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Resolution 203-1986 ,~ .. .. Ed SW1rt: County Commissioner District 2 RESOLUTION NO. 203-1986 WHEREAS, the Board of County Commissioners of Monroe County, Florida has legally adopted our land use plan for our County through an extensive and lengthy process involving the people of this County; and WHEREAS, in this document now transmitted to you (Exhibit "A" attached and incorporated herein), on your rule changes to the land use plan, we have stated our majority position; and WHEREAS, if we are not heard clearly on these issues we will be forced to use all available means to remedy what we feel is an invasion of our rights as locally elected officials; and WHEREAS, to suggest material changes to the Monroe County land use plan without the consent of the Board of County Commis- sioners of Monroe County, would do great damage to the consisten- cy and local acceptance of the plan; and WHEREAS, Monroe County has committed to do its part to protect the resources of our County, we now ask the State to go forward without further conflict, now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. That the Board of County Commissioners hereby adopts the comments, attached hereto as Exhibit "A", to the rules proposed amendments to the Monroe County land use plan. 2. That the effective date of the Monroe County Land Use Plan adopted February 28, 1986, is August 15, 1986. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a Special Meeting of the Board of County Commissioners on the 26th day of June, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA --. ....'_. ~ ~~~,.,-~~ .~- . By , MAYOR/CHAIRYJAN (SEAL) Attest: r I APPROVED AS TO FORM AND LEGAL SUFFICIENCY. 8Y~~~e -i'fL .., BIT A ~ l: . r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS' COMMENTS TO RULE NO: 27F-9 'rr;ccJr 1(\F7frffi\ \,' IG ~._- \ '.J ~,~j., f.! 1,1 "cJJ JUL 3 1988 COUNTY AD'1 J".. ",~ -'I ....". ~~~_:'..~~.' ~~ :,;:,::_~~ ~"..'rAC-':. . " :,"",-,~ ~ -'.; - - '.r . . .. Administra~~un Commission i >, ~ RULE NO: RULE TITLE: Amendments to the Monroe County comprehensive Plan and the Land Develop~ent Regulations Relative to the Florida Keys Area of Critical 27F-9 State Concern. Pu~POSE AND EFFECT: The purpose of this Chapter is to establish land development regulations and a local comprehensive plan applicable within the Florida Keys Area of critical State Concern, pursuant to Section 380.05(8), F.S. It is the intent of the Administration Commission that this rule shall supplement those land development regulations and those portions of the comprehensive plan approved by the Department of community Affairs in Chapter 9J-14, F.A.C. This Chapter and Chapter 9J-14 comprise the co~prehensive plan and land development regulations for the Florida Keys Area of Critical state Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 9J-14, F.A.C., such ordinances are not deemed to be "land development regulations" within the definition of Section 380.031(8), F.S. As provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein shall be superseded by regulations or amendments which are proposed by Monroe County and approved by the Department of Community Affairs under the procedures found in Section 380.05(6), F.S. In the event of any inconsistency between the comprehensive plan and a land development regulation or graphic rendering, including but not limited to the official land use district maps, the text of the comprehensive plan shall control. ( 1 ) BOARD POSITION: Delete the last paragraph of .PURPOSE AND EFFECT. - 1 - "-_.. ~ .... . .~;:.", . '-.- .'~.~.:j~r,.;.~-;1{" "1 ~ , r, :i RULEMAKING AUTHORITY: section 120.53(1), F.5.; sections 380.05(8), (11), (H), F.S.; Sections 380.0552(1), (2), r,s. LAW IMPLEMENTED: sections 380.05(8), (1<:), F.S. Sel-fHARY OF THE ESTIMATE OF ECm:OHIC IHPACT OF THE RULE: The economic impact of this rule is largely limited to the change in the costs associated with implementing the amended plan and regulations as opposed to the costs associated with the original submittal. The total additional cost over three years of implementation is estimated to be $300,000, which may be born either by the state of Florida or Monroe County, depending on legislative funding decisions. The economic impact on all persons, other than Monroe county, who are directly affected by the amendments should be generally positive as the amendments will clarify regulatory language, ensure the availability of public facilities, and reduce or prevent various inefficiencies re~ulting from inappropriate land use decisions. This action is not expected to have a substantial affect on market completion or the employment market. For small and minority business, the i~pact of these rules is expected to be neutral. IF RLQUESTED WITHIN 1~ DAYS OF THE DATE OF THIS NOTICE, A HE~~ING WILL BE HELD AT THE TIME, DATE AND PLACE SHOffir BELOW: TH~E l.JlD DATE: 7:00 p.m., June 19,1986. PLACE: Key Colony Beach City Hall, 600 West Ocean Drive (HH 53 1/2), Key Colony Beach, Florida 33051 THE PERSON TO BE COHTACTED REGARDING THE PROPOSED RULE AND ECONOMIC STATEMENT IS: Karen HacFarland, Governmental Analyst, Governor's Office of Planning and BUdgeting, 404 Carlton Building, Tallahassee, Florida, 32301, (90~) ~88-5551. - 2 - .. ,.;'&1;iJ~f~:';.~'~E .'..;. :" 'l:ii I; ~ .1 THE FULL TEXT OF THE PROPOSED RULE IS: 27F-9.19 purpose and Effect (1) The purpose of this Chapter is to establish land develop~ent regulations and a local comprehensive plAn .ppli~~&ig ~ithin the Florida Keys Area of critical state Concern, pursuant to section 380.05(8), F.S. It is the intent of the Administration Commission that this rule shall supplement those land development regulations and those portions of the cOI:\prehensive plan approved by the Department of Community A!!.lirs in Cha?ter 93-14, F.A.C. This Chapter and Chapter 93-14 comprise the comprehensive plan and land development regulations for the Florida Keys Area of critical State Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 93-14, F.A.C., such ordinances are not dee~ed to be "land developI:\ent regulations" ~ithin the definition of Section 380.031(8), F.S. (2) As provided in Section 380.05(10), F.S., the cOI:\prehensive plan and land development regulations adopted herein shall be superseded by regulations or ~I:\endments which arc proposed by Monroe County and approved by the DepartI:\ent of co~unity Affairs under the procedures found in section 380..05(6), F.S. (3) In the event of any inconsistency bet~een the comprehensive plan and a land development regulation or graphic rendering, including but not limited to the official land use dJstrict maps, the text of the cOI:\prehensive plan shall control. (2 ) BOARD POSI TION: Dele te section 27F- 9.19 (3) . Specific Authority 380.05(8), F.S. La~ Implemented 380.05(8), JBO.0552(Q F.S. History - }le~. 