Item R1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
AGENDA ITEM WORDING:
The second of two required public hearings to consider an Ordinance establishing Section 130-131 of the Monroe County
Code, creating a new overlay district, entitled the Rockland Key Commercial Retail Center Overlay District, and its
associated regulations.
ITEM BACKGROUND:
A private applicant is proposing this Ordinance. Originally, the applicant proposed a text amendment to the Monroe
County Code (MCC) allowing commercial retail use on Tier 3 parcels within the Lower Keys ROGO subarea's Industrial
(I) districts. Staff and the Planning Commission recommended denial of the original proposal and the applicant chose to
not proceed to the BOCC. Instead, the applicant proposed a revised text amendment to establish a new overlay district, the
Rockland Key Commercial Retail Center Overlay District, with the regulations to be set forth in a new MCC section, 130-
131. Further, through a separate map amendment process, the applicant proposed the boundaries for the overlay district,
to be defined on the Official Land Use District Map (which will be considered on April 17, 2013 subsequently to this
Ordinance if this Ordinance is approved by the BOCC).
As proposed, the overlay district would be available for property owners on Rockland Key, which, at this time, is
predominately within an Industrial (I) district. Affected properties would maintain their underlying existing land use
(zoning) district designations. An overlay district is an area where certain additional or different requirements are
superimposed upon an underlying land use (zoning) district. Requirements of, and regulations related to, the base or
underlying district may or may not be altered. The purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the community.
The revised text amendment application was reviewed by the DRC on November 13, 2012. At the meeting, the
committee requested several revisions to the initial draft submitted with the application. During a regularly scheduled
meeting held on November 28, 2012, the Planning Commission reviewed the subject request and recommended approval
of a second draft to the BOCC with revisions.
On January 16, 2013, the BOCC held its first of two required hearing on the application. The BOCC reviewed the overlay
district and requested certain issues to be addressed prior to the second hearing, including:
• Maximum building size
• Detailed public improvements including public space as well as reservation of space for community services
• Requirement to enter into a development agreement to address US 1 impacts and improvements to support the
proposed development, the timing of such US 1 improvements, and alternative modes of transportation (i.e. mass
transit)
• Affordable housing provisions
• Shared use in the event of a hurricane or other storm event
• Sound attenuation
• Industrial land preservation
The following includes the applicant's current proposed parameters with current areas of difference between the applicant
and staff recommendations (note: the Planning Commission did not review the changes made after their November 28,
2012 public hearing):
Section - Issue
Applicant
I Staff
(d)(4) — Maximum size of a
building
The applicant reduced the total from 240,000
s . ft. to 175,000 s . ft. and provided
1 Issued partially resolved between the
applicant and staff. Staff can support the
(d)(4) — Maximum amount
of floor area in Overlay
district
(d)(5) — Public
improvements
(d)(10) Affordable Housing
(d)(11) Boundary Buffers
(d)(12) Hurricane
preparedness
mandatory, written design guidelines which
will prevent a large building from looking
like a big box.
The applicant reduced the requested
maximum from 400,000 sq. ft. to 350,000 sq.
ft.
The applicant provided a development
agreement requirement with codified,
minimum provisions which must be included
in any such agreement. In general, the
agreement would require the construction
and donation or nominal lease to the County
($1/year for 20 years) of a 5,000 sq. ft. public
facility with a meeting room having a 200
seat capacity and neighborhood -oriented
space; the construction of at least 10,000 sq.
ft. of leasable space for community -oriented
businesses; the construction of mass
transit/bicycle facilities and infrastructure;
and the purchase of a bus to be donated to
Key West transit.
No CO may be issued for retail development
under until the existing inventory of
affordable housing units within a radius of
15 miles has been increased over the 2012
inventory by no fewer than 50 new units of
affordable housing
Property within the overlay district shall
maintain boundary buffer requirements
consistent with the Industrial land use district
or a class A buffer, whichever is greater.
Parking facilities in the overlay district shall
be made available for use by the County for
the storage of official vehicles in advance of
major storm events, if the County deems
such use necessary and is regulated by
PREVIOUS RELEVANT BOCC ACTION:
January 16, 2013 — BOCC held first of two required public hearings.
CONTRACT/AGREEMENT CHANGES:
n/a
175,000 sq. ft. max building size if a few
minor, technical changes are made to the
design guidelines as shown in green in the
staff report/ordinance
Staff is maintaining its recommendation
for a maximum of 300,000 sq. ft.
Issued resolved between the applicant and
staff. Staff can support the applicant's
current provisions if a few minor changes
are made to the text.
Several affordable housing projects, in
which the developer has no association,
are currently underway and approximately
50 units are scheduled to COW by the
end of 2013. This minimum standard does
not adequately link the housing needs of
the additional employees that will be
required for the new development. Staff
has proposed alternate language requiring
that the developer a) build 50 affordable
housing units; b) link the commercial
project to 50+ unit affordable housing
project; c) carry out alternative
compliance consistent with required for
inclusionary housing; or d) a combination
of the a-c.
Staff has modified to a class C buffer for
boundaries not adjacent to a shoreline or
US 1. Along US, 1, a class D buffer,
which is requires more vegetation than a
class A, is already required.
Staff does not object to this provision and
supports its inclusion.
STAFF RECOMMENDATIONS:
Staff recommends approval with revisions as presented in the staff report and ordinance.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DOCUMENTATION: Included
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
DISPOSITION:__ AGENDA ITEM #
a4o� cbfr
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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: April 2, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ESTABLISHING MONROE COUNTY CODE SECTION 130-
131, ROCKLAND KEY COMMERCIAL RETAIL CENTER OVERLAY DISTRICT;
TO CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT ALLOWS
COMMERCIAL RETAIL DEVELOPMENT, TO ESTABLISH MAXIMUM FLOOR
AREA RATIOS FOR SUCH COMMERCIAL RETAIL DEVELOPMENT,
PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: April 17, 2013
1
2 I REQUEST
3
4 A private applicant, represented by Trepanier & Associates, Inc., is proposing amendments to the
5 text of the Monroe County Code (MCC). The amendment would establish a new overlay district
6 in the Land Development Code: the Rockland Key Commercial Retail Center Overlay District.
7 The regulations associated with the overlay district would be set forth in a new section, MCC
8 §130-131.
9
10 This staff report is for the second of two required public hearings. The first required public
11 hearing was held on January 16, 2013.
12
13 As proposed, the overlay district would be available for property owners on Rockland Key,
14 which, at this time, is predominately within an Industrial (I) land use district.
15
16 Through a separate map amendment process, this overlay district would be defined on the
17 Official Land Use District Map. Affected properties would maintain their underlying existing
18 land use (zoning) district designations.
19
20 An overlay district is an area where certain additional requirements are superimposed upon an
21 underlying zoning district. Requirements of, and regulations related to, the base or underlying
22 district may or may not be altered. The purpose of the proposed overlay district is to address
Page 1 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
1 special land use circumstances of Rockland Key and the Lower Keys related to the commercial
2 retail needs of the community.
3
4 Following the review by the Development Review Committee (DRC) on November 13, 2012,
5 the applicant provided a revised draft of the amendment on November 19, 2012. The revised
6 amendment addressed some, but not all, of the DRC's requested modifications.
7
8 Following the review by the Planning Commission on November 28, 2012, the applicant
9 provided a revised draft of the amendment on December 5, 2012. The revised amendment
10 addressed some, but not all, of the Planning Commission's requested modifications.
11
12 Following the first review by the BOCC on January 16, 2013, the applicant provided a revised
13 draft of the amendment on March 18, 2013. The revised draft addresses many of the suggestions
14 and comments of the Commissioners. In addition, it incorporates some of the requested
15 modifications by staff and the Planning Commission, not made in the December 5, 2012 draft.
16 The most recent amendment, as prepared by the applicant, is provided in Attachment A.
17
18 Note: An original draft of the amendment prepared by the applicant included provisions
19 regarding the applicability of the NROGO in the new overlay district. As staff was already
20 drafting a separate amendment to the text of the MCC to revise the regulations associated with
21 the NROGO, the applicant agreed to remove provisions directly related to the overlay district if
22 staff processed the NROGO amendment before or concurrently with the overlay district
23 amendment. A draft of the NROGO amendment has been reviewed by the DRC (on August 28,
24 2012) and the Planning Commission (on March 27, 2013). The NROGO amendment is
25 scheduled for review and consideration by the BOCC at a public hearing on April 17, 2013 as
26 well.
27
28 II RELEVANT PRIOR COUNTY ACTIONS:
29
30 Concerning the Industrial (I) land use district, the regulations related to the permitted uses of the
31 district were initially codified into the MCC in 1986 (Ordinance #033-1986, with a revision by
32 Ordinance #021-1989). The MCC section - §130-82 (formerly §9.5-249) - has been amended
33 several times since 1986 (Ordinances #028-1999, #047-2000, #027-2001, #033-2001, #003-2002
34 and #037-2006). The regulations related to the permitted land use intensities of the district were
35 initially codified into the MCC in 1986 (Ordinance #033-1986). The MCC section - §130-164
36 (formerly §9.5-262) - has been amended since 1986 (Ordinances #026-1995 and #041-2003).
37
38 The applicant originally proposed amendments to MCC § 130-82, § 130-164 and § 138-50. The
39 originally proposed amendments affected the Industrial (I) land use district by allowing an
40 additional land use, commercial retail (however, as drafted, the amendment would have affected
41 only properties within the Lower Keys ROGO Subarea with Industrial future land use and tier 3
42 designations). In addition, the amendment included related modifications to land use intensities
43 and exceptions to the Nonresidential Rate of Growth Ordinance (NROGO) regulations. Staff did
44 not support this requested amendment and recommended denial.
45
Page 2 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
I During a regularly scheduled meeting held on March 27, 2012, the DRC conducted a review of
2 the original request and the planning director signed Resolution #DRC 08-12 on April 3, 2012,
3 recommending denial to the BOCC.
4
5 During a regularly scheduled public meeting held on May 30, 2012, the Planning Commission
6 conducted a review of the original request and planning commission chair signed Resolution
7 #P23-12 on June 27, 2012, recommending denial to the BOCC.
8
9 Following the recommendations of denial, the applicant opted to revise the application to
10 establish a new overlay district rather than continue with having the originally proposed
11 amendments heard and decided upon by the BOCC.
12
13 In addition, the applicant submitted an additional request for a map amendment to establish the
14 boundaries of the proposed overlay district. The map amendment application (Planning
15 Department File #2012-142) is being reviewed concurrently with this text amendment
16 application.
17
18 During a regularly scheduled meeting held on November 13, 2012, the DRC conducted a review
19 of the revised request and the planning director signed Resolution #DRC 20-12 on November 30,
20 2012, recommending denial to the BOCC unless the applicant carried out revisions discussed at
21 the DRC meeting.
22
23 During a regularly scheduled public meeting held on November 28, 2012, the Planning
24 Commission conducted a review of the revised request and planning commission chair signed
25 Resolution #P47-12 on January 9, 2013, recommending approval to the BOCC if the applicant
26 carried out specified revisions.
27
28 Two public hearings of the BOCC are required for any text amendment affecting permitted uses.
29 The first public hearing was held on January 16, 2013.
30
31 III PROPOSAL
32
33 The applicant is recommending the establishment of a new section, MCC § 130-131. At this
34 time, the applicant is only proposing new language within the MCC. The applicant is not
35 proposing that any existing language be deleted or amended. An unmodified version of the
36 applicant's proposal is provided in Attachment A.
37
38 The proposed text —whether presented by the applicant, staff or the Planning Commission —is
39 new and existing text shall not be affected. Areas of disagreement between the applicant, staff
40 and/or the planning commission are identified within shaded text boxes. In addition, within
41 those text boxes, text proposed by the applicant is erlined in dashes een text_box , text
------------ - ----- - -
42 recommended by Growth Management Division staff is derlined le text boxA, and text
43 recommended by the planning commission is k—�le underlined (blue text box)l.
44
45 Note: This is staffs current recommendation. As additional information becomes available and
46 public comment is provided, staff reserves the right to request additional revisions.
Page 3 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
1
2
3
4 Section 130-131. Rockland Key Commercial Retail Center Overlay District
5
6 (a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center Overlay
7 District is to implement applicable goals, objectives, and policies of the comprehensive plan
8 and to allow larger -scale commercial retail development in a non -environmentally sensitive
9 area of the Lower Keys that primarily serves the needs of permanent residents of the Lower
10 Keys. The intent is to protect and maintain the character of the residential areas in the Lower
11 Keys by allowing larger -scale commercial retail development within the overlay district, a
12 scarified area that has historically been developed with nonresidential uses.
13
14 (b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
15 Section 130-131, Figure 1 and on the Official Land Use District Map:
16
17 Link to Section 130-131, Figure 1.
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19 (c) Environmental Protections. Prior to the construction of any commercial retail development
20 within the overlay district, in addition to the protections afforded in the comprehensive plan
21 and this Land Development Code, all mangrove wetlands and associated transitional / upland
22 buffer areas will be restored and preserved in accordance with established permit conditions.
23 On -site wetland preservation and enhancement will include the following:
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25 (1) Identified mangrove wetlands and associated transitional / upland buffer areas located on
26 the property will be placed under a perpetual conservation easement to be recorded in the
27 Public Records of Monroe County. The conservation areas within the conservation
28 easement may in no way be altered from their permitted state (excluding restoration
29 activities). Activities prohibited within the conservation areas include, but are not limited
30 to:
31 (a) Construction or placing of buildings, roads, signs, and/or other similar infrastructure
32 on or above the ground;
33 (b) Dumping or placing soil or material as landfill or dumping or placing of trash, waste,
34 or unsightly or offensive materials;
35 (c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
36 classified as invasive exotic;
37 (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
38 substances in such manner as to affect the surface;
39 (e) Surface use except for purposes that permit the land or water area to remain
40 predominantly in its natural condition;
41 (f) Activities or development detrimental to drainage, flood control, water conservation,
42 erosion control, soil conservation, or fish and wildlife habitat preservation, including
43 but not limited to ditching, diking or fencing;
44 (g) Activities or development detrimental to such retention of land or water areas;
Page 4 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
1 (h) Activities or development detrimental to the preservation of the structural integrity or
2 physical appearance of sites or properties of historical, architectural, archaeological,
3 or cultural significance; and
4 (i) Any land use not related to preserving the natural state of the conservation area.
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(2) A wetland restoration and preservation component that involves removal of fill material
from wetlands, planting of the transitional buffer area with 100% native vegetation,
removal of all invasive exotic vegetation, and fencing and signage at the limits of the
Conservation Easement will be implemented in conformance with South Florida Water
Management District ("SFWMD") permit requirements.
