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Item P4 P.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting April 17, 2019 Agenda Item Number: P.4 Agenda Item Summary #5377 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: First of two public hearings regarding an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code, Section 130-93, Suburban Commercial (SC) District, to allow parks to be permitted as-of-right. (File 2018-208) ITEM BACKGROUND: On December 11, 2018, the Planning and Environmental Resources Department received an application from the Public Works Department on behalf of the Monroe County Board of County Commissioners (BOCC) "the Applicant," to amend the Monroe County Land Development Code to allow parks to be permitted as of right in the Suburban Commercial (SC)land use(zoning) district. The Applicant states that the reason for the proposed amendment is "there is an increased need for public parks in Monroe County. The current LDC for SC districts does not allow for parks `as-of- right', requiring rezoning and/or restrictive conditions to allow the development of public parks. The proposed change will allow parks as an allowable use in SC districts as of right, making the planning, design and development process more flexible, allowing the County to adapt to changing conditions, community needs and funds availability." The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (File 42018-208). Community Meeting and Public Participation In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and Land Development Code text amendments was held on November 26, 2018 in Marathon and provided for public input. There were two members of the public in attendance who provided general feedback on the item and asked whether the Parks Committee had reviewed the proposed text amendment. Development Review Committee and Public Input The Development Review Committee considered the proposed amendment at a regular meeting on January 15, 2019 and received public input. Packet Pg. 2670 P.4 Planning Commission and Public Input At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended approval_of the proposed text amendment through PC Resolution P09-19 and provided for public comment. Parks are currently permitted as-of-right in the Mixed Use (MU), Park and Refuge (PR) and Suburban Residential - Limited(SR-L) zoning districts. In Suburban Residential (SR),parks without pools and/or tennis courts are permitted as-of-right and parks with swimming pools and/or tennis courts require a minor conditional use permit. The table below indicates how parks are permitted within each of the zoning districts: Land Use District Parks permitted as Airport(AD) nr'a Commercial l (Cl) minor CUP Commercial 2(C:2:) minor CUP Commercial Fishing Area(CFA) nn�a Conunercnal Fishing Special District minor Conarnerciail Fishing pillage( nr a Conservation(CD), m'a Destination Resort,(W iiPa Improved Subdivision(IS) minor CUP Improved Subdivision—Duplex(IS-D) minor CUP Indnustri,al(I), nn�a Mainland Dative Area( ) m'a Maritime Industries(vlII)4,h1 nn�a Military Facilities(MF) m'a Mixed Use(MU) as of right Native Area A) minor CUP(passive) Offshore.island(OS) m'a ]Park.and Reffuge R) as of right Preservation(P) m/a Recreational Vehicle(W) minor CUP Sparsely Settled.Residential(SS) minor CUP Suburban Commercial(SC) minor CUP as of right (exclnudm- 9 tennis courts Suburban Residential(SR and swimming pools) minor CUP' (including community tennis rou its and swimming cols Suburban Residential(Limited) SR-L as of right Urban Conunercnal(DC) minor CUP Urban Residential(UR) minor CUP IT�k Ruinr�tiGanl�- [�hle.FIr�(�]!I�< mwaja�r I " Urban Residential Mobile Horne—Limited(II7rld:M-]L) m'a LDC Section 101-1 defines a park as an active or passive recreational facility operated for the benefit of the general public by a public or quasi-public agency. Many times parks contain public buildings including community centers and restrooms. Uses that are permitted as of right within the SC zoning district include public buildings and uses, Packet Pg. 2671 P.4 and commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both of these permitted as of right uses function and exhibit similar characteristics to a publically owned park. Therefore, it is reasonable to require the same level of review, as-of-right, to permit the development of parks as it is to permit public buildings and commercial recreation uses. The proposed amendment will not affect the current maximum land use intensity or residential density within the SC zoning district. PREVIOUS RELEVANT BOCC ACTION: • December 2013 - BOCC approved purchase of Rowell's Marina. • June 2014 - BOCC approved 2014 Transportation Alternative Program Funding Application. • March 2015 - BOCC approved execution of LAP agreement with FDOT for partial funding of the park. • December 2016- BOCC approval to negotiate with Littlejohn, an S&ME company, for design and permitting contracting services. • May 2017 - BOCC entered into a contract with S&ME for design and construction documents for development of Rowell's Waterfront Park. