03/01/1989 Special
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Public Hearing/Special Meeting
Board of County Commissioners
Wednesday, March 1, 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 Wilhelmina Harvey, Commissioner Douglas Jones,
Commissioner Eugene Lytton, Commissioner John Stormont, and
Mayor Michael Puto. Also present were Rosalie L. Connolly,
Deputy Clerk~ Garth Coller, Assistant County Attorney~
Donald Craig, Director - Growth Management Division~ members
of the County Planning Staff~ members of the Press and
Radio~ and the general public.
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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.
170, 171, 175, 176, 177
Robert vaughn, Robert Foley, Monty
Green, Karl Beckmeyer, William Horton
SR to
SC
Lots 1-21, Block 3, and Lots 1-19
Block 1, Plantation Beach,
Plantation Key, MM 88
Lots 8-10, Block 3, NW'ly 300 feet
of Lot 10, Block 3, Key Heights,
Section 1, Plantation Key, MM 89
Nicholas Mulick addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner Harvey to
approve SC with ACCC to remain in place for study. Motion
was made by Commissioner Stormont to amend to include the
reason per Section 9.5-422 to provide significant re-
development opporunities. The amendment was accepted by the
maker and seconder. Roll call vote on the motion as amended
was taken with the following results:
Agenda Item
Applicant:
Proposed Change:
n
Property Location:
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Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried.
PO 22 Amending Section 9.5-4(T-2), Monroe County Code,
in order to provide for a definition of Temporary Uses to
include those that are required in the construction phase of
the development and are uniquely seasonal in nature
including contractors' model homes, contractors' projectors
offices, project sales offices, sales of farm produce, tem-
porary emergency shelters, and carnivals, and tent meeting
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and commercial activities such as concerts and road site
furniture sales, flea markets and other uses of less than 14
days duration; TO READ AS FOLLOWS:
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"Temporary uses include uses that are
required in the construction phase of
development, are uniquely seasonal in
nature, including Christmas tree sales,
contractors' model homes, contractors'
project offices, project sales offices,
seasonal sales of farm produce, temporary
emergency shelters, carnivals and tent
meetings, and commercial activities such
as concerts, roadside furniture sales,
flea markets, of less than fourteen days
duration."
Dagny Johnson of the Upper Keys Citizens Association
addressed the Board. Motion was made by Commissioner Lytton
and seconded by Commissioner Stormont to approve as follows:
"Temporary Uses include those that are
required for a period certain in the
construction phase of development, are
uniquely seasonal in nature, including
other activities of a similar nature
such as Christmas tree sales, temporary
emergency shelters, concerts, carnivals
and tent meetings."
Motion carried unanimously.
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PD 34 Amending Section 9.5-46, Monroe County Code,
in order to provide for the restoration of the Four-Fifths
Rule requirement of the previous Land Development
Regulations in order to comply with the opinion of the
County Attorney that State law applies the Four-Fifths Rule
to zoning amendment changes; this amendment subjects the
new variance procedure to the same Four-Fifths Rule; TO
READ AS FOLLOWS:
"(6) In the event of written protests
against the development order signed by
the real property owners of twenty (20)
percent or more of the people required
to be noticed in Section 9.5-45(d) such
application shall not be approved except
by the favorable vote of four (4) com-
missioners."
Fred Tittle, Dagny Johnson, and Andy Tobin addressed the
Board. Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to accept the Planning Commission's
recommendation for approval but to amend to insert the words
"proposed major conditional use" before the word
"development" in the second line above. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
No
Yes
Motion carried. After discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Stormont to
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reconsider the previous motion. Motion carried unanimously
with Commissioner Harvey not present. Fred Tittle and Dagny
Johnson addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner stormont to
delete the word "favorable" and insert the word "concurring"
in lieu thereof; and also to insert the words "at least"
before the words "four (4) commissioners" and to add the
following at the end of the sentence: "of the full Board of
either Commission." Roll call vote was taken with the i
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
No
Yes
Motion carried.
PD 35
in order
sworn or
Hearing.
