Item R02 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning& Environmental Resources
Staff Contact Person/Phone#: Christine Hurley—289-2500
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Monroe County Code (MCC)
Section 130-160 pertaining to transferable development rights (TDR's) by revising the provisions of the section to be
consistent with Monroe County Comprehensive Plan(CP)Policy 101.13.4.
ITEM BACKGROUND: CP Policy 101.13.4 provides the following criteria for TDR sender sites:
Parcels within the following habitats and land use districts shall be designated as sender sites for TDR's:
• Any parcel within these zoning categories: Offshore Island (OS); Sparsely Settled (SS); Mainland Native (MN);
Parks and Refuge(PR); Native Area(NA); Conservation(C)
• Habitat of the following types which lie within any zoning category: Freshwater wetlands; Saltmarsh/Buttonwood
wetlands; High quality high hammock; High quality low hammock; Moderate quality high hammock; Moderate
quality low hammock; High quality pinelands; Low quality pinelands; Beach/berm; Palm Hammock; Cactus
Hammock; Disturbed Wetlands
The BOCC approved Ordinance#004-2013 on January 16, 2013.The intent of the ordinance was to amend the provisions
of MCC Section 130-160 to be consistent with CP Policy 101.13.4. CP Policy 101.13.4 allows the transfer of TDR's from
sender sites within habitat of certain types which lie within any zoning category; however, MCC §130-160—as revised by
Ordinance#004-2013 -requires that the sender site be within a listed zoning category(and thus restricted to only those 6
zoning categories) and be within a listed habitat type (and thus further restricted to having to comply with the zoning
criteria and the habitat criteria,rather than one or the other).
Additionally, CP Policy 101.13.4 does not prohibit the transfer of TDR's to Tier I parcels. In other policies, such as those
related to ROGO,the Comprehensive Plan"discourages"development on Tier I parcels; however it does not"prohibit."
Staff is proposing this amendment to resolve the consistency issues between the CP and the MCC. Staff recommends
amending MCC Section 130-160 by replacing the term"and"with"and/or" in MCC §130-160(a)(1) and by replacing the
term"prohibited"with"discouraged"in MCC §130-160(a)(4).
During a regularly scheduled meeting held on April 23, 2013, the Monroe County Development Review Committee
reviewed the ordinance and recommended approval to the BOCC. During a regularly scheduled meeting held on May 29,
2013,the Planning Commission reviewed the ordinance and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION: The board of county commissioners approved Ordinance #004-2013
on January 16, 2013. The intent of this ordinance was to amend the provisions of MCC Section 130-160 to be consistent
with CP Policy 101.13.4.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SO=F FUNDS:
REVENUE PRODUCING: Yes No AMOUN PER MONTH Year
APPROVED BY: County Atty,,%fd OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2013
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 130-160, TRANSFERABLE DEVELOPMENT
14 RIGHTS, REVISING THE LAND DEVELOPMENT
15 REGULATIONS TO BE CONSISTENT WITH POLICY 101.13.4 OF
16 THE MONROE COUNTY COMPREHENSIVE PLAN,
17 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
18 OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
20 AND THE SECRETARY OF STATE; PROVIDING FOR
21 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
22
23
24 WHEREAS, the Board of County Commissioners approved Ordinance #004-2013 on
25 January 16, 2013. The intent of the ordinance was to amend the provisions of Monroe County
26 Code Section 130-160 to be consistent with Monroe County Comprehensive Plan Policy
27 101.13.4; and
28
29 WHEREAS, Monroe County Code Section 130-160 and Monroe County Comprehensive
30 Plan Policy 101.13.4 pertain to transferable development rights, commonly referred to as TDRs;
31 and
32
33 WHEREAS, additional amendments to Monroe County Code Section 130-160 are necessary
34 to address inconsistencies between Monroe County Code Section 130-160 and the Monroe
35 County Comprehensive Plan that were inadvertently not corrected by Ordinance#004-2013; and
36
37 WHEREAS, Monroe County Comprehensive Plan Policy 101.13.4 allows the transfer of
38 TDR's from sender sites within habitat of specified types which lie within any zoning category;
39 however Monroe County Code Section 130-160 - as revised by Ordinance #004-2013 - requires
40 that the sender site be within a listed zoning category (and thus restricted to only those 6 zoning
41 categories) and be within a listed habitat type (and thus further restricted to having to comply
42 with the zoning criteria and the habitat criteria, rather than one or the other); and
43
44 WHEREAS, Monroe County Comprehensive Plan does not prohibit the transfer of TDR's to
