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Ordinance 023-20131 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO.023 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE TO INCLUDE THE COMMERCIAL 1 (Cl) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WITHIN THE FOLLOWING SECTIONS; SECTION 114 -20 FENCES; SECTION 114 -99 REQUIRED LANDSCAPING; SECTION 114 -126 DISTRICT BOUNDARY BUFFERS; SECTION 114 -127 REQUIRED SCENIC CORRIDOR AND MAJOR STREET BUFFERS; SECTION 130 -186 MINIMUM YARDS; SECTION 142 -4 SIGNS REQUIRING A PERMIT AND SPECIFIC STANDARDS; CHAPTER 146, ENTITLED "WIRELESS COMMUNICATIONS FACILITIES," SECTION 146 -3 APPLICABILITY, SECTION 146 -4 USES BY LAND USE DISTRICT, AND SECTION 146 -5 DEVELOPMENT STANDARDS; REFERENCING COMMERCIAL 1 (Cl) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WHERE APPROPRIATE; 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 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 Commercial 1 and Commercial 2 zoning categories, and establish the density and intensity standards; and WHEREAS, the BOCC has adopted an amendment to the Monroe County Code establishing Commercial 1 (C 1) and Commercial 2 (C2) land use districts, their purpose, permitted and conditional uses, maximum land use intensities, and district open space; and WHEREAS, the proposed amendment is necessary to keep the Monroe County Code internally consistent with the newly established C 1 and C2 land use districts; and Page 1 of 13 I WHEREAS, the Monroe County Development Review Committee considered the 2 proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012; 3 and 4 5 WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013, 6 the Monroe County Planning Commission held a public hearing to consider, review and receive 7 public comment for a proposed amendment to the Monroe County Code and recommended 8 approval of the amendment; and 9 10 WHEREAS, at a regularly scheduled meeting held on the 15 day of May, 2013, the 11 BOCC held a public hearing to consider, review and receive public comment for a proposed 12 amendment to the Monroe County Code; and 13 14 WHEREAS, the proposed amendment is consistent with the provisions and intent of the 15 Monroe County Comprehensive Plan; and 16 17 WHEREAS, the proposed amendment is consistent with the provisions and intent of the 18 Monroe County Code; and 19 20 WHEREAS, the proposed amendment is necessary due to new issues and recognition of 21 a need for additional detail or comprehensiveness as required by Section 102 -158 of the Monroe 22 County Code; and 23 24 WHEREAS, the proposed amendment is consistent with the Principles for Guiding 25 Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 26 Statutes. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 30 31 Section 1. The Monroe County Code is amended as follows: 32 33 Sec. 114 -20. - Fences. 34 It is the purpose of this section to regulate fences in order to protect the public health, safety and 35 welfare. 36 (1) Height. 37 In general, all fences shall be measured from the finished elevation adjacent to the fence and 38 shall not exceed six feet in height. 39 a. For properties with access to U.S. 1 and to county designated arterial streets and for all 40 nonresidential properties with access to any public street, no fence exceeding three feet 41 shall be located within a clear sight triangle as defined in section 114 -201 that interferes 42 with the safe and adequate view of vehicles and pedestrians utilizing streets and 43 sidewalks; 44 b. No fence exceeding three feet shall be located at the intersection of any two public 45 streets within the clear sight triangle as defined in section 114 -201; Page 2 of 13 I c. For residential properties on local streets, fences located within the clear sight triangle 2 as defined in section 114 -201 may exceed three feet in height if located on private 3 property and placed a minimum of ten feet from the edge of pavement of the street, the 4 sidewalk or the bike path, whichever is closer to the property. On unpaved streets, the 5 distance shall be measured from the approximate edge of the cleared right -of -way. If the 6 setback of existing fences on the street is greater than ten feet the fence shall be setback 7 the same distance or to a maximum of 20 feet, whichever is less; 8 d. No fence shall exceed four feet in height within any front yard setback or within any 9 side yard setback that overlaps with a front yard setback, except as follows: 10 1. Within all land use districts, fences of five feet in height may be permitted if 11 constructed of chain -link or other material that does not impair visibility; 12 2. Within the UC, C1, C2, SC, MU, 1, MI, and AD Land Use (Zoning) Districts, 13 and when permitted in a commercial fishing district around storage lots, fences 14 may be constructed to a height of six feet, provided they are not located within 15 clear sight triangles as defined in section 114 -201 16 3. Within the IS, SR, SR -L, SS and NA