(3) A fully -compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential land
use intensities in subsection (2) shall be enforced, in lieu of section 130-164, Maximum
Nonresidential Land Use Intensities and District Open Space.
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of right in the overlay district:
1
Restaurants of 5,000 square feet or less of floor area;
2
Office uses of 5,000 square feet or less of floor area;
3
Commercial fishing;
4
Institutional uses;
5
Light industrial uses;
6
Public buildings and uses;
7
Accessory uses;
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2 ;
(9)
Collocations on existing antenna -supporting structures, pursuant to section
146-5 3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5 5 ; and
12
Satellite earth stations, as accessory uses, pursuant to section 146-5 6 .
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
1
Commercial retail uses of 10,000 square feet or less;
2
Restaurants of 5,001 to 20,000 square feet of floor area;
3
Office uses of 5,001 to 20,000 square feet of floor area; and
Page 5 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
(4)
1 New antenna -supporting structures, pursuant to section 146-5 1 .
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130-82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district. However, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102-56. However, superseding any regulations set forth in
section 102-56 to the contrary, upon issuance of a building permit for commercial retail
use on a parcel, any heavy industrial use or commercial apartment on that parcel shall
be terminated.
2 (2) Maximum Nonresidential Land Use Intensities and District Open Space. For the purposes
3 of this overlay district, uses with corresponding density/ intensity thresholds shall be
4 cumulative and utilize the floor area ratios as follows:
5
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
6
7 (3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
8 maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1 right
9 of way.
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11 Maximumoor area.
12 a__ An individual_ build* paycontain un to_175.000 square feet of floor - area if the
13 d-esign of jbe building_complies with the_followin design guidelines_
14 i__Facades_ Facades_equal to_or_greater than one _hundred _(,100) feet in_length,
15 I measured horizontally, shall incorporate wall plane projections or recesses having
Page 6 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
I a depth of at -least three M nercent_of the length of the -facade -and extending at
2 least twenty_C2OJ-pgrcent of the length of the_facade_No uninterrupted length of
3 any_facade shall exceed forty L40� horizontal feet_
4 ii._ Roofs_ Roofs shall have no less than two ,(2jof the following_ features_
5 1__ Parapets concealing flat roofs and rooftop_ equipment _such as HVAC units
6 from publicview. The averageheght of suchp 42gts shall not exceed fifteen
7 G 51 percent of the heipht of the supportin$ wall and such parapets shall not at
8 any_ point exceed one-third (1 /3,) of the height of the supporting_ wall._ (See
9 Figure 13 jSuchparapgts shall feature three=dimensional cornice treatment.
10 2__ Overhanging eaves, extending 1p less than three_l3)_feet ast the supporting
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walls,
3, _ Sloping roofs with an average slope greater than or equal to one_�1�_foot of
vertical rise for ev_erv_three (3) feet of horizontal run and less than or equal to
one (1) foot of vertical rise for ev_ervone 0) foot of horizontal run;
4__ Three (3) or more roof slope planes:
5,_ A specific architectural element proposed by_the applicant's architect that is
acceptable to the Planninig Director_
b_ _ No individual tenant space shall exceed 140.000 square feet_
c_ _ The cumulative total of all commercial floor area -within -the -overlay district -shall not
exceed a maximum floor area of 300.000 350.000 square feet.
(4) Maximum floor area.
a. An individual building may contain up to 175,000 square feet of floor area only if the
desian of the building complies with the following design requirements:
i. Building Facades. Facades equal to or greater than one hundred (100) feet in
length, measured horizontally, shall incorporate wall plane projections or recesses
having a depth of at least three (3) percent of the length of the facade and
extending at least twenty (20) percent of the length of the facade. No
uninterrupted length of any facade shall exceed forty (40) horizontal feet.
ii. Roofs. All buildings, regardless of size, shall incorporate at least two of the
following roof -related architectural features:
1. Overhanging eaves, extending no less than three (3) feet past the supporting
walls.
3. Sloping roofs with an average slope greater than or equal to one (1) foot of
vertical rise for every three (3) feet of horizontal run and less than or equal to
one (1) foot of vertical rise for everyone (1) foot of horizontal run.
4. Three (3) or more roof slope planes.
5. A specific architectural element proposed by the applicant's architect that is
acceptable to the Planning Director.
For any building with a flat roof and/or any building on which rooftop equipment
is installed, parapets shall be incorporated to conceal the flat roof and rooftop
equipment, such as HVAC units, from public view. The average height of such
parapets shall not exceed fifteen (15) percent of the height of the supporting wall
and such parapets shall not at any point exceed one-third (1/3) of the height of the
supporting wall. Such parapets shall feature three-dimensional cornice treatment.
iii. Material and/or color variation. A front building facade, regardless of the
building's size, shall include at least two material types and at least two colors.
Page 7 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
1 iv. Desi�,n consistency. Compatible and consistent design, materials and colors shall
2 be utilized for all new structures within the overlay district in order to make the
3 development as a whole more cohesive.
4 b. No individual tenant space shall exceed 140,000 square feet.
5 c. The cumulative total of all commercial floor area within the overlay district shall not
§ exceed a maximum floor area of 300,000 square feet.
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Re t&gd_public improvements_ AS Dart of and development application_inv_olying
commercial retail useiapprov_al of the application shall be memorialized by_DevelODment
Agreement between Developer and County and shall be contingent on:
a._The developer dedicating to the Counter �or_long term leasingfor_�1_perear.
minimum of-20 years) and constructing 4,000_sq._ft minlmumn200_seat_capacit
community meeting centerwith bathrooms and kitchen for�ublic meetings of non_
profit, for pro_fi_t. CountM_ or _community_ gM44izations_ on_ a first=come _first serve
basis,_and_ 1.000_sq_ ft.__ for _neighborhood=oriented_ services that _ will _be_ made
available by_ the County._ Operational Fees for the facility_may_ be charged by_ the
County,_ This facility_ must_ be C_O_'d prior_to, or concurrent with, issuance of_a
Certificate of Occupancy t0 any_commercial retail use.
b__ The -developer_ constructing and _making_ a_v_ailable_ for lease_ 10.000_ so.. _ft._of
commercial retail floor area consisting of no fewer than four (4j separate commercial
units, each no -large[ than 2,500 scZ_ft. for -neighborhood -oriented retail and -service
uses such as, but not_ limited -to animal_ clinics,_ coffee -shops/ tea-rooms. fitness
centers. _hair_ salons_ mail_ and shipping, _ serv_ices _ medical_ ofces, professional
serv_ices,or similar uses on a first come first serve basis.,
c. _ The developer -providing _ bike paths_ connecting the _development to the_ count
trail/US 1 system and a multi -modal transit stop for mass transit bicycle scooter, and
electric car charging system to facilitate use of mass transit and limit triers on US 1.
d__ The developer shall fund at least one City of Key_)kest bus purchase for use on the
Key West _Marathon route to provide better, more frequentpublic transit to alleviate
traffic on USI caused j2Xcommercial development:
(5) Required public improvements. Prior to submittal of any development application
involving commercial retail use, the developer shall enter into a development agreement
with the board of county commissioners in accordance with the procedures set forth in
section 110-33. The development agreement shall be contingent
a. The developer dedicating to the County (or long term leasing for $1 per year,
minimum of 20 years) and constructing a public facility, consisting of a minimum
i. A 200-seat capacity community meeting room, and
ii. Restroom and kitchen facilities: and
iii. 1,000 sq. ft. of area for neighborhood -oriented services that will be made
available by the County to users (i.e. hobby rooms or computer rooms).
Page 8 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
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The public facility may be utilized for meetings of non-profit, for -profit, County,
or community organizations, as well as other governmental and public entities, on
a first -come first serve basis. Operational Fees for the facility may be charged by
the County. This facility must a certificate of occupancy prior to, or concurrent
with, issuance of a certificate of occupancy for a building to be utilized by any
commercial retail use.
b. The developer constructing and making; available for lease 10,000 sq. ft. of
commercial retail floor area consisting of no fewer than four (4) separate commercial
units, each no larger than 2,500 sq. ft. for neighborhood -oriented retail and service
uses such as, but not limited to animal/veterinary clinics, fitness centers, hair
salons/barber shops, mail and shipping services, medical offices, professional
services, or similar neighborhood -oriented uses deemed acceptable by the planning
director on a first come basis.
c. The developer providing bicycle/pedestrian paths connecting the development to the
cog= trail system along the US 1 corridor and a multi -modal transit stop for mass
transit, which shall include designated areas for bicycle, scooter and motorcycle
parking and an electric car charging system to limit vehicle trips. The mass transit
stop shall include a covered and secure area for passengers waiting for transportation.
d. The developer funding at least one (1) City of Key West bus purchase for use on the
Key West — Marathon route to provide better, more frequent public transit to alleviate
(6) Traffic Impact Statement. Prior to any development approval including a minor or major
conditional use, a Traffic Impact Statement shall be required regardless of traffic
generated by development.
�7� Required_ IIS _1 _ improv_ements__Notwithstanding_ other_ro_v_isions__of _ the_ Land
Development Code, iLduringthe conditional use -permit approval process and after the
Traffic Impact Statement_is complete. based on FDOT standards. improvements to US-1
are warranted. the _dev_eloper-is responsible for -the funding of desgning, permitting,
installing_ and _ constructing_the _required _ iLnpuyements_ related _to -the _ proposed
deyelo�ment _prior to the_ issuance_ of a building hermit_ or _prior to a Certificate of
Occupancy_ if the applicant enters into a develoment agreement with the County -which
regulates the timingofthe improvements to US_1
(7) Required US I improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and after the
Traffic Impact Statement is complete, based on FDOT standards, improvements to US 1
are warranted, the developer is responsible for the funding of designing, permitting,
installing and constructing the required improvements related to the proposed
development prior to the issuance of a building_ permit or prior to a certificate of
occupancy if the applicant enters into a development agreement with the CogM which
Page 9 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
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9 (8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall meet
10 noise reduction levels for high noise zones. Measures to achieve a noise reduction level
11 of 30dB must be incorporated into design and construction of the habitable structures.
12 This shall be the minimum sound attenuation standard. The community meeting facility
13 required in subsection (d)(5) shall not be constructed in the most current 75 DNL area.
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(9)Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
(l OZ _ _ Affordable Housing._ No _Certificate _ of Occupancy _ may _ be _issued_ for retail
deyeloRin under this overlay_district until the existing inventory_ of a_ff_ordable housing
units within_a radius of _fifteen (15) miles has been increased over the 2012 inventory by
no fewer than 50 new units of affordable housing
(10) Affordable Housing. Prior to the issuance of a certificate of occupancy for
commercial retail use of greater than 10,000 sq. ft. within the overlay district, the
developer shall a) construct 50 new affordable housing units in the Lower Keys ROGO
subarea or b) provide alternative compliance for 50 new affordable housing units,
utilizing one of more of the methods set forth in section 130-161, which includes i) the
deed -restriction of existing dwelling units, ii) in -lieu fees and iii) land donation, or iv)
linkage to an affordable housing project or projects pursuant to section 130-161(c) where
at least 50 new affordable housing units (not required by another project) are constructed
in the Lower Keys ROGO subarea. A combination of a) and b)i, b)ii, b)iii and/or b)iv
(111__ Boundary_Buffers_ Property within the overlay district shall maintain -boundary buffer
requirements_ consistent with the_ Industrial_ land _use _district _or a _Class A_ buffer,
whichever is grq4iLgr..
(11) Boundary Buffers. Prior to the issuance of a commercial retail use of greater than
10,000 sq. ft. within the overlay district, the applicant shall install a class "D" bufferyard
along; the boundary of the overlay district adjacent to US 1 and class "C" bufferyards
45 (12) Hurricane Preparedness. To further the goals of Monroe County to be prepared for
46 hurricanes and to assist in the clean up afterwards, parking facilities in the overlay district
47 shall be made available for use by Monroe County for the storage of official vehicles in
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advance of major storm events, if Monroe County deems such use necessary and is
regulated by development agreement.
IV REVIEW
Criteria:
In order to be approved, a text amendment must be consistent with the provisions of MCC § 102-
158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3.
Data errors, including errors in mapping, vegetative types and natural features described in
volume I of the plan; 4. New issues; 5. Recognition of a need for additional detail or
comprehensiveness; or 6. Data updates.
While MCC §102-158(d)(5)(b) provides criteria for text amendments, the County must also
ensure that proposed amendments further the objectives, policies, land uses, densities/intensities
and level of service standards in the comprehensive plan. Specifically, the "Community
Planning Act" requires the adoption or amendment of land development regulations that are
consistent with and implement the adopted comprehensive plan (see Sections 163.3167, F.S.,
163.3194, F.S., and 163.3202, F.S.).
Further, as a designated Area of Critical State Concern (ACSC), pursuant to Sections 380.05 and
380.0552, F.S., the County's land development regulations must be consistent with Principles for
Guiding Development (PGD). The County must balance all the PGDs and ensure that land
development regulations are consistent with and implement the comprehensive plan.
Analysis:
The purpose of the proposed overlay district is to address special land use circumstances of
Rockland Key and the Lower Keys. As currently intended, it would only be available for
property owners on Rockland Key who have Industrial (I) land use district designations.
Note: There are areas designated as Native Area (NA)/Residential Conservation (RC) within the
boundaries of the proposed overlay. Although these areas may be incorporated into the boundary
overlay, the inclusion of language recommended by staff and the planning commission would
prohibit the development of such areas, other than with uses ordinarily permitted in the
underlying NA land use district.
Consistency of the proposed amendment with the provisions and intent of the Monroe County
Comprehensive Plan:
Staff has determined that the proposed text amendment is not inconsistent with the provisions
and intent of the Year 2010 Comprehensive Plan.
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The applicant is not proposing an amendment to the FLUM designation of Industrial (I).
Policies from the 2010 Comprehensive Plan that directly pertain to the proposed amendment
include:
Policy 101.4.7: The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other
commercial, public, residential, and commercial fishing -related uses are also allowed.
The applicant is proposing the addition of a single new use- commercial retail. Although
commercial retail uses not permitted in the Industrial (I) land use district per the Monroe
County Code, commercial retail uses may be allowed in the Industrial (I) FLUM category per
the Comprehensive Plan.
Policy 101.4.21: Monroe County hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use Map and
described in Policies 101.4.1 - 101.4.17:
Future Land Use Densities and Intensities
Future Land Use Category
And Corresponding Zoning
Allocated Density
(per acre)
Maximum Net
Density
(per buildable
acre
Maximum
Intensity
(floor area ratio)
Industrial (I)
I and MI zoning)
1 du
0 rooms/spaces
2 du
N/A
0.25-0.60
All of the proposed land use intensities would be within the ranges provided in Policy
101.4.21 for the Industrial (I) FLUM category. Specifically, the applicant is proposing:
• The establishment of a FAR for commercial retail uses.
