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Item S3S.3 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: S.3 Agenda Item Summary #4888 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 3:00 PM PUBLIC HEARING AGENDA ITEM WORDING: A public hearing regarding an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) and Native Area (NA) to Mixed Use (MU), for property located at 26351 Old State Road 4A, Ramrod Key, as proposed by Ana Hubicki, Esq. on behalf of Rudolph and Roseann Krause Trustees (File 2018-014). ITEM BACKGROUND: On January 26, 2018, the Planning and Environmental Resources Department received an application from Ana Hubicki, Esq. on behalf of Rudolph and Roseann e Land Use District (Zoning) Map from Sparsely Settled (SS) and Native Area (NA) to Mixed Use (MU) for property located at 26351 Old State Road on Ramrod Key. Existing Zoning Map Designation Proposed Zoning Map Designation The current Zoning designation of the subject property (SS, NA, SC) is therefore inconsistent with the current FLUM designation of the subject property and with Policy 107.1.2 of the Comprehensive Plan. The proposed Zoning map amendment is necessary to be consistent with the existing FLUM designation and Comprehensive Plan Policy 107.1.2 Ramrod Key Mixed Use Area Packet Pg. 1934 S.3 1. Florida Statute Sections 163.3194 and 163.3201 require land development regulations to be consistent with and implement the Comprehensive Plan. The proposed zoning amendment with the adopted Subarea Policy 107.1.2 Ramrod Mixed Use Area 1 would result in an increase of three (3) dwelling units in residential development potential for market rate units; a decrease of 110 rooms/spaces in development potential for transient units; an increase of five (5) dwelling units in affordable residential development potential; and an increase in nonresidential development potential of 119,368 square feet. The proposed LUD map amendment is consistent with the Monroe County Land Development Code Section 102-158(d)(5)b, specifically with factors: 4. New issues and 6. Data Updates. PREVIOUS RELEVANT BOCC ACTION: On October 20, 2010, the BOCC also adopted Ordinance 029-2010, amending the FLUM designation of the subject property from Residential Conservation (RC), Agriculture/Aquaculture (A), and Mixed Use/Commercial (MC), to Residential Conservation (RC) and Mixed Use/Commercial (MC), consistent with Policy 107.1.2. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2018-014_BOCC_SR Ex.1_Table_of_Uses_by_ZD Ex.2_PC.Reso_P28-18 Ordinance FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A Packet Pg. 1935 S.3 County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 10/31/2018 11:35 AM Steve Williams Completed 10/31/2018 12:23 PM Maureen Proffitt Completed 10/31/2018 1:49 PM Assistant County Administrator Christine Hurley Completed 11/01/2018 11:45 AM Budget and Finance Completed 11/01/2018 3:10 PM Maria Slavik Completed 11/02/2018 7:35 AM Emily Schemper Completed 11/05/2018 12:56 PM Kathy Peters Completed 11/05/2018 3:18 PM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 1936 S.3.a 1 2 3 4MEMORANDUM 5M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT 6We strive to be caring, professional and fair 7 8 9To: Monroe County Board of County Commissioners 10 11Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental 12Resources 13 14From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 15 16Date: October 26, 2018 17 18Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 19Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) and Native 20Area (NA) to Mixed Use (MU), for property located at 26351 Old State Road 4A, Ramrod 21Key, having Parcel ID 00114150-000000 & 00114150-000400, as proposed by Ana 22Hubicki, Esq. on behalf of Rudolph and Roseann Krause Trustees (File 2018-014) 23 24Meeting: November 20, 2018 25 26I REQUEST 27 28On January 26, 2018, the Planning and Environmental Resources Department received an application 29to 30amend the Land Use District (Zoning) Map from Sparsely Settled (SS) and Native Area (NA) to Mixed 31Use (MU) for property located at 26351 Old State Road on Ramrod Key. 32 Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) PC Staff Report Page 1 of 17 File # 2018-014 Packet Pg. 1937 S.3.a 1 2 Existing Zoning Map Designation Proposed Zoning Map Designation 3 4IIBACKGROUND INFORMATION 5 6Site Information: 7Location: MM 26.5, Ramrod Key 8Address: 26351 Old State Road 4A 9Description: Being part of the northeast ¼ of Section 31, Township 66 south, Range 29 east 10Parcel ID: 00114150-000000 & 00114150-000400 11Owner/Applicant: Rudolph and Roseann Krause Trustees 12Size of Property: 20.72 acres per Monroe County Property Appraiser 13FLUM Designations: Mixed Use / Commercial (MC) and Residential Conservation (RC) 14Sub Area Policy: Policy 107.1.2 Ramrod Mixed Use Area 1 15Land Use Districts: Sparsely Settled (SS), Native Area (NA) and Suburban Commercial (SC) 16Tier Designation: III 17Flood Zones: AE (EL 8,9,10) and VE (EL 11) 18CBRS: No 19Existing Use: Single family residence and guest house, construction office, construction 20equipment, storage, R/V & boat storage, storage sheds, tower & associated buildings and auto 21repair shop 22Existing Vegetation/Habitat: Developed Land, Undeveloped Land, Exotic and Freshwater 23Wetland 24Community Character of Immediate Vicinity: Adjacent land uses include residential and 25nonresidential uses to the north, vacant land to the east and Niles Channel to the west. 26 Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 27The property currently has a Land Use District (Zoning) designation of Sparsely Settled (SS), Native 28Area (NA) and Suburban Commercial (SC) and a Future Land Use Map (FLUM) designation of Mixed 29Use / Commercial (MC) and Residential Conservation (RC). Additionally, the property is subject to 30site specific sub area Policy 107.1.2 Ramrod Mixed Use Area 1 which limits the uses and development 31potential to that specified within the policy. 32 PC Staff Report Page 2 of 17 File # 2018-014 Packet Pg. 1938 S.3.a 1The property was within the BU-2 and GU zoning districts prior to September 15, 1986, when it was 2given its land use district designation of Native Area (NA), Sparsely Settled (SS) and Suburban 3Commercial (SC). With the adoption of the 2010 4was given the FLUM designation of Residential Conservation (RC), Agriculture (A) and Mixed Use 5/ Commercial (MC). 