Land Use (Zoning) Districts, fences may 17 be constructed to a height of six feet, provided that no other residentially 18 developed property is located within 200 feet of the subject property, provided 19 they are not located within clear sight triangles as defined in section 114 -201 20 4. On Stock Island and on Key Haven, fences may be constructed to a height of 21 six feet, provided they are not located within clear sight triangles as defined in 22 section 114 -201. Developed single family residential lots may incorporate entry 23 features of greater than six feet within the fences, provided all of the following 24 design guidelines are met: 25 26 i. The entry feature is defined as a continuous fence or gate, or combination thereof, located contiguous to and on both sides of the main 27 access (driveway) to the property which is designed and intended to 28 control and/or demarcate the access to the property. An "entry feature" 29 30 includes all walls, buttresses, guy wires, integral signs and decorative features attached thereto up to a maximum width of 12 feet, or 15 percent 31 of the lot width whichever is greater, a maximum height of ten feet, and 32 four feet in depth or six percent of the lot depth whichever is greater as 33 measured from the front property line; and 34 ii. The entry feature shall not be located in any side yard setback; and 35 iii. The entry feature shall be compatible with the existing development in 36 the immediate vicinity, shall be in harmony with the general appearance 37 and character of the community, and shall not be otherwise detrimental to 38 the public welfare; and 39 iv. The entry feature shall be designed and arranged on the site in a 40 manner that minimizes aural and visual impact on the adjacent structures 41 while affording the applicant a reasonable use of the land; and 42 vi. The entry feature shall require a building permit for its construction 43 and in addition to the normal building permit application requirements, the 44 application shall include a scaled site plan and elevations for the entry 45 feature that shows the height, width and length of each element of the 46 entry feature applied for, including any decorative or non - functional Page 3 of 13 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 elements; and identification of the materials composing each element of the structure (e.g. wire, stone, chain -link, wood, etc.). e. When it is necessary to use a fence to contain athletic activity, the fence may be erected to a maximum of 12 feet in height, if it is designed to not impair visibility and in accordance with community character as determined by the planning director. f. When it is necessary to use a fence to contain a public use for safety and/or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry code, if it is designed in accordance with community character as determined by the planning director. Sec. 114 -99. - Required landscaping. All off - street parking areas containing more than six spaces and located in one of the land use districts listed in this section shall be landscaped in accordance with the standards set out in section 114 -100. Land Use District Landscape Standard Urban commercial C Urban residential C Suburban commercial A Suburban residential C Sparsely settled A Native area A Destination resort A Mixed use C Commercial 1 A Commercial 2 C Light industrial C Military facilities C Improved subdivision (commercial) A Sec. 114 -126. - District boundary buffers. (a) Bufferyards required by section 114 -124 along district boundaries shall be provided in accordance with the following table: Page 4 of 13 Land D istrict Use A d j oining D istrict �000iooi0000 ©000000000 000 �o 00000io ©v oo © © ©000000 ACE 00000io = o : o0000ME! MM000 �000�s =0000 ©0000000 ©0000 000000■000000000000000000 ISO ooi0000000 U o : o000000000 000000 00000 o 0000000000 �00000000 ©000 © © ©©000000 SIOUBM 000 ©0000 ©Bonn munoo A0000© ©oo = 0000000ioio = 0 ©000 ©= o© ©= 0000o000000i000000 � ©000 ©© ©0000© ©0000 © © ©oo ®000000000eo Manama o ©ova ASOMEMEIEnnumman oo ©©©oo ©ova ASO0000000 ©00000©©©oomoon ABE EMB0000D ©0000000M000 ®0000000©0000000a0000000 ®0 ©0000000 © ©v ©©©oioova0000 =0 ISOseai00000 : oi00000000 0 000© ©0000 ©00000i00000000 ®= 000 = UUMBE ©ooi0000ve000 ®00000000000000a00000000 = . Mmm = 0000000000000 = 000 AVEoov0000000io00ooi000000oe 2 3 (b) Where a district boundary runs along a canal, the following rules apply: 4 (1) No buffer is required if the specified buffer is an A or B buffer. 