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment, following a second public hearing before the BOCC, as required by Florida Statute 125.66(4)(b). DOCUMENTATION: 2018-208 BOCC SR 04.17.19 Attachment-11576 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 Packet Pg. 2672 P.4 Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 03/26/2019 4:33 PM Steve Williams Completed 03/27/2019 7:36 AM Maureen Proffitt Completed 03/27/2019 8:16 AM Assistant County Administrator Christine Hurley Completed 04/01/2019 1:27 PM Budget and Finance Completed 04/01/2019 3:02 PM Maria Slavik Completed 04/01/2019 3:11 PM Kathy Peters Completed 04/01/2019 4:39 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 2673 2 � ` �� 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 9 To: Monroe County Board of County Commissioners 10 C4 11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 12 Resources as 13 14 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 15 16 Date: March 22, 2019 e 17 18 Subject: An ordinance by the Monroe County Board of County Commissioners amending the U 19 Monroe County Land Development Code, Section 130-93, Suburban Commercial (SC) 20 District, to allow parks to be permitted as-of-right. (File 2018-208) 21 22 23 Meeting: April 17, 2019 24 25 26 I. REQUEST 27 28 On December 11, 2018, the Planning and Environmental Resources Department received an 29 application from the Public Works Department on behalf of the Monroe County Board of County 30 Commissioners (BOCC)"the Applicant," to amend the Monroe County Land Development Code to 7 31 allow parks to be permitted as of right in the Suburban Commercial (SC)land use(zoning) district. �i 32 co i 33 34 II. BACKGROUND INFORMATION 35 I Go 36 The Applicant states that the reason for the proposed amendment is "there is an increased need forCD a 37 public parks in Monroe County. The current LDC for SC districts does not allow for parks `as-of- Go Go CD 38 right',requiring rezoning and/or restrictive conditions to allow the development of public parks. The N 39 proposed change will allow parks as an allowable use in SC districts as of right, making the planning 40 design and development process more flexible, allowing the County to adapt to changing conditions, E 41 community needs and funds availability." The Applicant's full explanation and justification of the 42 proposed amendments is included in the file for the application (File 42018-208). 43 44 Community Meeting and Public Participation 45 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan 46 and Land Development Code text amendments was held on November 26, 2018 in Marathon and 47 provided for public input. There were two members of the public in attendance who provided general BOCC SR 04.17.19 Page I of 10 File#2018-208 Packet Pg. 2674 P.4.a I feedback on the item and asked whether the Parks Committee had reviewed the proposed text 2 amendment. 3 4 Development Review Committee and Public Input 5 The Development Review Committee considered the proposed amendment at a regular meeting on 6 January 15, 2019 and received public input. 7 8 Planning Commission and Public Input 9 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended 00 10 approval of the proposed text amendment through PC Resolution P09-19 and provided for public 11 comment. 00 12 cd 13 Previous BOCC Action 2 14 • December 2013 - BOCC approved purchase of Rowell's Marina. 15 • June 2014 -BOCC approved 2014 Transportation Alternative Program Funding Application. 16 • March 2015 - BOCC approved execution of LAP agreement with FDOT for partial funding 0 U) 17 of the park. 18 • December 2016-BOCC approval to negotiate with Littlejohn, an S&ME company,for design U) 19 and permitting contracting services. 20 • May 2017-BOCC entered into a contract with S&ME for design and construction documents 21 for development of Rowell's Waterfront Park. 22 E 23 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS x 24 1 0 25 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined). 26 27 ***** 28 Sec. 130-93. Suburban Commercial District(SC). 29 i 30 (a) The following uses are permitted as of right in the Suburban Commercial district: 31 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium 32 intensity, and of less than 2,500 square feet of floor area; 0 33 (2) Institutional residential uses, involving less than ten dwelling units or rooms; 0� 34 (3) Commercial apartments involving less than six dwelling units; 00 35 (4) Commercial recreation uses limited to: C14 36 a. Bowling alleys; a 37 b. Tennis and racquetball courts; 38 c. Miniature golf and driving ranges; 39 d. Theaters; 40 e. Health clubs; and 41 f. Swimming pools; 42 (5) Institutional uses; BOCC SR 04.17.19 Page 2 of 10 File 4 2018-208 Packet Pg. 2675 P.4.a 1 6 Parks, 2 (67)Public buildings and uses; 3 (78) Accessory uses; 4 (,�9) Vacation rental use of nonconforming detached and attached dwelling units, if a special 5 vacation rental permit is obtained under the regulations established in section 134-1; 6 (310) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 7 (101) Attached wireless communications facilities, as accessory uses,pursuant to section 146- 00 8 5(d); 00 9 (14-2) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 10 (1-23) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- a 11 5(e); 12 (1-3-4) Satellite earth stations, as accessory uses,pursuant to section 146-5(f); 13 (145) Attached and detached dwellings involving less than six units, designated as employee 0 