Item U2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18. 2005
Division:
Growth Management
Bulk Item: Yes_
No -1L
Department:
Planning
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING:
A public hearing to consider an ordinance to amend Section 9.5-269 of the Monroe County Land
Development Regulations concerning nonresidential district open space requirements.
ITEM BACKGROUND:
This is a housekeeping ordinance making it easier to understand that there is an open space
requirement for all classifications, the scarified minimum is currently only in the environmental
section. Ordinance Number 041-2003 amended the open space requirements of Section 9.5-262
maximum residential density and district open space, by replacing all the zero open space
requirements with a minimum of.20 (20%). However, nonresidential open space requirements were
not amended at that time and will be accomplished with this amendment. At the AprilS, 2005
public meeting of the Development Review Committee, the Committee voted to recommend
approval of the proposed text amendment to the Planning Commission. At the April 27, 2005
public meeting of the Planning Commission, the Commission voted to recommend approval of the
proposed text amendment to the Board of County Commissioners.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: NI A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes _No NI A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes N/A No
DOCUMENTATION:
Included
APPROVED BY: County Attorney ~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
AMENDMENT
SECTION 9.5-269
"MAXIMUM NONRESIDENTIAL
LAND USE INTENSITIES
AND DISTRICT OPEN SPACE"
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
MAY 18,2005
MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
AMENDMENT
SECTION 9.5-269
"MAXIMUM NONRESIDENTIAL
LAND USE INTENSITIES
AND DISTRICT OPEN SPACE"
A REQUEST BY MONROE COUNTY PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE NONRESIDENTIAL
DISTRICT OPEN SPACE REQUIREMENTS OF SECTION 9.5-269
RECOMMENDATIONS
Staff: Approval
DRC: Approval
PC: Approval
AprilS, 2005
April 5, 2005
April 27, 2005
Staff Report
Resolution #0 -05
Resolution #P -05
DRAFT BOCC ORDINANCE
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST
FILED BY THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS,
SECTION 9.5~269 CONCERNING NONRESIDENTIAL OPEN
SPACE REQUIREMENTS; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND DIRECTING THE
PLANNING DIRECTOR TO FORWARD A CERTIFIED
COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners recognizes the
need to remove existing inconsistencies between the Monroe County Year 2010
Comprehensive Plan and the Land Development Regulations; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan adopted in
1996 designates land use densities and district open spaces in Policy 101.4.21; and;
WHEREAS, the Land Development Regulations were codified prior to the
adoption of the 2010 Comprehensive Plan and contain certain inconsistencies with regard
to nonresidential district open space designations; and
WHEREAS, the amendment to Section 9.5-269 would remove the existing
inconsistencies between the Land Development Regulations and the Year 2010
Comprehensive Plan; and
WHEREAS, Monroe County is designated as an "Area of Critical State Concern"
and as such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code
(F.A.C.) and Chapter 163 ofthe Florida Statutes; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners finds that the proposed Text
amendment furthers and is consistent with the Year 2010 Comprehensive
Plan; and
Section 2. Section 9.5-269 of the Monroe County Land Development Regulations is
hereby amended to read as follows (additions and deletions shown in
underline and strikethrough format):
1
Strike through toxt is deleted
Underlined text is new
Section 9.5-269. Maximum nonresidential land use intensities and district open
space fB.::
Land Use District Maximum Floor Area Ratio o.S.R. fB.::
Urban Commercial:
Commerdal Retail:
Low intensity 0.45 0.20
Medium intensity 0.40 0.20
High intensity 0.35 0.20
Offi ces 0.45 0.20
