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Item R3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 16, 2013 Division: growth Management Bulk Item: Yes No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley --- 2 S 9-25 00 AGENDA ITEM WORDING: A public hearing to consider an Ordinance to amend Section 114-67(c) of the Monroe County Code in order to modify the off-street parking requirements. ITEM BACKGROUND: Pursuant to Section 114-66 of the Monroe County Code, the purpose and intent of the parking and loading regulations is to provide adequate off-street parking and loading areas to serve the majority of traffic generated by development. The purposes of the proposed amendment are: • To revise the regulations concerning the mobile home parking standards to be consistent with recently approved changes to the multi -family residential parking standard. The regulations would be modified to the following: o For mobile home parks: 2.0 spaces per each mobile home. • To revise the regulations concerning eating and drinking establishments to base the required amount of parking on seating rather than floor area. The regulations would be modified to the following: o For areas devoted to food/beverage service, 1.0 space per 3 seats or 3.0 spaces per 1,000 sq. ft. of nonresidential floor area, whichever total amount is higher. o For other areas, 3.0 spaces per 1,000 sq. ft. of nonresidential floor area within the building separate from the seating area and devoted to activities other than food/beverage service (including, but not limited to, kitchen, office, retail sales not related to food or beverage, and enclosed storage areas). • To establish a standard for gasoline/service stations. The regulations would be modified to the following: o 4.0 spaces per 1,000 sq. ft. of nonresidential floor area within the building and 1.4 space per each fueling station (such space may also serve as the space for the vehicle in which a fuel pump serves) • To revise ambiguous language used throughout the subsection. During a regularly scheduled meeting held on August 28, 2012, the DRC reviewed the subject request and recommended approval to the BOCC. During a regularly scheduled meeting held on November 14 2012, the Planning Commission reviewed the subject request and recommended approval to the BDCC. PREVIOUS RELEVANT BDCC ACTION: To satisfy the direction provided within Monroe County Comprehensive Plan Policy 301.8.2, the County established Article III, Parking and Loading, within Chapter 114 of the Land Development Code. Within the article, MCC § 114-67(c) provides the required off-street parking for specific use categories. Since its establishment, MCC §114-67 has been amended via Ordinances #042-2003, #035-2005 and #013- 2011. In 2011, the BDCC approved Ordinance #013-2011 to increase the required amount of off-street parking spaces for multi- family developments. It was determined that the previous standard of 1.5 spaces per dwelling unit did not consider the intensity that each dwelling unit actually has in terms of family size or number of bedrooms. CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMIENDATION& Staff recommends approval. TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # � y MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to he 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: Joseph Haberman, AICP, Planning & Development Review Manager Date: December 21, 2012 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114- 67(C), REQUIRED OFF-STREET PARKING, TO REVISE THE MINIMUM REQUIRED NUMBER OF PARKING SPACES FOR SINGLE-FAMILY DWELLING UNITS, MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS (RESTAURANTS), AND GASOLINEISER VICE STATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,' PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Meeting: January 16, 2013 1 2 I RE UEST 3 4 The Planning & Environmental Resources Department is proposing amendments to the text 5 of § 114-67(c) of the Monroe County Code. The purposes of the proposed amendment are a 5 to revise the mobile home parking standards to be consistent with recently approved changes 7 to the multi -family residential parking standard, b} to revise the regulations concerning eaten 8 and drinking establishments to base the required amount of parking on seating rather than 9 floor area; c} to establish a parking standard for gasoline/service stations; and d} to revise 10 ambiguous and inconsistent language used throughout the subsection. 11 12 II RELEVANT PRIOR COUNTY ACTIONS AND BACKGROUND INFORMATION: 13 14 Policy 3 01.8.2 of the Monroe County Comprehensive Plan: 15 15 By January 4, 1997, Monroe County shall adopt revisions to the Land Development 17 Regulations to include guidelines and criteria consistent with nationally -recognized 18 standards which provide for safe and convenient on -site traffic flow, adequate pedestrian 19 ways and sidewalks, as well as sufficient on -site parking for both motorized and non- 20 motorized vehicles. 