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Item T2
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 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 to include the Commercial 1 (Cl) and Commercial 2 (C2) land use districts within the following sections: Sec 114-20 Fences; Sec 114-99 Required Landscaping; Sec 114-126 District Boundary Buffers; Sec 114-127 Required Scenic Corridor and Major Street Buffers; Section 130-186 Minimum Yards; Sec 142-4 Signs Requiring a Permit and Specific Standards; Chapter 146, entitled "Wireless Communications Facilities," Sec 146-3 Applicability, Sec 146-4 Uses by Land Use District, and Sec 146-5 Development Standards; Referencing Cl and C2 land use districts where appropriate. (LEGISLATIVE — FAIRLY DEBATABLE STANDARD OF REVIEW) 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 (Cl) and Commercial 2 (C2). This amendment became effective on April 26, 2013, when DEO issued a Notice of Intent finding the amendment in compliance with Florida Statute. Florida Statute requires the adoption of land development regulations to be consistent with and implement the comprehensive plan. A separate text amendment is being processed concurrently which establishes the Cl and C2 land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements. Contingent upon the adoption of the text amendment establishing the Cl and C2 land use districts, the additional text amendments proposed here are required to reconcile the Cl and C2 land use districts with sections of the Monroe County Code that currently reference specific land use districts in regards to fences, landscaping, bufferyards, minimum required yards, signs, and wireless communications facilities. These amendments are necessary to implement the adopted Comprehensive Plan amendment. This request is contingent the adoption and effectiveness of the Cl and C2 land use districts (scheduled for the second of two required BOCC adoption hearings on May 15, 2013), PREVIOUS RELEVANT BOCC ACTION: 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 I and Commercial 2 zoning categories, and establish the density and intensity standards. On April 26, 2013, DEO issued a Notice of Intent finding the amendment in compliance, and it is therefore now effective. On April 17, 2013, the BOCC held the first of two required adoption hearings to consider the corresponding ordinance amending the Monroe County Code to establish the Cl and C2 land use districts. The second of the two required adoption hearings is scheduled for May 15, 2013. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Atty d DOCUMENTATION: Included X SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management _ Not Required 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 ORDINANCE NO. - 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE TO INCLUDE THE COMMERCIAL 1 (C1) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WITHIN THE FOLLOWING SECTIONS; SECTION 114-20 FENCES; SECTION 114-99 REQUIRED LANDSCAPING; SECTION 114-126 DISTRICT BOUNDARY BUFFERS; SECTION 114-127 REQUIRED SCENIC CORRIDOR AND MAJOR STREET BUFFERS; SECTION 130-186 MINIMUM YARDS; SECTION 142-4 SIGNS REQUIRING A PERMIT AND SPECIFIC STANDARDS; CHAPTER 146, ENTITLED "WIRELESS COMMUNICATIONS FACILITIES," SECTION 146-3 APPLICABILITY, SECTION 146-4 USES BY LAND USE DISTRICT, AND SECTION 146-5 DEVELOPMENT STANDARDS; REFERENCING COMMERCIAL 1 (C1) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WHERE APPROPRIATE; 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 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 (COMM) future land use category, corresponding Commercial 1 and Commercial 2 zoning categories, and establish the density and intensity standards; and WHEREAS, the BOCC has adopted an amendment to the Monroe County Code establishing Commercial 1 (CI) and Commercial 2 (C2) land use districts, their purpose, permitted and conditional uses, maximum land use intensities, and district open space; and WHEREAS, the proposed amendment is necessary to keep the Monroe County Code internally consistent with the newly established C 1 and C2 land use districts; and Page 1 of 13 1 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 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, at a regularly scheduled meeting held on the 15th day of May, 2013, the BOCC held a public hearing to consider, review and receive public comment for a proposed amendment to the Monroe County Code; 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 necessary due to new issues and recognition of a need for additional detail or comprehensiveness as required by Section 102-158 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 st- eket �48 and additions are underlined.) Sec. 114-20. - Fences. It is the purpose of this section to regulate fences in order to protect the public health, safety and welfare. (1) Height. In general, all fences shall be measured from the finished elevation adjacent to the fence and shall not exceed six feet in height. a. For properties with access to U.S. 1 and to county designated arterial streets and for all nonresidential properties with access to any public street, no fence exceeding three feet shall be located within a clear sight triangle as defined in section 114-201 that interferes with the safe and adequate view of vehicles and pedestrians utilizing streets and sidewalks; b. No fence exceeding three feet shall be located at the intersection of any two public streets within the clear sight triangle as defined in section 114-201 Page 2 of 13 1 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 c. For residential properties on local streets, fences located within the clear sight triangle as defined in section 114-201 may exceed three feet in height if located on private property and placed a minimum of ten feet from the edge of pavement of the street, the sidewalk or the bike path, whichever is closer to the property. On unpaved streets, the distance shall be measured from the approximate edge of the cleared right-of-way. If the setback of existing fences on the street is greater than ten feet the fence shall be setback the same distance or to a maximum of 20 feet, whichever is less; d. No fence shall exceed four feet in height within any front yard setback or within any side yard setback that overlaps with a front yard setback, except as follows: 1. Within all land use districts, fences of five feet in height may be permitted if constructed of chain -link or other material that does not impair visibility; 2. Within the UC, C1, C2, SC, MU, I, MI, and AD Land Use (Zoning) Districts, and when permitted in a commercial fishing district around storage lots, fences may be constructed to a height of six feet, provided they are not located within clear sight triangles as defined in section 114-201 3. Within the IS, SR, SR-L, SS and NA Land Use (Zoning) Districts, fences may be constructed to a height of six feet, provided that no other residentially developed property is located within 200 feet