Item S1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21. 2005
Division:
Growth Management
Bulk Item: Yes
No -1L-
Department: Plannning and Environmental Res.
Staff Contact Person: Timothy J. McGarrv
AGENDA ITEM WORDING:
Public hearing on an Ordinance to amend Sections 9.5-233 Urban Residential District (UR), 9.5-234
Urban Residential Mobile Home District (URM), 9.5-236 Sub Urban Residential District (SR), 9.5-238
Sparsely Settled District (SS), 9.5-239 Native Area District (NA), and 9.5-242 Improved Subdivision
District (IS) of the Monroe County Code to vest certain lawfully established non-residential uses made
non-conforming by the 2010 Comprehensive Plan.
(Second of two public hearings)
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment. The Development Review Committee and the
Planning Commission recommended approval of the amendments.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -1L- OMB/Purchasing_ Risk Ma#gement ~
I/!
DOCUMENTATION:
Included X
p
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTIONS 9.5-233 URBAN
RESIDENTIAL DISTRICT (UR), 9.5-234 URBAN RESIDENTIAL-
MOBILE HOME DISTRICT (URM), 9.5-236 SUB URBAN RESIDENTIAL
DISTRICT (SR), 9.5-238 SPARSELY SETTLED DISTRICT (SS), 9.5-239
NATIVE AREA DISTRICT (NA), 9.5-242 IMPROVED SUBDIVISION
DISTRICT (IS) OF THE MONROE COUNTY CODE, TO IMPLEMENT
POLICIES 101.4.1, 101.4.2, 101.4.3, 101.4.4 OF THE COMPREHENSIVE
PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL CODE PROVISIONS AND ORDINANCES
INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR
THE TRANSMITTAL OF THIS ORDINANCE TO THE STATE
DEPARTMENT OF COMUMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE UPON APPROVAL OF THIS
ORDINANCE BY THE STATE DEPARTMENT OF COMl\1UNITY
AFFAIRS.
WHEREAS, Policies 10 1.4.1, 10 1.4.2, 10 1.4.3, and 101.4.4 of the Monroe County 2010
Comprehensive Plan mandate the adoption of land development regulations which allow
nonresidential uses that were listed as permitted uses in the Land Development Regulations
(LDRs) that were in effect immediately prior to the institution of the 2010 Comprehensive Plan
(pre-2010 LDRs), and that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and/or substantially improve provided that the uses are limited in intensity,
floor area, density and to the type of use that existed on January 4, 1996 or limited to what the
pre-20 1 0 LDRs allowed, whichever is more restrictive, and
WHEREAS, the current land development regulations do not recognize, respect, or allow
nonresidential uses that have historically provided goods and services to the community, which
are considered to be compatible with surrounding land uses according to community standards
and have not created a nuisance, to redevelop, reestablish or make substantial improvements, and
WHEREAS, the inability of owners of recognized and respected nonresidential uses rendered
nonconfonning by the 2010 comprehensive plan to redevelop and make substantial
improvements to these structures has caused the continual degradation of the quality and safety
of the structures over time, and
WHEREAS, numerous workshops were held to define the public's interest regarding the issue
of nonresidential uses rendered nonconforming by the 20 I 0 comprehensive plan, which
prohibited redevelopment, reestablishment, and substantial improvements to be made to
properties, resulting in a reluctance of property owners to make reinvestments in their businesses
without reassurance that they could redevelop, reestablish, or make substantial improvements to
their businesses after a natural disaster, and
WHEREAS, without the reassurance of the ability to redevelop, reestablish, and make
substantial improvements, in the aftermath of a hurricane, to recognized and respected businesses
Page] Of]3
lawfully existing before the adoption of the 2010 comprehensive plan, the decaying structures in
which nonconforming uses are located will continue to degrade neighborhoods and community
character, and
WHEREAS, citizens have expressed a concern about how the degradation of recognized and
respected nonconforming, nonresidential uses will negatively impact their neighborhoods and the
quality of life in the Keys in general, and
WHEREAS, this amendment will provide an incentive for reinvestment and redevelopment, and
WHEREAS, in light of the public's interest in preserving community character and the
economic viability of recognized and respected nonconforming businesses as expressed in their
concerns at public workshops, text amendments to Policies 101.4.1, 101.4.2, 101.4.3, and
101.4.4 of the 2010 comprehensive plan were adopted by the Monroe County Planning
Commission and Board of County Commissioners to grandfather the nonconfbrmities, and were
found In Compliance by the Florida Department of Community Affairs (DCA), and
WHEREAS, there was no public challenge or opposition to the proposed comprehensive plan
amendments to grandfather nonresidential uses rendered nonconforming by the 2010
comprehensive plan, and
WHEREAS, this amendment is consistent with the Principles For Guiding Development in the
Florida Keys Area of Critical State Concern as a whole and is not inconsistent with any
principle, and
WHEREAS, policies to grandfather nonresidential uses in certain land use districts are now in
effect, and
WHEREAS, this amendment to the Land Development Regulations implements Policies
10 1.4.1, 101.4.2, 101.4.3, and 10 1.4.4 of the Monroe County 2010 comprehensive plan which
recognize and respect nonresidential uses lawfully established under the pre-1996 LDRs and pre-
2010 comprehensive plan that were rendered nonconforming by the 2010 comprehensive plan to
develop, redevelop, reestablish, and make substantial improvements limited to the intensity,
density and types afuses permitted in the pre 1996 LDRs and pre 2010 Comprehensive Plan for
the Land Use Districts in which they were located on or before January 4, 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS that the preceding Findings of Fact and Conclusions of Law
support its decision to APPROVE amendments to the Monroe County Code, Article VII.