6 7On October 20, 2010, the Monroe County Board of County Commissioners (BOCC) adopted 8Ordinance 028-2010, creating Goal 107, Objective 107.1 and Policy 107.1.2 of the Comprehensive 9 as follows: 10 11Policy 107.1.2 Ramrod Key Mixed Use Area 1 12Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the 13table following as Ramrod Key Mixed Use Area 1: Conservation Berm To Be Real Estate Total FLUM Acres Easement Located On Number Acreage Designation Acreage Parcel 0.79 N/A N/A Ramrod Key 00114150- 18.12 8.46 Mixed Use Area N/A X 000000 1 8.87 RC 8.87 Ramrod Key 00114150- 2.6 2.6 Mixed Use Area 0 000400 1 14And on which a concentration of non-residential uses exists, including approximately 15,325 15square feet of commercial floor area devoted to the uses listed below. 161. Storage, warehousing, and processing of equipment and materials utilized or generated in 17construction, demolition and land clearing, together with ancillary activities, including, but 18not limited to: 19a. Administrative offices. 20b. Workshops and equipment maintenance areas, outdoors and within structures. 21c. Garages and outdoor parking for construction and demolition equipment and 22machinery. Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 23d. Outdoor and covered storage and processing of demolition debris and construction 24materials. 25e. Storage buildings. 26f. Above-ground fuel tanks. 272. An antenna supporting structure with accessory building. PC Staff Report Page 3 of 17 File # 2018-014 Packet Pg. 1939 S.3.a 13. Residential uses consistent with the former RL future land use map designation and with SS 2zoning. Single family residences shall be limited to the existing (including any replacement 3thereof) and no more than four (4) additional single family residences. 44. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do 5not constitute a heavy industrial use. 6 7Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out 8below: 91. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: 10a. Recordation of a conservation easement prohibiting all development activities on the 11approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 12000000. The area to be conserved is delineated on the map below. 13b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land 14along the Westerly edge of the wetlands portion of parcel 00114150-000000 as depicted 15on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any 16permit for berm construction, Monroe County shall require submission of a stormwater 17management plan adequate to protect the wetlands portion of the parcel from degradation 18attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor 19storage, construction, and demolition activities. Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 20 21Development shall be contingent on any required coordination and/or approval from the United 22States Fish & Wildlife Service. (Ord. No. 028-2010). 23 24On October 20, 2010, the BOCC also adopted Ordinance 029-2010, amending the FLUM designation 25of the subject property from RC, A, and MC, to RC and MC, consistent with Policy 107.1.2. PC Staff Report Page 4 of 17 File # 2018-014 Packet Pg. 1940 S.3.a 1 2 3Current FLUM designations 4 5The current Zoning designation of the subject property (SS, NA, SC) is therefore inconsistent with the 6current FLUM designation of the subject property and with Policy 107.1.2 of the Comprehensive Plan. 7The proposed Zoning map amendment is necessary to be consistent with the existing FLUM 8designation and Comprehensive Plan Policy 107.1.2 Ramrod Key Mixed Use Area 1. Florida Statute 9Sections 163.3194 and 163.3201 require land development regulations to be consistent with and 10implement the Comprehensive Plan. 11 12The Applicants state that the reasons for the proposed amendment are: Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 13 14 15The Applicants full explanation and justification of the proposed amendments is included in the file 16for the application (File #2018-014). PC Staff Report Page 5 of 17 File # 2018-014 Packet Pg. 1941 S.3.a 1 2Staff has reviewed the Applicants position and supporting documentation, and concurs the requested 3identifies a data error, new issues and data updates. Staff is also reviewing the proposed amendment 4for consistency with State Statutes, Rules, internal consistency with the Comprehensive Plan and 5balancing all these items and policy issues. 6 7Community Meeting and Public Participation 8In accordance with LDC Section 102-159(a), a community meeting was held on June 28, 2018 at 5:30 9PM at the subject property to discuss the proposed Land Use District (Zoning) Map amendment to 10provide for public participation. 11 12Development Review Committee and Public Input 13At a regular meeting held on July 24, 2018, the Development Review Committee (DRC) considered 14the proposed LUD map amendment and provided for public comment. 15 16Planning Commission and Public Input 17At a regular meeting held on September 26, 2018, the Planning Commission (PC) recommended 18approval of the proposed LUD map amendment through PC Resolution P28-18 and provided for 19public comment. 20 21 22III. AMENDMENT REVIEW 23 24Maximum Allocated Density and Intensity by Land Use District (Zoning) Map Designation 25 Maximum development Adopted Existing Zoning Type potential based Standards upon density/intensity Residential .05 du per acre 4 units Allocated Density Sparsely Settled (SS) TDR/Market Rate Residential Max Net N/A 0 units Total Upland Area: Density Affordable Residential 8.26 acres N/A 0 units Max Net Density 0 rooms or Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 1.65 buildable acres Transient spaces 0 rooms/spaces (8.26 ac 0.80 open space Allocated Density /acre ratio) Nonresidential 0.20 71,961sf Maximum Intensity PC Staff Report Page 6 of 17 File # 2018-014 Packet Pg. 1942 S.3.a Residential 0.25 du/acre 0 units Allocated Density Native Area (NA) TDR/Market Rate Residential Max Net N/A 0 units Total Upland Area: 2.8 Density acres* Affordable Residential N/A 0 units Max Net Density 0.14 buildable acres 0 rooms or (2.8 ac 0.95 open space Transient spaces 0 rooms/spaces ratio) Allocated Density /acre Nonresidential 