02/23/1989 Public Hearing
NN 155
Public Hearing/Special Meeting
Board of County Commissioners
Thursday, February 23, 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 John Stormont, and Vice Chairman EUgene Lytton.
Absent from the meeting was Mayor Michael Puto. Also pre-
sent 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.
vice Chairman Lytton advised that Mayor Puto was a
member of the State Association of County Commissions'
Legislative Committee and was attending very important
meetings concerning the matters to be considered before the
1989 Legislature.
Garth Coller, Assistant County Attorney, addressed
the Board concerning procedures and the provisions of the
law concerning those who wished to produce a record for
possible appeal.
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to consider Amendment PD 67 first
today. Motion carried unanimously.
PD 67 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; TO READ AS FOLLOWS:
"(7) Flea Markets, provided that:
a. The operator of the flea market
is the holder of a valid Monroe
County occupational license;
b. The parcel proposed for development
has an area of at least 1 acre;
c. Fifty percent of the parcel must
be set aside for offstreet parking;
d. The parcel of land on which the
flea market is to be located abuts
the right-of-way of US 1;
e. Access to US 1 is by way of -
1. An existing curb cut;
2. A signalized intersection;
or
3. A curb cut that is separated
from any other curb cut by
at least 400 feet.
f. The parcel of land to be used as a
flea market is separated from any
existing residential use by a
Class "E" bufferyard;
g. Sanitary facilities must be available
on site; and
h. The use is fenced or otherwise secured
from entry by unauthorized persons."
NN
1.56
The following persons addressed the Board: Blackie
Alexander, David Paul Horan (representing the Big Pine Flea
Market), James P. sutton, Cynthia Sais, Reverend James
Young, Rose Vaughn, Mark Smith, Debbie Pearl, Vern Pokorski,
John Scharch, David Woodlen, Jerry Barnett, Gil Nix. Motion
was made by Commissioner Harvey that flea markets remain SC
with the hiring of security guards. Motion died for lack of
a second. Motion was then made by Commissioner Harvey to
give the flea market owners the same rights as they now have
plus control over the traffic. The Planning Director
address the Board. After discussion, motion was withdrawn.
After very lengthy discussion, motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
continue to the meeting of March 1st without any additional
public input and to direct Staff to meet with David Paul
Horan to work together and bring back to the Board a pro-
posed final version of the amendment and a definition of
Flea Market and assure that it has uniform existence. Roll
call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Harvey that the following items
would be considered as "Bulk Approval" items for final adop-
tion at the end of today's meeting: PD 49 - Planning
Commission's amendment; PD 50 - Planning Department and
Planning Commission approval; PD 52 - Planning Department
and Planning Commission approval; PD 54 - denial per
Planning Department and Planning Commission; PD 55 - denial
per Planning Department and Planning Commission; PD 57 -
Planning Department and Planning Commission to deny; PD 59 -
Planning Department and Planning Commission to approve;
PD 62 - Planning Department and Planning Commission to deny;
PD 66A through PD 66L - Planning Department and Planning
Commission to approve; PD 75 - Planning Department and
Planning Commission to approve; PD 79 - Planning Department
and Planning Commission to approve; PD 86 - Planning
Department and Planning Commission to approve; PD 88 -
Planning Department and Planning Commission to deny; PD 90 -
Planning Commission's recommendation; PD 90A - Planning
Commission's recommendation; PD 95 - Planning Department and
Planning Commission to deny. Motion carried unanimously.
Motion was made by Commissioner stormont and
seconded by Commissioner Harvey to withhold and postpone to
March 21st at 5:00 p.m. the following proposed Amendments:
PD lOA, PD 14, PD l8A, PD l8B, PD 20, PD 21, PD 63, PD 7lA,
PD 87. Motion carried unanimously.
PD 46 Amending Section 9.5-70(b), Monroe County Code,
in order to provide for final development plan subsequent to
approval of conditional use permit. This amendment would
eliminate this section in order to eliminate the final plan
as an option to the land owner; this amendment would require
the final plan as a condition of the major conditional
approval; TO READ AS FOLLOWS:
"(b) Authority: The final plan shall be
submitted to the director of planning
within thirty (30) days of the rendering
of the develoment order for the
conditional use permit. The final plan
may be submitted in phases if phases have
been approved as part of approval at such
time as is established in major conditional
use approval."
1.57
NN
Motion was made by Commissioner stormont and seconded by
Commissioner Jones to accept Planning Commission's recommen-
dation to approve but also to amend to insert the words
"representing conditions placed by the Planning Commission
required for development approval" after the word "plan" in
the first line above; and change the words "thirty (30)" to
"sixty (60)" in the third line above. Roll call vote was
unanimous.
PD 47 Amending Section 9.5-70(c), Monroe County Code,
in order to provde for the repeal of this section.
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to accept the recommendation of the
Planning Commission to approve the repeal of this section.
Roll call vote was unanimous.
PD 51
in order
approval
one year
Amending Section 9.5-8l(a), Monroe County Code,
to provide for the exemption from development plat
the division of land in two or more parcels within
in SR, SS and NA District; TO READ AS FOLLOWS:
"(4) The division of land into not more
than two parcels other than the remaining
parcel within a one-year period in SR, SS,
and NA will not require plat approval."
Cleare Filer and Al Fried addressed the Board. Motion was
made by Vice Chairman Lytton and seconded by Commissioner
Jones to substitute the following wording:
"(4) All metes and bounds subdivisions
which would be allowed by this subsection
must have as a minimum lot size that
required to place a single-family dwelling
unit as is required by this chapter in the
Land Use District in which the subdivision
is proposed and any subdivision shall be
subject to the disclosure statement
required by Section 9.8l(f) and shall be
limited to one such subdivision per year."
Roll call vote was unanimous.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners
present.
PD 48A Amending Section 9.5-7l(b), Monroe County Code,
in order to provide for a recordable resolution for the
release of recorded conditional uses; TO READ AS FOLLOWS:
"(b) Prior to the expiration of the time
periods described in Sec. 9.5-7l(a)(1)
and the commencement of any construction,
the owner of any property which is the
subject of a recorded conditional use
approval and who desires to abandon such
NN 1.58
approval shall petition the approving body
for the release of the recorded use which
body shall grant the release by resolution.
The resolution shall be a recordable
instrument. If the major conditional use,
which is the subject of the recorded
approval, has been constructed, or
partially constructed, the owner of the
site may petition the approving body for
the release, which shall also be by
resolution, but the body shall not grant
such a release unless it finds that the
major conditional use has been abandoned
or is presently in an irrevocable process
of abandonment. The resolution shall be
a recordable instrument."
After presentation by the Planning Director of an alter-
native approved by the Planning Commission, motion was made
by Commissioner Stormont and seconded by Commissioner Jones
to accept the Planning Commission's recommendation to
approve the Planning Department's alternative amended as
follows: delete the remainder of the sentence after the
word "shall" in the seventh line above and insert the
following in lieu thereof: "resubmit a petition that shall
be processed as a major conditional review."; delete the
word "resolution" in the sixth line from the bottom above
and insert in lieu thereof the words "a major conditional
review"; delete the word "release" in the fifth line from
the bottom above and insert the word "petition" in lieu
thereof; delete the last sentence above. Roll call vote was
unanimous.
PD 53 Amending Section 9.5-142, Monroe County Code,
in order to provide for the allowance of nonconforming com-
mercial structures to be rebuilt provided that the noncon-
forming use is not enlarged; TO READ AS FOLLOWS:
"All claims of nonconforming uses and
structures shall be made to the
development review coordinator in a form
provided by the director of planning.
The director of planning may establish a
process for non-conformities to be
registered prior to any claim of non-
conformity. Evaluation of nonconformity
claims and registrations shall be on a
case-by-case basis by the director of
planning based on the lawful nature of
the use or structure when established,
subject to appeal as provided in article
XII. The board of county commissioners,
at their discretion, may direct the
director of planning to issue notification
by category."
Motion was made by Commissioner Jones to accept the Planning
Commission's recommendation for denial. Motion died for
lack of a second. A representative of Key Deer Realty and
Maria Abadal of DCA addressed the Board. Motion was made by
Vice Chairman Lytton and seconded by Commissioner Jones to
accept the Planning Department's recommendation to approve.
Roll call vote was unanimous.
159
NN
PD 56 Amending Section 9.5-171, 9.5-172, Monroe County Code
in order to provide for bringing this section into closer
conformance with the Constitution with the united states of
America and the state of Florida; TO READ AS FOLLOWS:
No wording provided.
