Item N2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 18. 2001
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning
AGENDA ITEM WORDING: Second of two public hearings to consider an amendment to the Monroe County Land
Development Regulations adding sec. 9.5-257.1 through 9.5-257.5, and the addition of text to Sec.9.5-232 through Sec.9.5-
240, Sec. 9.5-242 through Sec. 9.5-246, Sec. 9.5-248 through Sec. 9.5-251, and Sec. 9.5-253 of the Monroe County Land
Development Regulations for certain Future Land Use categories that are identified in the Monroe County Year 2010
Comprehensive Plan but have no directly corresponding Land Use District (Zoning).
ITEM BACKGROUND: When the 2010 Comprehensive Plan and Future Land Use Maps (FLUM) were adopted, the
parcels with existing Uses in the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings
were appropriately designated in the FLUM. However, because there were no corresponding changes made to the land use
maps, those Uses became non-conforming if they were not otherwise permitted in the land use district where they were
located. As non-conforming Uses they can not expand or be replaced if more than 50% destroyed. This has presented a
problem for several churches in the County that wish to expand to better serve their congregations. The same problem
exists for a number of Public Buildings and Public Facilities.
The Planning Department is proposing to establish a Use Overlay Category for each of the above mentioned Land Uses in
the text of the Monroe County Land Development Regulations. Each of the above mentioned Uses shall conform to all
regulations of the underlying district except for those regulations controlling Allocated Density, Maximum Net Density, and
Maximum Intensity. Each Use Overlay Category shall contain its unique Density and Intensity regulations the Monroe
County Development Review Committee recommended approval on April 17, 2001. The Monroe County Planning
Commission recommended approval at a public hearing on May 9,2001. On June 20, 2001 the Monroe County Board of
County Commissioners, at their regular meeting, held the first of two required hearings on this amendment.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO COUNTY:None
REVENUE PRODUCING:
N/A
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty. -K-
Risk Management _ N/ A_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
DISPOSITION:
AGENDA ITEM # / - N..2.
Revised 2/27/01
-r<~
LAND DEVELOPMENT REGULATIONS TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY WEST
JULY 18, 2001
LAND DEVELOPMENT REGULATIONS TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
MARATHON
JUNE 20, 2001
PROPOSED LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
TEXT AMENDMENT RECOMMENDATIONS
Approval
April 2, 2001
April 17,2001
May 9, 2001
Staff Report
Staff:
Approval
DRC
Approval
Resolution #D 13-01
PC
Resolution # 35-01
DRAFT BOCC TEXT AMENDMENT ORDINANCE
ORDINANCE NO. -2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY
ADDING SEC. 9.5-257.1 THROUGH 9.5-257.5, AND THE
ADDITION OF TEXT TO SEC.9.5-232 THROUGH SEC.9.5-240,
SEC. 9.5-242 THROUGH SEC. 9.5-246, SEC. 9.5-248 THROUGH
SEC. 9.5-251, AND SEC. 9.5-253; PROVIDING FOR THE
SEVERIBILlTY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during
a regular meeting held on June 20, 2001, conducted a review and consideration
of the proposed text; and
WHEREAS, the Development Review Committee on April 17, 2001,
reviewed the legal authority and the proposed text, and recommended approval
of the proposed text; and
WHEREAS, during a regular meeting held on May 9, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text
and recommendations of staff, and recommended approval of the proposed text;
and
WHEREAS, The Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby incorporated
as part of the record of said hearing;
1. Staffs report prepared on April 2, 2001 by Fred Gross, Island Planning Team
Director.
2. Proposed changes to the Monroe County Land Development Regulations
(Exhibit A); and
3. The sworn testimony of the Growth Management Staff; and
4. Comments by the public; and
Page 1 of 6
W:\Planning\Working Folders\Fred Gross\Overlay 257.5\BOCC ORD.doc
WHEREAS, the Monroe County Board of County Commissioners has
made the following Findings of Fact and Conclusions of Law based on the
evidence presented:
1. Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan
"Adopts density standards for future land use categories which are shown on
the Future Land Use Map and described in Policies 101.4.1 through 101.4.17
[9J-5.006(3) (c) 7]".