Commercial Recreation 0.15 0.20
Instituti onal 0.40 0.20
Outdoor Recreational 0.15 0.20
Public Buildings 0.35 0.20
Urban Residential:
Institutional 0.30 0.20
Public Buildings and Uses 0.30 0.20
Urban Residential Mobile Home:
Commerdal Retail:
Low intensity f3t ill 0.20
Medium intensity f3i- ill 0.20
Offices f3t ill 0.20
Sub Urban Commercial:
Commercial Retail:
Low intensity 0.35 0.92-
Medium intensity 0.25 0.92-
High intensity 0.15 0.92-
Offices 0.40 0.92-
Commercial Recreational 0.10 0.92-
Institutional 0.30 0.92-
Outdoor Recreational 0,10 0.92-
Public Buildings and Uses 0.30 0,92-
Light Industry 0,30 O,G2-
Sub Urban Residential:
Commercial Retail:
Low intensity f3t ill 0.5
Medium intensity f3t ill 0.5
Offices f3t ill 0.5
Public Buildings and Uses 0.25 0.5
2
Institutiona I 0.25 0.5
Sparsely Settled:
Publ1c Buildings and Uses 0.20 f21 0.2
Native Area:
Public Buildings and Uses 0.20 f4T0.2
Main/and Native Area:
Educational/Research Centers 0.30 f4T0.2
Improved Subdivision:
Commercial Retail:
Low intensity 0.25 f31 ill f21 0.2
Medium intensity 0.20f31 ill f21 0.2
Offices 0.25f31 ill f21 0.2
Destination Resort:
Commercial Retail f37 ill 0.2
Institutional 0.30 -0.2
Recreaaona/ Vehicle:
Commercial Retail f37 ill f21 0.2
Commercial Fishing Area:
Commercial Fishing 0.40 0.2
Light Industry 0.40 0.2
Commercial Retail:
Low intensity 0.40 0.2
Medium intensity 0.40 0.2
Commercial Fishing Village:
Commercial Fishing 0.40 0.2
Commercial Fishing Special
Districts (All):
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
Commercial Fishing 0.40 0.2
Light Industry 0.30 0.2
Mixed Use:
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
High intensity 0.15 0.2
3
Offices
Commercial Recreational
Instituti onal
Outdoor Recreational
Public Buildings and Uses
Commercial Fishing
Light Industry
0.40
0.10
0.30
0.10
0.30
0.40
0.30
0.2
0.2
0.2
0.2
0.2
0.2
0.2
Industrial:
Light Industry
Heavy Industry
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
0.40
0.25
0.40
0.30
0.40
0.40
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
Maritime Industrial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offices
Public Buildings and Uses
Commercial Fishing
Light Industry
Heavy Industry
0.30
0.30
0.40
0.50
0.60
0.45
0.35
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
tMt 0.2
Military Facilities:
Military Uses
Commercial Retail:
Low intensity
Medium intensity
Offices
Public Buildings and Uses
0.50 0.2
0.30 0.2
0.30 0.2
0.40 0.2
0.30 0.2
Airport:
Airport Uses
0.10
Ri- 0.2
Parks and Refuge:
Public Buildings and Uses
0.20
0.9
fB *See additional open space ratio in this article: in accordance with
Section 9.5-343, the most restrictive of these ratios applies.
(2) NG .... None Given.
~ ill Where commercial uses are allowed as permitted usesj and no FAR
is givenj the maximum per lot stated in this division, "Permitted Uses"
shall prevail.
(1) See open Sp,Ke riJtios in table 9.5 262 for NiJtive.fl
4
(Ord. No. 33-2986, 9 9-309: Ord. No. 40-1987,9 77; Ord. No. 19-1989 9 1
(PD109))
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding
the amendment in compliance with Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of , A.D.,
2005.
Mayor Dixie M. Spehar
Mayor Pro Team Charles ltSonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie M. Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONAOE COUNTY Ai'1'OM!Y
APPROVED AS TO FORM
:)CJU
_ 1-t"L.:.1'/)"'.
Dale:
DEPUTY CLERK
5
HOCC STAFF REPORT
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
K. Marlene Conaway
DATE:
April 2S, 2005
MEETING DATE: May IS, 2005
RE: REVISIONS TO MONROE COUNTY CODE, SECTION 9.5-269, "MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE".
I BACKGROUND
The Monroe County Year 2010 Comprehensive Plan adopted in 1996 designates land use
densities and intensities as delineated in Policy 101.4.20. Policy 101.4.20 requires one or
more Open Space Ratios be assigned to each zoning category in the Monroe County Land
Development Regulations (LDR's). The LDR's were codified prior to the Year 2010
Comprehensive Plan and therefore certain inconsistencies exist between the two documents.
