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HomeMy WebLinkAboutItem U08 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting July 15, 2026 Agenda Item Number: U8 26-32346 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin 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 Property Located at 8 Parrot Lane, Geiger Key, Currently Having Parcel Identification Nos. 00141230-000000, 00141240-000100 and 00141250-000000, as Proposed by Miguel Garcia. ITEM BACKGROUND: On November 24, 2025, the Monroe County Planning and Environmental Resources Department received an application from Tina Garcia(Agent) on behalf of Miguel Garcia (the Applicant), to amend the Land Use District Map from Sparsely Settled (SS) to Suburban Residential(SR), for property located at 8 Parrot Lane, Geiger Key ("the Property"). The Property is currently developed with a single family residence and accessory uses and structures. The Property has a Future Land Use Map (FLUM) designation of Residential Low (RL) and Land Use District Map of Sparsely Settled (SS). The Applicant states the reason for the proposed map amendment is to allow for a change in the Required Minimum Open Space Ratio from 0.80 (80%) in Sparsely Settled to 0.50 (50%) in Suburban Residential(SR). Further, the Applicant asserts the amendment would allow consistent residential use and future redevelopment that aligns with surrounding neighborhood zoning and the existing land use pattern within Boca Chica Ocean Shores, and to come into compliance with open space. The Applicant's full explanation and justification of the proposed map amendment is included in the file for the application (Department File No. 2025-240). Professional staff have reviewed the Applicant's position and supporting documentation, and concurs the request identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity. Professional 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. PREVIOUS RELEVANT BOCC ACTION: 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- murn setback provisions contained in subparagraph (g) of this section are conformed with. The 1986 Pattison Zoning Maps indicate the Property was within the Sparsely Settled(SS) district. 1986 Pattison Zoning Map—Property(approximate location highlighted), SS District n" W. � 00 09 00, r- ' " f w 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 x * ! o- T A0,0 4N ! INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: PROFESSIONAL STAFF RECOMMENDATION: Professional staff recommends approval of the proposed Land Use District Map amendment from Sparsely Settled (SS) to the Suburban Residential (SR) Land Use District for the subject parcel. DOCUMENTATION: Staff Report 11" X 17"Map Series LUD Amendment Permitted and Conditional Uses in SR (LDC Section 130-94) Permitted and Conditional Uses in SS (LDC Section 130-96) Draft Ordinance Exhibit 1 to Draft Ordinance FINANCIAL IMPACT: 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 Producing: If yes, amount: Grant: County Match: 4�T fi 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources 12 13 From: Barbara Powell, Planning Policy Advisor 14 15 Date: Jun 24, 2026 16 17 Subject: An Ordinance by the Monroe County Board of County Commissioners amending 18 the Monroe County Land Use District(Zoning) Map from Sparsely Settled(SS) to 19 Suburban Residential (SR), for property located at 8 Parrot Lane, Geiger Key, 20 approximate Mile Marker 10.5, described as Lots 8, 9, and 10,Block 1,Boca Chica 21 Ocean Shores, according to the plat thereof as recorded in Plat Book 5 at Page 49 22 of the Public Records of Monroe County, Florida, having Parcel Identification 23 Numbers 00141230-000000, 00141240-000100 and 00141250-000000. 24 25 File: 2025-240 26 27 Meeting: July 15, 2026 28 29 I REQUEST 30 31 On November 24, 2025, the Planning and Environmental Resources Department received an 32 application from Tina Garcia (Agent) on behalf of Miguel Garcia (the Applicant), to amend 33 the Land Use District(Zoning) Map from Sparsely Settled(SS) to Suburban Residential (SR), 34 for property located at 8 Parrot Lane, Geiger Key("the Property"). 35 36 II BACKGROUND INFORMATION 37 38 Site Information: 39 Location: MM 10.5, Geiger Key 40 Address: 8 Parrot Lane 41 Description: Lots 8, 9, and 10, Block 1, Boca Chica Ocean Shores, according to 42 the plat thereof as recorded in Plat Book 5 at Page 49 of the Public Records of 43 Monroe County, Florida. 44 Parcel Identification Numbers: April 22, 2026 45 Owner/Applicant: Miguel A. Garcia 46 Size of Property: 0.46 acres (19,825 square feet) File # 2025-240 Page 1 of 16 8 Parrot Lane, Geiger Key I FLUM Designation: Residential Low (RL) 2 Land Use District: Sparsely Settled (SS) 3 Military Installation Area of Impact (MIAI): Yes 4 Tier Designation: III 5 Flood Zones: AE10 & VE10 6 CBRS: No 7 Existing Use: Single-family residence 8 Existing Vegetation/Habitat: Developed Land with mangroves along the edge of the 9 terminal of the canal 10 Community Character of Immediate Vicinity: Adjacent land uses include RV, 11 restaurant uses to the south (Geiger Key Marina), single-family uses to the west, and 12 publicly owned vacant land to the north and across the canal to the east (US 13 Navy/Federally-owned). 