Item P4County off Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: P.4
Agenda Item Summary #2923
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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.
ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is
proposing an amendment to revise the maximum net density standards in Policy 101.5.25 for the
Residential Low (RL) Future Land Use Map (FLUM) category.
On March 23, 2016, at their regularly scheduled meeting, the Monroe County Board of County
Commissioners (BOCC) held a public hearing to consider a request for a Beneficial Use
Determination (BUD) and the recommendations of the special magistrate for a platted lot with an RL
FLUM designation and within a Suburban Residential (SR) zoning district which had less land area
than that required by the density standards of the Comprehensive Plan and the Land Development
Code to develop the lot with one single family residence. The special magistrate had issued a
recommended order that stated "recommended that the Board of County Commissioners deny
Petitioners' application for relief under the BUD Ordinance." The BOCC denied the applicant's
request for relief.
After the BUD hearing, the BOCC also 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.
Monroe County's current adopted Comprehensive Plan and LDC have residential density regulations
for the RL FLUM and SR zoning districts that require a site to have more land than a typical platted
subdivision lot would have in order to build a single residential dwelling unit. Owners of vacant land
within these subdivisions are often unable to develop a single family dwelling unit on a single
platted lot.
Staff has developed the proposed amendment which would allow Tier III platted lots in legally
platted subdivisions with SR zoning to develop one dwelling unit per platted lot under maximum net
density with the transfer of one (1) full TDR to the SR site. Such lots would be required to meet all
requirements for TDRs under Comprehensive Plan Policy 101.13.3 and LDC Section 130-160. The
use of TDRs would require the retirement of development rights for one (1) dwelling unit of density
on an eligible TDR sender site.
On October 18, 2016, the BOCC held a public hearing and adopted Resolution 272-2016
transmitting the proposed amendment to the State Land Planning Agency (Department of Economic
Opportunity - DEO) for review and comment.
On January 30, 2017, DEO issued an Objections, Recommendations and Comments (ORC) report
which included four objections to the proposed amendment (see staff report). 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.
In response to the DEO ORC report, staff is proposing revisions which include: recommending
limiting the proposed maximum net density provision to RL/SR platted lots of less than 0.40 gross
acres; limiting the proposed maximum net density provision to RL/SR platted lots that are shown on
a plat recorded prior to January 2, 1996 (the effective date of the 2010 Comprehensive Plan); and
prohibiting the transfer of TDRs under this provision into noise zones of 65 DNL or greater. (see
staff report)
Staff is also proposing a corresponding text amendment to the Land Development Code. The subject
of this public hearing is adoption of the proposed Comprehensive Plan text amendment.
PREVIOUS RELEVANT BOCC ACTION:
On March 23, 2016, at their regularly scheduled meeting, the Monroe County Board of County
Commissioners (BOCC) 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.
On October 18, 2016, the BOCC adopted Resolution 272-2016 transmitting the proposed
amendment to the State Land Planning Agency for review and comment.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance - SR Max Net CP amendment
Staff Report- Comp Plan Amendment - SR max net density
Exhibit 1 to Staff Report - corresponding LDC amendment
Exhibit 2 to Staff Report - ORC Report
Exhibit 3 to Staff Report - potentially eligible parcels
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
If yes, amount: N/A
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
04/25/2017 12:59 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Mayte Santamaria
Completed
Emily Schemper
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
04/25/2017 12:34 PM
Completed
04/26/2017 8:36 AM
04/26/2017 8:59 AM
04/24/2017 12:59 PM
04/24/2017 12:59 PM
04/26/2017 10:27 AM
04/27/2017 11:29 AM
04/27/2017 12:11 PM
05/17/2017 9:00 AM
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ORDINANCE N1'
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WHEREAS, the Monroe County Planning & Environmental Resources Department is
proposing an amendment to revise the maximum net density standards• • Plan
Policy 101.5.25 for the Residential Low (RL) future land use map (FLUM) category; and
on day of 1 • at their regularly scheduled meeting, the
Monroe County Board of County Commissioners directed staff to propose amendments to the
• • - ' r • iW—eiielo�tment Code that would• owners of rlatted lots
the r • g district • area required under the SR density r •I r •'
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendment at a regularly scheduled meeting held on the 30 h day of August, 2016
and recommended approval; and
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I WHEREAS, the Monroe County Planning Commission held a public hearing on the 28h
2 day of September, 2016, for review and recommendation on the proposed Comprehensive Plan
3 text amendment; and
4
5 WHEREAS, based upon the information and documentation submitted, the Planning
6 Commission made the following Findings of Fact and Conclusions of Law:
7
8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 Monroe County Year 2030 Comprehensive Plan; and
10 2. The proposed amendment is consistent with the Principles for Guiding Development
11 for the Florida Keys Area of Critical State Concern, See. 380.0552(7), F.S.; and
12 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
13 and
14 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 27-16
15 recommending approval of the proposed amendment; and
16
17 WHEREAS, at a regular meeting held on the 18 Ih day of October 2016, the Monroe
18 County Board of County Commissioners held a public hearing to consider the transmittal of the
19 proposed text amendment, considered the staff report and provided for public comment and
20 public participation in accordance with the requirements of state law and the procedures adopted
21 for public participation in the planning process; and
22
23 WHEREAS, at the October 18, 2016, public hearing, the BOCC adopted Resolution
24 272-2016, transmitting the proposed text amendment to the State Land Planning Agency; and
25
26 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
27 Objections, Recommendations and Comments (ORC) report on January 30, 2107; and
28
29 WHEREAS, the ORC report identified four (4) objections to the proposed
30 comprehensive plan amendment and recommended changes to the proposed amendment to
31 address the objections; and
32
33 WHEREAS, the County must address the four (4) identified objections and determine
34 whether to adopt the amendment, adopt the amendment with changes or not adopt the
35 amendment; and
36
37 WHEREAS, in response to the ORC report, Monroe County has made changes to the
38 proposed amendment to address the four (4) objections identified by the State Land Planning
39 Agency; and
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WHEREAS, at a regularly scheduled meeting on the 17'h day of May, 2017, 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
COM51SSIONERS 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):
Policy 101.5.25
Monroe County hereby adopts the following density and intensity standards for the future land
use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20
[§ 163.3177(6)(a) I.,F.S.I.