Amending Section 9.5-46(c), Monroe County Code,
to provide for the elimination of the reference
affirmed testimony in the proceedings at a Public
Fred Tittle addressed the Board. After lengthy discussion,
this proposed amendment was WITHDRAWN by the Planning
Director.
PD 36 Amending Section 9.5-55(c), Monroe County Code,
in order to provide for the clarification of the respon-
sibilities of the Development Review Coordinator to deter-
mine compliance of a project with all the requirements of
the County Code and the Building Official to determine the
compliance of the project with the Standard Building Code;
TO READ AS FOLLOWS:
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"(c) Action on the application: If the
development review coordinator determines
that the proposed development is in
compliance with all requirements of the
county code, and the building official
determines that it is in compliance with
the Standard Building Code and the appli-
cant for development approval has been
awarded a certificate of compliance, the
building official shall issue a building
permit with or without conditions."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PD 37 Amending Section 9.5-61, Monroe County Code,
in order to provide for conditional uses to be considered
variances from the uses as of right and therefore, subject
to Chapter 65-1942 Laws of Florida; TO READ AS FOLLOWS:
"(a) Conditional uses are those which are
generally compatible with the other land
uses permitted in a district, but which
require individual review of their loca-
tion, design and configuration and the
imposition of conditions in order to
ensure the appropriateness of the use at
a particular location.
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(b) Pursuant to subsection (a) above,
and to section 9.5-63, all conditional
uses are considered to be variances from
uses permitted as of right in any district,
and therefore subject to Chapter 65-1942,
Laws of Florida."
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Al Fried, Andy Tobin, Dagny Johnson and Maggie Fried
addressed the Board. Motion was made by Commissioner Lytton
and seconded by Commissioner Stormont to accept Planning
Department's recommendation for approval but to amend as
follows: in Subparagraph (b) above - add the word "major"
before the word "conditional"; delete the word "variances"
and replace with the words "variations (not to be
interpreted or considered under Section 9.5-523 dealing with
variances)". Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
Yes
No
Motion carried.
The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
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sent.
PD 38 Amending Section 9.5-63, Monroe County Code,
in order to provide for clarification that the application
for any conditional use is not assurance of approval and
clarification that the reviewing boards and commissions are
not required to grant application for major conditional
uses; TO READ AS FOLLOWS:
"Sec. 9.5-63 Authorized conditional uses.
Only those uses which are authorized in
Article VII, division 2, or those non-
conforming uses which are damaged or
destroyed, and are permitted to be re-
established in article V, may be approved
as conditional uses.
(a) The designation of a use in a land
use district as a conditional use does
not constitute an authorization or an
assurance that such use will be approved.
(b) Each proposed conditional use shall
be evaluated by the planning director and
the planning commission for compliance
with the standards and conditions set
forth in this division for each district.
(c) The planning commission is empowered,
within its review of conditional use
applications, to modify or to deny any
application which may not be appropriate
within any particular planning area in
the context of surrounding properties and
neighborhoods as well as on grounds of
insufficient submittals for adequate
review or contrary to objectives and
goals of the comprehensive plan."
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Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to accept the Planning Department's
recommendation for approval. Andy Tobin addressed the
Board. Motion carried unanimously.
PD 39 Amending Section 9.5-64, Monroe County Code,
in order to provide that the submission of all applications
for development approval may be by the owner, an authorized
agent or a person having a contractual interest in the deve-
lopment site; TO READ AS FOLLOWS:
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"An application for a development permit
shall be submitted by the owner, an agent
authorized in writing to act on the
owner's behalf, or other person having a
written contractual interest in the
parcel of land proposed for development."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Motion carried unanimously.
