02/24/1989 Public Hearing
00
001
Public Hearing/Special Meeting
Board of County Commissioners
Friday, February 24, 1989
Key Colony Beach
A Special Meeting/Public Hearing of the Monroe
County Board of County Commissioners convened at 9:00 a.m.
on the above date at the Key Colony Beach City Hall in Key
Colony Beach. Present and answering to roll call were
Commissioner Douglas Jones, Commissioner John Stormont, and
Vice Chairman Eugene Lytton. Absent from the meeting was
Mayor Michael Puto. Commissioner Harvey arrived late. Also
present were Danny L. Kolhage, Clerk1 Garth Coller,
Assistant County AttorneY1 Donald Craig, Director - Growth
Management Division1 members of the County Planning Staff1
members of the Press and Radio1 and the general public.
Vice Chairman Lytton advised that Mayor Puto was a
member of the State Association of County Commissions'
Legislative Committee and was attending very important
meetings concerning the matters to be considered before the
1989 Legislature.
Garth Coller, Assistant County Attorney, addressed
the Board concerning procedures and the provisions of the
law concerning those who wished to produce a record for
possible appeal.
Donald Craig, Division Director/Growth Management,
addressed the Board concerning the process to be followed in
the Amendment Hearings.
The Board publicly announced that the following
items would be considered as "Bulk Approval" items at the
end of the meeting: PD 97A - Staff Alternative1 PD 100 -
Planning Commission denial1 PD 103B - Planning Commission
denial~ PD 104A - Planning Commission denia11 PD 110 -
Planning Commission denial1 PD ll7 - Planning Commission
approval 1 PD ll9 - Planning Commission approva11 PD l2lB -
Planning Commission denial1 PD 124 - Planning Commission
denial1 PD 126 - Planning Commission denial1 PD 130 -
Planning Commission approval 1 PD 13l - Planning Commission
approval 1 PD 135 - Planning Commission approval1 PD l35A -
Planning Commission approval1 PD 136 - Planning Commission
denial 1 PD 137 - Planning Commission approval as amended 1
PD l37A - Planning Commission approval as amended 1 PD 137C -
Planning Commission approval as amended 1 PD 138 - Planning
Commission denia11 PD 139 - Planning Commission alternative1
PD 140 - Planning Commission denial.
PD 109
Postponed until March 21st.
Commissioner Harvey arrived at the meeting and took
her seat.
PD 96A Amending Section 9.5-262 and 9.5-267, Monroe County
Code, in order to provide for the reduction of residential
and district open space, hotel-motel, recreational vehicle
and institutional residential densities to those allowed by
Land Use Regulations in effect on September l4, 1986 (prior
to the adoption of the current Regulations) 1 TO READ AS
FOLLOWS:
00
002
"Any density which exceeds the previous
plan's provisions should be reduced to
the previous plan's requirements until
and unless scientific and economic
studies are available."
Dagny Johnson of the Upper Keys Citizens Association and Al
Fried addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Jones to accept the
Planning Commission's recommendation for denial. Roll call
vote was unanimous.
Motion was made by Commissioner Harvey and seconded
by Commissioner Jones to hear PD 129. Motion carried unani-
mously.
PD 129
in order
hibiting
grasses,
Amending Section 9.5-345(m)(2)c, Monroe County Code,
to provide for repeal of subparagraph (m)(2)c pro-
a structure on submerged land vegetated with sea
except for docks.
The following persons addressed the Board: Cleare Filer, Al
Fried, Sven Linskold of the Izaak Walton League, Vern
Pokorski, George Kundtz of the Florida Keys Citizens
Coalition, Dagny Johnson of the Upper Keys Citizens
Association, Maria Abadal of DCA. Motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
approve the wording in PD l04 to be placed in Section
9.5-345(m)(2)(c) and (d). Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
Yes
No
Yes
Motion carried.
PD 97 Amending Section 9.5-262, Monroe County Code,
in order to provide for reduction of open space required for
spoil, disturbed, or scarified islands1 TO READ AS FOLLOWS:
"Maximum residential density and district
open space.*
Maximum
Allocated Net Density
Land Use Density (Du/Bui ldable
District and Use (DU/Acre) Area) O.S.R.*
Urban Commercial 6.0 12.0 0.2
Urban Residential 6.0 l2.0 0.2
Urban Residential Mobile
Home 5.0 7.0 0.2
SubUrban Commercial 3.0 6.0 0
SubUrban Residential 1.0 10.0 0.5
SubUrban Residential
(LTD) l.O 3.0 0
Sparsely Settled .5 6.0 0.8
Native:
Mangroves 0 0 1.0
Freshwater Wetlands 0.2 0 1.0
Transitional Habitats 0.3 5.0 0.85
Scarified/Disturbed 0.5 5.0 0.6
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003
Hammocks 0.5 5.0 0.8
Beach/Berm 0.5 5.0 0.9
Pinelands 0.5 5.0 0.8
Mainland Native 0.01 1.0 0.99
Offshore Island 0.2 4.0 0.95
Improved Subdivision See Section 9-303
Commercial Fishing 3.0 12.0 0.2
Destination Resort 1.0 l8.0 0.2
Light Industry 6.0 12.0 0
Maritime Industry 6.0 l2.0 0
Mixed Use 1.0 12.0 0.2
Military Facilities 6.0 12.0 0.2
Park and Refuge 0.5 5.0 0.9
*See additional open space ratios in division 8 of this
article1 in accordance with section 9.5-3(a), the most
restrictive of these ratios applies."
Maria Abadal addressed the Board. The Planning Director
recommended denial. Andy Tobin addressed the Board. Motion
was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the recommendation of Staff and
the Planning Commission for denial. Roll call vote was una-
nimous.
PD 98 Amending Section 9.5-263, Monroe County Code,
in order to provide for the removal of the restriction on
development of lots in the Improved Subdivision and
Commercial Fishing Village that were commonly owned on or
after September l5, 19861 TO READ AS FOLLOWS:
"Sec. 9.5-263. Improved Subdivision and
Commercial Fishing Village
Densities.
Notwithstanding the density limitations
of Section 9.5-262, the owner of a lot in
an Improved Subdivision District or
Commercial Fishing Village District shall
be entitled to develop a single-family
detached dwelling on the lot, provided
that:
(a) The lot has sufficient land area and
dimensions to meet the requirements
of chapter 10D-6 Florida Administrative
Code for the installation of on-site
wastewater treatment systems1
(b) The development of a single-family
detached dwelling on the lot conforms
to each and every other requirement
of thi s plan."
Motion was made by Commisisoner Jones and seconded by Vice
Chairman Lytton to accept the Planning Department's recom-
mendation for approval. Roll call vote was unanimous.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners
present.
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004
PD 98A Amending Section 9.5-264, Monroe County Code,
in order to provide for the removal of the restriction on
development of lots in the Urban Residential Mobile Home
Land Use District that was commonly owned on or after
September IS, 19861 TO READ AS FOLLOWS:
"Delete those portions as follows:
Sec. 9.5-264. Urban Residential Mobile
Home District Density.
Notwithstanding the density limitations
of Section 9.5-262, the owner of a lot in
an Urban Residential Mobile Home District
shall be entitled to develop a single-
family detached dwelling on the lot,
provided that:
a. the lot has sufficient land area and
dimensions to meet the requirements
of Chapter lOD-6 Fla. Admin. Code for
the installation of onsite wastewater
treatment systems.
b. the development of a single-family
detached dwelling on the lot conforms
to each and every other requirement
of this plan."
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to accept Planning Department's recom-
mendation for approval but to amend by adding the following:
"c. the lot was a lawful buildable lot
eligible for a building permit on the
effective date of these regulations."
Roll call vote was unanimous.
Motion was made by Commissioner Jones and seconded by
Commissioner Harvey to reconsider PD 98. Roll call vote was
unanimous.
PD 98 Motion was made by Vice Chairman Lytton and
seconded by Commissioner Harvey to accept Planning
Department's recommendation for approval but to amend by
adding the following:
"(c) The lot was a lawful buildable lot
eligible for a building permit on the
effective date of these regulations."
