The URL can be used to link to this page

Item P02 P2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting April 17, 2024 Agenda Item Number: P2 2023-2326 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Amending the Monroe County Land Use District ("LUD") Map from Sparsely Settled ("SS") to Suburban Residential("SR"), for Property Located at 1489 Boca Chica Road, Geiger Key, Currently Having Property Identification Number 00141810-000000, as proposed by Robert L. Beardslee. ITEM BACKGROUND: On August 21, 2023, the Monroe County Planning and Environmental Resources Department received an application from James Reynolds of Reynolds Engineering Services, Inc., on behalf of Robert Beardslee ("Applicant") to amend the Monroe County Land Use District Map from Sparsely Settled ("SS") to Suburban Residential("SR") for property located at 1489 Boca Chica Road, Geiger Key ("subject property" or the "property"). Site Information: Location: Approximate Mile Marker, Geiger Key Property Identification No.: 00141810-000000 Applicant: Robert L. Beardslee Agent: Reynolds Engineering Services, Inc. Size of Property: 6,000 square feet ("S.F.") [0.138 acres] according to boundary survey dated October 13, 2022,prepared by J. Lynn O'Flynn, P.S.M., of J. Lynn O'Flynn, Inc. FLUM Designations: Residential Low ("RL") Land Use District: Sparsely Settled("SS");proposing Suburban Residential("SR") MIAI: Yes 3634 Tier Designation: III (Infill Area) Flood Zones: AE (EL 9) CBRS: No Existing Uses: Single Family Residence Existing Vegetation/Habitat: Developed Land Community Character of Immediate Vicinity: Surrounding land uses include residential, conservation, mixed use Community Meeting and Public Participation In accordance with LDC Section 102-159(a), a community meeting was held on November 15, 2023, to discuss the proposed Land Use District("LUD") Map amendment and provide for public participation. There were approximately seven(7) attendees. Comments from the Community Meeting included [but were not limited to]: • General support of the proposed LUD Amendment • Concern over vacation rentals Development Review Committee The Monroe County Development Review Committee ("DRC") considered the proposed amendment to the LUD Map at a regularly scheduled meeting held on December 19, 2023, to provide for public participation, comments, and recommendations. On December 21, 2023, the Chair of the DRC signed Resolution No. DRC 24-23, recommending APPROVAL of the proposed amendment to the Land Use District Map to the Monroe County Planning Commission and Monroe County Board of County Commissioners. Monroe County Planning Commission The Monroe County Planning Commission("PC") considered the proposed amendment to the LUD Map at a regularly scheduled hearing held on January 24, 2024, to provide for public participation, comments, and recommendations. On January 24, 2024, the PC Chair signed PC Resolution No. P02-24 recommending APPROVAL of the proposed amendment to the LUD Map to the Monroe County Board of County Commissioners. AMENDMENT REVIEW The Property currently has a Land Use District("LUD") designation of Sparsely Settled("SS") and a Future Land Use Map ("FLUM") designation of Residential Low("RL"). In the application materials, the Applicant states that the reason for the proposed amendment is: "Existing conditions are non-compliant to Sparsely Settled(SS) (80%Min. Open Space- 4,800 sj) requirement. The existing house alone makes the property non-conforming to open space (6,000 sf- 1,725 sf=4,275 sf, 71.2501o). Therefore the property owner is presented with a hardship that will not allow them to do any improvements to their property. The property owner would like to add a swimming pool to their property but cannot due to the designation of Sparsely Settled. 3635 The LUD Amendment would allow for a change in the Minimum Open Space Ratio from 0.80 in SS to 0.50 in SR which would allow the Applicant to build a swimming pool without changing the density or restricted usage of his property. The amendment would not change the allowable development because SS designated properties have an allocated density of 0.5 units per acre, and SR designated properties have an allocated density of 0.5 units per acre." The Applicant's full explanation and justification of the proposed amendment is included in the file for the application(File 2023-193). LUD Comparisons Existing Land Development Code ("LDC") Section 130-49.- Purpose of the Sparsely Settled District (SS) The purpose of the SS district is to establish areas of low-density residential development where the predominant character is native or open space lands. Proposed LDC Section 130-47.- Purpose of the Suburban Residential District (SR) The purpose of the SR district is to establish areas of low- to medium-density residential uses characterized principally by single-family detached dwellings. This district is predominated by development; however, natural and developed open space creates an environment defined by plants, spaces and over-water views. The subject property is currently developed with a single-family residence (detached dwelling) with surrounding single family residential properties in addition to natural areas and open space. Permitted and Conditional Uses The table on Page 5 of the attached Monroe County Planning & Environmental Resources Department Professional Staff Report provides a comparison of the permitted and conditional uses of the existing Zoning District as compared to the amended Zoning District. Those uses that differ in the proposed SR zoning are in red. This table is for the purpose of providing a summary only. The full lists of permitted and conditional uses within both the SS and SR Zoning Districts are included as Attachments 2 and 3 to the Report. Maximum Density and Intensity by Land Use (Zoning) District The table on Pages 5 and 6 of the attached Staff Report provides a comparison of the development potential for residential, transient and commercial development of the existing Zoning District as compared to the amended Zoning District. Section 130-156(b) of the LDC states: "The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density limits of this article. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development." 3636 As shown in the orange portion of the table, the proposed LUD amendment would result in an increase of 300 square feet of nonresidential development potential for those limited uses permitted within the SR Land Use District. There would be no change to allocated density, maximum net density, nor transient density on the Property. Any proposed new residential or nonresidential use would be subject to the requirements of Chapter 138 of the Land Development Code related to the Residential Rate of Growth Ordinance ("ROGO"/"NROGO")permit process. Pursuant to Land Development Code Section 130-163, property owners whose land contains a lawfully established dwelling unit that was in existence before January 4, 1996, are permitted to replace the unit and it shall not be considered nonconforming to density. Therefore, regardless of the zoning district, the previously existing unit would be permitted to be replaced under either the existing or proposed land use district. COMPATIBILITY WITH THE SURROUNDING AREA According to the application materials submitted, the existing single-family residence on the subject property is approximately 1,729 square feet. Although other structures are referenced and appear to be in existence on the subject property, Monroe County Planning and Environmental Resources Department professional staff has only been able to locate building permit approval of the single-family residence and a 240 square foot seawall, resulting in what appears to be a permitted open space ratio of 0.67 or 67% on the Property. The Property is lawfully nonconforming to the required 0.8 or 80% open space ratio of the SS zoning district. Approval of the requested LUD Amendment would bring the Property into compliance with the required open space ratio [0.5 or 50% in the SR Zoning]. It should be noted that there is a property within the same platted subdivision (approximately 770 feet away) that is located within the Suburban Residential ("SR") Land Use District. The zoning of this property was amended from SS to SR through BOCC Ordinance No. 017-2018. The proposed Land Use District (L UD) map amendment is not anticipated to adversely impact the community character of the surrounding area. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, THE LOWER KEYS LIVABLE COMMUNIKEYS PLANAND THE MONROE COUNTYLAND DEVELOPMENT CODE A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Refer to the attached Professional Staff Report for specific provisions B. The proposed amendment is consistent with the provisions and intent of the Monroe County Code Land Development Code. Refer to the attached Professional Staff Report for specific provisions PREVIOUS RELEVANT BOCC ACTION: On April 26, 1976, Monroe County Building Permit#A213 was issued to construct a single family residence on the Property. The 1973-86 Zoning Maps indicate the Property was within the RU-1 Single Family Residential District. The 1973-86 zoning, RU-1 Single Family Residential District permitted residential uses per 3637 Section 19-194 of the 1973-86 Monroe County Code. The 1986 Pattison Zoning Maps indicate the Property was within the Sparsely Settled(SS) district. The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Property was within the Sparsely Settled(SS) district. These maps were most recently certified through BOCC Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District Maps making the maps available in digital form on June 20, 2007. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Exhibit 1 to Ordinance.pdf 2023-193 BOCC SR 04.17.2024 Exhibit 1_LUD_11A17_Beardslee.pdf Exhibit 2_SR Permitted Uses.pdf Exhibit 3_SS Permitted Uses.pdf Exhibit 4_DRC Reso No. 24-23.pdf Exhibit 5—PC Reso P02-2 .PDF° Ordinance.pdf FINANCIAL IMPACT: N/A 3638 Exhibit 1 to Ordinance# -2024 - FGRFTZN\ ✓qYL� AFC/CAV<,v 2 v _ 2 Z7 v U� GEIGER RD O GGP 6 The Monroe County Land Use District is amended as indicated above. Land Use District change of one (1) parcel of land, having parcel identification number 00141810-000000, from Sparsely Settled (SS)to Suburban Residential (SR). N 3639 2 ' 3 MEMORANDUM 4 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 5 We strive to be caring,professional and fair 6 7 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 12 13 From: Devin Tolpin, AICP, CFM, Planning and Development Review Manager 14 15 Date: March 26, 2024 16 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 18 Monroe County Land Use District(Zoning) Map from Sparsely Settled (SS) to Suburban 19 Residential (SR), for property located at 1489 Boca Chica Road, Geiger Key, currently 20 having Parcel Identification Number 00141810-000000, as proposed by Robert L. 21 Beardslee (File 2023-193) 22 23 Meeting: April 17, 2024 24 25 I . REQUEST 26 27 On August 21,2023,the Planning and Environmental Resources Department received an application from 28 James Reynolds of Reynolds Engineering Services, Inc., on behalf of Robert Beardslee(the "Applicant") 29 to amend the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban 30 Residential (SR) for property located at 1489 Boca Chica Road, Geiger Key (the "Property"). 31 l,/ r Uif ii a /tl / (� s/-- 1, �, ��'J ti �i6�ri5 .� � �f i, � r „>!1l r rr / , �J/aI �1 / / 1 �dl rl� 'r° ,,,.��' „�1✓ f; r v ��/l%111/Il �, � r r / l ✓// !% / F�//ilk ��ll��J � r ,��r /�� ✓r arj l�j�r'i r��r i r it J it//il' /r",, �.kr %/ /r �f lr r�r l rrl i�% r ✓, / 1 � �/� li/'r%G ':�,r r✓�� „a ' � /� � i��,r �/.%r 9�"/i�� r/,(�l�!il/ ri// r !�;/ ;.A r/l' y/ i ///nlr yirrll /r/�'r /1 f/y//,� r/i �� '/ ,,;,r,; l�!�o�Jl ,�r/iy✓�/�;/� // r, '�/ ��,)l�f�r�9q�/�//�i ri r�m,r�,F yr,✓ (^''+er ;i� �r�, rri �/z r,,,/,�r,l;��i/�/%�/. r�r+�rr'•. ,r r(�,J, �,r, ri /'; ��f �f"`,r ��j�%/% i� �r�a I/ o �OJ�'� �� '�r' ///f%J��r,�� /., >r �rh✓,rri ��r J/'""';J 11� ��,� » / r/��j�� / r '� �� ✓ ��''��p�/{��,J� J/�J�.��I n ,Jr r rr ro Y„r�halo,,r '<o rl�r/, �ii r :/G�`" ,r,/J rrr /� � �� r /T, r r�/lips��r/r/ F '"`�,... % //Ar ✓,� � it r �� , �p7 r r /l/G✓r rr �; /l r�,r // r �//¢"F� �/ /pr r/�r��a/✓�»� r ,r �r; r ��y r r �74 !r r, r 1/Y. f,r�', ;�,' r' , , � � /��' i,f�✓/1 0/.�! it lii%i/ri/ r1�1/ll� �ruy 1 Y r r r r//, rr l/ ,�I � //rir ri, �i,JP t ti/r�/vl� f %�/ / ///r 0✓ r �� A/i r7r 32 J l / -All u �/ / 33 Existing Land Use(Zoning)District(SS) Proposed Land Use(Zoning)District(SR) BOCC SR 04.17.2024 Page 1 of 13 File 2023-193 3640 1 II. BACKGROUND INFORMATION 2 3 Site Information: 4 Location: MM 10, Geiger Key 5 Boundary: Affected parcel is outlined in black in the images above. 6 Parcel ID Number: 00141810-000000 7 Applicant: Robert L. Beardslee 8 Agent: Reynolds Engineering Services, Inc. 9 Size of Property: 6,000 SF (0.138 acres) according to boundary survey dated October 13, 2022,prepared 10 by J. Lynn O'Flynn, PSM, of J. Lynn O'Flynn, Inc. 11 FLUM Designations: Residential Low (RL) 12 Land Use District: Sparsely Settled(SS);proposing Suburban Residential (SR) 13 MIAL• Yes 14 Tier Designation: III (infill area) 15 Flood Zones: AE(EL 9) 16 CBRS: No 17 Existing Uses: Single Family Residence 18 Existing Vegetation/Habitat: Developed Land 19 Community Character of Immediate Vicinity: Surrounding land uses include residential, conservation, 20 mixed use 21 22 Community Meeting and Public Participation 23 In accordance with LDC Section 102-159(a), a community meeting was held on November 15, 2023, to 24 discuss the proposed Land Use District (Zoning) Map amendment and provide for public participation. 25 There were approximately seven (7) attendees. Comments from the Community Meeting included [but 26 were not limited to]: 27 0 General support of the proposed LUD Amendment 28 0 Concern over vacation rentals 29 30 Development Review Committee 31 The Monroe County Development Review Committee (DRC) considered the proposed amendment to the 32 LUD Map at a regularly scheduled meeting held on December 19, 2023, to provide for public 33 participation, comments, and recommendations. On December 21, 2023, the Chair of the DRC signed 34 Resolution No. DRC 24-23, recommending APPROVAL of the proposed amendment to the Land Use 35 District Map to the Planning Commission and Board of County Commissioners. 36 37 Planning Commission 38 The Monroe County Planning Commission (PC) considered the proposed amendment to the LUD Map at 39 a regularly scheduled hearing held on January 24, 2024, to provide for public participation, comments, 40 and recommendations. On January 24, 2024, the Chair of the PC signed Resolution No. P02-24, 41 recommending APPROVAL of the proposed amendment to the Land Use District Map to the Board of 42 County Commissioners. 43 44 45 BOCC SR 04.17.2024 Page 2 of 13 File 2023-193 3641 I Prior Relevant BOCC Action 2 On April 26, 1976, Monroe County Building Permit 4A213 was issued to construct a single family 3 residence on the Property. 4 5 The 1973-86 Zoning Maps indicate the Property was within the RU-1 �� -- ;4- - 6 Single Family Residential District. The 1973-86 zoning, RU-1 Single .4 ! °s i 3 `' 7 Family Residential District permitted residential uses per Section 19- �` 92 8 194 of the 1973-86 Monroe County Code, as depicted below. _15 This district is intended to 'provide residential areas consist- ing of lots having an area of at lit eight thousand (8,000) 16 � :square feet and including in said district, lots baving less .E__._ than eight thousand (8,000) square feet which were single � �___ � � !C4, family residential lots of record at the time of passage of this ordinance. Such substandard lots may be occupied by a single 9 family dwelling and its accessory building provided the mini- � `-3 /cam � c`� 4 mum setback provisions contained in subparagraph (g) of this 10 section, are conformed with, 11 12 The 1986 Pattison Zoning Maps indicate the Property was within the Sparsely Settled (SS) district. 13 14 1986 Pattison Zoning Map Property(highlight),SS District 15 16 The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Property was within 17 the Sparsely Settled(SS) district. These maps were most recently certified through BOCC Resolution No. 18 222-2007 in an administrative update to the Monroe County Land Use District Maps making the maps 19 available in digital form on June 20, 2007. ---- S�7 �'/ /./, �_'�" " • l3f:1 ices t� / - r r / 20 21 1988 Craig Zoning Map Properties(highlight),SS District BOCC SR 04.17.2024 Page 3 of 13 File 2023-193 3642 1 III. AMENDMENT REVIEW 2 3 The Property currently has a Land Use District(Zoning) designation of Sparsely Settled(SS) and a Future 4 Land Use Map (FLUM) designation of Residential Low (RL). 5 6 In the application materials, the Applicant states that the reason for the proposed amendment is: 7 "Existing conditions are non-compliant to Sparsely Settled (SS) (80% Min. Open Space- 4,800 sfi 8 requirement. The existing house alone makes the property non-conforming to open space (6,000 sf-1,725 9 sf 4,275 sf, 71.25%). Therefore the property owner is presented with a hardship that will not allow them 10 to do any improvements to their property. The property owner would like to add a swimmingpool to their 11 property but cannot due to the designation of Sparsely Settled. 12 The L UD Amendment would allow for a change in the Minimum Open Space Ratio from 0.80 in SS to 0.50 13 in SR which would allow the Applicant to build a swimming pool without changing the density or restricted 14 usage of his property. 