0.20 FAR 1,381 sf Maximum Intensity Development Adopted Proposed Zoning Type potential based Standards upon density Residential 1 du/ gross 11 units market Allocated Density acre** rate** Mixed Use (MU) TDR/Market Rate 12 du/ buildable 106 units market Residential Max Net acre** rate** Total Upland Area: 11.06 Density acres* (481,774 sf) Affordable Residential 18 du/buildable 159 units Max Net Density acre affordable 8.85 buildable acres Transient 10 rooms / gross (11.06 ac 0.20 open space 110 rooms/spaces Allocated Density acre ratio) Nonresidential 0.40 FAR 192,710 sf Maximum Intensity Development Proposed Zoning with Per Adopted potential based Adopted Subarea Policy Type Subarea Policy upon Subarea 107.1.2 107.1.2 Policy Density Residential Mixed Use (MU) 5 dwelling units 5 dwelling units Allocated Density TDR/Market Rate Total Upland Area: 11.06 Residential Max Net N/A N/A acres* Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) Density (481,774 sf) Affordable Residential 5 dwelling units 5 units affordable 8.85 buildable acres Max Net Density (11.06 ac 0.20 open space Transient 10 rooms / gross 0 rooms/spaces ratio) Allocated Density acre PC Staff Report Page 7 of 17 File # 2018-014 Packet Pg. 1943 S.3.a Nonresidential 0.40 FAR 192,710 sf Maximum Intensity Residential Market Rate Allocated: +8 units TDR/Market Rate Residential Max Net: +106 units Net Change in Development Affordable Residential Max Net: +159 units affordable Potential Based on Zoning Transient Allocated: +110 rooms/spaces Nonresidential: + 119,368 sf Residential Market Rate Allocated: +3 units TDR/Market Rate Residential Max Net: +5 units Net Change in Development Potential Based on Zoning Affordable Residential Max Net: +5 units affordable with Adopted Subarea Policy 107.1.2 Transient Allocated: -110 rooms/spaces Nonresidential: +119,368 sf *Per Policy 107.1.2 Ramrod Mixed Use Area 1. The subarea policy limits the maximum residential density to five (5) dwelling units. 1 2The above table provides an approximation of the development potential for residential, transient and 3commercial development. Section 130- 4intensity provisions set out in this section are intended to be applied cumulatively so that no 5development shall exceed the total density limits of this article. For example, if a development includes 6both residential and commercial development, the total gross amount of development shall not exceed 7 8 9As shown in the blue portion of the table, the proposed Zoning amendment without the existing 10Subarea Policy would result in an increase of eight (8) dwelling units in permanent allocated 11residential development potential; an increase of 106 dwelling units maximum net density residential 12potential for market rate units with the use of TDRs; an increase in 159 dwelling units of affordable 13residential development potential; an increase of 110 rooms or spaces for transient units; and a 14decrease in nonresidential development potential of 119,368 square feet. 15 16As shown in the orange portion of the table, the proposed Zoning amendment with the adopted Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 17Subarea Policy 107.1.2 Ramrod Mixed Use Area 1 would result in an increase of three (3) 18dwelling units in residential development potential for market rate units; a decrease of 110 19rooms/spaces in development potential for transient units; an increase of five (5) dwelling units 20in affordable residential development potential; and an increase in nonresidential development 21potential of 119,368 square feet. 22 PC Staff Report Page 8 of 17 File # 2018-014 Packet Pg. 1944 S.3.a 1Any proposed new residential use would be subject to the requirements of Chapter 138 of the Land 2Development Code related to the Residential Rate of Growth Ordinance (ROGO/NROGO) permit 3process. Any proposed affordable dwelling units would need to obtain a ROGO allocation (affordable 4ROGO allocations may be available) prior to issuance of a building permit. 5 6Compatibility with the Surrounding Area 7a. Existing Vegetation/Habitat: Developed Land, Undeveloped Land, Exotic and Freshwater 8Wetland 9b. Existing Tier Designation: III 10c. Number of Listed Endangered or Threatened Species: One 11d. Existing Use: Single family residence and guest house, construction office, construction 12equipment, storage, R/V & boat storage, storage sheds, tower & associated buildings and auto 13repair shop 14e. Community Character of Immediate Vicinity: Adjacent land uses include residential and 15nonresidential uses to the north, vacant land to the east and Niles Channel to the west. 16 17A table is provided as Exhibit 1 that shows the permitted, minor and major conditional uses of the 18existing zoning districts (Sparsely Settled and Native Area) and of the proposed zoning district (Mixed 19Use) for the subject property. However, the property is subject to Comprehensive Plan Policy 107.1.2 20that limits the uses on the property to the following: 21 221. Storage, warehousing, and processing of equipment and materials utilized or generated in 23construction, demolition and land clearing, together with ancillary activities, including, but 24not limited to: 25a. Administrative offices. 26b. Workshops and equipment maintenance areas, outdoors and within structures. 27c. Garages and outdoor parking for construction and demolition equipment and 28machinery. 29d. Outdoor and covered storage and processing of demolition debris and construction 30materials. 31e. Storage buildings. 32f. Above-ground fuel tanks. 332. An antenna supporting structure with accessory building. 343. Residential uses consistent with the former RL future land use map designation and with SS 35zoning. Single family residences shall be limited to the existing (including any replacement 36thereof) and no more than four (4) additional single family residences. 374. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do 38not constitute a heavy industrial use. 39 Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 40The proposed Zoning amendment is not anticipated to adversely impact the community character of 41the surrounding area. 42 43IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, 44LOWER KEYS LIVABLE COMMUNIKEYS PLAN AND THE MONROE COUNTY LAND 45DEVELOPMENT CODE PC Staff Report Page 9 of 17 File # 2018-014 Packet Pg. 1945 S.3.a 1 2A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 3County Year 2030 Comprehensive Plan, assuming the corresponding FLUM and Subarea Policy 4are adopted and become effective. Specifically, it furthers: 5 6Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 7safety of County residents and visitors, and protect valuable natural resources. 