14 housing as provided for in section 139-1; and U) 15 (1-6) Wastewater nutrient reduction cluster systems that serve less than ten residences. U) 16 17 (b)The following uses are permitted as minor conditional uses in the Suburban Commercial district, 18 subject to the standards and procedures set forth in chapter 110, article III: a� 19 ***** 21 (98) Attached and detached dwellings involving six to 18 units, designated as employee 22 housing as provided for in section 139-1; and- 23 24 (-� 9) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life 25 parks and drive-in theaters,provided that: i 26 a. The parcel of land proposed for development does not exceed five acres; 27 b. The parcel proposed for development is separated from any established 28 residential use by a class C bufferyard; and cool 29 c. All outside lighting is designed and located so that light does not shine directly on 00 30 any established residential use=; 00 31 ***** N 32 33 IV. ANALYSIS OF PROPOSED AMENDMENT 34 35 Parks are currently permitted as-of-right in the Mixed Use (MU), Park and Refuge (PR) and Suburban 36 Residential—Limited(SR-L) zoning districts. In Suburban Residential (SR),parks without pools and/or 37 tennis courts are permitted as-of-right and parks with swimming pools and/or tennis courts require a 38 minor conditional use permit. The table below indicates how parks are permitted within each of the 39 zoning districts: 40 BOCC SR 04.17.19 Page 3 of 10 File 4 2018-208 Packet Pg. 2676 P.4.a Land Use District Parks permitted as Airport (AD) n/a Commercial 1 (C1) minor CUP Commercial 2 (C2) minor CUP Commercial Fishing Area(CFA) n/a Commercial Fishing Special District (CFSD) CFSD 5: minor Commercial Fishing Village(CFV) n/a Conservation (CD) n/a Destination Resort (DR) n/a 00 Improved Subdivision (IS) minor CUP Improved Subdivision—Duplex (IS-D) minor CUP N Industrial (I) n/a Mainland Native Area(MN) n/a Maritime Industries (MI)(') n/a Military Facilities (MF) n/a U) Mixed Use (MU) as of right Native Area(NA) minor CUP (passive) U) Offshore Island(OS) n/a IL Park and Refuge (PR) as of right Preservation (P) n/a a Recreational Vehicle (RV) minor CUP Sparsely Settled Residential (SS) minor CUP X Suburban Commercial (SC) minor CUP as of right (excluding tennis courts Suburban Residential (SR) and swimming pools) minor CUP (including community tennis courts and swimming pools) Suburban Residential (Limited) (SR-L) as of right Urban Commercial (UC) minor CUP Urban Residential (UR) minor CUP 0 Urban Residential Mobile Home(URI C). nfaj Or,,CUP i 00 Urban Residential Mobile Home-Limited(URM-L) n/a N 1 N 2 LDC Section 101-1 defines a park as an active or passive recreational facility operated for the benefit of 3 the general public by a public or quasi-public agency. Many times parks contain public buildings E 4 including community centers and restrooms. 5 6 Uses that are permitted as of right within the SC zoning district include public buildings and uses, and 7 commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both of these 8 permitted as of right uses function and exhibit similar characteristics to a publically owned park. 9 Therefore, it is reasonable to require the same level of review, as-of-right, to permit the development of 10 parks as it is to permit public buildings and commercial recreation uses. 11 BOCC SR 04.17.19 Page 4 of 10 File 4 2018-208 Packet Pg. 2677 P.4.a I The proposed amendment will not affect the current maximum land use intensity or residential density 2 within the SC zoning district. 3 4 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE 5 6 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 7 158(d)(7)(b): 8 9 1. Changed projections (e.g., regarding public service needs) from those on which the text or 00 10 boundary was based; N 00 11 Per the Applicant: C14 ']'here, is a need for additional parks in Monroe County. This proposed ➢:.,DC text amendment would .2 y _ . .. . reduce unnecessary administrative burdens allowing,the county to develop perk more easily and ._...._ ._._...__. __ ___ _.._ 12 more,quickly. I- .......__............._..._—___ _._._.... _._.......____ 0 13 U) 14 2. Changed assumptions (e.g., regarding demographic trends); 15 N/A 16 17 3. Data errors, including errors in mapping, vegetative types and natural features described in 18 volume 1 of the plan; E 19 N/A 20 21 4. New issues; 22 Per the Applicant: 'f"here is an increased need f'br public parks in Monroe County. The current LDC, fir SC: districts _............ _ ....w�_..n".. ....................._..............m......._......._...... does not allow for parks "as of right', requiring re zoning and/or restrictive conditions to allow _.....__ __ _w__ .. ...... development of public parks Flie proposed change will allow parks as an allowable use in SC i _._. �_.. ___. __ ...__ _.._.._ __ __._ _...._ . districts as of right, making the planning., design and development process more flexible, allowing 23 the County to adapt to changing condition, community needs and funds availability. M i 00 24 00 25 LDC Section 101-1 defines a park as an active or passive recreational facility operated for the 26 benefit of the general public by a public or quasi-public agency. Many times parks contain public 27 buildings including community centers and restrooms. 