15 16 The amendment would not change the allowable development because SS designated properties have an 17 allocated density of 0.5 units per acre, and SR designated properties have an allocated density of 0.5 units 18 per acre. " 19 20 The Applicant's full explanation and justification of the proposed amendment is included in the file for 21 the application (File 2023-193). 22 23 LUD Comparisons 24 Existing 25 LDC Section 130-49.-Purpose of the Sparsely Settled District(SS) 26 The purpose of the SS district is to establish areas of low-density residential development where the 27 predominant character is native or open space lands. 28 29 Proposed 30 LDC Section 130-47.-Purpose of the Suburban Residential District(SR) 31 The purpose of the SR district is to establish areas of low- to medium-density residential uses 32 characterized principally by single-family detached dwellings. This district is predominated by 33 development; however, natural and developed open space creates an environment defined by plants, 34 spaces and over-water views. 35 36 The Property is currently 37 developed with a single family 38 residence (detached dwelling) 39 with surrounding single family 40 residential properties in addition 41 to natural areas and open space. i 42 An aerial view of the property 43 and surrounding areas is pictured 44 to the right. 45 o� s BOCC SR 04.17.2024 File 2023-193 „�� .�- 3643 I Permitted and Conditional Uses 2 The table on the following page provides a comparison of the permitted and conditional uses of the 3 existing Zoning District as compared to the amended Zoning District. Those uses that differ in the 4 proposed SR zoning are in red. This table is for the purpose of providing a summary only. The full lists 5 of permitted and conditional uses within both the SS and SR Zoning Districts are included as Attachments 6 2 and 3 to this Report. 7 Relevant Permitted and Conditional Uses of SS Zoning and SR Zoning ref.LDC Sections 130-96&130-94 Zoning District As of Right Uses Minor Conditional Uses Major Conditional Uses SS (existing) Detached Dwellings Attached dwelling units Attached dwellings Beekeeping (4 or less) Agricultural uses Home-occupations Parks Accessory Uses Public buildings and uses Collocations on existing antennas Stealth wireless Satellite earth stations (as accessory) communication facilities Wastewater nutrient reduction (as accessory) cluster systems Satellite earth stations (as Public infrastructure and utilities accessory) SR(proposed) Detached Dwellings Attached dwelling units Attached dwellings Vacation rentall use(with permit) (4orless) lnsfiitutuionam llllses Parks (m°ue.11lum ing tennist courts Parks Agricultural uses and IlP)mmdks) Public buildings and uses Canmlllimgrounds & P: Beekeeping lnsfitutuionalll uses Parks Home-occupations Stealth wireless Accessory Uses communication facilities Collocations on existing antennas (as accessory) Satellite earth stations(accessory) Satellite earth stations(as Wastewater nutrient reduction accessory) cluster systems Public infrastructure and utilities 8 9 Maximum Density and Intensity by Land Use (Zoning)District 10 The table below provides a comparison of the development potential for residential, transient and 11 commercial development of the existing Zoning District as compared to the amended Zoning District. 12 13 Section 130-156(b) of the Land Development Code states: "The density and intensity provisions set out 14 in this section are intended to be applied cumulatively so that no development shall exceed the total density 15 limits of this article. For example, if a development includes both residential and commercial 16 development, the total gross amount of development shall not exceed the cumulated permitted intensity 17 of the parcel proposed for development." 18 Maximum Development Potential under SS Zoning District(Current) BOCC SR 04.17.2024 Page 5 of 13 File 2023-193 3644 Land Use Allocated Maximum Gross Open Buildable Development Density Net Density Upland Space Acre Potential Area of Ratio Site Market Rate OR 0.5 du/acre N/A 0.138 acre 0.80 N/A 1 lawfully Affordable [I lot] established Dwelling Units du* Transient Units 0 du/acre 0 du/acre N/A 0.80 N/A 0 du Nonresidential 0.20 FAR N/A N/A 0.80 N/A 1,200 sf Uses * Notwithstanding the provisions of sections 130-157 and 130-162, the owners of land upon which a lawfully established dwelling unit,mobile home, or transient unit exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully-established dwelling unit shall not be considered nonconforming as to density Maximum Development Potential under SR Zoning District(Proposed) Market Rate OR 0.5 du/acre 5.0 du/ acre 0.138 acre 0.50 0.068 acre 1 lawfully Affordable or l du/lot [I lot] [I lot] established Dwelling Units du* Transient Units 0 du/acre 0 du/acre N/A 0.50 N/A 0 du Nonresidential 0.25 FAR N/A N/A 0.50 N/A 1,500 sf Uses * Notwithstanding the previsions of sections 130-157 and 130-162, the owners of land upon which a lawfully established dwelling unit,mobile home, or transient unit exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully-established ' dwelling unit shall not be considered nonconforming as to density Residential Market Rate Allocated: no change Net Change in Development Max Net: no change Potential based on LUD Amendment from SS to SR Transient Allocated: no change Nonresidential: +300 sf 1 2 As shown in the orange portion of the table, the proposed LUD amendment would result in an increase of 3 300 square feet of nonresidential development potential for those limited uses permitted within the SR 4 Land Use District. There would be no change to allocated density, maximum net density, nor transient 5 density on the Property. 6 7 Any proposed new residential or nonresidential use would be subject to the requirements of Chapter 138 8 of the Land Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) 9 permit process. 10 Pursuant to Land Development Code Section 130-163, property owners whose land contains a 11 lawfully established dwelling unit that was in existence before January 4, 1996, are permitted to 12 replace the unit and it shall not be considered nonconforming to density. Therefore, regardless of BOCC SR 04.17.2024 Page 6 of 13 File 2023-193 3645 I the zoning district, the previously existing unit would be permitted to be replaced under either the 2 existing or proposed land use district. 3 4 According to the application materials submitted, the existing single family residence on the Property is 5 approximately 1,729 square feet. Although other structures are referenced and appear to be in existence 6 on the Property, Staff has only been able to locate building permit approval of the single family residence 7 and a 240 square foot seawall,resulting in what appears to be a permitted open space ratio of 0.67 or 67% 8 on the Property. The Property is lawfully nonconforming to the required 0.8 or 80% open space ratio of 9 the SS zoning district. Approval of the requested LUD Amendment would bring the Property into 10 compliance with the required open space ratio [of 0.5 or 50% in the SR Zoning]. 11 12 Compatibility with the Surrounding Area 13 a. Existing Vegetation/Habitat: Developed land 14 b. Existing Tier Designation: III 15 c. Number of Listed 16 Endangered or / ' 4. 17 Threatened Species: 18 none 19 d. Existing Use: single t' / r 20 family residence _,w„ter • � � �r ,� ,,,r ,r r �r 21 e. Community Character 22 of Immediate Vicinity: f 23 Surrounding land uses ��"�� `� � r��r �� ,�� 71717 24 include residential, ` r ,r 25 conservation mixed M, 26 use %�/2, / 27 28 29 It should be noted that there is µ 30 a property within the same 31 platted subdivision ` k \ Y 32 (approximately 770 feet away) _. 33 that is located within the y 34 Suburban Residential (SR) °, r 35 Land Use District. The Zoning 36 of this property was amended from SS to SR through BOCC Ordinance No. 017-2018. That property is 37 highlighted (irfl 1/)1ti ) in the image above, in addition to the Property that is the subject of this request to 38 amend the Zoning from SS to SR. 39 40 The proposed Zoning amendment is not anticipated to adversely impact the community character of 41 the surrounding area. 42 43 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN 44 AND THE MONROE COUNTY LAND DEVELOPMENT CODE 45 BOCC SR 04.17.2024 Page 7 of 13 File 2023-193 3646 I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 2 County Year 2030 Comprehensive Plan. Specifically: 3 4 Goal 101:Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County 5 residents and visitors, and protect valuable natural resources. 6 7 Objective 101.5 8 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of 9 the community and protect natural resources by providing for the compatible distribution of land uses consistent 10 with the designations shown on the Future Land Use Map. 11 12 Policy 101.5.2 13 The principal purpose of the Residential Low (RL) future land use category is to provide for low-density 14 residential development in partially developed areas with substantial native vegetation. Low intensity public 15 and low intensity institutional uses are also allowed. 