• The establishment of a FAR for institutional uses (note: institutional uses are permitted in
the Industrial (I) district; however for unknown reasons a FAR is not provided for such
uses).
• Removing a FAR for heavy industrial uses as the use would not be permitted in the
overlay district.
• Removing the specific FAR for restaurant uses as restaurants would be permitted as
commercial retail uses and subject to the newly established FAR's for commercial retail
uses.
• Removing the density for commercial apartments as the use would not be permitted in the
overlay district.
Land Use
Proposed Floor
Existing Floor Area
Area Ratio for Overlay
Ratios for Industrial (I)
Light Industrial
0.40
0.40
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Heavy Industrial
N/A
0.25
Public
0.40
0.40
Restaurants
N/A
0.30
Office
0.40
0.40
Institutional
0.40
N/A
Commercial Retail
Low Intensity
0.45
N/A
Medium Intensity
0.40
N/A
High Intensity
0.35
N/A
Commercial Fishing
0.40
0.40
Land Use
Proposed Densityfor
Overlay
Existing Densityfor
Industrial (1)
Commercial Apartments
1 unit /acre
(2 units / buildable acre
for maximum net)
N/A
Consistency of the proposed amendment with the provisions and intent of the Monroe County
Code, Land Development Code:
The BOCC may consider the adoption of an ordinance enacting the proposed change based on
one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based:
The applicant has asserted that there are changed projections related to the public service
needs of residents of the Lower Keys.
During the process, several members of the Lower Keys community have stated that
there is a need for local public and commercial retail options at the public meetings.
2. Changed assumptions (e.g., regarding demographic trends):
Staff has not identified any changed assumptions that would necessitate the establishment
of the proposed overlay district.
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume 1 of the Year 2010 Comprehensive Plan:
Staff has not identified any data errors that would necessitate the establishment of the
proposed overlay district.
4. New issues:
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The applicant has asserted that there are new issues related to the commercial retail needs
of residents of the Lower Keys.
During the process, several members of the Lower Keys community have stated that
there is a need for local public and commercial retail options at the public meetings.
5. Recognition of a need for additional detail or comprehensiveness:
Staff has not identified any recognition of a need for additional detail or
comprehensiveness that would necessitate the establishment of the proposed overlay
district.
6. Data updates:
Staff has not identified any data updates that would necessitate the establishment of the
proposed overlay district.
Other Land Development Code requirements related to a site's land use district designation (i.e.
setbacks, bufferyards, etc.) shall not be altered. Such requirements will continue to be based on
the property's underlying land use district (i.e. Industrial (I)).
Consistency of the proposed amendment with the Principles for Guiding Development
The proposed amendment would not be inconsistent with any of the principles for guiding
development.
Impact on Industrial Land.•
Concerning potential impact on existing industrial lands, as proposed, the overlay district would
be available for property owners on Rockland Key, which is predominately within an Industrial
(I) land use district.
Note: Light industrial uses would continue to be allowed in the overlay district.
According to the 2010 Technical Document, industrial land uses account for approximately
455.6 acres, or less than one percent in the unincorporated Keys. Industrial uses are heavily
concentrated in the Lower Keys, with 91 percent distribution. Commercial uses can broadly be
defined as those uses associated with the buying and selling of goods and/or services.
Commercial uses account for 900 acres, or 1.2 percent of the total area of the unincorporated
Keys.
There are eight Industrial (I) districts in the unincorporated county (each district consists of a
number of contiguous parcels). Staff has completed the following analysis utilizing the County's
GIS database. All acreage figures are approximations.
Page 14 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
Industrial District Breakdown:
Acreage
Upland
Tier 3 Acreage
(I) FLUM
Acreage
4pproximate
Total Tier 3 (I)
Upland
crea e *
Upper Keys
34.09
31.37
.00
0.00
0 acres
Big Pine/No Name
34.16
33.67
0.55
31.70
18 acres
Lower Keys
344.45
178.97
43.81
164.36
312.13
153 acres
County -Wide
412.70
244.01
343.83
171 acres
3 * These figures are estimated totals following a GIS analysis using best available data. The figures
4 should not be considered exact.
6 Issues:
7
8 In the staff report prepared for the January 16, 2013 public hearing, staff noted the following
9 areas of difference between the applicant, staff and Planning Commission recommendations:
10
Section - Issue
Applicant
Staff Planning Commission
(d)(1) —
No longer allow
No longer allow residential and heavy industrial
Placement/content of
residential and heavy
use upon issuance of a building permit for
language pertaining to
industrial use upon
commercial use. Within independent section of
uses that are
issuance of a permit for
table and addresses legal nonconformities.
permitted in the
commercial use. Within
Industrial (I) district,
major conditional use
but not permitted in
permit section of table
the Overlay district
and does not include
language about legal
nonconformities
(d)(4) — Maximum
240,000 sq. ft.
125,000 sq. ft.
140,000 sq. ft.
size of a building
(d)(4) — Maximum
140,000 sq. ft.
n/a
n/a
amount of floor area
pertenant
(d)(4) — Maximum
400,000 sq. ft.
300,000 sq. ft.
400,000 sq. ft. (same as
amount of floor area
applicant)
in Overlay district
(d)(5) — Public
Provide an area on site,
Donate land area and
Provide an area on site,
improvements
equal to 5% of the
construct a bus stop/bike
equal to 5% of the
commercial retail
lanes and up to 12,500
commercial retail
facilities FAR
sq. ft. building/space for
facilities FAR (similar
public use, dependent on
to applicant)
the amount of
commercial retail
development completed
(d)(7) — Timing of
Initiate during major
Initiate during either minor or major conditional
required US 1
conditional use permit
use permit process and complete by issuance of
improvements
process and complete by
building permit (see attached MCC Section 114-1
close of building permit
and 114-2
Page 15 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
CO/CC
(d)(8) — Sound
n/a
Not allow public improvements other than those
attenuation language
related to transportation in 75 DNL area
as requested by the
NAS-KW at the
planning commission
public hearing
(d)(9) — Prohibition of
n/a
Not allow use in NA portions of Overlay district
use in areas
designated Native
Area A
1
2 The following are current areas of difference between the applicant and staff recommendations (note: the
3 Planning Commission did not review the changes made after their November 28, 2012 public hearing):
4
Section - Issue
Applicant
Staff
(d)(4) — Maximum
The applicant reduced the total
175,000 sq. ft. max building size if a few
size of a building
from 240,000 sq. ft. to 175,000 sq.
minor, technical changes are made to the
ft. and provided mandatory,
design guidelines as shown in green in
written design guidelines which
the staff report/ordinance
will prevent a large building from
looking like a big box.
(d)(4) — Maximum
The applicant reduced the
Staff is maintaining its recommendation
amount of floor area in
maximum from 400,000 sq. ft. to
for a maximum of 300,000 sq. ft.
Overlay district
350,000 sq. ft.
(d)(5) — Public
The applicant provided a
Issued resolved between the applicant
improvements
development agreement
and staff. Staff can support the
requirement with codified,
applicant's current provisions if a few
minimum provisions which must
minor changes are made to the text.
be included in any such agreement.
In general, the agreement would
require the construction and
donation or lease of a 5,000 sq. ft.
public facility; the construction of
at least 10,000 sq. ft. of space for
community -oriented businesses;
the construction of mass
transit/bicycle facilities and
infrastructure; and the purchase of
a City bus.
Following the January BOCC public hearing, the applicant added the following new provisions to the
amendment as requested by the BOCC. The following are current areas of difference between the
applicant and staff recommendations:
Page 16 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
Section - Issue
Applicant
Staff
(d)(10) Affordable
No CO may be issued for retail
Several affordable housing projects, in
Housing (discussed at
development under until the
which the developer has no association,
the January BOCC
existing inventory of affordable
are currently underway and
public hearing)
housing units within a radius of 15
approximately 50 units are scheduled to
miles has been increased over the
CO'ed by the end of 2013. This
2012 inventory by no fewer than
minimum standard does not adequately
50 new units of affordable housing
link the housing needs of the additional
employees that will be required for the
new development. Staff has proposed
alternate language requiring that the
developer a) build 50 affordable housing
units; b) link the commercial project to
50+ unit affordable housing project; c)
carry out alternative compliance
consistent with required for inclusionary
housing; or d a combination of the a-c.
(d)(11) Boundary
Property within the overlay district
Staff has modified to a class C buffer for
Buffers
shall maintain boundary buffer
boundaries not adjacent to a shoreline or
requirements consistent with the
US 1. Along US, 1, a class D buffer,
Industrial land use district or a
which is requires more vegetation than a
class A buffer, whichever is
class A, is already required.
eater.
(d)(12) Hurricane
Parking facilities in the overlay
Staff does not object to this provision
preparedness
district shall be made available for
and supports its inclusion.
use by the County for the storage
of official vehicles in advance of
major storm events, if the County
deems such use necessary and is
regulated by development
agreement.
2 • Staff does not object to a 175,000 square foot building size cap- however only if the design
3 guidelines prepared by the applicant are revised per the staff recommended language in the
4 preceding Proposal section. Mandatory design guidelines would visibly reduce the mass of a
5 large building and reduce the likelihood that it would appear as a large "big box" store.
6
7 Without a cap to building size (assuming there is also not a cap to total floor area on the site),
8 a developer could conceivably build a single building consisting of 503,118 square feet to
9 646,866 square feet. A building of such size is not consistent with the community character,
10 keeping in mind that the Land Development Code already caps the size of nonresidential
11 buildings in the Urban Commercial (UC) district at 50,000 square feet and caps the size of
12 new nonresidential buildings in other districts at 10,000 square feet.
13
14 Staff analyzed the size of existing buildings in the unincorporated Lower Keys and Big
15 Pine/No Name Key ROGO subareas (excluding those within the City of Key West and NAS
16 Key West). Staff only found one building over 100,000 square feet in floor area the
17 unincorporated Lower Keys: Key West Harbour, 6000 Peninsular Avenue on Stock Island:
18 approximately 107,000 square feet and is utilized as a boat barn.
Page 17 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
The largest commercial retail building is at the Winn Dixie Shopping Center, located on Big
Pine Key. There are three buildings within the development, consisting of approximately
68,000 square feet, 17,000 square feet and 7,000 square feet respectively; thus resulting in a
development of approximately 92,000 total square feet. (Note: not all of the square footage
is utilized by commercial retail uses).
Staff analyzed the size of existing buildings in the unincorporated Upper Keys ROGO
subarea (excluding those within the City of Marathon, the City of Key Colony, the City of
Layton and the Village of Islamorada). Staff did not find any buildings over 100,000 square
feet, as determined by the Monroe County Property Appraiser (MCPA), in the
unincorporated Upper Keys. However, there are two developments that contain numbers of
structurally independent, but attached buildings that appear to be single buildings of greater
than 100,000 square feet:
• Tavernier Towne, mile marker 91, Tavernier: approximately 108,000 square feet and is
utilized for a mixture of uses, but predominately commercial retail uses (note: the
Monroe County Property Appraiser (MCPA) considers the development as four attached
buildings, rather than one single building, with the largest building being approximately
82,000 square feet).
• Tradewinds Plaza, mile marker 101, Key Largo: approximately 195,000 square feet
(note: the MCPA considers the development as five buildings, rather than one single
building, with the largest building being approximately 90,000 square feet).
At the November 28, 2012 public hearing, the Planning Commission recommended a cap to
building size of 140,000 square feet. Note: The Planning Commission premised their request
on the receipt of data and analysis from the applicant supporting a building larger than
125,000 square feet. As of the date of this report, no such data and analysis has been
submitted. However, the design guidelines were prepared after the Planning Commission
meeting and may or may not have satisfied the Planning Commission's concerns.
• Staff is recommending that the cumulative total of all floor area within the overlay district
shall not exceed a maximum floor area of 300,000 square feet.
Without a cap to total floor area on the site, using the range of floor area ratio requested (0.35
for high intensity to 0.45 for low intensity), a developer could build approximately 503,118
square feet to 646,866 square feet of commercial retail floor area in the overlay district
(assuming the overlay district will consist of the 33 acres (approximate) proposed in the
related map amendment application. Staff finds that this total amount of square footage
would not be consistent with the community character and recommends a cap of 300,000
square feet.
Staff analyzed existing shopping centers over 50,000 square feet in the unincorporated Lower
Keys and Big Pine/No Name Key ROGO subareas. The only such shopping center is the
Winn Dixie Shopping Center, located on Big Pine Key. There are three buildings within the
development, consisting of approximately 68,000 square feet, 17,000 square feet and 7,000
Page 18 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 public Hearing
square feet respectively; thus resulting in a development of approximately 92,000 total
square feet.
Staff analyzed the size of shopping centers over 50,000 square feet in the unincorporated
Upper Keys ROGO subarea.
• Tavernier Towne Center, mile marker 91, Tavernier: approximately 119,000 square feet
(seven buildings)
• Waldorf Plaza Shopping Center, mile marker 100, Key Largo: approximately 56,000
square feet (one building)
• Tradewinds Plaza, mile marker 101, Key Largo: approximately 195,000 square feet (five
buildings).
• Pink Plaza Shopping Center, mile marker 103, Key Largo: 61,083 square feet (one
building)
At the November 28, 2012 public hearing, the Planning Commission recommended a cap of
400,000 square feet.
At the November 28, 2012 public hearing, the applicant proposed a cap of 500,000 square
foot.
In revisions submitted by the applicant, the applicant reduced their proposed cap to 400,000
square feet, commensurate with the recommendation of the Planning Commission, and after
the first BOCC meeting to 350,000 square feet.
Current and Proposed Allowances without Cap
(Based on an overlay district of approximately 33 acres (1,437,480 SF), as presented in
associated map amendment application):
Land Use
Existing Floor
Area Ratios
for Industrial
(I)
Amount
Allowed
Proposed
Floor Area
Ratios for
Overlay
Amount
Allowed (if no
cap is
imposed) *
Light Industrial
0.40
574,992 SF
0.40
574,992 SF
Heavy Industrial
0.25
359,370 SF
Not permitted
0 SF
Public
0.40
574,992 SF
0.40
574,992 SF
Restaurants
0.30
431,244 SF
See commercial
retail
N/A
Office
0.40
574,992 SF
0.40
574,992 SF
Institutional
0.00
0 SF
0.40
574,992 SF
Commercial Retail
—
—
—
—
Low Intensity
Not permitted
0 SF
0.45
646,866 SF
Medium Intensity
Not permitted
0 SF
0.40
574,992 SF
Page 19 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
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15
High Intensity
Not permitted
0 SF
0.35
503,118 SF
Commercial Fishing
0.40
574,992 SF
0.40
574,992 SF
Existing
Amount
Proposed
Amount
Land Use
Densityfor
Allowed
Densityfor
Allowed
Industrial (I)
Overlay
Commercial Apartments
1 unit /acre
33 units
N/A
0 units
(2 units /
(52 units)
(0 units)
buildable acre
for maximum
net)
The applicant currently proposes a 400,000 SF cap, the planning commission
recommends a 400,000 SF cap and staff recommends a 300,000 SF cap
It is important to note that land use intensity is cumulative. Therefore, an applicant could not
build the total all of the individual totals for development on the preceding tables. For
example, an applicant may build 50% of the total light industrial square footage allowed and
50% of the total commercial retail square footage allowed, as the cumulative total would be
equal to or less than 100%. However, an applicant could not build 50% of the total light
industrial square footage allowed, 50% of the total commercial retail square footage allowed
and 25% of the total public square footage allowed as the cumulative total would equal
125%, a total over 100%.
