Item Q7 Q.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: Q.7
Agenda Item Summary #5537
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing regarding Transmittal to the State Land Planning
Agency of an ordinance by the Monroe County Board of County Commissioners amending Policy
101.5.25 of the 2030 Monroe County Comprehensive Plan to address density issues on parcels of
land within the residential medium (RM) Future Land Use Map category and the Improved
Subdivision (IS) zoning district that are not platted lots.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the 2030 Comprehensive Plan, as directed by the BOCC on August 15, 2018, to amend Policy
101.5.25 to address density issues on parcels of land, that are not platted lots, within the Residential
Medium (RM) Future Land Use Map category and the Improved Subdivision (IS) zoning district.
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 the RM FLUM and IS
zoning district.
The majority of parcels within IS zoning districts and with RM FLUM designations are platted lots
within subdivisions identified on plats approved by the County. However, there are a number of
parcels with RM 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." Lot means a duly recorded lot as shown on a plat
approved by the County. (Also described as platted lot [Ref. LDC Section 101-1]. 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. In addition, they may be in violation of LDC 110-96(a) depending on the
terms of conveyance.
Packet Pg. 3024
Q.7
Sec. 110-96. -Plat Approval and Recording Required.
(a) Except as provided in subsections (b) and (c) of this section,plat approval shall be required
for:
(1) The division of a parcel of land into three or more parcels of land;
(2) The division of a parcel of land into two parcels of land where the land involved in the
division was previously divided without plat approval; or
(3) The division of a parcel of land into two parcels of land where the disclosure statement
required under subsection (e) of this section is not attached to the conveyance.
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).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
and Land Development Code text amendments was held on November 27, 2018 in Marathon and
provided for public input. Issues identified by the public at the meeting included:
• "current configuration" of parcels and how strict the date/location of parcel lines would be
• Paved roads —what constitutes a paved road
• ROGO process for owners who previously submitted applications under the current code
Development Review Committee and Public Input
At a regular meeting held on January 15, 2019, the Development Review Committee (DRC)
considered the proposed Comprehensive Plan text amendment and corresponding Land
Development text amendment, and provided for public comment.
Planning Commission and Public Input
On February 27, 2019, at a regular public meeting, the Planning Commission held a public hearing
regarding the proposed amendment and provided for public comment. The Planning Commission
considered the application, the staff report, and the comments from the public in their
discussion, and recommended approval with changes, as discussed at the public hearing, of the
proposed CP text amendment (Resolution P15-19). The PC recommended the selection of Option
A (which would not require use of a TDR) as presented in the staff report dated February 12, 2019,
with the following changes:
1. Edit (n) 1) as follows:
The parcel boundaries must have been established in their current configuration prior to
September 15,1986, except for de minimis changes (no more than 10% of the parcel's
ht4aiid area) to the parcel boundaries made after September 15, 1986, but prior to
44August 12, 1992, which did not create another buildable parcel ek de minimis
and
PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
Staff has reviewed the language presented to the BOCC at the August 15, 2018 meeting and the
direction they gave to proceed with the amendments without the requirement for a TDR. Presented
here are two options, both of which contain the following criteria:
Packet Pg. 3025
Q.7
1) The parcel boundaries must have been established in their current configuration prior
to September 15,1986, except for de minimis changes (no more than 10% of the parcel's
area) to the parcel boundaries made after September 15, 1986, but prior to August 12,
1992, which did not create another buildable parcel;
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 subject parcel must have a minimum of 2,000 sf of upland that is not reserved as
an access easement or designated purpose other than residential use;
6) The parcel must have a Tier designation of Tier III;
7) The subject parcel must include all infrastructure (potable water, adequate wastewater
treatment and disposal wastewater meeting adopted LOS,paved roads, etc.); and
8) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan
regarding legal access.
The difference between the two OPTIONS is regarding the requirement of transferring one
Transferrable Development Right (TDR) to the parcel and retiring the development rights for one
dwelling unit on the TDR sender site utilizing the existing TDR procedure. Utilizing TDRs would
ensure that the proposed text amendment does not increase the overall density within the County by
relocating existing development rights from sender sites and retiring future development rights on
those sender sites. With a limited number of ROGO allocations available for distribution through
2023, it benefits the County to encourage the use of TDRs.
OPTION A: proposed amendment without requirement of a TDR, as directed by the BOCC, with
additional, more detailed, recommendations from staff and planning commission, as needed based
on further research.
OPTION B: Staff proposed amendment with the requirement of a TDR,
(because of the County's issue with takings liability for vacant lots that may not be able to
receive a ROGO allocation in the future) and the same additional, more detailed,
recommendations from staff as needed based on further research.
OPTION A (directed by BOCC):
Deletions are sti44eti thiit�)Hgli.; additions are shown in uun(Je•Hne(., changes proposed by staff after
BOCC direction are shown in per:
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 101.5.1101.5.20. [F.S. §
163.3177 6 a l.]
Future Land Use Densities and Intensities Minimum
Future Land Use Category Residential Nonresidential Open Space
and Corresponding Zoning Allocated Density(a) Maximum Maximum Ratio W
Packet Pg. 3026
Q.7
(per upland acre) Net Density Intensity
(a'@' (floor area
(per buildable ratio)
acre)
Agriculture/Aquaculture
Per
(A)(a) 0 du N/A
0.25 underlying
(no directly corresponding 0 rooms/spaces N/A
zoning) zoning
Airport(AD) 0 du N/A
0.10 0.20
(AD zoning) 0 rooms/spaces N/A
Commercial(COMM) 0 du N/A
0.15-0.50 0.20
(C1 and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du N/A
0.05 0.90
(CD zoning) 0 rooms/spaces N/A
Education(E)(a) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Industrial(I) 1 du 2 du
0.25-0.60 0.20
(I and MI zoning) 0 rooms/spaces N/A
Institutional(INS)(a) 0 du N/A Per
(no directly corresponding 15 rooms/spaces 24 0.30 underlying
zoning) rooms/spaces zoning
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
(MF zoning) 10 rooms/spaces 20 0.30-0.50 0.20
rooms/spaces
2 du(MI) 0.10-0.45
1 du 6-18 du(SC) (SC,UC,DR
(DR,MU,MI) (k)
Mixed Use/Commercial 3 du(SC) 12 du(UC) MU)
(MC)OW 6 du(UC) 12-18 du
(SC,UC,DR,RV,MU Commercial Apartments (MU)(k) <2 500 SF
and MI zoning) (RV)(1) 18 du(DR) (RV) 0.20
5-15 rooms/spaces 10-25 0.30-0.60
rooms/spaces (MI)
1 du 12 du(CFA,
Mixed Use/Commercial (CFSD-20)c) CFSD)
Fishing(MCF)0 3 du(CFA, all other CFSD)
(CFA, CFV, CFSD 1 du/lot(CFV) N/A(CFV)
0.25-0.40 0.20
zoning)
0 rooms/spaces N/A
Preservation(P)(a) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
Public Buildings/Lands 0 du N/A Per
(PB)(a)
(no directly corresponding 0.30 underlying
0 rooms/spaces N/A zoning
zoning)
Packet Pg. 3027
Q.7
Public Facilities(PF)(1) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Recreation(R) 0 du N/A
0.20 0.90
(PR zoning) 2 rooms/spaces N/A
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) N/AN/A 0-0.20 0.95
(OS and NA zoning) 0 rooms/spaces
3 du(SR-L)
0.50 du 5 du(SR)
Residential Low(RL) or 0.50(SR,
(SS, SR, and SR-L 1 du/lot(SR) 0.25 SR-L)
zoning) N/A(SS) 0.80(SS)
0 rooms/spaces
N/A
Residential Medium(RM) 1 du/lot(IS,IS-V,IS-M)_ibt N/A
(IS r D
'1,IS-V,IS-ML) and G ° "° )
IS-D 0)zoning) 2 du/lot(IS-D)W
0 rooms/spaces N/A 0 0.20
12-25 du
6 du(UR) (UR)WN/A(IS-D,
Residential High(RH) Idu/lot(URM,URM-L) URM
(IS-D 0),URM,URM-L 2 du/lot(IS-D)
and UR zoning) URM-L)
0-10 rooms/spaces 0 0.20
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 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.
(f) 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
Packet Pg. 3028
Q.7
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 I dwelling
unit per acre, or I dwelling unit per parcel for those parcels existing as of September 15, 1986,
whichever is less, and the maximum net density bonuses shall not be available. Residential density
shall be allowed in addition to the permitted nonresidential uses and intensity(i.e., density and
intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used
with a RM future land use designation for platted lots which have a duplex that was lawfully
established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for 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 I 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) 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) 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;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section
130-160 of the Land Development Code;
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
8) 7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
(aa(.. at..aaaa the ��esi ejitiaa Medium �'uture Iaiid use cateu�ffy, i li all ocatedeiisi �sjt hiji the IS
...
��aaiaia district shall [) V &N,e]1111 ..ujlj 12ef ME el !]]g meet all oNh
Ofaaditioaa
I) [bl bra uaadaaries must have Iweia es aal-Aished iii their currem cojivafaaM the !'
ev eau bea V L V 2�,a xce el's area to
the parcel b���ndaales made afteaeptembea 15,._1986 1aia to fingus9 l2 1992: which did
11ol c.e.a e a l.otbe� 1n l l a 1
2,( 111� aflMhcajit must 121°�,pv$de sufficieaa;( evidefce that the 12�1°cill lro„aauadaaria:s �s,ere..
a st A)I �shed.
bdore olefa e� I L I 2��.(�aad a� ��aae or rruaore� oN aa;...
Packet Pg. 3029
�:�h� Pil�CJ Ell mi, llc� dc��1, ficti f o ari oi]�c� use (0 a p�2�,J��'
coriu'imp aica ( j,,)::
4) lk �Wje 12ar el my he as it'actional m rtiojl o as 1212qed JuA
5 Q.f LJAland that is not r.e..s..e1v..e..(.J as an.
.access easement o.resigRate(=p.ur
............................. ...... ..................
