Item T1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15, 2013 Division.: Growth Management
Bulb item. Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Code by establishing 2 Commercial Districts; amending
Section 130-2, Land Use Districts Established; creating Section 130-51, Purpose of the Commercial 1 District
(C1); creating Section 130-52, Purpose of the Commercial 2 District (C2); creating, within Article III Permitted
and Conditional Uses, Section 130-102, Commercial I District (C1), and Section 130-103, Commercial 2
District (C2); and amending Section 130-164, Maximum Nonresidential Land Use Intensities and District Open
Space. (SECOND OF 2 HEARINGS)
(LEGISLATIVE — FAIRLY DEBATABLE STANDARD OF REVIEW)
ITEM BACKGROUND: The BOCC recently adopted an amendment to the MC 2010 Comprehensive Plan
establishing a Commercial (COMM) future land use map (FLUM) category, with corresponding land use
districts Commercial 1 and Commercial 2.
Florida Statute requires the adoption of land development regulations to be consistent with and implement the
comprehensive plan. The proposed amendment is necessary to keep the Land Development Code consistent and
implement the Comprehensive Plan by establishing the two commercial land use districts under the new
Commercial FLUM category, as well as their corresponding intensities and open space requirements.
As discussed in detail during the review of the Comprehensive Plan amendment, the creation of exclusively
commercial land use districts can provide alternative uses for private property which do not include a residential
component, and, therefore, do not contribute to increases in hurricane evacuation clearance times. Additionally,
the proposed commercial land use districts can assist the County in implementing other necessary planning
projects, such as enhancing economic sustainability and addressing nonconformities.
PREVIOUS RELEVANT BOCC ACTION: On May 22, 2012, the BOCC adopted the 2012 Evaluation and
Appraisal Report (EAR) for the Monroe County Year 2010 Comprehensive Plan.
On September 21, 2012, the BOCC adopted Ordinance 028-2012 amending the Comprehensive Plan to include
Policy 101.4.20 discouraging private applications for FLUM changes which increase allowable density/intensity.
On February 20, 2013, the BOCC adopted Ordinance 010-2013 amending the 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 Commercial 1 and Commercial 2
zoning categories, and establish the density and intensity standards. On April 26, 2013, DEO issued a Notice of
Intent finding the amendment in compliance, and it is therefore now effective.
On April 17, 2013, the BOCC held the first of two required adoption hearings to consider the amendment
proposed here establishing two Commercial Districts. The current hearing is the second of the two required
adoption hearings.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No
APPROVED BY: County Atty .
DOCUMENTATION: Included X
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management _
Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY CODE BY ESTABLISHING TWO
COMMERCIAL DISTRICTS; AMENDING SECTION 130-2,
LAND USE DISTRICTS ESTABLISHED; CREATING
SECTION 130-51, PURPOSE OF THE COMMERCIAL 1
DISTRICT (C1); CREATING SECTION 130-52, PURPOSE
OF THE COMMERCIAL 2 DISTRICT (C2); CREATING,
WITHIN ARTICLE III PERMITTED AND CONDITIONAL
USES, SECTION 130-102, COMMERCIAL 1 DISTRICT (C1)
AND SECTION 130-103, COMMERCIAL 2 DISTRICT (C2);
AND AMENDING SECTION 130-164, MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND
DISTRICT OPEN SPACE; 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 Monroe County Code does not currently include any exclusive
commercial land use districts; 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
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WHEREAS, the BOCC has adopted an amendment to the MC 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 BOCC has adopted an amendment to the MC 2010 Comprehensive
Plan to establish a Commercial future land use map (FLUM) category, and revise the "Future
Land Use Densities and Intensities" table to include a Commercial (COMM) future land use
category, corresponding Commercial 1 and Commercial 2 zoning categories, and establish the
density and intensity standards; and
WHEREAS, the proposed amendment is necessary to keep the Monroe County Code
consistent with the Comprehensive Plan by establishing the two commercial land use districts
under the new Commercial FLUM category; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012;
and
WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013,
the Monroe County Planning Commission held a public hearing to consider, review and receive
public comment for a proposed amendment to the Monroe County Code and recommended
approval of the amendment; and
WHEREAS, at a regularly scheduled meeting held on the 17th day of April, 2013, the
BOCC held the first of two public hearings to consider, review and receive public comment for a
proposed amendment to the Monroe County Code; and
WHEREAS, at a regularly scheduled meeting held on the 151h day of May, 2013, the
BOCC held the second of two public hearings to consider, review and receive public comment
for a proposed amendment to the Monroe County Code; and
WHEREAS, the proposed amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
WHEREAS, the proposed amendment is consistent with the provisions and intent of the
Monroe County Code; and
WHEREAS, the proposed amendment is necessary due to new issues and recognition of
a need for additional detail or comprehensiveness as required by Section 102-158 of the Monroe
County Code; and
WHEREAS, the proposed amendment is consistent with the Principles for Guiding
Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statutes;
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Code is amended as follows: (Deletions are stl4eke t -O and
additions are underlined.)
Sec. 130-2. - Land use districts established.
In order to carry out and implement the goals and objectives of the plan, the following land use
districts are hereby established:
(1) Urban commercial district (UC)-
(2) Urban residential district (UR).
(3) Urban residential —mobile home district (URM).
(4) Urban residential mobile home —limited district (URM-L).
(5) Suburban commercial district (SC).
(6) Suburban residential district (SR).
(7) Suburban residential district (limited) (SR-L).
(8) Sparsely settled residential district (SS).
(9) Native area district (NA).
(10) Mainland native area (MN).
(11) Offshore island district (OS).
(12) Improved subdivision district (IS).
(13) Improved subdivision vacation rental district.
(14) Destination resort district (DR).
(15) Recreational vehicle district (RV).
(16) Commercial fishing area district (CFA).
(17) Commercial fishing village district (CFV).
(18) Commercial fishing special districts (CFS).
(19) Mixed use district (MU).
(20) Industrial district (I).
(21) Maritime industries district (MI).
(22) Military facilities district (MF).
(23) Airport district (AD).
(24) Park and refuge district (PR).
(25) Conservation district (CD).
(26) Commercial 1 district (C1).
(27) Commercial 2 district (C2).
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I Sec. 130-51. - Purpose of the Commercial 1 district (Cl).
2 The purpose of the C 1 district is to establish areas for commercial retail, public, institutional and
3 office uses designed and intended primarily to serve the needs of immediately surrounding
4 residential areas. This district should be established at locations convenient and accessible to
5 residential uses to reduce trips on U.S. 1.
6
7 Sec. 130-52. - Purpose of the Commercial 2 district (C2).
8 The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial
9 uses intended to serve the needs of a subarea with commercial retail sales and service, public,
10 institutional and office uses. This district should be established at discrete nodes along U.S. 1 and
11 designed to serve the needs of both residents and visitors.
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15 Sec. 130-102. — Commercial 1 district (Cl).
