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Ordinance 004-1979ORDINANCE NO. 4 -1979 AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA, ADOPTING THE MONROE COUNTY LAND USE PLAN - 1977 AS REVISED FEBRUARY 1978 AS THE FIRST ELEMENT OF THE COMPREHENSIVE PLAN FOR MONROE COUNTY, FLORIDA; PROVIDING LEGAL STATUS OF LAND USE ELE- MENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, Florida, in conformity with, and in furtherance of, the purposes of the "Local Government Comprehensive Planning Act of 1975", Florida Statutes Sections 163.3161-163.3211; and of the "Florida Environmental Land and Water Management Act of 1972", Florida. Statutes Chapter 380, have after due consideration and study with public participation completed the Monroe County Land Use Plan - 1977 as Revised February, 1978, and WHEREAS, said Land Use Plan has been duly approved by the Monroe County Planning and Zoning Department and the Monroe County Zoning Board acting as the designated local planning agency pursuant to F.S. 163.3174, said Board having held numerous meetings with the public toward the end that broad dissemination of the land use proposals and alternatives and open public discussion be had and received, and WHEREAS, said Board having recommended to the Board of County Commissioners that said plan be approved and adopted by the County as an element to the Comprehensive Plan for Monroe County, and WHEREAS, said Land Use Plan has been approved by the Division of State Land Planning in accordance with Florida Statutes Chapter 163, and WHEREAS, the Board having duly considered the adoption of said plan at regular meetings held May 2, 1978, May 16, 1978, May 23, 1978, January 16, 1979, and January 30, 1979, now, there- fore, Page 1 of 2 Pages APPROVED ON I" 30 � BOOK S PAGE__I_ _ .._. )40 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the MONROE COUNTY LAND USE PLAN - 1977, as Revised February 1978, be and the same is hereby adopted by reference as the First Element of the COMPREHENSIVE PLAN FOR MONROE COUNTY, FLORIDA. Section 2. That said First Element to the Comprehensive Plan shall be accorded and have the full legal status and effect as set forth in Florida Statute, Section 163.3194, and particularly, no land. development regulation, land development code, or amendment thereto shall be adopted by the Board of County Commissioners of Monroe County, Florida, until such regulation, code or amendment thereto has been referred to the local planning agency for review and recommendation as to the relationship of such proposal to the adopted element or portion thereof of the Comprehensive Plan. Section 3. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknolwedging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office by the Department of Administration, Division of State Planning pursuant to the re- quirements of Florida Statute Section 380.05 and Florida Statute Chapter 120. BOARD OF COUNTY COMMISSIONERS OF MONROE COUN FLO IDA By (Seal) Attest: C er 1 HEREBY CERTIFY that this document APPROVED January 30, 1979 has been reviewed for legal suffi- ciency and that the same meets with my approval. BY Attorney's Office Page 2 of 2 Pages J4/ o QD • :i# 4'.1411 mon roe ifa�v plan � ll��Ojjl7 7 MONROE COUNTY LAND USE PLAN FINAL DRAFT JUNE, 1977 Revised February, 1978 As Amended January 30, 1979 Prepared By MILO SMITH & ASSOC.,INC. AND MONROE COUNTY PLANNING & ZONING DEPT. '1` 89�0 7R a G�`r Li({ 0, C71. �� vu11 Coun, The preparation of this document was financed in part through a Federal Grant from the - Department of Housing & Urban Development under the Urban Planning Assistance Program authorized by Section 701 of the Housing Act of 1954, as amended. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Don Schloesser, Chairman Richard A. Kerr, Vice Chairman Gerald Hernandez Puriegton Howanitz Jerome Shipley MONROE COUNTY PLANNING ADVISORY COMMITTEE Edward Davidson, Chairman Roy Anderson Paul Cates Ted Carter Nathaniel Funke STAFF PARTICIPANTS MONROE COUNTY PLANNING & ZONING DEPT. Kermit H. Lewin, Director Henry F. Weinkam, Senior Planner Pravin C. Shah, Planner Dorsey West, Planning Aide Herman Sweeting, Planning Aide Lorraine Rogers, Secretarial Assistance TABLE OF CONTENTS Section PAGE CHAPTER 1 INTRODUCTION AND SUMMARY 1-6 Introduction 1-2 Policy Summary 3-6 CHAPTER 2 LAND USE AND DEVELOPMENT POLICIES 7-28 Scope 7 Land Use and Development Goals 8 Planning Objectives 9-10 Land Use and Development Policies 11-28 A. Growth Management 11-15 B. Environmental Management 16-20 C. Enhancement of the Developed 21-26 Environment D. Planning and Intergovernmental 27-28 Coordination CHAPTER 3 LAND USE PLAN MAP 29-40 A. Determinants of Use Distribution 30 1. Physical Characteristics of 30-32 the Land in its Present State 2. Location and Character of 32-33 Existing Development 3. Community Facilities and 33 Services 4. Ownership Patterns 33-34 B. Design Concept 34-36 Lower Keys 35 Middle Keys 36 Upper Keys 36 C. Land Use Categories 37-40 CHAPTER 4 IMPLEMENTATION 41-47 A. Land Use and Development 41-45 Regulations B. Capital Improvement Program 46 C. Continuing Planning Process 46-47 APPENDIX BIBLIOGRAPHY 48 CHAPTER I INTRODUCTION AND SUMMARY �1 IINTRODUCTION Decisions affecting land use are made by a myriad of people and organizations. Among those who actively participate in shaping the growth and development of an area are bankers, realtors, developers, speculators, area residents, industries, and a number of governmental entities. Each makes decisions on an individual basis without regard for the total land use pattern. ' The purpose of the Monroe County Land Use Plan is to rectify that situation. The Plan adds rationality to the land use develop- ment process by specifying how and where Monroe County will grow. ' The Land Use Plan, essentially, represents the position which the County takes with regard to physical growth and development. ' The Plan provides a framework by which all decisions impacting the use of land in the County can be evaluated. With the adopted ' Land Use Plan, there are specific criteria which can be considered by County officials and used in making land use decisions. The Land Use and Development Policies for Monroe County constitute the core of the Land Use Plan of Monroe County. The policies provide a guide for decisionmakers, residents, and all others involved with land use development in Monroe County. The policy orientation of the Plan allows it to provide guidance on a long- term basis so that land use decisions can be reviewed for their consistency and compatibility. The policies presented in the following chapter describe postures, -1- r attitudes and anticipated courses of action Monroe County will assume in dealing with land use and development concerns in Monroe County. Collectively they outline a general and comprehensive approach to guide the actions of County govern- ment toward attainment of its stated land use and development goals and objectives. r� 7 7 POLICY SUMMARY ' In order to make the policies more useful to decisionmakers and County residents, the specific land use policies have been ' summarized below. The policy statements set forth below are further explained and expanded upon in the Land Use and Development Policies Chapter. ' A. GROWTH MANAGEMENT 1. All individual land use decisions will be reviewed in the ' context of the general allocation of land uses as set forth in the Land Use Plan. Conformance with the LUP shall be the basis for development approval. ' 2. A determination will be required to be made of the impact of proposed developments on public facilities and services ' of the area. Approval of the proposed developments will be contingent upon a determination that such facilities and services will be available in conjunction with the proposed development. ' 3. The County with the cooperation of other public agencies will utilize the provision of public facilities and services as one of its techniques toward influencing the amount, type, and direction of growth. 3.1 Priority will be given to upgrading the quality and ' dependability of services in the most extensively developed areas of the County. ' 3.2 Expansion of capability to serve new development will be provided in designated development centers in conjunction with plans to upgrade facilities in those areas. 3.3 Funding of facilities that must be planned to accommodate demands beyond existing levels will utilize revenue sources and financing methods which place an equitable burden for payment on the beneficiaries of the new development. 4. The County will direct its planning efforts toward protecting and enhancing employment opportunities in tourism, military, and ocean related industries. -3- ' B. ENVIRONMENTAL MANAGEMENT ' 1. The descriptions and inventory of preservation, con- servation and development land suitability classifications presented in the Florida Keys Coastal Zone Management Study will be used to determine where environmental ' limitations warrant careful control of the type, scale and design of development, and will indicate where development may be most suitably -accommodated from an ' environmental standpoint. Development design shall reflect these environmental limitations. ' 2. Proposed developments will be required to conform with County, State, and Federal policies and regulations concerning dredge and fill activities. 3. Applicants will be required to submit site alteration plans for new development for the purpose of determining the impact of such activity on surrounding waters and natural vegetation and for determining conformance with established County standards, criteria and guidelines. Adverse environmental impacts and non-conformance to County standards shall be a basis for development disapproval. 4. The use of PUD and other development clustering techniques will be encouraged as a means of facilitating effective use of sites with minimal disruption of sensitive en- vironmental features. 5. Monroe County or the developer will provide for adequate wastewater treatment in existing and new development. 5.1. Centralized public treatment facilities will be developed in urbanized areas as economic feasibility is evidenced. The plan requires phasing out of septic tanks and package treatment plants, with hook-ups to these new treatment plants as they become available. 5.2 In new residential subdivisions where planned densities are sufficient to eventually support a central treatment facility, the use of septic tanks will be permitted only on an interim basis until sufficient development has occurred to permit the installation of the central treatment system by the developer. ' 5.3 New developments will be required to strictly conform to County and State design and operating standards for septic tanks and package treatment plants. 