5 (2) All other buffers shall be reduced as follows: 6 CtoA 7 D to B 8 EtoC 9 F to D 10 GtoA 11 HtoB 12 13 Page 5 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sec. 114 -127. - Required scenic corridor and major street buffers. (a) Bufferyards required by section 114 -124 shall be provided in accordance with the following table: Land Use District Major Street Buffer Scenic Corridor Urban commercial B D Urban residential D E Urban residential mobile home D D Urban residential mobile home - limited J D Commercial 1 C E Commercial 2 B D Suburban commercial C E Suburban residential E F Sparsely settled F F Native area F F Mainland native area F F Improved subdivisions D D Destination resort D F Commercial fishing E F Mixed use B F Light industry D F Maritime industries D F Military facilities C F Recreational vehicle E F Airport E F (b) Major streets are: U.S. 1, 905, 940 and Key Deer Boulevard. Additional major streets may be designated by the board of county commissioners pursuant to the provisions of chapter 102, article V. Sec. 130 -186. - Minimum yards. Except as provided in sections 114 -20 and 130 -187, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Side yards indicated set forth the minimum single yard and the total side yards required. The first number is the minimum for any single side yard where only one side yard exists; where there are two side yards, the first number is the required side yard for one of the two side yards. The Page 6 of 13 second number is the minimum combined total of both side yards (where there are two side yards). Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Urban commercial 15 10115 10 Urban residential: Attached residential 15 10115 10 Detached residential 15 10115 Urban residential mobile home: Lots less than 50 feet wide Detached residential 10 5110 10 Mobile homes 10 5110 10 Lots 50 feet wide or greater Detached residential 10 10115 10 Mobile homes 10 10115 10 Urban residential mobile home - limited 10* 10/20* 10* Commercial 1 25 10115 10 Commercial 2 15 10115 10 Suburban commercial: Hotel 25 10115 10 Other 25 10115 10 Suburban residential and suburban residential limited: Detached residential 25 10115 10 Attached residential — — Other 25 10115 10 Sparsely settled: Detached residential 25 10115 15 Attached residential 25 N/A 15 Other 25 10115 10 Offshore 25 10115 20 Native 25 10115 20 Mainland native 25 10115 20 Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Improved subdivisions 25 10115 20 Destination resort 50 20/35 30 Commercial fishing (all districts): Frontage on U.S. 1 or a frontage road adjacent to U.S. 1: Detached residential 25 10115 20 Attached residential 25 — 20 Other 25 10115 20 Mixed use: Detached residential 25 10115 20 Attached residential 25 N/A 20 Other 15 10115 10 Light industry: 25 10115 25 Maritime industry 25 10115 25 Military area 25 5/20 20 Airport 200 200 200 Park and refuge 50 50 50 *Applies to new construction only. Sec. 142 -4. - Signs requiring a permit and specific standards. Upon application for, and issuance of a building permit, except as indicated, the following signs shall be allowed. In order for a sign application to be approved, the applicant must grant access to the property for inspection purposes, for the life of the sign. (3) Signs in commercial/nonresidential areas. Sign allowances in commercial and other nonresidential areas (AD, Cl, C2, CFA, CFSD, DR, I, MF, MI, MU, RV, SC, UC) shall be calculated based on the amount of property frontage and business frontage as follows: a. Ground - mounted single- tenant /occupant signs. Every developed parcel of land with a commercial or other nonresidential use shall be allowed the following ground - mounted signage: 1. One illuminated or non - illuminated, ground - mounted sign of a height not more than 74 feet chall hP c. o ..L. A.__ +, t: ­_a .1_ r_» 1 , - -- - A— a AAW VVui Permitted Size of Nonresidential Signs per Property Frontage Street Frontage Maximum Area Total Face Area (Linear feet) Per Face (square feet) (square feet) Frontage on U.S. 1 or a frontage road adjacent to U.S. 1: Page 8 of 13 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 29 30 31 32 33 34 35 36 37 1 ft. to 150 ft. 75 sq. ft. 150 sq. ft. 151 ft. to 300 ft 100 sq. ft. 200 sq. ft. Over 301 ft. or more 200 sq. ft. 400 sq. ft. Frontage on county roads, shorelines or runways: 1 ft. to 150 ft. 40 sq. ft. 80 sq. ft. 151 ft. to 300 ft. 60 sq. ft. 120 sq. ft. Over 301 ft. or more 80 sq. ft. 160 sq. ft. Sec. 146 -3. - Applicability. (a) Except as provided for in subsection (b) of this section, this chapter shall apply to development activities including installation, construction, or modification to the following wireless communications facilities: (1) Existing antenna- supporting structures; (2) Proposed antenna- supporting structures; (3) Public antenna- supporting structures; (4) Replacement of existing antenna- supporting structures; (5) Collocation on existing antenna- supporting structures; (6) Attached wireless communications facilities; (7) Stealth wireless communications facilities; (8) Satellite earth stations; and (9) Noncommercial amateur, ham radio, or citizen's band antenna- supporting structures with heights greater than 70 feet. (b) The following items are exempt from the provisions of this chapter, notwithstanding the provisions contained in chapter 6 (1) Amateur radio antennas as provided in F.S. § 125.561; (2) Satellite earth stations that are