Future Land Use Densities and Intensities
Residential "'
I Nonresidential
Future Land Use
—
Minimum
Allocated Density
Maximum Net Density
(s � (b)
Maximum Intensity
Category And
Open Space
Ratio'`'
Corresponding Zoning
(per upland acre)
(per buildable acre)
(floor area ratio)
AgricuIture/Aquaculture
0 du
N/A
0.25
Per underlying
(A) (d)
0 rooms/spaces
N/A
zoning
(no directly corresponding
zoning)
Airport (AD)
0 du
N/A
0.10
0.20
(AD zoning)
0 rooms/spaces
N/A
Commercial (COMM)
0 du
N/A
0.15-0.50
0.20
(Cl and C2 zoning)
0 rooms/spaces
N/A
Conservation (C)
0 du
N/A
0.05
0.90
(CD zoning)
0 rooms/spaces
N/A
Education (E) (d)
0 du
N/A
0.30
Per underlying
(no directly corresponding
zoning
zoning)
0 rooms/spaces
N/A
Industrial (1)
1 du
2 du
0.25-0.60
0.20
(I and MI zoning)
0 rooms/spaces
N/A
Institutional (INS) (d)
0 du
N/A
Per underlying
(no directly corresponding
0.30
zoning
zoning)
15 rooms/spaces
24 rooms/spaces
Mainland Native (MN)
0.01 du
N/A
0.95-0.99
(MN zoning)
2 spaces(e)
N/A
0.03
Military (M)
6 du
12 du
0.30-0.50
0.20
(MF zoning)
10 rooms/spaces
20 rooms/spaces
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Mixed Use/Commercial
(Mcf)(g)
(SC, UC, DR, RV, MU
and
MI zoning)
Mixed Use/Commercial
Fishing (MCF)(f)
(CFA, CFV, CFSD
zoning)
Preservation (p) (d)
(P zoning)
Public Buildings/Lands
(PB) (d)
(no directly corresponding
zoning)
Public
Facilities (PF) (d)
(no directly corresponding
zoning)
Recreation (R)
(PR zoning)
Residential
Conservation (RC)
(OS and NA zoning)
Residential Low (RL)
(SS, SR, and SR-L
zoning)
Residential Medium
(RM)
(IS, IS-V, IS-M and IS -
DO) zoning)
Residential High (RH)
(IS -DO), URM, URM-L
and UR zoning)
I du (DR, MU, MI)
3 du (SC)
6 du (UC)
Commercial Apartments
(RV) ()
5-15 rooms/spaces
I du
(CFSD-20)"'
3 du (CFA, all other
CFSD)
I du/lot (CFV)
0 rooms/spaces
0 du
0 rooms/spaces
0 du
0 rooms/spaces
0 du
0 rooms/spaces
0 du
2 rooms/spaces
0-0. 10 du (OS)
0.25 du (NA)
0 rooms/spaces
0.50 du
0 rooms/spaces
I du/lot (IS, IS-V, IS-
M)
2 du/lot (IS-D)
0 rooms/spaces
6 du (UR)
lduAot (URM, URM-L)
2 du/lot (IS-D)
0-10 rooms/spaces
2 du (MI)
6-18du (SC) (k)
12 du (UC)
12-18 du (MU) W
18 du (DR)
10-25 rooms/spaces
12 du (CFA, CFSD)
0.10-0.45
(SC, UC, DR, MU)
<2,500 SF (RV)
0.30-0.60 (MI)
0.25-0.40
N/A (CFV)
N/A
N/A
N/A 0
N/A 0.30
N/A
N/A
N/A
N/A
N/A
N/A
N/A
3 du (SR-L)
5 du (SR)
or
I du/lot (SR)'m)
N/A (SS)
N/A
N/A
N/A
12-25 du (UR)("
N/A (IS-D, URM,
URM-L)
0-20 rooms/spaces
0.30
0.20
0-0.20
0.25
A
0.20
M
1.00
Per underlying
zoning
Per underlying
zoning
0.90
0.95
0.50 (SR, SR-
Q
0.80(SS)
0.20
MU#
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
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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.
(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.
(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 I 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 of less than 0.40 gross
acres within the SR zoning district shall be I dwelling unit per platted lot, provided all of the following conditions are
met:
I ) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to
January 2, 1996,
2) The planed 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 III:
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 10 1. 13.3 and Section 130-160 of the
Land Development Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
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Section 2. Severabifty. 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
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 _, 2017.
(SEAL)
42 DEPUTY CLERK
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
I "IT07-11 111 oxel Will I
10
Mayor George Neugent
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dr
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Mayte Santamaria, Senior Director of Planning and Environmental Resources
From: Emily Schemper, AICP, Comprehensive Planning Manager
Date: April 24, 2017
Subject: 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. (Planning File #2016-107)
Meeting: May 17, 2017
I. REQUEST
The Monroe County Planning & Environmental Resources Department is proposing an amendment
to revise the maximum net density standards in Policy 101.5.25 for the Residential Low (RL) Future
Land Use Map (FLUM) category.
II. BACKGROUND INFORMATION
On March 23, 2016, at their regularly scheduled meeting, the Monroe County Board of County
Commissioners (BOCC) held a public hearing to consider a request for a Beneficial Use
Determination (BUD) and the recommendations of the special magistrate for a platted lot with an RL
FLUM designation and within a Suburban Residential (SR) zoning district which had less land area
than that required by the density standards of the Comprehensive Plan and the Land Development
Code to develop the lot with one single family residence. The special magistrate had issued a
recommended order that stated "recommended that the Board of County Commissioners deny
File 2016-107 Page 1 of 21
Petitioners' application for relief under the BUD Ordinance." The BOCC denied the applicant's
request for relief.
The BOCC also 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.
On July 26, 2016, the Monroe County Planning Commission (PC) considered an appeal by a
property owner who had been denied a building permit for a single family residence on an unplatted
parcel of land with a Residential Medium (RM) FLUM designation and within an Improved
Subdivision (IS) zoning district based on the density standard of one dwelling unit per platted lot for
the RM and IS districts in the Comprehensive Plan and Land Development Code. The PC denied the
applicant's appeal.
In completing the BOCC directed review of the SR zoning density, staff has also been evaluating the
potential for an amendment to the density requirements of the Comprehensive Plan that would allow
owners of unplatted parcels that existed prior to September 15, 1986 and are now within an RM
FLUM and IS zoning district to apply for a ROGO allocation in order to build a single family
residence on such a parcel.
Staff initially combined these concepts into one amendment proposal based on the similarities
between the two proposed amendments in purpose, analysis, and data.
Staff is also proposing a corresponding amendment to the Land Development Code (see Exhibit 1)
The subject of this staff report is the proposed amendment to the Comprehensive Plan.
On August 30, 2016, the Monroe County Development Review Committee (DRC) considered the
proposed amendments and provided for public comment. Based on public input given at the DRC
meeting specific to the proposed amendment regarding the pre-1986 RM and IS parcels, and the
requests that the County consider other options, staff recommended several changes and postponing
of the RMAS parcel amendments for further evaluation of options and implications. Staff
recommended not postponing the proposed amendment regarding RL FLUM and SR Zoning, which
is the subject of this staff report.
On September 28, 2016, at a regularly scheduled meeting, the Monroe County Planning Commission
(PC) held a public hearing to consider the proposed amendment and provide for public comment.
The PC recommended approval to the BOCC (PC Resolution #P27-16).
On October 18, 2016, at a regularly scheduled meeting, the BOCC held a public hearing to consider
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. The BOCC adopted Resolution
272-2016 transmitting the proposed amendment to the State Land Planning Agency (Department of
Economic Opportunity — DEO) for review and comment.
File 2016-107 Page 2 of 21
Following their review of the proposed amendment, DEO issued an Objections, Recommendations
and Comments (ORC) report on January 30, 2017 (attached as Exhibit 2). The ORC report included
four objections to the proposed amendment and recommended several specific changes to the
amendment to address the objections. The objections, and staff s recommendations to address them,
are discussed in the next section of this staff report. 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.
III. OBJECTIONS, RECOMMENDATIONS, AND COMMENTS (ORC) REPORT
The ORC report (see Exhibit 2) states, "The Department objects to the proposal because the
amendment is not supported by adequate data and analysis and is not meaningful and predictable; is
internally inconsistent and is inconsistent with the Principles for Guiding Development." The
County offers the following responses to the four specific objections:
ORC Objection: Initially, the County submitted the number of lots that would be affected by the
proposed amendment. At our request, we were sent a map of the potential 34 RL/SR/ Tier Ill receiver
sites that meet the criteria being proposed. This information was not presented to the commenting
agencies or to the public. In reviewing the maps of the receiver sites, portions of 3 of the receiver
site subdivisions had been subjects of litigation with DCA (Shark Key, Enchanted Island and Key
Haven), and within the Military Installation Area Impact (MIAI). Based on the information provided
by the County, the effect of the amendment of the MIAI is unclear.
ORC Recommendation: The County should include a full analysis as to the impacts of the new
policy with their adopted amendment. The County should amend the policy to include criteria that
does not allow density transfers into lots located within noise zones greater than 65 DNL
County Response:
In the staff report that was presented to the public and BOCC at the public hearing and included with
the transmittal of the ordinance to DEO, staff indicated that the amendment would affect potentially
34 parcels within the County.
Of the 34 parcels identified by the County as potential RL/SR/Tier III receiver sites based on the
proposed amendment, 14 private, vacant RL/SR/Tier III lots are within the Key Haven Estates
subdivision and 16 private, vacant RL/SR/Tier III lots are within Shark Key. These 30 parcels are
not affected by the amendment based on previous development approvals.