2. No directly corresponding land use designation is assigned to the following
categories: Agriculture (A), Education (E), Institutional (INS), Public Facilities
(PF), Public Buildings (PB).
3. Policy 101.4.21, Notes: (h) of the Monroe County Year 2010 Comprehensive
Plan establishes the legal authority by which these Categories can be
incorporated into appropriate land use districts.
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendments to the Monroe County Code submitted by
the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Chapter 9.5, Article VII Division 2 is hereby amended to include the
following:
Sec. 9.5-257.1 Agricultural/Aquacultural Use Overlay (A)
Any Agricultural and Aquacultural Use identified in the Monroe County Year 2010
Comprehensive Plan as Agriculture (A) and further identifi~d on the Monroe
County Future Land Use Map with a designation of "A" may be overlaid on any
new or existing land use district. The Use within the overlay district shall be
subject to all land development regulations of the underlying district with the
exception of those regulations controlling Density and Intensity. The Use within
the overlay district shall be developed with the following Density and Intensity
regulations:
Page 2 of 6
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.25
o rooms/spaces N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of "INS" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
3-15 rooms/spaces 6-24 rooms/spaces
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
Page 3 of6
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.25
o rooms/spaces N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Maximum Net Density
er buildable acre
N/A
N/A
Maximum Intensity
floor area ratio
0.30
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of "INS" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
3-15 rooms/spaces 6-24 rooms/spaces
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
Page 3 of 6
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
Odu N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.5 Public Buildings/Grounds Use Overlay (PB)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Buildings/Grounds (PB) and further identified on the Monroe County
Future Land Use Map with a designation of "PB" may be overlaid on any new or
existing land use district. The Use within the overlay district shall be subject to all
land development regulations of the underlying district with the exception of
those regulations controlling Density and Intensity. The Use within the overlay
district shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Section 2. Chapter 9.5, Article VII Division 2 is hereby amended to include the
following:
(Underlined text is new):
Sec. 9.5-232. Urban Commercial District (c) Major Conditional Uses:
(8) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-233. Urban Residential District (c) Major Conditional Uses:
(4) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-234. Urban Residential Mobile Home District (b) Major Conditional Uses:
(5) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-235. Sub Urban Commercial District (c) Major Conditional Uses:
(9) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-235.1 Urban Residential Mobile Home-Limited District (b) Major Conditional
uses:
(4) Land Use Overlays A. E. INS. PF. PB. subiect to orovisions of Sec. 9.5-257
Page 4 of 6
Sec. 9.5-236. Sub Urban Residential District (c) Major Conditional Uses:
(9) Land Use Overlay IE. subiect to orovisionsof Sec. 9.5-257
Sec. 9.5-237. Sub Urban Residential-Limited District (b) Major Conditional Uses:
(2) Land Use Overlays A. E. INS. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-238. Sparsely Settled District (c) Major Conditional Uses:
(7) Land Use Overlays IE. INS. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-239. Native Area District (c) Major Conditional Uses:
(6) Land Use Overlays INS. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-240. Mainland Native District
(c) The followina use is oermitted as a maior conditional use subiect to the standards
and orocedures set forth in article III. division 3:
(1) Land Use Overlays A. INS. PF. PB. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-242. Improved Subdivision District (d) Major Conditional Uses:
(3) Land Use Overlays A. INS. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-243. Destination Resort District (c) Major Conditional Uses:
(5) Land Use Overlays A. IE. INS. PF. PB. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-244. Recreational Vehicle District (c) Major Conditional Uses:
(4) Land Use Overlays A. IE. INS. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-245. Commercial Fishing Area District (f) Major Conditional uses:
(4) Land Use Overlays A. E. INS. PF. PB. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-246. Commercial Fishing Village District (c) Major Conditional Uses:
(2) Land Use Overlays A. IE. INS. PF. PB. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-248. Mixed Use District (c) Major Conditional Uses:
(12) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-249. Industrial District (c) Major Conditional Uses:
(4) Land Use Overlays A. E. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-250. Maritime Industry District (c) Major Conditional Uses:
(4) Land Use Overlays A. IE. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-251. Military Facilities District (c) Major Conditional Uses:
(3) Land Use Overlays A. IE. PF. subiect to orovisions of Sec. 9.5-257
Sec. 9.5-253 Parks and Refuge District (c) Major Conditional Uses:
(2) Land Use Overlays A. E. INS. PF. subiect to orovisions of Sec. 9.5-257
Page 5 of 6
Section 3.