14 w ° ^(' , a /G/j rri F i c 4yrr/Ni/i,!i / 00 n %� fir A //DM, �`n rue t /� „ ,i, %%, nan n re t f'm�'Fq n .'c g nfi' Existing Zoning Map Designation Proposed Zoning Map Designation 15 16 The Property is currently developed with a single family residence and accessory uses and 17 structures. The Property has a Future Land Use Map(FLUM)designation of Residential Low(RL) 18 and Land Use District(Zoning) Map of Sparsely Settled (SS). The Applicant states the reason for 19 the proposed map amendment is to allow for a change in the Required Minimum Open Space Ratio 20 from 0.80 (80%) in Sparsely Settled to 0.50 (50%) in Suburban Residential (SR). Further, the 21 Applicant asserts the amendment would allow consistent residential use and future redevelopment 22 that aligns with surrounding neighborhood zoning and the existing land use pattern within Boca 23 Chica Ocean Shores, and to come into compliance with open space. The Applicant's full 24 explanation and justification of the proposed map amendment is included in the file for the 25 application (File#2025-240). 26 27 Staff has reviewed the Applicants' position and supporting documentation, and concurs the request 28 identifies a new issue and provides an opportunity to eliminate a lawfully existing nonconformity 29 with respect to the open space ratio. Staff are also reviewing the proposed amendment for 30 consistency with State Statutes, Rules, and internal consistency with the Comprehensive Plan, and 31 balancing all these items and policy issues. File # 2025-240 Page 2 of 16 8 Parrot Lane, Geiger Key File # 2025-240 Page 2 of 16 8 Parrot Lane, Geiger Key I Community Meeting and Public Participation 2 In accordance with LDC Section 102-159(a), a community meeting is required to be held. The 3 virtual meeting was held on February 23,2026,to discuss the proposed Land Use District(Zoning) 4 Map amendment and provide for public participation. There were no comments from the members 5 of the public in attendance. 6 7 Development Review Committee Meeting and Public Input 8 On March 24, 2026, the Development Review Committee Meeting considered the proposed Land Use 9 District(Zoning)Map amendment and provided for public input. Christina Gardner, Community Planning 10 and Liaison Officer (NAS Key West), offered comments in opposition to the proposed Zoning Map 11 amendment due to the permitted use of Campgrounds &R V Parks in the proposed Suburban Residential 12 Land Use District.Ms. Gardner also suggested that, since there have been many requests to change zoning 13 to create more open space, NAS Key West and Monroe County staff should work together on a solution. 14 She emphasized that any solution should meet open space needs without adding uses that could negatively 15 impact the base's mission. On March 25, 2026, the Chair of the DRC signed Resolution No. DRC 05-26, 16 recommending approval of the proposed map amendment. 17 18 Planning Commission Meeting and Public Input 19 On May 27, 2026, the Planning Commission held a public hearing to consider the proposed Land 20 Use District (Zoning) Map amendment. Following public input and discussion, the Planning 21 Commission continued the item to its June 24, 2026, meeting for further consideration. 22 23 On June 24, 2026, the Planning Commission resumed its consideration of the proposed 24 amendment,provided an additional opportunity for public input, and adopted Resolution No. P 18- 25 26 recommending approval of the proposed Land Use District (Zoning) Map amendment. 26 27 It should be noted that James Brownless, on behalf of NAS, voiced his opposition to the proposed 28 amendment. 29 30 Prior Relevant BOCC Action 31 32 The 1973-86 Zoning Maps indicate the Property was at least partially within the RU-1 Single 33 Family Residential zoning category. The 1973-86 zoning, RU-1 Single Family Residential 34 District permitted residential uses per Section 19-194 of the 1973-86 Monroe County Code, as 35 depicted below. 36 This district is intended to provide residential areas consist- ing of Dots 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 single family residential lots of record at the time of passage of this ordinance. Such substandard lots may be occupied by a single 37 family dwelling and its accessory building provided the mini. mum setback provisions contained in subparagraph (g) of this 38 se!tion are conformed with. File # 2025-240 Page 3 of 16 8 Parrot Lane, Geiger Key I The 1986 Pattison Zoning Maps indicate the Property was within the Sparsely Settled(SS) 2 district. 3 4 1986 Pattison Zoning Map—Property(approximate location highlighted),SS District �., < t ..; .,... , �� ; I �pJ �If'�� Mwimmmm �nMmMw IummmmdA Ifl1 � F c N to wawlman!w HVOWmaamvm�m � r- 5 6 7 The 1988 "Craig" Zoning (Land Use) District Maps (effective in 1992) indicate the Property was 8 within the Sparsely Settled(SS) district. These maps were most recently certified through BOCC 9 Resolution No. 222-2007 in an administrative update to the Monroe County Land Use District 10 Maps, making the maps available in digital form on June 20, 2007. 11 12 1988 Craig Zoning Map—Properties(highlight),SS District r '09A VVIA a " r�' ■ r l+w". )C1 ! **A61 A4 .. r File # 2025-240 Page 4 of 16 8 Parrot Lane, Geiger Key 1 2 III. AMENDMENT REVIEW 3 4 The Property currently has a Land Use District (Zoning) designation of Sparsely Settled(SS) and 5 a Future Land Use Map (FLUM) designation of Residential Low (RL). 6 7 LUD Comparisons 8 9 Existing 10 LDC Section 130-49.