Ordinance 039-1997
DRAFT 10/21/97
ORDINANCE 039-1997
AN ORDINANCE AMEND NG THE MONROE COUNTY YEAR
2010 COMPREHENSIVE rLAN AS FOLLOWS: AMENDMENTS
TO POLICY 101.4.21 IN ORDER TO CLARIFY THAT USES
WITHIN THE AGRICULTURAL, EDUCATIONAL,
INSTITUTIONAL, PUBLIC FACILITIES, AND PUBLIC
BUILDINGS AND GROUNDS FUTURE LAND USE CATEGORIES
ARE INTENDED TO BE INCORPORATED INTO THE EXISTING
SYSTEM OF LAND USE DISTRICTS IN THE FUTURE LAND
DEVELOPMENT REGULATIONS; TO PROVIDE FOR A
MAXIMUM NET DENSITY OF 25 FOR AFFORDABLE HOUSING
IN THE URBAN RESIDENTIAL (UR) LAND USE DISTRICT; TO
CLARIFY THE MEANING WHERE THERE IS AN ALLOCATED
DENSITY BUT A MAXIMUM NET DENSITY OF "0"; AND TO
DELETE ERRONEOUS REFERENCES TO DENSITIES AND
INTENSITIES SO AS TO RECONCILE THE
DENSITY/INTENSITY TABLE WITH THE USES ACTUALLY
ALLOWED IN EACH FUTURE LAND USE CA TEGORY.
POLICIES 101.18.1 AND 101.18.2 ARE ALSO AMENDED TO 3: ("') r-,
REMOVE THE TIME LIMIT FOR BENEFICIAL USE 0 r- ::::
::z: ;;>0:; --'
APPLICATIONS. ;:0' ;.;
o (") "
rrr - r'"
o
C) C-"
c: :.....;
..
CO
-...J
:2:
<<:::;)
-::::::
/-A
CD
q
<::1
""
WHEREAS, it has become apparent that certain amendments to the
Monroe County Year 2010 Comprehensive Plan are necessary in order to clarify
the original intent of the Board; and
;.;:::: "-- -0
-/ . "-
.-::. ".',", ::3
"'rJ [ 'r-; ''->
r-
1> -::::
c..,)
"...
"
(:>
":)
WHEREAS, at a regular meeting on March 18, 1997, the Development
Review Committee reviewed and recommended approval of the proposed
amendments; and
~J
fl1
C")
<::>
;:0
o
WHEREAS, at a regular meeting held on May 23, 1997, the Monroe
County Planning Commission, sitting as the local planning agency, after due notice
and public participation in the public hearing process, conducted a public hearing
and recommended approval of the proposed amendments; and
WHEREAS, the Board hereby adopts the findings of fact and conclusions
of law as provided by the Planning Commission in Resolution P46-97 as its own;
and
WHEREAS, the Board transmitted the proposed ordinance to the Florida
Department of Community Affairs (DCA) via Resolution 233-1997; and
PAGE 1of7
Initials_
DRAFT 10/21/97
WHEREAS, DCA submitted a report of Objections, Recommendations
and Comments (ORC) to the County in a.1etter to Mayor Douglass dated
September 11, 1997; and
WHEREAS, the Board finds that, in a report dated October 21, 1997, the
Planning Department Staff have adequately responded to the ORC and the Board
hereby adopts the findings and conclusions of said report as its own; and
NOW THEREFORE, BE IT RESOLVED BY THE OF MONROE
COUNTY BOARD OF COMMISSIONERS THAT:
Section 1. Policy 101.4.21 of the Policy Document of the Monroe County Year
2010 Comprehensive Plan is hereby amended to read as follows:
(Deleted language is stricken through while proposed language is underlined.)
PAGE 2 of7
Initials
DRAFT 10/21/97
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for the future
land use categories, which are shown on the Future Land Use Map and described in
Policies 101.4.1 - 101.4.17: [9J-5.006(3)(c)7].