Section 9.5-269 of the LDR's, entitled "Maximum nonresidential land use intensities and
district open space" contains some inconsistencies with regard to the open space
requirements required by the Comprehensive Plan.
II ANALYSIS
Monroe County is designated as an "Area of Critical State Concern" and as such is governed
by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of
the Florida Statutes. The Year 2010 Comprehensive Plan has been deemed to be consistent
with 9J-5, 9J-12, and 163. Therefore, any Land Development Regulations that are
inconsistent with the Comprehensive Plan are inconsistent with the aforementioned chapters
of the F.A.C. and the Florida Statutes. Pursuant to 9J-5.006(3)( c)7 the Comprehensive Plan
shall establish standards for densities and intensities of use for each future land use category.
This amendment to Section 9.5-269 would remove any current inconsistencies with regard
to the Comprehensive Plan. By removing these inconsistencies the Planning Department
will further the following Principles for Guiding Development:
. To strengthen local government capabilities for managing land use and development
so that local government is able to achieve these objectives without the continuation
of the area of critical state concern designation; and
. To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife and their habitats; and
. To protect upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation, dune ridges and beaches, wildlife and their habitat; and
. To limit the adverse impacts of development on the quality of water throughout the
Florida Keys.
III FINDINGS OF FACT
1. A text amendment to Section 9.5-269 'maximum nonresidential land use intensities and
district open space' is needed to make the LDR consistent with the Comprehensive Plan.
2. Staff finds that the proposed changes are consistent with Section 9.5-511(d)(5)b.(v)
"recognition of a need for additional detail or comprehensiveness".
3. Staff finds the proposed changes to be consistent with the goals, objectives, and policies of
the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the proposed changes consistent with F.A.C. Chapters 9J-5 and 9J-12, Florida
Statutes, Chapter 163, and The Principles for Guiding Development
IV RECENT ACTION
Ordinance Number 041-2003 amended the Open Space Requirements of Section 9.5-262
maximum residential density and district open space, by replacing all the zero Open Space
Requirements with a minimum of .20 (20%). However, nonresidential open space
requirements were not amended at that time.
V PROPOSED TEXT
The following amendment to the Land Development Regulations, Section 9.5-269 as
requested by the Monroe County Planning Department is hereby amended to read as follows
(additions and deletions shown in underline and strikethrough format):
Strike through text is deleted
Underlined text is new
See next page.
Section 9.5-269. Maximum nonresidential land use intensities and district open space fB:
Land Use District
Maximum Floor Area Ratio
o.S.R. fit:
Urban Commercial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offices
Commercial Recreation
Institutional
Outdoor Recreational
Public Buildings
0.45
0.40
0.35
0.45
0.15
0.40
0.15
0.35
0.20
0.20
0.20
0.20
0.20
0.20
0.20
0.20
Urban Residential:
Institutional
Public Buildings and Uses
0.30
0.30
0.20
0.20
Urban Residential Mobile Home:
Commercial Retail:
Low intensity f31 ill 0.20
Medium intensity f31 ill 0.20
Offices f31 ill 0.20
Sub Urban Commercial:
Commercial Retail:
Low intensity 0.35 O.G~
Medium intensity 0.25 O.G~
High intensity 0.15 O.Gl
Offices 0.40 O.G~
Commercial Recreational 0.10 O.G~
Institutional 0.30 O.G~
Outdoor Recreational 0.10 O.G~
Public Buildings and Uses 0.30 O.G~
Light Industry 0.30 O.G~
Sub Urban Residential:
Commercial Retail:
Low intensity f31 ill 0.5
Medium intensity f31 ill 0.5
Offices f31 ill 0.5
Public Buildings and Uses 0.25 0.5
Institutional 0.25 0.5
Sparsely Settled:
Public Buildings and Uses 0.20 RtO.2
Native Area:
Public Buildings and Uses 0.20 ~0.2
