Loading...
HomeMy WebLinkAboutItem R03COUNTY of MONROE The Florida Keys BULK ITEM: No TIME APPROXIMATE: BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Rasehein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: R3 26-0362 DEPARTMENT: Planning and Environmental Resources STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Amending the Monroe County Land Use District Map from Sparsely Settled (SS) to Suburban Residential (SR) for a Parcel Located at 10 Cormorant Lane, Geiger Key, approximate mile marker 11, described as the North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5, Page 49, of the Official Records of Monroe County, currently having parcel identification number 00141680-000000. ITEM BACKGROUND: On July 31, 2025, the Planning and Environmental Resources Department received an application from Richard and Kimi Rother ("the Applicants)," to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Cormorant Lane, Geiger Key ("the Property"). / j,%G ,/d / f, , �0 �,/ /i fA of, j,70 JF � �� ,,,�r ��,�� I xisthig Zoning Map Designation Proposed Zoning Map Designation Site Information: Location: MM 11, Geiger Key Address: 10 Cormorant Lane Description: North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida. Parcel Identification Number: 00141680-000000 Owner/Applicant: Richard and Kimi Rother Size of Property: 0.375 acres (16,352 SF per survey) FLUM Designation: Residential Low (RL) Land Use District: Sparsely Settled (SS) Military Installation Area of Impact (MIAI): Yes Tier Designation: III Flood Zones: AE9 & AE10 CBRS: No Existing Use: Single-family residence Existing Vegetation/Habitat: Developed Land with approximately 25 feet strip of mangroves along the southern property line Community Character of Immediate Vicinity: Adjacent land uses include single-family uses to the south and east, and vacant land to the north and west (US Navy -owned) across the canal. The Property is located within the Sparsely Settled (SS) Land Use District and has a Future Land Use Map (FLUM) designation of Residential Low (RL). The Property is currently developed with a single family residence and accessory uses and structures. The Applicants state the reason for the proposed map amendment is to allow for a change in Required Minimum Open Space Ratio from 0.80 (80%) in Sparsely Settled to 0.50 (50%) in Suburban Residential (SR), permitting for the construction of a pool on the Property. The Applicants cite conformance with current Comprehensive Plan policies and Land Development Code regulations. Furthermore, the Applicants assert by amending the Land Use District, the Property will be brought into compliance with open space regulations, eliminating an existing lawful nonconformity, while not increasing allocated density on the Property. The Applicants' full explanation and justification of the proposed map amendment is included in the file for the application (File #2025- 163). Staff has reviewed the Applicants' position and supporting documentation, and concurs the request identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity. Staff are also reviewing the proposed amendment for consistency with State Statutes, Rules, and internal consistency with the Comprehensive Plan, and balancing all these items and policy issues. AMENDMENT REVIEW Existing L UD 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 L UD 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 proposed Zoning amendment would result in no increase in permanent allocated residential development potential; an increase in one (1) unit maximum net density residential potential for market rate units with the use of TDRs; an increase in one (1) unit of affordable residential development potential; maintain a development potential of 0 rooms or spaces for transient units; and an increase in nonresidential development potential of 1,389.92 square feet. 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. Any proposed new residential 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. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable ROGO allocations may be available) prior to issuance of a building permit. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. B. The proposed amendment is consistent with the provisions and intent of the Monroe County Code Land Development Code. Please refer to attached Staff Report for full explanation and data and analysis. PREVIOUS RELEVANT BOCC ACTION: On March 21, 1972, Monroe County Building Permit #26156 was issued to construct a single-family residence on the Property. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Professional staff recommends approval of the proposed Zoning amendment from Sparsely Settled (SS) to the Suburban Residential (SR) Land Use District for the Property. DOCUMENTATION: 2025-163 Staff Report Exhibit 1_ Rother LUD_Amendment Maps_ Exhibit 2 Sec 130 94 SR Exhibit 3 Sec 130 96 SS 2025 163 LUD Draft Ordinance FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue If yes, amount: Producing Grant: County Match: Insurance Required: R3. A Public Hearing to Consider Adoption of an Ordinance Amending the Monroe County Land Use District Map from Sparsely Settled (SS) to Suburban Residential (SR) for a Parcel Located at 10 Cormorant Lane, Geiger Key, approximate mile marker 11, described as the North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5, Page 49, of the Official Records of Monroe County, currently having parcel identification number 00141680-000000. 