of the subject property, provided they are not located within clear sight triangles as defined in section 114-201 4. On Stock Island and on Key Haven, fences may be constructed to a height of six feet, provided they are not located within clear sight triangles as defined in section 114-201. Developed single family residential lots may incorporate entry features of greater than six feet within the fences, provided all of the following design guidelines are met: i. The entry feature is defined as a continuous fence or gate, or combination thereof, located contiguous to and on both sides of the main access (driveway) to the property which is designed and intended to control and/or demarcate the access to the property. An "entry feature" includes all walls, buttresses, guy wires, integral signs and decorative features attached thereto up to a maximum width of 12 feet, or 15 percent of the lot width whichever is greater, a maximum height of ten feet, and four feet in depth or six percent of the lot depth whichever is greater as measured from the front property line; and ii. The entry feature shall not be located in any side yard setback; and iii. The entry feature shall be compatible with the existing development in the immediate vicinity, shall be in harmony with the general appearance and character of the community, and shall not be otherwise detrimental to the public welfare; and iv. The entry feature shall be designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent structures while affording the applicant a reasonable use of the land; and vi. The entry feature shall require a building permit for its construction and in addition to the normal building permit application requirements, the application shall include a scaled site plan and elevations for the entry feature that shows the height, width and length of each element of the entry feature applied for, including any decorative or non-functional Page 3 of 13 1 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 elements; and identification of the materials composing each element of the structure (e.g. wire, stone, chain -link, wood, etc.). e. When it is necessary to use a fence to contain athletic activity, the fence may be erected to a maximum of 12 feet in height, if it is designed to not impair visibility and in accordance with community character as determined by the planning director. f. When it is necessary to use a fence to contain a public use for safety and/or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry code, if it is designed in accordance with community character as determined by the planning director. Sec. 114-99. - Required landscaping. All off-street parking areas containing more than six spaces and located in one of the land use districts listed in this section shall be landscaped in accordance with the standards set out in section 114-100. Land Use District Landscape Standard Urban commercial C Urban residential C Suburban commercial A Suburban residential C Sparsely settled A Native area A Destination resort A Mixed use C Commercial 1 A Commercial 2 C Light industrial C Military facilities C Improved subdivision (commercial) A Sec. 114-126. - District boundary buffers. (a) Bufferyards required by section 114-124 along district boundaries shall be provided in accordance with the following table: Page 4 of 13 Land Use District Adjoining District ®e�oo��ao©000�oo©aaoaaa ®■®A����A®AAA®AAA■AA■■■ ®■®®®���A®AAA®®A®■■A■■■ ®e�oo��vo�000�oo©eooeee �o�ooAAo�©000©©©©oo©©ee ®®©oo®®©0000©©0000©®©ae moo©®AA000aao�0000��aaa ©oo®®AA000veo�0000���ve �©©oo®®®0000©©0000©®©ee ®0000AA000e�o©©©©oo©ove o�ooAAoo©0000©©©��©oaa �o©ooAAo©oo©©©veveeovee ®o©oo®®o©oo©©©veveeovee ®e�oo��a0000�oaaaaooaaa ©ems©©®moo©�o��0000vevee ®0000AAo©®�©©©0000vevee ®v000��e©®v000veeovevee 0000AA0000000000000aao 2 3 (b) Where a district boundary runs along a canal, the following rules apply: 4 (1) No buffer is required if the specified buffer is an A or B buffer. 5 (2) All other buffers shall be reduced as follows: 6 C to A 7 DtoB 8 EtoC 9 FtoD 10 GtoA 11 HtoB 12 13 Page 5 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sec. 114-127. - Required scenic corridor and major street buffers. (a) Bufferyards required by section 114-124 shall be provided in accordance with the following table: Land Use District Major Street Buffer Scenic Corridor Urban commercial B D Urban residential D E Urban residential mobile home D D Urban residential mobile home -limited J D Commercial 1 C E Commercial 2 B D Suburban commercial C E Suburban residential E F Sparsely settled F F Native area F F Mainland native area F F Improved subdivisions D D Destination resort D F Commercial fishing E F Mixed use B F Light industry D F Maritime industries D F Military facilities C F Recreational vehicle E F Airport E F (b) Major streets are: U.S. 1, 905, 940 and Key Deer Boulevard. Additional major streets may be designated by the board of county commissioners pursuant to the provisions of chapter 102, article V. Sec. 130-186. - Minimum yards. Except as provided in sections 114-20 and 130-187, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Side yards indicated set forth the minimum single yard and the total side yards required. The first number is the minimum for any single side yard where only one side yard exists; where there are two side yards, the first number is the required side yard for one of the two side yards. The Page 6 of 13 second number is the minimum combined total of both side yards (where there are two side yards). Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Urban commercial 15 10115 10 Urban residential: Attached residential 15 10115 10 Detached residential 15 10115 Urban residential mobile home: Lots less than 50 feet wide Detached residential 10 5110 10 Mobile homes 10 5110 10 Lots 50 feet wide or greater Detached residential 10 10115 10 Mobile homes 10 10115 10 Urban residential mobile home -limited 10* 10/20* 10* Commercial 1 25 10115 10 Commercial 2 15 10115 10 Suburban commercial: Hotel 25 10115 10 Other 25 10115 10 Suburban residential and suburban residential limited: Detached residential 25 10115 10 Attached residential Other 25 10115 10 Sparsely settled: Detached residential 25 10115 15 Attached residential 25 N/A 15 Other 25 10115 10 Offshore 25 10115 20 Native 25 10115 20 Mainland native 25 10115 20 Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Improved subdivisions 25 10115 20 Destination resort 50 20/35 30 Commercial fishing (all districts): Detached residential 25 10115 20 Attached residential 25 20 Other 25 10115 20 Mixed use: Detached residential 25 10115 20 Attached residential 25 N/A 20 Other 15 10115 10 Light industry: 25 10115 25 Maritime industry 25 10115 25 Military area 25 5/20 20 Airport 200 200 200 Park and refuge 50 50 50 `Applies to new construction only. Sec. 142-4. - Signs requiring a permit and specific standards. Upon application for, and issuance of a building permit, except as indicated, the following signs shall be allowed. In order for