Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16,2002
Division:
Growth Management
Bulk Item: Yes No X
Department:
Planning & Env. Resources
AGENDA ITEM WORDING: First of two public hearings for proposed amendment to Section 9.5-243 (Destination
Resort District), Section 9.5-244 (Recreational Vehicle District), Section 9.5-248 (mixed Use District), and Section 9.5-250
(Maritime Industrial District) of the Land Development Regulations to permit public wastewater treatment facilities as a
major conditional use.
ITEM BACKGROUND: The Planning Department is proposing amendments to Sections 9.5-243 Destination Resort
District, 9.5-244 Recreational Vehicle District, 9.5-248 Mixed Use District, and 9.5-250 Maritime Industrial District of the
Monroe County Land Development Regulations. The amendments add language to permit, as a major 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. 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 amendments permit 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,
these 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 these proposed amendments in the Districts
identified above.
At the August 13, 2002 public meeting of the Development Review Committee, the DRC voted to approve the
amendments to the LDR text as presented. At the Planning Commission public hearing of September II, 2002, the
Commission voted to approve the amendments to the LDR text as presented.
PREVIOUS REVELANT BOCC ACTION: On March 13,2002. the Commission recommended approval of a similar
text amendment to 9.5-247 (Commercial Fishing Special Districts). On May 8, 2002, the Commission recommended
approval of a similar text amendment to 9.5-242 (Improved Subdivision District).
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING:
Yes
No X
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty ~
Risk Management _N/A_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
AGENDA ITEM # ,t//
PROPOSED TEXT AMENDMENT TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS
Board of County Commissioners
Key West Harvey Government Center
October 16, 2002
PROPOSED AMENDMENT TO MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
This is an amendment to Sections 9.5-243 Destination Resort District, 9.5-244
Recreational Vehicle District, 9.5-248 Mixed Use District, and 9.5-250 Maritime
Industrial District of the Monroe County Land Development Regulations to permit
public wastewater treatment facilities as a major conditional use.
Text Amendment Recommendations
Staff:
Approval
September 24, 2002
Staff Report
DRC:
Approval
August 13, 2002
Resolution #D05-02
PC:
Approval
September 11, 2002
Resolution #P32-02
ORDINANCE NO. -2002
AN ORDINANCE AMENDING SECTIONS 9.5-243 (DESTINATION
RESORT DISTRICT), 9.5-244 (RECREATIONAL VEHICLE
DISTRICT), 9.5-248 (MIXED USE DISTRICT), AND 9.5-250
(MARITIME INDUSTRIAL DISTRICT) TO PERMIT PUBLIC
WASTEWATER TREATMENT FACILITIES AS A MAJOR
CONDITIONAL USE; 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, 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 (iv), 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
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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
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;
WHEREAS, the Development Review Committee after a public meeting of
August 13, 2002 voted to approve the amendments as proposed; and
WHEREAS, the Planning commission, on September 11, 2002, reviewed
the proposed text and the sworn testimony of staff and recommend approval to
the Board of County Commissioners; and
o WHEREAS, o. 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
two required public hearings on October 16, 2002 and November 13, 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. Sec. 9.5-243. Destination Resort District (DR.)
(c) The following uses are permitted as major conditional uses in the
Destination Resort District, subject to the standards and procedures set forth in
article III, division 3:
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(6) Wastewater treatment facilities and wastewater treatment collection
system(s) servina (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
reauirements: and
(b) 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
surroundino community and minimize the impact of any outdoor
storaoe. temporary or permanent: and
(c) In addition to any district boundary buffers set forth in article VII.
division 10. a plantina bed. eioht (8) feet in width. to be measured
perpendicular to the exterior of the screenino structure shall be
established with the followina:
(i) One native canopy tree for every twenty-five (25) linear feet of
screenino structure and one understory tree for every ten (10)
linear feefof"screenina structure: and
(ij) The reauired trees shall be evenly distributed throuohout the
plantino bed: and
mj) The plantina bed shall be installed as set forth in article VII.
division 10 and maintained in perpetuity: and
(iv) A solid fence may be reauired upon determination by the
Plannina Director.
· Underlined text is new
Sec. 9.5-244. Recreational Vehicle District (RV).
