Item R1 R.1
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
May 22, 2019
Agenda Item Number: R.1
Agenda Item Summary #5509
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
5:01 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Second 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.
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.
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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,
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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.
• April 17, 2019 —BOCC considered the proposed text amendment during the first required
public hearing pursuant to Florida Statute 125.66(4)(b).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment.
DOCUMENTATION:
2018-208 BOCC SR 05.22.19
2018-208 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
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Estimated Ongoing Costs Not Included in above dollar amounts: N/A
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 05/02/2019 1:51 PM
Steve Williams Completed 05/02/2019 2:12 PM
Maureen Proffitt Completed 05/02/2019 2:26 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 10:39 AM
Budget and Finance Completed 05/03/2019 12:27 PM
Maria Slavik Completed 05/03/2019 1:03 PM
Kathy Peters Completed 05/06/2019 10:44 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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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: May 7, 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: May 22, 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 7
30 Commissioners (BOCC)"the Applicant," to amend the Monroe County Land Development Code to
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 Land Development
46 Code text amendment was held on November 26, 2018 in Marathon and provided for public input.
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I There were two members of the public in attendance who provided general feedback on the item and
2 asked whether the Parks Committee had reviewed the proposed text 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 • April 17, 2019 — BOCC considered the proposed text amendment during the first required
23 public hearing pursuant to Florida Statute 125.66(4)(b).
24
25 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
26 `�
27 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined). 17
28 ri
29 ***** `O
i
30 Sec. 130-93. Suburban Commercial District(SC).
31
32 (a) The following uses are permitted as of right in the Suburban Commercial district:
co
33 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium 01
34 intensity, and of less than 2,500 square feet of floor area;
00
35 (2) Institutional residential uses, involving less than ten dwelling units or rooms;
36 (3) Commercial apartments involving less than six dwelling units;
37 (4) Commercial recreation uses limited to:
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38 a. Bowling alleys;
39 b. Tennis and racquetball courts;
40 c. Miniature golf and driving ranges;
41 d. Theaters;
42 e. Health clubs; and
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I f. Swimming pools;
2 (5) Institutional uses;
3 6 Parks,
4 (67)Public buildings and uses;
5 (78) Accessory uses;
6 (99) Vacation rental use of nonconforming detached and attached dwelling units, if a special
7 vacation rental permit is obtained under the regulations established in section 134-1;
00
8 (910) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
00
9 (191) Attached wireless communications facilities, as accessory uses,pursuant to section 146-
10 5(d); a
11 (14-2) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
12 (1-23) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- �
13 5(e); 0
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14 (1-3-4) Satellite earth stations, as accessory uses,pursuant to section 146-5(f);
15 (145) Attached and detached dwellings involving less than six units, designated as employee
16 housing as provided for in section 139-1; and
a
17 (1-6) Wastewater nutrient reduction cluster systems that serve less than ten residences.
18
19 (b)The following uses are permitted as minor conditional uses in the Suburban Commercial district,
20 subject to the standards and procedures set forth in chapter 110, article III: X
21 *****
22 (8)Parks. ,,,,a
23 (98) Attached and detached dwellings involving six to 18 units, designated as employee
24 housing as provided for in section 139-1; and- �!