21 Page 1 of 6 (File #2012-109) I To satisfy the direction provided within Policy 301.8.2, the County established Article III, 2 Parking and Loading, within Chapter 114 of the Land Development Code. Pursuant to MCC 3 § 114-66, the purpose and intent of this article is to provide adequate off-street parking and 4 loading areas to serve the majority of traffic generated by development. 5 6 Within the article, MCC § 114-67(c) provides the required off-street parking for specific use 7 categories. Since its establishment, MCC § 114-67 has been amended via Ordinances #042- 8 200313 #03 5 -2005 and #013 -2011. 9 10 During a regularly scheduled meeting held on August 28, 2012, the Development Review 11 Committee reviewed the subject request and recommended approval to the BOCC. 12 13 During a regularly scheduled meeting held on November 14, 2012, the Planning Commission 14 reviewed the subject request and recommended approval to the BOCC. 15 16 III REVIEW 17 18 The purposes of the proposed amendment are: 19 20 a) To revise the regulations concerning the mobile home parking standards to be consistent 21 with recently approved changes to the multi -family residential parking standard: 22 23 In 2011, the BOCC approved Ordinance #0 13 -2 0 11 to increase the required amount of 24 off-street parking spaces for multi -family developments. It was determined that the 25 previous standard of 1.5 spaces per dwelling unit did not consider the intensity that each 26 dwelling unit actually has in terms of family size or number of bedrooms. This a shared 27 issue with mobile homes in mobile home parks, which currently have a standard of 1.0 28 space per pad. 29 30 For multi -family developments, the BOCC approved an increased standard of 2.0 spaces 31 per each 1-bedroom dwelling unit, 2.0 spaces per each 2-bedroom dwelling unit and 3.0 32 spaces per each 3 or more bedroom dwelling unit. Consistent with this past approval, 33 staff is recommending that the BOCC approve an increased standard of 2.0 spaces per 34 each mobile home located in a mobile home park without individual lots/parcels. 35 36 The current regulations are not always proportionate to the number of residents for each 37 dwelling and visitors. In many residential areas, the solution adopted by residents has 38 been to park or store vehicles on open space areas not approved for parking, public 39 rights -of -way, or neighboring properties. The aim of this text amendment is to introduce 40 parking requirements that are more proportionate to the size and occupancy of the 41 dwelling unit. 42 43 NOTE: Property owners shall continue to have the option to request a variance to the off- 44 street parking requirements pursuant to MCC § 1 02-186. In addition, an existing property 45 that does not meet the new standard would only become nonconforming, not unlawful. 46 Page 2 of 6 (File #2012-109) 1 b) To revise the regulations concerning eating and drinking establishments to base the 2 required amount of parking on seating rather than floor area: 3 4 Over the past few years, owners of several restaurants have requested approvals to 5 construct additional floor area and/or outdoor seating areas. Many of these owners had to 6 request variances to the parking requirements to allow the additional floor area and/or 7 outdoor seating areas. Other owners had to abandon their plans as sufficient areas for 8 parking was unavailable. 9 10 In addition, while reviewing permit applications for improvements that would not require 11 additional parking, staff has found that most existing restaurants do not meet the current 12 standards; however provide an adequate amount of parking for their customers. 13 14 Since 2000, the County has approved the following off-street parking variance 15 applications for developments containing restaurants and bars. Each of the applicants 16 asserted that the standards were excessive in their circumstance and consequently created 17 a hardship. All were approved: 18 19 • Knucklehead's (2002), 55 to 34, Planning Commission Resolution #P03-02 (File 20 #21077) 21 • Gilbert's Resort &Marina (2005), 124 to 104, Planning Commission Resolution 22 010-05 (File #25030) 23 • Parrotdise Waterfront Bar &Grille (2007), 87 to 75, Planning Commission 24 Resolution #P65-07 (File #27108) 25 • Playa Cristal(2007), 158 to 147, Planning Commission Resolution #P39-07 (File 26 #27060) 27 • Riesi Pizza (2011), 55 to 48, #AV 11-05 (File #2011-042) 28 29 Staff is proposing that the requirement be amended to create a new standard of 1.0 space 30 per 3 approved seats and 3.0 spaces per 1,000 SF for areas not related to seating or 31 service. This standard is based on that currently required by Marathon and Key Colony 32 Beach. In addition, as retail and restaurant are interchangeable forms of commercial 33 retail, staff is also proposing that there be a minimum standard of 3.0 spaces per 1,000 SF 34 of floor area regardless of seating. This would ensure that a conforming and adequate 35 amount of parking would be available in the event that a building is converted from 36 restaurant to retail. 