8 9Objective 101.5 10Monroe County shall regulate future development and redevelopment to maintain and enhance the 11character of the community and protect natural resources by providing for the compatible 12distribution of land uses consistent with the designations shown on the Future Land Use Map. 13 14Policy 101.5.1 15The principal purpose of the Residential Conservation (RC) future land use category is to 16encourage preservation of open space and natural resources while providing for very low-density 17residential development in areas characterized by a predominance of undisturbed native 18vegetation. Low-intensity public uses and utilities are also allowed. 19 20Policy 101.5.6 21The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide 22for the establishment of mixed use commercial land use (zoning) districts where various types of 23commercial retail and office may be permitted at intensities which are consistent with the 24community character and the natural environment. Employee housing and commercial apartments 25are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and 26conserve areas of mixed uses, which may include maritime industry, light industrial uses, 27commercial fishing, transient and permanent residential, institutional, public, and commercial 28retail uses. 29 30This future land use category is also intended to allow for the establishment of mixed use 31development patterns, where appropriate. Various types of residential and nonresidential uses may 32be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 33The County shall continue to take a proactive role in encouraging the preservation and 34enhancement of community character and recreational and commercial working waterfronts. 35 36In order to protect environmentally sensitive lands, the following development controls shall apply 37to all hammocks, pinelands, and disturbed wetlands within this land use category: 381. only low intensity commercial uses shall be allowed; Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 392. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 403. maximum net residential density shall be zero. 41 42***** 43Policy 101.5.25 PC Staff Report Page 10 of 17 File # 2018-014 Packet Pg. 1946 S.3.a 1Monroe County hereby adopts the following density and intensity standards for the future land use 2categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. 3 Future Land Use Densities and Intensities Minimum (l) Residential Nonresidential Open Space Future Land Use Category (c) Ratio Maximum Net Density (a) And Corresponding Allocated Density Maximum Intensity (a) (b) Zoning (per upland acre) (floor area ratio) (per buildable acre) 1 du 2 du (MI) (DR, MU, MI) 0.100.45 (k) 6-18 du (SC) Mixed Use/Commercial 3 du (SC) (SC, UC, DR, MU) 12 du (UC) (f)(g) (MC) 6 du (UC) (k) 1218 du (MU) (SC, UC, DR, RV, MU Commercial Apartments <2,500 SF (RV) 18 du (DR) (h) and MI zoning) (RV) 0.20 0.300.60 (MI) 1025 rooms/spaces 515 rooms/spaces Residential Conservation 00.10 du (OS) N/A (RC) 0.25 du (NA) 00.20 0.95 N/A (OS and NA zoning) 0 rooms/spaces Notes: (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the us means the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most restrictive requirement shall apply. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes. (f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed hUse/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) adjacent to the shoreline, pursuant to Policy 101.5.6. PC Staff Report Page 11 of 17 File # 2018-014 Packet Pg. 1947 S.3.a 1 2Goal 102: Monroe County shall direct future growth to lands which are most suitable for 3development and shall encourage conservation and protection of environmentally sensitive lands 4(wetlands, beach berm and tropical hardwood hammock). 5 6Policy 105.2.1 7Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean 8Reef planned development, into three general categories for purposes of its Land Acquisition 9Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three 10categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine 11Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and 12growth management approaches associated with each tier are as follows: 13 14* * * 153. Infill Area (Tier III): Any defined geographic area, where a significant portion of 16land area is not characterized as environmentally sensitive as defined by this Plan, 17except for dispersed and isolated fragments of environmentally sensitive lands of 18less than four acres in area, where existing platted subdivisions are substantially 19developed, served by complete infrastructure facilities, and within close proximity 20to established commercial areas, or where a concentration of nonresidential uses 21exists, is to be designated as an Infill Area. New development and redevelopment 22are to be highly encouraged, except within tropical hardwood hammock or pineland 23patches of an acre or more in area, where development is to be discouraged. Within 24an Infill Area are typically found: platted subdivisions with 50 percent or more 25developed lots situated in areas with few sensitive environmental features; full 26range of available public infrastructure in terms of paved roads, potable water, and 27electricity; and concentrations of commercial and other nonresidential uses within 28close proximity. In some Infill Areas, a mix of nonresidential and high-density 29residential uses (generally 8 units or more per acre) may also be found that form a 30Community Center. Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 31 32Policy 105.2.2 33Monroe County shall maintain overlay map(s) designating geographic areas of the County as one 34of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an 35overlay on the zoning map(s) with supporting text amendments in the Land Development PC Staff Report Page 12 of 17 File # 2018-014 Packet Pg. 1948 S.3.a 1Regulations. These maps are to be used to guide the Land Acquisition Program and the smart 2growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). 