Division 2, as follows;
PROPOSED TEXT CHANGES are presented 111 strikethrough to indicate deletions and
underline to indicate additions.
Section 1. Amend Section 9.5-233 URBAN RESIDE::NTIAL DISTRICT (UR) as follows:
(c)( 1 ) ~Aarini1s, pro\'ided that:
Page 2 of 13
u. The parcel proposed for development has access to ',J;nter at least four (4) feet belo'.v
mean sea level at meanlo'v'; tide;
b. The sale of goods and services is limited to fuel, food, boating, diving, and sport
fishing producers;
c. All outside storage areas are screened from adjacent uses by a solid fence, '..vall or
hedge at least SiK (6) feet in height;
d. Vessels docked or stored shall not be used for live aboard purposes;
(c)~ ill
(c)fBJ11
(c) 81m
(d) The following lawfully established nonresidential uses in the Urban Residential Land Use
District. which were rendered nonconforming bv the 20 I 0 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) and lawfullv existed on such lands
on January 4, 1996, which are damaged or destroyed mav 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 article III, division 3.:
( 1 ) Marinas, provided that:
a. The parcel has access to water at least four (4) feet below mean sea level at mean
low tide;
b. The sale of goods and services is limited to fuel, food. boating. diving, and sport
fishing producers;
c. All outside storage areas are screened from adjacent uses bv a solid fence. wall or
hedge at least six (6) feet in height;
d. Vessels docked or stored shall not be used for live-aboard purposes; and
g. The use is limited in intensitv, 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 maior
conditional uses allowed in the pre-1996 LDRs for this district, whichever is more
restrictive.
Section 2. Amend Section 9.5-234 URBAN RESIDENTIAL-MOBILE HOME DISTRICT
(URM) as follows;
(c)(1 ) Marinas, pro'v'ided that:
a. The parcel has access to water at least four (1) feet belo'.'.' mean sea level at mean
10\\ tide;
b. The sale of goods and ser'."ices is limited to fueL food, boating, diving, and sport
fishing producers;
c, Vessels docked or stored shall not be used for live aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six (6) feet in height;
(c )(2) Commercial retail of 10',1,' und medium intensity or office uses or any combination
thereof of less than t'.'."cnty five hundred (2,500) square feet of floor area, provided that:
Page 3 of 13
a. The parcel of land on \','hich the commercial retail use is to be located abuts the
right of way of U.S. I, or a dedicated right of ',"'a)" to StT\'C as a frontage road for U.S. I;
b. The structure must be located \vithin t',',o hundred (200) feet of the centerline of U.S.