28 E 29 Uses that are permitted as of right within the SC zoning district include public buildings and uses, 30 and commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both 31 of these permitted as of right uses function and exhibit similar characteristics to a publically 32 owned park. 33 34 The proposed amendment will not affect the existing land use intensity or residential density 35 within the SC zoning district. BOCC SR 04.17.19 Page 5 of 10 File 4 2018-208 Packet Pg. 2678 P.4.a 1 5. Recognition of a need for additional detail or comprehensiveness; or 2 N/A 3 4 6. Data updates; 5 N/A 6 7 In no event shall an amendment be approved which will result in an adverse community change 00 8 to the planning area in which the proposed development is located or to any area in accordance 9 with a livable communikeys master plan pursuant to findings of the board of county 00 10 commissioners. as 11 The proposed text amendment is not anticipated to result in an adverse community change. All 12 development shall be required to comply with level of service, concurrency, the regulations set forth 13 in the Land Development Code and the Florida Building Code.' 14 U) 15 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 16 PRINCIPLES FOR GUIDING DEVELOPMENT AND FLORIDA STATUTES U) 17 18 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 19 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 20 E 21 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the X 22 safety of County residents and visitors, and protect valuable natural resources. 23 24 Objective 101.5 .� 25 Monroe County shall regulate future development and redevelopment to maintain and enhance 26 the character of the community and protect natural resources by providing for the compatible 27 distribution of land uses consistent with the designations shown on the Future Land Use Map. 28 29 Policy 101.5.6 30 The principal purpose of the Mixed Use/Commercial(MC)future land use category is to provide 31 for the establishment of mixed use commercial land use(zoning) districts where various types of 32 commercial retail and office may be permitted at intensities which are consistent with the 001 33 community character and the natural environment. Employee housing and commercial 00 34 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to 35 establish and conserve areas of mixed uses,which may include maritime industry,light industrial 36 uses, commercial fishing, transient and permanent residential, institutional, public, and 37 commercial retail uses. E 38 39 This future land use category is also intended to allow for the establishment of mixed use 40 development patterns, where appropriate. Various types of residential and nonresidential uses 41 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be 42 prohibited. The County shall continue to take a proactive role in encouraging the preservation 43 and enhancement of community character and recreational and commercial working waterfronts. BOCC SR 04.17.19 Page 6 of 10 File 4 2018-208 Packet Pg. 2679 P.4.a I In order to protect environmentally sensitive lands, the following development controls shall 2 apply to all hammocks,pinelands, and disturbed wetlands within this land use category: 3 1. only low intensity commercial uses shall be allowed; 4 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 5 3. maximum net residential density shall be zero. 6 7 Objective 1201.2 8 Monroe County shall secure additional acreage for use and/or development of resource based 00 9 and activity-based neighborhood and community parks consistent with the adopted level of 10 service standards. 00 11 12 Policy 1201.2.4 13 In selecting sites for future activity-based neighborhood and community parks, Monroe County 14 shall give priority to sites which have been previously disturbed or scarified. The County shall 15 avoid acquiring sites for activity-based parks which will result in potential disturbances to 4- 16 sensitive natural resources including but not limited to: 17 1. high quality undisturbed pineland and hammock vegetation; 18 2. documented habitat of species designated as rare or endangered by the state and U) 19 federal governments; 20 3. undisturbed beach/berm; and 21 4. undisturbed mangrove, salt marsh, buttonwood and freshwater wetlands. 22 When park sites are acquired which include sensitive natural resources, then the park plan (See E 23 Policy 1201.3.5 and 1201.3.7) and the park management plan (See Policy 1201.7.1 and 24 1201.7.2) shall designate such areas for passive recreation and shall avoid potential adverse 25 impacts of park development and use upon those resources. 26 27 Objective 1201.3 28 Monroe County shall make available adequate and accessible active recreation facilities at 29 county-owned resource-based and community-based neighborhood and community parks 30 consistent with the adopted level of service standards and the Recreational Guidelines. 31 32 Policy 1201.3.9 33 Monroe County shall continue to ensure access to publicly-owned recreation and open space 34 areas and accessible facilities, including beach and shoreline areas, for all Monroe County 001 35 residents and visitors. 3600 37 B. The amendment is consistent with the Principles for Guiding Development for the Florida 38 Keys Area, Section 380.0552(7), Florida Statutes. 