PD 40 Amending Section 9.5-65Ce), Monroe County Code,
in order to provide for standards from the Annual Capital
Facilities Report to be used in consideration of the ade-
quacy of public facilities and services in evaluating con-
ditional uses; TO READ AS FOLLOWS:
"Ce) The following adequacy of public
facilities and services, including but
not limited to roadways, park facilities,
police and fire protection, hospital and
medicare services, hurricane shelter,
drainage systems, refuse disposal, water
and sewers, and schools, judged according
to standards from and specifically modi-
fied by the public facilities capital
improvements adopted in the annual report
required by this chapter;"
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval, but to amend by deleting the
words "and schools," in the seventh line above. Motion
carried unanimously. After discussion, motion was also made
by Commissioner Lytton and seconded by Commissioner Jones to
remove the words "hurricane shelter" and replace with the
words "disaster preparedness system". Motion carried unani-
mously.
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PD 41 Amending Section 9.5-68Cb), Monroe County Code,
in order to provide for the submission to the Planning
Director by the Development Review Committee with a report
and recommendation of complete development plans within ten
days of a determination of completeness by the committee; TO
READ AS FOLLOWS:
"Cd) Notice of Grant of a Minor Condi-
tional Use Permit: An application for a
minor conditional use permit shall be
reviewed by the development review
committee. The development review
committee shall forward its report and
recommendation on the application for a
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minor conditional use permit to the
director of planning within ten ClO)
working days of its determination of
completeness."
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Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval with the correction of changing
"Cd)" above to "Cb)". Motion carried unanimously.
PD 43 Amending Section 9.5-69Cd), Monroe County Code,
in order to provide for the notice of a grant of a major
conditional use shall be published in newspapers of local
circulation in the County by advertisement other than the
legal notice section; TO READ AS FOLLOWS:
"Cd) Notice of Grant of a Major Condi-
tional Use Permit: The director of
planning shall give notice of any
dvelopment order granting a major condi-
tional use by sending a written notice
to all owners of real property located
within three hundred (300) feet of the
property that is the subject of the
major conditional use permit and publish
such notice as prescribed in section
9.5-45Cb)."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Department's
alternative and approve the above by amending as follows:
delete everything after the words "conditional use permit"
and insert the following words in lieu thereof: "and notice
of the intent to issue the major conditional approval shall
be published in newspapers of local circulation in the
county by advertisement other than in the legal notice sec-
tion and cost to be borne by applicant." Motion carried
unanimously.
PD 43A Amending Section 9.5-69, Monroe County Code,
in order to provide for criteria for consideration of major
conditional uses prior to approval, such criteria to include
an environmental designation survey and a community impact
statement; TO READ AS FOLLOWS:
See EXHIBIT A attached hereto and
made a part hereof.
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to accept the Planning Commission's
recommendation for approval as modified by the following
Planning Department Alternatives:
1. Change A,l, second sentence: "...the
pIa t has been acted upon..." to "... the
plat has been approved..."; 2. Change
A,2,a,Cl), "scale 1 inch equals 20 feet
or less except where impractical and the
planning director authorizes a smaller
scale..."; 3. Change A,2,a,(2), to
include (5); 5. Change A,2,b,Cl),Ca),
second sentence, "developing" to
"development"; 6. Change A,2,b,(2),Cb),
by adding sentence: "Provide proof of
coordination with the Florida Department
of Health and Rehabilitative Services";
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7. Change A,2,b,(2),Cc), by adding "iii.
Comply with the requirements of section
9.5-426 of this chapter concerning any
applicable traffic study"; 8. Change
references to "uncodified code" to
"codified code", e.g. 5-309 to 9.5-69
and 5-310 to 9.5-70;
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and addition by the Planning Commission to lOA:
"...Identify the nearshore water quality
and identify how this development will
not adversely impact the nearshore water
quality."
and deletion by the Planning Commission of Section E and
Section 5-310 as not part of this amendment; and addition by
the Board of County Commissioners of the following language
after the word "submit" in A,2: "the following, except of
those inappropriate to the proposed development as deter-
mined by the Planning Director due to the limited size or
scale of the development." Roll call vote was taken with
the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
NO
Yes
Yes
Yes
Yes
Motion carried.
PD 43B Amending Section 9.5-70, Monroe County Code,
in order to provide for the exemption from the requirement
of a final development plan for development under two acres
and of a predominantly religious or charitable nature, or
development of one acre of less and of only one phase; TO
READ AS FOLLOWS:
"Section 9.5-70. Exemption from final
development plan.