Al Fried and Garth Coller addressed the Board. Motion was
made by Commissioner Stormont and seconded by Commissioner
Jones to accept the Planning Commission's recommendation for
denial. Roll call vote was unanimous.
PD 58 Amending Section 9.5-205, Monroe County Code,
in order to provide for tracts of land which became URM on
September 15, 1986, may be subdivided into lots no less than
8,000 square feet in size subject to a major conditional use
permit review and plat approval; TO READ AS FOLLOWS:
"The purpose of the URM district is to
recognize the existence of established
mobile home parks and subdivisions, but
not to create new such areas, and to
provide for such areas to serve as a
reservoir of affordable and moderate-cost
housing in Monroe County. Tracts of
URM-zoned districts existent at the date
of the adoption of this chapter may be
subdivided into lots not less than 8,000
square feet in size subject to a major
conditional use permit review."
Maria Abadal addressed the Board. After discussion, motion
was made by Commisisoner Jones and seconded by Commissioner
Stormont to accept the Planning Department's recommendation
for approval amended as follows: insert the words "and sub-
divisions and tracts reserved for this kind of use," before
the word "but" at the end of the third line above. Roll
call vote was unanimous.
PD 60 Amending Section 9.5-213, Monroe County Code,
in order to provide for the subdivision of large tracts of
land that are designated IS into lots not less than 12,500
square feet in size subject to a major conditional use
approval and plat approval; TO READ AS FOLLOWS:
"The purpose of this district is to
accommodate the legally vested residential
development rights of the owners of lots
in subdivisions that were lawfully
established and improved prior to the
adoption of these regulations. For the
purpose of this section, improved lots are
those which are served by a dedicated and
accepted existing road of porous or non-
porous material, that have a Florida Keys
Aqueduct Authority-approved potable water
supply, and that have sufficient uplands
to accommodate the proposed use in
accordance with the required setbacks.
This district is not intended to be used
for new land use districts of this
classification within the County. Any
parcels shown on original plat of sub-
divisions designated IS after the
effective date of this chapter may be
NN
1.60
subdivided subject to a major conditional
development review at a lot size not less
than 12,500 square feet."
Maria Abadal and Vern Pokorski addressed the Board.
Motion was made by Vice Chairman Lytton and seconded by
Commissioner Jones to approve with the addition of the
following sentences: "Any tract designated IS on the effec-
tive date of this chapter may be subdivided pursuant to
Division 4 at a lot size not less than 12,500 square feet.
For the purpose of this section, a tract is that which is
identified as such in the Property Records of Monroe
County." Roll call vote was unanimous.
PD 61 Amending Section 9.5-213, Monroe County Code,
in order to provide for the repeal of the requirement that
IS lots have sufficient uplands to accommodate the proposed
single-family residential use in accorance with the required
setbacks; TO READ AS FOLLOWS:
"The purpose of this district is to
accommodate the legally vested residential
development rights of the owners of lots
in subdivisions that were lawfully
established and improved prior to the
adoption of these regulations. For the
purpose of this section, improved lots are
those which are served by a dedicated and
accepted existing road of porous or
non-porous material, that have a Florida
Keys Aqueduct Authority-approved potable
water supply. This district is not
intended to be used for new land use
districts of this classification within
the county.1I
Al Fried and Maria Abadal addressed the Board. Motion was
made by Vice Chairman Lytton and seconded by Commissioner
Jones to accept the Planning Director's recommendation to
rewrite to insert the following after the word "water" in
the fourth line from the bottom of the foregoing amendment:
IIsupply, and that have sufficient uplands to accommodate the
proposed use or have sufficient other lands or shall be
located on the least environmentally sensitive portions of
the site or combination thereof in accordance with required
setbacks and the environmental clustering criteria contained
in Section 9.5-345(a) and (b) to accommodate the proposed
use." Roll call vote was unanimous.
PD 64 Amending Section 9.5-231, Monroe County Code,
in order to provide for a specific tracking system for all
uses permitted in each land use district by the use of an
indicated use number and which will provide for quantifying
and qualifying the level of intensity of use within each
district; TO READ AS FOLLOWS:
"(d) Sub-district indicators:
1. Upon either issuance of development
permit or amendment to the land use
district map, the following sub-district
indicators shall be recorded for any lot
or parcel, according to the degree of
development permitted on that parcel:
a. Sub-district indicator "-1" - for any
use within any district permitted as of
right (i.e. SC-l);
NN 161
b. Sub-district indicator "-2" - for any
use within any district permitted as minor
conditional use (i.e. SC-2);
c. Sub-district indicator "-3" - for any
use within any district permitted as a
major conditional use (i.e. SC-3);
d. Sub-district indicator "AF" - for any
use within any district for affordable
housing;
e. Sub-district indicator "MO" - for
existing major development projects
lawfully entitled development rights
under Section 9.5-2(B)(4) a and b, as
well as those completed major developments
prior to December 12, 1985.
2. Such indicator shall serve to permit:
a. Changes of use within indicator range
without being taken to involve "development"
under Section 9.5-4, D-5 with the exception
of affordable housing;
b. Application for specific indicator
range amendment to the land use district
maps in order to assure development to
specific degrees in context of surrounding
uses;
c. Modification of amendments to land
use district maps by the board of county
commissioners in order to assure
development to specific degrees in context
of surrounding uses;
d. Implementation of time frame provisions
of Section 9.5-266, affordable housing.
"(e) Registration of uses existing on the
effective date of Comprehensive Land Use
Regulations which would be permitted as a
conditional use under the terms of these
regulations being deemed to have a
conditional use permit and which are not
considered to be non-conforming."
Motion was made by Commissioner Jones and seconded by Vice
Chairman Lytton to adopt as sponsored above. Roll call vote
was unanimous.
PD 65 Amending Section 9.5-233, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in the urban
residential district subject to specific standards; to read
as follows:
"3. Non-commercial operation of
ultra-light aircraft provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (10) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner Stormont and seconded by
NN- . 1.62
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 65A Amending Section 9.5-236, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in the subur-
ban residential district subject to specific standards; TO
READ AS FOLLOWS:
"8. Non-commercial operation of
ultra-light aircraft provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (10) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 65B Amending Section 9.5-238, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in sparsely
settled residential district subject to specific standards;
TO READ AS FOLLOWS:
"7. Non-commercial operation of
ultra-light aircraft provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (lO) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
NN
163
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 65C Amending Section 9.5-239, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in the native
area district subject to specific standards; TO READ AS
FOLLOWS:
"4. Non-commercial operation of
ultra-light aircraft provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (10) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 65D Amending Section 9.5-148, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in the mixed
use district subject to specific standards; TO READ AS
FOLLOWS:
"9. Non-commercial operation of
ultra-light aircraft provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (10) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner stormont and seconded by
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
NN- 164
Motion carried.
PD 65E Amending Section 9.5-235, Monroe County Code,
in order to provide for as a major conditional use the non-
commercial operations of ultra-light aircraft in suburban
commercial district subject to specific standards; TO READ
AS FOLLOWS:
"7. Operation of ultra-light aircraft
provided that:
a. The landing and departure approaches
do not pass over established residential
uses or known bird rookeries;
b. The aircraft are operated before
sunset or thirty (30) minutes after sunrise;
c. No more than ten (10) aircraft are
stored and/or operated from the parcel;
d. The aircraft storage and operations
areas do not intrude into the required
setbacks and bufferyards."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to approve Planning Commission's recom-
mendation for denial. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 68 Amending Section 9.5-235, Monroe County Code,
in order to provide for an increase in the level of review
for heliport and sea planes ports for minor conditional use
to major conditional use; TO READ AS FOLLOWS:
Repeal subparagraph (b)6) entitled
heliports and seaplane ports from the
minor conditional use section, re-
numbering the remaining two subparagraphs.
Add to the major conditional section, the
following as (7):
"Heliports or seaplane ports, provided
that:
a. the helicopter is associated with a
government service facility, a law
enforcement element or a medical
services facility;
b. the heliport or seaplane port is a
Federal Aviation Administration
certified landing facility;
c. the landing and departure approaches
do not pass over established
residential uses or known bird
rookeries;
d. if there are established residential
uses within 500 feet of the parcel
proposed for development, the hours
of operation shall be limited to
daylight; and
e. the use is fenced or otherwise secured
NN
1.65
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to accept the Planning Commission's
recommendation to approve as modified by inserting after the
word "operation" in the fourth line of subparagraph d above,
the following words "of non-emergency aircraft". Roll call
vote was unanimous.
