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Item Q3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17, 2013 Division: Growth Management Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Code by establishing 2 Commercial Districts; amending Section 130-2, Land Use Districts Established; creating Section 130-51, Purpose of the Commercial 1 District (Cl); creating Section 130-52, Purpose of the Commercial 2 District (C2); creating, within Article III Permitted and Conditional Uses, Section 130-102, Commercial 1 District (Cl), and Section 130-103, Commercial 2 District (C2); and amending Section 130-164, Maximum Nonresidential Land Use Intensities and District Open Space. (FIRST OF 2 HEARINGS — NO VOTE AT THIS MEETING) ITEM BACKGROUND: The BOCC recently adopted an amendment to the MC 2010 Comprehensive Plan establishing a Commercial (COMM) future land use map (FLUM) category, with corresponding land use districts Commercial 1 and Commercial 2. Florida Statute requires the adoption of land development regulations to be consistent with and implement the comprehensive plan. The proposed amendment is necessary to keep the Land Development Code consistent and implement the Comprehensive Plan by establishing the two commercial land use districts under the new Commercial FLUM category, as well as their corresponding intensities and open space requirements. As discussed in detail during the review of the Comprehensive Plan amendment, the creation of exclusively commercial land use districts can provide alternative uses for private property which do not include a residential component, and, therefore, do not contribute to increases in hurricane evacuation clearance times. Additionally, the proposed commercial land use districts can assist the County in implementing other necessary planning projects, such as enhancing economic sustainability and addressing nonconformities. PREVIOUS RELEVANT BOCC ACTION: On May 22, 2012, the BOCC adopted the 2012 Evaluation and Appraisal Report (EAR) for the Monroe County Year 2010 Comprehensive Plan. On September 21, 2012, the BOCC adopted Ordinance 028-2012 amending the Comprehensive Plan to include Policy 101.4.20 discouraging private applications for FLUM changes which increase allowable density/intensity. On February 20, 2013, the BOCC adopted Ordinance 010-2013 amending the MC 2010 Comprehensive Plan to establish a Commercial future land use category, and revise the "Future Land Use Densities and Intensities" table to include a Commercial (COMM) future land use category, corresponding Commercial 1 and Commercial 2 zoning categories, and establish the density and intensity standards. This ordinance becomes effective upon DEO's issuance of a Notice of Intent finding the amendment in compliance. DEO will provide the notice by April 26, 2013. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty DOCUMENTATION: Included X BUDGETED: Yes No SOURCE OF FUNDS AMOUNT PER MONTH Year OMB/Purchasing Not Required Risk Management _ DISPOSITION: AGENDA ITEM #. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From: Mayte Santamaria, Assistant Director of Planning Emily Schemper, Senior Planner Date: March 20, 2013 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE BY ESTABLISHING TWO COMMERCIAL DISTRICTS; AMENDING SECTION 130-2, LAND USE DISTRICTS ESTABLISHED; CREATING SECTION 130-51, PURPOSE OF THE COMMERCIAL I DISTRICT (C1); CREATING SECTION 130-52, PURPOSE OF THE COMMERCIAL 2 DISTRICT (C2); CREATING, WITHIN ARTICLE III PERMITTED AND CONDITIONAL USES, SECTION 130-102, COMMERCIAL I DISTRICT (Cl); AND SECTION 130-103, COMMERCIAL 2 DISTRICT (C2); AND AMENDING SECTION 130-164, MAXIMUM NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE; 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 I. REQUEST This is a request from the Planning & Environmental Resources Department to create Monroe County Code (MCC) §130-51, §130-52, §130-102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and "Commercial 2" land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements. This request creates land development regulations that are consistent with and implement the Commercial (COMM) future land use category in the Comprehensive Plan adopted by BOCC Ordinance 010-2013 on February 20, 2013. Page 1 of 15 1 II. BACKGROUND INFORMATION & ANALYSIS 2 3 Currently, the County does not have any exclusive commercial land use districts. Commercial 4 uses are allowed in the following existing land use districts: 5 6 Permitted as of Right 7 Commercial fishing area district (CFA) 8 Commercial fishing special districts (CFS) 9 Commercial fishing village district (CFV) 10 Industrial district (I) 11 Maritime industries district (MI) 12 Military facilities district (MF) 13 Mixed use district (MU) 14 Recreational vehicle district (RV) 15 Suburban commercial district (SC) 16 Urban commercial district (UC) 17 18 Permitted as Minor Conditional Use 19 Destination resort district (DR) 20 Suburban residential district (SR) 21 22 Permitted as Major Conditional Use 23 Improved subdivision district (IS) 24 Improved subdivision vacation rental district (IS-V) 25 Urban residential —mobile home district (URM) 26 Urban residential mobile home —limited district (URM-L) 27 28 Each of these land use districts allows some form of residential use as well. 29 30 As the County has undertaken the tasks outlined in Rule 28-20.140, Florida Administrative Code 31 (F.A.C.) and the evaluation of the 2010 Comprehensive Plan, several issues have been 32 highlighted that indicate the need for an exclusive commercial category. The County has already 33 begun to address these issues by proposing a Commercial future land use category which does 34 not include a residential component. On October 17, 2012, the Monroe County Board of County 35 Commissioners (BOCC) held a public hearing for the purpose of considering the proposed 36 amendment. The BOCC passed Resolution No. 333-2012 recommending transmittal to the State 37 Land Planning Agency. The Florida Department of Economic Opportunity (DEO) has reviewed 38 the proposed amendment, and indicated no objections or comments on the proposed amendment 39 in their Objections, Recommendations, and Comments (ORC) Report, dated January 4, 2013. 40 The BOCC adopted Ordinance 010-2013 amending the MC 2010 Comprehensive Plan to 41 establish a Commercial future land use category at their meeting on February 20, 2013. This 42 ordinance becomes effective upon DEO's issuance of a Notice of Intent finding the amendment 43 in compliance. DEO will provide the notice by April 26, 2013. 44 45 The amendment proposed here is necessary to keep the Land Development Code consistent with 46 and implement the Comprehensive Plan by establishing the two commercial land use districts 47 under the new Commercial FLUM category, as well as their corresponding intensities and open Page 2 of 15 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 space requirements. Note, Sections 163.3194, 163.3201 and 163.3202, F.S. require the adoption of land development regulations to be consistent with and implement the comprehensive plan. As discussed in detail during review of the Comprehensive Plan amendment, the creation of exclusively commercial land use districts can provide alternative and additional uses of private property that do not include a residential component, and, therefore, do not contribute to increases in hurricane evacuation clearance times. Additionally, the proposed commercial land use districts can assist the County in implementing other necessary planning projects, such as addressing nonconformities. Nonconforming Uses When the official zoning maps were adopted in 1992, as well as with the adoption of the Monroe County 2010 Comprehensive Plan and Future Land Use Maps in 1997, multiple properties with existing commercial/office uses became nonconforming due to the adopted maps. Members of the community have brought up the issue of nonconformities over the years and the County has highlighted this issue in the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan (A. see EAR example below). Additionally, the County has adopted action items as part of the Livable CommuniKeys Plans (B. see Key Largo Community Master Plan examples below) as well as the fee resolution (C. see Resolution 332-2012 below) to address these nonconformities. A. Evaluation and Appraisal Report EAR Recommendations On May 22, 2012, the BOCC adopted the final Evaluation and Appraisal Report (EAR), which evaluates the existing goals, objectives, and policies of the existing Comprehensive Plan and gauges their compatibility with state and regional policies, plans and regulatory requirements. The EAR's Assessment of Comprehensive Plan Elements (Chapter 3) included the following recommendation. A. Future Land Use Element Objective 101.4 and the associated polices establish the Future Land Use Map categories and the density and intensity standards for each category. These policies should be evaluated to determine if: 1) the existing density and intensity standards recognize and encourage the unique development/redevelopment patterns within the