Item K11C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: K.11
Agenda Item Summary #4573
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
No
AGENDA ITEM WORDING: Discussion and direction regarding potential amendments to the
Comprehensive Plan and /or Land Development Code to address density issues on parcels of land
within the Improved Subdivision (IS) zoning district that are not platted lots.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is requesting direction from
the Board of County Commissioners (BOCC) regarding potential amendments to the Comprehensive
Plan and /or Land Development Code (LDC) to address parcels of land within the Improved
Subdivision (IS) zoning district that are not platted lots and therefore do not meet the density
requirements for residential development.
Monroe County's current adopted Comprehensive Plan and Land Development Code (LDC) have
allocated density requirements that require a parcel to be a duly recorded lot on a plat approved by
the County in order to develop a single family residential dwelling unit within an RM FLUM and IS
zoning district.
The majority of parcels within IS zoning districts and with RL FLUM designations are platted lots
within subdivisions identified on plats approved by the County. However, there are a number of
parcels with RL FLUM and IS zoning designations that were created without plat approval or that
contain land included on a plat but only identified as a "tract" or for some other purpose; such
parcels do not meet the definition of "lot." The legal descriptions for a number of these parcels show
that the property is located within a Tract of land included in a duly recorded plat, but these were not
divided into "lots" at the time of the plat. In some cases, these tracts of land were subsequently
divided into multiple parcels that were never shown as lots or parcels on a plat, re -plat, or amended
plat approved by the County and recorded by the Clerk of Court's office. Such parcels do not meet
the definition of "lot" and therefore have no density assigned to them.
The majority of these parcels were designated IS with the adoption of the land use district map in
1986 and RM with the adoption of the FLUM in 1993 (effective 1997).
On July 18, 2018, at their regularly scheduled meeting, the BOCC directed staff to propose options
for amendments to the Comprehensive Plan and /or LDC that would allow owners of parcels that do
not constitute a "lot" within the IS zoning district to apply for a single family residence.
Staff is presenting, as an option, the following text amendment language for the Land Development
Code that would allow unplatted parcels within the IS zoning district to apply for a ROGO allocation
in order to build a single family residence on such a parcel. A corresponding amendment to the
Comprehensive Plan would also be required.
LDC 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
uired open space shall be in accordance with the tollowm4 table:
Maximum Permanent Residential Density and Minimum Open Space
Allocated Density )(e) Maximum Net Density(a )(e )(`) Minimum Open
Land Use District DU /Gross Acre of Upland DU/Buildable Acre
Space Ratio
Improved I /lot 0.20
Subdivision (IS)
Staff is proposing that parcels that do not meet the definition of "lot," but were established prior to
the adoption of the IS zoning district (September 15, 1986), be given the opportunity to develop one
dwelling unit by transferring one TDR to the parcel and retiring the development rights for one
dwelling unit on the TDR sender site. This proposal would not create a net increase in the
number of vacant buildable parcels in the County or a net increase in County -wide
development potential/density, as the applicant would need to retire one unit of density from
another property and transfer the TDR to the parcel proposed for development.
Pre -1986 parcels 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.
Preliminary analysis of the platted subdivisions within IS zoning districts indicates that there may
be approximately 215 parcels (not qualifying as "lots ") identified on plats prior to September
15, 1986. Additional parcels that are not shown on approved plats have not been analyzed as of
the date of this report. The number of parcels within this scenario may vary as property owners
have (and continue to) split and combine properties without County Planning & Environmental
Resources Department knowledge (nor plat approval). If this amendment is adopted, each parcel
shall be individually evaluated at the time of an application for development. Property owners must
provide sufficient evidence that the parcel was created prior to September 15, 1986.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff is requesting direction from the BOCC regarding whether
or not to process such text amendments to the Comprehensive Plan and Land Development Code,
and any changes to the potential amendment language presented.
DOCUMENTATION:
Staff Report - Discussion and Direction regarding unplatted IS parcels
Examples of unplatted parcels in IS
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
hI X TA 1 X117.1.6
Emily Schemper Completed
Assistant County Administrator Christine Hurley
07/30/2018 3:53 PM
Steve Williams Completed
Budget and Finance Skipped
Maria Slavik Skipped
Kathy Peters Completed
Board of County Commissioners Pending
07/30/2018 3:51 PM
Completed
07/31/2018 1:09 PM
07/31/2018 10:29 AM
07/31/2018 10:29 AM
07/31/2018 2:23 PM
08/15/2018 9:00 AM
« 4) �� _ N
} N � fi i
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Emily Schemper, AICP, CFM,
Acting Sr. Director of Planning & Environmental Resources
Date: July 30, 2018
Subject: Discussion and direction regarding potential amendments to the Comprehensive Plan
and /or Land Development Code to address density issues on parcels of land within the
Improved Subdivision (IS) zoning district that are not platted lots.
Meeting: August 15, 2018
I REQUEST
The Monroe County Planning & Environmental Resources Department is requesting direction from
the Board of County Commissioners (BOCC) regarding potential amendments to the Comprehensive
Plan and /or Land Development Code (LDC) to address parcels of land within the Improved
Subdivision (IS) zoning district that are not platted lots and therefore do not meet the density
requirements for residential development.