4�Ti // e�m MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources From: Barbara Powell, Planning Policy Advisor Date: January 30, 2026 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Cormorant Lane, Geiger Key, approximate Mile Marker 11, described as the North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida, having Parcel Identification # 00141680- 000000. (File 2025-163) Meeting: February 18, 2026 I REQUEST On July 31, 2025, the Planning and Environmental Resources Department received an application from Richard and Kimi Rother ("the Applicants)," to amend the Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Cormorant Lane, Geiger Key ("the Property"). %%% �l// it /� ✓�, r r 4 ai/6r /1 f / 4 0116,k r u 4 i lr �r r �47/ rr �ir�/l✓ Errlh Existing Zoning Map Designation Proposed Zoning Map Designation File # 2025-163 Page 1 of 14 10 Cormorant Lane, Geiger Key 11 BACKGROUND INFORMATION Site Information: Location: MM 11, Geiger Key Address: 10 Cormorant Lane Description: North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida. Parcel Identification Number: 00141680-000000 Owner/Applicant: Richard and Kimi Rother Size of Property: 0.375 acres (16,352 SF per survey) FLUM Designation: Residential Low (RL) Land Use District: Sparsely Settled (SS) Military Installation Area of Impact (MIAI): Yes Tier Designation: III Flood Zones: AE9 & AE 10 CBRS: No Existing Use: Single-family residence Existing Vegetation/Habitat: Developed Land with approximately 25 feet strip of mangroves along the southern property line Community Character of Immediate Vicinity: Adjacent land uses include single-family uses to the south and east, and vacant land to the north and west (US Navy -owned) across the canal. The Property is located within the Sparsely Settled (SS) Land Use District and has a Future Land Use Map (FLUM) designation of Residential Low (RL). The Property is currently developed with a single family residence and accessory uses and structures. The Applicants state the reason for the proposed map amendment is to allow for a change in Required Minimum Open Space Ratio from 0.80 (80%) in Sparsely Settled to 0.50 (50%) in Suburban Residential (SR), permitting for the construction of a pool on the Property. The Applicants cite conformance with current Comprehensive Plan policies and Land Development Code regulations. Furthermore, the Applicants assert by amending the Land Use District, the Property will be brought into compliance with open space regulations, eliminating an existing lawful nonconformity, while not increasing allocated density on the Property. The Applicants' full explanation and justification of the proposed map amendment is included in the file for the application (File #2025-163). Staff has reviewed the Applicants' position and supporting documentation, and concurs the request identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity. Staff are also reviewing the proposed amendment for consistency with State Statutes, Rules, and internal consistency with the Comprehensive Plan, and balancing all these items and policy issues. Community Meeting and Public Participation In accordance with LDC Section 102-159(a), a community meeting is required to be held. The virtual meeting was held on October 27, 2025, to discuss the proposed Land Use District (Zoning) Map amendment and provide for public participation. Meeting attendants were in general in favor of the amendment. File # 2025-163 Page 2 of 14 10 Cormorant Lane, Geiger Key Development Review Committee Meeting and Public Input On December 16, 2025, the Development Review Committee Meeting considered the proposed Land Use District (Zoning) Map amendment and provided for public input. Christina Gardner, Community Planning and Liaison Officer (NAS Key West), offered comments in opposition to the proposed Zoning Map amendment due to the permitted use of Campgrounds & R V Parks in the proposed Suburban Residential Land Use District. The applicant's intention is to construct a pool, which would be accessory to the existing single family residence (the principal use). On December 17, 2025, the Chair of the DRC signed Resolution No. DRC 24-25, recommending approval of the proposed map amendment. Planning Commission Meeting and Public Input On January 29, 2026, the Planning Commission considered the proposed amendment, provided for public input and recommended approval of the proposed LUD amendment through Resolution P02-26. Prior Relevant BOCC Action On March 21, 1972, Monroe County Building Permit #26156 was issued to construct a single family residence on the Property. The 1973-86 Zoning Maps indicate the Property was at least