Item P5County off Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Sew',
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: P.5
Agenda Item Summary #2924
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 Land Development Code Section 130-157, Maximum
Residential Density and District Open Space, 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 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 Land Development Code;
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 Section 130-157 for the
Suburban Residential (SR) Land Use District (Zoning) category, to be consistent with a
corresponding proposed amendment to the Comprehensive Plan.
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 corresponding Comprehensive Plan amendment to the State Land
Planning Agency (Department of Economic Opportunity - DEO) for review and comment.
Following their review of the proposed amendment, DEO issued an Objections, Recommendations
and Comments (ORC) report on January 30, 2017. The ORC report included four objections to the
proposed corresponding Comprehensive Plan text amendment and recommended several specific
changes to the amendment to address the objections. 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.
The proposed corresponding Comprehensive Plan text amendment, including staffs recommended
changes to address the ORC report, is also scheduled for a public hearing at the BOCC's regular
meeting on May 17, 2017, prior to the hearing on the proposed amendment to the LDC. The
proposed amendment to the LDC will therefore be necessary to be consistent with the proposed
corresponding Comprehensive Plan text amendment, should the BOCC choose to adopt it.
Note, Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be
consistent with and implement the Comprehensive Plan.
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
corresponding Comprehensive Plan amendment to the State Land Planning Agency for review and
comment.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance - SR Max Net LDC amendment
Staff Report- LDC Amendment - SR max net density
Exhibit 1 to Staff Report - corresponding CP amendment
Exhibit 2 to Staff Report - Reso P28-16
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 12:39 PM
Completed
04/26/2017 8:34 AM
04/26/2017 9:19 AM
04/24/2017 1:18 PM
04/24/2017 1:18 PM
04/26/2017 6:44 PM
04/27/2017 11:3 5 AM
04/27/2017 12:14 PM
05/17/2017 9:00 AM
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MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTYi 1 1 i '
ORDINANCE 1 f ,-2017
1 1 1 1 / ► i 1 1.
1�
WHEREAS, on the 17th day of May, 2017, at a regularly scheduled meeting, the Monroe
County Board of County Commissioners adopted Ordinance -2017, amending Policy
101.5.25 of • •e County Year 2030 Comprehensive Plan, providing
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; and
mpffi—S W'I
144'1-VT.�U1AS, Florida Statute Sections 163.3194 and 163.3201 require• development
regulations to be consistent with and implement the Comprehensive Plan; and
WHEREAS, the proposed Land Development Code amendment is consistent with ani.
implements the adopted amendment to Policy 10 1.5.25 of the Comprehensive Plan; and
Ord-2017
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1 WHEREAS, the Monroe County Development Review Committee (DRC) considered
2 the proposed amendment at a regularly scheduled meeting held on the 30h day of August, 2016
3 and recommended approval; and
4
5 WHEREAS, the Monroe County Planning Commission held a public hearing on the 28th
6 day of September, 2016, for review and recommendation on the proposed LDC text amendment;
7 and
8 WHEREAS, the Planning Commission adopted Resolution P28-16 recommending
9 approval of the proposed Land Development Code text amendment; and
10
11 WHEREAS, at a regularly scheduled meeting held on the 17'h day of May, 2017, the
12 Monroe County Board of County Commissioners held a public hearing, considered the staff
13 report, and provided for public comment and public participation in accordance with the
14 requirements of state law and the procedures adopted for public participation in the planning
15 process; and
16
17 WHEREAS, based upon the documentation submitted and information provided in the
18 accompanying staff report, the BOCC makes the following Conclusions of Law:
19
20 1. The proposed text amendment is consistent with the provisions of the Monroe County
21 Code; as required by MCC §102-158(d)(7)b., the map amendment is needed due to
22 new issues, the recognition of a need for additional detail or comprehensiveness, and
23 data updates; and
24
25 2. The proposed text amendment is consistent with the provisions and intent of the
26 Monroe County Year 2030 Comprehensive Plan; and
27
28 3. The proposed text amendment is not inconsistent with the Principles for Guiding
29 Development in the Florida Keys Area of Critical State Concern; and
30
31 4. The proposed text amendment is consistent with Part H of Chapter 163, Florida
32 Statute;
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
36
37 Section 1. The Monroe County Land Development Code is hereby amended as follows
38 (Deletions are shown str-iekea thr-eugh; additions are shown underlined):
39
40 Sec. 130-157. Maximum permanent residential density and minimum required open
41 space.
