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Item V3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 19. 2003 Division: Growth Management Bulk Item: Yes Nol Department: Planning AGENDA ITEM WORDING: Public hearing to adopt an ordinance amending the Monroe County Land Development Regulations by amending Section 9.5-262, Residential Density and District Open Space. (One public hearing required) ITEM BACKGROUND: This item is part of the continuing effort by Growth Management staff to remove existing inconsistencies between the Monroe County Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations. Additionally, the density bonuses established by Ordinance 003-2002 with regard to affordable and employee housing have been incorporated into the text amendment. The Planning Commission recommended approval of the amendment at a regular scheduled meeting on October 8,2003. PREVIOUS REVELANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty -1L DOCUMENTATION: Included X Risk Management N/ A DIVISION DIRECTOR APPROVAL: DISPOSITION: To Foll w _ Not Required AGENDAITEM#~ Revised 2/27/01 MONROE COUNTY LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT BOARD OF COUNTY COMMISSIONERS KEY LARGO LIBRARY NOVEMBER 19, 2003 Staff: DRC: pc: PROPOSED TEXT AMENDMENT Approval Approval Approval RECOMMENDATIONS August 7, 2003 September 15, 2003 October 8, 2003 Staff Report Resolution #D30-03 Resolution P61-03 DRAFT BOCC ORDINANCE ORDINANCE NO. 2003 AN ORDINANCE AMENDING SECTION 9.5-262 MONROE COUNTY CODE; PROVIDING FOR THE REMOVAL OF EXISTING INCONSISTENCIES BETWEEN THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS WITH REGARD TO RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE; INCLUSION OF THE DENSITY BONUSES FOR AFFORDABLE AND EMPLOYEE HOUSING PURSUANT TO ORDINANCE 003-2002; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES WHEN EFFECTIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners recognizes the need to remove existing inconsistencies between the Monroe County Year 2010 Comprehensive Plan and the Land Development Regulations, and WHEREAS, the Monroe County Board of County Commissioners recognizes that the Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use densities and district open spaces in Policy 101.4.21; and WHEREAS, the Monroe County Board of County Commissioners recognizes that the Land Development Regulations were codified prior to the adoption of the year 2010 Comprehensive Plan and contain certain inconsistencies with regard to residential density and district open space designations; and WHEREAS, the Monroe County Board of County Commissioners recognizes that Monroe County is designated as an "Area of Critical State Concern" and as such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida Statutes; and WHEREAS, the Monroe County Board of County Commissioners recognizes that the year 2010 Comprehensive Plan has been deemed to be consistent with Chapters 9J-5 and 9J-12 F.A.C. and Chapter 163 Florida Statutes by the State's Land Planning Agency, the Department of Community Affairs (DCA); and WHEREAS, the Monroe County Board of County Commissioners recognizes that the amendment to Section 9.5-262 would remove the existing inconsistencies between the Land Development Regulations and the Year 2010 Comprehensive Plan and incorporate the density bonuses; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that Section 1. Section 9.5-262 of the Monroe County Land Development Regulations, is hereby amended to read as follows (additions and deletions shown in underline and strikethrough format): Section 9.5-262. Maximum residential density and district open space Land use Allocated Maximum net Open space District density density ratio * DU/acre DU/buildable area Urban Commercial 6.0 12.0 0.2 Urban Residential 6.0 12.0 0.2 (Affordable housing) 6.0 25.0 0.2 (Employee housing) 6.0 25.0 0.2 Urban Residential Mobile Home (URM) ~ Vlot +--.J! 0.2 Mobile Home Parks per 9.5-4(M-16) 5.0 7.0 0.2 URM-Limited Vlot ~ 0.2 Suburban Commercial 3.0 6.0 0.2 (Employee housing) 3.0 15.0 0.2 Suburban Residential -hQ 0.5 .w 5.0 0.5 Suburban Residential L TD -hG- 0.5 3.0 0.5 Sparsely Settled 0.5 &:G,L 0.8 Native 0.25 0 * MBBgfO'Ies 0 0 1.0 Freslnvater ....retlands 0.2 0 1.0 TraBsitioBal habitats 0.3 5.0 0.85 8earified/distl:H'bed 0.5 5.0 0.6 Hammocks 0.5 5.0 0.8 Beaeh/berm 0.5 5.0 0.9 Piaelands 0.5 5.0 0.8 Mainland Native 0.01 M!L 0.99 Offshore Island 0.1 ;W~ 0.95 Improved Subdivision see see. 9 303 l/1ot Q 0.2 Commercial Fishingl 3.0 12.0 0.2 Destination Resort 1.0 18.0 0.2 Light Ind1:Istrial Industrial 6:G- 1.0 ~2.0 0.2 Maritime Industry 6:G-1.0 ~2.0 0.2 Mixed Use 1.0 