- Purpose of the Sparsely Settled District (SS) 11 The purpose of the SS district is to establish areas of low-density residential development where 12 the predominant character is native or open space lands. 13 14 Proposed 15 LDC Section 130-47.- Purpose of the Suburban Residential District (SR) 16 The purpose of the SR district is to establish areas of low- to medium-density residential uses 17 characterized principally by single-family detached dwellings. This district is predominated by 18 development; however, natural and developed open space creates an environment defined by 19 plants, spaces and over-water views. 20 21 The Property is currently developed with a single family residence (detached dwelling) with 22 surrounding single family residential properties in addition to natural areas and open space. An 23 aerial view of the Property (outlined in red) and surrounding areas is pictured below. 24 rr 4� i . s r u ' 25 ,Y 26 27 File # 2025-240 Page 5 of 16 8 Parrot Lane, Geiger Key I Permitted and Conditional Uses 2 The table below provides a comparison of the permitted and conditional uses of the existing Zoning 3 District as compared to the amended Zoning District. Those uses that differ in the proposed SR 4 zoning are in red. This table is for the purpose of providing a summary only. The full lists of 5 permitted and conditional uses within both the SS and SR Zoning Districts are included as 6 Attachments 1 and 2 to this Report. 7 Relevant Permitted and Conditional Uses of SS Zoning and SR Zoning(ref.LDC Sections 130-96&130-94) Zoning As of Right Uses Minor Major District Conditional Uses Conditional Uses SS Detached Dwellings Attached Attached (existing) Beekeeping dwelling units (4 dwellings Home-occupations or less) Agricultural Accessory Uses Parks uses Collocations on existing Public buildings antennas and uses Satellite earth stations (as Stealth wireless accessory) communication Wastewater nutrient facilities (as reduction cluster systems accessory) Public infrastructure and Satellite earth utilities stations (as accessory) SR Detached Dwellings Attached Attached (proposed) Vacation rental use dwelling units (4 dwellings (with permit) or less) Institutional Parks (excluding tennis Parks Uses courts and pools) Public buildings Agricultural Beekeeping and uses uses Home-occupations Institutional Campgrounds Accessory Uses uses & RV Parks Collocations on existing Stealth wireless antennas communication Satellite earth stations facilities (as (accessory) accessory) Wastewater nutrient Satellite earth reduction cluster systems stations (as Public infrastructure and accessory) utilities 8 9 Maximum Densitv 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 12 District. File # 2025-240 Page 6 of 16 8 Parrot Lane, Geiger Key I Section 130-156(b) of the Land Development Code states: "The density and intensity provisions 2 set out in this section are intended to be applied cumulatively so that no development shall exceed 3 the total density limits of this article. For example, if a development includes both residential and 4 commercial development, the total gross amount of development shall not exceed the cumulated 5 permitted intensity of the parcel proposed for development." 6 7 Maximum Allocated Density and Intensity by Land Use District(Zoning) Map Designation Development Existing Zoning Type Adopted Standards potential based upon Property Residential 0.5.5 DU/gross 0 units Density acre Sparsely Settled(SS) TDR/Market Rate Residential N/A 0 units Total Upland Area: Max Net Density 0.46 acres (19,825 Affordable square feet) Residential Max N/A 0 units Net Density 0.09 buildable acres Transient 0 rooms or 0 (0.36 ac—0.8 open Allocated spaces rooms/spaces space ratio) Density /acre Nonresidential Maximum 0.2 FAR 3,965 sf Intensit Development Proposed Zoning Type Adopted potential Standards based upon Property Residential 0.5 du/gross Allocated 0 units Density acre Suburban Residential TDR/Market 5.0 (SR) Rate Residential DU/buildable 1 unit Max Net Density acre Total Upland Area: Affordable 5.0 0.46 acres (19,825 Residential Max DU/buildable 1 unit square feet) Net Density acre 0.23 buildable acres Transient 0 rooms or 0 (0.23 ac—0.5 open Allocated spaces rooms/spaces space ratio) Density /acre Nonresidential <2,500 SF Maximum (per 130-94)* 4,956 sf* Intensity 0.25 FAR Net Change in Residential Market Rate Allocated: 0 units (no change) Development Potential Based on Zoning TDR/Market Rate Residential Max Net: +1 unit File # 2025-240 Page 7 of 16 8 Parrot Lane, Geiger Key Affordable Residential Max Net: +1 unit affordable Transient Allocated: 0 rooms/spaces (no change) Nonresidential: +991.25 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. 1 2 The above table provides an approximation of the development potential for residential, transient 3 and commercial development. 4 5 As shown in the blue portion of the table, the proposed Zoning amendment would result in no 6 increase in permanent allocated residential development potential; an increase in one (1) unit 7 maximum net density residential potential for market rate units with the use of TDRs; an increase 8 in one (1) unit of affordable residential development potential; maintain a development potential 9 of 0 rooms or spaces for transient units; and an increase in nonresidential development potential 10 of 991.25 square feet. 11 12 Pursuant to Land Development Code Section 130-163, property owners whose land contains a 13 lawfully established dwelling unit that was in existence before January 4, 1996, are permitted to 14 replace the unit and it shall not be considered nonconforming to density. Therefore, regardless of 15 the zoning district, the previously existing unit would be permitted to be replaced under either the 16 existing or proposed land use district. 