Future Land Use Densities and Intensities
Future Land Use Category Allocated Density Maximum Net Maximum
and Corresponding Zoning (per acre) Density Intensity
(per buildable acre) (floor area ratio)
Agriculture (A) Odu Q..d>> n.a. 0.20-0.25
(no directly corresponding zoning) o rooms/spaces ~ ,
n.a.
Airport (AD) Odu O-da n.a. 0.10
(AD zoning) o rooms/spaces o...roomslsJ}a€e5 n.a.
Conservation (C) Odu O-da n.a. 0.05
(CD zoning) o rooms/spaces ^ ,
n.a.
Education (E) Odu o..-du n.a. 0.30
(no directly corresponding zoning) o rooms/spaces Q..r-eemsl-spae-es n.a.
Industrial (I) 1 du 2du 0.25-0.60
(I and MI zoning) o rooms/spaces Q..r-oomslspaees n.a.
Institutional (INS) Odu Q..d" n.a. 0.25-0.40
(no directly corresponding zoning) 3-15 rooms/spaces 6-24 rooms/spaces
Mainland Native (MN) 0.01 du Q..d>> n.a. 0.10
(MN zoning) o rooms/spaces ~ ,
n.a.
Military (M) 6du 12 du 0.30-0.50
(MF zoning) 10 rooms/spaces 20 rooms/spaces
Mixed Use/Commercial (MC) 1-6 du 6-18 du 0.10-0.45
(SC, UC, DR, RV, and MU zoning) 5-15 rooms/spaces 10-25 rooms/spaces
Mixed Use/Commercial Fishing (MCF) Approx. 3-8 du 0.-12 du 0.25-0.40
(CFA, CFV, CFSD zoning) o rooms/spaces o rooms/spaces
Public Facilities (PF) Odu O-da n.a. 0.10-0.30
(no directly corresponding zoning) o rooms/spaces Q..r-oomslsoae-es n.a.
Public Buildings/Grounds (PB) Odu Q..d" n.a. 0.10-0.30
(no directly corresponding zoning) o rooms/spaces f\ n.a.
Recreation (R) 0.25 du Q..d" n.a. 0.20
(pR zoning) 2 rooms/spaces ^ n.a.
Residential Conservation (RC) 0-0.25 du O-da n.a. 0-0.10
(OS and NA zoning) 2.D rooms/spaces o.--rooms/sJ}a€e5 n.a.
Residential Low (RL) 0.25-0.50 du ~i.du 0.20-0.25
(SS, SR, and SR-L zoning) M..() rooms/spaces f\ 0 n.a.
Residential Medium (RM) approx. 0.5-8 du o..-du n.a. o.:20-Q.:2~~
(IS zoning) (1 du/lot) Q..r-eemslspae-es n.a.
o rooms/spaces
Residential High (RH) approx. 3-16 du O-U--lLdu Q.:1D-O;.2$ ~
(IS-D, URM, and UR zoning) (1-2 do/lot) +-2G-20 rooms/spaces.
;)-lO-lO rooms/spaces
Continued ...
PAGE 3 of7
Initials _
DRAFT 10/21/97
Notes:
(a) "n.a." means that maximum net densitv bonuses shall not be available.
@....The allocated and..mmtimum.neHiensities for submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the maximum net density bonuses shall not be available.
~ The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net densitv bonuses
shall not be available.
tilL The maximum net density for SS zoning shall be O. Maximum net density bonuses shall not be available to the
SS district.
~ The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the
maximum net density bonuses shall not be available.
T-he-mmtimum..net.density--for-IS-D.-and..URM--..:omng--shaU.be..g.:
(f) The maximum net densitv for the UR district shall be 25 for units where all units are designated as affordable
housing.
{gLFor properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial
and Mixed Use/ Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net
residential density shall be O.density bonuses not apply.
(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 districts as
aODfooriate.
Section 2. Policies 101.18.1 and 101.18.2 ofthe Policy Document of the Monroe
County Year 2010 Comprehensive Plan are hereby amended to read as follows:
(Deleted language is stricken through while proposed language is underlined.)