PD 69 Creating a new Section 9.5-135 URM-L District,
Monroe County Code, in order to provide for permitted uses
within the proposed URM-L district to include mobile homes,
recreational vehicles, home occupation, accessory uses,
marina retail of low intensity of less than 2500 square feet
of floor area; TO READ AS FOLLOWS:
"Section 9.5-235, URM-L District.
(a) The following uses are permitted as
of right in the URM-L District:
1. Mobile homes;
2. Recreational vehicles, as provided
in Chapter 513, Florida Statutes;
3. Home occupations by special use
permit requiring a public hearing.
4. Accessory uses.
(b) The following uses are permitted as
major conditional uses in the URM-L district
subject to the standards and procedures set
forth in article VII, division 4:
1. Marinas, provided that:
a. The marina is primarily intended
and designed to serve the residents
of the district in which it is located;
b. The parcel proposed for development
has access to water of at least four
(4) feet below mean sea level at mean
low tide;
c. The sale of goods and services is
limited to fuel, food, boating and
diving and sport fishing products;
d. Vessels docked or stored shall not
be used for live-aboard purposes; and
e. All outside storage areas are
screened from adjacent uses by a solid
fence, wall or hedge of at least six
(6) feet in height.
2. Commercial retail of low intensity of
less than 2,500 square feet of floor
area, provided that:
a. The parcel of land on which the
commercial retail use is to be
located abuts that right-of-way of
US 1;
b. The structure must be located
within 200 feet of the centerline of
US 1;
c. The commercial retail use does
not involve the sale of petroleum
products;
d. The commercial retail use does
not involve the outside storage or
merchandise;
e. There is no direct access to
US 1 from the parcel of land on which
the commercial retail use is to be
located;
f. The structure in which the
commercial retail use is to be
NN *~ "1.66
located is separated from the US 1
right-of-way by a Class C bufferyard;
g. The structure in which the
commercial retail use is to be located
is separated from any existing
residential structure by a Class C
bufferyard; and
h. No signage other than one
identification sign of no more than
four (4) square feet shall be placed
in any yard or on the wall of
structure in which the commercial
retail use is to be located except
for the yard or wall that abuts the
right-of-way of US 1."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation to approve. Roll call vote was unanimous.
PD 70 Amending Section 9.5-235(c)(7), Monroe County Code,
in order to provide for specific performance standards for
industrial uses in SC as major conditional uses district;
for a minimum lot size; TO READ AS FOLLOWS:
"a. The parcel proposed for development
areas contains at least two (2) acres;
b. No use may emit from a vent, stack,
chimney, or combustion process any
smoke that is visible to the naked
eye;
c. All light industrial uses shall not
generate noise that has an annoying
or disruptive effect upon uses
located on nearby development;
d. The parcel proposed for development
is separated from any established
residential use by at least a
Class E bufferyard;
e. All development shall provide for an
enclosed or screened location for
storage of refuse, and such locations
shall be secure and sanitary. If the
manner of storage or collection
requires vehicle access, it shall be
provided in such a way so as not to
impair vehicular movement along public
roadways;
f. All development shall provide adequate
access for emergency services;
g. No industrial operation may operate
beyond the hours of 7 A.M. to 7 P.M.
unless the planning director as a part
of conditional review provides in a
written finding that extending the
hours of operation is consistent with
intent of the district and does not
create a nuisance on surrounding
property.
h. No use in any permissible business
district may generate any ground-
transmitted vibration that is
perceptible to the human sense of
touch measured at either the outside
boundary of the immediate space
occupied by the enterprise generating
NN 167
the vibration, if the enterprise is
one of several located on a lot, or
the lot line, if the enterprise
generating the vibration is the only
enterprise located on a lot;
i. No use may create any electrical
disturbance that adversely affects
any operations or equipment other
than those of the creator of such
disturbance, or otherwise cause,
create, or contribute to the
interference with electronic signals
(including television and radio
broadcasting transmissions) to the
extent that the operation of any
equipment not owned by the creator
of such disturbance is adversely
affected;
j. The lot on which the development is
to be located may not be used for the
temporary or permanent storage of
materials that are not utilized,
manufactured, processed or consumed
on site;
k. A parcel located adjacent to a major
street or scenic corridors as defined
by this chapter shall be separated
from said road or corridor by a
Class F buffer."
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to accept the Planning Department's
recommendation to approve but with the following amendments:
insert the words "whether light industrial or presently
existing as of the effective date of September 15, 1986,"
after the word "operation" in the first line of Subparagraph
g above; delete the word "permissible" in the first line of
Subparagraph h above; and add a new subsection 1 as follows:
"1. For the purposes of light industrial uses allowed
within this district, commercial fishing industries are
excluded." Roll call vote was unanimous.
PD 71 Amending Section 9.5-236, Monroe County Code,
in order to provide for addition of ancillary and supportive
motel uses to the suburban residential (SR) districts
existing major condition uses; TO READ AS FOLLOWS:
"6. Hotels of fewer than 25 rooms pro-
vided that:
a. The parcel proposed for development
is at least two (2) acres;
b. The parcel proposed for development
is separated from any adjacent
Residential District by a class D
bufferyard;
c. The use is compatible with the land
uses established in the immediate
vicinity of the parcel proposed for
development;
d. One or more of the following amenities
are available on site to the guests
of the motel:
(i) Waterfront activities including,
but not limited to boat rentals
and fishing docks,
NN
168
(ii) Swimming Pool,
(iii) Boat Docking,
(iv) Tennis Courts;
e. The following uses may be allowed as
ancillary and supportive of the
primary motel use:
(i) Commercial use of less than
5,000 square feet of floor
area provided use is incidental
to the principal use of the
parcel proposed for development,
(ii) Marinas provided that:
(a) access to the parcel by
water is by at least 4'
below sea level at mean
low tide;
(b) this marina involves only
the sale of food, fuel,
service for boats, diving,
sport fishing;
(c) vessels stored or docked
shall not be used for
liveaboard purposes.
(d) temporary boat storage may
be used for the use of
guests and must be screened
from adjacent uses by a
solid fence, wall or hedge
at least six (6) feet in
height."
George Kundtz addressed the board. Motion was made by
Commissioner Harvey and seconded by Commissioner Jones to
accept the Planning Department's recommendation to approve
with their alternative to limit commercial development to a
maximum of 2,500 square feet which must be ancillary to and
supportive of the motel use. Roll call vote was unanimous.
PD7lA Amending Section 9.5-267, Monroe County Code,
in order to provide for an increase in the allocated (rooms
per acre) density; TO READ AS FOLLOWS:
"Maximum hotel-motel, recreational vehicle and institutional
residential densities.
Land Use
District and Use
Allocated
Density
(rooms/acre)
Max. Net
Density
(rooms/buildable acre)
Urban Commercial:
Hotel
lnst. Res.
Rec. Rental
15 . 0 *
15.0
15.0*
24.0
24.0
15.0*
Urban Residential:
lnst. Res.
10.0
20.0
Urban Residential
Mobile Home:
Rec. Rental
5.0
7.0
SubUrban Commercial:
Hotel
Inst. Res.
Rec. Rental
15.0
5.0*
10 .0*
20.0
20.0
10.0*
NN
1.69
SubUrban Residential:
Inst. Res.
Hotel
Rec. Rental
3.0
10.0
5.0
6.0
12.0
10 .0*
Destination Resort:
Hotel
15.0
30.0
RV:
Rec. Rental
Hotel
15.0
15.0
15.0*
15.0
Mixed Use:
Hotel
Inst. Res.
Rec. Rental
Inst.
15.0
5.0
10 .0*
5.0
20.0
20.0
10 .0*
20.0
Sparsely Settled:
Campgrounds
5.0**
15.0**
Offshore Island:
Campgrounds
2.0**
10.0**
Maritime Industries:
Park Hotel
15.0
20.0
Military Facilities:
Inst. Res.