County; 2) if the floor area ratio maximums promote compatibility in each of the Future I and Use categories; 3) if the density standards under maximum net density should be modified or eliminated; and 4) if open space ratios should be adopted into the Comprehensive Plan. Additionally, the County should review and clarify the uses permitted under the Conservation category, consider the creation of a Preservation category for publically owned lands, and establish a Commercial category. The EAR's Assessment of Major Issues (Chapter 4) included the following recommendation: Issue Category #2(e): Development of a Commercial Land Use District Category A. Background: Currently, the County does not have an exclusive commercial land use category. The two existing commercial use categories. Mixed Use/Commercial and Mixed Use/Commercial Fishing include a residential component. B. Analysis: Due to the potential for encroachment and impacts from litter and pets from residential uses, mixed use parcels adjacent to natural habitat in Tier I have the potential to negatively impact these lands. Page 3 of 15 1 2 3 4 5 6 7 8 9 10 11 43 44 45 46 47 48 49 C. Policy Framework: - Objective 101.4 and its associated policies identify the various land use districts and the uses allowed within each district, but again, there is no Commercial land use category. D. Strategies: - The County should consider creating a policy for a Commercial Future Land Use Designation that does not allow residential uses. M. Land Use/Mobility Issue Statement #2: The County Should Meet or Exceed Hurricane Evacuation Requirements as required by State law. B. Key Largo Community Master Plan (2006) Goals identified in the Key Largo Community Master Plan include: Land Use and Redevelopment Element GOAL ONE. Direct fisture growth to lands that are most suitable for development and encourage preservation of environmentally sensitive lands. Under this goal, community needs include the re-evaluation of parcels that were previously down -zoned and now non -conforming, and restoration of the commercial status where appropriate (pg 20). Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development of individual parcels with respect to density, intensity, bulk regulations, and all other land development regulation. This will protect the existing conformance status of most uses and promote orderly development consistent with the Comprehensive Plan. Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities in the planning area where appropriate. Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for nonconforming uses, proposed changes in use, vacant parcels and other requests based mainly on comprehensive planning principles and the following community -goal related criteria: a. Promote infill, design flexibility and transfer of density to Community Centers. b. Preserve commercial conformance status within sections along US-1 predominated by existing commercial businesses and disturbed lands. c. Encourage sun -setting of intensive commercial uses within sections along US-1 predominated by natural habitat or native -dominated landscape, relatively sparse development and relatively few businesses. d. Preserve commercial use status for existing waterfront uses that support the tourist -based and working waterfront -based economy. e. Give consideration to whether the property provides a unique or outstanding opportunity for enhancement of design, connectivity and other community goals, especially along the US-1 corridor. C. Fee Resolution 332-2012 Section 1. 3 There shall be no application or other fees, except advertising and noticing fees, for property owners who apply for a map amendment to the official LUD map and/or the official FLUM, if the property owner can provide satisfactory evidence that a currently existing use on the ,site that also existed lawfully in 1992 was deemed nonconforming by final adoption of the L UD map andlor a currently existing use on Page 4 of 15 I the site that also existed lawfully in on the site in 1997 was deemed nonconforming by final adoption of 2 the FLUM. To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM 3 designation(s) that would eliminate the non -conforming use created with adoption of the existing 4 designation(s) and not create an adverse impact to the community. Prior to submittal of a map 5 amendment application, the applicant must provide the evidence supporting the change and application 6 fora fee exemption with the proposed LUD mapIFLUM designations to the Monroe CountyPlanning & 7 Environmental Resources Department as part of an application for a Letter of Understanding. Following 8 a review, the Director of Planning & Environmental Resources shall determine if the information and 9 evidence is sufficient, and whether the proposed LUD map and/or FLUM designations are acceptable for 10 the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter of Understanding 11 shall not obligate the staff to recommend approval or denial of the proposed LUD or FLUM Category. 12 13 Together with the Commercial future land use category, the proposed amendment will fulfill the 14 EAR's recommendations to create a policy for a Commercial Future Land Use Designation that 15 does not allow residential uses, as well as support the County's efforts to comply with the 16 State's requirements for hurricane evacuation. 17 18 Further, as the County currently tries to address the nonconformities due to the official map 19 adoptions, the County must evaluate and make recommendations on amendments based on the 20 existing land use districts. Each of the existing land use districts that allows commercial (listed 21 previously) also includes a residential component. If the County or a property owner requests 22 that the land use district for a property with an existing nonconforming commercial use be 23 changed to one of the existing land use districts which allows commercial uses, the allocated 24 residential density could likely increase with that change. Given the hurricane evacuation issues 25 stated above, and consistent with Ordinance 028-2012 (adopted September 21, 2012) below 26 which discourages increases in allowable density, the proposed amendment provides a viable 27 option for land use district changes for the COMM FLUM, while addressing nonconforming 28 commercial uses. 29 30 Discouragement Amendment 31 Ordinance 028-2012 discouraging private applications for future land use changes which 32 increase allowable density/intensity. 33 34 - On September 21, 2012, the Monroe County BOCC adopted Ordinance 028-2012, 35 creating Policy 101.4.20 discouraging private applications for future land use changes 36 which increase allowable density/intensity, and transmitted the ordinance to the State 37 Land Planning Agency. The amendment is to implement the Work Program Task from 38 Rule 28-20.140, F.A.C., and the direction from the Administration Commission. This 39 amendment was found in -compliance by the State Land Planning Agency and became 40 effective on November 20, 2012. 41 42 The creation of the Commercial 1 and Commercial 2 land use districts will further support the 43 goal of avoiding increases in residential density by providing alternative zoning categories 44 which do not allow residential development. 45 46 47 48 Page 5 of 15 1 III. RELEVANT PRIOR COUNTY ACTIONS 2 3 On December 18, 2012 the Monroe County Development Review Committee considered the 4 proposed amendment at a regularly scheduled meeting and recommended approval. 6 On February 20, 2013, the BOCC adopted the corresponding amendment to the Comprehensive 7 Plan establishing the Commercial (COMM) future land use category (Ordinance 010-2013). 8 DEO is currently reviewing the amendment, which will go into effect when DEO issues a Notice 9 of Intent finding the amendment to be in compliance with Florida Statute. 10 11 On February 27, 2013, at a regularly scheduled meeting, the Monroe County Planning 12 Commission held a public hearing to consider, review and receive public comment for the 13 proposed amendment and recommended approval of the amendment to the BOCC. 14 15 IV. REVIEW 16 17 MCC §130-2: 18 Amendments are necessary to add the Commercial 1 district (C1) and Commercial 2 district 19 (C2) and their abbreviations to the list of officially established land use districts. Staff is 20 proposing two commercial land use districts in order to distinguish between commercial uses of 21 different scales (as described below by the purposes of each district). 22 23 MCC �130-51: 24 Creation of this section is necessary to describe the purpose of the Commercial 1 district. Staff is 25 proposing that the commercial uses allowed in the Commercial 1 district be primarily to serve 26 the needs of the immediate vicinity in which they are located. 27 28 MCC .J130-52: 29 Creation of this section is necessary to describe the purpose of the Commercial 2 district. Staff is 30 proposing that the Commercial 2 district designate appropriate areas for higher -intensity 31 commercial uses to serve retail sales and service, and professional services needs of a subarea. 