17 18 Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land 19 Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO)permit 20 process. Any proposed affordable dwelling units would need to obtain a ROGO allocation 21 (affordable ROGO allocations may be available)prior to issuance of a building permit. 22 23 Compatibility with the Surrounding Area 24 a. Existing Vegetation/Habitat: Developed Land 25 b. Existing Tier Designation: III 26 c. Number of Listed Endangered or Threatened Species: One—marsh rabbit buffer 27 d. Existing Use: Single-Family Residence and accessory uses and structures 28 e. Community Character of Immediate Vicinity: Adjacent land uses include single-family 29 uses to the south and east, and vacant land to the north and west (US Navy-owned) 30 across the canal 31 32 The Property that is the subject of this request highlighted in red in the map below. It should be 33 noted that there are two properties (overlaid in bright yellow below) within the same platted 34 subdivision that are located within the Suburban Residential (SR) Land Use District. The Zoning 35 of these properties were amended from SS to SR through BOCC Ordinance Nos. 017-2018 and File # 2025-240 Page 8 of 16 8 Parrot Lane, Geiger Key 1 014-2024. A third property (outlined in purple below) was amended from SS to SR during the 2 February 28, 2026 BOCC meeting through Ordinance No. 007-2026. 3 71. ,1 r� „r I II �I r �iiym"p�ti'iPl� ,. r, 1 4 5 The proposed Zoning amendment is not anticipated to adversely impact the community 6 character of the surrounding area. 7 8 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN 9 AND THE MONROE COUNTY LAND DEVELOPMENT CODE 10 11 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 12 Monroe County Year 2030 Comprehensive Plan. Specifically, it furthers: 13 14 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 15 safety of County residents and visitors, and protect valuable natural resources. 16 17 Objective 101.5 18 Monroe County shall regulate future development and redevelopment to maintain and enhance the 19 character of the community and protect natural resources by providing for the compatible 20 distribution of land uses consistent with the designations shown on the Future Land Use Map. 21 22 Policy 101.5.2 23 The principal purpose of the Residential Low (RL) future land use category is to provide for low- 24 density residential development in partially developed areas with substantial native vegetation. 25 Low intensity public and low intensity institutional uses are also allowed. 26 27 Policy 101.5.25 28 Monroe County hereby adopts the following density and intensity standards for the future land use 29 categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. File # 2025-240 Page 9 of 16 8 Parrot Lane, Geiger Key 1 2 Future Land Use Densities and Intensities Residential(1) Nonresidential Minimu m Open Future Land Use Category Maximum Net DensitySpace and Corresponding Zoning Allocated Density�a> (a)(b) Maximum Intensity Ratio(e) (per upland acre) (per buildable acre) (floor area ratio) Residential Low(RL) 0.50 du 3 du(SR-L) 0.25 0.50 (SS, SR,and SR-L zoning) 5 du(SR) (SR, 0 rooms/spaces or SR-L) 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. (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 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. File # 2025-240 Page 10 of 16 8 Parrot Lane, Geiger Key File # 2025-240 Page 10 of 16 8 Parrot Lane, Geiger Key (m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following conditions are met: 1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996; 2) The platted lot may not be identified for any other use or purpose on the plat(e.g.,"park,""common area,"etc.); 3) The platted lot must have a Tier designation of Tier III; 4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR to the SR lot,regardless of the size of the lot and the allocated density assigned to it; 5) 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 minimis 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 may be permitted for a property within a site-specific policy subarea under Goal 111. 1 2 Policy 101.5.29 3 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully 4 established residential dwelling unit exists shall be entitled to a density of one dwelling unit per 5 each recognized lawfully established unit. Such lawfully-established dwelling unit(s) shall not be 6 considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe 7 County Code. 8 9 Goal 102: Monroe County shall direct future growth to lands which are most suitable for 10 development and shall encourage conservation and protection of environmentally sensitive lands 11 (wetlands, beach berm and tropical hardwood hammock). 