a sign application to be approved, the applicant must grant access to the property for inspection purposes, for the life of the sign. (3) Signs in commerciaUnonresidential areas. Sign allowances in commercial and other nonresidential areas (AD, Cl, C2, CFA, CFSD, DR, I, MF, MI, MU, RV, SC, UC) shall be calculated based on the amount of property frontage and business frontage as follows: a. Ground -mounted single-tenant/occupant signs. Every developed parcel of land with a commercial or other nonresidential use shall be allowed the following ground -mounted signage: 1. One illuminated or non -illuminated, ground -mounted sign of a height not more than 24 feet shall be allowed for each frontage as indicated in the following table - Permitted Size of Nonresidential Signs per Property Frontage Street Frontage Maximum Area Total Face Area (Linear feet) Per Face (square feet) (square feet) Frontage on U.S. 1 or a frontage road adjacent to U.S. 1: Page 8 of 13 1 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 I ft. to 150 ft. 75 sq. ft. 150 sq. ft. 151 ft. to 300 ft 100 sq. ft. 200 sq. ft. Over 301 ft. or more 200 sq. ft. 400 sq. ft. Frontage on county roads, shorelines or runways: 1 ft. to 150 ft. 40 sq. ft. 80 sq. ft. 151 ft. to 300 ft. 60 sq. ft. 120 sq. ft. Over 301 ft. or more 80 sq. ft. 160 sq. ft. Sec. 146-3. - Applicability. (a) Except as provided for in subsection (b) of this section, this chapter shall apply to development activities including installation, construction, or modification to the following wireless communications facilities: (1) Existing antenna -supporting structures; (2) Proposed antenna -supporting structures; (3) Public antenna -supporting structures; (4) Replacement of existing antenna -supporting structures; (5) Collocation on existing antenna -supporting structures; (6) Attached wireless communications facilities; (7) Stealth wireless communications facilities; (8) Satellite earth stations; and (9) Noncommercial amateur, ham radio, or citizen's band antenna -supporting structures with heights greater than 70 feet. (b) The following items are exempt from the provisions of this chapter, notwithstanding the provisions contained in chapter 6 (1) Amateur radio antennas as provided in F.S. § 125.561; (2) Satellite earth stations that are one meter or less in diameter and which are not greater than 35 feet above grade; (3) Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the following land use districts: C1, C2, I, MI, SC, and UC; (4) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; (5) The substitution or change of existing antennas or other equipment on an existing antenna -supporting structure, provided the substituted antennas or equipment do not diminish the structural capacity of the antenna -supporting structure, and provided such change does not increase the overall height of the structure; (6) Any existing or proposed antenna -supporting structure with an overall height of 70 feet or less above ground level; and (7) A wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity for the facility by the director of public safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency. Page 9 of 13 1 2 Sec. 146-4. - Uses by land use district. 3 (a) Pursuant to chapter 130, article III, and except as provided in subsection (b) of this 4 section, no wireless communications facility shall be permitted in a particular land use 5 district except in accordance with the table below: Land Use District New Antenna Supporting Structure Replacement of Existing Antenna Supporting Structure Collocation Attached Facility Stealth Facility Satellite Earth Station AD Prohibited Minor As -of -right Minor Minor As -of -right C1 Major As -of -right As -of -right As -of -right As -of -right As -of -right C2 Major As -of -right As-oL ght As -of -right As -of -right As -of -right CD Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 CFA Major As -of -right As -of -right Minor Minor Minor3 CFS1 Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 CFSZ Major As -of -right As -of -right As -of -right Minor Minor3 CFV Prohibited Minor As -of -right Minor Minor Minor3 DR Major As -of -right As -of -right As -of -right As -of -right As -of -right I Minor As -of -right As -of -right As -of -right As -of -right As -of -right IS Prohibited Prohibited As -of -right Prohibited Major Minor3 MF Major As -of -right As -of -right As -of -right As -of -right As -of -right MI Minor As -of -right As -of -right As -of -right As -of -right As -of -right MN Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 MU Major As -of -right As -of -right As -of -right As -of -right Minor3 NA Prohibited As -of -right As -of -right Minor Minor Minor3 OS Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 PR Prohibited Minor As -of -right As -of -right Minor As -of -right RV Prohibited Minor As -of -right Minor Minor Minor3 SC Major As -of -right As -of -right As -of -right As -of -right As -of -right SR Prohibited Minor As -of -right Prohibited Minor Minor3 SR-L Prohibited Minor As -of -right Prohibited Minor Minor3 SS Prohibited Prohibited As -of -right Prohibited Minor Minor3 UC Major As -of -right As -of -right As -of -right As -of -right I As -of -right UR Prohibited Minor As -of -right As -of -right Minor Minor3 Page 10 of 13 1 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 URM Prohibited Minor As -of -right Prohibited Minor Minor3 URM-L Prohibited Minor As -of -right Prohibited Minor Minor3 I Includes the following commercial fishing special districts: 1, 2, 8, 12, 13, 16 and 20. 2 Includes the following commercial fishing special districts: 4, 5, 6, 7 and 17. 3 Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as -of -right. (b) Within the following districts, new antenna -supporting structures may be permitted as a major conditional use, provided that the antenna -supporting structure is owned by the county and is used exclusively for nonproprietary public safety communications: CD, MN, OS, and PR. Sec. 146-5. - Development standards. These standards shall apply to the following types of wireless communications facilities: (2) Replacement of an existing antenna -supporting structure. a. Approval criteria for replacement antenna -supporting structures. For a proposed replacement antenna -supporting structure to be approved, it shall meet the same approval criteria of subsections (1)a.4., 5., 710., and 12. of this section, as well as the following: 1. Setbacks. (i) Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located pursuant to section 130-186 (ii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the IS, SR, UR or URM zones shall not be any closer to these zones than the foundation of the original antenna -supporting structure being replaced. (iii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the right-of- way of U.S. Highway 1 shall not be any closer to such right-of-way than the foundation of the original antenna -supporting structure being replaced. (iv) Replacement antenna -supporting structures and the associated ancillary structures shall meet the environmental design criteria related to wetland setbacks pursuant to section 118-7 to the maximum extent practicable. 