27F-9.20 Comprehensive Plan. The Monroe County Comprehensive Plan VolUI:\e I (Background Data Element) and Volume II (Analysis and Policy Element), ~hich ~as adopted in Monroe County Resolution Nu~er 0~9-1986 and portions of ~hich ~ere approved by ~ the DepartDent of co~unity Affairs in Rule 9J-14, F is ~ ~ incorporated by reference with the follo~ing amendments to Volume II : (1) Chapter I, Introduction, pa9c 1. Delete the fourth and fifth sentences And iflsertl "This volume of the Monroe County comprehensive Plan consists of each of the required elements, ho~ever, the entire substance of the ele~ents is 6upplemented by the Background Data Element adopted as Volume I of this Plan and is implement~d, in part, throllqh the land development regulations contained iM VOlUDe III." 3 (3) BOARD POSITION: BOCC accepts the rule language as an amendment to the Plan. (2) Sub~~ction 2-113 B2, page 17. After the \.lord "development", insert: "and reconstru:;:ti9rl" (4) BOARD POSITION: BOCC accepts the rule language as an amendment to the Plan. (3) Evaluation and Rankinq of the Impact Potentials and Impact Sensitivities of Florida Keys i _ Hab tats, page 148. Insert the following after the third sentence: "These matrices are to be used as planninn tools for 1 ~ _ eva uating the impacts of developocnt on different habitat types. the effective date of the Adninistration Within six months after Connission rule ~hich establishes portions of the Monroe County Comprehensive Plan and land development regulations, Monroe County shall review and revise the matrices and related text . as necessary in cooperation with applicable state and regional agencies. The purpose of this process will be to (1) review the basis of this habitat - 4 , -. __ . ...~. >._ .;...t:-~,. -:_~~7_,: . _ ,~~ ~'.; 4.....~_-7; " 'c:'~:.'~:;-~;-'_ -:~~~-i~?'~,:"~' ':: ~-r .~ - " ~'~~.~:.~,~:.:"~~-~_::?~~:~~~:~+~,;~l1~:f-.~t:~~<~L: t, 11' comprehensive plan. This process County staff (or consultants) and or modification shall be submitted ranking and (2) ensure that ~L~ appropriate~y identified in the shall, be initiated by th~ any reco~~end~ti9ng !@f fh~r.~9 sensitivity evaluation and purpose and application is to the Planning co~lssion for submittal to the Board of count)' cOr.::lissioners. revie~ and subsequent (5 ) BOARD POSITION: The BOCC accepts the Rule lan~uage. as amendment to the Plan in order. to expressly ldenlt.lfy habitat evaluation index as a subJect for further reVlew. an the (4) criteria for Designating Areas of Particular Concern, page 194. Follo~ing item 4, insert: "Generic Desiqnations and Hanaqement policies: GENERAL l-'.ANAGEHENT POLICIES 1. The natural features of biological communities ~hich are designated as areas of particular concern shall be inventoried. Such features shall be depicted on the existing conditions maps. 2. These areas shall be protected to the maximum extent possible through the application of local zoning, tax incentives, public acquisition, easements, transfer of development rights a~d other on-site and Off-site mitigation techniques. 3. Scientific research and investigation of these areas shall be enC('ll1 ra g', C1 ncl I'upported. .: . Alteration of native vegetation will be allo~ed only if it is demonstrated that the proposed development or site alteration will not involve the re~oval of native vegetation to the extent that the habitat and its wildlife cease to function as a self- r.ustaining viable ecosystem. 5. The County shall implement the management policies regarding freshwater aquifers, marshes and ponds within 6 months of the effective date of this Plan. - 5 - .';:' -~. ~ ...~:~~::.;.~;~~~.; ~: .~t __ ; . -"'-"~.;',::...::..'" ';:- '~;':;"<&,;'lIl-",:.o;..,..-';'~'~li\\2 .~~; ::::~_,;.r"';"""":!:~i;?JiJ-"~_'I;,: ';r~..r!~.;;;~-:(/:~~'?_~~~~':';~~~7':' ~:-t:~..~,.::..~ =.\.' ~'. ....:..;;:.'-...: -.-..--.... ~ ~ ;-....., .. , ~~.,:~.'~~ ~ ~ (6) BOARD POSITION: The BOCC accepts the language of paragraphs 1, 2 and 3 as amendments to the Plan. para9 ra~h 4 should be: deleted and the following language inserted J 40 Development in designa ted aJ('eas of particular con- cern shall be designed, located and constructed so that the functional integrity of the area of particular con- cern is maintained and protected. Paragraph 5 should be modified as follOV$; 5. The County shall implement the management polieieB established in sections 1 and 2 of Generic Desi~~ions and Managemenlt Policies (po 200-201) of this Plan reg ard ing . 0 0 0 GENERIC DESIGNATIONS ~ cuolitv high ha~~ock, High auality low ho~~ock~ Hig~ aualitv pineland and Cactus ha~~ock " 1. Develop~ent within any of these designated areas shall be revie~ed to ensure the ecological integrity of the entire honmock or pinel and community of which the pa~cel under consideration is a part. _Development shall not be allo',,'ed ....hich would act to disrupt the continuity of _.-_._--~--------'.--_. -..-...- -- --------~-- existing tracts of undisturbed hanmock or pineland. 