1 C. PROTECTING AND ENHANCING THE URBAN ENVIRONMENT 1. Desirable existing patterns of land use and development will serve as a basis for determining distribution of future development. New development in adjacent areas will be required to form compatible patterns of land use. 1.1 Areas of residential use will be extended to their logical boundaries to form neighborhoods with compatible housing types and densities. Provision of facilities and services will be designed to improve their stability and upgrade their quality. 1.2 Existing centers of commercial activity will serve as focal points for location of new commercial activity. Concentration of commercial development in these areas will be encouraged, and continuation of strip commercial development will be discouraged. 1.3 The emerging commercial centers will also function as focal points to guide location of other activities and facilities that perform areawide services and functions. In addition, higher dens-ity ranges should be located in proximity to these centers on sites where development would be compatible with surrounding uses. 1.4 Acquisition of sites and construction of solid waste disposal facilities wil_1 consider and resolve potential negative effects upon surrounding develop- ment. Likewise, proposed developments in the vicinity of these sites shall be of a type, scale, and design which will not be incompatible with the operation of the facility. 1.5 Military installations will be protected from en- ' croachment of incompatible land uses which would - place their long-term suitability in jeopardy. 2. Proposed developments in the vicinity of the Overseas Highway will be required to be of a type, scale, and design which provides for controlled access in order to maintain ' effective and safe traffic flows on the Overseas Highway. 2.1 Future subdivisions will be designed so as to eliminate ' small frontage lots along the Overseas Highway. 2.2 Review by the Florida Department of Transportation will be required for all proposed developments along the Overseas Highway. Design recommendations of the DOT shall be incorporated into the final development order. ' -5- 2.3 Highway access adjacent to the ends of bridges will be strictly controlled. 2.4 Monroe County will initiate studies and programs designed to upgrade the visual appearance of development along the Overseas Highway. 3. Dedication of land, or fees in lieu of dedication will be required in order to meet the recreational and possible school siting demands of the new developments. 4. Stringent standards will be imposed on the location of multi -story buildings in order to minimize adverse impacts on adjacent uses and to ensure that such structures do not significantly detract from the low visual profile and character of development in the Keys. -6- 1 1 1 1 C 11 11 p I CHAPTER 2 1 LAND USE AND DEVELOPMENT POLICIES SCOPE Land Use and Development Policies, serve as a guide for decisionmakers by officially stating the end conditions and general parameters for action toward which all governmental functions influencing future land use and development in the County should be directed. The highest level of policy is the goals level, where the conditions the County hopes to achieve through its involvement in the land use development process are identified. Policies at lower levels describe the responsibilities County government will undertake in the development process as well as the positions and attitudes it feels it must assume in order to guide land use and development in a manner that will lead to attainment of the stated goals. Monroe County can influence the amount, type, and direction of growth in its jurisdiction through its authority to: 1) regulate the way the private sector develops and uses land and resources; 2) provide needed facilities and services; and 3) cooperate with other public entities in behalf of the citizens it represents. This plan touches on a diverse range of development issues and concerns of long-term importance that can be influenced and directed by any of these three approaches. In order to provide a useable guide for such a broad scope of concerns, the plan does not attempt to work out the details of possible solutions or approaches to each development issue. It instead attempts to outline the general purposes and intents for which such actions will eventually be undertaken. Specific approaches must be formulated through a continuing planning program in which various alternatives are identified and evaluated before selection of the most effective means of accomplishing the desired ends. -7- 1 LAND USE AND DEVELOPMENT GOALS ' The authority vested in Monroe Count to regulate and influence Y 9 f uence the development and use of land in Monroe County for purposes ' of promoting and protecting the public health, safety and general welfare shall be directed toward attainment of the following goals: ' 1. An environment for man that is in harmony with the area's unique and sensitive natural systems and features. 2. A development structure and make-up that facilitates the intelligent use and conservation of resources ' essential to the sustained well=being of the community. 3. A development framework that can offer an attractive ' and safe place to live and visit for persons with varied individual needs and lifestyles. 4. Systems of facilities and services that can efficiently ' and reliably accommodate the needs of the area's population. ' 5. A healthy and vigorous economy which can satisfy the goods and service needs of the area and can offer ample employment opportunities for the local population. i6. Preservation of the quality, function, and value of Monroe County's recreational, scenic and economic resources of state and national importance. 7. A development framework that provides optimum protection for both public and private investments in and commitments to the area. 8. An equitable system for distributing the costs of attaining the goals for development among those who would benefit. -8- IPLANNING OBJECTIVES ' The formulation and implementation of plans, programs and projects to be used by Monroe County in attaining the stated Development Goals will be guided by the following objectives: 1. Maintain growth and development activity at levels within which demands upon essential resources, facilities and ' services can be met without jeopardizing their quality or continued availability. 2. Encourage land use and development patterns and techniques ' that make possible the economical, efficient and reliable provision of facilities and services, and that can ' provide an urban development effective means of minimizing the on the natural environment impacts of and unique resources of the area. 3. Establish planning programs and regulatory controls that will allow for the accommodation of new growth and development while ensuring the protection and enhance- ment of patterns and features that are deemed to be basic and essential elements of the character typified by development in Monroe County and desired by its residents. 4. Guide economic development in Monroe County toward a condition that will keep pace with the employment, income and service needs of the community but which is not reliant upon sustained urban expansion in the area for its continued well-being. 5. Establish development controls and other governmental programs that will make possible and will encourage the provision of adequate housing to meet the needs of all persons employed in and necessary to the area's economy. 6. Establish programs for the financing of public facilities and services provided by the County that use funding resources and techniques designed to facilitate an equitable sharing of the costs of needed facilities and services. 7. Integrate planning and administrative functions in county government in a manner that will facilitate coordination in formulating, implementing and effectively enforcing the various programs, projects and ordinances used in attaining the development goals. -9- 8. Establish a continuing local planning process that ' encourages citizen involvement and participation in setting directions for future growth and development in Monroe County. ' 9. Encourage maximum coordination and cooperation among all local, state, regional and federal agencies whose policies and programs affect the nature and extent of future growth and development in Monroe County. 1 7 1 -10- -1 LAND USE AND DEVELOPMENT POLICIES ' A. GROWTH MANAGEMENT Problems and Concerns. A number of factors and considerations either pose or potentially pose practical constraints on the ability of Monroe County to accommodate new growth and development in a manner consistent with the stated Land Use and Development Goals. Among these are: Potential for loss or injury to persons and property due to storms. The geographic location and land configuration of Monroe County are such that tropical storms represent an ever- present threat to the continued safety and security of residents and property in the area. Under any plan of development and any standard of construction, the cumulative amount of loss or injury that could potentially be inflicted by a storm may be expected to increase with an increase in the total number of persons and amount of development in the area. Availability of water to meet development needs. The principal source of potable water to serve development in the Florida Keys is drawn from wellfields on the Florida mainland. The water is pumped through a large transmission line that extends the entire length of the island chain. The vulnerability of the transmission system to damage or destruction is in itself a concern due to the threat to the health and safety of the area's population posed by dis ruption of service. In recent years, long dry periods accompanied by increased water usage in the growing southeast Florida region have placed the overall water supply and replenishment systems of the area under stress. Until there is a fully en- forceable regional growth and water use policy that gives due consideration to the limitations of this water resource, Monroe County must view with concern the continued avail- ability and reliability of this source as a means of meeting its development needs. New sources and methods revealed through recent studies and technological advances offer apparent opportunities for -11- I 7 developing economical and dependable water supply alternatives to meet the needs of the Florida Keys. In some cases these may help to alleviate some of the concern for vulnerability of the transmission system by offering localized sources of water. Application of these new techniques and develop- ment of the needed delivery systems may, however, be constrained by natural conditions which must be determined through additional investigations, and by the magnitude of costs associated with developing and operating such systems in the Florida Keys —a factor which could necessitate re- liance on availability of funding assistance from federal or state sources in order to make alternatives feasible. Transportation limitations. ' The Overseas Highway is a vital and integral element of development in the Florida Keys. A substantial deterioration in the safety and efficiency of this main arterial roadway ' would have a significant negative