Item R76
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: R.7
Agenda Item Summary #2151
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
A resolution by the Monroe County Board of County
Commissioners transmitting to the State Land Planning Agency 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
t the Board of County Commissioners deny
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.
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
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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 below, 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.
Staff is also proposing a corresponding amendment to the Land Development Code. The subject of
this public hearing is transmittal of the proposed Comprehensive Plan amendment to the State Land
Planning Agency.
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.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Transmittal Reso SR max net density
Ordinance SR Max Net CP amendment
Staff Report- Comp Plan Amendment - SR max net density-pdf
SR max net density_P27-16 Signed
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
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Revenue Producing: N/A If yes, amount: N/A
Grant:N/A
County MatchN/A
:
Insurance Required:N/A
Additional Details: N/A
REVIEWED BY:
Mayte Santamaria Completed 09/29/2016 11:42 AM
Assistant County Administrator Christine Hurley Completed
10/03/2016 12:50 PM
Steve Williams Completed 10/04/2016 10:04 AM
Jaclyn Carnago Completed 10/04/2016 10:37 AM
Budget and Finance Skipped 09/27/2016 3:53 PM
Maria Slavik Skipped 09/27/2016 3:53 PM
Emily Schemper Skipped 10/04/2016 1:20 PM
Mayte Santamaria Completed 10/04/2016 1:36 PM
Kathy Peters Completed 10/04/2016 3:56 PM
Board of County Commissioners Pending 10/19/2016 9:00 AM
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MEMORANDUM
MCP&ERD
ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT
We strive to be caring, professional and fair
To:
Monroe County Board of County Commissioners
Through:
Mayté Santamaria, Senior Director of Planning and Environmental Resources
From:
Emily Schemper, AICP, Comprehensive Planning Manager
Date:
September 28, 2016
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:
October 18, 2016
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.BACKGROUNDINFORMATION
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 anRL
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
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Petitioners’ application for relief under the BUD Ordinance.” The BOCC denied the applicant’s
request for relief.
The BOCCalso 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 standardsfor a singlefamily 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 aResidential 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 Planthat 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 combinedthese concepts into one amendment proposal based on the similarities
between the two proposed amendments in purpose, analysis, and data.
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-1986RM and ISparcels,and the
requests that the County consider other options, staff is recommending several changes and
postponing the RM/IS parcelamendments for further evaluation of options and implications. Staff is
recommending not postponing the proposed amendment regardingRL 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 amendments and provide for public comment.
The PC recommended approval to the BOCC (PC Resolution #P27-16).
Staff is proposing a corresponding amendment to the Land Development Code. The subject of this
staff report is the proposed amendment to the Comprehensive Plan.
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III.PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
Deletions are shown in red and strickenthrough; additions are shown in green and 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)1.,F.S.].
Future Land Use Densities and Intensities
(l)
Residential Nonresidential
Minimum
Future Land Use
Open Space
Maximum Net Density
Category And
(a)
Allocated Density Maximum Intensity
(c)
Ratio
(a) (b)
Corresponding Zoning
(per upland acre)(floor area ratio)
(per buildable acre)
Agriculture/Aquaculture 0 duN/A0.25Per underlying
(d)
(A)0 rooms/spacesN/Azoning
(no directly corresponding
zoning)
Airport (AD)0 duN/A0.100.20
(AD zoning)0 rooms/spacesN/A
Commercial (COMM)0 duN/A0.15-0.500.20
(C1 and C2 zoning)0 rooms/spacesN/A
Conservation (C)0 duN/A0.050.90
(CD zoning)0 rooms/spacesN/A
Education (E)(d)0 duN/A0.30Per underlying
(no directly corresponding zoning
zoning)
0 rooms/spacesN/A
Industrial (I)1 du2 du0.25-0.600.20
(I and MI zoning)0 rooms/spacesN/A
Institutional (INS)(d)0 duN/APer underlying
(no directly corresponding 0.30zoning
zoning)
15 rooms/spaces24 rooms/spaces
Mainland Native (MN)0.01 duN/A0.95-0.99
(e)
(MN zoning)2 spacesN/A0.03
Military (M)6du12 du0.30-0.500.20
(MF zoning)10 rooms/spaces20 rooms/spaces
Mixed Use/Commercial 1 du (DR, MU, MI)2 du (MI)0.10-0.45
(f)(g) (k)
(MC)3 du (SC)6-18du (SC)(SC, UC, DR, MU)
(SC, UC, DR, RV, MU 6 du (UC)12 du (UC)0.20
(k)
and Commercial Apartments 12-18du (MU)<2,500 SF (RV)
(h)
MI zoning)(RV) 18 du (DR)
0.30-0.60 (MI)
5-15 rooms/spaces10-25 rooms/spaces
Mixed Use/Commercial 1 du12 du (CFA, CFSD)
(f)(i)
Fishing (MCF)(CFSD-20)
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(CFA, CFV, CFSD 3 du (CFA, all other 0.25-0.400.20
zoning)CFSD)
1 du/lot (CFV)
N/A (CFV)
0 rooms/spacesN/A
Preservation (P) (d)0 duN/A
(P zoning)0 rooms/spacesN/A01.00
Public Buildings/Lands 0 duN/A0.30Per underlying
(d)
(PB)zoning
(no directly corresponding 0 rooms/spacesN/A
zoning)
Public 0 duN/A0.30Per underlying
(d)
Facilities (PF)0 rooms/spacesN/Azoning
(no directly corresponding
zoning)
Recreation (R)0 duN/A0.200.90
(PR zoning)2 rooms/spacesN/A
Residential 0-0.10 du (OS)N/A0-0.200.95
Conservation (RC)0.25 du (NA)
(OS and NA zoning)0rooms/spacesN/A
Residential Low (RL)0.50 du3 du (SR-L)0.250.50 (SR, SR-
(SS, SR, and SR-L 5 du (SR)L)
or<2500 SF (SR)
zoning)
(m)
1 du/lot (SR)
0.80 (SS)
N/A (SS)
0 rooms/spaces
N/A
Residential Medium 1 du/lot (IS, IS-V, IS-N/A
(RM)M)00.20
N/A
(IS, IS-V, IS-M and IS-2 du/lot (IS-D)
(j)
Dzoning)
0 rooms/spaces
Residential High (RH)6 du (UR)12-25 du (UR)(k)
(j)
(IS-D, URM, URM-L 1du/lot (URM, URM-L)N/A (IS-D, URM,
and UR zoning)2 du/lot (IS-D)URM-L)00.20
0-10 rooms/spaces0-20 rooms/spaces
Notes:
The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
(a)
maximum net density bonuses shall not be available.