A. Developments whose activity is
involved in one Cl) acre or less and not
more than one phase, or of a predominantly
or exclusively of a religious or charit-
able nature involving the construction or
expansion of principal facilities for its
religious or charitable purpose not involv-
ing two (2) or more acres may be exempted
by the Director of Planning from compliance
with submission of a final development
plan.
B. Before granting such exemption, the
Planning Director shall first determine
that the project will be predominantly or
exclusively of a charitable or religious
nature. In making such a determination,
the Director of Planning shall consider
the nature and extent of the proposed
charitable or religious activities of
the applicant's project with all other
activities of the applicant and a
comparison of the proposed utilization of
the project for charitable or religious
activities in comparison with other
proposed uses of the project.
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C. The Director of Planning shall,
before granting the exemption, render into
writing a clear statement of the under-
lying facts and conclusions based thereon,
after determining that the project will
have no significant adverse effect upon:
1. The current and future ability
of Monroe County to adequately dispose of
solid waste;
2. The existing level of traffic
service in the immediate area of the
project;
3. Disaster preparedness including
hurricane evacuation ability and/or
shelter capacity;
4. Environmental resources including
shoreline areas, tropical hammock communi-
ties, marine habitat, marine productivity,
and wildlife, particularly those species
which are considered threatened or en-
dangered;
5. The predevelopment water quality
of any water expected to receive any type
of waste water or runoff generated by the
project;
6. Historical and archeological
resources of the project site area.
D. Appeals from the above determination
may be taken according to the provisions
of Chapter 14 of these regulations."
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to approve with changing "Section 9.5-70"
to "Section 9.5-69F", change lettering and numbering con-
currently, and inserting the words "or accessory uses" after
the words "expansion of principal facilities" in Paragraph A
above. Motion carried unanimously.
PD 44 Amending Section 9.5-69Ce), Monroe County Code, in
order to provide for a change in the appeal procedures where
an eligible party wishes to appeal a Planning Commission
Development Order; TO READ AS FOLLOWS:
"Ce) Appeal of a Development Order Issued
by the Planning Commission: If the
applicant, an adjacent property owner, or
any aggrieved or adversely affected
person, as defined by 163.3215 (2), F.S.
(1987), or any person or any person who
presented information or recommendation
at the public hearing conducted pursuant
to Section 9.5-69Cc), requests an appeal
within thirty (30) days after the mailing
by the director of planning the notice
required in Section 9.5-69Cd), the board
of county commissioners shall consider
the development order on the record
established before the planning commission.
The board, after considering such record
and such argument based on the record
that the appellantCs) and appelleeCs) may
choose to present, shall affirm, reverse
or modify the decision of the planning
commission, or remand with specific
directions to the planning commission in
compliance with the applicable portions
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of the Florida Keys Comprehensive Plan
and the land use development regulations.
Otherwise, the development order shall be
placed on the consent agenda of the next
regularly scheduled meeting of the board
of county commissioners following the
expiration of the thirty (30) day period
described in this section. A majority
vote of the county commissioners may
remove a development order from the consent
agenda, but such vote may only be taken at
a regularly scheduled meeting of the board
held during the thirty (30) day period
described in this section. A development
order removed from the consent agenda by
the commissioners shall also be considered
on the record established before the
planning commission."
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to accept the recommendation of the
Planning Commission to approve as modified by adding the
following at the end of the amendment: "...The board, after
considering such record and such argument based on the
record shall affirm, reverse or modify...". Motion carried
unanimously. After discussion, motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
reconsider the previous action. Motion carried unanimously.
Motion was then made by Commissioner Lytton and seconded by
Commissioner Jones to delete the word "requests" before the
words "an appeal" in the ninth line above and insert in lieu
thereof the words "files with the Director of Planning".
Motion carried unanimously.
PD 67 Amending Section 9.5-232(c)(7), Monroe County Code,
in order to provide for the allowance of flea markets as a
major conditional use provided that standard operations and
parking are met and the site has an area of at least one
acre.
Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to continue to March 8th. Motion
carried unanimously.
PD 04N Amending Section 9.5-4 (A-I), Monroe County Code,
in order to provide for the provision of bulkheads, rip-rap,
fences, gates, wharves and docks as principal uses in all
districts except for the Big Pine Key Area of Critical
County Concern when used for the purposes of erosion
control.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to WITHDRAW this proposed amendment.
Motion carried unanimously with Mayor Puto not present.
PD 17N Amending Section 9.5(0-3)/9.5-343, Monroe County
Code, in order to provide for a definitnion of Open Space
which includes up to 50% of paved areas if paved with per-
meable materials and which allows up to 10% of open space to
be used for driveways, recreation, certain elevated struc-
tures and gardens and further providing that such definition
shall apply for the purposes of Section 9.5-343 and 9.5-345,
Monroe County Code.
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After lengthy discussion and much consideration, motion was
made by Commissioner Lytton and seconded by Commissioner
Jones to continue this and all other Negotiated Amendments
to March 8th so that the public could adequately prepare
themselves to properly submit recommended changes. Motion
carried unanimously.
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Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to continue to March 8th all unfi-
nished business originally scheduled for this meeting.
Motion carried unanimously with Commissioners Harvey and
Lytton not present.
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) PCRPOSE
OF MIENDMENT
To provide for.a final development plan to be submitted as
part of a major conditional use, in order for complete review by
the Planning Commission and Planning Department for conformance
to Comprehensive Land Use regulations prior to the granting of a
major conditional use.
The following sections should be amended to read:
Section 5-309. Major Conditional Use
A. Applications for major conditional uses. An
application for a major conditional use permit shall be
submitted to the Development Review Coordinator in a form
provided by the Director of Planning.
1. If approval of a plat is required for the proposed
development, an application for plat approval shall be submitted
in conjunction with the application for a conditional use
permit. However, a major conditional use shall not become
ef~ective until the plat has been acted upon by the Board of
County Commissioners.
2. As a part of the application for major conditional
use, an applicant shall be required to submit:
a. an Environmental Designation Survey consisting
,.- of:
(1) a plan drawn to a scale of two hundred
feet (200') or larger showing the
following:
(a) Location of property
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(b) Date, approximate north point and
graphic scale
(c) Acreage within the property
(d) Boundary lines of the property and
their bearings and distances
(e) Topography and typical ground cover
(f) General surface characteristics,
water areas and drainage patterns
(g) Contours at an interval of not
greater than one foot (I') or at
lesser intervals if deemed
necessary for review purposes
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(h) One hundred (100) year flood prone
areas by zone
(i) Presently developed and/or already
altered areas
(j) Location of mean hiqh water line
(2) A natural vegetation map
(3) Aerial photographs of the property and
surrounding area
(4) A review of historical and archeological
sites by the Division of Archives,
History and Records Management of the
State of Florida
(5) A map of unique environmental features
such as:
(a) Climax tropical hardwood hammocks
(b) Endangered species habitats
(c) Major wildlife intensive use areas
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(6) Actual acreage of specific vegetation
species or other environmental
characteristics
(7) General information relating to the
property in regard to the potential
impact which development of the site
could have on the area's natural
environment and ecology.
(8) Environmental resources
(a) If shoreline zones were identified,
describe in detail any proposed
site alterations in the areas
including vegetation removal,
dredging, canals or channels.
Identify measures which have been
taken to protect the natural,
biological functions of vegetation
within this area such as shoreline
stabilization, wildlife and marine
habitat, marine productivity and
water quality maintenance.
(b) If tropical hammock communities or
other protected vegetative
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communities were identified,
describe proposed site alteration
in those areas and indicate
measures which were taken to
protect intact areas prior to,
during and after construction
(c) Describe plans for revegetation and
landscaping of cleared sites
including a completion schedule for
such work.
(9) Environmental resources; wildlife -
describe the wildlife species which
nest, feed or reside on or adjacent to
the proposed site. Specifically
identify those species considered to be
threatened or endangered. Indicate
measures which will be taken to protect
wildlife and their habitats.