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 validity.
Section 4.
This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
Section 5.
This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
BY
Page 6 of 6
',."
:") ....
PLANNING DEPARTMENT STAFF REPORT
MEMORANDUM
TO: K. Marlene Conaway, Director of Planning
Development Review Committee
FROM: Fred Gross, Island Planning Team Director
DATE: April 2, 2001
RE: Establishment of Land Use Overlays
I. BACKGROUND
Policy 101.4.21 of The Monroe County Year 2010 Comprehensive Plan "Adopts
density standards for future land use categories which are shown on the Future
Land Use Map and described in Policies 101.4.1 through 101.4.17 [9J-
5.006(3)(c)7]". However, no directly corresponding land use designation is
assigned to the following categories: Agriculture (A), Education (E),
Institutional (INS), Public Facilities (PF), Public Buildings/Grounds (PB).
When the 2010 Comprehensive Plan and Future Land Use Maps (FLUM) were
adopted, The parcels with existing Uses in those categories were appropriately
designated in the FLUM. However, because there was no corresponding
changes made to the land use maps, those Uses became non-conforming if they
were not otherwise permitted in the land use district where they were located. As
non-conform ing Uses they can not expand or be replaced if more than 50%
destroyed. This has presented a problem for several churches in the County that
wish to expand to better serve their congregations. The same problem exists for
a number of Public Buildings and Public Facilities.
The Planning Department is proposing to establish a use overlay category for
each of the above mentioned Land Uses in the text of the Monroe County Land
Development Regulations. Each of the above mentioned uses shall conform to
all regulations of the underlying district except for those regulations controlling
Allocated Density, Maximum Net Density, and Maximum Intensity. Each Use
Overlay Category shall contain its unique Density and Intensity regulations.
II. METHODOLOGY AND LEGAL AUTHORITY
Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan assigns
Allocated Density, Maximum Net Density, and Maximum Intensity to each of the
Categories listed above and establishes the legal authority by which these
Categories can be incorporated into appropriate land use districts.
Page 1 of5
Policy 101.4.21, Notes: (h) "Uses under the categories of
Agriculture, Education, Institutional, Public Facilities,
and Public Buildings and Uses, which have no directly
corresponding zoning, may be incorporated into new or
existing zoning district, as appropriate".
The Planning Department proposes the addition of Sections 9.5-257.1 through
9.5-257.5 to the Monroe County Land Development Regulations. These sections
establish a Use Overlay for each of the Uses. This Use Overlay can be placed
on any new or existing zoning district as appropriate.
III. PROPOSED TEXT
Sec. 9.5-257. Purpose of Land Use Overlays
The purpose of these Overlays are to provide a methodology that permits, when
appropriate, the following Uses to be located within certain districts of the Land
Development Regulations while limiting their density and intensity to that which is
proposed in the Monroe County Year 2010 Comprehensive Plan.