45 tier I parcels. In other policies, the Comprehensive Plan discourages development on tier I
46 parcels; however it does not prohibit; and
Page 1 of 5
1
2 WHEREAS, based upon the information and documentation submitted, the Commission
3 makes the following Conclusions of Law: 1)the text amendment is consistent with the Principles
4 for Guiding Development in the Florida Keys Area of Critical State Concern; 2) the text
5 amendment is consistent with the provisions and intent of the Monroe County Comprehensive
6 Plan; and 3) the text amendment is consistent with the provisions and intent of the Monroe
7 County Code; and
8
9 WHEREAS, during a regularly scheduled meeting held on April 23. 2013, the Monroe
10 County Development Review Committee reviewed the ordinance and recommended approval to
11 the Board of County Commissioners; and
12
13 WHEREAS, during a regularly scheduled public hearing held on May 29, 2013, the Monroe
14 County Planning Commission reviewed the ordinance and recommended approval to the Board
15 of County Commissioners;
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
18 COUNTY COMMISSIONERS:
19
20 Section 1. Section 130-160 of the Monroe County Code shall be amended as follows (deletions
21 are stfieken dffe and additions are underlined):
22
23 Sec. 130-160. Transferable development rights T( DR,$).
24
25 (a) General and criteria. All residential development rights allocated or established in
26 sections 130-157 and 130-162 are transferable from one parcel of land to another parcel
27 of land,provided that the sender and receiver sites meet all of the following criteria:
28
29 (1) A sender site is the land area from which the development right(s)to be transferred is
30 derived. In the event an applicant intends to only use part of a greater property for a
31 transferable development right application, the additional land area not required to
32 amass the transferable development right(s) shall not be considered part of the sender
33 site and not subject to conservation as required in subsection (8). As part of the
34 application required in subsection (b)(2), the applicant shall provide a boundary
35 survey and legal description that identify the boundaries of the sender site within the
36 greater property.
37
38 A sender site shall be within one of the following Land Use (Zoning) Districts in
39 subsection (a) a. and and/or contain at least one of the following habitat types in
40 subsection(b)b.:
41 a. Land Use (Zoning) Districts: Conservation (C), Mainland Native (MN), Native
42 Area (NA), Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled
43 (SS).
44 b. Habitat Types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands, High
45 quality high hammock, High quality low hammock, Moderate quality high
46 hammock, Moderate quality low hammock, High quality pinelands, Low quality
Page 2 of 5
I pinelands, Beach/berm, Palm Hammock, Cactus Hammock, and/or Disturbed
2 wetlands.
3
4 (2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be
5 exceeded and new development on a receiver site shall be developed in compliance
6 with each and every requirement of this Land Development Code.
7
8 (3) The maximum net densities set forth for the applicable future land use category in the
9 comprehensive plan shall not be exceeded and new development on a receiver site
10 shall be developed in compliance with each and every requirement of the
11 comprehensive plan.
12
13 (4) The assignment of transferable development rights to receiver sites designated tier I
14 shall be wed discouraged.
15
16 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,
17 No Name Key, and North Key Largo from other areas of the County shall be
18 prohibited, excluding the assignments of transferable development rights a) from
19 sender sites on Big Pine Key to receiver sites on Big Pine Key; b) from sender sites
20 on No Name Key to receivers sites on No Name Key, and c) from sender sites within
21 North Key Largo to receiver sites within North Key Largo.
22
23 (6) The assignment of transferable development rights to receiver sites within Land Use
24 (Zoning) Districts that do not have a maximum net densities is prohibited (including,
25 but not limited to, Improved Subdivision(IS, IS-D, IS-M, or IS-V), Urban Residential
26 Mobile Home (URM or URM-limited), Sparsely Settled (SS), Native Area (NA),
27 Offshore Island(OS), and Mainland Native(MN).
28
29 (7) A development right may be transferred in part, provided it is rounded to the nearest
30 tenth (i.e. if a sender site is designated Native Area(NA) and consists only of two (2)
31 acres of upland, the property owner may transfer the fractional 0.50 transferable
32 development right). However, in accordance with subsection (8), in no event shall a
33 property owner utilize part of a sender site's acreage for a transferable development
34 right and maintain the right to develop that acreage as the land use intensity shall be
35 exhausted.