2. All development proposals in these designated areas shall identify the extent to which the area is habitat for threatened or endangered species. Any development in an area containing endangered and threatened species shall be required to be consistent with federal and state law on endangered and threatened species. ] . Any development within areas of high quality high ha~~ock, high quolity lo~ hammock, and high quality pinelands which would result in significant disturbance to native vegetation 6holl be required to provide tor - 6 - ...;,,:'",.. "'l r , " \ , citigation as a condition of development approval. Such mitigation shall take the fona of replanting disturbed areas ~ith native species or by the Acquisition and d~fl.ti~fi ~t land containing the same quality and vegetation type as that disturbed in an amount greater than that disturbed. ~. Develop~ent ~ithin areas identified as Key Deer habitat shall be subject to the follo~ing management guidelines: a. No fill ~ill be allo~ed vhich vould e11minat~ natural ~atering sites for Key deer (e.g. sin}~oles and ponds). b. Fencing ~ill be pro~ibited except to enclose a . single family residence end its accessory yard area, provided that no more than 10,000 square feet of area will be so enclosed, and provided that no area to be maintained as required open space shall be enclosed. Any fence that impedes or prohibits the movement of Key Deer, except as provided herein, shall be prohibited. 5. The excavation of vells in high quality pineland areas shall be prohibited until General Management Policy n~er 5 has been implemented. 6. Any development within an area designated as cactus hammock must include special measures to avoid da~aging the character of the feature. &~y disturbance shall be limited to areas which would not require the removal, relocation, or destruction of any specimen of cactus which is listed as threatened or endangered by state or federal agencies. Areas designated as cactus ha=ock shall be a high priority for public acquisition." - 7 - ." -.-;..: ~ _~t.""'... -";>('0 '< ...-:",:~:"3.~.-.~..~ - '___i::,~r ,;,~~,~~,,-~i~ 'RECOMMENDAT" , paragraph 1 should be ~dified by deleting the The BOCC accepts paragra~h 2 as an second ~"-.. _ence. 3 h ld b le ted and amendment to the plan but parag raph s ou - the following inserted in its place: In the event that any development with i.n aIreas. of high quality hammock (high or .low) or hl~h ~ua.llt~ pineland s re su lts in clear ul9 gr;. Sl~P.1.~lc:n- environmental injury of an area great(jf t;'.fiiift tha~ au thor ized as a ma tter of r igh t, or in the event development that is consistent with the require- men ts of th is Plan has a sig nificant adverse impac t on the functional integrity of the hammock or pine- land in which development is to be undertaken, the developer shall prov ide for mi t ig ation on a 1 for 1 or equal basis in the form of replantin~ giet!H9~ areas with native species or by the aequl~itiqfl ef~ preservation, including donations of land containing comparable quality and character of vegetation as the area disturbed. " , parag raph 4 shou ld be dele ted for the reason that the BOCC has desig na ted Nor th Big pine Key as an Area of Cr itical County Concern and proposes ttJ develop land management strategies and performance standards for protection of the Key Deer as part of the process. The Board there fore believes that th is proposed ch ang e is pre ma tu re . The first sentence of paragraph 6 should be deleted and the second senttence should be modified to read as follows~ Any development in an area designated as a cactus hammock on the Exist ing Cond it ions Map lIIust include.. . . The :last sentence of paragraph 6 should be IDOdified by the addition of the following language at the end of the sentence: for public acquisition as environmentally sensitive lands. (5) Coastal Zone and conservation Element, Xayina Facilities, page 199: After Item 9, insert: "10. Applicants for developr.lent approval of cor.~':lercial or residential marinas containing J or more slips on state-o~ed subcerged lands, shall meet the requirements of the Florida Keys Marina and Dock-Siting policies and Criteria, Chapter l6Q-2l.0~1, Florida ^d~inistrative Code. 11. Xarina facilJties ~hich are designed for, or are capable of, acco=odating boats ....i th greater than J feet of draft, shall provide greater than ~ feet HLW ~ater depths, in order to allc~ for a minimum cle"rance u of 1 foot bet~een the deepest draft and the bottr,,__" .:~ ...,~, . '~.-,. -, ,.,:!""....... :- ......- _ ~ :-~.~,t:,-,:.,.;.: :~::\:...:- '....., \" ~ ~ , (8 ) BOARD POSI TION: De le te parag raph 11. (6) Chapter X. I~ple~entation, section A General, page 229 through page 230: Delete the second sentence in Subscction 3 on page 230, and insert: "The transferable develop~ent rights p;99ram p~ovides that all residential developcent rights allocated undar the plan shall be seve~able fro~ the parcel of land to vhich they are allocated and shall be transferablc to any other parcel of land of equal or greater allocated density provided that the maxicu~ net density permitted in the land use district in which the ~eceiving parcel of land is located is not exceeded." (9 ) BOARD POST TION: amendment. The BOCC accepts the language of the Rule as an (7) Section X.C. Amendments to the Plan and Future Land Use Map, page 232 through page 236. (a) Delete Subsection E and insert: "Technical amendments to the text to correct typographical or drafting errors may be adopted by the Board of County Commissioners without posted notice o~ public hearing at any regular meeting. As long as the County is within an Area of Critical state Concern, notice of such amendments shall be transmitted to the Florida Department of Co=unity Affairs vithin 30 days." (10) BOARD POSI TION: The BOCC accepts the proposed rule :D.anguage as an amendment to the Plan. (b) After Subsection F, insert new Subsection G: "G. Review of the Future Land Use Map. ~-~~~~.:..:::-:: .;. . ..~ ~~~;~~~;~~,~i~~~:~!-:Fj~1,~~~~:< ~~_ The Future Land Use Map shall be reviewed by the Planning Co~ission, who shall recomcend a~endments to the Board of County co~issioners within 6 months after the effective d.t~ Qt th~ A~~inistration Conmis8ion rule which establishes portions of the Monroe County Comprehensive Plan and land development regulations to supple~ent those portions of the comprehensive plan and regulations approved by the Florida Department of community A~~air5. The purpose of this review and amendment prQce~~ i~ tq ensure that the boundaries and land use designations on the Future Land Use Maps COnfODJ to the text of the Comprehensive Plan, and depict trD.nsportation services D.nd public facilities." ( 11) B:JARD POST TION: The BOCC rule as an amendment to the future land use map Land Use District Map.