Sec. 9.5-257.1 Agricultural/Aquacultural Use Overlay (A)
Any Agricultural and Aquacultural Use identified in the Monroe County Year 2010
Comprehensive Plan as Agriculture (A) and further identified on the Monroe
County Future Land Use Map with a designation of "A" may be overlaid on any
new or existing land use district. The Use within the overlay district shall be
subject to all land development regulations of the underlying district with the
exception of those regulations controlling Density and Intensity. The Use within
the overlay district shall be developed with the following Density and Intensity
regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.25
o rooms/spaces N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
Page 2 of 5
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of "INS" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
3-15 rooms/spaces 6-24 rooms/spaces
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.5 Public Buildings/Grounds Use Overlay (PB)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Buildings/Grounds (PB) and further identified on the Monroe County
Page 3 of 5
Future Land Use Map with a designation of "PS" may be overlaid on any new or
existing land use district. The Use within the overlay district shall be subject to all
land development regulations of the underlying district with the exception of
those regulations controlling Density and Intensity. The Use within the overlay
district shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Additionally, The following text shall be added to the Monroe County Land
Development Regulations ( underlined text is new):
URBAN COMMERCIAL DISTRICT Sec. 9.5-232 (c)
(8) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENTIAL DISTRICT Sec. 9.5-233 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENTIAL MOBILE HOME DISTRICT Sec. 9.5-234 (b)
(5) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
SUB URBAN COMMERCIAL DISTRICT Sec. 9.5-235 (c)
(9) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENTIAL MOBILE HOME-LIMITED DISTRICT Sec. 9.5-235.1 (b)
(4) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
SUB URBAN RESIDENTIAL DISTRICT Sec. 9.5-236 (c)
(9) Land Use Overlay E, subject to provisions of Sec. 9.5-257
SUB URBAN RESIDENTIAL-LIMITED DISTRICT Sec. 9.5-237 (b)
(2) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
SPARSELY SETTLED DISTRICT Sec. 9.5-238 (c)
(7) Land Use Overlays E, INS, subject to provisions of Sec. 9.5-257
NA TIVE AREA DISTRICT Sec. 9.5-239 (c)
(6) Land Use Overlays INS, PF, subject to provisions of Sec. 9.5-257
MAINLAND NATIVE DISTRICT Sec. 9.5-240
(c) The following use is permitted as a major conditional use in the Native Area District, subject
to the standards and procedures set forth in article III, division 3:
(1) Land Use Overlays A, INS, PF, PS, subject to provisions of Sec. 9.5-257
IMPROVED SUBDIVISION DISTRICT Sec. 9.5-242 (d)
(3) Land Use Overlays A, INS, PF, subject to provisions of Sec. 9.5-257
DESTINATION RESORT DISTRICT Sec. 9.5-243 (c)
(5) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
Page 4 of 5
RECREATIONAL VEHICLE DISTRICT Sec. 9.5-244 (c)
(4) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
COMMERCIAL FISHING AREA DISTRICT Sec. 9.5-245 (1)
(4) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
COMMERCIAL FISHING VILLAGE DISTRICT Sec. 9.5-246 (c)
(2) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
MIXED USE DISTRICT Sec. 9.5-248 (c)
(12) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
INDUSTRIAL DISTRICT Sec. 9.5-249 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
MARITIME INDUSTRY DISTRICT Sec. 9.5-250 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
MILITARY FACILITIES DISTRICT Sec. 9.5-251 (c)
(3) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
PARKS AND REFUGE DISTRICT Sec. 9.5-253 (c)
(2) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
Page 5 of 5
PLANNING COMMISSION RESOLUTION P 35-01
RESOLUTION NO. P 35-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY ADDING
SECTIONS 9.5-257.1 THROUGH 9.5-257.5, AND THE ADDITION
OF TEXT TO SEC.9.5-232 THROUGH SEC.9.5-240, SEC. 9.5-242
THROUGH SEC. 9.5-246, SEC. 9.5-248 THROUGH SEC. 9.5-251,
AND SEC. 9.5-253 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS FOR CERTAIN FUTURE LAND
USE CATEGORIES THAT ARE IDENTIFIED IN THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN BUT HAVE NO
DIRECTLY CORRESPONDING LAND USE DISTRICT (ZONING).
WHEREAS, the Development Review Committee on April 17, 2001
reviewed the legal authority and the proposed text, and recommended approval
of the proposed text; and
WHEREAS, during a regular meeting held on 9 May 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text
and recommendations of staff; and
WHEREAS, The Planning Commission was presented with the following
evidence, which by reference is hereby incorporated as part of the record of said
hearing;
1. Staffs report prepared on 2 April 2001 by Fred Gross, Island Planning Team
Director.
