Resolution 272-20162
3
4 -
5
6
7
8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 272 - 2016
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS TRANSMITTING TO THE
14 STATE LAND PLANNING AGENCY AN ORDINANCE BY
15 THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS AMENDING MONROE COUNTY YEAR
17 2030 COMPREHENSIVE PLAN POLICY 101.5.25,
18 PROVIDING A MAXIMUM NET DENSITY OF ONE
19 DWELLING UNIT PER PLATTED LOT WITH THE
20 TRANSFER OF ONE TDR FOR THE DEVELOPMENT OF
21 ONE TIER 3 PLATTED LOT WITH A RESIDENTIAL LOW
22 (RL) FUTURE LAND USE MAP DESIGNATION AND
23 WITHIN A SUBURBAN RESIDENTIAL (SR) ZONING
24 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
25 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
26 FOR TRANSMITTAL TO THE STATE LAND PLANNING
27 AGENCY AND THE SECRETARY OF STATE; PROVIDING
28 FOR INCLUSION IN THE MONROE COUNTY
29 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
30 DATE.
31
32
33 WHEREAS, the Monroe County Board of County Commissioners conducted a public
34 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
35 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
36 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
37 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
38 Year 2030 Comprehensive Plan as described above; and
39
40 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
41 of County Commissioners support the requested text amendment;
42
43 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
45
Resolution No. -2016 Page 1 of 2
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
W.
79
82
Section 1. The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the proposed text amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), 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 of Section 163.3184(4), Florida Statutes.
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 19` day of October, 2016.
HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
AFFI ROVED AS T RM:
w '
STI -V t l ' 14: Li - ' MS
ASSISTANT C UN Y ATTORNEY
,�
Date ,9y�Z
Resolution No. -2016
Page 2 of 2
Mayor Heather Carruthers
Yes
Mayor Pro Tem George Neugent
Yes
Commissioner Danny L. Kolhage
Yes
,
Commissioner David Rice
Yes
c,;)
:
Commissioner Sylvia Murphy
Yes
ci
N
J C-.
BOARD OF COUNTY COMMISSIONERS
CD
Y to
j r
OF MONROE CO TY FLORIDA
j
C3
BY
Mayor)4eathVarruthers
HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
AFFI ROVED AS T RM:
w '
STI -V t l ' 14: Li - ' MS
ASSISTANT C UN Y ATTORNEY
,�
Date ,9y�Z
Resolution No. -2016
Page 2 of 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -201
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.25,
PROVIDING A MAXIMUM NET DENSITY OF ONE DWELLING
UNIT PER PLATTED LOT WITH THE TRANSFER OF ONE TDR
FOR THE DEVELOPMENT OF ONE TIER 3 PLATTED LOT
WITH A RESIDENTIAL LOW (RL) FUTURE LAND USE MAP
DESIGNATION AND WITHIN A SUBURBAN RESIDENTIAL (SR)
ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Planning & Environmental Resources Department is
proposing an amendment to revise the maximum net density standards in Comprehensive Plan
Policy 101.5.25 for the Residential Low (RL) future land use map (FLUM) category; and
WHEREAS, on the 23` day of March, 2016, at their regularly scheduled meeting, the
Monroe County Board of County Commissioners directed staff to propose amendments to the
Comprehensive Plan and Land Development Code that would allow owners of platted lots within
the SR zoning district that lack the minimum land area required under the SR density standards
for a single family residence with the transfer of one TDR; and
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendment at a regularly scheduled meeting held on the 30 day of August, 2016
and recommended approval; and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 28`
day of September, 2016, for review and recommendation on the proposed Comprehensive Plan
text amendment; and
Ord -201_
1 of 6
EXHIBIT
A- s
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 27 -16
recommending approval of the proposed amendment; and
WHEREAS, at a regular meeting held on the -th day of , 201_, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text amendment, considered the staff report and provided for public comment and
public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process; and
WHEREAS, at the , 201_, public hearing, the BOCC adopted Resolution
-201_, transmitting the proposed text amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on
; and
WHEREAS, the ORC report
: and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, at a regularly scheduled meeting on the -th day of , 201_, the
BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as
follows (Deletions are shown stricken through; additions are shown underlined):
Ord -201_
2of6
I Policy 101.5.25
2 Monroe County hereby adopts the following density and intensity standards for the future land
3 use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20
4 [§ 163.3177(6)(a) l.,F.S.].
