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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 Page 1 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe 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: Page 2 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial (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: Page 3 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial (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 Page 4 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial (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 Page 5 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial (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. Page 6 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial 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 Page 7 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC ORD.doe Initial 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 Page 1 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe 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." Page 2 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe 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 Page 3 of 7 W:\Planning\Working FoJders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe 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. Page 4 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe · 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 Page 5 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe 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. Page 6 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe 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. Page 7 of 7 W:\Planning\Working Folders\Gross-Fred\WW Mise Distriets\BOCC Staff Report.doe