03/08/1989 Special
00 13
Public Hearing/Special Meeting
Board of County Commissioners
Wednesday, March 8, 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 Bea&h. Present and answering to roll call were
Commission~r Wilhelmina Harvey, Commissioner Eugene Lytton,
Commissioner John Stormont, and Mayor Michael Puto.
Commissioner Jones arrived late. Also present were Danny L.
Kolhage, Clerk: Randy Ludacer, County Attorney: Donald
Craig, Director - Growth Management Division: members of the
County Planning Staff: members of the Press and Radio: and
the general public.
Randy Ludacer, County Attorney, addressed the Board
concerning procedures and the provisions of the law con-
cerning 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.
Commissioner Lytton and Staff discussed the need
for minor corrections and editorial changes that would be
necessary before transmission of the Final Amendments to
DCA. Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to authorize the Growth Management
Division to make the necessary typographical and minor
corrections and editorial changes as required before
transmission of the Final Approved Amendments to DCA and
directing Staff to provide a report to the Board of those
changes and corrections. Motion carried unanimously.
PD 67 CONTINUED FROM PREVIOUS HEARINGS
Amending Section 9.5-232(c)(7), Monroe County Code,
in order to provide for 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 Harvey and seconded by
Commissioner Lytton to delete references in the proposed
amendment to "garage sale". Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to amend the definition of 9.5-4(F)(3)
to read as follows:
"Flea Markets means buildings or open
areas in which stalls or sales areas are
set aside, and rented or otherwise pro-
vided, and which are intended for use by
various unrelated individuals to sell
articles which are either homemade, home-
grown, homecrafted, old, obsolete or
antique and may include limited selling
of goods at retail by businesses or
individuals who are generally or tradi-
tionally in retail trade."
00 14
Motion carried unanimously. David Paul Horan, representing
Reverend Young and the Big Pine Key Flea Market, addressed
the Board concerning the proposed amendment.
Commissioner Jones arrived at the meeting
and took his seat.
After discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Jones to remove proposed Paragraph I
and insert the following language:
"When flea markets are contained within
a building or buildings, floor area
ratios of 9.5-269 and parking requirements
pursuant to 9.5-351 shall apply."
Motion carried unanimously. Motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to delete pro-
posed Paragraph K. Motion carried unanimously. Maria
Abadal of DCA and Vern Pokorski of Big Pine Civic
Association addressed the Board. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
adopt the proposed amendment as previously amended. Roll
call vote was unanimous.
PD17N Amending Section 9.5-4(0-3)/9.5-343, Monroe County
Code, in order to provide for a definition 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
structures and gardens and further providing that such defi-
nition shall apply for the purposes of Sections 9.5-343 and
9.5-345, Monroe County Code; TO READ AS FOLLOWS:
"Section 9.5-4(0-3), Monroe County Code,
is hereby amended to read as follows:
Open Space means any portion of a parcel
or area of land which is open and un-
obstructed from the ground to the sky to
include areas maintained in a natural and
undisturbed character. Fifty (50) percent
of paved areas shall be considered open
space, if constructed of permeable
materials. Up to 10% of the required open
space areas may accommodate the following
uses if constructed of permeable materials:
1. Driveways where because of the size or
shape of the parcel, the driveway cannot be
placed in non-open space areas.
2. Recreational uses.
3. The area of land under docks, piers
and elevated walkway.
4. Gardens of native species.
Open Space shall not include water below
the mean high water line or areas covered
with buildings, sidewalks, and paved areas,
except as otherwise provided.
Sec. 9.5-343 Open space requirements.
...All such required areas shall be main-
tained in their natural condition, except
as provided in section 9.5-4(0-3). Excep-
tions provided in Section 9.5-4(0-3) shall
also apply to required open space in
sections 9.5-345(b), (c), (d), (e), (f),
( g), ( h), ( i ), ( j ), (k), ( 1 ), (m), (n ) and
(0)."
00
1 1 5
Maria Abadal addressed the Board. Staff recommended the DRC
amendment per Volume V. Andy Tobin addressed the Board.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the recommendation of DRC
and also to amend as follows:
Delete revised text and rewrite these sections as
follows:
Section 9.5-4(0-3):
Add a last sentence as follows: "Open
Space shall not include water below the
mean high water line or areas covered by
buildings, sidewalks and paved areas,
except as otherwise provided in Section
9.5-343."
Section 9.5-343:
Add as second paragraph the following:
"Fifty (50) percent of paved areas may be
considered open space if constructed of
permeable materials, not to exceed 10% of
the required open space areas, including:
1. Driveways where because of the size
or shape of the parcel, the driveway
cannot be placed in non-open space
areas;
2. Recreational uses;
3. The area of land and water under
docks, piers and elevated walkways;
4. Gardens of native species untilizing
landscape materials as allowed by
Sec. 9 . 5 - 3 6 7 .
These exceptions apply in undisturbed
and/or low quality habitats but shall not
apply to habitat types listed in Section
9.5-345 (b), (c), (d), (f), (g), (i), (j),
and (1)."
Motion carried unanimously:
BULK APPROVAL
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following items by unani-
mous consent:
PD 43N Amending Section 9.5-309, Monroe County Code,
in order to provide for limited land clearing without a per-
mit for the establishment of a principal use in certain cir-
cumstances; TO READ AS FOLLOWS:
"(2) Limited clearing to allow construc-
tion of protective fences, gates, and
shoreline stabilization structures may be
permitted if the following design standards
have been met:
1. Such limited clearing does not occur
in scenic highway corridors established
and adopted in this chapter.
2. Limited clearing shall not remove
Native vegetation that would provide for
the minimum buffer required in division
11 section 9 of this chapter.
3. Existing tree canopies within hard-
wood and pineland hammocks are not removed."
00 16
Accept recommendation of DRC that this amendment
is unnecessary since Section 9.5-288 allows fences and
seawalls as principal uses.
PD 44N Amending Section 9.5-11l(b), Monroe County Code,
in order to provide for a site preparation permit allowing
certain additional site preparation activities; TO READ AS
FOLLOWS:
"(b) Every building permit shall have two
(2) separately issued component parts:
(1) A site preparation permit, covering
land clearing and on-site preconstruction
activities such as soil core drilling and
other soil testing, demolition of existing
structures and foundations, blasting for
excavation, de-watering of a site, and
storage of materials; and
(2) a Construction Permit, covering con-
struction details of buildings and other
structures."
Accept recommendation of DRC for approval as
amended above adding the following words to Subparagraph (1)
above: insert "placement of fill," before "soil core" in
the fifth line above.
PD 98N Amending Section 9.5-337, Monroe County Code,
in order to provide for the waiver of a habitat analysis for
lots of one quarter acre or less located in Improved
Subdivision Districts if certain minimum conditions are met~
TO READ AS FOLLOWS:
"No habitat analysis shall be required on
lots 1/4 acre or less in size within IS
Land Use Districts which meet the purpose
of the District identified as having
hammock, or pineland, or saltmarsh
association on the parcel, when the owner/
applicant clearly demonstrates that the
following criteria will be met:
1. Clearing of the lot shall be limited
to that space required for the principal
structure, driveway, septic field and
tank, or sewage treatment facility and
accessory uses not to exceed in aggregate
60% of the total lot area.