+t
c. The commercial retail use does not involve the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of goods
or merchandise '.vith the exception that outside sales and display for nurseries may be
permitted 'Nith the stipulation that required open space and required buffer yards may not
be used for display and sales;
e. There is no direct access to U.S. 1 from the parcel of land on 'shich the commercial
retail use is to be located;
f. The structure in ',,,hieh the commercial retail use is to be located is separated from
the U.S. 1 right of v,cay by a class C buffer yard;
g. The structure in '.vhich the commercial retail use is to be located is separated from
any existing residential stru-cturo by a class C buffer yard; and
h. No signage other than one (1) identification sign of no more than four (4) square feet
shall be placed in any yard or on the ';,'all of the structure in 'l,'bich the commercial retail
use is to be located m(cept for the yard or wall that abuts the right of "vay for U.S, 1;
(c) ~ ill
(c) E41 Q)
( c)-f.B ill
(d) The following lawfully established nonresidential uses in the Urban Residential-Mobile
Home 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 LDR's) and
lawfully existed on such lands on Januarv 4, 1996. which are damaged or destroyed mav 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
article III. division 3.:
(1) Marinas. provided that:
a. The parcel has access to water at least four (4) feet below mean sea
level at mean low tide:
b. The sale of goods and services IS limited to fuel. food. boating.
diving. and sport fishing producers:
c. Vessels docked or stored shall not be used for live-aboard purposes:
d. All outside storage areas are screened from adjacent uses by a solid
fence. wall or hedge at least six (6) feet in height: and
e. The use is limited in intensity. floor area. density and to the type of
use that existed on Januarv 4. 1996 or limited to the permitted uses and/or
the provisions for minor or maior conditional uses allowed in the pre-l 996
LDR's for this district. whichever is more restrictive.
Page 4 of]3
(2) Commercial retail of low- and medium-intensitv or offIce uses or any
combination thereof of less than twenty-five hundred (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-wav 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
displav 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 buffer-yards mav 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. I right-of-way by a class C buffer-vard:
e. The structure in which the commercial retail use is to be located is
separated from any existing residential structure by a class C buffer-vard:
f. No signage other than one (I) identification sign of no more than four
(4) square feet shall be placed in anv 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, Hoar area. density and to the tvpe of
use that existed on January 4. 1996 or limited to the permitted uses and/or
the provisions for minor or maior conditional uses allowed in the pre-I 996
LDR's for this district. whichever is more restrictive.
Section 3. Amend Section 9.5-236 SUB URBAN RESIDENTIAL DISTRICT (SR) as
follows;
(b)( 1) Commercial retail of 10'.',' and medium intensit), or office uses or any combination
thereof of less than t\venty five hundred (2,500) square feet of Hoar area, provided that:
a. The parcel of land on v.hich the commercial retail use is to be located abuts the right of "vay
of lJ .S. 1, or a dedicated right of way to :;er\'e as a frontage road for C .S. I;
b. The structure must be located \"vithin t'o';o hundred (200) feet of the centerline of U.S. 1;
c. The commercial retail use does not invobe the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of goods or
merchandise ",'.'ith the exception that outside sales and display for nurseries may be permitted
',,.,,ith the stipulation that required open space and required buffer yards may not be used for
display and sales;
Page 5 of]3
e. There is no direct access to U.S. 1 from the parcel of land on which the commercial retail
use is to be located;
f. The structure in '..'.'hich the commercial retail use is to be located is separated from the U.S. 1
right of way by a class C buffer yard;
g. The structure in '.';hich the commercial retail use is to be located is separated from any
existing residential structure by a class C buffer yard; and
h. No signage other than one (1) identification sign of no more than four (4) square feet shall
be placed in any yard or on the '.vall of the structure in which the commercial retail use is to be
located except for the yard or '.vall that abuts the right of '.vay tor U .8. 1;
(b) ~ ill
(b) wru
(b) f+) @
(b) f81 ill
(b) f9-HID
(b) flO-) (2}
(c)(3) Marinas, provided that:
a. The parcel proposed for de'/elopment has access to water at least four (4) feet belm\' mean
sea lC'.'el at mean 1m\' 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. L\ll boat storage is limited to surface storage on trailers or skids and no boats or other
equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for li'.'c aboard purposes;
e. L"..II outside storage arcus are screened from adjacent uses by a solid fence, Viall or hedge at
least six (6) feet in height; and
f. The purcel proposed for development is separated from any established residential use by a
class C buffer yard;
(c) (41 ill
(c) f3li1l
(c) (6j Q)
(c) f+)@
(c) f81 ill
( c ) f9) ffil
Cd) The following lawfully established nonresidential uses in the Suburban Residential Land Use
District, which were rendered nonconfonning bv 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) 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 maior conditional use,
subiect to the standards and procedures set forth in article III, division 3.
