Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 15. 2002
Division: Growth Management
Bulk Item; Yes
No~
Department: Planning
AGENDA ITEM WORDING: The second of two public hearings to consider an ordinance amending Section 9.5-247
(Commercial Fishing Special Districts) Momoe County Code, to permit public wastewater treatment facilities as a major
conditional use.
ITEM BACKGROUND: The Planning Department is proposing an amendment to Section 9.5-247 of the Momoe County
Land Development Regulations. The amendment adds language to permit, as a minor conditional use, the construction of
wastewater treatment facilities and wastewater treatment collection systems intended to serve uses in the same and/or other
land use districts. The affected land use district is Commercial Fishing Special Districts. Currently, wastewater treatment
facilities are accessory uses and must serve a principal use located on the same parcel of land and in the same land use
district. The new amendment permits wastewater treatment facilities and wastewater treatment collection system(s) serving
(a) use(s) located in any land use district. In accordance with the Year 2010 Comprehensive Plan, a countywide Sanitary
Wastewater Master Plan was developed and approved by the Board of County Commissioners (BOCC) in the year 2000.
The Planning Department sponsored an amendment to the Land Development Regulations to facilitate implementation of
the plan. Comments at public hearings on the proposed amendment resulted in the Board removing certain land use districts
from the amendment. As a result, Commercial Fishing Special Districts were not included. Since that time, various
conditions and assumptions have changed to the point where maximum flexibility in siting these facilities has resulted in the
need to include this proposed amendment in Section 9.5-247 Commercial Fishing Special Districts.
At the March 7,2002 public meeting of the Development Review Committee, the DRC voted to approve the amendment to
the LDR text as presented.
At the regular public meeting of the Momoe County Planning Commission on March 13, 2002, the Commission, after
review of the DRC staff report and discussion, amended the proposed language of the text to require approval of the use as a
major conditional use instead of the originally proposed requirement for approval as a minor conditional use. It was
decided that a use as potentially significant as a wastewater treatment facility should be subject to the greatest level of
public participation.
PREVIOUS RELEVANT BOARD ACTION: The first of the two public hearings was held on 4/17/02.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO COUNTY: None
REVENUE PRODUCING:
N/A
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty 1L-
. k Management _ N/ A_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~ To Follow_ Not Required_
DISPOSITION:
AGENDA ITEM #
v&
Revised 2/27/01
PROPOSED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Key Largo, Florida
May 15, 2002
PROPOSED AMENDMENT TO LAND DEVELOPMENT
REGULATIONS, SECTION 9.5-247
COMMERCIAL FISHING SPECIAL DISTRICTS
Proposed Amendment to Section 9.5-247 Commercial Fishing Special
Districts of the Land Development Regulations to permit public
wastewater treatment facilities as a major conditional use.
LOR Text Amendment Recommendations
Staff Approva I February 12, 2002 Staff Report
DRC Approval March 7, 2002 Resolution # 004-02
PC Approval March 13, 2002 Resolution # P18-02
(As Amended)
BOCC April 17, 2002 First Public Hearing
ORDINANCE NO. -2002
AN ORDINANCE AMENDING SECTION 9.5-247, MONROE
COUNTY CODE; PROVIDING FOR WASTEWATER TREATMENT
FACILITIES IN COMMERCIAL FISHING SPECIAL DISTRICTS;
PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE MONROE
COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO
FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies
six criteria for amending the land development regulations of which at least one
must be met; and
WHEREAS, wastewater treatment facilities have become a critical issue
for the Florida Keys; and
WHEREAS, The maximum flexibility for the location of these facilities is of
utmost importance to Monroe County; and
WHEREAS, the ability to construct wastewater treatment facilities that can
serve multiple users will provide additional benefits to the community; and
WHEREAS, the proposed amendment provides regulations that will
integrate the proposed facilities with the existing community and screen the
required structures from the adjacent parcels of land; and
WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this
text amendment; and
WHEREAS, The proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the proposed amendment supports implementation of several
policies in the Comprehensive Plan; and
WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses
the Sanitary Sewer element of the plan; and
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WHEREAS, based on the Monroe County Code, staff finds that the
proposed text amendment is consistent with Section 9.5-511 of the Monroe
County Code; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, staff finds that the proposed text amendment is consistent with and furthers
the goals of the Plan; and
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendment to the Monroe County Code submitted by
the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held the
first of two required public hearings on April 17, 2002; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted and transmitted to the state land-planning agency for approval.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Chapter 9.5, Article VII Division 2, Monroe County Code, is hereby
amended to include the following:
Sec. 9.5-247 Commercial Fishing Special District.