PD 98B Amending Section 9.5-264, Monroe County Code,
in order to provide for the repeal of Subsections (b) and
(c) .
The Planning Director advised the Commission that
he was formally withdrawing this proposed amendment.
PD 99 Amending Section 9.5-264, Monroe County Code,
in order to provide for the inclusion of a new Urban Mobile
Home Limited Land Use District and the assignment of one
dwelling unit per lot so zoned1 TO READ AS FOLLOWS:
"Sec. 9.5-264. Urban Residential Mobile
Home and Mobile Home and
Mobile Home-Limited District
densities.
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005
Notwithstanding the density limitations
of section 9.5-262, the owner of a lot in
an Urban Residential Mobile Home District
shall be entitled to develop a dwelling
unit on the lot, provided that:
(a) The lot has sufficient land area and
dimensions to meet the requirements of
chapter 10D-6, Florida Administrative Code,
for the installation of on-site wastewater
treatment systems1 and
(b) The development of a dwelling unit on
the lot conforms to each and every other
requirement of the plan."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval amended as follows:
"Sec. 9.5-270. Urban Residential Mobile
Home-Limited District
densities.
Notwithstanding the density limitations
of section 9.5-262, the owner of a lot in
an Urban Residential Mobile Home District
shall be entitled to develop a dwelling
unit on the lot, provided that:
(a) The lot has sufficient land area and
dimensions to meet the requirements of
chapter 10D-6, Florida Administrative
COde, for the installation of on-site
wastewater treatment systems1 and
(b) The development of a dwelling unit
on the lot conforms to each and every
other requirement of the plan1 and
(c) The lot was a lawful buildable lot
eligible for a building permit on the
effective date of this chapter."
George Kundtz addressed the Board. Roll call vote was una-
nimous.
PD 102 Amending Section 9.5-265, Monroe County Code,
in order to provide for the transferability of development
rights (TDR) from any type of land use district to another
district subject to a conditional use permit, for a density
bonus for transfers outside the Area of Critical County
Concern (ACCC)1 the clarification of dwelling unit alloca-
tions for Improved Subdivision (IS) zoning1 for the
assigning of administration of the TDR program to the Monroe
County Land AuthoritY1 the procedures for the transfer of
development rights1 the determination of the effect of
transferred parcels1 the bonuses for the transfer of resi-
dential units in the Native Districts to hotel units in cer-
tain Land Use Districts1 TO READ AS FOLLOWS:
See EXHIBIT A attached hereto and made
a part hereof.
vice Chairman Lytton discussed the nature of a quit-claim
deed as referred to in this proposed amendment and a
warranty deed. After discussion, motion was made by Vice
Chairman Lytton and seconded by Commissioner Stormont to
replace all references to a "quit-claim deed" with "warranty
deed or its functional equivalent". Roll call vote was una-
nimous. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to amend Paragraph A-2 to
00
006
delete the reference to "Holiday Isles". Roll call vote was
unanimous. Motion was made by Commissioner Stormont and
seconded by Vice Chairman Lytton to delete Items A-3 and A-4
and renumber Items A-5 and A-G. Roll call vote was unani-
mous. Maria Abadal of DCA discussed a portion of Item A-2.
Motion was made by Commissioner Jones and seconded by Vice
Chairman Lytton to delete the following portion from
Paragraph A-2 "and maximum net density of individual par-
cels, only within the above named Areas of County Critical
Concern may be exceeded by the use of TDR's by a factor of
50%,". Dagny Johnson addressed the Board. Roll call vote
was unanimous. Danny Kolhage, Clerk, discussed several pro-
posed amendments to the language. Donald Craig, Planning
Director, also discussed some amendments. Motion was made
by Vice Chairman Lytton and seconded by Commissioner Jones
to approve the following:
subparagraph A-6-b: Delete the word "registrar" and replace
with the word "coordinator".
Subparagraph B-I: Insert the words "in recordable form"
after the word "affidavi t" in the first line. Delete the
words "transfer parcel's chain of title" in the last sen-
tence and insert the words "Official Records of Monroe
County" in lieu thereof.
Subparagraph B-2: Delete the words "Monroe County Clerk
of the Court's office" in the eighth and ninth lines and
insert in lieu thereof the words "Official Records of Monroe
County."
Subparagraph B-3: Add the following sentence: "The
Planning Director is directed to meet with the County Clerk,
the State and Local Bar Associations, and the State Real
Estate Commission to refine the technical procedures for
administration of this Section, upon approval of the Board
of County Commissioners."
Roll call vote was unanimous. Motion was then made by
Commissioner Stormont and seconded by Commissioner Lytton to
approve Planning Commission's recommendation as amended
above and with the following Planning Commission modifica-
tions:
Change "permit" to "approval" in A.l.
Delete word "to" in A- 2, next to las t Ii ne ,
following "when it is...".
Add to A.2.a the reference to subparagraph (a)
after "9.5-345".
Delete "D. Bonuses" section.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD l03 Amending Section 9.5-266, Monroe County Code,
in order to provide for awarding a bonus density unit beyond
the present maximum net density for hotel-motel uses for
each two employee housing units provide, and exempt employee
housing from floor area ratios applicable to hotel-motel
useS1 TO READ AS FOLLOWS:
00
007
See EXHIBIT B attached hereto and
made a part hereof
The following persons addressed the Board: Dagny Johnson,
George Kundtz, Kevin McCarthy of the Governor's Task Force
on Affordable Housing, Rick Tadejas, and Al Fried. Motion
was made by Commissioner Stormont and seconded by Vice
Chairman Lytton to WITHDRAW CONSIDERATION of Section "(a)
Affordable Housing" and resubmit after the Governor's Task
Force on Affordable Housing finishes its report. Roll call
vote was unanimous. Motion was made by Commissioner
Stormont and seconded by Vice Chairman Lytton to accept
Staff's recommendation for approval for Section "(b)
Employee Housing" with the following amendments: delete the
words "for fifteen (15) years" in the last sentence of
Subparagraph (5) and insert in lieu thereof the words "in
perpetuity" 1 insert the following language after the words
"foregone employee housing" in the next to the last sentence
of Subparagraph (4): "to be utilized for affordable and
employee housing within the district in which collected".
Roll call vote was unanimous.
PD I03A
in order
IS-D and
ment for
Amending Section 9.5-266, Monroe County Code,
to provide for an allowed increase of density in
UR along with a reduction in the parking require-
Affordable Housing1 TO READ AS FOLLOWS:
"(b) Notwithstanding the density
limitations set forth in section 9.5-262,
parcels of land classified Suburban
Residential, Improved Subdivision -
Duplex, and Urban Residential may be
developed at an intensity of up to the
maximum net density of dwelling units
per acre provided that:"
Add paragraph (e) as follows:
"Notwithstanding the density limitations
set forth in section 9.5-262, and the
off-street parking requirements of
section 9.5-35l(c), parcels of land
classified as Urban Residential or
Improved Subdivision - Duplex may be
developed at an intensity of up to 25
dwelling units per acre, with an off-
street parking requirement of one space
per dwelling unit, provided that such
units are sold, held, maintained or
operated as affordable housing as
hereinabove described."
Motion was made by Commissioner Stormont and seconded by
Vice Chairman Lytton to WITHDRAW CONSIDERATION and resubmit
after the Governor's Task Force on Affordable Housing
finishes its report. Roll call vote was unanimous.
PD l05 Amending Section 9.5-267, Monroe County Code,
in order to provide for qualifying the allocated and maximum
net density criteria to allow for conversion of resort
hotels to condominiums, and requiring payment of any addi-
tional impact fees applicable to the new useS1 TO READ AS
FOLLOWS:
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008
"Sec. 9.5-267. Maximum hotel-motel, recreational
vehicle and institutional resi-
dential densities.
Land Use
District and Use
Allocated
Density
(rooms/
acre)
Maximum
Net Density
(Rooms/
buildable
acre)
O.S.R.*
Urban Commercial:
Hotel
Inst. Res.
Rec. Rental
Urban Residential:
Inst. Res.
Urban Residential Mobile
Home:
Rec. Rental
SubUrban Commercial:
Hotel
Inst. Res.
