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Resolution 155-2019 1 3 ..- 5 7 8 MONROE COUNTY, FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. 155 -2019 11 12 13 A RESOLUTION BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS TRANSMITTING TO THE 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 SEVERABILITY; 23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 25 PLANNING AGENCY AND THE SECRETARY OF STATE; 26 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 27 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 28 DATE. 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 THE BOARD OF COUNTY 43 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 44 Resolution No. 155 - 2019 Page 1 of 2 File 2018-196 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 52 163.3184(4), Florida Statutes. 53 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 22nd day of May, 2019. 63 _ 64 65 }; Mayor Sylvia Murphy, District 5 Yes co 66 - - Mayor Pro Tern Danny L. Kolhage, District 1 Yes 67 . iv ;. Commissioner Michelle Coldiron, District 2 Yes 68 ``'- Commissioner Heather Carruthers, District 3 Yes cis 69 •Z.:;8 Commissioner David Rice, District 4 Yes 70 © (J i c.:3 ILI 71 w Cr.:rz) ca 72 `I ---3 -jam 73 0 Z`. • BOARD OF COUNTY COMMISSIONERS ; � ;.� :MO: LOD ROE T RIA 111 I,.., J ayo ylv' Murphy ,,,' '.il'.: - ..4 A .--= ►K49 : KEVIN MADOK, CLERK 81 for i 82 • •N OE COUNTY TTORNEY 83 DEPUTY LERK `.: ; a pAt OW: ASSISTANT L W ATTORNEY Otte II ZZ Resolution No.155 -2019 Page 2 of 2 File 2018-196 40E Q o°t► 1 °� • - 4 � 2 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 ORDINANCE NO. -2019 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 14 CATEGORY AND THE IMPROVED SUBDIVISION (IS) ZONING 15 DISTRICT THAT ARE NOT PLATTED LOTS; PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE 18 STATE LAND PLANNING AGENCY AND THE SECRETARY OF 19 STATE; PROVIDING FOR INCLUSION IN THE MONROE 20 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN 21 EFFECTIVE DATE. 22 23 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 27 provide for public participation; and 28 29 WHEREAS, the Monroe County Development Review Committee (DRC) considered 30 the proposed amendments at a regularly scheduled meeting held on the 11tt' day of December, 31 2018; and 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 41 WHEREAS, the Monroe County Planning Commission held a public hearing on 42 February 27, 2019, for review and recommendation on the proposed Comprehensive Plan text 43 amendment; and 44 Ordinance -2019 File 2018-196 Page 1 of 7 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: 5 The parcel boundaries must have been established in their current configuration 6 prior to September 15,1986, except for de minimis changes (no more than 10% of the 7 parcel's upland area) to the parcel boundaries made after September 15, 1986, but 8 prior to July 13August 12, 1992, which did not create another buildable parcel. Such 9 10 Records; and 11 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 14 Commission hearing, of the proposed amendment; and 15 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 20 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 21 Objections, Recommendations and Comments (ORC) report, received by the County on 22 ; and 23 24 WHEREAS, the ORC report ; and 25 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 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 31 amendment, considered the staff report and provided for public comment and public 32 participation in accordance with the requirements of state law and the procedures adopted for 33 public participation in the planning process; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 37 38 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as 39 follows (deletions are shown stricken through; additions are shown underlined): 40 41 Ordinance -2019 File 2018-196 Page 2 of 7 • • 1 OPTION A (directed by BOCC): 2 Deletions are stricken through; additions are shown in underlined; changes proposed by 3 staff after BOCC direction are shown in purple: 4 5 Policy 101.5.25 6 Monroe County hereby adopts the following density and intensity standards for the future 7 land use categories, which are shown on the FLUM and described in Policies 101.5.1- 8 101.5.20. [F.S. § 163.3177(6)(a)1.] Future Land Use Densities and Intensities Residential(0 Nonresidential Minimum Future Land Use Category Maximum Net Maximum Open Space and Corresponding