impact on nearly all aspects of urban life along the island chain. The quality of service afforded by this route would be ' affected by use levels that exceeded its designed capacity. Improvements to expand design capacity are to a great degree dependent on policies and funding provisions set at ' state and federal levels. Thus, if adequate service is to be maintained, local growth policies, which can considerably affect the total use demands imposed on the Overseas Highway, ' must recognize the constraints imposed by policies and improvement programs established by other levels of government. ' Environmental limitations. The desirability of Monroe County as a place to live, work ' and visit is inextricably related to the quality of its natural environment and resources. The very nature of these assets is such that their quality and abundance are ' highly vulnerable to the impacts of development. Overall stress on the natural systems and the potential for destruction of irreplacable resources will increase as the amount of development in the area increases. Growth Management Policies ' The following policies are established to guide actions of the County that can influence the rate and amount of growth that may occur in Monroe County: 1. Monroe County will maintain a current Land Use Plan as an essential element of an overall growth management program for the unincorporated area of Monroe County. The plan, -12- while providing needed flexibility in the specific location and distribution of new development, will set forth a general allocation of land uses and implementation guidelines designed to accommodate an overall low density scheme of development reflecting the aforementioned constraints and concerns. .1 This land use plan will serve as a guide for land use and development decisions in Monroe County until more detailed and thorough analyses.of the area's carrying capacity can be developed. The plan will utilize the location and carrying capacities of various planned and economically feasible public facilities as a guide in determining the general amount and distribution of new development; assumptions will be made regarding future growth in incorporatedareas of the County and the demands it will make on common facilities. The plan will also reflect consideration for protecting the character of developed areas and for ensuring protection of important natural features. 1.2 The County will undertake a comprehensive community facilities study designed to establish the types and standards of service to be achieved in the unincorporated area. Based on these standards and on projected sources of funding, the County will develop and implement a public improvement program outlining areas in which public facilities and services will be provided at various stages of the planning period. The capacity of these public facilities will be used to develop appropriate density allocations and staging in the areas where service is to be provided. Periodic review and monitoring of these studies will be provided as a mechanism for updating the Land Use Plan. 1.3 The County will assist in preparation of a comprehensive analysis to establish a definitive carrying capacity for use in land planning in Monroe County when more information and improved methodologies become available. The carrying capacity will be determined through consideration of: limitations posed by all supporting facilities and services; natural resources and - environmental constraints; and cultural and psychological impacts of development on the character and lifestyle of the area. Findings of this study will permit additional refinement of the Land Use Plan. 2. Monroe County will require that a determination be made of the impact of proposed development on public facilities and services of the area. Approval of developments will be -13- I contingent upon a determination that services and facilities either available or scheduled to be provided in conjunction with the development are adequate to meet the projected needs at standards of performance established by the County. 1 2.1 The County will maintain ordinances and regulations requiring submission of information describing a development's impact on public.facilities and providing procedures for review by appropriate service agencies. 2.2 The County will prepare standards and criteria to be used in determining the adequacy of public services available to new development and for establishing additional re- quirements for services to be provided by the developer ' before the project can be approved. 3. The County will adhere to and will encourage other public agencies to adhere to the following guidelines pertaining to the provision of public facilities and services in Monroe County: 3.1 Priority will be given to upgrading the quality and dependability of services in the most extensively developed areas of the County. ' 3.2 Expansion of capability to serve new development will be provided in designated development centers in conjunction with plans to upgrade facilities in those areas. ' 3.3 Funding of facilities that must be planned to accommodate demands beyond existing levels will utilize revenue ' sources and financing methods which place an equitable burden for payment on the beneficiaries of the new development. 4. In order to attain a state in the local economy that is consistent with its growth management objectives, Monroe County will direct its economic planning efforts toward protecting and enhancing employment opportunities in tourism, military and ocean resources industries. 4.1 Planning for future development will recognize that tourism and ocean resource industries, including sport and commercial fishing, recreational boating, and skin and scuba diving, provide the principal economic base of Monroe County. These economic pursuits should be given high land use priority and other development should be compatible with these activities. -14- 4.2 Improved systems of highway, water and air transportation facilities will be facilitated and encouraged by the County in order to enhance the area's overall locational suitability for new good -paying employment activity. 4.3 The County will encourage research and development programs designed to insure optimum sustainable productivity in the ocean resources industries and to attract support industries that provide good employment opportunities and that enhance the area's ability to compete for new activity in the ocean resources sector. 4.4 Military installations will be protected from en- croachment of incompatible land uses which would place their long-term suitability in jeopardy. -15- B. ENVIRONMENTAL MANAGEMENT Problems and Concerns: ' Protection of the unique and important natural resources and features of Monroe County, including coral reef communities and natural stands of mangrove, is essential for the sustained well-being ' of the area's economy and for its desirability as a place to live and visit. Land use and development can potentially in- flict serious damage and deterioration of environmental quality ' unless it is properly controlled and directed. Some of the major concerns for impact on the natural environment are discussed below. Dredging and Filling Improper dredging operations in thepast have inflicted considerable damage on the area's natural environment. Sedimentation occurring as a result of dredging operations has left many of the inshore seagrass areas virtually unproductive. Several past studies have indicated a concern that this type of damage may result in a long- term (if not permanent) loss of a valuable resource, as these areas serve as breeding, nursery and feeding areas for many fish and shellfish species. Concern has also been expressed that the practice of fill submerged lands and mangrove areas also has done much to i n g upset the natural balance of the area's life systems. Both of these sensitive areas perform important functions as feeding and spawning grounds for many varieties of marine life; they are, in fact, critical to the entire natural food chain of the Keys. The mangrove areas serve additional functions of equal importance including those of sedimen- tation control and minimizing erosion and flood damage caused by storm waves and tidal surges. Wastewater Treatment Improper treatment of wastewater generated by urban - development has been cited as a prominent contributor to the deterioration of water quality in the Florida Keys. Widespread use of poorly designed and located septic tanks in areas where soils do not permit effective percolation and filtering has been viewed as the greatest single contributor to this problem. Even when public or private treatment facilities are in use, however, pollution may occur as a result of substandard treatment methods, -16- 1 equipment malfunction, plants operating above design ■ capacity, or collection systems in a poor state of repair. When inadequately treated effluent enters the area's waters, the water may take on a murky appearance, and offensive odors may be evident. In addition to these ■ aesthetically damaging consequences, failure to institute effective controls in future development could potentially make the waters unsuited for recreational use or may ■ jeopardize many forms of marine life including the viability of the unique living coral reef community. Solid Waste Disposal Methods traditionally used in Monroe County for disposal of solid wastes generated by urban land use and development have contributed to deterioration of the area's environmental and aesthetic quality. Reliance on open burning at dump sites has resulted in reduction of air quality to below state air pollution standards. Inadequate enforcement of County ordinances requiring solid waste disposal at authorized sites has resulted in a significant lack of control over the techniques and methods used for disposing of wastes. In some instances, dumping into shoreline waters has occurred and has been cited as a contributor to the decline in water quality. Shoreline Development and Site Alteration Ineffective control of shoreline development and site alteration has resulted in a deterioration of quality in surrounding waters and in destruction of natural vegetation valued for its function in the local ecosystem, for its ability to lessen storm and flooding hazards, and for its aesthetic and scenic appeal. Damage is inflicted as a result of drainage design that permits runoff to carry significant amounts of sediment and nutrients into adjacent waters, and through site planning that does not incorporate protection of natural vegetation as a basic planning factor ■ Environmental Protection Policies ■ The following policies are established to guide growth and development in Monroe County in a manner that will permit the effective protection of the area's unique and valuable natural resources and features and enhancement of the area's overall ■ environmental quality. 