16 (a) The following uses are permitted as of right in the Commercial 1 district:
17 (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of
18 less than 2,500 square feet of floor area,
19 (2) Commercial recreational uses (indoor and outdoor;
20 (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit)-
21 (4) Public buildings and uses,
22 (5) Accessory
23 (6) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3),
24 (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4 *
25 (8) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2);
26 (9) Stealth wireless communications facilities, as accessory, uses, to section 146-5(5),
27 (10) Satellite earth stations, as accessory, uses, to section 146-5(6),
28
29 (b) The followiniz uses are permitted as minor conditional uses in the Commercial 1 district
30 subject to the standards and procedures set forth in chapter 110, article III:
31 (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of
32 greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is
33 by way of:
34 a. An existing curb cut,
35 b. A signalized intersection, or
36 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
37 least 400 feet,
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1 (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area, provided
2 that access to U.S. 1 is by way of:
3 a. An existing curb cut,
4 b. A signalized intersection, or
5 c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
6 least 400 feet,
7 (3) Parks and communitv narks_ and
8 (4) Light industrial uses, provided that
9 a. The parcel proposed for development does not have an area of greater than two acres,
10 b. The parcel proposed for development is separated from any established residential use
11 by at least a class C bufferyard, and
12 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
13 hedge at least six feet in height,
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15 (c) The followiniz uses are permitted as maior conditional uses in the Commercial 1 district
16 subject to the standards and procedures set forth in chapter 110, article III:
17 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof
18 greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of:
19 a. An existing curb cut,
20 b. A signalized intersection, or
21 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
22 least 400 feet,
23 (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided
24 that access to U.S. 1 is by way of:
25 a. An existing curb cut,
26 b. A signalized intersection, or
27 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
28 least 400 feet,
29 (3) New antenna -supporting structures, pursuant to section 146-5(1), and
30 (4) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter;
31
32 Sec. 130-103. — Commercial 2 district (C2).
33 (a) The following uses are permitted as of right in the Commercial 2 district:
34 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof
35 of less than 10,000 square feet of floor area,
36 (2) Commercial retail uses of high intensity of less than 5,000 square feet of floor area,
37 (3) Commercial recreational uses (indoor and outdoor),
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1 (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit),
2 (5) Public buildings and uses,
3 (6) Accessory
4 (7) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3),
5 (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4),
6 (9) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2),
7 (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5),
8 and
9 (11) Satellite earth stations, as accessory, uses, to section 146-5(6).
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The followiniz uses are permitted as minor conditional uses in the Commercial 2 distri
subject to the standards and procedures set forth in chapter 110, article III:
1) Commercial retail of low- and medium-intensitv and office uses or anv combination thereof
of greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S.
15 1 is by way of:
16 a. An existing curb cut,
17 b. A signalized intersection, or
18 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
19 least 400 feet,
20 (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet
21 of floor area, provided that access to U.S. 1 is by way of.
22 a. An existing curb cut,
23 b. A signalized intersection, or
24 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
25 least 400 feet,
26 (3) Parks and communily parks, and
27 (4) Light industrial uses, provided that:
28 a. The parcel proposed for development does not have an area of greater than two acres,
29 b. The parcel proposed for development is separated from any established residential use
30 by at least a class C bufferyard, and
31 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
32 hedge at least six feet in height,
33
34 (c) The following uses are permitted as major conditional uses in the Commercial 2 district,
35 subject to the standards and procedures set forth in chapter 110, article III:
36 (1) Commercial retail of low- and medium -intensity and office uses, or any combination thereof,
37 of greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of:
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I a. An existing curb cut,
2 b. A signalized intersection, or
3 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
4 least 400 feet,
5 (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area,
6 provided that access to U.S. 1 is by way of:
7 a. An existing curb cut,
8 b. A signalized intersection, or
9 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
10 least 400 feet,
11 (3) Amusement or sea life parks and drive-in theaters, provided that:
12 a. The parcel of land has an area of at least two acres,
13 b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L
14 or established residential uses by at least a class E buffer, and
15 c. Access to U.S. 1 is by way of:
16 1. An existing curb cut,
17 2. A signalized intersection, or
18 3. A curb cut that is separated from anv other curb cut on the same side of U.S. 1
19 by at least 400 feet,
20 (4) Marinas, provided that:
21 a. The parcel proposed for development has access to water of at least four feet below
22 mean sea level at mean low tide,
23 b. The sale of goods and services is limited to fuel, food, boating divingport fishing
24 products,
25 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
26 hedge at least six feet in height,
27 d. Any commercial fishing activities are limited to the landing of catch, mooring and
28 docking of boats and storage of traps and other fishing equipment, and
29 e. Each nonwaterside perimeter setback of the parcel proposed for development must
30 have a class C bufferyard within a side yard setback of ten feet,
31 (5) Heliports or seaplane ports, provided that:
32 a. The heliport is associated with a governmental services facility, a law enforcement
33 element or a medical services facility,
34 b. The heliport or seaplane port is a Federal Aviation Administration certified landing
35 facility,
36 c. The landing and departure approaches do not pass over established residential uses or
37 known bird rookeries,
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I d. If there are established uses within 500 feet of the parcel proposed for development,
2 the hours of operation shall be limited to dayli _ hg t, and
3 e. The use is fenced or otherwise secured from any entry by unauthorized persons,
4 (6) New antenna -supporting structures, pursuant to section 146-5(1), and
5 (7) Land use overlays A. E. PF_ subiect to the provisions of article IV of this chanter.
7
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9 Sec. 130-164. - Maximum nonresidential land use intensities and district open space.
10 Maximum nonresidential land use intensities and district open space shall be in accordance with
11 the following table:
Land Use District
Maximum
Floor Area Ratio
O.S.R.
Urban commercial:
Commercial retail:
Low intensity
0.45
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreation
0.15
0.20
Institutional
0.40
0.20
Outdoor recreational
0.15
10.20
Public buildings
0.35
0.20
Urban residential:
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Urban residential mobile home:
Commercial retail:
Low intensity
* *
0.20
Medium intensity
* *
0.20
Offices
* *
0.20
Commercial 1:
Commercial retail:
Low intensity
0.35
0.20
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Medium intensity
0.25
0.20
High intensity_
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.15
0.20
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
0.20
Commercial 2:
Commercial retail:
Low intensity
0.50
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreational
0.25
0.20
Institutional
0.40
0.20
Public buildings and uses
0.35
0.20
Light industry
0.40
0.20
Suburban commercial:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
10.20
Light industry
0.30
0.20
Suburban residential:
Commercial retail:
Low intensity
**
0.50
Medium intensity
**
0.50
Offices
**
0.50
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Public buildings and uses
0.25
0.50
Institutional
0.25
0.50
Sparsely settled:
Public buildings and uses
0.20
0.20
Native area:
Public buildings and uses
0.20
0.20
Mainland native area:
Educational/research centers
0.30
0.20
Improved subdivision:
Commercial retail:
Low intensity
0.25**
0.20
Medium intensity
0.20**
0.20
Offices
0.25**
0.20
Destination resort:
Commercial retail
**
0.20
Institutional
0.30
0.20
Recreational vehicle:
Commercial retail
**
0.20
Commercial fishing area:
Commercial fishing
0.40
0.20
Light industry
0.40
0.20
Commercial retail:
Low intensity
0.40
0.20
Medium intensity
0.40
0.20
Commercial fishing village:
Commercial fishing
0.40
0.20
Commercial fishing special districts (all):
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
Commercial fishing
0.40
0.20
Light industry
10.30
10.20
Mixed use:
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Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Industrial:
Light industry
0.40
0.20
Heavy industry
0.25
0.20
Public buildings and uses
0.40
0.20
Restaurants
0.30
0.20
Offices
0.40
0.20
Commercial fishing
0.40
0.20
Maritime industrial:
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
High intensity
0.40
0.20
Offices
0.50
0.20
Public buildings and uses
0.60
0.20
Commercial fishing
0.45
0.20
Light industry
10.35
10.20
Heavy industry:
Military facilities:
Military uses
0.50
0.20
Commercial retail:
intensity
0.30
0.20
:::
ium intensity
L
0.30
0.20
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Offices
0.40
0.20
Public buildings and uses
0.30
0.20
Airport:
Airport uses
0.10
0.20
Parks and refuge:
Public buildings and uses
0.20
0.90
See additional open space ratio in this article: in accordance with section 118-12, the most
restrictive of these ratios applies.
"Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per
lot stated in article III of this chapter shall prevail.
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 permit, and or other development approval application
submitted after the effective date.
(The remainder of this page left intentionally blank.)
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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 , 2013.
Mayor George Neugent
Mayor pro tern Heather Carruthers
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
C
Deputy Clerk
Mayor George Neugent
MOPPOfd COUN Y ATTORNEY
AVEDiO FORM.
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Mayte Santamaria, Assistant Director of Planning
Emily Schemper, Senior Planner
Date: April 22, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY CODE BY
ESTABLISHING TWO COMMERCIAL DISTRICTS, AMENDING SECTION 130-2,
LAND USE DISTRICTS ESTABLISHED; CREATING SECTION 130-51, PURPOSE
OF THE COMMERCIAL I DISTRICT (CI); CREATING SECTION 130-52,
PURPOSE OF THE COMMERCIAL 2 DISTRICT (C2); CREATING, WITHIN
ARTICLE III PERMITTED AND CONDITIONAL USES, SECTION 130-102,
COMMERCIAL I DISTRICT (CI); AND SECTION 130-103, COMMERCIAL 2
DISTRICT (C2); AND AMENDING SECTION 130-164, MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE;
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.
Meeting: May 15, 2013
L REQUEST
This is a request from the Planning & Environmental Resources Department to create Monroe
County Code (MCC) § 130-51, § 130-52, § 130-102, and § 130-103, and to amend § 130-2 and
§130-164; to establish "Commercial 1" and "Commercial 2" land use districts, corresponding
permitted and conditional uses, and corresponding land use intensities and open space
requirements. This request creates land development regulations that are consistent with and
implement the Commercial (COMM) future land use category in the Comprehensive Plan
adopted by BOCC Ordinance 010-2013 on February 20, 2013, and which is to become effective
upon DEO's issuance of a Notice of Intent finding the amendment in compliance (expected by
April 26, 2013).
Page 1 of 15
1 II. BACKGROUND INFORMATION & ANALYSIS
2
3 Currently, the County does not have any exclusive commercial land use districts. Commercial
4 uses are allowed in the following existing land use districts:
6 Permitted as of Right
7 Commercial fishing area district (CFA)
8 Commercial fishing special districts (CFS)
9 Commercial fishing village district (CFV)
10 Industrial district (I)
11 Maritime industries district (MI)
12 Military facilities district (MF)
13 Mixed use district (MU)
14 Recreational vehicle district (RV)
15 Suburban commercial district (SC)
16 Urban commercial district (UC)
17
18 Permitted as Minor Conditional Use
19 Destination resort district (DR)
20 Suburban residential district (SR)
21
22 Permitted as Major Conditional Use
23 Improved subdivision district (IS)
24 Improved subdivision vacation rental district (IS-V)
25 Urban residential —mobile home district (URM)
26 Urban residential mobile home —limited district (URM-L)
27
28 Each of these land use districts allows some form of residential use as well.
29
30 As the County has undertaken the tasks outlined in Rule 28-20.140, Florida Administrative Code
31 (F.A.C.) and the evaluation of the 2010 Comprehensive Plan, several issues have been
32 highlighted that indicate the need for an exclusive commercial category. The County has already
33 begun to address these issues by proposing a Commercial future land use category which does
34 not include a residential component. On October 17, 2012, the Monroe County Board of County
35 Commissioners (BOCC) held a public hearing for the purpose of considering the proposed
36 amendment. The BOCC passed Resolution No. 333-2012 recommending transmittal to the State
37 Land Planning Agency. The Florida Department of Economic Opportunity (DEO) has reviewed
38 the proposed amendment, and indicated no objections or comments on the proposed amendment
39 in their Objections, Recommendations, and Comments (ORC) Report, dated January 4, 2013.
40 The BOCC adopted Ordinance 010-2013 amending the MC 2010 Comprehensive Plan to
41 establish a Commercial future land use category at their meeting on February 20, 2013. This
42 ordinance becomes effective upon DEO's issuance of a Notice of Intent finding the amendment
43 in compliance. DEO will provide the notice by April 26, 2013.
44
45 The amendment proposed here is necessary to keep the Land Development Code consistent with
46 and implement the Comprehensive Plan by establishing the two commercial land use districts
47 under the new Commercial FLUM category, as well as their corresponding intensities and open
Page 2 of 15
I space requirements. Note, Sections 163.3194, 163.3201 and 163.3202, F.S. require the adoption
2 of land development regulations to be consistent with and implement the comprehensive plan.
4 As discussed in detail during review of the Comprehensive Plan amendment, the creation of
5 exclusively commercial land use districts can provide alternative and additional uses of private
6 property that do not include a residential component, and, therefore, do not contribute to
7 increases in hurricane evacuation clearance times. Additionally, the proposed commercial land
8 use districts can assist the County in implementing other necessary planning projects, such as
9 addressing nonconformities.
10
11 Nonconforming Uses
12 When the official zoning maps were adopted in 1992, as well as with the adoption of the
13 Monroe County 2010 Comprehensive Plan and Future Land Use Maps in 1997, multiple
14 properties with existing commercial/office uses became nonconforming due to the adopted
15 maps. Members of the community have brought up the issue of nonconformities over the years
16 and the County has highlighted this issue in the Evaluation and Appraisal Report (EAR) of the
17 Comprehensive Plan (A. see EAR example below). Additionally, the County has adopted action
18 items as part of the Livable CommuniKeys Plans (B. see Key Largo Community Master Plan
19 examples below) as well as the fee resolution (C. see Resolution 332-2012 below) to address
20 these nonconformities.
21
22 A. Evaluation and Appraisal Report
23
24 EAR Recommendations
25 I On May 22, 2012, the BOCC adopted the final Evaluation and Appraisal Report (EAR), which evaluates
26 the existing goals, objectives, and policies of the existing Comprehensive Plan and gauges their
27 compatibility with state and regional policies, plans and regulatory requirements.
28
29 The EAR's Assessment of Comprehensive Plan Elements (Chapter 3) included the following
30 recommendation:
31
32 A. Future Land Use Element
33 Objective 101.4 and the associated polices establish the Future Land Use Map categories and the
34 density and intensity standards for each category. These policies should be evaluated to determine if. 1)
35 the existing density and intensity standards recognize and encourage the unique
36 development/redevelopment patterns within the County; 2) if the floor area ratio maximums promote
37 compatibility in each of the Future Land Use categories; 3) if the density standards under maximum net
38 density should be modified or eliminated; and 4) if open space ratios should be adopted into the
39 I Comprehensive Plan. Additionally, the County should review and clarify the uses permitted under the
40 Conservation category, consider the creation of a Preservation category for publically owned lands, and
41 establish a Commercial category.
42
43 The EAR's Assessment of Major Issues (Chapter 4) included the following recommendation:
44
45 Issue Category #2(e): Development of a Commercial Land Use District Category
46 A. Background: Currently, the County does not have an exclusive commercial land use category. The
47 two existing commercial use categories: Mixed Use/Commercial and Mixed Use/Commercial Fishing
48 include a residential component.
49 B. Analysis: Due to the potential for encroachment and impacts from litter and pets from residential uses,
50 mixed use parcels adjacent to natural habitat in Tier I have the potential to negatively impact these lands.
Page 3 of 15
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C. Policy Framework:
• Objective 101.4 and its associated policies identify the various land use districts and the uses allowed
within each district, but again, there is no Commercial land use category.
D. Strategies:
- The County should consider creating a policy for a Commercial Future Land Use Designation that does
not allow residential uses.
