Item T4
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ORDINANCE NO. 2005
,
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS TO CREATE A DEFINITION FOR
MASTER PLANNED COMMUNITY IN SECTION 9.5-4(M-6.1), ELIMINATE
CERTAIN OBSOLETE AND SUPERFLUOUS PROVISIONS OF SECTION 9.5-
231 AND PROVIDE AN EXCEPTION TO THE DEVELOPMENT REVIEW
PROCEDURES AND REQUIREMENTS FOR LARGE SCALE, MASTER
PLANNED COMMUNITIES; PROVIDING THAT ALL CONDITIONAL USES
WITHIN A MASTER PLANNED COMMUNITY OF GREATER THAN 100
ACRES ARE REVIEWED AND APPROVED INACCORDANCE WITH THE
CRITERIA AND PROCEDURES FOR PERMITTED AS OF RIGHT USES;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORA nON IN THE MONROE COUNTY
CODE OF ORDINANCES;
\VHEREAS, the Monroe County Board of County Commissioners during a
public hearing on October 19,2005 reviewed and considered the proposed amendment to
the Land Development Regulations to create a definition for Master Planned
Communities of 100 acres or greater and provide an exception to the land development
regulations review procedures for a conditional use provided that that all other provisions
of the LDR are met.
\VHEREAS, large scale, master planned developments are self-contained
communities, with an organizational entity having the authority to enforce development
standards of the community beyond those required by Monroe County in it's Land
Development Regulations; and
WHEREAS, these self-contained, large scale master planned communities provide
comprehensive, private utility services, and transportation facilities and services within their
boundaries and are gated, where all public aceess is controlled; and
\VUEREAS, the intensity and density of development within these master planned
communities are controlled through a master plan approved by Monroe County; and
WHEREAS, the impacts of development on the existing community and
infrastructure facilities are predominately contained within tqe boundaries of these large scale
planned communities; and
WHEREAS, standards and review procedures commonly applied to proposals within
unincorporated Monroe County are otten less applicable within a master planned community
with a formulized internal project review process; and
Page 1 of4
WHEREAS, the requirement for conditional use approval for development within
large scale master planned communities is cumbersome, CQstly for both the applicant and
Monroe County, and needlessly prolongs the approval process without tangible,
commensurate benefits forthe public's health, safety, and welfare; and
\VHEREAS, the Planning and Environmental Resources Department has
prepared this amendment to the LDR and recommend approval of the proposed
amendment to the Board of County Commissioners; and
\VHEREAS, during a regularly scheduled meeting held on September 28th,
2005, the Planning Commission after conducting a public hearing and recommended
approval of the proposed amendment to the Board of County Commissioners; and
\VHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the Land Development Regulations recommendcd by tJ,('; Planning
Commission and the Planning and Environmental Resources Department to creatc a
definition for master planned community in section 9.5.4(m-6, 1), to elimInate certain
obsolete and superfluous provisions of section 9.5-231 aIld provide an exception to the
development review proccdures and requirements for large scale, master planned
communities; providing that all conditional uses within a master planned community of
greater than 100 acres are reviewed and approved in accordance with the criteria and
procedures for permitted as of right uses; and,
\VHEREAS, the Board of County Commissioners finds the proposed
amendments are consistent with and further the goals, objectives and policies of the Year
20 I 0 Comprchensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-4 (M-6.1), Monroe County Code, is hereby renumbered to Section
9.5-4 (M-6.2) and Section 9,5-4 (M-6.l) is hereby renumbered to Section 9.5-4(M-6.3).
Section 2. New Section 9.5.4 (M-6.l), Monroe County Code, is hereby created that reads as
follows:
"(M-6.!). A/aster planned community> means any master p'!anned communitv subject to a
master plan or other development order approved by Monroe County where public access is
restricted and the community is operated and maintained QY the community including the
provision of comprehensive, private utilities and transportation facilities and services within
its boundaries and a homeowners association or similar entity which regulates development
standards and monitors development requests bv its members,"
Section 3. Section 9.5-231 (b) is hereby amended as follows:
"(b), Notwithstanding any provision of this division, all development listed as penuitted as of
right within a mapped land use district '.'lith an area of one (1) acre or less, other than a
commercial fishing district, shaH be considered as a minor cenditional use. Notwithstanding
Page 2 of 4
any provision of this division, all development listed as a ponditional use within a master
planned community of one-hundred or more acres in area, sh&l1 be reviewed and processed as
a use permitted, as of right A pre-application conference shall be required prior to the
submittal for development approval listed as a conditional us~.