Rec. Rental
SubUrban Residential:
Inst. Res.
Hotel
Rec. Rental
Destination Resort:
Hotel
RV:
Rec. Rental
Hotel
Mixed Use:
Hotel
Inst. Res.
Rec. Rental
Inst.
Sparsely Settled:
Campgrounds
Offshore Island:
Campgrounds
Maritime Industries:
Hotel
Military Facilities:
Inst. Res.
Park and Refuge
10.0
20.0
0.2
0.2
0.2
0.2
l5.0*
15.0
15.0*
24.0
24.0
15.0*
5.0
15.0
5.0*
10 . 0 *
7.0
0.2
20.0
20.0
10.0*
o
o
o
3.0
5.0
5.0*
6.0
20.0
10 . 0 *
0.5
0.5
0.5
15.0***
30.0***
0.2
15.0
15.0
15.0*
l5.0
15.0
5.0
10.0*
5.0
20.0
20.0
lO.O*
20.0
0.2
0.2
0.2
0.2
0.8
5.0**
15.0**
2.0**
10 .0 * *
0.95
l5.0
10.0
5.0
20.0
o
20.0
20.0
0.2
0.9
*Recreational vehicle or campground spaces per acre.
**Campground spaces per acre.
***In the event a resort hotel is converted to permanent
residential units, e.g. a condominium, the hotel rooms
may be converted to the maximum net density as provided
in Section 9.5-262, and would be subject to any addi-
tional impact fees due as a consequence of increased
intensity and resulting impacts on public services and
facilities."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval as amended to allow 10.0 rooms/
acre allocated density and 25.0 rooms/buildable acre maximum
net density and to strike the word "resort" in the footnote
to the table, but also to amend to remove all references to
condominium conversions. Roll call vote was unanimous.
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009
PD 105 Amending Section 9.5-267, Monroe County Code,
in order to provide for qualifying the allocated and maximum
net density criteria to allow for conversion of resort
hotels to condominiums, and requiring payment of any addi-
tional impact fees applicable to the new useS1 TO READ AS
FOLLOWS:
"Sec. 9.5-267. Maximum hotel-motel, recreational
vehicle and institutional resi-
dential densities.
Land Use
District and Use
Allocated
Density
(rooms/
acre)
Maximum
Net Density
(Rooms/
buildable
acre)
O.S.R.*
Urban Commercial:
Hotel
Inst. Res.
Rec. Rental
Urban Residential:
Inst. Res.
Urban Residential Mobile
Home:
Rec. Rental
SubUrban Commercial:
Hotel
Inst. Res.
Rec. Rental
SubUrban Residential:
Inst. Res.
Hotel
Rec. Rental
Destination Resort:
Hotel
RV:
Rec. Rental
Hotel
Mixed Use:
Hotel
Inst. Res.
Rec. Rental
Inst.
Sparsely Settled:
Campgrounds
Offshore Island:
Campgrounds
Maritime Industries:
Hotel
Military Facilities:
Inst. Res.
Park and Refuge
15 . 0 *
15.0
15 . 0 *
24.0
24.0
15.0*
lO.O
20.0
0.2
0.2
0.2
0.2
5.0
7.0
0.2
15.0
5.0*
lO .0*
20.0
20.0
10 . 0 *
o
o
o
3.0
5.0
5.0*
6.0
20.0
10 . 0 *
0.5
0.5
0.5
15.0***
30.0***
0.2
l5.0
15.0
15.0
5.0
10 .0*
5.0
l5 . 0 *
15.0
20.0
20.0
lO . 0 *
20.0
0.2
0.2
0.2
0.2
5.0**
15.0**
0.8
2.0**
lO.O**
0.95
15.0
20.0
o
10.0
5.0
20.0
20.0
0.2
0.9
*Recreational vehicle or campground spaces per acre.
**Campground spaces per acre.
***In the event a resort hotel is converted to permanent
residential units, e.g. a condominium, the hotel rooms
may be converted to the maximum net density as provided
in Section 9.5-262, and would be subject to any addi-
tional impact fees due as a consequence of increased
intensity and resulting impacts on public services and
facilities."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval as amended to allow 10.0 rooms/
acre allocated density and 25.0 rooms/buildable acre maximum
00
010
net density and to strike the word "resort" in the footnote
to the table, but also to amend to remove all references to
condominium conversions. Roll call vote was unanimous.
PD 106 Amending Section 9.5-267, Monroe County Code,
in order to provide for the inclusion of the Urban Mobile
Home-Limited Land Use District, allocated density, maximum
net density, and open space ratio requirements.
Motion was made by Commisisoner Harvey and seconded
by Commissioner Jones to postpone to March 1st. Roll call
vote was unanimous.
PD 107 Amending Section 9.5-268, Monroe County Code,
in order to provide for clarification that an existing resi-
dential dwelling excluding any mobile home in Urban Mobile
Home-Limited Land Use Districts, may be reconstructed on the
original site following its destruction regardless of den-
sity restrictions of Section 9.5-262 and 9.5-2631 TO READ AS
FOLLOWS:
"Existing Residential Dwellings. Not-
withstanding the provisions of sections
9.5-262 and 9.5-263, the owners of land
upon which a dwelling unit or mobile home
used as a principal residence prior to the
effective date of the plan was lawful on
the effective date of this chapter shall
be entitled to a density allocation of one
(I) dwelling unit for each such unit in
existence on the effective date of this
chapter. Such entitlement shall allow
the owner of said property and holder of
the allocated unit to reconstruct said
residential unit on the site from whence
it came should such unit be destroyed.
In no case shall the owner of a lot in the
URM-L district be allowed to reconstruct
should that residential dwelling unit be
destroyed or need replacement."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the recommendation of the
Planning Commission for approval as amended to delete the
last two sentences above and insert the following in lieu
thereof:
" Such entitlement shall allow the
owner of the property and holder of the
allocated unit to reconstruct the unit on
the site from whence it came should the
unit be destroyed. In no case shall the
owner of a lot in the URM-L district be
allowed to reconstruct should that
detached dwelling unit be destroyed or
need replacement."
and to insert the word "detached" before the word "dwelling"
in the fourth line above. Roll call vote was unanimous.
PD l08 Amending Section 9.5-269, Monroe County Code,
in order to provide for maximum floor area ratios for low
and moderate-intensity commercial retail use in the Improved
Subdivision Land Use District1 to read as follows:
00 0 1 1
"Land Use District and Use
URBAN COMMERCIAL
Commercial Retail
Low Intensity
Medium Intensity
High Intensity
Offices
Commercial Recreation
Institutional
Outdoor Recreational
Public Buildings and Uses
URBAN RESIDENTIAL
Institutional
Public Buildings or Uses
URBAN RESIDENTIAL-MOBILE HOME
Commercial Retail
Low Intensity
Medium Intensity
Offices
SUBURBAN COMMERCIAL
Commercial Retail
Low Intensity
Medium Intensity
High Intensity
Offices
Commercial Recreational
Institutional
Outdoor Recreational
Public Buildings and Uses
Light Industrial
SUBURBAN RESIDENTIAL
Commercial Retail
Low Intensity
Medium Intensity
Offices
Public Buildings and Uses
Institutional
SPARSELY SETTLED
Public Buildings and Uses
NATIVE AREA
Public Buildings and Uses
MAINLAND NATIVE AREA
Educational and Research
Centers
IMPROVED SUBDIVISION
Commercial Retail
Low Intensity
Medium Intensity
Offices
DESTINATION RESORT
Commercial Retail
RECREATIONAL VEHICLE
Commercial Retail
COMMERCIAL FISHING AREA
Commercial Fishing
Light Industrial
Commercial Retail, Low
and Medium Intensity
COMMERCIAL FISHING VILLAGE
Commercial Fishing
COMMERCIAL FISHING SPECIAL
DISTRICT (ALL)
Commercial Retail
Low Intensity
Medium Intensity
Commercial Fishing
Light Industrial
Maximum Floor
Area Ratio
O.S.R. (1)
0.45
0.40
0.35
0.45
0.15
0.40
0.l5
0.35
0.30
0.30
(3)
(3 )
(3)
0.35
0.25
0.15
0.40
0.10
0.30
0.10
0.30
0.30
(3)
(3)
(3)
0.25
0.25
0.20
0.20
(3)
0.6
(3 )
(3)
(3)
(3)
NG
NG
NG
0.2
(3)
0.50
0.40
NG
0.2
0.2
0.40
0.40
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.5
0.5
0.5
0.5
0.6
J
00
012
INDUSTRIAL
Light Industrial
Heavy Industrial
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
MIXED USES
Commercial Retail
Low Intensity
Medium Intensity
High Intensity
Offices
Outdoor Recreation
Commercial Recreation
Commercial Fishing
Institutional
Public Buildings and Uses
Light Industrial
MARITIME INDUSTRIES
Commercial Retail
Low Intensity
Medium Intensity
Offices
Public Buildings and Uses
Commercial Fishing
Light Industrial
Heavy Industrial
MILITARY FACILITIES
Military Uses
Commercial Retail
Low Intensity
Medium Intensity
Offices
Public Buildings and Uses
AIRPORT
Airport Uses
PARKS AND REFUGE
Public Buildings and Uses
0.40
0.25
0.50
0.30
0.40
0.40
0.0
0.0
0.0
0.0
0.0
0.0
0.35
0.25
0.15
0.40
0.10
0.10
0.40
0.30
0.30
0.30
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.35
0.30
0.40
0.50
0.60
0.45
0.35
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.50
0.35
0.30
0.40
0.30
0.2
0.2
0.2
0.2
0.2
0.10
0.20
NG
0.9
1. See additional open space ratio on Chapter 9, Division
81 in accordance with Section9.5-3(a), the most restrictive
of these ratio applies.