(c) The following_use is uses are permitted as_a-major conditional_tf5e-uses in
the Recreational Vehicle District. subiect to the standards and procedures set
forth in article III. division 3:
(5) Wastewater treatment facilities and wastewater treatment collection
system(s) servina (a) use(s) located in any land use district provided that:
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(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)
desiQned to be architecturallv consistent with the character of the
surroundinQ community and minimize the impact of any outdoor
storaQe. temporary or permanent: and
(c) In addition to any district boundary buffers set forth in article VII,
division 10, a plantina bed, eiaht (8) feet in width, to be measured
perpendicular to the exterior of the screenina structure shall be
established with the followina:
(i) One native canopy tree for every twenty-five (25) linear feet of
screenina structure and one understory tree for every ten (10)
linear feet of screeninQ structure; and
(in The required trees shall be evenly distributed throuQhout the
planti!1a bed: and
(Hi) The plantina bed shall be installed as set forth in article VII. division
10 and maintained in perpetuity; and
(iv) A solid fence may be required upon determination bv the Planning
Director.
· Underlined text is new
· Deleted text
Sec. 9.5-248. Mixed Use District (MU).
(c) The following uses are permitted as major conditional uses in the Mixed
Use District subject to the standards and procedures set forth in article III,
division 3:
(13) Wastewater treatment facilities and wastewater treatment collection
system(s) servina (a) use(s) located in any land use district provided that:
(a) The wastewater treatment facilitv and wastewater treatment collection
system(s) is (are) in compliance with all federal. state, and local
requirements; and
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(b) 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 storaoe. temporary or permanent;
and
(c) In addition to any district boundary buffers set forth in article VII. division
10. a plantina bed. eiaht (8) feet in width. to be measured perpendicular to
the exterior of the screeninq structure shall be established with the followino:
(i) One native canopy tree for every twentY-five (25) linear feet of
screenino structure: and
(ii) One understory tree for every ten (10) linear feet of screening
structure and the required trees shall be evenly distributed
throuqhout the plantinq bed: and
(Hi) The plantino bed shall be installed as set forth in article VII. division
10 and maintained in perpetuity: and
(iv) A solid fence may be required upon determination by the Plan nino
.
Director '
· Underlined text is new
Sec. 9.5-250 Maritime Industries District (MI).
(c) The following uses are permitted as major conditional uses in the Maritime
Industries District subject to the standards and procedures set forth in article III,
division 3:
(5) Wastewater treatment facilities and wastewater treatment collection
system(s) servino (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) desioned to
be architecturally consistent with the character of the surroundinq community
and minimize the impact of any outdoor storaqe. temporary or permanent;
and
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(c) In addition to any district boundary buffers set forth in article VII. division
10. a plantinQ bed. eiaht (8) feet in width. to be measured perpendicular to
the exterior of the screenino structure shall be established with the followina:
(i) One native canopy tree for every twentY-five (25) linear feet of
screenina structure: and
(ij) One understory tree for every ten (10) linear feet of screening
structure and The required trees shall be evenly distributed
throuohout the plantinQ bed: and
(ii) The plantina bed shall be installed as setforth in article VII,
division 10 and maintained in perpetuity: and
(iv) A solid fence may be required upon determination by the
Plannino Director.
· Underlined text is new
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
If any section, subsection, sentence, clause, item, change, or
pro'{ision 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 T em Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'By
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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MEMORANDUM
TO:
Monroe County Board of County Commissioners
FROM:
Fred Gross, Director of Lower Keys Planning Team
DATE:
September 24, 2002
RE:
Proposed Amendment to Sections 9.5-243 Destination Resort
District, 9.5-244 Recreational Vehicle District, 9.5-248 Mixed Use
District, and 9.5-250 Maritime Industrial District of the Land
Development Regulations to permit public wastewater treatment
facilities as a major conditional use.
MEETING DATE: October 16, 2002
I. BACKGROUND:
The Planning Departm'ent is proposing amendments to Sections 9.5-243 Destination
- Resort District, 9.5-244 Recreational Vehicle District, 9.5-248 Mixed Use District, and
9.5-250 Maritime Industrial District of the Monroe County Land Development
Regulations. The amendments add language to permit, as a major 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. 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
amendments permit 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, these 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 these proposed amendments in
the Districts identified above.
At a public meeting of August 13, 2002, the Development Review Committee reviewed
the proposed text and voted to recommend APPROVAL of the text to the Planning
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Commission. At a public hearing of September 11, 2002, the Planning Commission
reviewed the proposed amendment and the sworn testimony of staff and voted to
recommend APPROVAL of the text to the Board of County Commissioners.
