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Ordinance 004-20171 2 3 4 5 6 7 8 9 10 MONROE COUNTY, FLORIDA 11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 12 ORDINANCE NOoo4 -2017 13 14 15 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 16 COUNTY COMMISSIONERS AMENDING MONROE COUNTY 17 YEAR 2030 COMPREHENSIVE PLAN POLICY 101.5.25, 18 PROVIDING A MAXIMUM NET DENSITY OF ONE DWELLING 19 UNIT PER PLATTED LOT WITH THE TRANSFER OF ONE TDR 20 FOR THE DEVELOPMENT OF ONE TIER 3 PLATTED LOT 21 WITH A RESIDENTIAL LOW (RL) FUTURE LAND USE MAP 22 DESIGNATION AND WITHIN A SUBURBAN RESIDENTIAL (SR) 23 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; 24 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 25 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 26 PLANNING AGENCY AND THE SECRETARY OF STATE; 27 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 28 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 29 DATE. 30 31 32 33 WHEREAS, the Monroe County Planning & Environmental Resources Department is 34 proposing an amendment to revise the maximum net density standards in Comprehensive Plan 35 Policy 101.5.25 for the Residential Low (RL) future land use map (FLUM) category; and 36 37 WHEREAS, on the 23 day of March, 2016, at their regularly scheduled meeting, the 38 Monroe County Board of County Commissioners directed staff to propose amendments to the 39 Comprehensive Plan and Land Development Code that would allow owners of platted lots within 40 the SR zoning district that lack the minimum land area required under the SR density standards 41 for a single family residence with the transfer of one TDR; and 42 43 WHEREAS, the Monroe County Development Review Committee (DRC) considered 44 the proposed amendment at a regularly scheduled meeting held on the 30 day of August, 2016 45 and recommended approval; and 46 Ord 004 -2017 1 of 6 I WHEREAS, the Monroe County Planning Commission held a public hearing on the 28 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, Sec. 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` 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 Ord 004 -2017 2of6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, at a regularly scheduled meeting on the 17 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 COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows (Deletions are shown stricken through; additions are shown underlined): 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) l.,F.S.). Future Land Use Densities and Intensities Residential (1) Nonresidential Future Land Use Minimum Allocated Density Y Maximum Net Density (a) (n) Maximum Intensity Category And Open Space Ratio (°) 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 (C1 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 (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 N/A 0.03 Military (M) 6 du 12 du 0.30 -0.50 0.20 (MF zoning) 10 rooms /spaces 20 rooms /spaces Ord -2017 3of6 Mixed Use /Commercial Wc f)(g) (SC, UC, DR, RV, MU and MI zoning) Mixed Use /Commercial Fishing (MCF) (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) 1 du (DR, MU, MI) 3 du (SC) 6 du (UC) Commercial Apartments (RV) 5 -15 r /spaces 1 du (CFSD- 20) 3 du (CFA, all other CFSD) 1 du/lot (CFV) 0 rooms /spaces 0 du 0 rooms /spaces 0 du 0 rooms /spaces 2 du (MI) 6 -18du (SC) W 12 du (UC) 12 -18 du (MU) (k) 18 du (DR) 10 -25 rooms /sp 12 du (CFA, CFSD) N/A (CFV) N N/A N N/A N/A 0 du I N/A 0 rooms /spaces N/A 0 du 2 room /spaces 0 -0.10 du (OS) 0.25 du (NA) 0 room /spaces 0.50 du 0 rooms /spaces 1 du/lot (IS, IS -V, IS- M) 2 du/lot (IS -D) N/A N/A N/A N /A 3 du (SR -L) 5 du (SR) or 1 du/lot (SR) N/A (SS) N/A N/A N/A 0 rooms /spaces 6 du (UR) Idu/lot (URM, URM -L) 2 du/lot (IS -D) 0 -10 rooms /spaces 12 -25 du (UR) N/A (IS -D, URM, URM -L) 0 -20 rooms /spaces 0.10 -0.45 (SC, UC, DR, MU) <2,500 SF (RV) 0.30 -0.60 (MI) 0.25 -0.40 0.20 0.20 0 1.00 0.30 Per underlying zoning 0.30 VPer de rlying ning 0.20 0 -0.20 0.25 <2500 crr (SR) 0 0.90 0.95 0.50 (SR, SR- L) 0.80 (SS) Ilf►f1 M 0.20 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 Ord 004 -2017 4of6 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. (0 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) The platted lot may not be identified for any other use or purpose on the lap t (e.g., "park," "common area," etc.); 3) The platted lot must have a Tier designation of Tier 111• 4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it; 5) The TDR must meet all requirements and procedures specified in Policy 101 13.3 and Section 130-160 of the Land Development Code; 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 Ord 004 -2017 5 of 6 I Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 2 provision of this ordinance is held invalid, the remainder of this ordinance shall 3 not be affected by such validity. 4 5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 6 conflict with this ordinance are hereby repealed to the extent of said conflict. 7 8 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 9 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 10 Statutes. 11 12 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 13 Secretary of the State of Florida but shall not become effective until a notice is 14 issued by the State Land Planning Agency or Administration Commission finding 15 the amendment in compliance with Chapter 163, Florida Statutes and after any 16 applicable challenges have been resolved. 17 18 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be 19 incorporated in the Monroe County Comprehensive Plan. The numbering of the 20 foregoing amendment may be renumbered to conform to the numbering in the 21 Monroe County Comprehensive Plan. 22 23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 24 Florida, at a regular meeting held on the 1 7-tk day of 2017. 25 26 Mayor George Neugent Yes 27 Mayor Pro Tem David Rice Yes 28 Commissioner Heather Carruthers Yes 29 Of M < Commissioner Danny Kolhage Yes 30 � = U- Commissioner Sylvia Murphy Yes 31 CX 32 © Cki BOARD OF COUNTY COMMISSIONERS 33 CV U OF MONROE COUNTY, FLORIDA 35 =2 ^ U z cc 0 36 Mayor George Neugent 37 3 ilib,]N MADOK, CLERK MONROE COUN TTORNEY A ROVED A FORM: 42 .; 3FP! LERK s€ ytv T.v.` �iAMS ASSISTANlT T ATTORNEY Ord 004 -2017 Date ,/�, /! 7 6of6 �1 Kevin Madok CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida May 26, 2017 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399 -0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 004 -2017 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on May 17, 2017. Should you have any questions, please feel free to contact me at (305) 295 -3130. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex- officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney BOCC KEY WEST 500 Whitehead Street Key West, Florida 33040 305- 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 JIM S� J f FLORIDA DEPARTMENT 0 f STATE RICK SCOTT Governor May 26, 2017 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 004 -2017, which was filed in this office on May 26, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.ft.us From: ords2municode.com To: SantamaLia-_MaKteff monroecounty-fl.gov; Morris-Peter monroecounty-fLoov lofbera-debbieCc�m fl.gov;peters-k_atherine&_monroecountv-fi.aov; Hall CvnthiaC monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Comprehensive Plan-2017(15528)Supplement 2 Date: Monday,February 05,2018 10:38:13 AM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 2 P. !D7 111,11lillil! Ordinance No. 016-2017 27/2017 2/5/2018 PDF (7/k Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.