Resolution 203-1986
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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
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By ,
MAYOR/CHAIRYJAN
(SEAL)
Attest:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS' COMMENTS
TO RULE NO: 27F-9
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JUL 3 1988
COUNTY AD'1
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Administra~~un Commission
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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.
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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.
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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
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the DepartDent of co~unity Affairs in Rule 9J-14,
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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."
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(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
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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.
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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.
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(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
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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
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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."
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'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,,__"
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(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.
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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)."
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( 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:
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"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."
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(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."
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( 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 -
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--'"<-~ 1"- .?"_~_. - _,....~,;. .::--'":"~___.._..:_.-:>~,,__