- accepts the language of the proposed the Plan. However, the reference to should be changed to the .Official Specific Authority 380.05(8), F.S., Law Implemented 360.05(6), 360.0552(9), F.S. History - New. 27F-9.21 Land Development Regulations. The Monroe County Land Development Regulations, which were adopted by Monroe County in Resolution Number 049-1986 and portions of which were approved by the Department of Co~unity Affairs in Rule 93-14, F.A.C. are incorporated by reference as the land development regulD.tions for the Florida Keys Area of Critical State Concern in Monroe County, with the following amendments: (1) Section 2-101 Rules of Construction, A. Generally., page 5. Delete the first sentence and insert: "In construction of the language of these land development regulations, the rules set- -out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the Board of County Conmissioners as expressed in the Monroe County Co:p~ehensive Plan, or an ele:ent or portion thereof, D.dopted pursuant to Chapte~s 163 and 380, Florida statutes (1985)." 10 - ",~;~::-..:,%:,..,.."\;.-. - -:-~~.,. t :/ I, ( 12) BOARD POSI TION: The BOCC accepts the language of the rule as an amendment to the Plan. (2) Chapter 3 Definit~ons, page 9 through page 31. (a) After Definition H-7 on page 20, insert: new definition 1-1: "IMPROVED SUBDIVISIONS are those subdivisions which aTC serviced by electricity, roads and water; in areas north of Big pine Key improved subdivisions are those in which lots have only 'Jater and roads." And renUJ:lber so that previous 1-1 becomes 1-2, 1-2 becomes 1-3, 1-3 becomes 1-4, and 1-4 be~omes 1-5. (13) BOARD POSITION: Delete paragraph 2 and the definition of -improved subdivisions.- (b) Delete Definition S-2 Scarified Land, and insert: "SCARIFIED LAND means an area that is cleared of all native vegetation, and or topographically modified such that the land has not been or is not presently in a successional sequence leading to the establishment of the vegetative co~unities that were cleared or disturbed." (14) BOARD POSITION: The BOCC should modify the existing language of the Plan so that the definition reads as follows: Scar ified land means an area that has been cleared of all substantial native vegetation or has been topographically modified by human activity. (J) Section 4-104, Dep~rtment of Planning, page 45. Insert ne... Subsection I, page 45: - 11 - A:t.; ;i~ ~~~~._: }~::L: -- ~ .;-,:";::.:;':''''l;:_~:~~:;,,,::,;,,~> ';-- ,~~ .-.~.., ~,.,..,~ "I. To ensure the successful i~plementation of the plan and land develo?:::.ent regulations by qualified personn",l, :.}l Qiv~Z:~~"1 heads ~ithin the Department of Planning shall possess a four-yea~ college degree in a major area related to their position, or shall possess an equivalent a:::.o~nt of professional experience in the area of ecployment, unless minimu~ qualifications are otherwise specified in Section 4-104." ( 15) BOARD POSI TION: The BOCC accepts the 1anguage of the proposed rule as an amendment to the plan, modified by adding after -the area of employment" the following: "and other licenses required by County or state law..." (') Section 5-301 through Section 5-310, pages 54 through 60. (a) Delete Subsection 5-308 E and insert: "Consideration of a minor conditional use approval shall be governed by the provisions of Chapter 14." (16 ) BOARD POSITION: Delete paragraph 4 and modify the language of section 5-308 E and F as follows: E. within fifteen (15) ~rking days after notice of a minor conditional use permit is given by the Director of Planning, the applicant or any adversely affected person as defined by Section 163. 3215(2) FS (1985) may file a notice of appeal with the planning commission. (b) Delete Subsection 5-308 F and insert: "The public hearing on an application for minor co~?itional use, if requested by the applicant, an adjacent property o~er, or any aggrieved or adversely affected person, as defined by Section 163.3215(2), Florida Statutes, shall be conducted by the Planning Commission in accordance with the provisions of Subsection 14-101 E." - 12 - . ., ...=.S::~:;;_, ~ ;.... ,'" ~',' .- ~_"";'>_~.::. _.\.l.' "~"..~':~'~::r:~_. :_.~~: -':<"':.';0.. . '.. ~,/":" .""':."",-. . '. ..~.... 0$ i'~ ''-'', - '7..~ <' . -".-. ...~. ~. ,,:~"i'::'~~~~:'-'~,~":;!":..~ 'II ~ ; (17) BOARD POSITION: Delete the language of the proposed rule and modify the language of section 5-308F to read as follows: F. public hearing on an application for d .ifl~t.l~ tional use permit. within thirty (30) days after the filing of a notice of appeal from the issuance of a minor cond i- tional use permi t, the Planning CoDDDission shall hold a duly noticed public hearing and consider the application for a minor conditional use permit. within fift@en ,~?) days after the public hear ing the Plannin~ ~_i99i~fi shall issue a development order grant ing, grant irig with conditions or denying the application for a minor condi- tional use permit. (c) Insert after Subsection 5-309 c: "NOTICE OF GRANT OF A P.AJOR CONDITIONAL USE PERMIT. The Director of Planning shall give notice of any development order granting a major conditional use by sending a written notice to all o'Jners f 1 o rea property located within 300 feet of the property that is the ubj sect of the major conditional use per.:li t. " (d) After the first sentence in Subsection 5-309 D, delete the second and third sentences and insert: "If the applicant, an dj a acent property owner, or any aggrieved or adversely affected person, as defined by section 163.3215(2), Flo~ld st t t ~. a a u es (1985), requests an appeal within 15 working days after pUblication of notice, or if a majority of the Board of County Commissioners votes to remove a development order fro~ the c onsent agenda, the Board of County Commissioners shall consider the developreent order before the Planning Commission. or modify the decision on the record established The Board shall nffirm, reverse of the Planning Commission, or remand with specific directions to th e Planning Commission in co~pl . "'I ..a.llele .....1 tn the applicable provisions of this Plan and these regulations." - 13 - _ ;:r-~ '...:;..