Item R3■
County ®f Monroe o BOARD COUNTY COMMISSIONERS
lrl Mayor Da Rice, District 4
-Ile Florida Keys 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, 2013
Agenda Item Number: R.3
Agenda Item Summary #4545
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: An Ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Land Use District (Zoning) Map from Sparsely
Settled (SS) to Suburban Residential (SR), for property located at 10 Egret Lane, Geiger Key,
approximately Mile Marker 11, legally described Lots 4 -7, Block 6, Boca Chica Ocean Shores,
Geiger Key, recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida,
having Parcel ID 00142020 - 000000, as proposed by Smith Hawks, PL on behalf of Debra S.
Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino (File 2018 -091)
ITEM BACKGROUND: The applicants, Debra S. Toppino, as Trustee of the Debra S. Toppino
Living Trust and Richard Toppino, own four (4) platted lots at 10 Egret Lane, Geiger Key. The
subject property currently has a Land Use District (Zoning) designation of Sparsely Settled (SS) and
a FLUM designation of Residential Low (RL). The applicants are requesting a change of the zoning
designation to Suburban Residential (SR). The Applicants state that the reason for the proposed
amendment is to "allow for a change in Minimum Open Space Ratio from 0.80 in SS to 0.50 in SR
which would allow the Applicant to rebuild the house on the Property and have hardscape and a pool
without changing the density or the restricted usage of his property."
Packet Pg. 2043
Existing Zoning Map Designation Proposed Zoning Map Designation
The proposed zoning amendment would result in no change in residential development potential of
allocated density, an increase in one (1) unit maximum net density residential potential for market
rate units with the use of TDRs; an increase in one (1) unit of affordable residential development
potential; maintain a development potential of 0 rooms or spaces for transient units; and an increase
in nonresidential development potential of 1,440 square feet.
The Planning Commission expressed concern that the proposed land use (zoning) district of
Suburban Residential (SR) would allow vacation rental use of the property; whereas, the current land
use (zoning) district of Sparsely Settled (SS) prohibits vacation rental use of the property. The
Applicant proffered the option to place a deed restriction on the property that prohibits vacation
rental use. Subsequently, the Planning Commission recommended approval through Resolution P22-
18.
The proposed LUD map amendment is consistent with the Monroe County Land Development Code
Section 102- 158(d)(5)b, specifically with factors: 4. New issues and 5. Recognition of need for
additional detail or comprehensiveness.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Ordinance (8 7 18)
2018- 091_Toppino_Staff Report
Ex.l Reso.P22 -18
Toppino_GeigerKey_Ordinance_Map
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 If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
hIX TA1 IHIlt -Is
Emily Schemper
Completed
Steve Williams
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Assistant County Administrator Christine
Hurley
07/30/2018 11:16 AM
Kathy Peters
Completed
Board of County Commissioners
Pending
07/26/2018 4:19 PM
07/27/2018 4:50 PM
07/27/2018 5:00 PM
07/30/2018 9:55 AM
Completed
07/30/2018 3:12 PM
08/15/2018 9:00 AM
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r
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2018
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE
DISTRICT (ZONING) MAP FROM SPARSELY SETTLED (SS) TO
SUBURBAN RESIDENTIAL (SR), FOR PROPERTY LOCATED AT 10
EGRET LANE, GEIGER KEY, APPROXIMATELY MILE MARKER 11,
LEGALLY DESCRIBED LOTS 4 -7, BLOCK 6, BOCA CHICA OCEAN
SHORES, GEIGER KEY, RECORDED IN PLAT BOOK 5 AT PAGE 49
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
HAVING PARCEL ID 00142020 - 000000, AS PROPOSED BY SMITH
HAWKS, PL ON BEHALF OF DEBRA S. TOPPINO, AS TRUSTEE OF
THE DEBRA S. TOPPINO LIVING TRUST AND RICHARD TOPPINO;
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 AMENDMENT TO THE LAND USE
DISTRICT (ZONING) MAP; PROVIDING FOR AN EFFECTIVE DATE.
(FILE #2018 -091)
WHEREAS, on May 2, 2018, the Planning and Environmental Resources Department
received an application from Barton W. Smith of Smith Hawks PL on behalf of Debra S.
Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino "the Applicants,"
to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential
(SR) for property located at 10 Egret Lane on Geiger Key with Parcel ID 00142020- 000000; and
WHEREAS, the property has a Residential Low (RL) Future Land Use Map designation;
and
WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
regulations to be consistent with and implement the Comprehensive Plan; and
WHEREAS, the Applicant held a Community Meeting regarding the proposed
amendment, as required by MCC §102- 159(a), on June 6, 2018; and
Ord. -2018
File 2018 -091
Page 1 of 4
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WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendments at a regularly scheduled meeting held on the 26 day of June, 2018;
and
WHEREAS, on June 26, 2018, the Monroe County Development Review Committee
(DRC) reviewed the proposed map amendment; and
WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County
Planning Commission held a public hearing for the purpose of considering the proposed
amendment to the Land Use District (Zoning) Map and provided for public comment; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P22 -18
recommending approval of the proposed Zoning map amendment; and
WHEREAS, at a regularly scheduled meeting held on the 15 day of August, 2018, the
Monroe County Board of County Commissioners held a public hearing, considered the staff
report, and provided for public comment and public participation in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Findings of Fact:
1. Prior to the 1986 adoption of the County's current land development regulations and
their associated land use district maps, the subject parcel was within the RU -1 (single -
family residential) zoning district; and
2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
for all areas of the unincorporated county, and the subject parcel was given its current
zoning designation of Sparsely Settled (SS); and
3. Monroe County Code (MCC) §102 -158 states that map amendments are not intended
to relieve particular hardships, nor to confer special privileges or rights on any person,
nor to permit an adverse change in community character, analyzed in the Monroe
County Comprehensive Plan, but only to make necessary adjustments in light of
changed conditions or incorrect assumptions or determinations as determined by the
findings of the BOCC; and
4. MCC §102- 158(d)(7)b. provides that one or more of the following criteria must be
met for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan [the Comprehensive Plan];
d. New issues;
e. Recognition of a need for additional detail or comprehensiveness; or
f. Data updates; and
Ord. -2018
File 2018 -091
Page 2 of 4
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5. Map amendments to the Monroe County Land Use District Map shall not be
inconsistent with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the BOCC makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions of the Monroe
County Code:
a. As required by MCC §102 -158, the map amendment does not relieve particular
hardships, nor confer special privileges or rights on any person, nor permit an
adverse change in community character, as analyzed in the Monroe County Year
2030 Comprehensive Plan;
b. As required by MCC §102- 158(d)(7)b., the map amendment is needed due to data
errors and new issues; and
2. The proposed map amendment is consistent with the provisions and intent of the
Monroe County Year 2030 Comprehensive Plan:
a. The Suburban Residential (SR) Land Use (Zoning) District corresponds with the
Residential Low (RL) Future Land Use Map designation and is consistent with
the respective density and intensity standards as set forth in Policy 101.5.25;
b. The Suburban Residential (SR) Land Use (Zoning) District is consistent with the
purpose of the Residential Low (RL) Future Land Use Map designation, as set
forth in Policy 101.5.6;
c. The proposed amendment is not inconsistent with the Lower Keys Livable
CommuniKeys Plan; and
3. The proposed map amendment is not inconsistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Use District (Zoning) map is hereby amended as
follows:
The property located at 10 Egret Lane, approximately Mile Marker 11, described
as Lots 4 -7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat
Book 5 at Page 49 of the public records of Monroe County, Florida, having Parcel
ID 00142020- 000000 shall be designated as Suburban Residential (SR) as shown
on Exhibit 1, attached hereto and incorporated herein.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Ord. -2018
File 2018 -091
Page 3 of 4
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Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section_ . Filing This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until approved by the Florida State Land
Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter
120 of the Florida Statutes.
Section 6. Inclusion on the Monroe Cou Ly Code's Official Land Use District Map. The
provisions of this Ordinance shall be included and incorporated on to the Official
Land Use District Map of Monroe County.
Section 7. Effective Dates This ordinance shall become effective as provided by law and
stated above.
PASSED AND PTE by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1.
George Neugent, District 2
Heather Carruthers, District 3
Attest: KEVIN MADOK, CLERK BOARD OF COMMISSIONERS
OF MONROE COUNTY, D.