......................... .............I�M .
111a 12al:s°el ml!�t have al'iet,desigj]a�iojl o�I Vier 111,
[bc 12al,cel must include all ill firastructure �aer, adeuwa!e aYastewater
treatment alid dispu sal wastewater meetin.0 2du:u12!ed LQ5, 12ayed aWs e!a:J and
lk �Wje par el mu a:uuMply vYith Policy aQ V 2.5 oi'the Com)rehensive Pja!i re_u2l�dinu
OPTION B (Starr Recommended Qition):
Deletions are sti4elwn tlinmigli; additions are shown in un(jerHne&, changes proposed by staff after
BOCC direction are shown in purpkle:
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. [F.S. §
163.3177(6)(a)l.]
Future Land Use Densities and Intensities
Residential Nonresidential
Maximum Minimum
Future Land Use Category Net Density Maximum Open Space
and Corresponding Zoning Allocated Density(a) (a)(b) Intensity Ratio W
(per upland acre) (per (floor area
buildable ratio)
acre)
Agniculture/Aquaculture Per
(A)(d) 0 du N/A 0.25 underlying
(no directly corresponding 0 rooms/spaces N/A zoning
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
(C I 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
(no directly corresponding 0 rooms/spaces N/A underlying
I Packet Pg. 3030
Q.7
zoning) zoning
Industrial(I) 1 du 2 du
0.25-0.60 0.20
(I and MI zoning) 0 rooms/spaces N/A
Institutional(INS)(a) 0 du N/A Per
(no directly corresponding 24 0.30 underlying
zoning) 15 rooms/spaces rooms/spaces zoning
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
(MF zoning) 10 rooms/spaces 20 0.30-0.50 0.20
rooms/spaces
2 du(MI) 0.10-0.45
1 du 6-18 du(SC) (SC,UC,DR
(DR,MU,MI) (k)
u d
Mixed Use/Commercial 3 du(SC) 12 (UC) MU)
(MC)OW 6 du(UC) 12-18 du
(SC,UC,DR,RV,MU Commercial Apartments (MU)(k) <2,500 SF
and MI zoning) (RV)(h) 18 du(DR) (RV) 0.20
5-15 rooms/spaces 10-25 0.30-0.60
rooms/spaces (MI)
1 du 12 du(CFA,
Mixed Use/Commercial (CFSD-20)c) CFSD)
Fishing(MCF)(f) 3 du(CFA, all other CFSD)
(CFA, CFV, CFSD 1 du/lot(CFV) N/A(CFV)
0.25-0.40 0.20
zoning)
0 rooms/spaces N/A
Preservation(P)(a) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
Public Buildings/Lands 0 du N/A Per
(PB)(a)
(no directly corresponding 0.30 underlying
0 rooms/spaces N/A zoning
zoning)
Public Facilities(PF)(a) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Recreation(R) 0 du N/A
0.20 0.90
(PR zoning) 2 rooms/spaces N/A
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) N/AN/A 0-0.20 0.95
(OS and NA zoning) 0 rooms/spaces
3 du(SR-L)
0.50 du 5 du(SR)
Residential Low(RL) or 0.50(SR,
(SS, SR, and SR-L 1 du/lot(SR) 0.25 SR-L)
zoning) N/A(SS) 0.80(SS)
0 rooms/spaces
N/A
Residential Medium(RM) 1 du/lot(IS,IS-V,IS-M) I I,i re 1986
Packet Pg. 3031
Q.7
(IS r`1,IS-VL),IS-ML) and 2 du/lot(IS-D)O> paarceV"'a Os
IS-DO)zoning) 0 rooms/spaces S::V IIS M)
N/A(15 II,',',D 0 0.20
N/A
12-25 du
6 du(UR) (UR)WN/A(IS-D,
Residential High(RH) Idu/lot(URM,URM-L) URM
(IS-D 0),URM,URM-L 2 du/lot(IS-D)
and UR zoning) URM-L)
0-10 rooms/spaces 0 0.20
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 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.
(f) 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
Packet Pg. 3032
Q.7
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 I 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) 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) 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;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section
130-160 of the Land Development Code;
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
8) The subject parcel must comply with Policy 301.2.5 regarding legal access.
(.aa.(. Withiji the gyesi a,aaaaaa Medium 'aaaure laaiid use categ���y, ! 1„�M22jiriuni iiit dejisi y �s,it 11j1
alav 15 vuuaaiaag district shall be q &N,elliaag aaaaia q2e!'gl'aar el p1]2 meet all oq..�he
giulluu -iaag a.°�pla�Nl�l��a�.`a..l'.
I) q11v ql„a°a° 1 lr�Maadaaries must avc.., ccaa established blishc aaa �aear currem :ojigul'atl �aa 12i�ff to
Sevlel beg q L q 2y cxc t for de nninIlnnis chan_�es no more than 10"/�ofthe arcel's area to
the pia ce1 b undaa 1:cs maa c aftea ��er�teml7ea ll 5 ..ll 98(�,.._l7ut a i:�a to A:� ust ll:2 ll 992 which dig
.... ....
not create another buildable::pa�c�1 such de mmrmrs changes must have 17een�eco�ded in the
... ...
Monroe Count_ [Lr=opv Recoa ds:
2) q11v 212ph aam must 1211 vjde sufficiem sv sNsaaa:e that the 12a 1,c ll lroaaaad established
aa�°icy v,�c�°c c�aa,
gi�q
q
g ;iaag II Q��dauaa l a,°y �,gve , deed:.,
cgiu�°i gcq�acgagc�° ..� ., �➢yy (�aa�°la...�°s� ��aac...���°rrua���,a. ��q"�la�: ll��v;.
e!aJ.1
y) glua q�,�i!�Ccl puaaa1� DO[ q)a° Kla°p;ullp�gc l q6 anu_,...upli]wj u,!. op puunq��ro.�r°,...u�uu aq�q 1 �a° �� lua�
corgp;gouz aic a i:,c iq.
..) 1 1 'r q 121a av N:.luu .,.
ac u1,2 .c�°� �;laa�°�°c gaaa aauul c as 1„�a��auuaa� �uu�°�a��uaa uu s
5) fhe su. ect,parcel must ha�c a minrmum o F 2 000 sFof uplai��1 that._i:s not reserved._as air
access easement oa dear. hated ur ose othea than aesrdentral use'
v r es 6) q�ac gl.u°s�°�°c rralaa�,V have as q�aii ig gaaaa!auuaa....puq Tacl.111..
y) q luv �uaJea paaa°ej must iaaclude all iaalu°saggaa°asa:girg �vaa;lva°, aaaNegI12[ �s aaste�sater
treatmem aaiid dispu ,sal vs,aai,a vs,aavl°rr eetigag 2dsN Med LQ5, wyed aua ds saa:,.(.:;
8) The anaxrma an net� ensrt Y be reached with he transfer oC_�ne 4lll full TDR to the IS
....
ap �ML...._......................
9) The CAR mist mecl a]1 a-e and
10) 01l vUhiea va el 2aua a°up.. 1 Y Via: aOb� a 5 o alas u;prruapl eiisivs �Ilaaua fvgaa diaa.g
saa� w �aaaquu.
lvysaal sa.°a.°s ss.
Packet Pg. 3033
Q.7
Staff analysis of parcels within the IS zoning district indicates that there may be approximately 57
privately-owned vacant parcels (not qualifying as "lots") that would meet the criteria of the
proposed amendment. 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 with the criteria
established. Property owners must provide sufficient evidence that the parcel was created prior to
September 15, 1986.
Regarding OPTION B (requiring a TDR): Staff is recommending to include language that gives
owners of parcels affected by the proposed text amendment the opportunity to develop one dwelling
unit on a non-platted parcel by transferring one TDR to the parcel and retiring the development
rights for one dwelling unit on the TDR sender site utilizing the existing TDR procedure. Utilizing
TDRs would ensure that the proposed text amendment does not increase the overall density within
the County by relocating existing development rights from sender sites and retiring future
development rights on those sender sites. With a limited number of ROGO allocations available for
distribution through 2023, it benefits the County to encourage the use of TDRs.
For further reference, attached to this agenda item is a staff report prepared in 2015 regarding the
Planning Commission Appeal of a building permit denial for a non-platted parcel in the Twin Lakes
neighborhood in Key Largo. The staff report includes additional history and analysis of the
requirements for platting within the Monroe County Code and Florida Statutes.
PREVIOUS RELEVANT BOCC ACTION:
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.
On August 15, 2018, at the regularly scheduled meeting BOCC meeting Staff presented options for
BOCC consideration. Staff s proposal included a requirement that the subject parcels transfer in a
Transferable Development Right(TDR). The BOCC directed staff to process text amendments to the
Comprehensive Plan and LDC that would allow unplatted parcels within the RM FLUM designation
and IS zoning district to apply for a ROGO allocation in order to build a single family residence on
such a parcel without the use of TDRs.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of OPTION B (requiring a
TDR) of the proposed amendment.