• As part of any development containing a commercial retail use, staff is recommending that
the developer be required to carry out and construct certain public improvements.
16 Following a review of staff s initial proposal in the staff report for the January BOCC public
17 hearing, the applicant independently made significant modifications to the proposed
18 language. However, the general context of the changes is acceptable to staff and address the
19 concerns expressed by the public.
20
21 • At the January BOCC public hearing, Commissioners expressed interest in adding an
22 affordable housing component to address the housing demand would be created by the
23 development. The included language addressing affordable housing in the revised draft;
24 however staff believes that the 50-unit provision would not address the demand created by a
25 large new development.
26
27 Staff has provided alternative language where prior to the issuance of a certificate of
28 occupancy for commercial retail use of greater than 10,000 square feet within the overlay
29 district, the developer shall a) construct 50 new affordable housing units in the Lower Keys
30 ROGO subarea; b) provide alternative compliance for 50 new affordable housing units,
31 utilizing one of more of the methods set forth in section 130-161(b)(4), which includes the
32 deed -restriction of existing dwelling units, in -lieu fees and land donation; c) linkage to an
33 affordable housing project or projects pursuant to section 130-161(c) where at least 50 new
34 affordable housing units (not required by another project) are constructed in the Lower Keys
35 ROGO subarea; d) a combination of (a), (b) and/or (c) where the net result is at least 50 new
Page 20 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
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affordable housing units (proportional alternative compliance if involving in -lieu fees or land
donation). Please find Section 130-161 attached.
Final Issues:
After the applicant submitted their revised request labeled Attachment 3, following the
January 16, 2013 public hearing, staff completed an underline strikethrough of their version
of the overlay district.
V RECOMMENDATION
Staff recommends that the Board of County Commissioners amend the Monroe County Code as
requested by the applicant with the incorporation of staffs recommendations.
Page 21 of 21 (File #2011-094) Rockland Overlay Text Amendment April 17, 2013 Public Hearing
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Rockland Overlay Text Amendment
Attachment 1
Sec. 130-161. - Affordable and employee housing; administration.
(a) Generally. Notwithstanding the density limitations in section 130-157, the owner of a parcel
(1) of land shall be entitled to:
a. Develop affordable and employee housing as defined in section 101-1, on
parcels of land classified as urban residential (UR) at an intensity up to a
maximum net residential density of 25 dwelling units per acre and on parcels of
land classified as mixed use (MU) at an intensity up to a maximum net
residential density of 18 dwelling units per acre.
b• Develop affordable and employee housing, as defined in section 101-1, on
parcels of land classified as suburban commercial (SC) at an intensity up to a
maximum net residential density of 18 dwelling units per acre and on parcels of
land classified as urban residential UR at an intensity up to a maximum net
residential density of 25 dwelling units per acre.
C. Develop market rate housing, as defined in section 101-1, as part of an
affordable or employee housing project in accordance with subsection (a)(8) of
this section, provided that on parcels of land classified as urban residential (UR),
the maximum net residential density shall not be greater than 18 dwelling units
per acre.
(2) The maximum net residential density allowed per district and by this section shall not
require transferable development rights (TDR) for affordable and employee housing
and market rate housing developed in accordance with subsection (a)(8) of this
section.
(3) Market rate housing developed in accordance with subsection (a)(8) below shall be
eligible to receive points pursuant to section 138-28(5).
(4) The requirements of this chapter for the provision of impact fees shall be waived for
affordable and employee housing and any market rate housing developed in
accordance with subsection (a)(8) of this section.
(5) Notwithstanding the provisions of this article, when calculating density, any existing
lawfully established or proposed affordable or employee housing on a parcel and the
floor area thereof shall be excluded from the calculation of the total gross
nonresidential floor area development that may be lawfully established on the parcel,
provided, however, that the total residential density allowed on the site shall not exceed
the maximum net density for affordable and employee housing.
(6) In order for the owner of a parcel of land to be entitled to the incentives for affordable
or employee housing outlined in this section and chapter 138, articles II and III, the
owner must ensure that:
a. The use of the affordable housing dwelling unit is restricted to households that
meet the adjusted gross annual income limits for median -income as defined in
section 101-1
b• Except as provided for under the special provisions for employer -owned rental
housing as set forth under subsection (a)(6)k of this section, if the affordable
housing dwelling unit is designed for employee housing, the use of the dwelling
is restricted to households that derive at least 70 percent of their household
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income from gainful employment in the county and meet the adjusted gross
annual income limits for median income as defined in section 101-1
C. The use of the affordable or employee dwelling unit is restricted for the period
specified in section 101-1
d. Tourist housing use or vacation rental use of affordable or employee housing
units is prohibited.
e• The parcel of land proposed for development of affordable or employee housing
shall only be located within a tier 111 designated area or, within a tier 111-A (special
protection area) designated area that does not propose the clearing of any
portion of an upland native habitat patch of one acre or greater in area.
f. At the time of sale of an owner -occupied affordable unit, the total income of
households eligible to purchase shall not exceed 120 percent of the median
household income for the county. However, a unit within a class of affordable
housing eligibility may only be sold to a household within that same class, i.e., a
median income household that purchased a home within this category must sell
the home to a qualifying household within the median income category;
9. During occupancy of any affordable housing rental unit, not otherwise limited by
state or federal statute or rule concerning household income, a household's
annual income may increase to an amount not to exceed 140 percent of the
median household income for the county. If the income of the lessee exceeds
this amount, the tenant's occupancy shall terminate at the end of the existing
lease term. The maximum lease for any term shall be three years or 36 months;
h• Affordable housing projects shall be no greater than 20 units unless approved
by resolution of the county planning commission. The planning commission's
decision may be appealed to the board of county commissioners using the
procedures described in section 102-185, with the board of county
commissioners serving as the appellate body for the purpose of this section
only;
i• When establishing a rental and sales amount, the county shall assume family
size as indicated in the table below. This section shall not be used to establish
the maximum number of individuals who actually live in the unit. This table shall
be used in conjunction with the eligibility requirements created by section 101-1
Size of Unit
Assumed Family Size
Minimum Occupancy
Efficiency no separate bedroom
1
1
One bedroom
2
1
Two bedroom
3
2
Three bedroom
3
Four or more bedrooms
15
11 per bedroom
Except for tenants of employer -owned rental housing, as set forth in subsection
(a)(6)k. of this section, the income of eligible households shall be determined by
counting only the first and highest paid 40 hours of employment per week of
each unrelated adult. For a household containing adults related by marriage or a
domestic partnership registered with the county, only the highest 60 hours of the
combined employment hours shall be counted, which shall be considered to be
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75 percent of the adjusted gross income. The income of dependents regardless
of age shall not be counted in calculating a household's income; and
k. In the special case of employer -owned rental housing, as defined in section 101-
1, employees shall be eligible as tenants of the affordable rental housing, if the
income of each tenant, as determined following the requirements in subsection
(a)(6)j. of this section, is not more than the 80 percent of the median income
adjusted gross income for households within the county. The tenants of this
affordable employee housing shall be required to derive at least 70 percent of
their income from within the county. The maximum occupancy of employer -
owned rental housing for employees shall be no more than two tenants per
bedroom; with a maximum of three bedrooms per unit. The total monthly lease
charged tenants for each dwelling unit shall not exceed 30 percent of the
median adjusted gross annual income for households within the county, divided
by 12.
(7) Commercial apartment dwelling units, as defined in section 101-1, shall only be eligible
for the incentives outlined in this section if they meet the requirements of subsection (a)
(6) of this section for employee housing.
(8) If an affordable or employee housing project or an eligible commercial apartment
designated for employee housing contains at least five dwelling units, a maximum of 20
percent of these units may be developed as market rate housing dwelling units. The
owner of a parcel of land must develop the market rate housing dwelling units as an
integral part of an affordable or employee housing project. In order for the market rate
housing dwelling units to be eligible for incentives outlined in this section, the owner
must ensure that:
a• The use of the market rate housing dwelling unit is restricted for a period of at
least 30 years to households that derive at least 70 percent of their household
income from gainful employment in the county; and
b• Tourist housing use and vacation rental use of the market rate dwelling unit is
prohibited.
(b) Inclusionary housing requirements. The purpose of this subsection (b), consistent with
(1) Purpose and intent. Goal 601 of the plan, is to ensure that the need for affordable
housing is not exacerbated by new residential development and redevelopment of
existing affordable housing stock. The intent of this subsection is to protect the existing
affordable housing stock, to permit owners of mobile homes and mobile home spaces
to continue established mobile home uses consistent with current building and safety
standards and regulations and to ensure that, as residential development,
redevelopment and mobile home conversions occur, plan policies regarding affordable
housing are implemented.
(2) Applicability. Except as provided in subsection (b)(3) of this section, the inclusionary
housing requirements set forth below shall apply. Determinations regarding the
applicability of this subsection shall be made by the planning director. For purposes of
calculating the number of affordable units required by this subsection, density bonuses
shall not be counted and only fractional requirements equal to or greater than .5 shall
be rounded up to the nearest whole number.
a• Residential developments, other than mobile home or mobile home spaces
covered by subsection (b)(2)b. of this section, that result in the development or
redevelopment of three or more dwelling units on a parcel or contiguous parcels
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shall be required to develop or redevelop at least 30 percent of the residential
units as affordable housing units. Residential development or redevelopment of
three units on a parcel or contiguous parcels shall require that one developed or
redeveloped unit be an affordable housing unit. For the purpose of this section,
and notwithstanding subsection (b)(2)b. of this section, any dwelling unit
exceeding the number of lawfully established dwelling units on site, which are
created by either a THE or ROGO allocation award, shall be considered
developed units.
b• The removal and replacement with other types of dwelling units of ten or more
mobile homes that are located on a parcel or contiguous parcels and/or the
conversion of mobile home spaces located on a parcel or contiguous parcels
into a use other than mobile homes shall be required to include in the
development or redevelopment a number of affordable housing units equal to at
least 30 percent of the number of existing units being removed and replaced or
converted from mobile home use or, in the event the new use is nonresidential,
to develop affordable housing units at least equal in number to 30 percent of the
number of mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different use of
ten mobile homes or mobile home spaces on a parcel or contiguous parcels
shall require that three units be replaced or converted to deed -restricted
affordable housing.
C. In calculating the number of affordable housing units required for a particular
project, or phase of a project, all dwelling units proposed for development or
redevelopment or mobile homes or mobile home spaces to be converted from
mobile home use since the effective date of the ordinance from which this
section is derived shall be counted. In phased projects, the affordable housing
requirements shall be proportionally allocated among the phases. If a
subsequent development or redevelopment is proposed following a prior
development approved on the same property as it existed as of the effective
date of the ordinance from which this section is derived, which prior
development did not meet the compliance thresholds set forth in subsection (b)
(2)a. or (b)(2)b. of this section, the requirements of subsection (b)(2)a. or (b)(2)
b. of this section shall be met as part of the subsequent development for all units
proposed for development or redevelopment after the effective date of the
ordinance from which this section is derived.
(3) Exemptions and waivers. The following uses shall be exempt from the inclusionary
a• housing requirements set forth in subsection (b)(2)a. of this section: affordable
housing, employee housing, nursing homes, or assisted care living facilities.
b• The board of county commissioners may reduce, adjust, or waive the
requirements set forth in this subsection (b) where, based on specific findings of
fact, the board concludes, with respect to any developer or property owner, that:
1 • Strict application of the requirements would produce a result inconsistent
with the plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the
development furthers plan policies and the purpose and intent of this
subsection through means other than strict compliance with the
requirements set forth herein;
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3. The developer or property owner demonstrates an absence of any
reasonable relationship between the impact of the proposed residential
development and requirements of this subsection (b), or
4. The strict application with the requirements set forth herein would
improperly deprive or deny the developer or property owner of
constitutional or statutory rights.
C. Any developer or property owner who believes that he may be eligible for relief
from the strict application of this section may petition the board of county
commissioners for relief under this subsection (b)(3) of this section. Any
petitioner for relief hereunder shall provide evidentiary and legal justification for
any reduction, adjustment or waiver of any requirements under this section.
(4) Alternate compliance. Compliance with this subsection may be achieved through the
a• deed -restriction of existing dwelling units requiring that the affected units remain
subject to the county's affordable housing restrictions for a period not less than
the period prescribed in subsection (5)(c)3., below, according to administrative
procedures established by the county.
The following example is set forth to illustrate potential application options: Example: Owner/developer has 100 development
rights - Option 1: Owner/developer may build up to 70 market rate units and shall build 30 affordable units (using conventional
compliance method.) The owners 100 development rights yield a ratio of 70 market rate units and 30 affordable units. - Option
2: Owner/developer may build up to 70 market rate units and shall purchase and deed -restrict 30 existing market rate units (in
lieu of building 30 new affordable units.) The owner's 100 development rights again yield a ratio of 70 market rate units to 30
affordable units. - Option 3: Owner/developer may build up to 100 new market rates. if the developer wishes to use all 100
development rights for market rate development, his inclusionary compliance requirement to purchase and deed -restrict
existing market rate units increases, and in this case for example, calculates to 43 total affordable units. (The owners 100
development rights yield a ratio of 100 market rate units to 43 affordable units, which is equivalent to the ratio of 70 market
b. rates to 30 affordables: 100/43 = 70/30.)
In -lieu fees. The developer of a project subject to the requirements of this
subsection (b) may contribute a fee in -lieu of the inclusionary housing
requirements for all or a percentage of the affordable housing units required by
subsection (b)(2). The developer shall pay per unit in -lieu fees the current
maximum sales price for a one -bedroom affordable unit as established under
section 130-161(a). All in -lieu fees shall be deposited into the affordable housing
trust fund and spent solely for the purposes allowed for that fund. The
developer, along with any corresponding in -lieu fees, shall transfer to the county
ownership of the associated ROGO-exempt development rights for any
affordable unit(s) required by this section for which the in -lieu fee option is used.