Mainland Native Area:
Educational/Research Centers 0.30 f4r0.2
Improved Subdivision:
Commercial Retail:
Low intensity 0.25 f31 ill RtO.2
Medium intensity 0.20f37 ill RtO.2
Offices 0.25f37 ill RtO.2
Destination Resort:
Commercial Retail f31 ill 0.2
Institutional 0.30 -0.2
Recreational Vehicle:
Commercial Retail f31 ill RtO.2
Commercial Fishing Area:
Commercial Fishing 0.40 0.2
Light Industry 0.40 0.2
Commercial Retail:
Low intensity 0.40 0.2
Medium intensity DAD 0.2
Commercial Fishing Village:
Commercial Fishing 0.40 0.2
Commercial Fishing Special
Districts (All):
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
Commercial Fishing DAD 0.2
Light Industry 0.30 0.2
Mixed Use:
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
High intensity 0.15 0.2
Offices OAO 0.2
Commercial Recreational 0.10 0.2
Institutional 0.30 0.2
Outdoor Recreational 0.10 0.2
Public Buildings and Uses 0.30 0.2
Commercial Fishing 0.40 0.2
Light Industry 0.30 0.2
Industrial:
Light Industry DAD thG 0.2
Heavy Industry 0.25 thG 0.2
Public Buildings and Uses 0.40 thG 0.2
Restaurants 0.30 thG 0.2
Offices OAO thG 0.2
Commercial Fishing DAD thG 0.2
Maritime Industrial:
Commercial Retail:
Low intensity 0.30 thG 0.2
Medium intensity 0.30 thG 0.2
High intensity 0.40 thG 0.2
Offices 0.50 tHt 0.2
Public Buildings and Uses 0.60 thG 0.2
Commercial Fishing OA5 tHt 0.2
Light Industry 0.35 thG 0.2
Heavy Industry
Military Facilities:
Military Uses 0.50 0.2
Commercial Retail:
Low intensity
Medium intensity
Offices
Public Buildings and Uses
0.30
0.30
0040
0.30
0.2
0.2
0.2
0.2
Airport:
Airport Uses
0.10
t21 0.2
Parks and Refuge:
Public Buildings and Uses
0.20
0.9
fB *See additional open space ratio in this article: in accordance with Section 9.5-
343/ the most restrictive of these ratios applies.
(2) NG "" None Given.
f31 ill Where commercial uses are allowed as permitted uses, and no FAR is given,
the maximum per lot stated in this division, "Permitted Uses" shall prevail.
(4) See open Sp;Jce r;Jtio$ in t;Jble 9.5 262 for N;Jtl\fc./1
(Ord. No. 33-2986/ S 9-309: Ord. No. 40-1987/ S 77; Ord. No. 19-1989 S 1 (PD109))
VI RECOMMENDED ACTION:
Based on the Findings of Fact and Conclusions of Law and the recommendations of
Planning Staff and the Development Review Committee, the Planning Commission
recommends APPROVAL to the Monroe County Board of County Commissioners for the
proposed amendment to Section 9.5-269 of the Land Development Regulations.
DRAFT PLANNING COMMISSION RESOLUTION # P -05
DRAFT PLANNING COMMISSION RESOLUTION NO. P -05
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE LAND
DEVELOPMENT REGULATIONS, SECTION 9.5-269 MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE.
WHEREAS, the Monroe County Planning and Environmental Resources Department
recognizes the need to remove existing inconsistencies between the Monroe County Year 2010
Comprehensive Plan and the Land Development Regulations; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan adopted m 1996
designates land use densities and district open spaces in Policy 101.4.21; and; and
WHEREAS, the Land Development Regulations were codified prior to the adoption of the
2010 Comprehensive Plan and contain certain inconsistencies with regard to nonresidential district
open space designations ; and
WHEREAS, the amendment to Section 9.5-269 would remove the existing inconsistencies
between the Land Development Regulations and the Year 2010 Comprehensive Plan; and
WHEREAS, Monroe County is designated as an "Area of Critical State Concern" and as
such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and
Chapter 163 of the Florida Statutes; and
WHEREAS, the Planning Commission adopted the following Findings of Fact:
1. A text amendment to Section 9.5-269 'maximum nonresidential land use intensities
and district open space' is needed to make the LOR consistent with the
Comprehensive Plan.
2. Staff finds that the proposed changes are consistent with Section 9.5-51 I (d)(5)b.(v)
"recognition of a need for additional detail or comprehensiveness".