42 The maximum permanent residential density for those uses permitted by this chapter and
43 minimum required open space shall be in accordance with the following table:
Ord -2017
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Maximum Permanent Residential Density
and Minimum Open Space
,(
Allocated Densit3a)(b)
Maximum Net
Minimum
Land Use District
DU/Gross Acre of
Density(a)(b)(c)
Open
Upland
DU/Buildable Acre
Space
Ratio (d)
Airport (AD)
0
N/A
0.20
Commercial 1 (Cl)
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 (C 1)
Conservation (CD)
0
N/A
0.90
Destination Resort (DR)
1.0
18 O(e)
0.20
Improved Subdivision
1/lot
0
0.20
(IS)
Improved Subdivision -
2/lot
0
0.20
Duplex (IS-D)
Industrial (1)
1.0
2.0
0.20
Mainland Native Area
0.01
N/A
0.99(9)
(MN)
Maritime Industries (Mj)(h)
1.0
2 O(e)
0.20
Military Facilities (W)
6.0
12.0
0.20
Mixed Use (MU)
1.0
12 O(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)
06)
N/A
0.20
Sparsely Settled
0.5
N/A
0.80
Residential (SS)
Ord -2017
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Suburban Commercial (SC)
3.0
TDRs: 6.0'0'
0.20
Affordable: 18 O(e)
Suburban Residential (SR)
0.5
5.
or.00)
-------- --- -I-/Iot
0.50
Suburban Residential
0.5
3.0
0.50
13 N
(Limited) (Sr%.-jiT _)
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
Mot
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 101.5.25, the allocated density for the CFSD-20 land use 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).
(g) The minimum open space ratio for the XIEN 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
Ord -2017
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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.
(j) Within the SR zoning district, the maximum net density for platted lots of less than 0.40
gloss 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 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) Notwithstandiny Section 130-160, 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 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.
2 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
3 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
4 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
5 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
6 provision immediately involved in the controversy in which such judgment or decree shall be
7 rendered.
8
9 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
10 this ordinance are hereby repealed to the extent of said conflict.
11
12 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
13 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
14
15 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
16 of Florida but shall not become effective pursuant to Section 9 until a final order is issued
17 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
18 Commission approving the ordinance, and if the final order is challenged, until the challenge to
19 the order is resolved pursuant to F.S. Chapter 120.
20
21 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance
22 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
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I as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
2 uniform marking system of the Code.
3
4 Section 7. Effective Date. This ordinance shall become effective as provided by law and
5 stated above.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
8 Florida, at a regular meeting held on the
day of -, 2017.
9
10
Mayor George Neugent
11
Mayor Pro Tem David Rice
12
Commissioner Heather Carruthers
13
Commissioner Danny Kolhage
14
Commissioner Sylvia Murphy
15
16
BOARD OF COUNTY COMMISSIONERS
17
OF MONROE COUNTY, FLORIDA
18
19
BY
20
Mayor George Neugent
21 (SEAL)
22
23 ATTEST: KEVIN MADOK, CLERK
24
25
MONROE COUNTY ATTORNEY
A=VED AS T F Rki.:
VV:AMS
ASSIST,,NT�? _Zp_�ATTORNEY
Date
Ord -2017
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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 LAND DEVELOPMENT
CODE SECTION 130-157, MAXIMUM RESIDENTIAL DENSITY AND DISTRICT
OPEN SPACE, 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 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 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
DATE. (FILE #2016-108)
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 Section 130-157 for the Suburban Residential (SR)
Land Use District (Zoning) category, to be consistent with a corresponding proposed amendment to
the Comprehensive Plan (see Exhibit 1).
IL 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 within an
SR zoning district and with a Residential Low (RL) Future Land Use Map (FLUM) designation
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.
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 to apply for a single family residence
with the transfer of one Transferrable Development Right (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 an 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 Land Development Code that would
allow owners of unplatted parcels that existed prior to September 15, 1986 and are now within an 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 proposing a corresponding amendment to the Comprehensive Plan. The subject of this staff
report is the proposed amendment to the Land Development Code.