Updated maps of potentially eligible sites are attached as Exhibit 3.
Enchanted Island/Key Haven: The maps of potential receiver sites include 14 lots within the Key
Haven Estates subdivision (Plat Book 7 Page 78; approved by the BOCC in 2008). The Key Haven
File 2016-107 Page 3 of 21
Estates subdivision already has approval for 43 development rights on 43 lots, based on a 2005
development agreement with the County, and confirmed by an Acknowledgement of Development
Rights signed by the County and Key Haven Estates LLC in 2015. Pursuant to Development Order
05-09, TDRs were transferred from Crane Point to the Key Haven Estates Subdivision SR lots;
therefore, these lots would not need to use the proposed amendment.
Shark Key: Each platted lot has a density of 1 du per lot, per the Major Development and PUD
approved for a 74 unit development by the County in 1986, the plat approval (approved by the
BOCC in 1986), and a 1995 settlement agreement between Shark Key Development Corp, County
and DCA; therefore these lots would not need to use the proposed amendment.
MWAI and NASKW noise zones:
Shark Key: Shark Key is outside of the 65 DNL noise zone.
Enchanted Island and Key Haven: Portions of the Key Haven Estates subdivision are within the 65+
DNL, however, these lots have no need to use the proposed amendment.
Additionally, based on objections #1, #3, and #4 within the ORC, Staff will be recommending that
TDRs under the provisions of the proposed amendment may not be transferred into noise zones of 65
DNL or greater, and that the receiver site must be located within a plat recorded prior to January 2,
1996 (the effective date of the Year 2010 Comprehensive Plan).
Staff is recommending adding to the criteria that TDRs under this provision may not be
transferred into noise zones 65 DNL or greater.
ORC Objection: In certain land uses there are two density calculations available, allocated density
and maximum net density. Allocated density is calculated on the gross upland acreage. Maximum
net density is calculated on the buildable area which is the upland portion less open space. The
current plan allows transfer of density into the RL land use district, but 50% open space is deducted
at the receiver site for the purposes of density calculation. It is not clear, however, under policy
101.5.25 note b where a statement has been added which states 'for the purposes of max net density
calculations for platted lots in the SR district (see footnote (m) below), open space shall not be
deducted from the area of the site. " If this statement is intended only for the parcels meeting the
criteria in footnote (m), RL/SR and Tier III, it is not clear why this note is necessary if the density on
the receive site is lunit per lot rather than measure density per buildable acre. Also this language
only mentions SR zoning and should include the terms RL/SRITier III lots in the event that lots have
been zoned SR and do not have a RL Future Land Use designation.
ORC Recommendation: The County should revise the policy 101.5.25 note b to clarify that the
open space calculation waiver is only available to lots in the RL/SRITier Ill found under footnote (m)
or eliminate the note if it is not necessary.
File 2016-107 Page 4 of 21
County Response:
Staff is recommending eliminating the proposed added text in footnote (b). Staff will also add
to footnote (m) that the amendment applies to RL/SR platted lots of less than 0.40 gross acres.
ORC Objection: Between the 3 subdivisions covered by the DCA Settlement Agreements and
located in the RL/SR Tier Ill land use district, there are 30 vacant parcels located within the
County's MIAI) in 60 or higher Day Night Line (DNL), noise zones. Specifically, the receiver sites
include Shark Key (16 parcels), located in 60-65 DNL, Key Haven (6 parcels) located in a 65-70
DNL, and Enchanted Island (8 parcels) in 70-75 DNL. The proposed amendment that would allow
transfer to these sites is inconsistent with the Principles for Guiding Development, specifically
Section 380.0552(7)(h)4 Florida Statutes, which provides that: "State, regional, and local agencies
and units of government in the Florida Keys Area shall coordinate their plans and conduct their
programs and regulatory activities to 'protect the value, efficiency, cost-effectiveness, and amortized
life of existing and proposed major public investments, including Key West Naval Air Station and
other military facilities". The proposed amendment, on its face, would allow the transfer of density
to lots in 65 or greater DNL noise zones and make them buildable. To resolve this unintended issue,
the County should include a prohibition on transferring density into noise levels 65 or greater DNL
within the notes at policy 101.5.25 (m).
ORC Recommendation: The County should amend the policy to include criteria that does not
allow density transfers into lots located within noise zones greater than 65 DNL.
County Response:
Staff is recommending adding to the criteria that TDRs under this provision may not be
transferred into noise zones 65 DNL or greater.
ORC Objection: Development in the MIAI is governed by Goal 108 and its associated objectives
and policies. Policy 108.2.6 provides: "Monroe County will not approve NEW land uses, as
demonstrated on the MIAI Land Use Table through a Future Land Use Map, Text, overlay or L UD
map amendment. " The proposed density transfer amendment creates an internal inconsistency with
densities and maximum net densities included in the MIAI Land Use Table in Policy 108.2.6 by
creating this density transfer mechanism.
Policy 101.5.25 note ml provides that the density transfer is only available to platted lots. This note
should be revised to state that the plat must have been recorded prior to January 2, 1996,
ORC Recommendation: The County should amend the policy to include criteria that does not
allow density transfers into lots located within noise zones greater than 65 DNL.
The criteria under the notes section "m" should be amended to clarify that the receiver site must
File 2016-107 Page 5 of 21
have been located within a plat recorded prior to January 2, 1996, the effective date of the Monroe
County Comprehensive Plan.
County Response:
As a note, the County is not proposing to add any new land uses. The RL/SR designations permit
residential development but the County is proposing to allow the transfer of 1 TDR to attain the
density for 1 dwelling unit. To avoid an inconsistency with Policy 108.2.6, Staff is recommending
adding to the criteria that TDRs under this provision may not be transferred into noise zones
65 DNL or greater, and that the receiver site must be located within a plat recorded prior to
January 2,1996 (the effective date of the Year 2010 Comprehensive Plan).
IV. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
Deletions are shown in red and additions are shown in green and underlined.
Additional changes made in response to DEO's ORC report are shown in red
and green double underline and highlighted in yellow.
Policy 101.5.25
Monroe County hereby adopts the following density and intensity standards for the future land use
categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20
[§ 163.3177(6)(a)1.,F. S.].