36
37 (8) Prior to application for a building permit authorizing the development of a residential
38 dwelling unit on a receiver site requiring a transferable development right, the sender
39 site(s) shall be a) dedicated to the County or b) placed in a conservation easement
40 prohibiting its future development. A conservation easement shall be reviewed and
41 approved by the Planning and Environmental Resources Department prior to its
42 recording in the official records of the County.
43
44 (b) Procedure. The transfer of development rights shall be carried out as follows:
45
Page 3 of 5
1 (1) A minor conditional use permit shall be required to identify, determine the eligibility
2 of and document the approval of the sender and receiver site, pursuant to the process
3 set forth in section 110-69. If a single receiver site is proposed to receive transferable
4 development rights from multiple sender sites, a conditional use permit application
5 for each sender site shall be required. All sender and receiver sites associated with a
6 proposed transfer of a transferable development right shall be identified at the time of
7 application;
8
9 (2) The minor conditional use permit application required in subsection (b)(1) shall be
10 submitted in a form provided by the Planning and Environmental Resources
11 Department and include the following:
12 a) The names and addresses of the property owners of record for the sender
13 site(s) and receiver site(s);
14 b) The property record cards from the Monroe County Property Appraiser of the
15 sender site(s) and receiver site(s);
16 c) Written legal descriptions of the sender site(s)and receiver site(s);
17 d) A copy of the affidavit of intent to transfer;
18 e) Boundary surveys and legal descriptions of the sender site(s) and receiver
19 site(s), prepared by a surveyor registered in the State of Florida, showing the
20 boundaries of the sites, elevations, bodies of water and wetlands, total
21 acreage,total upland acreage and total acreage by habitat; and
22 f) Vegetative studies of the sender site(s) and receiver site(s).
23
24 (3) A development order shall memorialize approval of the minor conditional use permit
25 required in subsection(b)(1). The development order shall include language requiring
26 a Deed of Transfer described in this subsection(below). After successfully passing all
27 applicable appeal periods, the development order shall be recorded in the official
28 records of the Monroe County Clerk of the Circuit Court. Such recording shall be
29 carried out so that the document is associated with all applicable sender and receiver
30 sites; and
31
32 (4) Prior to issuance of a building permit authorizing the development of a residential
33 dwelling unit, all or a part of which is derived from a transferred development right, a
34 deed of transfer shall be recorded in the chain of title of the sender site (transferor
35 parcel) containing a restrictive covenant prohibiting the development that would
36 require use of any of the allocated density that was transferred from the parcel.
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40 Section 2. Severability.
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42 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
43 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
44 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
45 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
46 involved in the controversy in which such judgment or decree shall be rendered.
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2 Section 3. Conflicting Provisions.
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4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
5 extent of said conflict.
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7 Section 4. Transmittal.
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9 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
10 380.05 (11) and F.S. 380.0552(9).
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12 Section 5. Filing.
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14 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
15 become effective pursuant to Section 7 until a final order is issued according to F.S. 380.05(6)by
16 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
17 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
18 Chapter 120.
19
20 Section 6. Inclusion in the Monroe County Code.
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22 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
23 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
24 appropriately renumbered to conform to the uniform marking system of the Code.
25
26 Section 7. Effective Date.
27
28 This ordinance shall become effective as provided by law and stated above. This ordinance
29 applies to any applicable application submitted after the effective date.
30
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
32 at a regular meeting held on the day of , 2013.