partially within the RU-1 Single Family Residential zoning category. The 1973-86 zoning, RU-1 Single Family Residential District permitted residential uses per Section 19-194 of the 1973-86 Monroe County Code, as depicted below. This district is intended to provide residential areas consist- ing of lots having an area, of at least eight thousand (8,000) square feet and including in said district, lots having less than eight thousand (8,000) square feet which were Mingle family residential lots of record at the time of passage of this ordinance. Such substandard lots may be occupied by a single family dwelling and its accessory building provided the mini- mum setback provisions contained in subparagraph (g) of this section are conformed with, The 1986 Pattison Zoning Map s indicate the Property was within the Sparsely Se ttled (SS) district. File # 2025-163 Page 3 of 14 10 Cormorant Lane, Geiger Key 1986 Pattison Zoning Map —Property (approximate location highlighted), 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. 1988 Craig Zoning Map Properties (highlight), SS District III. AMENDMENT REVIEW The Property currently has a Land Use District (Zoning) designation of Sparsely Settled (SS) and a Future Land Use Map (FLUM) designation of Residential Low (RL). LUD Comparisons Existing 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 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. An aerial view of the Property and surrounding areas is pictured below. File # 2025-163 Page 4 of 14 10 Cormorant Lane, Geiger Key Permitted and Conditional Uses The table on the following page 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 1 and 2 to this Report. Relevant Permitted and Conditional Uses of SS Zonin and SR Zoning (ref. LDC Sections 130-96& 130-94) Zoning District As of Right Uses Minor Conditional Uses I 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 rental use (with permit) (4 or less) Institutional Uses Parks (excluding tennist courts Parks Agricultural uses and pools) Public buildings and uses Campgrounds & ITV Beekeeping Institutional 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 File # 2025-163 Page 5 of 14 10 Cormorant Lane, Geiger Key Maximum Density and Intensity by Land Use (Zoning) District The table below 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 Land Development Code 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." Maximum Allocated Density and Intensity by Land Use District Zoning Map Designation Adopted Development Existing Zoning Type Standards potential based upon density Residential 0.5 DU/gross acre 0 units Sparsely Settled Residential Allocated Density (SS) TDR/Market Rate N/A 0 units Residential Max Net Density Total Upland Area: 0.375 acres Affordable Residential Max N/A 0 units 16,352 sf Net Density Transient 0 rooms or spaces 0 rooms/spaces 0.075 buildable acres (0.375 ac — 0.8 open space Allocated Density /acre Nonresidential 0.2 654.08 sf ratio) Maximum Intensity Adopted Development Proposed Zoning Type Standards potential based upon density Residential 0.5 du/gross acre 0 units Allocated Density Suburban Residential (SR) TDR/Market Rate 5.0 DU/buildable 1 unit Residential Max Net Density acre Total Upland Area: 0.375 Affordable Residential Max 5.0 DU/buildable 1 unit acres 16,352 sf Net Density acre 0.188 buildable acres Transient 0 rooms or spaces 0 rooms/spaces (0.375 ac — 0.5 open space Allocated Density /acre ratio) <2,500 SF (per Nonresidential 130-94)* 2,044 sf* Maximum Intensity 0.25 FAR File # 2025-163 Page 6 of 14 10 Cormorant Lane, Geiger Key Residential Market Rate Allocated: 0 units (no change) TDR/Market Rate Residential Max Net: +1 unit Net Change in Development Potential Based on Zoning Affordable Residential Max Net: +1 unit affordable Transient Allocated: 0 rooms/spaces (no change) Nonresidential: +1,389.92 sf* *Per Land Development Code Section 130-94, only lawfully established nonresidential uses in the SR 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. The above table provides an approximation of the development potential for residential, transient and commercial development. As shown in the blue portion of the table, the proposed Zoning amendment would result in no increase in permanent allocated residential development potential; an increase in one (1) unit maximum net density residential potential for market rate units with the use of TDRs; an increase in one (1) unit of affordable residential development potential; maintain a development potential of 0 rooms or spaces for transient units; and an increase in nonresidential development potential of 1,389.92 square feet. 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. Any proposed new residential 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. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable ROGO allocations may be available) prior to issuance of a building permit. Compatibility with the Surrounding Area a. Existing Vegetation/Habitat: Developed Land b. Existing Tier Designation: III c. Number of Listed Endangered or Threatened Species: One — marsh rabbit buffer d. Existing Use: Single -Family Residence and accessory uses and structures e. Community Character of Immediate Vicinity: Adjacent land uses include single-family uses to the south and east, and vacant land to the north and west (US Navy -owned) across the canal It should be noted that there are two properties within the same platted subdivision that are located within the Suburban Residential (SR) Land Use District. The Zoning of these properties were amended from SS to SR through BOCC Ordinance Nos. 017-2018 and 014- File # 2025-163 Page 7 of 14 10 Cormorant Lane, Geiger Key 2024. Those properties are overlaid in bright yellow in the image below, with the Property that is the subject of this request highlighted in blue. The proposed Zoning amendment is not anticipated to adversely impact the community character of the surrounding area. IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN AND THE MONROE COUNTY LAND DEVELOPMENT CODE A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Specifically, it furthers: Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.5.2 The principal purpose of the Residential Low (RL) future land use category is to provide for low -density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. Policy 101.5.25 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. Future Land Use Densities and Intensities File # 2025-163 Page 8 of 14 10 Cormorant Lane, Geiger Key File # 2025-163 Page 8 of 14 10 Cormorant Lane, Geiger Key Minimum Residential (1) Nonresidential Open Space Ratio (°) Future Land Use Category And Corresponding Allocated Density �a> Maximum N)t Density Maximum Intensity Zoning (per upland acre) (floor area ratio) (per buildable acre) Residential Low (RL) 0.50 du 3 du (SR-L) 0.25 0.50 (SR, (SS, SR, and SR-L zoning) 5 du (SR) SR-L) 0 rooms/spaces or 0.80 (SS) 1 du/lot (SR)('°) N/A (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. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes. (f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less. (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). 0) Within 1S subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels, including live -aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density. (m) Within the Residential Low, future land use category, the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be I dwelling unit per platted lot, provided all of the following conditions are met: 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996; 2) The platted lot may not be identified for any other use or purpose on the plat (e.g., "park," "common area," etc.); File # 2025-163 Page 9 of 14 10 Cormorant Lane, Geiger Key 3) The platted lot inust have a Tier designation of Tier 111; File # 2025-163 Page 10 of 14 10 Cormorant Lane, Geiger Key 4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it; 5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code; 6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and 7) The subject parcel must comply with Policy 301.2.5 regarding legal access. (n) Within the Residential Medium future land use category, the allocated density within the IS zoning district shall be 1 dwelling unit per parcel for parcels that meet all of the following conditions: 1) The parcel boundaries must have been established in their current configuration prior to September 15, 1986, except for de mininvs changes (no more than 10% of the parcel's area) to the parcel boundaries made after September 15, 1986, but prior to August 12, 1992, which did not create another buildable parcel; 2) The applicant must provide sufficient evidence that the parcel boundaries were established before September 15, 1986 (such as one or more of the following: boundary survey, deed, etc.); 3) The parcel may not be identified for any other use or purpose on a plat (e.g. "park," "common area," etc.); 4) The subject parcel may not be a fractional portion of a platted lot; 5) The subject parcel must have a minimum of 2,000 sf of upland that is not reserved as an access easement or designated purpose other than residential use; 6) The parcel must have a Tier designation of Tier 111; 7) The subject parcel must include all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, etc., except paved roads); and 8) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan regarding legal access. (o) Density increase above the max net density provided maybe permitted for a property within a site -specific policy subarea under Goal 111. Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully established unit. Such lawfully -established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. Goal 102: Monroe County shall direct future growth to lands which are most suitable for development and shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical hardwood hammock). Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205. L L These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and File # 2025-163 Page 10 of 14 10 Cormorant Lane, Geiger Key within close proximity to established commercial areas, or where a concentration of nonresidential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix of nonresidential and high -density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 105.2.2 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). Objective 108.2 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. Policy 108.2.2 Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use Map, on the effective date of this policy, for properties located within the MIAI overlay shall be recognized and allowed to develop to the maximum development potential pursuant to the standards existing on the effective date of this policy. Policy 108.2.3 Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and intensity, as of the effective date of this policy, established by the Future Land Use Element and Future Land Use Map for property adjacent to or closely proximate to NASKW. NASKW has indicated that it will not object to the issuance of development orders, within the MIAI, if properties have development rights on Future Land Use Map, Land Use District (Zoning) Map, approved development agreements or Section 380.032, F.S. agreements with the State Land Planning Agency. NASKW may provide comments and suggest measures to mitigate potential impacts. B. The proposed amendment is consistent with the provisions and intent of the Monroe County Code Land Development Code. In accordance with LDC Section 102-158(d)(5)b., the BOCC may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: 1. Changed projections (e.g., regarding public service needs) from those on which the text of boundary was based; File # 2025-163 Page 11 of 14 10 Cormorant Lane, Geiger Key Per the Applicants: There are no changed projections. File # 2025-163 Page 12 of 14 10 Cormorant Lane, Geiger Key 2. Changed assumptions (e.g., regarding demographic trends); Per the Applicants: There are no changed assumptions. 3. Data errors, including errors in mapping, vegetative types and natural features described in Volume I of the plan; Per the Applicants: The purpose of Sparsely Settled (SS) is to establish areas of low -density residential development where the predominant character is open lands. The 1983 zoning code revision to SS was a data error because the property was originally platted on February, 1962, for the purpose of residential development (RU-1) to establish low -to -medium density residential uses, characterized principally by single- family detached dwellings which is more appropriate for the property given the location and characteristics of the neighborhood in which the property is located. "The canals and Park were reserved to the exclusive use of the property owners in the subdivision". Refer to Exhibit "A"Boca Chica Shores Subdivision Plat Map. In January 1977, the Monroe County Planning & Zoning Dept. sent out a memorandum to the "affected property owners" of the Boca Chica Shores, notifying residents of the adopted New Airport District. Those areas susceptible to noise and accidents, were able to apply for a variance to be able to place a home on their lot. This indicates County support for residential development in the Airport District. Refer to Exhibit "B" Letter to Affected Property Owners. Conclusion: SR is a more appropriate zoning designation for existing residential property owners, considering the historic development of the property at the time the land use maps were adopted and the support by the public and county to accommodate residential property owners in the Boca Chica Shores subdivision. 4. New issues; Per the Applicants: Due to the restrictive Open Space requirement within the SS overlay, the property owner is restricted from constructing any residential accessory structures, such as a swimming pool. 5. Recognition of a need for additional detail or comprehensiveness; or Per the Applicants: With the original subdivision platting of Boca Chica Shores, dating back to 1966, Single Family Residences, zoned RU-1, have been handicapped by a more restrictive SS zoning designation. Two other properties in the Boca Chica Shores Subdivision, 1489 Boca Chica File # 2025-163 Page 12 of 14 10 Cormorant Lane, Geiger Key Road and 10 Egret Lane, have had the LUD amended to enable the property owners to make property improvements within the zoning parameters of the SR zoning. The zoning change from SS to SR for those referenced properties, have not adversely impacted the community character of the surrounding areas or affected the density with their zoning change. Redevelopment of previously existing residential density is permitted, provided the property comes into compliance with all other applicable regulations, including open space. The proposed amendment to SR would allow for the Property to be brought into compliance with open space regulations without necessitating the removal of previously lawfully existing accessory uses and structures. Although the proposed amendment would not bring the Property into compliance with the density standards of LDC Section 130-157, pursuant to 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. The