(v) The following uses are permitted as major conditional uses in all
Commercial Fishing Special Districts, subject to the standards and procedures
set forth in article III, division 3:
(1) Wastewater treatment facilities and wastewater treatment collection
system ( s) serving (a) use( s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment
collection system(s) is (are) in compliance with all federal, state,
and local requirements; and
b. The wastewater treatment facility, wastewater treatment
collection system(s) and accessory uses shall be screened by
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Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
structure(s) designed to be architecturally consistent with the
character of the surrounding community and minimize the impact of
any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior of the screening structure shall be
established with the following:
1. One native canopy tree for every twenty-five (25) linear feet of
screening structure; and one understory tree for every ten (10)
linear feet of screening structure; and
2. The required trees shall be evenly distributed throughout the
planting bed; and
3. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
4. A solid fence may be required upon determination by the
Planning Director
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.
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
APPROVED t ,'" """" rop.M:::
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Fred Gross, Director of Lower Keys Planning Team
DATE:
April 19, 2002
RE:
Proposed Amendment to Section 9.5-247 Commercial Fishing
Special Districts of the land Development Regulations to permit
public wastewater treatment facilities as a major conditional use.
MEETING DATE: May 15, 2002
BACKGROUND:
The Planning Department is proposing an amendment to Section 9.5-247 of the Monroe
County Land Development Regulations. The amendment adds language to permit, as a
minor conditional use, the construction of wastewater treatment facilities and
wastewater treatment collection systems intended to serve uses in the same and/or
other land use districts. The affected land use district is Commercial Fishing Special
Districts. Currently, wastewater treatment facilities are accessory uses and must serve
a principal use located on the same parcel of land and in the same land use district.
The new amendment permits wastewater treatment facilities and wastewater treatment
collection system(s) serving (a) use(s) located in any land use district. In accordance
with the Year 2010 Comprehensive Plan, a countywide Sanitary Wastewater Master
Plan was developed and approved by the Board of County Commissioners (BOCC) in
the year 2000. The Planning Department sponsored an amendment to the Land
Development Regulations to facilitate implementation of the plan. Comments at public
hearings on the proposed amendment resulted in the Board removing certain land use
districts from the amendment. As a result, Commercial Fishing Special Districts were
not included. Since that time, various conditions and assumptions have changed to the
point where maximum flexibility in siting these facilities has resulted in the need to
include this proposed amendment in Section 9.5-247 Commercial Fishing Special
Districts.
At the March 7, 2002 Public Meeting of the Development Review Committee, the DRC
voted to approve the amendment to the LOR text as presented.
Page 1 of 4
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At the regular Public Meeting of the Monroe County Planning Commission on March 13,
2002, the Commission, after review of the DRC staff report and discussion, amended
the proposed language of the text to require approval of the use as a major conditional
use rather than the original proposed requirement for approval as a minor conditional
use. It was decided that a use as potentially significant as a wastewater treatment
facility should be subject to the greatest level of public participation.
The Monroe County Board of County Commissioners held the first of two duly
advertised public hearings on April 17, 2002.
ANAL YSIS:
County requirements for changes to the land development regulations:
Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land
development regulations. Specifically, Section 9.5-511 (d)(5)b identifies six criteria for
amending the land development regulations, one of which must be met.
The proposed wastewater treatment facilities amendments are supported by Item (i)
which refers to changed projections upon which the original text was based such as
public service needs. Wastewater treatment facilities have become a critical issue for
the Florida Keys. The maximum flexibility for the location of these facilities is of utmost
importance to Monroe County. The ability to construct wastewater treatment facilities
that can serve multiple users will provide additional benefits to the community.
