0'tm-r131rJQ t cc,%mrr
Rocf liaiprrtimvenieiIil .Assoclmmtmmmmr�,, mm]u'i'lmm Mi.aami;e mrtham, mYmmlm m�tgmei �mmtly wm,iro� ritictl a,o t,tmm° ° � lam tl
("C',III I'll mrrmmtt, Asso ¢lt.oli, lmmmm_,.(l-t:lce'dmm Rxw;,l°l°
Nloiii-clv l of"111ty a rd Ylic° Scatc of 1 loiida a4vady recof;pized ()ccari Reel: as
m,immltic lmr ills dev Iotm°NrwIV diti l lmmctrfiotm miml Nmr,s ex,chmm.lerl die caummammrnmjmmm6.lyr A 11ILIllaq�le
pw~ovisifons raf tlC le t oLflmt.l,"S l:"tmrrrlm, and f 1`l��M., w���.;1���l�m�g 1����� rlo?t br'nted ki 111c Coto ty s f,( at.c
21 r:mf(JI,H%N"llm C)m°h to rice (ROGO) rtid com did.o4ial mums �"II GCtt;SS..m
a m.lmlition,all w k y sltY.11l orilY tmgl'lly, �to holm-
�
�°;o t o�mw mt>�u�trrn,n,mu��at mmmmu. �°�semrm rtmim�.mmo: �°r�amte ;��� the Overlay a��r m�t,
residemmtlytl ,,i,nd tmmammmsreiA mlemvllamaimrm e rt m ro l)r„�,Plmemty t.% reed h , Oet:.mt.Red`("ltr.b 1ri a iml orem l.mlettt tl
deNvloprl rlt Mt 0-tc°.1.,0-rdoxq"rO(I 1°�m��l�mwmn���, '11he 0%,ol-l�;iy 191 ttllovm Vhccorrmmmmcwiam a icntlopaI rit i l'
st:riict rm'm„s m.nm 4,)%mllmllau;gs Alldm,, lit m61h time mmrrclrmte,mu:trmral mlr:.mmp tmrmml e°rmmr1.mmmmmmmmt°ya' Clmtr.m°metm`r m:&(),ceail
Reel""Clliumltr aiid Ocean arid w ll tlie, Trmmrcli"TI ll Imirters qo rtem r e,
a�m�l m°emdtmm��t��ilrm.mm�N�'�.""*�l:T-0,,,N;utam���q�mmrlm�rtle� •"1'�lrm. �_�m�r:�°xl�m���+m°�m�•mrm1�tamma�;em�s.gc.mlrmmtettl ~�L�mmtml;rtrmlmp����tml m:mllmet'
l mrbw°p l°,�mw� °dtl gum tlm�:m 1_IC I .��Cs� 111 ll'�m' th�:� �rm�rfl�am°i dl 1po-crpoll s�)Nvirmm(:l by t.tc�art ll4,e::f 'Itib
l 1"mmmam'mbaers lmrlemmMllmmml mmm tly,(: gzthle below, bto remain t'iblm ct Memamr)itmg
l..lW mmid t'or-Irl,, 11,irr rctr„ru4atmnmm�s a, mmml slarmdarils asscx-mmtoi mvmtam the awmd'erlyirig l_1Y11 arid l 1.1�JM
22 mltwm��il�m���tlrm�Nmm
23 The Applicant's full explanation and justification of the proposed amendments is included in the file for
24 the application (File 2020-088).
25
26 Staff has reviewed the Applicants' position and supporting documentation. Staff is also reviewing the
27 proposed amendment for consistency with State Statutes, Rules, internal consistency with the
28 Comprehensive Plan and balancing all these items and policy issues.
BOCC SR 10.18.2023 Page 3 of 7
File 2020-088
5333
1
2 Community Meeting and Public Participation
3 In accordance with LDC Section 102-159(a), a community meeting will be held on March 31, 2022 to
4 discuss the proposed overlay to the Land Use District(Zoning)Map amendment, and to provide for public
5 participation.
