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Ordinance 032-2012 { { ORDINANCE NO. 032 -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.4.5 TO CHANGE THE DESCRIPTION OF THE MIXED USE /COMMERCIAL (MC) FUTURE LAND USE MAP CATEGORY; AMENDING POLICY 101.4.21 TO ASSIGN THE MARITIME INDUSTRIES (MI) ZONING DISTRICT TO THE MC CATEGORY; AMENDING THE MAXIMUM NET DENSITY RANGE AND THE MAXIMUM INTENSITY RANGE FOR THE MC FUTURE LAND USE MAP CATEGORY AND TO CLARIFY THE FOOTNOTES WITHIN THE TABLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN. WHEREAS, Longstock II, LLC, submitted an application to amend Policies 101.4.5 and 101.4.21 to amend the Mixed Use /Commercial (MC) Future Land Use Map Category description and assign the Maritime Industries (MI) Zoning District to the MC category; and WHEREAS, for consistency purposes, Monroe County is amending the Table in Policy 101.4.21 to amend the maximum net density range and the maximum intensity range for the Mixed Use /Commercial (MC) Future Land Use Map Category and to clarify the footnotes within the table; and WHEREAS, Policy 101.4.7 of the Monroe County Comprehensive Plan establishes the Industrial land use category which provides for the development of industrial, manufacturing, and warehouse and distribution uses. The Industrial land use category also allows other commercial, public, residential, and commercial fishing- related uses. The Industrial land use category does not provide for transient uses; and WHEREAS, the Maritime Industries (MI) zoning category is one of the corresponding zoning categories of the Industrial future land use map (FLUM) designation category; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 17 day of October, 2011; and WHEREAS, at a regularly scheduled meeting held on the 1 day of December, 2011, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Planning Commission made the following findings of fact and conclusions of law: 1. Longstock II, LLC, requested a Future Land Use Map amendment from Industrial to Mixed Use /Commercial (MC) for three (3) parcels (00123760- 000200, 00123720 - 000100 and 00123720 - 000200) on Stock Island. 2. Working waterfront uses are considered mainly as industrial uses and the requested amendment may impact working waterfront uses, commercial fishing uses and public access. 3. The County has not adopted Comprehensive Plan amendments to further protect and preserve working waterfront uses and the proposed amendment by Longstock II, LLC may impact working waterfronts and any such amendments should not be considered on a piecemeal basis. WHEREAS, the Monroe County Planning Commission passed Resolution 45 -11 recommending against transmittal of the proposed amendment; and WHEREAS, Longstock II, LLC, submitted revisions to the proposed amendments intended to address concerns about the appropriate mixture of uses and protecting working waterfronts expressed by members of the Planning Commission; and WHEREAS, Monroe County has recommended additional amendments to require the preservation of upland and water -based facilities for working waterfront uses; and WHEREAS, at a special meeting held on the 13 day of February, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment to the State Land Planning Agency; and WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County which did not identify any objections, or comments related to important state resources and facilities that will be adversely impacted by the amendment, if it is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: Policy 101.4.5 The principal purpose of the Mixed Use /Commercial land use category is to provide for the establishment of commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. The land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non - residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the maintenance and enhancement of community character and recreational and commercial working waterfronts. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply; and 3. maximum net residential density shall be zero. In order to preserve and promote recreational and commercial working waterfront uses, as defined by 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime Industries (MI) land use (zoning) district within this land use category: 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a minimum of 35% of the upland area of the property for those uses. 