Ordinance 003-2013a
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 003 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 114- 67(C), REQUIRED OFF - STREET PARKING,
TO REVISE THE MINIMUM REQUIRED NUMBER OF
PARKING SPACES FOR SINGLE - FAMILY DWELLING UNITS,
MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS
(RESTAURANTS), AND GASOLINE /SERVICE STATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purposes of the proposed amendment are a) to revise the regulations
concerning the single - family residential dwelling unit and mobile home parking standards to be
consistent with recently approved changes to the multi - family residential parking standard, b) to
revise the regulations concerning eating and drinking establishments to base the required amount
of parking on seating rather than floor area; c) to establish a parking standard for gasoline /service
stations; and d) to revise ambiguous and inconsistent language used throughout the subsection;
and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on November 14, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Monroe County Code shall be amended as follows:
Page 1 of 5
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 each 1- bedroom dwelling unit; 2.0
including mobile homes on
spaces per each 2- bedroom dwelling unit; and 3.0
individual lots or parcels
spaces per each 3 or more bedroom dwelling unit
Multifamily residential
2.0 spaces per each 1- bedroom dwelling unit; 2.0
developments
spaces per each 2- bedroom dwelling unit; and 3.0
spaces per each 3 or more bedroom dwelling unit
Mobile home parks
2.0 spaces per each mobile home
Commercial retail except as
3.0 spaces per 1,000 sq. ft. of nonresidential floor area
otherwise specified in this table
within the building and 1.5 spaces per 1,000 sq. ft. of
area devoted to outdoor retail sales
Eating and drinking establishments,
For areas devoted to food/beverage service, 1.0 space
such as restaurants and bars
per 3 seats or 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area, whichever total amount is
higher.
For other areas, 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area within the building separate
from the seating area and devoted to activities other
than food/beverage service (including, but not limited
to, kitchen, office, retail sales not related to food or
beverage, and enclosed storage areas).
Convenience stores /markets
4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building
Gasoline /service stations
4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building and 1.0 space per each fueling
station (such space may also serve as the space for the
vehicle in which a fuel pump serves)
Commercial recreation (indoor),
5.0 spaces per 1,000 sq. ft. of nonresidential floor area
excluding theaters, conference
within building
centers and activity centers
Commercial recreation (outdoor)
5.0 spaces per 1,000 sq. ft. of the parcel that is directly
devoted to the outdoor recreational activity, excluding
areas used for parking and driveways, required yards
and required landscaping and buffer areas
Page 2 of 5
Theaters, conference centers, 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 nonresidential floor area
within the building
Medical and dental clinics
4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building
RV parks
1.0 space per each RV space
Hotels /destination resorts
1.0 space per each 1- bedroom transient dwelling unit
and 1.0 space plus 0.5 space for each additional
bedroom per each 2 or more bedroom transient
dwelling unit
Industrial uses; excluding mini-
2.0 spaces per 1,000 sq. ft. of nonresidential floor area
warehouses /self - storage centers;
within building
repair and or servicing of vehicles;
and warehousing
Mini-warehouses/self-storage center
3.0 spaces for the office use plus a parking aisle of 10
feet in width adjacent the storage unit access doors if
outside access to the storage units is provided
Repair and or servicing of vehicles
3.0 spaces per service /repair bay or 3.0 spaces per 1000
sq. ft. of nonresidential floor area within building,
whichever is greater, the service /repair bays shall not
be counted as parking spaces
Warehousing
1.0 space per 1,000 sq. ft. nonresidential floor area
within the building
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 fishing
1.0 space per berth plus one space per four dry storage
facilities
racks
Charter /guide boats, six or fewer
2.0 spaces per berth
passengers capacity
Party and charter /guide boats, more
0.3 space per passenger capacity of vessel
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
Page 3 of 5
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.
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 to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 4 of 5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 16th day of January , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By 24 � � nV— ''e �.r.�..
Mayor George Neugent
Attest: Amy Heavilin, Clerk
Deputy Clerk
MONK C UNTY ATTORNEY
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Page 5 of 5
MONROE COUNTY COURTHOUSE
500 WHITEHEAD S'T'REET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -6025
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BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the -cour .c m
January 29, 20 1
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
ROTH BUILDING
50 HIGH POINF ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7012 1010 0003 = 990 5088
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 001 -2013 amending Monroe County Code Section 26 -1, to reinsert the
definition for "Commercial Lobster Season" that was inadvertently omitted upon adoption of
Ordinance 002 -2011 on 1/19/2011; amending Section 26 -96 adding language to provide for
enforcement of this section in incorporated and unincorporated Monroe County to the extent that
no conflict exists with a municipal ordinance; and deleting Section 26 -98(c) to remove the sunset
date of 8/31/2012 to continue the prohibition against diving or snorkeling in any manmade water
body or marina, or within 300 ft. of an improved residential or commercial shoreline, beginning
three (3) days prior to the opening of and during the entirety of the lobster mini - season and for
the first five (5) days of commercial lobster season.
Ordinance No. 002 -2013 to establish Section 101 -6 of the Monroe County Code to create
regulation addressing and requiring ownership disclosures.
Ordinance No. 003 -2013 to amend Section 114 -67(c) of the Monroe County Code in
order to modify off - street parking requirements.
Ordinance No. 004 -2013 amending Section 130 -160 of the Monroe County Code,
Transferable Development Rights to revise the Land Development Regulations to be consistent
with the Comprehensive Plan and to clarify the application and approval process for the transfer
of a Transferable Development Right (TDR).
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on January 16, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney via e-mail
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Program Administrator
Administrative Code and Weekly
R.A. Gray Building
;00 South Bronough Street 3. =MaWIII133
Ilahassee, Florida 32399 -0250 ail
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Domestic Return Rec PS Form 3811, February 2004 °� ' '
FLO DEPARTM 0 STATE
RICK SCOTT
Governor
February 4, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated January 29, 2013 and certified copies of Monroe County Ordinance Nos. 001 -2013 through 004-
2013. which were filed in this office on February 1, 2013.
Sincerely,
M�
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.R.us
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.R.us
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FINAL ORDER NO. DEO -13 -017
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:
A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 003-2013 w
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FINAL ORDER - - �
APPROVING MONROE COUNTY ORDINANCE NO. 003-2W
OFF - STREET PARKING STANDARDS '}
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The Department of Economic Opportunity ( "Department ") hereby issues its Final W1er,p
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 003 -2013 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 16, 2013, and
rendered to the Department on February 4, 2013.
3. The Ordinance amends Section 114 -67(c) of the Monroe County Code to revise
the minimum required number of parking spaces for single - family dwelling units, mobile homes,
restaurants, and gasoline /service stations, and conforms language inconsistent with the County's
recently adopted multi - family parking standards.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
1
FINAL ORDER NO. DEO -13 -017
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principle in § 380.0552(7), Fla. Stat.:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
8. The Ordinance is consistent with Policies 101.16.1 and 301.8.2 of the Monroe
County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 003 -2013 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
Register unless a petition is timely filed as described in the Notice of Administrative Rights
below.
2
FINAL ORDER NO. DEO -13 -017
DONE AND ORDERED in Tallahassee, Florida.
�l
William Killin worth, Director
Division of Co munity Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
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, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
FINAL ORDER NO. DEO -13 -017
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY 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:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
Fax Number 850 -921 -3230
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.
E
FINAL ORDER NO. DEO -13 -017
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 correct copies have been furnished
to the persons listed below by the methods indicated this day of March, 2013.
Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850- 717 -8531
By U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Christine Hurley, Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
By Hand Delivery or Interagency M ail:
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
5