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Ordinance 021-1989 ~ "'=:t ~ -.;;:t a... --l :::J r J L... Cc 0\ ""'" -. l.J.... ~ 0 L Monroe County Commission ORDINANCE NO. 021 -1989 AN ORDINANCE ADOPTING AND RATIFYING CERTAIN NEGOTIATED TEXT AMENDMENTS ATTACHED AND INCORPORATED BY REFERENCE INTO THE BODY OF THE TEXT OF THE ORDINANCE; TRANSMITTING THE AMENDMENTS TO THE STATE LAND PLANNING AGENCY FOR APPROVAL; PROVIDING THAT, IF ANY AMENDMENTS ARE DISAPPROVED BY THAT AGENCY, DISAPPROVAL SHALL NOT AFFECT THE REMAINING AMENDMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, due to the designation contained in Chapter 28-20, Florida Administrative Code (F.A.C.), all regulations contained in Volume 3 of the Florida Keys Comprehensive Plan and Land Development Regulations are "land development regulations" as that phrase is defined in Florida Statutes (F.S.) 163.3164(22); and WHEREAS, Section 9.5-5ll(c), Monroe County land development regulations, provided that the regulations could be amended in a process commencing six months after the date the regulations first became effective and annually thereafter; and WHEREAS, the first submittal of text am~ndments to the Monroe County land development regulations to the Florida Department of Community Affairs (DCA) pursuant to Chapter 380.0552(9), included certain text changes rejected by the state land planning agency as not in conformance with Chapter 27F-8, F.A.C.; and WHEREAS, the DCA's rule 9J-14.006 excluding said rejected text amendments was subsequently challenged by Monroe County on January 8, 1988, pursuant to Chapter 120.54, F.S.; and WHEREAS, the DCA and Monroe County agreed to settle this challenge by entering into negotiations at the staff level in an effort to reach acceptable modifications to the amendments to bring them into conformance with the Florida Keys Comprehensive Plan and Land Development Regulations and Chapter 27F-8, F. A. C.; and WHEREAS, during the same second-round amendment process, the Monroe County Planning Commission, sitting as the local planning agency, after due notice and public participation in the hearing process, reviewed all the negotiated amendments to the land development regulations and found such amendments consistent with the Monroe County comprehensive land use plan and made recommendations concerning such amendments to the Monroe County Board of Commissioners; and l WHEREAS, during the same second-round amendment process, the board of county commissioners, after due notice and public participation in the hearing process, reviewed such recommendations and legislatively acted thereon; WHEREAS, F.S, 380.0552(9) requires that the state land planning agency approve all amendments to the Monroe County land development regulations before such amendments may become effective; and WHEREAS, such second-round text amendment process is now complete; and WHEREAS, it is desired that the Monroe County Board of Commissioners should ratify, approve, adopt and transmit the negotiated amendments to the land development regulations to the state land planning agency for approval; now, therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Board of Commissioners on this 5th day of July, 1989, does hereby adopt and ratify those negotiated text amendments to the Monroe County land development regulations, heretofore properly approved pursuant to general law, which are attached to this ordinance, as if the negotiated text were fully set out in the body of this ordinance: 16N, 17N, 20N, 29N, 34N, 44N, 59N, 62N, 64N, 67N, 75N, 83N, 98N, lOON, 101/102N, 104N, 111N, 130N, 130N(a), 130N(b), 130N(c), 141N, 172N, 177N, 193N, 193N(a). The same are hereby transmitted to the state land planning agency for approval or disapproval pursuant to F.S. 380.0552(9). Each negotiated text amendment is to be considered individually, severally, and independently of one another. Section 2. If the state land planning agency shall disapprove any negotiated text amendment to the Monroe County land development regulations attached hereto, such disapproval shall in no way affect the validity of any other negotiated text amendment. Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. If any section, subsection, sentence, clause, item, amendment, or provision of the ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said office. Except, however, no negotiated text amendment to the Monroe County land development regulations shall be deemed effective until approved by the state land planning agency, PASSED AND ADOPTED by the Monroe County Board of Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 5th day of July, A. D. 1989. BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA .....~ BY~. ~ MAYOR/C AIR (SEAL) Attest: D.ANNX L. KOLHAGE, Clerk --L2~~~~,?~~ 8r ROUND I NEGOTIATED TEXT AMENDMENTS PROPOSED TEXT AMENDMENT WORDING PD16N Section 9.5-4 Section 9.5-4 Monroe County Code, is hereby creating a new definition to read as follows: (B-) Shopping center shall mean a group of commercial retail and/or professional services establishments planned, developed and managed as a unit, with off-street parking provided on the property. PD17N Section 9.5-4(0-3 )/9.5-343 Section 9.5-4(0-3), Monroe County Code, is here by amended to read as follows: Open space means any portion of a parcel or area of land which is open and unobstructed from the ground to the sky to include areas maintained in a natural and undisturbed character. Fifty (50) percent of paved areas shall be considered open space, if constructed of permeable materials. Up to 10% of the required open space areas may accommodate the following uses if constructed of permeable materials: 1. Driveways where because of the size or shape of the parcel, the driveway cannot be placed in non-open space areas; 2. Recreational uses; 3. The area of land under docks, piers and elevated walkways; 4. Gardens of native species. Open Space shall not include water below the mean high water line or areas covered with buildings, sidewalks, and paved areas, except as otherwise provided in Section 9.5-343. Section 9.5-343, Monroe County Code, is hereby amended by revising the second sentence: .. .all such required areas shall be maintained in their natural condition, except as provided in section 9.5-4(0-3). Exceptions provided in section 9.5-4(0-3) shall also apply to required open space in sections 9.5-345(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(1)(m)(n) and (0). And add a second paragraph, to read as follows: Fifty (50) percent of paved areas may be considered open space if constructed of permeable materials, not to exceed 10% of the required open space areas, including: 1. Driveways where because of the size or shape of the parcel,the driveway cannot be placed in non-open space areas; 2, Passive recreational uses; 1 3. The area of land and water under docks, piers and elevated walkways; 4. Gardens of native species, These exceptions apply in disturbed and/or low quality habitats but shall not apply to habitat types listed in Section 9.5-345.