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 #P28-16 — see Exhibit 2).
On October 18, 2016, at a regularly scheduled meeting, the BOCC held a public hearing to consider
transmittal of the proposed corresponding Comprehensive Plan text amendment and adopted
Resolution 272-2016 transmitting the proposed Comprehensive Plan text amendment to the State
Land Planning Agency (Department of Economic Opportunity — DEO) for review and comment.
Following their review of the proposed amendment, DEO issued an Objections, Recommendations
and Comments (ORC) report on January 30, 2017. The ORC report included four objections to the
proposed corresponding Comprehensive Plan text amendment and recommended several specific
changes to the amendment to address the objections. The County normally 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.
The proposed corresponding Comprehensive Plan text amendment, including staff s recommended
changes to address the ORC report, is also scheduled for a public hearing at the BOCC's regular
meeting on May 17, 2017, prior to the hearing on the proposed amendment to the LDC. The
proposed amendment to the LDC will therefore be necessary to be consistent with the proposed
corresponding Comprehensive Plan text amendment, should the BOCC choose to adopt it. Note,
Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be
consistent with and implement the Comprehensive Plan.
II1. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT
Deletions are shown in red and stric'.ken 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.O(e)
0.20
Military Facilities (MF)
6.0
12.0
0.20
Mixed Use (MU)
1.0
12.O(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)0.20
Affordable:18.0(e)
Suburban Residential (SR)
0.5
or 5.Moto)
0.50
Suburban Residential
0.5
3.0
0.50
(Limited) (SR-L)
Urban Commercial (UC)
6.0
12.O(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
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as
E
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 101-2(1), 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 101.5.25, the allocated density for the CFSD-20 land use 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).
(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.
(j) 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 followins4 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 III,
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., 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 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. _ _ _
IV. 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.
Per LDC Section 130-157, the allocated density for the 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 Policy 101.5.25 of the
Comprehensive Plan, which gives an allocated density of 0.50 dwelling units per acre to the RL
FLUM.
Both the Comprehensive Plan and the LDC also include maximum net density provisions, which
allow development at a higher density with the use of TDRs and/or for development of affordable
housing. Per LDC Section 130-157, and consistent with Policy 101.5.25, within the 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 LDC Section 130-
157, the required open space ratio for parcels within the SR zoning district is 0.50.
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 FL FLUM and SR zoning district in Policy 101.5.25.
The typical size of platted lots within the County's SR -zoned 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 table titles "Example Calculations" on page 7, 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 which would 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. This proposal would not create a net increase in development potential in the
County as the applicant would need to retire one unit of density from another property and transfer
the TDR to the parcel proposed for development.
Staff also recommends that parcels eligible for the 1 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.
Maximum Permanent Residential Density
and Minimum Open Space
Allocated Density(a)(b)
Maximum Net
Minimum
Land Use District
DU/Gross Acre of
Density(a)(b)(c)
Open
Upland
DU/Buildable Acre
Space
Ratio
Suburban Residential (SR)
0.5
or 5. 0)
0.50
(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.
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)
3) The platted 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, 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 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.
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
Currenta
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
Buildable Acreage
(0.11 gross acres —0.055 acres required open
0.055 acres
1 lot
space)
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 potentially eligible sites are attached as Exhibit 3.
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.
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
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.
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
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.
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
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 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
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.
D. The proposed amendment is consistent with one or more of the required provisions of LDC
Section 102-I58(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A
4. New issues;
The County is proposing text amendments to Policy 101.5.25 to address the maximum net
density for the Residential Low future land use category. The proposed text amendment to
Section 130-157 is necessary to be consistent with the proposed comprehensive plan amendment.
Note, Sections 163.3194 and 163.3201, F.S., require land development regulations to be
consistent with and implement the Comprehensive Plan.
5. Recognition of a need for additional detail or comprehensiveness; or
The proposed amendment addresses the need for additional detail to implement proposed
comprehensive plan policies related to maximum net density in the SR zoning district.
6. Data updates;
The proposed amendment addresses data updates regarding the number of SR lots that do not
meet the density requirements of the Land Development Code and Comprehensive Plan.