Future Land Use Densities and Intensities
Residential tl�
' Nonresidential
Future Land Use
Minimum >
a
Allocated Density
Maximum Net Density
(a) (b)
Maximum Intensity
Category And
Open Space
Ratio (0)
Corresponding Zoning
(per upland acre)
(floor area ratio)
(per buildable acre)
Agriculture/Aquaculture
0 du
N/A
0.25
Per underlying
(A) (d)
0 rooms/spaces
N/A
zoning
(no directly corresponding
zoning)
Airport (AD)
0 du
N/A
0.10
0.20
(AD zoning)
0 rooms/spaces
N/A
Commercial (COMM)
0 du
N/A
0.15-0.50
0.20
(CI and C2 zoning)
0 rooms/spaces
N/A
Conservation (C)
0 du
N/A
0.05
0.90
(CD zoning)
0 rooms/spaces
N/A
Education (E) (d)
0 du
N/A
0.30
Per underlying
(no directly corresponding
zoning
zoning)
0 rooms/spaces
N/A
Industrial (I)
1 du
2 du
0.25-0.60
0.20
(I and MI zoning)
0 rooms/spaces
N/A
Institutional (INS) (d)
0 du
N/A
Per underlying
File 2016-107 Page 6 of 21
(no directly corresponding
0.30
zoning
zoning)
15 rooms/spaces
24 rooms/spaces
Mainland Native (MN)
0.01 du
N/A
0.95-0.99
(MN zoning)
2 spaces(e)
N/A
0.03
Military (M)
6 du
12 du
0.30-0.50
0.20
(MF zoning)
10 rooms/spaces
20 rooms/spaces
Mixed Use/Commercial
1 du (DR, MU, MI)
2 du (MI)
0.10-0.45
(MC)(O(g)
3 du (SC)
6-18du (SC) (k)
(SC, UC, DR, MU)
(SC, UC, DR, RV, MU
6 du (UC)
12 du (UC)
0.20
and
Commercial Apartments
12-18 du (MU) (k)
<2,500 SF (RV)
MI zoning)
(RV) (h)
18 du (DR)
0.30-0.60 (MI)
5-15 rooms/spaces
10-25 rooms/spaces
Mixed Use/Commercial
1 du
12 du (CFA, CFSD)
Fishing (MCF)(f)
(CFSD-20)(')
(CFA, CFV, CFSD
3 du (CFA, all other
0.25-0.40
0.20
zoning)
CFSD)
1 du/lot (CFV)
N/A (CFV)
0 rooms/spaces
N/A
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)
L)
zoning)
or
<2500 SF_(SI )
1 du/lot (SR)(m)
0.80 (SS)
0 rooms/spaces
N/A (SS)
N/A
Residential Medium
1 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)(k)
(IS -DO), URM, URM-L
Idu/lot (URM, URM-L)
N/A (IS-D, URM,
and UR zoning)
2 du/lot (IS-D)
URM-L)
0
0.20
File 2016-107 Page 7 of 21
0-10 rooms/spaces 1 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 tF of
+-d 1.,+, ;_ +1,-.. CD A;,+_;_+ i--- r--+- +- i \.1 1.,..,\ �,, �..., �1,,;:11 ,..,� I d.,A, +-A r .,_
uvaaoacT va.uvuaucaoaa� ilia vliltv_w ao Lo aaa uav `.. Ol" uxouavc koV3 aoouavv— kill; Lvao .. %,.�Paaaa cspiisvv csaau.za aaoc Uv uvuuvwu aaoaa
(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.
(t) 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 of less than 0.40 gross
acres 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 prior to January
2, 1996;
2) - etc.),
3)_The platted lot must have a Tier designation of Tier III,
File 2016-107 Page 8 of 21
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;
6)l TDRs under this provision may not be transferred into noise zones of 65 DNL or greater, and
7)_The subject parcel must comply with Policy 301.2.5 regarding legal access.
V. ANALYSIS OF PROPOSED AMENDMENT
Within unincorporated Monroe County, there are approximately 35 platted subdivisions that are
either partially or entirely within SR zoning districts and have RL FLUM designations. These
subdivisions were designated SR with the adoption of the land use district map in 1986 and RL with
the adoption of the FLUM in 1993 (effective 1997). Monroe County's current adopted
Comprehensive Plan and LDC have residential density regulations for the RL FLUM and SR zoning
districts that require a site to have more land than a typical platted subdivision lot would have in
order to build a single residential dwelling unit. Owners of vacant land within these subdivisions are
often unable to develop a single family dwelling unit on a single platted lot.
The 1986 Land Development Regulations also established the purpose of the Suburban Residential
(zoning) District and density standards.
Sec. 9--107, Ptlrpse of the Sub Urban Residential District (SR)
The purposes of this district is to establish areas of
low to medium density residential uses characterized principally
by single-family detached dwellings. This district is predom-
inated by development; however, natural and developed open space
create an environment defined by plants, spaces and over -water
views,
See_ 5-109. Purpose of the Sub Urban Residential District
tLtmited)
The purpose of this district is to establish areas of
exclusive low to medium density residential uses.
DI V I S ION 3. LAND USE' I NTENS IT IE S
Sec. 9-201. Land Use Intensity_.
No structure or land in Monroe County shall.hereafter be
developed, used or occupied at an intensity or density greater
than the standards set out In this Division. No density shall be
allocated for any land designated as mangroves on the Existing
Conditions Map.
File 2016-107 Page 9 of 21
Sec. 9-302. Marirtum Residential Density and District 92en
LAND USE
DI SIRI Cr AND tE
URBAN MMW IAL
LERW FES LUENTI AL
WEM RES ICW I.1LAUB I LE
Fob
SLTREiW 00vVEFC i AL
KTXX I RES I EEN-r I AL
SLBURMN RESRENTIAL (LTD)
SPARSELY SETTLED
NATIVE
Wngroves
Fresbwater Wetlands
Transitional Habitats
Sear ified{Disturbed
Hmmoc ks
HeadsMerm
Pine1Grids
WIN I FM IZZFMAIA��
fESTINATICti BEST
LICIM INEU=
MARITM INMSIRY
1AI_
LIILITAIY 1~ACILITIES
DISTRICT -
P DI9MICF
r1lU-�1lLL/
NET
IEm 1w
DENS I `I'Y
,
(IUfOLcre
(M/AcW'
D.S.R*
6.0
12.0
.2
6.0
12.0
.2
5.0
7 A
.2
3.0
6.0
0
1.0
10.0
.5
1.0
3.0
0
.5
6.0
.8
0
0
1.0
.2
0
1.0
.3
5.0
.85
.5
5.0
.6
.5
5.0
.8
.5
5.0
.9
.5
5.0
.8
.01
1.0
.99
.1
2.0
.95
See Section
9-303
3.0
12.ff
.2
1.0
18.0
.2
6.5
12.0
0
6.0
12.0
0
1.0
12.0
.2
610
0.5
12.0 .2
5.0 0.9
* See additional open space ratios in Chapter 9 Division 8; in accordance
with Section 2-I01A, the mst restrictive of these ratios applies.
File 2016-107 Page 10 of 21
In 2003, the BOCC adopted Ordinance 41-2003, to revise the maximum net density and open space
standards to remove existing inconsistencies between Monroe County Comprehensive Plan and
Land Development Regulations:
BACKGROUND
The Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use
densities and intensities as delineated in Policy 101.4.21. The Monroe County Land
Development Regulations (LDR) were codified prior to the Year 2010 Comprehensive Plant
therefore certain inconsistencies exist between the two documents. Section 9.5-262 of the LDR,
entiticd "Maximum residential density and district open space" contains some inconsistencies
with regard to the densities and intensities set forth in the Comprehensive Plan. Furthermore, the
existing text for 9.5-262 indicated that there was no "planning" open space for the Suburban
Commercial, Improved Subdivision, Industrial and Maritime Industry zoning districts. This has
been amended to indicate a 0.2 open space ratio, which is consistent with Division 8
Environmental Open Space Ratios. The existing text also includes seven (7) sub -categories
under the Native zoning. Staff recognized that the sub -categories were types of "habitat" rather
than land use districts and are also listed in Division 8 therefore they have been eliminated from
the text of 9.5-262 to avoid redundancy. Finally, pursuant to Ordinance 003-2002 the new
density bonuses for affordable and employee housing in the Urban Residential, Suburban
Commerciai and Mixed Use zoning districts have also been incorporated into this text
amendment,
ANALYSIS
Monroe County is designated as an "Area of Critical State Concern" and as such is governed by
Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the
Florida Statutes. The Year 2010 Comprehensive Plan has been deemed to he consistent with 9J-
5, 9J-12, and 163_ Therefore, any Land Development Regulations that are -1 neon si stent with the
Comprehensive Plan arc inconsistent with the aforernentioned chaptrrs of the F.A.0 and the
Florida Statutes. Pursuant to 9J-5_006(3)� c)7 the Comprehensive Plan shall establish standards
for densities and intensities of usr for cash future land use category An amendment to Section
9.5-262 would remove any existing inconsistencies with regard to the Cornprehensi�c Plan. By
removing these inconsistencies the P[win ing Department will further the foIIoutng Principles for
Guidmg Ievelopment
• To strengthen local govcrrunent capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation; and
• To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife and their habitats; and
• To protect upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation, dune ridges and beaches, wildlife and their habitat; and
• To limit the adverse impacts of development on the quality of water throughout the
Florida Keys.
File 2016-107 Page 11 of 21
Section 9.5-262 additions and deletions shown in underline and strikethrough format
Section 9.5-262.