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25 i
26 (4-99) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life
27 parks and drive-in theaters,provided that:
28 a. The parcel of land proposed for development does not exceed five acres; coo
00
29 b. The parcel proposed for development is separated from any established
00
30 residential use by a class C bufferyard; and
31 c. All outside lighting is designed and located so that light does not shine directly on
32 any established residential use a
33 *****
34
35 IV. ANALYSIS OF PROPOSED AMENDMENT
36
37 Parks are currently permitted as-of-right in the Mixed Use (MU), Park and Refuge (PR) and Suburban
38 Residential—Limited(SR-L) zoning districts. In Suburban Residential (SR),parks without pools and/or
39 tennis courts are permitted as-of-right and parks with swimming pools and/or tennis courts require a
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I minor conditional use permit. The table below indicates how parks are permitted within each of the
2 zoning districts:
3
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 00
Conservation (CD) n/a
a�
Destination Resort (DR) n/a
Improved Subdivision (IS) minor CUP
Improved Subdivision—Duplex (IS-D) minor CUP
4-
Industrial (I) n/a 0
Mainland Native Area(MN) n/a
Maritime Industries (MI)(') n/a (s
U)
Military Facilities (MF) n/a
IL
Mixed Use (MU) as of right
Native Area(NA) minor CUP (passive)
Offshore Island(OS) n/a E
Park and Refuge (PR) as of right X
Preservation (P) n/a
Recreational Vehicle (RV) minor CUP
Sparsely Settled Residential (SS) minor CUP
Suburban Commercial (SC) minor CUP
as of right (excluding tennis courts ri
Suburban Residential (SR) and swimming pools) i
minor CUP (including community
tennis courts and swimming pools)
Suburban Residential (Limited) (SR-L) as of right �
Urban Commercial (UC) minor CUP 00
Q
Urban Residential (UR) minor CUP 00
Urban Residential= labile Horne(URI C). nfaj Or,,CUP
Urban Residential Mobile Home-Limited (URM-L) n/a
4
5 LDC Section 101-1 defines a park as an active or passive recreational facility operated for the benefit of
6 the general public by a public or quasi-public agency. Many times parks contain public buildings
7 including community centers and restrooms.
8
9 Uses that are permitted as of right within the SC zoning district include public buildings and uses, and
10 commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both of these
11 permitted as of right uses function and exhibit similar characteristics to a publically owned park.
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I Therefore, it is reasonable to require the same level of review, as-of-right, to permit the development of
2 parks as it is to permit public buildings and commercial recreation uses.
3
4 The proposed amendment will not affect the current maximum land use intensity or residential density
5 within the SC zoning district.
6
7 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
8
9 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 00
10 158(d)(7)(b): N
11 00
12 1. Changed projections (e.g., regarding public service needs) from those on which the text or N
13 boundary was based;
14 Per the Applicant:
There, is a need for additional parks in Monroe County. This proposed UK' text amendment would
reduce unnecessary administrative burdens allowing,the county to develop park more easily and cu
U)
_..
15 morc. quickly.
.m ........... . ... ...... .......__.. ............ _________ _. U)
16
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17 2. Changed assumptions (e.g., regarding demographic trends);
18 N/A
19
20 3. Data errors, including errors in mapping, vegetative types and natural features described in X
21 volume 1 of the plan;
�s
22 N/A
23
24 4. New issues; LO
i
25 Per the Applicant:
`]`here is an increased need for public parks in Monroe County, The current I.DC for SC` districts
.__ �_.__ ......_..__.....
does not allow for parks `as of right"", requiring re-zoning and/or restrictive. conditions to allow 0
__...__ _ _._.._ -----------
development of public parks he proposed change will allow parks as an allowable use in SC 001
districts as of right, making the planning, design and development process more flexible, allowing 00
26 the County to adapt to changing condition, commuinity needs and funds availability,
27
28 LDC Section 101-1 defines a park as an active or passive recreational facility operated for the
29 benefit of the general public by a public or quasi-public agency. Many times parks contain public
30 buildings including community centers and restrooms.
31
32 Uses that are permitted as of right within the SC zoning district include public buildings and uses,
33 and commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both
34 of these permitted as of right uses function and exhibit similar characteristics to a publically
35 owned park.
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1
2 The proposed amendment will not affect the existing land use intensity or residential density
3 within the SC zoning district.
4 5. Recognition of a need for additional detail or comprehensiveness; or
5 N/A
6
7 6. Data updates;
8 N/A 00
9 00
10 In no event shall an amendment be approved which will result in an adverse community change
11 to the planning area in which the proposed development is located or to any area in accordance
12 with a livable communikeys master plan pursuant to findings of the board of county
13 commissioners.
a
as
14 The proposed text amendment is not anticipated to result in an adverse community change. All 0
15 development shall be required to comply with level of service, concurrency, the regulations set forth
16 in the Land Development Code and the Florida Building Code.