Policy 101.18.1
A determination of vested rights and beneficial use shall require:
.!--:.....an..applieation.-to..be..submitted..by.-the..app!ieant...te-.the--l)ireetof--ef.P-lanning-.within..oHe
(1) year after the effective date of the Comprehensive Plan;
~-:- Lappointment of a hearing officer who shall give notice, schedule, and conduct a
public hearing on the application;
3-;.....Lthe preparation of a proposed Determination including findings of fact and
conclusions of law which shall be submitted to the Board of County Commissioners; and
4:- La final Determination that shall specify the development rights that are vested or the
beneficial use to which the landowner is entitled, including:
a) the geographic scope of the Determination in relation to the total area of the
development site;
b) the duration of the Determination and an expiration date;
c) the substantive scope of the Determination, including, but not limited to,
whether the development is vested for density, concurrency, and building
permit allocation;
d) the applicability of existing and future County land development regulations;
PAGE 4 of7
Initials
DRAFT 10/21/97
e) verification that construction timely commences and quarterly reporting
requirements to ensure that th~ development is continuing in good faith; and
f) such other limitations and conditions necessary to assure compliance with the
Comprehensive Plan.
Policy 101.18.2
1. Property owners shall have one (1) year from the effective date of the Comprehensive
Plan to apply for a determination of vested rights.
+-:-LA determination of vested rights shall be based upon one or more valid, unexpired
permits or approvals issued by Monroe County prior to the effective date of this
Comprehensive Plan. The determination of vested rights shall be limited to the
development expressly contemplated by said permits or approvals and to those aspects of
development which meet the standards and criteria of subsection 21 of this Policy.
2-:- L The applicant for a vested rights determination shall have the burden of proving
that:
a) the applicant has reasonably relied upon an official act by the County. For the
purposes of a vested rights determination pursuant to this Comprehensive Plan,
any of the following may constitute an official act:
(1) one or more valid, unexpired permits or approvals issued by Monroe
County, provided that the zoning or land use designation of property
shall not be deemed to constitute a permit or approval for the purpose
of a determination of vested rights; or
(2) a subdivision plat recorded in the official records of Monroe County
which fulfills the criteria established in Section 380.05(18), F.S.; or
(3) an unexpired determination of vested rights granted by the County in
accordance with Section 9.5-181 through 9.5-184 of the Monroe
County Land Development Regulations in effect as of September 15,
1896; or
(4) a valid, unexpired building permit issued prior to the effective date of
this Comprehensive Plan; and
b) the applicant acting in good faith, has made such a substantial change of
position or has incurred such extensive obligations and expenses that it would
be highly inequitable or unjust to affect such rights by requiring the applicant to
now conform to the comprehensive plan and land development regulations.
Substantial changes of position or expenditures incurred prior to the official
County act upon which the vested rights claim is based shall not be considered
in making the vested rights determination; and
PAGE 5 of7
Initials_
DRAFT 10/21/97
c) that the development has com}llenced and has continued in good faith without
substantial interruption.
J:.....LFrom and after the effective date of this Comprehensive Plan, landowners with a
valid, unexpired Development of Regional Impact approval granted by the County shall be
vested, but only with respect to the portion of the Development of Regional Impact
expressly covered by such approval.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. 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 6. The effective date of this ordinance for a plan amendment shall be the
date a final order is issued by the Department of Community Affairs or
Administration Commission finding the amendment in compliance with Section
163.3184(1 )(b), Florida Statutes.
PAGE 6 of7
Initials
DRAFT 10/21/97
PASSED AND ADOPTED by tbe Board of Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 12 thday of
November 1997
, -"
Corrnnissioner -Mayor Douglas ~
Mayor=Ffe =t-eih London ~
Commissioner Freeman ye s
Commissioner Harvey yes
Commissioner Reich - yes
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY, FLORIDA
1t'-- 'c-::::' ...~-~
~~ ~~.~.~~
..-1- ~, (,.- {o"" f.-.ol ,:.;, .