(b),(c),(d),(f),(g),(i),(j),and (1)," PD20N Section 9.5-22(d)(2) Section 9.5-22(d)(2),Monroe County Code, is hereby amended to read as follows: REMOVAL: Any member of the planning commission may be removed after six-months of service by affirmative vote of 4 members of the board of county commissioners; provided however, that the board may not remove more than three (3) members in any twelve (12) month period, except the board may remove additional members upon a finding of misconduct, malfeasance or misfeasance in office. If removed under this section, the planning commisison shall be given written notice of such action within a three (3) day period. A planning commission member may appeal in writing to the Mayor of the County, the board's decision within five (5) days after said notice. The board shall set a hearing within fourteen (14) days of written notice of the appeal, at which time the issue shall be heard. The board may reconsider its prior decision and by a vote of four (4) members of the board, reinstate the planning commisison member. PD29N Section 9.5-43, 9.5-24(c)(2) Sections 9.5-43, Monroe County Code, is hereby amended, revising the first sentence to read as follows: Sec. 9.5-43 Preapplication conference. An applicant for development approval may request in writing a preapplication conference with the development review coordinator. and section 9.5-24(c)(2) is amended, creating a new subparagraph c, to read as follows: Any action reviewing a permit application shall not preclude the applicant's right to be present when his project is discussed before this body. PD34N Section9.5-68, 9.5-69 Section 9.5-68, Monroe County Code, is here by amended to read as follows: Section 9.5-68(d) .... Notice by the Planning Director shall be by regular mail on the day of the granting of the Minor Conditional Use. and section 9.5-69 is hereby amended to read: 2 Section 9,5-69(d),., Notice by the Planning Director shall be by regular mail within 15 days of the granting of the Major Conditional Use. (e) All development orders issued by the planning commission in regard to an application for a major conditional use permit shall be placed on a consent agenda at the next regularly scheduled meeting of the board of county commissioners following expiration of a period of thirty (30) days beginning upon the sending of Notice by the Planning Director. If the applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by Section 163.3215 (2), Florida Statutes (1985), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c), requests an appeal within thirty (30)days after mailing of notice by the planning director, or if a majority of the board of county commissioners votes to remove a development order from the consent agenda, the board of county commisisoners shall consider the development order on the record established before the planning commisison, at a public hearing not later than seventy five (75) days from the date of mailing of notice by the planning director. PD44N Section 9.5-111(b) Section 9.5-111(b), Monroe County Code, is hereby amended to read as follows: It(b) Every building permit shall have two (2) separately issued component parts: (1) A site preparation permit, covering land clearing and on-site preconstruction activities such as placement of fill, soil core drilling and other soil testing, demolition of existing structures and foundations, blasting for excavation, de-watering of a site, and storage of materials; and (2) A construction permit, covering construction details of buildings and other structures. PD59N Section 9.5-236(b)(5) Section 9.5-236(b)(5), Monroe County Code, is hereby created to read as follows: (5) Churches, synagogues, and houses of worship, 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 cub cut, or 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 four hundred (400) feet. 3 PD62N Section 9_5-242(b)(2) Section 9,5-242(b)(2), Monroe County Code, is here by repealed, PD64N Section 9.5-249(c) Section 9.5-249(c), Monroe County Code, is hereby amended to read as follows: (c) The following uses are permitted as major conditional uses in the Industrial District, subject to the standards and procedures set forth in article III, division 3: PD67N Section 9.5-262 Section 9.5-262, Monroe County Code, is here by amended, creating a new definition to read as follows: (0- ) Offshore spoil island means a man-made island created by the placement of fill or dredge spoil in submerged lands where previously there was no land or wetland vegetation, and which was existing prior to the enactment of this chapter. and Section 9.5-262 is hereby amended, creating "Offshore Spoil Islands" with an allocated density of 0.10, a maximum net density of 2,0, and an open space ratio of 0.6. PD75N Section 9.5-267 Section 9.5-267, Monroe County Code, is hereby amended, adding campgrounds as a use to the OFFSHORE ISLANDS category, and providing for allocated and maximum net densities and open space ratio, to read as provided in PD130N(a). PD83N Section 9.5-286 Section 9.5-286, Monroe County Code, is hereby amended to read as follows: a. All buildings and structures, other than docks, utility pilings, walkways, non-enclosed gazebos and fences and similar structures shall be set back twenty (20) feet from the mean high tide line of man-made waterbodies and/or lawfully altered shorelines of natural waterbodies. b. All buildings other than docks, utility pilings, walkways, non-enclosed gazebos and fences