Furthermore, the proposed amendment provides regulations that will integrate the
proposed facilities with the existing community and screen the required structures from
the adjacent parcels of land.
Item (v), New Issues, of Section 9.5-511 further supports this text amendment. The
current Land Development Regulations were written in 1986. At that time, the authors
did not address the issue of wastewater treatment facilities and the concept of regional,
or public, wastewater treatment facilities was not incorporated. In the year 2000,
amendments to permit these facilities in various land use districts were approved.
Today the need to expand siting alternatives has become a reality.
The proposed text amendments are consistent with the Monroe County Year 2010
Comprehensive Plan. The proposed amendments seek to support written
implementation of several policies in the Comprehensive Plan.
Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element
of the plan. Goal 901 is as follows:
"Monroe County shall provide for adequate, economically sound collection, treatment
and disposal of sewage which meets the needs of present and future residents while
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ensuring the protection of public health, and the maintenance and protection of ground,
nearshore, and offshore water quality."
To accomplish this goal, Monroe County has put forth five major objectives and a total
of 48 policies. Specifically, Objective 901.1 requires Monroe County to ensure that
adequate sanitary wastewater treatment facilities are available to support any
development concurrent with the impacts of such development.
Furthermore, Policy 901.1.4 requires that all development permits for wastewater
treatment facilities demonstrate compliance with applicable federal, state, and local
permit regulations. The proposed amendment will facilitate meeting these Goals,
Objectives and Policies by broadening the possible locations available to construct such
facilities.
PROPOSED REVISIONS:
The proposed amendment to Section 9.5-247 of the Monroe County Land Development
Regulations is as follows:
Sec. 9.5-247 Commercial Fishing Special District.
{v) The following uses are permitted as major conditional uses in all Commercial
Fishing Special Districts, subject to the standards and procedures set forth in article III,
division 3:
(1) Wastewater treatment facilities and wastewater treatment collection system(s)
serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection system(s)
and accessory uses shall be screened by structure(s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII, division 10, a
planting bed, eight (8) feet in width, to be measured perpendicular to the exterior
of the screening structure shall be established with the following:
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1. One native canopy tree for every twenty-five (25) linear feet of screening
structure and one understory tree for every ten (10) linear feet of screening
structure; and
2. The required trees shall be evenly distributed throughout the planting bed;
and
3. The planting bed shall be installed as set forth in article VII, division 10 and
maintained in perpetuity; and
4. A solid fence may be required upon determination by the Planning Director
IV. FINDINGS:
Based on the Monroe County Code, staff finds that the proposed text amendment is
consistent with Section 9.5-511 of the Monroe County Code.
Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the
proposed text amendment is consistent with and furthers the goals of the Plan.
RECOMMENDATION:
The Planning Commission recommends APPROVAL to the Monroe County Board of
County Commissioners of the proposed text amendment to Sections 9.5-247 of the
Monroe County of the Land Development Regulations.
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P18-02
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF
SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL
DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT
FACILITIES AS A MAJOR CONDITIONAL USE.
WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for
amending the text of the land development regulations. Specifically, Section 9.5-
511 (d)(5)b identifies six criteria for amending the land development regulations,
one of which must be met; and
WHEREAS, wastewater treatment facilities have become a critical issue
for the Florida Keys; and
WHEREAS, The maximum flexibility for the location of these facilities is of
utmost importance to Monroe County; and
WHEREAS, the ability to construct wastewater treatment facilities that can
serve multiple users will provide additional benefits to the community; and
WHEREAS, the proposed amendment provides regulations that will
integrate the proposed facilities with the existing community and screen the
required structures from the adjacent parcels of land; and
WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this
text amendment.
WHEREAS, The proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan.
WHEREAS, the proposed amendment supports implementation of several
policies in the Comprehensive Plan; and
WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses
the Sanitary Sewer element of the plan; and
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WHEREAS, based on the Monroe County Code, staff finds that the
proposed text amendment is consistent with Section 9.5-511 of the Monroe
County Code; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, staff finds that the proposed text amendment is consistent with and furthers
the goals of the Plan;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendment to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
Sec. 9.5-247 Commercial Fishing Special District.