2. Height. (i) Except as provided in subsection (2)a2.(ii) of this section, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna - supporting structure it is replacing, whichever is less. (ii) In the following land use districts, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna -supporting structure it Page 11 of 13 1 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 is replacing, whichever is greater: C1, C2, CFA, DR, I, MF, MI, MU, NA, SC, UC, and CFS districts 3, 4, 6, 7, and 17. 3. Construction. Subject to the height provisions of subsection (2)a.2. of this section: (i) Replacement antenna -supporting structures with an overall height of 199 feet or less shall have a monopole type construction; except that AM broadcast replacement facilities may be of the same construction type as the structure being replaced. (ii) Replacement antenna -supporting structures with an overall height of greater than 199 feet, may be of the same construction type as the structure being replaced. 4. Landscaping. Landscaping and/or screening in the form of at least a class D buffer as drawn in the class D bufferyard figure in section 114-128 shall be required around the development area to the maximum extent practicable. b. Submittal requirements for replacement antenna -supporting structure applications. For a proposed replacement antenna -supporting structure application to be considered complete pursuant to section 110-4, it shall contain the same submittal materials required in subsections (1)b.l9., 11., 12., and 14. of this section. 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. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Florida State Land Planning Agency or Administration Commission approving the ordinance. This ordinance shall not become effective until the ordinance establishing the Commercial 1 and Commercial 2 land use districts is adopted and effective. 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. Page 12 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 7. Effective Date. This ordinance shall become effective contingent on adoption and effectiveness of an ordinance establishing the C1 and C2 land use districts, and as provided by law and stated above. This ordinance applies to any permit, and or other development approval application submitted after the effective date. 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 tern 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 tVot"ROF CQLJNTY AAARo1f pS FORM Dale: c� cr Page 13 of 13 1 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 49 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: April 22, 2013 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY CODE TO INCLUDE THE COMMERCIAL 1 (CI) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WITHIN THE FOLLOWING SECTIONS; SECTION 114-20 FENCES; SECTION 114-99 REQUIRED LANDSCAPING; SECTION 114-126 DISTRICT BOUNDARY BUFFERS; SECTION 114-127 REQUIRED SCENIC CORRIDOR AND MAJOR STREET BUFFERS; SECTION 130-186 MINIMUM YARDS; SECTION 142-4 SIGNS REQUIRING A PERMIT AND SPECIFIC STANDARDS; CHAPTER 146, ENTITLED "WIRELESS COMMUNICATIONS FACILITIES, " SECTION 146-3 APPLICABILITY, SECTION 146-4 USES BYLAND USE DISTRICT, AND SECTION 146-5 DEVELOPMENT STANDARDS, REFERENCING COMMERCIAL 1 (CI) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WHERE APPROPRIATE, 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: May 15, 2013 L REQUEST This is a request from the Planning & Environmental Resources Department to amend various sections of Monroe County Code (MCC) to reference the Commercial 1 (C1) and Commercial 2 (C2) land use districts in the appropriate places within Chapters 114, 130, 142 and 146, as described below. This request creates land development regulations consistent with and which implement the recently adopted, and now effective Commercial (COMM) future land use category (see Exhibit 1 — Ordinance 010-2013 — adopted by the BOCC on February 20, 2013, and now effective based on DEO's Notice of Intent finding the amendment in compliance, which was issued on April 26, 2013), and the proposed amendment creating the C1 and C2 land Page 1 of 14 1 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 49 use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements (see Exhibit 2). This request is contingent upon the adoption and effectiveness the C 1 and C2 land use districts (scheduled for the second of two required BOCC adoption hearings on May 15, 2013). IL RELEVANT PRIOR COUNTY ACTIONS On December 18, 2012 the Monroe County Development Review Committee considered the corresponding amendment establishing the CI and C2 land use districts and this proposed amendment (section updates) at a regularly scheduled meeting and recommended approval of both amendments. On February 20, 2013, the BOCC adopted an ordinance amending the Comprehensive Plan establishing the Commercial (COMM) future land use category (Ordinance 010-2013, see Exhibit 1). On April 26, 2013, DEO issued a Notice of Intent finding the amendment in compliance with Florida Statute, and it is therefore now effective. The COMM FLUM is to have 2 corresponding zoning categories: C 1 and C2. On February 27, 2013, at a regularly scheduled meeting, the Monroe County Planning Commission held a public hearing to consider, review and receive public comment for the corresponding amendment establishing the CI and C2 land use districts and this proposed amendment (section updates) and recommended approval of the amendments to the BOCC (Resolution P11-2013, see Exhibit 3). On April 17, 2013, the BOCC held the first of two required adoption hearings to consider the corresponding ordinance amending the Monroe County Code to establish the C 1 and C2 land use districts. The second of the two required adoption hearings is scheduled for May 15, 2013. Contingent upon the adoption and effectiveness of the text amendment establishing the C 1 and C2 land use districts, the additional text amendments proposed here are required to reconcile the CI and C2 land use districts with sections of MCC that currently reference specific land use districts in regards to fences, landscaping, bufferyards, minimum required yards, signs, and wireless communications facilities. These amendments are necessary to implement the adopted Comprehensive Plan amendment. These amendments are also consistent with the Florida Keys Principles for Guiding Development and Sections 163.3194, 163.3201 and 163.3202, Florida Statutes. III. REVIEW CHAPTER 114 -DEVELOPMENT STANDARDS ARTICLE L - IN GENERAL MCC $114-20 — Fences: This section regulates fences. Currently, the height of fences is restricted to four feet within front yard setbacks, with four exceptions. Exception #2 (§114-20(1)d.2.) allows fences within certain land use districts to be constructed to a height of six feet provided they are not located within