Maximum residential density and district open space
Land use
Allocated
Maximum net
Open space
District
densiry7
density
ratio
DUlacre
DUlbuildable area
Urban Commercial
6.0
110
0.2
Urban Residential
6.0
110
0,2.
(Affordable housing)
6.0
25,0
D
(Employee housing)
6,0
25.0
_ _
0.2
Urban residential
. --
Mobile Horne (URM)
5-4- 1!lot
� 0
0.2
Mobile Home Parks
per 9.5- -16
5.0
7.0
0,2
URM-Limited
111ot
0
0,2
Suburban Commercial
3.0
6,0
0.2
Em 10 ee housiin
3.0
15.0
0.2
Suburban Residential
} 0_5
5.00
0_5
Suburban residential LTD
+ 005
3,{1
0-5
Per Policy 101.5.25 of the Comprehensive Plan, the allocated density for the RL FLUM and SR
zoning district is 0.50 dwelling units per acre, which would require a parcel to have two (2) acres
of upland to meet the allocated density standard for a single proposed dwelling unit. This is
consistent with LDC Section 130-157, which gives an allocated density of 0.50 dwelling units per
acre to the SR zoning district.
Both the Comprehensive Plan and the LDC also include maximum net density provisions, which
allow development at a higher density with the use of transferable development rights (TDRs) and/or
for development of affordable housing. Per Policy 101.5.25, within the RL FLUM and SR zoning
district, the maximum net density is 5.0 dwelling units per buildable acre. As defined in the glossary
of the Comprehensive Plan, Buildable Acre means the upland portion of a parcel that is not required
open space. Also referred to as Buildable Area. The buildable acreage of a site is therefore
calculated by subtracting required open space from the gross acreage of a site. Per Policy 101.5.25,
the required open space ratio for parcels designated as RL FLUM is 0.50.
File 2016-107 Page 12 of 21
Therefore, a parcel would need to have a gross area of 0.40 acres of upland to meet the
maximum net density requirement for a single proposed dwelling unit ([0.40 gross acres (0.40
x 0.50 open space ratio)] x 5.0 du/buildable acre 1.0 dwelling unit). This is consistent with the
maximum net density provisions for the SR zoning district in LDC Section 130-157.
The typical size of platted lots within the County's SR subdivisions is much less than 2 acres, and
less than 0.40 acres as well: a typical 50' x 100' lot contains 5,000 sf, which is 0.11 acres. As shown
in the "Example Calculations" table on the following page, a lot of this size within an SR zoning
district would only be able to build 0.055 dwelling units under the allocated density; under the
maximum net density standard, a lot of this size would only be able to build 0.275 dwelling units.
Although lot sizes vary between platted subdivisions, the majority of platted lots within SR zoning
districts do not meet the allocated or the maximum net density requirements for development of a
single family residence.
Staff has developed the proposed amendment to allow Tier III platted lots in subdivisions with SR
zoning to develop one dwelling unit per platted lot under maximum net density with the transfer of
one (1) full TDR to the SR site. Such lots would be required to meet all requirements for TDRs
under Comprehensive Plan Policy 101.13.3 and LDC Section 130-160. The use of TDRs would
require the retirement of development rights for one (1) dwelling unit of density on an eligible TDR
sender site.
Staff also recommends that parcels eligible for the I du/lot maximum net density option must have
sufficient legal access meeting the requirements of Policy 301.2.5, which states, in order to proceed
with development, a parcel shall have legal access to public or private roads, rights of way or
easements or such access shall be established.
Based on the ORC report from DEO (discussed earlier in this staff report — see pages 3-6), staff is
also recommending eliminating language under footnote (b) that was proposed at the time of
transmittal; limiting the proposed maximum net density provision to RL/SR platted lots of less than
0.40 gross acres; limiting the proposed maximum net density provision to RL/SR platted lots that are
shown on a plat recorded prior to January 2, 1996 (the effective date of the 2010 Comprehensive
Plan); and prohibiting the transfer of TDRs under this provision into noise zones of 65 DNL or
greater. Changes made after transmittal based on the ORC report are highlighted in yellow below.
Future Land Use Densities and Intensities
Residential l> >
Nonresidential
Minimum
Open Space
Future Land Use
Ratio (°)
Category And
g �3'
Allocated Density a >
Maximum Net Density
(a) (,)
Maximum Intensity
Corresponding Zoning
(per upland acre)
r
(per buildable acre)
(floor area ratio)
Residential Low (RL)
0.50 du
3 du (SR-L)
0.25
0.50 (SR, SR -
(SS, SR, and SR-L
5 du (SR)
L)
zoning)
or
250 0- SF ( S TR N
1 du/lot (SR)(m)
0.80 (SS)
0 rooms/spaces
N/A (SS)
N/A
File 2016-107 Page 13 of 21
(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. "NIX' 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 tF ww��vnll�rkcnc of net
+-d 1.,+, ;_ +1,-.. CD A;,+_;_+ /�.,:., r--+- +- i \.l> 1-, \ �,, �..., �1,,;:11 ,..,� I d.,A, +-A r .,_
uvaaoacT va.uvuaucaoaa� ilia vliltv_w ao Lo aaa uav `.. Ol" uxouavc koV3 aoouavv— kill; Lvao .. %,.'LPaaaa cspiisvv csaau.za aaoc Uv uvuuvwu aaoaa
(m) Within the Residential Low future land use category, the maximum net density for platted lots of less than 0.40 gross)
acres 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. prior to,
January 2, 1996„
2)
3)_The platted lot must have a Tier designation of Tier I11,
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,
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater: and
7)_The subject parcel must comply with Policy 3.01.2.5 regarding legal access.
The table below illustrates how, under current density regulations, a typical 50'x100' platted lot
would not meet the allocated density or maximum net density requirements to build a single
dwelling unit on a single lot; and how, under the proposed amendment, a platted lot would be able to
develop a single dwelling unit on a single platted lot under the maximum net density standard and
with the transfer of one full TDR to the parcel.
Example Calculations for a Typical Platted Lot in SR Zoning
Parcel Info
Platted Lot Size (typical)
50' x 100' (5,000 sf)
Gross Acreage
0.11 acres
Required Open Space Ratio (SR Zoning)
0.50 (50%)
Allocated Density
Allocated Density Standard (SR Zoning)
0.5 du/gross acre
Maximum Development Potential
0.055 du
Max Net Density
Current
Regulations
Proposed Regulations
5.0 du/Buildable Acre
Maximum Net Density Standard
5.0 du/Buildable
or 1 du/ lot*
(SR Zoning)
Acre
* the maximum net density may
only be reached with the transfer of
one (1) full TDR to the SR lot
File 2016-107 Page 14 of 21
Buildable Acreage
(0.11 gross acres —0.055 acres required open
space)
0.055 acres
1 lot
Maximum Development Potential
(must use TDRs to make up the difference between
0.275 du
1.0 du with the transfer of 1 TDR
allocated maximum development potential and
proposed # of dwelling units)
N/A
(development
1.0 TDR
TDRs needed to build one dwelling unit
potential using
(must find an eligible sender site with
max net density is
at least 1 du of allocated density)
still less than 1 du)
Preliminary analysis of platted lots with SR zoning indicates that approximately 136 parcels that do
not meet the minimum density requirements for a single dwelling unit under current regulations
would be eligible to transfer a TDR to the parcel under the proposed policy and obtain enough
density to develop a single family residence. Of these, approximately 34 are privately owned and
currently vacant according to the Property Appraiser's data. Maps of the potentially eligible sites are
attached as Exhibit 3.
As discussed in the County's response to the ORC report (see page 3 of this staff report), of these 34
parcels, 14 private, vacant RL/SR/Tier III lots are within the Key Haven Estates subdivision and 16
private, vacant RL/SR/Tier III lots are within Shark Key. These 30 parcels are not affected by the
amendment based on previous development approvals.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying
capacity of the natural and man-made systems and the growth capacity while maintaining a
maximum hurricane evacuation clearance time of 24 hours.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance
the character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map.