7. In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a livable communikeys master plan pursuant to findings of the board of county
commissioners.
The proposed amendment will not result in an adverse community change to the areas it affects.
The proposal would not create a net increase in development potential in the County as the
applicant would need to retire one unit of density from another property and transfer the TDR to
the parcel proposed for development. Further, the affected parcels would be limited to those with
a Tier III designation, those with all infrastructure, and those not within a CBRS unit.
VI. STAFF RECOMMENDATION'
Staff recommends approval of the proposed amendments to Land Development Code Section 130-
157, contingent on adoption and effectiveness of the corresponding amendment to Comprehensive
Plan Policy 101.5.25.
VII. EXHIBITS
1. Proposed corresponding Comprehensive Plan text amendment.
2. Monroe County Planning Commission Resolution #P28-16.
3. Maps of potentially eligible parcels.
EXHIBIT 1 TO STAFF REPORT
PROPOSED CORRESPONDING
COMPREHENSIVE PLAN TEXT AMENDMENT
Deletions are shown in red and stric'.ivn through; 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
Residential (1)'>
' Nonresidential
Future Land Use
Minimum >
(a)
Allocated Density
Maximum Net Density
(a) (b)
1Vlaximum Intensity
Category And
g r3
Open Space
Ratio (c)
Corresponding Zoning
(per upland acre)
(per buildable acre)
(floor area ratio)
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
(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)
(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)O
(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 (SR)
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
ldu/lot (URM, URM-L)
N/A (IS-D, URM,
and UR zoning)
2 du/lot (IS-D)
URM-L)
0
0.20
0-10 rooms/spaces
0-20 rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density
�a
E
as
E
CL
U
0
CL
0
0
0
0
W
0
CL
0
X
LU
as
E
c�
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.
(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)
3)_The platted lot must have a Tier designation of Tier 11I,
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.
Exhibit 2 to Staff Re
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P28-16
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY LAND
DEVELOPMENT CODE SECTION 130-157, MAXIMUM
RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE,
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 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 LAND DEVELOPMENT CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Planning & Environmental Resources Department is
proposing an amendment to revise the maximum net density standards in Section 130-157 of the
Land Development Code for the Suburban Residential (SR) land use (zoning) district; and
33 WHEREAS, on the 23`d day of March, 2016, at their regularly scheduled meeting, the
34 Monroe County Board of County Commissioners directed staff to propose amendments to the
35 Comprehensive Plan and Land Development Code that would allow owners of platted lots within
36 the SR zoning district that lack the minimum land area required under the SR density standards
37 for a single family residence with the transfer of one TDR; and
38
39 WHEREAS, the Monroe County Development Review Committee (DRC) considered
40 the proposed amendment at a regularly scheduled meeting held on the 30h day of August, 2016
41 and recommended approval; and
42
43 WHEREAS, the Monroe County Planning Commission held a public hearing on the 28`h
44 day of September, 2016, for review and recommendation on the proposed amendment; and
45
46 WHEREAS, the Planning Commission was presented with the following documents and
47 other information relevant to the request, which by reference is hereby incorporated as part of the
48 record of said hearing:
Resolution #P28-16 Page 1 of 2
File 92016-108
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1. Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated
September 16, 2016;
2. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec, 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
and
4. The proposed amendment is necessary due to new issues, recognition of a need for
additional detail or comprehensiveness, and data updates, as required by Section 102-
158 of the Monroe County Code;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
approval by the Board of County Commissioners of an amendment to Section 130-157 of the
Land Development Code revising the maximum net density standards for the Suburban
Residential (SR) land use (zoning) district.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 28th day of September, 2016.
Denise Werling, Chair _Yes
William Wiatt, Vice -Chair Yes
Beth Ramsey-Vickrey, Commissioner _Yes
Elizabeth Lustburg, Commissioner Yes
Ron Miller, Commissioner Yes
PLANNING C ISSIO OF O OE COUNTY, FLORIDA
By
Denise Werling, Chair
Signed this 'Xth day of OCt,
Monroe Coun P,1'anning Commission Attorney
pp o Form
Date: % r
v
Resolution #P28-16
File #2016-108
301 G
FILE® WITH THE
OCT 2 U 2016
AGENCY CLERK
Page 2 of 2
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