6 Development Review Committee Meeting and Public Participation
7 In accordance with LDC Section 102-159(a), a community meeting will be held on March 31, 2022 to
8 discuss
9
10 Planning Commission Meeting
11 The Planning Commission considered the proposed amendment at a regular meeting on April 26, 2023
12 and recommended approval through Resolution P13-23 of the proposed ordinance.
13
14
15 III. AMENDMENT REVIEW: Consistency with the Monroe County 2030 Comprehensive Plan and
16 the Monroe County Land Development Code
17
18 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
19 County Year 2030 Comprehensive Plan. Specifically,it furthers:
20
21 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety
22 of County residents and visitors, and protect valuable natural resources.
23
24 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential
25 development known as the Residential Rate of Growth Ordinance(ROGO)System. The Permit Allocation
26 System shall limit the number of permits issued for new residential dwelling units The ROGO allocation
27 system shall apply within the unincorporated area of the county, excluding areas within the county
28 mainland and within the Ocean Reef planned development (Future development in the Ocean Reef
29 planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights
30 Letter recognized and issued by the Department of Community Affairs). New residential dwelling units
31 included in the ROGO allocation system include the following: affordable housing units; market rate
32 dwelling units; mobile homes; and institutional residential units (except hospital rooms)...
33
34 Objective 101.5: Monroe County shall regulate future development and redevelopment to maintain and
35 enhance the character of the community and protect natural resources by providing for the compatible
36 distribution of land uses consistent with the designations shown on the Future Land Use Map.
37
38 Policy 101.5.27: All development shall be subject to clearing limits defined by habitat and the location of
39 the property in the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The
40 clearing limits of upland native vegetation for properties in the Ocean Reef planned development shall be
41 limited to 40 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in
42 the Tiers I, II, III and Tier III-A shall be limited to the following percentages or maximum square
43 footage...
44
45 Policy 105.2.1: Monroe County shall designate all lands outside of mainland Monroe County, except for
46 the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition
BOCC SR 10.18.2023 Page 4 of 7
File 2020-088
5334
I Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three
2 categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key
3 and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth
4 management approaches associated with each tier are as follows...
5
6 Policy 1051.4: Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County
7 shall prepare redevelopment standards and within one year afterwards, shall amend the LDC to address
8 the large number of nonconforming commercial structures that are non-compliant as to on-site parking,
9 construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the
10 existing character and constraints of the different island communities, regulations can be adopted that
11 provide incentives for redevelopment and permit the continuance of businesses while moving towards an
12 integrated streetscape.
13
14 Policy 205.1.1: The County shall establish the following criteria, at a minimum, to use when designating
15 Tiers:
16
17 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation.
18
19
20 B. The proposed amendment is consistent with the provisions and intent of the Monroe County
21 Code Land Development Code.
22
23 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance
24 enacting the proposed change based on one or more of the following factors:
25
26 1. Changed projections (e.g., regarding public service needs) from those on which the text of
27 boundary was based;
28
29 Per the Applicant: No response provided.
30
31 2. Changed assumptions (e.g., regarding demographic trends);
32
33 Per the Applicant: No response provided.
34
35 3. Data errors,including errors in mapping, vegetative types and natural features described in
36 Volume I of the plan;
37
38 Per the Applicant: No response provided.
39
40 4. New issues;
41
42 Per the Applicant: No response provided.
43
44 A corresponding Comprehensive Plan text amendment application (File 2019-142) and a Land
45 Development Code text amendment application (File 2019-025) were submitted to establish the
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I regulations for the Ocean Reef Overlay District. The purpose of the Ocean Reef Overlay District is to
2 modify regulations to allow for greater internal control over development with Ocean Reef as it relates
3 to setbacks, nonconforming uses, nonconforming structures, and development standards.