III. Land Use/Mobility
Issue Statement #2: The County Should Meet or Exceed Hurricane Evacuation Requirements as
required by State law.
B. Key Largo Community Master Plan (2006)
Goals identified in the Key Largo Community Master Plan include:
Land Use and Redevelopment Element
GOAL ONE: Direct future growth to lands that are most suitable for development and encourage
preservation of environmentally sensitive lands.
Under this goal, community needs include the re-evaluation of parcels that were previously down -zoned
and now non -conforming, and restoration of the commercial status where appropriate (pg 20).
Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development of
individual parcels with respect to density, intensity, bulk regulations, and all other land development
regulation. This will protect the existing conformance status of most uses and promote orderly
development consistent with the Comprehensive Plan.
Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
nonconforming uses, proposed changes in use, vacant parcels and other requests based mainly on
comprehensive planning principles and the following community -goal related criteria:
a. Promote infill, design flexibility and transfer of density to Community Centers.
b. Preserve commercial conformance status within sections along US-1 predominated by existing
commercial businesses and disturbed lands.
c. Encourage sun -setting of intensive commercial uses within sections along US-1 predominated by
natural habitat or native -dominated landscape, relatively sparse development and relatively few
businesses.
d. Preserve commercial use status for existing waterfront uses that support the tourist -based and working
waterfront -based economy.
e. Give consideration to whether the property provides a unique or outstanding opportunity for
enhancement of design, connectivity and other community goals, especially along the US-1 corridor.
C. Fee Resolution 332-2012
Section 1.
3. There shall be no application or other fees, except advertising and noticing fees, for property owners
who apply for a map amendment to the official LUD map and/or the official FL UM, if the property
owner can provide satisfactory evidence that a currently existing use on the site that also existed lawfully
in 1992 was deemed nonconforming by final adoption of the L UD map and/or a currently existing use on
Page 4 of 15
I the site that also existed lawfully in on the site in 1997 was deemed nonconforming by final adoption of
2 the FLUM. To qualify for the fee exemption, the applicant must apply .for a LUD and/or FLUM
3 designation(s) that would eliminate the non -conforming use created with adoption of the existing
4 I designation(s) and not create an adverse impact to the community. Prior to submittal of a map
5 amendment application, the applicant must provide the evidence supporting the change and application
6 for a fee exemption with the proposed LUD map/FLUM designations to the Monroe County Planning &
7 I Environmental Resources Department as part of an application for a Letter of Understanding. Following
8 a review, the Director of Planning & Environmental Resources shall determine if the information and
9 evidence is suff cient, and whether the proposed L UD map and/or FL UM designations are acceptable. for
10 I the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter of Understanding
11 shall not obligate the staff to recommend approval or denial of the proposed L UD or FL UM Category.
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
12
13 Together with the Commercial future land use category, the proposed amendment will fulfill the
14 EAR's recommendations to create a policy for a Commercial Future Land Use Designation that
15 does not allow residential uses, as well as support the County's efforts to comply with the
16 State's requirements for hurricane evacuation.
Further, as the County currently tries to address the nonconformities due to the official map
adoptions, the County must evaluate and make recommendations on amendments based on the
existing land use districts. Each of the existing land use districts that allows commercial (listed
previously) also includes a residential component. If the County or a property owner requests
that the land use district for a property with an existing nonconforming commercial use be
changed to one of the existing land use districts which allows commercial uses, the allocated
residential density could likely increase with that change. Given the hurricane evacuation issues
stated above, and consistent with Ordinance 028-2012 (adopted September 21, 2012) below
which discourages increases in allowable density, the proposed amendment provides a viable
option for land use district changes for the COMM FLUM, while addressing nonconforming
commercial uses.
Discouragement Amendment
Ordinance 028-2012 discouraging private applications for future land use changes which
increase allowable density/intensity.
- On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012,
creating Policy 101.4.20 discouraging private applications for future land use changes
which increase allowable density/intensity, and transmitted the ordinance to the State
Land Planning Agency. The amendment is to implement the Work Program Task from
Rule 28-20.140, F.A.C., and the direction from the Administration Commission. This
amendment was found in -compliance by the State Land Planning Agency and became
effective on November 20, 2012.
The creation of the Commercial 1 and Commercial 2 land use districts will further support the
goal of avoiding increases in residential density by providing alternative zoning categories
which do not allow residential development.
Page 5 of 15
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III. RELEVANT PRIOR COUNTY ACTIONS
On December 18, 2012 the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting and recommended approval.
On February 20, 2013, the BOCC adopted the corresponding amendment to the Comprehensive
Plan establishing the Commercial (COMM) future land use category (Ordinance 010-2013, see
Exhibit 1). On April 26, 2013, DEO issued a Notice of Intent finding the amendment in
compliance with Florida Statute, and it is therefore now effective.
On February 27, 2013, at a regularly scheduled meeting, the Monroe County Planning
Commission held a public hearing to consider, review and receive public comment for the
proposed amendment and recommended approval of the amendment to the BOCC (Resolution
P 10-2013, see Exhibit 2).
On April 17, 2013, the BOCC held the first of two required adoption hearings to consider the
proposed ordinance by the Monroe County Board of County Commissioners amending the
Monroe County Code by establishing two Commercial Districts. The current hearing is the
second of the two required adoption hearings.
IV. REVIEW
MCC �130-2:
Amendments are necessary to add the Commercial 1 district (Cl) and Commercial 2 district
(C2) and their abbreviations to the list of officially established land use districts. Staff is
proposing two commercial land use districts in order to distinguish between commercial uses of
different scales (as described below by the purposes of each district).
MCC V 30-51:
Creation of this section is necessary to describe the purpose of the Commercial 1 district. Staff is
proposing that the commercial uses allowed in the Commercial 1 district be primarily to serve
the needs of the immediate vicinity in which they are located.
MCC �130-52:
Creation of this section is necessary to describe the purpose of the Commercial 2 district. Staff is
proposing that the Commercial 2 district designate appropriate areas for higher -intensity
commercial uses to serve retail sales and service, and professional services needs of a subarea.
MCC V 30-102:
Creation of this section is necessary to establish which specific uses are permitted as of right and
as conditional uses in the Commercial 1 district. Staff is proposing that permitted uses be similar
to those in the Suburban Commercial land use district, but will not include any residential uses.
MCC ¢130-103:
Creation of this section is necessary to establish which specific uses are permitted as of right and
as conditional uses in the Commercial 2 district. Staff is proposing that permitted uses be similar
to those in the Urban Commercial land use district, but not include any residential uses. Sections
Page 6 of 15
1 130-102 and 130-103 have been updated since the time of the Planning Commission hearing to
2 clarify that institutional uses within these districts may not include residential dwelling units.
4 MCC V 30-164:
5 Amendments to the "Maximum nonresidential land use intensities and district open space" table
6 in this section are necessary to establish allowed intensities for uses within the Commercial 1
7 district and the Commercial 2 district, and to establish the minimum required open space for
8 uses within these districts. Staff is proposing that maximum intensities in the Commercial 2
9 district be slightly higher than those in the Commercial 1 district, consistent with the purpose of
10 each district, as described above. Open space requirements of 20% are proposed for both
11 districts, consistent with open space requirements for the majority of existing land use districts.
12
13 V. PROPOSED AMENDMENT
14
15 Therefore, staff recommends the following changes (Additions are underlined and in green. Text
16 to remain the same is in black):
17
18 Chapter 130 - LAND USE DISTRICTS
19
20 ARTICLE I. - IN GENERAL
21
22 Sec. 130-2. - Land use districts established. In order to carry out and implement the goals and
23 objectives of the plan, the following land use districts are hereby established:
24 (1) Urban commercial district (UC).