33
34 Mayor George Neugent
35 Mayor Pro Tem Heather Carruthers
36 Commissioner Danny Kolhage
37 Commissioner Sylvia Murphy
38 Commissioner David Rice
39
40 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
41
42 Attest: Amy Heavilin, Clerk
43
44
45 By By
46 Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORNEY
Page 5 of 5 AP VED AS FORM:
S EVE T. WILLIAMS
ASSISTANT CUNTY ATTORNEY
0=1 »Ill%
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning& Environmental Resources
From: Joseph Haberman,AICP, Planning& Development Review Manager
Date: June 7, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 130-160,
TRANSFERABLE DEVELOPMENT RIGHTS, REVISING THE LAND
DEVELOPMENT REGULATIONS TO BE CONSISTENT WITH POLICY
101.13.4 OF THE MONROE COUNTY COMPREHENSIVE PLAN, PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE, PROVIDING FOR
CODIFICATION, PROVIDING FOR AN EFFECTIVE DATE.
Meeting: July 17,2013
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §130-160 of the Monroe County Code (MCC) pertaining to transferable development
6 rights (commonly referred to as TDR's). The purpose of the proposed amendment is to revise
7 the provisions of MCC §130-160 to be consistent with Monroe County Comprehensive Plan
8 (MCCP)Policy 101.13.4.
9
10 II RELEVANT PRIOR COUNTY ACTIONS:
11
12 The Board of County Commissioners approved Ordinance #004-2013 on January 16, 2013
13 (Attachment A). The intent of this ordinance was to amend the provisions of MCC §130-160
14 to be consistent with MCCP Policy 101.13.4.
15
16 During a regularly scheduled meeting held on April 23, 2013, the Monroe County
17 Development Review Committee reviewed the ordinance and recommended approval to the
18 BOCC.
19
20 During a regularly scheduled meeting held on May 29, 2013, the Monroe County Planning
21 Commission reviewed the ordinance and recommended approval to the BOCC.
22
23
Page 1 of 6(File#2013-050)
I III REVIEW
2
3 A modification is necessary to address a remaining inconsistency between MCC §130-160
4 and MCCP Policy 101.13.4 that was inadvertently not corrected by Ordinance#004-2013.
5
6 MCCP Policy 101.13.4 provides the following criteria for sender sites (direct excerpt from
7 the MCCP):
8 ... parcels within the following habitats and land use districts shall be designated
9 as sender sites for [TDR's]:
10
12 Any parcel within these zoning categories:
13 Offshore Island(OS) Sparsely Settled(SS)
14 Main land Native (MN) Parks and Refuge (PR)
15 Native (NA) Conservation(C)
16
17 Habitat of the following types which lie within any zoning category:
18
19 Freshwater wetlands
20 Saltmarsh/Buttonwood wetlands
21 High quality high hammock
22 High quality low hammock
23 Moderate quality high hammock
24 Moderate quality low hammock
25 High quality pinelands
26 Low quality pinelands
27 Beach/berm
28 Palm Hammock
29 Cactus Hammock
30 Disturbed Wetlands
31
32 MCC§130-160, as recently revised by Ordinance #004-2013, provides the following criteria
33443 for sender sites (direct excerpt from the MCC):
35 ...
36 A sender site shall be within one of the following Land Use (Zoning) Districts in
37 subsection(a) and contain at least one of the following habitat types in subsection
38 (b):
39 a. Land Use (Zoning) Districts: Conservation (C), Mainland Native (MN),
40 Native Area (NA), Offshore Island (OS), Parks and Refuge (PR) or
41 Sparsely Settled(SS).
42 b. Habitat Types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands,
43 High quality high hammock, High quality low hammock, Moderate
44 quality high hammock, Moderate quality low hammock, High quality
45 pinelands, Low quality pinelands, Beach/berm, Palm Hammock, Cactus
46 Hammock, and/or Disturbed wetlands.
47 ...
Page 2 of 6(File#2013-050)
I Policies within a Comprehensive Plan supersede land development regulations. MCCP
2 Policy 101.13.4 allows the transfer of TDR's from sender sites within habitat of certain types
3 which lie within any zoning category; however, the recently revised MCC §130-160 requires
4 that the sender site be within a listed zoning category (and thus restricted to only those 6
5 zoning categories) and be within a listed habitat type (and thus further restricted to having to
6 comply with the zoning criteria and the habitat criteria,rather than one or the other).