1. The descriptions and inventory of preservation, conservation ■ and development land suitability classifications presented in the Florida Keys Coastal Zone Management Study will be used -17- in county planning to determine where environmental limitations warrant careful control of the type, scale and design of development, and will indicate where development may be most suitably accommodated from an environmental standpoint. 1.1 The preservation classification encompasses those portions of the coastal zone which have overriding ecological, hydrological, physiographic, historical, or socio- economic importance to the public at large. Development in preservation areas will be restricted to the maximum degree possible within the limits of the County's authority to guide and regulate land use and development. When private rights to use of property limit the County's ability to restrict use in a manner consistent with its objectives for environmental protection, the County will encourage use of public funds from local,, state, and federal resources to acquire areas in immediate jeopardy of destruction for preservation as permanent open space or for placement in public uses that are compatible with their environmentally sensitive nature. 1.2 The conservation classification encompasses those areas of the coastal zone that are not absolutely critical to regional ecological integrity (except certain wildlife refuges), but because of their physical character or present use provide "buffer zones" for preservation areas and represent retention of use options for future generations. Monroe County will strive to restrict the type and extent of development in conservation areas in order that they might be retained to permit use options for future generations. Development which is permitted to occur in these areas must satisfy stringent standards and requirements designed to ensure minimal impacts on important environmental and resource features. 1.3 The development classification includes areas that are well suited for intensive development and are not considered to be environmentally fragile. The category "development" does not inherently imply complete development of areas so designated; rather, it indicates that if intensive development is to occur at all, -it should be directed to these areas. Use of land that is indicated as suitable for development will be guided to ensure that development and use does not impose external negative effects on environmentally sensitive features in nearby areas. 2. While it is recognized that the exact nature and extent of environmental damage resulting from wastewater treatment practices in the Florida Keys has not been conclusively described, Monroe County will view inadequate wastewater treatment as a potentially serious threat to the area's environmental quality. Areawide planning for the treatment and disposal of liquid waste will therefore adhere to the following guidelines: 2.1 Centralized public treatment facilities will be developed in urbanized areas as economic feasibility is evidenced. The plan requires phasing out of septic tanks and package treatment plants, with hookups to these new treatment plants as they become available. 2.2 In new residential subdivisions where planned densities are sufficient to eventually support an adequately functioning central treatment facility, use of septic tanks will be permitted on an interim basis until it is determined that sufficient development has occurred to permit installation of the central treatment system by the developer. Posting of adequate bond, or dedicating land to meet the costs, plus an inflation factor, of central treatment system should be required of the developer at the time of plat approval. 2.3 The County will cooperate with the State in developing and enforcing stringent design and operating standards for septic tanks and package treatment plants to govern their use either on an interim basis or where conditions are found to permit their continued use without posing a threat to water quality. 2.4 Development in which private central treatment facilities will be required will be responsible for providing collection, treatment and disposal methods that meet design and performance standards established by the County. New development in areas where public central treatment is available will be required to provide collection lines at the developer's expense. 3. Monroe County will establish and implement areawide plans and programs for the collection and disposal of solid waste in the Florida Keys. The plan will address the waste disposal needs on a long-term basis rather than as a solution for immediate problems. 3.1 Public improvement programs will place high priority on acquiring or reserving suitable sites for future location_ of local waste processing or disposal facilities to meet the long-term needs of the waste disposal program. 3.2 County planning for acquisition of sites and construction of solid waste disposal facilities will take into consideration the potential negative effects on surrounding development. Standards and criteria will also be developed and applied to new development pro- posed in the vicinity of these sites to ensure against encroachment by incompatible land use activities. -19- 3.3 The County will stringently enforce an ordinance requiring residences and business activities to utilize collection and waste disposal services authorized by the County and will impose severe penalties for violation. 3.4 The County will encourage development of resource recovery programs as an integral element of the solid waste disposal program when these prove to be economically feasible. 4. County land use and development regulations will be designed and used to complement and support state and federal policies and regulations concerning dredge and fill activity. The County will seek approval of properly conducted dredge and fill for necessary and essential public purposes. The County will also promote further studies to determine the manner and conditions in which prohibition of dredge and fill activity may be replaced in appropriate instances by regulation of its conduct. 5. The County will require submission of site alteration plans for new development for purposes of determining the potential impact of development activity on surrounding waters and natural vegetation. Standards and criteria to be used in evaluating impacts will be set forth, and per- mitted alteration practices will be described. A finding that proposed development does not conform to established standards, criteria and guidelines will be a basis for disapproval of the development. 6. The County will develop a local acquisition program and will encourage expansion of state, federal and private programs to acquire land for purposes of environmental preservation and protection. 7. The County will provide opportunities for use of Planned Unit Development and other development clustering techniques as a means of facilitating effective use of sites with minimal disruption of sensitive environmental features when public acquisition of these areas is not feasible. -20- C. ENHANCEMENT OF THE DEVELOPED ENVIRONMENT Problems and Concerns: A major purpose of this plan is to provide a strategy for accommodating new growth while at the same time protecting the area's natural environmental quality. The plan will also ensure that growth will not cause the quality of the present developed environment to deteriorate or pose a serious threat to public and private investments. It will instead be directed in a manner that is compatible with the area's basic development character and that contributes to the overall enhancement of the developed environment. Some of the problems and concerns associated with the present developed environment are briefly described below. Excessive Density Excessive densities have been permitted in some areas of the Florida Keys and the resultant effect has been the undesirable emergence of population -congested areas characterized by use demands that exceed capacities of public facilities and transportation networks. Building Height and Bulk The height and bulk of buildings in the Florida Keys can potentially be detrimental to the area's overall scenic quality and character if adequate consideration is not given to their proper location and design. Buildings of excessive height or bulk can dominate the natural land- scape or disrupt important open views. Incompatible Land Use Relationships Existing development patterns in Monroe County can generally be described as random and haphazard characterized by ex- tensive mixing of incompatible and conflicting land uses. Continuation of these practices would place today's sound areas of development in jeopardy of future deterioration. The absence of adopted and enforced policies and standards to guide future land use relationships weighs in favor of the land speculation investor and against persons who have made a development commitment. Transportation Efficiencv and Safet Increased traffic demands, inadequate control of roadside development, and general physical deterioration of the -21- F 1 facility itself have reduced the ability of the Overseas 1 Highway to move traffic efficiently and safely. The economic well-being, cost of living, and overall desirability of the urban environment have been considerably affected. 1 Housing 1 The present housing supply in Monroe County is insufficient to meet the housing needs of Monroe County residents. Most of the new construction in recent years has been aimed at markets outside the county and is priced above the means 1 of many persons employed in the local economy. Thus, greatest needs are for adequate housing facilities for low and moderate income families. Costs associated with measures 1 required to satisfy environmental objectives may increase the governmental effort required to meet this need. Urban Appearance The image and appearance of the Florida Keys urban envir- onment is influenced to a great extent by the visual experience provided during travel along the Overseas Highway. Uncoordinated and intermittent development, lack of even a basic design continuity among structures and uses, and insufficient signage, landscaping and site maintenance provisions are evidenced in the present visual experience. Deterioration of the scenic quality along this important route diminishes the desirability of the Florida Keys as a place to live and visit, and, therefore, has a negative effect on residential land values and the tourist industry. Urban Support Costs Expenditures needed to provide urban support services in the Florida Keys are typically higher than those needed to provide a similar level of service in other areas due to a number of factors - including its geographic location and configuration, absence of local sources of needed materials and equipment, the need to protect the area's environment, and seasonal fluctuations in population size. A strong feeling exists locally that the area's residents are bearing an inordinate burden of the costs of facilities that in part are needed to make the Florida Keys available to people from other areas. Policies for Protecting and Enhancing the Urban Environment The following policies are established to guide future growth and development in the County in a manner that will -22- improve the quality of the urban environment while protecting the desirable elements of its basic developed character. 