16 17 Policy 101.5.25 18 Monroe County hereby adopts the following density and intensity standards for the future land use categories, 19 which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. 20 Future Land Use Densities and Intensities Residential(') Nonresidential Minimum Open Future Land Use Maximum Net Maximum Space Category And Allocated Density Corresponding (a) Density(a)(b) Intensity Ratio (`) Zoning (per upland acre) (per buildable (floor area acre) ratio) Residential Low 0.50 du 3 du(SR-L) 0.25 0.50 (RL) 5 du(SR) (SR, (SS, SR, and SR-L 0 rooms/spaces or SR-L) zoning) 1 du/lot(SR)(-) 0.80 N/A (SS) (SS) N/A Notes: (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A"means that 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. BOCC SR 04.17.2024 Page 8 of 13 File 2023-193 3647 (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. (1) 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. 1 2 Policy 101.5.26 3 In order to continue to implement the Florida Keys Carrying Capacity Study,Monroe County shall promote the 4 reduction in overall County residential density and the preservation of Monroe County's native habitat by 5 enacting legislation which implements the following policy statements for private applications for future land 6 use map amendments which increase allowable residential allocated density.Private application(s)means those 7 applications from private entities with ownership of the upland development and parcel(s) of land or includes 8 private upland development on County-owned land. 9 10 ... 11 12 Policy 101.5.29 13 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established 14 residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully 15 established unit. Such lawfully-established dwelling unit(s) shall not be considered as nonconforming as to the 16 density provisions of Policy 101.5.25 and the Monroe County Code. 17 18 Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and shall 19 encourage conservation and protection of environmentally sensitive lands (wetlands,beach berm and tropical 20 hardwood hammock). 21 BOCC SR 04.17.2024 Page 9 of 13 File 2023-193 3648 I Policy 105.2.1 2 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef 3 planned development, into three general categories for purposes of its Land Acquisition Program and smart 4 growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area 5 (Tier 1); Transition and Sprawl Reduction Area(Tier II) on Big Pine Key and No Name Key only; and Infill 6 Area(Tier III). The purposes,general characteristics,and growth management approaches associated with each 7 tier are as follows: 8 9 10 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not 11 characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated 12 fragments of environmentally sensitive lands of less than four acres in area, where existing platted 13 subdivisions are substantially developed,served by complete infrastructure facilities,and within close 14 proximity to established commercial areas, or where a concentration of nonresidential uses exists,is 15 to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, 16 except within tropical hardwood hammock or pineland patches of an acre or more in area, where 17 development is to be discouraged. Within an Infill Area are typically found:platted subdivisions with 18 50 percent or more developed lots situated in areas with few sensitive environmental features; full 19 range of available public infrastructure in terms of paved roads, potable water, and electricity; and 20 concentrations of commercial and other nonresidential uses within close proximity. In some Infill 21 Areas, a mix of nonresidential and high-density residential uses (generally 8 units or more per acre) 22 may also be found that form a Community Center. 23 24 Policy 105.2.2 25 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the Tiers 26 in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning 27 map(s)with supporting text amendments in the Land Development Regulations. These maps are to be used to 28 guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable 29 CommuniKeys Program (Policy 101.19.1). 30 31 108.2 32 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of 33 compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. 34 (Ord.No. 012-2012, DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 35 36 Policy 108.2.2 37 Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use 38 Map,on the effective date of this policy,for properties located within the MIAI overlay shall be recognized and 39 allowed to develop to the maximum development potential pursuant to the standards existing on the effective 40 date of this policy. (Ord.No. 012-2012, DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) 41 42 Policy 108.2.3 43 Monroe County and Naval Air Station Key West(NASKW)recognize the existing density and intensity, as of 44 the effective date of this policy, established by the Future Land Use Element and Future Land Use Map for 45 property adjacent to or closely proximate to NASKW. NASKW has indicated that it will not object to the 46 issuance of development orders, within the MIAI, if properties have development rights on Future Land Use 47 Map, Land Use District(Zoning) Map, approved development agreements or Section 380.032,F.S.agreements 48 with the State Land Planning Agency. NASKW may provide comments and suggest measures to mitigate 49 potential impacts. (Ord.No. 012-2012, DEO 12-IACSC-NOI-4401-(A)—(I), eff. 7-19-2012) BOCC SR 04.17.2024 Page 10 of 13 File 2023-193 3649 1 2 B. The proposed amendment is consistent with the provisions and intent of the Monroe County 3 Code Land Development Code. 4 5 In accordance with Monroe County Land Development Code Section 102-158(d)(7)b., the BOCC may 6 consider the adoption of an ordinance enacting the proposed map and text amendments to this Land 7 Development Code based on one or more of the following factors: 8 9 1. Changed projections (e.g., regarding public service needs)from those on which the text ofboundary 10 was based; 11 12 Per the Applicant: 13 14 There are no changed projections. 15 16 2. Changed assumptions (e.g., regarding demographic trends); 17 18 Per the Applicant: 19 20 There are no changed assumptions. 21 22 3. Data errors, including errors in mapping, vegetative types and natural features which contributed 23 to the application of the existing text or boundary; 24 25 Per the Applicant: 26 Data errors, Including errors In mapping, vegetative types and natural features Re'spon e): The purpose of parselly Settled(SS) is to establish areas o�f'iowv-density mesidentiali deveiopa feint where the predom4rant character is native or open iaands,The designation land use of SS was a diata error because the property was developed in 1976 and the The purpose of Suburban Residential(SR,) is to estabhsh low.-to medium-+ntensuty residential uses chairac.teriaed primacipalll by single-family detached dwellings which its more appropriate for the property,giverw the location and characteristics,of the neighborhood in which the piro{ erty is located.Therefore,SR is more appropriate as opposed to SS for the development of the property that existed)at the time the land use 27 Wraps were adopted. 28 29 4. New issues; 30 31 Per the Applicant: 32 New issues,(Response): The new issue is preventing the owner from developing,anything new on the property because of the avedy restrictive open'space requirement for 1"he house Ihas deeri in existence for decaides and Was bu.ault pre-code The property should be designated as Eft instead of SS to allow construction'of resin enttai 33 accessory uses such as,a swv mrnirig faoo1.. 34 BOCC SR 04.17.2024 Page 11 of 13 File 2023-193 3650 I The proposed land use district of SR would allow the Property to be brought into compliance with 2 open space regulations without necessitating the removal of previously lawfully existing structures. 3 Although the proposed amendment would not bring the Property into compliance with the density 4 standards of LDC Section 130-157,pursuantto Section 130-163,property owners whose land contains 5 a lawfully established dwelling unit that was in existence before January 4, 1996, are permitted to 6 replace the unit and it shall not be considered nonconforming to density. The proposed amendment 7 would not increase the development potential on the parcel beyond the existing market-rate single- 8 family dwelling unit. 9 10 S. Recognition of a need for additional detail or comprehensiveness; or 11 12 Per the Applicant: N/A 13 14 6. Data updates. 