(10) Environmental resources; water quality
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(a) Identify any waste water disposal
areas including stormwater runoff,
septic tank drainfields, impervious
surfaces and construction related
runoff. Describe anticipated
volume and characteristics.
Indicate measures taken to minimize
the adverse impacts of these
potential pollution sources upon
the quality of the receiving waters
prior to, during, and after
construction.
(b) Indicate the degree to which any
natural drainage patterns have been
incorporated into the drainage
system of the project.
b. a Community Impact Statement including:
(1) General description of proposed
development
(a)
Provide a general written
description of the proposed
development. Include in this
description the proposed phases of
development or operation and
facility utilization, target dates
for each of these, and date of
completion. In addition, indicate
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the site size, developing staging
and appropriate descriptive
measures such as quantity and type
of residential units, commercial
floor area, tourist accommodation
units, seating and parking
capacities. For residential
de~elopment indicate the
anticipated unit per acre density
of the completed project.
(b)
Identify aspects of the project
design, such as clustering, which
were incorporated to reduce public
facilities costs and improve the
scenic quality of the development.
Describe building and siting
specifications which were utilized
to reduce hurricane and fire damage
potential to comply with federal
flood insurance regulations and
regulations of the Comprehensive
Land Use Plan.
(2) Impact assessment
(a) Public facilities; water supply
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(i) Identify projected daily
potable water demands at the
end of each development phase
and specify any consumption
rates which have been assumed
for the projection.
(ii) Provide proof of coordination
with the Florida Keys
Aqueduct Authority. Assess
the present and projected
capacity of the water supply
system and the ability of
such system to provide
adequate water for the
proposed development.
(iii) Describe measures to insure
that water pressure and flow
will be adequate for fire
protection for the type of
construction proposed
(b)
Public facilities; waste water
management
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(i) Provide projection of the
average flows of waste water
generated by the development
at the end of each development
phase. Describe proposed
treatment system, method and
degree of treatment, quality
of effluent, and location of
effluent and sludge disposal
areas. Identify method and
resDonsibilities for operation
and maintenance of facilities.
(ii) If public facilities are to
be utilized, provide proof of
coordination with the Monroe
County Waste Collection and
DisPosal District. Assess
the"present and projected
capacity of the treatment and
transmission facilities and
the ability of such
facilities to provide
adequate service to the
proposed development.
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(iii) If applicable, provide a
description of the volume
and characteristics of any
industrial or other
effluents.
(c) Public facilities; solid waste
(i) Identify projected average
daily volumes of solid waste
generated bv the development
at the end of each phase.
Indicate proposed methods of
treatment and disposal.
(ii) Provide proof of coordination _
with Monroe County Waste
Collection and Disposal
District. Assess the present
and projected capacity of the
solid waste treatment and
disposal system and the
ability of such facilities to
provide adequate services to
the proposed development.
(d) Public facilities; transportation
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Ii) Provide a projection of the
expected vehicle trip
generation at the completion
of each development phase.
Describe in terms of external
trip generation and average
daily and peak hour traffic.
Iii) If the project site is
adjacent to u. S. Highway 1,
describe the measures, such
as setbacks and access
limitations, which have been
incorporated into the project
design to reduce impacts upon
U. S. 1.
Ie) Other public facilities - Discuss
provisions included in the proposed
development to minimize adverse
effects upon the following
facilities: educational, electrical
power, health care and disaster
preparedness, including
coordination with appropriate
agencies.
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(f) Housing
Ii) If the project includes
residential development,
provide breakdown of the
proposed residential units by
price range or rental range
and type of unit such as
single family, duplex,
townhouse, etc.,
(ii)
If lots are to be sold
without constructed dwelling
units, indicate the number
and percentage of such lots
and the extent of
improvements to be made prior
to sale.
(iii)
Assess the potential of the
proposed development to meet
local or regional housing
needs. In particular,
indicate any measures taken
to provide low and moderate
income housing.