2. NG = None Given.
3. Where commercial uses are allowed as permitted uses,
and no FAR Ratio is given, the maximum area per lot stated
in Division 2, permitted uses shall prevail."
Motion was made by Commissioner Stormont and seconded by
Vice Chairman Lytton to accept the Planning Commission's
recommendation for approval as amended to include a 0.25
O.S.R. for offices in the Improved Subdivision District and
also to amend the chart by adding an identifying "(2)" after
the initials "NG" wherever they appear above. Roll call
vote was unanimous.
PD III Amending Section 9.5-281, Monroe County Code,
in order to provide for minimum yard dimensions for Urban
Residential: Detached, Urban Residential Mobile Home:Detached
Homes, Mobile Homes and Urban Residential Mobile
Home-Limited Land Use Districts1 TO READ AS FOLLOWS:
"Section 9.5-28l
MINIMUM YARDS
Table remains as in Ordinance,
except for changes below:
00
013
LAND USE DISTRICT FRONT YARD SIDE YARD REAR YARD
LAND USE ( FT. ) ( FT. ) (FT. )
Urban Commercial IS 10/l5 10
Urban Residential
Attached Residential IS 10/15 10
Detached Residential 15 10/15 10
Urban Residential-Mobile Home
Detached Residential 10 10/20 10
Mobile Homes 10 10/20 10
Urban Residential-Mobile Home
Limited lO lO/20 20
Suburban Commercial
Hotel 25 10/l5 10
Other 25 10/15 lO
Suburban Residential and
Suburban Residential
Limited
Detached Residential 25 10/15 10
Attached Residential
Other 25 10/l5 10
Sparsely Settled
Detached Residential 25 10/l5 IS
Attached Residential 25 N/A IS
Other 25 10/15 lO
Offshore 25 10/15 20
Native 25 lO/l5 20
Mainland Native 25 lO/15 20
Improved Subdivisions 25 lO/15 20
Destination Resort 50 20/35 30
Commercial Fishing (all districts)
Detached Residential 25 lO/l5 20
Attached Residential 25 20
Other 25 10/15 20
Mixed Use
Detached Residential 25 lO/l5 20
Attached Residential 25 N/A 20
Other IS 10/l5 10
Light Industrial 25 lO/15 25
Maritime Industry 25 lO/15 25
Military Area 10 5/20 20
Airport 200 200 200
Park and Refuge 50 50 50 "
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval but also to amend as follows:
Insert an asterisk (*) prior to all numbers in the Urban
Residential-Mobile Home and Urban Residential Mobile Home-
Limited sections above and also to insert the following at
the end of the above chart: "*For new construction only."
Roll call vote was unanimous.
PD lllA Amending Section 9.5-282, Monroe County Code,
in order to provide for the deletion of the entire Section
9.5-282 Minimum Dimensions.
This proposed amendment was withdrawn by Al Fried.
PD 112 Amending Section 9.5-283, Monroe County Code,
in order to provide for modification of the maximum height
allowed for roof designs to 44 feet1 TO READ AS FOLLOWS:
"No structure or building shall be
developed that exceeds a maximum
height of forty-four (44) feet."
00
014
The following persons addressed the Board: Al Fried, Maria
Abadal, and Webb Goky (President of the Duck Keys Property
Owners Association). Motion was made by Commissioner stor-
mont and seconded by Commissioner Jones to amend Section
9.5-283 as follows:
"No structure or building shall be
developed that exceeds a maximum height
of thirty-five (35) feet. Notwithstanding
the provisions of this section, any hotel
or affordable housing unit may be developed
to a height of three stories over parking
or a maximum of 44 feet, whichever is
lower, measured from grade level, if
constructed to meet wind load resistances
of 150 m.p.h. and a binding commitment is
signed that such facilities will be used
as official hurricane shelters in
accordance with specifications of the
Monroe County Department of Civil Defense.
Affordable housing structures exceeding
thirty-five (35) feet in height must be
allocated proportionally to low and
moderate income households according to
identified demand. For the purposes of
this section, height shall mean that
vertical distance measured five (5) feet
from any exterior wall at any natural
grade of the building proposed to the
average of the highest roof of the build-
ing proposed."
Roll call vote was unanimous. The Board then considered the
following amendment as a result of the preceding action:
"9.5-4(H-3) Height means the vertical
distance between the average natural
grade measure five (5) feet from any
exterior wall of the structure and the
average of the highest roof of the
structure, including mechanical
equipment, but excluding chimneys,
spires, and steeples on structures
utilized for institutional and public
uses only, radio or television antennae,
flagpoles, solar apparatus, and utility
poles."
Motion was made by Vice Chairman Lytton and seconded by
Commissioner Jones to approve Staff's recommendation for
9.5-4(H-3) above. Roll call vote was unanimous.
BULK APPROVAL
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to adopt the following items by una-
nimous consent:
PD 97A Amending Section 9.5-263, Monroe County Code,
in order to provide for an entitlement of density equiva-
lents to be given to landowners in the IS and CFVD Districts
where the lots are not developable due to environmental con-
cernS1 TO READ AS FOLLOWS:
00
015
New paragraph to Section 9.5-263 -
"Notwithstanding any other section of
this chapter including Sections
9.5-263(a)-(d), each owner of a lot in
an Improved Subdivision district or
Commercial Fishing Village district shall
be entitled to a density equivalent to
one single-family dwelling per lot
regardless of the fact that other sections
of the chapter may prevent the utilization
of such on the lot to which it is assigned.
To be eligible for such density credit, the
land must have been zoned by act of the
Monroe County Commissioners not later than
~~e-~-~3!, l'ee.-
Accept recommendation of Staff to approve with
Alternative to change density equivalent of proposed
language to "transferable development right1" modify to
exclude wetland lots and make the amendment contingent upon
identifying improved subdivisiions eligible for relief under
this proposed amendment.
PD 100 Amending Section 9.5-265, Monroe County Code,
in order to provide for restructuring the transferable deve-
lopment rights system to include communities outside Monroe
County 1 TO READ AS FOLLOWS
No wording proposed.
denial.
Accept Planning Commission's recommendation for
PD 103B Amending Section 9.5-267, Monroe County Code,
in order to provide for a bonus of one hotel/motel unit
beyond the maximum net density for each two (2) employee
housing units built on site1 TO READ AS FOLLOWS:
Addition of a footnote to read:
"For each two (2) employee housing units
built on site, the property owner shall
be eligible for one additional hotel/motel
unit beyond the maximum net density."
denial.