proposed amendment would not increase the development potential on the parcel beyond the existing market -rate single-family dwelling unit. 6. Data updates. Per the Applicants: Not applicable. In accordance with LDC Section 102-158(d)(5)c., in no event shall an amendment be approved which will result in an adverse community change to the planning area in which the proposed development is located or to any area in accordance with a Livable Communikeys Master Plan pursuant to findings of the board of county commissioners. Per the Applicants: Goals outlined under livable CommuniKeys that support the zoning change are to enhance the community character, quality of life and to remove barriers to design concepts. The residence was built in 1993 and the applicant would like to add an accessory structure (swimmingpool) to promote a healthy lifestyle and to add value to their property. The property is adjacent to neighboring residential properties zoned as SS which is a compatible use ivith the Property and will not create any significant impacts. The property is located on a comer lot, surrounded by adjacent residences, water and undeveloped properties owned by the Naval Air Station. The property is located within the Military installation Area of Impact, however, the request is not to amend the Future Land Use Map and therefore Policy l 08.2.5 is inapplicable. Regardless of it application, the permitted density is not changing and the property becomes conforming as to the density with the LUD amendment. 73% of the properties, within a 600 foot radius of the Property, are vacant land within the MIAI zone and will most likely never contain habitable buildings. The environmental risk to the health, safety and welfare of the residents are noted. A zoning change from SS to SR has no additional bearing on the outlined potential for harm. File # 2025-163 Page 13 of 14 10 Cormorant Lane, Geiger Key The land area which is the subject of the requested LUD amendment is designated as Tier ill, classified as developed land and is not classified as habitat for any protected species. The proposed map amendment is not anticipated to result in an adverse community change to the planning area in which the property is located. V. RECOMMENDATION Staff recommends approval of the proposed Zoning amendment from Sparsely Settled (SS) to the Suburban Residential (SR) Land Use District for the Property. VI. EXHIBITS: 1. 11" X 17" Map Series LUD Amendment 2. Permitted and Conditional Uses in SR (LDC Section 130-94) 3. Permitted and Conditional Uses in SS (LDC Section 130-96) 4. Draft Ordinance File # 2025-163 Page 14 of 14 10 Cormorant Lane, Geiger Key 70/11 1 1 na ,III m n/ A /V7, J jam e "AA". Mm ww a Jo w CD 0 11111 1111H a Ai' 0 c 00 CD cm F— t3 CL 2 < . . . . . . . .... /Ar 's, /Vj LUD SS to SR 0 Geiger Key N 0 5 7 Fe Mile Marker 10 ..I..I..I..I Exhibit 1 to Ordinance # - 2025 The Monroe County Land Use District is amended as indicated above. Land Use change of one parcel of land in Geiger Key from Sparsely Settled 0 ; Residential District (SS) to Suburban Residential District (SR). N s Date: 9/17/2025 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. 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 (Supp. No. 16) Page 1 of 4 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: 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: (Supp. No. 16) Page 2 of 4 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. 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; (Supp. No. 16) Page 3 of 4 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 restrictive. (Ord. No. 006-2016, § 1(Exh. 1), 4-13-2016; Ord. No. 010-2020, § 1, 2-19-2020, eff. 6-4-2020) (Supp. No. 16) Page 4 of 4 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. 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 (Supp. No. 16) Page 1 of 3 (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; 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; (Supp. No. 16) Page 2 of 3 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) (Supp. No. 16) Page 3 of 3 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 p4mrvsM. MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. - 2026 AN ORDINANCE AMENDING THE MONROE COUNTY LAND USE DISTRICT (LUD) MAP FROM SPARSELY SETTLED (SS) TO SUBURBAN RESIDENTIAL (SR) FOR PROPERTY LOCATED AT 10 CORMORANT LANE, GEIGER KEY, DESCRIBED AS THE NORTH 1/2 OF LOT 8 AND ALL LOTS 9 AND 10, BLOCK 4, BOCA CHICA OCEAN SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 49, OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 00141680-000000; 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 AMENDMENT TO THE LAND USE DISTRICT (LUD) MAP; PROVIDING FOR AN EFFECTIVE DATE.' WHEREAS, on July 31, 2025, the Planning and Environmental Resources Department received an application from Richard and Kimi Rother ("the Applicants"), to amend the Land Use District Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Cormorant Lane, Geiger Key, described as the North 1/2 of Lot 8 and all Lots 9 and 10, Block 4, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida, having Parcel Identification Number 00141680- 000000; and WHEREAS, on October 27, 2025, the Applicants held a community meeting, as required by Monroe County Land Development Code ("LDC" or "Code") Section 102-159(a) to discuss the proposed Land Use District Map amendment, and provide for public participation; and WHEREAS, the Monroe County Development Review Committee (DRC) considered the proposed amendment at a regularly scheduled meeting held on December 16, 2025; and WHEREAS, on December 17, 2025, the Chair of the DRC signed Resolution No. DRC 24-25 recommending approval of the proposed Land Use District amendment; and i Monroe County Planning & Environmental Resources Department File No. 2025-163. 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the Monroe County Planning Commission held a public hearing on January 29, 2026, for review and recommendation on the proposed Land Use District ("LUD") Map amendment; and WHEREAS, the Monroe County Planning Commission adopted Resolution No. P02-26 recommending to the Monroe County Board of County Commissioners approval of the proposed LUD amendment; and WHEREAS, at a regularly scheduled meeting on February 18, 2026, the BOCC held a public hearing to consider adoption of the proposed LUD amendment; WHEREAS, the Monroe County BOCC entered the following findings of fact and conclusions of law: 1. The proposed LUD amendment is not anticipated to adversely impact the community character of the surrounding area; 2. The proposed LUD amendment is not anticipated to adversely impact the Comprehensive Plan adopted Level of Service ("LOS"); 3. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan; and 4. The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section L The foregoing title, recitals, findings of fact, and conclusions of law are true and correct and are hereby incorporated as if fully set forth herein. Section 2. The subject Land Use District Map amendment of the Monroe County Land Development Code is amended as follows: That certain parcel located at 10 Cormorant Lane, Geiger Key, currently having Parcel Identification No. 00141680-000000, is changed from Sparsely Settled ("SS") to Suburban Residential ("SR"); and as shown on Exhibit 1., attached hereto and incorporated herein. Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities within this Ordinance or between this Ordinance and any other ordinance, resolution, law, regulation, provision, approval, decision, text, or interpretation, the more restrictive law, regulation, provision, approval, decision, text, and interpretation shall always apply and control. Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 regulations whose interpretation arise out of, relate to, or are interpreted in connection with this Ordinance, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 5. This Ordinance neither ratifies nor approves, nor shall be interpreted as ratifying or approving, any violation or violations of the Monroe County Code of Ordinances, Monroe County Land Development Code, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether Federal or of the State or of Monroe County, and shall not be construed as ratifying or approving of any such violation of law(s), rule(s), or regulation(s). Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping or waiving, Monroe County's right to enforce, seek enforcement of, and require compliance with the Monroe County Codes, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether at law or in equity. Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any portion of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect. Section 8. Repeal of Inconsistent Provisions. All ordinances or parts of an ordinance in conflict with this Ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 9. Transmittal. This Ordinance shall be transmitted to the State Land Planning Agency pursuant to Chapters 163 and 380, Florida Statutes. Section 10. Filing and Effective Date. This Ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapters 163 and 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 380, Florida Statutes, and after any applicable challenges have been resolved. Section 11. Inclusion on the Monroe County Code's Official Land Use District Map. The provisions of this Ordinance shall be included and incorporated on the Official Land Use District Map of Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on this 18'h day of February, 2026. Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Commissioner Craig Cates, District 1 Commissioner James Scholl, District 3 Commissioner Holly Merrill Raschein, District 5 (SEAL) ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LE 4 of 4 MAYOR MICHELLE LINCOLN MONnOE COUNTY ATTORNEY AP VE'D i C C9 Date. 2/6/26 Exhibit 1 to Ordinance # - 2025 The Monroe County Land Use District is amended as indicated above. Land Use change of one parcel of land in Geiger Key from Sparsely Settled 0 ; Residential District (SS) to Suburban Residential District (SR). N s Date: 9/17/2025