Page 6 of 13
(l) Commercial retail of low- and medium-intensity 01' office uses or anv
combination thereof of less than twenty-five hundred (2.500) square teet 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-wav 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 mav be permitted with the stipulation that required
open space and required buffer-yards may not be used for display and
sales:
e. 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 buffer-yard:
f. The structure in which the commercial retail use is to be located is
separated from anv existing residential structure by a class C buffer-yard;
g. No signage other than one (1) identification sign of no more than four
(4) 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-wav for U. S. 1: and
(1) The use is limited in intensity. floor area. densitv 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 maioI' conditional uses allowed in
the pre-l 996 LDRs for this district. whichever is more restrictive.
(2) Marinas. provided that:
a. The parcel has access to water 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 boats or other equipment is stored on anv elevated rack frame or
structure;
d. Vessels docked or stored shall not be used for live-aboard purposes;
Page 7 of 13
e. All outside storage areas are screened from adiacent uses bv a solid
fence. wall or hedge at least six (6) feet in height:
f. The parcel is separated from any established residential use by a class
C buffer-yard: and
(g) The use is limited in intensitv. 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 maior conditional uses allowed in the pre-1996
LDR's for this district. whichever is more restrictive.
Section 4. Amend Section 9.5-238 SPARSELY SETTLED DISTRICT (SS) as follows;
(c )(2) )'<1urinas, provided that:
a. The parcel proposed for de'.clopment has access to '.vater at least four ('1) feet below
mean sea level at mean low tide;
b. The use does not involve the sale of goods or ser/ices other than boat dockage and
storage;
c. fJI boat storage is limited to surface storage on trailers or skids and no boats or other
equipment is stored on any elt~Yated rack, frame or structure;
d. Vessels docked or stored shall not be used for live aboard purposes:
e. :\11 outside storage areas are screened from adjacent uses by a solid fence, ',vall or
hedge at least six (6) feet in height; and
f. The purcel proposed for development is separated from any established residential
use by a class C buffer yurd;
(c)( 1) Solid Vlaste facility, provided thot:
a. The purcel ofland proposed for development is ot least forty (10) acres;
b. fJI landfill octi,.ity occurs no closer than one hundred fifty (150) feet to any
property line and at least a class F buffer is provided v;ithin this setback;
c. No fill shall exceed thirty five (35) feet in height from the original grade of the
property;
d. Such operations fully comply viith F.S. S 103.701 et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adverse!:;: affect surrounding
properties; and
g. Road occess to the side from U.S. 1 is limited to traffic serving the landfill;
(c) w ill
( c)-f.B ill
(c)~ ffi
(c) f1} W
(d) The following lawfully established nonresidential uses in the Sparsely Settled Land Use
District. which were rendered nonconforming bv 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-201O LDRs) and lawfully existed on such lands
on January 4. 1996. which are damaged or destroved may be permitted to be redeveloped, make
Page 8 of 13
substantial improvements. or be reestablished as an amendment to a maior conditional use.
subiect to the standards and procedures set forth in article III, division 3.:
(I) Marinas. provided that:
a. The parcel has access to water 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 boat
dockage and storage:
c. All boat storage is limited to surface storage on trailers or skids and no boats
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 adiacent uses by a solid fence,
wall or hedge at least six (6) feet in height: and
f. The parcel is separated from any established residential use by a class C
buffer-yard: and
g. The use is limited in intensity. floor area, densitv and to the tvpe of use that
existed on January 4. 1996 or limited to the permitted uses and/or the provisions
for minor or maior conditional uses allowed in the pre-l 996 LDRs for this district.
whichever is more restrictive.
(2) Solid waste facilitv, provided that:
a. The parcel of land is at least f0l1y (40) acres:
b. All landfill activity occurs no closer than one hundred fifty (150) feet to any
property line and at least a class F buffer is provided within this setback;
c, No fill shall exceed thirty-five (35) feet in height from the original grade of
the property;
d. Such operations fully comply with F.S. S 403.701 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: and
g. Road access to the side from D.S, I 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 pernlitted uses and/or the provisions
for minor or maior conditional uses allowed in the pre-1996 LDRs for this district.
whichever is more restrictive.