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(q) Special considerations
I i)
Describe the relationship of
the proposed development to
the Comprehensive Land Use
Plan objectives and policies.
Also indicate relationships
to existing or proposed public
facilities' plans. Identify
any conflicts.
Iii)
Indicate anv relationships of
the project"to special l~nd
use and/or development
districts such as airport
noise and hazard zones, solid
or liquid waste treatment or
disposal areas, etc.
(iii) If applicable, assess the
impact of the proposed
development upon other
adjacent or nearby
municipalities or counties.
c..~
Ih) The data and information provided
in a community impact statement
shall be coordinated with data and
anv other information and/or
pe~mits required by local,
regional, state or federal
regulatory or reviewing agencies as
appropriate to the major
conditional use proposed.
(
B. IContinue^subsections B, C, and D.)
E. Appeal of a development order issued by the Planning
Commission.
1. All development orders issued by the Planning
Commission in regard to an application for a major conditional
use permit shall be placed on a consent agenda ae-eRe-ReHe
~e~~~a~iY-SefteflHiefl no earlier than twenty (20) days following
date of mailing of the notice specified in D. above, at a
regularly scheduled meeting of the Board of County
Commissioners.
However, appeal rights of individuals under 2 a. below
shall not be denied if the development order is approved by the
Board of County Commissioners prior to expiration of appeal time
periods stated below.
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2. The Board shall affirm, reverse or modify the
decision oY-the Planning Commission, e~-~effla~e-w~~ft-~~ee~f~e
6~~ee~~e~~-~e-~fte-P!a~~~~~-eefflffl~~~~e~ in compliance with the
applicable provisions of this Plan and these regulations L
unless action is taken under any of the below:
a. If the applicant, an adjacent property owner,
or any aggrieve~or adversely affected property owner, as
defined by Section 163.3215(2), Florida Statutes (1985), or any
person who presented testimony or evidence at the public hearing
conducted pursuant to Section 5-309 (3), requests an appeal
within 30 days after publication and/or mailing of notice~
b. If a majority of the Board of County
Commissioners votes to remove a development order from the
consent agenda for remanding back to the Planning Commission
with specific directions.
3. In hearing any appeal of the development order, the
Board of County Commissioners shall consider the development
order on the record established before the Planning Commission.
Section 5-310. F~~a!-ee~e!e~ffle~~-~!a~-~~e~e~~e~~-~e-a~~~e~a!_e~
a-ee~e~~~e~a!-~~e-~e~ffl~~~
(Delete entire section and replace with the fOllowing:)
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Section 5-310. Exemption from final development plan.
A. Developments whose activity is involved in one II) acre
or less and not more than one phase, or of a predominant Iv or
exclusively of a religious or charitable nature involving the
construction or expansion of principal facilities for its
religious or charitable purpose not involving two (2) or more
acres may be exempted by the Director of Planning from
compliance with submission of a final development plan.
B. Before granting such exemption, the Planning Director
shall first determine that the project will be predominantly or
exclusively of a charitable or religious nature. In making such
a determination, the Director of Planning shall consider the
nature and extent of the proposed charitable or religious
activities of the applicant's project with all other activities
of the a licant and a com arison of the ro osed utilization of
the project for charitable or religious activities in comparlson
with other proposed uses of the project.
C. The Director of Planning shall, before granting the
exemption, render into writing a clear statement of the
underlying facts and conclusions based thereon, after
determining that the project will have no significant adverse
effect upon:
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1. The current and future ability of Monroe County to
adequately dispose of solid waste;
2. The existing level of traffic service in the
immediate area of the project;
3. Disaster preparedness including hurricane
evacuation ability and/or shelter capacity;
4. Environmental resources including shoreline areas,
tropical hammock communities, marine habitat, marine
productivity, and wildlife, particularly those species which are
considered threatened or endangered;
5. The predevelopment water quality of any water
expected to receive any type of waste water or runoff generated
by the project;
6. Historical and archeological resources of the
project site area.
D. Appeals from the above determination may be taken
according to the provisions of Chapter 14 of these regulations.
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