Park and Refuge
10.0
5.0
20.0
20.0
*Recreational vehicle or campground spaces per acre
**Campground spaces per acre
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation to approve amended as follows:
Urban Commercial:
Hotel 10 19
SubUrban Commercial:
Hotel 10 15
SubUrban Residential:
Hotel 5 15
Destination Resort:
Hotel 10 25
RV:
Hotel 10 15
Mixed Use:
Hotel 10 15
Maritime Industries:
Hotel 10 15
Parks and Refuge 5 10
with the amendment to change Suburban Residential: Hotel
from 15 Net Density to 12. Roll call vote was unanimous.
NN
1.70
PD 72 Amending Section 9.5-236(a)(5), Monroe County Code,
in order to provide for development as of right in the
suburban residential district for communication towers on
parcels of at least one acre with appropriate setbacks; TO
READ AS FOLLOWS:
11(5) Communication towers, provided that:
a. the parcel proposed is at least one
acre and
b. the tower is set back from the
property line a distance equal to
the height of the tower and any guy
supports are set back twenty (20)
feet from any property line."
Motion was made by Commissioner Stormont and
Commissioner Jones to approve as modified to
munication towers as major conditional uses.
was unanimous.
seconded by
permit com-
Roll call vote
PD 73 Amending Section 9.5-236(b)91)a, Monroe County Code,
in order to provide for the restriction of the total number
of units to four per building in the suburban residential
district; establishes the structural type of attached
dwelling units to be a quadroplex within the suburban resi-
dential district; TO READ AS FOLLOWS:
"(1) Attached residential dwelling units,
provided that:
a. The total number of units does not
exceed four (4) per building;
b. The structures are designed and
located so that they are visually
compatible with established
residential development within
two hundred fifty (250) feet of
the parcel proposed for develop-
ment; and
c. The parcel proposed for develop-
ment is separated from any
established residential use by a
Class C bufferyard."
Motion was made by Vice Chairman Lytton and seconded by
Commissioner Jones to accept the Planning Commission's
recommendation for approval. Roll call vote was unanimous.
PD 73A
The sponsor withdrew this amendment.
PD 74 Amending Section 9.5-236(b)(4)(a), Monroe County Cod~1
in order to provide for more lots within the suburban com-
mercial district to be developed as commercial for commer-
cial retail or office use in suburban residential districts
of less than 2500 square feet of floor area if abutted
either along US 1 or a public frontage road adjacent to
US 1; TO READ AS FOLLOWS:
"a. The parcel of land on which the
commercial retail use is to be
located abuts the right-of-way of
U.S. 1, or a dedicated right-of-way
to serve as a frontage road for U.S. 1.11
NN
1.71
Motion was made by Commissioner Jones and seconded by
Commissioner Harvey to accept the Planning Commission's
recommendation for approval. Roll call vote was unanimous.
PD 76 Amending Section 9.5-236(b)(5), Monroe County Code,
in order to provide for the possible allowance of duplex
dwellings within the residential district as a minor con-
ditional use; TO READ AS FOLLOWS:
"Duplex Dwelling units provided that:
a) The parcel proposed for development
is platted and improved lot of at
least 10,000 square feet in size and
in existence at the time of this
chapter.
b) The structures are designed and
located so that they are visually
compatible with established
residential development."
Motion was made by Commissioner Stormont and seconded by
Commissioner Harvey to accept the Planning Department's
recommendation for approval with the alternative of the
change of the word "structures" to "improvements" in sub-
paragraph b). Roll call vote was unanimous.
PD 77A Amending Section 9.5-238a(5), Monroe County Code,
in order to provide for Section 9.5-238 a(S) sparsely
settled residential district to allow communication towers
as-of-right where the proposed parcel exceeds one acre; TO
READ AS FOLLOWS:
"(a) The following uses are permitted as
of right in the Sparsely Settled
Residential District:
(1) Detached residential dwellings:
(2) Beekeeping;
(3) Home occupations-Special use
permit requiring a public hearing;
(4) Accessory uses;
(5) Communications towers, provided
that:
i. the parcel proposed is at
least one acre."
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to approve as modified to permit com-
munication towers as major conditional uses. Roll call vote
was unanimous.
PD 78 Amending Section 9.5-238(c)(6)(g), Monroe County
Code, in order to provide for a height allowance of eighty
(80) feet for landfills; TO READ AS FOLLOWS:
"c. No fill shall exceed eighty (80) feet
in height from the original grade of
the property."
George Kundtz and Vern Pokorski addressed the Board. Motion
was made by Commissioner Stormont and seconded by
Commissioner Harvey to accept the recommendation of Staff to
approve the following language for the amendment:
I
NN
172
"c. A maximum height of any landfill of
sixty-five (65) feet may be
established after individual study
of each landfill as to impacts on
the surrounding neighborhood and a
visual impact of surrounding area.
Such height may be achieved once a
base of 25% recycling of glass,
paper and other wood products is
achieved. A ten (10) foot increase
in height may be achieved for the
first 6% increase in recycling
achieved. Thereafter, a ten (10)
foot increase in landfill height may
be allowed for each 5% increase in
recycling achieved."
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Vice Chairman Lytton
Yes
No
Yes
Yes
Motion carried.
PD 80
This proposed amendment was withdrawn.
BULK APPROVAL
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to adopt the following items by
unanimous consent:
PD 49 Amending Section 9.5-72(a), Monroe County Code,
in order to provide for the substitution of the word appro-
val for permit; TO READ AS FOLLOWS:
"Approval for a conditional use shall be
deemed to authorize only the particular
use for which it is issued. A conditional
use approval shall not be transferred to
a successive owner without notification
to the development review coordinator
within five (5) days of the transfer.
(1) Unless otherwise specified in the
approved conditional use, application for
a building permit(s) shall be made within
six (6) months of the date of the approval
of the conditional use, and all required
certificates of occupancy shall be pro-
cured within two (2) years of the date of
issuance of the initial building permit,
or the conditional use approval shall
become null and void with no further
action required by the County. Permitted
time frames do not change with successive
owners. An extension of time may be
granted only by the body approving the
conditional use for a period not to exceed
one (1) year and only within the original
period of validity."
NN 173
Accept Planning Commission's recommendation for
approval with a modification to include the replacement of
the word "permit" with "approval in the entire Section
9.5-72.
PD 50 Amending Section 9.5-72(b)(3), Monroe County Code,
in order to provide for the approval of certain minor
deviations from approved final development plans by the
Planning Director with an administrative appeal to the
Planning Commission; TO READ AS FOLLOWS:
"The director of planning may approve a
minor deviation from the final development
plan and schedule. Minor deviations must
be authorized in writing and are subject
to administrative appeal to the planning
commission. Minor deviations which may
be authorized are those that appear
necessary in light of technical and
engineering considerations brought to
light by the applicant or the director of
planning and shall be limited to the
following:
a. Alteration of the location of any
road or walkway by not more than five (5)
feet;
b. Reduction of the total amount of open
space by not more than five (5) percent or
reduction of the yard area or open space
associated with any single structure by
not more than five (5) percent provided
that such reduction does not permit the
required open space to be less than that
required by Section 9.5-262 or Section
9.5-343;
c. Alteration of the location, type or
quality of required landscaping elements
of the conditional use permit."
Accept Planning Department's recommendation for
approval as approved by Planning Commission.
PD 52 Amending Section 9.5-ll2(a), Monroe County Code,
in order to provide for the requirement of a certificate of
compliance prior to the issuance of an alcoholic beverage
permit; TO READ AS FOLLOWS:
"(a) Certificate of Compliance Required:
A certificate of compliance shall be
required prior to issuance of any building
permit or alcoholic beverage use permit
when no other development aproval is
required other than a building permit."
Accept Planning Director's recommendation for
approval as approved by Planning Commission.
PD 54 Amending Article VI, Protection of Landowners'
Rights, Monroe County Code, in order to provide for the
repeal of the vested rights and beneficial use section.
Accept Planning Commission's recommendation for
denial.
NN :174
PD 55 Amending Section 9.5-171, Monroe County Code,
in order to provide for layman's definitions rather than the
legal definitions for beneficial use in order to make the
regulation more clear; TO READ AS FOLLOWS:
No Wording Provided.
Accept Planning Commission's recommendation for
denial.
PD 57 Amending Section 9.5-l8l{b), Monroe County Code,
in order to provide for the extension of the time period for
filing application for vested rights from one year of the
date of the adoption of the Land Development Regulations,
September 15, 1986, to three years of that date; TO READ AS
FOLLOWS:
"(b) Limitation: An application for a
determination of vested rights shall be
filed within three (3) years of the
effective date of this chapter or the
alleged vested right shall be deemed
abandoned. II
Accept Planning Commission's recommendation for
denial.