15 16 Per the Applicant: N/A 17 18 In accordance with LDC Section 102-158(d)(7)d., in no event shall an amendment be approved which will 19 result in an adverse change in community character to the sub-area which a proposed amendment affects 20 or to any area in accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC. 21 22 Per the Applicant: 23 There Is no tivaWe Com r°ourniKeys, Master Han for Ne Coppftt/Geiger, o reed however the fN°rr^ ttt amendment wiH not resruh urr airr adverse cornmunity ch rige irr the pW,in ngarea or sujrrourldill CorfiroW nJt , the property Is used for residential purposes and with remairi resideiiitfak The proposed amendrPent w0l allow for ve rrrerut of a residential accessory structure(swlrrrrnin tool), 24 25 26 The principal use of the Property will remain residential and is not anticipated to result in an adverse 27 change to the community character. 28 29 30 V. RECOMMENDATION 31 32 Staff recommends APPROVAL of the proposed Land Use District(Zoning) Map from Sparsely Settled 33 (SS)to Suburban Residential (SR). 34 35 36 VI.EXHIBITS 37 38 1. 11"X 17" Map Series LUD Amendment 39 2. Permitted and Conditional Uses in SR (LDC Section 130-94) 40 3. Permitted and Conditional Uses in SS (LDC Section 130-96) 41 4. DRC Resolution No. 24-23 BOCC SR 04.17.2024 Page 12 of 13 File 2023-193 3651 1 5. PC Resolution No. P 02-24 BOCC SR 04.17.2024 Page 13 of 13 File 2023-193 3652 M c //�'�ri�✓ /o� 'o /ll/ r `uy� rr V r 1JJ t '%r r i�� heir✓r I /ll) lr ��1!l F s r r Sri �'. G r NY��/ ,..JIJ l��r!ll�m�' Pr/ i r/ r i� r /�„��rlr�f�Ur��!r/��fr ��r// i � r fq � ii;• /. e lJ>t �r rr�� % �dl% IUI�N6 II', i!�� uj _ gp- / o � /,� "n, aU /!I r '� � Q 0 a v 0 .� � (9� fr��m�/(/p/,r r ''"�h� � r �r N i�%XIr �ij✓ll/ 1r � � �� _> >! o o ina E g 00®000io® o oo 2 a u a I / v C j o.S c0 U r%`✓l/G„ i�ur �t/r rr yl r/l ij� ��/y,, ° aa) a Li r E m o N Q d d Ned J f/mfQr 1 % i 4i fyn%�!////,r r�,/ ,eik' r I � r r r ��i r1 �U,.r a,Y / ✓ ?mri r Ir ✓r � u riPORIT ID / fJ r� i rly�� )�%�/✓� r i Jl 11frll� �J y �i, ,G� 1JEM rr / i r ii� i/ dip O r l �� ,,' ,, �1�r r J%/ /l�l/lr /ly ,... i lrrr%�lr/%r'i�%/r, f/i r//r % /✓�///!/�i / .:.r /,� /r��/rG"�� /i u 1 / r �lr/ // jJ�/�,�✓ /;�fir/�I � i r /f, % r,G��/� v{ %/ i „ ��/�i��A��ri �✓r/ / rs ��,��r��iir✓'/1,r, �r1� rri�ilir,rgr� <:f {� r � {r, , ll/ '�a�r��o�rr% d/ %Jf9V✓;�rJ'!r ��/ '� -rr/ar I �/r "' ,�; , / Il , r r Sri%o>`�✓i//,i, r r >, ///%/, � j 1 ,�1//r% ,' n, l�Jli / / /�-��ri// 't �f!J;1ir�,,, >✓ 1 r/;, �/ i rG� ri; ,� � l/iy,,;, l l ��/rzi r(' / 1�%/, , 1p %, Ulf'' "�Ig✓rq r, i r�/�,,,!a /r f J �jl i r�i{�r� 1 r%P r,�l�/� rm r„ �� '� AM, rr Jvfr; fa p!j t' /i r /%1l/r d>ry/�/ l �% r� /r / %�l /gyp � ✓�/ w, � ,/ r/rr /! r r +�Jr r e0/ i1// r / rn IG, „�i ,rr✓rrf, / !:,f , /% rjr ,`- 10/24/23, 10:20 AM Monroe County, FL Land Development Code Sec. 130-94. -Suburban Residential District(SR). (a) The following uses are permitted as of right in the suburban residential district: (1) Detached dwellings; (2) Parks, excluding tennis courts and swimming pools; (3) Beekeeping; (4) Home occupations—Special use permit required; (5) Accessory uses; (6) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134-1; (7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); (8) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); (9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); (10) Wastewater nutrient reduction cluster systems that serve less than ten residences; and (11) Public infrastructure and utilities, provided that: a. The parcel(s) proposed for development shall be separated from any established residential use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required on all property lines adjacent to an established residential principal use to screen the use from view. b. A solid fence may be required upon determination by the Planning Director. (b) The following uses are permitted as minor conditional uses in the suburban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwelling units, provided that: a. The total number of units does not exceed four per building; b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and c. The parcel proposed for development is separated from any established detached residential use by a class C bufferyard; (2) Parks, including community tennis courts and swimming pools, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and C. 3654 about:blank 10/24/23, 10:20 AM Monroe County, FL Land Development Code All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Public buildings and uses, provided that: a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Institutional uses, provided that: a. The parcel proposed for development is separated from any established residential uses by a class C bufferyard; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (5) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and (6) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f). (c) The following uses are permitted as major conditional uses in the suburban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; (2) Institutional residential uses, provided that: a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. Access to U.S. 1 is by way of: 3655 about:blank — 10/24/23, 10:20 AM Monroe County, FL Land Development Code 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Agricultural uses, provided that: a. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and b. All outside storage areas are screened from adjacent uses by solid fence, wall or hedge at least six feet in height; (4) Campgrounds and recreational vehicle parks, provided that: a. The parcel proposed for development has an area of at least five acres; b. If the use involves the sale of goods and services, other than the rental of camping sites, such use does not exceed 1,000 square feet and is designed to serve the needs of the campground; and c. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard; (d) The following lawfully established nonresidential and transient uses in the suburban residential land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDRs, Section 9-206) and lawfully existed on such lands on January 4, 1996,which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III. (1) Commercial retail, office, or any combination thereof, of low and medium intensity, and of less than 2,500 square feet of floor area, provided that: a. The parcel of land on which the commercial retail use is to be located abuts the right-of- way of U.S. 1, or a dedicated right-of-way to serve as a frontage road for U.S. 1; b. The commercial retail use does not involve the sale of petroleum products; c. The commercial retail use does not involve the outside storage or display of goods or merchandise with the exception that outside sales and display for nurseries may be permitted with the stipulation that required open space and required bufferyards may not be used for display and sales; d. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-of-way by a class C bufferyard; e. 3656 about:blank ..,.. 10/24/23, 10:20 AM Monroe County, FL Land Development Code The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; f. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-way for U.S. 1; and g. The use is limited in intensity,floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more restrictive; (2) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four(4)feet below mean sea level at mean low tide; b. The use does not involve the sale of goods and services other than private clubs, sport fishing charters, boat dockage and storage; c. All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; d. Vessels docked or stored shall not be used for live-aboard purposes; e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six(6)feet in height; f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and g. The use is limited in intensity,floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDR's for this district, whichever is more restrictive. (3) Hotels of fewer than 12 rooms, provided that: a. The parcel proposed for development has an area of at least two acres; b. All signage is limited to that permitted for a residential use; c. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and d. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; and e. The use is limited in intensity,floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDR's for this district, whichever is more 3657 about:blank 10/24/23, 10:20 AM Monroe County, FL Land Development Code restrictive. ( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 , § 1, 2-19-2020, eff. 6-4-2020) 3658 about:blank ..,.. 