Deputy Clerk
(SEAL)
r
Mayor David .Rice
Ord. _ -2018
File 2018 -091
Page 4 of 4
,J
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
Date: July 24, 2018
Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban
Residential (SR), for property located at 10 Egret Lane, Geiger Key, approximately Mile
Marker 11, legally described Lots 4 -7, Block 6, Boca Chica Ocean Shores, Geiger Key,
recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida,
having Parcel ID 00142020- 000000, as proposed by Smith Hawks, PL on behalf of Debra
S. Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino (File
2018 -091)
Meeting: August 15, 2018
I REQUEST
On May 2, 2018, the Planning and Environmental Resources Department received an application from
Barton W. Smith of Smith Hawks PL on behalf of Debra S. Toppino, as Trustee of the Debra S.
Toppino Living Trust and Richard Toppino "the Applicants," to amend the Land Use District (Zoning)
Map from Sparsely Settled (SS) to Suburban Residential (SR) for property located at 10 Egret Lane
on Geiger Key.
File 4 2018 -091 Page 1 of 11
R.3.b
II BACKGROUND INFORMATION
Site Information:
Location: MM 11, Geiger Key
Address: 10 Egret Lane
Description: Lots 4 -7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat Book
5 at Page 49 of the Public Records of Monroe County, Florida.
Parcel ID: 00142020- 000000
Owner /Applicant: Debra S. Toppino, as Trustee of the Debra S. Toppino Living Trust and
Richard Toppino
Size of Property: 0.66 acres (28,800 SF per Monroe County Property Appraiser)
FLUM Designations: Residential Low (RL)
Land Use Districts: Sparsely Settled (SS)
Tier Designation: III
Flood Zones: AE (EL 10)
CBRS: No
Existing Use: Single - family residence and accessory
uses and structures.
Existing Vegetation /Habitat: Developed Land
Community Character of Immediate Vicinity:
Adjacent land uses include single - family uses to the
north and west, and vacant land to the south and east
across the canal.
The property currently has a Land Use District (Zoning)
designation of Sparsely Settled (SS) and a Future Land Use
Map (FLUM) designation of Residential Low (RL). The
property was within the RU -1 (single - family residential) land
use district prior to September 15, 1986. With the adoption of
the Comprehensive Plan's FLUM in 1997, the property was
given the current FLUM designation of Residential Low (RL).
File # 2018 -091
I
H abitat. -
Page 2of11
Packet Pg. 2051
Existing Zoning Map Designation
Proposed Zoning Map Designation
The property is currently developed with accessory uses and structures associated with a home
damaged by Hurricane Irma and now demolished, and has an active building permit ( 418102721) for
a replacement single - family residence issued on May 18, 2018. The property received a determination
of one (1) residential dwelling unit that is exempt from the Residential Rate of Growth Ordinance
(ROGO) in May 2018. The property contains developed land habitat and canal shorelines. A
vegetation survey /existing conditions report was not submitted with the application to confirm the
habitats.
The Applicants state that the reason for the proposed amendment is to "allow for a change in Minimum
Open Space Ratio from 0.80 in SS to 0.50 in SR which would allow the Applicant to rebuild the house
on the Property and have hardscape and a pool without changing the density or the restricted usage of
his property."
The Applicants cite conformance with current Comprehensive Plan policies and Land Development
Code regulations. Furthermore, the Applicants assert by amending the land use designation, the
property will be brought into compliance with open space regulations, eliminating an existing legal
nonconformity, while not increasing allocated density. The Applicants' full explanation and
justification of the proposed amendments is included in the file for the application (File 42018 -091).
Staff has reviewed the Applicants' position and supporting documentation, and concurs the request
identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity.
Staff is also reviewing the proposed amendment for consistency with State Statutes, Rules, internal
consistency with the Comprehensive Plan and balancing all these items and policy issues.
Community Meeting
In accordance with LDC Section 102- 159(a), a community meeting was held on June 6, 2018 at 5:30
PM to discuss proposed LUD map amendment.
Development Review Committee and Public Input
At a regular meeting held on June 26, 2018, the Development Review Committee (DRC) considered
the proposed LUD map amendment and provided for public comment.
Planning Commission
At a regular meeting held on July 25, 2018, the Planning Commission considered the proposed map
amendment. The Planning Commission expressed concern that the proposed land use (zoning) district
of Suburban Residential (SR) would allow vacation rental use of the property; whereas, the current
land use (zoning) district of Sparsely Settled (SS) prohibits vacation rental use of the property. The
Applicant proffered the option to place a deed restriction on the property that prohibits vacation rental
use. Subsequently, the Planning Commission recommended approval through Resolution P22 -18.