~.;, -::::".~.~; -".. . ~ .. .~~ ( 18) BOARD POSITION: The BOCC accepts the proposed rule language as an amendment to the Plan. (e) In 5-310 F Final Plan Approval, page 59 to page 60, h () "Evidences development which is insert new paragrap g: consistent with the stated purpose and with any special District Req'.Jirel:lents of the land use district," and reletter the existing paragraph (g) as (h). ( 19) BOARD POSI TION: the proposed requirements to determine Eliminate the special district requirement froM :ule. The BOCC will review the special district in 6 months after the effective date of the Plan if they should be included in the Plan. (5) Section 6-105 Expiration of Building Permit, Subsection A, page 79 through page BO. Delete Subsection A and insert: "A building permit shall auto~atically expire and becol:le null and void if work authorized by such permit is not commenced within 30 days from the effective date of the permit, or if guch work, when commenced, is suspended or abandoned at any time for a period of 90 .consecutive days. The effective date of a building permit is 45 days after the rendition of the development order to the Florida Department of community Affairs, as long as the parcel is located within an Area of critical state Concern." - 14 - . ., ...~ ~~~?~~~~~;F.~t:r.~~k:~::;;I~1.~~~~f~~;~~:\~~'?0~~~~~~t:~,~.;,..~;~ (20) BOARD POSI TION: The BOCC accepts the proposed rule l<;,nguage. as an amendment to the Plan but that 30 day effec tJ.V~ p~~ W~ should be changed to 60 days and' the 90 day period bt! cbillifOO to 120 days. The last sentence should be changed to read as follows: The effective date of a permit authorizing land clearing is 45 days... . (6) Section 9-101 General Purpose, page 97. (a) At the end of the first paragraph on page 97, insert: "All development within each land use district shall be consistent with the purposes stated for that land use district in sections 9-103 through 9-125 of these regulations." ( 21) BOARD POSITION: The BOCC accepts the proposed rule language as an amendment to the Plan. (b) After Section 9-101, insert a new section 9-l01A as follo~s: "Section 9-l01A Special District Recuirements To insure that the objectives and policies of the Plan are i~plemented, all development shall comply with the Special District Requirements, which are listed under each land use district and are in addition t h o t e other requirements imposed by use as ot right, minor conditional use and ~ajor conditional use. The Planning commission may propose additional Special District Requirements to be adopted by the Board of County C . . . OmID1SS10ners in accordance with the requirements of Chapter 13 of these regulations." (22) BOARD POSITION Delete paragraph 6-(b) (Section 9-l0IA). - 15 - :- '.""" """..' . ~ ~-'-~~:~',.- - :;:.~.; "'::'_C:-cY~ :":'-',"'"~i',t-':';',.'''''::J::;'... . ~- ....,;, ~_ n;..-:,""", ~_ ~:~'1,,!~;:'~~~"-~~~.~~'~7'; (7 ) Section 9-113 Purpose of the Improved Subdivision District (IS), page 99. Delete the existing paragraph And i.nscrt: "104 I"Yn;,-H~ €It this district is to ccco~odate the legally vested residential development rights of the ovners of lots in subdivisions that were lawfully established and iQproved prior to the adoption of these regulations. Subdivisions which do not meet the special district requirements of the Improved Subdivision District Section 9-212 shall be automatically considered by the Planning Department for a change in the Land Use District Hap. This district shall not be used for new areas within the County." (23) POSITION: Delete paragraph 7 (proposed revision to seetion BOAR~_113). The Boee is committed to chec~ing ~he Map during t~ f. t six months and will deal wlth lmproperly mapp lrs . improved subdivision5 at that pOlnt. (8) Section 9-114, Purpose of the Destination Resort District, page 99. Delete the second sentence and insert: "This district conte~plates ~ulti-use developments of ten acres or greater that provide on-site recreational, commercial and resort facilities." ( 24) BOARD POSI TION: The Boce rule language modified section 9-114: accepts the concept of the proposed by adding the following language to Destination resorts are contemplated to be located on sites of at least 10 acres except where the location and character of the site or the development itself is such that off-site impacts will be reduced. - 16 - :--., ,-, -'~r' ~..-;;:::....~,.:,=_:.'~- (9) Section 9-126 Land Use District Map, page 101 Delete Subsection C and insert: "The Official Land Use District Map shall be revic\.led, and a~e~ded to be consistent \.lith the Co~prehensive Plan and Future Land Use Map, as provided in Volume II, Section X. C., Subsection G, page 236, of the Plan. The Official Land Use District Map may subse~uently be a~ended fro~ time to time as provided in Chapter 13 of this volume. (2j) BOARD POSI TION: The BOCC amendment to the Plan, land use map. should be accepts the except that dele ted . proposed language as an the reference to -future (10) Section 9-127 Existing Conditions Hap, page 101 to page 102. Delete Subsection C, and insert: "The Existing Conditions Maps may be refined, revie\.led and amended pursuant to the procedures in Chapter 13 of this volume." (26 ) BO ARD PO S I TIO N : fo llovs : The proposed rule language should be changed as The Exist ing Cond it ions Map shall be cor rec ted or refined to reflect conditions in existence on February 28, 1986 pursuant to the procedures in Chapter 13 of th is Volume. - 17 - ':"j~<".. ,---" ~-:-. ..... .'-~r'.. "~",;",:.;,~.~~..~,, -:- .. '.\.:.,'_. ,......',e. ",,',::5~'~,:~:;-,",' .