37 38 NOTE: Property owners shall continue to have the option to request a variance to the off- 39 street parking requirements pursuant to MCC §102-186. In addition, an existing property 40 that does not meet the new standard would only become nonconforming, not unlawful. 41 42 c) To establish a standard for gasoline/service stations: 43 44 Over the past few years, owners of several gasoline/service stations have requested 45 approvals to construct additional fueling stations. There is not a standard in MCC § 114- 46 67(c) for such a use and the amount of parking (and minimum dimensions of such Page 3 of 6 (File #2012-109) 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 spaces) was thereby determined by interpretation of the Senior Director of Planning & Environmental Resources. Staff is recommending that the BOCC approve and codify that interpretation — 1.0 space per each fueling station. Such spaces adjacent to fueling stations would have to be designed to the codified dimensional requirements in MCC §114-67(b), at least 18' in length by at least 8'6" in width. NOTE: Property owners shall continue to have the option to request a variance to the off- street parking requirements pursuant to MCC §102-186. In addition, an existing property that does not meet the new standard would only become nonconforming, not unlawful. d) To revise ambiguous language used throughout the subsection. Staff is proposing that several terms be revised to reflect language and definitions within other sections of the Land Development Code (i.e. "pad" is not a defined term, while mobile home and RV space are defined terms). Parking should be based upon defined units of measurement wherever possible. Therefore, staff recommends the following changes (Deletions are she-ic��� and additions are underlined. Text to remain the same is in black): Sec.114-67. Required off-street parking. (c) Required number of off-street parking spaces. The following is the number of parking snares to be provided for each uses Speci is Use Category Minimum Required Number of parking spaces per Indicated Unit of Measure Single-family dwelling units, 2.0 spaces per dwelling unit or mobile home including mobile homes on individual lots or parcels Multifamily residential ' , developments ' 2.0 s aces er each 1-bedroom dwellin unit- 2.0 spaces per each 2-bedroom dwelling unit- and 3.0 spaces per each 3 or more bedroom dwelling -unit Mobile home parks 2.0 spaces _per each mobile home ....._. ...,. Commercial retail except as 3.0 spaces per 1,000 sq. ft. of nonresidential floor area otherwise specified �w in this within the buildin and 1.5 spaces table per 1,000 sq. ft. of �e i -f]..QE)f area devoted to outdoor retail sales ' Eating and drinking establishments, ' such as restaurants and bars , . Page 4 of 6 (File #2412-149) fiffle,"a For areas devoted to food/beverage service, 1.0 space per 3 seats or 3.0 spaces per 1 �oo0_sq.. ft. of nonresidential floor area whichever total amount is hi her. For other areas-,--3.0 s aces er 1,000 sq. ft. of nonresidential floor area within the building separate from the seating area and devoted to activities other than foodlbevera a service lncludln but not limited to kitchen office retail sales not related to food or beverage., and enclosed storage areas . Convenience stores/markets 4.0 spaces per 1,000 sq. ft. of nonresidential floor area within the buildin Gasoline/service stations 4.0s aces per 1,000 sq. ft. of nonresidential floor area within the building and 1.0 space pgr each fueling station such space may also serve as the space for the vehicle in which a fuel pump servesj Commercial recreation (indoor)., 5.0 spaces per 1,000 sq. ft. of nonresidential excludina theaters, conference floor area within building centers and activity centers Commercial recreation (outdoor) 5.0 spaces per 1,000 sq. ft. of the parcel that is direr 13 devoted to the outdoor recreational activity, excluding areas used for parking and driveways, required yards and required landscaping and buffer areas Theaters, conference centers, or 1.0 space per 3.0 actual seats or based on seating activity centers capacity Offices 3.0 spaces per 1,000 sq. ft. of nonresidential floor_ area within the building Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of nonresidential floor area within the building RV parks 1.0 space per teach RV. space Hotels/destination resorts . 