1. Desirable existing patterns of land use and development will serve as a basis for determining distribution of future development. When sound and stable areas of development meet appropriate location standards, compatible new development will be encouraged in adjacent areas in order to form logical and consistent patterns of use in the County. An overall purpose and effect of this policy will be to sustain the overall character of Monroe County as a low density, leisure -oriented area of development. .1 Areas of residential use will be extended to their logical boundaries to form neighborhoods with compatible housing types and densities. Provision of facilities and services will be designed to improve their stability and upgrade their quality. 1.2 Existing centers of commercial activity will serve as focal points for location of new commercial activity. Concentration of commercial development in these areas will be encouraged, and continuation of strip commercial development will be discouraged. 1.3 The emerging commercial centers will also function as focal points to guide location of other activities and facilities that perform areawide services and functions. In addition, higher density ranges should be located in proximity to these centers on sites where development would be compatible with surrounding uses. 1.4 Existing and proposed locations for industry -related ' development, waste disposal facilities and airports will be protected from encroachment of incompatible uses which would jeopardize their ability to function. ' 2. The County will require review of all proposed develop- ment to determine potential impacts on facilities, surrounding uses and environmental and natural resource ' features. Significant adverse impacts will result in disapproval of the project. ' 3. Stringent standards will be imposed on the location of multi -story buildings in order to minimize adverse impacts on adjacent uses and to ensure that structures do not significantly detract from the low visual profile 1 and character of development in the Keys. Building height and siting regulations will be designed: 1 -23- 3'.1 to be used as mechanism to facilitate protection of important environmental features and for securing permanently maintained open space an an integral element of the developed community. 3.2 to aid in maintaining views to water from upland development and the highway; 3.3 to ensure that the height and scale of structures is integrated into and is complimentary to surrounding development and the natural landscape; 3.4 to ensure that the height of buildings does not reduce the fire -fighting effectiveness of available equipment. 4. Monroe County will initiate studies and programs designed ' to upgrade the visual appearance of development along the Overseas Highway. Elements of these studies and programs may include: ' 4.1 Strict enforcement of sign regulations concerning location, lighting, size, materials, etc. 4.2 Requirements for landscaping of parking areas and buildings. ' 4.3 Requests for public funds for landscaping and beautification in urban area right-of-way, and encouragement of voluntary civic efforts for roadside beautification. 4.4 Review of proposed construction and building alteration to promote emergence of basic continuity of architectural style reflecting character of the Keys. 4.5 Strict enforcement of anti -litter ordinances and requirements for maintenance of lots and landscaped areas. 5. Monroe County will pursue an ambitious policy for con- trolling access to the Overseas Highway in order to increase its ability to effectively and safely move traffic in the Keys. 5.1 The County will cooperate with Florida Department of Transportation officials in effectuating a program to correct existing access problems through design -24- ' of improvements to U.S. 1 and through development of alternative traffic circulation patterns where feasible. 5.2 Local development regulations will discourage subdivision practices which create small frontage ' lots along the Overseas Highway. Review by the State Department of Transportation will be required for all proposed development of properties along the ' Overseas Highway. 5.3 Highway access adjacent to ends of bridges will be strictly controlled. 6. The County will promote and encourage development of alternative transportation systems which would alleviate ' reliance on the private auto and dependence on the Overseas Highway as the primary transportation route. 6.1 Public transit systems will be developed in areas ' where sufficient need is evidenced and where economic feasibility is shown. 6.2 Public airports will be maintained to facilitate increased use of air transportation as an alternative to highway travel. ' 6.3 The County will solicit state and federal grants to study feasibility of developing water transportation systems as a travel alternative. 6.4 The need for shore facilities for appropriate water transportation systems for public use will be given ' due consideration in land use allocations. 7. The County will guide development of a range of educational, cultural and recreational facilities and activities ' offering opportunities to meet a variety of individual needs of residents living in all areas of the County. 7.1 This policy recognizes that the health and welfare of residents of Monroe County arereliant upon a minimum level of opportunities being provided and ' that developing public facilities to overcome those deficiencies identified locally should receive highest priority in facilities funding. 1 7.2 County parks and recreational planning will be addressed to meeting the needs of the local population. The County will look to state and federal agencies to bear an equitable share of costs for development of facilities to meet the additional demands generated by visitors. ' -25- 8. The County will require dedication of land, or fees in lieu of dedication to meet recreational needs of new development. Dedication or fees required will be based on standards con- tained in a recreational element of an adopted Comprehensive Plan. The need for sites for future school construction will also be considered, and reservation of sites will be required when appropriate and consistent with the Compre- hensive Plan. Such dedications, reservations, or payment of fees should be accomplished at the time of plat approval. 9. The County will work with the school system toward the joint planning, financing, acquisition and maintenance of facilities that may serve both school and countywide educational, recreational and cultural needs through a more effective use of buildings and land. 10. The County will use its regulatory and financial resources to aid in overcoming obstacles to the provision of housing to meet the needs of low and moderate income residents employed in the local economy. 10.1 County improvement programs will work toward elimination of blighting factors and upgrading of facilities in low and moderate cost housing areas. Substandard housing will be upgraded or eliminated through housing code enforcement, rehabilitation and demolition. 10.2 Allocation of areas for medium density residential development in the land use plan will take into consideration the opportunities this would provide for developing moderately priced housing. 10.3 The County will solicit housing assistance funds from state and federal agencies for use in developing housing as needed to supplement efforts in the private housing sector. 10.4 The County will encourage citizen participation in the development of housing strategies for the County and for individual neighborhoods. -26- D. PLANNING AND INTERGOVERNMENTAL COORDINATION ' The land use and development policies for Monroe County presented in this document outline a comprehensive course of action intended to guide Monroe County government toward attainment of objectives acceptable to citizens of the County and by means that are also ' acceptable to the citizenry. Implementation of these policies will require a continuous process of follow-up planning. In addition, since this plan has also recognized the concerns and ' responsibilities of other governmental agencies and their con- stituencies, effective implementation will require close inter- governmental cooperation. ' Policies for Plan Implementation and Intergovernmental Coordination 1. The policies adopted in this document will serve as the ' official planning policy guide for all County functions affecting future land use and development in Monroe County. ' 2. Monroe County will maintain and fund a planning staff capable of effectively developing and administering the planning _ programs and tools needed to implement the adopted policies. 3. Procedures needed to enable effective administration and enforcement of County land use and development regulations will be developed and implemented. The County will also ensure that an adequate number of competent personnel are available to administer sound enforcement programs. 4. The Planning and Zoning Department will conduct periodic review of policy elements and will develop the information needed to: determine progress made toward achieving objectives; evaluate effectiveness of individual policies; identify viable alternatives, and evaluate relevance of the policies to current conditions. 5. Monroe County will encourage a high degree of citizen in- volvement in the planning process through: 5.1 Increased dissemination of planning information to the public; 5.2 Development of a planning and environmental education program to explain intents and uses of plan elements and implementation tools; 5.3 Creation of a permanent Advisory Planning Board to provide citizen input and reaction for use in the planning_process; -27- r 5.4 Appointment of ad hoc citizen task force groups to aid in developing proposals and soliciting input on specific ' issues for use by the Advisory Planning Committee and the Planning and Zoning Department. ' 6. Monroe County recognizes that effective implementation of its adopted policies will require close coordination with local municipalities, utility agencies and boards, the school board, Navy officials, etc. The County will therefore work with ' these groups to establish mutually compatible policies for the accommodation of growth and development and the expansion of services. ' 6.1 The County will seek to establish a formal process through which representatives of all local governments ' would meet to formulate policies addressing inter - jurisdictional issues. 6.2 The County will seek official recognition of its land ' use and development policies as the basis for planning for the provision of services to unincorporated areas of Monroe County by other governmental agencies, boards, ' and authorities. 