DOCUMENTATION:
Packet Pg. 3034
Q.7
2018-196 BOCC SR 05.22.19
Map Analysis -Potentially Eligible Parcels
Tavernier_YearBuilt
Transmittal_Resolution
Ex.A to resolution - draft Ordinance
Related 2015 Staff Report regarding appeal
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:
REVIEWED BY:
Emily Schemper Completed 05/02/2019 4:19 PM
Steve Williams Completed 05/02/2019 4:38 PM
Maureen Proffitt Completed 05/02/2019 5:07 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 2:39 PM
Budget and Finance Completed 05/05/2019 10:38 AM
Maria Slavik Completed 05/06/2019 7:41 AM
Kathy Peters Completed 05/06/2019 10:37 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
Packet Pg. 3035
2
3 °
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 Go
T-
9 To: Monroe County Board of County CommissionersCD
10 as
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
12 Resources 0
13
14 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
15 CL
16 Date: May 6, 2019
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy
19 101.5.25 of the 2030 Monroe County Comprehensive Plan to address density issues on
20 parcels of land within the residential medium (RM) Future Land Use Map category and E
21 the Improved Subdivision (IS) zoning district that are not platted lots. (File 42018-196)
22
23 Meeting: May 22, 2019
24
25
26 I. REQUEST
27
28 The Monroe County Planning & Environmental Resources Department is proposing amendments
CL
29 to the 2030 Comprehensive Plan, as directed by the BOCC on August 15, 2018, to amend Policy E
30 101.5.25 to address density issues on parcels of land,that are not platted lots,within the Residential to
31 Medium (RM) Future Land Use Map category and the Improved Subdivision (IS) zoning district. CD
7
32
33 II. BACKGROUND INFORMATION
34 i
35 On July 26, 2016, the Monroe County Planning Commission (PC) considered an appeal by a coi
36 property owner who had been denied a building permit for a single family residence on an unplatted U
37 parcel of land with a Residential Medium (RM) Future Land Use Map (FLUM) designation and 0
M
38 within an Improved Subdivision (IS)zoning district based on the density standard of one dwelling
CD
39 unit per platted lot for the RM and IS districts in the Comprehensive Plan and LDC. The PC denied
40 the applicant's appeal. T-
41 N
42 On July 18,2018, at their regularly scheduled meeting,the BOCC held a public hearing to consider a
43 a request for a Beneficial Use Determination (BUD) and the recommendations of the special E
44 magistrate for a parcel within an IS zoning district and with an RM FLUM, for which a building
45 permit was denied because the property does not constitute a"lot" for purposes of density. Z
46
47 The special magistrate had issued a recommendation that the BOCC deny the owner's request for
48 relief under the BUD ordinance. The BOCC denied the applicant's request for relief. The BOCC
BOCC SR 05.22.19 Page I of 15
File 2018-196
Packet Pg. 3036
Q.7.a
I also directed staff to propose options for amendments to the Comprehensive Plan and/or LDC that
2 would allow owners of parcels that do not constitute a"lot" within the IS zoning district to apply
3 for a single family residence.
4
5 Monroe County's current adopted Comprehensive Plan and Land Development Code(LDC)have
6 allocated density requirements that require a parcel to be a duly recorded lot on a plat approved by
7 the County in order to develop a single family residential dwelling unit within the RM FLUM and C)
8 IS zoning district. 00
9
10 The majority of parcels within IS zoning districts and with RM FLUM designations are platted lots 2
11 within subdivisions identified on plats approved by the County. However, there are a number of
12 parcels with RM FLUM and IS zoning designations that were created without plat approval or that
13 contain land included on a plat but only identified as a "tract" or for some other purpose; such
14 parcels do not meet the definition of"lot." The legal descriptions for a number of these parcels
15 show that the property is located within a Tract of land included in a duly recorded plat, but these
16 were not divided into "lots" at the time of the plat. Lot means a duly recorded lot as shown on a
17 plat approved by the County. (Also described as platted lot [Ref. LDC Section 101-1]. In some
18 cases, these tracts of land were subsequently divided into multiple parcels that were never shown
19 as lots or parcels on a plat, re-plat, or amended plat approved by the County and recorded by the
20 Clerk of Court's office. Such parcels do not meet the definition of"lot" and therefore have no E
21 density assigned to them. In addition, they may be in violation of LDC 110-96(a) depending on
22 the terms of conveyance.
23
24 Sec. 110-96. - Plat Approval and Recording Required.
25 (a) Except as provided in subsections (b) and(c) of this section,plat approval shall be required E
26 for:
27 (1) The division of a parcel of land into three or more parcels of land;
28 (2) The division of a parcel of land into two parcels of land where the land involved in the
29 division was previously divided without plat approval; or E
E
30 (3) The division of a parcel of land into two parcels of land where the disclosure statement
31 required under subsection (e) of this section is not attached to the conveyance.
32
33 The majority of these parcels were designated IS with the adoption of the land use district map in LO
34 1986 and RM with the adoption of the FLUM in 1993 (effective 1997).
35 cis
36 On July 18,2018, at their regularly scheduled meeting,the BOCC directed staff to propose options
37 for amendments to the Comprehensive Plan and/or LDC that would allow owners of parcels that 0
38 do not constitute a"lot" within the IS zoning district to apply for a single family residence. coo
39
40 On August 15, 2018, at the regularly scheduled meeting BOCC meeting Staff presented options 00
41 for BOCC consideration. Staff s proposal included a requirement that the subject parcels transfer cv
42 in a Transferable Development Right(TDR). The BOCC directed staff to process text amendments
43 to the Comprehensive Plan and LDC that would allow unplatted parcels within the RM FLUM
44 designation and IS zoning district to apply for a ROGO allocation in order to build a single family
45 residence on such a parcel without the use of TDRs.
46
47 Community Meeting and Public Participation
BOCC SR 05.22.19 Page 2 of 15
File 2018-196
Packet Pg. 3037
Q.7.a
I In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
2 Plan and Land Development Code text amendments was held on November 27, 2018 in Marathon
3 and provided for public input. Issues identified by the public at the meeting included:
4 • "current configuration" of parcels and how strict the date/location of parcel lines would be
5 • Paved roads —what constitutes a paved road
6 • ROGO process for owners who previously submitted applications under the current code
7
00
8 Development Review Committee and Public Input
9 At a regular meeting held on January 15, 2019, the Development Review Committee (DRC)
10 considered the proposed Comprehensive Plan text amendment and corresponding Land
11 Development text amendment, and provided for public comment.
12
13 Planning Commission and Public Input
14 On February 27,2019, at a regular public meeting, the Planning Commission held a public hearing 2
15 regarding the proposed amendment and provided for public comment. The Planning Commission (n
16 considered the application, the staff report, and the comments from the public in their 2
17 discussion, and recommended approval with changes, as discussed at the public hearing, of
18 the proposed CP text amendment (Resolution P15-19). The PC recommended the selection of
19 Option A (which would not require use of a TDR) as presented in the staff report dated February E
20 12, 2019, with the following changes:
21 1. Edit (n) 1) as follows:
22 The parcel boundaries must have been established in their current configuration prior to
23 September 15,1986, exceptfor de minimis changes(no more than 10%of the parcel's ht4affd E
24 area) to the parcel boundaries made after September 15, 1986, but prior to August 0
25 12, 1992, which did not create another buildable parcel.
26 ; and a
27 0.
28 The subject of this staff report is the amendment to the Comprehensive Plan. 0
29
30 111. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
31 ri
32 Staff has reviewed the language presented to the BOCC at the August 15, 2018 meeting and the LOi
33 direction they gave to proceed with the amendments without the requirement for a TDR. Presented
34 here are two options:
35
0
36 OPTION A: proposed amendment without requirement of a TDR, as directed by the BOCC co i
37 with additional, more detailed, recommendations from staff and planning commission, as needed C)
38 based on further research. 00
39
40 OPTION B: Sian s ° miu:mui:m ii,mdaliuoiui —proposed amendment with the requirement of a TDR,
41 (because of the County's issue with takings liability for vacant lots that may not be able to
42 receive a ROGO allocation in the future)and the same additional, more detailed,
43 recommendations from staff as needed based on further research.
44
45 OPTION A (directed by BOCC):
BOCC SR 05.22.19 Page 3 of 15
File 2018-196
Packet Pg. 3038
Q.7.a
I Deletions are sli•ue<en tlii•migli.; additions are shown in un(
ed�ne(j, changes proposed by staff after
2 BOCC direction are shown in p-Ip
.............
3
4 Policy 101.5.25
5 Monroe County hereby adopts the following density and intensity standards for the future land
6 use categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20.
7 [F.S. § 163.3177(6)(a)l.]
00
Future Land Use Densities and Intensities
Residential Nonresidential
Minimum
Future Land Use Category Maximum Net Maximum Open Space `-~
and Corresponding Zoning Allocated Density(a) Density(a)(b) Intensity Ratio W
(per upland acre) (per buildable (floor area
acre) ratio)
griculture/Aquaculture Per
CL
(A)(a) 0 du N/A 0.25 underlying
(no directly corresponding 0 rooms/spaces N/A
zoning)
zoning
Airport(AD) 0 du N/A
(AD zoning) 0 rooms/spaces N/A 0.10 0.20
E
Commercial(COMM) 0 du N/A 0.15-0.50 0.20 U)
(C1 and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du N/A 0.05 0.90
(CD zoning) 0 rooms/spaces N/A
as
Education(E)(a) 0 du N/A Per underlying
(no directly corresponding 0 rooms/spaces N/A 0.30 zoning r-
zoning) E
Industrial(I) 1 du 2 du
(I and MI zoning) 0 rooms/spaces N/A 0.25-0.60 0.20
Institutional(INS)(a) IL
0 du N/A Per underlying 91
(no directly corresponding 15 rooms/spaces 24 rooms/spaces 0.30 zoning 0
zoning) U
Mainland Native(MN) 0.01 du N/A M
(MN zoning) 2 spaces(e) N/A 0.03 0.95-0.99
Military (M) 6 du 12 du ri
0.30-0.50 0.20 Ls
(MF zoning) 10 rooms/spaces 20 rooms/spaces
2 du(MI) 0.10-0.45
I du MI) 6-18 du(SC)W (SC,UC,DR,
(DR
Mixed Use/Commercial 3 du(SC) 12 du(UC) MU)
12-18 du 0
M (f)(g) 6 du o0
(SC,UC,DR,RV,MU and Commercial Apartments 18 du(DR) <2( )
RV SF
I zoning) (RV)m) 0.20
00
5 15 rooms/spaces 10 25 0.30 0.60
rooms/spaces (MI) ..
