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Ordinance 013-2011 I APAN MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 013 - 2011 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114- 67(C), REQUIRED OFF - STREET PARKING, REQUIRED NUMBER OF OFF - STREET PARKING SPACES, TO RE VISE THE MINIMUM PARKING STANDARD FOR MULTIFAMILY DWELLING UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF CONIMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently per the Monroe County Land Development Code, for multi- family developments, the minimum off - street parking requirement is 1.5 spaces per dwelling unit. The current standard does not consider the intensity that each dwelling unit may have, in terms of family size or number of bedrooms; and WHEREAS, the current regulation is not always proportionate to the number of residents for each dwelling and visitors. In some multi - family areas, the solution adopted by residents has been to park or store vehicles on open space areas not approved for parking, public rights -of -way, or neighboring properties. This may lead to internal disputes within the community and could compromise life and safety. The aim of this text amendment is to introduce parking requirements that are more proportionate to the size and occupancy of the dwelling; and WHEREAS, the Planning & Environmental Resources Department determined that using the total number of bedrooms, as opposed to total number of units, is a more effective to calculate off - street parking requirements; and WHEREAS, during a regularly scheduled public hearing held on July 27, 2011, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section § 114 -67(c) shall be amended as follows: Sec. 114-67. Required off - street parking. * * * * * * * (c) Required number of off-street parking spaces. The following is the number of parking spaces to be provided for each use: Specific Use Category Minimum Required Number of Parking Spaces Per Indicated Unit of Measure Single - family dwelling units, 2.0 spaces per dwelling unit or mobile home including mobile homes on individual lots or parcels Multifamily residential 2 spaces per each 1 or 2 bedroom dwelling unit, and 3 developments spaces per each 3 or more bedroom dwelling unit Mobile home parks 1.0 space per space or pad Commercial retail except as 3.0 spaces per 1,000 sq. ft. of nonresidential floor area otherwise specified below (nrfa) of building and 1.5 spaces per 1,000 sq. ft. of nonresidential floor area devoted to outdoor retail sales and display area Eating and drinking 14.0 spaces per 1,000 sq. ft. of nonresidential floor establishments area and 7.0 spaces per 1,000 sq. ft. of unenclosed nonresidential floor area devoted to dining and/or bar area Convenience stores 4.0 spaces per 1,000 sq. ft. of (nrfa) Commercial recreation (indoor) 5.spaces per 1,000 sq. ft. of (nrfa) Commercial recreation 5.0 spaces per 1,000 sq. ft. of the parcel that is (outdoor) devoted to the outdoor recreational activity, excluding areas used for parking and driveways, required yards and required landscaping and buffer areas Theaters, conference, or 1.0 space per 3.0 actual seats or based on seating activity centers capacity Offices 3.0 spaces per 1,000 sq. ft. of (nrfa) Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of (nrfa) RV parks 1.0 space per pad Page 2 of 4 Hotels /destination resorts 1.0 space for first bedroom plus .5 space for each additional bedroom Miniwarehouses /self storage 3.0 spaces for the office use plus a parking aisle of 10 center feet in width adjacent the storage unit access doors if outside access to the storage units is provided Industrial uses; excluding 2.0 spaces per 1,000 sq. ft. of (nrfa) repair and or servicing of vehicles Repair and or servicing of 3.0 spaces per service /repair bay or 3.0 spaces per vehicles 1000 sq. ft. of (nrfa) whichever is greater, the service /repair bays shall not be counted as parking spaces Warehousing 1.0 space per 1,000 sq. ft. (nrfa) Hospitals 1.8 spaces per bed Churches 0.3 space per seat and/or 0.3 space per 24 inches for pews Live - aboard 1.5 spaces per berth Marinas and commercial 1.0 space per berth plus one space per four dry storage fishing facilities racks Charter /guide boats, six or 2.0 spaces per berth fewer passengers capacity Party and charter /guide boats, 0.3 space per passenger capacity of vessel more than six passengers capacity Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of 14 feet by 55 feet, to accommodate trailers and oversized vehicles * * * * Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. Page 3 of 4 In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 5. Filing. 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 Florida State Land Planning Agency or Administration Commission approving the ordinance. Section 6. Inclusion in the Monroe County Code. 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 marking system of the Code. Section 5 . Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of September , 2011. Mayor Heather Carruthers No Mayor pro tem David Rice No Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes MONROTt COUNTY BOARD OF COUNTY COMMISSIONERS c:› Attest DANNY L. KOLHAGE, CLERK By y By Deputy Clerk Ma r H er Carruthers rJ+ ° "NP ATTO P ROVED kS TO FO Page 4 of 4 Date: - 1� MONROE COUNTY COURTHOUSE BRANCH OFFICE: c b couar r 500 WHITEHEAD STREET, SUITE 101 4 c PLANTATION KEY KEY WEST, FLORIDA 33040 t p GOVERNMENT CENTER TEL. (305) 294 -4641 / ° , 1' * 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 ;'. �,1��I ; c j PLANTATION KEY, FLORIDA 33070 i •. TEL. (305) 852 -7145 BRANCH OFFICE: ,I c °"�� FAX (305) 852 -7146 MARATHON SUR COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145 FAX (305) 853 -7440 October 13, 2011 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 8911 Dear Ms. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 013 -2011 amending Section 114 -67(c) of the Monroe County Land Development Code, concerning the required off - street parking requirements for multifamily residential dwelling units; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 014 -2011 establishing Monroe County Code Section 114 -21, implementing a recyclable materials recycling program for multifamily and nonresidential developments of the Monroe County Land Development Code; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 015 -2011 amending Monroe Section 138 -22, type of development not affected, to incorporate criteria for residential ROGO exemptions; of the Monroe County Land Development Code, to incorporate criteria for Residential Rate of Growth Ordinance (ROGO) exemptions; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 016 -2011 amending Monroe County Code Sections 101 -1, Definitions, and 1 18- 12(rn)(4), Shoreline setback, docking facilities, adjacent parcel, to clarify what elements of docking facilities may be permitted on adjacent parcels of land; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community .Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 017 -2011 amending Monroe County Code Section 110 -5 Notice, Section 110 -69 Minor Conditional Uses; and Section 110 -70 Major Conditional Uses, to modify the procedure fir public notice of minor and major conditional use permit applications and to revise the process for reviewing minor and major conditional use permit applications; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2011. 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: Isabel C. DeSantis, D.C. cc: County Attorney via e -mail Growth Management via e-mail & courier File 7010 1670 0001 0244 8911 m n OUa . r^� m /� o 13 o 2.0 n O C\ J C m om - o rn cn w m x, y 3a 3 o e w ? O v m ='. .-1 A d �D°T0 W g- 5 " 3 — ( • o_ -21 � c- a H C1 m 02 D ._e a m m m ° = rn s m m m 0 0 ate N = z A � J+�W ^ Ra m > g�73 6 39 -6 04 4 c° 2 t--: 0 -� 304Ti m o C7 FpL r- a N - � CD 4 to 0 ' u) E 3 4 i J o 4 5 `1 0'j f- a , 1 m S 7 e ; 033 * fp Si t ƒ DD 0 k ❑ cn Cv = 3 t. \ E) � o -- { §\ � / -� 0 - -d i d ` ® k � ❑O ❑ g % \ _ y m U § % —? \ C §� a�I2a r 2|� V# cS 2 2 i "E ° / f o $ /2 aft \ co I co ❑❑� Rai u< a a ¢ w 4 c \ c & N >' 2 J { ¢ 8 0 0 o o / Q 2 / �� a) co c 0 R j� j \k ©W 0 cm co v• 8. � 2 C 1:1) � _ / ® § -c 2� - o -- °© ^ 2 C ° =E� a) R § \ A Q Q2� 2 E k m& a o k 2§ 0 �k th EtiF -6§- j - o k f b E• k } k • ^ ' E z k 7\ p b- k a.< • k/ / t L z o « <b < m • • • • ■ w w co C z =1 Ill 0 .s• • CP CD —I 1....• a) > n -1 1, a CD 7! M CO 13 13 0 a) a) —I _ ch __... a) Cf) _.. X, 73 rn ... 73 < ... ...., = -. 0 .... (..,..) ....< m 0 c ... C..;.. 7._ —. 1: -1 ■:, ,..- , . — „ ' W 7 " \ ' , - , - T". 3 .. a) — ..:. -..,::. ..... fa. Fli — :..... — , w... = — = ......, fa - N + -4. ... ... st - 1:1 c - 13 -n 7.7-. -_,_: _. CO g -taa 0- ..... co O z CD 07 X 9 9° i • 0 71, m (D c) /1 -0 a) .....____, o V Y �;e f FLORIDA DEPARTMENT Of STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State October 18, 2011 - N - t� Honorable Danny L. Kolhage c-, Clerk of the Circuit Court ; o Monroe County 500 Whitehead Street, Suite 101 71 Key West, Florida 33040 _:--- o .. Attention: Isabel C. DeSantis, Deputy Clerk o Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 13, 2011 and certified copies of Monroe County Ordinance Nos. 013 -2011, 014 -2011, 015- 2011, 016 -2011 and 017 -2011, which were filed in this office on October 17, 2011. Sincerely, ( A tl ig ChaGS Liz Cloud Program Administrator LC /jw i ----da ,---.°11 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 g Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov Commemorating 500 years of Florida history www.fla500.com VIVA FLORIDA 500. VIVA FLORIDA 500. DEO Final Order No.: DEO -11 -0029 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS - c; ' ADOPTED BY MONROE COUNTY N -n ORDINANCE NO. 013 -2011 .� FINAL ORDER o 33 . w The Department of Economic Opportunity (the "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On October 18, 2011, the Department received for review Monroe County Ordinance No. 013 -2011 ( "Ord. 013 - 2011 "), adopted by Monroe County on September 21, 2011. 3. The purpose of Ord. 013 -2011 is to amend Monroe County Code Section 114- 67(c), Required Offsteet Parking, Required Number of Offstreet Parking Spaces to revise the minimum parting standard for multifamily residential dwelling units. CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla. Admin. Code. 6. "Land development regulations" include local zoning, subdivision, building, and other 1 � DEO Final Order No.: DEO -11 -0029 regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations adopted by Ord. 013 -2011 are land development regulations. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles ") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff d, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 8. Ord. 013 -2011 is consistent with and furthers the following Principles: (a) To strengthen a local government's capabilities for managing land use and development so that the local government is able to achieve these objectives without continuing the area of critical state concern designation. (f) To enhance natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (n) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. 9. Ord. 013 -2011 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 013 -2011 furthers Monroe County Comprehensive Plan Policy 301.8.2. WHEREFORE, IT IS ORDERED that Ord. 013 -2011 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. 2 • DEO Final Order No.: DEO -11 -0029 DONE AND ORDERED in Tallahassee, Florida. L ima J homas Beck, AICP Director, Division of Community Planning Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, Florida 32399 -4128 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, 3 DEO Final Order No.: DEO -11 -0029 YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399 -2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and cor,re.ct copies have been furnished to the persons listed below by the method indicated this /h day of November, 2011. Lt' ; 1 - h2 Miriam Snipes, AgencfClerk By U.S. Mail: Honorable Heather Carruthers Mayor of Monroe County 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 4 DEO Final Order No.: DEO -11 -0029 Christine Hurley Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5