clear sight triangles. The list of land use districts allowed this exception includes all land use Page 2 of 14 districts that are primarily nonresidential in character. It would then be consistent to also allow fences within front yard setbacks to a height of six feet in the newly created C 1 and C2 land use districts. ARTICLE IV. - LANDSCAPING MCC $114-99 — Required landscapinz: This section establishes landscaping standards for off-street parking areas containing more than six spaces and located within certain land use districts. Currently, all land use districts which allow nonresidential development have a required landscape standard under this section of code. Uses within the C 1 and C2 land use districts will likely require significant off-street parking, and should have a landscape standard as well. The C1 land use district is similar in intensity to the Suburban Commercial (SC) district, which has a landscape standard of "A"; the C2 land use district is similar in intensity to the Urban Commercial (UC) district, which has a landscape standard of "C". Therefore, staff proposes a landscape standard of "A" for the less intense Cl district, and a landscape standard of "C" for the more intense C2 district. ARTICLE V. - SCENIC CORRIDOR AND BUFFERYARDS MCC $114-126 — District boundary buffers: This section provides a table establishing the types of bufferyards required between specific land use districts. The C 1 land use district is similar in intensity and type of commercial use to the SC district; the C2 land use district is similar in intensity and type of commercial use to the UC district. Therefore, staff proposes district boundary bufferyard standards for the C 1 district based on those already established for the SC district, and district boundary bufferyard standards for the C2 district based on those already established for the UC district. MCC 6114-127 — Required scenic corridor and maior street buffers: This section provides a table establishing the types of bufferyards to be used for the scenic corridor and major street buffers required by §114-124, depending on the land use district. The Cl land use district is similar in intensity and type of commercial use to the SC district; the C2 land use district is similar in intensity and type of commercial use to the UC district. Therefore, staff proposes scenic corridor and major street bufferyard standards for the C1 district based on those already established for the SC district, and scenic corridor and major street bufferyard standards for the C2 district based on those already established for the UC district. CHAPTER 130 - LAND USE DISTRICTS ARTICLE VI.-BULKREGULATIONS MCC $130-186 —Minimum yards: An amendment to this section is necessary to establish the minimum yards (setbacks) required within the C 1 and C2 land use districts. Staff is proposing a 25' front yard setback for the C 1 district and a 15' front yard setback for the C2 district. For both C1 and C2 districts, staff proposes a 10' rear yard setback, and 10'115' side yard setbacks (the first number is the minimum for any single side yard where only one side yard exists; where there are two side Page 3 of 14 1 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 yards, the first number is the required side yard for one of the two side yards, and the second number is the minimum combined total of both side yards). CHAPTER 142 — SIGNS MCC $142-4. - Sims requiring a permit and specific standards: An amendment to this section is required in order to include the Cl and C2 districts in subsection 142-4(3), which regulates signs in commercial/nonresidential areas. CHAPTER 146 — WIRELESS COMMUNICATIONS FACILITIES MCC $146-3. -Applicability: An amendment to this section is required to include the CI and C2 districts on the list of land use districts in which satellite earth stations that are two meters or less in diameter are exempt from the requirements of chapter 146. Currently the Industrial (I), Maritime Industries (MI), SC, and UC districts are included in this list. MCC $146-4. - Uses by land use district. This section provides a table showing how and if certain types of wireless communications facilities are permitted in each land use district. The table is a summary of the provisions set out in chapter 130, article III — permitted and conditional uses. An amendment to this section is required to add the requirements for wireless facilities in the C 1 and C2 districts to the table. MCC $146-5. - Development standards: This section establishes the standards for developing different types of wireless communications facilities. Subsection 146-5(2)a.2.(ii) includes a list of land use districts in which a replacement antenna -supporting structure may exceed the normal height limit, up to the height of the structure it is replacing. All primarily nonresidential land use districts are included in this list. Therefore, staff proposes that the C 1 and C2 districts be included as well. IV. PROPOSED AMENDMENT Therefore, staff recommends the following changes (Additions are underlined and in green. Text to remain the same is in black): Chapter 114 Development Standards Article I. General Sec. 114-20. - Fences. It is the purpose of this section to regulate fences in order to protect the public health, safety and welfare. (1) Height. In general, all fences shall be measured from the finished elevation adjacent to the fence and shall not exceed six feet in height. a. For properties with access to U.S. 1 and to county designated arterial streets and for all nonresidential properties with access to any public street, no fence exceeding three feet shall be located within a clear sight triangle as defined in section 114-201 that interferes with the safe and adequate view of vehicles and pedestrians utilizing streets and sidewalks; Page 4 of 14 I b. No fence exceeding three feet shall be located at the intersection of any two public streets 2 within the clear sight triangle as defined in section 114-201 3 c. For residential properties on local streets, fences located within the clear sight triangle as 4 defined in section 114-201 may exceed three feet in height if located on private property and 5 placed a minimum of ten feet from the edge of pavement of the street, the sidewalk or the 6 bike path, whichever is closer to the property. On unpaved streets, the distance shall be 7 measured from the approximate edge of the cleared right-of-way. If the setback of existing 8 fences on the street is greater than ten feet the fence shall be setback the same distance or to 9 a maximum of 20 feet, whichever is less; 10 d. No fence shall exceed four feet in height within any front yard setback or within any side 11 yard setback that overlaps with a front yard setback, except as follows: 12 1. Within all land use districts, fences of five feet in height may be permitted if 13 constructed of chain -link or other material that does not impair visibility; 14 2. Within the UC, C1, C2, SC, MU, I, MI, and AD Land Use (Zoning) Districts, and 