7. Monroe County will encourage development and adoption of ' growth policies for the South Florida Region. Used as a basis for determining appropriate allocations of the area's re- sources to areas and uses in the region, this plan would facilitate preparation of carrying capacity studies for use ' in local land use and development planning. 8. Development guidelines established by the State to ensure adequate protection of resources of statewide importance are ' reflected in the Land Use Plan and implementing ordinances. Consequently, the County will look to the state for financial and technical assistance in implementing these objectives on ' a continuing -basis. 9. Monroe County will participate with state and federal agencies ' in enforcing environmental regulations and in protecting state and federal lands and facilities in Monroe County. The County will encourage establishment of a clearinghouse ' review procedure locally to facilitate effective review administration and to avoid conflicts in policy. u 1 -28- CHAPTER 3 LAND USE PLAN. MAP ' *This Land Use Plan does not adopt a Land Use Plan Map. This section of the Land Use Plan is for the purpose of establishing what the Land Use ' Plan Map, when Adopted, is to illustrate. *LAND USE PLAN MAP ' The Land Use Plan Map, as developed during the Land Use Plan Update of 1976 and as amended from time to time by the Planning ' and Zoning Department illustrates a general long range develop- ment concept. As the County's Land Use Plan is used to guide development decisions, land use patterns depicted in the Land Use Plan Map may be expected to emerge. The plan is general because it must serve as guide for thousands ' of development decisions, each involving distinctly different circumstances and conditions, to be made in the coming years. ' Using the information compiled for the entire planning area, the map attempts to anticipate the outcome of each of these ' decisions that might be expected if the stated development ' policies are followed. In actuality, these decisions must be made one -by -one based on a much more explicit level of information describing the individual site's conditions, its surroundings, the nature of the proposed activity, and the ' availability of facilities and services it will require. ' The development concept is long range so that it may better serve as a guide for future decisionmaking. Future problems ' and needs often become more easily recognizable when all of the development that could potentially occur incrementally over an extended period of time is considered as if it were ' all in existence at once. Once recognized, decisi-ons can be made which will help to avoid the potential problems or meet ' -29- future needs not on a parcel -by -parcel basis but rather on an ' areawide basis. The Land Use Plan Map is not a zoning map. The use categories ' of a Land Use Plan Map deal with land use at a level specifically ' appropriate for areawide transportation, community facilities, economic, and utilities planning. The zoning process, through ' its consideration of land use on a parcel by parcel basis, is concerned with the effects of development of one parcel of land ' upon surrounding parcels. The restrictions and requirements of ' a zoning ordinance or similar land development regulation are not designed to provide the guidance intended for the long range ' comprehensive planning approach. A. DETERMINANTS OF USE DISTRIBUTION The following factors were used as primary determinants for the ' distribution of uses in the Land Use Plan Map: 1. Physical Characteristics of the Land in its Present State ' The Florida Keys Coastal Zone Management Study included an inventory of characteristics of the Florida Keys landscape. ' Based on this inventory, land was classified into three ' broad categories of use suitability as follows: Preservation - Portions of the coastal zone exhibiting ' characteristics are of "overriding ecological, hydrological, ' physiographic, historical, or socio-economic importance" to the general public. These areas are deemed to be the ' least suitable for use because development could potentially have a detrimental impact on the essential functions and ' -30- Ivalue of their natural features. ' Conservation - Areas in the coastal zone that are of some- what lesser importance from a natural ecological standpoint ' but which do serve an important protective function for the most sensitive areas and/or have significant aesthetic value. ' Included in this category are some of the Keys native ' vegetative communities whose occurrence on the island chain has diminished as a result of past development. Development - This category includes areas that are already developed, have been substantially altered for development, ' or are not considered to be fragile. Land environmentally ' in this category is considered to have the highest suitablity for use from a natural characteristics standpoint. ' The category "development" does not inherently imply complete development of areas so designated; rather, it indicates that ' if intensive development is to occur at all, it should be ' directed to these areas. Although these use suitability classifications were used as ' a guide for preparation of the Land Use Plan Map, the land areas identified by these categories are not presented in ' their entirety in the Land Use Plan Map. This plan recognizes ' that there are opportunities to develop some parcels in uses indicated by the other land use determinants without ' significantly degrading the environmental function or value of sensitive features on the site through adherence to ' shoreline protection and site clearing regulations. F1 1 -31- ' Conversely, instances may occur where suitable land as ' indicated by the site's physical conditon may be isolated by highly sensitive areas which could be significantly disturbed if development were to occur. As a general rule, the pre- dominant condition found in each general area determines the intensity of development that might be accommodated from a physical conditions standpoint. 2. Location and Character of Existing Development ' Existing patterns of land use and development are allowed to serve as a guide for allocating space for future land uses. The existing land use survey prepared for the 1974 Land Use Plan Update served as an information base. This information was corrected where needed as could be determined through review of recent aerial photography by the County planning staff and through spot check field surveys. Undeveloped parcels in areas having stable existing patterns of development are assigned uses which would be compatible with surrounding activities and which would reinforce de- sirable patterns. Developed commercial areas providing goods and service needs serve as focal points from which all new land use activities are distributed. By orienting most of the new growth to these areas as other factors permit, the potential for continued strip commercial development along U.S. 1 is diminished. The Land Use Plan Map is concerned with patterns of use rather than the specific use appropriate for each plot of land. Consequently, the use of existing land use data as -32- 1 a guide for plan preparation is also concerned with the ' patterns of existing use. In both instances, it is there- fore possible to have a greater variety of alternative uses in each use category than is usually possible under ' restrictive regulatory devices of the zoning ordinance. 3. Community Facilities and Services - Existing and Planned tPublicly operated facilities and services are usually among the most useful tools available for guiding the distribution of future growth and development in an area. Foremost among the effective tools are public programs for provision of water, sewers, streets, and schools. While each of these have strong implications for the overall level of growth and development in the Florida Keys, their use as a means of distributing growth in a positive manner through the area has been rendered largely ineffective. Ineffectiveness can be attributed to lack of a plan and program for long range provision of services by the County, a condition that exists because the people cannot agree upon: what services should be provided; how much capacity; who should pay and how much should they pay; where should they be located, etc. 4. Ownership Patterns ' The Land Use Plan Map intends to illustrate a reasonable use of land to every parcel in private ownership. Publicly - owned land is presumed to be available for a variety of public use purposes that would be compatible with surrounding area. One legitimate use of publicly -owned land could be 1 -33- d ' reservation of environmentally p critical features. It is ' not known at this time to what extent additional public acquisition of environmentally sensitive areas will be ' required, but it is that held for expected areas presently ' that purpose will continue to be publicly owned and pro- tected in future years. ' Large individual private land holdings often include land that may fall in several use suitability categories. The ' Land Use Plan Map, through its general approach to use ' distribution, does not attempt to describe specifically how these sites might be developed. Through a planned unit ' development approach, the uses shown in the Land Use Plan Map may be concentrated in a portion of a large site while ' leaving sensitive areas undeveloped or very minimally ' developed. In areas where land ownership is highly fragmented due to past subdivision practices this same flexibility does ' not exist. ' B. DESIGN CONCEPT The overall strategy for development represented in the Land Use ' Plan Map provides for more intensive uses expected to be re- quired in future years to occur in areas where the most extensive urbanization has already occurred. These areas serve as focal_ ' points for all future development with new development intensity gradually declining with distance from the focal centers. Environmentally sensitive areas are considered for the lowest practical order of use. The concept for various sectors of 1 -34- the Florida Keys are described in the following sections. Lower Keys - Stock Island to Seven Mile Bridge The Lower Keys division contains large amounts of preservation or conservation areas as designated in the Coastal Zone Manage- ment Study. Protection of the functions and features of these areas will require that the area develop in low intensity patterns. New residential development allocated to this area closely follows the land suitability classifications based on physical condition. The overall low density patterns are maintained by keeping densities in the area at minimal levels. These patterns should adequately accommodate any future housing needs that might occur as a result of expansion of the Key West urban area. Key West is the primary center for this area although Marathon influences trade and service patterns in its easternmost portions. Big Pine Key possesses a developable land area and development patterns which could permit it to emerge as a secondary center in the coming years. This occurrence could help to somewhat lessen trip distances for area residents and could thus aid efforts to reduce potential levels of through traffic on U.S. 1. Other new commercial use in this sector should be restricted to local convenience, highway service and tourist lodging facilities to be developed in areas that currently exhibit commercial use patterns. -35- Middle Keys - Marathon to Lower Matecumbe Marathon has emerged as an important urban center in the Florida Keys. The area contains a substantial amount of commercial development but also includes a growing resident population and can absorb some of the more intensive new development in order to reduce pressures on other areas. Expansion of this area will require that Grassy Key, minimally developed at present, be absorbed as a new residential center. In this process, however, it is important that continuation of the strip commercial development evidenced in the Marathon area be avoided because of the detrimental effects it can have on U.S. 1 traffic flow and on the planned residential character of the area. New commercial needs can adequately be accommodated through use or reuse of property in the existing developed area. Upper Keys - Upper Matecumbe to Key Largo This division exhibits an almost continuous band of developed or committed to development areas from its southern end to midway on Key Largo. Further expansion of this pattern should be avoided. The planning effort here should be directed toward reinforcing favorable elements of the pattern in a way that would distinguish the commercial, tourist -oriented, and other in- tensive use areas from the sound low density residential communities. Islamorada, Plantation -Tavernier, and Key Largo Business District in the vicinity of Mile Marker 100 are the designated development centers. Land availability and location indicate that Key Largo Business District should emerge as the principal commercial and service focus for this division. -36- C. LAND USE CATEGORIES Proposed land uses in the Land Use Plan, Map to be presented in eight use categories. Protection Use This category implies that any planned use of the land should be accomplished with minimum disruption of its natural features. Land stability was theprimary determinant in locating this use. It includes publicly -owned or controlled lands that are not utilized for intensive recreation, including some areas lying in the wildlife refuges. Major future public acquisitions may also be expected to come from these areas. Residential usage in these areas should be limited to no more than one unit per two acres gross density preferably to be undertaken through a planned unit development approach which would reduce the need for creation of a network of streets and utility lines that would disrupt the local ecosystem. Alternate extremely low intensity uses might also be developed if due consideration is given to the relationship between these and the intended character of the overall area. Residential Estates: This is to use classification applied primarily conservation ' areasand areas that are outlying from the designated development centers. Residential development here would have an overall ' gross density of .5 to 2 dwellings per acre. Once again, because conservation is a major purpose of this use classi- fication, planned unit development which would allow significant natural features and functions to remain undisturbed should be encouraged. -37- l Residential Low Density This use classification includes residential developments with ' densities ranging from 2 to 6 dwellings per gross acre. Typical units at this density include single-family homes, mobile ' homes, duplexes and some townhouse or cluster developments. ' This use is distributed primarily in areas where substantial development has already occurred at comparable densities. It is also the predominant residential use in areas where the urban- ized area is designated for expansion. Residential Medium Density This use classification includes development ranging from 6 to 8 units per gross acre. Typical units at this density include ' multiple family residences and/or townhouse or cluster develop- ments. This use will occur primarily in those areas already ' highly developed and in and around the emerging commercial ' centers. If located in the vicinity of a business district, this use category may also include tourist residential develop- ment permitted at a density of no more than 25 units per gross acre. ' Commercial Uses 1 Commercial uses include retailing, service and some wholesaling establishments serving both residents and tourists. Commercial ' U.S. 1 uses are concentrated along and to the extent possible, are centered in the areas that already exhibit a significant pattern of commercial development. Other uses in these areas 1 include Recreational Vehicle Parks District at a maximum density of 10 spaces per gross acre and Residential Tourist Districts (Hotels -Motels) at a maximum density of 25 units per gross acre. ' Industrial Uses Industrial uses shown in the plan include activities typified ' by a manufacturing or processing function. New uses will be ' concentrated in areas that already exhibit an industrial development pattern. Public/Semi-Public This category includes administrative, educational, cultural, public health and safety, utility, and similar facilities that ' serve primarily a public service function. The plan at present shows only those currently in existence. Proposed sites should ' be added as community facilities study phases are completed. Parks and Recreation The Land Use Plan shows existing active park and recreational facilities. Proposed sites for new facilities recommended through an areawide parks and recreation needs study should also be reflected in the Plan when completed. -39- LAND USE CATEGORIES AND CORRESPONDING EXISTING ZONING CLASSIFICATIONS (Land Use Districts as shown on the LUP Map do not necessarily conform with the existing Zoning Districts) LAND USE CORRESPONDING PERMITTED CATEGORIES EXIST. ZONING MAX. STRUCTURAL DENSITY L.U.P. MAP CLASSIFICATION (ZONING ORDINANCE) Residential RU-lE Single Family 1 Unit per 1 net Estate Residential Estate acre PUD Planned Unit Develop Residential RU-1(1M) Single Family 3 to 4.5 units pearcpeoss Low Density RU-2 Two-family Units Mina lot size: PUD RU-1 - 8000 sq. ft. RU-2 - 12,000 sq. ft. Residential RU-3 Multi -family Units RU-3 8 units/gross acre Medium Density RU-4 Townhouses RU-7 Tourist Residential RU-4 6 units/gross acre PUD RU-7 25 units/gross acre Min.lot size- 2 acres(RU-7) Public/ RU-1, RU-lE, RU-2 Semi -Public and GU Protection Use GU General Use District Residential Development permitted not to exceed 1 unit per 1 acre Industrial BU-3 Heavy Business Min. Lot Area District 1 acre, max. area coverage 50;a RU-6 Recreation Veh.Pk. RU-6 10 spaces/gr. acre Commercial RU-7 Tourist Residential RU-7 25 units/gr. acre BU-1 Light Business BU-1 Min.lot size: BU-2 Medium Business 10,000 sq.ft. BU-2 15,000 sq.ft. Max.lot(BU-1-2)Cov. 50% Recreation RU-1, RU-IE, RU-2 and Park GU The matrix will be revised as the Zoning Ordinance is amended from time to time. ' -40- 0 0 n CHAPTER 4 u IMPLEMENTATION IMPLEMENTATION The Land Use Plan is one of the nine required elements of the Comprehensive Plan mandated by the State Local Government Comprehensive Planning Act of 1975. The State legislation also requires that the Comprehensive Plan be adopted by July 1, 1979, and that this Plan have legal status and that "no public or private development shall be permitted except in conformity with Comprehensive Plan(s) or elements or portions thereof". The governing body responsible for the adoption of the County Land Use Plan is the Board of County Commissioners. It is this governing body which has the responsibility for the overall implementation of the Plan. The successful implementation of the policies and principles of this document will be determined to a great extent by the County's ability to integrate them into the overall planning effort and into the development regulation process. The following are the major actions required to fully implement this Plan: A. LAND USE AND DEVELOPMENT REGULATIONS One of the most important aspects of implementation of any land use plan is the function of processing development orders whether platting, zoning, issuing of building permits, and other governmental permitting and regulatory activities. The exercise of these functions is very crucial in directing growth and services to reflect policies and principles of -41- 7 1 the Plan. It is recommended that the County establish a development review process in order to provide framework ' in which to determine the conformity of the proposed new development with the Land Use Plan. At present, the major implementation tools being used in Monroe County are the Comprehensive Zoning Ordinance, Plat Filing Ordinance, Shoreline Protection Ordinance, Major Development Ordinance, Site Clearing & Tree Protection Ordinance, and Flood Hazard District Ordinance. Of these the Zoning Ordinance, of course, has been traditionally accepted as the most effective tool for regulating land use. To enhance its effectiveness, the Zoning Ordinance should be considered an evolving document which must be modified to eliminate problem areas and respond to the policies and principles of the Land Use Plan. The use categories of the Land Use Plan Map should provide guidelines in the process of establishing or re-establishing various use districts on the Zoning Map. One of the first steps in this area would be to designate 'Protection Use.' category incorporating preservation and conservation areas. Areas designated for protection use in the Land Use Plan Map reflect these conditions to a large extent and, therefore, should be used as the basis on which to form 'Protection Use Zoning District'. Residential development in this district should be of low intensity and should preferably be undertaken in a planned -unit development manner. -42- In order to protect environmental features and functions ofthe areas in the 'Protection Use District', it is necessary to create buffer zones of compatible development intensity around Protection Use Districts. This could be accomplished by creating residential estate or residential low density districts with appropriate height and setback requirements in areas in the immediate vicinity of Protection Use Districts. The planned -unit development should be encouraged as an alternative to conventional zoning on parcels where protection of important natural features cannot be achieved effectively through the conventional lot -by -lot regulation approach. Densities would correspond to those of the underlying zone, and design and performance guidelines could ensure that structures on the parcel are compatible with those in the surrounding area. For the purpose of imparting a greater order to commercial development patterns in Monroe County, various types of commercial development should be clustered according to their locational needs. The various commercial districts of the current zoning ordinance should be thoroughly evaluated in terms of their ability to implement this concept. It is possible to group commercial activities according to their functional needs, both in terms of accessibility re- quirements and the environment they most effectively operate in. Zoning classifications should group these permitted uses based on these needs and the scale of activity, and -43- then establish these districts so as to provide sufficient space for these activities at the most suitable locations in development areas. Some suggested functional classifications may include: Neighborhood or local commercial districts General community commercial districts Transient -oriented commercial districts Office and financial districts The intent of classifying commercial activities should be to establish certain types of uses as the predominant activity in the area. These activities would comprise the list of permitted uses in each category. Other uses which under the proper circumstances could contribute to the creation of sound commercial environments, may be permitted as special exceptions. The character of existing development should also be considered when establishing districts. 