PD 59 Amending Section 9.5-205, Monroe County Code,
in order to provide for a Land Use District termed Urban
Residential Mobile Home Limited, for the purpose of
recognizing subdivisions and parks which consist exclusively
or almost exclusively mobile home in order to permit pro-
perty owners in such areas to replace or establish mobile
homes to below base flood elevation as authorized by Federal
Regulations and the flood plan management standards of this
chapter; TO READ AS FOLLOWS:
"Section 9.5-205. Purpose of the Urban
Residential Mobile Home-Limited District
(URML-L). The purpose of the URML-L is
to recognize the existence of parks and
subdivisions which consist exclusively,
or almost exclusively, of mobile homes,
but not to create new such areas, in
order to permit property owners in such
areas to replace or establish mobile
homes below base flood elevation as
authorized by certified federal
regulations. II
Accept Planning Commission's recommendation for
approval.
PD 62 Amending Section 9.5-213, Monroe County Code,
in order to provide for the creation of new improved sub-
division districts; TO READ AS FOLLOWS:
liThe purpose of this district is to
accommodate the legally vested residential
development rights of the owners of lots
in subdivisions that were lawfully
established and improved prior to the
adoption of these regulations. For the
purpose of this section, improved lots
NN
175
are those which are served by a dedicated
and accepted existing road of porous or
non-porous material, that have a Florida
Keys Aqueduct Authority-approved potable
water supply, and that have sufficient
uplands to accommodate the proposed use
in accordance with the required setbacks."
Accept Planning Commission's recommendation for
denial.
PD 66A Amending Section 9.5-232, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Urban Commercial District; TO
READ AS FOLLOWS:
"(6) Parks and community parks. II
Accept Planning Commission's recommendation for
approval.
PD 66B Amending Section 9.5-233, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Urban Residential District;
TO READ AS FOLLOWS:
"(3) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66C Amending Section 9.5-234, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Urban Residential Mobile Home
District; TO READ AS FOLLOWS:
"(3) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66D Amending Section 9.5-235, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Suburban Commercial District;
TO READ AS FOLLOWS:
"(9) Parks and community parks. II
Accept Planning Commission's recommendation for
approval.
PD 66E Amending Section 9.5-236, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Suburban Residential
District; TO READ AS FOLLOWS:
"(5) Parks and community parks. II
Accept Planning Commission's recommendation for
approval.
I
." "1.76
NN
PD 66F Amending Section 9.5-238, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Sparsely Settled Residential
District; TO READ AS FOLLOWS:
"(4) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66G Amending Section 9.5-239, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Native Area District; TO READ
AS FOLLOWS:
"(4) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66H Amending Section 9.5-240, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Mainland Native Area
District; TO READ AS FOLLOWS:
n(2) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 661 Amending Section 9.5-241, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Offshore Island District; TO
READ AS FOLLOWS:
"(b) The following uses are permitted as
minor conditional uses in the Offshore
Island District, subject to the standards
and procedures set forth in article III,
division 3:
(1) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66J Amending Section 9.5-242, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Improved Subdivision
District; TO READ AS FOLLOWS:
"(b) The following uses are permitted as
minor conditional uses in the Improved
Subdivision District, subject to the
standards and procedures set forth in
article II, division 3:
(1) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
NN
177
PD 66K Amending Section 9.5-244, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Recreational Vehicle
District; TO READ AS FOLLOWS:
"(2) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 66L Amending Section 9.5-248, Monroe County Code,
in order to provide for parks and community parks as an
allowed conditional use in the Mixed Use District; TO READ
AS FOLLOWS:
"(10) Parks and community parks."
Accept Planning Commission's recommendation for
approval.
PD 75 Amending Section 9.5-236(b)(4)d, Monroe County Code,
in order to provide for retail and wholesale nurseries as
allowed uses within the Suburban Residential District so
long as outside display and sales do not utilize open space
and require bufferyards; TO READ AS FOLLOWS:
"The commercial retail use does not
involve the outside storage or display
of goods or merchandise with the
exception that outside sales and display
for nurseries may be permitted with the
stipulation that required open space and
required bufferyards may not be used for
display and sales."
Accept Planning Commission's recommendation for
approval.
PD 79 Amending Section 9.5-238(c)(4)c, Monroe County Code,
in order to provide for the deletion of recreational vehicle
parking spaces that are allowed uses in order to be con-
sistent with other sections of the Code, which prevent RV's
with Sparsely Settled areas; TO READ AS FOLLOWS:
"c. If the use involves the sales of
goods and services, other than the rental
of camping sites, such use does not exceed
one thousand (1000) square feet and is
designed to serve the needs of the camp-
ground; and"
Accept Planning Commission's recommendation for
approval.
PD 86
in order
property
FOLLOWS:
Amending Section 9.5-242(b)(1)a, Monroe County Code,
to provide for limited commercial development of
designated as Improved Subdivision (IS); TO READ AS
"a. The parcel of land on which the
commercial retail use is to be located
abuts the right-of-way of U.S. 1, or a
dedicated right-of-way to serve as a
frontage road for U.S. I."
NN
1.78
Accept Planning Commission's recommendation for
approval.
PD 88 Amending Section 9.5-247(c)(1), Monroe County Code,
in oder to provide for institutional residential uses in the
Commercial Fishing Special District 3 (located on Coco
Plum); TO READ AS FOLLOWS:
II(C) Institutional-Residential Use
(d) Accessory usesll
Accept Planning Commission's recommendation for
denial.
PD 90 Amending Section 9.5-250(c), Monroe County Code,
in order to provide for permitting mariculture as a major
conditional use (with certain minimum standards); TO READ AS
FOLLOWS:
11(3) Mariculture, provided that:
a The use is compatible with land
uses established in the immediate
vicinity of the parcel proposed
for development;
b The parcel proposed for
development is separated from
any established residential uses
by at least a Class C bufferyard;
and
c All outside storage areas are
screened from adjacent uses by a
solid fence, wall or hedge of at
least six (6) feet in height."
Accept Planning Commission's recommendation for
approval as a major conditional use.
PD 90A Amending Section 9.5-252, Monroe County Code,
in order to provide for clarification of permitted uses
adjacent to private airports; TO READ AS FOLLOWS:
See EXHIBIT A attached hereto and made
part hereof
Accept Planning Department's alternative that the
Airport Director, County Attorney, and Planning Staff need
to format the proposed amendment in a manner consistent with
the County Code
and
Accept Planning Commission's recommendation for
approval with the following modifications:
Place amendments in 9.5-4.
Under B. Definitions:
1. AICUZ - the second sentence is to read "The main
intent of AICUZ is to ensure that development of surrounding
lands will be compatible with the noise levels and accident
potential associated with airport operations.1I
I
NN'
179
3. Correct typographical mistake in last word of first
line to "man-made".
5. Correct typographical error in last word of first
line to read "natural".
10. Decision Height - strike the letters ILS.
15. Private Airport - Add a last sentence to read "For
purposes of this chapter, private airport shall mean
Sugarloaf Airport, Tavernaero Airport Park, Inc., Summerland
Key Airport, Ocean Reef Airport or other airport or airfield
to be constructed in Monroe County that meets these
requirements."
16. Public Airport - Add a last sentence to read "For
purposes of this chapter, public airport shall mean Key West
International, Marathon Airport or other public airport or
airfield to be constructed in Monroe County that meets these
requirements."
Under C. Strike the words "or in which" and insert "the".
Under D. Airport District:
1. "Within the property boundaries of public airports,
airport uses of less than 5,000 square feet of enclosed area
shall require a minor conditional review. Airport uses of
5,000 square feet or more of enclosed space shall require a
major conditional review. Within the overlay zones of
public and military airports, those uses permitted shall
comply with the height standards and the limitations set
forth in section 9.222, D subsections 2, 3, 4, and 5."
2. f.
Insert a new definition to read:
"Clear zone. The area extending 1,700 feet from each end of
a primary surface in a trapezoidal shape with a width of 500
feet at the primary surface expanding to a width of 1,010
feet at a slope of 34 feet to one foot." Reletter suc-
ceeding paragraphs.
3.
Restrictions - Public Airports
Modify to read under a.
"a. No development approval or building permit shall be
granted for the construction of any sturcture to be located
within the clear zone."
Delete b. and reletter succeeding lines.
5.