10/24/23, 10:20 AM Monroe County, FL Land Development Code Sec. 130-96. -Sparsely Settled Residential District(SS). (a) The following uses are permitted as of right in the sparsely settled residential district: (1) Detached dwellings; (2) Beekeeping; (3) Home occupations—Special use permit required; (4) Accessory uses; (5) Tourist housing uses, including vacation rental uses are prohibited; (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); (8) Wastewater nutrient reduction cluster systems that serve less than ten residences; and (9) Public infrastructure and utilities, provided that: a. The parcel(s) proposed for development shall be separated from any established residential use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required on all property lines adjacent to an established residential principal use to screen the use from view. b. A solid fence may be required upon determination by the Planning Director. (b) The following uses are permitted as minor conditional uses in the sparsely settled residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwelling units, provided that: a. The total number of units does not exceed four(4); and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) Parks, including community tennis courts and swimming pools, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Public buildings and uses, provided that: a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. 3659 about:blank 10/24/23, 10:20 AM Monroe County, FL Land Development Code The parcel of land proposed for development is at least two acres; (4) Parks, excluding tennis courts and swimming pools; (5) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and (6) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f). (c) The following uses are permitted as major conditional uses in the sparsely settled residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and (2) Agricultural uses, provided that: a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; b. The parcel proposed for development is separated from any established residential uses by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (d) The following lawfully established nonresidential uses in the Sparsely Settled land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDRs, Section 9-208) and lawfully existed on such lands on January 4, 1996,which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four(4)feet below mean sea level at mean low tide; b. The use does not involve the sale of goods or services other than sport fishing charters, boat dockage and storage; c. All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; 3660 about:blank — 10/24/23, 10:20 AM Monroe County, FL Land Development Code d. Vessels docked or stored shall not be used for live-aboard purposes; e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six(6)feet in height; f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and g. The use is limited in intensity,floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more restrictive; (2) Solid waste facility, provided that: a. The parcel of land is at least 40 upland acres; b. All landfill activity occurs no closer than 150 feet to any property line and at least a class F buffer is provided within this setback; c. No fill shall exceed 35 feet in height from the original grade of the property; d. Such operations fully comply with F.S. Section 403.702 et seq.; e. A future reclamation plan for the landfill site is presented; f. The incinerator is located so that its operations do not adversely affect surrounding properties; g. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and h. The use is limited in intensity,floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the pre-1996 LDRs for this district, whichever is more restrictive. ( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020 , § 1, 2-19-2020, eff. 6-4-2020) 3661 about:blank 1 2 3 MONROE, COUNTY, FLORIDA 4 DEVELOPMENT REVIEW COMMITTEE 5 RESOLUTION NO. DRC 24-23 6 7 A RESOLUTION BY THE DEVELOPMENT REVIEW 8 COMMITTEE RECOMMENDING APPROVAL OF AN 9 ORDINANCE BY THE MONROJE: COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING THE MONROE COUNTY I,AND I I USE,DISTRICT (ZONING)MAP FROM SPARSELY SETTLED (SS) 1.2 TO SUBURBAN RESIDENTIAL (SR) FOR PROPERTY LOCATED 13 AT 1.489 BOCA CHICA ROAD, GEIGh;R KEY, APPROXIMATE., 14 MILE MARKER 1.0, HAVING PARCEL IDENTIFICATION 15 NUMBER 0014181.0-000000; AS PROPOSED BY ROBERT L. 16 BEARDSLEF,; PROVIDING FOR SEVERABILITY; PROVIDING 17 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING 18 FOR TRANSMITTAL TO THE STATE LAND PLANNING 19 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 20 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; 21 PROVIDING FOR AN EFFECTIVE DATE, (FILE, 2023-1.93) 22 23 24 25 WHEREAS, on August 21, 2023, the Planning and Environmental Resources Department 26 received an application from Jarnes Reynolds of Reynolds Engineering Services, Inc., on behalf 27 of Robert L.Beardslee(the"Applicant"),to amend the Monroe County Land Use District (lowing) 28 Mal) frorn Sparsely Settled (SS) to Suburban Residential (SR) for property located at 1489 Boca 29 Chica Road in Geiger Rey (the "Property"); and 30 31 ''WHERF,AS, the Monroe County Development Review Committee (DRC) considered the 32 proposed map amendment at a regularly scheduled meeting held on the 19"' day of December 33 2023; and 34 35 WHEREAS, the Memorandum dated December 8, 2023, completed by Devin Tolpin, 36 AICP, CFM, Principal Planner, recommends approval of the proposed Land Use District Map 37 amendment; and. 38 39 WHEREAS, based upon the information and documentation submitted, the Development. 40 Review Committee Chair found: 41 1. The proposed LLJD amendment is not anticipated to adversely impact the community 42 character of the surrounding area; Resolution No. DRC 24-23 File 2023-193 Page I of 2 3662 1 2. The proposed LUD amendment is not anticipated to adversely impact the 2 Comprehensive Plan adopted Level of Service (LOS); 3 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies 4 of the Monroe County Year 2030 Comprehensive Plan; 5 4. The proposed LUD amendment is consistent with the Principles for Guiding 6 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); 7 and 9 5. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida 9 Statutes (F.S.). 10 I I NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW 12 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff 13 report and discussed at the December 19, 2023 meeting Supports the Chair's decision to 14 recommend approval to the PlanningCqrm-nission and Board of County Commissioners. 15 > .......... 16 17 Emily Schernper, AICP, CFM is Senior Director of Planning & Environmental Resources 19 20 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid 21 and in the County aforesaid, to take acknowledgments, personally appeared Emily Schernper, to 22 me known to be the person described in and who executed the foregoing instrument and she 23 acknowledged before me the she executed the same. 24 25 WITNESS my hand and official seal in the County and State last aforesaid this day of 26 2021 27 bt� 28 NOTARYPUBI-*, STATE OF FLORIDA �,k.il, ILZE AGUILA Notary Public-state of Florida Commission#HH 0307:16 02 orr"I Expires Oct 31,2024 My comm, Bonded through Ngionat Notary Assn ReSOILItion No. DRC 24-23 File 2023-193 Pag.,e 2 of 3663 2 3 MONROE COUNTY, FLORIDA 4 MONROE COUNTY PLANNING COMMISSION RESOLUTION NO. P02-24 5 6 A RESOLUTION BY THE MONROE COUNTY PLANNING 7 COMMISSION RECOMMENDING APPROVAL OF AN s ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 9 COMMISSIONERS AMENDING THE MONROE COUNTY LAND 10 USE DISTRICT (ZONING)MAP FROM SPARSELY SETTLED (SS) I I TO SUBURBAN RESIDENTIAL (SR) FOR PROPERTY LOCATED 12 AT 1489 BOCA CHICA ROAD, GEIGrER DEFY, APPROXIMATE 13 MILE MARKER 10, HAVING PARCEL IDENTIFICATION 14 NUMBER 00141810-000000; AS PROPOSED BY ROBERT L. 15 BEARDSLEE; PROVIDING FOR SEVERABILITY; PROVIDING 16 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING 17 FOR TRANSMITTAL TO THE STATE LAND' PLANNING 18 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 1 9 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; 20 PROVIDING FOR AN EFFECTIVE DATE (FILE 2023-1.93) 21 22 23 24 WHEREAS, on August 21, 2023, the Planning and :Environmental Resources Department 25 received an application from James Reynolds of Reynolds Engineering Services, Inc., on behalf 26 of Robert L. Beardslee(the"Applicant"),to amend the Monroe County Land Use District(Zoning) 27 Map from Sparsely Settled (SS) to Suburban Residential (SR) for property located at 1489 Boca 28 Ch.ica Road in. Geiger Key (the "Property"); and 29 30 WHEREAS,on November 1.5,2023,the Applicant held a community meeting,as required 31 by Monroe County Land Development Code ("LDC" or "Code") Section 102-155(a) to discuss 32 the proposed Land Use District Map amendment, and provide for public participation; and 33 34 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 35 the proposed map amendment at a regularly scheduled meeting held