2. A vegetation survey shall be
completed.
3. A clearing for the septic tank,
drain field, house and driveway shall be
in upland vegetation areas to the maximum
extent possible.
4. Native vegetation shall be utilized
in required bufferyards.
5. Native vegetation shall be preserved
and maintained to the maximum extent
possible, consistent with above criteria."
Accept recommendation of DRC for approval as
follows:
"No habitat analysis shall be required on
lots 1/4 acre or less in size within IS
land use districts which meet the purpose
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1 1 7
of the district identified as having
hammock or pineland, when the owner/
applicant clearly demonstrates that the
following criteria will be met:
l. Clearing of the lot shall be limited
to that space required for the prin-
cipal structure, driveway, septic
field and tank, or sewage treatment
facility and accessory uses not to
exceed in aggregate 60% of the total
lot area.
2. A vegetation survey shall be completed.
3. Native vegetation shall be utilized
in required bufferyards.
4. Native vegetation shall be preserved
and maintained to the maximum extent
possible, consistent with above
criteria.
5. All threatened and endangered species
shall be transplanted pursuant to a
transplantation program.
6. The lots are serviced by a road
existing on September 15, 1986."
PD 104N Amending Section 9.5-345(m), Monroe County Code,
in order to provide far the revision and reordering of the
environmental design criteria for submerged lands to permit
erosion control measures and limited trimming of mangroves:
development of docking facility exceptions where there is no
substantial adverse impact on the natural marine community
exceptions to the prohibitions against fill in any natural
or man-made water bodies: for all non-single family
dwellings to make provisions for a water quality monitoring
program: TO READ AS FOLLOWS:
"1. Except as provided in subsection 3,
only piers, docks, utility pilings
and walkways shall be permitted on
submerged lands, disturbed with
mangroves and mangroves.
2. All structures on any submerged
lands, disturbed with mangroves shall
be designed, located, and constructed
such that:
a. All structures shall be constructed
on pilings or other supports.
b. Bulkheads and seawalls shall be
permitted only to stabilize
disturbed shorelines or to
replace deteriorated existing
bulkheads and seawalls.
c. No structure shall be located on
submerged land which is vegetated
with sea grasses, patch reefs and
marine hard bottom communities
except as is necessary to reach
waters of at least 4' (four feet)
below mean low water level for
docking facilities.
d. No docking facility shall be
developed at any site unless a
minimum channel of twenty (20)
feet in width where a mean low
water depth of at least minus
four feet (4') exists, unless
the applicant demonstrates that
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1 1 8
the development of the facility
will not have a substantial
adverse impact on natural marine
communities but in no case shall
any facility be located where a
mean low water depth is less than
three feet (3'), as may be allowed
by applicable State DER and DNR
regulations.
3. No fill shall be permitted in any
natural water body except as is
necessary to stabilize an altered
shoreline provided that:
a. The shoreline is determined to be
erosional by the County Biologist;
b. The fill is limited to rip rap
only;
c. The fill does not have a signifi-
cant adverse impact on natural
marine communities;
d. The fill is aligned with any
existing rip rap; and
e. No fill shall be placed below
mean high water.
4. No fill shall be permitted in any
man-made water body unless the appli-
cant demonstrates and the County
Biologist determines that the activity
will not have a significant adverse
impact on natural marine communities.
5. All development other than single-
family detached dwelling units shall
make adequate provision for a water
quality monitoring program for a
period of five (5) years after the
completion of the development.
6. Mangroves may be trimmed in accordance
with DER and other applicable state
regulations provided that:
a. A building/clearing permit for
such trimming is secured;
b. No individual specimen is removed
or killed; and
c. A condition of any permit to trim
shall be an agreement by the permit
holder to restore any removed or
killed plants with appropriate
mangrove individuals."
Accept DRC recommendation noting that "disturbed
with mangroves" is currently handled and also recommending
corrected revised text as follows:
"1. Except as provided in subsection 3,
only piers, docks, utility pilings
and walkways shall be permitted on
submerged lands and mangroves;
2. All structures on any submerged lands
shall be designed, located, and...
....d.
No docking facility shall be
developed at any site unless a
minimum channel of twenty (20)
feet in width where a mean low
water depth of at least minus
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1 1 9
four feet (-4') exists, unless
the applicant for a dock accessory
to a single-family dwelling
demonstrates that the development
of the dock will not have a sub-
stantial adverse impact on natural
marine communities but in no case
shall any facility be located
where a mean low water depth is
less than three feet (3'), as may
be allowed by applicable state
DER, and DNR regulations.
6. Delete 6 a, b, c."
PD20N Amending Section 9.5-22(d)(2), Monroe County Code,
in order to provide for circumstances by which Planning
Commission members may be removed from the Commission by an
affirmative vote by four or more County Commissioners~ remo-
val of any Planning Commission member upon a finding of
misconduct, malfeasance or misfeasance in office, by a
simple majority vote~ TO READ AS FOLLOWS:
"REMOVAL: Any member of the Planning
Commission may be removed after six
months of service by affirmative vote of
4 members of the Board of County
Commissioners~ provided however, that the
Board may not remove more than three (3)
members in any twelve (12) month period,
except the Board may remove additional
members upon a finding of misconduct,
malfeasance or misfeasance in office.
If removed under this section,
the Planning Commission shall be given
written notice of such action within a
three (3) day perod. A Planning Commission
member may appeal in writing to the Mayor
of the County, the Board's decision within
five (5) days after said notice. The
Board shall set a hearing within fourteen
(14) days of written notice of the appeal,
at which time the issue shall be heard.
The Board may reconsider its prior decision
and by a vote of four (4) members of the
Board, reinstate the Planning Commission
member. "
Accept Negotiated Amendment.
PD75N Amending Section 9.5-267, Monroe County Code,
in order to provide for the necessary correction/elucidation
of the headings in Section 9.5-267 to prevent the misun-
derstanding that the table applies to dwelling units per
"gross" or "net" buildable acres~ TO READ AS FOLLOWS:
"Sec. 9.5-267. Maximum Hotel-Motel, Recreational
Vehicle and Institutional Resi-
dential Densities.