C. Land donation. Upon the acceptance of the board of county commissioners of a
proposed onsite or offsite parcel (or parcels), a developer may satisfy the
requirements of this subsection by donating to the county, or other agency or
not -for -profit organization approved by the board, one iS or URM lot for each
unit required but not provided through actual construction or in -lieu fees (or a
parcel or parcels of land zoned other than IS or URM as long as the donated
parcel(s) will support the development of an appropriate number of affordable
units). Lots or other parcels so provided shall not be subject to environmental or
other constraints that would prohibit immediate construction of affordable
housing units. The developer, along with any corresponding donated parcel(s),
shall transfer to the county ownership of the associated ROGO allocations or
ROGO-exempt development rights for any affordable unit(s) required under this
section.
(5) Applicable standards.
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Incentives. All incentives and bonuses provided by the land development and
other regulations for the construction of affordable housing shall be available to
builders of affordable housing provided pursuant to this subsection (b) including,
but not limited to, density and floor area ratio bonuses, residential ROGO
allocation set asides and points, and impact fee waivers.
Developer financial responsibility.
If a developer does not elect to meet the requirements of subsection (b)
(2) of this section through alternative compliance as set forth in
subsection (b)(4) of this section, or obtain approval for an adjustment to,
a partial exemption from or a waiver of strict compliance pursuant to
subsection (b)(3) of this section, the developer must post a bond
equivalent to 110 percent of the in -lieu fees that otherwise would have
been required through the in -lieu alternate compliance option prior to the
issuance of a building permit for any market rate units. The county shall
retain any bond money or guaranties in escrow until the affordable
housing is completed, or for a period of three years, whichever comes
first. Upon the issuance of certificates of occupancy for the affordable
housing units, the county shall release to the developer any bonds or
guaranties relating to the portion of the inclusionary housing requirement
satisfied. If the developer has not satisfied the requirements of this
section by completing the required affordable housing units within three
years, all or the corresponding portion of the bond funds shall be forfeited
to the affordable housing trust fund.
2. If the applicant elects to pursue alternative compliance as set forth in
subsection (b)(4) of this section, any in -lieu fees must be paid or parcels
donated prior to the issuance of a building permit for any market rate unit.
Standards. Affordable housing provided pursuant to subsection (b)(2) of this
section shall comply with the standards set forth below and applications for
development projects subject to these requirements and developers and
property owners shall provide to the county information and necessary legal
assurances to demonstrate current and continued compliance with these
provisions, consistent with the applicable enforcement mechanisms set forth in
subsection (f) of this section, as amended or supplemented from time to time.
The county may institute any appropriate legal action necessary to ensure
compliance with this subsection.
1 Affordable housing units required pursuant to subsection (b)(2) of this
section are restricted to sales prices and annual rental amounts for
households that shall not exceed the adjusted gross annual income limits
for moderate -income owner -occupied or rental housing, as defined in
section 101-1
2. Affordable housing units may be sold or rented only to persons whose
total household income does not exceed the adjusted gross annual
income limits for moderate -income as defined in section 101-1
3. Except as specifically provided otherwise herein, affordable housing
dwelling units are restricted for a period of 99 years to households that
meet the requirements of subsection (b)(5)c.2. of this section;
4.
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Affordable housing units provided pursuant to subsection (b)(2) of this
section may be provided on -site, off -site or through linkage with another
off -site project as provided in subsection (c) of this section;
5. Affordable housing units may not be used for tourist housing or vacation
rental use;
6. Each affordable unit provided pursuant to subsection (b)(2) of this section
shall contain a minimum of 400 square feet of habitable floor area and
the average enclosed habitable floor area of all units so provided shall be
at least 700 square feet;
7• Each affordable unit provided pursuant to subsection (b)(2) shall contain
a minimum of 400 square feet of habitable floor area; and during
occupancy of any affordable housing rental unit, not otherwise limited by
state or federal statute or rule concerning household income, a lessee
household's annual income may increase to an amount not to exceed
140 percent of the median household income for the county, to be
annually verified. If the income of the lessee household exceeds this
amount, the occupancy shall terminate at the end of the existing lease
term. The maximum lease for any term shall be three years or 36 months;
8. When determining eligibility criteria, the county shall assume family size
as indicated in the table set forth in subsection (a)(6)i. of this section.
That table shall not be used to establish the maximum number of
individuals who actually live in the unit, but shall be used in conjunction
with the eligibility requirements created by the definition of "affordable
housing" in section 101-1
9. The income of eligible households shall be determined by counting only
the first and highest paid 40 hours of employment per week of each
unrelated adult. For a household containing adults related by marriage or
a domestic partnership registered with the county, only the highest 60
hours of the combined employment hours shall be counted, which shall
be considered to be 75 percent of the adjusted gross income. The
income of dependents regardless of age shall not be counted in
calculating a household's income; and
10. The county will not issue certificates of occupancy for market rate units
associated with development or redevelopment projects subject to the
provisions of this subsection (b) unless and until certificates of occupancy
have been issued for required affordable housing units, lot donations are
complete, or in -lieu fees have been paid as provided herein.
(6) Monitoring and review. The requirements of this subsection (b) shall be monitored to
ensure effective and equitable application. Every two years following the effective date
of the ordinance from which this section is derived, the planning director shall provide
to the board of county commissioners a report describing the impact of this subsection
on the provision of affordable housing and other market or socioeconomic conditions
influencing or being influenced by these requirements. Issues such as affordability
thresholds, inclusionary requirements, and the impacts of these provisions on the
affordable housing inventory and housing needs in the county shall be addressed, in
addition to other matters deemed relevant by the director.
(c) Linkage of projects.
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Two or more development projects that are required to provide affordable housing may be
linked to allow the affordable housing requirement of one development project to be built at
the site of another project, so long as the affordable housing requirement of the latter
development is fulfilled as well. The project containing the affordable units must be built either
before or simultaneously with the project without, or with fewer than, the required affordable
units. Sequencing of construction of the affordable component of linked projects may be the
subject of the planning department or the planning commission's approval of a project. in
addition, if a developer builds more than the required number of affordable units at a
development site, this development project may be linked with a subsequent development
project to allow compliance with the subsequent development's affordable unit requirement.
The linkage must be supplied by the developer to the planning commission at the time of the
subsequent development's conditional use approval. Finally, all linkages under this
subsection may occur between sites within the county and in the cities of Key West, Marathon
and Islamorada, subject to an interlocal agreement, where appropriate; however, linkage must
occur within the same geographic planning area, i.e., lower middle and upper keys. All
linkages must be approved via a covenant running in favor of the county, and if the linkage
project lies within a city, also in favor of that city. The covenant shall be placed upon two or
more projects linked, stating how the requirements for affordable housing are met for each
project. The covenant shall be approved by the board of county commissioners and, if
applicable, the participating municipality.
(d) Affordable housing trust fund. The affordable housing trust fund (referred to as the "trust
fund") is established. The trust fund shall be maintained with funds earmarked for the
purposes of furthering affordable housing initiatives in municipalities and unincorporated
areas of the county. Monies deposited into the trust fund shall not be commingled with
general operating funds of the county. The trust fund shall be used only for the following:
(1) Financial aid to developers as project grants for affordable housing construction;
(2) Financial aid to homebuyers as mortgage assistance, including, but not limited to,
loans or grants for down payment assistance;
(3) Financial incentives for the conversion of transient units to affordable residential units;
(4) Direct investment in or leveraging housing affordability through site acquisition, housing
development and housing conservation; or
(5) Other affordable housing purposes as may be established by resolution of the board of
county commissioners, which shall act as trustees for the fund. The board of county
commissioners may enter into agreements or make grants relating to the use of trust
funds with or to the county housing authority or other local government land or housing
departments or agencies, a qualified community housing development organization or
nonprofit or for -profit developer of affordable or employee housing, or a municipality
within the county.
(e) Community housing development organization. The board of county commissioners may
establish a nonprofit community housing development organization (CHDO), pursuant to
federal regulations governing such organizations, to serve as developer of affordable housing
units on county -owned property, including or located in the municipalities of the county, upon
interlocal agreement. In such event, the county may delegate to the community housing
development organization all or partial administration of the affordable housing trust fund.
(i Administration and compliance. Before any building permit may be issued for any
(1} structure, portion or phase of a project subject to this section, a restrictive covenant
shall be approved by the growth management director and county attorney and
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recorded in the office of the clerk of the county to ensure compliance with the provision
of this section running in favor of the county and enforceable by the county and, if
applicable, a participating municipality. The following requirements shall apply to these
restrictive covenants:
a• The covenants for any affordable or employee housing units shall be effective
for a period of at least 99 years.
b. The covenants shall not commence running until a certificate of occupancy has
been issued by the building official for the dwelling unit or dwelling units to which
the covenant or covenants apply.
(2) Restrictive covenants for housing subject to the provisions of this section shall be filed
that require compliance with the following:
a• Restricting affordable housing dwelling units to households meeting the income
requirements of subsection (a)(6)a. of this section;
b. Restricting employee housing dwelling units to households meeting the income
and employment requirements of subsection (a)(6)b. of this section;
C. Restricting market rate housing dwelling units to households meeting the
employment requirements of subsection (a)(8)a. of this section; and
d• Prohibiting tourist housing use or vacation rental use of any housing developed
under the provisions of this section.
(3) The eligibility of a potential owner -occupier or renter of an affordable, employee or
market rate housing dwelling unit, developed as part of an employee or affordable
housing project, shall be determined by the planning department upon submittal of an
affidavit of qualification to the planning department. The form of the affidavit shall be in
a form prescribed by the planning department. This eligibility shall be determined by
the planning department as follows:
a• At the time the potential owner either applies for affordable housing ROGO
allocation, or applies to purchase a unit that used affordable housing ROGO
allocation; or
b. At the time the potential renter applies to occupy a residential unit that used an
affordable ROGO allocation.
(4) Except as provided in subsection (f)(5) of this section, the property owner of each
affordable employee or market rate housing dwelling unit, developed as part of an
affordable or employee housing project, shall be required to annually submit an
affidavit of qualification to the planning department verifying that the applicable
employment and income requirements of subsection (f)(2) of this section are met. The
annual affidavit of qualification shall be in a form prescribed by the planning director
and shall be filed by the property owner upon receiving written notification by certified
mail from the planning department.
(5) The owner -occupant of an affordable, employee, or market rate housing dwelling unit,
developed as part of an affordable or employee housing project, who has received a
homestead exemption as provided for under the state statutes, is not required to
submit an annual affidavit of qualification as required above in subsection (f)(4) of this
section if that owner -occupant was qualified previously by the planning department.
Prior to any change in ownership (including, but not limited to: sale, assignment,
devise, or otherwise), the owner -occupant shall be required to provide documentation
to the planning department in a form prescribed by the planning director proving that
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the potential occupying household is eligible to occupy that unit prior to a change in
ownership of the property.
(6) Failure to submit the required annual verification as required in subsection (D(4) of this
section or failure to provide documentation prior to change in ownership required in
subsection (f)(5) of this section shall constitute a violation of the restrictive covenant,
the conditions of the certificate of occupancy and this chapter.
(7) The restrictive covenants for affordable and employee housing required under this
section shall be approved by the growth management director and county attorney
prior to the recording of the covenant and issuance of any building permit.
(8) Upon written agreement between the planning director and an eligible governmental or
nongovernmental entity, the planning director may authorize that entity to administer
the eligibility and compliance requirements for the planning department under
subsections (f)(3), (f)(4), (f)(5) and (f)(6) of this section. Under such an agreement, the
eligible entity is authorized to qualify a potential owner -occupier or renter of affordable,
employee, or market rate housing developed as part of an employee or affordable
housing project, and annually verify the employment and/or income eligibility of tenants
pursuant to subsection (f)(2) of this section. The entity shall still be required to provide
the planning department, by January 1 of each year, a written certification verifying that
tenants of each affordable, employee, or market rate housing meet the applicable
employment and income requirements of subsection (f)(2) of this section. The following
governmental and nongovernmental entities shall be eligible for this delegation of
authority:
a• The county housing authority, not -for -profit community development
organizations, pursuant to subsection (e) of this section, and other public entities
established to provide affordable housing;
b. Private developers or other nongovernmental organizations participating in a
federal/state housing financial assistance or tax credit program or receiving
some form of direct financial assistance from the County; or
G. Nongovernmental organizations approved by the board of county
commissioners as affordable housing providers.
(9) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
agreement executed pursuant to subsection (f)(6) of this section, the planning director
shall provide written notice to the subject entity to show cause why the agreement
should not be terminated within 30 days. If the entity fails to respond or is unable to
demonstrate to the satisfaction of the planning director that it is meeting the terms and
conditions of its agreement, the agreement may be terminated by the planning director
within 30 days of the written notice.
(9) Interlocal affordable rate of growth allocation agreements. The board of county
commissioners may authorize interlocal agreements between the county and the cities of
Marathon, and Key West, and Islamorada, Village of Islands for the purpose of sharing
residential rate of growth affordable housing allocations. The interlocal agreements may be
based upon a specific project proposal within one or more jurisdictions or may be for a
specific allocation of units on an annual basis, from the county to a municipality or from a
municipality to the county. All allocations made available to a jurisdiction must meet the
applicable affordable housing requirements of the receiving jurisdiction's land development
regulations and affordable housing ordinances.
�a4tra•//l;l.rnrar rmin;nnria nnsv1-4-+.,nr.v7i,=:P.nl;e.,+TTI-1�'1n09.UTT AD ...,,,.,.,rL.s+...0%1•.0/'1�/ A/-l/,)AI-I
Municode
Page 11 of 11
(Code 1979, § 9.5-266; Ord. No. 33-1986. § 9-306: Ord. No. 40-1987, §§ 5, 73, 74; Ord. No. 6-2001. § 2; Ord. No.
003-2002, § 1: Ord. No. 013-2002. §§ 1, 2; Ord. No. 030-2003, §§ 5--8 Ord. No. 047-2003, § 1; Ord. No. 036-
2004, § 2; Ord. No. 035-2004, § 4: Ord. No. 017-2005, §§ 6, 7; Ord. No. 09-2006; Ord. No. 016-2006, § 3; Ord, No.