(v) The following uses are permitted as major conditional uses in all
Commercial Fishing Special Districts, subject to the standards and procedures
set forth in article III, division 3:
(1) Wastewater treatment facilities and wastewater treatment collection
system(s) serving (a) use(s) located in any land use district provided that:
The wastewater treatment facility and wastewater treatment collection system(s)
is (are) in compliance with all federal, state, and local requirements; and
The wastewater treatment facility, wastewater treatment collection system(s);
and
accessory uses shall be screened by structure(s) designed to:
Be architecturally consistent with the character of the surrounding community;
and
Minimize the impact of any outdoor storage, temporary or permanent; and
(2) In addition to any district boundary buffers set forth in article VII, division 10,
a planting bed, eight (8) feet in width, to be measured perpendicular to the
exterior of the screening structure shall be established with the following:
0) One native canopy tree for every twenty-five (25) linear feet of screening
structure; and
(ii) One understory tree for every ten (10) linear feet of screening structure;
and
The required trees shall be evenly distributed throughout the planting bed; and
The planting bed shall be installed as set forth in article VII, division 10 and
maintained in perpetuity; and
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Wi) A solid fence may be reauired upon determination bv the PlanninQ
Director
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 13th day of March, 2002.
David C. Ritz, Chair
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of March, 2002
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MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #004-02
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF
SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL
DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT
FACILITIES AS A MINOR CONDITIONAL USE.
WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for
amending the text of the land development regulations. Specifically, Section 9.5-
511 (d)(5)b identifies six criteria for amending the land development regulations,
one of which must be met; and
WHEREAS, wastewater treatment facilities have become a critical issue
for the Florida Keys; and
WHEREAS, The maximum flexibility for the location of these facilities is of
utmost importance to Monroe County; and
WHEREAS, the ability to construct wastewater treatment facilities that can
serve multiple users will provide additional benefits to the community; and
WHEREAS, the proposed amendment provides regulations that will
integrate the proposed facilities with the existing community and screen the
required structures from the adjacent parcels of land; and
WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this
text amendment.
WHEREAS, The proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan
WHEREAS, the proposed amendment supports implementation of several
policies in the Comprehensive Plan; and
WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses
the Sanitary Sewer element of the plan; and
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WHEREAS, based on the Monroe County Code, staff finds that the
proposed text amendment is consistent with Section 9.5-511 of the Monroe
County Code; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, staff finds that the proposed text amendment is consistent with and furthers
the goals of the Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendment to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
Sec. 9.5-247 Commercial Fishing Special District.
(v) The followino uses are permitted as minor conditional uses in all
Commercial FishinQ Special Districts, subiect to the standards and procedures
set forth in article III. division 3:
(1) Wastewater treatment facilities and wastewater treatment collection
system(s) servinQ (a) use(s) located in any land use district provided that:
The wastewater treatment facility and wastewater treatment collection system(s)
is (are) in compliance with all federal, state. and local reQuirements: and
The wastewater treatment facility. wastewater treatment collection system(s):
and
accessory uses shall be screened by structure(s) desioned to:
Be architecturally consistent with the character of the surroundinQ community:
and
Minimize the impact of any outdoor storaQe. temporary or permanent: and
(2) In addition to any district boundary buffers set forth in article VII. division 10.
a plantino bed. eioht (8) feet in width. to be measured perpendicular to the
exterior of the screenino structure shall be established with the followino:
(i) One native canopy tree for every twenty-five (25) linear feet of screenino
structure: and
(ij) One understory tree for every ten (10) linear feet of screenino structure:
and
The reQuired trees shall be evenly distributed throuohout the plantino bed: and
The plantino bed shall be installed as set forth in article VII. division 10 and
maintained in perpetuity: and
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Wi) A solid fence may be reauired upon determination bv the PlanninQ
Director
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 7th day of March, 2002.
Fred Gross, Director, LowerKeys Planning Team (Chair)
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this
day of March, 2002
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