and similar structures shall be set back fifty (50) feet from natural waterbodies with unaltered shorelines or unlawfully altered shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist from the mean high tide line. c. No structure other than docks shall be located within 50 feet of any shoreline area which is known to serve as an active nesting or resting area for marine turtles. Active nesting area is defined as 4 one that has appeared on (a competently prepared) nesting inventory (approved by the planning director and Florida Freshwater Fish and Game Division) at least once within the previous three years prior to a development application. PD98N Section 9.5-337 Section 9.5-337, Monroe County Code, is hereby amended to read as follows: No habitat analysis shall be required on lots one-quarter (1/4) acre or less in size within IS Land Use Districts which meet the purpose of the district identified as having hammock, or pineland, when the owner/applicant clearly demonstrates that the following criteria will be met: 1. Clearing of the lot shall be limited to that space required for the principle structure, driveway, septic field and tank, or sewage treatment facility and accessory uses not to exceed in aggregate sixty percent (60) of the total lot area; 2, A vegetation survey shall be completed; 3. Native vegetation shall be utilized in required bufferyards; 4. Native vegetation shall be preserved and maintained to the maximum extent possible, consistent with above criteria; 5. All threatened and endangered species shall be transplanted pursuant to a transplantation program; 6. The lots are serviced by a road existing on September 15, 1986. PDIOON Section 9.5-345(a) Section 9.5-345(a), Monroe County Code, is hereby amended to read as follows: (a) Clustering: When a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portions of the parcel subject to the maximum net densities of section 9.5-262, the open space requirements of section 9.5-262 and 9.5-269 and the performance standards of this section. For the purposes of this subsection, the sensitivity of habitat types shall be as listed, with subsection (1) being the most sensitive and subsection (18) being the least sensitive. The least sensitve part of the parcel shall be fully utilized prior to the distribution of density to the next least sensitive habitat type. PDIOl/102N Section 9.5-345(b)(1) Section 9.5-345(b)(1), Monroe County Code, is hereby amended to read as follows: (b) Salt Marsh and Buttonwood Associations: (1) No fill shall be placed on a parcel proposed for development except for fill in conjunction with a minimal accessway and a minimum amount not to exceed two thousand (2,000) square feet confined to the area beneath the structure plus an area not to exceed three thousand (3,000) square feet located elsewhere on the 5 parcel, which complies with all of the requirements of this section. In no event shall the total amount of fill allowed in the area of the salt marsh/buttonwood association exceed ten percent (10%) of the total area of the salt marsh/buttonwood habitat on the parcel, or five thousand (5,000) square feet whichever is greater. However, if the developer of a parcel of land is allocated more development units for a parcel than are to be developed, then the developer may fill additional two thousand (2,000) square foot area(s), one area per full development unit, if he executes and records a legally enforceable deed restriction which prevents the development of or transfer of the development rights of the additional unites). The fill described in this section shall be subject to the following requirements: Section 9.5-345(0)(4), Monroe County Code, is hereby amended to read as follows: (0) Disturbed lands: (4) Or lands classified as disturbed with salt marsh and buttonwood associations: No fill shall be placed on a parcel proposed for development except for fill in conjunction with a minimal accessway and a minimum amount not to exceed two thousand (2,000) square feet confined to the area beneath the structure plus an area not to exceed three thousand (3,000) square feet located elsewhere on the parcel, which complies with all of the requirements of this section. In no event shall the total amount of fill allowed in the area of the salt marsh/buttonwood association exceed ten percent (10%) of the total area of the salt marsh/buttonwood habitat on the parcel, or five thousand (5,000) square feet whichever is greater. However, if the developer of a parcel of land is allocated more development units for a parcel than are to be developed, then the developer may fill additional two thousand (2,000) square foot area(s), one area per full development unit, if he executes and records a legally enforceable deed restriction which prevents the development of or transfer of the development rights of the additional unites), The fill described in this section shall be subject to the following requirements: .... Section 9.5-345(0)(4) having been changed above. Section 9.5-345(c),(d),(e)(f),(g),(h),(i),(j),(k),(1),(m),(n),(0)(1),(0)(2), (0)(3), and (0)(5), Monroe County Code, are hereby amended to read as follows: (c) High Hammock (High Quality). All structures developed, used or occupied on parcels of land that are evaluated as high quality High Hammock according to the habitat evaluation index set our in Section 9-805 shall be designed, located and constructed such that: (1) All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantationprogram approved as a part of a conditional use permit or a site preparation permit in accordance with section 9.5-344; (2) The edges and general dome configuration of the hammock are preserved in their natural form; (3) Unless the development involves clearing of less than 10% of the high quality hammock, all trees with a diameter at breast height (DBH) of greater than 3-1/2 inches shall be preserved or relocated pursuant to a transplantation program approved as a part of a conditional use permit or site preparation permit. 