39 E 40 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 41 with the principles for guiding development and any amendments to the principles,the principles 42 shall be construed as a whole and no specific provision shall be construed or applied in isolation 43 from the other provisions. 44 BOCC SR 04.17.19 Page 7 of 10 File 4 2018-208 Packet Pg. 2680 P.4.a I (a) Strengthening local government capabilities for managing land use and development so that 2 local government is able to achieve these objectives without continuing the area of critical 3 state concern designation. 4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, 5 seagrass beds, wetlands, fish and wildlife, and their habitat. 6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 7 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 8 beaches, wildlife, and their habitat. 9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 00 CD 10 economic development. 11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida � 12 Keys. 13 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 14 environment, and ensuring that development is compatible with the unique historic character 15 of the Florida Keys. 16 (g) Protecting the historical heritage of the Florida Keys. 17 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and U) 18 proposed major public investments, including: 19 Us 20 1. The Florida Keys Aqueduct and water supply facilities; 21 2. Sewage collection, treatment, and disposal facilities; 22 3. Solid waste treatment, collection, and disposal facilities; 23 4. Key West Naval Air Station and other military facilities; 24 5. Transportation facilities; 25 6. Federal parks, wildlife refuges, and marine sanctuaries; X 26 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 27 properties; 28 8. City electric service and the Florida Keys Electric Co-op; and 29 9. Other utilities, as appropriate. 30 31 i Protecting and improving water quality b providing for the construction operation, O g p g q y y p g � p , i 32 maintenance, and replacement of stormwater management facilities; central sewage 33 collection; treatment and disposal facilities; and the installation and proper operation and 34 maintenance of onsite sewage treatment and disposal systems. 35 (j) Ensuring the improvement of nearshore water quality by requiring the construction and00 i 36 operation of wastewater management facilities that meet the requirements of ss. 37 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 00 38 central wastewater treatment facilities through permit allocation systems. 39 (k) Limiting the adverse impacts of public investments on the environmental resources of the 40 Florida Keys. 41 (1) Making available adequate affordable housing for all sectors of the population of the Florida 42 Keys. 43 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of 44 a natural or manmade disaster and for a postdisaster reconstruction plan. 45 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 46 maintaining the Florida Keys as a unique Florida resource. BOCC SR 04.17.19 Page 8 of 10 File 4 2018-208 Packet Pg. 2681 P.4.a I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent 2 with the Principles for Guiding Development as a whole and is not inconsistent with any 3 Principle. 4 5 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 6 (F.S.). Specifically, the amendment furthers: 7 8 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 9 and enhance present advantages; encourage the most appropriate use of land, water, and 00 10 resources, consistent with the public interest; overcome present handicaps; and deal 11 effectively with future problems that may result from the use and development of land within00 12 their jurisdictions. Through the process of comprehensive planning, it is intended that units N 13 of local government can reserve promote, protect, and improve the public health safety, 2 g preserve, � p � p p � y� 14 comfort, good order, appearance, convenience, law enforcement and fire prevention, and Z 15 general welfare; facilitate the adequate and efficient provision of transportation, water, M 16 sewerage, schools, parks, recreational facilities, housing, and other requirements and 17 services; and conserve, develop, utilize, and protect natural resources within their U) 18 jurisdictions. 19 Us 20 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 21 legal status set out in this act and that no public or private development shall be permitted 22 except in conformity with comprehensive plans, or elements or portions thereof, prepared 23 and adopted in conformity with this act. 24 25 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, X 26 and strategies for the orderly and balanced future economic, social,physical, environmental, 27 and fiscal development of the area that reflects community commitments to implement the a 28 plan and its elements. These principles and strategies shall guide future decisions in a 29 consistent manner and shall contain programs and activities to ensure comprehensive plans 30 are implemented. The sections of the comprehensive plan containing the principles and 31 strategies, generally provided as goals, objectives, and policies, shall describe how the local 32 government's programs, activities, and land development regulations will be initiated, �s 33 modified, or continued to implement the comprehensive plan in a consistent manner. It is not 34 the intent of this part to require the inclusion of implementing regulations in the 0 35 comprehensive plan but rather to require identification of those programs, activities, and land CO i 36 development regulations that will be part of the strategy for implementing the comprehensive00 37 plan and the principles that describe how the programs, activities, and land development 00 38 regulations will be carried out. The plan shall establish meaningful and predictable standards 39 for the use and development of land and provide meaningful guidelines for the content of 40 more detailed land development and use regulations. 