Section 4. Delete Section 9.5-231 (c).
Section 5. Section 9.5-231(d) is hereby renumbered as Secticm9.5-231(c).
Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said cont1ict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance wbich has been repealed thereby.
Section 8. This ordinance does not affect prosecutions for prdinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid
on the effective date of this ordinance; and does not afIect the validity of any bond or cash
deposit posted, filed, or deposited pursuant to the requirements of any ordinance,
Section 9. 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 Administration Commission approving the ordinance. .
Section 10. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
Section 11. The provisions of this ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately numbered to conform to the uniform numbering system of the Code.
- The remainder of this page is left blank-
Page 30f4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of , A.D. ,
2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Georgf;:: Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Page 40f4
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MONROE COUNTY, FLORIDA
RESOLUTION D19-05
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING
COMMISSION ADOPTING AMENDMENTS TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS TO CR)::ATE A DEFINITION FOR
MASTER PLANNED COMMUNITY IN SECTION 9.5-4(M-6.1)~ ELIMINATE
CERTAIN OBSOLETE AND SUPERFLUOUS PROVISIONS OF SECTION 9.5-
231 AND PROVIDE AN EXCEPTION TO THE DEVELOPMENT REVIE\V
PROCEDURES AND REQUIREMENTS FOR LARGE SCALE, MASTER
PLANNED COMMUNITIES; PROVIDING THAT ALL CONDITIONAL USES
WITHIN A MASTER PLANNED COMMUNITY OF GREATER THAN 100
ACRES ARE REVIEWED AND APPROVED INhCCORDANCE WITH THE
CRITERIA AND PROCEDURES FOR PERl'vlITTED AS OF RIGHT USES;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES.
..."....f-,..~,-
\VHEREAS, large scale, master planned developments are self-contained
communities, with an organizational entity having the authority to enforce development
standards of the community beyond those required by the County in its Land
Development Regulations; and
\VHEREAS, these self-contained, large scale master planned commumtles
provide comprehensive, private utility services, and transportation facilities and services
within their boundaries and are gated, where all public access is controlled; and
\VHEREAS, the intensity and density of development within these master
planned communities are controlled through a master plan approved by Monroe County;
and
\VHEREAS, the impacts of development on the eXIstmg community and
infrastructure facilities arc predominately contained within the boundaries of these large
scale planned communities; and
\VHEREAS, standards and review procedures commonly applied to proposals
within unincorporated Monroe County are often less applicable within a master planned
community with a formulized internal project review process; and
C:\Documents and Settings\conaway-marlene\Local Settings\Temporary Intemet Files\OLKFD\Gated
Community Ordinance DRC Resolution to PC.docpage 1 of 3
\VHEREAS, in recognition of the above factors, the requirement for conditional
use approval for development within large scale master planned communities is
cumbersome, costly for both the applicant and the County, and needlessly prolongs the
approval process without tangible, commensurate benefits for the public's health, safety,
and welfare; and
\VHEREAS, the Development Review Committee (DRC) of Monroe County,
Florida met to review the text amendment on September 6, 2005; and
\VHEREAS, the Development Review Committee reviewed the following
infoffilation relevant to the request for a Major Conditional Use:
Rep-ort reviewed:
. Draft ordinance of proposed text amendment
Comments:
. Comments made by members of the Development Review Committee
WHEREAS, the Director of Planning has duly considered the recommendation of
the Development Review Committee; and
WHEREAS, the record established, the testimopies offered, and the evidence
submitted, support the Findings of Fact and Conclusions of Law, adopted by the
Development Review Committee; and
\VHEREAS, the Development Review Conul1ittee adopted the following
Findings of Fact and Conclusions of Law:
1. If the required pre-application conference reveals that the proposed projects will be
a Development of Regional Impact (DRI), then the applicant shall conform to
Monroe County Code (MCC), Section 9.5-68(d). This section requires the
notification of real property within 300 feet of the ~ite and publication of request in
the local newspapers.