25 (2) Urban residential district (UR).
26 (3) Urban residential —mobile home district (URM).
27 (4) Urban residential mobile home —limited district (URM-L).
28 (5) Suburban commercial district (SC).
29 (6) Suburban residential district (SR).
30 (7) Suburban residential district (limited) (SR-L).
31 (8) Sparsely settled residential district (SS).
32 (9) Native area district (NA).
33 (10) Mainland native area (MN).
34 (11) Offshore island district (OS).
35 (12) Improved subdivision district (IS).
36 (13) Improved subdivision vacation rental district.
37 (14) Destination resort district (DR).
38 (15) Recreational vehicle district (RV).
39 (16) Commercial fishing area district (CFA).
40 (17) Commercial fishing village district (CFV).
41 (18) Commercial fishing special districts (CFS).
42 (19) Mixed use district (MU).
43 (20) Industrial district (I).
44 (21) Maritime industries district (MI).
45 (22) Military facilities district (MF).
46 (23) Airport district (AD).
47 (24) Park and refuge district (PR).
48 (25) Conservation district (CD).
Page 7 of 15
1 (26) Commercial 1 district (C1).
2 (27) Commercial 2 district (Q.
3 (Code 1979, § 9.5-202; Ord No. 33-1986, § 9-102)
5 ARTICLE IL - DISTRICT PURPOSES
6 Sec. 130-51. - Purpose of the Commercial 1 district (C1).
7 The purpose of the Cl district is to establish areas for commercial retail, public, institutional and
8 office uses designed and intended primarily to serve the needs of immediately surrounding
9 residential areas. This district should be established at locations convenient and accessible to
10 residential uses to reduce trips on U.S. 1.
11
12 Sec. 130-52. - Purpose of the Commercial 2 district (C2).
13 The purpose of the C2 district is to designate Mppropriate areas for higher -intensity commercial uses
14 intended to serve the needs of a subarea with commercial retail sales and service, public,
15 institutional and office uses. This district should be established at discrete nodes along U.S. 1 and
16 designed to serve the needs of both residents and visitors.
17
18 ARTICLE III. - PERMITTED AND CONDITIONAL USES
19
20 Sec. 130-102. — Commercial 1 district (Cl).
21 (a) The following uses are permitted as of right in the Commercial 1 district:
22 (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of less
23 than 2,500 square feet of floor area,
24 (2) Commercial recreational uses (indoor and outdoor;
25 (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit),
26 (4) Public buildings and uses,
27 (5) Accessory
28 (6) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3),
29 (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4);
30 (8) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2),
31 (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5),
32 (10) Satellite earth stations, as accessory uses, pursuant to section 146-5(61
33
34 (b) The following uses are permitted as minor conditional uses in the Commercial 1 district,
35 subject to the standards and procedures set forth in chapter 110, article III:
36 (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of
37 greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by
38 way of:
39 a. An existing curb cut,
40 b. A signalized intersection, or
41 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
42 400 feet,
43 (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area, provided
44 that access to U.S. 1 is by way of:
45 a. An existing curb cut,
46 b. A signalized intersection, or
47 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
48 400 feet,
Page 8 of 15
1 (3) Parks and communily parks, and
2 (4) Light industrial uses, provided that:
3 a. The parcel proposed for development does not have an area of greater than two acres,
4 b. The parcel proposed for development is separated from any established residential use by
5 at least a class C bufferyard, and
6 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at
7 least six feet in height,
9
(c)
The following uses are permitted as major conditional uses in the Commercial 1 district
10
subject to the standards and procedures set forth in chapter 110, article III:
11
(1)
Commercial retail of low- and medium -intensity and office uses or any combination thereof
12
greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of:
13
a. An existing curb cut,
14
b. A signalized intersection, or
15
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
16
400 feet,
17
(2)
Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided
18
that access to U.S. 1 is by way of:
19
a. An existing curb cut,
20
b. A signalized intersection, or
21
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
22
400 feet,
23
(3)
New antenna -supporting structures, pursuant to section 146-5(1), and
24
(4)
Land use overlays A, E, PF, subject to the provisions of article IV of this chapter;
25
26
27
Sec. 130-103. — Commercial 2 district (C2).
28
(a)
The following uses are permitted as of right in the Commercial 2 district:
29
(1)
Commercial retail of low- and medium -intensity and office uses or any combination thereof of
30
less than 10,000 square feet of floor area,
31
(2)
Commercial retail uses of high intensity of less than 5,000 square feet of floor area,
32
(3)
Commercial recreational uses (indoor and outdoor);
33
(4)
Institutional uses (excluding institutional residential uses or any form of dwelling unit),
34
(5)
Public buildings and uses,
35
(6)
Accessory uses,
36
(7)
Collocations on existing antenna -supporting structures, pursuant to section 146-5(3),
37
(8)
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4),
38
(9)
Replacement of an existing antenna -supporting structure pursuant to section 146-5(2),
39
(10)
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5), and
40
(11)
Satellite earth stations, as accessory uses, pursuant to section 146-5(6).
41
42 (b) The following uses are permitted as minor conditional uses in the Commercial 2 district
43 subject to the standards and procedures set forth in chapter 110, article III:
44 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of
45 greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. 1 is
46 by way of:
47 a. An existing curb cut,
48 b. A signalized intersection, or
Page 9 of 15
I c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
2 400 feet,
3 (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet of
4 floor area, provided that access to U.S. 1 is by way of-
5 a. An existing curb cut,
6 b. A signalized intersection, or
7 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
8 400 feet,
9 (3) Parks and community parks, and
10 (4) Light industrial uses, provided that:
11 a. The parcel proposed for development does not have an area of greater than two acres,
12 b. The parcel proposed for development is separated from any established residential use by
13 at least a class C bufferyard, and
14 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at
15 least six feet in height,
16
17 (c) The following uses are permitted as maior conditional uses in the Commercial 2 district
18 subject to the standards and procedures set forth in chapter 110, article III:
19 (1) Commercial retail of low- and medium -intensity and office uses, or any combination thereof, of
20 greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of:
21 a. An existing curb cut,
22 b. A signalized intersection, or
23 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
24 400 feet,
25 (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area, provided
26 that access to U.S. 1 is by way of:
27 a. An existing curb cut,
28 b. A signalized intersection, or
29 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
30 400 feet,
31 (3) Amusement or sea life parks and drive-in theaters, provided that:
32 a. The parcel of land has an area of at least two acres,
33 b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or
34 established residential uses by at least a class E buffer_ and
35 c. Access to U.S. 1 is by way of:
36 1. An existing curb cut,
37 2. A signalized intersection, or
38 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
39 at least 400 feet,
40 (4) Marinas, provided that:
41 a. The parcel proposed for development has access to water of at least four feet below mean
42 sea level at mean low tide_
43 b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
44 products,
45 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at
46 least six feet in height,
47 d. Any commercial fishing activities are limited to the landing of catch, mooring and
48 docking of boats and storage of traps and other fishing equipment, and
Page 10 of 15
I e. Each nonwaterside perimeter setback of the parcel proposed for development must have a
2 class C bufferyard within a side yard setback of ten feet,
3 (5) Heliports or seaplane ports, provided that:
4 a. The heliport is associated with a governmental services facility, a law enforcement
5 element or a medical services facility
6 b. The heliport or seaplane port is a Federal Aviation Administration certified landing
7 facili
8 c. The landing and departure approaches do not pass over established residential uses or
9 known bird rookeries,
10 d. If there are established uses within 500 feet of the parcel proposed for development, the
11 hours of operation shall be limited to daylight; and
12 e. The use is fenced or otherwise secured from any entry unauthorized persons,
13 (6) New antenna -supporting structures, pursuant to section 146-5(1), and
14 (7) Land use overlays A. E. PF_ subiect to the provisions of article IV of this chanter.