32 33 MCC §130-102: 34 Creation of this section is necessary to establish which specific uses are permitted as of right and 35 as conditional uses in the Commercial 1 district. Staff is proposing that permitted uses be similar 36 to those in the Suburban Commercial land use district, but will not include any residential uses. 37 38 MCC �130-103: 39 Creation of this section is necessary to establish which specific uses are permitted as of right and 40 as conditional uses in the Commercial 2 district. Staff is proposing that permitted uses be similar 41 to those in the Urban Commercial land use district, but not include any residential uses. Sections 42 130-102 and 130-103 have been updated since the time of the Planning Commission hearing to 43 clarify that institutional uses within these districts may not include residential dwelling units. 44 45 MCC §130-164: 46 Amendments to the "Maximum nonresidential land use intensities and district open space" table 47 in this section are necessary to establish allowed intensities for uses within the Commercial 1 48 district and the Commercial 2 district, and to establish the minimum required open space for Page 6 of 15 1 uses within these districts. Staff is proposing that maximum intensities in the Commercial 2 2 district be slightly higher than those in the Commercial 1 district, consistent with the purpose of 3 each district, as described above. Open space requirements of 20% are proposed for both 4 districts, consistent with open space requirements for the majority of existing land use districts. 5 6 V. PROPOSED AMENDMENT 7 8 Therefore, staff recommends the following changes (Additions are underlined. Text to remain 9 the same is not underlined): 10 11 Chapter 130 - LAND USE DISTRICTS 12 13 ARTICLE I. - IN GENERAL 14 15 Sec. 130-2. - Land use districts established. In order to carry out and implement the goals and 16 objectives of the plan, the following land use districts are hereby established: 17 (1) Urban commercial district (UC). 18 (2) Urban residential district (UR). 19 (3) Urban residential —mobile home district (URM). 20 (4) Urban residential mobile home —limited district (URM-L). 21 (5) Suburban commercial district (SC). 22 (6) Suburban residential district (SR). 23 (7) Suburban residential district (limited) (SR-L). 24 (8) Sparsely settled residential district (SS). 25 (9) Native area district (NA). 26 (10) Mainland native area (MN). 27 (11) Offshore island district (OS). 28 (12) Improved subdivision district (IS). 29 (13) Improved subdivision vacation rental district. 30 (14) Destination resort district (DR). 31 (15) Recreational vehicle district (RV). 32 (16) Commercial fishing area district (CFA). 33 (17) Commercial fishing village district (CFV). 34 (18) Commercial fishing special districts (CFS). 35 (19) Mixed use district (MU). 36 (20) Industrial district (I). 37 (2 1) Maritime industries district (MI). 38 (22) Military facilities district (MF). 39 (23) Airport district (AD). 40 (24) Park and refuge district (PR). 41 (25) Conservation district (CD). 42 (26) Commercial 1 district (Cl). 43 (27) Commercial 2 district (C2). 44 (Code 1979, § 9.5-202; Ord. No. 33-1986, § 9-102) 45 46 ARTICLE II. - DISTRICT PURPOSES 47 Sec. 130-51. - Purpose of the Commercial 1 district (Cl). Page 7 of 15 I The purpose of the Cl district is to establish areas for commercial retail, public, institutional and 2 office uses designed and intended primarily to serve the needs of immediately surrounding 3 residential areas. This district should be established at locations convenient and accessible to 4 residential uses to reduce trips on U.S. 1. 6 Sec. 130-52. - Purpose of the Commercial 2 district (C2). 7 The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial uses 8 intended to serve the needs of a subarea with commercial retail sales and service, public, 9 institutional and office uses. This district should be established at discrete nodes along U.S. 1 and 10 designed to serve the needs of both residents and visitors. 11 12 13 ARTICLE III. - PERMITTED AND CONDITIONAL USES 14 15 Sec. 130-102. — Commercial 1 district (Cl). 16 (a) The following uses are permitted as of right in the Commercial 1 district: 17 (1) Commercial retail low- and medium -intensity and office uses or any combination thereof of less 18 than 2,500 square feet of floor area; 19 (2) Commercial recreational uses (indoor and outdoor), 20 (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit); 21 (4) Public buildings and uses; 22 (5) Accessory uses; 23 (6) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3); 24 (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4); 25 (8) Replacement of an existing_ antenna -supporting structure pursuant to section 146-5(2); 26 (9) Stealth wireless communications facilities, as accessou uses, pursuant to section 146-5(5); 27 (10) Satellite earth stations as accessory uses, pursuant to section 146-5(6); 28 29 (b) The following uses are permitted as minor conditional uses in the Commercial 1 district, 30 subiect to the standards and procedures set forth in chapter 110, article III: 31 (1) Commercial retail low- and medium -intensity and office uses or any combination thereof of 32 greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by 33 way of 34 a. An existing curb cut; 35 b. A signalized intersection; or 36 c A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 37 400 feet; 38 (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area, provided 39 that access to U.S. 1 is by way of: 40 a. An existing curb cut; 41 b. A signalized intersection; or 42 c A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 43 400 feet; 44 (3) Parks and community parks; and 45 (4) Light industrial uses, provided that: 46 a The parcel proposed for development does not have an area of greater than two acres; 47 b The parcel proposed for development is separated from any established residential use by 48 at least a class C bufferyard; and Page 8 of 15 I c All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at 2 least six feet in height; 4 (c) The following uses are permitted as major conditional uses in the Commercial 1 district 5 subject to the standards and procedures set forth in chapter 110, article III: 6 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof 7 greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: 8 a. An existing curb cut; 9 b. A signalized intersection; or 10 c A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 11 400 feet; 12 (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided 13 that access to U.S. 1 is by way of. 14 a. An existing curb cut; 15 b. A signalized intersection; or 16 c A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 17 400 feet; 18 (3) New antenna -supporting structures, pursuant to section 146-50), and 19 (4) Land use overlays A E PF subject to the provisions of article IV of this chapter; 20 21 22 Sec. 130-103. — Commercial 2 district (C2). 23 (a) The following uses are permitted as of right in the Commercial 2 district: 24 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of 25 less than 10,000 square feet of floor area; 26 (2) Commercial retail uses of high intensity of less than 5,000 square feet of floor area; 27 (3) Commercial recreational uses (indoor and outdoor); 28 (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit); 29 (5) Public buildings and uses; 30 (6) Accessory uses; 31 (7) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3); 32 (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4); 33 (9) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2); 34 00) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5); and 35 (11) Satellite earth stations, as accessory uses, pursuant to section 146-5(6). 36 37 (b) The following uses are permitted as minor conditional uses in the Commercial 2 district, 38 subject to the standards and procedures set forth in chapter 110, article III: 39 (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of 40 greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. 