File 2016-107 Page 15 of 21
Policy 101.5.2
The principal purpose of the Residential Low (RL) future land use category is to provide for low -
density residential development in partially developed areas with substantial native vegetation.
Low intensity public and low intensity institutional uses are also allowed.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the following
transfer conditions:
Sender Site Criteria:
1. Property has development rights to transfer, and
2. Located in a Tier I, II, III -A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
• Liveable CommuniKeys Community Centers shall be encouraged as receiving
areas for transfer of development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.)
4. Located within a Tier III designated area; and
5. Is not located within a designated CBRS unit.
Goal 102: Monroe County shall direct future growth to lands which are most suitable for
development and shall encourage conservation and protection of environmentally sensitive lands
(wetlands, beach berm and tropical hardwood hammock).
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County, except for the
Ocean Reef planned development, into three general categories for purposes of its Land
Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction
Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes,
general characteristics, and growth management approaches associated with each tier are as
follows:
1. Natural Area (Tier I): Any defined geographic area where all or a significant
portion of the land area is characterized as environmentally sensitive by the policies
of this Plan and applicable habitat conservation plan, is to be designated as a
Natural Area. New development on vacant land is to be severely restricted and
privately owned vacant lands are to be acquired or development rights retired for
File 2016-107 Page 16 of 21
resource conservation and passive recreation purposes. However, this does not
preclude provisions of infrastructure for existing development. Within the Natural
Area designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including isolated platted
subdivisions; and privately -owned vacant lands with sensitive environmental
features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on
Big Pine Key and No Name Key, where scattered groups and fragments of
environmentally sensitive lands, as defined by this Plan, may be found and where
existing platted subdivisions are not predominately developed, not served by
complete infrastructure facilities, or not within close proximity to established
commercial areas, is to be designated as a Transition and Sprawl Reduction Area.
New development is to be discouraged and privately owned vacant lands acquired
or development rights retired to reduce sprawl, ensure that the Keys carrying
capacity is not exceeded, and prevent further encroachment on sensitive natural
resources. Within a Transition and Sprawl Reduction Area are typically found:
scattered small nonresidential development and platted subdivisions with less than
50 percent of the lots developed; incomplete infrastructure in terms of paved roads,
potable water, or electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing platted
subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a significant portion of
land area is not characterized as environmentally sensitive as defined by this Plan,
except for dispersed and isolated fragments of environmentally sensitive lands of
less than four acres in area, where existing platted subdivisions are substantially
developed, served by complete infrastructure facilities, and within close proximity
to established commercial areas, or where a concentration of nonresidential uses
exists, is to be designated as an Infill Area. New development and redevelopment
are to be highly encouraged, except within tropical hardwood hammock or pineland
patches of an acre or more in area, where development is to be discouraged. Within
an Infill Area are typically found: platted subdivisions with 50 percent or more
developed lots situated in areas with few sensitive environmental features; full
range of available public infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other nonresidential uses within
close proximity. In some Infill Areas, a mix of nonresidential and high -density
residential uses (generally 8 units or more per acre) may also be found that form a
Community Center.
Policy 108.2.6
For any application received after the effective date of this policy, within the MIAI overlay,
Monroe County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table
(permitted uses shown in Column #2), through a Future Land Use Map, Text, overlay or LUD
map amendment.
File 2016-107 Page 17 of 21
The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1)
as of the effective date of this policy and includes the permitted uses (Column 2), allocated
density per acre (Column 3), maximum net density per buildable acre (Column 4), the floor area
ratio (Column 5), and corresponding zoning category (Column 6) within each FLUM category
located within the MIAI boundary. Further the MIAI Land Use Table provides land uses located
within the 65-69 DNL Noise Zone 2 and NASKW's suggested land use compatibility within this
noise zone. The table includes land uses allowed (Column 7), land uses allowed with restrictions
(Column 8), land uses that are generally incompatible but allowed with exceptions (Column 9)
and the land uses that are not compatible and should be prohibited. Column 11 provides notes
associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be permitted
based upon existing the provisions adopted within the Comprehensive Plan. (Ord. 012-2012,
DEO 12-IACSC-NOI-4401-(A)-(I), Effective date of July 19, 2012)
Goal 205: The health and integrity of Monroe County's native upland vegetation shall be
protected and, where possible, enhanced.
Objective 205.1
Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2.
Policy 205.1.1
The County shall establish the following criteria, at a minimum, to use when designating Tiers
Land located outside of Big Pine Key and No Name Key shall be designated as Tier I
based on following criteria:
• Natural areas including old and new growth upland native vegetated areas, above
4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated by appropriate special species studies, between natural areas and
development to reduce secondary impacts; canals or roadways, depending on size
may form a boundary that removes the need for the buffer or reduces its depth.
• Lands designated for acquisition by public agencies for conservation and natural
resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future
Land Use Map or within a buffer/restoration area as appropriate.
• Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
accordance with the wildlife habitat quality criteria as defined in the Habitat
Conservation Plan for those islands.
3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier
I shall be designated Tier III.
File 2016-107 Page 18 of 21
4. Designated Tier III lands located outside of Big Pine Key and No Name Key with
tropical hardwood hammock or pinelands of one acre or greater in area shall be
designated as Special Protection Areas.
Lands within the Ocean Reef planned development shall be excluded from any Tier
designation.
Policy 301.2.5
In order to proceed with development, a parcel shall have legal access to public or private roads,
rights of way or easements or such access shall be established.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
File 2016-107 Page 19 of 21
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
File 2016-107 Page 20 of 21
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
authority.It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an
area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
VIL PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VIIL STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment to Policy 101.5.25.
IX. EXHIBITS
1. Proposed corresponding Land Development Code amendment.
2. Objections, Recommendations and Comments Report, DEO, dated January 30, 2107.
3. Maps of potentially eligible parcels.
File 2016-107 Page 21 of 21
EXHIBIT 1 TO STAFF REPORT
PROPOSED CORRESPONDING
LAND DEVELOPMENT CODE TEXT AMENDMENT
Deletions are shown in red and stric'.ivn through; additions are shown in green and underlined.
Sec. 130-157. Maximum permanent residential density and minimum required open space.
The maximum permanent residential density for those uses permitted by this chapter and minimum
required open space shall be in accordance with the following table:
Maximum Permanent Residential Density
and Minimum Open Space
Allocated Density(a)(')
Maximum Net
Minimum
Land Use District
DU/Gross Acre of
Density(a)(')(c)
Open
Upland
DU/Buildable Acre
Space
Ratio
Airport (AD)
0
N/A
0.20
Commercial 1 (C1)
0
N/A
0.20
Commercial 2 (C2)
0
N/A
0.20
Commercial Fishing Area
3
12(e)
0.20
(CFA)
Commercial Fishing
CFSD-20: 1
CFSD-20: N/A
0.20
Special District (CFSD)
Other CFSDs: 3
Other CFSDs: 12(e)
Commercial Fishing
1/lot
N/A
0.20
Village (CFV)
Conservation (CD)
0
N/A
0.90
Destination Resort (DR)
1.0
18.0(e)
0.20
Improved Subdivision
1/lot
0
0.20
(IS)
Improved Subdivision —
2/lot
0
0.20
Duplex (IS-D)
Industrial (I)
1.0
2.0
0.20
Mainland Native Area
0.01
N/A
0.99(g)
(MN)
Maritime Industries (MI)(')
1.0
2.0(e)
0.20
Military Facilities (MF)
6.0
12.0
0.20
x
LU
E
Mixed Use (MU)
1.0
12.0(e)
0.20
Native Area (NA)
0.25
N/A
0.95 (d)
Offshore Island (OS)
0.1
N/A
0.95
Park and Refuge (PR)
0
N/A
0.90
Preservation (P)
0
N/A
1.00
Recreational Vehicle (RV)
00)
N/A
0.20
Sparsely Settled
0.5
N/A
0.80
Residential (SS)
Suburban Commercial (SC)
3.0
TDRs: 6.0(e)
Affordable: 18.0(')
0.20
Suburban Residential (SR)
0.5
or 5.lot0 0)
I/
0.50
Suburban Residential
0.5
3.0
0.50
(Limited) (SR-L)
Urban Commercial (UC)
6.0
12.0(e)
0.20
Urban Residential (UR)
6.0
TDRs: 12.0
0.20
Affordable: 25.0
Urban Residential --Mobile
1/lot
N/A
0.20
Home (URM):
Mobile Home Parks per
5.0
7.0
0.20
Section 101-1
Urban Residential Mobile
1/lot
N/A
0.20
Home -Limited (URM-L)
(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) Vessels, including live -aboard vessels or associated wet slips, are not considered dwelling units and
do not count when calculating density.
