Item J3J.3
t, 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
August 21, 2019
Agenda Item Number: J.3
Agenda Item Summary #5810
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
Yes
AGENDA ITEM WORDING: Discussion and direction to staff regarding a request by the Monroe
County School Board ("School Board") for the BOCC to issue the School Board an easement or a
license allowing it to use County right-of-way on Stock Island as dedicated parking to satisfy unmet
parking requirements for the School Board's transportation and information facility on Stock Island,
rather than by meeting applicable parking requirements by other methods.
ITEM BACKGROUND: The Monroe County School Board ("School Board") is in the design
phase of developing a new transportation and information service facility ("TISF") on Stock Island.
A site plan and parallel parking plan are attached for reference. Monroe County Land Development
Code ("LDC") Chapter 114 - Article III ("Parking and Loading") sets forth the land development
regulations codifying the County's parking requirements. The School Board has represented that
satisfying the total number of on -site parking spaces required for this development is its primary
issue.
The LDC allows for a developer who does not meet on -site parking requirements to, through
individual parking agreements, obtain and utilize off -site parking situated on other nearby property.
The School Board has requested for County right-of-way on Stock Island's Sunshine Street to be
dedicated as parking for 13 parking spaces, and has represented that it has not attempted to seek a
parking agreement with any other nearby property owner to resolve this issue.
Florida Statute § 1013.371 exempts public educational and ancillary buildings, such as the School
Board's Stock Island development, from County building permitting requirements. However, the
subject development still must satisfy the requirements of the Monroe County Comprehensive Plan
and LDC. See F.S. 1013.371(1)(a); see also F.S. 1013.01(1); see also Op. Att'y Gen. Fla. 2004-42
(Sept. 14, 2004); see also Op. Att'y Gen. Fla. 89-31 (May 18, 1989); see also Op. Att'y Gen. Fla.
79-37 (April 9, 1979). This limited exemption does not extend to authorize use of County right-of-
way as dedicated parking without BOCC approval.
Counsel for the School Board has requested for County staff to place this item on the BOCC agenda,
requesting discussion on whether to direct County staff to draft a license or an easement allowing the
Packet Pg. 1333
J.3
School Board to use County right-of-way, located adjacent to its Stock Island property, as dedicated
parking to satisfy unmet parking requirements. Counsel for the School Board has represented that
the School Board will pay for the design, construction and maintenance of the on -street parking
spaces in the County right-of-way.
The Monroe County Code(s) do not authorize issuance of a right-of-way permit for dedicated
parking/approving dedicated parking on right-of-way held by Monroe County, and the Code(s) do
not otherwise provide a legal mechanism for staff to administratively allow use of Monroe County -
held right-of-way as dedicated parking. While the County Engineer is authorized, under the County
Code(s), to issue right-of-way permits allowing for improvements to be made to or upon existing
County -held right(s)-of-way, the Code(s) do not vest the County Engineer with authority to
authorize use of County -held right-of-way as dedicated parking.
If the BOCC grants the School Board the ability to develop these 13 on -street parking spaces
through a license or an easement dedicating the County's right-of-way, the School Board may then
submit an administrative variance application to the Planning Director requesting a reduction of up
to 20 percent of its required off-street parking spaces, which the Planning Director may consider
approving or denying.
To County staff s knowledge, the BOCC has never previously approved dedication of a Monroe
County right-of-way, or a portion thereof, as dedicated parking.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Direction on whether to draft a parking license agreement or
parking dedication easement.
DOCUMENTATION:
Aerial of School Board Transportation Facility Parcel - Stock Island
TISF Site Plan (Removed Parking)
TISF Parallel Parking Plan
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
Packet Pg. 1334
J.3
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
If yes, amount:
Cheryl Cioffari
Completed
Peter Morris
Completed
Assistant County Administrator Christine
Hurley
08/06/2019 1:56 PM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
08/06/2019 9:41 AM
08/06/2019 9:47 AM
Completed
08/06/2019 2:48 PM
08/06/2019 4:23 PM
08/06/2019 4:25 PM
08/21/2019 9:00 AM
Packet Pg. 1335
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