Section 5. Amend Section 9.5-239 NATIVE AREA DISTRICT (NA) as follows;
(c)(2) Marinas, provided that:
a, The parcel proposed for development hus access to '.vater at least four (1) feet below
mean sea level at mcunlow tide;
b. The use does not involyc the sale of goods or services other than bout dockage and
storage;
c. ;\11 bout storage is limited to surface storage on trailers or skids and 110 boats or other
equipment is stored on al1)' elevated rack, frame or structure;
Page 9 of 13
d. Vessels docked or stored shall not be used for live aboard purposes;
e. ;,'.II outside storage are us arc screened from adjacent uses by a solid fence, wall or
hedge at least six (6) feet in height; and
f. The parcel proposed for de'.'clopment is separated from nny established residential
use by a class C buffer yard;
(c )(3) Solid 'suste facility, provided that:
a. The parcel of land proposed for development is at least forty (40) acres;
b. ,AJI landfill acti';ity occurs no closer than one hundred fifty (150) feet to any
property line and at least a class F buffer is provided \vithin this setback;
c. No fill shall exceed thirty five (35) feet in height from the original grade of the
property;
d. Such operations fully comply '.'."ith F.S. S 403.701 et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not ad','crsely affect surrounding
properties; and
g, Road access to the side from U.S. 1 is limited to traffic serving the landfill;
(c) f4j ill
(c) f;B w
(c) ~ ill
(d) The following lawfullv established nonresidential uses in the Native Area 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-201O LDR's) and lawfully existed on such lands on
January 4. 1996, which are damaged or destroyed mav 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 article III. division 3.
(1) Marinas. provided that:
a. The parcel has access to water 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 boat
dockage and storage:
c. All boat storage is limited to surface storage on trailers or skids and no boats
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: and
f. The parcel is separated from anv established residential use by a class C
buffer-vard: 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 maior conditional uses allowed in the pre-l 996 LDRs for this district.
whichever is more restrictive.
Page 10 of 13
(2) Solid waste facilitv. provided that
a. The parcel of land is at least forty (40) acres:
b. All landfill activity occurs no closer than one hundred fiftv (150) feet to any
propertv line and at least a class F buffer is provided within this setback:
c. No fill shall exceed thirty-five (35) feet in height from the original grade of
the property:
d. Such operations fully comply with F.S. ~ 403.701 et seq.:
e. A future reclamation plan for the landfill site is presented;
f The incinerator is located so that its operations do not adverselv affect
sunounding properties: and
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, densitv 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 maior conditional uses allowed in the pre-l 996 LDRs for this district
whichever is more restrictive.
Section 6. Amend Section 9.5-242 IMPROVED SUBDIVISION DISTRICT (IS) as follows;
(d)(1) Commercial rctail of lo\'/ and medium intensity or office uses or any combination
thereof of less than t"vent)' five hundred (2,500) squore feet of floor area, provided that:
n. The parcel of land on 'I,'hich the commercial retail use is to be located abuts the right of way
of U.S. 1, or a dedicated right of '.vay to serve as a frontage road for U.S. 1;
b. The structure must be located v,'ithin tv/O hundred (200) feet ofthe centerline of U.S. 1;
c. The commercial retail use does not inyolve the sale of petrolewn products;
d. The commercial retail use does not involve the outside storage or display of goods or
merchandise;
e. There is no direct access to U.S. 1 from the parcel of land on 'Nhich the commercial retail
use is to be located;
f. The structurc in which the commercial retail use is to be located is separated from the U.S. 1
right of '.vay by a class C buffer yard:
g. The structure in '.vhich the commercial retail use is to be located is separated from any
existing residential structure by a class C buffer yard; and
h. No signage other than one (1) identification sign of no more than four (1) square feet shall
be placed in any yard or on the '.vall of the structure in '.vhich the commercial retail use is to be
located except for the yard or wall that abuts the right of '.vay for U. S. 1.;
(d)~W
(d) f.4 ill
(d) f4j ill
(e) The following lawfully established nonresidential 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 immediatelv prior to the
institution of the 2010 Comprehensive Plan (pre-20 10 LDRs) and lawfully existed on such lands
on January 4. 1996. which are damaged or destroved may be permitted to be redeveloped, make
substantial improvements, or be reestablished as an amendment to a maior conditional use,
subject to the standards and procedures set forth in article III, division 3.