~ The specl..al d istr ic t language should be dele ted BOARD POSI TION: and the Plan amended as follovs in its place: section 9-201. General. A. No struc tu:re--or--land in lobnroe shall hereafter be developed, (27) (11) Division 2. Permitted Uses, page 102 through page 155. (a) After each section title in s~~tlQn~ ,=j@i through 9-225, insert: "SPECIAL DISTRICT REQUIREME!ITS: 1. All development within a land use district of one acre or less shall undergo ~ajor conditional use review to insure that the proposed use is compatible with existing adjacent uses. 2. All development in any areas of particular concern, including those generically designated, must comply with the applicable management policies established in Volume II, pages 185-206." 1. Cau nty u sed or occupied unless expressly authorized in a land use district in this Division. B. Notwithstand ing a.!!L. prov ision of th is Div ision all development: listed as I?er- mi t te~ as of r.igh t with in a ~.~~ ~~and use d Istr ic t wl.th an arrea of one ac re or less shall be considered as a minor cond it iona I use. (b) Section 9-210 Mainland Native Area District, page 12~. Delete Subsection B. - 18 - <.r -.........:~~...-.- . ~ :~. -~. ......+.~ -.-, ~ ,_c~-__~ ........ -,':"_~~ -;.,-:-!", (28 ) BOARD POSI TION: Delete paragraph (b}. (c) section 9-211 Offshore Island District, page 12~ to page 125. Delete Subsection B.l. ( 29) The BOCC accepts the language of the proposed BOARD POSI TION: the Plan to dele te sec tion 9- 211 (B) (l) rule to amend (d) Section 9-212 Improved Subdivision District, page 126 to page 127. After the title of Section 9-212, insert a n'~w Special District Requirement: "J. Development shall be pertlitted in the Improved Subdivision 'District only after verification by the Planning Department that the following requirements are met: a. The parcel proposed for development must be serviced by electricity, roacs and '.later unless it is located north of Big pine Key and then it must be serviced by roads and '.later; b. the parcel proposed for development must have sufficient upland area to accommodate the proposed use in accordance 1.Ii th the required setbacks; and c. the parcel proposed for develop~ent is not located in an area of particular concern, including those generically designated. A lot proposed for develop~ent ~hich does not meet the Special District Requirements shall cause the subdivision to be considered for a Land Use District Yoap change at the next regularly scheduled amendment to the Plan. Subdivisions which are considered for a Land Use District Hap change shall also be revie....cd by the County to:: potenti",l acquisition by land conservation agencies including the Flo::ida L",nd Conservancy described in Volume II, Ap;:,el1dix B," 19 - ~ ':~"':-- ~~~ '-:. ::~ - ,~'. ~ -"~' ,-.;...... ~: :"." .....'.~'. ... .':-oIf- (30) BOARD POSI TION: --Distr ict. Delete the special district language for the IS (e) Section 9-213 Destination Resort District, pa;e ~27, Before Subsection A, insert: 103. A~l proposed developments less than 10 acres shall be evaluated to insure that the development: is not located in an area ~ith already identified inadequate roads or public utilities; ~ill be preceded by a traffic study ~hich demonstrates that the trip generation rate for the proposed develop~ent will be less than fifty percent of the trip generation rate as shown for hotels and motels in the Institute of Transportation Engineering !E!E Generation Manual." (31 ) BOARD POSITION: Delete the special district concept but amend the Plan as follows: Sec. 9- 213. De st ina tion Re sor t Distr ic t A. The following uses are permitted as minor condi- tional uses in the Destination Resort District, subjec t to the standards and procedures set forth in Chapter 5, Division 3: I. Hotels of fever than 50 rooms, provided that: a. the use is compatible with established land uses in the immediately vicinity; b. one or more of the following amenities are available to guests: i. ii. iii. swimming pool; boa t d<ock ing; and tennis courts. - 20 - ....,._~.J!. ....~ . ":.' t:/".~ .:". .~,,::-~:~r . .., - ..'- -'-. . ~.~. .:..i.... - --.~.- ..~:..~~\;.~<~~~~':t-., c. if the site on which the use is located is Ie ss than ten ac re s, the applicant has demonstra ted through a traffic. i-lac t study prepared by a .quali flfi~__1!fO' @I}= sional that traffic generated by tne-UH will not exceed 75% of the tr ips genera ted by a hotel or motel as shown in the Institute of . Transportation Engineering Trip Generation Manual. 2. Commercial retail uses of less than 5,000 square fee t of floor area, prov ided that the use is incidental to the principal use of the parcel proposed for development. 3. Detached residential dwellings. B. The following uses are permi tted as major cond i- tional uses in the Destination Resort District, subject to the standards and procedures set forth in Chapter 5, Division 3: 1. Hotels providing 50 or more rooms, provided th at: a. the hotel as restaurant facilities on or adjacent to the premises: b. access to U.S. I is by way of: c. . (12) i. an existing curb cut: ii. a signalized intersection: or iii. a curb cut that is separated any other curb cur on the same of U. S. I by at least 400 feet. from side if the site on which the use is located is less than ten acres, the applicant has demonstra ted through a traffic impac t study prepared by a qualified professional that traffic generated by the use will not exceed 75% of the tr i,?s genera ted by a hotel or motel as shown 1n the Institute of Transportation ~ngineering Trip Generation Manual. Section 9-J02 Maximum Residential Density and District Open Space, page 156 and page 157. After MILITARY FACILITIES DISTRICT, page 157, insert: "PARK AND REFUGE DISTRICT 0.5 5.0 0.9" - 21 - .7' ,":;,'.~ -..... ....... ;... '. ..' '. ~. ~'.."';o,.. -:. (32) BOARD POSI 'nON: The BOCC accepts the rule as an amendment to the Plan. language of the proposed (13) Section 9-307, Maximum Hotel - Motel, Recreational ., Vehicle and Institutional Residential Densities, 161 and page page 162. After MILITARY FACILITIES, inst. res. , page 162, insert: "PARK AND REFUGE 5.0 20.0. " (33) BOARD POSITION: The BOCC accepts the language of the propQ$eQ rule as an amendment to the Plan. (14) section 9-305 Transferable Development Rights, page 158 through 159. (a) At the end of Subparagraph AS on page 158, delete "and". (b) In Subparagraph A6 on page 159, delete "land that r.eets the density requirements of this Plan," and insert: "land that meets the density requirements of the Plan and these Land Development Regulations." (c) . At the end of subparagraph A6 on page 159, insert: "and" (d) After Subparagraph A6 on page 159, insert Sub- paragraph A7: "7. The allocated density of the receiver site is greater than or equal to the allocated density of the parcel from which the TOR is severed." -......