6 (4) All specimen trees shall be preserved in their naturalcondition. (5) All areas of required open space shall be maintained in their natural condition, including the preservation of mid-story and understory vegetation. (6) All areas of required open space shall have m1n1mum dimension of two hundred (200) feet and a minimum area of at least one-half (1/2) acre. (7) The habitat of threatened and endangered animals shall be preserved. (8) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; (9) All invasive exotic species shall be removed from the parcel proposed for development. (d) High Hammock (Moderate Quality) All structures, developed, used or occupied on parcels of land evaluated as moderate quality High Hammock according to the habitat evaluation index set out in Section 9.5-339 shall be designed, located and constructed such that: (1) All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9.5-344. (2) All trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved or relocated pursuant to a transplantation program approved as a part of a conditional use permit ; (3) All specimen trees shall be preserved in their natural condition. (4) All areas required open space shall be maintained in their natural condition, including the preservation of mid-story and understory vegetation; (5) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; (6) All invasive species shall be removed from the parcel proposed for development. (e) High Hammock (Low Quality) All structures, developed, used or occupied on a parcel of land evaluated as low quality High Hammock according to the habitat evaluation index set out in Section 9,5-339 shall be designed, located and constructed such that: (1) All listed threatened and endangered plan species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9.5-344. (2) All specimen trees shall be preserved in their natural condition; (3) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; and (4) All invasive species shall be removed from the parcel proposed for development. (f) Low Hammock (High Quality). 7 All structures, developed, used or occupied on a parcel of land evaluated as high quality Low Hammock according to the habitat evaluation index set out in Section 9,5-340 shall be designed, located and constructed such that: (1) All listed threatened and endangered plan species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9.5-344. (2) All trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved or relocated pursuant to a transplantation program approved as a part of a conditional use permit ; (3) All specimen trees shall be preserved in their natural condition, including understory and ground vegetation; (4) All areas of required open space shall have minimum dimension of two hundred (200) feet and a minimum area of at least one-half (1/2) acre. (5) The habitat of threatened and endangered animals shall be preserved; (6) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; (7) All invasive species shall be removed from the parcel proposed for development. (g) Low Hammock (Moderate Quality). All structures, developed, used or occupied on a parcel of land evaluated as low quality Hammock according to the habitat evaluation index set out in Section 9.5-340 shall be designed, located and constructed such that: (1) All listed threatened and endangered plan species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9.5-344. (2) All specimen trees shall be preserved in their natural condition; (3) All areas of required open space shall be maintained in their natural condition, including understory and ground vegetation; (4) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; and (5) All invasive exotic species shall be removed from the parcel proposed for development. (h) Low Hammock (Low Quality). All structures, developed, used or occupied on a parcel of land evaluated as low quality Low Hammock according to the habitat evaluation index set out in Section 9.5-340 shall be designed, located and constructed such that: (1) All listed threatened and endangered plan species are preserved, protected or relocated pursuant to a transplantation program approved as part of a conditional use permit in accordance with Section 9.5-344. (2) All specimen trees shall be preserved in their natural condition; (3) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; 8 (4) All invasive exotic species shall be removed from the parcel proposed for development. (i) Palm Hammock All structures developed, used or occupied on a parcels of land evaluated as Palm Hammock according to the habitat evaluation index set out in Section 9.5-341 shall be designed, located and constructed such that: (1) All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Section 9.5-344; (2) All areas of required open space shall be maintained in their natural condition, including mid-story and understory and ground vegetation; (3) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; (4) All areas of required open space shall have a minimum dimension of two hundred (200) feet and a minimum area of one-half (1/2) acre; (5) The habitat of threatened and endangered animals shall be preserved; (6) All trees with a diameter at breast height (dbh) of greater than 3 1/2 inches shall be preserved or relocated pursuant to a transplantation program approved as a part of a conditional use permit; (7) All specimen trees shall be preserved in their natural condition; and (8) All invasive species shall be removed from the parcel proposed for development. (j) Pinelands (High Quality). All structures developed, used or occupied on land which is a part of Pinelands shall be designed, located and constructed such that: (1) All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Section 9.5-344; (2) All structures are separated from the body of the pinelands by a clear, unvegetated fire break of at least fifteen (15) feet width; (3) All areas of disturbances shall be managed to avoid the introduction and/or establishment of invasive exotic species; (4) All invasive exotic species shall be removed from the parcel proposed for development; (5) The habitat of threatened and endangered animals shall be preserve; and (6) All specimen trees shall be preserved in their natural condition, (k) Pinelands (Low Quality). All structures developed, used or occupied on land which is a part of Pinelands shall be designed, located and constructed such that: (1) All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Section 9.5-344; 9 (2) All areas of