Page II of] 3
(1) Commercial retail of low~ and medium~intensity or office uses or any combination
thereof of less than twenty-five hundred (2.500) square feet of floor area, provided that:
a. The parcel of land on which the commercial rctail use is to be located abuts
the right-of-wav of U. S. 1. or a dedicated right-or-wav to serve as a frontage road
for U.S. 1:
b. The structure must be located within two hundred (200) teet of the centerline
of U.S. 1:
c, The commercial retail use does not involve the sale of petroleum products:
d. The commercial retail use does not involve the outside storage or display of
goods or merchandise:
e. There is no direct access to U.S. 1 from the parcel of land on which the
commercial retail use is to be located:
f. 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 buffer~vard:
g. The structure in which the commercial retail use is to be located is separated
from any existing residential structure by a class C bufler~yard: and
h. No signage other than one (1 ) identification sign of no more than four (4)
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 vard or wall that abuts the
right-of-way for U.S. ]:
i. 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 maior conditional uses allowed in the pre~ 1996 LDRs for this district,
whichever is more restrictive.
Section 7. Severability. The provisions of this Ordinance are declared to be severable and ifany
section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutionaL such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 8. Repeal of Conflicting Provisions. The provisions of the Monroe County Code and
all ordinances or parts of ordinances in conflict "vith the provisions of this Ordinancc are hereby
repealed.
Section 9. Inclusion in the Code. It is the intention of the Monroe County Board of County
Commissioners and it is hereby ordained that the provisions of this Ordinance shall become and
be made a part of the Monroe County Code, that the sections of the Ordinance may be
renumbered or re-Iettered to accomplish such intentions.
Section 10. Approval by the State Department of Community Affairs. The County Clerk is
authorized to forward a copy of this Ordinance to the State Department of Community Affairs
for approval pursuant to Chapter 380, Florida Statutes.
Section 11. Effective Date. This Ordinance shall be effective immediately upon approval by the
State Department of Community Affairs pursuant to Chapter 380. Florida Statutes,
Page 12 of 13
PASSED AND ADOPTED by the Board of County Commissioners OF Monroe County, Florida at
a regular meeting held on the day of ,2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murry Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
Page 13 of 13
MEMORANDUM
....:.
....::: ......:.. :...:.....:..:.:..< .:.... ..)i. ....:...................ii...><..ii
::... ::::.L. ........:.:......::. .. ::...<...::.::
:... :.: ..::...::.:... ..:
.i<ii ...:......... ................). .:....:
:.:>.:: .... ... :..:...:..:. .<.....::.
.:..:....::. :........ ......::..:...i.i<..<
. ....:. ..::........ i.:.:....... .:.......:.........:< ::.::.....
. :.. ........:::.:::...:::::.... ...
...:..> :...........> :... ..:.:.:...:.......:.: ....:..............:.:..:.............::...:.:.:.......:.... ..:.:...:
...:.: :.:..
.<: ...::..: ..:...... ........:: "'i
ij \,~~: ~Jifi =, ~II
i~~~~~1~;~~~ 1...... :.:.:.:...
.:...:::.:::.....:....:.
.
i) : ...:. ...:...:::
i:.: :.:.. i> i..;>i
..:.
.:...:. > .
:.: i_ : < :.:.
::: :: -:
.:::.:.:. ...:... .....
<.....:.:..: ...
:.:
...
..::..::
...:.:...:::..::
.. .
... ... :....:. ..
.::<:
:.
... ......:.. .
HEARING DATE: November 16, 2005
I. BACKGROUND:
The Planning Department is proposing text amendments to Sections 9.5~241, 9.5~239,
9.5-238, 9.5-236, 9.5~237, 9.5-242, 9.5~242.5, 9.5-234, and 9.5-233 of the Monroe
County Land Development Regulations to implement amended policies of the
comprehensive plan (policies 101.4.1 Residential Conservation, 101.4.2 Residential Low,
101.4.3 Residential Medium, and 10 1.4.4 Residential High, specifically), which mandate
the adoption of Land Development Regulations to grandfather nonresidential uses
rendered non-conforming by the original language of the 2010 Monroe County
comprehensive plan. When the comprehensive plan was adopted by the Board of County
Commissioners in 1993, these policies contained provisions that allowed limited
nonresidential uses so that the policies remained consistent with the Land Development
Regulations that had been in place since 1986. However, the Department of Community
Affairs struck those provisions, the consequence of which made many existing
nonresidential uses nonconfonning in those land use categories of the future land use map
(FLUM).
Subsequently, the County amended these policies with language to mandate the adoption
of land development regulations that would allow any nonresidential use that was listed
as a permitted use in the Land Development Regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan (pre-20 1 0 LDRs), and that
lawfully existed on such lands on January 4, 1996 (the effective date of the 2010
comprehensive plan) to develop, redevelop, reestablish and/or substantially improve,
provided that the use is limited in intensity, floor area, density and to the type of use that
Page] of6
existed on January 4, 1996 or limited to what the pre-l010 LDRs allowed, whichever is
more restrictive.