3. Staff finds the proposed changes to be consistent with the goals, objectives, and
policies of the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the proposed changes consistent with F.A.C. Chapters 9J-5 and 9J-12,
Florida Statutes, Chapter 163, and The Principles for Guiding Development.
WHEREAS, the Board of County Commissioners passed and adopted Ordinance Number
041-2003 amending Section 9.5-262 maximum residential density and district open space, by
replacing all the zero Open Space Requirements with a minimum of .20 (20%); and
WHEREAS, the text change was reviewed and recommended for approval to the Planning
Commission at the Development Review Committee public meeting held on March 24, 2005;
WHEREAS, the text amendment was reviewed and approved by the Monroe County
Plaooing Commission, during a regular public meeting held on April 27, 2005; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend
APPROVAL to the Monroe County Board of County Commissioners of the following amendment
to Section 9.5-269 ofthe Land Development Regulations and is hereby amended to read as follows
(additions and deletions shown in underline and strikethrough format):
Strike through text is deleted
Underlined text is new
Section 9.5-269. Maximum nonresidential land use intensities and district open space fl);:
Land Use District
Maximum Floor Area Ratio
OSR. fl1.:
Urban Commercial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offices
Commercial Recreation
Institutiona I
Outdoor Recreational
Public Buildings
OA5
OAO
0.35
OA5
0.15
OAO
0.15
0.35
0.20
0.20
0.20
0.20
0.20
0.20
0.20
0.20
Urban Residential:
Institutional
Public Buildings and Uses
0.30
0.30
0.20
0.20
Urban Residential Mobile Home:
Commercial Retail:
Low intensity
Medium intensity
Offices
f31 ill
f31 ill
f31 ill
0.20
0.20
0.20
Sub Urban Commercial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offices
Commercial Recreational
Institutiona I
Outdoor Recreational
Public Buildings and Uses
Light Industry
0.35
0.25
0.15
OAO
0.10
0.30
0.10
0.30
0.30
O.G2.
O.G2.
O.G~
O.G~
O.G2.
O.G2.
O.G~
O.G2.
O.G2.
Sub Urban Residential:
Commercial Retail:
Low intensity f3:1 ill 0.5
Medium intensity f3:1 ill 0.5
Offices f3:1 ill 0.5
Public Buildings and Uses 0.25 0.5
Institutional 0.25 0.5
Sparsely Settled:
Public Buildings and Uses 0.20 -R-1 0.2
Native Area:
Public Buildings and Uses 0.20 ~0.2
Mainland Native Area:
Educational/Research Centers 0.30 ~0.2
Improved Subdivision:
Commercial Retail:
Low intensity 0.25 f3t ill -R-1 0.2
Medium intensity 0.20f3:1 ill -R-1 0.2
Offices 0.25f3:1 ill -R-1 0.2
Destination Resort:
Commercial Retail f3t ill 0.2
Institutional 0.30 -0.2
Recreational Vehicle:
Commercial Retail f3:1 ill -R-1 0.2
Commercial Fishing Area:
Commercial Fishing 0.40 0.2
Light Industry 0.40 0.2
Commercial Retail:
Low intensity 0.40 0.2
Medium intensity 0.40 0.2
Commercial Fishing Village:
Commercial Fishing 0.40 0.2
Commercial Fishing Special
Districts (All):
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
Commercial Fishing 0.40 0.2
Light Industry 0.30 0.2
Mixed Use:
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity
High intensity
Offices
Commercial Recreational
Institutional
Outdoor Recreational
Public Buildings and Uses
Commercial Fishing
Light Industry
0.25
0.15
0.40
0.10
0.30
0.10
0.30
0.40
0.30
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
Industrial:
Light Industry
Heavy Industry
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
0.40
0.25
0.40
0.30
0.40
0.40
{h-f} 0.2
{h-f} 0.2
{h-f} O. 2
{h-f} O. 2
{h-f} 0.2
{h-f} 0.2
Maritime Industrial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offi ces
Public Buildings and Uses
Commercial Fishing
Light Industry
Heavy Industry
0.30
0.30
0.40
0.50
0.60
0.45
0.35
{h-f} 0.2
{h-f} 0.2
{h-f} O. 2
{h-f} 0.2
{h-f} 0.2
{h-f} 0.2
{h-f} 0.2
Military Facilities:
Military Uses
Commercial Retail:
Low intensity
Medium intensity
Offices
Public Buildings and Uses
0.50 0.2
0.30 0.2
0.30 0.2
0.40 0.2
0.30 0.2
Airport:
Airport Uses
0.10
-R1 0.2
Parks and Refuge:
Public Buildings and Uses
0.20
0.9
t+1 *See additional open space ratio in this article: in accordance with Section 9.5-
343, the most restrictive of these ratios applies.