one meter or less in diameter and which are not greater than 35 feet above grade; (3) Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the following land use districts: C1, C2, I, MI, SC, and UC; (4) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; (5) The substitution or change of existing antennas or other equipment on an existing antenna- supporting structure, provided the substituted antennas or equipment do not diminish the structural capacity of the antenna- supporting structure, and provided such change does not increase the overall height of the structure; (6) Any existing or proposed antenna- supporting structure with an overall height of 70 feet or less above ground level; and (7) A wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity for the facility by the director of public safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency. Page 9 of 13 1 2 Sec. 146 -4. - Uses by land use district. 3 (a) Pursuant to chapter 130, article III, and except as provided in subsection (b) of this 4 section, no wireless communications facility shall be permitted in a particular land use 5 district except in accordance with the table below: Land Use District New Antenna Supporting Structure Replacement of Existing Antenna Supporting Structure Collocation Attached Facility Stealth Facility Satellite Earth Station AD Prohibited Minor As -of -right Minor Minor As -of -right C1 Major As -of -right As -of -right As -of -right As -of -right As -of -right C2 Major As -of -right As -of -right As -of -right As -of -right As -of -right CD Prohibited Prohibited As -of -right Prohibited Prohibited Minor CFA Major As -of -right As -of -right Minor Minor Minor CFS' Prohibited Prohibited As -of -right Prohibited Prohibited Minor CFS Major As -of -right As -of -right As -of -right Minor Minor CFV Prohibited Minor As -of -right Minor Minor Minor DR Major As -of -right As -of -right As -of -right As -of -right As -of -right I Minor As -of -right As -of -right As -of -right As -of -right As -of -right IS Prohibited Prohibited As -of -right Prohibited Major Minor MF Major As -of -right As -of -right As -of -right As -of -right As -of -right MI Minor As -of -right As -of -right As -of -right As -of -right As -of -right MN Prohibited Prohibited As -of -right Prohibited Prohibited Minor MU Major As -of -right As -of -right As -of -right As -of -right Minor NA Prohibited As -of -right As -of -right Minor Minor Minor OS Prohibited Prohibited As -of -right Prohibited Prohibited Minor PR Prohibited Minor As -of -right As -of -right Minor As -of -right RV Prohibited Minor As -of -right Minor Minor Minor SC Major As -of -right As -of -right As -of -right As -of -right As -of -right SR Prohibited Minor As -of -right Prohibited Minor Minor SR -L Prohibited Minor As -of -right Prohibited Minor Minor SS Prohibited Prohibited As -of -right Prohibited Minor Minor UC Major As -of -right As -of -right As -of -right As -of -right As -of -right UR Prohibited Minor I As -of -right As -of -right Minor Minor Page 10 of 13 URM Prohibited Minor As -of -right Prohibited I Minor Minor' URM -L Prohibited Minor As -of- -right Prohibited Minor Minor' 1 Includes the following commercial fishing special districts: 1, 2, 8, 12, 13, 16 and 20. Z Includes the following commercial fishing special districts: 4, 5, 6, 7 and 17. ' Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as- of- right. 2 (b) Within the following districts, new antenna- supporting structures may be permitted as a 3 major conditional use, provided that the antenna- supporting structure is owned by the county and 4 is used exclusively for nonproprietary public safety communications: CD, MN, OS, and PR. 6 Sec. 146 -5. - Development standards. 7 These standards shall apply to the following types of wireless communications facilities: 8 9 10 11 (2) Replacement of an existing antenna - supporting structure. 12 a. Approval criteria for replacement antenna- supporting structures. For a proposed 13 replacement antenna- supporting structure to be approved, it shall meet the same approval 14 criteria of subsections (1)a.4., 5., 7 -10., and 12. of this section, as well as the following: 15 1. Setbacks. 16 (i) Any new equipment enclosures shall meet the minimum setback 17 requirements for the land use district where they are located pursuant to 18 section 130 -186 19 (ii) Replacement antenna- supporting structure foundations (excluding guy 20 wire anchors) constructed on properties that are contiguous to the IS, SR, 21 UR or URM zones shall not be any closer to these zones than the 22 foundation of the original antenna- supporting structure being replaced. 23 (iii) Replacement antenna- supporting structure foundations (excluding guy 24 wire anchors) constructed on properties that are contiguous to the right -of- 25 way of U.S. Highway 1 shall not be any closer to such right -of -way than 26 the foundation of the original antenna- supporting structure being replaced. 