41 c� 42 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory 43 authority. — It is the intent of this act that adopted comprehensive plans or elements thereof 44 shall be implemented, in part, by the adoption and enforcement of appropriate local 45 regulations on the development of lands and waters within an area. It is the intent of this act 46 that the adoption and enforcement by a governing body of regulations for the development 47 of land or the adoption and enforcement by a governing body of a land development code for BOCC SR 04.17.19 Page 9 of 10 File 4 2018-208 Packet Pg. 2682 P.4.a I an area shall be based on, be related to, and be a means of implementation for an adopted 2 comprehensive plan as required by this act. 3 4 VII. PROCESS 5 6 Land Development Code Amendments may be proposed by the Board of County Commissioners, 7 the Planning Commission, the Director of Planning,private application, or the owner or other person 8 having a contractual interest in property to be affected by a proposed amendment. The Director of 9 Planning shall review and process applications as they are received and pass them onto the 00 10 Development Review Committee and the Planning Commission. 11 00 12 The Planning Commission shall hold at least one public hearing. The Planning Commission shall a� 13 review the application, the reports and recommendations of the Department of Planning & U- 14 Environmental Resources and the Development Review Committee and the testimony given at the 15 public hearing. The Planning Commission shall submit its recommendations and findings to the 16 Board of County Commissioners (BOCC). Pursuant to Florida Statute 125.66(4)(b), in cases in 4 17 which the proposed ordinance changes the actual list of permitted, conditional, or prohibited U) 18 uses within a zoning category, the board of county commissioners shall hold two advertised 19 public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a U) 20 weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct 21 that hearing at another time of day. The second public hearing shall be held at least 10 days after the 22 first hearing. The BOCC holds the public hearings to consider the adoption of the proposed 23 amendment, and considers the staff report, staff recommendation, Planning Commission 24 recommendation and the testimony given at the public hearings. The BOCC may adopt the proposed 25 amendment based on one or more of the factors established in LDC Section 102-158(d)(7) at the x 26 second public hearing. �s 27 28 VIII. STAFF RECOMMENDATION 29 30 Staff recommends approval of the proposed amendment following a second public hearing before 31 the BOCC, as required by Florida Statute 125.66(4)(b). 32 cas 33 IX. EXHIBITS 34 U 35 1. Ordinance coi 00 N 00 cv BOCC SR 04.17.19 Page 10 of 10 File 4 2018-208 Packet Pg. 2683 P.4.b il% wa r� n 5 6 MONROE COUNTY, FLORIDA 7 M'O ROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. -2019 00 10 cv 11 00 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13COUNTY COMMISSIONERS AMENDING LADING ONRO NT Y � 14 LAND DEVELOPMENT CODE SECTION 130-93, SUBURBAN 15 COMMERCIAL DISTRICT (S ), TO ALLOW PARKS TO B 16 PERMITTED AS OF RIGHT IN THE SC LAND USE (ZONING) 17 DISTRICT; PROVIDING FOR SEV 'AIIILITY; PROVIDING 18 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING I 19 FOR TRANSMITTAL TO THE E STATE LAND PLANNING 20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 21 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING � 22 FOR AN EFFECTIVEDATE. 23 24 25 WHEREAS, on December, 1.1, 2018, the Planning and Environmental resources X 26 Department received an application from the Public Works Department on behalf of the Monroe 27 County Board of County Commissioners "the Applicant," to amend the Monroe County Land. 28 Development Code Section 1.30-93 to allow parks as a permitted. as of right use in the Suburban 29 Commercial (SC) hand use (zoning) district; LO 30Ir- 31 WHEREAS, on November 26, 2018 a community meeting was held, as required by LDS' 32 Section 1.02-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to 33 provide for public participation; 34 35 WHEREAS, on January 15, 20�19, the Monroe County Development Review Committee 36 (DRQ reviewed the proposed amendment at a regularly scheduled meeting and recommended � 37 approval; 38 39' WHEREAS,AS, staff is recommending approval of the proposed amendments to LDC 40 Section 130'-93 to allow parks as a permitted as of right use in the Suburban. Commercial (SC) 41 land use (zoning) district;. 