1 du 12 du(CFA, 4)
Mixed Use/Commercial
(CFSD-20)c) CFSD) E
fishing(MCF)�� 3 du(CFA, all other CFSD) 0
(CFA, CFV, CFSD zoning) 1 du/lot(CFV) N/A(CFV) 0.25-0.40 0.20
0 rooms/spaces N/A
Preservation(P)(a) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
BOCC SR 05.22.19 Page 4 of 15
File 2018-196
Packet Pg. 3039
Q.7.a
Public Buildings/Lands
(PB)(a) 0 du N/A Per underlying
(no directly corresponding 0.30 zoning
zoning)
0 rooms/spaces N/A
Public Facilities(PF)(a) 0 du N/A Per underlying
(no directly corresponding 0 rooms/spaces N/A 0.30 zoning
zoning)
Recreation(R) 0 du N/A M
(PR zoning) 2 rooms/spaces N/A 0.20 0.90 00
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) N/A 0-0.20 0.95 14
(OS and NA zoning) 0 rooms/spaces iL
3 du(SR-L)
0.50 du 5 du(SR)
Residential Low(RL) or 0.50(SR, SR-
1 du/lot(SR) 0.25 L)
(SS SR and SR-L zoning) N/A(SS) 0.80(SS) CL
0 rooms/spaces
N/A
esidential Medium(RM) 1 d /lot(IDS IS-V�IS-M) ibt N/A
(IS r'1,IS-V,IS-ML) and IS-D .� G ° �. )
2 du/lot(IS-D) E
zoning) 0 rooms/spaces N/A 0 0.20
12-25 du(UR)
(k)
6 du(UR) N/A(IS-D r-
esidential High(RH) Idu/lot(URM,URM-L)
(IS-D 0),URM,URM-L and 2 du/lot(IS-D) URM,
R zoning) URM-L)
0-10 rooms/spaces 0-20 0 0.20
rooms/spaces
Notes: CL
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 E
and the maximum net density bonuses shall not be available. �3
(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 N
allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling ri
nits may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum
et 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
0
cases, the most restrictive requirement shall apply. i
(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
00
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.
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/ E
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
C future land use category. Working waterfront and water dependent uses, such as marina, fish
BOCC SR 05.22.19 Page 5 of 15
File 2018-196
Packet Pg. 3040
Q.7.a
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 a
addition to the permitted nonresidential uses and intensity(i.e., density and intensity shall not be counted
cumulatively). 00
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a
RM future land use designation for platted lots which have a duplex that was lawfully established prior to
September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18
du/buildable acre for the W and SC zoning district for development where all units are deed restricted
affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an
affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels,including live-aboard vessels, or associated wet slips are not considered dwelling units and
do not count when calculating density.
(m) Within the Residential Low future land use category, the maximum net density for platted lots of
less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided
all of the following conditions are met:
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded
prior to January 2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park,"
"common area," etc.); E
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer E
of one (1) full TDR to the SR lot,regardless of the size of the lot and the allocated density
assigned to it;
5) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer E
of one (1) full TDR to the SR lot,regardless of the size of the lot and the allocated density tej
assigned to it;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section N
cv
130-160 of the Land Development Code; LO
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
8) 7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
�Yjthjji the
dejitjal
ium
re
jjl the IS
W district shall 1�ra°egaaN�ae]11112 uaaaqu� a2a° gfaaf'ael qjuau��q� �tba u�u ee all ON he q� lh �uul���a�uul�Nu�uuuu� �uuu�uu��;. CO
CO
iji their cuarreli� cojluifu ra!!!;;,!] q��°�uu�°tu:u �
q� q,�llac q2a��q°ill I�uuufi�Na�°�es„rru�u��,V have I��:eii e�,VaI�lli�,ll�e�N. ... .. .. ... ..
2 y cxce el's area"b to
the aacell� undaa :es mane aftea...5eptembea ll5 ll98(�. 1�ut pion to August ll:2 ll992 which dial 00
not
create another 1ni111 ::._.rCei
q.iva �q q u °ail nu u s 121, vi�Nc �u�q"qu °uc��� c�u�N�u� °c �iu�� �iuc q��u°°ci 1 guu�u��N�uuc� �-cu;� c���1��u�iuc�N,
urd0ru oly,rruab �L q2➢� (quad 2 uuaav:.uurrru ore uuNhe quulllluuy,-iaa bjjj]d2�y �Ujj° ,y, &d,v!�j..;.
is q qua° Mla ccl puuaa_� Dol 1)c puua°pullp pad �,(o apui: oijucj use(2. 002: (2pa aaugaa�...�a .:Mid< �
coriu ,gopu aa:a°u a taj
y) q,'k �uaUv wr°d my by as qr ac iuuaaaall mu iuuaiu.uuq"aa 02[!d lluau.�;
5 The sect paa ce1 manse have a minimum f 2z00�).sC of Plana ghat is not reserved as an
:.. ........ ..........
access easement or:desi;�na��nna pose lhea fl an a esi:�len�ral:..:use,
a) [k g2aa�s°c] mu have as Tier deli aaaauipuaa pub" jer 111,.
BOCC SR 05.22.19 Page 6 of 15
File 2018-196
Packet Pg. 3041
1) [b� 12�1'cel must include all ill firastructure �Y�Stewater
treatment and disp � stewater nieeti � 2!d LQ5, wyd and
y) 111�° mr d M!L!�Mdy �Yid I Policy aQ ,2.5 oi'the ConiVrehensive Nall r�g2j° ing
lud
2
3
4 OPTION B (Starr Recommended Qition):
00
5
N
6 Deletions are sli•iel<en tlii•migli; additions are shown in un(jerHne&, changes proposed by staff after
7 BOCC direction are shown in VUMle:
8 U)
9
10
11
12 Policy 101.5.25
13 Monroe County hereby adopts the following density and intensity standards for the future land
14 use categories, which are shown on the FLUM and described in Policies 101.5.1-101.5.20.
15 [F.S. § 163.3177(6)(a)l.]
16 E
Future Land Use Densities and Intensities
Residential Nonresidential
Minimum 0
Future Land Use Category Maximum Net Maximum E
Open Space
and Corresponding Zoning Allocated Density(a) Density(a)(b) Intensity Ratio W
(per upland acre) (per buildable (floor area E
acre) ratio)
Agniculture/Aquaculture
Per IL
(A)(d) 0 du N/A 0.25 underlying CL
(no directly corresponding 0 rooms/spaces N/A E
zoning 0
zoning) U
Airport(AD) 0 du N/A 0.10 0.20 M
(AD zoning) 0 rooms/spaces N/A T7
C14
Commercial(COMM) 0 du N/A ri
LO
(C I and C2 zoning) 0 rooms/spaces N/A 0.15-0.50 0.20
Conservation(C) 0 du N/A
(CD zoning) 0 rooms/spaces N/A 0.05 0.90
Education(E)(d)
0 du N/A Per underlying 0
(no directly corresponding 0 rooms/spaces N/A 0.30 zoning
zoning)
Industrial(1) 1 du 2 du
2060 0 25-0. .
(I and MI zoning) 0 rooms/spaces N/A 0. 00
Institutional(INS)(d)
0 du N/A Per underlying C14
(no directly corresponding .030
15 rooms/spaces 24 rooms/spaces zoning
zoning)
E
Mainland Native 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 I du 2 du(MI) 0.10-0.45
(MC)0(g) (DR,MU,MI) 16-18 du(SC)(k) (SC,UC,DR,
BOCC SR 05.22.19 Page 7 of 15
File 2018-196
Packet Pg. 3042
Q.7.a
(SC,UC,DR,RV,MU and 3 du(SC) 12 du(UC) MU)
I zoning) 6 du(UC) 12-18 du 0.20
Commercial Apartments (MU)(k) <2,500 SF
(RV)(h) 18 du(DR) (RV)
5-15 rooms/spaces 10-25 0.30-0.60
rooms/spaces (MI)
1 du 12 du(CFA,
(CFSD-20)0) CFSD) 00
Mixed Use/Commercial 3 du(CFA, all other CFSD)
Fishing (MCF) 1 du/lot(CFV) N/A(CFV) C14
(CFA, CFV, CFSD zoning) 0.25-0.40 0.20
0 rooms/spaces N/A
Preservation(P)(a) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
Public Buildings/Lands
(PB)(a) 0 du N/A Per underlying CL
(no directly corresponding 0.30 zoning
zoning)
0 rooms/spaces N/A
ng)
Public Facilities(PF)(a) 0 du N/A Per underlying
(no directly corresponding 30
0 rooms/spaces N/A 0. zoning
zoning) E
Recreation(R) 0 du N/A
(PR zoning) 2 rooms/spaces N/A 0.20 0.90
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) NSA 0-0.20 0.95
(OS and NA zoning) 0 rooms/spaces
3 du(SR-L)
0.50 du 5 du(SR) E
50(SR SR-
(SS, Low(RL) or 0. �
(SS, SR, and SR-L zoning) 1 du/lot(SR) 0.25 L)
IL
N/A(SS) 0.80(SS) CL
0 rooms/spaces E
N/A �3
ire 1986
Residential Medium(RM) 1 du/lot(IS,IS-V,IS-M) patrce 'a(1 II
(ISM"0,IS-V("),IS-M(") and IS- 2 du/lot(IS-D)O> Y, I loll) c`!
LO
6>zoning) 0 rooms/spaces N/AN/A
0 0.20
12 25 du(UR)
W
6 du(UR)
Residential High(RH) Idu/lot(URM,URM-L) N/U(RM D ooi
(IS-D 0),URM,URM-L and 2 du/lot(IS-D) URM-L)
R zoning)
00
0-10 rooms/spaces 0 20 0 0.20
rooms/spaces
Notes:
as
(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
nits may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum
BOCC SR 05.22.19 Page 8 of 15
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Q.7.a
et density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is
developable and is not required open s ace.