15
16
17 ARTICLE V. - LAND USE INTENSITIES
18
19 Sec. 130-164. - Maximum nonresidential land use intensities and district open space.
20 Maximum nonresidential land use intensities and district open space shall be in accordance with the
21 following table:
22
Land Use District
Maximum
Floor Area Ratio
O.S.R.
Urban commercial:
Commercial retail:
Low intensity
0.45
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreation
0.15
0.20
Institutional
0.40
0.20
Outdoor recreational
0.15
0.20
Public buildings
0.35
0.20
Urban residential:
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Urban residential mobile home:
Commercial retail:
Low intensity
* *
0.20
Medium intensity
* *
0.20
Page 11 of 15
Offices
* *
0.20
Commercial 1:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.15
0.20
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
0.20
Commercial 2:
Commercial retail:
Low intensity
0.50
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreational
0.25
0.20
Institutional
0.40
0.20
Public buildings and uses
0.35
0.20
Light industry
0.40
0.20
Suburban commercial:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
10.20
Light industry
0.30
0.20
Suburban residential:
Commercial retail:
Page 12 of 15
Low intensity
**
0.50
Medium intensity
**
0.50
Offices
* *
0.50
Public buildings and uses
0.25
10.50
Institutional
0.25
0.50
Sparsely settled:
Public buildings and uses
0.20
0.20
Native area:
Public buildings and uses
0.20
0.20
Mainland native area:
Educational/research centers
0.30
0.20
Improved subdivision:
Commercial retail:
Low intensity
0.25 * *
0.20
Medium intensity
0.20**
0.20
Offices
0.25 * *
0.20
Destination resort:
Commercial retail
**
0.20
Institutional
0.30
0.20
Recreational vehicle:
Commercial retail
**
0.20
Commercial fishing area:
Commercial fishing
0.40
0.20
Light industry
0.40
0.20
Commercial retail:
Low intensity
0.40
0.20
Medium intensity
0.40
0.20
Commercial fishing village:
Commercial fishing
0.40
0.20
Commercial fishing special districts (all):
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Page 13 of 15
Mixed use:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Commercial fishing
0.40
0.20
Light industry
10.30
10.20
Industrial:
Light industry
0.40
0.20
Heavy industry
0.25
0.20
Public buildings and uses
0.40
0.20
Restaurants
0.30
0.20
Offices
0.40
0.20
Commercial fishing
0.40
10.20
Maritime industrial:
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
High intensity
0.40
0.20
Offices
0.50
0.20
Public buildings and uses
0.60
0.20
Commercial fishing
0.45
0.20
Light industry
10.35
10.20
Heavy industry:
Military facilities:
Military uses
0.50
0.20
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
Offices
0.40
0.20
Page 14 of 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Public buildings and uses
0.30
0.20
Airport:
Airport uses
0.10
0.20
Parks and refuge:
Public buildings and uses
0.20
0.90
* See additional open space ratio in this article: in accordance with section 118-12, the most
restrictive of these ratios applies.
"Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per
lot stated in article III of this chapter shall prevail.
VI. STAFF RECOMMENDATION
Staff has found that the proposed text amendment would be consistent with one or more of the
required provisions of MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public
service needs) from those on which the text or boundary was based; 2. Changed assumptions
(e.g., regarding demographic trends); 3. Data errors, including errors in mapping, vegetative
types and natural features described in volume I of the plan; 4. New issues; 5. Recognition of a
need for additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found
that the proposed text amendments are necessary due to new issues and recognition of a need for
additional detail or comprehensiveness.
Staff has found that the proposed text amendment would be consistent with the Florida Keys
Principles for Guiding Development, Comprehensive Plan and Florida Statute (detailed in
Exhibit 3).
Staff recommends that the BOCC amend the Monroe County Code as stated in the text of this
staff report.
VIL EXHIBITS
1. Ordinance 010-2013, adopted by the BOCC on February 20, 2013 — corresponding
amendment to Comprehensive Plan to create a Commercial FLUM.
2. Planning Commission Resolution P10-13, recommending approval of proposed amendment.
3. Consistency with the Florida Keys Principles for Guiding Development, Comprehensive
Plan and Florida Statute.
Page 15 of 15
Exhibit 1 to Staff Report
April 22, 2013
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 101.4.1-101.4.17:
Future Land Use Densities and Intensities
Future Land Use Category
Allocated Density ro)
Maximum Net Density (a)(b)(i)
Maximum Intensity
And Corivsponding Zoning
(per acre)
(per buildable acre)
(floor area ratio)
Agriculture (A)U9
0 du
N/A
0.20-025
(no directly corresponding zoning)
0 rooms/
N/A
Airport(AD)
0 du
N/A
0.10
(AD zoning)
0 rooms/
N/A
Commercial (COMM)
0 du
N/A
0.15-0.50
(C I 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 zoning)
0 rooms/spaces
N/A
Industrial (1)
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 zoning)
3-15 rooms/
6-24 rooms/spaces
Mainland Native
0.01 du
N/A
0.10
(MN zoning)
0 rooms/
N/A
Military (MI)
6 du
12 du
0.30-0.50
(MF zoning)
10 rooms/spaces
20 rooms/spaces
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 wring)
2 du (M l zoning)
0.30-0.60 (1VII zoning)
Mixed Use/Commercial Fishing (MCF)w
Approx. 3-8 du
12 du
0.25-0.40
(CFA, CFV(e), CFSD whin)
0 rooms/spaces
0 rooms/spaces
Public Facilities (PF)
0 du
N/A
0.10-0.30
no directly corresponding wnin)
0 rooms/
N/A
Public Buildings/Grounds (PB)
0 du
N/A
0.10-0.30
(no directl co ndin zoning)
0 rooms/
N/A
Recreation (R)
0.25 du
N/A
0.20
(PR zoning)
2 rooms/
N/A
Residential Conservation (RC)
0-0.25 du
N/A
0-0.10
(OS and NA zoning)
0 rooms)
N/A
Residential Low (RL)
0.25-0.50 du
5 du
0.20-025
(SS4, SR, and SR-L zoning)
0 rooms/
N/A
Residential Medium (RM)
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), e), and UIO zoning)
(1-2 du/lot)
20 rooms/spaces
10 rooms/spaces
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 writ 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 wets per lot, respectively and the maximum net density bonuses
shall not be available.
(f) 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
con esponding 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 furime 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. L I. 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, 11, III and Tier 111-A shall be
limited to the portion of the property containing upland native vegetation in the following percentages or
maximum square footage:
Tier I 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
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).
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 III -A shall be limited to 7,500 square feet per
parcel. For parcels greater than 30,000 square feet, with the exception of parcels
III -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
101.4.21 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
:1
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Zi
DEPUTY LERK
Mayor George Neugent C.
r-
_a
` � J
MONRO
/',0PfVED
NTY,.(tTTORNEY
A5 TO FOR
Date: - "
G37
Exhibit 2 to Staff Report
April 22, 2013
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P10-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY CODE BY ESTABLISHING TWO COMMERCIAL
DISTRICTS; AMENDING SECTION 130-2, LAND USE
DISTRICTS ESTABLISHED; CREATING SECTION 130-51,
PURPOSE OF THE COMMERCIAL 1 DISTRICT (C1);
CREATING SECTION 130-52, PURPOSE OF THE
COMMERCIAL 2 DISTRICT (C2); CREATING SECTION 130-
102, COMMERCIAL 1 DISTRICT (Cl) PROVIDING FOR
PERMITTED AND CONDITIONAL USES; CREATING
SECTION 130-103 COMMERCIAL 2 DISTRICT (C2)
PROVIDING FOR PERMITTED AND CONDITIONAL USES;
AMENDING SECTION 130-164, MAXIMUM
NONRESIDENTIAL LAND USE INTENSITIES AND
DISTRICT OPEN SPACE.