2. Proposed changes to the Monroe County Land Development Regulations
(Exhibit A); and
3. The sworn testimony of the Growth Management Staff; and
Page 1 of 2
W:\Planning\Working Folders\Fred Gross\OVerlay 2S1.5\PC Resolution.doc
4. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of
F act and Conclusions of Law based on the evidence presented:
1. Policy 101.4.21 of the -Monroe County Year 2010 Comprehensive Plan
"Adopts density standards for future land use categories which are shown on
the Future Land Use Map and described in Policies 101.4.1 through 101.4.17
[9J-5.006(3) (c) 7]".
2. No directly corresponding land use designation is assigned to the following
categories: Agriculture (A), Education (E), Institutional (INS), Public Facilities
(PF), Public Buildings (PB).
3. Policy 101.4.21, Notes: (h) of the Monroe County Year 2010 Comprehensive
P Ian establishes the legal authority by which these Categories can be
incorporated into appropriate land use districts.
4. Based on the Monroe County Year 2010 Comprehensive Plan, we find that
the proposed changes are consistent with its goals. NOW THEREFORE;
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the Findings of Fact and Conclusions of Law support
their decision to recommend APPROVAL of the additions to the text of the
Monroe County Land Development Regulations as requested by the Monroe
County Planning Department.
PASSED AND ADOPTED By the Plannin~ Commission of Monroe County,
Florida, at a regular meeting held on the 9t day of May 2001.
Chair Lynn Mapes YES
Vice- Chair David Ritz YES
Commissioner P. Morgan Hill YES
Commissioner Denise Werling YES
Commissioner Jerry Coleman YES
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of
,2001
Page 2 of 2
EXHIBIT A
Sec. 9.5-257.1 Agricultural/Aquacultural Use Overlay (A)
Any Agricultural and Aquacultural Use identified in the Monroe County Year 2010
Comprehensive Plan as Agriculture (A) and further identified on the Monroe
County Future Land Use Map with a designation of "A" may be overlaid on any
new or existing land use district. The Use within the overlay district shall be
subject to all land development regulations of the underlying district with the
exception of those regulations controlling Density and Intensity. The Use within
the overlay district shall be developed with the following Density and Intensity
regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.25
o rooms/spaces N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of "INS" may be overlaid on any new or existing land use
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district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling' Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
3-15 rooms/spaces 6-24 rooms/spaces
, -,
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
Sec. 9.5-257.5 Public Buildings/Grounds Use Overlay (PB)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Buildings/Grounds (PB) and further identified on the Monroe County
Future Land Use Map with a designation of "PB" may be overlaid on any new or
existing land use district. The Use within the overlay district shall be subject to all
land development regulations of the underlying district with the exception of
those regulations controlling Density and Intensity. The Use within the overlay
district shall be developed with the following Density and Intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A
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W:\Planning\Working Folders\Fred Gross\Overlay 257.5\EXHIBIT A.doc
Additionally, The following text shall be added to the Monroe County land
Development Regulations ( underlined text is new):
URBAN COMMERCIAL DISTRICT Sec. 9.5-232 (c)
(8) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENnAL DISTRICT Sec. 9.5-233 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENnAL MOBILE HOME DISTRICT Sec. 9.5-234 (b)
(5) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
SUB URBAN COMMERCIAL DISTRICT Sec. 9.5-235 (c)
(9) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
URBAN RESIDENnAL MOBILE HOME-LIMITED DISTRICT Sec. 9.5-235.1 (b)
(4) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
SUB URBAN RESIDENnAL DISTRICT Sec. 9.5-236 (c)
(9) Land Use Overlay E, subject to provisions of Sec. 9.5-257
SUB URBAN RESIDENnAL-LIMITED DISTRICT Sec. 9.5-237 (b)