27 (iv) Replacement antenna- supporting structures and the associated 28 ancillary structures shall meet the environmental design criteria related to 29 wetland setbacks pursuant to section 118 -7 to the maximum extent 30 practicable. 31 2. Height. 32 (i) Except as provided in subsection (2)a.2.(ii) of this section, replacement 33 antenna- supporting structures shall not exceed the height requirements set 34 forth in subsection (1)a.2. of this section, or the height of the antenna - 35 supporting structure it is replacing, whichever is less. 36 (ii) In the following land use districts, replacement antenna- supporting 37 structures shall not exceed the height requirements set forth in subsection 38 (1)a.2. of this section, or the height of the antenna- supporting structure it Page 11 of 13 I is replacing, whichever is greater: C1, C2, CFA, DR, I, MF, MI, MU, NA, 2 SC, UC, and CFS districts 3, 4, 6, 7, and 17. 3 3. Construction. Subject to the height provisions of subsection (2)a.2. of this 4 section: 5 (i) Replacement antenna- supporting structures with an overall height of 6 199 feet or less shall have a monopole type construction; except that AM 7 broadcast replacement facilities may be of the same construction type as 8 the structure being replaced. 9 (ii) Replacement antenna- supporting structures with an overall height of 10 greater than 199 feet, may be of the same construction type as the structure 11 being replaced. 12 4. Landscaping. Landscaping and/or screening in the form of at least a class D 13 buffer as drawn in the class D bufferyard figure in section 114 -128 shall be 14 required around the development area to the maximum extent practicable. 15 b. Submittal requirements for replacement antenna- supporting structure applications. For 16 a proposed replacement antenna- supporting structure application to be considered 17 complete pursuant to section 110 -4, it shall contain the same submittal materials required 18 in subsections (1)b.1-9., 11., 12., and 14. of this section. 19 20 21 22 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of 23 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such 24 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the 25 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 26 provision immediately involved in the controversy in which such judgment or decree shall be 27 rendered. 28 29 Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this 30 ordinance and a portion or provision of any appropriate federal, state, or County law, rule code 31 or regulation, the more restrictive shall apply. 32 33 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 34 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 35 36 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of 37 Florida but shall not become effective until a notice is issued by the Florida State Land Planning 38 Agency or Administration Commission approving the ordinance. This ordinance shall not 39 become effective until the ordinance establishing the Commercial 1 and Commercial 2 land use 40 districts is adopted and effective. 41 42 Section 6. Inclusion in the Monroe County Code The provisions of this Ordinance shall be 43 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 44 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform 45 marking system of the Code. 46 Page 12 of 13 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 7. Effective Date. This ordinance shall become effective contingent on adoption and effectiveness of an ordinance establishing the C1 and C2 land use districts, and as provided by law and stated above. This ordinance applies to any permit, and or other development approval application submitted after the effective date. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15th day of May , 2013. Mayor George Neugent Yes Mayor pro tem Heather Carruthers Yes Commissioner Danny L. Kolhage Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK B y� Deputy Clerk t CD C-) '1 ti; M. !� CV C�j L r � " E B . Ma r George Neuge t MONROE COUNTY ATTORNEY - APPRO AS FORM Date: `/' 3 0 2 . Page 13 of 13 AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MoxROE cauxn, FLORIDA May 24, 2013 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 70121010 0003 4990 5194 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 022 -20113 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 1 District (Cl), and Section 130 -103, Commercial 2 District (C2); and amending Section 130 -164, Maximum Nonresidential Land Use Intensities and District Open Space. Ordinance No. 023 -2013 by the Monroe County Board of County Commissioners amending the Monroe County Code to include the Commercial 1 (CI) and Commercial 2 (C2) land use districts within the following sections: Section 114 -20 Fences; Section 114 -99 Required Landscaping; Section 114 -126 District Boundary Buffers; Section 114 -127 Required Scenic Corridor and Major Street Buffers; Section 130 -186 Minimum Yards; Section 142 -4 Signs Requiring a Permit and Specific Standards; Chapter 146, entitled "Wireless Communications Facilities," Section 146 -3 Applicability, Section 146 -4 Uses by Land Use District, and Section 146 -5 Development Standards; Referencing C 1 and C2 land use districts where appropriate. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 15, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax. 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 851 -7146 Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: County Attorney via e -mail Growth Management via e-mail & courier File Ir 0 un 0 Er Ir m 0 0 0 0 rq 0 ti a 0 N • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street ' - iIlahassee, Florida 32399 -0250 v 22• £ 23 2. Article Number -- (rmsfer from service tabeq ?012 12 PS Form 3811, February 2004 Domestic A. Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery JUN 0 5 2 013 D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. S Ice Type ECertified Mail ❑ Express Mail ❑ Registiffled ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 10 0003 4992 5194 Return Receipt 102595- 02'M'1540 FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor June 5, 2013 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 24, 2013 and certified copies of Monroe County Ordinance No. 022 -2013 and 023 -2013, which were filed in this office on June 5, 2013. Sincerely, Liz Cloud Program Administrator LC /elr Z o —n ° . c-. C- ' 0 r-- r � c2 co z -� rn n 0 -- ca " CD R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us t. FINAL ORDER NO. DEO -13 -069 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY In re: A LAND DEVELOPMENT REGULATION 3 0 ADOPTED BY MONROE COUNTY, FLORIDA, ORDINANCE NO. 023 -2013 = +— FINAL ORDER 3 APPROVING MONROE COUNTY ORDINANCE NO. 023-2011, ca _ o M The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development regulations adopted by Monroe County, Florida, Ordinance No. 023 -2013 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of critical state concern. Monroe County is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on May 15, 2013, and rendered to the Department on June 4, 2013. 3. Simultaneously with this Ordinance, Monroe County adopted Ordinance No. 022- 2013 establishing the Commercial 1 and Commercial 2 zoning districts to implement the Mixed Use /Commercial Future Land Use Map category added to the County's comprehensive plan in 2010. Ordinance No. 022 -2013 was approved by Final Order DEO -13 -065. 4. This Ordinance No. 023 -2013 amends the Monroe County Code relating to fences (Section 114 -20), required landscaping (Section 114 -99), district buffer boundaries (Section 114- 126), required scenic corridor and major street buffers (Section 114 -127), minimum yards (Section 130 -186), signage (Section 142 -4), uses by land use district (Sections 146 -3 and 146 -4), -n r` rn 0 - Tl Q rn n 0 1 1 FINAL ORDER NO. DEO -13 -069 and development standards (Section 146 -5) to establish standards and criteria for the Commercial 1 and Commercial 2 zoning districts. CONCLUSIONS OF LAW 5. The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. §§380.05(6)and(II) and § 380.0552(9), Fla. Stat. 6. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat. 8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically furthers the following Principle in § 380.0552(7), Fla. Stat.: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic development. 9. The Ordinance is consistent with Objective 101.3, Policy 101.3.5, Objective 101.4, and Policies 101.4.5 and 101.4.21 of the Monroe County Comprehensive Plan. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 023 -2013 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of 2 FINAL ORDER NO. DEO -15 -069 Critical State Concern and is hereby APPROVED This Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida. William B. Killigsworth, Director Division of Co unity Development Department of Economic Opportunity NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA i FINAL ORDER NO. DEO -13 -069 ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, 'PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY OFFICE OF THE GENERAL COUNSEL 107 EAST MADISON STREET, MSC 110 TALLAHASSEE, FLORIDA 32399 -4128 Fax Number 850- 921 -3230 Electronic mail: Miriam.Snipes @deo.myflorida.com THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. 0 FINAL ORDER NO. DEO -13 -069 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished AiLON to the persons listed below by the methods indicated this CRT day of July, 2013. Miriam Snipes,wAgency Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 Telephone: 850 -717 -8531 By U.S. Mail The Honorable George Neugent Mayor, Monroe County 500 Whitehead Street Key West, FL 33040 Amy Heavilin Clerk to the Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Christine Hurley, Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 By Hand Deliver or Interagency Rebecca Jetton, ACSC Administrator, DEO Tallahassee Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee E