Ordinance 009-1999
Planning
ORDINANCE # 0091999
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING AN AMENDMENT TO POLICIES 101.4.1 101.4.2,
101.4.3, AND 101.4.4 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO ALLOW CERTAIN LAWFULLY
EXISTING NONRESIDENTIAL USES IN RESIDENTIAL FUTURE
LAND USE CATEGORIES.
WHEREAS, during a regular meeting held on March 11, 1998, the Board of County
Commissioners conducted a public hearing, known as a "transmittal hearing" on proposed
changes to Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 ofthe Monroe County Year 2010
Comprehensive Plan; and
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WHEREAS, the Board of County Commissioners recommended that the li&>p~ed~ r=
amendment be transmitted to the Florida Department of Community Affairs (DCAt;i9!;~ G} ~
consideration; and ~~ _< .."
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WHEREAS, the DCA reviewed the amendment and offered no objections i~~ c:; -0 ::0
Objections, Recommendations and Comments (ORC) report; and ~C")';; ~ ~
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WHEREAS, on January 13, 1999, the Board of County Commissioners, aft~dlJ!lnotlOe 0
and public participation in the public hearing process, conducted a public hearing, Known as an
"adoption hearing", to consider adopting the proposed amendment in light of DCA's ORC report;
and
WHEREAS, in light of existing development patterns and the needs of the public to have
access to goods and services in an area with unique geography, the 1986 Comprehensive Plan
and associated Land Development Regulations established a performance zoning system in
Monroe County; and
WHEREAS, this performance zoning system encouraged a mixed-use pattern of
development by allowing certain nonresidential uses to be permitted in residential zoning
districts under certain circumstances and in a manner which protects the character of the
surrounding residential area; and
WHEREAS, examples of how this performance zoning system operated can generally
be described under three scenarios: small-scale hotels and motels were allowed as conditional
uses in the Suburban Residential district; small-scale commercial/retail and office uses were
allowed as conditional uses adjacent to U.S. 1 in the Suburban Residential and Improved
Subdivision districts; and marinas were allowed as major conditional uses in the Suburban
Residential, Urban Residential and Urban Residential-Mobile Home districts; and
WHEREAS, in the drafting of the Monroe County Year 2010 Comprehensive Plan, (2010
Plan) the Board of County Commissioners considered how the new policies would impact the
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existing zoning system and sought to reduce the number of existing uses that would be made
inconsistent with the plan by adopting a Future Land Use Map (FLUM) that mirrored the already
existing Official Land Use District Map, also known as the zoning map; and
WHEREAS, in addition, policies in the Future Land Use Element were drafted by Monroe
County to be consistent with the FLUM, especially in the case of Policies 101.4.1, 101.4.2,
101.4.3 and 101.4.4, which regulate the uses in the Residential Conservation, Residential Low,
Residential Medium and Residential High future land use categories, and ultimately, determine
the permissible uses in the residential zoning districts; and
WHEREAS, when the 2010 Plan was adopted by the Board of County Commissioners
on April 15, 1993, the above-referenced policies indicated generally that very low or low intensity
nonresidential uses would be allowed in those residential future land use categories; and
WHEREAS, those policies as written were rejected by the Florida Department of
Community Affairs' (DCA) Rule 9J-14.022 and were re-written by Rule #28-20.100 so that
nonresidential uses were not included among the permissible uses in those future land use
categories; and
WHEREAS, Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 were among those policies in
the 2010 Plan which became effective on January 4, 1996; and
WHEREAS, existing nonresidential uses in the Residential Conservation, Residential
Low, Residential Medium and Residential High future land use categories have been rendered
nonconforming through the elimination of nonresidential uses from the list of permissible uses in
those categories; and
WHEREAS, nonconforming uses undermine the intent of and are inconsistent with the
county's comprehensive plan and land development regulations, and consequently, are not
permitted to be rebuilt in the event of destruction and are not allowed to substantially improve;
and
WHEREAS, the intent of Monroe County's nonconforming use regulations is to bring
about the eventual elimination of uses that do not further the comprehensive plan by requiring
that the use only be replaced with one consistent with the county's regulations; and
WHEREAS, short of a natural disaster that completely destroys it, a nonconforming use
will remain part of a community for an indefinite period of time because normal repair and
maintenance is allowed; and
WHEREAS, the focus of the 2010 Comprehensive Plan is to encourage redevelopment
in areas where development has historically occurred in order to protect the county's limited
number of native habitat areas and to enhance and maintain the community character of the
county; and
WHEREAS, such focus is partially illustrated in Goal 102, Objective 101.11, and Policy
101.5.5; and
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WHEREAS, by rendering the above-referenced existing nonresidential uses
nonconforming, the pressure to develop moves to vacant lands; and
WHEREAS, the quality of the existing nonconforming structures deteriorates as owners
are precluded from making major investment and redevelopment activities, thereby degrading
the aesthetic quality of the county as seen from U.S. 1 as well as the from surrounding
neighborhoods; and
WHEREAS, the Board of County Commissioners finds that existing developments
operating lawfully pursuant to the 1986 Land Development Regulations should not be
considered nonconforming because they do not undermine the overall intent of the2010 Plan;
and
WHEREAS, the Board of County Commissioners concludes that, based on DCA's
approvals of recent land use changes and based on DCA's suggestions made in Objections,
Recommendations and Comments (ORC) reports associated with these land use changes, it
was not the intent in amending policies 101.4.1, 101.4.2, 101.4.3 and 1 01.4.4 of the 2010 Plan
through Rule 9J-14.022 to render all existing nonresidential uses nonconforming; and
WHEREAS, reinstating those nonresidential uses that would otherwise be
nonconforming into the Residential Conservation, Residential Low, Residential Medium and
Residential High future land use categories will allow new Land Development Regulations to be
adopted that allow the same nonresidential uses that were allowed by the 1986 Land
Development Regulations; and
WHEREAS, by limiting the reinstatement to those uses which already lawfully exist, and
to the uses' current density, intensity and floor area ratio, policies seeking to protect natural
resources and community character, will be furthered; and
WHEREAS, in addition, by making such uses conforming by reinstating them in the
comprehensive plan, Monroe County will help protect extensive private investments that have
been made in accordance with County regulations and encourage redevelopment of such sites;
and
WHEREAS, it remains the intent of the comprehensive plan, through this amendment, to
leave all uses made nonconforming by any other policy, law or ordinance as nonconforming.
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA THAT THE COMMISSION HEREBY APPROVES the proposed changes
to Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 of the Monroe County Year 2010
Comprehensive Plan.
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Section 1. Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 shall be amended and read as
indicated below:
Policy 101.4.1
The principal purpose of the Residential Conservation land use category is to encourage
preservation of open space and natural resources while providing for very low-density
residential development in areas characterized by a predominance of undisturbed native
vegetation. Low-intensity public uses and utilities are also allowed. In addition, Monroe
County shall adopt land development regulations which allow any other nonresidential
use that was listed as a permitted use in the Land Development Regulations that were in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010
LDRs), and that lawfully existed on such lands on January 4, 1996 to develop,
redevelop, reestablish and/or substantially improve provided that the use is limited in
intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDRs allowed, whichever is more restrictive. Maximum
permitted densities shall be based upon the results of the habitat analysis required by
Division 8 of the Monroe County Land Development Regulations, as amended. [9J-
5.006(3)(c) 1 and 7]
Policy 101.4.2
The principal purpose of the Residential Low land use category is to provide for low-
density residential development in partially developed areas with substantial native
vegetation. Low intensity public and low intensity institutional uses are also allowed. In
addition, Monroe County shall adopt land development regulations which allow any other
nonresidential use that was listed as a permitted use in the Land Development
Regulations that were in effect immediately prior to the institution of the 2010
Comprehensive Plan (pre-2010 LDRs), and that lawfully existed on such lands on
January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided
that the use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996 or limited to what the pre-2010 LDRs allowed, whichever is more
restrictive.
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Policy 101.4.3
The principal purpose of the Residential Medium land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption
of this plan and to define improved subdivisions as those lots served by a dedicated and
accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this
land use category shall be limited to one residential dwelling unit for each such platted lot
or parcel which existed at the time of plan adoption. However, Monroe County shall
adopt land development regulations which allow nonresidential uses that were listed as a
permitted use in the Land Development Regulations that were in effect immediately prior
to the institution of the 2010 Comprehensive Plan (pre-2010 LDRs), and that lawfully
existed on such lands on January 4, 1996, to develop, redevelop, reestablish and/or
substantially improve provided that the uses are limited in intensity, floor area, density
and to the type of use that existed on January 4, 1996 or limited to what the pre-2010
LDRs allowed, whichever is more restrictive. Lands within this land use category shall
not be further subdivided. [9J-5.006(3}(c)1 and 7]
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-density
single-family, multi-family, and institutional residential development, including mobile
homes and manufactured housing, located near employment centers. In addition,
Monroe County shall adopt land development regulations which allow nonresidential
uses that were listed as a permitted use in the Land Development Regulations that were
in effect immediately prior to the institution of the 2010 Comprehensive Plan, and that
lawfully existed on such lands on January 4, 1996, to develop, redevelop, reestablish
and/or substantially improve provided that the use is limited in intensity, floor area,
density and to the type of use that existed on January 4, 1996 or limited to what the pre-
2010 LDRs allowed, whichever is more restrictive. [9J-5.006(3)(c)1 and 7]
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
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Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition
or amendment thereto.
Section 5. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the141th of January! 999.
Mayor Wilhemina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
yes
yes
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BOARD OF COUNTY COMMISSION OF
MONROE COUNTY, FLORIDA
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Mayor/Chairman
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
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BY
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iDannp I. ltolbaoe
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARA TIfON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 11, 1999
CERTD1I!D MAIL
RETURN RECEIPf REQ~TFJ)
Mrs. Liz Cloud
Florida Department of State
Bureau of Adminl~rative Code and Laws
The Elliot BuildiDl
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 009-1999 APPROVING an
Amendment to Policies 101.4.1,101.4.2,101.4.3,and 101.4.40f the Monroe County Year
2010 Comprehensive Plan to allow certain lawfully existing nonresidential uses in
Residential Future Land Use categories.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on January 14, 1999.
'''''*--.
. Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
~~~
Enclosure
cc: Mayor Wilhelmina Harvey
Mayor Pro Tem Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commis.~ioner Nora Williams
County Attorney
County Adminl4;frator
Acting Growth Management Director
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Adminislrativ~ Setvices
Division of Gorporatioos
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
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HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHilIsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
February 16, 1999
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letters dated February 11, 1999 and certified copies of Monroe County Ordinance
Nos. 005-1999 and 009-1999, which were filed in this office on February 15, 1999.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.n.us . E-Mail: election@mail.dos.state.jl.us
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