(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
00
shall only be permitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/ N
Commercial and Mixed Use/Commercial Fishing future land use categories,the maximum floor area 2
U_
ratio shall be 0.10 and the maximum net density bonuses shall not be available. U)
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the
C future land use category. Working waterfront and water dependent uses, such as marina, fish
as
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 E
addition to the permitted nonresidential uses and intensity(i.e., density and intensity shall not be counted r_
cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a
RM future land use designation for platted lots which have a duplex that was lawfully established prior to E
September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18
E
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 E
do not count when calculating density. U
(m) Within the Residential Low future land use category, the maximum net density for platted lots of M
less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided 17
N
all of the following conditions are met: ri
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded LOi
prior to January 2, 1996;
cas
2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park,"
"common area," etc.); 0
3) The platted lot must have a Tier designation of Tier III; CO
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 00
assigned to it; N
5) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer r_
of one (1) full TDR to the SR lot,regardless of the size of the lot and the allocated density E
assigned to it;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section
130-160 of the Land Development Code;
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
8) The subject parcel must comply with Policy 301.2.5 regarding legal access.
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(j]) Within the aaesjdentjal Mediuni a'uture land use categayy, !]]e MaHiniuni net den�,JtY vNjthjn the IS
zonj w district shall he I &N ell' r el �, r j2a�s�ej� !I at nieet all oNhe kdhm,ij g ndjtjons'�
M 21 9111!Ve�Va C Q I 1�
I) 11e paj°a el l2aMndarjes niust have been established in their current co)IJ8
12Da r to
el's areab to the
which(li(l not
Qne..,Ibe u.-I.Q.1herl Lj ij(lab I e: e(l in the Monroe.
...........................................
Count
.............
2) ]11e 212plicant niu st pjj�vjde sufficient evidence that the paivel houndaries �N,ere established hek re
(�Ua°h as one or niore oNhe kdhm,ij g l2a 11jid2ry a,jjney, dg d, e[ j 00
3) ]11e paj°a el m2y not he identined l'M ari,ii� oijh n it!�e (0 pgq!�2.!�e (2n a g2ild< c(Tiff"IM C14
4) ]11e �,ujea !p2n° ell may jiaa[l2e as a'ractional paa�°jjon aWa platted
U)
5) .rhesLj. ectsparvul�must�h ��-noF2�O00 s�fofuphan(lj that is not reserve(l asart.access.
................. .......... ................ .2
.e.a.se.M.e.n.1 of4 esi Ana inrpcse ether than residential use,
6) ]11as
� paj��el mu�!have aTiet,desigiiajon aWT et lll�,
7) 1! � �W2je�!ffiE�el niust include all int'rastrU ture (qua adeqj! t� �,aste�,ater treatniet CL
ajid djspa�,aal aastevN,ater nieetillg aLVted LQ5, VaYed DLIL e!�jl
8) 11 The maXi.m. m net(:I:e n s it be reache(l with the transfer o. fall TDR to the IS
........ ....... .... ...........
Q) The CDR mLjstmeet::all re an
............................................................::::: q
......meet:all .
10) ]jie �,ujea parcel niust coniply vyith a)ojjcy aQ I,2.5 oNhe Coni weliensive a)Jan r g2�°djn_u legal
E
aa° ea;a;. U)
2
3 IV. ANALYSIS OF PROPOSED AMENDMENT
E
4
5 Monroe County's current adopted Comprehensive Plan and Land Development Code (LDC)have E
6 allocated density requirements that require a parcel to be a duly recorded lot on a plat approved by
7 the County in order to develop a single family residential dwelling unit within an RM FLUM and
8 IS zoning district.
9 E
0
10 Per Policy 10 1.5.3 of the Comprehensive Plan, "the principal purpose of the Residential Medium
11 (RM) future land use category is to recognize those portions of subdivisions that were lawfully
12 established and improved prior to the adoption of this plan and to define improved subdivisions as
13 those lots served by a dedicated and accepted existing roadway, have an approved potable water LO
14 supply, and have sufficient uplands to accommodate the residential uses. Development on vacant
15 land within this land use category shall be limited to one residential dwelling unit for each such I
16 platted lot or parcel which existed on or before January 4, 1996."
0
17 co
18 The following definitions are provided in the Glossary of the Comprehensive Plan:
19 • Buildable Acre means the upland portion of a parcel that is not required open space.
00
20 Also referred to as Buildable Area.
21 • Plat means an official subdivision approved by the Board of County Commissioners.
22 E
23 The maj ority of parcels within IS zoning districts and with RL FLUM designations are platted lots
24 within subdivisions identified on plats approved by the County. However, there are a number of
25 parcels with RL FLUM and IS zoning designations that were created without plat approval or that
26 contain land included on a plat but only identified as a "tract" or for some other purpose; such
27 parcels do not meet the definition of"lot." The legal descriptions for some of these parcels do not
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Q.7.a
I reference a plat; for others the legal description shows that the property is located within a Tract
2 of land included in a duly recorded plat, but these were not divided into "lots" at the time of the
3 plat, or were designated for some other purpose on the plat. In some cases,these tracts of land were
4 subsequently divided into multiple parcels that were never shown as lots or parcels on a plat, re-
5 plat, or amended plat approved by the County and recorded by the Clerk of Court's office. Such
6 parcels do not meet the definition of"lot" and therefore have no density assigned to them.
7
8 Additionally, the current Comprehensive Plan and LDC do not assign a maximum net density to 00
9 RM FLUM and IS zoning districts and, as such,the use of TDRs is not an option. Owners of vacant
10 parcels that do not meet the definition of"lot" and are within the RM FLUM and IS zoning district 2
11 therefore do not have any residential density.
12
13 The majority of these parcels were designated IS with the adoption of the land use district map in
14 1986 and RM with the adoption of the FLUM in 1993 (effective 1997). Although the Land
15 Development Regulations establishing the IS zoning district became effective on September 15,
16 1986, the current zoning maps became effective on August 12, 1992. The proposed criterion for
17 parcel boundary establishment has been set based on these dates.
18
19 Staff analysis of parcels within the IS zoning district indicates that there may be approximately
20 57 privately-owned vacant parcels (not qualifying as "lots") that would meet the criteria of E
21 the proposed amendment. The number of parcels within this scenario may vary as property
22 owners have (and continue to) split and combine properties without County Planning &
23 Environmental Resources Department knowledge (nor plat approval). If this amendment is a
24 adopted, each parcel shall be individually evaluated at the time of an application for development
25 with the criteria established. Property owners must provide sufficient evidence that the parcel was
26 created prior to September 15, 1986.
27
28 Regarding OPTION B(requiring a TDR): Staff is recommending to include language that gives
29 owners of parcels affected by the proposed text amendment the opportunity to develop one E
30 dwelling unit on a non-platted parcel by transferring one TDR to the parcel and retiring the
31 development rights for one dwelling unit on the TDR sender site utilizing the existing TDR
32 procedure. Utilizing TDRs would ensure that the proposed text amendment does not increase the
33 overall density within the County by relocating existing development rights from sender sites andLO
34 retiring future development rights on those sender sites. With a limited number of ROGO
35 allocations available for distribution through 2023, it benefits the County to encourage the use of (n
36 TDRs.
37 U
38 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE co i
39 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 17
00
40
41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
42 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
43 E
44 GOAL 101
45 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
46 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
47
48 Objective 101.1
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I Monroe County shall ensure that all development and redevelopment taking place within its
2 boundaries does not result in a reduction of the level-of-service requirements established and
3 adopted by this comprehensive plan. Further,Monroe County shall ensure that comprehensive plan
4 amendments include an analysis of the availability of facilities and services or demonstrate that
5 the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
6 _
7 Objective 101.3
8 Monroe County shall regulate new residential development based upon the finite carrying capacity 00
9 of the natural and man-made systems and the growth capacity while maintaining a maximum
10 hurricane evacuation clearance time of 24 hours.
11 `�
12 Policy 101.3.1
13 Monroe County shall maintain a Permit Allocation System for new residential development known
14 as the Residential Rate of Growth Ordinance(ROGO) System. The Permit Allocation System shall
15 limit the number of permits issued for new residential dwelling units The ROGO allocation system
16 shall apply within the unincorporated area of the county, excluding areas within the county
17 mainland and within the Ocean Reef planned development(Future development in the Ocean Reef
18 planned development is based upon the December 2010 Ocean Reef Club Vested Development
19 Rights Letter recognized and issued by the Department of Community Affairs). New residential
20 dwelling units included in the ROGO allocation system include the following: affordable housing E
21 units; market rate dwelling units; mobile homes; and institutional residential units (except hospital
22 rooms).
23
24 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
25 location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under E
26 no circumstances shall a vessel,including live-aboard vessels,or associated wet slips be transferred
27 upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not
28 considered ROGO allocation awards, and may not be used as the basis for any type of ROGO
29 exemption or THE(Transfer of ROGO Exemption). E
30 U
31 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and M
32 seasonal residential units are subject to Policy 101.3.5. 17
33 LO
34 Policy 101.5.3 i
35 The principal purpose of the Residential Medium (RM) future land use category is to recognize (n
36 those portions of subdivisions that were lawfully established and improved prior to the adoption
37 of this plan and to define improved subdivisions as those lots served by a dedicated and accepted 0
38 existing roadway, have an approved potable water supply, and have sufficient uplands to �i
39 accommodate the residential uses. Development on vacant land within this land use category shall
40 be limited to one residential dwelling unit for each such platted lot or parcel which existed on or 00
41 before January 4, 1996. cv
42
43 Policy 101.18.3 E
44 Within the IS, IS-D, URM, URM-L and CFV land use districts (zoning), parcels platted as of
45 September 15, 1986 shall not be further subdivided in a way that creates more net lots than the
46 original plat.
47
48 Policy 301.2.5
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I In order to proceed with development, a parcel shall have legal access to public or private roads,
2 rights of way or easements or such access shall be established.
3
4 B. The amendment is consistent with the Principles for Guiding Development for the Florida
5 Keys Area, Section 380.0552(7), Florida Statutes.
6 _
7 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan C)
8 with the principles for guiding development and any amendments to the principles,the principles 00
9 shall be construed as a whole and no specific provision shall be construed or applied in isolation
10 from the other provisions.