Accept Planning Commission's recommendation for
PD 104A Amending Section 9.5-267, Monroe County Code,
in order to provide for the reduction of residential and
district open space, hotel-motel, recreational vehicle and
institutional residential densities to those allowed by Land
Use Regulations in effect on September 14, 1986 (prior to
the adoption of the current Regulations) 1 TO READ AS
FOLLOWS:
"Any density which exceeds the previous
plan's provisions should be reduced to
the previous plan's requirement until
and unless scientific and economic
studies are available."
denial.
Accept Planning Commission's recommendation for
00
016
PD 110 Amendinq Section 9.5-269, Monroe County Code,
in order to provide for repeal of th1s sect10n of the Code.
denial.
Accept Planning Commisson's recommendation for
PD ll7 Amendinr Section 9.5-292, Monroe County Code,
in order to prov de for modification of roadway level of
service from Annual Average to Annual Average Daily Traffic
(AADT) and require roadways to meet minimum standards1 TO
READ AS FOLLOWS:
"Adequate facilities and allocation of
development rights.
(a) Adequate Facilities. After
February 28, 1988, all development or
land shall be served by adequate public
facilities in accordance with the
fOllowing standards:
(I) Roads:
a. U.S. I and County Road 905 within
three (3) miles of a parcel proposed for
development shall have sufficient
available capacity to operate at level
of service D as measured on an annual
average daily traffic (AADT) basis at
all intersections and/or roadway
segments 1
b. All secondary roads to which traffic
entering or leaving the development or
use will have direct access shall have
sufficient available capacity to operate
at level of service D as measured on an
annual average daily traffic (AADT).
c. All bridges along U.s. 1 within 6
miles of the parcel proposed for
development shall have sufficient
available capacity to operate at level
of service D as measured on an annual
average daily traffic (AADT) basis."
Accept Planning Commission's recommendation for
approval.
PD 119 Amending Section 9.5-292(b)(4), Monroe County Code,
in order to provide for a change in the date for submission
of the annual service capacity report from February to
March 1 TO READ AS FOLLOWS:
"(4) Ratification of the annual service
capacity report: No later than March I,
of each year, the board of county
commissioners shall consider and approve
or approve with modifications the annual
assessment of public facilities capacity.
In the event the board acts to increase
the development capacity of any service
area, the board shall make specific
findings of fact as to the reasons for the
increase, including the source of funds to
be used to pay for the additional capacity
required to serve additional development
to be permitted during the next twelve
(12)-month period."
I
00
017
Accept Planning Commission's recommendation for
approval.
PD l21B Amending Section 9.5-270, Monroe County Code,
in order to provide for the requirement that all new marinas
provide for twenty-five (25) percent of all slips to be
allocated for use of live-aboards1 TO READ AS FOLLOWS:
"9.5-270. Live-aboards in new marinas.
All new marinas, excluding expansion or
redevelopment of existing marinas, shall
allocate twenty-five (25) percent of all
slips to the use of live-aboards as a
requirement of development approval."
Accept Planning Commission's recommendation for
denial.
PD 124 Amending Section 9.5-343, Monroe County Code,
in order to provide to allow for a five percent reduction in
open spare required for spoil islands 1 TO READ AS FOLLOWS:
"Sec. 9.5-343. Open space requirements.
No land shall be developed, used or
occupied such that the amount of open
space on the parcel proposed for
development is less than the following
ratios, nor shall open space be cleared
or otherwise disturbed, including ground
cover, understory, midstory and canopy
vegetation. All such required areas
shall be maintained in their natural
condition. The amount of open space
required on any parcel for development
shall be determined according to each
land type, and no development activity
within any individual land type shall
exceed the open space ratio for that
land type.
Land Type on Existing
Conditions Map
Open Space
Ratio
Open waters
Mangrove and freshwater wetlands
Salt marsh and buttonwood associations
High hammock (high-quality)
High hammock (moderate-quality)
High hammock (low-quality)
Low hammock (high-quality)
Low hammock (moderate-quality)
Low hammock (low-quality)
Palm hammock
Cactus hammock
Pinelands (high-quality)
Pinelands (low-quality)
Beach berm
Disturbed
Disturbed with hammock
Disturbed with salt marsh and buttonwood
Disturbed beach/berm
Disturbed with exotics
Disturbed with slash pines
Off-shore islands
(Ord. No. 33-l986, S9-809)"
1.00
1.00
0.85
0.80
0.60
0.4
0.80
0.60
0.4
0.90
0.90
0.80
0.60
0.90
0.2
0.2
0.2
0.2
0.2
0.2
0.85
00
018
denial.
Accept Planning Commission's recommendation for
PD 126 Amending Section 9.5-344, Monroe County Code,
in order to provide for repeal of this section setting out
the requirements of a transplantation plan.
denial.
Accept Planning Commission's recommendation for
PD 130 Amending Section 9.5-35l(c), Monroe County Code,
in order to provide for modification of off-street parking
requirements for marina wet and dry slips, live-aboards,
charter/guide boats, and party boats1 TO READ AS FOLLOWS:
"(c) Required Number of Off-Street
Parking Spaces: The following
parking spaces shall be provided
for each use:
Single-family. . . . . . . . . . . . . . . . . . . . . . . . .
Mu 1 t i - f ami 1 y . . . . . . . . . . . . . . . . . . . . . . . . . .
Open-air sales, per 1,500 square feet
of land..........................
Hotels, per room......................
Office, per 1,000 gfa.................
Commercial retail (high-, medium-
and low-intensity) unless
otherwise specified, per
1 ,000 gf a. . . . . . . . . . . . . . . . . . . . . . . .
Industrial, per 1,000 gfa.............
Restaurant (sit-down), per 1,000 gfa..
Restaurant (drive-in/fast food),
per 1,000 gfa....................
Bars, lounges, bottle clubs, per
1 ,000 gf a. . . . . . . . . . . . . . . . . . . . . . . .
Convenience retail, per 1,000 gfa.....
Destination resorts (per room)........
Church, per seat......................
Theater, per seat.....................
Mobile home parks, per pad............
RV parks, per pad.....................
Hospitals, per bed....................
Marinas, independent
Wet slip.........................
Dry s 1 i p. . . . . . . . . . . . . . . . . . . . . . . . .
Li ve-aboard . . . . . . . . . . . . . . . . . . . . . .
Live-aboard, more than one.......
Charter/guide boat, less than
six passenger capacity......
Party boat, more than five
passenger capacity, per
person. . . . . . . . . . . . . . . . . . . . . .
Marinas (commercial fishing) for
each berth.......................
Plus, per 4 dry storage racks....
Boat ramps, per ramp..................
(d) Number of Spaces for the Handicapped:
Except for single-family dwellings,
the number of spaces required under
the provisions of subsection (c)
above shall include provisions for
the handicapped, as follows:"
2.0
1.5
1.0
1.0
3.0
3.0
2.5
15.0
17.5
10.0
7.0
1.0
0.3
0.3
1.0
1.0
1.2
0.67
0.25
2.0
1.5
4.0
1.0
1.0
1.0
1.0
Accept Planning Commission's recommendation for
approval.
00
019
PD l31 Amending Section 9.5-238, Monroe County Code,
in order to provide for inclusion of bufferyard standards
for Urban Commercial, Urban Residential, Urban Residential
Mobile Home, Urban Residential Mobile Home-Limited, and
Suburban Commercial Land Use Districts1 TO READ AS FOLLOWS:
See EXHIBIT C attached hereto
and made a part hereof.
Accept Planning Commission's recommendation for
approval.
PD 135 Amending Section 9.5-409(c)(I)k, Monroe County Code,
in order to provide for correction of error in permitting
requirements for political si9ns1 TO READ AS FOLLOWS:
"Political/campaign signs not exceeding
four (4) square feet in area. For signs
four feet or larger, refer to paragraph
(2) of this subsection (c)."
Accept Planning Commission's recommendation for
approval.