File 4 2018 -091 Page 3 of 11
III. AMENDMENT REVIEW
Maximum Allocated Density and ntensity by Land Use District (Zoning) Map Desi nation
File 4 2018 -091 Page 4 of 11
Adopted
Development
Existing Zoning
Type
Standards
potential based
upon density
Sparsely Settled Residential
Residential
Allocated Density
0.5 DU /gross acre
0 units
(SS)
TDR/Market Rate
N/A
0 units
Residential Max Net Density
Total Upland Area: 0.66
acres
Affordable Residential Max
N/A
0 units
28,800 sf
Net Density
Transient
0 rooms or spaces
0 rooms /spaces
0.13 buildable acres
(0.66 ac — 0.8 open space
Allocated Density
/acre
Nonresidential
02
5 760 sf
ratio)
Maximum Intensity
Adopted
Development
Proposed Zoning
Type
Standards
potential based
upon density
Residential
0.5 du /gross acre
0 units
Allocated Density
Suburban Residential (SR)
TDR/Market Rate
5.0 DU /buildable
1 unit
Residential Max Net Density
acre
Total Upland Area: 0.66
Affordable Residential Max
5.0 DU /buildable
1 unit
acres
28,800 sf
Net Density
acre
0.33 buildable acres
Transient
0 rooms or spaces
0 rooms /spaces
(0.66 ac — 0.5 open space
Allocated Density
/acre
ratio)
<2,500 SF (per
Nonresidential
130 -94)*
7,200 sf*
Maximum Intensity
0.25 FAR
Residential Market Rate Allocated: 0 units (no change)
TDR/Market Rate Residential Max Net: +1 unit
Net Change in Development
Affordable Residential Max Net: +1 unit affordable
Potential Based on Zoning
Transient Allocated: 0 rooms /spaces (no change)
Nonresidential: +1,440 sf*
File 4 2018 -091 Page 4 of 11
*Per Land Development Code Section 130 -94, only lawfully established nonresidential uses in the SR
land use district which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as
permitted uses in the land development regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre -2010 LDRs, Section 9 -206) and lawfully existed on
such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped,
make substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in chapter 110, article III.
The above table provides an approximation of the development potential for residential, transient and
commercial development. Section 130- 156(b) of the Land Development Code states: "The density and
intensity provisions set out in this section are intended to be applied cumulatively so that no
development shall exceed the total density limits of this article. For example, if a development includes
both residential and commercial development, the total gross amount of development shall not exceed
the cumulated permitted intensity of the parcel proposed for development."
As shown in the blue portion of the table, the proposed Zoning amendment would result in no increase
in permanent allocated residential development potential; an increase in one (1) unit maximum net
density residential potential for market rate units with the use of TDRs; an increase in one (1) unit of
affordable residential development potential; maintain a development potential of 0 rooms or spaces
for transient units; and an increase in nonresidential development potential of 1,440 square feet.
Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land
Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit
process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable
ROGO allocations may be available) prior to issuance of a building permit. The property received a
determination of one (1) residential dwelling unit that is exempt from the Residential Rate of Growth
Ordinance (ROGO) in May 2018.
Pursuant to Land Development Code Section 130 -163, property owners whose land contains a
lawfully established dwelling unit that was in existence before January 4, 1996, are permitted to
replace the unit and it shall not be considered nonconforming to density. Therefore, regardless
of the zoning district, the previously existing would be permitted to be replaced under either the
existing or proposed land use district.
Compatibility with the Surrounding Area
a. Existing Vegetation /Habitat: Developed Land
b. Existing Tier Designation: III
c. Number of Listed Endangered or Threatened Species: One — marsh rabbit buffer
d. Existing Use: single - family residence and accessory uses and structures
e. Community Character of Immediate Vicinity: Adjacent land uses include single - family uses
to the north and west, and vacant land to the south and east across the canal.
The proposed Zoning amendment is not anticipated to adversely impact the community character of
the surrounding area.
File 4 2018 -091 Page 5 of 11
IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN
AND THE MONROE COUNTY LAND DEVELOPMENT CODE
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County Year 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 101.5
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 101.5.25
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.