11
12 (a) Strengthening local government capabilities for managing land use and development so that local
c
13 government is able to achieve these objectives without continuing the area of critical state concern
14 designation.
15 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
CL
16 beds,wetlands, fish and wildlife, and their habitat. �s
17 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
18 vegetation(for example,hardwood hammocks and pinelands), dune ridges and beaches,wildlife,and
19 their habitat.
20 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
21 development. U)
22 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
23 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and
24 ensuring that development is compatible with the unique historic character of the Florida Keys.
25 (g) Protecting the historical heritage of the Florida Keys. E
26 (h) Protecting the value,efficiency, cost-effectiveness,and amortized life of existing and proposed major
27 public investments,including: �E
28
29 1. The Florida Keys Aqueduct and water supply facilities;
a
30 2. Sewage collection, treatment, and disposal facilities;
31 3. Solid waste treatment, collection, and disposal facilities; E
32 4. Key West Naval Air Station and other military facilities; �?
33 5. Transportation facilities;
34 6. Federal parks,wildlife refuges, and marine sanctuaries; c
35 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; ri
36 8. City electric service and the Florida Keys Electric Co-op; and
37 9. Other utilities, as appropriate.
38
39 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
40 and replacement of stormwater management facilities; central sewage collection; treatment and
41 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
42 treatment and disposal systems.
00
43 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
44 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), N
45 as applicable, and by directing growth to areas served by central wastewater treatment facilities
46 through permit allocation systems. E
47 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 0
48 Keys.
49 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
50 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of anatural
51 or manmade disaster and for a postdisaster reconstruction plan.
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I (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
2 the Florida Keys as a unique Florida resource.
3 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
4 with the Principles for Guiding Development as a whole and is not inconsistent with any
5 Principle.
6 _
7 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
8 (F.S.). Specifically, the amendment furthers: 00
9
10 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve a
11 and enhance present advantages; encourage the most appropriate use of land, water, and
12 resources, consistent with the public interest; overcome present handicaps; and deal
13 effectively with future problems that may result from the use and development of land within
14 their jurisdictions. Through the process of comprehensive planning, it is intended that units
15 of local government can preserve, promote, protect, and improve the public health, safety,
16 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
17 general welfare; facilitate the adequate and efficient provision of transportation, water,
18 sewerage, schools, parks, recreational facilities, housing, and other requirements and
19 services; and conserve, develop, utilize, and protect natural resources within their
20 jurisdictions. E
21
22 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
23 legal status set out in this act and that no public or private development shall be permitted
24 except in conformity with comprehensive plans, or elements or portions thereof, prepared E
25 and adopted in conformity with this act.
26 E
27 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, r_
28 and strategies for the orderly and balanced future economic, social,physical, environmental, a.
29 and fiscal development of the area that reflects community commitments to implement the 0.
E
30 plan and its elements. These principles and strategies shall guide future decisions in a 0
31 consistent manner and shall contain programs and activities to ensure comprehensive plans M
32 are implemented. The sections of the comprehensive plan containing the principles and
33 strategies, generally provided as goals, objectives, and policies, shall describe how the local ri
34 government's programs, activities, and land development regulations will be initiated,
35 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
36 the intent of this part to require the inclusion of implementing regulations in the
37 comprehensive plan but rather to require identification of those programs, activities, and land 0
38 development regulations that will be part of the strategy for implementing the comprehensive CO
39 plan and the principles that describe how the programs, activities, and land development M
40 regulations will be carried out. The plan shall establish meaningful and predictable standards CO
41 for the use and development of land and provide meaningful guidelines for the content of
42 more detailed land development and use regulations.
43
44 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
45 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
46 shall be implemented, in part, by the adoption and enforcement of appropriate local
47 regulations on the development of lands and waters within an area. It is the intent of this act
48 that the adoption and enforcement by a governing body of regulations for the development
sOCC SR 05.22.19 Page 14 of 15
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I of land or the adoption and enforcement by a governing body of a land development code for
2 an area shall be based on, be related to, and be a means of implementation for an adopted
3 comprehensive plan as required by this act.
4
5 VI. PROCESS
6
7 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
8 Planning Commission, the Director of Planning, or the owner or other person having a contractual 00
9 interest in property to be affected by a proposed amendment. The Director of Planning shall review
10 and process applications as they are received and pass them onto the Development Review
11 Committee and the Planning Commission. i
U)
12
13 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
14 review the application, the reports and recommendations of the Department of Planning &
15 Environmental Resources and the Development Review Committee and the testimony given at the
16 public hearing. The Planning Commission shall submit its recommendations and findings to the
17 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the W
18 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
19 recommendation, and the testimony given at the public hearing. The BOCC may or may not
20 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State U)
21 Land Planning Agency, which then reviews the proposal and issues an Objections,
22 Recommendations and Comments (ORC)Report. Upon receipt of the ORC report, the County has
23 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
24 amendment.
25
26 VII. STAFF RECOMMENDATION
27
28 Staff recommends approval of OPTION B,requiring a TDR,as presented in this staff report. a.
29 E
30 Alternatively, if OPTION A is chosen, staff recommends the additional detail added to the
31 proposed criteria, as presented in this staff report, subsequent to the BOCC direction, be included
32 in the amendment. c
ri
LO
i
�s
i
�s
i
00
N
BOCC SR 05.22.19 Page 15 of 15
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' r All
1943 -'
w 1948 .. �; ; y
1953r ,:�► s� �'� x
9 3 14
N
2011 1940,
1954 Replaced in 2011 '� � 1985` ,
O +
�oP 1991 BEACH Ro
I1 54
19�43
1914
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,
r
Y � ;. LINCOLNA�E 1953 Q
O
1953
gyp.
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w w
Q.7.d
1
2 :
3
4 „4,
7
00
8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS 1
10 RESOLUTION NO. -2019
11 �
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS TRANSMITTING TO TIME STATE
15 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE _
16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
17 POLICY 101.5.25 OF THE 2030 MONROE COUNTY
18 COMPREHENSIVE PLAN TO ADDRESS DENSITY ISSUES ON
19 PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM
20 (RM) FUTURE LAND USE MAP CATEGORY AND THE
21 IMPROVED SUBDIVISION (IS) ZONING DISTRICT THAT ARE
22 NOT PLATTED LOTS; PROVIDING FOR SEVE ILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE; E
26 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
27 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE L
28 DATE. 0.
29
30
31
32 WHEREAS, the Monroe County Board of County Commissioners conducted a public
33 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
34 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
36 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
37 Year 2030 Comprehensive Plan as described above; and
38
39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
40 of County Commissioners support the requested text amendment;
41
42 NOW THEREFORE, BE IT RESOLVED BY TIME BOARD OF COUNTY
43 C'OMMISSIONERS OF MONROE COUNTY,FLORIDA:
44
Resolution No. - 2019 Page 1 of 2
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Q.7.d
45 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
46 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
47 for adoption of the proposed text amendment.
48
49 Section 2. The Board of County Commissioners does hereby transmit the proposed
50 amendment to the State Land Planning Agency for review and comment in
51 accordance with the State Coordinated Review process pursuant to Section 17
00
52 163.3184(4), Florida Statutes.
53 C14
54 Section 3. The Monroe County staff is given authority to prepare and submit the required
55 transmittal letter and supporting documents for the proposed amendment in
56 accordance with the requirements of Section 163.3184(4), Florida Statutes.
57
58 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
59 resolution to the Director of Planning. _
60
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
62 Florida, at a regular meeting held on the 22"a day of May, 2019.
63
64
65 Mayor Sylvia Murphy, District 5
66 Mayor Pro Tem Danny L. Kolhage, District 1
67 Commissioner Michelle Coldiron, District 2 E
68 Commissioner Heather Carruthers, District 3
69 Commissioner David Rice, District 4
70
71 L
72 0.
73 BOARD OF COUNTY COMMISSIONERS
74 OF MONROE COUNTY, FLORIDA
75
76 BY
77 Mayor Sylvia Murphy
78 (SEAL)
i
79
8o ATTEST: KEVIN MADOK, CLERK
81
82 of
COUNTY TTORNEY
83 DEPUTY CLERK G AtY��Ol :
$TC"lr'►: T. `?alOXI'tMiS
AWSTAN % ATTOFUfEY
Ow
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Exhibit A
�f11y 4
2
NF : .✓
4 "
5 MONROE COUNTY, FLORIDA
00
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE NO. -2019 04
us
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
10 COUNTY COMMISSIONERS AMENDING POLICY 101.5.25 OF
11 THE 2030 MONROE COUNTY COMPREHENSIVE PLAN TO
12 ADDRESS DENSITY ISSUES ON PARCELS OF LAND WITHIN
13 THE RESIDENTIAL MEDIUM (RM) FUTURE LAND USE MAP co
14 CATEGORY AND THE IMPROVED SUBDIVISION (IS) ZONING
15 DISTRICT THAT ARE NOT PLATTED LOTS; PROVIDING FOR
e
16 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
18 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
19 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
20 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
21 DATE. E
22
as
23 E
24
25 WHEREAS, on November 27, 2018 a community meeting was held, as required by LDC
26 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to E
27 provide for public participation; and U
to
28
29 WHEREAS, the Monroe County Development Review Committee(DRC) considered the
30 proposed amendments at a regularly scheduled meeting held on the 1 lth day of December, 2018;
31 and
0
32
33 WHEREAS, on December 11, 2018, the Monroe County Development Review
34 Committee (DRC)reviewed the proposed amendment; and
35
36 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
37 Comprehensive Plan, as directed by the BOCC on August 15, 2018, to amend Policy 101.5.25 to
38 address density issues on parcels of land within the residential medium (RM) Future Land Use
39 Map category and the Improved Subdivision (IS) zoning district that are not platted lots; and
40 w
41 WHEREAS,the Monroe County Planning Commission held a public hearing on February
42 27, 2019, for review and recommendation on the proposed Comprehensive Plan text amendment; E
43 and
44
Ordinance -2019
File 2018-196 Page 1 of 10
Packet Pg. 3054
Q.7.e
Exhibit A
1 WHEREAS, based on discussion and public input at the hearing, the PC recommended
2 the selection of Option A (which would not require use of a TDR) as presented in the staff report
3 dated February 12, 2019, with the following changes:
4 1. Edit (n) 1) as follows:
w
5 The parcel boundaries must have been established in their current configuration prior
Go
6 to September 15,1986, except for de minimis changes (no more than 10% of the CD
7 parcel's htokiiid area) to the parcel boundaries made after September 15, 1986, but 2
8 prior to August 12, 1992, which did not create another buildable parcel-g
U)
9
10 and
11 CL
12 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P15-19
13 recommending to the BOCC approval with changes, as discussed during the Planning Commission