00 20
Maximum
Allocated Net Density
Density (Rooms/
Land Use (rooms/ buildable
District and Us e ac re ) acre) O.S.R.*
Urban Commercial: 0.2
Hotel 15.0 24.0
Inst. Res. 15.0 24.0
Urban Residential: 0.2
Inst. Res. 10.0 20.0
Urban Residential Mobile
Home: 0.2
SubUrban Commercial: 0.0
Hotel l5.0 20.0
Inst. Res. 5.0 20.0
Rec. Rental 15.0** 15.0**
SubUrban Residential: 0.5
Hotel 5.0 20.0
Inst. Res. 3.0 6.0
Rec. Rental 5.0** 15.0**
Sparsely Settled:
Campgrounds 5.0*** 15.0**
Hotel 5.0 20.0 0.8
Offshore Islands:
Campgrounds 2.0 10.0*** 0.9
Offshore Spoil Island 2.0 10.0***
Campgrounds 1.0 0.6
Destination Resort:
Hotel 15.0 30.0 0.2
RV: NG
Hotel 15.0 15.0
Rec. Rental 15.0 20.0**
Mixed Use: 0.2
Hotel 15.0 15.0
Inst. Res. lO.O 20.0
Rec. Rental 15.0** 15.0**
Maritime Industries:
Hotel 15.0 20.0 0
Military Facilities:
Inst. Res. 10.0 20.0 0.2
Park and Refuge
Hotels 5.0 20.0 0.9
Campgrounds 5.0*** 20.0*** 0.9
* See additional open space ratios on Chapter 9, Division
8; in accordance with Section 2-l01A, the most restrictive
of these ratios applies.
** Recreational vehicle or campground spaces per acre.
*** Campground spaces per acre.
NG Not Given"
Accept Negotiated Amendment.
PD 83N Amending Section 9.5-286, Monroe County Code,
in order to provide for a setback for buildings, within cer-
tain limited exceptions from man-made water bodies or
lawfully altered natural shorelines shall be twenty feet; a
setback for buildings, with certain exceptions, from natural
unaltered shorelines or lawfully altered shorelines shall be
fifty feet from the landward limit of the mangroves or, if
nonexistent, from the mean high tide line; a setback for all
structures, except docks, of fifty feet from any shoreline
area known as an active nesting site for marine turtles; TO
READ AS FOLLOWS:
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"a. All buildings and structures, other
than docks, utility pilings, walkways,
non-enclosed gazebos and fences and
similar structures shall be set back
twenty (20) feet from the mean high tide
line of man-made waterbodies and/or
lawfully altered shorelines of natural
waterbodies.
"b. All buildings other than docks,
utility pilings, walkways, non-enclosed
gazebos and fences and similar structures
shall be set back fifty (50) feet from
natural waterbodies with altered shore-
lines or unlawfully altered shorelines,
measured from the landward limit of
mangroves, if any, and where mangroves do
not exist from the mean high tide line.
"c. No structure other than docks shall
be located within 50 feet of any shoreline
area which is known to serve as an active
nesting or resting area for marine
turtles. Active nesting area is defined
as one that has appeared on (a competently
prepared) nesting inventory (approved by
the Planning Director and Florida Fresh-
water Fish and Game Division) at least
once within the previous three years prior
to a development application."
Accept Negotiated Amendment.
PD lOON Amending Section 9.s-34s(a), Monroe County Code,
in order to provide for the development or occupation of the
least environmentally sensitive portion of a parcel proposed
for development shall occur first before the development or
occupation of other portions; TO READ AS FOLLOWS:
"(a) Clustering: When a parcel proposed
for development contains more than one
(1) habitat type, all development shall
be clustered on the least sensitive
portions of the parcel subject to the
maximum net densities of section 9.5-262,
the open space requirements of section
9.5-262 and 9.5-269 and the performance
standards of this section. For the
purposes of this subsection, the sensi-
tivity of habitat types shall be as
listed with subsection (1) being the most
sensitive and subsection (18) being the
least sensitive. The least sensitive
part of the parcel shall be fully utilized
prior to the distribution of density to
the next least sensitive habitat type."
Accept Negotiated Amendment.
PD 66N Amending Section 9.5-262, Monroe County Code,
in order to provide for the reduction of the open space
ratio for off-shore islands by .05 to .90; TO READ AS
FOLLOWS:
"Section 9.5-262 Maximum Residential
Density and District
Open Space
00 1 2 2
Land Use
District and Use
Allocated
Density
(dwelling
units/
gross
acre)
Maximum
Net Density
(dwelling
units/net
buildable
acre) O.S.R.(l)
Urban Commercial 6.0 12.0 0.2
Urban Residential 6.0 12.0 0.2
for qualified affordable
housing only 6.0 25.0 0.2
Urban Residential Mobile
Home 5.0 7.0 0.2
SubUrban Commercial 3.0 6.0 0.3
SubUrban Residential 1.0 10.0 0.3
for qualified affordable
housing only 1.0 15.0 0.5
SubUrban Residential-Ltd 1.0 3.0 0.5
Sparsely Settled 0.5 6.0 0.8
Native
Mangroves (Tidal) (2 ) 0.0 0.0 1.0
Freshwater Wetlands 0.2 0.0 1.0
Saltmarsh & Buttonwood 0.3 5.0 .85
Disturbed 0.5 5.0 0.6
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 0.1 2.0 0.9
Spoil Island 0.1 2.0 0.6
Improved Subdivision 1.0/per 10t(2) 1.0/10t 0.2
IS-Duplex 2.0/per 10t(3) 2.0/lot 0.2
Commercial Fishing 3.0 12.0 0.2
Destination Resort 1.0 18.0 0.2
Industrial 6.0 12.0 0.2
Maritime Industries 6.0 12.0 0.2
Mixed Use 1.0 12.0 0.2
Military Facilities 6.0 12.0 0.2
Parks and Refuge 0.5 5.0 0.9
(1) See additional open space ratios on Chapter 9, Division
8; in accordance with Section 2-l0lA, the most restric-
tive of these ratios applies. (The OSR may be reduced
by 10% when affordable housing is involved. (8))
(2) Minimum lot size is 12,500 square feet, on existing
platted lots. Maximum Net Density does not apply to
existing IS subdivisions; each lot has one development
right (dwelling unit), as described in section 9.5-263.
(3) Minimum lot size per two dwelling units is 12,500
square feet on platted duplex lots; each lot has two
development rights (dwelling units). Maximum Net
Density does not apply in existing IS-D subdivisions. "
Denial.
PD 76N Amending Section 9.5-267, Monroe County Code,
in order to provide for an allocation of campground space
density to the off-shore spoil island category; TO READ AS
FOLLOWS:
"Sec. 9.5-267. Maximum Hotel-Motel, Recreational
Vehicle and Institutional Resi-
dential Densities.
00
1 23
Maximum
Allocated Net Density
Density (Rooms/
Land Use (rooms/ buildable
District and Use acre) acre) O.S.R.*
Urban Commercial: 0.2
Hotel 15.0 24.0
Inst. Res. 15.0 24.0
Urban Residential: 0.2
Inst. Res. 10.0 20.0
Urban Residential Mobile
Home: 0.2
SubUrban Commercial: 0.0
Hotel 15.0 20.0
Inst. Res. 5.0 20.0
Rec. Rental 15.0** 15.0**
SubUrban Residential: 0.5
Hotel 5.0 20.0
Inst. Res. 3.0 6.0
Rec. Rental 5.0** 15.0**
Sparsely Settled:
Campgrounds 5.0*** 15.0**
Hotel 5.0 20.0 0.8
Offshore Islands:
Campgrounds 2.0 10.0*** 0.9
Offshore Spoil Island 2.0 10.0***
Campgrounds 1.0 0.6
Destination Resort:
Hotel 15.0 30.0 0.2
RV: NG
Hotel 15.0 15.0
Rec. Rental 15.0 20.0**
Mixed Use: 0.2
Hotel 15.0 15.0
Inst. Res. 10.0 20.0
Rec. Rental 15.0** 15.0**
Maritime Industries:
Hotel 15.0 20.0 0
Military Facilities:
Inst. Res. 10.0 20.0 0.2
Park and Refuge
Hotels 5.0 20.0 0.9
Campgrounds 5.0*** 20 . 0 * * * 0.9
* See additional open space ratios on Chapter 9, Division
8; in accordance with Section 2-l0lA, the most restrictive
of these ratios applies.