disturbances shall be managed to ovoid the introduction and/or establishment of invasive exotic species; (3) All invasive exotic species shall be removed from the parcel proposed for development; and (4) All specimen trees shall be preserved in their natural condition. (1) Beach-berm Complex. All structures developed used or occupied on parcels of land which are classified as a part of a Beach-berm Complex shall be designed, located and constructed such that: 1. All structures are elevated on pilings or other supports; (2) No beach berm material is excavated or removed and no fill is deposited on a beach berm; (3) The clearing of beach-berm vegetation is limited to the m1n1mum clearing required to allow development of a permitted use; (4) All areas of disturbance are managed to avoid the introduction and/or establishment of invasive exotic species; (5) All invasive exotic species shall be removed from the parcel proposed for development; (6) No outdoor lighting shall be installed; (7) No structure shall be located within fifty (50) feet of any portion of any beach-berm complex which is known to serve as an active nesting, or resting areas of marine turtles, terns, gulls or other birds; and (8) No structure other than elevated walkways shall be located on the waterside of the top of the dune or berm. (m) Mangroves and Submerged Lands. (1) Except as provided in subsection 3, only piers, docks, utility pilings and walkways shall be permitted on Mangroves and Submerged Lands; (2) All structures on any submerged lands and mangroves shall be designed, located, and constructed such that: a. All structures shall be constructed on pilings or other supports. b. Bulkheads and seawalls shall be permitted only to stabilize disturbed shorelines or to replace deteriorated existing bulkheads and seawalls. c. No structure shall be located on submerged land which is vegetated with sea grasses except as is necessary to reach waters of at least 4' feet below mean low level for docking facilities. d. No docking facility shall be developed at any site unless a minimum channel of twenty (20) feet in width where a mean low water depth of at least minus four feet (-4') exists. (3) No fill shall be permitted in any natural water body; (4) No fill shall be permitted in any man made water body unless the applicant demonstrates that the activity will not have a significant adverse impact on natural marine communities; and (5) All development other than single family detached dwelling units shall make adequate provision for a water quality monitoring program for a period of five (5) years after the completion of the development. (n) Freshwater Wetlands. 10 (1) Only utility pilings and elevated walkways shall be permitted in Freshwater Wetlands; (2) All structures in freshwater wetlands shall be constructed on pilings or other supports; and (3) No fill shall be permitted in any freshwater wetland. (0) Disturbed Lands. All structures developed, used or occupied on land which are classified as disturbed on the Existing Conditions Map shall be designated, located and constructed such that: (1) On lands classified as disturbed with high hammock: a. All listed threatened and endangered plan species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with section 9,S-344; b. All specimen trees shall be preserved in their natural condition; c. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; and d. All invasive exotic species shall be removed from the parcel proposed for development. (2) On lands classified as disturbed with low hammock: a. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Section 9.S-344; b. All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species; c. All invasive exotic species shall be removed from the parcel proposed for development; and d. All specimen trees shall be preserved in their natural condition. (3) On lands classified as disturbed with beach berm: a. All structures are elevated supports; b. No beach berm material is excavated or removed and no fill is deposited on a beach berm; c. The clearing of beach-berm vegetation is limited to the minimum clearing required to allow development of a permitted use; d. All areas of disturbance are managed to avoid the introduction and/or establishment of invasive exotic species; e. No outdoor lighting shall be installed; f, No structure shall be located within fifty (SO) feet of any portion of any beach-berm complex which is known to serve as an active nesting or resting areas of marine turtles, terns, gulls or other birds; and g. No structure other than elevated walkways shall be located on the waterside of the top of the dune or berm. (4) On land classified as disturbed with salt marsh and buttonwood associations: a, No fill shall be placed on a parcel proposed for development except for fill in conjunction with an accessway that complies with the requirements of Section 9.S-34S(b)(2)and(3); b. All structures except for surface access roads shall be elevated on pilings or other supports such that the natural hydrologic regime of the site is not altered; 11 c, Access to any structure shall be elevated structure or surface road or path that is designed and constructed such that the natural movement of water including volume, rate and direction of flow will not be substantially disrupted or altered; and d, Wastewater treatment shall be provided by: (i) a waterless toilet approved by the Florida Department of Health and Rehabilitative Services; or (ii) Wastewater treatment system that is located or discharges in or on an upland habitat type. (5) On lands classified as disturbed with slash pine: a. All listed threatened and endangered plant species are preserved, protected or relocated pursuant to a transplantation program approved as a part of a conditional use permit in accordance with Section 9.5-344; All areas of disturbance shall be managed to avoidintroduction and/or establishment of invasive exotic species; All invasive exotic species shall be removed from the parcel proposed for development; and All specimen trees shall be preserved in their natural condition. b. c. d. PDI04N Section 9.5-345(m) Section 9.5-345(m), Monroe County Code, is hereby amended to read as follows: Section 9.5-345(m), amend as follows: 1. Except as provided