14 hearing, of the proposed amendment; and
15
E
16 WHEREAS, at the 201_, public hearing, the BOCC adopted
17 Resolution -201 transmittal of the proposed text amendment to the
18 State Land Planning Agency; and
19 E
20 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an a
21 Objections, Recommendations and Comments (ORC) report, received by the County on
22 ; and
23 C.
24 WHEREAS, the ORC report ; and 0
to
25
as
26 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
27 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
E
28
29 WHEREAS, at a regular meeting held on the day of the
30 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
e
31 amendment, considered the staff report and provided for public comment and public participation 0
32 in accordance with the requirements of state law and the procedures adopted for public
0
33 participation in the planning process;
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA: w
37 a
38 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows
0
39 (deletions are shown sti4 ke thfe,, mot,; additions are shown underlined):
40
41
Ordinance -2019
File 2018-196 Page 2 of 10
Packet Pg. 3055
Q.7.e
Exhibit A
1 OPTION A (directed by BOCC):
2 Deletions are sti•uc<en llinmig i.; additions are shown in u ( e!j� e(j changes proposed by staff
3 after BOCC direction are shown in per:
4
5 Policy 101.5.25
6 Monroe County hereby adopts the following density and intensity standards for the future T-
7 land use categories, which are shown on the FLUM and described in Policies 101.5.1 a
8 101.5.20. [F.S. § 163.3177(6)(a)l.] U-
uture Land Use Densities and Intensities
Residential Nonresidential
Minimum °�
Future Land Use Category Maximum Net Maximum Open Space
CL
and Corresponding Zoning Allocated Density(a) Density(a)(b) Intensity Ratio W
(per upland acre) (per buildable (floor area
acre) ratio)
e
griculture/Aquaculture
(A)(a) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.25 underlying U)
zoning
zoning)
Airport(AD) 0 du N/A
(AD zoning) 0 rooms/spaces N/A 0.10 0.20
Commercial(COMM) 0 du N/A 0.15-0.50 0.20
(C1 and C2 zoning) 0 rooms/spaces N/A
Conservation(C) 0 du N/A 0.05 0.90 E
(CD zoning) 0 rooms/spaces N/A
Education(E)(a) 0 du N/A Per
(no directly corresponding 0.30 underlying CL
0 rooms/spaces N/A CL
zoning) zoning E
Industrial(I) 1 du 2 du U
(I and MI zoning) 0 rooms/spaces N/A 0.25-0.60 0.20
as
Institutional(INS)(a) 0 du N/A Per
(no directly corresponding 15 rooms/spaces 24 0.30 underlying
zoning) rooms/spaces zoning
Mainland Native(MN) 0.01 du N/A 0
(MN zoning) 2 spaces(e) N/A 0.03 0.95 0.99
Military (M) 6 du 12 du
(MF zoning) 10 rooms/spaces 20 0.30-0.50 0.20 0
rooms/spaces
1 du 2 du(MI) 0.10-0.45 2
(DR MU,MI) 6-18 du(SC)W (SC,UC,DR, 0
Mixed Use/Commercial 3 du(SC) 12 du du MU) 0
(f)(g)
(SC,UC,DR,RV,MU and Commercial ApartmentsApartments (MU)18 du(DR) RV<2(RV)SF W
I zoning) (RV)m� 0.20
r-
5 15 rooms/spaces
10-25 0.30-0.60 E
rooms/spaces (MI)
1 du 12 du(CFA,
Mixed Use/Commercial (CFSD-20)c) CFSD)
Fishing (MCF)(f) 3 du(CFA all other CFSD)
(CFA, CFV, CFSD zoning) 1 du/lot(CFV) N/A(CFV) 1
0.25 0.40 0.20
Ordinance -2019
File 2018-196 Page 3 of 10
Packet Pg. 3056
Q.7.e
Exhibit A
0 rooms/spaces N/A
Preservation(P) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
Public Buildings/Lands 0 du N/A Per
(PB)�a� 00
(no directly corresponding 0.30 underlying CD
CD
0 rooms/spaces N/A zoning 04
zoning) (D
Public Facilities(PF)(a) 0 du N/A Per U
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Recreation(R) 0 du N/A
(PR zoning) 2 rooms/spaces N/A 0.20 0.90
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) N/A 0-0.20 0.95
(OS and NA zoning) 0 rooms/spaces
3 du(SR-L)
0.50 du 5 du(SR)
Residential Low(RL) or 0.50(SR SR- U)
(SS, SR, and SR-L zoning) 1 du/lot(SR) 0.25 L)
N/A(SS) 0.80(SS)
0 rooms/spaces
N/A
Residential Medium(RM) 1 du/lot(IDS, IS-V,IS-M) �2E N/A 'G
(ISOO IS-V,IS-M(")and IS- F "" ( °) ��
0) g) 2 du/lot IS-D
zoning) 0 rooms/spaces N/A 0 0.20 r-
12-25 du
CL
6 du(UR) (UR)W C
Residential High(RH) Idu/lot(URM,URM-L) N/A(IS-D
(IS-D 0),URM,URM-L and 2 du/lot(IS-D) URM' to
R zoning) URM-L) 0
0-10 rooms/spaces 0-20 0 0.20
rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall
e 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 0
ualifying 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 Z
U)
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 0
parcel of land that is developable and is not required open s ace.
(c) Additional open space requirements may apply based on environmental protection criteria; in W
these cases,the most restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional,Preservation, E
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.
Ordinance -2019
File 2018-196 Page 4 of 10
Packet Pg. 3057
Q.7.e
Exhibit A
(f) 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
e
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,pursuant04
o Policy 101.5.6. as
(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. U)
0
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key) shall be 1 dwelling �
nit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986,
whichever is less, and the maximum net density bonuses shall not be available. Residential density
shall be allowed in addition to the permitted nonresidential uses and intensity(i.e., density and
intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used
with a RM future land use designation for platted lots which have a duplex that was lawfully
established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be U)
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 a)
and do not count when calculating density. E
(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 0
recorded prior to January 2, 1996; to
2 The platted lot may not be identified for an other use or purpose on the plat e. "park,"
p y Y p � p ( g�� p � �
"common area," etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the
transfer of one (1) full TDR to the SR lot,regardless of the size of the lot and the allocated
density assigned to it;
5) 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 0
density assigned to it;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and 0
Section 130-160 of the Land Development Code;
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; W
a�
and
as
8) 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. E
y�baaaaa district.shall a V &",a,;: aaa aTa� 12ef.ME�el !a�I�!meet all oNhe
Ordinance -2019
File 2018-196 Page 5 of 10
Packet Pg. 3058
Exhibit A
5 o ivm b 2 e arcel's
.1.292.,...which did not create another buil ableparcel-
d
.........................................................................................................................................................................
VU an2ficant must p� vjde sufficient evidence that the p2�°a j l2�Mndajes Wef'e
established hekpre �986 as one ormore oNhe kfflowing �2�Tjidany 00
T—
CD
04
VU p2j°j may not he identiked kW afly jj�v pujj2�a.�r„ (M a OW, Wd<� .2
c(WifflihM a�ca,:
y .
V h a i ]a ��d U)
ffiE�d Pla�Y JhA b� a �Jf' ct � I a JhHJ�ffl Ca�2
arcel must have a minimum of:24 0
)00 sf of
................................................................................................................................................. ========p
an access easement or desi 'I (D
ose other than residential
. ............. ........................... .........