42 43 WHEREAS, the Monroe County Planning Commission held a public hearing on 44 February 27, 2019, for review and recommendation on the proposed amendment, and 45 recommended approval; Ordinance No. -2019 Page I of File 42.018-208 Packet Pg. 2684 I WHEREAS, at a regularly scheduled meeting held on the 17 1h day of April, 2019, the 2 Monroe County Board of County Commissioners held a public hearing, considered the staff 3 report, and provided for public comment and public participation in accordance with the 4 requirements of state law and the procedures adopted for public participation in the planning 5 process; 6 7 WHEREAS, pursuant to Florida Statute 125.66(4)(b), in cases in which the proposed 8 ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning 9 category, the board of county commissioners shall hold two advertised public hearings on the 00 10 proposed ordinance; Q C14 1 11 00 12 WHEREAS, at a regularly scheduled meeting held on the day of_, 2019, 13 at 5:00pm, the Monroe County Board of County Commissioners held a second public hearing, 14 considered the staff report, and provided for public comment and public participation in 15 accordance with the requirements of state law and the procedures adopted for public 16 participation in the planning process; and 4- 17 0 U) 18 WHEREAS, based upon the documentation submitted and information provided in the 19 accompanying staff report, the BOCC makes the following Conclusions of Law: (n 20 21 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 22 Monroe County Year 2030 Comprehensive Plan; and. 23 2. The proposed amendment is consistent with the Principles for Guiding Development E 24 for the Florida Keys Area of Critical State Concern, Sec. 380.0�552(7), F.S.; and 25 3. 'he proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; X 26 and 27 4, The proposed amendment is necessary due to changed prQjections, changed a 28 assumptions and new issues, as required by Section 102-158 of the Monroe County 29 Code. LO Ir- 30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY I COMMISSIONERS OF MONROE COUNTY, FLORIDA- E 2 33 Section 1. The Monroe County Land Development Code is hereby amended as follows: 34 < —F61dgh; ;j Proposed Amendment (deletions are str-ieken additions are shown in underlined). E 35 3 6 37 See. 130-93. Suburban Commercial District (SC). 38 .39 (a) The following uses are permitted as of right in the Suburban Commercial district: 40 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and 41 medium intensity, and of less than 2,500 square feet of floor area; 42 (2) Institutional residential uses, involving less than ten dwelling units or rooms; 43 (3)) Commercial apartments involving less than six dwelling units; Ordinance No. -2019 Page 2 of 4 File #2018-208 Packet Pg. 2685 1 (4) Commercial recreation uses limited to: 2 a. Bowling alleys; 3 b. Tennis and racquet ball courts; 4 c. Miniature golf and driving ranges; 5 d. Theaters; 6 e. Health clubs; and 7 f. Swimming pools; 8 (5) Institutional uses; 9 �6 Park�s- 10 (6�7 00 ) Public buildings and uses; I ) Accessory uses; 00 T_ 12 (99) Vacation rental use of nonconforming detached and attached dwelling units, if a 13 special vacation rental permit is obtained under the regulations established in section 14 134-1; 15 (-910) Collocations on existing antenna-supporting structures, pursuant to section 146- 16 5(c); 4- 0 17 (101) Attached wireless communications facilities, as accessory uses, pursuant to I U) 18 section 146-5(d); 19 (14-2) Replacement of an existing antenna-supporting structure pursuant to section 146- (n U) 20 5(b); 21 (123) Stealth wireless communications facilities, as accessory uses, pursuant to section a. 22 146-5(e); 23 (1-3-4) Satellite earth stations, as accessory uses, pursuant to section 146-5(f); E 24 (145) Attached and detached dwellings involving less than six units, designated as 25 employee housing as provided for in section 139-1; and X 26 (1-46) Wastewater nutrient reduction cluster systems that serve less than ten residences. 27 28 (b) 'rhe following uses are permitted as minor conditional uses in the Suburban Commercial zz� 29 district, subject to the standards and procedures set forth in chapter 110, article III: LO 30 Ir- 31 32 18) Parks; and E 33 (q) Attached and detached dwellings involving six to IS units, designated as 34 employee housing as provided for in section 139-1; and: 35 .36 (4#9) Commercial recreation uses (indoor and outdoor), excluding amusement or sea E 37 life parks and drive-in theaters, provided that: 38 a. The parcel of land proposed for development does not exceed five acres; 39 b. The parcel proposed for development is separated from any established 40 residential use by a class C bufferyard; and 41 c. All outside lighting is designed and located so that light does not shine 42 directly on any established residential use.; 43 44 Section 2. Severabilily. If any section, paragraph, subdivision, clause, sentence or 45 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, Ordinance No. -2019 Page 3 of 4 File #2018,-208 Packet Pg. 2686 I such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 2 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 4 rendered. 5 6 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 7 this ordinance are hereby repealed to the extent of said conflict. 