~...:-::"'>.-~ - 22 - .. -.-?:.,.-, ._-.7.....~'::,.:.-'i ~.:.;.:-:"'.,:~.~ - ,;'- ., - ;.,~.":7' ~'. 7' '.i:.~~;C.:;,':_;:. __ ~. (34) BOARD POSITION: The BOCC accepts the languagE.l gf ttH~ PF~9!jg9 rule as an amendment to the Plan~ (15) Delete Subsection 9-502 B Allocation of Develop::lent Permits, paragraph 5e., page 171. (35) BOARD POSI TION: The BOCC accepts the proposed change but only if the following language is inserted in the place of subsection 9- 502 B (5) (c) : The requirements of sections 9-501 and 9-502 shall not become effective until February 28, 1988. (16) Section 9-503 Surface Water Manage~cnt Criteria, page 171 to page 172. After Section 9-503, insert new section: "Section 9-503 A Revision of Surface Water Management Criteria. The Monroe County Planning Commission shall consult with the Florida Depart~ent of Environmental Regulation and the South Florida Water Management District, and shall recommend a storcwater ~anage~ent ordinance for adoption by the Monroe County Board of County Commissioners, which is consistent with Chapter 17-25, Florida Administrative Code. Said recommendation shall be provided to the Board of County Commissioners pursuant to Section l3J101 of these regulations, within 6 months of their effective date." - 23 - <;:-, ;~--'~....:::;,~~"t.....;.-~....., ..........~ -t.'.\f;_';:';'--~-:~-'- ':"".~':.~_._O-' .' t:. ~~..~~: .o;;.:~' ::" . ~.~ ;..~-~....' - ~ :>to<.' _;,-,-:..y, :.~~ _~~::.'. (40) th language of the proposed BOARD POSI TION: The BOCC accepts e rule as an amendment to the Plan. (17) Delete Subsection 9-811 B Salt Marsh and Buttonwood Associations, paragraph 1., page 205 and insert: "No till shall be placed on a parcel proposed for development except the minimum needed in conjunction with an accessway that complies with the requirements of this subsection. For the purposes of this subsection, fill does not include pilings when used to support a permitted structure." (41 ) BOARD POSITION: The proposed rule language should be deleted and the Plan amended as follows: B. Salt Marsh and Buttonwood Associations 1. No fi 11 shall be placed on a parce 1 proposed for development except for fill in conjunction with an accessway that complies with the requirements of ... paragraphs 2 or 3 of this sub-section and except for a limited area of 1,000 square feet or 7-1/2% of the parcel proposed for development less the area of any t;>uildings developed on the parcel, whichever 1.S g rea ter, prov ided that: a. -the area proposed to be filled is not vegettated with woody plants; b. the area of fill is to be used for land- scape pmrposes in conjunction with devel- oped struc tu re s; c. . th e f i 11 ma te ria 1 ; is composed of a por ou s - 24 - r,_,~ ~~".;~~_,' -~;";i<':'.,~~j,.~_~_"7'" :::~,'.;c:-~""_-' _"':;~" ~-.~" ~ :'-:-;';;~~-:f~~_~:~'~~:-;<-~~:"l[::~,;~~' d. e. ~ h. f. the area of fi:R.l is not .Lu\'""ted within the a~ea of required open space; and the area of fi 11 is the least vegeta ted part of the site; the area of fi 11 is located and or iented so that the direction and rate of histor- ical surface water flows are not altered; the a~ea of fill does not serve as habi- tat for a threatened or endangered sp ec ie s ; the edges of the fi 11 area are develop- ment with retention swales so that con- taminated surface water is retained prior to inflitration or flow into the undis- turbed portion of the site; and i. the 10cation and design of the fill area will not have significant adverse impact on the functional integrity of the method of which the area is a part. 2. All structures except for surface access roads shall be elevated on pilings or other suppccts such that the natural hydrologic regime of the site is not altered; 3. Access to any structure shall be by elevated structure or surface road or path that is designed and constructed such that the natural movement of water including volume, rate and direction of flow wiJLI not be substantially disrupted or altered; and 4. Wastewater treatment shall be provided by: a. a waterless toilet approved by Plor ida Department of Health Rehabilitative Services; or the and b. wastewater treatment system that is lo- cated or discharges in or on an upland habitat type, as shown on the Existing Conditions Map. (18) Chapter 11, Areas of Critical County Concern, page 253 to page 262. (a) After Section 11-103, insert a new section: "Section 11-103A, Threshold Desiqnations. When the P1annir.g Department's annual report, prepared '_',~o;:.:c'-".,' -- - 25 - -~.",::-~_:'~~' r- ~;~-)!f"'~""!":~.- ~.~~-- : ,.it_:~~ ,~~ ..- ~-~-., ~~ .,~;,;: ._..... ~ -;_,-,,-:-:~~ .-~,';'.'''''' ........' _:'.'- . "" . - '" -, -~'. . '- ._...;...... ,~:_,' -'- pursuant to Subsection 9-502 B, identifies areas with specific . i h shall be designated as Areas of service deficlenc es, t ese areas Critical County Concern (ACCC) in accordance with section l~~lQ~ 05. As part of this designation, the Planning Department shall formulate a work program and management policies for each designation. Threshold designation creas ~ust meet all requirements of Chapter 11. Areas within Monroe County which meet the following criteria in the ..,nual report, shall be designated ACCC: a. areas within twenty-five miles of a solid waste site with a minimum expected life capacity of less than five years; b. areas within three miles of any section of US 1, State Road 905 or any secondary road which is operating at or below Level of Service D on an annual average. Additional thresholds for designations may be proposed by the Planning Director. A threshold ACCC may be repealed only after the deficiencies which caused the designation no longer exist." (b) Delete Section 11-104, and insert: "Upon designation of an area of the County under the provisions of this Chapter, no person shall carry out any development unless a development impact report demonstrating that the proposed development will have no adverse impact on the values identified as the basis for designation of the Area of critical County Concern is approved by the Board of County Conmissioners as part of a major conditional use. Development within an Area of Critical County Concern shall conform to all environmental standards of the Plan and development regulations, and the maximum net density in an ACCC shall be no greater than the maximum net density of ,the land which the designation supersedes." (c) Subsection 11-107 A, page 254, delete "the area which is described on Appendix B", and insert: "as that - 26 - ,>~.;..,.,~--:-."" :~;~.