Loading...
Ordinance 010-2013I ORDINANCE NO.oia 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICIES IN THE FUTURE LAND USE ELEMENT OF THE 2010 MONORE COUNTY COMPREHENSIVE PLAN TO ESTABLISH A COMMERCIAL FUTURE LAND USE CATEGORY; REVISING THE "FUTURE LAND USE DENSITIES AND INTENSITIES" TABLE TO INCLUDE A COMMERCIAL (COMM) FUTURE LAND USE CATEGORY, CORRESPONDING ZONING CATEGORIES, AND ESTABLISHING THE DENSITY AND INTENSITY STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN. WHEREAS, the Monroe County 2010 Comprehensive Plan does not currently include an exclusive commercial future land use category; and WHEREAS, Florida Statutes and the County's 2010 Comprehensive Plan require the maintenance of a hurricane evacuation 24 hour clearance time; and WHEREAS, the adopted Evaluation and Appraisal Report recommends the creation of a commercial future land use category; and WHEREAS, when the Monroe County 2010 Comprehensive Plan and Future Land Use Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as with the adoption of the official zoning maps in 1992, multiple properties with existing commercial /office uses became nonconforming due to the adopted maps; and WHEREAS, the Livable CommuniKeys Plans include action items directing the County to revise the FLUM and Land Use District Maps to resolve nonconformities; and WHEREAS, the BOCC has adopted an amendment to the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density /intensity, implementing the Work Program Task from Rule 28- 20.140, F.A.C., and the direction from the Administration Commission within its 30 -Day Report; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 28th day of August, 2012; and WHEREAS, at a regularly scheduled meeting held on the 26th day of September, 2012, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment; and WHEREAS, at a regularly scheduled meeting held on the 17th day of October, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment to the State Land Planning Agency; and WHEREAS, on January 4, 2013, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County which identified no objections to or comments on the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: Policy 101.4.21 The principal purpose of the Commercial (COMM) future land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail; highway - oriented sales and services; commercial recreation; light industrial; public, institutional and office uses may be permitted at intensities which are consistent with the community character and the natural environment. The commercial zoning districts established within this category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or permanent residential development. In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category: 1. only low intensity commercial uses shall be allowed; and 2. a maximum floor area ratio of 0.15 shall apply. Policy 101.4.22 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 10 1.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category Allocated Density ro) Maximum Net Density (a)(b)(i) Maximum Intensity And Contesponding Zoning (per acre) (per buildable acre) (floor area ratio) Agriculture (A) 0 du N/A 0.20-025 (no directly corresponding zonin 0 rooms/ N/A Airport (AD) 0 du N/A 0.10 (AD zonin 0 rooms/ N/A Commercial (COMM) 0 du N/A 0.15 -0.50 (C 1 and C2 zoning) 0 rooms/ N/A Conservation (C) 0 du N/A 0.05 (CD zoning) 0 rooms/ N/A Education (E) 0 du N/A 0.30 (no directly coffesponding zonin 0 rooms/spaces N/A Industrial m 1 du 2 du 0.25 -0.60 and MI zoning) 0 rooms/ N/A Institutional (INS) 0 du N/A 0.25 -0.40 (no directly conespondirig zonin 3 -15 rooms/ 6-24 rooms/ Mainland Native W 0.01 du N/A 0.10 (MN zonin 0 rooms/ N/A Military (MI) 6 du 12 du 0.30-0.50 (M' zonin 10 rooms/spaces 20 rooms/ Mixed Use/Commercial (MC) 0.10-0.45 (SC, UC, DR, RV, MU and 1-6 du 2 -18 du (SC, UC, DR, RV, and MU MI zoning) 5 -15 rooms/spaces 10-25 rooms/spaces zoning) 1 du (MI zoning) 2 du (Ml zoning) 0.30-0.60 (1VII caning) Mixed Use/Commercial Fishing (MCF) Approx. 3 -8 du 12 du 0.25 -0.40 (CFA, CFV CFSD zonin) 0 rooms/ 0 rooms/ Public Facilities (PF) 0 du N/A 0.10-0.30 no directl y contsWriding zonin) 0 rooms/ N/A Public Buildings/Grounds (PB) 0 du N/A 0.10-0.30 (no directl w ndin zonin 0 rooms/ N/A Recreation (R) 0.25 du N/A 0.20 (PR zonin 2 rooms/ N/A Residential Conservation (RC) 0-0.25 du N/A 0-0.10 (OS and NA zonin 0 rooms/spaces N/A Residential Low (RL) 0.25 -0.50 du 5 du 0.20-025 (SS SR, and SR -L zonin 0 rooms/ N/A Residential Medium KV) approx. 0.5 -8 du N/A 0 (IS zoning) (1 du/lot) N/A 0 rooms/ Residential Hi (RH) approx. 3 -16 du 12 du 0 (IS -D , e) , and UIO zoning) (1 -2 du/lot) 20 rooms/spaces 10 rooms/ Notes: (a) "N /A" means that maximum net density bonuses shall not be available. (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (c) The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available. (d) Maximum net density bonuses shall not be available to the SS district. (e) The allocated density for IS -D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be available. (0 The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (h) Uses under the categories ofAgriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly corresponding zoning may be incorporated into new or existing zoning districts as appropriate. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. (j) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/mar14 boat repair, boat building boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, pursuant to Policy 101.4.5. (Ordinance 032 -2012) Policy 101.4.23 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use Tier Overlay District Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas (hardwood hammock, pinelands, and beach berm) for properties in the Ocean Reef planned development shall be limited to 40 percent of the existing upland native vegetation. Except as defined in Policy 101.12.4, clearing of upland native vegetative areas (hardwood hammock, pinelands, beach berm, cactus hammock and palm hammock) in the Tiers I, Il, III and Tier III -A shall be limited to the portion of the property containing upland native vegetation in the following percentages or maximum square footage: Tier Permitted Clearing * 20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area. The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable I configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. II 40% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area (Big Pine Key and No Name Key). (Ordinance 026 -2012) Policy 101.4.24 Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101.4.22 shall control. (Ordinance 026 -2012) Policy 101.4.25 Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally - established dwelling unit shall not be considered as non - conforming as to the density provisions of policy 10 1.4.21 and the Monroe County Code. Policy 101.4.26 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings, transmission towers and other similar structures. 40% or 3,000 square feet whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet -of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable III configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. 40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500 square feet of upland native vegetation. The clearing of parcels in Tier 111 -A shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels 11I -A on Big Pine Key and No Name Key, clearing for one driveway of reasonable Special Protection configuration up to 18 feet in width is permitted to provide reasonable access to Area the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. * Palm or cactus hammock is limited to only 10 %. (Ordinance 026 -2012) Policy 101.4.24 Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101.4.22 shall control. (Ordinance 026 -2012) Policy 101.4.25 Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally - established dwelling unit shall not be considered as non - conforming as to the density provisions of policy 10 1.4.21 and the Monroe County Code. Policy 101.4.26 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings, transmission towers and other similar structures. Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. 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 State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of Feb. , 2013. Mayor George Neugent Yes Mayor pro tem Heather Carruthers Yes Commissioner Danny L. Kolhage Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Im (SEAL) ATTEST: AMY HEAVILIN, CLERK C7 Z� DEPUTY LERK 1 4' b4 If Mayor George Neugent 5r D ` � 1 a s 1 � .r o_ 3 M N n .. O Gil MONRO AP NTY,.(tTTORNEY tVE AS TO FOR Date: - " MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, 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 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Ms. Cloud, March 7, 2013 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 70121010 0003 4990 5132 Enclosed please find certified copies of the following: Ordinance No. 009 -2013 re- adopting Ordinance 036 -2012 which amended Chapter 26 of the Monroe County Code (Waterways) to provide for "Article V Anchoring and Mooring Restricted Areas ", specifically including Attachment "B" missing from Ordinance 036 -2012. Ordinance No. 010 -2013 amending policies in the Future Land Use Element of the 2010 Monroe County Comprehensive Plan to establish a Commercial future land use category; and revise the "Future Land Use Densities and Intensities" table to include a Commercial (COMM) future land use category, corresponding zoning categories, and establish the density and intensity standards. Ordinance No. 011 -2013 amending Table 4.1 Five -Year Schedule of Capital Improvements pursuant to Section 163.3177(3)(b), F.S. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on February 20, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Sb GOUNTy C o GJ: zooM U , y40F 000NTV'F O� CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the - court.com Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: GMD,CAY,BOCC,File ru (Domestic Mail Only; No Insurance Coverage Provided) r-I For delivery information visit our website at www.usps.com u7 Ir O Er Postage ^I ES,,. Certified Fee `7 �� 9 0 Return Receipt t Fee P Here ��� O (Endorsement Required) p I W- p Restricted Delivery Fee 3 • 0 (Endorsement Required) ( i O Total Postage & Fees `' ?ro ra r PS� o ru Sent To Administrative Code and Weekly a street, Apt. : A. Bait ' ------- - - - - -- or PO Box N South_ B- maou Street----------------- city, S to ZP j oLO- ---- - - TMlahassee, Florida 32399 -0250 - - -- ■ Complete Items 1, 2, and Z. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-/ %. C1--.d Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Spica Type Cerdiled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise E3 Insured Mail E3 C.O.D. o KO . o a 9 010 all 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number seM fro m 7 012 101, 0 0003 4 9 9 0 5132 sfer I (fran ce abel) PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -1540 i FLORIDA DEPARTMENT O STATE RICK SCOTT Governor March 13, 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 March 7, 2013 and certified copies of Monroe County Ordinance Nos. 009 -2013 through 011 -3013, which were filed in this office on March 13, 2013. Sincerely, � 0 �- UX4,& 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.tl.us