1 is 41 by wad 42 a. An existing curb cut; 43 b. A signalized intersection; or 44 c A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 45 400 feet; 46 (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet of 47 floor area, provided that access to U.S. 1 is by wav of: 48 a. An existing curb cut; Page 9 of 15 I b. A signalized intersection, or 2 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 3 400 feet; 4 (3) Parks and community parks; and 5 (4) Light industrial uses, provided that: 6 a. The parcel proposed for development does not have an area of greater than two acres; 7 b. The parcel proposed for development is separated from any established residential use by 8 at least a class C buff ervard; and 9 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at 10 least six feet in height 11 12 (c) The following uses are permitted as maior conditional uses in the Commercial 2 district 13 subiect to the standards and procedures set forth in chapter 110, article III: 14 (1) Commercial retail of low- and medium -intensity and office uses, or any combination thereof, of 15 treater than 45.000 square feet in floor area, provided that access to U.S. 1 is by way of: 16 a. An existing curb cut; 17 b. A signalized intersection, or 18 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 19 400 feet; 20 (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area, provided 21 that access to U.S. 1 is by way of: 22 a. An existing curb cut; 23 b. A signalized intersection; or 24 c. A curb cut that is spparated from any other curb cut on the same side of U.S. 1 by at least 25 400 feet; 26 (3) Amusement or sea life parks and drive-in theaters, provided that: 27 a. The parcel of land has an area of at least two acres; 28 b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or 29 established residential uses by at least a class E buffer; and 30 c. Access to U.S. 1 is by way of: 31 1. An existing_curb cut; 32 2. A signalized intersection, or 33 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by 34 at least 400 feet; 35 (4) Marinas, provided that: 36 a. The parcel proposed for development has access to water of at least four feet below mean 37 sea level at mean low tide; 38 b. The sale of goods and services is limited to fuel, food, boating diving and sport fishing 39 products; 40 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at 41 least six feet in height; 42 d. Any commercial fishing activities are limited to the landing of catch, mooring and 43 docking of boats and storage of traps and other fishing equipment; and 44 e. Each nonwaterside perimeter setback of the parcel proposed for development must have a 45 eryard within a side yard setback of ten feet; class C buff 46 (5) Heliports or seaplane ports, provided that: 47 a. The heliport is associated with a governmental services facility, a law enforcement 48 element or a medical services facility; Page 10 of 15 I b. The heliport or seaplane port is a Federal Aviation Administration certified landing 2 facility; 3 c. The landing and departure approaches do not pass over established residential uses or 4 known bird rookeries; 5 d. If there are established uses within 500 feet of the parcel proposed for development, the 6 hours of operation shall be limited to daylight, and 7 e. The use is fenced or otherwise secured from any pptrby unauthorized persons; 8 (6) New antenna -supporting structures, pursuant to section 146-5(l); and 9 (7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter. 10 11 12 ARTICLE V. - LAND USE INTENSITIES 13 14 Sec. 130-164. - Maximum nonresidential land use intensities and district open space. 15 Maximum nonresidential land use intensities and district open space shall be in accordance with the 16 following table: 17 Land Use District Maximum Floor Area Ratio O.S.R. Urban commercial: Commercial retail: Low intensity 0.45 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreation 0.15 0.20 Institutional 0.40 0.20 Outdoor recreational 0.15 0.20 Public buildings 0.35 0.20 Urban residential: Institutional 0.30 0.20 Public buildings and uses 0.30 0.20 Urban residential mobile home: Commercial retail: Low intensity ** 0.20 Medium intensity ** 0.20 Offices * * 0.20 Commercial 1: Commercial retail: Low intensity 0.35 0.20 Page 11 of 15 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.15 0.20 Institutional 0.30 0.20 Public buildings and uses 0.30 0.20 Light industry 0.30 0.20 Commercial 2: Commercial retail: Low intensity 0.50 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreational 0.25 0.20 Institutional 0.40 0.20 Public buildings and uses 0.35 0.20 Light industry 0.40 0.20 Suburban commercial: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 0.20 Light industry 0.30 0.20 Suburban residential: Commercial retail: Low intensity ** 0.50 Medium intensity ** 0.50 Offices ** 0.50 Public buildings and uses 0.25 0.50 Page 12 of 15 Institutional 0.25 0.50 Sparsely settled: Public buildings and uses 0.20 0.20 Native area: Public buildings and uses 0.20 0.20 Mainland native area: Educational/research centers 0.30 0.20 Improved subdivision: Commercial retail: Low intensity 0.25** 0.20 Medium intensity 0.20** 0.20 Offices 0.25** 0.20 Destination resort: Commercial retail ** 0.20 Institutional 0.30 0.20 Recreational vehicle: Commercial retail * * 0.20 Commercial fishing area: Commercial fishing 0.40 0.20 Light industry 0.40 0.20 Commercial retail: Low intensity 0.40 0.20 Medium intensity 0.40 0.20 Commercial fishing village: Commercial fishing 0.40 0.20 Commercial fishing special districts (all): Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 0.20 Mixed use: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 Page 13 of 15 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 0.20 Industrial: Light industry 0.40 0.20 Heavy industry 0.25 0.20 Public buildings and uses 0.40 0.20 Restaurants 0.30 0.20 Offices 0.40 1.0.20 Commercial fishing 0.40 0.20 Maritime industrial: Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 High intensity 0.40 0.20 Offices 0.50 0.20 Public buildings and uses 0.60 0.20 Commercial fishing 0.45 0.20 Light industry 0.35 0.20 Heavy industry: Military facilities: Military uses 0.50 0.20 Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 Offices 0.40 0.20 Public buildings and uses 0.30 0.20 Airport: Airport uses 0.10 0.20 Parks and refuge: Page 14 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public buildings and uses 0.20 0.90 * See additional open space ratio in this article: in accordance with section 118-12, the most restrictive of these ratios applies. **Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per lot stated in article III of this chapter shall prevail. VI. STAFF RECOMMENDATION Staff has found that the proposed text amendment would be consistent with one or more of the required 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. Specifically, staff has found that the proposed text amendments are necessary due to new issues and recognition of a need for additional detail or comprehensiveness. Staff recommends that the BOCC amend the Monroe County Code as stated in the text of this staff report. VII. EXHIBITS 1. Planning Commission Resolution P 10-13, recommending approval of proposed amendment 2. Ordinance 010-2013, adopted by the BOCC on February 20, 2013 —corresponding amendment to Comprehensive Plan to create a Commercial FLUM 3. Consistency with the Florida Keys Principles for Guiding Development, Comprehensive Plan and Florida Statute Page 15 of 15 fr At: ORDINANCE NO. - 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE BY ESTABLISHING TWO COMMERCIAL DISTRICTS; AMENDING SECTION 130-2, LAND USE DISTRICTS ESTABLISHED; CREATING SECTION 130-51, PURPOSE OF THE COMMERCIAL 1 DISTRICT (Cl); CREATING SECTION 130-52, PURPOSE OF THE COMMERCIAL 2 DISTRICT (C2); CREATING SECTION 130-102, COMMERCIAL 1 DISTRICT (Cl) PROVIDING FOR PERMITTED AND CONDITIONAL USES; CREATING SECTION 130-103, COMMERCIAL 2 DISTRICT (C2) PROVIDING FOR PERMITTED AND CONDITIONAL USES; AMENDING SECTION 130-164, MAXIMUM NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE; 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, the Monroe County Code does not currently include any exclusive commercial land use districts; and WHEREAS, Florida Statutes and the County's 2010 Comprehensive Plan require the maintenance of a hurricane evacuation 24 hour clearance time; and WHEREAS, the adopted Evaluation and Appraisal Report recommends the creation of a commercial future land use category; and WHEREAS, when the Monroe County 2010 Comprehensive Plan and Future Land Use Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as with the adoption of the official zoning maps in 1992, multiple properties with existing commercial/office uses became nonconforming due to the adopted maps; and WHEREAS, the Livable CommuniKeys Plans include action items directing the County to revise the FLUM and Land Use District Maps to resolve nonconformities; and WHEREAS, the BOCC has adopted an amendment to the MC 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity, implementing the Work Program Task from Rule 28- 20.140, F.A.C., and the direction from the Administration Commission within its 30-Day Report; and WHEREAS, the BOCC has adopted an amendment to the MC 2010 Comprehensive Plan to establish a Commercial future land use map (FLUM) category, and revise the "Future Land Use Densities and Intensities" table to include a Commercial (COMM) future land use category, corresponding Commercial 1 and Commercial 2 zoning categories, and establish the density and intensity standards; and WHEREAS, the proposed amendment is necessary to keep the Monroe County Code consistent with the Comprehensive Plan by establishing the two commercial land use districts under the new Commercial FLUM category; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012; and WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013, the Monroe County Planning Commission held a public hearing to consider, review and receive public comment for a proposed amendment to the Monroe County Code and recommended approval of the amendment; and WHEREAS, the proposed amendment is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and WHEREAS, the proposed amendment is consistent with the provisions and intent