12 13 Policy 105.2.1 14 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean 15 Reef planned development, into three general categories for purposes of its Land Acquisition 16 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three 17 categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area(Tier II) on Big Pine 18 Key and No Name Key only; and Infill Area (Tier 111). The purposes, general characteristics, and 19 growth management approaches associated with each tier are as follows: File # 2025-240 Page 11 of 16 8 Parrot Lane, Geiger Key 1 *** 2 3. Infill Area(Tier III): Any defined geographic area,where a significant portion of land area 3 is not characterized as environmentally sensitive as defined by this Plan, except for 4 dispersed and isolated fragments of environmentally sensitive lands of less than four acres 5 in area,where existing platted subdivisions are substantially developed,served by complete 6 infrastructure facilities, and within close proximity to established commercial areas, or 7 where a concentration of nonresidential uses exists, is to be designated as an Infill Area. 8 New development and redevelopment are to be highly encouraged, except within tropical 9 hardwood hammock or pineland patches of an acre or more in area, where development is 10 to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 11 percent or more developed lots situated in areas with few sensitive environmental features; 12 full range of available public infrastructure in terms of paved roads, potable water, and 13 electricity; and concentrations of commercial and other nonresidential uses within close 14 proximity. In some Infill Areas, a mix of nonresidential and high-density residential uses 15 (generally 8 units or more per acre) may also be found that form a Community Center. 16 17 Policy 105.2.2 18 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one 19 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an 20 overlay on the zoning map(s) with supporting text amendments in the Land Development 21 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart 22 growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). 23 24 Objective 108.2 25 Monroe County shall consider the protection of public health, safety and welfare as a principal 26 objective of compatible land use planning on lands adjacent to or closely proximate to the Boca 27 Chica airfield of NASKW. 28 29 Policy 108.2.2 30 Density and intensity standards and land uses established by the Future Land Use Element and 31 Future Land Use Map, on the effective date of this policy, for properties located within the MIAI 32 overlay shall be recognized and allowed to develop to the maximum development potential 33 pursuant to the standards existing on the effective date of this policy. 34 35 Policy 108.2.3 36 Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and 37 intensity, as of the effective date of this policy, established by the Future Land Use Element and 38 Future Land Use Map for property adjacent to or closely proximate to NASKW. NASKW has 39 indicated that it will not object to the issuance of development orders, within the MIAI, if 40 properties have development rights on Future Land Use Map, Land Use District (Zoning) Map, 41 approved development agreements or Section 380.032, F.S. agreements with the State Land 42 Planning Agency. NASKW may provide comments and suggest measures to mitigate potential 43 impacts. 44 45 B. The proposed amendment is consistent with the provisions and intent of the Monroe 46 County Land Development Code. File # 2025-240 Page 12 of 16 8 Parrot Lane, Geiger Key 1 2 In accordance with LDC Section 102-158(d)(7)b., the BOCC may consider the adoption of an 3 ordinance enacting the proposed change based on one or more of the following factors: 4 5 1. Changed projections (e.g., regarding public service needs) from those on which the text of 6 boundary was based; 7 8 Per the Applicants: Since the original zoning designation (Suburban Special (SS) [sic]) was 9 applied,Monroe County's public service infrastructure on Geiger Key has significantly improved. 10 i Water, wastewater, and electrical utilities have been expanded and modernized to serve existing 11 residential areas. 12 13 These infrastructure upgrades support additional residential use consistent with surrounding RS 14 properties. The improved service capacity and availability eliminate the prior limitations that 15 justified the SS zoning, making RS zoning appropriate and compatible with current conditions. 16 17 2. Changed assumptions (e.g., regarding demographic trends); 18 19 Per the Applicants: When the Suburban Special (SS) [sic] zoning was originally established, 20 Geiger Key and the Boca Chica area were characterized by limited residential growth and 21 restricted infrastructure. 22 23 Over time, Monroe County has experienced a steady increase in permanent residents and 24 workforce housing needs,particularly in areas close to Key West. The demographic trend has 25 shifted from seasonal or limited-use properties toward full-time residential occupancy. 26 27 The requested change to Residential Single-Family (RS) [sic] reflects this demographic shift, 28 allowing the property to serve as stable housing consistent with the neighborhood's evolving 29 residential character. 30 31 3. Data errors, including errors in mapping,vegetative types and natural features described 32 in Volume I of the plan; 33 34 Per the Applicants: The existing zoning map identifies the subject parcels under the Suburban 35 Special(SS) [sic]category, which appears to be based on outdated data regarding environmental 36 sensitivity and vegetative cover. 