in subsection 3, only piers, docks, utility pilings and walkways shall be permitted on submerged lands, and mangroves; 2. All structures on any submerged lands, shall be designed, located, and constructed such that: a. All structures shall be constructed on pilings or other supports. b. Bulkheads and seawalls shall be permitted only to stabilize dis- turbed shorelines or to replace deteriorated existing bulkheads and seawalls. c. No structure shall be located on submerged land which is vegetated with sea grasses, patch reefs and marine hard bottom communities except as is necessary to reach waters of at least 4' (four feet) below mean low water level for docking facilities. d. No docking facility shall be developed at any site unless a minimum channel of twenty (20) feet in width where a mean low water depth of at least minus four feet (-4') exists, unless the applicant for a dock accessory to a single family dwelling demonstrates that the development of the dock will not have a substantial adverse impact on natural marine communities but in no case shall any facility be located where a mean low water depth is less than three feet (3'), as may be allowed by applicable state DER, and DNR regulations. 3. No fill shall be permitted in any natural water body except as is necessary to stabilize an altered shoreline provided that: a. The shoreline is determined to be erosional by the County Biolo- gist; 12 b. The fill is limited to rip rap only; c, The fill does not have a significant adverse impact on natural marine communities; d, The fill is aligned with any existing rip rap; and e. No fill shall be placed below mean high water. 4. No fill shall be permitted in any man made water body unless the applicant demonstrates and the County Biologist determines that the activity will not have a significant adverse impact on natural marine communities; and 5. All development other than single family detached dwelling units shall make adequate provision for a water quality monitoring program for a period of five (5) years after the completion of the development. PDlllN Section 9.5-375 Section 9.5-375, Monroe County Code, is hereby amended to read as fo llows : No structure or land which abuts U.S. 1, CR 905 or CR 940, a boundary between two (2) different land use districts or fronts on a major street shall hereafter be developed, used or occupied unless a scenic corridor or bufferyard is provided in accordance with the requirements of this division. No structure other than a fence shall be placed within a required bufferyard, provided that where there is existing native vegetation which will provide for a bufferyard, no clearing will be permitted for the installation for a fence. PD130N Section 9.5-262 Section 9.5-262, Monroe County Code, is hereby amended to read as follows: Section 9.5-262 Maximum Residential Denisty and District Open Space Land Use District and Use Allocated Density (dwelling units/ gross acre) Maximum Net Density (dwelling units/ O.S.R. (1) net buildable acre) URBAN COMMERCIAL 6.0 12.0 0.2 URBAN RESIDENTIAL 6.0 12.0 0.2 URBAN RESIDENTIAL- MOBILE HOME 5.0(4) 7.0 0.2 SUBURBAN COMMERCIAL 3.0 6.0 0.3 SUBURBAN RESIDENTIAL 1.0 10.0 0.5 SUBURBAN RESIDENTIAL- LTD 1.0 3,0 0,5 SPARSELY SETTLED 0.5 6.0 0.8 NATIVE Mangroves 0.0 0.0 1.0 Freshwater Wetlands 0.2 0.0 1.0 Saltmarsh and Buttonwood 0.3 5.0 0.85 13 Disturbed Hammocks Beach/Berm Pinelands MAINLAND NATIVE OFFSHORE ISLAND IMPROVED SUBDIVISION IS-Duplex COMMERCIAL FISHING DESTINATION RESORT INDUSTRIAL MARITIME INDUSTRIES MIXED USE MILITARY FACILITIES 0.5 0,5 0.5 0.5 0,01 0,1 1. 0/lot(2) 2.0/lot(3) 3.0 1.0 6,0 6.0 1.0 6,0 5,0 5,0 5.0 5,0 1.0 2,0 1. O/lot 2,O/lot 12,0 18,0 12.0 12.0 12,0 12.0 0,6 0,8 0,9 0,8 0.99 0,9 0,2 0,2 0.2 0.2 0.2 0.2 0.2 0.2 (1). See additional open space ratios in 9,5-343; in accordance with Section 9.5-3(a), the most restrictive of these ratios applies. (2). Tracts in IS when left vacant and undivided shall be allocated one dwelling per 12,500 square feet. (3). The allocated density shall only be developed as one single family dwelling or one duplex on site. In the event a single family dwelling has been built, the owner has one dwelling unit for TDR purposes. (4). Tracts in URM when left vacant and undivided shall be allocated one dwelling unit per 8000 square feet. PD130N(a) Section 9.5-267 Section 9.5-267, Monroe County Code, is hereby amended to read as follows: Section 9.5-267 Maximum Hotel-Motel, Recreational Vehicle and Institutional Residential Densities. Land Use District and Use Allocated Density (rooms/gross acre) Maximum Net Density (rooms/net buildable acre) O.S.R(*) URBAN COMMERCIAL Hotel 15.0 24.0 0.2 Inst. Res. 15.0 24.0 0.2 URBAN RESIDENTIAL Inst. Res. 10.0 20.0 0.2 URBAN RESIDENTIAL MOBILE HOME 0.2 SUBURBAN COMMERCIAL Hotel 15.0 20.0 0.0 Inst. Res, 5,0 20.0 0.0 Rec. Rental 15,0** 15,0** 0,0 SUBURBAN RESIDENTIAL Hotel 5,0 20.0 0.5 Inst. Res. 3.0 6.0 0,5 Rec. Rental 5 , O*"" 15 . 0''<'* 0.5 SPARSELY SETTLED 14 Campgrounds 5,0*** 15.0*** 0,8 Hotel 5,0 20.0 0,8 OFFSHORE ISLANDS Campgrounds 2,0*** 10.0*** 0.9 Spoil Is land Campgrounds 1.0 2.0 0.6 DESTINATION RESORT Hotel 15.0 30.0 0.2 RV Hotel 15.0 15,0 NG Rec. Rental 15.0** 20.0** NG MIXED USE Hotel 15.0 15.0 0.2 Inst. Res. 10.0 20,0 0,2 Rec. Rental 15.0** 15.0** 0.2 MARITIME INDUSTRIES Hotel 15.0 20.0 0,0 MILITARY FACILITIES Inst. Res. 10.0 20.0 0.2 PARK AND REFUGE Hotels 5.0 20.0 0.9 Campgrounds 5.0*** 20.0*** 0.9 * with ** *** NG See additional open space ratios in section 9.5-343; in accordance Section 9.5-3(a), the most restrictive of these ratios applies. Recreational vehicle or campground spaces per acre. Campground spaces per acre. Not given PDI30N(b) Section 9.5-234 Section 9,5-234(a)(3), Monroe County Code, is hereby deleted. PD130N( c) Section 9.5-269 Section 9.5-269, Monroe County Code, is hereby amended to read as follows: Section 9.5-269 Maximum Non Residential Land Use Intensities and District Open Space (1) Land Use District and Use Maximum Floor Area Ratio O.S.R. (1) 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 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 15 URBAN RESIDENTIAL Institutional Public Buildings and Uses URBAN RESIDENTIAL-MOBILE HOME Commercial Retail - Low Intensity - Medium Intensity