Vh� Vaf�d m!L!have al'iet,desig1jaJon ol' Fier 111,
CL
The Buhj�ffiE�d piust include all jnfin,.�.structurg yastewater
treatment ad djsp�] !1 [Jng LQ , Pad nd2L, and
Vhll n!!N a.°�ffiE d !111LV y,ith Policy yO 2.5 ofthe Compj hensjve Plan
E
2
3
4 OPTION B (Starr tzeconinien(je(j Qition):
5
E
6 Deletions are sii•iel<en llinmigli; additions are shown in undcrHne& changes proposed by staff
7 after BOCC direction are shown in VUMle: (D
E
8 <
9 Policy 101.5.25
10 Monroe County hereby adopts the following density and intensity standards for the future
CL
11 land use categories, which are shown on the FLUM and described in Policies 101.5.1— E
0
12 101.5.20. [F.S. § 163.3177(6)(a)l.] U
13
Future Land Use Densities and Intensities
Residential Nonresidential
Minimum 0
Future Land Use Category Maximum Net Maximum
Open Space
and Corresponding Zoning Allocated Density(a) Density(a)(b) Intensity Ratio W 'G
(per upland acre) (per buildable (floor area
acre) ratio) .2
Agniculture/Aquaculture Per '5
(A)(d) 0 du N/A 0
0.25 underlying (D
(no directly corresponding 0 rooms/spaces N/A
zoning 0
zoning) <
Airport(AD) 0 du N/A >�
0.10 0.20 W
(AD zoning) 0 rooms/spaces N/A
Commercial(COMM) 0 du N/A
0.15-0.50 0.20 (D
'C I and C2 zoning) 0 rooms/spaces N/A E
Conservation(C) 0 du N/A
0.05 0.90
(CD zoning) 0 rooms/spaces N/A
Ordinance -2019
File 2018-196 Page 6 of 10
I Packet Pg. 3059
Q.7.e
Exhibit A
Education(E)(a) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Industrial(I) 1 du 2 du
0.25-0.60 0.20 W
(I and MI zoning) 0 rooms/spaces N/A
Institutional(INS)(a) 0 du N/A Per 00
(no directly corresponding 24 0.30 underlying CD
04
zoning) 15 rooms/spaces rooms/spaces zoning _(D
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
(MF zoning) 10 rooms/spaces 20 0.30-0.50 0.20
rooms/spaces
2 du(MI) 0.10-0.45
I du
(DR MU,MI) 6-18 du(SC) (SC,UC,DR,
Mixed Use/Commercial 3 du(SC) 12 du(LTC) MU)
12-18 du
(MC)(f)(g) 6 du(UC) (MU) <2,500 SF
(SC,UC,DR,RV,MU and Commercial Apartments
I zoning) (RV)m� 18 du(DR) (RV) 0.20 E
r_
5-15 rooms/spaces 10-25 0.30-0.60
rooms/spaces (MI)
1 du 12 du(CFA,
(CFSD-20)c) CFSD)
Mixed Use/Commercial 3 du(CFA all other CFSD)
Fishing (MCF)�� 1 du/lot(CFV) N/A(CFV) E
(CFA, CFV, CFSD zoning) 0.25-0.40 0.20 Q
r_
0 rooms/spaces N/A CL
Preservation(P)(a) 0 du N/A CL
(P zoning) 0 rooms/spaces N/A 0 1.00 E
0
Public Buildings/Lands 0 du N/A Per
(PB)A as
0.30 underlying U
(no directly corresponding 0 rooms/spaces N/A zoning
zoning)
Public Facilities(PF)(a) 0 du N/A Per
(no directly corresponding 0 rooms/spaces N/A 0.30 underlying
zoning) zoning
Recreation(R) 0 du N/A
(PR zoning) 2 rooms/spaces N/A 0.20 0.90
Residential Conservation 0-0.10 du(OS)
(RC) 0.25 du(NA) NSA 0-0.20 0.95 0
(OS and NA zoning) 0 rooms/spaces (a
3 du(SR-L) 0
0.50 du 5 du(SR)
or 0.50(SR SR- �
Residential Low(RL) �n� W
(SS, SR, and SR-L zoning) 1 du/lot(SR) 0.25 L)
N/A(SS) 0.80(SS) as
0 rooms/spaces E
N/A
Residential Medium(RM) 1 du/lot(IS,IS-V,IS-M)
(IS r',IS-VL a,IS-ML a and 2 du/lot(IS-D)O)
IS-DO)zoning) 0 rooms/spaces
Ordinance -2019
File 2018-196 Page 7 of 10
Packet Pg. 3060
Q.7.e
Exhibit A
N/A 0 0.20
12-25 du
6 du(UR) WCD
Residential High(RH) Idu/lot(URM URM-L) N/A(IS-D
(IS-D 0) URM URM-L and 2 du/lot(IS-D) URM T-
CD
R zoning) URM-L) 0 0.20 04
0-10 rooms/spaces 2
0-20
rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall
e 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 CL
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. E
(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 E
used with new or existing zoning districts as appropriate.
(e) Within the Mainland Native future land use district, campground spaces and nonresidential E
buildings shall only be permitted for educational, research or sanitary purposes.
(f) 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. E
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are to
within the MC future land use category.Working waterfront and water dependent uses, such as 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
o 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
nit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986 0
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 0
intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used
with a RM future land use designation for platted lots which have a duplex that was lawfully
established prior to September 15, 1986. W
(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 E
restricted affordable dwelling units. For the UR zoning district market rate housing may be 0
developed as part of an affordable or employee housing project with a maximum net density not
exceeding 18 du/buildable acre.
Ordinance -2019
File 2018-196 Page 8 of 10
Packet Pg. 3061
Q.7.e
Exhibit A
(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,
rovided 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 00
00
CD
recorded prior to January 2, 1996; 04
2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park,"
"common area," etc.); U)
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the 4)
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) 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
e
density assigned to it;
6) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and E
Section 130-160 of the Land Development Code;
7) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater;
and
as
8) The subject parcel must comply with Policy 301.2.5 regarding legal access.
j]) Within zoningthe
district.sdential Medium haaa4 6a a aauaafutureland nai use at ��q t rn� asirrui... Y. E
Is aauaut gel, parcel aa�a° 2a 1,.°cls that a a t aaaa of the i'a1bm'I'li � ��
Qµ°ondituonsaa :
a) q°U..ql'aarccl..baauaaa6aariesrnust have been established in their current a:°onfj g„�atjojl pliorto CL
e j2!e!a]b a;..ll ,II 986, xce t for de m1nimis chin€,es ��o more than �0`%z o� the�arcel's areap C
tot e ortoAu.�ust ll2 ll992... .... ...which did i.ot c1eate another buildable...)arcel. Such de minimis char(yes must have been
recorded in the._Monroe_C'o ntY Pronerty..Records: �
1 q as°ient evidence 2) q°a� aaq�q� aa.q,auat w!�aauait �a�aav6 a�uaga.��a �� ��an� ��� a�av:�°�that t le ME�el
t�a� qa aa�p��a-uaa���a��r��aaraaaNaaa e�,ua�v�established.:.
b qa f S �t�a�a�abra:..q , q to u y ., d a°.d,.
a °
3) qn�.��a°a° ..rrua ay aa�'�t be �tNnaa��q°ac',; � uni� �p�IBua°u;ua.�r �pu::. uuanq��p.��r �puu .qAaHa.�.,� iu �
.. ...
�� q°aa�;.�;ub�pc�;p q�aa�°a.°ill rruaaay un��p lr� a grr°saa.°ta�,�°naall �aa q,.aa pllaappid
5) fhe subject parcel must have a minimum of 2,000 sf oCur�l:and that is not reserved as an 2
access easement or deli mated ose other than residential use,
6) q°U..p2E°ej...rruaaast have a ier esiul)2[i ,n of gjer 111
q°lla�..�j!bjea 12a 1,cei must include all iaagf°sastf'uciuf°e (ffia aab attNU!!a ! „ �Y2steWaatef' 0
treatment alid 6isq,taa ] �:a�t�v a���°rrua��,tiaab aatN„aaAed eta , Myed eti°I
6) fhe max mum net den5r:ty may only be reached with the transfer of one 6lll full TDR to the
:�:�:::P r c.1.-
gip) fhe CAR must meet all pcqurrccnts._alad procedures.specr:Ced r�oi ._ll 30 l_f0; anal.
]ltb aa��aaisaaa.aa. � �ac... � at q...aaaY �tq.� . ...pq t c.... arra TU pj°i acaa�av,.e Mali na(gaaj° aa.a��
U
e�
1
2
Ordinance -2019
File 2018-196 Page 9 of 10
Packet Pg. 3062
Q.7.e
Exhibit A
1 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
2 provision of this ordinance is held invalid, the remainder of this ordinance shall not
3 be affected by such validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in Go
T-
CD
6 conflict with this ordinance are hereby repealed to the extent of said conflict.
as
7
8 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
0
9 Secretary of the State of Florida and shall become effective as provided by law. .�
10
11 Section 5. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated CL
12 in the Monroe County Comprehensive Plan. The numbering of the foregoing
13 amendment may be renumbered to conform to the numbering in the Monroe County
e
14 Comprehensive Plan.
15 E
U)
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, r-
17 Florida, at a regular meeting held on the day of
18
19 Mayor Sylvia Murphy, District 5 E
20 Mayor Pro Tem Danny L. Kolhage, District 1
21 Commissioner Michelle Coldiron, District 2 E
22 Commissioner Heather Carruthers, District 3
23 Commissioner David Rice, District 4
24
25
26
as
27 BOARD OF COUNTY COMMISSIONERS
28 OF MONROE COUNTY, FLORIDA
29
30 BY
31 Mayor Sylvia Murphy
32 (SEAL)
33 0
34 ATTEST: KEVIN MADOK, CLERK
0
35
36
37 DEPUTY CLERK
as
E
Ordinance -2019
File 2018-196 Page 10 of 10
Packet Pg. 3063
t
K.11.b
Examples of Parcels with IS Zoning
That Do Not Meet the Definition of"Lot"
1. Not included in a Plat
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Packet Pg. 1393
flqPublic.netl� Monroe County, FL
I j Overview
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Parcel ID 00121570-000000 Alternate ID 1155373 Owner Address KELLEY ALBERT
SeclTwp/Rng 22/67/26 Class VACANTRES 926TrumanAve
Property Address VACANT LAN TAMARIND Dr Key West,FL 33040KELLEY ANGELINA
BIGCOPPITTKEY 926TrumanAve
Key West,FL 33040
District 100E
Brief Tax Description 22 67 26 BIG COPPITT KEY PT LOT 2 OR165-248-2490R1542-1855 0 R1610-1056/57 0 R1789-1027
(Note:Not to be used on legal documents)
Date created:5/20/2019
Last Data Uploaded:5/20/2019 5:36:16 AM
Developed by4 Schneider
G£OSPATIAL
flqPublic.net '
Monroe County, FL
Overview
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Parcel ID 00121570-000000 Alternate ID 1155373 Owner Address KELLEY ALBERT
Sec/Twp/Rng 22/67/26 Class VACANTRES 926TrumanAve
Property Address VACANT LAN TAMARIND Dr Key West,FL 33040KELLEY ANGELINA
BIGCOPPITTKEY 926TrumanAve
Key West,FL 33040
District 100B
Brief Tax Description 22 67 26 BIG CO PPITT KEY PT LOT 2 OR165-248-2490R1542-1855 0 R1610-1056/57 OR1789-1027
(Note:Not to be used on legal documents)
Date created:5/20/2019
Last Data Uploaded:5/20/2019 5:36:16AM
Developed by4,SchneiTIAder
GEOSPAL