'Airport District' section of the Zoning Ordinance protects public airports against encroachment and reduces public exposure of community activities to hazards associated with noise and aircraft accident potential arising from the operations at military airports. The AICUZ study of the NAS at Boca Chica has been recently approved for implementation by the Dept. of Navy. Now it is the County's responsibility to ensure that development of surrounding lands will be compatible with the noise levels and accident potential associated with airport operations. =44- Also included in the Zoning Ordinance are regulations related to signs and parking lot landscaping designed to enhance the aesthetic appearance of the community and to bring order to visual character of development. Vigorous enforcement and strict penalties for violation of these ordinances will enhance prospects of implementing the policies and principles underlying these regulations. The Shoreline Protection Ordinance presently in effect establishes shoreline protection zone and restricts uses permitted in this zone. Later when sufficient information is available, this ordinance could be revised to incorporate provisions for shoreline access and erosion mitigation as required under the U.S. Coastal Zone Management Act of 1972, Section 305(b) & (9). The extensive land use and development regulations currently being used in Monroe County provide ample scope for implemen- tation of the Land Use Plan. Continued refinement of these tools will ensure that the proper considerations of develop- ment and use as expressed in the Land Use Plan are followed on a day-to-day basis. When it appears that one of these tools is ineffective, alternative measures can be devised without requiring that the Land Use Plan itself be revised. -45- B. CAPITAL IMPROVEMENT PROGRAM ' A number of planning programs will be necessary in addition to the land use and development regulations, to carry out the intent of the Land Use Plan and to implement the goals and ' objectives set forth in this document. These programs will be developed along with the various elements of the Com- prehensive Plan. Determination of standards, needs and alternate approaches to meeting needs can be conducted ' but that individually for each element, all selected programs will require long range expenditures should be incorporated into a capital improvement program. The capital improvement program would ideally reflect public projects undertaken not only by county government, but also by other public agencies ' who raise and expend funds for facilities and services that ' benefit area residents. The purpose of this approach is to ensure that the timetable for improving and expending services ' by all public bodies is closely coordinated. Fiscal feasibility of the Land Use Plan and the remaining ' elements of the Comprehensive Plan will be discussed under a separate chapter of the Comprehensive Plan. C. CONTINUING PLANNING PROCESS ' A prerequisite to successful implementation of the Plan is ' the continual need for public information, coordination and administration of planning activities locally on a day-to-day ' basis, and li'ason with state and federal agencies. Periodic review and updating of the Plan to meet changing circum- stances in the future and to prevent obsolescence of the Plan is also a vital part of the implementation program. ' -46- Community objectives and goals can be expected to change with time. New and revised land -use concepts, means of transportation, housing needs and design, public desires and aspirations, economic, technological and sociological developments, will require periodic re-evaluation of the Plan. The planning program must be a continuous and on- going process; therefore, Land Use Plan must be reviewed and updated annually. Once every year the Planning Department will prepare a report on the Land Use Plan which will be sent to the County Commission. The report will make an assessment and evaluation of the success or failure of the Land Use Plan. More ' specifically, the report will include statements on the following: 1) major problems resulting from development or physical deterioration and the social and economic effects of such problems, 2) updating the Plan's objectives as ' compared with actual results, and 3) the extent to which unforeseen problems or opportunities have occured since the date of adoption. The report may also suggest changes in the plan relating to objectives, policies, and standards. The County Commission may adopt the report after going through the adoption procedure for the Land Use Plan. -47- I j F I APPENDIX BIBLIOGRAPHY In Chronological Order 1970, June - Milo Smith & Associates, Inc. - Environment & Identity: A Plan for Development in the Florida Keys 1974, June - State of Florida Department of Natural Resources, Coastal Coordinating Council - Florida Keys Coastal Zone Management Study 1974 - Howard, Needles, Tammen & Bergendoff - Monroe County Land Use Plan -Update 1975, November - Milo Smith & Associates, Inc. - Land Use and Development Policies for the Florida Keys adopted by Resolution No. 165 by the Board of County Commissioners 1975 December - Monroe County Shoreline Protection Ordinance No. 17, 1975 1975 December - Monroe County Site Clearing and Tree Protection Ordinance No. 18-1975 1975 December - Monroe County Plat Filing Ordinance No. 19-1975 1975 December - Comprehensive Zoning Ordinance of Monroe County No. 20-1975 1975 December - Major Development Ordinance of Monroe County No. 21-1975 1976, October - Milo Smith & Associates, Inc. - Monroe County Land Use Plan Update -48- q !ql NOTICE OF REGULATION OF LAND USE THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA., proposes to regulate the use of land within the area shown on the map in this advertisement by adoption of the "Monroe. County Land Use Plan - 1977" as revised in February, 1978. Public hearings on the proposal will be held at 5:30 P.M. on January 16, 1979, at the County Courthouse Annex, 500 Whitehead Street, Key West, Florida, and the final public hearing at 5:30 P.M. on January 30, 1979, at the County Sub -Courthouse, Plantation Key, Monroe County, Florida. (MAP) DATED at Key West, Florida, this 7th day of December, A.D. 1978. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publish: January 5, 1979; January 22, 1979. n ' q t� gale over PROOF OF PUBLICATION Zug, tout% Published Daily Key W,ast, Monroe County, Florida STATE OF FLORIDA) COUNTY OF MONROE) ss. 4efore th undersigned authors,:-,- personally appeared ........... Roe rt Lee ohner . • • . , t�ho on oath says that he is ...... �dv'ertisirig Mh7diAbri' '' y ••• of The Key West Citizen, a daily newspaper published at Key CT,3";. in Monroe County, Florida; that the attached copy of advertisement, Being a Notice of regulation of Land Use in the matter of Monroe County Q was published in said newspaper i. the issues of Jan. 5t h, 19 79 Affi.an.t further say6i that the said The Key West Citizen is a newspaper published at K@':y West, in, said Monroe County, Florida,.and that the said newspaper Fias her6tofore been continuously published in said Monroe County, Florida, Each day Cexcept Saturdays) and has been entered. as second class ma... matter at the post office in Key West, in said Monroe County, Fl•.r.-ida, for a period of one year next preceeding the first publicatioi of the attached copy of advertise- ment; and affiant furtl- i` says t',.at he has neither paid nor promised any person, firm or co_"puratior any discount, rebate, commission or refund for the purpose of secuzi2g 'this advertisement for publication in the said newspaper. CITARY State of Floi da ,!t Large' l m,,'ies J IIIJJJ ��,; ro�i�;.. �:, T-.f Urc'ervni`ers Sworn to and subscribed be`ore me th's .15PA ••••.••.•••••••,. day of ...... ...... .,. , A.D. 197 , OTICE OF REGULATI1.0 OF LAND,.USE THE BOARD OF COUNTY COMMISSIONERS -OF MONROE COUNTY, FLORI.I) proposes to regulate the•use of land within,the area shown on the,map in this advertisement by adoption of the "Monroe ,County Land Use Plan - 1977" as revised in February, 1978. Public hearings;on the proposal will be held 'dt 5.:30 P.M. on January 16, 1979, at the. County '.Courthouse Annex, 500:.Whitehead Street, Key West, Florida, .and the final- public hearing at 5:30,P.M..on'January 30, 1979', at the .County Sub -Courthouse, Plantation Key, Monroe County,, Florida. • .. .. Rp1 . ,. OO .. WAlCHWAY FLORIDA BAY ' .VyRACGASrAL R- •- iNy�xLf 11.950. a COA/BA B4Y • 1. ' .. L F •• ,`� '�... i � 1•—+---9--__.-..���. — _ _ —_ ,1 __ r5_ _ —._ _ _ WAY .I s ( r STRAITS -STRAITS OF FLORIDA 1 DATED at Key West, Florida, .this 7th day. of December, A. D, 1978:. + January 5, 22,` 1979 I RALPH W. WHITE ' Clerk. of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of . Monroe County,,, Florida o, tns spr w s J — i �ooe. GEORGE FIRESTONE SECRETARY OF STATE February 8, 1979 '�§PCrCtarR of 'i5"tcltk STATE-0F FLORIDA THE CAPITOL TALLAHASSEE 32304 Honorable Ralph W. White Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attn: Virginia Pinder, Deputy Clerk Dear Mr, White: BETTY CASTOR Director, Division of Elxtions 904/488-7690 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 'l. Receipt of your letter/s of February 5 & 6th and certified copy/ies of Monroe County Ordinance/s No./s 79-4 an - mergency, We have filed this/these Ordinance/s in this office February 8, 1979 3. Receipt of an original/s and certified copy/ies of County Ordinance/s No./s 4. Receipt of County Ordinance/s relative to :i. We have numbered this/these Ordinance/s and was/were filed in this office 1979. 6. The original/duplicate copy/ies showing filing date is/are being returned for your records. Cordially, , G (Mrs.) NKavalh Chief, u of Laws'- NK/ mb !