3 4Policy 203.1.2 5Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an 6open space buffer for development occurring adjacent to all types of wetlands except for tidally 7inundated mangrove fringes and as provided for in Policy 204.2.3, 204.2.4 and 204.2.5. If a 50- 8foot setback results in less than 2,000 square feet of principal structure footprint of reasonable 9configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure 10footprint of reasonable configuration, provided that the setback is not reduced to less than twenty- 11five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may 12be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is 13managed in accordance with County regulations approved by the County Biologist and is placed 14under conservation easement. \[§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 15§163.3177(6)d.2.j., F.S.\] 16 17Objective 107.1 18Monroe County shall coordinate land use with the elements of the Comprehensive Plan through 19Future Land Use Element subarea policies solely applicable to a specific geographic area. These 20subarea policies identify parcels of land that require narrowly-tailored regulation in order to 21confine development potential to an area or extent less than the maximum development potential 22allowed by its underlying Future Land Use Map category. The development parameters 23established for each subarea shall be based either on an inventory of uses and facilities 24established on the parcel or by data and analysis supporting the specific subarea limitations. 25Environmentally sensitive areas shall be preserved through the application of such methods as 26conservation easements that require mandatory eradication of exotic invasive vegetation. (Ord. 27No. 023-2011) 28Policy 107.1.2 Ramrod Key Mixed Use Area 1 29Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the 30table following as Ramrod Key Mixed Use Area 1: CONSERVATION BERM TO BE REAL ESTATE TOTAL FLUM ACRES EASEMENT LOCATED ON NUMBER ACREAGE DESIGNATION ACREAGE PARCEL 0.79 N/A N/A Ramrod Key 00114150-000000 18.12 8.46 Mixed Use Area N/A x Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 1 8.87 RC 8.87 Ramrod Key 00114150-000400 2.6 2.6 Mixed Use Area 0 1 PC Staff Report Page 13 of 17 File # 2018-014 Packet Pg. 1949 S.3.a 1 And on which a concentration of non-residential uses exists, including approximately 15,325 2square feet of commercial floor area devoted to the uses listed below. 35. Storage, warehousing, and processing of equipment and materials utilized or generated in 4construction, demolition and land clearing, together with ancillary activities, including, but 5not limited to: 6a. Administrative offices. 7b. Workshops and equipment maintenance areas, outdoors and within structures. 8c. Garages and outdoor parking for construction and demolition equipment and 9machinery. 10d. Outdoor and covered storage and processing of demolition debris and construction 11materials. 12e. Storage buildings. 13f. Above-ground fuel tanks. 146. An antenna supporting structure with accessory building. 157. Residential uses consistent with the former RL future land use map designation and with SS 16zoning. Single family residences shall be limited to the existing (including any replacement 17thereof) and no more than four (4) additional single family residences. 188. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do 19not constitute a heavy industrial use. 20 21Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out 22below: 232. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: 24a. Recordation of a conservation easement prohibiting all development activities on the 25approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 26000000. The area to be conserved is delineated on the map below. 27b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land 28along the Westerly edge of the wetlands portion of parcel 00114150-000000 as depicted 29on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any 30permit for berm construction, Monroe County shall require submission of a stormwater 31management plan adequate to protect the wetlands portion of the parcel from degradation 32attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor 33storage, construction, and demolition activities. Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) PC Staff Report Page 14 of 17 File # 2018-014 Packet Pg. 1950 S.3.a 1 23. Development shall be contingent on any required coordination and/or approval from the 3United States Fish & Wildlife Service. (Ord. No. 028-2010). 4 5 6B. The proposed amendment is consistent with the Lower Keys Livable Communikeys Plan. 7Specifically, it furthers: 8 9Objective 1.2 10Monroe County shall continue to use the Land Use District Map and Future Land Use Map 11categories to regulate land use by type, density, and intensity. 12 13Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use 14districts as the primary regulatory tools for evaluating development proposals. 15 16Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State 17Critical Concern and height restriction policies specified within the Monroe County 18Comprehensive Plan and the Monroe County Land Development Code. 19 Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 20 21C. The proposed amendment is consistent with the provisions and intent of the Monroe County 22Code Land Development Code. 23 24In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an ordinance 25enacting the proposed change based on one or more of the following factors: 26 PC Staff Report Page 15 of 17 File # 2018-014 Packet Pg. 1951 S.3.a 11. Changed projections (e.g., regarding public service needs) from those on which the text of 2boundary was based; 3 4Per the Applicants: N/A. 5 62. Changed assumptions (e.g., regarding demographic trends); 7 8Per the Applicants: N/A. 9 103. Data errors, including errors in mapping, vegetative types and natural features described 11in Volume I of the plan; 12 13Per the Applicants: 14 15 164. New issues; 17 18Per the Applicants: 19Use Map. To resolved the conflict a portion of Parcel RE # 00114150-000000 (8.46 acres) should 20be amended from SS and NA to MU and all of # 00114150-000400 (2.6 acres) should be amended 21 22 23 24 25The proposed Zoning map amendment is necessary to be consistent with the existing FLUM 26designation and Comprehensive Plan Policy 107.1.2 Ramrod Key Mixed Use Area 1. Florida 27Statute Sections 163.3194 and 163.3201, require land development regulations to be consistent Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) 28with and implement the Comprehensive Plan. 29 305. Recognition of a need for additional detail or comprehensiveness; or 31 32Not applicable. 