Restrictions - Military Airports
Add at the end of the first sentence "or as updated by the
U. S . Navy. II
Under E., Private Airport District (PAD) Private Airports.
1. "Within the property boundary of the private air-
port, the following uses are permitted as-of-right: non-
commercial aircraft landing, take-off, storage, repair,
maintenance and fueling. Commercial aircraft operations
including FBO activities, may be permitted by means of a
major conditional use permit... II
NN 180
PD 95 Amending Section 9.5-262 Monroe County Code,
in order to provide for a change in allocated and maximum
net density for Offshore Islands; TO READ AS FOLLOWS:
"Maximum residential density and district
open space.*
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
Transitional Habitats
Scarified/Disturbed
Hammocks
Beach/Berm
Pinelands
Mainland Native
Offshore Island
Improved Subdivision
Commercial Fishing
Destination Resort
Light Industry
Maritime Industry
Mixed Use
Military Facilities
Park and Refuge
Allocated
Density
(DU/Acre)
6.0
6.0
5.0
3.0
1.0
1.0
.5
o
0.2
0.3
0.5
0.5
0.5
0.5
0.01
0.2
3.0
1.0
6.0
6.0
1.0
6.0
0.5
Maximum
Net Density
(Du/Buildable
Area) O.S.R.*
12.0
12.0
7.0
6.0
10.0
3.0
6.0
See
o
o
5.0
5.0
5.0
5.0
5.0
1.0
4.0
Section 9-303
12.0
18.0
12.0
12.0
12.0
12.0
5.0
0.2
0.2
0.2
o
0.5
o
0.8
1.0
1.0
0.85
0.6
0.8
0.9
0.8
0.99
0.95
0.2
0.2
o
o
0.2
0.2
0.9
*See additional open space ratios in division 8 of this
article; in accordance with section 9.5-3(a), the most
restrictive of these ratios applies."
denial.
Accept Planning Commission's recommendation for
Roll call vote was unanimous.
Motion was made by Commissioner Harvey and seconded
by Vice Chairman Lytton to continue to March 1st all unfi-
nished business originally scheduled for this meeting. Roll
call vote was unanimous with Commissioner Jones not present.
*
*
RLC/c
*
*
*
PROPOSED TEXT CHANGE FOR LAND USE PLAN File No. 2
Section 9-222 Airport Districts
A. These Districts provide olassifioations ot property for
existing or future airports and requlate uses wi thin the
boundaries of public and private airports, and uses around,
adjacent, and 1n the approach zone. ot pUblio, private, and
military airports in order tOt
1. Establish the control of obstruotions and construction
of structures aftectin9 navigable airspace in acoordance
with criteria dalineated in Volume XI, Part 77 in Federal
Aviation Requlations, Florida Department of
Transportation Requlationa, and this section.
2. Protect airport. against enoroaohment:, to implement
appropriate noise abatement strategies, and to regulate
development and reduce publio exposure ot community
activities which are not compatible with airport
operations.
]. Cont't'ol uses within the public and private airport
property boundaries.
B. netinitions tor Airport Districts.
As used in this section:
1.
AlCUZ (Air Installations Compatible Use Zones), is a
program to protect the pUblic's safety, health and
w.l~ar. while torestalling degradation to the operational
capability of! milita:r:y air inst.allations. The main
intent of the AICUZ progr.. i. to enaure that development
ot surrounding lands will be compatible with t.he noise
levela and accident potential aasociated with airport:.
operations.
l-'
2. Aircraft - Any motor vehicle or contrivance now known,
or hereatter invented, which is used or designed for
navigation ot or flight in the air, except a parachute
or ot.her cont.rivanoe designed tor such navigation but
used primarily.. satety equipment.
3. Airport. - Any area ot land or water, or any an-made
object or faoility located thereon, which is used, or
intended tor use, for the landing and takeOff of
aircraft, ,and any appurtenant areas which are used, or
intended tor use, for airport buildings or other airport
1
I (I 1 ~.' :1
'"'.;
F>b 'oA
E".,...T A
facilities or rights-ot-way, together with all airport
buildings and facilities located thereon. For the
purposes at this chapter shall also mean ~ey West
International, NAB Key West, Marathon Airport, Suqarloaf
Field, Tavernaero Airport Park, Inc., Summerland Key
Airport, Ocean Reef Airport. or any other airport or
airtield to be cons~ructed in Monroe County.
4. Airport Elevation - Shall mean the highest point ot an
airport's us.abl. landinq area measured in feet above
Mean Sea LQvel.
5. Airport Hazard Any structure, object or nature
growth, or use of land which obstructs the airspace
required tor the flight ot aircratt in landing or taking
off at an airport or which is otherwise hazardous ~o such
landing or takinq off.
6. Airspace Height - For the purpose ot determininq the
height limits in all zone. set forth in this section,
the datum shall be hased on Mean Sea Level elevation
(MSL) unless otherwise specitied.
7. Airspace Obstruction Height For the purpose of
determining airspace obstruction height, height shall
mean th~ maximum vertical elevation of the highest part
of any object or structure, includinq mechanical
equipment, chimneys, spire., steeples, radio or
television antenna; tla9 poles, solar apparatus, utility
poles, and tre.. or landscapinq with respect to the
nearest airport: runway thre.hhold elevation.
8. Airport Overlay Zone - Those zone. which extend above
and beyond immediate airport property boundaries and are
defined in this Section (9-222) tor public, private and
military airports.
9. Control Zone - Shall mean airspace extending upward trom
the surface of the earth which may include one or more
airports and is nomally a circular area of five (5)
statute miles in radius, with exten.ion. where necessary
to include instrument approach and departure paths.
10. Deoi8ion Height - Shall mQan the height at which a
deoision must be made, during ILS instrument approach,
to either oontinue the approach or to execute a missed
approach.
11. Instrument Runway - Shall mean a runway having an
2
: ,-,0 ,
1 I~I ~I ,4 q I:' ~
"')~: ; I ,-..
':::1', Tll
existing instruaent approach procedure utilizinq aiX'
navigation facilities or area type navigation equipment,
for which an instrument approach procedure has been
approved or planned.
12. Minimum Descent AltitUde Shall mean the lowest
a1 ti tude, expressed in f..t: above Mean Sea Level, to
which descent i. authorized on final approach or during
circle-to-land maneuverinq in execution ot a standard
instrument approach procedure, where no electronic glide
slope is provided.
13. Minimum En Route Altitude - Shall m.~n the altitude in
effect between radio fixes which assure. accept.able
navigational si9nal coverage and meets obstruction
clearance requir.ment.. between those fixes.
14. Minimum Obstruction Cl.a~~nce AltitUde - Shall mean t.he
specified altitude in effect. betwe.n radio fix.. on VOR
airways, Oft-airway rout.. or route segments which meet.s
obstruction clearanoe requirements for the entire route
segment and which assures acceptable navigational signal
coverage only within twenty-two (22) miles of a VOR.
15. Private Airport - An airport, publicly or privately
owned, which is Used prim~rily by the licensee but which
is available tor use by invitat.ion of the 1 icenBee.
Services may be provided it authorized by the Florida
DOT.
16. Public Airport - An Airport, publicly or privately owned,
which me.ts minimum safety and 8ervice standards ana is
open for use by the public.
17. Public Airport U.e. - Means fixed and rotary wing
aircraft operations together with retail sales and
service operations related to public or general aviation,
inoluding aircraft sales, repair and storage, commercial
shippin9 and st.orage, restaurant. designed to serve
aviation passengers and other pUblic uses.
18. Runway - Shall mean a definQd area on an airport prepared
for landinq and taka-oft of aircraft alonq its length.
19. Visual Runway - Shall mean a runway intended solely for
the operation ot aircratt usin9 visual approach
procedures, with no straight-in instrument approach
procedUre and no inst.rument designat.ion indicated on a
3
~I-! .
I '~I ] C1.' ':~ [."::;:= '. .'~: ~(II:
, ," r.j ., ~ 1
......-,
-~ (, ')
c.
FAA approved airport layout plan, a military services
approved military airport layout plan, or by any planning
document submitted to the FAA by competent authority.
In order to carry out the provisions ot this section, there
are hereby created and established a zone known as Ai~ort
District (AD) for public and military air.ports, and a zone
known as Private Airport District (PAD) for private airports.
There are hereby created and ..tablished overlay zonea around
and adjacent to public, private and military airports in
Monroe County. Within the AD, PAD and overlay Zones certain
height limitations are specitiQd to prevent airspace
Obstruction, and/or in which u.. limitations apply. An area
located in more ~han one zone described harein is considered
to be only in the zone with the more re.trictive limitations.