II. ANALYSIS:
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 wit~ 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.
III. Consistency with 2010 Comprehensive Plan
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
ensuring the protection of public health, and the maintenance and protection of ground,
nearshore, and offshore water quality."
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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.
IV. PROPOSED REVISIONS:
Sec. 9.5-243. Destination Resort District (DR.)
(c) The following uses are permitted as major conditional uses in the Destination
Resort District, subject to the standards and procedures set forth in article III, division 3:
(6) Wastewater treatment facilities and wastewater treatment collection system(s)
servinq (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) desioned to be
architecturally consistent with the character of the surroundino community and
minimize the impact of any outdoor storaqe, temporary or permanent: and
(c) In addition to any district boundary buffers set forth in article VII. division 10,
a plantinq bed. eioht (8) feet in width. to be measured perpendicular to the
exterior of the screenino structure shall be established with the followinq:
(i) One native canopy tree for every twenty-five (25) linear feet of screeninq
structure and one understory tree for every ten (10) linear feet of
screenino structure: and
(in The required trees shall be evenly distributed throuohout the plantino bed:
and
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Wi) The plantina bed shall be installed as set forth in article VII. division 10
and maintained in perpetuity: and
(iv) A solid fence may be reauired upon determination by the Planning
Director.
· Underlined text is new
Sec. 9.5-244. Recreational Vehicle District (RV).
(c) The following_use is uses are permitted as_a-major conditionaUffi&-uses in the
Recreational Vehicle District. subiect to the standards and procedures set forth in article
III. division 3:
(5) Wastewater treatment facilities and wastewater treatment collection system(s)
servina (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 reauirements:
and
(b) The wastewater treatment facility. wastewater treatment collection system(s)
and accessory uses shall be screened by structure(s) desianed to be
architecturally consistent with the character of the surroundina community and
minimize the impact of any outdoor storaae. temporary or permanent: and
(c) In addition to any district boundary buffers set forth in article VII. division 10.
a plantina bed. eiaht (8) feet in width. to be measured perpendicular to the
exterior of the screenina structure shall be established with the followina:
(i) 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
screenina structure: and
(ii) The reauired trees shall be evenly distributed throuahout the plantina bed:
and
(iii) The plantina bed shall be installed as setforth in article VII. division 10
and maintained in perpetuity: and
(iv) A solid fence may be reauired upon determination by the Planning
Director.
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· Underlined text is new
· Delotod toxt
Sec. 9.5-248. Mixed Use District (MU).
(c) The following uses are permitted as major conditional uses in the Mixed Use
District subject to the standards and procedures set forth in article III, division 3:
(13) Wastewater treatment facilities and wastewater treatment collection system(s)
servino (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) desioned to be architecturally
consistent with the character of the surroundino community and minimize the
impact of any outdoor storaQe. temporary or permanent; and
(c) 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 screeninQ structure shall be established with the followino:
(i) 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 screeninQ structure and
the required trees shall be evenly distributed throuQhout the plantinQ bed:
and
Wi) The plantino bed shall be installed as set forth in article VII. division 10 and
maintained in perpetuity: and
(iv) A solid fence may be required upon determination by the PlanninQ Director
· Underlined text is new
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Sec. 9.5-250 Maritime Industries District (MI).
(c) The following uses are permitted as major conditional uses in the Maritime Industries
District subject to the standards and procedures set forth in article III, division 3:
(5) Wastewater treatment facilities and wastewater treatment collection system(s)
servinq (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) desioned to be architecturally
consistent with the character of the surroundinq community and minimize the
impact of any outdoor storaqe, temporary or permanent: and
(c) In addition to any district boundary buffers set forth in article VII, division 10. a
plantinq bed. eiqht (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
screeninq structure; and
(ii) One understory tree for every ten (10) linear feet of screenino structure
and The required trees shall be evenly distributed throuqhout the
plantino bed: and
Wi) The plantino bed shall be installed as setforth in article VII. division 10
and maintained in perpetuity; and
(iv) A solid fence may be required upon determination by the Planning
Director.
· Underlined text is new
V. 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.
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VI. RECOMMENDATION:
The Monroe County Planning Commission recommends APPROVAL to the Monroe
County Planning Commission of the proposed text amendments to the Monroe County
Land Development Regulations.
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