NO'V THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, fLORIDA, to APPROVE the
request with the following conditions:
L Section 9.5-231(b) shall be additionally amended to require public notice and
advertising for requests that involve Developments of kgionai~pact.
PASSED AND ADOPTED by the Development Review Committee of Monroe
County, Florida, at a regular meeting held on the 6th day of September, 2005.
C:\Documents and Seuings\conaway-marlene\Local Settings\Temporary Internet Filcs\OLKFD\Gated
Community Ordinance DRC Resolution to PC.docPage 2 of3
Aref Joulani, DRC Chair
Beth Lafleur, Island Planning Team Director
Jeff Stuncard, Principal Planner
Clarence Feagin, Monroe County Planner
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORIDA
BY
Aref Joulani, DRC Chair
Signed this __day of
,2005.
C\Documents and Settings\conaway-marlene\Local Settings\T emporary Internet Files\OLKFD\Gated
Community Ordinance DRC Resolution to PC.docpage 3 of 3
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY PLANNING COMMISSIONERS
RECOMMENDING ADOPTION TO THE BOARD OF COUNTY
COMMISSIONERS OF AMENDMENTS TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS TO CREATE A DEFINITION FOR MASTER
PLANNED COMMUNITY IN SECTION 9.5-4(M-6.1), ELIMINATE CERTAIN
OBSOLETE AND SUPERFLUOUS PROVISIONS OF SECTION 9.5-231 AND
PROVIDE AN EXCEPTION TO THE DEVELOPMENT REVIEW PROCEDURES
AND REQUIREMENTS FOR LARGE SCALE, MASTER PLANNED
COMMUNITIES; PROVIDING THAT ALL CONDITIONAL USES WITHIN A
MASTER PLANNED COMMUNITY OF GREATER THAN 100 ACRES ARE
REVIEWED AND APPROVED INACCORDANCE WITH THE CRITERIA AND
PROCEDURES FOR PERMITTED AS OF RIGHT USES; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES;
WHEREAS, the Monroe County Planning Commission during a public hearing
on September 28, 2005 reviewed and considered the proposed amendment to the Land
Development Regulations to create a definition for Master Planned Communities of 100
acres or greater and provide an exception to the land development regulations review
procedures for a conditional use provided that that all otber provisions of the LDR arc
met.
'WHEREAS, large scale, master planned developments are self-contained
communities, with an organizational entity having the authority to enforce development
standards of the community beyond those required by Monroe County in it's Land
Development Regulations; and
WHEREAS, these self-contained, large scale master planned communities provide
comprehensive, private utility services, and transportation facilities and services within their
boundaries and are gated, where all public access is controlled; and
WHEREAS, the intensity and density of development within these master planned
communities are controlled through a master plan approved by Monroe County; and
WHEREAS, the impacts of development on the existing community and
infrastructure facilities are predominately contained within the boundaries of these large scale
planned communities; and
\VHEREAS, standards and review procedures commonly applied to proposals within
unincorporated Monroe County are often less applicable within a master planned community
with a formulized internal project review process; and
Page 1 of4
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any provision of this division, all development listed as a conditional use within a master
planned community of one-hundred or more acres in area, shall be reviewed and processed as
a use permitted, as of right. A pre-application conference shan be required prior to the
submittal for development approval1isted as a conditional use.
Section 4. Delete Section 9.5.231(c).
Section 5. Renumber Section 9.5-231(d) as Section 9.5-231(~).
PASSED AND ADOPTED By the Planning Commissioll of Monroe County, Florida at
a regular meeting held on the 28th day of September 2005.
Chair Lynn Mapes
Vice Chair Denise Werling
Commissioner Randy Wall
Commissioner Julio MargaUi
Commissioner James Cameron
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By~_
Lynn Mapes, Chair
Signed this ~__ day of
, 2Q045
Page 3 of4