33 PC Staff Report Page 16 of 17 File # 2018-014 Packet Pg. 1952 S.3.a 16. Data updates. 2 3Per the Applicants: 4and amended to Mixed Use Commercial. We are no requesting the Land Use District (zoning) 5Map to be updated and consistent as required by Florida Statutes 163.3194, 163.3202 and 6163.3177. 7 8The proposed Zoning map amendment is necessary to be consistent with the existing FLUM 9designation and Comprehensive Plan Policy 107.1.2 Ramrod Key Mixed Use Area 1. Florida 10Statute Sections 163.3194 and 163.3201, require land development regulations to be consistent 11with and implement the Comprehensive Plan. 12 13In accordance with MCC §102-158(d)(5)c., in no event shall an amendment be approved which 14will result in an adverse community change to the planning area in which the proposed 15development is located or to any area in accordance with a livable communikeys master plan 16pursuant to findings of the board of county commissioners. 17 18Per the Applicants: ot change current use of Property. All current 19 20have no effects on development potential, compatibility with the surrounding areas, natural resource, 21public facil 22 23The principal use of the property will remain as mixed use and is not anticipated to result in an adverse 24community change to the planning area in which the property is located. 25 26 27V. RECOMMENDATION 28 29Staff recommends approval of the proposed Zoning amendment from Sparsely Settled (SS) and Native 30Area (NA) to Mixed Use (MU). 31 32 33VI. EXHIBITS 34 351. Table of Permitted, Minor and Conditional Uses by Zoning District 362. PC Resolution P28-18 Attachment: 2018-014_BOCC_SR (Land Use District (Zoning) Map Amendment - Krause) PC Staff Report Page 17 of 17 File # 2018-014 Packet Pg. 1953 Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1954 involving less than six 88. Mixed Use District (MU). - Proposed Land Use (Zoning) District Sec. 130 (1) Detached dwellings; (2) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of less than 2,500 square feet of floor area; (3) Institutional residential uses, involving less than ten dwelling units or rooms; (4) Commercial apartmentsdwelling units, but tourist housing use, including vacation rental use, of commercial apartments is prohibited; (5) Commercial recreational uses limited to: a. Bowling alleys; b. Tennis and racquet ball courts; c. Miniature golf and driving ranges; d. Theaters; e. Health clubs; and f. Swimming pools; 6) Commercial fishing; n supporting - 5(c); - Special use permit Permitted Uses 89. Native Area District (NA). - Sec. 130 (1) Detached dwellings; (2) Beekeeping; (3) Home occupationsrequired; (4) Accessory uses; (5) Tourist housing uses, including vacatiorental uses, are prohibited; (6) Collocations on existing antennastructures, pursuant to section 146 - Special use Existing Land Use (Zoning) District 96. Sparsely Settled - 5(c); - Sec. 130Residential District (SS). (1) Detached dwellings; (2) Beekeeping; (3) Home occupationspermit required; (4) Accessory uses; (5) Tourist housing uses, including vacation rental uses are prohibited; (6) Collocations on existing antennasupporting structures, pursuant to section 146 Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b - Packet Pg. 1955 supporting supporting -- 5(d); 5(e); -- 5(c); - 5(b); - Special use permit 1; - (7) Institutional uses; (8) Public buildings and uses; (9) Home occupationsrequired; (10) Parks; (11) Accessory uses; (12) Vacation rental use of detached dwelling units is permitted if a special vacation rental permit is obtained under the regulations established in section 134(13) Replacement of an existing antennastructure pursuant to section 146(14) Collocations on existing antennastructures, pursuant to section 146 (15) Attached wireless communications facilities, as accessory uses, pursuant to section 146(16) Stealth wireless communications facilities, as accessory uses, pursuant to section 146(17) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 1465(f); -- 5(f). - (7) Replacement of an existing antennasupporting structure pursuant to section 1465(b); and (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 5(f); and han ten residences. - in diameter, as accessory uses, (7) Satellite earth stations less than two meterspursuant to section 146(8) Wastewater nutrient reduction cluster systems that serve less t Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1956 1; and - shine directly on any established number of units does not exceed four; rcel of land proposed for development does in theaters, provided that: - 3) Commercial retail, office, restaurant uses, or any (18) Attached and detached dwellings involving less than six units, designated as employee housing as provided for in section 139(19) Wastewater nutrient reduction cluster systems that serve less than ten residences. (1) Attached dwellings, provided that: a. The total and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drivea. The panot exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does notresidential use; (combination thereof, of low and medium intensity, and of greater than 2,500 but less than 10,000 square s not exceed four; lished residential use by Minor Conditional Uses (1) Attached dwelling units, provided that: a. The total number of units doeand b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) Public buildings and uses, provided that: a. The parcel proposed for development is separated from any estaba class C bufferyard; and b. The parcel proposed for development is at least two acres; (3) Agricultural uses, provided that: a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; C bufferyard; and (1) Attached dwelling units, provided that:a. The total number of units does not exceed four (4); and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) Parks, including community tennis courts and swimming pools, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a classc. All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Public buildings and uses, provided that: Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1957 alized intersection; or xisting curb cut; urb cut that is separated from any other curb feet of floor area, provided that access to U.S. 1 by way of: a. An existing curb cut; b. A signc. 