** Recreational vehicle or campground spaces per acre.
*** Campground spaces per acre.
NG Not Gi ven "
Denial.
PD 99N Amending Section 9.5-232, Monroe County Code,
in order to provide for an open space ratio for off-shore
spoil islands; TO READ AS FOLLOWS:
"Offshore Islands 0.9
Offshore Spoil Islands 0.6"
Denial.
Roll call vote was unanimous.
00 24
PD lOll Amending Section 9.5-345(b), Monroe County Code,
102N in order to provide for exceptions to the prohibi-
tion against fill on parcels proposed for development 1 there
are also restrictions on the percentage and square footage
of fill in salt marsh/buttonwood habitats1 additional
restrictions such as type of fill, location, placement,
etc., also are included 1 TO READ AS FOLLOWS:
"(b) Salt Marsh and Buttonwood Associations:
(1) No fill shall be placed on a
parcel proposed for development
except for fill in conjunction with
a minimal accessway and a minimum
amount not to exceed two thousand
(2,000) square feet confined to the
area beneath the structure plus an
area not to exceed three thousand
(3,000) square feet located elsewhere
on the parcel, which complies with
all the requirements of this section.
In no event shall the total amount of
fill allowed in the area of the
salt marsh/buttonwood association
exceed ten percent (10%) of the total
area of the salt marsh/buttonwood
habitat on the parcel, or five
thousand (5,000) square feet, which-
ever is greater. However, if the
developer of a parcel of land is
allocated more development units for
a parcel than are to be developed,
then the developer may fill additional
two thousand (2,000) square foot
area(s), one area per full development
unit, if he executes and records a
legally enforceable deed restriction
which prevents the development of or
transfer of the development rights
of the additional unit(s). The fill
described in this section shall be
subject to the following requirements:"
Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to amend Section 9.5-345 0(4) to add
the words contained in 9.5-345 Bel) and to change the
reference to "7.5%" to "10%). Motion carried unanimously.
Motion was then made by Commissioner Lytton and seconded by
Commissioner Harvey to approve PD 102N per the DRC recommen-
dation:
See EXHIBIT A attached hereto
and made a part hereof.
Motion carried unanimously.
PD l30N Amending Section 9.5-262, Monroe County Code,
in order to provide for allocated densities and open space
ratios in any IS District1 the insertion of a new category
-- Improved Subdivision-Duplex1 new open space ratios for
the Suburban Commercial,Suburban Residential Limited and
Industrial and Maritime Industry Districts; Offshore Spoil
Islands with new allocated density, maximum net density, and
open space rati01 the addition of a qualified affordable
housing cateogry with maximum net density for Suburban
Residential and Urban Residential; TO READ AS FOLLOWS:
00 1 2 5
"Section 9.5-262 Maximum Residential
Density and District
Open Space
Land Use
District and Use
Allocated
Density
(dwelling
units/
gross
acre)
Maximum
Net Density
(dwelling
units/net
buildable
acre) O.S.R.(l)
Urban Commercial 6.0 l2.0 0.2
Urban Residential 6.0 l2.0 0.2
for qualified affordable
housing only 6.0 25.0 0.2
Urban Residential Mobile
Home 5.0 7.0 0.2
SubUrban Commercial 3.0 6.0 0.3
SubUrban Residential 1.0 10.0 0.3
for qualified affordable
housing only 1.0 15.0 0.5
SubUrban Residential-Ltd 1.0 3.0 0.5
Sparsely Settled 0.5 6.0 0.8
Native
Mangroves (Tidal) (2 ) 0.0 0.0 1.0
Freshwater Wetlands 0.2 0.0 1.0
Saltmarsh & Buttonwood 0.3 5.0 .85
Disturbed 0.5 5.0 0.6
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 0.1 2.0 0.9
Spoil Island 0.1 2.0 0.6
Improved Subdivision 1.0/per lot ( 2) 1. O/lot 0.2
IS-Duplex 2.0/per 10t(3) 2.0/10t 0.2
Commercial Fishing 3.0 12.0 0.2
Destination Resort 1.0 18.0 0.2
Industrial 6.0 12.0 0.2
Maritime Industries 6.0 12.0 0.2
Mixed Use 1.0 12.0 0.2
Military Facilities 6.0 12.0 0.2
Parks and Refuge 0.5 5.0 0.9
(l) See additional open space ratios on Chapter 9, Division
8; in accordance with Section 2-l0lA, the most restric-
tive of these ratios applies. (The OSR may be reduced
by 10% when affordable housing is involved. (8))
(2) Minimum lot size is 12,500 square feet, on existing
platted lots. Maximum Net Density does not apply to
existing IS subdivisions; each lot has one development
right (dwelling unit), as described in section 9.5-263.
(3) Minimum lot size per two dwelling units is 12,500
square feet on platted duplex lots; each lot has two
development rights (dwelling units). Maximum Net
Density does not apply in existing IS-D subdivisions. "
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to accept the recommendation of DRC for
approval with changes noted so as to read as follows:
"Section 9.5-262 Maximum Residential
Density and District
Open Space
00 26
Land Use
District and Use
Urban Commercial
Urban Residential
Urban Residential Mobile
Home
SubUrban Commercial
SubUrban Residential
SubUrban Residential-Ltd
Sparsely Settled
Native
Mangroves
Freshwater Wetlands
Saltmarsh & Buttonwood
Disturbed
Hammocks
Beach/Berm
Pinelands
Mainland Native
Offshore Island
Improved Subdivision
IS-Duplex
Commercial Fishing
Destination Resort
Industrial
Maritime Industries
Mixed Use
Military Facilities
Allocated
Density
(dwelling
units/
gross
acre)
6.0
6.0
5.0
3.0
1.0
1.0
0.5
0.0
0.2
0.3
0.5
0.5
0.5
0.5
0.01
0.1
1.0/per
2.0/per
3.0
1.0
6.0
6.0
1.0
6.0
Maximum
Net Density
(dwelling
units/net
buildable
acre)
12.0
12.0
7.0
6.0
10.0
3.0
6.0
0.0
0.0
5.0
5.0
5.0
5.0
5.0
1.0
2.0
lot (2) 1. O/lot
10t(3) 2.0/lot
12.0
18.0
12.0
12.0
12.0
12.0
O.S.R. (1)
0.2
0.2
0.2
0.3
0.5
0.5
0.8
1.0
1.0
.85
0.6
0.8
0.9
0.8
0.99
0.9
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
(1) See additional open space ratios in 9.5-3431 in accor-
dance with Section 9.5-3(a), the most restrictive of these
ratios applies.