of the Monroe County Code; and WHEREAS, the proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Code is amended as follows: (Deletions are s4islen thfeuo and additions are underlined.) Sec. 130-2. - Land use districts established. In order to carry out and implement the goals and objectives of the plan, the following land use districts are hereby established: (1) Urban commercial district (UC). (2) Urban residential district (UR). (3) Urban residential —mobile home district (URM). (4) Urban residential mobile home —limited district (URM-L). (5) Suburban commercial district (SC). (6) Suburban residential district (SR). (7) Suburban residential district (limited) (SR-L). (8) Sparsely settled residential district (SS). (9) Native area district (NA). (10) Mainland native area (MN). (11) Offshore island district (OS). (12) Improved subdivision district (IS). (13) Improved subdivision vacation rental district. (14) Destination resort district (DR). (15) Recreational vehicle district (RV). (16) Commercial fishing area district (CFA). (17) Commercial fishing village district (CFV). (18) Commercial fishing special districts (CFS). (19) Mixed use district (MU). (20) Industrial district (I). (21) Maritime industries district (MI). (22) Military facilities district (MF). (23) Airport district (AD). (24) Park and refuge district (PR). (25) Conservation district (CD). (26) Commercial 1 district (C 0. (27) Commercial 2 district (C2). Sec. 130-51. - Purpose of the Commercial 1 district (C1). The purpose of the C1 district is to establish areas for commercial retail public, institutional and office uses designed and intended primarily to serve the needs of immediately surrounding residential areas. This district should be established at locations convenient and accessible to residential uses to reduce trips on U.S. 1. Sec. 130-52. - Purpose of the Commercial 2 district (C2). The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial uses intended to serve the needs of a subarea with commercial retail sales and service, public, institutional and office uses. This district should be established at discrete nodes along U.S. 1 and designed to serve the needs of both residents and visitors. Sec. 130-102. — Commercial 1 district (Cl). (a) The following uses are permitted as of right in the Commercial 1 district: (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of less than 2,500 square feet of floor area; (2) Commercial recreational uses (indoor and outdoor); (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit), (4) Public buildings and uses; (5) Accessory uses; (6) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3); (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4); (8) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2), (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5); 00) Satellite earth stations, as accessoruses, pursuant to section 146-5(6); (b) The following uses are permitted as minor conditional uses in the Commercial 1 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area; provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Parks and community parks; and (4) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (c) The following uses are permitted as major conditional uses in the Commercial 1 district subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 beat least 400 feet; (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) New antenna -supporting structures, pursuant to section 146-5(1)-, and (4) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter; Sec. 130-103. — Commercial 2 district (C2). (a) The following uses are permitted as of right in the Commercial 2 district: (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of less than 10,000 square feet of floor area; (2) Commercial retail uses of hijzh intensity of less than 5,000 square feet of floor area; (3) Commercial recreational uses (indoor and outdoor); (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit); (5) Public buildings and uses; ( ) Accessory uses; (7) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3); (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4), (9) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2); (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5); and (11) Satellite earth stations, as accessory uses, pursuant to section 146-5(6). (b) The following uses are permitted as minor conditional uses in the Commercial 2 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. 1 is byway of a. An existing curb cut; b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 beat least 400 feet; (3) Parks and community parks; and (4) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard, and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (c) The following uses are permitted as major conditional uses in the Commercial 2 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium -intensity and office uses, or any combination thereof, of greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area, provided that access to U.S. 1 is by way of a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Amusement or sea life parks and drive-in theaters, provided that: a. The parcel of land has an area of at least two acres; b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or established residential uses by at least a class E buffer; and c. Access to U.S. 1 is byway of 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Marinas, provided that: a. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boatin — divingport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height, d. Any commercial fishing activities are limited to the landing of catch, mooring and docking of boats and storage of traps and other fishing equipment; and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (5) Heliports or seaplane ports, provided that: a. The heliport is associated with a governmental services facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; c. The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established uses within 500 feet of the parcel proposed for development, the hours of operation shall be limited to daylight; and e. The use is fenced or otherwise secured from any entry by unauthorized persons; (6) New antenna -supporting structures, pursuant to section 146-50 ); and (7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter. Sec. 130-164. - Maximum nonresidential land use intensities and district open space. Maximum nonresidential land use intensities and district open space shall be in accordance with the following table: Land Use District Maximum Floor Area Ratio O.S.R. Urban commercial: Commercial retail: Low intensity 0.45 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreation 0.15 0.20 Institutional 0.40 0.20 Outdoor recreational 0.15 0.20 Public buildings 0.35 0.20 Urban residential: Institutional 0.30 0.20 Public buildings and uses 0.30 0.20 Urban residential mobile home: Commercial retail: Low intensity * * 0.20 Medium intensity ** 0.20 Offices * * 0.20 Commercial 1: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.15 0.20 Institutional 0.30 0.20 Public buildings and uses 0.30 0.20 Light indust 0.30 0.20 Commercial 2: Commercial retail: Low intensity 0.50 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreational 0.25 0.20 Institutional 0.40 0.20 Public buildings and uses 0.35 0.20 Light industry 0.40 0.20 Suburban commercial: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 0.20 Light industry 0.30 0.20 Suburban residential: Commercial retail: Low intensity ** 0.50 Medium intensity ** 0.50 Offices * * 0.50 Public buildings and uses 0.25 10.50 Institutional 0.25 0.50 Sparsely settled: Public buildings and uses 0.20 0.20 Native area: Public buildings and uses 0.20 0.20 Mainland native area: Educational/research centers 0.30 0.20 Improved subdivision: Commercial retail: Low intensity 0.25** 0.20 Medium intensity 0.20** 0.20 Offices 0.25** 0.20 Destination resort: Commercial retail ** 0.20 Institutional 0.30 0.20 Recreational vehicle: Commercial retail ** 0.20 Commercial fishing area: Commercial fishing 0.40 0.20 Light industry 0.40 0.20 Commercial retail: Low intensity 0.40 0.20 Medium intensity 0.40 0.20 Commercial fishing village: Commercial fishing 0.40 0.20 Commercial fishing special districts (all): Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 0.20 Mixed use: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 0.20 Industrial: Light industry 0.40 0.20 Heavy industry 0.25 0.20 Public buildings and uses 0.40 0.20 Restaurants 0.30 0.20 Offices 0.40 0.20 Commercial fishing 0.40 0.20 Maritime industrial: Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 High intensity 0.40 0.20 Offices 0.50 0.20 Public buildings and uses 0.60 0.20 Commercial fishing 0.45 0.20 Light industry 10.35 10.20 Heavy industry: Military facilities: Military uses 0.50 0.20 Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 Offices 0.40 0.20 Public buildings and uses 0.30 0.20 Airport: Airport uses 0.10 0.20 Parks and refuge: Public buildings and uses 0.20 0.90 * See additional open space ratio in this article: in accordance with section 118-12, the most restrictive of these ratios applies. **Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per lot stated in article III of this chapter shall prevail. 