SUBURBAN COMMERCIAL Commercial Retail - Low Intensity - Medium Intensity - High Intensity Offices Commercial Recreational Institutional Outdoor Recreational Public Buildings and Uses Light Industry SUBURBAN RESIDENTIAL Commercial Retail - Low Intensity - Medium Intensity Offices Public Buildings and Uses Institutional SPARSELY SETTLED Public Buildings and Uses NATIVE AREA Public Buildings and Uses IMPROVED SUBDIVISION Commercial Retail - Low Intensity - Medium Intensity Offices COMMERCIAL FISHING AREA Commercial Fishing Light Industry Commercial Retail, Low and Medium Intensity COMMERCIAL FISHING VILLAGE Commercial Fishing CFSD 1 ( all) Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry CFSD 2 Commercial Fishing CFSD 3 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry CFSD 5 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing 0.30 0,30 0,2 0,2 (3) (3) 0.2 0.2 0,35 0.25 0,15 0.40 0.10 0.30 0.10 0,30 0.30 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 (3) (3) (3) 0.25 0,25 0.5 0.5 0.5 0.5 0.5 0.20 0.8 0,20 (4) (3) (3) (3) 0,2 0.2 0.2 0.50 0.40 0,2 0.2 0,40 0.2 0.40 0.2 0.35 0.25 0.40 0.30 0,2 0.2 0.2 0.2 0.40 0.2 0,35 0.25 0.40 0.30 0.2 0.2 0.2 0,2 0.35 0.25 0.40 0.2 0.2 0.2 16 Light Industry CFSD 6 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry CFSD 7 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Institutional Public Buildings and Uses Light Industry Heavy Industry CFSD 8 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry CFSD 12 Commercial Fishing CFSD 13 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry CFSD 14 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing ,Light Industry CFSD 15 Commercial Retail - Low Intensity - Medium Intensity Commercial Fishing Light Industry MIXED USE Commercial Retail Low Intensity Medium Intensity High Intensity Commercial Recreational Institutional Outdoor Recreational Public Building and Uses Offices Commercial fishing Light Industry INDUSTRIAL Light Industry Heavy Industry Public Buildings and Uses Restaurants Offices Commercial Fishing MARITIME INDUSTRIAL 0.30 0,2 0,35 0.25 0,40 0.30 0,2 0.2 0,2 0.2 0.40 0.40 0.35 0.40 0,35 0,2 0.2 0.2 0.2 0.2 0,2 0,2 0.35 0.25 0.40 0.30 0.2 0.2 0.2 0,2 0.40 0.2 0.35 0.25 0.40 0.30 0.2 0.2 0.2 0.2 0.35 0.25 0.40 0.30 0.2 0.2 0.2 0.2 0.35 0.25 0.40 0.30 0,2 0.2 0.2 0.2 0.35 0,25 0.15 0,10 0.30 0.10 0,30 0.40 0.40 0.30 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.40 0.25 0.50 0.30 0.40 0,40 0.2 0.2 0,2 0.2 0.2 0.2 17 Commercial Retail, Low and Medium Intensity 0.30 0.2 Offices 0,40 0,2 Public Buildings and Uses 0.50 0,2 Commercial Fishing 0,60 0,2 Light Industry 0,45 0.2 Heavy Industry 0,35 0.2 MILITARY FACILITIES Military Uses 0.50 0.2 Commercial Retail, Low and Medium Intensity 0,30 0.2 Offices 0,40 0.2 Public Buildings and Uses 0,30 0.2 AIRPORT Airport Uses 0.10 NG (2) PARKS AND REFUGE Public Buildings and Uses 0,20 0.9 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 3. Where commercial uses are allowed as permitted uses, and no FAR ratio is given, the maximum per lot stated in this article, permitted uses, shall prevail. 4. See open space ratios in Table 9.5-262 for "Native." PD141N Section 9.5-263, 9.5-264 Section 9.5-263, Monroe County Code, is hereby amended to read as fol- lows: Section 9.5-263. Improved Subdivision and Commercial Fishing Village District densities. Notwithstanding the density limitations of section 9.5-262, the owner of a lot in an Improved Subdivision District or Commercial Fishing Village District shall be entitled to develop a single-family detached dwelling on the lot, provided that: (a) The lot has sufficient land area and dimensions to meet the re- quirements of Chapter 10D-6, Florida Administrative Code, for the installation of on-site wastewater treatment system; (b) The lot was a lawful buildable lot eligible for a building permit on the effective date of this chapter; and (c) The development of a single-family detached dwelling on the lot conforms to each and every other requirement of the land devel- opment regulations. and section 9.5-264 is amended to read as follows: Section 9.5-264. Urban Residential Mobile Home District density. Notwithstanding the density limitations of section 9,5-262, the owner of a lot in an Urban Residential Mobile Home District shall be entitled to develop a single-family detached dwelling on the lot, provided that: 18 (a) The lot has sufficient land area and dimensions to meet the re- quirements of Chapter 10D-6, Florida Administrative Code, for the installations of on-site wastewater treatment systems; (b) The lot was a lawful buildable lot eligible for a building permit on the effective date of this chapter; and (c) The development of a single-family detached dwelling on the lot conforms to each and every other requirement of the land devel- opment regulations. PDl72N Section 9.5-268 Section 9.5-268, Monroe County Code, is hereby amended to read as follows: Section 9.5-268 Existing Residential Dwellings Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of land upon which a dwelling unit or a mobile home used as a principal residence prior to the effective date of the comprehensive plan and was lawful on the effective date of the comprehensive plan and was lawful on the effective date of this chapter, shall be enti- tled to a density allocation of one (1) dwelling unit for each such unit in existence on the effective date of this chapter. (Ord. No. 33-1986) PDl77N(a) Section 9.5-213 Section 9.5-213, Monroe County Code, is hereby amended to read as follows: The purpose of the Improved Subdivision (IS) district is to accommo- date the legally-vested development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of these regulations or three or more contiguous, im- proved parcels each less than 15,000 square feet and which had been created by metes and bounds prior to the adoption of these regula- tions. For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority- approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required set- backs. PDl77N(b) Section 9.5-4 Section 9.5-4(1- ), Monroe County Code, is hereby amended, creating a new definition to read as follows: (1-) Improved subdivision means two or more lots that were lawful- ly established and improved prior to the adoption of these regula- tions or three or more contiguous, improved parcels, each less than 15,000 square feet in size, which had been created by metes and bounds prior to the adoption of these regulations. Improved lots and parcels are those that have a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aque- duct-approved water supply and sufficient upland to accommodate the proposed use in' accordance with the required setbacks. This dis- trict is not intended to be used for new land use districts of this classification within the county. 