7
8 In addition, as a separate issue, MCCP Policy 101.13.4 does not prohibit the transfer of
9 TDR's to tier I parcels. In other policies, such as those related to ROGO, the Comprehensive
10 Plan discourages development on tier I parcels; however it does not prohibit. For example:
11
12 MCCP Policy 101.5.2: In order to encourage a compact form of residential growth that
13 results in infill development in platted, improved subdivisions, the Point System shall be
14 primarily based on the Tier system of land classification as set forth under Goal 105. To
15 discourage and limit further growth in Tier I designated areas, the annual maximum
16 number of residential permit allocations that may be awarded in Tier I shall be no more
17 three (3) in each of the two Residential Permit Allocation planning areas established by
18 the Land Development Regulations.
19
20 MCCP Policy 102.9.1: Monroe County shall discourage developments which are
21 proposed in Tier I through the permit allocation system and the environmental
22 regulations.
23
24 The "prohibit" versus "discourage" issue relative to Tier I designated lands was discussed by
25 the Planning Commission at the May 30, 2012 public hearing in which the Planning
26 Commission reviewed an early draft of Ordinance #004-2013 (see attached minutes). At that
27 time, staff had suggested the term discourage based on consistency with the Comprehensive
28 Plan. Some Commissioners suggested that the County amend the Comprehensive Plan to use
29 the term prohibit rather than discourage. However, the draft of Ordinance #004-2013 was
30 inadvertently modified to use the term prohibit, which would be inconsistent with the
31 Comprehensive Plan until it is amended to state prohibit- if it is amended.
32
33 Staff is proposing this amendment• to resolve the consistency issues between the
34 Comprehensive Plan and the Monroe County Code. MCC §130-160 should be revised by
35 replacing the term "and" with "and/or" in MCC §130-160(a)(1) and by replacing the term
36 "prohibited"with"discouraged"in MCC §130-160(a)(4).
37
38 Therefore, staff recommends the following changes (Deletions are stkeken-thfough and
39 additions are rci. Text to remain the same is in black):
40
41 Sec. 130-160. Transferable development rights 1 ,,1 ).
42
43 (a) General and criteria. All residential development rights allocated or established in
44 sections 130-157 and 130-162 are transferable from one parcel of land to another parcel
45 of land,provided that the sender and receiver sites meet all of the following criteria:
46
Page 3 of 6(File#2013-050)
1 (1) A sender site is the land area from which the development right(s) to be transferred is
2 derived. In the event an applicant intends to only use part of a greater property for a
3 transferable development right application, the additional land area not required to
4 amass the transferable development right(s) shall not be considered part of the sender
5 site and not subject to conservation as required in subsection (8). As part of the
6 application required in subsection (b)(2), the applicant shall provide a boundary
7 survey and legal description that identify the boundaries of the sender site within the
8 greater property.
9
10 A sender site shall be within one of the following Land Use (Zoning) Districts in
11 subsection ( 4 and lat;, o.r contain at least one of the following habitat types in
12 subsection N, 11::
13 a. Land Use (Zoning) Districts: Conservation (C), Mainland Native (MN), Native
14 Area (NA), Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled
15 (SS).
16 b. Habitat Types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands, High
17 quality high hammock, High quality low hammock, Moderate quality high
18 hammock, Moderate quality low hammock, High quality pinelands, Low quality
19 pinelands, Beach/berm, Palm Hammock, Cactus Hammock, and/or Disturbed
20 wetlands.
21
22 (2) The maximum net densities set forth in sections 130-157 and 130-162 shall not be
23 exceeded and new development on a receiver site shall be developed in compliance
24 with each and every requirement of this Land Development Code.
25
26 (3) The maximum net densities set forth for the applicable future land use category in the
27 comprehensive plan shall not be exceeded and new development on a receiver site
28 shall be developed in compliance with each and every requirement of the
29 comprehensive plan.
30
31 (4) The assignment of transferable development rights to receiver sites designated tier I
2 shall be pFWaibited di scolirag(-d.