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. 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 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 5. Filins. 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 permit, and or other development approval 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 L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK Deputy Clerk Mayor George Neugent McNtWE 6©UNTY ATTORNEY A PROV AS TO FORM: SU M. GRIMSLEY ASSIST G UNTY ATTORNEY ExKb'1 I MONROE COUNTY, FLORIDA PLA-NNING COMlVIISSION RESOLUTION NO. P10-13 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE BY ESTABLISHING TWO COMMERCIAL DISTRICTS; AMENDING SECTION 130-2, LAND USE DISTRICTS ESTABLISHED; CREATING SECTION 130-51, PURPOSE OF THE COMMERCIAL 1 DISTRICT (Cl); CREATING SECTION 130-52, PURPOSE OF THE COMMERCIAL 2 DISTRICT (C2); CREATING SECTION 130- 102, COMMERCIAL 1 DISTRICT (Cl) PROVIDING FOR PERMITTED AND CONDITIONAL USES; CREATING SECTION 130-103 COMMERCIAL 2 DISTRICT (C2) PROVIDING FOR PERMITTED AND CONDITIONAL USES; AMENDING SECTION 130-164, MAXIMUM NONRESIDENTIAL LAND USE INTENSITIES AND DISTRICT OPEN SPACE. WHEREAS, the Planning & Environmental Resources Department is proposing an amendment to the Monroe County Code to establish Commercial 1 and Commercial 2 land use districts, their purpose, permitted and conditional uses, maximum land use intensities, and district open space; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012; and WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013, the Monroe County Planning Commission held a public hearing to consider, review and receive public comment for a proposed amendment to the Monroe County Code and to make its recommendation to the Board of County Commissioners; and WHEREAS, the Monroe County Planning Commission makes the following findings of fact and conclusions of law: 1. The Monroe County Code does not currently include any exclusive commercial land use districts; and 2. Florida Statutes and the County's 2010 Comprehensive Plan require the maintenance of a hurricane evacuation 24 hour clearance time; and 3. The adopted Evaluation and Appraisal Report recommends the creation of a commercial future land use category; and 4. When the Monroe County 2010 Comprehensive Plan and Future Land Use Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as with the adoption of the official zoning maps in 1992, multiple properties with existing commercial/office uses became nonconforming due to the adopted maps; and 5. The Livable CommuniKeys Plans include action items directing the County to revise the FLUM and Land Use District Maps to resolve nonconformities; and 6. The BOCC has adopted an amendment to the MC 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity, implementing the Work Program Task from Rule 28-20.140, F.A.C., and the direction from the Administration Commission within its 30-Day Report; and 7. The BOCC has adopted an amendment to the MC 2010 Comprehensive Plan to establish a Commercial future land use category, and revise the "Future Land Use Densities and Intensities" table to include a Commercial (COW future land use category, corresponding C 1 and C2 zoning categories, and establish the density and intensity standards; and 8. The proposed amendment is necessary to keep the Monroe County Code consistent with the Comprehensive Plan by establishing the two commercial land use districts under the new Commercial FLUM category; and 9. The proposed amendment is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 10. The proposed amendment is consistent with the provisions and intent of the Monroe County Code; and 11. The proposed amendment is consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA: [Amendments are presented in skikedwato to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain un- amended.] Section 1. The following amendment to the Monroe County Code is recommended for transmittal to the State Land Planning Agency and adoption by the Board of County Commissioners as follows: Sec. 130-2. - Land use districts established. In order to carry out and implement the goals and objectives of the plan, the following land use districts are hereby established: (1) Urban commercial district (UC). (2) Urban residential district (UR). (3) Urban residential —mobile home district (URM). (4) Urban residential mobile home —limited district (URM-L). (5) Suburban commercial district (SC). (6) Suburban residential district (SR). (7) Suburban residential district (limited) (SR-L). (8) Sparsely settled residential district (SS). (9) Native area district (NA). (10) Mainland native area (MN). (11) Offshore island district (OS). (12) Improved subdivision district (IS). (13) Improved subdivision vacation rental district. (14) Destination resort district (DR). (15) Recreational vehicle district (RV). (16) Commercial fishing area district (CFA). (17) Commercial fishing village district (CFV). (18) Commercial fishing special districts (CFS). (19) Mixed use district (MU). (20) Industrial district (1). (21) Maritime industries district (MI). (22) Military facilities district (W). (23) Airport district (AD). (24) Park and refuge district (PR). (25) Conservation district (CD). (26) Commercial 1 district (C 1). (27) Commercial 2 district (C2). 3 Sec.130-51. - Purpose of the Commercial 1 district (Cl), The purpose of the Cl district is to establish areas for commercial retail, public institutional and office uses designed and intended primarily to serve the needs of immediately surrounding residential areas. This district should be established at locations convenient and accessible to residential uses to reduce trips on U.S. 1. Sec.130-52. - Purpose of the Commercial 2 district (C2). The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial uses intended to serve the needs of a subarea with commercial retail sales and service public institutional and office uses. This district should be established at discrete nodes alongU.S. 1 and designed to serve the needs of both residents and visitors. Sec.130-102. — Commercial 1 district (Cl). (a1 The following uses are permitted as of right in the Commercial 1 district: (1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of less than 2,500 square feet of floor area: (2) Commercial recreational uses (indoor and outdoor): (3) Institutional uses: (4) Public buildings and uses: (5) Accessory uses: (6) Coll'ocations on existing antenna -supporting structures, pursuant to section 146-5(3)• (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5&- (8) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2)t (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5). (0) Satellite earth stations, as accessory uses, pursuant to section 146-5(6): (b) The following uses are permitted as minor conditional uses in the Commercial 1 district subject to the standards and procedures set forth in chapter 110. article III: (1) Commercial retail, low- and medium-intensLq and office uses or any combination thereof of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of a. An existing curb cut: b. A signalized intersection: or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area,• provided that access to U.S. 1 is by way of: a. An existing curb cut: b. A signalized intersection: or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (3) Parks and community parks: and (4) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres-, b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard: and c. All outside storage areas are screened from adjacent uses by a solid fence wall or hedge at least six feet in height: (c) The following uses are permitted as major conditional uses in the Commercial 1 district subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of a. An existing curb cut: b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut: b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (3) New antenna -supporting structures, pursuant to section 146-5(1): and (4) Land use overlays A. E. PF, subject to the provisions of article IV of this chapter-, Sec.130-103. — Commercial 2 district (C2). (a) The following uses are permitted as of right in the Commercial 2 district: (1) Commercial retail of low- and medium -intensity and office uses or and' combination thereof of less than 10,000 square feet of floor area: (2) Commercial retail uses of high intensity of less than 5,000 square feet of floor area-, (3) Commercial recreational uses (indoor and outdoor); (4) Institutional uses: (5) Public buildings and uses: (61 Accessory uses: (7) Collocations on existing antenna -supporting structures, pursuant to section 146-5(3), (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(4): (9) Replacement of an existing antenna -supporting structure pursuant to section 146-5(2)-, (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5): and (11) Satellite earth stations, as accessory uses, pursuant to section 146-5(6). Lb) The following_ uses are permitted as minor conditional