(c) Maximum Net Density is the maximum density allowable with the use of the 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.
(d) Additional open space requirements may apply based on environmental protection criteria - see
additional open space ratios in Chapter 118. In accordance with section 10 1 -2(l), the most
restrictive of these ratios applies.
(e) 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 net
density bonuses shall not be available.
(f) Per Policy 10 1.5.25, the allocated density for the CFSD-20 land use district (Little Torch Key) shall
be I dwelling unit per acre, or I -dwelling unit per parcel for those parcels existing as of September
I
E
E
X
Z
X
U)
0
CL
CL
E
0
U
M
C14
M
r_
Q
E
E
W
ca
0
0
0
U)
0
X
LU
E
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).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential uses. For
campground and nonresidential uses within the MN zoning district, the minimum open space ratio
is 0.95, as shown in the density and intensity tables in Sections 130-162 and 130-164.
(h) 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 of the Comprehensive Plan.
(i) Per Section 130-92(a)(4), in the RV zoning district, commercial apartments shall be the only
permanent residential use allowed, not to exceed 10% of total RV spaces allowed or in existence on
the site, whichever is less.
(0 ___ Within the SR zoning district, the maximum net density for platted lots of less than 0.40 gross acres
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 prior to January 2, 1996
2) The platted lot may not be identified for any other
3) Theplatted lot must have a Tier designation of Tier IIl
4) Notwithstanding Section 130-160, the maximum net density_ may only be reached with the
transfer of one (1) full TDR to the SR lot_ reszardless of the size of the lot and the allocated
density assigned to it,
5) The_TDR must meet all requirements and procedures specified in Section_130-160,
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;
and .... _ _ _ _
7) The subject parcel must comply with Policy_ 301.2.5 of the Comprehensive Plan regarding
legal access.
x
LU
E
Exhibit 2 to Staff Repo
Rick Scott Cissy Proctor
GOVERNOR J EXECUTIVE DIRECTOR
FLORIDA of
ECONOMIC
January 30, 2017
The Honorable George Neugent
Mayor, Monroe County
Board of County Commissioners
25 Ships Way
Big Pine Key, FL 33043
Dear Mayor Neugent:
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 16-5ACSC), which was
received and determined complete on December 5, 2016. We have reviewed the proposed
amendment in accordance with the state coordinated review process set forth in Sections
163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S.
Review comments received by the Department from the appropriate reviewing agencies are
also enclosed.
The attached Objections, Recommendations, and Comments Report outlines our
findings concerning the amendment. We have identified objections and have included
recommendations regarding measures that can be taken to address the objection.
The City should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the
second public hearing is not held within 180 days of your receipt of the Department of
Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by
agreement with notice to the Department of Economic Opportunity and any affected party that
provided comment on the amendment. For your assistance, we have enclosed the procedures
for final adoption and transmittal of the comprehensive plan amendment..
Florida Department of Economic Opportunity � Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245.7105 1 www.flr)ridajobs.org
www.twitter.com/FLDEO 1www.facebook.com/FLDE0
An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711.
The Honorable George Neugent
January 30, 2017
Page 2 of 2
If you have any questions related to this review, please contact Barbara Powell, at (850)
717-8504, or by email at Barbara.Powell@deo.myflorida.com.
Sincerely,
�Jmes D. 5tansb
/ Bureau of Community Planning
JS /bep
Enclosures: Procedures for Adoption
Agency Comments
Objections, Recommendations, and Comments Report
cc: Ms. Mayte Santamaria, Senior Director, Planning and Environmental Resources, Monroe
County
Ms. Isabel Cosio Carballo, Executive Director, South Florida Regional Council
w 0 a
Department staff identified the following objections and comments. If the county adopts the
amendment without addressing the objections, the Department may find the amendment not
in compliance pursuant to Section 163.3184(4)(e)4, Florida Statutes (F.S.).
Monroe County is proposing an amendment under Policy 101.5.25 (Future Land Use Densities
and Intensities) that would allow the transfer of density from any sender site in any land use
district that is a buildable lot. The density transfer would go to a receiver site located within
Residential Low (RL) /Suburban Residential (SR) zoning category (I dwelling unit per 2 acres of
land) and designated Tier III (lacking environmentally sensitive habitat and containing complete
infrastructure). The transfer of density mechanism could apply to approximately 34 lots within
the RL/SR/Tier III that do not have sufficient land area to develop. The applicant will be
required to transfer one full density credit from a sender site and extinguish the development
rights on the sender site. This would enable a "receiver" lot that contains, for example is
approximately 5,500 square feet, but is located in a land use that requires two acres (87,120
square feet) to develop one house.
The Department objects to the proposal because the amendment is not supported by adequate
data and analysis and is not meaningful and predictable; is internally inconsistent and is
inconsistent with the Principles for Guiding Development.
Lack of data and analysis
Initially, the County submitted the number of lots that would be affected by the proposed
amendment. At our request, we were sent a map of the potential 34 RL/SR/ Tier III receiver
sites that meet the criteria being proposed. This information was not presented to the
commenting agencies or to the public. In reviewing the maps of the receiver sites, portions of 3
of the receiver site subdivisions had been subjects of litigation with DCA (Shark Key, Enchanted
Island and Key Haven), and within the Military Installation Area Impact (MIAI). Based on the
information provided by the County, the effect of the amendment of the MIAI is unclear.
Not meaningful and predictable
In certain land uses there are two density calculations available, allocated density and
maximum net density. Allocated density is calculated on the gross upland acreage. Maximum
net density is calculated on the buildable area which is the upland portion less open space. The
current plan allows transfer of density into the RL land use district, but 50% open space is
deducted at the receiver site for the purposes of density calculation. It is not clear, however,
under policy 101.5.25 note b where a statement has been added which states "for the purposes
of max net density calculations for platted lots in the SR district (see footnote (m) below), open
space shall not be deducted from the area of the site." If this statement is intended only for the
parcels meeting the criteria in footnote (m), RL/SR and Tier III, it is not clear why this note is
necessary if the density on the receive site is 1 unit per lot rather than measure density per
buildable acre. Also this language only mentions SR zoning and should include the terms
RL/SR/Tier Ili lots in the event that lots have been zoned SR and do not have a RL Future Land
Use designation.
inconsistent with Principles for Guiding Development
Between the 3 subdivisions covered by the DCA Settlement Agreements and located in the
RL/SR Tier III land use district, there are 30 vacant parcels located within the County's MIAI) in
60 or higher Day Night Line (DNL), noise zones. Specifically, the receiver sites include Shark Key
(16 parcels), located in 60-65 DNL, Key Haven (6 parcels) located in a 65-70 DNL, and Enchanted
Island (8 parcels) in 70-75 DNL. The proposed amendment that would allow transfer to these
sites is inconsistent with the Principles for Guiding Development, specifically Section
380.0552(7)(h)4 Florida Statutes, which provides that: "State, regional, and local agencies and
units of government in the Florida Keys Area shall coordinate their plans and conduct their
programs and regulatory activities to "protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public investments, including Key West Naval Air
Station and other military facilities". The proposed amendment, on its face, would allow the
transfer of density to lots in 65 or greater DNL noise zones and make them buildable. To
resolve this unintended issue, the County should include a prohibition on transferring density
into noise levels 65 or greater DNL within the notes at policy 101.5.25 (m).