(2) Tracts in IS when left vacant and undivided shall be
allocated one dwelling per 12,500 square feet.
(3) The allocated density shall only be developed as one
single-family dwelling or one duplex on site. In the event
a single-family dwelling has been built, the owner has one
dwelling unit for TDR purposes.
(4) Tracts in URM when left vacant and undivided shall be
allocated one dwelling unit per 8000 square feet."
George Kundtz addressed the Board. Motion carried unani-
mously.
PD l30N Amending Section 9.5-267, Monroe County Code,
in order to provide for the elimination of Recreational
Rental category from the Urban Commercial and Urban
Residential Mobile Home Districts1 clarification that
recreational vehicles are allowed within the (SS)
Campgrounds District provided allocated and maximum net den-
sities are met1 allocated and maximum net densities for spa-
ces per acre in the Spoil Island Campground District1 the
modification of the Institutional Residential category in
the Mixed Use District1 TO READ AS FOLLOWS:
"Section 9.5-267 Maximum Hotel-Motel,
Recreational Vehicle and
Institutional Residential
Densities
00
127
Land Use
District and Use
Urban Commercial
Hotel
Inst. Res.
Urban Residential
Inst. Res.
Urban Residential Mobile
Home
SubUrban Commercial
Hotel
Inst. Res.
Rec. Rental
SubUrban Residential
Hotel
Inst. Res.
Rec. Rental
Sparsely Settled
Campgrounds
Hotel
Offshore Islands
Campgrounds
Spoil Island-
Campgrounds
Destination Resort
Hotel
RV
Hotel
Rec. Rental
Mixed Use
Hotel
Inst. Res.
Rec. Rental
Maritime Industries
Hotel
Military Facilities
Inst. Res.
Parks and Refuge
Hotels
Campgrounds
Allocated
Density
(rooms/
gross
acre)
Maximum
Net Density
(rooms/net
buildable
acre)
O.S.R. (1)
15.0
15.0
10.0
24.0
24.0
20.0
0.2
0.2
0.2
0.2
15.0
5.0
15.0**
20.0
20.0
15 . 0 * *
0.0
0.0
0.0
5.0
3.0
5.0**
20.0
6.0
15.0**
0.5
0.5
0.5
5.0***
5.0
2.0
2.0
15.0
15.0
15.0
15.0
10.0
15.0**
15.0***
20.0
0.8
0.8
lO .0 * * *
0.9
0.6
0.2
10.0***
30.0
15.0
20.0**
NG
NG
15.0
20.0
15.0**
0.2
0.2
0.2
0.0
15.0
20.0
10.0
5.0
5.0***
20.0
20.0
20.0***
0.2
0.9
0.9
* See additional open space ratios on Chapter 9, Division
8; in accordance with Section 2-l01A, the most restrictive
of these ratios applies.
** Recreational vehicle or campground spaces per acre.
*** Campground spaces per acre.
NG Not Gi ven n
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to accept the recommendation of DRC
for approval as follows and also to delete section
9.5-234(a)(3) and renumber 4 and 5 as 3 and 4. Motion
carried unanimously.
"Section 9.5-267 Maximum Hotel-Motel,
Recreational Vehicle and
Institutional Residential
Densities
00 28
Land Use
District and Use
Urban Commercial
Hotel
Inst. Res.
Urban Residential
Inst. Res.
Urban Residential Mobile
Home
SubUrban Commercial
Hotel
Inst. Res.
Rec. Rental
SubUrban Residential
Hotel
Inst. Res.
Rec. Rental
Sparsely Settled
Campgrounds
Hotel
Offshore Islands
Campgrounds
Destination Resort
Hotel
RV
Hotel
Rec. Rental
Mixed Use
Hotel
Inst. Res.
Rec. Rental
Maritime Industries
Hotel
Military Facilities
Inst. Res.
Parks and Refuge
Hotels
Campgrounds
Allocated
Density
(rooms/
gross
acre)
Maximum
Net Density
(rooms/net
buildable
acre) O.S.R.(l)
15.0
15.0
10.0
24.0 0.2
24.0 0.2
20.0 0.2
15.0 20.0
5.0 20.0
15.0** 15.0**
5.0 20.0
3.0 6.0
5.0** 15.0**
5.0*** 15.0***
5.0 20.0
2.0*** 10.0***
15.0 30.0
15.0 15.0
15.0** 20.0**
15.0 l5.0
10.0 20.0
15.0** 15.0**
15.0 20.0
10.0 20.0
5.0 20.0
5.0*** 20.0***
0.2
0.0
0.0
0.0
0.5
0.5
0.5
0.8
0.8
0.9
0.2
NG
NG
0.2
0.2
0.2
0.0
0.2
0.9
0.9
*
8~
of
**
***
See additional open space ratios on Chapter 9, Division
in accordance with Section 2-l01A, the most restrictive
these ratios applies.
Recreational vehicle or campground spaces per acre.
Campground spaces per acre."
PD l30N Amending Section 9.5-269, Monroe County Code,
in order to provide for a change in the Floor Area Ratio in
the Commercial Fishing Village District~ additions to the
table of maximum non-residential land use intensities of the
following categories and subcategories: Urban Residential -
Institutional (0.30) and Public Buildings and Uses (0.30)~
Urban Residential-Mobile Home - Low Intensity Commercial
Retail (0.30) and High Intensity Commercial Retail (0.20)~
Suburban Residential - Public Buildings and Uses (0.25) and
Institutional (0.25)~ Sparsely Settled - Public Buildings
and Uses (0.20)~ Native Areas - Public Buildings and Uses
(0.20)~ Parks and Refuge - Public Buildings and Uses (0.20);
TO READ AS FOLLOWS:
Section 9.5-269 Maximum Non-Residential
Land Use Intensities
00 1 2 9
Land Use
District and Use
Maximum
Floor Area
Ratio
O.S.R. (1)
Urban Commercial
Commercial Retail
- Low Intensity
- Medium Intensity
- High Intensity
Offices
Commercial Recreation
Institutional
Outdoor Recreational
Public Buildings
Urban Residential
Institutional
Public buildings and Uses
Urban Residential-Mobile Home
Commercial Retail
- Low Intensity
- Medium Intensity
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
Improved Subdivision
Commercial Retail
- Low Intensity
- Medium Intensity
Offices
Commercial Fishing Area
Commercial Fishing
Light Industrial
Commercial Retail, Low
and Medium Intensity
Commercial Fishing Village
Commercial Fishing
CFSD 1 (all)
Commercial Retail
- Low Intensity
- Medium Intensity
- Commercial Fishing
- Light Industrial
CFSD 2
Commercial fishing
CFSD 3
Commercial Retail
- Low Intensity
- Medium Intensity
0.45
0.40
0.35
0.45
0.15
0.40
0.15
0.35
0.30
0.30
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
(3)
(3)
0.2
0.2
0.35
0.25
0.15
0.40
0.10
0.30
0.10
0.30
0.30
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
(3)
(3 )
(3)
0.25
0.25
0.20
0.20
0.5
0.5
0.5
0.5
0.5
0.8
0.6
(3)
(3)
( 3 )
0.50
0.40
NG
NG
NG
0.2
0.2
0.40
0.2
0.40
0.2
0.35
0.25
0.40
0.30
0.40
0.2
0.2
0.2
0.2
0.2
0.35
0.25
0.2
0.2
00 30
Commercial Fishing
Light Industrial
CFSD 5
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 6
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
Industrial
Light Industrial
Heavy Industrial
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
Maritime Industries
Commercial Retail, Low and
Medium Intensity
Offices
Public Buildings and Uses
Commercial Fishing
Light Industrial
Heavy Industrial
Military Facilities
Military Uses
Commercial Retail, Low and
Medium Intensity
Offices
Public Buildings and Uses
Airport
Airport Uses
Parks and Refuge
Public Buildings and Uses
0.40
0.30
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.40
0.25
0.50
0.30
0.40
0.40
0.2
0.2
0.2
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.35
0.25
0.40
0.30
0.30
0.40
0.50
0.60
0.45
0.35
0.50
0.30
0.40
0.30
0.0
0.0
0.0
0.0
0.0
0.0
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
8~ in accordance with Section 2-101A, 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 per lot stated in
Division 2, permitted uses shall prevail."