PD 135A Amending Section 9.5-403(c)(2)g, Monroe County Code,
in order to provide for correction of error in permitting
requirements for political si9ns1 TO READ AS FOLLOWS:
"g Political/campaign signs not exceed-
ing twelve (12) square feet in area1 see
section 9.5-404(a)(4) also."
Accept Planning Commission's recommendation for
approval.
PD 136 Amending Section 9.5-309, Monroe County Code,
in order to provide for repeal of this section regulating
temporary signs.
Accept Planning Commission's recommendation for
denial.
PD 137 Amending Section 9.5-421, Monroe County Code,
in order to provide for new access standards via a complete
replacement of Section 9.5-42l and 9.5-422 which allows for
coordinated development review among the developer, the
County and the Florida Department of Transportation 1 TO READ
AS FOLLOWS:
"Purpose.
This division establishes the access
standards on State, County, and private
roads in order to assure access to all
parcels, safe traffic flows, maintenance
of roadway capacity and travel speeds,
and coordinates development review among
the developer, the County, and the Florida
Department of Transportation (FDOT)."
Accept Planning Commission's recommendation for
approval.
00
020
PD l37A Amending Section 9.5-422, Monroe County Code,
in order to provide for FDOT approval of access connection
to u.s. 1, reasonable access between adjacent properties
abutting u.s. 1 to avoid use of u.s. 1, designated areas
where u.s. 1 access will be closed if a frontage road
becomes available, and a minimum separation of 275 feet bet-
ween accesses in designated areas along u.s. l1 TO READ AS
FOLLOWS:
"Sec. 9.5-422. Access connections to u.S. I.
No structure or land shall be developed,
used, or occupied with direct access to
u.S. 1 unless the access connection is
approved by the Florida Department of
Transportation and adequate access is not
available from side streets, parallel
streets, or frontage roads. In addition,
the following requirements shall be met:
(a) Future frontage road areas - Any
connection to u.S. I in the areas
shown on the table below shall be
permitted only if the property owner
agrees to close the connection once
a frontage road is constructed1
(b) Limited access areas - Any connection
to u.s. 1 in the areas shown on the
table below shall be permitted only
if separated by a minimum of 275 feet
from any other connection to u.s. 11
(c) Access from adjacent parcels - Where
reasonable, development along u.S. 1
shall provide for vehicle and pedestrian
access to adjacent properties abutting
u.s. I without requiring the use of
u.s. 1.
(d) No development shall be permitted that
has a connection to u.S. I that is
located within two hundred fifty (250)
feet of a U.S. 1 bridge abutment.
LOCATION
Big Coppitt, Bayside
Big Coppitt, Oceanside
Bay Point
Lower Sugarloaf Key, Both Sides
Upper Sugar loaf Key, Both Sides
Cudjoe, Both Sides
Summerland, Bayside
Ramrod, Both Sides
Little Torch, Both Sides
Big Pine, Both Sides
West of Ships Way
Big Pine, South of
Knowles Boulevard
Area Between Coco Plum
Boulevard and MM 57
Grassy Key, Bayside
Grassy Key, MM 59.1 to
Eas tEnd
Long Key, East of Layton
Long Key, West of Layton
Lower Matecumbe, Bayside
Lower Matecumbe, Oceanside
West of Lot 6l,
Matecumbe Harbor
FRONTAGE
ROAD AREA
LIMITED ACCESS
AREA
x
x
x
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
00
021
Lower Matecumbe, Oceanside
West of Columbus Drive
Windley Key, Both Sides
Plantation, East of Bay
Ridge Road
Key Largo, Burton Drive
to Bayview
Key Largo, Peter Pan
Parkway to Ocean Drive
x
X
X
X
X"
Accept Planning Commission's recommendation for
approval as amended:
"Sec. 9.5-422. Access connections to u.s. 1.
No structure or land shall be developed,
used, or occupied with direct access to
u.s. 1 unless the access connection is
approved by the Florida Department of
Transportation and adequate access as
determined by the Planning Director after
consultation with the FDOT(I) is not
available from side streets, parallel
streets, or frontage roads. In addition,
the following requirements shall be met:
(a) Limited access areas - Any connection
to u.s. 1 in the areas shown on the
table below shall be separated by a
minimum of 275 feet from any other
connection to u.s. 1 as determined by
the Planning Director, and any parcel
proposed for development shall have
the minimum number of connections
necessary to provide access, maintain
safe traffic flows, and maintain the
highway capacitY1 (2)
(b) Access from adjacent parcels - Where
reasonable as determined by the
Planning Director, development along
u.S. 1 shall provide for vehicle and
pedestrian access to adjacent
properties abutting u.s. 1 without
requiring the use of u.s. I.
(c) No development shall be permitted that
would propose a connection to u.s. 1
that is located within two hundred fifty
(250) feet of a u.s. 1 bridge structure
( 3 ) .
FOOTNOTES
(1) The FDOT planning staff felt it would
be necessary to define "adequate access".
This change in the proposed text reiterates
that it is the Planning Director's duty to
render interpretations of the regulations
(Section 9.5-24(h)1 however, in this case,
it would be the responsibility of the
Planning Director to consult with FDOT,
since all connections must be approved by
the FDOT.
(2) The FDOT planning staff and district
maintenance engineer felt the 275 foot
requirement would be as difficult to
administer as the current 400 foot required
separation of curb cuts. However, the
special access areas where the 275 foot
separation would apply are areas with little
development, have adequate access from side
00
022
roads, and may be large parcels. In addition,
the 275 foot separation is the recommended
minimum separation of driveways on highways
with a speed limit of 50 mph according to
the FDOT Driveway Manual. Therefore, the
planning staff recommends the County adopt
a separation standard that recognizes the
different sections of u.s. 1 and maintains
the areas with limited access. Nevertheless,
this paragraph has been changed to allow
flexibility.
(3) The FDOT district maintenance engineer
suggested these changes.
LOCATION
Big Coppitt, Bayside
Big Coppitt, Oceanside
Bay Point
Lower Sugarloaf Key, Both
Upper Sugarloaf Key, Both
Cudjoe, Both Sides
Summerland, Bayside
Ramrod, Both Sides
Little Torch, Both Sides
Big Pine, Both Sides
West of Ships Way
Big Pine, South of
Knowles Boulevard
Area Between Coco Plum
Boulevard and MM 57
Grassy Key, Bayside
Grassy key, MM 59.1 to
Eas tEnd
Long Key, East of Layton
Long Key, West of Layton
Lower Matecumbe, Bayside
Lower Matecumbe, Oceanside
West of Lot 61,
Matecumbe Harbor
Lower Matecumbe, Oceanside
West of Columbus Drive
Windley Key, Both Sides
Plantation, East of Bay
Ridge Road
Key Largo, Burton Drive
to Bayview
Key Largo, Peter Pan
Parkway to Ocean Drive
LIMITED ACCESS
AREA
X
Sides X
Sides X
X
X
X
X
X
X
X
X
X
X
X
X
X
X"
PD 137C Amending Section 9.5-424, Monroe County Code,
in order to provide for a temporary access permit until a
conforming connection is feasible1 TO READ AS FOLLOWS:
"Sec. 9.5-24. Temporary Access.
No applicant shall be denied development
approval for the sole reason that the lot
cannot meet the requirements of Section
9.5-422 or 9.5-423. To provide access,
the director of planning shall issue a
temporary access permit provided that the
landowner's site plan provides for the
eventual conforming connection and that
the owners agree, with suitable legal
documents, to close the temporary access
when the conforming connection is feasible."
00
023
Accept Planning Commission's recommendation for
ap~roval as amended as follows:
"Sec. 9.5-424 Temporary Access.
No applicant shall be denied development
approval for the sole reason that the lot
cannot meet the requirements of section
9.5-422 or 9.5-423. To provide access,
the direct of planning shall issue a
temporary access permit provided that the
FDOT has approved the connection and (10)
the landowner's site plan provides for the
eventual conforming connection and that
the owners agree, with suitable legal
documents, to close the temporary access
when the conforming connection is feasible.
FOOTNOTES
(10) The FDOT Planning Staff and District
Maintenance Engineer suggested that the
regulations clearly state that the temporary
access permit must still be approved by the
FDOT and not solely by the County's Planning
Director."