II, BACKGROUND INFORMATION
On July 26, 2016, the Monroe County Planning Commission (PC) considered an appeal by a property
owner who had been denied a building permit for a single family residence on an unplatted parcel of
land with a Residential Medium (RM) Future Land Use Map (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 LDC. The PC denied the
applicant's appeal.
On July 18, 2018, at their regularly scheduled meeting, the BOCC held a public hearing to consider a
request for a Beneficial Use Determination (BUD) and the recommendations of the special magistrate
for a parcel within an IS zoning district and with an RM FLUM, for which a building permit was
denied because the property does not constitute a "lot" for purposes of density.
The special magistrate had issued a recommendation that the BOCC deny the owner's request for
relief under the BUD ordinance. The BOCC denied the applicant's request for relief. The BOCC
also directed staff to propose options for amendments to the Comprehensive Plan and /or LDC
Page 1 of 7
that would allow owners of parcels that do not constitute a "lot" within the IS zoning district to
apply for a single family residence.
Staff is presenting in this memorandum, as an option, text amendment language for the Land
Development Code that would allow unplatted parcels within the IS zoning district to apply for a
ROGO allocation in order to build a single family residence on such a parcel. A corresponding
amendment to the Comprehensive Plan would also be required.
Related to the current topic, the BOCC previously addressed a similar issue within the Suburban
Residential (SR) zoning district. On May 17, 2017, the BOCC adopted Ordinances 004 -2017 and 005-
2017, which amended the Comprehensive Plan and LDC to allow the owners of platted parcels in the
SR zoning district, that have less than the required acreage to meet the density requirements of the
Comprehensive Plan and LDC, to build a single family residence with the use of a Transferrable
Development Right (TDR), thereby retiring a development right from elsewhere within the County.
III. POTENTIAL OPTION FOR LAND DEVELOPMENT CODE TEXT AMENDMENT
Deletions are shown in red and fiY =i = �i E)tr_W+; additions are shown in and ------ � s E 1.
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
Maximum Net
Minimum
Land Use District
DU /Gross Acre of
Density(a)(b)(e)
Open
Upland
DU /Buildable Acre
Space
Ratio
Airport (AD)
0
N/A
0.20
Commercial 1 (CI)
0
N/A
0.20
Commercial 2 (C2)
0
N/A
0.20
Commercial Fishing Area
3
12
0.20
(CFA)
Commercial Fishing
CFSD -20: 1
CFSD -20: N/A
Special District CFSD
Other CFSDs: 3
Other CFSDs: 12
0.20
Commercial Fishing
1 /lot
N/A
0.20
Village CFV
Conservation (CD)
0
N/A
0.90
Destination Resort (DR)
1.0
18.0
0.20
Page 2 of 7
Improved Subdivision
1 /lot
0
0.20
(IS)
Improved Subdivision -
2/lot
0
0.20
Duplex (IS
Industrial (1)
1.0
2.0
0.20
Mainland Native Area
0.01
N/A
0
(MN)
Maritime Industries (MI)(14)
1.0
2.0
0.20
Military Facilities (MF)
6.0
12.0
0.20
Mixed Use (MU)
1.0
12.0
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
Suburban Residential (SR)
0.5
5.0
vlot
0.50
Suburban Residential
(Limited) (SR-L)
0.5
3.0
0.50
Urban Commercial (UC)
6.0
12.0
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
Section 101-1
5.0
7.0
0.20
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
V,
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Page 3 of 7
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 101 -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).
C .�
Page 4 of 7
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. PRELIMINARY ANALYSIS OF PROPOSED AMENDMENT
Improved Subdivision Zoning
Monroe County's current adopted Comprehensive Plan and Land Development Code (LDC) have
allocated density requirements that require a parcel to be a duly recorded lot on a plat approved by the
County in order to develop a single family residential dwelling unit within an RM FLUM and IS
zoning district.
Per LDC Section 130 -36, "the purpose of the IS district is to accommodate the legally vested
residential development rights of the owners of lots in subdivisions that were lawfully established and
improved prior to the adoption of this LDC. For the purpose of this section, improved lots are those
that are served by a dedicated and accepted existing road of porous or nonporous material, that have
an approved potable water supply, and that have sufficient uplands to accommodate the proposed use
in accordance with the required setbacks. This district is not intended to be used for new land use
districts of this classification within the county."
Per LDC Section 130 -157, the IS zoning district has a maximum residential allocated density of one
(1) dwelling unit per lot (1 du /lot), consistent with the allocated density for the RM FLUM pursuant
to Policy 101.5.25 of the Comprehensive Plan.
"Buildable lot" is defined in LDC Section 101 -1 as "a duly recorded lot as shown on a plat approved
by the county that complies with each and every requirement of the Land Development Code."
"Buildable parcel" is defined in LDC Section 101 -1 as "a parcel of land, including but not limited to
a buildable lot, that complies with each and every requirement of this Land Development Code."
