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Ordinance 026-1995 ~,. Planning Department ORDINANCE No. 026-1995 t C ( C. IJ-\ 0:: ,: c> 1'. e:" I,\.: , ..._'1 ~ ~ en E:: a:: , C:C....J , ; :::> l..l- AN ORDINANCE AMENDING THE LAND DEVELOPMENT o ~REGULATIONS (CHAPTER 9.5, MONROE COUNTY CODE) .:.) , .:. l- MORE SPECIFICALLY SECTION 9.5-247, COMMERCIAL .'\ l- Z " :-;:;) FISHING SPECIAL DISTRICTS, BY ADDING THE :-) ~ FOLLOWING NEW SUBSECTION, COMMERCIAL FISHING ',: :.uSPECIAL DISTRICT-20, AFTER SUBSECTION (r), TO ",!e: ~REPLACE SUBSECTION (s) , CHANGING CURRENT '. ,.C ~~SUBSECTION (s) TO SUBSECTION (t); PROVIDING FOR ~":J ;~1 ~RANSMITTAL TO THE STATE LAND PLANNING AGENCY FOR 'J APPROVAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. N u_ c:::> ::::> a:: l.n 0) .. WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinances (MCC) , provides that the land development regulations (LDRs) (Chapter 9.5 of the Code), may be amended or changed at any time, and WHEREAS, pursuant to Chapter 163, Florida Statutes, the Planning Commission is designated as the IIlocal planning agencyll by the Board of County Commissioners sitting as the IIlocal governing bodyll, and WHEREAS, the county staff has gathered the relevant data and has analyzed recommended additions; and WHEREAS, the staff's recommended changes were provided to the Development Review Committee for review and comment, and WHEREAS, the Monroe County Planning Commission during a regular meeting held on May 25th, 1995, conducted a public hearing regarding the Commercial Fishing Special District-20 text amendment, and WHEREAS, the Planning Commission has considered the Development Review Committee recommendation and the Planning Department recommendation, and WHEREAS, The Planning Commission has found them to be consistent with the Monroe County Comprehensive Plan and has made a recommendation that the Monroe County Board of Commissioners approve the text additions to the LDRs, and WHEREAS, the Monroe County Board of Commissioners, after due notice and public participation in the hearing process, has reviewed all of the above recommendations and now legislatively acts thereon; and LDRCFSD.20A/TXTDR Page 1 of 4 Initials WHEREAS, F.S. 380.0552(9) requires that the state land planning agency must approve all proposed land development regulations before such changes may become effective; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY FLORIDA, THAT THE FOLLOWING CHANGES BE MADE TO CHAPTER 9.5 OF THE MONROE COUNTY CODE: Section 1. The proposed text amendment as underlined shall be added to the LDRs as follows: Sec. 9.5-247. Commercial Fishing Special Districts Add the following new subsection after subsection (r), to replace subsection (s). Change current subsection (s) to subsection (t): (s) CFSD 20 (Located on Little Torch Key) (1) The followinq uses are permitted as of riqht: a. Commercial fishinq; b. Wholesale sales of catch; c. Manufacture, assembly. repair, maintenance and storaoe of traps for use by the property owners, residents, and their respective immediate families only; d. Fuel storaqe tanks of 500 qallons or less in size. installed consistent with Fire Marshall standards and other applicable safety requlations; e. Detached dwellinqs; f. Replacement of mobile homes existinq as of the date of this ordinance; q. Accessory uses; h. Replacement of docks in existence as of the date of this ordinance, reqardless of the percentaqe of replacement necessary; i. Home occupations; i. New docks with a terminal platform of 200 square feet or less. if in compliance with County and State requlations. These as of riqht uses, a - h listed above. are subiect to the followinq limitations: a. Commercial fishinq uses shall be limited to the property owners. residents. and their respective immediate families; b. No use shall involve a vessel that draws more than three (3) feet of water; c. Wholesale sales shall be limited to the catch off-loaded from vessels operated by the property owners. occupants. and their respective immediate families. (2) No minor or maior conditional uses shall be permitted. LDRCFSD.20A/TXTDR Page 2 of 4 Initials (3) The aliocated residential density and the maximum net residential density for this district shall be one (1) sinqle family dwellinq unit per acre, OR one (1) sinqle family dwellinq unit per parcel for those parcels existinq as of the date of this ordinance, whichever is less. In spite of Land Use Intensity Section 9.5-261, this residential density shall be allowed in addition to the non-residential uses permitted above, with the Floor Area and Open Space Ratios to be determined pursuant to Section 9.5-269. Sec. 9.5-262. Maximum residential density and district open space*. Revise the Commercial Fishing entry on the table in this section as follows: Land Use District and Use Allocated Density Maximum Net Density (DU/Buildable Area) O.S.R. * Commercial Fishing 11l 3.0 12.0 0.2 (1) The allocated and maximum net densities listed in this table do not apply to CFSD-20 (Little Torch) See Section 9.5-247 (s) (3) for residential densities. Section 2. If the state land planning agency shall disapprove any land development regulations change, such disapproval shall in no way affect the validity of any other land development regulation change. Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. 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. Section 5. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant toF.S.380.0552(9). Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not be deemed effective until approved by the state land planning agency. LDRCFSD.20A/TXTDR Page 3 of 4 Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 18th th day of July ,A.D., 1995. Mayor Freeman Mayor Pro Tern London Commissioner Harvey Commissioner Reich Commissioner Douglass yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS ~YC'FLORIDA , ,:T~ MAY /CHAIRPERSON BY (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ~c.~~ DEPUTY CLERK BY LDRCFSD.20A/TXTDR Page 4 of 4 Initials I ' .. 1Dannp 1.. lKolbage CERTIFIED MAIL RETURN RECEIPT REQUESTED CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 August 2, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 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. 022,024, & 026-1995, all which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 18, 1995. 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 .JkJ~, C. fj~,4cv~y ./ Deputy Clerk cc: Municipal Code Corporation, Ord. #'s: 022 & 024-1995 only County Commission County Administrator County Attorney Growth Management Director, Ord. #026-1995 Tax Collector, Ord. #022-1995 Public Works Director, Ol'd. #024-1995 VFile I ' A ., •, e i $.:61 - . rtirE _''PP(IRAF:t., PO C_,, dvFyll9‘fe' r" °ren_ K �YV n T Ts! _• ri f,J;i;- ).n` ./ t1✓o-' �/ u.S.POSiAGi'K Q FEB 12'96 m:�"•! « ;; ft 2 ® `` 'ALP' P.D.es;2za !r •c -p_rc;7pr' t.lil' is)110','-ruI 'foteri.1. I ,c;ri' •nj .i,li' _ .ThriCE ,inp _.J)I'::rdifl. ]rd]nn;. Nos, I'91-1995 0e2-19?6, (10'(-199 •. C_. Ruth Ann iar:'_e1 Depdty Clerk (icn ire .:ourity Ply (loot 1.98o l e.y, w,721 , ,-_ 73u4i 1•80::- CC'.E (,d;,tion,,.) [DJ en•' tc r ord1'Idnces to ordu'431a1i.AuliicoJe.ccQi Yislt :Ji hu,e page et http://www.municod .com Z 396 367 LS6 - - Receipt for n`; - Certified Mail— SENDER: r No Insurance Coverage Provided n • Complete items 1 and/or 2 for additional services. • I also wish to receive the I.Losr,res Do not use for International Mail ros. s,wlcr a, • Complete items 3,and 4a&b. following services (for an extra cmi (See Reverse) L • Print your name and address on the reverse of this form so that we can fee): ? e� / 0return this card to you. m �Im : , ct • Attach this form to the front of the mailpiece,or on the back if space - 1. ❑ Addressee's Address c N does not permit. a Gilf e/ t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery ' C c3 ///-=—" ` e • The Return Receipt will show to whom the article was delivered and the date U, 2 P S re.,r Zip -rd o delivered. Consult postmaster for fee. m• o `/o�`ai d7f/2-4�'e+ .'' . 3. Article Addressed to: 4a. Article NumberALA 7??i . C,Cou. Q Z 396 367 to S(o =: ;vs 7j�c . 2 3. , IM,,, t 7 n%`a- _ �y /� '0/n1(� �n " 4b. Service Type e� i Certified Fer. i cGQ. /fJ Registered ❑ Insured C. iti IT CO()c� [ 'Certified ❑ COD c' In. �� (� • ��rt,, � y ❑ Express Mail ❑ Return Receipt for a' Ifir Deli _' 0 y0/ OPOt, ,.7?svt o.4L. ; ' p Merchandise 13. -" O G 7. Date of Delivery Rr;urn eceid il Q / �., �., A 3.73 99-007s-6 O• to Mc n :-4 - eliver;. z 5 i atur Kj ress e , p 8. Addressee's Address(Only if requested.• R-r, r',A` a H r �Df j b�;6- 1�l "/ nd fee is paid) _ TOTAL r r $ � cc 6. Signature (Agent) f F- &Fees O i i l i t , (l l i 3 i t I;K1 4,1 u)1 , 1 , . , �,(. 1 , �� , Postmark or Date > PS Form 3811, Decembe 991 ` .ftr0.tees-352at4 DO ESTIC RETURN RECEIPT ' 40/L4Q. #...a'• to daa, oay % Dad-/9.75 FLORIDA DEPARTMENT OF STATE Sandra B. Morthatn Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 August 8, 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead street Key West, Florida 33040 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 August 2, 1995 and certified copy each of Monroe County Ordinance Nos. 95-22, 95-24, and 95-26, which were filed in this office on August 7, 1995. lJ") -- R ~L C / I'lW1I ::x: " Sincerely, ~"b ~__ Liz Cloud, Chief Bureau of Administrative Code '""" - ;z -....... --...., U) :::J c::c ~.. S~:" ~'- .J2C :z: ei:) ~ L4..; L.L ~