PD 138 Amending Section 9.5-426, Monroe County Code,
in order to provide for a requirement that Monroe County
bear one-half of the cost of traffic studies provided for in
~nfQ RP~tiQn: TO READ AS FOLLOWS:
"(c) The cost of such traffic studies
required by this section shall be shared,
half by Monroe County and half by the
applicant for development approval."
Accept Planning Commission's recommendation for
denial.
PD 139 Amending Section 9.5-473.1, Monroe County Code,
in order to provide for deletion of the requirement that an
Area of Critical County Concern (ACCC) may be repealed only
after the identified deficiencies have been eliminated, and
add a new paragraph calling for a biannual review of an ACCC
designation and vote of the Board of County Commissioners to
continue the ACCC designation1 TO READ AS FOLLOWS:
"Sec. 9.5-473.1. Threshold designations.
When the planning department's annual
report, prepared pursuant to section
9.5-292(b) identifies areas with specific
service deficiencies, these areas shall be
designated as areas of critical county
concern (ACCC) in accordance with section
9.5-473. As part of this designation, the
planning department shall formulate a work
program and management policies for each
designation. Threshold designation areas
must meet all requirements of this article.
While the designation of an area of
critical county concern as a result of
threshold designation does not prohibit
development permitting, such designation
is intended to focus planning efforts on
areas with marginally adequate public
facilities and to ensure that development
00
024
a~provals are conditio~ed ~o as to minimize
the potential of reach1ng 1nadequate
facilities levels of service which would
preclude further development.
Areas of Monroe County which meet the
following criteria in the annual report
shall be designated ACCC:
(a) Areas within twenty-five miles of a
solid waste site with a minimum ex-
pected life capacity of less than
five (5) years 1
(b) Areas within three (3) miles of any
section of U.S. 1, State Road 905 or
any secondary road which is operating '-"
at level of service D on a peak hour
basis.
Additional thresholds for designations may
be proposed by the planning director.
Any area of critical county concern shall
be reviewed at least each two-year period
from the anniversary of the adoption of said
designation by the board of county
commissioners. At that hearing, based upon
reconuuendations by the planning department,
develcpment review committee, and the
planning commission, a continued designation
as ar- area of critical county concern shall
be reauthorized by a vote of the board of
county commissioners."
~ccept Planning Commission's recommendation for
approval.
PD 140 Amending Section 9.5-473.1 and 9.5-474, Monroe
County Code, in order to provide for the deletion of the
requirements of the Area of Critical County Concern in the
case of natural disaster1 TO READ AS FOLLOWS:
No wording provided.
~enial.
Accept Planning Commission's recommendation for
~otion carried unanimously.
Motion was made by Vice Chairman Lytton and
~econded by Commissioner Jones to continue to March 2nd all
~nfinished business originally scheduled for this meeting.
~oll call vote was unanimous.
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File No. 0102
Section 9.5-265 shall be substantially reworded to read as follows:
Section 9.5-265.
Transferable Development Rights.
A. General All residential and hotel-motel development rights (TORs) allocated or
established in Sections 9.5-262, 9.5-267 shall be transferable in whole or in part
from one parcel of land to any other, including the transfer of residential rights to
hotel rooms, provided that:
1. The development of the receiver site is approved as part of a conditional
use permit;
2. The development of the receiver site does not exceed the maximum net
densities set out in Section 9.5-262, 9.5-263, and 9.5-267, except when
density is transferred from the Big Pine Key, North Key Largo, Ohio Key,
and Holiday Isles Areas of County Critical Concern to areas outside their
boundaries, a density bonus at the ration of two (2) density rights for
each one (1) density right transferred shall be given; and maximum net
density of individual parcels, only within the above named Areas of County
Critical Concern may be exceeded by the use of TOR's by a factor of 50%,
when it is to demonstrated to the satisfaction of the planning director,
that:
a. The transfer parcel contains at least 50% of one or more of the
habitat listed as (1) through (6) of section 9.5-345 of this section;
b. The receiver site complies with restrictions set forth in subsection
A.(5) of this section;
c. The net maximum net density of the ACCC as a whole is not exceeded;
3.
d. The receiver site has a sensitivity as shown in Section 9.5-345(a),
"Clustering," which is less than the sensitivity of the parcel from
which the TOR is severed;
d
If the receiver site is located in an IS or IS-M District , no more than
one dwelling unit shall be developed on a platted lot;
If the receiver site is located in an IS-D District, no more than two
dwelling units shall be developed on a platted lot;
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4.
5. The allocated density of the receiver site is greater than or equal to the
allocated density of the parcel from which the TOR is severed;
6. Upon recommendation of the planning director and public hearing by the
Monroe County Planning Commission, the Monroe Board of County Commissioners
may assign the responsibilities for carrying out Section 9.5-265(B)(1),(2),
and (3) to the Monroe County Land Authority, provided that specific lawful
procedures are developed and adopted by the board which meet the following
objectives:
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File No. 0102
a. to allow the land authority to act as a broker/agent for banking
TDR's for sale or other legal transfer, and/or
b. to allow the land authority to act as a registrar for all TDR's in
the county, retaining diverse information as to availability of
TDR's.
B. Procedure. All transfers of development right shall occur according to the
following:
1. An affidavit shall be obtained from the Planning Director stating the
number of transferable development rights available from the proposed
transferor parcel. The affidavit shall be recorded in the transferor
parcel's chain of title prior to the transfer of any development rights.
The affidavit shall contain at a minimum the following information:
a. The legal description and parcel number of the transferor parcel;
b. Name and address of the legal owner of record;
c. The date of acquisition by the owner; a copy of the affidavit shall be
provided to the Monroe County Property Appraiser's office at the time
of issuance.
2. All transfers of development rights shall be in the form of a quit-claim
deed. No building permit may be issued on the basis of a transferred
development right until the quit-claim deed has been recorded. In the
event the owner of a transferor parcel has quit-claimed the same
development right to more than one innocent purchaser for value, then a
building permit based on such transferred development right may only be
issued to the innocent purchaser for value whose quit-claim deed bears the
earliest date of recordation in the Monroe County Clerk of the Court's
office.
3.
The quit-claim deed shall contain in addition to other information required
by state and local law, the following minimum information:
a. 1rhe legal description and parcel number of the transferor site;
b. lfhe legal description and parcel number of the receiver site; and
c. lCfie actual consideration paid to and received by the seller of the
transferred development right~ ~ copy of the quit-claim deed shall be
provided to the Monroe County Property Aprraiser's office at the time
of recording of the quit-claim deed at th~~~o~bty Clerk~ office.
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The county shall as soon as possible after the effective date of this
section enter into an inter-local agreement with the Monroe County Clerk of
the Court's office for the timely notification to the planning director and
the Monroe County Property Appraiser's office of all transferred
development right quit-claim deed recordations. The planning director is
also authorized to maintain a parcel-by-parcel list showing which
properties have received transferred development rights and which
properties have transferred such rights.
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File No. 0102
Such list shall be for the administrative convenience of the planning
director only and, in the event of a conflict between such list and the
Monroe County Clerk of the Court's official records, the official records
shall always control.
4. Failure to record the transfer as provided herein shall render the transfer
invalid.
C. Effect of Transferred Development Ri~hts on Transferor Parcels.
1. Each transferred development right shall reduce all-not just residential or
hotel/camping uses-types of development rights available for the transferor
parcel by the percentage that the transferred development right represents
of the total development rights available to the parcel on the date of
transfer. The percentage shall not in any way be affected by any
subsequent land use district map change or any other development order
having the effect of increasing the transferor's land use intensity and
such percentage shall continue to serve to reduce the subsequent land use
intensity increase by such amount. No building permit shall, at any time
thereafter, be issued for such a transferor parcel which would permit
development on such parcel to exceed the development rights available after
the percentage reduction.
D. Bonuses. Subject to the standards in section 9.5-265, residential
development rights transferred from the Native Area district to lands located
within a Destination Resort, Recreational Vehicle district or to a Mixed Use
district shall be entitled to a bonus as follows:
1. Hotel rooms - 2 rooms per transferred unit.
9
Sponsor's Name
ORDINANCE NO.