(2) NG "" None Given.
f3-1 ill Where commercial uses are allowed as permitted uses, and no FAR is given,
the maximum per lot stated in this division, "Permitted Uses" shall prevail.
(1) See open Sp<:lce r<:ltios in t<:lble 9.5 262 for N<:ltivc."
(Ord. No. 33-2986, ~ 9-309: Ord. No. 40-1987, ~ 77; Ord. No. 19-1989 ~ 1 (PD109))
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 27th day of April, 2005.
Lynn C. Mapes, Chair
Denise Werling, Vice Chair
Julio Margalli, Commissioner
James D. Cameron, Commissioner
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
YES
YES
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA
By
Lynne C. Mapes, Chair
Signed this
day of
,2005
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D -05
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. -05
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING
COMMISSION OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO AMEND THE LAND
DEVELOPMENT REGULATIONS, SECTION 9.5-269 MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE.
WHEREAS, the Monroe County Planning and Environmental Resources Department
recognizes the need to remove existing inconsistencies between the Monroe County Year 2010
Comprehensive Plan and the Land Development Regulations; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan adopted In 1996
designates land use densities and district open spaces in Policy 101.4.21; and; and
WHEREAS, the Land Development Regulations were codified prior to the adoption of the
2010 Comprehensive Plan and contain certain inconsistencies with regard to nonresidential district
open space designations; and
WHEREAS, the amendment to Section 9.5-269 would remove the existing inconsistencies
between the Land Development Regulations and the Year 2010 Comprehensive Plan; and
WHEREAS, Monroe County is designated as an "Area of Critical State Concern" and as
such is governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and
Chapter 163 of the Florida Statutes; and
WHEREAS, the Development Review Committee adopted the following Findings of Fact
1. A text amendment to Section 9.5-269 'maximum nonresidential land use intensities
and district open space' is needed to make the LDR consistent with the
Comprehensive Plan.
2. Staff finds that the proposed changes are consistent with Section 9.5-511 (d)(5)b.(v)
"recognition of a need for additional detail or comprehensiveness".
3. Staff finds the proposed changes to be consistent with the goals, objectives, and
policies of the Monroe County Year 2010 Comprehensive Plan.
4. Staff finds the proposed changes consistent with F.A.C. Chapters 9J-5 and 9J-12,
Florida Statutes, Chapter 163, and The Principles for Guiding Development.
WHEREAS, the Board of County Commissioners passed and adopted Ordinance Number
041-2003 amending Section 9.5-262 maximum residential density and district open space, by
replacing all the zero Open Space Requirements with a minimum of .20 (20%); and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support its
decision to recommend APPROVAL to the Monroe County Planning Commission of the proposed
text amendment to Section 9.5-269 of the Land Development Regulations to read as follows
(additions and deletions shown in underline and strikethrough format):
Strike through text is deleted
Underlined text is new
Section 9.5-269. M'aximum nonresidential land use intensities and district open space 00:
Land Use District Maximum Floor Area Ratio OS.R. ei:
Urban Commercial:
Commercial Retail:
Low intensity 0.45 0.20
Medium intensity 0.40 0.20
High intensity 0.35 0.20
Offices 0.45 0.20
Commercial Recreation 0.15 0.20
Institutional 0.40 0.20
Outdoor Recreational 0.15 0.20
Public Buildings 0.35 0.20
Urban Residential:
Institutional 0.30 0.20
Public Buildings and Uses 0.30 0.20
Urban Residential Mobile Home:
Commercial Retail:
Low intensity f37 ill 0.20
Medium intensity f37 ill 0.20
Offices f37 ill 0.20
Sub Urban Commercial:
Commercial Retail:
Low intensity 0.35 0.B-2.