Future Land Use Densities and Intensities
Residential
Nonresidential
Minimum
Open Space
Future Land Use Category
Ratio (0
And Corresponding
p g
Allocated Density ca)
Maximum Net Density
(a) ro>
Maximum Intensity
Zoning
(per upland acre)
(per buildable acre)
(floor area ratio)
Residential Low (RL)
0.50 du
3 du (SR -L)
0.25
0.50 (SR,
(SS, SR, and SR -L zoning)
5 du (SR)
SR -L)
0 rooms /spaces
or
0.80 (SS)
1 du /lot (SR) -
N/A (SS)
N/A
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum
net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density
without the use of TDRs. "N /A" means that maxim 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.
File 4 2018 -091 Page 6 of 11
(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
pennitted for educational, research or sanitary purposes.
(f) For properties consisting of hainmocks, pinelands or disturbed wetlands within the Mixed Use/ Coinmercial and Mixed
Use/ Coinmercial 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.
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per
each recognized lawfully established unit. Such lawfully- established dwelling unit(s) shall not be
considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe
County Code.
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:
File 4 2018 -091 Page 7 of 11
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 105.2.2
Monroe County shall maintain overlay map(s) designating geographic areas of the County as one
of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an
overlay on the zoning map(s) with supporting text amendments in the Land Development
Regulations. These maps are to be used to guide the Land Acquisition Program and the smart
growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1).
Objective 108.2
Monroe County shall consider the protection of public health, safety and welfare as a principal
objective of compatible land use planning on lands adjacent to or closely proximate to the Boca
Chica airfield of NASKW. (Ord. No. 012 -2012, DEO 12- lACSC -NOI- 4401- (A)(I), eff. 7 -19-
2012)
Policy 108.2.2
Density and intensity standards and land uses established by the Future Land Use Element and
Future Land Use Map, on the effective date of this policy, for properties located within the MIAI
overlay shall be recognized and allowed to develop to the maximum development potential
pursuant to the standards existing on the effective date of this policy. (Ord. No. 012 -2012, DEO
12- lACSC -NOI- 4401- (A)(I), eff. 7 -19 -2012)
B. The proposed amendment is consistent with the provisions and intent of the Monroe County
Code Land Development Code.
In accordance with MCC §102- 158(d)(5)b., the BOCC may consider the adoption of an ordinance
enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text of
boundary was based;
Per the Applicants: There are no changed projections.
File 4 2018 -091 Page 8 of 11
2. Changed assumptions (e.g., regarding demographic trends);
Per the Applicants: There are no changed assumptions.
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume I of the plan;
Per the Applicants:
The purpose of S ar"sdy Settled (SS) is to establish areas of to %% density residential deN elopruent
ww°lncgre the lnredoinirrarnt character is n atiwe or open lands, l larwwewer. the designation of °lhe Proper
with ar land use ol` SS was at data error becaause, the 1 was wlew eloped with j ust under Sit °$i�
being hardseape and impervious at the tunic the land use was tnw�erlaial for the Property.
The purpose ral°SrabLffban Residential (Sk) is to estalnlisln low- to ineditirn intensity residential uses
characterized pr - incipally by single;- tinnily detached dwwellirngs wwhich is more nalnlnroprlr-ate lot the
prope given tile: location and characteristics of the neighborhood in which the l') nerty is
located.
Theretorc, Sly is wore appronr'uue as wnlnlnosewl two SS ior the dewvelolmiem of the I)r°opermtrr that
existed at the tinne the land use times were adopted.
4. New issues;
Per the Applicants:
The nekv rssuc is inngnewlrrng, the ability of'the Applicant to rebuild the htnttse wwhieh was destroyed
by Hurricane lrrnnan in September 2011 because the house was in c isicrnee for decades rid Was
buili pre- t"tntic, °1 "he Property should be wlesigrnaaierl as Ski, irasrcaaiw,l of SS to dlor the ApI licant tan
rebuild the house and hmv the sarnae irnnlneuWiwbrrs srr as hef'ore while sinntih aneously aalloww°irng
the Proper=ty to co nnlwly with the ( "o& Please see Section 11 of the w;o. ,cr° letter dated May 2, girls
stnbtn fitted with the Apphcatrrrrn,
The proposed land use district of SR would allow for the property to be brought into compliance
with open space regulations without necessitating the removal of previously lawfully existing
accessory uses and structures. Although the proposed amendment would not bring the property
into compliance with the density standards of LDC Section 130 -157, pursuant to Section 130 -163,
property owners whose land contains a lawfully established dwelling unit that was in existence
before January 4, 1996, are permitted to replace the unit and it shall not he considered
nonconforming to density. The proposed amendment would not increase the development potential
on the parcel beyond the existing market -rate single - family dwelling unit.