The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
(b)
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
For the purposes of max net
means the portion of a parcel of land that is developable and is not required open space.
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.
Additional open space requirements may apply based on environmental protection criteria; in these cases, the most
(c)
restrictive requirement shall apply.
Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands,
(d)
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and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts
as appropriate.
Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
(e)
permitted for educational, research or sanitary purposes.
For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
(f)
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.
A mixture of uses shallbe maintained for parcels designated as MI zoning district that are within the MC future land
(g)
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).
(j) 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 theUR 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 districtmarket 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.
(l) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count when
calculating density.
(m) Within the Residential Low future land use category, the maximum net density for platted lots within the SR zoning
district shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:
1)The parcel must be one full platted lot shown on a plat approved by the County and duly recorded;
2)The platted lot may not be identified for any other use or purpose on the plat (e.g., “park,” “common area,” etc.);
3)The platted lot must have a Tier designation of Tier 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 101.13.3 and Section 130-160 of the Land
Development Code; and
6)The subject parcel must comply with Policy 301.2.5 regarding legal access.
IV.ANALYSIS OF PROPOSED AMENDMENT
Within unincorporated Monroe County, there are approximately 35 platted subdivisionsthat 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 1986and RL with
the adoption of the FLUM in 1993 (effective 1997). Monroe County’s current adopted
Comprehensive Plan and LDChave 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 landwithin these subdivisions are
oftenunable to develop a single family dwelling unit on a single platted lot.
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The 1986 Land Development Regulations also established the purpose of the Suburban Residential
(zoning) District and density standards.
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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:
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Per Policy 101.5.25 of the Comprehensive Plan, the allocated density for the RL FLUM and SR
would require a parcel to have two (2) acres
zoning district is 0.50 dwelling units per acre, which
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 Planand the LDCalso 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 theRL FLUM andSR 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 bysubtracting required open space from the gross acreage of a site. Per Policy 101.5.25,
the required open space ratio for parcels designated asRL FLUM is 0.50.
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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 theCounty’s SRsubdivisions 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 dwellingunits.
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 below, which would allowTier 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)fullTDRto the SR site.Such lots would be required tomeet all
requirements for TDRs under Comprehensive Plan Policy 101.13.3and LDC Section 130-160. The
use of TDRs would require theretirement of development rights for one(1)dwelling unit of density
onan eligible TDR sender site.
Staff also recommends that parcels eligible for the 1du/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.
Future Land Use Densities and Intensities
Minimum
(l)
Residential Nonresidential
Open Space
Future Land Use
(c)
Ratio
Maximum Net Density
Category And
(a)
Allocated Density Maximum Intensity
(a) (b)
Corresponding Zoning
(per upland acre)(floor area ratio)
(per buildable acre)
…
Residential Low (RL)0.50 du3 du (SR-L)0.250.50 (SR, SR-
(SS, SR, and SR-L 5 du (SR)L)
zoning)or<2500 SF (SR)
(m)
1 du/lot (SR)0.80 (SS)
0 rooms/spacesN/A (SS)
N/A
…
…
(m) Within the Residential Low future land use category, the maximum net density for platted lots within the SR zoning
district shall be 1 dwelling unit per platted lot, provided all of the following conditions are met:
1.The parcel must be one full platted lot shown on a plat approved by the County and duly recorded;
2.The platted lot may not be identified for any other use or purpose on the plat (e.g., “park,” “common area,” etc.);
3.The platted lot must have a Tier designation of Tier III;
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4.Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full
TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it;
5.The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code; and
6.The subject parcel must comply with Policy 301.2.5 regarding legal access.
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 TDRto 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 Acreage0.11 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
Current
Max Net DensityProposed Regulations
Regulations
5.0 du/Buildable Acre
or 1 du/ lot*
Maximum Net Density Standard 5.0 du/Buildable
* the maximum net density may
(SR Zoning)Acre
only be reached with the transfer of
one (1) full TDR to the SR lot
Buildable Acreage
(0.11 gross acres –0.055 acres required open 0.055 acres1 lot
space)
Maximum Development Potential
(must use TDRs to make up the difference between
0.275 du1.0 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, approximately34 are privately
owned and currently vacant according to the Property Appraiser’s data.
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V.CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County2030Comprehensive 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.
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 CommuniKeysCommunity 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.
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Goal102:
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, isto 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
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
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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.
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:
1.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.
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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.
5.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 ofway 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, nativetropical
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 impactsof 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
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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)(l) 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.
(l)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 citizensof 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 II 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
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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.
VI.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.
VII.STAFF RECOMMENDATION
Staff recommends approval of the proposed amendmentto Policy 101.5.25.
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