37 38 Updated site inspections and the current signed and sealed boundary survey show that the lots 39 are upland,previously cleared, and partially developed with structures and paved areas. No 40 significant native vegetation or sensitive natural features remain on the site. 41 42 The prior mapping likely overstated environmental constraints, resulting in an inaccurate zoning 43 designation. Correcting this data error by rezoning to Residential Single-Family (RS) will align 44 the map with current on-site conditions and actual land use suitability. 45 46 4. New issues; File # 2025-240 Page 13 of 16 8 Parrot Lane, Geiger Key I Per the Applicants: Since the adoption of the current Suburban Special (SS) [sic] zoning, new 2 planning and policy considerations have emerged regarding infill housing, resilience, and 3 conformity with surrounding development. 4 5 Monroe County has recognized the importance of encouraging appropriate infill residential use 6 in existing platted subdivisions that already have established infrastructure and access. The 7 subject lots are surrounded by active single-family residences and have direct access to public 8 utilities and roadways. 9 10 In addition, updated coastal resilience standards and the completion of centralized wastewater 11 infrastructure have resolved many of the limitations that once constrained development in this 12 area. These new issues support reclassification of the property to Residential Single-Family (RS) 13 [sic]to promote consistent and sustainable neighborhood growth. 14 15 5. Recognition of a need for additional detail or comprehensiveness; or 16 17 Per the Applicants: The existing Suburban Special (SS) [sic] zoning designation does not 18 accurately reflect the current use, development pattern, or infrastructure capacity of the Boca 19 Chica Ocean Shores subdivision. The zoning map lacks the necessary detail and 20 comprehensiveness to differentiate between undeveloped environmentally sensitive areas and 21 improved residential parcels such as these. 22 23 Updating the zoning to Residential Single-Family (RS)[sic] would provide greater regulatory 24 clarity and consistency for both property owners and Monroe County staff when evaluating 25 building permits, setbacks, and redevelopment potential. 26 27 This amendment enhances the comprehensiveness of the County's zoning framework by aligning 28 it with current land conditions, established infrastructure, and the built residential character of 29 the surrounding community. 30 31 6. Data updates. 32 33 Per the Applicants: Updated property surveys, aerial imagery, and Monroe County GIS data 34 confirm that the subjectparcels are fully platted,partially developed, and served by modern public 35 infrastructure, including water, electric, and the completed central wastewater system. 36 37 These current datasets supersede older mapping and environmental information that formed the 38 basis for the original Suburban Special (SS) [sic] designation. The revised data show that the 39 property no longer meets the criteria for low-intensity or environmentally constrained zoning. 40 41 Amending the zoning to Residential Single-Family(RS)[sic]incorporates the most up-to-date data 42 available and ensures that the County's land-use maps accurately represent existing site 43 conditions and service capacity. 44 45 In accordance with LDC Section 102-158(d)(5)c., in no event shall an amendment be 46 approved which will result in an adverse community change to the planning area in which File # 2025-240 Page 14 of 16 8 Parrot Lane, Geiger Key I the proposed development is located or to any area in accordance with a Livable 2 Communikeys Master Plan pursuant to findings of the board of county commissioners. 3 4 Per the Applicants: 5 6 The proposed amendment will not result in any adverse community change within the Boca 7 Chica Ocean Shores neighborhood or the broader Geiger Key planning area. The requested 8 zoning (Residential Single-Family- RS) [sic] is consistent with the established residential 9 character of the surrounding parcels, most of which are already zoned and developed for single- 10 family use. 11 12 The amendment will not increase density, intensity, or traffic beyond what the area's existing 13 infrastructure can support. Instead, it promotes uniform zoning, code compliance, and 14 compatible residential development that respects the Livable CommuniKeys master plan's goals 15 of orderly growth, neighborhood stability, and environmental stewardship. 16 17 Rezoning RS[sic]will bring the property into alignment with current conditions and community 18 expectations, enhancing clarity and predictability for both the property owner and Monroe 19 County without any negative impact to adjacent properties or the community. 20 21 The proposed map amendment is not anticipated to result in an adverse community change to the 22 planning area and is consistent with the Stock Island/ Key Haven Livable CommuniKeys Master 23 Plan. 24 25 Military Installation Area of Impact (MIAI) 26 The subject property is located in the Military Installation Area of Impact (MIAI), however there 27 is no increase is allocated density. The subject property is outside Accident Potential Zones (APC) 28 I and II, as shown on the map below. 29 30 � l 1 31 File # 2025-240 Page 15 of 16 8 Parrot Lane, Geiger Key 1 2 V. RECOMMENDATION 3 4 Staff recommends approval of the proposed Zoning amendment from Sparsely Settled(SS) to 5 the Suburban Residential (SR) Land Use District for the Property. 