12.0 0.2 (Affordable housing) 1.0 18.0 0.2 (Emv10yee housing) 1.0 18.0 0.2 Military Facility 6.0 12.0 0.2 Park and Refuge ~0.25 ~Q 0.9 *See additional open space ratios in Division 8 of the article; in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. I The allocated and maximum net densities listed in this table do not apply to CFSD-20 (Little Torch). See Section 9.5-247(5)(3) for residential densities. (Ord. No. 33-1986 fi 9- 302; Ord. No. 26-1995 fi 1) NOTE: Properties consisting of hammocks, pinelands, and disturbed wetlands which are within RV, MD, UC, SC, CFV, CFA, CFSD districts have a maximum net density ofO. Section2 If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. Section 5. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 6. The Director of Growth Management is hereby directed to forward a copy of this ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of Ordinances once this ordinance is in effect. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AT A REGULAR MEETING OF SAID BOARD HELD ON THE DAY OF ,2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner George Neugent Commissioner David Rice Commissioner Charles "Sonny" McCoy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Dixie Spehar (Seal) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK BOCC STAFF REPORT Memorandum TO: Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning DATE: October 27,2003 RE: Monroe County Land Development Regulations Text Amendment STAFF REPORT BACKGROUND The Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use densities and intensities as delineated in Policy 101.4.21. The Monroe County Land Development Regulations (LDR) were codified prior to the Year 2010 Comprehensive Plan therefore certain inconsistencies exist between the two documents. Section 9.5-262 of the LDR, entitled "Maximum residential density and district open space" contains some inconsistencies with regard to the densities and intensities set forth in the Comprehensive Plan. Furthermore, the existing text for 9.5-262 indicated that there was no "planning" open space for the Suburban Commercial, Improved Subdivision, Industrial and Maritime Industry zoning districts. This has been amended to indicate a 0.2 open space ratio, which is consistent with Division 8 Environmental Open Space Ratios. The existing text also includes seven (7) sub-categories under the Native zoning. Staff recognized that the sub-categories were types of "habitat" rather than land use districts and are also listed in Division 8 therefore they have been eliminated from the text of 9.5-262 to avoid redundancy. Finally, pursuant to Ordinance 003-2002 the new density bonuses for affordable and employee housing in the Urban Residential, Suburban Commercial and Mixed Use zoning districts have also been incorporated into this text amendment. ANALYSIS Monroe County is designated as an "Area of Critical State Concern" and as such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida Statutes. The Year 2010 Comprehensive Plan has been deemed to be consistent with 9J- 5, 9J-12, and 163. Therefore, any Land Development Regulations that are inconsistent with the Comprehensive Plan are inconsistent with the aforementioned chapters of the F.A.C. and the Florida Statutes. Pursuant to 9J-5.006(3)( c)7 the Comprehensive Plan shall establish standards for densities and intensities of use for each future land use category. An amendment to Section 9.5-262 would remove any existing inconsistencies with regard to the Comprehensive Plan. By removing these inconsistencies the Planning Department will further the following Principles for Guiding Development: · To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation; and · To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife and their habitats; and · To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation, dune ridges and beaches, wildlife and their habitat; and · To limit the adverse impacts of development on the quality of water throughout the Florida Keys. Section 9.5-262 additions and deletions shown in underline and strikethrough format. Section 9.5-262. Maximum residential density and district open space Land use Allocated Maximum net Open space District density density ratio DU/acre DU/buildable area Urban Commercial 6.0 12.0 0.2 Urban Residential 6.0 12.0 0.2 (Affordable housing) 6.0 25.0 0.2 (Employee housing) 6.0 25.0 0.2 Urban Residential Mobile Home (URM) ~ l/lot +-~ 0.2 Mobile Home Parks per 9.5-4(M-16) 5.0 7.0 0.2 URM -Limited lIlot ---1L 0.2 Suburban Commercial 3.0 6.0 0.2 (Emplovee housing) 3.0 15.0 0.2 Suburban Residential M 0.5 .w 5.0 0.5 Suburban Residential L TD -l4 0.5 3.0 0.5 Sparsely Settled 0.5 ~L 0.8 Native 0.25 0 * Mangro'les 0 0 1.0 Fresh'llater wetlands 0.2 0 1.0 Transitional habitats 0.3 5.0 0.