Medium intensity 0.25 0.B-2.
High intensity 0.15 0.B-2.
Offices 0.40 0.B-2.
Commercial Recreational 0.10 0.B-2.
Institutional 0.30 0.B-2.
Outdoor Recreational 0.10 0.B-2.
Public Buildings and Uses 0.30 0.B-2.
Light Industry 0.30 0.B-2.
Sub Urban Residential:
Commercial Retail:
Low intensity f37 ill 0.5
Medium intensity f37 ill 0.5
Offices f37 ill 0.5
Public Buildings and Uses 0.25 0.5
Institutional 0.25 0.5
Sparsely Settled:
Public Buildings and Uses 0.20 R70.2
Native Area:
Public Buildings and Uses 0.20 f4r0.2
Mainland Native Area:
Educational/Research Centers 0.30 f4r0.2
Improved Subdivision:
Commercial Retail:
Low intensity 0.25 f37 ill R70.2
Medium intensity 0.20f37 ill f27 0.2
Offices 0.25f37 ill f27 0.2
Destination Resort:
Commercial Retail f31 ill 0.2
Institutional 0.30 -0.2
RecreationaIVehic/e:
Commercial Retail f37 ill R70.2
Commercial Fishing Area:
Commercial Fishing 0040 0.2
Light Industry DAD 0.2
Commercial Retail:
Low intensity 0040 0.2
Medium intensity 0040 0.2
Commercial Fishing Village:
Commercial Fishing 0040 0.2
Commercial Fishing Special
Districts (AI/):
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
Commercial Fishing 0040 0.2
Light Industry 0.30 0.2
Mixed Use:
Commercial Retail:
Low intensity 0.35 0.2
Medium intensity 0,25 0.2
High intensity 0,15 0.2
Offices 0040 0.2
Commercial Recreational 0.10 0.2
Institutional
Outdoor Recreational
Public Buildings and Uses
Commercial Fishing
Light Industry
0.30
0.10
0.30
DAD
0.30
0.2
0.2
0.2
0.2
0.2
Industrial:
Light Industry
Heavy Industry
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
DAD
0.25
DAD
0.30
DAD
DAD
&:-G 0.2
&:-G 0.2
&:-G 0.2
&:-G 0.2
&:-G 0.2
&:-G 0.2
Maritime Industrial:
Commercial Retail:
Low intensity
Medium intensity
High intensity
Offices
Public Buildings and Uses
Commercial Fishing
Light Industry
Heavy Industry
0.30
0.30
DAD
0.50
0.60
0045
0.35
&:-G 0.2
&:-G 0.2
&:-G 0.2
&:-G0.2
&:-G0.2
&:-G0.2
&:-G0.2
Military Facilities:
Military Uses
Commercial Retail:
Low intensity
Medium intensity
Offices
Public Buildings and Uses
0.50 0.2
0.30 0.2
0.30 0.2
DAD 0.2
0.30 0.2
Airport:
Airport Uses
0.10
f2:1 0.2
Parks and Refuge:
Public Buildings and Uses
0.20
0.9
fB *See additional open space ratio in this article: in accordance with Section 9.5-
343, the most restrictive of these ratios applies.
(2) NC ... None Given.
fB ill Where commercial uses are allowed as permitted uses, and no FAR is given,
the maximum per lot stated in this division, "Permitted Uses" shall prevail.
(1) See open Sp~ce r~tios in t~ble 9.5 262 for N~tj\/e. "
(Ord. No. 33-2986, 9 9-309: Ord. No. 40-1987,9 77; Ord. No. 19-1989 9 1 (PD109))
PASSED AND ADOPTED by the Development Review Committee of Monroe County at a
regular meeting held on the 5th day of April, 2005.
Aref Joulani, Senior Administrator of Development Review YES
Heather Beckmann, Planner YES
Ralph Gouldy, Sr. Administrator of Environmental Resources YES
David Dacquisto, Director of Island Planning YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA
By
Aref Joulani, DRC Chair
Signed this
day of
,2005