"Lot" is defined in LDC Section 101 -1 as "a duly recorded lot as shown on a plat approved by the
County. (Also described as platted lot.)"
"Parcel" is defined in LDC Section 101 -1 as "any quantity of land and water capable of being
described with such definiteness that its location and boundaries may be established, which is
designated by its owner or developer as land to be used or developed as a unit, or which has been used
or developed as a unit."
"Plat" is defined in LDC Section 101 -1 as "an official subdivision approved by the County and in
compliance with Chapter 177, F.S."
Page 5 of 7
"Platted lot" is defined in LDC Section 101 -1 as "a lot that is identified on a plat that was approved
by the board of county commissioners and duly recorded."
The majority of parcels within IS zoning districts and with RL FLUM designations are platted lots
within subdivisions identified on plats approved by the County. However, there are a number of
parcels with RL FLUM and IS zoning designations that were created without plat approval or that
contain land included on a plat but only identified as a "tract" or for some other purpose; such parcels
do not meet the definition of "lot." The legal descriptions for a number of these parcels show that the
property is located within a Tract of land included in a duly recorded plat, but these were not divided
into "lots" at the time of the plat. In some cases, these tracts of land were subsequently divided into
multiple parcels that were never shown as lots or parcels on a plat, re -plat, or amended plat approved
by the County and recorded by the Clerk of Court's office. Such parcels do not meet the definition of
"lot" and therefore have no density assigned to them.
Additionally, the current Comprehensive Plan and LDC do not assign a maximum net density to RM
FLUM and IS zoning districts and, as such, the use of TDRs is not an option. Owners of vacant parcels
that do not meet the definition of "lot" and are within the RM FLUM and IS zoning district therefore
do not have any residential density.
The majority of these parcels were designated IS with the adoption of the land use district map in 1986
and RM with the adoption of the FLUM in 1993 (effective 1997).
Staff is proposing that parcels that do not meet the definition of "lot," but were established prior to the
adoption of the IS zoning district (September 15, 1986), be given the opportunity to develop one
dwelling unit by transferring one TDR to the parcel and retiring the development rights for one
dwelling unit on the TDR sender site. This proposal would not create a net increase in the number
of vacant buildable parcels in the County or a net increase in County -wide development
potential/density, as the applicant would need to retire one unit of density from another property
and transfer the TDR to the parcel proposed for development.
Pre -1986 parcels 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.
Preliminary analysis of the platted subdivisions within IS zoning districts indicates that there may be
approximately 215 parcels (not qualifying as "lots ") identified on plats prior to September 15,
1986. Additional parcels that are not shown on approved plats have not been analyzed as of the
date of this report. The number of parcels within this scenario may vary as property owners have
(and continue to) split and combine properties without County Planning & Environmental Resources
Department knowledge (nor plat approval). If this amendment is adopted, each parcel shall be
individually evaluated at the time of an application for development. Property owners must provide
sufficient evidence that the parcel was created prior to September 15, 1986.
Again, all TDR sender and receiver site criteria identified in Policy 101.13.3 would apply to such
transfers:
Page 6 of 7
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:
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.
Staff also recommends that the proposed maximum net density standard only be available to parcels
that 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 he established.
This potential amendment would also require a corresponding amendment to Policy 101.5.25 of the
Comprehensive Plan.
Staff is requesting direction from the BOCC regarding whether or not to process such text
amendments to the Comprehensive Plan and Land Development Code, and any changes to the
potential amendment language presented in this report.
Page 7 of 7
K.11.b
Examples of Parcels with IS Zoning
That Do Not Meet the Definition of "Lot"
2. Split /Subdivided from a "Tract" or "Block" on a Plat
i
\. 1
,d.
Packet Pg. 1393
1. Not included in a Plat
K.11.b
Packet Pg. 1394
3. Lot in an Unrecorded Plat
4. Designated on a Plat for Another Purpose
Agenda Item K11 — Alternative language option
NO Transferrable Development Right (TDR) required.
LDC 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 Maximum Net Minimum
Land Use District DU /Gross Acre of Densitymbx`) Open
Upland DU/Buildable Acre Space
Rat10
Improved Subdivision 1 /lot, or �� 0 0.20
(IS) 1/pre - 1986 parcel's' ��ro n , „” ^Ql
(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.
(g) Within the IS zoning district, the maximum net a_Ilocateddensity shall be 1 dwelling unit
per parcel for parcels that meet all of the following conditions:
1) The parcel boundaries must have been established in their current configuration
YIN prior to September 15,1986;
2) The applicant must provide sufficient evidence that the parcel boundaries were
established before September 15, 1986 (such as one or more of the following: boundary
survey, deed, etc.);
3) The parcel may not be identified for any other use or purpose on a plat (e.g., "park,"
"common area," etc.);
4) The subject parcel may not be a fractional portion of a platted lot,
5) The parcel must have a Tier designation of Tier III;
TDR to the IS parcel;
and
6) The subject parcel must include all infrastructure (potable water, adequate
wastewater treatment and disposal wastewater meeting adopted LOS, paved roads
etci and
87) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan
regarding legal access.