1.0 space per each, I, -bedroom transient dwelling unit and 1.0 space plus 0.5 space for each additional bedroom per each 2 or more bedroom transient dwelling unit Industrial uses, excluding mini- 2. o spaces per I o0o sq. ft. of, nonresidential , floor area warehouses/self-storage centers' within bulldln repair and or servicini4 of vehicles and warehousing Mini-warehouses/self-storage center 3.0 spaces for the office use plus a parking aisle of 10 feet in width ad acent the storage unit access doors if Page 5 of 6 (File #2012-109) outside access to the storage units is provided Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per 1000 sq. ft. of }nonresidential floor area within building, whichever is greater, the service/repair bays shall not be counted as parking spaces Warehousing 1.0 space per 1,000 sq. ft.nonresidential floor area within the building Hospitals 1.8 spaces per bed Churches 0.3 space per seat and/or 0.3 space per 24 inches for pews Live -aboard 1.5 spaces per berth Marinas and commercial fishing 1.0 space per berth plus one space per four dry storage facilities racks Charter/guide boats, six or fewer 2.0 spaces per berth passengers capacity Party and charter/guide boats, more 0.3 space per passenger capacity of vessel than six passengers capacity Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of 14 feet by 55 feet, to accommodate trailers and oversized vehicles 1 2 3 4 IV RECOMMENDATION 5 6 Staff has found that the proposed text amendment would be consistent with the provisions of 7 §102-158(d)(5)(b)--b 1. Changed projections (e.g., regarding public service needs) from those 8 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding 9 demographic trends); 3. Data errors, including errors in mapping, vegetative types and 10 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for 11 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that 12 the proposed text amendments are necessary due to a recognition of a need for additional 13 detail or comprehensiveness. 14 15 Staff recommends that the Board of County Commissioners amend the Monroe County Code 16 as stated in the text of this staff report. Page 6 of 6 (File #2012-109) .0 A �IM-W r MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO, - 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114-67(C), REQUIRED OFF-STREET PARKING, TO REVISE THE MINIMUM REQUIRED NUMBER OF PARKING SPACES FOR SINGLE-FAMILY DWELLING UNITS, MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS (RESTAURANTS), AND GASOLINEISERVICE STATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purposes of the proposed amendment are a) to revise the regulations concerning the single-family residential dwelling unit and mobile home parking standards to be consistent with recently approved changes to the multi -family residential parking standard, b) to revise the regulations concerning eating and drinking establishments to base the required amount of parking on seating rather than floor area; c) to establish a parking standard for gasoline/service stations; and d) to revise ambiguous and inconsistent language used throughout the subsection; and WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, during a regularly scheduled public hearing held on November 14s 2012, the Monroe County Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Monroe County Code shall be amended as follows (deletions are s+"-:P-lr-an thrau-1- and additions are underlined): Sec.114-67. Required off-street parking. Pagel of 5 (c) Required number of off-street parking spaces. The following is the number of parking ---_spaces to be provided for each use: Specific Use Category Minimum Required Number of Parking Spaces Per Indicated Unit of Measure Single-family dwelling units, including mobile homes on 2.0 spaces per each 1-bedroom dwelling unit• 2.0 individual lots or parcels spaces per each 2-bedroom dwelling unit• and 3.0 spaces per each 3 or more bedroom dwelling unit Multifamily residential ���� or 3 -Pa� a�»i'* a 2 ,j.s„�a�;va s. � developments 2.0 spaces per each 1-bedroom dwelling unit; 2.0 spaces per each 2-bedroom dwelling unit• and 3.0 spaces per each 3 or more bedroom dwelling unit Mobile home parks 'Fw2.0 spaces per each mobile home Commercial retail except as 3.0 spaces per 1,000 sq. ft. of nonresidential floor area otherwise specified in this within the building and 1.5 spaces table per 1,000 sq. ft. of area devoted to outdoor retail sales Eating and drinking establishments, ' ^ ^ � �� �-- 1 nnn Q a ,.C,,,,;,,,,��:,,, �,.,�.. „ " z.v .