33
34 (5) The assignment of transferable development rights to receiver sites on Big Pine Key,
35 No Name Key, and North Key Largo from other areas of the County shall be
36 prohibited, excluding the assignments of transferable development rights a) from
37 sender sites on Big Pine Key to receiver sites on Big Pine Key; b) from sender sites
38 on No Name Key to receivers sites on No Name Key, and c) from sender sites within
39 North Key Largo to receiver sites within North Key Largo.
40
41 (6) The assignment of transferable development rights to receiver sites within Land Use
42 (Zoning) Districts that do not have a maximum net densities is prohibited (including,
43 but not limited to, Improved Subdivision(IS, IS-D, IS-M, or IS-V), Urban Residential
44 Mobile Home (URM or URM-limited), Sparsely Settled (SS), Native Area (NA),
45 Offshore Island(OS), and Mainland Native (MN).
46
Page 4 of 6(File#2013-050)
1 (7) A development right may be transferred in part, provided it is rounded to the nearest
2 tenth(i.e. if a sender site is designated Native Area(NA) and consists only of two (2)
3 acres of upland, the property owner may transfer the fractional 0.50 transferable
4 development right). However, in accordance with subsection (8), in no event shall a
5 property owner utilize part of a sender site's acreage for a transferable development
6 right and maintain the right to develop that acreage as the land use intensity shall be
7 exhausted.
8
9 (8) Prior to application for a building permit authorizing the development of a residential
10 dwelling unit on a receiver site requiring a transferable development right, the sender
11 site(s) shall be a) dedicated to the County or b) placed in a conservation easement
12 prohibiting its future development. A conservation easement shall be reviewed and
13 approved by the Planning and Environmental Resources Department prior to its
14 recording in the official records of the County.
15
16 (b) Procedure. The transfer of development rights shall be carried out as follows:
17
18 (1) A minor conditional use permit shall be required to identify, determine the eligibility
19 of and document the approval of the sender and receiver site, pursuant to the process
20 set forth in section 110-69. If a single receiver site is proposed to receive transferable
21 development rights from multiple sender sites, a conditional use permit application
22 for each sender site shall be required. All sender and receiver sites associated with a
23 proposed transfer of a transferable development right shall be identified at the time of
24 application;
25
26 (2) The minor conditional use permit application required in subsection (b)(1) shall be
27 submitted in a form provided by the Planning and Environmental Resources
28 Department and include the following:
29 a) The names and addresses of the property owners of record for the sender
30 site(s) and receiver site(s);
31 b) The property record cards from the Monroe County Property Appraiser of the
32 sender site(s) and receiver site(s);
33 c) Written legal descriptions of the sender site(s)and receiver site(s);
34 d) A copy of the affidavit of intent to transfer;
35 e) Boundary surveys and legal descriptions of the sender site(s) and receiver
36 site(s), prepared by a surveyor registered in the State of Florida, showing the
37 boundaries of the sites, elevations, bodies of water and wetlands, total
38 acreage, total upland acreage and total acreage by habitat; and
39 f) Vegetative studies of the sender site(s) and receiver site(s).
40
41 (3) A development order shall memorialize approval of the minor conditional use permit
42 required in subsection (b)(1). The development order shall include language requiring
43 a Deed of Transfer described in this subsection(below). After successfully passing all
44 applicable appeal periods, the development order shall be recorded in the official
45 records of the Monroe County Clerk of the Circuit Court. Such recording shall be
Page 5 of 6(File#2013-050)
1 carried out so that the document is associated with all applicable sender and receiver
2 sites; and
3
4 (4) Prior to issuance of a building permit authorizing the development of a residential
5 dwelling unit, all or a part of which is derived from a transferred development right, a
6 deed of transfer shall be recorded in the chain of title of the sender site (transferor
7 parcel) containing a restrictive covenant prohibiting the development that would
8 require use of any of the allocated density that was transferred from the parcel.
9
10
11
12 IV RECOMMENDATION
13
14 Staff has found that the proposed text amendment would be consistent with the Principles for
15 Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
16 County Comprehensive Plan and the Monroe County Code.
17
18 Further, staff has found that the proposed text amendment would be in compliance with the
19 provisions of §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service
20 needs) from those on which the text or boundary was based; 2. Changed assumptions (e.g.,
21 regarding demographic trends); 3. Data errors, including errors in mapping, vegetative types
22 and natural features described in volume I of the plan; 4. New issues; 5. Recognition of a
23 need for additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has
24 found that the proposed text amendments are necessary due to recognition of a need for
25 additional detail or comprehensiveness.
26
27 Staff recommends that the Board of County Commissioners amend the Monroe County Code
28 as stated in the text of this staff report.
Page 6 of 6(File#2013-050)