019-2008, §§ 2, 3; Ord. No. 011-2008, § 1)
Editor's note —
Ord. No. 09-2006 appears as modified through negotiation with the state department of community
affairs.
ht+n•//�ii�rarr� rnnnirniia nnrn/print A/7/1011
Rockland Overlay Text An
Attachment 2
endmeut
MAR A 20131
MONROE CO. PLANNING DEPT
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMNIISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT
ALLOWS COMMERCIAL RETAIL DEVELOPMENT; TO
ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR SUCH
COMMERCIAL RETAIL DEVELOPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a private applicant, represented by Trepanier & Associates, Inc., is proposing
amendments to the text of the Monroe County Code. The amendment would establish a new
overlay district in the Land Development Code: the Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district would be set
forth in a new section of the Monroe County Code, Section 130-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community; and
WHEREAS, through a separate map amendment process, the boundaries of the overlay district
would be defined on the Official Monroe County Land Use District Map and the affected
properties would maintain their underlying existing land use (zoning) district designations; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe County
Development Review Committee reviewed the ordinance and the Chair recommended denial to
Page l of 1
RECEIVED
the Board of County Commissioners unless revisions are carrieLinPlanning
discussed at the
Development Review: Committee meeting; and 19,�;,� r `: r�
WHEREAS, during a regularly scheduled public hearing held oIN
g Y p g�C��P1?,Al
Monroe County Planning Commission reviewed the ordinance and rerov o Ffig
Board of County Commissioners; with modifications presented Commiss
Resolution No. P47-12; and
WHEREAS, the applicant made some, but not all of the revisions requested by Planning &
Environmental Resources Department staff, the Development Review Committee and the
Planning Commission following the November 28, 2012 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. New section 130-131 is to be added to the Monroe County Code.
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
Section 130-131, Figure 1 and on the Official Land Use District Map:
Link to Section 130-131, Figure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
Page 2 of 2
restoration activities). Activities prohibited withi the conse eas included but
are not limited to:
(a) Construction or placing of buildings, r ads, si and/or other si lar
infrastructure on or above the ground;
�� Js 2,0i3
(b) Dumping or placing soil or material as Ian fill or dumping or placing of t ash,
waste, or unsightly or offensive materials; MO
CO. PLANNING DEPT f
(c) Removal or destruction of trees, shrubs, or o In ve a tion
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ("SFWMD") permit requirements.
(3) A fully -compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 130-164,
Maximum Nonresidential Land Use Intensities and District Open Space.
(1)Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of right in the overlay district:
1
Restaurants of 5,000 square feet or less of floor area;
2)
Office uses of 5,000 square feet or less of floor area;
(3)
Commercial fishing;
(4)
Institutional uses;
5
Light industrial uses;
Page 3 of 3
6
Public buildings and uses;
(7)
Accessory uses;
(8)
Replacement of an existing antenna-supp ing structure �&sgAU to
section 146-5 2 ;
(9)
Collocations on existing antenna-suppo g s , p%*AW$jtq 60
146-5 3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5(4);
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5(5); and
12)
Satellite earth stations, as accessory uses, pursuant to section 146-5(6).
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
Commercial retail uses of 10,000 square feet or less;
2
Restaurants of 5,001 to 20,000 square feet of floor area;
(3)
Office uses of 5,001 to 20,000 square feet of floor area; and
4
New antenna -supporting structures, pursuant to section 146-5 1 .
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) 1
Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130-82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district. However, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102-56. However, superseding any regulations set forth in
section 102-56 to the contrary, upon issuance of a building permit for commercial retail
use on a parcel, any heavy industrial use or commercial apartment on that parcel shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Page 4 of 4
ram..
Low Intensity
0.45
McutIVED 0.2
Medium Intensity
0.40
MAR 1 t 0.2
High Intensity
0.35
Fishing
Mg.
AO.22Commercial
E CO. P�q�N��G DE
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
(4) Maximum floor area.
a. No -An individual building shaH exeeed 125,000 may contain up to 175,000
square feet of floor area if the design of the building complies with the
following design guidelines:
Facades. Facades equal to or greater than one hundred (100) feet
in length, measured horizontally, shall incorporate wall plane
projections or recesses having a depth of at least three (3) percent
of the length of the facade and extending at least twenty (20)
percent of the length of the facade. No uninterrupted length of any
facade shall exceed forty (40) horizontal feet.
ii. Roofs. Roofs shall have no less than two (2) of the following
features:
1. Parapets concealing flat roofs and rooftop equipment, such
as HVAC units from public view. The average height of
such parapets shall not exceed fifteen (15) percent of the
height of the supporting wall and such parapets shall not at
any point exceed one-third (1/3) of the height of the
supporting wall. (See Figure 13.) Such parapets shall
feature three-dimensional cornice treatment;
2. Overhanging eaves, extending no less than three (3) feet
past the supporting walls;
3. Sloping roofs with an average slope greater than or equal to
one 0) foot of vertical rise for every three (3) feet of
horizontal run and less than or equal to one (1) foot of
vertical rise for everyone (1) foot of horizontal run;
4. Three (3) or more roof slope planes;
5. A specific architectural element proposed by the
applicant's architect that is acceptable to the Planning
Director.
Page 5 of 5
Am
c. The cumulative total of all commercial f
shall not exceed a maximum floor area of
RECEIVED
0044 square ee
QA Q9 t.
(5) Required Public Improvements As part of any development application
involving commercial retail use, approval of the application shall be
memorialized by Development Agreement between Developer and County and
shall be contingent on:
a. The developer dedicating to the County (or long term leasing for $1
ier_year, minimum of 20 -years) and constructing 4,000 sa ft.
minimum, 200-seat capacity community meeting center, with
bathrooms and kitchen for public meetings of non-profit, for profit,
County, or community organizations on a first -come first serve basis,
and 1,000 sa. ft. for neighborhood -oriented services that will be made
available by the County. Operational Fees for the facility may be
charged by the County. This facility must be C O'd prior to, or
concurrent with, issuance of a Certificate of Occupancy to any
commercial retail use.
b. The developer constructing and making available for lease 10,000 sq
ft. of commercial retail floor area consisting of no fewer than four (4)
separate commercial units, each no larger than 2,500 sa ft for
neighborhood -oriented retail and service uses such as, but not limited
to animal clinics, coffee shops/ tea rooms, fitness centers, hair salons,
mail and shipping servicesmedical offices, professional services, or
similar uses on a first come first serve basis.
C. The developer providing bike paths connecting the development to the
county trail/US1 system and a multi -modal transit stop for mass
transit, bicycle, scooter, and electric car charging system to facilitate
use of mass transit and limit trips on US1.
d. The developer shall fund at least one City of Key West bus purchase
for use on the Key West — Marathon route to provide better, more
frequent public transit to alleviate traffic on US1 caused by
commercial development.
(6) Traffic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
(7) Required US I Improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and after
Page 6 of 6
uREC !VE
)R AF
the Traffic Impact Statement is complete, based o FDOT stanR95 , �nproveme
to US 1 are warranted, the developer is responsi le for the - im of design"
permitting, installing and constructing the requ' ed improve nen 4fited to
proposed development prior to the issuance of building permit or prior tc
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. Fablie
�eme*ts-The community meeting facility required in subsection (d)(5) shall
not be leested constructed in the most current 75 DNL area, excluding only
improvements related to transportation.
(9) Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
10 Af
fordable Housing. No Certificate of Occupancy mwv be issued for retail
development under this overlay district until the existing inventory of
affordable housing units within a radius of fifteen (15) miles has been increased
over the 2012 inventory by no fewer than 50 new units of affordable housing
(11) Boundary Buffers. Property within the overlay district shall maintain boundary
buffer requirements consistent with the Industrial land use district or a Class A
buffer, whichever is greater.
(12) Hurricane Preparedness. To further the goals of Monroe County to be prepared
for hurricanes and to assist in the clean up afterwards, parking facilities in the
overlay district shall be made available for use by Monroe County for the
storage of official vehicles in advance of major storm events, if Monroe County
deems such use necessary and is regulated by development agreement
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
Page 7 of 7
DRAFT1 RECEIVED
In the case of direct conflict between any provision of this ordinanc and a pbf $r�c� VMyision
of any appropriate federal, state, or County law, rule code or regulati n, the more restrictive shall
apply. MONROE CO. PLANNING DEPT
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section S. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
(The remainder of this page left intentionally blank.)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of .2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
Page 8 of 8
WDRAFT AR
AR 8 !Ole
By By I MONROE CO. PLANNING DEPT
Deputy Clerk Mayor Geor
Page 9 of 9
ATTACHMENT 3
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
Section 130-131, Figure 1 and on the Official Land Use District Map:
Link to Section 130-131, Figure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
Page 1 of 7
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ("SFWMD") permit requirements.
(3) A fully -compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 130-164,
Maximum Nonresidential Land Use Intensities and District Open Space.
(1)Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of right in the overlay district:
1
Restaurants of 5,000 square feet or less of floor area;
2
Office uses of 5,000 square feet or less of floor area;
3
Commercial fishing;
4
Institutional uses;
5
Light industrial uses;
6
Public buildings and uses;
7
Accessory uses;
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2 ;
(9)
Collocations on existing antenna -supporting structures, pursuant to section
146-5 3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5 5 ; and
12
Satellite earth stations, as accessory uses, pursuant to section 146-5 6 .
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
1
Commercial retail uses of 10,000 square feet or less;
2
Restaurants of 5,001 to 20,000 square feet of floor area;
3
Office uses of 5,001 to 20,000 square feet of floor area; and
Page 2 of 7
4
New antenna -supporting structures, pursuant to section 146-5 1 .
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
1 Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130-82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district. However, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102-56. However, superseding any regulations set forth in
section 102-56 to the contrary, upon issuance of a building permit for commercial retail
use on a parcel, any heavy industrial use or commercial apartment on that parcel shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
(4) Maximum floor area.
a. An individual building may
only if the design of the
requirements:
contain up to 175,000 square feet of floor area
building complies with the following design
Page 3 of 7
i Facades. Facades equal to or greater than one hundred (100)
feet in length, measured horizontally, shall incorporate wall plane
projections or recesses having a depth of at least three (3) percent of
the length of the facade and extending at least twenty (20) percent of
the length of the facade. No uninterrupted length of any facade shall
exceed forty (40) horizontal feet.
ii. Roofs. Roofs sha4 h&,,e ne loss than twe (2) of the fit,,,, ing f 4ufes
All buildings, regardless of size, shall incorporate at least two of the
following roof -related architectural features:
1. 2-. Overhanging eaves, extending no less than three (3) feet past the
supporting walls;
Sloping roofs with an average slope greater than or equal to one
(1) foot of vertical rise for every three (3) feet of horizontal run
and less than or equal to one (1) foot of vertical rise for everyone
(1) foot of horizontal run;
3.4. Three (3) or more roof slope planes; and/or
4. -5- A specific architectural element proposed by the applicant's
architect that is acceptable to the planning director.
Any building with a flat roof and/or any building on which rooftop
equipment is installed (HVAC units, etc.), parapets shall be
incorporated to conceal the flat roof and rooftop equipment from
public view. The average height of such parapets shall not exceed
fifteen (15) percent of the height of the supporting wall and such
parapets shall not at any point exceed one-third (1 /3) of the height of
the supporting wall. Such parapets shall feature three-dimensional
cornice treatment.
iii. 111aterial and/or color variation. A front building facade, regardless of
the building's size, shall include at least two material types and at least_
two colors. a ��^ s
iv. Design consistency. Compatible and consistent designs, materials and
colors shall be utilized for all structures within the overlay district in
order to make the development as a whole more cohesive.
b. No individual tenant space shall exceed 140,000 square feet.
Page 4 of 7
c. The cumulative total of all commercial floor area within the overlay district
shall not exceed a maximum floor area of 350,000 300,000 square feet.
(5) Required Public Improvements. As p Prior to submittal of any development
application involving commercial retail use,
memefialiFed by the developer shall enter into a development agreement with the
board of county commissioners in accordance with the procedures set forth in section
110-33. between Develepef and County and The development agreement shall be
contingent on:
a. The developer dedicating to the County (or long term leasing for $1 per year,
minimum of 20 years) and constructing 4,000 sq. ft i i , a public
facility, consisting of a minimum amount of 5,000 sq. ft. of total floor area,
which includes the following features:
i. A 200-seat capacity community meeting eente, room; and
ii_, wtd-�� Restroom and kitchen facilities: and
iii. 1,000 sq. ft. of area for neighborhood -oriented services that will be made
available by the County to users (i.e. hobby rooms or computer rooms).
The public facility may be utilized for pWAie meetings of non-profit, for -
profit, County, or community organizations, as well as other governmental
and public entities, on a first -come first serve basis, and 1.000 s
Operational Fees for the facility may be charged by the County. This facility
must be-G.OA receive a certificate of occupancy prior to, or concurrent with,
issuance of a certificate of occupancy for a building to be utilized by te, any
commercial retail use.
b. The developer constructing and making available for lease 10,000 sq. ft. of
commercial retail floor area consisting of no fewer than four (4) separate
commercial units, each no larger than 2,500 sq. ft. for neighborhood -oriented
retail and service uses such as, but not limited to animal/veterinary clinics,
ee€fee shops/ to fitness centers, hair salons/barber shops, mail and
shipping services, medical offices, professional services, or similar
neighborhood -oriented uses deemed acceptable by the planning director on a
first come first basis.
c. The developer providing bike bicycle/pedestrian paths connecting the
development to the eery traihUS I system along the US 1 corridor and a
multi -modal transit stop for mass transit, which shall include designated areas
for bicycle, scooter and motorcycle parking.- and an electric car charging
system to reduce vehicle trips to faeil i4ate_ us_e-ef:Y n� , t„a ��t arm limit f6pS .
US 1. The mass transit stop shall include a covered and secure area for
passengers waiting for transportation.
Page 5 of 7
d. The developer shall funding at least one (D City of Key West bus
purchase for use on the Key West - Marathon route to provide better, more
frequent public transit to alleviate traffic on US 1 caused by commercial
development.
(6) Traffic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
(7) Required US I improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and after
the Traffic Impact Statement is complete, based on FDOT standards, improvements
to US 1 are warranted, the developer is responsible for the funding of designing,
permitting, installing and constructing the required improvements related to the
proposed development prior to the issuance of a building permit or prior to a
certificate of occupancy if the applicant enters into a development agreement with the
County which regulates the timing of the improvements to US 1 .
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. The
community meeting facility required in subsection (d)(5) shall not be constructed in
the most current 75 DNL area, excluding only improvements related to transportation.
(9) Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
(10) Affordable Housing. Ne—Eei4ifieeAe-of-Oe issued retail
development tinder- this ever -lay distfiet uwil the eyfisfing iiwentefy of a&r-dable
housing tfflits within a r-aditts of fifteen (15) miles has been iner-eased ever- the 2012
iiwentetzy by ne fewer- than 50 new units ef aff-er-dable Prior to the issuance
of a certificate of occupancy for commercial retail use of greater than 10,000 sq. ft.
within the overlay district, the developer shall a) construct 50 new affordable
housing units in the Lower Keys ROGO subarea or b) provide alternative
compliance for 50 new affordable housing units, utilizing one of more of the
methods set forth in section 130-161, which includes i) the deed -restriction of
existing dwelling units, ii) in -lieu fees and iii) land donation, or iv linkage to an
affordable housing_ project or projects pursuant to section 130-161(c) where at least
50 new affordable housing units not required by another project) are constructed in
the Lower Keys ROGO subarea. A combination of a) and b)i, b)ii, b)iii and/or b)iv
may be allowed.