�yuvv� � such as restaurants and bars -�a � � ,1 nnn ft „�c„m,,..,,,e,.e,, yea For areas devoted to food/beverage service 1.0 space per 3 seats or 3.0 spaces per 1,000 sq ft of nonresidential floor area, whichever total amount is hi er. For other areas 3.0 spaces per 1.000 sq ft of nonresidential floor area within the buildiniz separate from the seating area and devoted to activities other than foodlbeverage service (including, but not limited to, kitchen, office, retail sales not related to food or beverage, and enclosed storage areas ). Convenience stores/markets 4.0 spaces per 1,000 sq. ft. of �€�} nonresidential floor area within the building Gasoline/service stations 4.0 spaces per 1.000 sq. ft. of nonresidential floor area within the building and 1.0 space per each fueling station (such s acp e may also serve as the space for the vehicle in which a fuel pump serves) Commercial recreation (indoor), 5.0 spaces per 1,000 sq. ft. of nonresidential excluding theaters, conference floor area within building Page 2 of 5 centers and activitv centers Commercial recreation (outdoor) 5.0 spaces per 1,000 sq. ft. of the parcel that is direct/ devoted to the outdoor recreational activity, excluding areas used for parking and driveways, required yards and required landscaping and buffer areas Theaters, conference centers, or 1.0 space per 3.0 actual seats or based on seating activity centers capacity Offices 3.0 spaces per 1,000 sq. ft. of nonresidential floor area within the building Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of nonresidential floor area within the buildin RV parks 1.0 space per beach RV s ace Hotels/destination resorts 1.0 space er each 1-bedroom transient dwelling unit and 1.0 s ace Wus 0.5 s ace for each additional bedroom mr each 2 or more bedroom transient dwelling unit Industrial uses • excluding mini- 2.0 maces mr 1.000 sq. ft. of nonresidential floor area warehouses/self-storage centers; within building repair and or servicing. of vehicles; and warehousing Mini -warehouses/self=storage center 3.0 spaces for the office use plus a parking aisle of 10 feet in width ad0acent the storage unit access doors if outside access to the storage units is provided Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per 1000 sq. ft. of nonresidential floor area within buildinia, whichever is greater, the service/repair bays shall not be counted as parking spaces Warehousing 1.0 space per 1,000 sq. ft. nonresidential floor area within the building Hospitals 1.8 spaces per bed Churches 0.3 space per seat and/or 0.3 space per 24 inches for pews Live -aboard 1.5 spaces per berth Marinas and commercial fishing 1.0 space per berth plus one space per four dry storage facilities racks Charter/guide boats, six or fewer I2.0 spaces per berth passengers capacity Page 3 of 5 Party and charter/guide boats, more 0.3 space per passenger capacity of vessel than six passengers capacity Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of 14 feet by 55 feet, to accommodate trailers and oversized vehicles 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 marring system of the Code. Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. This ordinance applies to any applicable application submitted after the effective date. Page 4 of 5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a regular meeting held on the day of 52013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy Commissioner David Rice Attest: Amy Heavilin, Clerk CA Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m Mayor George Neugent MONR C UNTY ATMRNEY P 0 0ASTORM Date: Page 5of5 MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION NO, P42-12 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOM 4ENDING APPROVAL OF THE REQUEST BY THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114-67(C), REQUIRED OFF-STREET PARKING, TO REVISE THE MINIMUM REQUIRED NUMBER OF PARKING SPACES FOR SINGLE-FAMILY DWELLING UNITS, MOBILE HOMES, EATING AND DRINKING ESTABLIS S (RESTAURANTS), AND GASOLINEISERVICE STATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during a scheduled public meeting held on November 14, 2012, the Monroe County PI Commission conducted a review and consideration of a request filed by the Planning & Environmental Resources Department for a text amendment to § 114-67(c) of the Monroe County Code; and WHEREAS, the purposes of the proposed amendment are a) to revise the regulations concerning the single-family residential dwelling unit and mobile home parking standards to be consistent with recently approved changes to the multi -family residential parking standard, b) to revise the regulations concerning eating and drinking establishments to base the required amount of parking on seating rather than floor area; c) to establish a parking standard for gasoline/service stations; and d) to revise ambiguous and inconsistent language used throughout the subsection; and W]HEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County Development Review Committee reviewed the ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, the Planning Commission was presented with the following documents and other information relevant to the request, which by reference is hereby incorporated as part of the record of said hearing: Resolution #P42-12 File #20 1 2-109 Page 1 of 6 1. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review Manager, dated November 14, 2012; and 2. D f 1 Ordinance; and 3. Sworn testimony of Monroe County Planning & Environmental Resources Department staff; and 4. Advice and counsel of Susan Gri,msley and Steve Williams, Assistant County Attorneys, and John Wolfe, PI ' Commission Counsel; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: 1. Text amendments to the Monroe County Code shall not be inconsistent with the provisions and intent of the Monroe County Comprehensive Plan; and 2. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be met for a text amendment: a. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; and/or b. Changed assumptions (e.g., regarding demographic trends); and/or c. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; and/or d. New issues; and/or e. Recognition of a need for additional detail or comprehensiveness; and/or f. Data updates; and/or g. For FLUM changes, the principles for guiding development as defined in the Florida Statutes relating to changes to the comprehensive plan; and 3. Text amendments to the Monroe County Code shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Conclusions of Law: 1. The proposed text amendment is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 2. The proposed text amendment is consistent with the provisions and intent of the Monroe County Code. Specifically, the proposed text amendment meets the standards for text amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code, specifically, due to recognition of a need for additional detail or comprehensiveness. Resolution #P42-12 File #2012-109 Page 2 of 6 3. The proposed text amendment is not inconsistent with any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING CONIlVIIS5ION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend approval to the Board of County Commissioners of the following text amendment: Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are s�el� and additions are underlined . PASSED AND ADOPTED BY THE PLANNING COMNIISSION of Monroe County, Florida, at a meeting held on the 15t' of November, 2012. Chair Werling YES Vice -Char Wall YES Commissioner Hale YES Commissioner Lustberg YES Commissioner Wiatt YES PLANNING CO SSION OF MO OE COUNTY, FLORIDA BY Denise Werling, Chair Signed this 8 _day of P�o,� .2012. A40MR U 'Q,RNEY APP FORK! Otte: Resolution 042,12 File #2412-109 FlyWM4 THE NOV 2 8 2012 AGENCY CLERK Page 3 of 6 Exhibit A See.114-67. Required off-street parking. (c) Required number of off-street parking spaces. The following is the number of parking to be provided for each use: Specific Use Category Minimum Required Number of Parking Spaces Per Indicated Unit of Measure Single-family dwelling units, • including mobile homes on 2.ftwAs t)eeach 1-bedroom dwelling unit' 2.0 individual lots or parcels l _o s per each 2-bedroom dwelling unit; and 3.0 gpMs Der each 3 or more hgdjpom dwellin&unit Multifamily residential rjrit: developments • 2.0 s aces er each 1-bedroom dwellina unit.-- 2.0 spaces per each 2-bedroom, dwellin . unit-, and 3.4 goos lier each 3 or more bedroom dwelling unit Mobile home parks 2.0 aces er each mobile home Commercial retail except as 3.0 spaces per 1,000 sq. t. of nonresidential floor area otherwise specified in his within the buildin and 1.5 spaces table per 1,000 sq. t. of area devoted to outdoor retail sales ' jrAlmaj Eating and drinking establishments . . . such as restaurants and bars . am For areas devoted to foodlbeve a service 1.0 space ' r..3.,.seats or 3.0 spaces per �1„s00O s . f1. of nonresidential floor area. whichever is total amount is hivIler. For other areas 3.0 gpaces per 1,000 4. t. of nonresidential floor area within the building separate from the s=jW area and devoted to activities other Om food/beveraRe service _tncludingbut-not limited to, kitchen. office. retail sales not, related to food or beverage and sto e . Convenience stores/markets 4.0 spaces per 1,000 sq. t, of �}- nonresidential floor area within the buildin& GasolineLservice stations 4.0 spaces pqr 1,000 s . t. of nonresidential floor area within the buildinp. and 1.0 s ,Meper each fuelipg station (such space ma sp also serve as the ace for the Resolution #P42-12 File #2012-109 Page 4 of 6 vehicle in which a fuel um serves Commercial recreation (indoor)., 5.0 spaces per 1,000 sq. f 1. of nonresidential excluding theaters conference floor area within building centers d activitv centers Commercial recreation (outdoor) 5.0 spaces per 1,000 sq. f1, of the parcel that is direct/ devoted to the outdoor recreational activity, excluding areas used for parking and driveways, required yards and required landscaping and buffer areas Theaters, conference centers, or activity centers 1.0 space per 3.0 actual seats or based on seating capacity Offices 3.0 spaces per 1,000 sq. t, of nonresidenti floor area within the buiWing Medical and dental cluucs 4.0 spaces per 1,000 sq. ft. of lav&l nonresidentiai floor area within the buildLng RV parks 1.0 space per h RV space Hotels/destination resorts . 