Airport District (AD) public and military airports.
1. within the property boundari.. ot public airports only
airport uses are permitted by means ot a major
conditional use permit. Within the overlay zonea of
public and military airports those us.. permitted, are
permitted as miner conditional u.e., provided that they
comply with the height standards and the limitations set
forth in Section 9-222, D subsections 2, 3, 4, and 5.
2. PubliC"' Airport Height Zon.. and Limitations for the
Airpor.t District and OVerlays.
a. Primary zone. The area longitUdinally centered on
a runway, extendinq ~wo hundred (200) t~et beyond
each end ot that runway with the width so apecitied
tor each runway tor the most precise approach
eXisting or planned tor either end ot the runway.
No struoture will b. pormitted within the pri~ary
zone nor part of the landing and take-Off area, that
is a greater heiqht than the n.a~..t point on the
runway cen~.rlin.. The width of the primary Zone
for each runway i. .. tollows:
D.
1. Key W..~ International, Runways 09/27 ~ five
hundred (500) t..t.
3. Marathon Airport, Runways 07/25: five hundred
(500) teet.
b. Horizontal zone. The area encompassing the runways,
primary zone, approach zones and transitional zone
ot each airport with the boundary formed by swinging
4
... ~.;.
. : . ~ (I - "IJ '2:" "- - S :;
. (I".) T::J 1
.;, ....
,~,
, "
arcs at specified radii torm the center of each end
ot the primary zone of each runway and connecting
adjacent arc. by l1n.. tangent to those arc.. The
radius specified tor each airport is as follows:
1. Key West lnternational, ten thousand (10,oOO)
feet radius.
2. Marathon Airport, ten thousand (10,000) feet
radius.
No structure will he permitted in the horizontal
zone that i. h!9her than one hundred fitty (150)
feet above the established airport elevation.
c. Conical zone. The area extending outward from the
periphery of the horizontal ~onQ for a distance of
four thousand (4,000) teet. Height limitations for
structures in the conical zone are one hundred t i fty
(150) t.et above airport elevation at the inner
boundary w1th permitted heiqht increasing one (1)
foot vertically for every twenty (20) teet of
horizontal distance measured outward from the inner
boundary to a height of three hundred fifty (350)
feet above airport elevation at the outer bOUndary.
d. Approach zone. The area longitudinally centered on
the extended runway c.nte~line and proceeding
outward trom each end of the primary surface for a
specified distance a. follows:
1. Key West lnternational Runway 9, ten thousand
(10,000) feet, Runway 27, ten thousand (10,000)
t..t.
2.
Marathon Airport, Runway 07,
(10,000) teet and Runway 25
(5,000) teet.
The width of the approach zone is the same at tha
inner boundary as the primary zona it adjoins and
expands uniformly to a width at the outer bOUndary
as tallows.
ten thousand
five thousand
3. Key w..t lnt:ernat1onal: Runway 9, -ehree
thousand five hundred (3,500) feet: Runway
27, three thou.and five hundred (3,500) feet.
4. Marathon Airport, Runway 7, three thOusand five
5
::J; . r :: . ...'. (I =, ,; IJ :.;. t:' ',' . S S -
"'r~ T31
",-.
hundred (3,500) te.t and Runway 25, one
thousand five hundred (1,500) feat.
Permitted height limitation. within the approach
zone. tor Runway. 9/27 at Key West lnternational
and Runway. 7/25 at Marathon Airport are the same
as the height of 'the runway end at the inner
boundary and increase at the rat. of one foot (1)
vertically tor every thirtY-four (34) feet
hori~ontal distanoe.
e. Transitional zone. The area extending outward trom
the side. of the primary zones and approach 20nes
connecting them to the horizontal zone. Height
limits within the transitional zone are the same as
the primary zone or approach zone at the boundary
line where it adjoins and increases at a rate of one
(1) toot vertically for every seven feet
horizontally, with the horizontal distance measured
at right angl.. to the runway centerline and
extended centerline, until the height matches the
height ot the horizontal zone, which ~orm8 the outer
boundary.
f. Other Zone.. In addition to the height limitations
imposed in sub-paragraph. (a) through (8) of this
paragraph (2) ot this section no structure will be
permitted that exceeds five hundred (500) feet above
airport elevation within:
1. Ten (10) nautical miles of Key West
International Airport;
2. Ten (10) nautical mile. ot Marathon Airport;
and no st.ructure will be permitted wi thin Monroe
County that would C8Use a minimum obstruction
clearance altitUde, a minimum descent altitUde or
a decision height to b~ raised.
g. Any tuture publio airport shall comply with the
height zones and limitations established by the
Federal Aviation Administ.ration and Florida
Department ot Transportation regulations and
atandarda.
3. Restriction.. Public ~!~o~t..
within the boundaries ot the OVerlay zones ot public airports,
6
, I I j .. c; :: T : ::" ...'. CI -.; IJ '2.... <. '.:J ::: ",,:,
. ''1~,J l~ 1
the fOllowing restrictions on uses shall apply:
a. No residential uses are allowed in this zona.
b. No schoOls, public or private, shall be permitted in this
zone.
c. No use will be made ot land that is especially sensitive
to noise or would result in gathering together large
crowds of people.
d. No establishments or u... that emit smoke, gas or dust
in quantities or densities sutticient to jeopardize the
safe use ot the airport shall b. allowed.
4. NAS Key West Height Zon.s and Limitations.
a. Primary zone. The area longitudinally centered on each
runway with the same length as the runway and is two
thousand (2,000) teet wide. No structure that is not a
part of the landing and take-ott area i. permitted in
the primary zone that i. ot greater height than the
nearest point on to the runway.
b. Clear zone. The area extending one thousand (1,000) teet
off each end ot a primary surtace and is the same width
as the primary surtace. No structure not a part of the
landing and take-ott area is permitted that is a greater
height than the end ot the runway.
c. Inner horizontal zone. The area extend1nq outward from
the periphery ot the primary zone with an outer perimeter
formed by sW1nginq arcs ot seven thousand five hundred
(7,500) teet radius aboue ~he center-line at the end of
each primary zone and connect1nq adjacent arcs by lines
tangent to the.. arcs. No structure will be permitted in
the inner horizontal zone of greater height than one
hundred tifty-six (156) teet MSL.
d. Conical zone. The area extending outward trom the
periphery of the inner horizontal zone for a distance of
seVen thousand (7,000) teet. Hei9ht limits in the
conical Zone commence at one hundred fifty six (156) feet
MSL at the inner boundary where it adjoins the inner
horizontal zone and increa.e. in permitted height at a
rate of one (1) foot vertically for every twenty (20)
fee1: o~ horJ..Ecntal distance meaSured outward from the
inner boundary to a hei9ht of five hundred six (506) feet
MSL at the outer boundary.
7
: 1 '). ~
:: ::: . ., (I
- '.::.1' I
~~r-::~I_,;:,~ '~I.j_~
.Otj '-'1
_/
outer horizontal zone. The area extending outward from
the outer periphery of the conical Zone for a distance
ot thirty thou.and (30,000) feet. The height limit with
our outer horizontal zone is tive hundred six (506) MSL.
f. Approach zone. The area longitudinally centered on each
runway extended centerline, with an inner boundary two
hundred (200) feet out from the end of the runway and the
same width as the priaary zone then extending outward tor
a distance of fifty thousand (50,000) feet expanding
uniformly in width to sixt.en thousand (16,000) at the
outer boundary. Height limita within the approach zones
commence at the heiqht of the runway end and increAse at
the rat. of one foot vertically tor every fifty (50) feet
horizontally for a di.tance ot twenty five thousanc;l
(25,000) feet at whioh point it remains level at five
hundred six (~06) t..t MIL to the outer boundary.
e.
g. Transitional zone. The area with an inner bounclary
formed by the .ide of the primary zones, the first two
hundred (200) teet ot the clear zones and the approach
zones then extending outward at right angle to the runway
centerline and extended centerline until the height
matches the adjoininq inner horizontal zone, conical
20ne, and outer horizontal zone height limit. The height
limit at the inner boundary is the same as the height of
the adjOining zone and increases at the rate of one (1)
foot verticallY tor every seven (7) feet horizontally to
the outer boundary of the transitional zone, where it
again matches the height ot the adjOining zone.