(11) Boundary Buffers.
Page 6 of 7
buff r ,,,hiehe. e f is gr-e *o, Prior to the issuance of a commercial retail use of
greater than 10,000 sq. ft. within the overlay district, the applicant shall install a
class "D" bufferyard along the boundary of the overlay district adjacent to US 1 and
class "C" bufferyards along all other non -shoreline boundaries of the overlay district.
(12) Hurricane Preparedness. To further the goals of Monroe County to be prepared for
hurricanes and to assist in the clean up afterwards, parking facilities in the overlay
district shall be made available for use by Monroe County for the storage of official
vehicles in advance of major storm events, if Monroe County deems such use
necessary and is regulated by development agreement.
Page 7 of 7
F
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT
ALLOWS COMMERCIAL RETAIL DEVELOPMENT; TO
ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR SUCH
COMMERCIAL RETAIL DEVELOPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a private applicant, represented by Trepanier & Associates, Inc., is proposing
amendments to the text of the Monroe County Code. The amendment would establish a new
overlay district in the Land Development Code: the Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district are to be set
forth in a new section of the Monroe County Code, Section 130-131; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community and provide additional details concerning uses and regulations for development
within the overlay district; and
WHEREAS, through a separate map amendment process, the boundaries of the overlay district
would be defined on the Official Monroe County Land Use District Map and the affected
properties would maintain their underlying existing land use (zoning) district designations; and
WHEREAS, during a meeting held on November 13, 2012, the Monroe County Development
Review Committee reviewed the ordinance and the Chair recommended denial to the Board of
County Commissioners unless revisions were carried out as discussed at the Development
Review Committee meeting; and
Page 1 of 10
WHEREAS, during a public hearing held on November 28, 2012, the Monroe County Planning
Commission reviewed the ordinance and recommended approval to the Board of County
Commissioners; with modifications presented in Planning Commission Resolution No. P47-12.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. New section 130-131 is to be added to the Monroe County Code. The proposed
text —whether presented by the applicant or staff is new and existing text shall not be
affected. Areas of disagreement between the applicant and staff are identified within shaded text
boxes. In addition, within those text boxes, text proposed by the applicant is derlined i
_ashes_ eentext box and text recommended by Growth Management Division staff is
derlined le text box
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
Section 130-131, Figure 1 and on the Official Land Use District Map:
Link to Section 130-131, Figure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
Page 2 of 10
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ("SFWMD") permit requirements.
(3) A fully -compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 130-164,
Maximum Nonresidential Land Use Intensities and District Open Space.
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of right in the overlay district:
1
Restaurants of 5,000 square feet or less of floor area;
2
Office uses of 5,000 square feet or less of floor area;
3
Commercial fishing;
4
Institutional uses;
5
Light industrial uses;
6
Public buildings and uses;
7
Accessory uses;
Page 3 of 10
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2 ;
(9)
Collocations on existing antenna -supporting structures, pursuant to section
146-5 3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5(5); and
12
Satellite earth stations, as accessory uses, pursuant to section 146-5 6 .
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
1
Commercial retail uses of 10,000 square feet or less;
2
Restaurants of 5,001 to 20,000 square feet of floor area;
3
Office uses of 5,001 to 20,000 square feet of floor area; and
4
New antenna -supporting structures, pursuant to section 146-5 1 .
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) 1
Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130-82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district. However, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102-56. However, superseding any regulations set forth in
section 102-56 to the contrary, upon issuance of a building permit for commercial retail
use on a parcel, any heavy industrial use or commercial apartment on that parcel shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Page 4 of 10
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
(41 Mgximumnloor area.
a__ An individual buildingmay_contain up to 175.000 square_feet of floor area if the
design ofthe huiL&gipplies with the following design guidelines;
iFacades_ Facades equal_to or�reater than one hundred (100) feet in length1
measured_ horizontally. shallincorporate wall -plane projections or -recesses
having a depth of at least three_(3- ) percent_of 1bgIgngtti of the facade and
extending at_ least_ twenty _(201 percent of the_ len,_gth of the_ facade. _ No
uninterrupted length of and facade shall exceed forty_(40) horizontal feet.,
ii_._ Roofs_ Roofs shall have no less than two (2) of the following_ features_
1, _ Parapets concealing flat roofs and rooftop equipment.such as HVAC units
from public view_ The average height of such parapets_shall not exceed
_fi_fteen f 15Jpercent of the height of the supporting_wall and such._Mrapets
shall -not at and point exceed one-third (1 /3� of the height of the sup�ortin_g
wall _ .See_ Figure _ 13� Such _parapets shall _feature _three=dimensional
cornice treatment
2, _Overhanging_ eaves. _extending _ no_ less _than three_ f3 1 _ feet_ past -the
supporting walls;
3, _ Sloping roofs with an average slope greater than or equal to one (1 ) foot of
vertical rise for every three (3Jfeet of horizontal run and less than or equal
to one illfoot of vertical rise for everyone (1) foot of horizontal run;
4, _ Three �3) or more roof sloe planes;
5, _ A specif c architectural element proposed b the applicant's architect that
is acceptable to 1bg.ELaggjng, Director.
b. _ No individual tenant space shall exceed 140,000 square feet_
c_ The cmqWtivLtQ14L of AL commercial floor area within the overlay district shall
not exceed a maximum floor area f 300,000 350,000 square feet.
(4) Maximum floor area.
a. An individual building may contain up to 175,000 square feet of floor area only if
the design of the building complies with the following design requirements:
L Building, Facades. Facades equal to or greater than one hundred (100) feet in
length, measured horizontally, shall incorporate wall plane projections or
recesses having a depth of at least three (3) percent of the length of the facade
and extending at least twenty (20) percent of the length of the facade No
uninterrupted length of any facade shall exceed forty (40) horizontal feet
ii. Roofs. All buildings, regardless of size shall incorporate at least two of the
following roof -related architectural features:
Page 5of10
l5,
1. Overhanging eaves, extending no less than three (3) feet past the
supporting walls.
3. Sloping roofs with an average slope greater than or equal to one (1) foot of
vertical rise for every three (3) feet of horizontal run and less than or equal
to one (1) foot of vertical rise for everyone 1) foot of horizontal run.
4. Three 3) or more roof slope planes.
5. A specific architectural element proposed by the applicant's architect that
is acceptable to the Planning Director.
For any building with a flat roof and/or any building on which rooftop
equipment is installed, parapets shall be incorporated to conceal the flat roof
and rooftop equipment, such as HVAC units, from public view. The average
height of such parapets shall not exceed fifteen (15) percent of the height of
the supporting wall and such parapets shall not at any_point exceed one-third
(1/3) of the height of the supporting wall. Such parapets shall feature three-
dimensional cornice treatment.
iii. Material and/or color variation. A front building fagade, regardless of the
building's size, shall include at least two material types and at least two
colors.
iv. Design consistency. Compatible and consistent design, materials and colors
shall be utilized for all new structures within the overlay district in order to
make the development as a whole more cohesive.
b. No individual tenant space shall exceed 140,000 square feet.
c. The cumulative total of all commercial floor area within the overlay district shall
i IZeguired public_im�rov_ements_ As_part_of gM dev_elopmerrt_application_inv_oly'
commercial_ retail _use,_ approval _of_ the _application_ shall be _memorialized by
Development Agreement between Developer and County -and shall be contingent on.:
a_ _ The developer dedicating to the County_ (or long-term leasing for $1_ per _year,
minimum of 20 years) and constructing 4a000 sq._ft_ minimums 200= seat capacity
community meeting center, with bathrooms and -kitchen for _public meetings_of
non_ prof t _for prof t _County, or_community_organizations on a _first -come _fr_rst
serve basis,_ and_1.000 sg ft__ for neighborhood -oriented services that will be
made available by the County, _ Operational Fees - for the facility may be charm ed
by_the County_ This facility must be C.O.'d prior to, or concurrent with,,_issuance
of a Certificate of Occupancy_to any commercial retail use.
b.-The developer constructiniz_and making_ available for_lease_ 10,000 sq,_ft._of
commercial- retail floor area consisting _of no -fewer _than four_ f 4j _ seSarate
commercial units, each_no_larger than 2,500 sq_ft_ for_ neighborhood=oriented
retail and service uses such as, but not limited to animal clinics coffee shops/ tea
rooms, fitness_ centers _hair salons. mail and shipping serv_icesi medical offices,
professional seryices, or similar uses on a first come first serve basis_
c, The developer providing bike maths connecting the_development to_the county
trail/US 1 system and a multi -modal transit stogy for mass transit, bicycle. scooter,
and electric car charging system to facilitate use -of mass -transit and limit trips on
US 1.
Page 6 of 10
d__ The developer shall fund at least one Cittv of Key —West —bus purchase for use on
the Key West _ Marathon route toDrovide better. more frequuent public transit to
alleviate traffic on US 1_caused by commercial_dev_elopment_
(5) Required public improvements. Prior to submittal of any development application
involving commercial retail use, the developer shall enter into a development
agreement with the board of county commissioners in accordance with the procedures
set forth in section 110-33. The development agreement shall be contingent on:
a. The developer dedicating to the County (or long term leasing for $1 per
minimum of 20 years) and constructing a public facility, consisting of a minimum
i. A 200-seat capacity communi , meeting room, and
ii. Restroom and kitchen facilities, and
iii. 1,000 sq. ft. of area for neighborhood -oriented services that will be made
available by the County to users (i.e. hobby rooms or computer rooms).
The public facility may be utilized for meetings of non-profit, for -profit,
County, or communily organizations, as well as other governmental and
public entities, on a first -come first serve basis. Operational Fees for the
facility may be charged by the County. This facility must a certificate of
occupancy prior to, or concurrent with, issuance of a certificate of occupancy
for a building to be utilized by any commercial retail use.
b. The developer constructing and making available for lease 10,000 sq. ft. of
commercial retail floor area consisting of no fewer than four (4) separate
commercial units, each no larger than 2,500 sq. ft. for neighborhood -oriented
retail and service uses such as, but not limited to animal/veteringa clinics, fitness
centers, hair salons/barber shops, mail and shipping services, medical offices,
professional services, or similar neighborhood -oriented uses deemed acceptable
by the planning director on a first come basis.
c. The developer providing bicycle/pedestrian paths connecting the development to
the coijnV trail system along the US 1 corridor and a multi -modal transit stop for
mass transit, which shall include designated areas for bicycle, scooter and
motorcycle parking and an electric car charging system to limit vehicle trips. The
mass transit stop shall include a covered and secure area for passengers waiting
for transportation.
d. The developer funding at least one (1) City of Key West bus purchase for use on
the Key West — Marathon route to provide better, more frequent public transit to
(6) Traffic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
(7� Required_ US_ 1_ improvements__Notwithstanding_other _revisions_ of the_ Land
Development Code, if.duringthe conditional use germit apgroyalprocess and after
the _Traffic _I_mpact Statement is comDletebased on F_D_OT standards. improvements
to US 1_are warranted. the developer is responsible_ for the funding of designing,
permitting. installing_ and_ constructing the_ required_ improvements _related to_ the
Page 7 of 10
proposed_development .prior to the -issuance -of a building _Rermit_ or_prior_to a
Certificate of Occupancy -if the applicant enters into -a development agreement with
the County_which regulates the timing of the improvements to U_S_1
(7) Required US 1 improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and after
the Traffic Impact Statement is complete, based on FDOT standards, improvements
to US 1 are warranted, the developer is responsible for the funding of designing,
permitting, installing and constructing the required improvements related to the
posed development prior to the issuance of a building_ permit or prior to a
certificate of occupancy if the applicant enters into a development agreement with the
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. The
community meeting facility required in subsection (d)(5) shall not be constructed in
the most current 75 DNL area.
(9)Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
f 101 _ _ Affordable Housing._ No Certificate_ of Occupancy_ may_ be issued _for retail
de_T_1QR ent under this o_v_erlay_ district until the existing inventory of affordable
housing units within a radius of fifteen-0 5) miles_has been increased over the 2012
inventory by no fewer than 50 new units of affordable housing
(10) Affordable Housing. Prior to the issuance of a certificate of occupancy for
commercial retail use of greater than 10,000 sq. ft. within the overlay district, the
developer shall a) construct 50 new affordable housing units in the Lower Keys
ROGO subarea or b) provide alternative compliance for 50 new affordable housing
units, utilizing one of more of the methods set forth in section 130-161, which
includes i) the deed -restriction of existing dwelling units, ii) in -lieu fees and iii) land
donation, or iv) linkage to an affordable housing_ project or projects pursuant to
section 130-161(c) where at least 50 new affordable housing units (not required by
another project) are constructed in the Lower Keys ROGO subarea. A combination of
11 Boundary_ Bufers__ Property_ within the overlay_ district shall maintain boundarry
buffer requirements consistent with the Industrial land use district or a Class A buffer,
whichever is greater:
(11) Boundary Buffers. Prior to the issuance of a commercial retail use of greater than
10,000 sq. ft. within the overlay district, the applicant shall install a class "D"
bufferyard along the boundary of the overlay district adjacent to US 1 and class "C"
Page 8 of 10
(12) Hurricane Preparedness. To further the goals of Monroe County to be prepared
for hurricanes and to assist in the clean up afterwards, parking facilities in the overlay
district shall be made available for use by Monroe County for the storage of official
vehicles in advance of major storm events, if Monroe County deems such use
necessary and is regulated by development agreement.
Section 2. Application.
This ordinance applies to applications submitted on or after the effective date.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 4. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 5. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 6. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
Land Planning Agency or Administration Commission approving the ordinance, and if the final
order is challenged, until the challenge to the order is resolved pursuant to F.S., Chapter 120.