15 when permitted in a commercial fishing district around storage lots, fences may be 16 constructed to a height of six feet, provided they are not located within clear sight 17 triangles as defined in section 114-201 18 3. Within the IS, SR, SR-L, SS and NA Land Use (Zoning) Districts, fences may be 19 constructed to a height of six feet, provided that no other residentially developed 20 property is located within 200 feet of the subject property, provided they are not 21 located within clear sight triangles as defined in section 114-201 22 4. On Stock Island and on Key Haven, fences may be constructed to a height of six 23 feet, provided they are not located within clear sight triangles as defined in section 24 114-201. Developed single family residential lots may incorporate entry features of 25 greater than six feet within the fences, provided all of the following design guidelines 26 are met: 27 i. The entry feature is defined as a continuous fence or gate, or combination 28 thereof, located contiguous to and on both sides of the main access 29 (driveway) to the property which is designed and intended to control and/or 30 demarcate the access to the property. An "entry feature" includes all walls, 31 buttresses, guy wires, integral signs and decorative features attached thereto 32 up to a maximum width of 12 feet, or 15 percent of the lot width whichever is 33 greater, a maximum height of ten feet, and four feet in depth or six percent of 34 the lot depth whichever is greater as measured from the front property line; 35 and 36 ii. The entry feature shall not be located in any side yard setback; and 37 iii. The entry feature shall be compatible with the existing development in the 38 immediate vicinity, shall be in harmony with the general appearance and 39 character of the community, and shall not be otherwise detrimental to the 40 public welfare; and 41 iv. The entry feature shall be designed and arranged on the site in a manner 42 that minimizes aural and visual impact on the adjacent structures while 43 affording the applicant a reasonable use of the land; and 44 vi. The entry feature shall require a building permit for its construction and in 45 addition to the normal building permit application requirements, the 46 application shall include a scaled site plan and elevations for the entry feature 47 that shows the height, width and length of each element of the entry feature 48 applied for, including any decorative or non-functional elements; and Page 5 of 14 1 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 identification of the materials composing each element of the structure (e.g. wire, stone, chain -link, wood, etc.). e. When it is necessary to use a fence to contain athletic activity, the fence may be erected to a maximum of 12 feet in height, if it is designed to not impair visibility and in accordance with community character as determined by the planning director. f. When it is necessary to use a fence to contain a public use for safety and/or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry code, if it is designed in accordance with community character as determined by the planning director. Chapter 114 Development Standards Article IV. Landscaping Sec. 114-99. - Required landscaping. All off-street parking areas containing more than six spaces and located in one of the land use districts listed in this section shall be landscaped in accordance with the standards set out in section 114-100. Land Use District Landscape Standard Urban commercial C Urban residential C Suburban commercial A Suburban residential C Sparsely settled A Native area A Destination resort A Mixed use C Commercial 1 A Commercial 2 C Light industrial C Military facilities C Improved subdivision (commercial) A Chapter 114 Development Standards Article V. Scenic Corridor and Bufferyards Page 6 of 14 I Sec. 114-126. - District boundary buffers. 2 (a) Bufferyards required by section 114-124 along district boundaries shall be provided in 3 accordance with the following table: 4 Adjoining Distriet moo©®AA000■■o■0000■■■■■ ©oo©®AA000■■o■0000■■■■■ ©■■©©■■o■©■■■■0000■■■■■ ®o■ooAAo©®■©©©0000■■■■■ ' o■ooAAo■o■■■■oo■000■■■ 5 6 (b) Where a district boundary runs along a canal, the following rules apply: 7 (1) No buffer is required if the specified buffer is an A or B buffer. 8 (2) All other buffers shall be reduced as follows: 9 C to A 10 DtoB 11 EtoC 12 FtoD 13 GtoA 14 HtoB 15 16 Page 7 of 14 I Sec. 114-127. - Required scenic corridor and major street buffers. 2 (a) Bufferyards required by section 114-124 shall be provided in accordance with the following 3 table: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Land Use District Major Street Buffer Scenic Corridor Urban commercial B D Urban residential D E Urban residential mobile home D D Urban residential mobile home -limited J D Commercial 1 C E Commercial 2 B D Suburban commercial C E Suburban residential E F Sparsely settled F F Native area F F Mainland native area F F Improved subdivisions D D Destination resort D F Commercial fishing E F Mixed use B F Light industry D F Maritime industries D F Military facilities C F Recreational vehicle E F Airport E F (b) Major streets are: U.S. 1, 905, 940 and Key Deer Boulevard. Additional major streets may be designated by the board of county commissioners pursuant to the provisions of chapter 102, article V. Chapter 130 Land Use Districts Article VI. Bulk Regulations Sec. 130-186. - Minimum yards. Except as provided in sections 114-20 and 130-187, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Side yards indicated set forth the minimum single yard and the total side yards required. The first number is the minimum for any single side yard where only one side yard exists; where there are two side yards, Page 8 of 14 I the first number is the required side yard for one of the two side yards. The second number is the 2 minimum combined total of both side yards (where there are two side yards). Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Urban commercial 15 10115 10 Urban residential: Attached residential 15 10115 10 Detached residential 15 10115 Urban residential mobile home: Lots less than 50 feet wide Detached residential 10 5110 10 Mobile homes 10 5110 10 Lots 50 feet wide or greater Detached residential 10 10115 10 Mobile homes 10 10115 10 Urban residential mobile home -limited 10* 10/20* 10* Commercial 1 2 10115 1 Commercial 2 1 10115 Suburban commercial: Hotel 25 10115 10 Other 25 10115 10 Suburban residential and suburban residential limited: Detached residential 25 10115 10 Attached residential Other 25 10115 10 Sparsely settled: Detached residential 25 10115 15 Attached residential 25 N/A 15 Other 25 10115 10 Offshore 25 10115 20 Native 25 10115 20 Mainland native 25 10115 20 Improved subdivisions 25 10115 20 Destination resort 50 20/35 30 Commercial fishing (all districts): Page 9 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Detached residential 25 10115 20 Attached residential 25 20 Other 25 10115 20 Mixed use: Detached residential 25 10115 20 Attached residential 25 N/A 20 Other 15 10115 10 Light industry: 25 10115 25 Maritime industry 25 10115 25 Military area 25 5/20 20 Airport 200 200 200 Park and refuge 50 50 50 *Applies to new construction only. Chapter 142 Signs Sec. 142-4. - Signs requiring a permit and specific standards. Upon application for, and issuance of a building permit, except as indicated, the following signs shall be allowed. In order for a sign application to be approved, the applicant must grant access to the property for inspection purposes, for the life of the sign. (3) Signs in commerciaUnonresidential areas. Sign allowances in commercial and other nonresidential areas (AD, Cl, C2, CFA, CFSD, DR, I, MF, MI, MU, RV, SC, UC) shall be calculated based on the amount of property frontage and business frontage as follows: a. Ground -mounted single-tenant/occupant signs. Every developed parcel of land with a commercial or other nonresidential use shall be allowed the following ground -mounted signage: 1. One illuminated or non -illuminated, ground -mounted sign of a height not more than 24 feet shall be allowed for each frontage as indicated in the following table: Permitted Size of Nonresidential Signs per Property Frontage Street Frontage (Linear feet) Maximum Area Per Face (square feet) Total Face Area (square feet) Frontage on U.S. 1 or a frontage road adjacent to U.S. 1: 1 ft. to 150 ft. 75 sq. ft. 150 sq. ft. 151 ft. to 300 ft 100 sq. ft. 200 sq. ft. Over 301 ft. or more 200 sq. ft. 400 sq. ft. Page 10 of 14 1 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 Frontage on county roads, shorelines or runways: 1 ft. to 150 ft. 40 sq. ft. 80 sq. ft. 151 ft. to 300 ft. 60 sq. ft. 120 sq. ft. Over 301 ft. or more 80 sq. ft. 160 sq. ft. Chapter 146 Wireless Communications Facilities Sec. 146-3. - Applicability. (a) Except as provided for in subsection (b) of this section, this chapter shall apply to development activities including installation, construction, or modification to the following wireless communications facilities: (1) Existing antenna -supporting structures; (2) Proposed antenna -supporting structures; (3) Public antenna -supporting structures; (4) Replacement of existing antenna -supporting structures; (5) Collocation on existing antenna -supporting structures; (6) Attached wireless communications facilities; (7) Stealth wireless communications facilities; (8) Satellite earth stations; and (9) Noncommercial amateur, ham radio, or citizen's band antenna -supporting structures with heights greater than 70 feet. (b) The following items are exempt from the provisions of this chapter, notwithstanding the provisions contained in chapter 6 (1) Amateur radio antennas as provided in F.S. § 125.561; (2) Satellite earth stations that are one meter or less in diameter and which are not greater than 35 feet above grade; (3) Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the following land use districts: C1, C2, I, MI, SC, and UC; (4) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; (5) The substitution or change of existing antennas or other equipment on an existing antenna -supporting structure, provided the substituted antennas or equipment do not diminish the structural capacity of the antenna -supporting structure, and provided such change does not increase the overall height of the structure; (6) Any existing or proposed antenna -supporting structure with an overall height of 70 feet or less above ground level; and (7) A wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity for the facility by the director of public safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency. Page 11 of 14 I Sec. 146-4. - Uses by land use district. 2 (a) Pursuant to chapter 130, article Ill, and except as provided in subsection (b) of this section, 3 no wireless communications facility shall be permitted in a particular land use district except 4 in accordance with the table below: Land Use District New Antenna Supporting Structure Replacement of Existing Antenna Supporting Structure Collocation Attached Facility Stealth Facility Satellite Earth Station AD Prohibited Minor As -of -right Minor Minor As -of -right C1 Major As -of --right As -of -right As -of -right As -of -right As -of -right C2 Major As -of -right As-oL ght As -of -right As -of -right As -of -right CD Prohibited Prohibited As -of -right Prohibited Prohibited Minor CFA Major As -of -right As -of -right Minor Minor Minor CFS1 Prohibited Prohibited As -of -right Prohibited Prohibited Minor CFSZ Major As -of -right As -of -right As -of -right Minor Minor CFV Prohibited Minor As -of -right Minor Minor Minor DR Major As -of -right As -of -right As -of -right As -of -right As -of -right I Minor As -of -right As -of -right As -of -right As -of -right As -of -right IS Prohibited Prohibited As -of -right Prohibited Major Minor MF Major As -of -right As -of -right As -of -right As -of -right As -of -right MI Minor As -of -right As -of -right As -of -right As -of -right As -of -right MN Prohibited Prohibited As -of -right Prohibited Prohibited Minor MU Major As -of -right As -of -right As -of -right As -of -right Minor NA Prohibited As -of -right As -of -right Minor Minor Minor OS Prohibited Prohibited As -of -right Prohibited Prohibited Minor PR Prohibited Minor As -of -right As -of -right Minor As -of -right RV Prohibited Minor As -of -right Minor Minor Minor Sc IMajor As -of -right As -of -right As -of -right As -of -right As -of -right SR Prohibited Minor As -of -right Prohibited Minor Minor SR-L Prohibited Minor As -of -right Prohibited Minor Minor SS Prohibited Prohibited As -of -right Prohibited Minor Minor UC IMajor As -of -right As -of -right As -of -right As -of -right As -of -right UR Prohibited Minor As -of -right As -of -right Minor Minor URM Prohibited Minor As -of -right Prohibited Minor Minor URM-L Prohibited I Minor As -of -right I Prohibited IMinor IMinor3 i Includes the following commercial fishing special districts: 1, 2, 8, 12, 13, 16 and 20. Page 12 of 14 2 Includes the following commercial fishing special districts: 4, 5, 6, 7 and 17. 3 Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as -of -right. 1 2 (b) Within the following districts, new antenna -supporting structures may be permitted as a major 3 conditional use, provided that the antenna -supporting structure is owned by the county and is used 4 exclusively for nonproprietary public safety communications: CD, MN, OS, and PR. 5 6 Sec. 146-5. - Development standards. 