1.0 space per each 1-bedroom transient dwelling unit and 1.0 space plus 0.5 - space for each additional bedroom pgr each 2 or more bedroom transient dwelling unit Industrial uses excludin mini- 2.0 spaces per 1,000 N. f1. of nonresidential floor area within buildin warehouses/self-storage centers: re air and or servicine of vehicles; and ware _Ausmg Mu" u" warehouses/self storage center 3.0 spaces for the office use plus a parking aisle of 10 feet in width adjacent the storage unit access doors if outside access to the storage units is provided ■ r Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per 1000 sq. ft. of (amixal nonresidential floor area within build in whichever is greater, the service/repair bays shall not be counted as parking spaces warehousing 1.0 space per 1,000 sq. f1. nonresidential floor area within the building _g Hospitals 1.8 spaces per bed Churches 0.3 space per seat and/or 0.3 space per 24 inches for pews Live -aboard 1.5 spaces per berth Marinas and commercial fishing 1.0 space per berth plus one space per four dry storage Resolution #P42-12 File #2012-109 Page 5 of 6 facilities racks Charter/guide boats, six or fewer 2.0 spaces per berth passengers capacity Party and charter/guide boats, more 0.3 space per passenger capacity of vessel than six passengers capacity Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of 14 feet by 55 feet, to accommodate trailers and oversized vehicles Resolution 042- 12 File #2012-109 Page 6 of MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW UOMIHITTEE RESOLUTION NO. DRC 17-12 A RESOLUTION BY THE DIRECTOR OF PLANNING AND ENVIRONMENTAL RESOURCES AND CHAIR OF THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL OF THE REQUEST BY THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114-67(c), REQUIRED OFF- STREET PARKING, TO REVISE THE MINIMUM REQUIRED NUMBER OF PARKING SPACES FOR SINGLE-FAMILY DWELLING UNITS, MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS (RESTAURANTS), ,AND GASOLINEISERVICE STATIONS; PROVIDING FOR SEV ERABILITY; 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, during a regularly scheduled meeting held on August 28, 2012, the Development Review Committee (DRC) of Monroe County conducted a review and consideration of a request filed by the Planning & Environmental Resources Department for text amendments to § 114-67(c) of the Monroe County Code; and WHEREAS, the Planning & Environmental Resources Department is proposing amendments to the text of § 11 4-67(c) of the Monroe County Code. The purposes of the proposed amendment are a.) to revise the regulations concerning the single-family residential dwelling unit and mobile home parking standards to be consistent with recently approved changes to the multi- family residential parking standard, b) to revise the regulations concerning eating and drinking establishments to reduce the required amount of parking for areas not devoted to seating and food/beverage service; c) to establish a parking standard for gasoline/service stations; and d) to revise ambiguous and inconsistent language used throughout the subsection; and Resolution # DRC 17- 12 File #2012-109 Page 1 of 2 WHEREAS, based upon the information and documentation submitted, the Development Review Committee Chair and Senior Director of PI & Environmental Resources found: 1. The proposed tent amendments are consistent vvith the provisions and intent of the Monroe County Comprehensive Plan; and 2. The proposed text amendments are consistent with the provisions and intent of the Monroe County Code; and 3. The proposed text amendments are not inconsistent with any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the information provided in the staff report and discussed at the August 29, 2012 meeting supports the Chair's decision to recommend approval to the Planning Con nission and Board of County Commissioners with revisions as discussed at the meeting. Date Z0,. Tovcrosley b, D ve apment Review Committee Chair and Senior Directerof Planning and Environmental Resources I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me the she executed the same. WITLESS m 1hand and official seal in the County and State last aforesaid this llk day of 2012. Resolution # DRC 17- 1 2 File #20 l 2- I D9 W. NOTA Y PUBLIC-. STATE FLORiDA • My Comm. Epka On fe. 2414 Comm aslan 0 EE 4061 Bonded through INWO Ill ny Am. Page 2 of .2