6 7 VI. EXHIBITS: 8 1. 11"X 17" Map Series LUD Amendment 9 2. Permitted and Conditional Uses in SR(LDC Section 130-94) 10 3. Permitted and Conditional Uses in SS (LDC Section 130-96) 11 4. Draft Ordinance 12 5. Exhibit 1 to Draft Ordinance 13 File # 2025-240 Page 16 of 16 8 Parrot Lane, Geiger Key r l/ IN N W /%// NfF O O U O -OJ 0 CU , / i u L N _ O r / // r W / / c O � 06 u v aj o/ o CaA O L /i pi��„t �l/ /a/ O/ L / /� / !i w C N p_�p AlEll N 15011 IV VJW � N " r „ / ' V./ fllmmri / %% Idtale i/" X ui i i' i�� ii / l / LL Di ,/r�i r/G '. // / / / r CD c // O J /� CD Ntg ON/ CD i a OJ iuo wlftuawv asn puel Alun LUD SS to SIR Property ID Numbe e, ( ): 00141240-000100,00141230-000000, 00141250-000000 r s -",--FGBlger Key A 0 40 80 160 Feet Mile Marker 10 Exhibit 1 to Ordinance # - 2026 ry.h o � 0 0 Q00 Q� PropertyID Numbers • RRo 00141250-000000 141240-000100,00141230-000000, µ. r � The Monroe County Land Use District is amended as indicated above. Land Use change of three parcels of land in Geiger Key from Sparsely Settled Residential District (SS) to Suburban Residential District (SR). N s Date:6/28/2026 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 2Jr 4 J 5 u rw m 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 10 ORDINANCE NO. - 2026 11 12 AN ORDINANCE BY AMENDING THE MONROE COUNTY LAND USE 13 DISTRICT MAP FROM SPARSELY SETTLED (SS) TO SUBURBAN 14 RESIDENTIAL (SR), FOR PROPERTY LOCATED AT 8 PARROT LANE, 15 GEIGER KEY, LOTS 8, 9, AND 10, BLOCK 1, BOCA CHICA OCEAN 16 SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 17 PLAT BOOK 5 AT PAGE 49 OF THE OFFICIAL RECORDS OF MONROE 18 COUNTY, FLORIDA, CURRENTLY HAVING PARCEL 19 IDENTIFICATION NOS. 00141230-0000009 00141240-000100 AND 20 00141250-000000; AS PROPOSED BY MIGUEL GARCIA; PROVIDING 21 FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 23 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 24 FOR AMENDMENT TO THE LAND USE DISTRICT (LUD) MAP; 25 PROVIDING FOR AN EFFECTIVE DATE.' 26 27 28 WHEREAS, on November 24, 2025, the Planning and Environmental Resources 29 Department received an application from Tina Garcia(Agent)from TLC Permit Service, on behalf 30 of Miguel Garcia(the Applicant), to amend the Land Use District Map from Sparsely Settled(SS) 31 to Suburban Residential (SR), for property located at 8 Parrot Lane, Geiger Key, described as Lots 32 8, 9, and 10, Block 1, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat 33 Book 5 at Page 49 of the Public Records of Monroe County, Florida, having Parcel Identification 34 Numbers 00141230-000000, 00141240-000100 and 00141250-000000; and 35 36 WHEREAS,on February 23,2026,the Applicants held a community meeting, as required 37 by Monroe County Land Development Code ("LDC" or "Code") Section 102-159(a) to discuss 38 the proposed Land Use District Map amendment, and provide for public participation; and 39 40 WHEREAS, the Monroe County Development Review Committee ("DRC") considered 41 the proposed amendment at a regularly scheduled meeting held on March 24, 2026; and 42 43 WHEREAS, on March 25, 2026,the Chair of the DRC signed Resolution No. DRC 05-26 44 recommending approval of the proposed Land Use District amendment; and ' Monroe County Planning and Environmental Resources Department File No.2025-240. Ord.No. - 2026 File 2025-240 Page 1 of 4 I WHEREAS, the Monroe County Planning Commission held a public hearing on May 27, 2 2026, for review and recommendation on the proposed Land Use District Map amendment; and 3 4 WHEREAS,the Planning Commission considered the proposed amendment at a regularly 5 scheduled meeting held on May 27, 2026, and continued the proposed amendment to the June 24, 6 2026, Planning Commission meeting; and 7 8 WHEREAS,the Planning Commission considered the proposed amendment at a regularly 9 scheduled meeting held on June 24, 2026; and 10 11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 12 P18-26 recommending approval to the Monroe County Board of County Commissioners regarding 13 the proposed LUD map amendment; and 14 15 WHEREAS, at a regularly scheduled meeting on July 15, 2026, the BOCC held a public 16 hearing to consider adoption of the proposed LUD map amendment; 17 18 WHEREAS, the Monroe County BOCC made the following findings of fact and 19 conclusions of law: 20 21 1. The proposed LUD map amendment is based on the factors listed in LDC Section 102- 22 159(d)(7)b. 23 2. The proposed LUD map amendment is not anticipated to adversely impact the 24 community character of the surrounding area; 25 3. The proposed LUD map amendment is not anticipated to adversely impact the 26 Comprehensive Plan adopted Level of Service ("LOS"); 27 4. The proposed LUD map amendment is consistent with the Goals, Objectives and 28 Policies of the Monroe County Year 2030 Comprehensive Plan; and 29 5. The proposed LUD map amendment is consistent with the Principles for Guiding 30 Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), 31 Florida Statutes; and 32 6. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 35 OF COUNTY COMMISSIONERS: 36 37 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true 38 and correct and are hereby incorporated as if fully stated herein. 