on. December 1.9, 2023; and 36 37 WHEREAS, on December 21, 2023, the Chair of the DRC signed Resolution No. DRC 38 DRC 24-23, recommending APPROVAL of the proposed amendment to the Land Use District 39 Map to the Planning Commission and :Board of County Commissioners; and 40 3664 I WHEREAS,the Memorandum dated December 22, 2023 completed by Principal Planner 2 Devin Tolpin, A.I.C.P., C.F.M., recommends approval of the proposed Land Use District Map 3 amendment; and 4 5 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 6 public hearing on the 241h day of January, 2024, for review and recommendation of the proposed 7 Land Use District Map amendment; and 8 WHEREAS, based upon the information and documentation submitted, the Planning 9 Commission found: 10 1. The proposed LUD amendment is not anticipated to adversely impact the community 11 character of the surrounding area; 12 2. The proposed LUD amendment is not anticipated to adversely impact the 13 Comprehensive Plan adopted Level of Service (LOS); 14 3. The proposed LUD amendment is consistent with the Goals, Objectives and Policies 15 of the Monroe County Year 2030 Comprehensive Plan; 16 4. The proposed LUD amendment is consistent with the Principles for Guiding 17 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); I8 and 19 5. The proposed LUD amendment is consistent with Part II of Chapter 163, Florida 20 Statutes (F.S.). 21 22 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 23 MONROE COUNTY, FLORIDA: 24 25 Section I. Recitals.The foregoing recitals, findings of fact, and conclusions of law are 26 true and correct and are hereby incorporated as if fully set forth herein, and the record of this 27 proceeding is hereby incorporated as if fully stated herein. 28 29 Section 2. The Monroe County Planning Commission has duly considered the entirety 30 of the record before it. 31 32 Section 3. The Monroe County Planning Commission concurs with the detailed 33 recommendation(s), findings and conclusions of fact and law of the Monroe County Planning and 34 Environmental Resources Department's professional staff, including but not limited to the 35 testimonial and documentary findings and conclusions of fact and law of the Department's 36 testifying professional staff and the Department's professional staff report, and adopts these as 37 additional findings of fact and conclusions of law of the Planning Commission's own. 38 39 Section 4. Following considered review of the full record before it, based upon 40 competent substantial evidence in the record, more particularly referenced above in the foregoing 41 prefatory and operative recitals, prefatory and operative findings of fact, and prefatory and 42 operative conclusions of law, all detailing said evidence, the Monroe County Planning 43 Commission hereby recommends APPROVAL of the proposed Land Use District Map 44 Amendment to the Monroe County Board of County Commissioners. 45 3665 I Section 5. Construction and Interpretation. This Resolution and its interpretation 2 shall be liberally construed in favor of the Monroe County Planning Commission and Monroe 3 County Board of County Commissioners ("BOCC") and such interpretation shall be entitled to 4 great weight in adversarial administrative proceedings, at trial, on appeal, and in any/all 5 bankruptcy proceedings. The interpretation of Monroe County Comprehensive Plan provision(s), 6 Florida Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose 7 interpretation arises out of, relates to, or is interpreted in connection with this Resolution shall be 9 liberally construed and enforced in favor of the Monroe County Planning Commission and BOCC, 9 and such interpretation shall be entitled to great weight in adversarial administrative proceedings, 10 at trial, on appeal, and in bankruptcy proceedings. 1.1 12 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, 13 where used herein, are inserted for convenience only and are not intended to descriptively limit 14 the scope and intent of the particular paragraph or text to which they refer. 15 16 17 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, t8 Florida, at a regular meeting held on the 24th day of January, 2024. 19 20 Joe Scaipelli, Chair YES 21 Ron Demes, Vice Chair YES 22 George Neugent, Comn-ussioner YES 23 Rosemary Thomas, Commissioner YES 24 David Ritz, Commissioner YES 25 26 PLANNING 'SION 101 F MONROE COUNTY, FLORIDA S 27 28 By: v 29 Monroe COMM4Couty PMnnineCommission Chair Joe Scarpelli 30 ' 31 Signed this day of 11, c 2024 32 UE AGUILA 33 Notary Pubk-State of F�orida 34 Commission HH 030716 My Comm.Expires Oct 31,2024 Banded through Nationat Notary Assn, 35 RM U 36 NOTARY PUBL , STATE OF FLORIDA 37 38 Monroe County Planning Commission Counsel 39 Approved As To Form 40 41 FILED WITH THE 42 Patrick Stevens, Esq. 43 44 Date: 45 J 2 AN 2 4 024 AGENCY CLERK 3666 3 i f � 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2024 10 11 AN ORDINANCE APPROVING AMENDMENT OF THE 12 MONROE COUNTY LAND USE DISTRICT ("LUD") MAP FROM 13 SPARSELY SETTLED ("SS") TO SUBURBAN RESIDENTIAL 14 ("SR") FOR PROPERTY LOCATED AT 1489 BOCA CHICA 15 ROAD, GEIGER KEY, APPROXIMATE MILE MARKER 10, 16 CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 17 00141810-000000; AS PROPOSED BY ROBERT L. BEARDSLEE; 18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 19 OF CONFLICTING PROVISIONS; PROVIDING FOR 20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 21 AND THE SECRETARY OF STATE; PROVIDING FOR 22 AMENDMENT TO THE LAND USE DISTRICT MAP; 23 PROVIDING FOR AN EFFECTIVE DATE. 24 25 26 WHEREAS, on August 21, 2023, the Monroe County Planning and Environmental 27 Resources Department ("Department") received an application from James Reynolds of 28 Reynolds Engineering Services, Inc., on behalf of Robert L. Beardslee ("Applicant"), requesting 29 an amendment of the Monroe County Land Use District ("LUD") Map from Sparsely Settled 30 ("SS") to Suburban Residential ("SR") for property located at 1489 Boca Chica Road' in Geiger 31 Key ("subject property" or the "property"); and 32 33 WHEREAS, on November 15, 2023, the Applicant held a community meeting, as 34 required by Monroe County Land Development Code ("LDC" or "Code") Section 102-158(a) to 35 discuss the proposed LUD Map amendment, and provide for public participation; and 36 37 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 38 the proposed map amendment at a regularly scheduled meeting held on December 19, 2023; and 39 40 WHEREAS, on December 21, 2023, the Chair of the DRC signed Resolution No. DRC 41 DRC 24-23, recommending APPROVAL of the proposed amendment to the Land Use District 42 Map to the Monroe County Planning Commission and Monroe County Board of County 43 Commissioners; and ' Currently having Property Identification No. 00141810-000000. 3667 I WHEREAS, at a regularly scheduled meeting held on January 24, 2024, the Monroe 2 County Planning Commission held a public hearing for the purpose of considering the subject 3 proposed amendment to the Land Use District Map in relation to the subject property and 4 provided for public comment; and 5 6 WHEREAS, the Monroe County Planning Commission ("PC") approved PC Resolution 7 No. P02-24 recommending APPROVAL of the proposed amendment to the Land Use District 8 Map to the Board of County Commissioners; and 9 10 WHEREAS, at a regularly scheduled meeting held on April 17, 2024, the Monroe 11 County Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a 12 duly noticed public hearing, considered the Monroe County Planning and Environmental 13 Resources Department's professional staff report and recommendation, and provided for public 14 comment and public participation in accordance with the requirements of state law and the 15 procedures adopted for public participation in the planning process; and 16 WHEREAS, based upon the documentation submitted and information provided, 17 including but not limited to the documentation and information furnished in the Monroe County 18 Planning and Environmental Resources Department's professional staff report, the BOCC hereby 19 enters the following findings of fact: 20 21 1. The proposed LUD amendment is not anticipated to adversely impact the community 22 character of the surrounding area; 23 a. As required by Monroe County Land Development Code Section 102-158, the map 24 amendment does not relieve particular hardships, nor confer special privileges or 25 rights on any person, nor permit an adverse change in community character, as 26 analyzed in the Monroe County Year 2030 Comprehensive Plan; 27 b. As required by Monroe County Land Development Code Section 102-158(d)(7)b., 28 the map amendment is needed due to new issues and data errors, including errors 29 in mapping, vegetative types and natural features which contributed to the 30 application of the existing text or boundary; and 31 2. The proposed LUD amendment is consistent with the Goals, Objectives and Policies 32 of the Monroe County Year 2030 Comprehensive Plan; 33 3. The proposed LUD amendment is consistent with the Principles for Guiding 34 Development for the Florida Keys Area, Section 380.0552(7), Florida Statute (F.S.); 35 and 36 4. The proposed LUD amendment is consistent with Part 11 of Chapter 163, Florida 37 Statutes. 