4
5 The proposed overlay district would allow flexibility to Ocean Reef by allowing the utilization of
6 regulations and development standards reviewed and authorized by Ocean Reef Club. Additionally,
7 the proposed language exempts Ocean Reef from sections of the LDC directly related to level of
8 service/concurrency because the Ocean Reef master planned community is responsible for providing
9 financing, operating, and regulating of its facilities and services needed to serve development within
10 the Ocean Reef community. Additionally, the proposed amendments would allow Ocean Reef to
11 modify regulations to allow for greater internal control over development with Ocean Reef as it relates
12 to setbacks, nonconforming uses, nonconforming structures, and development standards as it relates
13 to off-street parking.
14
15 The proposed LUD amendment would apply the Ocean Reef Overlay District to the subject properties.
16 The proposed LUD amendment is consistent with the proposed text amendment(Files 2019-142 and
17 2019-025)creating the Ocean Reef Overlay District and is consistent with the established Commercial
18 (COMM), Mixed Use / Commercial (MC), Recreation (R), Residential Low (RL) and Residential
19 Medium (RM) FLUM categories.
20
21 5. Recognition of a need for additional detail or comprehensiveness; or
22
23 Per the Applicant: No response provided.
24
25 6. Data updates.
26
27 Per the Applicant:
�o t1le 1'e eior)t'11Cfl lies bcei'q t"HQ . 4114slul"r7e0k0y %"011 06S
Appl,io4,0i i, rW the I cm An9e'n(ittmi,t text I�,�r � 4 141 the INfisj')ruc Cok'Mly'
land I,eknulatiioris b)� o ueming the l.lceari Reel:, (Kerlay Uislr°id. H"Ie I C t
?krrirerudrauerrt ruurie dull the de; e'lopniem stErrridal-ds a,W o(her l fffk°i4oi� s err the m
�uWWru°uu the (lu.wu,°Irrptlwrr,t; 4" Stnue9oros 1'-tr'iwuuild4q.rsb tha'i I"rt the riru lr4r°c uur-d sJcsrgii auulul colinini'lult
Jul,,),aru,l t ter,01r,r l�w°��yl"��"��m7's,trutiire�l�;��� TD lrc t��w�r��lau,r°a;u�lrllr:�ter�uM�uii� Ae�auraerrrm��tl
28 rr�t�l �r`r rar it°rid r9 r Ga�l�r°A�ti�r°r� �,rrrr,J; 'lor�r'muur°��r;l i bi�lcu�r,u�ul Ithiri 1'o'1-c'h%k'u:rtd"
29
30 The proposed LUD amendment would apply the Ocean Reef Overlay District to the subject properties.
31 The proposed LUD amendment is consistent with the proposed text amendment(Files 2019-142 and
32 2019-025)creating the Ocean Reef Overlay District and is consistent with the established Commercial
33 (COMM), Mixed Use / Commercial (MC), Recreation (R), Residential Low (RL) and Residential
34 Medium (RM) FLUM categories.
35
36 In accordance with MCC §102-158(d)(5)c.,in no event shall an amendment be approved which will
37 result in an adverse community change to the planning area in which the proposed development is
38 located or to any area in accordance with a Livable Communikeys Master Plan pursuant to findings
39 of the Board of County Commissioners.
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1
2 Per the Applicant: "There will be no adverse change to unincorporated Monroe County if the proposed
3 Amendment is approved. The proposed Amendment is geographically limited in scope. "
4
5 Staff does not anticipate the proposed amendment will result in an adverse community change, provided
6 that the recommended changes to the companion proposed text amendments (File 2019-142 and 2019-
7 025) are incorporated.
8
9 V. STAFF RECOMMENDATION
10
11 The professional staff of the Monroe County Planning and Environmental Resources Department
12 recommend approval of the proposed Land Use District (Zoning) Map amendment, contingent upon the
13 adoption of the companion Comprehensive Plan and Land Development Code (LDC) Text Amendments
14 establishing the Ocean Reef Overlay District.
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