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to accept the recommendation of DRC for
approval as follows and noting that DRC recommends reduction
in floor area ratios. Motion carried unanimously.
"Section 9.5-269 Maximum Non-Residential
Land Use Intensities
Land Use
District and Use
Maximum
Floor Area
Ratio
O.S.R.(l)
Urban Commercial
Commercial Retail
- Low Intensity
- Medium Intensity
- High Intensity
Offices
Commercial Recreation
0.45
0.40
0.35
0.45
0.15
0.2
0.2
0.2
0.2
0.2
00 1 .3 1
Institutional
Outdoor Recreational
Public Buildings
Urban Residential
Institutional
Public buildings and Uses
Urban Residential-Mobile Home
Commercial Retail
- Low Intensity
- Medium Intensity
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
Improved Subdivision
Commercial Retail
- Low Intensity
- Medium Intensity
Offices
Commercial Fishing Area
Commercial Fishing
Light Industrial
Commercial Retail, Low
and Medium Intensity
Commercial Fishing Village
Commercial Fishing
CFSD 1 (all)
Commercial Retail
- Low Intensity
- Medium Intensity
- Commercial Fishing
- Light Industrial
CFSD 2
Commercial fishing
CFSD 3
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 5
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 6
Commercial Retail
- Low Intensity
0.40
0.l5
0.35
0.30
0.30
0.2
0.2
0.2
0.2
0.2
(3)
(3)
0.2
0.2
0.35
0.25
0.15
0.40
0.10
0.30
0.10
0.30
0.30
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
(3 )
(3)
( 3 )
0.25
0.25
0.20
0.20
0.5
0.5
0.5
0.5
0.5
0.8
(4)
(3)
(3 )
(3)
0.50
0.40
0.2
0.2
0.2
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
0.40
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.35
0.2
0032
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 7
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Institutional
Public Buildings and Uses
Light Industrial
Heavy Industrial
CFSD 8
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 12
Commercial Fishing
CFSD 13
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 14
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
CFSD 15
Commercial Retail
- Low Intensity
- Medium Intensity
Commercial Fishing
Light Industrial
Mixed Used
Commercial Retail
- Low Intensity
- Medium Intensity
- High Intensity
Commercial Recreational
Institutional
Outdoor Recreational
Public Buildings and Uses
Offices
Commercial Fishing
Light Industrial
Industrial
Light Industrial
Heavy Industrial
Public Buildings and Uses
Restaurants
Offices
Commercial Fishing
Maritime Industries
Commercial Retail, Low and
Medium Intensity
Offices
Public Buildings and Uses
Commercial Fishing
Light Industrial
Heavy Industrial
0.25
0.40
0.30
0.2
0.2
0.2
0.40
0.40
0.35
0.40
0.35
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.35
0.25
0.40
0.30
0.40
0.2
0.2
0.2
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.35
0.25
0.40
0.30
0.2
0.2
0.2
0.2
0.35
0.25
0.15
0.10
0.30
0.10
0.30
0.40
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
0.40
0.25
0.50
0.30
0.40
0.40
0.30
0.40
0.50
0.60
0.45
0.35
0.2
0.2
0.2
0.2
0.2
0.2
00
133
Military Facilities
Military Uses 0.50 0.2
Commercial Retail, Low and
Medium Intensity 0.30 0.2
Offices 0.40 0.2
Public Buildings and Us es 0.30 0.2
Airport
r-' Airport Uses 0.10 NG(2)
Parks and Refuge
Public Buildings and Uses 0.20 0.9
1. See additional open space ratio in this article; in
accordance with Section 9.5-343, 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 per lot stated in this
article, permitted uses shall prevail.
4. See open space ratios in Table 9.5-262 for "Native"."
There being no further business, the meeting was
adjourned.
*
*
*
*
*
-.;;
I
r
PLANNING CO!" ISS10N
Approval (LI
No. 101/10::
DRC
DRC recomml,r s no change to exis ting nll". The current regulations are
liberal enul' h to allow development.
PLANNING ~P_~! ISSIClN
Denial (4/(1)
o
No. 102
TIRC
DRc recomml~r S ilpproval as corn>ct.f'd.
\
\
C. High n~rn_o_coJ:_illigp.~uali!y L
All sU etuTes developed, Ilsed or occnpied on parcels of land that
are e"E' I!,]ted as high quality High HAmmock according to the
habitat evaluation ind(~x set our in Section 9-805 shall be
desigll! , located Rnd constructNl s1lch thAt:
1.
il] 1 is ted threatened Bnd enchngered plant species are
pI served, protected or relocated pursuant to a trans-
pl ntation tt~~~p~tt~tJ~~ program approved as a part of
a onditional use permit or a site preparation permit in
IlC ordance with section 9.5-3f'!j;
2. :'h edges and general dome configuration of the hammock are
pI served in their natUrEd form;
; I
3. [~pss the development involves clearing of less than 10% of
It high quality hammock, nIl trees with a diameter at breast
he. ght (DBH) of greater UWIl '\-1/2 inches shall be preserved
(ll r(~located pursuant to a t..ranspJ antation
It #t>rfft/1tl~~ program approved as il part of a conditional
LIS p(~rmit or site prepar8Uon permit. #~ ~U ;,Pr.f-I-'ltr.tl
U f~~ ~f\1in .)S~ t>N#frrf~ 10 r~fJt yl~r0tn f~t'lti
If./ / / If.); i1ti1i~ cPf- tMr/ll-tM. ~#yi ~pMrf ~tl~n ~r. 'It#tlt~f..tlr.~ I-tl
~.~ It ~~t~t~~ ~~~~I-tl-~~' t0tJ0~tyit t~~ pt~~r.t*~tf.._tl _I
il). J f~tr/rlf ~yl~ ##t~t~t"l ;7f.'lftfitl-r/Jit!
4. Jl specimen trees shall b0 preserved in their natural
:0 Htion.
.3-r~r'
p ~ IOf'D~ II
E;<J,f,lJlor A
5. AI] areas of required open spnce shall he maintained in
tb.,ir natural condit ion, including the preservation of
r:lid.-story and 1!Ivli~rstory vegetation.
6. All. areas of n'qu in~d open ~;pnce shall have m1nllTIUm dimension
of two hundred (2')0) feet rind a minimum area of nt least
or>~-half (1/2) nere.
8. '::'hq habitat of t.hreat(~necl nd endangered animals shall be
pPJserved.
8. All areas of distl\rbance shall be managed to avoid the
introduction ntd/'1r establ ishment of invasive exotic species;
9. All invasive exotic species shall be removed from the parcel
proposed for development.
D. !!!&h..J~mmock (Mo~l~-.!i1J.:e J21~?)ity}
All str1lctures, devploped, used or occupied on parcels of land
evaluated as moderAt.e quality lLigh Hammock according to the
habitat evaluation ind(~x set (dlt in Section ~f~W1> 9.5-339
shall [9 designed, locnted and constructed such that:
1. All listed threatened and endangered plan species are
preserved, prot.ected or relocated pursuant to a trans-
plantation progrnm approved as part of a conditional use
permit in accordance witli Section ~f7Jf/J1 9.5-344.
2. Al 1 trees ~dth 11 diameter at breast height (dbh) of greater
ttan 3 1/2 inclte:-; shall be preserved or relocated pursuant to
a transplant11t i.on program npproved as a part of n conditional
u~e permit;
3. All specimen trees shall he preserved in their natural
condition.
4. All areas reqnired open 8pnce shall be maintained in their
natural condition, including the preservation of mid-story
and understory vegetation;
5. Al 1 areas of disturbance shall be managed to avoid the
iLtroduction and/or estalllishment of invasive exotic species;
6. All invasive species sha: 1 be removed from the parcel
proposed for development.
E.
Hi~h Hammock (LO\~__Q~l1!J gy)
All structures) devEdoped, uSE'd or occupied on a parcel of land
evaluated as low quality High lfnmmock according to the habitat
evaluat ion index set out in Section 'JfW/J$ 9.5-339 shall be
designed, located and constructed such that:
J I
>".""!~""~
1. All listed threatened and endangered plan species are
preserved, protected or relocated pursuant to a trans-
plantation program approved as part of a conditional use
permit in accordance with Section 9f~J0 9.5-344.
2. All specimen trees ~hall be preserved in their natural
condition;
3. All areas of disturbance shall be managed to avoid the
introduction awl/or establ ishment of invasive exotic specL''';;
and
4. All invasive species shall be removed from the parcel
proposed for development.
F.
Low Hammock (High Qu~~!Yl~
All structures, developed, used or occupied on a parcel of land
evaluated as high quality Low Hammock according to the habitat
evaluation index set Ollt in Section 9f~0~ 9.5-340 shall be
designed, located and constructed such that:
I:'
1. All listed threatened and endangered plan species are
preserved, protected or relocated pursuant to a trans-
plantation program approved as part of a conditional use
permit in'accordance with Section ~f~J0 9.5-344.
2. All trees with a diameter at breast height (dbh) of greatc;'
than 3 1/2 inches shall be preserved or relocated pursuant to
a transplantation program approved as a part of a conditional
use permit;
3. All specimen trees shall be preserved in their natural
condition, including undElrstory and ground vegetation;
4. All areas of required open space shall have minimum dimens:nn
of two hundred (200) feet and a minimum area of at least
one-half (1/2) acre.
5. The habitat of threatened and endangered animals shall be
preserved;
6. All areas of disturbance shall be managed to ~void the
introduction and/or establishment of invasive exotic specips;
7. All invasive species shall be removed from the parcel
proposed for development.
G. Low Hammock (Moderat!,,-_QI!ill.H.L'..:.
All structures, develop(~d, uSE~d or occupied on a parcel of land
evaluated as Jrpr.p moderate quality ;f.ltli Low Hammock
according to the habitat evaluation index set out in Section
?f~~~ 9.5-340 shall be designed, located and constructed such
that:
I
/
1.
All listed threatened and endangered plan species are
preserved, protected or relocated pursuant to a trans-
plantation program approved as part of a conditional use
permit in accordance with Section ?f~~~ 9.5-344.
2. All specimen trees shall be preserved in their natural
condition;
3. All areas of required open space shall be maintained in their
natural condition, including understory and ground vegetation;
4. All areas of disturbance shall be managed to avoid the
introduction and/or establishment of invasive exotic species;
and
..
5. All invasive exotic species shall be removed from the parcel
proposed for development.
H.
Low Hammock (Low Quality).
All structures, developed, used or occupied on a parcel of land
evaluated as low quality Low Hammock according to the habitat
evaluation index set out in Section ?f~~~ 9.5-340 shall be
designed, located and constructed such that:
.
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1. All listed threatened and endangered plan species are
preserved, protected or relocated pursuant to a trans-
plantation program approved as part of a conditional use
permit in ,accordance with Section 9-810.
2. All specimen trees shall be preserved in their natural
condition;
3. All areas of disturbance shall be managed to avoid the
introduction and/or establishment of invasive exotic species;
4. All invasive exotic species shall be removed from the parcel
proposed for development.
T. Palm Hammock
All structures developed, used or occupied on a parcels of land
evaluated as Palm Hammock according to the habitat evaluation
index set out in Section ?f~~7 9.5-341 shall be designed,
located and constructed such that:
1. All listed threatened and endangered plant species are
preserved, protected or relocated pursuant to a trans-
plantation program approved as a part of a conditional use
permit in accordance with Section ?f~l~ 9.5-344;
2. All areas of required open space shall be maintained in their
natural condition, including mid-story and understory and
ground vegetation;
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3. All areas of disturbance shall be managed to avoid the
introduction 8nd/01 astanl ishment of invasive cxot.ic sppc 's:
4. All areas of n~quirpd op<!TI spilce shall have a minimum
dimension of two hundred (200) feet and a minimum area 01
one-half (1/2) acre;
5. The habitat of threatened and endangered animals shall b<'
preserved;
6. All trees with a diameter at breast height (dbh) of greatr'
than 3 1/2 inches shall be preserved or relocated pursuant t
a transplantation progran; Approved as a part of a conditj.'11
use permit;
7. All specimen trees shall be preserved in their natural
condition; and
8. All invasive species shall be removed from the parcel
proposed for ~evelopment.