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live - aboard vessels solely used as a residence and not for navigation. 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live - aboard vessels solely used as a residence and not for navigation. 4. The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. 5. For permanent residential development, parcels within the MI zoning district shall be limited to commercial apartments or employee housing. Commercial apartment means an attached or detached residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. 6. The preservation of a public access walkway shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square feet of floor area. Policy 101.4.21 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category Allocated Density (b) Maximum Net Density (a) (e) ( i) Maximum Intensity And Corresponcirg Zoning (per acre) (per bui acre) (floor area ratio) Agriculture (A) (r') 0 du WA 020-0.25 (no drecily corresporxing zoning) 0 rooms/spaces WA Airport (AD) 0 du N/A 0.10 (AD zoning) 0 rooms/spaces WA Conservation (C) 0 du N/A 0.05 (CD zoning) 0 rooms/spaces WA Education (E) (h) 0 du N/A 0.30 (no cirectly corresporxing zoning) 0 rooms/spaoes WA E Industrial (I) 1 du 2 du 025-0.60 (I and MI zoning) 0 rooms/spaces N/A Institutional (INS) (r') 0 du N/A 025-0.40 (no cirectly conesporrcing zoning) 3-15 room 5-24 rooms/spaces Mainland Native (MN) 0.01 du WA 0.10 (MN zoning) 0 rooms/spaces WA Miitary (M) 6 du 12 du 0.30 -0.50 (MF zoning) 10 roans/spaces 20 rooms/spaces Moved Use/Commercial (MO G) 1-6 du 2-18 du 0.10-0.45 (SC, UC, DR, RV, MU and 5-15 rooms/spaces 10-25 rooms/spaces (SC, UC, tit, RV and MU zoning) MI zoning) 1 du (MI zoning) 2 du (MI zoning) 0.30-0.60 (MI zonng) Moved Use/Commercial Fishing (MCF)0) Approx. 3-8 du 12 du 025-0.40 (CFA, CFVC), CFSD zoning) 0 rooms/spaces 0 rooms/spaces Public Facilities (PF) (h) 0 du WA 0.10-0.30 (no drectiy corresporxing zoning) 0 rooms/spaces WA Pub Builcings/Grounds (PB) (h) 0 du N/A 0.10-0.30 (no cirectly O w i ng ) 0 rooms/spaces N/A Recreation (R) 025 du N/A 020 (PR zoning) 2 rooms/spaces N/A Residential Conservation (RC) 0-0.25 du WA 0-0.10 (OS and NA zoning) 0 rooms/spaoes WA Residential Low (RL) 025 -0.50 du 5 du 020-025 (SS(, SR, and SR- Lzoning) 0 rooms/spaces WA Residential Medium (RM) approx. 0.5-8 du N/A 0 (IS zoning) (1 du1ot) N/A 0 rooms/spaces Residential High (RH) approx. 3-16 du 12 du 0 URM (e), and URM zoning) (1 -2 dw1ot) 20 rooms/spaces 10 rooms/spaoes Notes: (a) "N/A" means that maximum net density bonuses shall not be available. (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (c) The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available. (d) Maximum net density bonuses shall not be available to the SS district. (e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be available. (f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly corresponding zoning, may be incorporated into new or existing zoning districts as appropriate. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. (j) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, pursuant to Policy 101.4.5. Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21st day of Sept. , 2012. Mayor David Rice Yes Mayor pro tem Kim Wigington Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor David e (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MO" nr N E Y =ORM Date: Kam `c CZ) n "r1 0 4 r. n LT-) O r •--J MONROE COUNTY COURTHOUSE BRANCH OFFICE: � b 500 WHITEHEAU STREET, SUITE 101 .-� ,.., 1 GOUN 1 c PLANTATION KEY KEY WEST, FLORIDA 33040 "•.P GOVERNMENT CENTER TEL. (305) 294 -4641 *: _ ./.10 # 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 I I �; PLANTATION KEY, FLORIDA 33070 II ° gy p • o "e TEL. (305) 852 -7145 BRANCH OFFICE: FAX " ` F� FAX (305) 852 - 7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARAT FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 - 6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145 FAX (305) 853 -7440 October 1, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and/or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140- 000000, 00247150- 000000, 00247160- 000000, 00247170 - 000000, and 00247180- 000000 from undesignated and Tier I to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density /intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295- 3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney via e File/ U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us