&5 Scarified/disturbed 0.5 5.0 0.6 Hammoeks 0.5 5.0 0.& Beachlberm 0.5 5.0 0.9 Pinelands 0.5 5.0 0.& Mainland Native 0.01 -l-:-{}~ 0.99 Offshore Island 0.1 ~~ 0.95 Improved Subdivision see sec. 9 303 1Ilot 0 N/A Commercial Fishingl 3.0 12.0 0.2 Destination Resort 1.0 18.0 0.2 Light Industrial Industrial ~LQ ~2.0 0.2 Maritime Industry ~1.0 ~2.0 0.2 Mixed Use 1.0 12.0 0.2 (Affordable housing) 1.0 18.0 0.2 (Emplovee housing) 1.0 18.0 0.2 Military Facility 6.0 12.0 0.2 Park and Refuge ~0.25 ~Q 0.9 *See additional open space ratios in Division 8 of the article; in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. 1 The allocated and maximum net densities listed in this table do not apply to CFSD-20 (Little Torch). See Section 9.5-247(s)(3) for residential densities. (Ord. No. 33-1986 ~ 9- 302; Ord. No. 26-1995 ~ 1) NOTE: Properties consisting of hammocks, pinelands, and disturbed wetlands which are within RV, MU, DC, SC, CFV, CFA, CFSD districts have a maximum net density ofO. FINDINGS OF FACT 1. Based on the Monroe County Code, staff finds that the proposed amendment is consistent with Section 9.5-511(d)(5)b.(v) of the Monroe County Code. 2. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that a text amendment to Section 9.5-262 is needed to make the Land Development Regulations consistent with the Year 2010 Comprehensive Plan. 3. Based on the Monroe county Year 2010 Comprehensive Plan, staff finds that the proposed amendment is consistent with and furthers the goals and objectives of this plan. 4. Based on the Florida Administrative Code, Florida Statutes, and the Principles for Guiding Development, staff finds that the proposed changes are consistent with F.A.C. Chapters 9J-5 and 9J-12, Florida Statutes, Chapter 163, and Chapter 380. RECOMMENDATION: The Planning and Environmental Resources staff recommends approval of the proposed text amendment of the Monroe County Land Development Regulations. PLANNING COMMISSION RESOLUTION P 61-03 PLANNING COMMISSION RESOLUTION #P61-03 A RESOLUTION BY THE MONROE COUNTY PLANNIG COMMISSION RECOMMENDING APPROVAL OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS REVISING SECTION 9.5-262 TO REMOVE EXISTING INCONSISTENCIES BETWEEN THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS WITH REGARD TO RESIDENTIAL DENSITIES AND DISTRICT OPEN SPACE AND THE INCLUSION OF DENSITY BONUSES FOR AFFORDABLE AND EMPLOYEE HOUSING PURSUANT TO ORDINANCE 003-2002. WHEREAS, the Monroe County Land Development Regulations (LDR), Volume III of the comprehensive plan, were adopted February 28, 1986 and became effective September 15, 1986; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use densities and district open spaces in Policy 101.4.21; and WHEREAS, the Land Development Regulations were codified prior to the adoption of the year 2010 Comprehensive Plan and contain certain inconsistencies with regard to residential density and district open space designations; and WHEREAS, Monroe County is designated as an "Area of Critical State Concern" and as such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida Statutes; and WHEREAS, the year 2010 Comprehensive Plan has been deemed to be consistent with Chapters 9J-5 and 9J-12 F.A.C. and Chapter 163 Florida Statutes by the State's Land Planning Agency, the Department of Community Affairs (DCA); and WHEREAS, the amendment to Section 9.5-262 would remove the existing inconsistencies between the Land Development Regulations and the Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee met on September 15,2003 and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on October 8, 2003, the Monroe County Planning Commission conducted a public hearing on the proposed text amendment; and WHEREAS, the Planning Commission was presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. Staff report prepared by J. G. Buckley, Senior Planner and Ralph Gouldy, Senior Administrator Environmental Resources dated Sept. 19,2003; and 2. Discussion of Growth Management Staff; and 3. Comments by the Planning Commission; and WHEREAS, the Planning Commission has made the following Findings of Fact on the evidence presented: 1. Based on the Monroe County Code, we find that the proposed amendment is consistent with Section 9.5-511. 2. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed amendment is consistent with and furthers its goals and objectives. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of Monroe County, Florida, that the preceding findings of fact support its decision to recommend APPROVAL to the Monroe County Board of County Commissioners of the revisions to the text of the Monroe County Land Development Regulations Section 9.5-262 as requested by the Monroe County Planning and Environmental Resources Department. PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 8th day of October, 2003. Chair Jerry Coleman Vice Chair Denise Werling Commissioner Julio Margalli Commissioner Lynn Mapes Commissioner David Ritz YES YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By Jerry Coleman, Chair Signed this _ day of ,2003 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D 30-03 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D30-03 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY CODE SECTION 9.5-262 (MAXIMUM RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE) TO ELIMINATE INCONSISTENCIES BETWEEN THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS. WHEREAS, the Monroe County Land Development Regulations contain inconsistencies with regard to residential densities and district open space ratios as set forth in the Monroe County Year 2010 Comprehensive Plan, specifically Policy 101.4.21; and WHEREAS, Monroe County is an "Area of Critical State Concern" and as such, is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code and Chapter 163 of the Florida Statutes; and WHEREAS, the Year 2010 Comprehensive Plan is deemed to be consistent with 9J-5, 9J-12, and Chapter 163, and any inconsistencies found in the Land Development Regulations are also inconsistent with 9J-5, 9J-12, and Chapter 163; and WHEREAS, Section 9.5-511 delineates the mechanism to amend the Land Development Regulations via a "text amendment"; and WHEREAS, during a regularly scheduled meeting held on September 15, 2003, the Development Review Committee conducted a review and consideration of proposed text amendments to Monroe County Land Development Regulations Section 9.5-262 (Maximum Residential Density and District Open Space); and WHEREAS, the Development Review Committee examined the following information: 1. The staff report prepared by J. G. Buckley, Senior Planner and Ralph Gouldy, Monroe County Biologist dated August 7, 2003; and 2. Comments made by the Development Review Committee; and NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support their decision to recommend APPROVAL to Monroe County Planning Commission of the proposed text amendment to the Monroe County Land Development Regulations as follows: Section 9.5-262 additions and deletions shown in underline and strikethrough format. Section 9.5-262. Maximum residential density and district open space Land use Allocated Maximum net Open space District density density ratio DU/acre DU/buildable area Urban Commercial 6.0 12.0 0.2 Urban Residential 6.0 12.0 0.2 (Affordable housing) 6.0 25.0 0.2 (Employee housing) 6.0 25.0 0.2 Urban Residential Mobile Home (URM) ~ 1/10t +-~ 0.2 Mobile Home Parks Per 9.5-4(M-16) 5.0 7.0 0.2 URM-Limited 1Ilot ~ 0.2 Suburban Commercial 3.0 6.0 0.2 (Employee housing) 3.0 15.0 0.2 Suburban Residential M 0.5 W 5.0 0.5 Suburban Residential L TD -l-:4- 0.5 3.0 0.5 Sparsely Settled 0.5 6-:GL 0.8 Native 0.25 0 * Mangro';es 0 0 1.0 Freshwater v/etlands 0.2 0 1.0 Transitional habitats 0.3 5.0 0.85 Soarified/disturbed 0.5 5.0 0.6 Hammocks 0.5 5.0 0.8 Beaohlberm 0.5 5.0 0.9 Pinelands 0.5 5.0 0.8 Mainland Native 0.01 M~ 0.99 Offshore Island 0.1 ~.-J! 0.95 Improved Subdivision see see. 9 303 l/1ot Q N/A Commercial Fishingl 3.0 12.0 0.2 Destination Resort 1.0 18.0 0.2 Light Industrial Industrial ~.LQ ~2.0 0.2 Maritime Industry ~.LQ ~2.0 0.2 Mixed Use 1.0 12.0 0.2 (Affordable housing) 1.0 18.0 0.2 (Employee housing) 1.0 18.0 0.2 Military Facility 6.0 12.0 0.2 Park and Refuge (kS- 0.25 ~Q 0.9 *See additional open space ratios in Division 8 of the article; in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. 1 The allocated and maximum net densities listed in this table do not apply to CFSD-20 (Little Torch). See Section 9.5-247(s)(3) for residential densities. (Ord. No. 33-1986 ~ 9- 302; Ord. No. 26-1995 ~ 1) NOTE: Properties consisting of hammocks, pinelands, and disturbed wetlands which are within RV, MU, UC, SC, CFV, CFA, CFSD districts have a maximum net density ofO. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida at a regular meeting held on the 15th day of September, 2003. Fred Gross, Island Planning Team Director (Lower Keys) Ralph Gouldy, Senior Administrator, Environmental Resources Aref Joulani, Senior Administrator, Development Review Jerry Buckley, Senior Planner Robert Will, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, DRC Chair Signed this _ day of ,2003.