39 40 Section 2. The Land Use District Map of the Monroe County Land Development Code is 41 amended as follows: 42 43 The property located at 8 Parrot Lane, Geiger Key, described as Lots 8, 9, and 10, 44 Block 1, Boca Chica Ocean Shores, according to the plat thereof as recorded in Plat 45 Book 5 at Page 49 of the Public Records of Monroe County, Florida, currently 46 having Parcel Identification Numbers 00141230-000000, 00141240-000100 and Ord.No. - 2026 File 2025-240 Page 2 of 4 1 00141250-000000, is changed from Sparsely Settled(SS) to Suburban Residential 2 (SR); and as shown on Exhibit 1, attached hereto and incorporated herein. 3 4 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or 5 ambiguities, within this Ordinance or between this Ordinance and the Monroe 6 County Code of Ordinances, Florida Building Code, Monroe County Land 7 Development Code, floodplain management regulations, Comprehensive Plan, or 8 any other determination, interpretation, or approval of the Monroe County Board 9 of County Commissioners,Monroe County Planning Commission,Monroe County 10 Planning and Environmental Resources Department, or other department or office 11 of Monroe County, the more restrictive rule, regulation, law, provision, and/or text 12 shall always apply and control. 13 14 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions 15 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe 16 County Codes, Florida Statutes, and floodplain management regulations whose 17 interpretation arise out of, relate to, or are interpreted in connection with this 18 Ordinance, shall be liberally construed and enforced in favor of Monroe County, 19 and such interpretation shall be entitled to great weight in adversarial administrative 20 proceedings, at trial, in bankruptcy, and on appeal. 21 22 Section 5. This Ordinance neither ratifies nor approves, nor shall be interpreted as ratifying or 23 approving, any violation or violations of the Monroe County Code of Ordinances, 24 Monroe County Land Development Code, Monroe County Comprehensive Plan, 25 floodplain management regulations, Florida Building Code, Florida Statutes, 26 Florida Administrative Code, or any other law, rule, or regulation,whether Federal 27 or of the State or of Monroe County, and shall not be construed as ratifying or 28 approving of any such violation of law(s), rule(s), or regulation(s). 29 30 Section 6. Approval of this Ordinance shall not estop or waive, nor shall be construed as 31 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and 32 require compliance with the Monroe County Codes, Monroe County 33 Comprehensive Plan, floodplain management regulations, Florida Building Code, 34 Florida Statutes,Florida Administrative Code, or any other law, rule, or regulation, 35 whether at law or in equity. 36 37 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to 38 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 39 governmental, and other similar defense, immunity, exemption, or protection 40 against any suit, cause-of-action, demand, or liability. 41 42 Section 8. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 43 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 44 or unenforceable in or by any administrative hearing officer or court of competent 45 jurisdiction, the invalidity or unenforceability of such provision, or any part or 46 portion thereof, shall neither limit nor impair the operation, enforceability, or Ord.No. - 2026 File 2025-240 Page 3 of 4 I validity of any other provision of this Ordinance, or any remaining part(s) and/or 2 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 3 and/or portion(s) thereof, shall continue unimpaired in full force and effect. 4 5 Section 9. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance 6 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 7 shall not repeal the repealing clause of such ordinance or revive any ordinance 8 which has been repealed thereby. 9 10 Section 10. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning 11 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 12 13 Section 11. Filing and Effective Date. This ordinance shall be filed in the Office of the 14 Secretary of the State of Florida but shall not become effective until approved by 15 the Florida State Land Planning Agency and, if appealed, until the appeal is 16 resolved pursuant to Chapter 120 of the Florida Statutes. 17 18 Section 12. Inclusion in the Monroe County Code's Official Land Use District May. The 19 provisions of this Ordinance shall be included and incorporated on to the Official 20 Land Use District Map of Monroe County. 21 22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 334 Florida, at a regular meeting held on the 15th day of July, 2026. 25 Mayor Michelle Lincoln, District 2 26 Mayor Pro Tem David Rice, District 4 27 Commissioner Craig Cates, District 1 28 Commissioner James K. Scholl, District 3 ig Commissioner Holly Merrill Raschein, District 5 31 BOARD OF COUNTY COMMISSIONERS 32 OF MONROE COUNTY,FLORIDA 33 34 By: 35 Mayor Michelle Lincoln 36 (SEAL) 37 38 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY ATTORNEY 39 40 By: case. / i . 41 AS DEPUTY CLERK Ord.No. - 2026 File 2025-240 Page 4 of 4 Exhibit 1 to Ordinance # - 2026 ry.h o � ,0 000 a� GE D ..µ ,\ m Property ID Number(s): 00141240-000100,00141230-000000, 00141250-000000 The Monroe County Land Use District is amended as indicated above. Land Use change of three parcels of land in Geiger Key from Sparsely Settled Residential District (SS) to Suburban Residential District (SR). N s Date:1/8/2026