19 PDl93N Section 9.5-267 Section 9,5-267, Monroe County Code, is hereby amended, increasing Section 9.5-267. maximum net density of RV, to read as follows: Maximum hotel-motel, recreational vehicle and institu- tional residential densities. Land Use District and Use O.S.R* Urban Commercial: Hotel Inst. Res. Rec. Rental Urban Residential: Inst. Res. Urban Residential Mobile Home: Rec. Rental Sub. Urban Commercial: Hotel Inst. Res. Rec. Rental Sub. Urban Residential: Inst. Res. Hotel Rec. Rental Destination Resort: Hotel RV: Rec. Rental Hotel Mixed Use: Hotel Inst. Res. Rec. Rental Inst. Sparsely Settled: Campgrounds Offshore Island: Campgrounds Maritime Industries: Hotel Military Facilities: Inst. Res. Park and Refuge Allocated Density (rooms/acre) Max. Net Density (rooms/buildable acre) 15.0* 15.0 15.0* 24.0 24.0 15,0* 0.2 0.2 0.2 10.0 20.0 0.2 5.0 7,0 15.0 20.0 5.0* 20,0 10.0* 10,0* 3.0 6,0 5.0 20,0 5.0* 10,0* 15,0 30,0 15.0 20.0 15.0 20.0 15.0 20,0 5.0 20.0 10.0* 10.0* 5.0 20.0 5.0*'''' 15,0** 2.0** 10.0** 15.0 20.0 10.0 20.0 5.0 20.0 0,2 o o o 0.5 0.5 0.5 0.2 0.2 0.2 0.2 0.2 0.8 0.95 o 0.2 0,9 * Recreational vehicle or campground spaces per acre **Campground spaces per acre (Ord. No. 1986, Section 9-307) PD193N(a) Section 9.5-267 20 Section 9,5-4(R-4), Monroe County Code, is hereby amended to read as follows: (R-4) Recreational vehicle means a vehicle or portable structure built on a chassis and designed as a dwelling for travel, recreation or vacation for tenancies or less than six (6) months; which has a trans- portable body width not exceeding eight (8) feet and a length not exceed- ing thirty-five (35) feet; and which does not qualify as mobile home and: (1) The travel trailer or park trailer has been placed in a travel trailer park, campground or a storage yard; (2) The travel trailer or park trailer has current licenses re- quired for highway travelj and (3) The travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on its wheels or internal jacking system and attached to this site only by the quick disconnect-type utilities commonly used in campgrounds and trailer parks or by security devices. No permanent additions such as Flori- da Rooms shall be permitted. 21 11i~~~\'~ .....".........,. <:'0 .. &..,~ji.".. COIO,;~,..,G-'9... ~: "'. (/) ,~~.,.,.: ' ..) ,.)~: ....,0............... t"Oq...!? ECO~~ mann!, 1.. ltolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL, (305~ 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL, (305) 294-4641 BRANCH OFFICE P.O, BOX 379 PLANTATION KEY, FLORIDA 33070 TEL, (305) 852-9253 July 14, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED POa.1-/3G-/0<.1 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 021-1989 adopting and ratifying certain negotiated Text Amendments pertaining to the Monroe County Land Development Regulations; etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on July 5, 1989. Please file for record. Very truly yours, Court Clerk cc: Mayor Michael Puto Commissioner Wilhelmina Harvey Commissioner Douglas Jones Commissioner Eugene Lytton Commissioner John Stormont County Attorney Randy Ludacer County Administrator Tom Brown Asst. Co. Admin. Don Craig File P 027 136 127 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL ve Certified Fee Special Delivery Fee Restricted Deliv;ry Fee Return Receipt showing to whom and Date Delivered () dO I . lENDER: Complete Item. 1 end When.... _ ... ............ ...... . 3 ,net 4. Put your eddreu In the "RETURN TO" Space on the ~.... Fe1kn to dCt this will prevent thll cerd frOm ~ re1Umed to J:" '. . .' .. 1 . 0ft8U '-"~~~::~-=1':1~.2. [J ~lctedDeIiYery % ,~~'... .....) . dttzrp) . . 3. A'1fC1e Adc:lreUec:t tp: Numbir ~~~~~~ . ~. \-a , ~ ~JLM.\~'u.. ao ~ ~.. ~ d.~ ....'a. ~'Vl,~ "!I2-~c>;,~/ ...~ DOMESTIC RETURN RECEIPT 6. Signature - Adc:Ir8ee X 6. Signature Agent X 7, Date of De/Ivery PS Form 38" i Mar. 1988 FLORIDA DEPAR1MENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802. The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 July 17, 1989 Honorable Danny L. Kolhage Clerk of Circuit Court & Ex-Officio Clerk to BCC Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Ko1hage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will' acknowledge: 1. Receipt of letter/s of July 14. 1989 and certified copy/ies of Monroe County Ordinance(s) Numbers 89-19. 89-20, 89-21, together with Resolution No. 89-406 2. Receipt of relative to: County Ordinance(s) (a) which we have numbered (b) which we have numbered 3. We have filed tnis/these ordinances in this office on July 17. 1989. (2:56 pm) 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Sincerely, ~ ~, Liz ~d, Chief \IN\. Bureau of Administrative Code LC f mb cc: Dept. of Community Affairs 4"- <..~'>'\>.{;,\ 6"' Co\JNr~ ~ ~.-'C"..............co rf~jj"';" CUIQi,~',.,~-1>.. \~[ , . \'" .: ....:.J '\.." ..<>"1 ~~.~O .,.......' ,- :.':7 ~it~.COUNl~.,..47 -,~&.}Jl.~:r j!)annp 1.. If{olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL, (3051743,9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294,4641 BRANCH OFFICE P.O, BOX 379 PLANTATION KEY, FLORIDA 33070 TEL, (3051 852-9253 May 21, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Welch Municipal Code Corporation Post Office Box 2235 Tallahassee, FL 32304 Dear Mr. Welch: Enclosed for your handling is a certified copy of Ordinance No. 021-1989 adopting and ratifying certain nego- tiated Text Amendments pertaining to the Monroe County Land Development Regulations. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on July 5, 1989. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board ~ounty Commis ioners BY:~~ . Rosalie L. C Clerk cc: Dianne Bair, Growth Management Division File -2