Zoning Allocated Density(a) Density(am Intensity Ratio(0 (per upland acre) (per buildable (floor area acre) ratio) Agriculture/Aquaculture (A) (d) 0 du N/A Per (no directly corresponding 0 rooms/spaces N/A 0.25 underlying 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 (CD zoning) 0 rooms/spaces N/A 0.05 0.90 Education(E)(d) 0 du N/A Per (no directly corresponding 0 rooms/spaces N/A 0.30 underlying zoning) zoning Industrial(I) 1 du 2 du (I and MI zoning) 0 rooms/spaces N/A 0.25-0.60 0.20 Institutional(INS)(") 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(0 N/A 0.03 Military(M) 6 du 12 du (MF zoning) 10 rooms/spaces 20 0.30-0.50 0.20 rooms/spaces 1 du 2 du(MI) 0.10-0.45 (DR,MU,MI) 6-18 du(SC) (k) (SC,UC,DR, Mixed Use/Commercial 3 du(SC) 12 du(UC) MU) (MC)(9(g) 6 du(UC) 12-18 du (SC,UC,DR,RV,MU and Commercial Apartments (MU)(k) <2,500 SF MI zoning) (RV)ro) 18 du(DR) (RV) 0.20 5-15 rooms/spaces 10-25 0.30-0.60 rooms/spaces (MI) Mixed Use/Commercial 1 du 12 du(CFA, Fishing(MCF)(0 (CFSD-20)(0 CFSD) (CFA,CFV, CFSD zoning) 3 du(CFA, all other CFSD) 0.25-0.40 0.20 1 du/lot(CFV) N/A(CFV) Ordinance -2019 File 2018-196 Page 3 of 7 0 rooms/spaces N/A Preservation(P)(d) 0 du N/A (P zoning) 0 rooms/spaces N/A 0 1.00 Public Buildings/Lands 0 du N/A Per (PB)(d) (no directly corresponding 0.30 underlying 0 rooms/spaces N/A zoning zoning) Public Facilities (PF)(d) 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) 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- (SS, SR, and SR-L zoning) 1 du/lot(SR)00 0.25 L) N/A(SS) 0.80 (SS) 0 rooms/spaces N/A Residential Medium RM 1 du/lot(IS, IS-V,IS-M), or N/A (ISu,IS-V,IS-Mu and IS- 1/pre-1986 parcel),(I') D 0)zoning) 2 du/lot(IS-D) 0 rooms/spaces N/A 0 0.20 12-25 du (UR)00 6 du(UR) N/A(IS-D, Residential High(RH) 1 du/lot(URM,URM-L) URM, (IS-D��,URM,URM-L and 2 du/lot(IS-D) 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. Ordinance -2019 File 2018-196 Page 4 of 7 • (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). (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 1 dwelling unit per platted lot, provided all of the following conditions are met: 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996; 2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park," "common area," etc.); 3) The platted lot must have a Tier designation of Tier III; 4) 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. (n) Within the Residential Medium future land use category, the allocated density within the IS zoning district shall be 1 dwelling unit per parcel for parcels that meet all of the following conditions: 1) The parcel boundaries must have been established in their current configuration prior Ordinance -2019 File 2018-196 Page 5 of 7 to September 15,1986 except for de minims changes (no more than 10%of the parcel's area)to the parcel boundaries made after September 15, 1986,but prior to Au su t 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, axed roads,etc., except paved .-oadsl); and 8) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan regarding legal access. 1 2 ***** 3 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 4 provision of this ordinance is held invalid, the remainder of this ordinance shall 5 not be affected by such validity. 6 7 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 8 conflict with this ordinance are hereby repealed to the extent of said conflict. 9 10 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the 11 Secretary of the State of Florida and shall become effective as provided by law. 12 13 Section 5. Inclusion in the Comprehensive Plan. The text amendment shall be 14 incorporated in the Monroe County Comprehensive Plan. The numbering of the 15 foregoing amendment may be renumbered to conform to the numbering in the 16 Monroe County Comprehensive Plan. 17 18 19 20 21 THIS SPACE INTENTIONALLY LEFT BLANK 22 23 SIGNATURES ON FOLLOWING PAGE 24 25 26 Ordinance -2019 File 2018-196 Page 6 of 7 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 2 Florida, at a regular meeting held on the day of 3 4 Mayor Sylvia Murphy, District 5 5 Mayor Pro Tern Danny L. Kolhage, District 1 6 Commissioner Michelle Coldiron, District 2 7 Commissioner Heather Carruthers, District 3 8 Commissioner David Rice, District 4 9 10 11 12 BOARD OF COUNTY COMMISSIONERS 13 OF MONROE COUNTY, FLORIDA 14 15 BY 16 Mayor Sylvia Murphy 17 (SEAL) 18 19 ATTEST: KEVIN MADOK, CLERK 20 21 22 DEPUTY CLERK • Ordinance -2019 File 2018-196 Page 7 of 7