WHEREAS, the Planning & Environmental Resources Department is proposing an
amendment to the Monroe County Code to establish Commercial 1 and Commercial 2 land use
districts, their purpose, permitted and conditional uses, maximum land use intensities, and
district open space; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012;
and
WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013,
the Monroe County Planning Commission held a public hearing to consider, review and receive
public comment for a proposed amendment to the Monroe County Code and to make its
recommendation to the Board of County Commissioners; and
WHEREAS, the Monroe County Planning Commission makes the following findings of
fact and conclusions of law:
1
1. The Monroe County Code does not currently include any exclusive commercial land
use districts; and
2. Florida Statutes and the County's 2010 Comprehensive Plan require the maintenance
of a hurricane evacuation 24 hour clearance time; and
3. The adopted Evaluation and Appraisal Report recommends the creation of a
commercial future land use category; and
4. 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
5. The Livable CommuniKeys Plans include action items directing the County to revise
the FLUM and Land Use District Maps to resolve nonconformities; and
6. The BOCC has adopted an amendment to the MC 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
7. The BOCC has adopted an amendment to the MC 2010 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 C 1 and C2 zoning categories, and establish the density and
intensity standards; and
8. The proposed amendment is necessary to keep the Monroe County Code consistent
with the Comprehensive Plan by establishing the two commercial land use districts
under the new Commercial FLUM category; and
9. The proposed amendment is consistent with the provisions and intent of the Monroe
County Comprehensive Plan; and
10. The proposed amendment is consistent with the provisions and intent of the Monroe
County Code; and
11. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA:
[Amendments are presented in strikedweugh to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain un-
amended.]
Section 1. The following amendment to the Monroe County Code is recommended for
transmittal to the State Land Planning Agency and adoption by the Board of County
Commissioners as follows:
Sec.130-2. - Land use districts established.
In order to carry out and implement the goals and objectives of the plan, the following land use
districts are hereby established:
(1) Urban commercial district (UC).
(2) Urban residential district (UR).
(3) Urban residential —mobile home district (URM).
(4) Urban residential mobile home —limited district (URM-L).
(5) Suburban commercial district (SC).
(6) Suburban residential district (SR).
(7) Suburban residential district (limited) (SR-L).
(8) Sparsely settled residential district (SS).
(9) Native area district (NA).
(10) Mainland native area (MN).
(11) Offshore island district (OS).
(12) Improved subdivision district (IS).
(13) Improved subdivision vacation rental district.
(14) Destination resort district (DR).
(15) Recreational vehicle district (RV).
(16) Commercial fishing area district (CFA).
(17) Commercial fishing village district (CFV).
(18) Commercial fishing special districts (CFS).
(19) Mixed use district (MU).
(20) Industrial district (I).
(21) Maritime industries district (MI).
(22) Military facilities district (MF).
(23) Airport district (AD).
(24) Park and refuge district (PR).
(25) Conservation district (CD).
(26) Commercial 1 district (C 1).
(27) Commercial 2 district (C2).
3
Sec. 130-51. - Purpose of the Commercial 1 district (Cl).
The purpose of the Cl district is to establish areas for commercial retail public institutional and
office uses designed and intended primarily to serve the needs of immediately surrounding
residential areas. This district should be established at locations convenient and accessible to
residential uses to reduce trips on U.S. 1.
Sec. 130-52. - Purpose of the Commercial 2 district (C2).
The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial
uses intended to serve the needs of a subarea with commercial retail sales and service public
institutional and office uses. This district should be established at discrete nodes along U.S. 1 and
designed to serve the needs of both residents and visitors.
Sec. 130-102. — Commercial 1 district (Cl).
(a) The following uses are permitted as of right in the Commercial 1 district:
(1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of
less than 2,500 square feet of floor area;
(2) Commercial recreational uses (indoor and outdoor
(3) Institutional uses;
(4) Public buildings and uses;
(5) Accessory uses;
(6) Collocations on existing antenna -supporting structures pursuant to section 146-5(3);
(7) Attached wireless communications facilities as accessory uses pursuant to section 146-5(4);
(8) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2Z
(9) Stealth wireless communications facilities, as accessory uses pursuant to section 146-5(5);
(10) Satellite earth stations, as accessory uses, pursuant to section 146-5(6)-,
(b) The following uses are permitted as minor conditional uses in the Commercial 1 district
subject to the standards and procedures set forth in chapter 110 article III:
(1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of
greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S 1 is
by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S 1 by at
least 400 feet;
(2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area; provided
that access to U.S. 1 is by way of:
a. An existing curb cut,
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Parks and community narks; and
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres,•
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
C. All outside storage areas are screened from adjacent uses by a solid fence wall or
hedge at least six feet in height;
(c) The following uses are permitted as major conditional uses in the Commercial 1 district
subject to the standards and procedures set forth in chapter 110 article III:
(1) Commercial retail of low- and medium -intensity and office uses or any combination thereof
greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail uses of high intensity_ greater than 2,500 square feet in floor area provided
that access to U.S. 1 is by way of:
a. An existing curb cut,
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) New antenna -supporting structures, pursuant to section 146-5(1); and
(4) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter;
Sec.130-103. — Commercial 2 district (C2).
(a) The following uses are permitted as of right in the Commercial 2 district:
(1) Commercial retail of low- and medium -intensity and office uses or any combination thereof
of less than 10,000 square feet of floor area,
(2) Commercial retail uses of high intensity of less than 5,000 square feet of floor area,•
(3) Commercial recreational uses (indoor and outdoor);
(4) Institutional uses;
(5) Public buildings and uses;
(6) Accessory uses;
(7) Collocations on existing antenna -supporting structures pursuant to section 146-5(3);
(8) Attached wireless communications facilities, as accessory uses pursuant to section 146-5(4);
(9) Replacement of an existing antenna -supporting structure pursuant to section 146-52)
(10) Stealth wireless communications facilities, as accessory uses pursuant to section 146-5(5)-,
and
(11) Satellite earth stations, as accessory uses, pursuant to section 146-5(6).
(b) The following uses are permitted as minor conditional uses in the Commercial 2 district
subject to the standards and procedures set forth in chapter 110, article III:
O Commercial retail of low- and medium -intensity and office uses or any combination thereof
of greater than 10,000 but less than 45,000 square feet of floor area provided that access to U.S.
1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet
of floor area, provided that access to U.S. 1 is by way of.
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Parks and community parks; and
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres:
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
c. All outside storage areas are screened from adiacent uses by a solid fence, wall or
hedge at least six feet in height;
(c) The following uses are permitted as major conditional uses in the Commercial 2 district
subject to the standards and procedures set forth in chapter 110 article III•
(1) Commercial retail of low- and medium -intensity and office uses or any combination thereof,
of greater than 45,000 sguare feet in floor area provided that access to U.S. 1 is by way of -
a. An existing curb cut,
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet,
(2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area
provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Amusement or sea life parks and drive-in theaters provided that:
a. The parcel of land has an area of at least two acres-,
b. The parcel is separated from residential districts IS SR SR-L SS UR URM URM-L
or established residential uses by at least a class E buffer, and
c. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1
by at least 400 feet;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water of at least four feet below
mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel food boating diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence wall or
hedge at least six feet in height;
d. AM commercial fishing activities are limited to the landing of catch mooring and
docking of boats and storage of traps and other fishing equipment-, and
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet-,
(5) Heliports or seaplane ports, provided that:
a. The heliport is associated with a governmental services facility, a law enforcement
element or a medical services facility
b. The heliport or seaplane port is a Federal Aviation Administration certified landing
facili
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established uses within 500 feet of the parcel proposed for development
the hours of operation shall be limited to dgyliOlt,• and
e. The use is fenced or otherwise secured from any entry unauthorized persons;
(6) New antenna -supporting structures, pursuant to section 146-5(1)- and
(7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter.