-1988
PD103
AN ORDINANCE AMENDING SECTION 9.5-266, MONROE COUNTY
CODE IN ORDER TO PROVIDE FOR AWARDING A BONUS DENSITY
UNIT BEYOND TIlE PRESENT MAXIMUM N~T DENSITY FOR HOTEL-MOTEL
USES FOR EACH TWO EMPLOYEE HOUSING UNITS PROVIDED, AND
EXEMPT EMPLOYEE HOUSING FROM FLOOR AREA RATIOS APPLICABLE
TO HOTEL-MOTEL USES: PROVIDING FOR SEVERABILITY: PROVID-
ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH: PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1 .
Section 9.5-266
, Monroe County Code, is here-
by amended to read as follows:
"(a) Affordable Housing
(1) Notwithstanding the density limitation in Section 9.5-262 the owner of a
parcel of land shall be entitled to develop affordable housing as defined in section
9.5-4(A-3). Affordable housing units may be developed on parcels of land classified as
units per acre and on parcels of land classified as urban residential (UR) at an
suburban residential (SR) at an intensity up to a maximum net density of fifteen dwelling
intensity up to a maximum net density of twenty-five dwelling units per acre without
by these regulations.
regard to the transferable development rights (TDR) requirements which may be imposed
through 9.5-256 up to the maximum net density established for that district without
land use districts as set forth and provided in article VII division: sections 9.5-201
(2) Attached or detached affordable housing units may be developed in all other
by these regulations.
regard to the Transferable Development Rights (TDR) requirements which may be imposed
1,]) Jo~
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(3) Before any certificate of occupancy may be issued for any structure,
portion of phase of a project to this section, restrlctive covenants(s), limiting the
required number of dwelling units to households meeting the income criteria described in
section 9.5-266 running in favor of Monroe County and enforceable by the county, shall be
filed in the official records of Monroe County. The covenant(s) shall be effective for
fifteen (15) years but shall not commence running until a certificate of occupancy has
been issued by the building official for the dwelling unit or units to which the covenant
or covenants apply.
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section the owner must ensure that:
a The use of the dwelling is restricted to households that derive at
least seventy (70) percent of their household income from gainful employment in Monroe
County; and
b The parcel proposed for development is of sufficient area and
dimensions to meet the bulk regulations set out in division 4 of this article; and
c The parcel proposed for development is of sufficient area and
dimensions to meet the requirements of chapter 10D-6, Florida Administrative Code, for
the installation of an on-site wastewater treatment systemj and
d The parcel proposed for development is served by adequate facilities
in accordance with section 9.5-292; and
e The use of the dwelling is restricted for a period of at least fifteen
(15) years to households with an income no greater than one hundred twenty (120) percent
of the median household income for Monroe County; and
f Those dwelling units which are allocated above and beyond the number
of units allocated as a matter of right are allocated proportionately to low and
moderate-income households according to identified demand. For the purpose of thi~
policy, low-income households are those whose incomes are below eighty (80) percent of
the median household income of Monroe County; and moderate-income households are those
whose incomes are between eighty (80) percent and one hundred twenty (120) percent of
that median.
(b) Employee Housing
Any person undertaking the development of new apartment dwellings, hotels,
motels, or other structures to be devoted to commercial or office use, destination
resorts or structures devoted to industrial use in any district except suburban
residential-limited, mainland native, conservation, and improved subdivision shall
provide for employee housing in the manner set for the herein. Affordable housing
projects are exempt from this requirement.
(I) The owner of parcel of land shall be entitled to develop employee housing
as defined in section 9.5-4 or required by section 9.5-266 and this employee housing
shall not counted against the allocated and maximum net density limitations established
in section 9.5-267 provided all other requirements of article VII are met including but
not limited to permitted uses, bulk regulations, floodplain management, environmental,
landscaping, bufferyards, outdoor lighting, signage and access standards.
(2) The maximum net densities for these uses in these land use districts may
_.ily be achieved contingent upon the provision of employee housing at the ratio of 80
square feet of employee housing per 1,000 square feet of commercial, office, or
manufacturing projects that are 5,000 square feet or less in size, and 100 square feet
per 1,000 square feet in size, and 80 square feet of employee housing per 1,000 square
feet of hotel, motel and apartment dwelling projects equal to or smaller than 9,000
square feet in size, and 100 square feet of employee housing for projects larger than
9,000 square feet in size. The employee housing required by this subsection shall be
constructed upon the same site as the principal project, except as otherwise exempted.
The required employee housing also shall he the maximum employee housing density allowed.
(3) If the person developing a project subject to the requirements of this
section, elects to locate the required employee housing off the project site, then the
square footage of required employee housing shall be increased by 30%.
(4) If the person developing a project elects not to construct employee
housing, either on or off-site, then the permitted density or square footage available to
the project as determined by applicable portions of this chapter (sections 9.5-262,
9.5-267 and 9.5-269 of division 3) shall be reduced by the amount of employee dwelling
unit square footage otherwise required.
In the case of hotel projects where density is calculated on a rooms per acre basis
rather than a square footage basis, the rooms, per acre required to be subtracted by this
section shall be calculated at 1.25 rooms per 500 square feet of employee housing.
Additionally, a person developing a project subject to this section who chooses to
forego providing the required employee housing set forth herein shall, before the
issuance of any building permit, pay into the Affordable and Employee Housing Fair Share
Impact Fee Trust Fund an amount equivalent to $75 per square foot of foregone employee
housing. Destination resort projects shall not be eligible for the provisions of this
subsection and must provide the required employee housing.
(5) Before any certificate of occupancy may be issued for any structure,
portion or phase of the project subject to this section, except for those projects
proceeding under subsection 3, restrictive covenant(s) limiting the required number of
dwelling units to households meeting the income and origins of income criteria described
in employee housing, section 9.5-4, running in favor of, and enforceable by, Monroe
County, shall be recorded in the official records of Monroe County. The convenant(s)
shall be effective for fifteen (15) years but shall not commence running until a
certificate of occupancy has been issued by the building official for the dwelling unit
or units to which the covenant or covenants apply."
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Sponsor's Name
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ORDINANCE NO.
-1988
PD131
AN ORDINANCE AMENDING SECTION 9.5-377, MONROE COUNTY
CODE IN ORDER TO PROVIDE FOR INCLUSION OF BUFFERYARD
STANDARDS FOR URBAN COMMERCIAL, URBAN RESIDENTIAL, URBAN
RESIDENTIAL MOBILE HOME, URBAN RESIDENTIAL MOBILE HOME-LIM-
lTED, AND SUBURBAN COMMERCIAL /.,AND USE DISTRICTS; PROVID-
ING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVID-
ING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 9.5-377
, Monroe County Code, is hereby
amended to read as follows:
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DUlnct Adjoining District
UC UR URM W~"'-l. SC SR SS NA IS DR RV CFA CFV CFS MU I MI MF AI> PR
UC e e c D F B D B C G G G B
UR e B C Co C C E A B C D H H H C C D D
URM e e c c. B C B E C D D C C C C H D C
U~-L C C C. f) c. .. E. C 1> P Co Co. eo Co t+ P C.
SC C B B -o-C--S D B C G G G A B
SR D e C c. D C E A B D E H H H D D E E
SS F E B & F D D A D E E G G G D E F F
NA B A E e; B A A B C A A A B C C
MN B A E c;, B A A B C A A A B C C C
OS F E B ~ F D D A D E E G G G D E F F
IS D B e C- D B D e D E H H H D D E D
DR B C D 1> B D E B D B C H H H C C E D
RV e D D ~ C E E C E C C H H H B C E D
eFA G H e c. G H G A H H H B
CFV G Ii e C G H G A H Ii Ii B
CFS G Ii C Co G H G A Ii H H B
~U e e e- D D B D e B A B
I e H ~ A D E C D e e A A A A
~tl B D D 1> B E F e E E E B B B B
MF D e Co E F D D D B
AD B D D V B D D D D D D D D D B B B D
PR B B D
t> b I~ I
EXtHa 'T" C