38 39 WHEREAS, based upon the documentation submitted and information provided in the 40 accompanying Monroe County Planning and Environmental Resources Department professional 41 staff report, the BOCC makes the following additional findings of fact: 42 43 1. Prior to the 1986 adoption of the County's current land development regulations and 44 their associated land use district maps, the Property was within the RU-1 district 45 (single-family residential) zoning district; and 2of5 3668 1 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted 2 for all areas of the unincorporated county, and the Property was given the zoning 3 designation of Sparsely Settles ("SS"); and 4 3. The proposed map amendment is consistent with the provisions of the Monroe 5 County Code: 6 a. As required by Monroe County Land Development Code Section 102-158, the 7 map amendment does not relieve particular hardships, nor confer special 8 privileges or rights on any person, nor permit an adverse change in 9 community character, as analyzed in the Monroe County Year 2030 10 Comprehensive Plan; 11 b. As required by Monroe County Land Development Code Section 102- 12 158(d)(7)(b.), the map amendment is needed due to new issues which arose 13 after the application of the existing boundary; and 14 4. The proposed map amendment is consistent with the provisions and intent of the 15 Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan" or"CP"): 16 a. The Suburban Residential ("SR") Land Use District ("LUD") with the 17 existing Residential Low ("RL") Future Land Use Map ("FLUM") 18 designation is consistent with the respective density and intensity standards as 19 set forth in Comprehensive Plan Policy 101.5.25; 20 b. The Suburban Residential ("SR") LUD corresponds with the existing 21 Residential Low ("RL") FLUM designation, as set forth in CP Policy 101.5.2; 22 5. The proposed map amendment is consistent with the Principles for Guiding 23 Development in the Florida Keys Area of Critical State Concern; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 26 OF COUNTY COMMISSIONERS: 27 28 Section 1. Title, Recitals, Purpose, and Intent. The foregoing title, recitals, findings of 29 fact, and conclusions of law are true and correct and are hereby incorporated as if 30 fully set forth herein. 31 32 Section 2. The Monroe County Board of County Commissioners ("BOCC") accepts all of 33 the analysis, findings of fact, conclusions of law, and recommendation(s) in the 34 March 26, 2024-dated Monroe County Planning and Environmental Resources 35 Department professional staff report accompanying this BOCC agenda item, 36 prepared by Department Planning and Development Review Manager Devin 37 Tolpin, A.LC.P., C.F.M., jointly with Department Senior Director Emily 38 Schemper, and hereby accepts and incorporates by reference that Department 39 professional staff report and its analysis, findings of fact, conclusions of law, and 40 recommendation(s), as the BOCC's own, as if fully set forth herein. 41 42 Section 3. The Monroe County Land Use District ("LUD") map is hereby amended as 43 follows: 44 3of5 3669 I The subject property currently bearing an address of 1489 Boca Chica 2 Road, Geiger Key, is changed from Sparsely Settled ("SS") to Suburban 3 Residential ("SR") as shown on Exhibit 1, attached hereto and 4 incorporated herein. 5 6 Section 4. Construction and Interpretation. The interpretation of this Ordinance, and all 7 provisions of the Monroe County Codes, Comprehensive Plan, floodplain 8 management regulations, Florida Statutes, and Florida Building Code whose 9 interpretation arises out of, relates to, or is interpreted in connection with this 10 Ordinance, shall be liberally construed in favor of Monroe County, and such 11 interpretations shall be entitled to great weight in adversarial administrative 12 proceedings, at trial, and on appeal. 13 14 Section 5. No Liability. Monroe County expressly reserves in no way shall be deemed to 15 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 16 governmental, and any other similar defense, immunity, exemption, or protection 17 against any suit, cause-of-action, demand, or liability. 18 19 Section 6. Severability. If any provision of this ordinance, or any part or portion thereof, is 20 held to be invalid or unenforceable by any administrative hearing officer or court 21 of competent jurisdiction, the invalidity or unenforceability of such provision, or 22 any part or portion thereof, shall neither limit nor impair the operation, 23 enforceability, or validity of any other provision of this ordinance, or any 24 remaining part(s) or portion(s)thereof. All other provision of this ordinance, and 25 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and 26 effect. 27 28 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance 29 are hereby repealed to the extent of said conflict. The repeal of an ordinance 30 herein shall not repeal the repealing clause of such ordinance or revive any 31 ordinance which has ben repealed thereby. 32 33 Section 8. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 34 Secretary of the State of Florida and shall become effective as provided by law. 35 36 Section 9. Inclusion on the Monroe County Code's Official Land Use District May. The 37 provisions of this Ordinance shall be included and incorporated on to the Official 38 Land Use District Map of Monroe County. 39 40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 41 Florida, at a regular meeting held on the 171h day of April, 2024_ 42 43 Mayor Holly Merrill Raschein 44 Mayor Pro Tem James Scholl 45 Commissioner Craig Cates 2 Currently having Property Identification No. 00141810-000000. 4of5 3670 I Commissioner Michelle Lincoln 2 Commissioner David Rice 3 4 BOARD OF COUNTY COMMISSIONERS 5 OF MONROE COUNTY, FLORIDA 6 7 By: 8 MAYOR HOLLY MERRILL RASCHEIN 9 10 SEAL MONAOE COU44TY ATTORNEY 4/2/24. 12 ATTEST: KEVIN MADOK, CLERK 13 14 15 AS DEPUTY CLERK 5of5 3671 rF r,�� / r l/�la//�✓� �i;�� r'�%fib/ r/ ^( a,„ „r,p P ' � r r ^ o. H r✓%fo r r � �/� �� 1' / /r��y////r r✓��ri�✓ i /�1/ / Ali 14 ��Y��fll/w'�"� %��it ' � ;/ � lr� �r,✓ ��r" f'O� 4, r�� ,/,'�//'rH/ %?'.'' r„'N r • � • • • 1 1 1 1 • � "'JY� %/ r� w ✓ l Jli/ , /fo r � �✓��f�� ljrlli �i �/pr � �, r//r '�i//f /H �il�� I�r / � � f � /�✓Jrf < i��11 • •� � • `;Y r�Y "p �../i i ',H/,� �`.y/'�"�j rf�r✓o y r✓��'��I�//�rl% r �r ��✓iii�q I / r" �l /1 W" Yr l/// ting LUD /�l i/I' G��fyr /i/ r ///�l/ r/� �/ < 1 • r,, ,11,?��r/ ,�y %�! Exis �fr r�/ � 2 / �`'/��, /1 � ' / r Y •• • • /� r✓/fir N1 i'� 'l� 1 ,"'� r r�� (eye �` �', HI l� r rK /�irrr✓/fir % '/ Al /! / r/ii Proposed LUD I�NI • • • • Relevant Permitted anal Canditionat Uses ofSSZonjug'arid Sat Zitniji (Yef.LDC:Sections 13o-96&,'130-94) Zoning District As of Right Uses Nlinor Conditional Uses Maljor Conditional Uses rt • 1 • • - • • . - • SS(existing) Detached Dwellings Attached dwelling units Attached dwellings • •• - • • • - .• • • • - Beekeeping (4 or less) Agricrdtural uses • - •- - •• - • -•• Honie-occupatiorrs Parks Accessory Uses Public buildings and uses • • •- •. - . • Collocations oil existing antennas Stealth wireless Satellite earth stations(as accessory) communication facilities Wastewater nutrient reduction (as accessory) cluster systenis Satellite earth stations,(;as Public infrastructure and utilities accessory) rt . 1 . • - . • • . . • SR(;Proposed) Detached Dwellings Attached dwelling anaits Attached dwellings Vacation r entid arse(uuuth permit) (`t or less) tirstitittion.at il.lses Parks(exciiiatltig tennist courts Parks Agricultirral uses. • •• - • • • - .• • • • and pools) Public buildings and uses (",anapgr ounds&1''2V • •- • - -• • •. • • - Beekeeping tnstitutliawd menses Parks •- -• • • • • -•• -• • Horne-occupations Stealth wireless Accessory Uses corrnnunication facilities • - - •• • • • - - ••-• ••- •. - Collocations on existing antennas (as accessory) • • - -• • • •. - . • • Satellite earth.stations(accessory) Satellite earth.stations(as Wastewater nutrient reduction accessory) chaster,systerns Public infrastructure and utilities Residentiaal Market Rate Allocated:no change Net Change in Development Max Net:no change Potential bases,on L,LJD Amendment from SS to SR Transient Allocated:no change Nomesidentiatl. i 300 sf �I r t 5 w " Staff recommends I� "�� of the proposed Land Use District (Zoning ) Map Amendment from Sparsely Settled (SS) to Suburban Residential (SR). ai