Internally inconsistent
Further, development in the MIAI is governed by Goal 108 and its associated objectives and
policies. Policy 108.2.6 provides: "Monroe County will not approve NEW land uses, as
demonstrated on the MIAI Land Use Table through a Future Land Use Map, Text, overlay or LUD
mop amendment." The proposed density transfer amendment creates an internal inconsistency
with densities and maximum net densities included in the MIAI Land Use Table in Policy 108.2.6
by creating this density transfer mechanism.
Policy 101.5.25 note m1 provides that the density transfer is only available to platted lots. This
note should be revised to state that the plat must have been recorded prior to January 2 1996
Authority: Section 163.3177(1), (1)(f), (2), (4)(a), (6)(a)2.f., Florida Statutes; Section
380.0552(7)(h)4., Florida Statutes
Recommendation: The County should include a full analysis as to the impacts of the new policy
with their adopted amendment. The County should amend the policy to include criteria that
does not allow density transfers into lots located within noise zones greater than 65 DNL. The
criteria under the notes section "m" should be amended to clarify that the receiver site must
have been located within a plat recorded prior to January 2 1996 the effective date of the
Monroe County Comprehensive Plan. The County should revise the policy 101.5.25 note b to
clarify that the open space calculation waiver is only available to lots in the RL/5R/Tier Ili found
under footnote (m) or eliminate the note if it is not necessary.
SUBMITTAL OF
ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
May 2011
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all
comprehensive plan materials, of which one complete paper copy and two complete electronic
copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and
one copy to each entity below that provided timely comments to the local government: the
appropriate Regional Planning Council; Water Management District; Department of
Transportation; Department.of Environmental Protection; Department of State; the appropriate
county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and
the Department of Agriculture and Consumer Services (county plan amendments only); and the
Department of Education (amendments relating to public schools); and for certain local
governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
_ _ State Land Planning Agency identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but
not adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that
provided timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government
contact;
Letter signed by the chief elected official or the person designated by the local
government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the
amendment package:
In the case of text amendments, changes should be shown in strike-through/underline
format;
Eubanks,
From: Manning, Terese <tmanning@sfwmd.gov>
Sent: Wednesday, December 21, 2016 1:42 PM
To: DCPexternalag encycomments
Cc: Mayte Santamaria (Santamaria-Mayte@MonroeCounty-FL.Gov); Jetton, Rebecca; Isabel
Cosio Carballo (isabelc@sfrpc.com); Isabel Moreno
Subject: Monroe County Proposed Comprehensive Plan Amendment #16-5ACSC
Dear Mr. Eubanks:
The South Florida Water Management District (District) has completed its review of the proposed amendment package
from Monroe County (County). The package includes one Future Land Use Text Amendment to establish maximum
net density of land uses in certain Residential Low Land Use situations. There appear to be no regionally significant
water resource issues; therefore, the District forwards no comments on the proposed amendment package.
The District offers its technical assistance to the County and the Department of Economic Opportunity in developing
sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources.
Please forward a copy of adopted amendments to the District. Please contact me if you need assistance or additional
information.
Sincerely,
Terry Manning, Policy and Planning Analyst
South Florida Water Management District
Water Supply Implementation Unit
3301 Gun Club Road, MSC 4222
West Palm Beach, FL 33406
Phone: 561-682-6779
Fax: 561-681-6264
E-Mail: tmanning@sfwmd.gov
Eubanks, Ray
From: Plan -Review (Shared Mailbox) <Plan.Review@dep.stateJl.us>
Sent: Thursday, December 22, 2016 12:42 PM
Eubanks, Ray, DCPexternalagencycomments
Subject: Monroe County 16-5ACSC Proposed
To: Ray Eubanks, DEO Plan Review Administrator
Re. Monroe County 16-5ACSC — State Coordinated Review of Proposed Comprehensive Plan Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental Protection
(Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163,
Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to
important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters
of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails,
conservation easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no provision that, if
adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction.
Feel free to contact me at Suzanne. e.ray(iD,dep. state, fl.us or (850) 717-9037 for assistance or additional
information. Please send all amendments, both proposed and adopted, to plan.review de .state.fl.us or
Florida Department of Environmental Protection
Office of Intergovernmental Programs, Plan Review
2600 Blair Stone Rd. MS 47
Tallahassee, Florida 32399-2400
RICK
TT
R O
GOVERNOR
1000 NW l l i Avenue JIM soxoLv
cav
Miami, F=ll 33172 SECRETARY
December 15, 2016
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
Dear Mr. Eubanks:
The Florida Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Plan Amendment, Monroe County #96-5ACSC. The District
has reviewed the amendment package per Chapter 163 of the Florida Statutes and has
found no impacts to transportation resources of State importance.
Please contact me at 305-470-5445 if you have any questions concerning our
response.
Sincerely,
Kenneth Je ries
Transportation Planner
Cc: Harold Desdunes, ., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida I Department of Transportation, District 6
Lisa Colmenares, AICP, Florida Department of Transportation, District 6
Mayte Santamaria, Monroe County
Karen Hamilton, South Florida Regional Council
Isabel Morena, South Florida Regional Council
www.dot.state.ff,us
Eubanks,
From: Night, Jason <Jason.Hight@MyFWC.com>
Sent: Monday, December 12, 2016 10:05 AM
To: santamaria-mayte@monroecounty-fl.gov; DCPexternalagencycomments
Cc: Raininger, Christine; Wallace, Traci; Chabre, Jane
Subject: Monroe County 16-5ACSC (Res. 272-2016)
Ms. Santamaria:
Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the proposed comprehensive
plan amendment in accordance with Chapter 163-3184(3), Florida Statutes. We have no comments,
recommendations, or objections related to fish and wildlife or listed species and their habitat to offer on this
amendment.
If you need any further assistance, please do not hesitate to contact Jane Chabre either by phone at (850) 410-
5367 or by email at FWCConservationPlannin Services M yFWC.com. If you have specific technical
questions, please contact Christine Raininger at (561) 8 82-5 811 or by email at
Cluistine.Rainin er M FWC.com.
Sincerely,
Jason Hight
Biological Administrator II
Office of Conservation Planning Services
Division of Habitat and Species Conservation
620 S. Meridian Street, MS 5B5
Tallahassee, FL 32399-1600
(850) 228-2055
Monroe County 16-5ACSC 32040
OFMC& OF TM COMMSSIONER � Po
(850) 617-9700 r
THE CAPITOL
400 SOUTH MONAOE STRXET
TALLAHASSEE, Fi,=DA 32399-0800
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER A.DAM H. PUTNAM
December 21, 2016
VIA EMAIL(Santamaria-mayte@monroecounty-fl.gov)
Monroe County Planning and Environmental Resources
Ms. Mayte 5antamaria
2798 Overseas highway, Suite 410
Marathon, Florida 33050
Rea DACS Docket # -- 20161205-839
Monroe County Policy 101.5.25
Submission dated November 39, 2016
Dear Ms. Santamaria:
The Florida Department of Agriculture and Consumer Services (the "Department") received the above -
referenced proposed comprehensive plan amendment on December 5, 2016 and has reviewed it
pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to
important state resources or facilities related to agricultural, aquacultural, or forestry resources in
Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission,
the Department has no comment on the proposal.
If we may be of further assistance, please do not hesitate to contact me at 950-410-2289.
Sincerely,
Stor*enWil ht
Sr. Management Analyst
Office of Policy and Budget
cc. Florida Department of Economic Opportunity
(SLPA #: Monroe County 16-5 ACSC)
1-800-HELPFLA www.FreshFromFlorida.com
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