uses in the Commercial 2 district, subject to the standards and procedures set forth in chapter 110. article III: (1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut: b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet of floor area, provided that access to U.S. 1 is by of: a. An existing curb cut: b. A signalized intersection: or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet: (3) Parks and community parks: and (4) Light industrial uses, provided that: a. The parcel proovosed for development does not have an area of greater than two acres: b. The parcel proposed for development is separated from any established residential use by at least a class C buffervard: and c. All outside storage areas are screened from adiacent uses by a solid fence, wall or hedge at least six feet in height: (c) The following uses are permitted as major conditional uses in the Commercial 2 district, subject to the standards and procedures set forth in chapter 110. article III: (1) Commercial retail of low- and medium -intensity and office uses, or any combination thereof, of greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut, b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection, or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet- (3) Amusement or sea life parks and drive-in theaters, provided that: a. The parcel of land has an area of at least two acres; b. The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or established residential uses by at least a class E buffer, and c. Access to U.S. 1 is by way of: 1. An existing curb cut: 2. A signalized intersection: or 3. A curb cut that is separated from anv other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Marinas, provided that: a. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low tide: b. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products; c. All outside storage areas are screened from ad iacent uses by a solid fence, wall or hedge at least six feet in height; d. Any commercial fishing activities are limited to the landing of catch, mooring and docking of boats and storage of traps and other fishing equipment: and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (5) Heliports or seaplane ports, provided that: a. The heliport is associated with a governmental services facility, a law enforcement element or a medical services facility: b. The heliport or seaplane port is a Federal Aviation Administration certified landing facili c._The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established uses within 500 feet of the parcel proposed for development the hours of operation shall be limited to daylight; and e. The use is fenced or otherwise secured from any entry by unauthorized persons; (6) New antenna -supporting structures, vursuant to section 146-5(1)• and (7) Land use overlays A. E. PF. subject to the provisions of article IV of this chapter. Sec.130-164. - Maximum nonresidential land use intensities and district open space. Maximum nonresidential land use intensities and district open space shall be in accordance with the following table: Land Use District Maximum Floor Area Ratio O.S.R. * Urban commercial: Commercial retail: Low intensity 0.45 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreation 0.15 0.20 Institutional 0.40 0.20 Outdoor recreational 0.15 10.20 Public buildings 0.35 10.20 Urban residential: Institutional 0.30 10.20 Public buildings and uses 0.30 0.20 Urban residential mobile home: Commercial retail: Low intensity 10.20 Medium intensity * * 0.20 Offices 10.20 Commercial 1: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.15 0.20 Institutional 0.30 0.20 Public buildings and uses 0.30 0.20 Li t industry 0.30 0.20 Commercial 2: Commercial retail: Low intensity 0.50 0.20 Medium intensity 0.40 0.20 High intensity 0.35 0.20 Offices 0.45 0.20 Commercial recreational 0.25 0.20 Institutional 0.40 0.20 Public buildings and uses 0.35 0.20 Light industry 0.40 0.20 Suburban commercial: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 10.20 Light industry 0.30 10.20 Suburban residential: Commercial retail: Low intensity * * 0.50 Medium intensity ** 0.50 Offices ** 0.50 Public buildings and uses 0.25 10.50 Institutional 0.25 0.50 Sparsely settled: Public buildings and uses 10.20 10.20 Native area: Public buildings and uses 0.20 10.20 Mainland native area: Educational/research censers 10.30 0.20 Improved subdivision: Commercial retail: Low intensity 0.25** 0.20 Medium intensity 0.20** 0.20 Offices 0.25** 0.20 Destination resort: Commercial retail ** 0.20 Institutional 0.30 0.20 Recreational vehicle: Commercial retail 10.20 Commercial fishing area: Commercial fishing 0.40 0.20 Light industry 0.40 0.20 Commercial retail: Low intensity 0.40 0.20 Medium intensity 0.40 0.20 Commercial fishing village: Commercial fishing 0.40 0.20 Commercial fishing special districts (all): Commercial retail: x0 Low intensity 0.35 0.20 Medium intensity 0.25 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 10.20 Mixed use: Commercial retail: Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Offices 0.40 0.20 Commercial recreational 0.10 0.20 Institutional 0.30 0.20 Outdoor recreational 0.10 0.20 Public buildings and uses 0.30 0.20 Commercial fishing 0.40 0.20 Light industry 0.30 10.20 Industrial: Light industry 0.40 0.20 Heavy industry 0.25 0.20 Public buildings and uses 0.40 0.20 Restaurants 0.30 0.20 Offices 0.40 0.20 Commercial fishing 0.40 10.20 Maritime industrial: Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 High intensity 0.40 0.20 Offices 0.50 0.20 Public buildings and uses 0.60 0.20 Commercial fishing 0.45 0.20 Light industry 0.35 10.20 Heavy industry: 11 Military facilities: Military uses 10.50 10.20 Commercial retail: Low intensity 0.30 0.20 Medium intensity 0.30 0.20 Offices 0.40 0.20 Public buildings and uses 0.30 0.20 Airport: Airport uses 10.10 10.20 Parks and refuge: Public buildings and uses 0.20 10.90 * See additional open space ratio in this article: in accordance with section 118-12, the most restrictive of these ratios applies. "Where Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per lot stated in article III of this chapter shall prevail. PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning Commission at a regular meeting held on the 27th day of February, 2013. Denise Werling, Chair William Wiatt, Vice Chair Jeb Hale, Commissioner Elizabeth Lustburg, Commissioner N Ron Miller, Commissioner PLANNING COMMISS1 OF MONRO COk1NTY, FLORIDA Denise Werling, Chair Signed this c� day of 1 ,1 • , Monroe County Planning Commission Attorney red,A,�Ob Form Date: 12 Exhibit 2 ORDINANCE NO.oia 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICIES IN THE FUTURE LAND USE ELEMENT OF THE 2010 MONORE COUNTY COMPREHENSIVE PLAN TO ESTABLISH A COMMERCIAL FUTURE LAND USE CATEGORY; REVISING THE "FUTURE LAND USE DENSITIES AND INTENSITIES" TABLE TO INCLUDE A COMMERCIAL (COMM) FUTURE LAND USE CATEGORY, CORRESPONDING ZONING CATEGORIES, AND ESTABLISHING THE DENSITY AND INTENSITY STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN. WHEREAS, the Monroe County 2010 Comprehensive Plan does not currently include an exclusive commercial future land use category; and WHEREAS, Florida Statutes and the County's 2010 Comprehensive Plan require the maintenance of a hurricane evacuation 24 hour clearance time; and WHEREAS, the adopted Evaluation and Appraisal Report recommends the creation of a commercial future land use category; and WHEREAS, when the Monroe County 2010 Comprehensive Plan and Future Land Use Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as with the adoption of the official zoning maps in 1992, multiple properties with existing commercial/office uses became nonconforming due to the adopted maps; and WHEREAS, the Livable CommuniKeys Plans include action items directing the County to revise the FLUM and Land Use District Maps to resolve nonconformities; and WHEREAS, the BOCC has adopted an amendment to the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity, implementing the Work Program Task from Rule 28-20.140, F.A.C., and the direction from the Administration Commission within its 30-Day Report; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 28th day of August, 2012; and WHEREAS, at a regularly scheduled meeting held on the 26th day of September, 2012, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment; and WHEREAS, at a regularly scheduled meeting held on the 17th day of October, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment to the State Land Planning Agency; and WHEREAS, on January 4, 2013, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County which identified no objections to or comments on the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: Policy 101.4.21 The principal purpose of the Commercial (COMM) future land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail; highway - oriented sales and services; commercial recreation; light industrial; public, institutional and office uses may be permitted at intensities which are consistent with the community character and the natural environment. The commercial zoning districts established within this category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or permanent residential development. In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category: 1. only low intensity commercial uses shall be allowed; and 2. a maximum floor area ratio of 0.15 shall apply. Policy 101.4.22 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 Allocated Density ro) Maximum Net Density (°)(e)(') Maximum Intensity And Corresponding Zoning (per acre) (per buildable acre) (floor area ratio) Agriculture (AP)0 du N/A 020-025 no drtecWd ndin9 zoning) 0 moms/spaces N/A Airport (AD) 0 du N/A 0.10 AD zoning) 0 rooms/ N/A Commercial (CONM 0 du N/A 0.15-0.50 C 1 and C2 zonin 0 rooms/spam N/A Conservation (C) 0 du N/A 0.05 CD zoning) 0 rooms/spaces N/A Education (E) 0 du N/A 0.30 (no directly ' zorim 0 rooms/spaces N/A Industrial (n 1 du 2 du 025-0.60 and MI zoning) 0 rooms/ N/A Institutional (INS) 0 du N/A 025-0.40 no directlyzoning) 3-15 rooms/ 6-24 rooms/spaces Mauul MNative (NW) 0.01 du N/A 0.10 (IVN zoning) 0 rooms/ N/A Military(M) 6 du 12 du 030-0.50 zoning) 10rooms/spaces 20 rooms Mixed Use(Commercial (MC) 0.10-0.45 (SC, UC, DR, RV, MU and 1-0 du 2 -18 du (SC, UC, DR, RV, and MU MI zoning) 5-15 rooms/spaces 10-25 rooms/spaces zoning) 1 du (MI zoning) 2 du (NU zoning) 0.30-0.60 (NU zoning) Mixed UwiCommercial Fishing (MCF)W Approx. 