5
Future Land Use
Category And
Corresponding Zoning
Agriculture /Aquaculture
(A) (d)
(no directly corresponding
zoning)
Airport (AD)
(AD zoning)
Commercial (COMM)
(C1 and C2 zoning)
Conservation (C)
(CD zoning)
Education (E) (d)
(no directly corresponding
zoning)
Industrial (I)
(I and MI zoning)
Institutional (INS) (d)
(no directly corresponding
zoning)
Mainland Native (MN)
(MN zoning)
Military (M)
(MF zoning)
Mixed Use /Commercial
(Mcf
(SC, UC, DR, RV, MU
and
MI zoning)
Mixed Use /Commercial
Fishing (MCF)
(CFA, CFV, CFSD
zoning)
Future Land Use Densities and Intensities
Residential (1) Nonresidential
Allocated Density cap Maximum Net Density Maximum Intensity
(per upland acre) (per buildable acre) (floor area ratio)
0 du N/A 0.25
0 rooms /spaces N/A
0 du
0 rooms /spaces
0 du
0 rooms /spaces
0 du
0 rooms /spaces
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/ A
2 du
N/ A
N/A
24 rooms /spaces
N/A
N/A
12 du
20 rooms /spaces
2 du (MI)
6 -18du (SC) 1k)
12 du (UC)
12 -18 du (MU) (k)
18 du (DR)
10 -25 rooms /spaces
12 du (CFA, CFSD)
0.10
0.15 -0.50
0.05
0.30
0.25 -0.60
0.30
0.03
0 du
0 rooms /spaces
1 du
0 rooms /sp aces
0 du
15 rooms /spaces
0.01 du
2 spaces (e)
6 du
10 rooms /spaces
1 du (DR, MU, MI)
3 du (SC)
6 du (UC)
Commercial Apartments
(RV) (h)
5 -15 rooms /spaces
1 du
(CFSD- 20)
3 du (CFA, all other
CFSD)
1 du/lot (CFV)
0 rooms /space
N/A (CFV)
N/A
0.30 -0.50
0.10 -0.45
(SC, UC, DR, MU)
<2,500 SF (RV)
0.30 -0.60 (MI)
0.25 -0.40
Minimum
Open Space
Ratio W
Per underlying
zoning
0.20
0.20
0.90
Per underlying
zoning
0.20
Per underlying
zoning
0.95 -0.99
0.20
0.20
0.20
Ord -201_
3 of 6
Preservation (P) (d)
0 du
N/A
(P zoning)
0 rooms /spaces
N/A
0
1.00
Public Buildings/Lands
0 du
N/A
0.30
Per underlying
(PB) (d)
zoning
(no directly corresponding
0 rooms /spaces
N/A
zoning)
Public
0 du
N/A
0.30
Per underlying
Facilities (PF) (d)
0 rooms /spaces
N/A
zoning
(no directly corresponding
zoning)
Recreation (R)
0 du
N/A
0.20
0.90
(PR zoning)
2 rooms /spaces
N/A
Residential
0 -0.10 du (OS)
N/A
0 -0.20
0.95
Conservation (RC)
0.25 du (NA)
(OS and NA zoning)
0 rooms /spaces
N/A
Residential Low (RL)
0.50 du
3 du (SR -L)
0.25
0.50 (SR, SR-
(SS, SR, and SR -L
5 du (SR)
SF (SR)
L)
zoning)
or
-2500
I du/Iot (SR) -)
0.80 (SS)
0 rooms /spaces
N/A (SS)
N/A
Residential Medium
I du/lot (IS, IS -V, IS-
N/A
(RM)
M)
N/A
0
0.20
(IS, IS -V, IS -M and IS-
2 du/lot (IS -D)
DO zoning)
0 rooms /spaces
Residential High (RH)
6 du (UR)
12 -25 du (UR)
(IS -DO URM, URM -L
Idu/lot (URM, URM -L)
N/A (IS -D, URM,
and UR zoning)
2 du/Iot (IS -D)
URM -L)
0
0.20
0 -10 rooms /spaces
0 -20 rooms /spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density
without the use of TDRs. "N /A" means that maximum net density bonuses shall not be available. Buildable acres
means the portion of a parcel of land that is developable and is not required open space. For the purposes of max net
de nsity calculations for latted lots in the SR district (see footnote (m) below) open space shall not be ded ucted from
the area of the site.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture /Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands,
and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts
as appropriate.
(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
permitted for educational, research or sanitary purposes.
Ord -201_
4of6
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land
use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat
building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property,
adjacent to the shoreline, pursuant to Policy 101.5.6.
(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in
existence on the site, whichever is less.
(i) The allocated density for the CFSD -20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net
density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential
uses and intensity (i.e., density and intensity shall not be counted cumulatively).
0) Within IS subdivisions with primarily single family residential units, IS -D zoning may be used with a RM future land
use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for
the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the
UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a
maximum net density not exceeding 18 du/buildable acre.
(1) Vessels, including live - aboard vessels, or associated wet slips are not considered dwelling units and do not count when
calculating density.
(m) Within the Residential Low future land use category, the maximum net density for platted lots within the SR zoning
district shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded;
2) The platted lot may not be identified for any other use or purpose on the plat (e.g., "park," "common area," etc.);
3) The platted lot must have a Tier designation of Tier 111;
4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full
TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130 -160 of the
Land Development Code; and
6) The subject parcel must comply with Policy 301.2.5 regarding legal access.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Section 2. Severability. 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 validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
Ord -201_
5of6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 201_.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Im
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
A LO ED AST ORM:
T C
ASSISTANT U ATTORNEY
Date �6P�7�
Ord -201_
6of6