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) Commercial retail, office, restaurant uses, or any combination thereof, of high intensity, and of less than 2,500 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; orc. A ccut on the same side of U.S. 1 by at least 400 feet; (5) Commercial apartments involving six to 18 dwelling units, provided that: a. The hours of operation of the commercial uses are compatible with residential uses; b. Access to U.S. 1 is by way of: 1. An e2. 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; c. Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited; 5(d); - accessory uses, pursuant to section 146 b. The parcel proposed for development is separated from any established residential uses by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall of hedge of at least six feet in height; (4) Parks (passive); (5) Attached wireless communications facilities, as 5(e); and - evelopment is at least two acres; a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. The parcel of land proposed for d (4) Parks, excluding tennis courts and swimming pools; (5) Stealth wireless communications facilities, as accessory uses, pursuant to section 146 Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1958 gned to serve the needs he parcel proposed for uses, including vacation rental arcel proposed for development has an area (6) Institutional residential uses involving ten or more dwelling units or rooms, providing that: a. The use is compatible with land use established in the immediate vicinity of tdevelopment; b. 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; c. Tourist housinguse, of institutional dwelling units is prohibited;(7) Hotels of fewer than 50 rooms, provided that one or more of the following amenities is available to guests: a. Swimming pool; or b. Docking facilities; or c. Tennis courts; (8) Campgrounds and recreational vehicle parks, provided that: a. The pof at least five acres; b. If the use involves the sale of goods and services, other than the rental of camping sites or recreational vehicle parking spaces, such use does not exceed 1,000 square feet and is desiof the campground; and c. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard; 5(e); and - nications facilities, as 5(f). - (6) Stealth wireless commuaccessory uses, pursuant to section 146(7) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 - (6) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 1465(f). Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1959 less than 1. - 0,000 square feet in floor area, 5(f); and - han 2,500 square feet in floor area, provided feet in height; (9) Light industrial uses, provided that:a. The parcel proposed for development is 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 (10) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146(11) Attached and detached dwellings involving six to 18 units, designated as employee housing as provided for in section 139(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of greater than 1provided 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, office, restaurant uses, or any combination thereof, of high intensity, and of greater tthat access to U.S. 1 is by way of: elopment; and Major Conditional Use (1) Attached dwelling units, provided that:a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for devb. The parcel proposed for development is separated from any established residential use by a class C bufferyard. esidential ultural uses, provided that: (1) Attached dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established ruse by a class C bufferyard; and (2) Agrica. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1960 y compatible with established 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) Attached dwelling units, provided that: a. The structures are designed and located so that they are visuallresidential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; n as 209) and - yed may be l has continuous access to water of 2010 LDR's, Section 9 - aboard purposes; - (d) The following lawfully established nonresidential uses in the Native Area land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (prelawfully existed on such lands on January 4, 1996, which are damaged or destropermitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III. (1) Marinas, provided that: a. The parcedepths of at least four (4) feet below mean sea level at mean low tide; b. The use does not involve the sale of goods or services other than boat dockage and storage; c. All boat storage is limited to surface storage otrailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; d. Vessels docked or stored shall not be used for live ediately 2010 LDRs, - eestablished as an ss C bufferyard; and n sea level at mean low tide; 208) and lawfully existed on - water of depths of at least four (4) feet below meagoods or services other than sport fishing charters, boat dockage and storage; storage on trailers or skids and no boat or b. The parcel proposed for development is separated from any established residential uses by at least a clac. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (d) The following lawfully established nonresidential uses in the Sparsely Settled land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immprior to the institution of the 2010 Comprehensive Plan (preSection 9such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be ramendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel has continuous access to b. The use does not involve the sale of c. All boat storage is limited to surface Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1961 uses 1996 LDRs - wall or hedge at eet in height from the ect surrounding properties; d to the type of use that existed on e. All outside storage areas are screened from adjacent uses by a solid fence, least six feet in height; f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and g. The use is limited in intensity, floor area, density anJanuary 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional uses allowed in the prefor this district, whichever is more restrictive. (2) Solid waste facility, provided that: a. The parcel of land is at least 40 acres; b. All landfill activity occurs no closer than 150 feet to any property line and at least a class F buffer is provided within this setback; c. No fill shall exceed 35 foriginal grade of the property; d. Such operations fully comply with F.S. § 403.701 et seq.; e. A future reclamation plan for the landfill site is presented;f. The incinerator is located so that its operations do not adversely affg. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and h. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted t 40 upland stored on any elevated aboard purposes; 4, 1996, or limited to the - 1996 LDRs for this district, ations fully comply with F.S. - other equipment is rack, frame or structure; used for livefrom adjacent uses by a solid fence, wall or hedge at least six (6) feet in height; the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and density and to the type of use that existed on Januarypermitted uses and/or the provisions for minor or major conditional uses allowed in the prewhichever is more restrictive; (2) Solid waste facility, provided that: a. The parcel of land is at leasacres; b. All landfill activity occurs no closer than 150 feet to any property line and at least a class F buffer is provided within this setback; c. No fill shall exceed 35 feet in height from the original grade of the property;d. Such operSection 403.702 et seq.; e. A future reclamation plan for the landfill site is presented; d. Vessels docked or stored shall not be e. All outside storage areas are screened f. Each nonwaterside perimeter setback of g. The use is limited in intensity, floor area, Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1962 s are screened from hat: (4) Marinas, provided ta. The parcel proposed for development has access to water 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 areaadjacent uses by a solid fence, wall or hedge at least six feet in height; and d. 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) Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on the premises; b. One or more of the following amenities are available to guests: 1. Swimming pool; or 1996 LDRs - and/or the provisions for minor or major conditional uses allowed in the prefor this district, whichever is more restrictive. U.S. 1 is s allowed in 1996 LDRs for this district, - f. The incinerator is located so that its operations do not adversely affect surrounding properties; g. Road access to the side from limited to traffic serving the landfill; andh. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or major conditional usethe prewhichever is more restrictive. Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1963 within 500 ed that: emergency aircraft shall - ccess to U.S. 1 is by way of: m any established residential use by a class C 2. Docking facilities; or 3. Tennis courts; and c. A1. 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; and d. The parcel proposed for development is separated frobufferyard; (6) Heliports or seaplane ports, provided that: a. The heliport is associated with a governmental service facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; c. The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established residential uses feet of the parcel proposed for development, the hours of operation for nonbe limited to daylight; and e. The use is fenced or otherwise secured from entry by unauthorized persons; (7) Light industrial uses, provida. The parcel proposed for development is greater than two acres; Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1964 L or established - 1; - ched dwellings involving supporting structures, pursuant to - 5(a); L, SS, UR, URM, URM - - mediate vicinity of the parcel proposed for parcel is separated from residential districts in theaters, provided that: - b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. The use is compatible with land uses established in the imdevelopment; (8) Commercial recreation uses (indoor and outdoor), including amusement or sea life parks and drivea. The parcel of land has an area of at least two acres; b. The IS, SR, SRresidential 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; (9) Agricultural uses, limited to mariculture; (10) New antennasection 146(11) Attached and detamore than 18 units, designated as employee housing as provided for in section 139(12) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: Attachment: Ex.1_Table_of_Uses_by_ZD (Land Use District (Zoning) Map Amendment - Krause) S.3.b Packet Pg. 1965 outdoor storage, temporary or shed with the following: The planting bed shall be installed as set forth in a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any permanent; and c. In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be establi1. One native canopy tree for every 25 linear feet of screening structure; 2. One understory tree for every ten linear feet of screening structure and the required trees shall be evenly distributed throughout the planting bed; 3.chapter 114, article IV; and 4. A solid fence may be required upon determination by the planning director. S.3.c Attachment: Ex.2_PC.Reso_P28-18 (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1966 S.3.c Attachment: Ex.2_PC.Reso_P28-18 (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1967 S.3.c Attachment: Ex.2_PC.Reso_P28-18 (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1968 S.3.c Attachment: Ex.2_PC.Reso_P28-18 (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1969 S.3.d Attachment: Ordinance (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1970 S.3.d Attachment: Ordinance (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1971 S.3.d Attachment: Ordinance (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1972 S.3.d Attachment: Ordinance (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1973 S.3.d Attachment: Ordinance (Land Use District (Zoning) Map Amendment - Krause) Packet Pg. 1974