~.~.:'-:.~ ~... '-.'. .~. ", .. "~-:~;~:::::~;::''''''~: ;',} :>~:-.:...:~~,:~~. .. .,' ,: ..'. ~::",'~:'. ;-'" '.' . '.--"- portion of Key Largo located between the junction of state Road 905 and U.s. Route 1 and the Dade county bound~ry ~t ^fl~~i Fish Creek". (d) Subsection 11-107 D, page 255, 1. In Subparagraphs 1 and J, delete each "on Appendix B" and insert "within the North Key Largo Area of critical County Concern." 2. In Subparagraph 4, delete "in Appendix B" rt ""ithin the North Key Largo Area of critical County ail-. ':n~t:: ... _ _ Concern." (e) Subsection 11-108 A, page 256, delete "Appendix C", and insert "Land Use Dist:-ict Map Humber 10 of 21". (f) Subsection 11-109 A, page 258, delete "Appendix C", and insert: "Land Use District Map Numbers 8 and 9 of 21". (g) Subsection 11-110 A, page 260, delete "Appendix Oil, and insert "Land Use District Map Number 14 of 21". (42) BOARD POSI TION: The BOCC accepts the threshold concept but the language should be IOOdified by adding the following language to the end of the proposed section 11-103A: prov ided that the desig na tion of an Area of Cr it i- cal County Concern as a result of a threshold designa tion shall not have any effect on develop- ment permitting_ (ll-lOJA) The following language should be added to proposed Section 11-104: Upon desig na tion of an area of the County under the provisions of this Chapter except for threshold desig na tions no per son shall carry ou t any development unless a development impact repor t deIOC>nstrating that the proposed development will have no adverse impac t on the values ident ified as the basis for desig na tion of the Area of Cr it ical - 27 - . ~/"~~~::'~'~~:';~;~~,~~;i- ~.t:;:: {~::;,] . . '.' ~ . ;.....,. ~t~~~~:~,;if;, ounty Concern is approved by the BI ..:1 of County Commissioners as part of a major co~:_-;_lonal use. Development within an Area of Critic~l County Concern shall conform to all environ~ntal standards of the Plan and development regulations, and the maximum net density in an K:C durinc:J the period of the planning program shall b@ 00 'f@~Wf than the maximum net density of the land Whleh th@ desig na tion supersedes. (19) section 13-101 E Typographical or drafting errors. page 302. Delete Subsection 13-101 E and insert: ."Amendoents to the text to correct typographical or drafting errors may be ado~ted by the Board of County Commissions without posted notice or public hearing at any regular meeting. As long as the county is within an Area of critical state Concern, notice of such amendments shall be transmitted to the Florida Department of co~unity Affairs within 30 days." (43) BOARD PaSI TION: The BOCC accepts the proposed language of the rule as an amendment to the Plan. (20) Subsections 1~-101 A and B, page 303, delete Section l~-lOl A and insert: "The Planning Commission shall have the authority to hear and decide appeals from any decision, detercination or interpretation by any administrative official with respect to the provisions of this Chapter other than decisions in regard to application for major conditional use permits subject to the standards and procedures hereinafter set forth, except that the Board of County Commissioners shall hear and decide appeals from administrative actions regarding the floodplain management provisions of this Volume." (44) BOARD PaSI TION: The language of the proposed rule has been adopted by the BOCC except that the reference to the cond i- tional use should dele ted as follows: ...6eftel" ~ftaft t!e-ei-s-i:efts ~ft l"e-g-aM ~ app~i-ea~i:efts Eel" .aiel" eeMi-~i:efta~ ttse- pe-l".i-~s- s-ttb;.e-e~ ~;-;-. - 28 - .~ _....,~ ~ 'll- ~,..~......-: ......'"':'".; '-~""-";':;._-..."..::'...~;.:--~.t:':t",...,......_ ~-,e ~.. -..,....__._~~....-.;.'. .-t"..~_;r_ ~.~~ . "'-."""'.., ... (b) 1A 101 a and insert: Delete ..- may be initiated by an owner, or advetsely affected person, 11 t ~d~acen~ ~pp _A~"_, e~1" al "An appeal aggrie',1ed property o~ner or any 3215(2) Florida statutes (1985), from any defined by section 163. i' interpretation by any d ~ decision determinat on, or or e~, , . respect to the provisions of thls ad~inistratlve orficlal ~ith Chapter." (45) BOARD POSI TION: The BOCC accepts the proposed language of the rule as an amendment to the Plan. (21) Delete Appendices a, c, and D (46) BOARD POSITION: The BOCC accepts the proposed language of the rule as an amendment to the Plan. Specific Authority 380.05(8), F.S., La~ Implemented 380.05(8), 380.055(4), F.S. History Ne~. NAME OF PERSON ORIGINATING PROPOSED RULE: Estus Whitfield, Senior Governmental Analyst NA..'1E OF SUPERVISOR OR PERSON WHO APPROVED PROPOSED RULE: Estus Whitfield, Senior Governmental Analyst, Governor's Office of Planning and Budgeting. DATE PROPOSED RULE APPROVED: May 20, 1986 Additional Changes Adopted by the Board NOT REFLECTED IN THE RULE: (1) Page 42 Volume III. The Department of Community Affairs should be represented on the County's Development Review Committee as an ex officio member. (2) Page 235 of Volume II should be amended to delete sub- parag raph c and to renumber subparag raph d as subpara- graph c and Section 13-101 D(5) (c) should be deleted and subparagraph d should be renumbered as subparagraph c. - 29 - ',._ 8.~~..,' _.~_ --'"<-~ 1"- .?"_~_. - _,....~,;. .::--'":"~___.._..:_.-:>~,,__