I
(SEAL)
ATTEST:D~L.KOLHAGE,CLERK
,A
ib~Q'~i~
DEPUTY CLE
BY
PAGE 7 of7
Initials
mannp lL. ilolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, 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
November 19, 1997
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find certified copies of Ordinance Nos. 039 through 048-1997,
which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in fonnal session on November 12, 1997. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
Jho.-klc. ~~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
ftile
~....,.
P 381 826 409
~. Receipt for
- X Certified Mail
__ No Insurance" Coveraf\.e Provided
~j~f~~~E Do not use for International Mail
(See Reverse)
~
CJ)
CJ)
Q)
c:
:J
'} TOTAL Postage
ci & Fees
o
00
M
E
o
u.
$
Postmark or Date
~ aL#!-<v:()39~ 0;
-,-...-.~ ~~/
Is your RETURN ADDRESS completed th
"1 all U1 on · rev..... side?
(J) . JJ ~~ ~~ ~ ~ ~~~al.lll~"~
111l ~~ ..~~G>~3~a.~~~Z
~~. ~ tt'~~ ~ 11~3~i~~!l~
~ 8: JJ 0" ~G>ii..
. I..'~' , iil g ~ 3 G> i i
~ l/l -'1II (; "'-
I ~ . ..: = "it. .-.~
::J "'~ a. !~ G> ..Jl>1e:
;.~ OJ ~~1:i i~ ~ ~~~
.3 .9J ~ ~1 So :~g
~~ t)J I .!~ i ~ !.
~ ~ og 3 G> d".
3- ~ iil 0
, il6 "2. < i.
. I ! i. ~ i Sl
. . ~ 2:'2. g So S.
~ ~ ~ i~ g [. ~
e ~~ ~Jii
. !!!.~ g-
~'!f Sl- ~
~: ;; ~
!~ i i
c.G> lil -
g~ a. ~
:g. Ii! ~
aeD J o:io
G>" Sl. ~
II
;--lOOO~
o !7
~~~~g>
a 3 iil iii" S.
o:JJ81~~
~g3::~~
::iIt 'S ~ 'C
oQ' (I)
..c~
-.. N~
~ :>
~ ..... i
~ &SOD
~ ~(")
CIl _ 0
~ 0
~
)>
~g.
CD
tUz
()c)~
_C"
~
~g;i!l
iil~~
lf~'~.
~ l/l
"l/l~
(1).-
<0
0";;
(1)0
l/l(l)
a: ~.
;:f
:>(0
!>>
i~
il'iil
II l/l
l/l
j)o CD
i :-
5:>
_a.
a.
iil
III
!f
oi"
(")
o !'l ~
ii:
s,DD
'C :II )>
o CD a.
l/l l/l a.
~ s: CD
~ ~ i
~ 0-
~ Q (I) l/l
~Q ~ -~~
C:::\. (0(1)0.
(il3i !D-<!iil
a. ~ III
..... ,"""Th~.,~9ufor using RE!turnReceipt Service.
to,," ..,..,.".,.,.",."..""..,P"...'u,......,;'
00
S,)
~
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic S1. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
November 24, 1997
..
3: C> 0 to
0 r- :>;- -J ~'1
Z r: z ,-
:::0 -.:'", C
(") ,.,., Tl
0 - n C?
", :;::e r'"
'T'\
C> C') .7 N 0
0 .-i :::0
C
Z ~ :u
-4 ~......,. m
>.. C>
-< .~
. ...... 0
-" r1l 0 :::0
r- c.,.) 0
)> Nt
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated November 19, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-39, 97-40, 97-41, 97-42, 97-43, 97-44, 97-45, 97-46, 97-47, and 97-48, which
were filed in this office on November 21, 1997.
Sincerely,
~~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-7869 . WWW Address http://www.dos.state.fl.us · E-Mail: election@mail.dos.state.fl.us