U)
17
IL
18 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
19 PRINCIPLES FOR GUIDING DEVELOPMENT AND FLORIDA STATUTES
20
21 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
22 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
23
24 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the .�
25 safety of County residents and visitors, and protect valuable natural resources.
26
27 Objective 101.5 Ls
28 Monroe County shall regulate future development and redevelopment to maintain and enhance
29 the character of the community and protect natural resources by providing for the compatible
30 distribution of land uses consistent with the designations shown on the Future Land Use Map.
31 co
32 Policy 101.5.6 001
33 The principal purpose of the Mixed Use/Commercial(MC)future land use category is to provide
00
34 for the establishment of mixed use commercial land use(zoning) districts where various types of
35 commercial retail and office may be permitted at intensities which are consistent with the
36 community character and the natural environment. Employee housing and commercial
37 apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to E
38 establish and conserve areas of mixed uses,which may include maritime industry,light industrial
39 uses, commercial fishing, transient and permanent residential, institutional, public, and
40 commercial retail uses.
41
42 This future land use category is also intended to allow for the establishment of mixed use
43 development patterns, where appropriate. Various types of residential and nonresidential uses
44 may be permitted; however, heavy industrial uses and similarly incompatible uses shall be
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I prohibited. The County shall continue to take a proactive role in encouraging the preservation
2 and enhancement of community character and recreational and commercial working waterfronts.
3 In order to protect environmentally sensitive lands, the following development controls shall
4 apply to all hammocks,pinelands, and disturbed wetlands within this land use category:
5 1. only low intensity commercial uses shall be allowed;
6 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
7 3. maximum net residential density shall be zero.
8
9 Objective 1201.2 00
cv
10 Monroe County shall secure additional acreage for use and/or development of resource based 00
11 and activity-based neighborhood and community parks consistent with the adopted level of
12 service standards.
13
14 Policy 1201.2.4
15 In selecting sites for future activity-based neighborhood and community parks, Monroe County 4-
16 shall give priority to sites which have been previously disturbed or scarified. The County shall
17 avoid acquiring sites for activity-based parks which will result in potential disturbances to
18 sensitive natural resources including but not limited to:
19 1. high quality undisturbed pineland and hammock vegetation;
20 2. documented habitat of species designated as rare or endangered by the state and
21 federal governments;
22 3. undisturbed beach/berm; and
23 4. undisturbed mangrove, salt marsh, buttonwood and freshwater wetlands.
24 When park sites are acquired which include sensitive natural resources, then the park plan (See
25 Policy 1201.3.5 and 1201.3.7) and the park management plan (See Policy 1201.7.1 and �s
26 1201.7.2) shall designate such areas for passive recreation and shall avoid potential adverse
27 impacts of park development and use upon those resources.
28 cv
29 Objective 1201.3 LO
30 Monroe County shall make available adequate and accessible active recreation facilities at
31 county-owned resource-based and community-based neighborhood and community parks
32 consistent with the adopted level of service standards and the Recreational Guidelines.
�s
33
34 Policy 1201.3.9 001
35 Monroe County shall continue to ensure access to publicly-owned recreation and open space
00
36 areas and accessible facilities, including beach and shoreline areas, for all Monroe County
37 residents and visitors.
38
39 B. The amendment is consistent with the Principles for Guiding Development for the Florida
40 Keys Area, Section 380.0552(7), Florida Statutes.
41
42 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
43 with the principles for guiding development and any amendments to the principles,the principles
44 shall be construed as a whole and no specific provision shall be construed or applied in isolation
45 from the other provisions.
46
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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 by providing for the construction, operation, "ei
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.
0
35 (j) Ensuring the improvement of nearshore water quality by requiring the construction and co i
00
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.
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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 ri
31 strategies, generally provided as goals, objectives, and policies, shall describe how the local LOi
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
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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.