J. Pine lands (Hi&h~.<!lityL
All structures developed, llsed or occupied on land which is a p irt
of a high quality Pinela:nds shall be designed, located and
constructed such that:
1. All listed threatennd and endangered plant species are
preserved, protected or relocilted pursuant to a trans-
plantation program approved as a part of a conditional IlS'~
permit in accordancp with Section ~f~10 9.5-344;
2. All structures arc separated from the body of the pineland
by a clear, unvegetnted fire break of at least fifteen (L
feet width;
3. All areas of; dist1Jrbance~. shall be managed to avoid the
introduction and/or establishment of invasive exotic speci,
4. All invasive exotic species shall be removed from the pare.
proposed for development;
5. The habitat of thrNI tened and endangered animals shall be
preserve; and
6. All specimen trees shall be preserved in their natural
condition.
K. Pinelands (Low Quali!Y)...
All structures developed, used or occupied on land which is " 1=' t
of a low quality Pinellluds shall be designed, located and
constructed such that:
1. All listed threatened and endangered plant species are
preserved, protected or relocated pursuant to a trans-
J
plantation program approved as a part of a conditional use
permit in accordance with Section ~f~J~ 9.5-344;
2. All areas of disturbances shall be managed to ovoid the
introduction and/or establishment of invasive exotic species;
3 All invasive exotic specjes shall be removed from the parcel
proposed for development; and
4 All specimen trees shall be preserved in their natural
condition.
L.
Beach- berm Complex.
All structures developed used or occupied on parcels of land which
are classified as a part of a Beach-berm Complex shall b~
df'signed, located and constructed such that:
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1. All structures are elevated on pilings or other supports;
2. No beach berm material is excavated or removed and no fill is
deposited on a beach berm;
3. The clearing of beach-berm vegetation is limited to the
minimum clearing required to allow development of a permitted
use;
4. All areas of disturbance are managed to avoid the intro-
duction and/or establishment of invasive exotic species;
5. All invasive exotic species shall be removed from the parcel
proposed for development;
6. No outdoor lighting shall be installed;
7. No structure shall be loc:ated within fifty (50) feet of any
portion of any beach-berm complex which is known to serve as
an active nesting, or resting areas of marine turtles, terns,
gulls or other birds; and
8. No structure other than E!levated walkways shall be located on
the waterside of the top of the dune or berm.
M. Mangroves and Submerged Lands "
1. Except as provided in suhsection 3, only piers, docks,
utility pilings and walkways shall be permitted on
~~~~r.tg~~ J~~~~ ~~~ Mangroves and Submerged Lands;
2. All structures on any suhmerged lands and mangroves shall be
designed, located, and c:on~tructed such that:
a. All structures shall be constructed on pilings or other
supports.
b Bulkheac(c nnd seawalls shall be permitted only to
stabilize. elL;! llrbed shorelines or to replace deteri-
orat.ed ('~. ist Lng bulkheads and seawalls.
c No ~;truct \Jrc~ shall be located on submerged land which is
vegetatel wict sea grasses except as is necessary to
reC1ch ,UdCl'S c,f at least 4' feet below mean low level
for doc~ng fEcilities.
d. No dock~llQ: [lei) ity shall be developed at any site
unless n minimum chnnnel of twenty (20) feet in width
where 11 menn low water depth of at least minus four feet
(-4') exicts.
3. l\o fill sha1 1e Df'rm itted in any natural water body;
4.
~') fill shali 1:1' ;)f'rmittf~d in any man made water body unless
tile app1 icant pmOI!stratps that the activity will not have a
s i.gnificant lle1\'CrSf j mpact 011 natural marine communities; and
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5. /;11 development otb(~r thEm single family detached dwelling
units shall mil~e adequate provision for a water quality
rronitoring program for a period of five (5) years after the
completion 0+ the development.
N. Freshwater Wet1i:!nds ~
1. (nly utility ]1' 1 ings and elevated walkways shall be permitted
in Freshwater Wetlands;
2. Pll structures in freshwater wetlands shall be constructed on
Iilings or othpr supports; and
3. t-o fill shall be permitted in any freshwater wetland.
o. DistUIbed Lands.
All structures developed, used or occupied on land which are
classi fied as Dis tudJed on the Existing Conditions Map shall be
desigril1ted, located and constructed such that:
1. en lands clas:"i:i fied ns disturbed with high hammock:
f. All listed threatened and endangered plan species are
preserved, protected or relocated pursuant to a
transplantation program approved as a part of a
condi tioI~1I1 use permit j n accordance with section
? f ?> ~ '/J 9 ,. %!~ ;
t. All spec imen t rees ~;hal1 be preserved in their natural
concli t ion;
c. All areas of disturbance shall be managed to avoid the
introduction .:wel/or establishment of invasive exotic
species; llnd
c. All invasive exotic species shall be removed from the
parcel proposed for development.
2. en lands classified as disturbed with low hammock:
"
a. All listed threatened and endangered plant species are
preserved, protected or relocated pursuant to a
transplantation program approved as a part of a
conditional use permit in accordance with Section 9-810;
b. All areas of disturbance shall be managed to avoid the
introduction and/or establishment of invasive exotic
species;
c. All invasive exotic species shall be removed from the
parcel proposed for development; and
d. All specimen trees shall be preserved in their natural
condition.
3. On lands classified as Disturbed with beach berm:
c.
All structures are elevated supports; _
No beach berm material is excavated or removed and no
fill is deposited on a beach berm;
The clearing of beach-berm vegetation is limited to the
minimum clearing required to allow development of a
permitted use;
All areas of disturbance are managed to avoid the
introduction and/or establishment of invasive exotic
species;
No outdo~r lighting shall be installed;
c
a.
b.
d.
e.
f. No structure shall be located within fifty (50) feet of
any portion of any beach-berm complex which is known to
serve as an active nesting or resting areas of marine
turtles, terns, gulls or other birds; and
g. No structure other than elevated walkways shall be
located on the waterside of the top of the dune or berm.
4. On land classified as disturbed with salt marsh and
buttonwood associations:
a. No fill shall be placed on a parcel proposed for
development except for fill in conjunction with an
accessway that complies with the requirements of
Section ?I~~~ ~ !~} ~t !~J 9.5-345(b)(2)and(3);
b. All structures except for surface access roads shall be
elevated on pilings or other supports such that the
natural hydrologic regime of the site is not altered;
c. Access to any structure shall be elevated structure or
surface road or path that is designed and c6nstructed
such that the natural movement of water including
volume, rate and direction of flow will not be
substantially disrupted or altered; and
d. Wastewater treatment shall be provided by:
(i) a waterless toilet approved by the Florida
Department of lIealth and Rehabilitative Services; or
(ii) Wastewater treatment system that is located or
discharges in or on an upland habitat type.
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5. On lands classified as disturbAd with slash pine:
11.
All listed threatened and endangered plant species Ilre
preserved, protected or relocated pursuant to a
transplantation program approved as a part of a
conditional use permit in accordance with Section 9-810;
All areas of disturbance shall be managed to avoid the
introduction and/or establishment of invasive exotic
species;
All invasive exotic species shall be removed from the
parcel proposed for development; and
All specimen trees shall be preserved in their natural
condition.
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b.
d.
PLANNING COMMISSION
Approval 6, amended by the Development Review Committee (4/0)
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