5. Recognition of a need for additional detail or comprehensiveness; or
File 4 2018 -091 Page 9 of 11
Per the Applicants: Please see Section II of the cover letter dated May 2, 2018 submitted with the
Application.
A. basis for : nickndinett :.
The 1�@tl.kM"!OTIV 7; � Urr� nth LlSe i hV the :'�pjlil d0'0 ads 11"1 ,'��1�1��lica: it's iesi(iei ce, and °11 "'
11CIUara lUeaxU on the lrrrrlrcrly w destrwrycd fad 1 3tirnca.rt)c lrnia riw S uptember 201 F The hoLi e
1rHcale�h oil lbe Property have hoer' irr e xi Wesiwe l"Or dec atles a jcj built pre Co(le. 1 °fic Applicant
w cold h1kc tar rebuild: Hhe house hz'ls an t5su u b,cc ust the Prop iry eoivsis.ts of a total of28,800
;,quarxa feet. Thu wowrr:t -'g open wparc olrE the lmroj;l rrty is 16.8,94 sgUaIC f'ccl, anti the iemainder
6'Srr J �;� � f t�1'7�, r lrt.�mriw_ dnr c' vayw , lhlrlill} al l pod �1 1'rardsc,.arlaw;, l]dr`�w��.'s t.. rA SS tl )'e, t6rtr'rGSr "atrt9r. 01,mr..
sparce rcgLr red ,arr tl r B Ttap�.r"t1r is ? „C,r 1p� s rarA'a° lest. laic Vic: °c 11; >.. � i 'a t; t ;N� Lam] 1J lrslrr r �'�t,
Cooly & "Cock" 1. ww°law° the pr°irrcipal rrs or strue.0 e is dos wr 'Nshc the acce ssor �t� t�r.,trrr .,� inus,t
Come irrto eompliance with the 1,m Of use r.lrst[`ic t, whic wwoulci requirrt the Alrlrliw ant r'eino e 6,146
squar'e feet rafhardst.upe, irrc;l'trtfrwtp~ hjs pool, draw. eLvays wid, reran of`tlre 1'catuirs th M exisled art tJ'i.r
hcrrrrc, l w°er`r if lrr. r°a.rr101v_C l these femk.ar they w�PCrtr411 tars haw, l��ar raitta cl tow he ��ri tarrlewr, ffiet
was H signifixcar -. rodtrc:tiort irr the harrls< -,ape, y
The UJO Amerrdr °raetrt allow fo, , a c hallge irr "4fiwrrrum Opci `grace 16 i fr°arrrr "l 80 Sri S
to 0.50 irr S R which would allow the Applicant lip r°elwrld the he use on the Pi opert and ha k
hardse:alre, wid a pool ww ilirow char, tlarr c.lenszty or the r estricieci trsal e op`hcs rOpwrsty',.
The arrenefirrerrt vvw:e ld not cliatr c the arllo y'mblc deve- 1c,,ji rrcrrf -(ie q led lraoner°rie r
have t,ui a llocated ewsi c m l,5 amt PC,',' Sr("f °'inn 14mrmi S (le `: igil'a?a,;d lei oj) cs have an AHI)c.artcd
of O.5 u nits pet ac'r .
1 hera.ilrre. the w'" rrjcmfit iem cw °ill allow' the Appherrrrt to r'eliuild the hnuse arrrcl l;wtic�,I rrarrt,a ww°itkrrr7
the corigirlart fi.,lotpaa'i�t.l acrd the trwvw:ssary aniotmt ofclrcrr sjiar:cc to, c:;w ?srrlarly v�, °Ithr th t "wYClc
Redevelopment of previously existing residential density is permitted, provided the property
comes into compliance with all other applicable regulations, including open space. The proposed
amendment to SR would allow for the property to be brought into compliance with open space
regulations without necessitating the removal of previously lawfully existing accessory uses and
structures. Although the proposed amendment would not bring the property into compliance with
the density standards of LDC Section 130 -157, pursuant to Section 130 -163, property owners
whose land contains a lawfully established dwelling unit that was in existence before January 4,
1996, are permitted to replace the unit and it shall not he considered nonconforming to density.