Section 7. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Page 9of10
Section 8. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
By
Deputy Clerk Mayor George Neugent
MONRO NTY ATTORNEY
PR VED AS TO FORM
Page 10 of 10
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P47-12
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY TREPANIER & ASSOCIATES, INC. FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY
THAT ALLOWS COMMERCIAL RETAIL DEVELOPMENT;
TO ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR
SUCH COMMERCIAL RETAIL DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled public meeting held on November 28, 2012,
the Monroe County Planning Commission conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, to establish a new
section of the Monroe County Code, §130-131, Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district would
be set forth in a new section of the Monroe County Code, § 130-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community; and
WHEREAS, through a separate map amendment process, the overlay district would be
defined on the Official Monroe County Land Use District Map. Affected properties would
maintain their underlying existing land use (zoning) district designations; and
Resolution 047-12
File #2011-094 Page 1 of 1
WHEREAS, the applicant originally proposed amendments to § 130-82, § 130-164 and
§ 138-50 of the Monroe County Code. The originally proposed amendments affected the
Industrial (I) land use district by allowing an additional land use, commercial retail (however, as
drafted, the amendment would have affected only properties within the Lower Keys ROGO
Subarea with Industrial future land use and tier 3 designations). In addition, the amendment
included related modifications to land use intensities and exceptions to the Nonresidential Rate
of Growth Ordinance (NROGO) regulations; and
WHEREAS, during a scheduled meeting held on March 27, 2012, the Monroe County
Development Review Committee conducted a review and consideration of the original request
and the planning director signed Resolution #DRC 08-12 on April 3, 2012, recommending
denial; and
WHEREAS, during a regularly scheduled public meeting held on May 30, 2012, the
Planning Commission conducted a review and consideration of the original request and planning
commission chair signed Resolution #P23-12 on June 27, 2012, recommending denial; and
WHEREAS, following the recommendations of denial, the applicant opted to revise the
application to establish a new overlay district rather than continue with having the originally
proposed amendments heard and decided upon by the Board of County Commissioners; and
WHEREAS, in addition, the applicant submitted an additional request for a map
amendment to establish the boundaries of the proposed overlay district (Planning Department
File #2012-142); and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Request for a Text Amendment application, received by the Planning &
Environmental Resources Department on August 4, 2011 (File #2011-094); and
2. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated November 20, 2012; and
3. Draft Ordinance; and
4. Testimony of Monroe County Planning & Environmental Resources Department
staff; and
5. Testimony of the applicant; and
6. Testimony of the general public; and
7. Comments by Ron Demes, ex-officio member of the Planning Commission, as
designated by the base commander of the Naval Air Station Key West; and
8. Advice and counsel of Susan Grimsley, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe
County Development Review Committee reviewed the ordinance and the Chair recommended
Resolution 047-12
File #2011-094 Page 2 of 2
denial to the Board of County Commissioners unless revisions are carried out as discussed at the
meeting; and
WHEREAS, Planning & Environmental Resources Department staff recommended that
the Monroe County Code not be amended as requested by the applicant unless the applicant
incorporates staff s recommended changes presented in the staff report and at the public hearing;
and
WHEREAS, at the November 28, 2012 public hearing, the Planning Commission
recommended that the Board of County Commissioners approve the text amendment with the
following modifications:
1. Inclusion of staffs' recommended revisions in the November 20, 2012 staff report
unless directed otherwise at the November 28, 2012 public hearing; and
2. Revise section 130-131(d)(4), as recommended by staff, to increase the total of floor
area that would be allowed within an individual building in the overlay district from
125,000 square feet to 140,000 square feet (if the applicant submits data and analysis
indicating that such a structure would not adversely affect community character).
Note: the applicant did not request any such limitation; and
3. Revise section 130-131(d)(4), as proposed by the applicant, to reduce the cumulative
total of all floor area that would be allowed within the overlay district from 500,000
square feet to 400,000 square feet. Note: staff recommended that the total be reduced
from 500,000 square feet to 300,000 square feet; and
4. Concerning section 130-13 1 (d)(5), initially proposed as section 130-13 1 (d)(6) by the
applicant, not include the following language, as recommended by staff: The
construction costs shall be fully borne by the developer and no certificates of
occupancy shall be issued for any commercial retail square footage prior to the
completion and issuance of a certificate(s) of occupancy/completeness for the
required public improvements; and
5. Concerning section 13 0-13 1 (d)(6), initially proposed as section 130-131(dx7) by the
applicant, not include the following language recommended by staff. —concluding
that U.S. 1 has an adequate level of service for the proposed development. Note:
Staff did not object to this modification at the November 28, 2012 public hearing; and
6. Revise section 130-131(d)(7), initially proposed as section 130-131(d)(8) by the
applicant, as proposed by the applicant, to have the provisions apply to all conditional
use permit applications, as opposed to only major conditional use permit applications.
Note: Staff did not object to this modification at the November 28, 2012 public
hearing; and
7. Revise section 130-131(d)(8), initially proposed as section 130-131(d)(9) by the
applicant, as proposed by Ron Denies at the November 28, 2012 public hearing, to
include an additional restriction that the public improvements required by section
130-131(d)(5) should not be located in a 75 DNL (Day Night Average Sound Level)
area, with the exception of improvements related to transportation. Note: Staff did
not object to this modification at the November 28, 2012 public hearing; and
8. Add section 130-131(d)(9), as recommended by staff at the November 28, 2012
public hearing, to restrict use in areas designated Native Area (NA); and
Resolution 047-12
File #2011-094 Page 3 of 3
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
9. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
10. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
11. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. With the modifications suggested by the Planning Commission, the proposed text
amendment is consistent with the provisions and intent of the Monroe County
Comprehensive Plan:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
correspond, respectively, to the Future Land Use Map (FLUM) designations of
Industrial (1) and Residential Conservation (RC) as set forth in Policy 101.4.21 of
the Monroe County Year 2010 Comprehensive Plan; and
b. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Residential Conservation
(RC) Future Land Use Map (FLUM) designations, as set forth in Policies 101.4.7
and 101.4.1 of the Monroe County Year 2010 Comprehensive Plan; and
c. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (I) and Residential
Conservation (RC) Future Land Use Map (FLUM) designations, as set forth in
Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan; and
Resolution 047-12
File #2011-094 Page 4 of 4
2. With the modifications recommended by the Planning Commission, the proposed text
amendment is consistent with the provisions and intent of the Monroe County Code:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
shall not be affected by this application; and
b. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Native Area (NA) Land Use
Districts, as set forth in § 130-33 and § 130-39 of the Monroe County Code; and
c. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (I) and Native Area
(NA) Land Use Districts, as set forth in § 130-57, § 130-62 and § 130-64 of the
Monroe County Code; and
d. As regulations pertaining to an overlay district and revised by the Planning
Commission, the proposed map amendment meets three of the factors set forth in
§102-158(d)(5)b. of the Monroe County Code: Changed projections (e.g.,
regarding public service needs) from those on which the text or boundary was
based, Changed assumptions (e.g., regarding demographic trends) and new issues;
and
3. With the modifications recommended by the Planning Commission, the proposed
map amendment is not inconsistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
text amendment application with the aforementioned revisions as specified at the public hearing.
Section 1. The proposed amendments are set forth in Exhibit A attached hereto and incorporated
herein. Proposed text in which the Planning Commission does not recommend any changes to at
this time is underlined. Proposed text proposed by the applicant that the Planning Commission
recommends should be deleted is and text in which the Planning
Commission recommends should be added is double underlined.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 28`h of November, 2012.
Chair Werling YES
Vice -Chair Wall YES
Commissioner Hale YES
Commissioner Lustberg NO
Commissioner Wiatt YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
Resolution 047-12
File #2011-094 Page 5 of 5
BY Z X
Denise Werling, Chair
Signed this A day of ___, 2011
*P*
Resolution #P47-12
File #2011-094 Page 6 of 6
Exhibit A:
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay Distract is to implement applicable goals objectives and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non-
environmentallynon-
envirompentally sensitive area of the Lower Keys that pnmaril serves the needs of
permanent residents of the Lower Keys The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the
overlay dishid. a scarified area that has historically been developed with nonresidential
uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District ad is
illustrated in Section 130-131 Fi e 1 and on he Miici 1 L d ILw District Maw
Link to Section 130-131 Figure 1
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district in addition to the protections afforded in the
comprehensive plan and this Land Development Code all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
with established permit conditions On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restomfion activities). Activities prohibited within the conservation areas include but
are not limited to:
(a) Construction or placing of buildings roads signs and/or other similar
infrastructure on or above the mod_
(bl Dumping or placing soil or material as landfill or dumping or placing of trash
waste, or unsightly or offensive materials,•
(c) Removal or destruction of trees shrubs or other vegetation excluding vegetation
classified as invasive exotic,•
(d) Excavation. dredging or removal of loam peat gravel soil rock or other
material substances in such manner as to affect the surface,•
e Surface use except -for ses that vennit the land or water area to remain
predominantly in its natural condition,•
Lf) Activities or development detrimental to drainage flood control water
conservation. erosion control soil conservation or fish and wildlife habitat
preservation. including but not limited to ditching diking or fencing,
(g) Activities or development detrimental to such retention of land or water areas:
Resolution 047-12
File #2011-094 Page 7 of 7
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical architectural
archaeological, or cultural significance: and
(i) Anv land use not related to preserving the natural state of the conservation area
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation and fencing and signape at the
limits of the Conservation Easement will be implemented in conformance with Sgi.
Florida Water Management District (SFWMD) permit requirements
(3) A fully -compliant SFWMD-approved stormwater mans eg ment system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
be implemented as part of tho any re -development process.
(d) Within the boundaries of the overlay district the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district and the maximum nonresidential
land use intensities in subsection (2) shall be enforced in lieu of section 130-164
Maximum Nonresidential Land Use Intensities and District Open Space
Aii'6idt�ibli� N"Cir. _lt �-..____ :-- =_L-- g--_- r,• ..-_:1 ref !El Awl be
__�-- -
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The followina uses are permitted as of rit in the overlay district:
1
staurants of 5,000 Nuare feet or less of floor arm,
2
ce uses of 5,000 Nuare feet or less of floor are
momufmhNimeg we —on.
Commercial fishing,
Institutional uses•
Light industrial uses,
Public buildinga and uses-,
Accesso uses-,
() $M
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2
40® 0
Collocations on existing antenna -supporting structures pursuant to section
146-5 3 -
( 1�25
Attached wireless communications facilities as accessoruses. pursuant to
section 146-5 4 •
(42) CW
Stealth wireless communications facilities as accessory uses pursuant to
sec 'on 146-5 5 • and
Satellite earth stations as accessory usespursuant to section 146-5 6 .
The following
uses are permitted as minor conditional uses in the overlay district.
subject to the
standards and procedures set forth in chapter 110 article III:
Resolution 047-12
File #2011-094 Page 8 of 8
1
Commercial retail uses of 10.000 mare feet or less-,
2
Restaurants of 5,001 to 20,000 gguare feet of floor
3
Office uses of 5,001 to 20,000 gguare hpd of floor area,• and
4
New antenna:&M= structures, pmuent to section 146-5 U1.
The following uses are permitted as major conditional uses in the overlay district
subject to the standards and procedures set forth in chanter 110. article III: n;
CAW -W an 1-61114'au-1
Commercial retail es of 10 001 s uare feet or eater.
As set forth
in section 130-82, heave industrial uses and cnm_m=ial y a opts are
n=311 ed uses
the boundary
in the Industrial district. Hoy=sever. these uses are not D=iUcd ::thin
of the overlay district. All existing, la illy established hem 'ndust_r_i
uses md commercial
apartments and in the bo ochry of th_e overlay distda s atl be
conddcmd
nonconforming uses unQn adoption of the boundary and may i_n_
accordance
_con_inue
with section 102-56. However. saner ed'ng my regulations set bllhh
swion 2-56
-issuance of a building permit for omercial retail
use on a
. any heaw industrial use or gom_merc'aul apa-rt*nent on that narcpl shall
be tcmL�
(2) Maximum Nonresidential Land Use Intensities and District Open Space For the
purposes of this overlay istrict uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 Nquare feet within 600 feet of the edge of the U.S. 1
ri t of way.
Resolution 047-12
File #2011-094 Page 9 of 9
,if -it O1. I 11 - MI a 41M.4 11-1511 i 670 , -7
_--1 11 i,l.l . .-- -
■
(1K�) Reauired Public improvements. The development of commercial retail facilities
greater than 10,000 square feet permitted under this overlay district, shall be required
to provide an area on site, equal to 5% of the commercial retail facilities' FAR for a
public/ community facility including bike paths and a multi -model transit stop.
Rd_ f 61 Traffic Impact Statement. Prior to any development approval, a Traffic Impact
Statement shall be required regardless of traffic generated b dy evelopment
) Reauired US I improvements. Notwithstanding other provisions of the Land
Development Code, if, during the maw conditional use permit_ approval process and
after the Traffic Impact Statement is complete, based on FDOT standards
improvements to US 1 are warranted the developer is responsible for the funding of
designing, permitting, installing and construction of the required improvements
related to the proposed development.
(W8) Sound Attenuation. Habitable structures, permitted under this overlay district
shall meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard Public
'mnrovements muired in subsection (d)(5) "I not be located in a 75 DN ,area.
exchidinil only imnrovements related to cnortation.
Resolution #P47-12
File #2011-094 Page 10 of 10
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 20-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
DENIAL OF THE REQUEST BY TREPANIER & ASSOCIATES
INC. FOR AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ESTABLISHING
MONROE COUNTY CODE SECTION 130-131, ROCKLAND
KEY COMMERCIAL RETAIL CENTER OVERLAY
DISTRICT; TO CREATE AN OVERLAY DISTRICT ON
ROCKLAND KEY THAT ALLOWS COMMERCIAL RETAIL
DEVELOPMENT; TO ESTABLISH MAXIMUM FLOOR AREA
RATIOS FOR SUCH COMMERCIAL RETAIL
DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, during a scheduled meeting held on November 13, 2012, the Development
Review Committee (DRC) of Monroe County conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, for an amendment to
the text of the Monroe County Code (MCC) to establish a new section, §130-131, in order to
create a regulation addressing a new overlay district to the Monroe County Land Use District
Map, the Rockland Key Commercial Retail Center Overlay District; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district. Requirements of, and regulations
related to, the base or underlying district may or may not be altered. The purpose of the
proposed overlay district is to address special land use circumstances of Rockland Key and the
Lower Keys related to the commercial retail needs of the community; and
Resolution # DRC 20-12
File #2011-094 Page 1 of 2
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1. As drafted by the applicant and presented to the DRC , the proposed text amendments
are not consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
2. As drafted by the applicant and presented to the DRC, The proposed text amendments
are not consistent with the provisions and intent of the Monroe County Code; and
3. The proposed text amendments are not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, staff recommended that the Monroe County Code not be amended as
requested by the applicant unless the applicant incorporates staff s recommended changes. At
the DRC meeting, the applicant agreed to consider staff s recommended changes.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the November 13, 2012 meeting supports the Chair's decision to
recommend denial to the Planning Commission and Board of County Commissioners unless
revisions are carried out as discussed at the meeting.
Date /,/, 0 Z,
Towr?fey.5effwab, Development Review Committee Chair and
Senior Virector of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hind and official seal in the County and State last aforesaid this 3 ® day of
2012.
NOTARY PUB , STATE OF .ORIDA
' MAM TE MON
NOtvp Pdit - Oft Of RKW
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Case IMN # EE 195590
8=bd Tfa O f %W Nftq A a
Resolution # DRC 20-12
File #2011-094 Page 2 of 2
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