This proposed amendment seeks to implement the amended policies of the
comprehensive plan by allowing non-conforming nonresidential uses to redevelop,
reestablish, and make improvements after substantial damage or destruction, but limits
the reestablishment of those uses to what already existed before 1996, thereby ensuring
consistency with the most significant goals of the comprehensive plan encouraging
protection of community character, redevelopment, sustaining economic viability, and
limiting commercial grow1h in order to protect natural resources.
II. ANAL YSIS
A. County requirements for changes to the land development
regulations.
Article Xl of Chapter 9.5 sets forth the requirements for amending the text
ofthe land development regulations. Specifically, Sec. 9.5-511 (d)(5)b sets
forth six criteria for amending the land development regulations, at least
one of which must be met. In this case, items (iv) NeH' Issues and (v)
Recognition (?l a need for additional detail and comprehensiveness,
support the proposed amendment.
The land development regulations arc currcntly inconsistent with the
comprehensive plan's amended policies of grandfathering nonconforming
uses rendcred non-conforming by the original language of the 20 10
comprehensive plan, which became effective in January of 1996. To
correct this inconsistency, the amended policies mandate Monroe County
to adopt land development regulations to grandfather those non-
conforming, nonresidential uses.
These amendments will allow structures in which nonconforming uses are
located and lawfully existed on January 4, ] 996 to be rebuilt even if one
hundred (100) percent destroyed, provided that the use is limited in
intensity, floor area, density and to the type of use that existed on January
4, 1996 or limited to what the pre-20lO LDRs allowed, whichever is more
restrictive.
The grand fathered non-conforming uses will be permitted to reestablish
with major conditional use approval, in order to ensure that compatibility
with sun-ounding land uses is maintained over time.
Page 2 of6
B. Consistency with the 2010 Comprehensive Plan.
The proposed text amendment is consistent with and implements land use
policies of the Monroe County Year 2010 Comprehensive Plan. The
County has been working towards implementing these amended policies,
which were developed as a result of numerous public workshops that
obtained information from land owners affected by the Department of
Community Affair's restriction on the redevelopment, reestablishment
and continuance of non-residential uses in these land use categories of the
FLUM,
Amended Comprehensive Plan Policy 101.4.1 stipulates that the "County
shall adopt Land Development Regulations which allow any other
nonresidential use that was listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-20I0 LDRs), and that
lawfully existed on such lands on January 4, 1996 to develop, redevelop,
reestablish and/or substantially improve provided that the use is limited in
intensity, floor area, density and to the type of use that existed on January
4, 1996 or limited to what the pre-20 10 LDRs allowed, whichever is more
restrictive. Maximum permitted densities shall be based upon the results
of the habitat analysis required by Division 8 of the Monroe County Land
Development Regulations, as amended. [9J-5,006(3)(c) 1 and 7]."
Amended Comprehensive Plan Policy 101.4.2 stipulates that the "County
shall adopt land development regulations which allow any other
nonresidential use that was listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre-201O LDRs), and that
lawfully existed on such lands on January 4, 1996 to develop, redevelop,
reestablish and/or substantially improve provided that the use is limited in
intensity, floor area, density and to the type of use that existed on January
4, 1996 or limited to what the pre-2010 LDRs allowed, whichever is more
restrictive. "
Amended Comprehensive Plan Policy 101.4.2 stipulates that the "County
shall adopt land development regulations \vhich allow nonresidential uses
that \vere listed as a permitted use in the Land Development Regulations
that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-20I0 LDRs), and that lawfully existed on such
lands on January 4, 1996, to develop, redevelop, reestablish and/or
substantially improve provided that the uses are limited in intensity, floor
area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDRs allowed, whichever is more restrictive.
Page 3 of6
Lands within this land use category shall not be further subdivided. [9J-
5.006(3)(c)1 and 7]."
Amended Comprehensive Plan Policy 101.4.2 stipulates that the "County
shall adopt land development regulations which allow nonresidential uses
that were listed as a permitted use in the Land Development Regulations
that were in efIect immediately prior to the institution of the 20 I 0
Comprehensive Plan, and that lawfully existed on such lands on January 4,
1996, to develop, redevelop, reestablish and/or substantially improve
provided that the use is limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-20lO
LDRs allowed, whichever is more restrictive. [9J-5.006(3)(c)1 and 7]."