8 9 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 10 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 11 C14 1 12 Section 5. Filing..This ordinance shall be filed in the Office of the Secretary of the State cv 13 of Florida but shall not become effective pursuant to Section 9 until a final order is issued 14 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration 15 Commission approving the ordinance, and if the final. order is challenged, until the challenge to 16 the order is resolved pursuant to F.S. Chapter 120. 4- 0 17 18 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance 19 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, (n U) -9 20 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the 6 cu 21 uniform marking system of the Code. a. 22 23 Section 7. Effective Date. This ordinance shall become effective contingent on E 24 effectiveness of the corresponding amendments to the Monroe County Year 2030 25 Comprehensive Plan and as provided by law and stated above. X 26 27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, a 28 Florida, at a regular meeting held on the day of_, 2019, zz� 29 LO 30 Mayor Sylvia Murphy 31 Mayor Pro Tem Danny L. Kolhage 32 Commissioner Heather Carruthers E 33 Commissioner Michelle Coldiron 34 Commissioner David Rice 35 36 BOARD OF COUNTY COMMISSIONERS E 37 OF MONROE COUNTY, FLORIDA. 38 39 BY 40 MAYOR SYLVIA MURPHY 41 (SEAL) 42 43 ATTEST: KEVIN MA,OIL, CLERK MONROE CO TrMay 44 45 DEPUTY CLERK ji NEY Ordinance No. -2019 Wag ' 4of4 File #2018-208 Packet Pg. 2687 : 1e - ., MONROE COUNTY F \y/ ---.'C I BOARD OF COUNTY COMMISSIONERS The Florida Keys Only Daily Newspaper, E: NOTICE OF PUBLIC PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-80 MEETING AND NOTICE legals©keysnews.com MONROE CO PLANNING DEPT OF PUBLIC HEARING MURRY E NELSON GOVERNMENT CENTER NOTICE OF CHANGE 102050 OVERSEAS HWY KEY LARGO FL 33037 TO MONROE COUNTY Account: 138694 Ticket: 286626 LAND DEVELOPMENT PUBLISHER'S AFFIDAV REGULATIONS STATE OF FLORIDA [legal. COUNTY OF MONROE April 17, 2019 Before the undersigned authority personally appeared NOTICE IS HEREBY GIVEN that on Wednesday, April 17, �� 2019,the Monroe County Board of County Commissioners will rn I ,who on oath says that he or she is hold a Public Meeting at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, to ( 1 1 e.J r ' pI V;1 of the Key West Citizen, a daily review and receive public comment for the following items: newspaper publish d in Key st, in Monroe County, Florida;that the attached PUBLIC HEARINGS:3:00 PM(or as soon thereafter as may be heard): copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND Sunday, March 31,2019 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S Affiant further says that the Key West Citizen is a newspaper published in Key SUBDIVISION OF STOCK ISLAND, PLAT BOOK 1, PAGE 55, BOUNDED ON THE NORTH BY ALL OF BLOCK 23:BOUNDED West, in said Monroe County, Florida and that the said newspapers has hereto- ON THE WEST BY SECOND STREET; BOUNDED ON THE fore been continuously published in said Monroe County, Florida every day,and SOUTH BY ALL OF BLOCK 32; AND BOUNDED ON THE has been entered as periodicals matter at the post office in Key West, in said EAST BY ADJACENT BAY BOTTOM AND A PARCEL OF LAND Monroe County, Florida,for a period of 1 year next preceding the first publication ADJACENT TO GOVERNMENT LOT 2,SECTIONS 35,36,AND of the attached copy of advertisement; and affiant further says that he or she has 26,TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND, neither paid nor promised any person, firm or corporation any discount, rebate, MONROE COUNTY,FLORIDA.(File#2010-130). commission or refund for the purpose of securing this advertisement for publica- tion in the said newspaper. AN ORDINANCE BY.THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-93, SUBURBAN (Signpll Affiant) COMMERCIAL DISTRICT (SC), TO ALLOW PARKS TO BE PERMITTED AS OF RIGHT IN THE SC LAND USE (ZONING) A, / �/�1(+�� DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING Affi • / ir.efore me this�fst day of Jy�rch 2019 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING � . �/� �1 // / FOR TRANSMITTAL TO THE STATE LAND PLANNING 41, � /�74. ,,,9� AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR ( Qe'T •l.lic S= atur- INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.(File 2018-208) I �" / /r� Copies of the above are available at the Monroe County (Notary Pu' is Printed Name) (Notary Seal) Planning Department offices in Marathon and Key Largo during Mycommission expires lG'�? normal business hours and online at: www.monroecounty-fl. .otw . /A, ' Pursuant to Section 286.0105 Florida Statutes, if a person Personally Known X Produced Identification . decides to appeal any decision of the Board of County V Commissioners, with respect to any matter considered at Type of Identification Produced ''',0�� �~ the meeting or hearing, he or she will need a record of the proceedings, and that,for such purpose, he or she may need to insure a verbatim record of the proceedings is made,which record includes the testimony & evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability whc needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711." March 30.2019 Kev West Uit¢er