The proposed amendment would not increase the development potential on the parcel beyond the
existing market -rate single - family dwelling unit.
6. Data updates.
Per the Applicants: Not applicable.
In accordance with MCC §102- 158(d)(5)c., in no event shall an amendment be approved which
will result in an adverse community change to the planning area in which the proposed
File 4 2018 -091 Page 10 of 11
development is located or to any area in accordance with a livable communikeys master plan
pursuant to findings of the board of county commissioners.
Per the Applicants:
The L)D Anicildinent not rauh in an adveme c"niniunity change in Me Qnning arcH ot
sunounding corusnunity, The Pniperty is used for residential Pin %vith the intention of
whuilthng I house and I g!ucst house art We Propeny the s'-une lbolprint, 111c Pn")Perty is
ad,jacc io neighboiing residentAl pnmerties wmed as SS %0ich is a, coni�patildc L. d
F'rc,perty and % not create any signiRewm impacts, T'Y�c Property Ricated on a point W and �s
surrounded by other residences and water.
`I he dens'i ties l - (o SS and SR are flic want Moreover. the rwrmirtcd uses ITcthc sanic for SS , nnd
SR, exmpt SR uYlow Ar pmks and vacati(:m icniak, whdc SS duu not for noma conwon
uses, SR nlloivs inshadional usm, but SS does not. SS allo%N s puhhc buildings ,% dc SR does not
Ncillier SS nor SR allmk liotcbinotel,'RV uses. Furthermore, !be scfticks for SL,,' and Sly arc the
sonic,
Ile land zura which k the subject of the requested 1.1,1D Amendniew is dusignated as 'Tier Ili,
classilied as developed land, and is not classified as habilat for any protected species,
The Imopeny is k xvithin the \-Wilary lnslal lalion Ared c&lmpact, howc�vr- the request is not
an aaiu[dmvn1 Wi thc Fulusc Wd Usc plap and 1hereflore Policy 108.2,5 is inappflicabic,
Rcgwdkss of its ap1dication, the perrniuecl dendly is n(M changing and the PTOPCI becournes
conforming as to dcnsity
The principal use of the property will remain residential and is not anticipated to result in an adverse
community change to the planning area in which the property is located.
V. RECOMMENDATION
Staff recommends approval of the proposed Land Use District (zoning) map amendment from Sparsely
Settled (SS) to Suburban Residential (SR) for property located at 10 Egret Lane, Geiger Key having
Parcel ID 00142020-000000.
VI. EXHIBITS
1. Planning Commission Resolution P.22-18
2. Ordinance for Proposed Zoning Map Amendment
Fit 4 2018-091 Page 11 of 11
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WHEREAS, on May 2, 2018, the Planning and Environmental Resources Department
received an application from Barton W. Smith of Smith Hawks PL on behalf of Debra S.
Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino "the
Applicants," to amend the Land Use District (Zoning) Map from Sparsely Settled to Suburban
Residential (SR) for property located at 10 Egret Lane on Geiger Key with real estate number
00142020 - 000000; and
WHEREAS, the property has a Residential Low (RL) Future Land Use Map designation;
and
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendments at a regularly scheduled meeting held on the 26 day of June, 2018;
and
Resolution #P_4-18
File #2018 -091
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WHEREAS, on June 26, 2018, the Monroe County Development Review Committee
(DRC) reviewed the proposed map amendment; and
WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County
Planning Commission held a public hearing for the purpose of considering the proposed
amendment to the Land Use District (Zoning) Map and provided for public comment; and
WHEREAS, the Monroe County Planning Commission was presented with the following
documents and other information relevant to the request, which by reference is hereby
incorporated as part of the record of said hearing:
1. Request for a Land Use District (LUD) Map Amendment application received by the
Planning & Environmental Resources Department on May 2, 2018 (File 2018 -091); and
2. Staff report prepared by Cheryl Cioffari, AICP, Principal Planner dated July 11, 2018;
and
3. Sworn testimony of the applicant; and
4. Sworn testimony of Monroe County Planning & Environmental Resources Department
Staff; and
5. Advice and counsel of Steve Williams, Assistant County Attorney, and Thomas Wright,
Planning Commission Counsel; and
WHEREAS, the Applicant proffered to place a Declaration of Restrictive Covenants on
the property prohibiting the use of vacation rental uses or transient uses in perpetuity; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. Prior to the 1986 adoption of the County's current land development regulations and
their associated land use district maps, the subject parcel was within the RU -1 (single -
family residential) zoning district; and
2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted
for all areas of the unincorporated county, and the subject parcel was given its current
zoning designation of Sparsely Settled (SS); and
3. Monroe County Code (MCC) §102 -158 states that map amendments are not intended
to relieve particular hardships, nor to confer special privileges or rights on any
person, nor to permit an adverse change in community character, analyzed in the
Monroe County Comprehensive Plan, but only to make necessary adjustments in light
of changed conditions or incorrect assumptions or determinations as determined by
the findings of the BOCC; and
4. MCC §102- 158(d)(7)b. provides that one or more of the following criteria must be
met for a map amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based;
b. Changed assumptions (e.g., regarding demographic trends);
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan [the Comprehensive Plan];
d. New issues;
Resolution #P
File #2018 -091
Pa Packet Pg. 2062
1 e. Recognition of a need for additional detail or comprehensiveness; or
2 f. Data updates; and
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4 5. Map amendments to the Monroe County Land Use District Map shall not be
5 inconsistent with the Principles for Guiding Development in the Florida Keys Area of
6 Critical State Concern; and
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8 WHEREAS, based upon the information and documentation submitted, the Planning
9 Commission makes the following Conclusions of Law:
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11 1. The proposed map amendment is consistent with the provisions of the Monroe
12 County Code:
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14 a. As required by MCC §102 -158, the map amendment does not relieve particular
15 hardships, nor confer special privileges or rights on any person, nor permit an
16 adverse change in community character, as analyzed in the Monroe County Year
17 2030 Comprehensive Plan;
18 b. As required by MCC § 102- 158(d)(7)b., the map amendment is needed due to data
19 errors and new issues; and
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21 2. The proposed map amendment is consistent with the provisions and intent of the
22 - Monroe - County Year203fl CQmprehensrv)e�
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24 a. The Suburban Residential (SR) Land Use (Zoning) District corresponds with the
25 Residential Low (RL) Future Land Use Map designation and is consistent with
26 the respective density and intensity standards as set forth in Policy 101.5.25;
27 b. The Suburban Residential (SR) Land Use (Zoning) District is consistent with the
28 purpose of the Residential Low (RL) Future Land Use Map designation, as set
29 forth in Policy 101.5.6;
30 c. The proposed amendment is not inconsistent with the Lower Keys Livable
31 CommuniKeys Plan; and
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33 3. The proposed map amendment is not inconsistent with the Principles for Guiding
34 Development in the Florida Keys Area of Critical State Concern;
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36 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
37 MONROE COUNTY, FLORIDA, that they hereby recommend approval to the Board of
38 County Commissioners of the proposed amendment to the Land Use District (Zoning) Map
39 designation from Sparsely Settled (SS) to Suburban Residential (SR) for property located at 10
40 Egret Lane, approximately Mile Marker 11, described as Lots 4 -7, Block 6, Boca Chica Ocean
41 Shores, Geiger Key, Recorded in Plat Book 5 at Page 49 of the public records of Monroe
42 County, Florida, having real estate number 00142020- 000000.
43
Resolution #P - 18
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PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 25 day of July, 2018.
Denise Werling, Chair
William Wiatt, Commissioner
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Beth Ramsey- Vickrey, Commissioner
Teri Johnston, Commissioner
�1
Ron Miller, Commissioner
�1
Monroe County Planning Commission Attorney
Approved As To Form
Dater
FILED WITH THE
0'U? 2 5 2118
AGENCY CLEF
Resolution #PA 18
File #2018 -091
Pa Packet Pg. 2064
Exhibit 1 to Ordinance# -2018
The Monroe County Land Use District is amended
as indicated above.
Land Use District change of one parcel of land in Geiger Key having Real Estate Number 00142020 - 000000
from Sparsely Settled (SS) to Suburban Residential (SR). N
A