(2) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
SPARSELY SETTLED DISTRICT Sec. 9.5-238 (c)
(7) Land Use Overlays E, INS, subject to provisions of Sec. 9.5-257
NATIVE AREA DISTRICT Sec. 9.5-239 (c)
(6) Land Use Overlays INS, PF, sUbject to provisions of Sec. 9.5-257
MAINLAND NATIVE DISTRICT Sec. 9.5-240
(c) The following use is permitted as a major conditional use in the Native Area District, subject
to the standards and procedures set forth in article 1/1, division 3:
(1) Land Use Overlays A, INS, PF, PS, subject to provisions of Sec. 9.5-257
IMPROVED SUBDIVISION DISTRICT Sec. 9.5-242 (d)
(3) Land Use Overlays A, INS, PF, subject to provisions of Sec. 9.5-257
DESTINATION RESORT DISTRICT Sec. 9.5-243 (c)
(5) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
RECREA TIONAL VEHICLE DISTRICT Sec. 9.5-244 (c)
(4) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
COMMERCIAL FISHING AREA DISTRICT Sec. 9.5-245 (f)
(4) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
COMMERCIAL FISHING VILLAGE DISTRICT Sec. 9.5-246 (c)
(2) Land Use Overlays A, E, INS, PF, PS, subject to provisions of Sec. 9.5-257
MIXED USE DISTRICT Sec. 9.5-248 (c)
(12) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
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INDUSTRIAL DISTRICT Sec. 9.5-249 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
MARITIME INDUSTRY DISTRICT Sec. 9.5-250 (c)
(4) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
MILITARY FACILITIES DISTRICT Sec. 9.5-251 (c)
(3) Land Use Overlays A, E, PF, subject to provisions of Sec. 9.5-257
PARKS AND REFUGE DISTRICT Sec. 9.5-253 (c)
(2) Land Use Overlays A, E, INS, PF, subject to provisions of Sec. 9.5-257
Page 4 of 4
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DEVELOPMENT REVIEW COMMITTEE RESOLUTION
013-01
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #013-01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY ADDING SECTIONS 9.5-
257.1 THROUGH 9.5-257.5., AND THE ADDITION OF TEXT TO
SEC.9.5-232 THROUGH SEC.9.5-240, SEC. 9.5-242 THROUGH
SEC. 9.5-246, SEC. 9.5-248 THROUGH SEC. 9.5-251, AND SEC.
9.5-253 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS FOR CERTAIN FUTURE LAND USE
CATEGORIES THAT ARE IDENTIFIED IN THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN BUT HAVE NO
DIRECTLY CORRESPONDING LAND USE DISTRICT (ZONING).
WHEREAS, Policy 101.4.21 of the Monroe County Year 2010
Comprehensive Plan "Adopts density standards for future land use categories
which are shown on the Future Land Use Map and described in Policies 101.4.1
through 101.4.17 [9J-5.006(3) (c) 7]"; and
WHEREAS, no directly corresponding land use designation is assigned to
the following categories: Agriculture (A), Education (E), Institutional (INS), Public
Facilities (PF), Public Buildings (PB); and
WHEREAS, Policy 101.4.21, Notes: (h) of the Monroe County Year 2010
Comprehensive Plan establishes the legal authority by which these Categories
can be incorporated into appropriate land use districts; and
WHEREAS, the Monroe County Planning Department has recommended
the addition of Sections 9.5-257.1 through 9.5-257.5 along with additions to the
text of Sec. 9.5-232 through Sec. 9.5-240, Sec. 9.5-242 through 9.5-246, Sec.
9.5-248 through 9.5-251, and Sec. 9.5-253 of the Monroe County Land
Development Regulations; and
WHEREAS, the Development Review Committee met on April 17, 2001 to
review the proposed text and finds that the proposed amendment is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of
fact supports their decision to recommend APPROVAL to the Monroe County
Page 1 of 2
W:\Planning\Working Folders\Fred Gross\Overlay 257.5\DRC Resolution.doc
Initial (/(
Planning Commission of the additions to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department.
PASSED AND ADOPTED By the Development Review Committee of
Monroe County, Florida at a regular meeting held on the 17th day of April, 2001.
Edward Koconis, AICP, Island Planning Team Director I DRC Chair YES
Fred Gross, Island Planning Team Director (Lower Keys) YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Martin Schultz, Senior Planner YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By <?))IlXW\.~Of~~~
Edward Koconi , A CP, RC Chair
Signed this 2D-D day of April, 2001
Page 2 of 2
W:\Planning\Text Amendments\Overlay Zones 9.~257\DRC\DRC Reso #D12-01.doc
Initial f.,(