5. Restrictions - Military Airports.
Privately owned property adjacent to the Naval Air station,
Boca Chica, also known as NAS Key West, shall be deVeloped in
accordance with the map prepared by the U.s. Navy known as
Figure C. Said map was prepared in conjunction with the
United states Navy'. Air lnstallation Compatible Use Zone
study (AICUZ). A true copy of said Fi9ure C is attached
hereto and made a part ot the .ection.
a. The land u.. objectiv.. sat forth in Fi9ure C and the
accompanying land use Objective matrix .et forth in
Fi9ure D wa. determined by evaluating the airport
operation. at NAS, Key Weat 1n terms o~ composite noise
ratinq (CNR) Zone. and accident potential zones (APZ's).
A copy ot said Fiqure D i. attachad hereto and made a
8
t~, I ~ I. "1
..... I
t ~. '
>::. '1:1 ~.,,' ~ r: ':'0_' ~;~ "I"
. Ot; l3 L
,.
part at this section.
b. The land use objective shown in Figure C and Figure 0
shall be used in detarminin; the allowable land uses for
the various AICUZ Zones. Each land use category was
evaluated in terms ot compatibility for each land USQ was
jUdged in terms ot densit.y of population, density of
structures, explosion hazards, air pollution height
obstructions, accident potential zones, and composite
noise rating zones. The evaluation resulted in ratings
of:
1. No new development,
2. Restricted new development, and
3. No re.trictions.
Land use categories were rated as restricted new
development it any activity or activities within the
category were clasaified as incompatible. The various
AlCUZ zones are coded a. tollowa:
A:
Accident Potential Zone A (APZ-A).
critical accident potential zone).
B3: Accident Potential Zone n (APZ-B). (That area which
has an identifiable accident potential but less that
APZ-A) .
(The most
B2: Accident Potential Zone C (APZ-C). (That area which
is less critical than APZ-C but still may pOSSQSS
potential for accidents). High Noise Impact, CNR
Zone 3.
C2: Accident Potential Zone c. Moderate Noise Impaot,
CNR Zone 2.
el: Accident Potential Zone c. Low Noise Impact, CNR
Zone 1.
3: Hiqh Noise lmpact, CNR Zone 3.
2: No Accident Potential Zone. Moderate Noise Impact,
CN~ Zone 2.
R. -Plvate Airport District (PAD) Private Airports.
9
T. ,
'::'':1- ,"'IJ ;,1 . Cl,- c;-I~
"~I ~I ., -:J I
1. Within the property boundary of the private airpo~t the
fOllowing uses are permitted: non-commercial aircraft
landing, take-ott, storage, repair, maintenance and
fueling. Any other us. is only permitted by meanas of
a major conditional use permit. Uses within the overlay
zones must comply with the height standal:'ds and the
limitation set forth in 9-222 E SUbsection, 2 and 3.
2. Private Airport Height Zone. and Limitations for ~irport
District and Overlays.
a. Private Airport Landinq Strip Minimum Lengths and
Widths:
1. Effective landing length shall be no less than
eighteen hu~dred (1800) teet.
2. Primary surface width shall be no lesa than
one hundred (100) teet.
3. Usable width .hall be no less than fifty (50)
teet.
b. Private Airport Minimum Landing Approach Zones
1. The landing approach zone for private airports
is a trapezoidal area increasing gradually in
width trom fifty (50) feet either Side ot the
runway centerline, at the ends of each usable
runway, to a width ot three hundred and fifty
(350) feet .ither aide ot the runway center-
line at a distance of three thousand (3,000)
feet outward trom the ends of each runway.
2. Approach zone. ahall be clear ot ob8truc~ion
above a 91ide path ot 20:1 from the ends ot
each usable runway. When the approach zone to
any runway crosses a road, the 91ide path must
paBS at leaat tifteen (15) teet abovQ the edge
ot the n.ares~ trattio lane.
3. R.8tric~ion. - Private Airports
a. Ho .stablish.ant. or uses that emit smoke, gas or
dust in quantiti.. or densities sufficient to
jeopardize the .ate use of private airports shall
be allowed.
b. No development approval or building permit shall be
10
. , .
, I
': - . ,~':'
',1 '217'
. .,-,-.
_. _ M
, Otl
'"11
J ' ~ I
",.....,-........."......., ~---,-''''..~... ...-.-., , .>>-~.._~.,..."--
~ J .. ~,..,__-'~T .. _~_t:.
granted for the eon.truction of any structure to be
located within a private airport dist.rict or overlay
7.one, which when buil~ would constitute an airQpace
obstruction hQiqht which would cause a minimum
obstruction altitude, a minimum descent altitude,
or a decision hQi9ht. to be changed or a threshold
to be displaced, or to intertere with the required
approach glide slope.
c.
No property own.r
district or overlay
maintain tre.. to
providQd h8~ein tor
3b) .
11
""-1 -'':'11 h:")~~'_,.,':" 1~1.\(""
within the private airport
shall be permitted to grow or
height. in excess of those
st.nlctures. (Section 9.222 E,
, 0 'I 'l"1!
., ._.__._-_.....,-.~~.,.""----__~..__..,._,Y'
f~#' .-
,,: ~',
,/. .
, .
,~ '
,r.'. ..
CHAnT I
AIRPORT LIC~NSING.
. ~INIMUM D1MEr~SlONS^NO~Le(\n ZO~E'
f!lW..c ^""'IOOI
00'
3000'
.
.
10~'
~.
~
-
)OW
Q:U
i 4(~
.. ;:=
fDl
Cl.~
-
VSE^8l& WIDTH SU~F^CE
9
~
a:
~
~
tn
N.
-
2011
-
.
PROFlll
, --CTHRI:SHOLD
-
I
- 1800 l 3000 ~
. , , ,
.
10:'
. I ;
, I A~
.- Clt!^" z~~_ -
f...-.,:.. .. -.- 1 ..... .......
). w, ~ 0 . 10" -
a:: ~ . 1: ...
~ ... ~ ~ \ : \
~~ . i c.:..
. i
f i, w
a::
j!
.
CHAnT"
P~IV^TI ^lnponr
~ ; USI!AOlE WIDTH SUnfA~&
tnOFILi I '.
eLaJ 20~' :
t ':HnUH~LO '
.
...
, '
. .
1
. . ......,~r._:;.,y'..
. I 1-1 ",1
I..
,
\
ILL '''''-' "
-", -. - . "'- :'..:.:~.' L1e,- II,. 1 -:-: C-,-
un
1,1 0 ODD 0 0 (] 0 []
III Ii U 1111 I ,1.1 u
III!I !Jp " -,rt", ~
-. 1...1 . ------:pJ
I -- ft
. ~.->
i
.
o
?
t
.
.
OiZ.el I
ONINen
()
. ,
j
'.
,
UI
f
I
,
. .
.r'
i I' f' i~ I: i; i~ ,; i: ;
d A IX d ..lX ir i i
III ';j Ii :a .u h;t ,fa 1&
U S:. -~ ~i a:, I If ~i i
=1 Ii li =i ,= I~ =& II 1&
.- II. ..~ i- J:. ... 1- ... ~
t: .: .' :J 'Or .. ..~ l'
~i ii ii ~i ~I il "I :'f iF
-:f ... - . - . . I A
I! ':'1 "n i"" .n .. i- ... ..
,
...
I
..
"
;,
08&er .
i'
&Lin
5
N
~
omm
li ~~!
Jl 08 ~
Ilsl
"1 ~
'''I''''U~ . ..1111 ......
· ""tI'I' . '1'..., hll'
.,........, . ,.. ".lIlI II.. ""1
11111""', . "'''111 III''', 11.11 "'/II
".....,u~ . .." .,."" I",,, lull'
c-en.., . .....,
......c.., . UUI,
.........., . ""U'"
I." n., '"'' . ChU'..lIl
'......11...' . ".....,
..Ivun . 'UlIll
.....", . "'.""ClI''''
..,.".. . ",unn,
.........., "'''''"'11'
"..."',.." U'UI' ''''''tcl'
..."..... . ....
II'U..... . ....., "U'
......".. . "...
ICUU'''. . .....
....,..... . ".CIII
...,,,.. tI"UIl ""....
ONINOZ
.-.....
Ii
~
I
en
i
~
'.
, ,
~"I
. j
, ..', . . I
-.. I
.,'"",,-
( )
, f
e
;::.~":". -,' - .' ',.... . ..':.,. .~