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27
28 VIII. STAFF RECOMMENDATION
29
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30 Staff recommends approval of the proposed amendment. ri
31
32 IX. EXHIBITS
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33
34 1. Ordinance co
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISS101NERS
8
9 ORDINANCE NO. -2019 00
10
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12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF C14
13 COUNTY COMMISSIONERS SSIONERS AMENDING MONROE COUNTY
14 LAND DEVELOPMENT CODE SECTION 130-93, SUBURBAN
15 COMMIVIERCIAL DISTRICT (SC), TO ALLOW PARKS TO BE
16 PERMITTED AS OF RIGHT IN THE SC LAND USE (ZONING)
17 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
18 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
21 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
22 FOR AN EFFECTIVE DATE.
23 E
24
25 WHEREAS, on December 11, 2018, the Planning and Environmental Resources
26 Department received an application from the Public Works Department on behalf of the Monroe �s
27 County Board of County Commissioners "the Applicant," to amend the Monroe County Land
28 Development Code Section 130-93 to allow parks as a permitted as of right use in the Suburban
29 Commercial (SC) land use (zoning) district;
30
31 WHEREAS, on November 26, 2018 a community meeting was held, as required by LDC
32 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to 001
33 provide for public participation;
3400
35 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee
36 (DRC) reviewed the proposed amendment at a regularly scheduled meeting and recommended
37 approval;
38
39 WHEREAS, 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;
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I WHEREAS, at a regularly scheduled meeting held on the 17`h 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
10 proposed ordinance;
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12 WHEREAS, at a regularly scheduled meeting held on the 22°d day of May, 2019, at 1
13 5:01pm, 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
17 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: U)
20
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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. 380.0552(7), F.S.; and
25 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
26 and
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27 4. The proposed amendment is necessary due to changed projections, changed
28 assumptions and new issues, as required by Section 102-158 of the Monroe County
29 Code.
30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 0i
32
33 Section 1. The Monroe County Land Development Code is hereby amended as follows:
34
[Proposed Amendment (deletions are strieken thfeg#; additions are shown in underlined).
35 E
36 *****
37 Sec. 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;
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1 (4) Commercial recreation uses limited to:
2 a. Bowling alleys;
3 b. Tennis and racquetball 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 Parks
10 (67) Public buildings and uses;
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11 (7B) Accessory uses;
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12 (89) 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 iz
14 134-1;
15 (910) Collocations on existing antenna-supporting structures, pursuant to section 146-
16 5(c);
17 (101) Attached wireless communications facilities, as accessory uses, pursuant to U)
18 section 146-5(d);
19 (142) Replacement of an existing antenna-supporting structure pursuant to section 146-
20 5(b);
21 (1-23) Stealth wireless communications facilities, as accessory uses, pursuant to section
22 146-5(e);
23 (1-34) Satellite earth stations, as accessory uses, pursuant to section 146-5(f);
24 (145) Attached and detached dwellings involving less than six units, designated as
25 employee housing as provided for in section 139-1; and
26 (I-SM Wastewater nutrient reduction cluster systems that serve less than ten residences.
27
28 (b) The following uses are permitted as minor conditional uses in the Suburban Commercial
29 district, subject to the standards and procedures set forth in chapter 110, article III:
30
31 *****
32 (8) Parks; d
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33 (98) CD
Attached and detached dwellings involving six to 18 units, designated as cv
34 employee housing as provided for in section 139-1; and.. 00
Ir-
35
36 (109) Commercial recreation uses (indoor and outdoor), excluding amusement or sea
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. Severability. 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,
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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
3 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 00
10 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
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12 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
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.
17 U)
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, U)
20 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
21 uniform marking system of the Code.
22
23 Section 7. Effective Date. This ordinance shall become effective contingent on
24 effectiveness of the corresponding amendments to the Monroe County Year 2030
25 Comprehensive Plan and as provided by law and stated above.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
28 Florida, at a regular meeting held on the 22"d day of May, 2019.
29
30 Mayor Sylvia Murphy
31 Mayor Pro Tem Danny L. Kolhage 0
32 Commissioner Heather Carruthers 00
33 Commissioner Michelle Coldiron
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34 Commissioner David Rice
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38
39 BY
40 MAYOR SYLVIA MURPHY
41 (SEAL)
42 MO OE COtJN?'10
43 ATTEST: KEVIN MADOK, CLERK A D Ag
r
44
,.r 'W AP2L'�OIR
45 DEPUTY CLERK ate SIANy
22
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