See.130-164. - Maximum nonresidential land use intensities and district open space
Maximum nonresidential land use intensities and district open space shall be in accordance with
the following table:
Land Use District
Maximum
Floor Area Ratio
O.S.R.
Urban commercial:
Commercial retail:
Low intensity
0.45
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreation
0.15
0.20
Institutional
0.40
0.20
Outdoor recreational
0.15
0.20
Public buildings
0.35
0.20
Urban residential:
Institutional
0.30 10.20
Public buildings and uses
0.30
0.20
Urban residential mobile home:
Commercial retail:
Low intensity
10.20
Medium intensity
* *
0.20
Offices
* *
0.20
Commercial 1:
Commercial
retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.15
0.20
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
10.20
Commercial 2:
Commercial
retail:
Low intensity
0.50
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreational
0.25
0.20
Institutional
0.40
0.20
Public buildings and uses
0.35
0.20
Light industry
0.40
0.20
Suburban commercial:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
0.20
Suburban residential:
Commercial retail:
Low intensity
* *
0.50
Medium intensity
* *
0.50
Offices
**
0.50
Public buildings and uses
0.25
0.50
Institutional
0.25
0.50
Sparsely settled:
Public buildings and uses
0.20
10.20
Native area:
Public buildings and uses
0.20
0.20
Mainland native area:
Educational/research centers
0.30
0.20
Improved subdivision:
Commercial retail:
Low intensity
0.25**
0.20
Medium intensity
0.20**
0.20
Offices
0.25**
0.20
Destination resort:
Commercial retail
10.20
Institutional
0.30
0.20
Recreational vehicle:
Commercial retail
* *
0.20
Commercial fishing area:
Commercial fishing
0.40
0.20
Light industry
0.40
0.20
Commercial retail:
Low intensity
0.40
OF20
Medium intensity
0.40
0.20
Commercial fishing village:
Commercial fishing
OF40
0.20
Commercial fishing special districts (all):
Commercial retail:
10
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Mixed use:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Industrial:
Light industry
0.40
0.20
Heavy industry
0.25
0.20
Public buildings and uses
0.40
0.20
Restaurants
0.30
0.20
Offices
0.40
0.20
Commercial fishing
0.40
0.20
Maritime industrial:
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
High intensity
0.40
0.20
Offices
0.50
0.20
Public buildings and uses
0.60
0.20
Commercial fishing
0.45
0.20
Light industry
0.35
0.20
Heavy industry:
11
Military facilities:
Military uses
OF50
0.20
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
Offices
0.40
0.20
Public buildings and uses
0.30
0.20
Airport:
Airport uses
0.10
0.20
Parks and refuge:
Public buildings and uses
0.20
0.90
* See additional open space ratio in this article: in accordance with section 118-12, the most
restrictive of these ratios applies.
"Where Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per
lot stated in article III of this chapter shall prevail.
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 27th day of February, 2013.
Denise Werling, Chair y
William Wiatt, Vice Chair
Jeb Hale, Commissioner
Elizabeth Lustburg, Commissioner .
Ron Miller, Commissioner
PLANNING COMMISS OF MONROF CO NTY, FLORIDA
By
Denise Werling, Chair
Signed this day of & rc
Monroe County Planning Commission Attorney
p r ed FILED WITH THE
Form
Date: MAR 2 7 2013
12
AGENCY CLERK
Exhibit 3 to Staff Report
April 22, 2013
Consistency Review
1. The amendment to create Monroe County Code (MCC) §130-51, §130-52, §130-102, and
§130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and "Commercial
2" land use districts, corresponding permitted and conditional uses, and corresponding land
use intensities and open space requirements is consistent with the Principles for Guiding
Development for the Florida Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the
principles shall be construed as a whole and no specific provision shall be construed or applied
in isolation from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so
that local government is able to achieve these objectives without continuing the area of
critical state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the
Florida Keys.
(f) Enhancing 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.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
Exhibit 3
Page 1 of 3
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served
by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of
the Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the
Florida Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the
event of a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
2. The proposed amendment to create Monroe County Code (MCC) §130-51, §130-52, §130-
102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and
"Commercial 2" land use districts, corresponding permitted and conditional uses, and
corresponding land use intensities and open space requirements is consistent with the adopted
Comprehensive Plan as described in the staff report.
3. The proposed amendment to create Monroe County Code (MCC) §130-51, §130-52, §130-
102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and
"Commercial 2" land use districts, corresponding permitted and conditional uses, and
corresponding land use intensities and open space requirements is consistent with the Part II
of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers:
163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
1633194(1)(b), F.S. — All land development regulations enacted or amended shall be consistent
with the adopted comprehensive plan, or element or portion thereof, and any land
development regulations existing at the time of adoption which are not consistent with the
adopted comprehensive plan, or element or portion thereof, shall be amended so as to be
consistent. If a local government allows an existing land development regulation which is
inconsistent with the most recently adopted comprehensive plan, or element or portion
thereof, to remain in effect, the local government shall adopt a schedule for bringing the land
development regulation into conformity with the provisions of the most recently adopted
comprehensive plan, or element or portion thereof. During the interim period when the
provisions of the most recently adopted comprehensive plan, or element or portion thereof,
and the land development regulations are inconsistent, the provisions of the most recently
Exhibit 3
Page 2 of 3
adopted comprehensive plan, or element or portion thereof, shall govern any action taken in
regard to an application for a development order.
163.3194(3)(a), F.S. — A development order or land development regulation shall be consistent
with the comprehensive plan if the land uses, densities or intensities, and other aspects of
development permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it
meets all other criteria enumerated by the local government.
163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development
of land or the adoption and enforcement by a governing body of a land development code for
an area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act
163.3202(2), F.S. - Local land development regulations shall contain specific and detailed
provisions necessary or desirable to implement the adopted comprehensive plan and shall at
a minimum:
(a) Regulate the subdivision of land.
(b) Regulate the use of land and water for those land use categories included in the land
use element and ensure the compatibility of adjacent uses and provide for open space.
(c) Provide for protection of potable water wellfields.
(d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management.
(e) Ensure the protection of environmentally sensitive lands designated in the
comprehensive plan.
(f) Regulate signage.
(g) Provide that public facilities and services meet or exceed the standards established in
the capital improvements element required by s. 163.3177 and are available when
needed for the development, or that development orders and permits are conditioned on
the availability of these public facilities and services necessary to serve the proposed
development. A local government may not issue a development order or permit that
results in a reduction in the level of services for the affected public facilities below the
level of services provided in the local government's comprehensive plan.
(h) Ensure safe and convenient onsite traffic flow, considering needed vehicle parking.
(i) Maintain the existing density of residential properties or recreational vehicle parks if
the properties are intended for residential use and are located in the unincorporated
areas that have sufficient infrastructure, as determined by a local governing authority,
and are not located within a coastal high -hazard area under s. 163.3178.
Exhibit 3
Page 3 of 3