C. Public Welfare Issues.
The amendments will provide the same level of protection of public
welfare to all land owners in the Residential Low, Residential Medium and
Residential High categories of the FLUM by allowing any lawfully
existing nonresidential uses to be reconstructed, improved, and
redeveloped as needed after a natural disaster, provided it is not causing a
public nuisance and remains compatible with surrounding land uses.
Public workshops held by the planning department in four areas of the
Keys revealed that the current nonconforming status of many Keys
businesses meant that owners were unwilling to make improvements or
investments in the quality of their structires without some reassurances
that they could rebuild their businesses in the event of a natural disaster,
The unwillingness of owners to make investments in their properties has
resulted in a degraded character in many areas throughout the Keys.
Citizens (both residents and business owners) have expressed concern
about how the degradation of these uses negatively impacts their
neighborhoods and the quality of life in the Keys in generaL
The LDR amendments ensure internal consistency with other goals,
objectives, and policies of the comprehensive plan which limit
intensification of grandfathered uses. The proposed amendments support
smart growth principles and the mixed use pattern of development, which
protects the uniqueness of the Keys character and discourages urban
sprawl.
Page 4 01'6
D. Benefits to Property Owners:
Since the enactment of the comprehensive plan, the Planning Department
has received numerous letters and phone calls from property owners
concerned about how the comprehensive plan has affected their property.
In addition, reinvestment into businesses rendered non-conforming by the
2010 comprehensive plan was also a topic discussed at public workshops
held by the planning department in four areas of the Keys. The workshops
revealed that property owners were unwilling to make additional
investments into their businesses and make improvements in the structures
in which they are located without some reassurances that they could
rebuild after substantial damage or destruction caused by a natural disaster.
The current nonconforming status of many Keys businesses limits
development to normal repair and maintenance and seeks to ultimately
eliminate the uses over time.
Consequently, without an amendment to the LDRs to implement the
comprehensive plan's policy of encouraging improvements to these
structures, the quality and safety of affected properties will slowly degrade
over time, and therefore degrade the quality the neighborhoods in which
they are located, Eventually, the unwillingness of owners to make
investments in their properties will result in a degraded character
throughout the county, and citizens have expressed concern about how the
degradation of these structures and the inability of business to reestablish
after a natural disaster negatively impacts their neighborhoods and the
quality of life in the Keys in generaL
Therefore, these amendments are proposed in order to provide relief to
property owners impacted by the original language of the land use policies
of the 20 I 0 comprehensive plan. Relief will be limited only to those
existing uses affected by land use Policies 101.4.1, 101.4.2, 101.4.3, and
101.4.4, The amendments will apply to those nonresidential uses that
were lawfully established before January 4, 1996 to continue, but be
limited to pre-existing intensity to ensure consistency with policies of the
comprehensive plan regarding protection of community character.
III. PROPOSED REVISIONS:
The proposed amendment to Sections 9.5-241, 9.5-239, 9.5-238, 9.5-236, 9.5-237,
9.5-242, 9.5-242.5, 9.5-234, and 9,5-233, is attached,
Page 5 of6
IV. CONCLUSIONS:
1. The proposed text amendment IS consistent with Section 9.5-511 of the
Monroe County Code.
2. The proposed text amendment is in the interest of public welfare.
3. The proposed text amendment is consistent with and furthers the policies of
the Monroe County Year 2010 Comprehensive Plan.
4. The proposed amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern as a whole,
and is not inconsistent with any principle.
V. PLANNING COMMISSION ACTION
After further review by planning staff since Planning Commission approval,
amendments to Sections 9.5-241 OFFSHORE ISLAND DISTRICT (OS), 9.5-237
SUB URBAN RESIDENTIAL DISTRICT (LIMITED) (SR-L), and 9.5-242.5
IMPROVED SIBDIVISION DISTRICT - VACATION RENTAL DISTRICT
were omitted from this Ordinance because they were superfluous in that they were
not affected by policies of the comprehensive plan that made nonresidential uses
in these land use districts nonconforming.
VI. RECOMMENDATION:
The Planning staff recommends APPROV AL of the proposed Ordinance
amending to Sections 9.5-233, 9.5-234, 9.5-236, 9.5-238, 9.5-239, and 9.5-242 of
the Land Development Regulations.
Page 6 of 6