3-8 du 12 du 025-0.40 (CFA, CFV(°), CFSD zoning) 0 rooms/spaces 0 morns/spaces Public Facilities (PF) 0 du N/A 0.10-030 no directly corresponding zonino 0 rooms/ N/A Public Buildings/Grounds (PB) 0 du N/A 0.10-030 no directly conwponding zoning) 0 rooms/spaces N/A Re creadw (R) 025 du N/A 0.20 R 2 rooms/spaces N/A Residential Conservation (RC) 0-025 du N/A 0-0.10 OS and NA zoning) 0 moms/ N/A Residmtial Low (RL) 02M30 du 5 du 020-025 SS(e, SR, and SR L zoning) 0 rooms/ N/A Residential Medium (RM) approx. 0.5-8 du N/A 0 (Iszmhg) (1 Mot) N/A 0 rooms/spaces Residential High (RH) OS -de), °>, and UR(n zoning) approx. 3-16 du (1-2 du/lot) 12 du 20 rooms/spaces 0 10 rooms/ Notes: (a) " N/A" means that maximum net density bonuses shall not be available. (b) The allocaed densities for submerged lands, salt ponds, fneshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (c) The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available. (d) Maximum net density bonuses shall not be available to tine SS district (e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be available. (0 The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial cial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (h) Uses under the categories ofAgriculGuE, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly comq=ding zoning may be incorporated into new or existing Toning districts as appropriate. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. (j) A mixture of uses shall be maintained for parcels designated as Ml mnurg district that are within the MC fiuture land use category. Working waterGortt and water dependent uses, such as marina, fish house(market, boat repro, boat building boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, pursuant to Policy 101.4.5. (Ordinance U32-2012) Policy 101.4.23 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use Tier Overlay District Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas (hardwood hammock, pinelands, and beach berm) for properties in the Ocean Reef planned development shall be limited to 40 percent of the existing upland native vegetation. Except as defined in Policy 101.12.4, clearing of upland native vegetative areas (hardwood hammock, pinelands, beach berm, cactus hammock and palm hammock) in the Tiers I, II, III and Tier II1-A shall be limited to the portion of the property containing upland native vegetation in the following percentages or maximum square footage: Tier I Permitted Clearing * 20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area. The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable I configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. II 40% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area (Big Pine Key and No Name Key). 40% or 3,000 square feet whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet -of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable III configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. 40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500 square feet of upland native vegetation. The clearing of parcels in Tier 111-A shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels III -A on Big Pine Key and No Name Key, clearing for one driveway of reasonable Special Protection configuration up to 18 feet in width is permitted to provide reasonable access to Area the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. * Palm or cactus hammock is limited to only 10%. (Ordinance 026-2012) Policy 101.4.24 Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101.4.22 shall control. (Ordinance 026-2012) Policy 101.4.25 Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit Such legally - established dwelling unit shall not be considered as non -conforming as to the density provisions of policy 101.4.21 and the Monroe County Code. Policy 101.4.26 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings, transmission towers and other similar structures. Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. 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 State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of Feb. , 2013. Mayor George Neugent yes Mayor pro tem Heather Carruthers yes Commissioner Danny L. Kolhage yes Commissioner David Rice yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY �' �)4-ft!saoo Mayor George Neugent =� nc �r -7j r7 a o (SEAL) o 77 ATTEST: AMY HEAVILIN, CLERK '" `� z rrnn' CA -0 DEPUTY LERK MONRO CWNTUTTORNEY elAP OVERR A5 TO FOR Date: — " Exhibit 3 Consistency Review 1. The amendment to create Monroe County Code (MCC) §130-51, §130-52, §130-102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and "Commercial 2" land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. Exhibit 3 Pagel of 3 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 2. The proposed amendment to create Monroe County Code (MCC) §130-51, §130-52, §130- 102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and "Commercial 2" land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements is consistent with the adopted Comprehensive Plan as described in the staff report. 3. The proposed amendment to create Monroe County Code (MCC) §130-51, §130-52, §130- 102, and §130-103, and to amend §130-2 and §130-164; to establish "Commercial 1" and "Commercial 2" land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements is consistent with the Part II of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers: 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If a local government allows an existing land development regulation which is inconsistent with the most recently adopted comprehensive plan, or element or portion thereof, to remain in effect, the local government shall adopt a schedule for bringing the land development regulation into conformity with the provisions of the most recently adopted comprehensive plan, or element or portion thereof. During the interim period when the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the land development regulations are inconsistent, the provisions of the most recently adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an application for a development order. Exhibit 3 Page 2 of 3 163.3194(3)(a), F.S. — A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 163.3201, F.S. — It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be related to, and be a means of implementation for an adopted comprehensive plan as required by this act 163.3202(2), F.S. - Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at a minimum: (a) Regulate the subdivision of land. (b) Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space. (c) Provide for protection of potable water wellfields. (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management. (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan. (f) Regulate signage. (g) Provide that public facilities and services meet or exceed the standards established in the capital improvements element required by s. 163.3177 and are available when needed for the development, or that development orders and permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development. A local government may not issue a development order or permit that results in a reduction in the level of services for the affected public facilities below the level of services provided in the local government's comprehensive plan. (h) Ensure safe and convenient onsite traffic flow, considering needed vehicle parking. (i) Maintain the existing density of residential properties or recreational vehicle parks if the properties are intended for residential use and are located in the unincorporated areas that have sufficient infrastructure, as determined by a local governing authority, and are not located within a coastal high -hazard area under s. 163.3178. Exhibit 3 Page 3 of 3