7 These standards shall apply to the following types of wireless communications facilities: 8 (2) Replacement of an existing antenna -supporting structure. a. Approval criteria for replacement antenna -supporting structures. For a proposed replacement antenna -supporting structure to be approved, it shall meet the same approval criteria of subsections (1)a.4., 5., 710., and 12. of this section, as well as the following: 1. Setbacks. (i) Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located pursuant to section 130-186 (ii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the IS, SR, UR or URM zones shall not be any closer to these zones than the foundation of the original antenna -supporting structure being replaced. (iii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the right-of- way of U.S. Highway 1 shall not be any closer to such right-of-way than the foundation of the original antenna -supporting structure being replaced. (iv) Replacement antenna -supporting structures and the associated ancillary structures shall meet the environmental design criteria related to wetland setbacks pursuant to section 118-7 to the maximum extent practicable. 2. Height. (i) Except as provided in subsection (2)a.2.(ii) of this section, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna - supporting structure it is replacing, whichever is less. (ii) In the following land use districts, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna -supporting structure it is replacing, whichever is greater: C1, C2, CFA, DR, I, MF, MI, MU, NA, SC, UC, and CFS districts 3, 4, 6, 7, and 17. 3. Construction. Subject to the height provisions of subsection (2)a2. of this section: (i) Replacement antenna -supporting structures with an overall height of 199 feet or less shall have a monopole type construction; except that AM broadcast replacement facilities may be of the same construction type as the structure being replaced. Page 13 of 14 1 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 (ii) Replacement antenna -supporting structures with an overall height of greater than 199 feet, may be of the same construction type as the structure being replaced. 4. Landscaping. Landscaping and/or screening in the form of at least a class D buffer as drawn in the class D bufferyard figure in section 114-128 shall be required around the development area to the maximum extent practicable. b. Submittal requirements for replacement antenna -supporting structure applications. For a proposed replacement antenna -supporting structure application to be considered complete pursuant to section 110-4, it shall contain the same submittal materials required in subsections (1)b.l9., 11., 12., and 14. of this section. V. STAFF RECOMMENDATION Staff has found that the proposed text amendment would be consistent with one or more of the required provisions of §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 has found that the proposed text amendments would be consistent with the Monroe County Year 2010 Comprehensive Plan, the Florida Keys Principles for Guiding Development, and Sections 163.3194, 163.3201 and 163.3202, Florida Statute. Contingent upon adoption of the text amendment establishing the C 1 and C2 land use districts, staff recommends that the Board of County Commissioners amend the Monroe County Code as stated in the text of this staff report. VI. EXHIBITS 1. Ordinance 010-2013, adopted by the BOCC on February 20, 2013 — corresponding amendment to Comprehensive Plan to create a Commercial FLUM. 2. Corresponding proposed amendment to Land Development Code to establish "Commercial 1" and "Commercial 2" land use districts, corresponding permitted and conditional uses, and corresponding land use intensities and open space requirements. 3. Planning Commission Resolution P11-13, recommending approval of proposed amendment. Page 14 of 14 Exhibit 1 to Staff Report April 22, 2013 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 (a)(b)(i) Maximum Intensity And Corivsponding Zoning (per acre) (per buildable acre) (floor area ratio) Agriculture (A)U9 0 du N/A 0.20-025 (no directly corresponding zoning) 0 rooms/ N/A Airport(AD) 0 du N/A 0.10 (AD zoning) 0 rooms/ N/A Commercial (COMM) 0 du N/A 0.15-0.50 (C I and C2 zoning) 0 rooms/ N/A Conservation (C) 0 du N/A 0.05 (CD zoning) 0 rooms/ N/A Education (E) 0 du N/A 0.30 (no directly coffesponding zoning) 0 rooms/spaces N/A Industrial (1) 1 du 2 du 0.25-0.60 and MI zoning) 0 rooms/ N/A Institutional (INS) 0 du N/A 0.25-0.40 (no directly conespondirig zoning) 3-15 rooms/ 6-24 rooms/spaces Mainland Native 0.01 du N/A 0.10 (MN zoning) 0 rooms/ N/A Military (MI) 6 du 12 du 0.30-0.50 (MF zoning) 10 rooms/spaces 20 rooms/spaces Mixed Use/Commercial (MC) 0.10-0.45 (SC, UC, DR, RV, MU and 1-6 du 2 -18 du (SC, UC, DR, RV, and MU MI zoning) 5-15 rooms/spaces 10-25 rooms/spaces zoning) 1 du (MI wring) 2 du (M l zoning) 0.30-0.60 (1VII zoning) Mixed Use/Commercial Fishing (MCF)w Approx. 3-8 du 12 du 0.25-0.40 (CFA, CFV(e), CFSD whin) 0 rooms/spaces 0 rooms/spaces Public Facilities (PF) 0 du N/A 0.10-0.30 no directly corresponding wnin) 0 rooms/ N/A Public Buildings/Grounds (PB) 0 du N/A 0.10-0.30 (no directl co ndin zoning) 0 rooms/ N/A Recreation (R) 0.25 du N/A 0.20 (PR zoning) 2 rooms/ N/A Residential Conservation (RC) 0-0.25 du N/A 0-0.10 (OS and NA zoning) 0 rooms) N/A Residential Low (RL) 0.25-0.50 du 5 du 0.20-025 (SS4, SR, and SR-L zoning) 0 rooms/ N/A Residential Medium (RM) approx. 0.5-8 du N/A 0 (IS zoning) (1 du/lot) N/A 0 rooms) Residential Hi (RH) approx. 3-16 du 12 du 0 (IS-D(e), e), and UIO zoning) (1-2 du/lot) 20 rooms/spaces 10 rooms/spaces Notes: (a) "N/A" means that maximum net density bonuses shall not be available. (b) The allocated densities for submerged lands, salt ponds, freshwater 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 writ per lot and the maximum net density bonuses shall not be available. (d) Maximum net density bonuses shall not be available to the SS district. (e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling wets per lot, respectively and the maximum net density bonuses shall not be available. (f) 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 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 ofAgriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly con esponding zoning may be incorporated into new or existing zoning 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 MI zoning district that are within the MC furime land use category. Working waterfront and water dependent uses, such as marina, fish house/mar14 boat repair, 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 032-2012) 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. L I. 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, 11, III and Tier 111-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 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 III -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 :1 (SEAL) ATTEST: AMY HEAVILIN, CLERK Zi DEPUTY LERK Mayor George Neugent C. r- _a ` � J MONRO /',0PfVED NTY,.(tTTORNEY A5 TO FOR Date: - " G37 Exhibit 2 to Staff Report April 22, 2013 Corresponding Proposed Amendment to Monroe County Code Establishing C1 and C2 districts: Chapter 130 - LAND USE DISTRICTS ARTICLE I. - IN GENERAL 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). (I1) 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 (C1). (27) Commercial 2 district (C2). (Code 1979, § 9.5-202; Ord No. 33-1986, § 9-102) ARTICLE IL - DISTRICT PURPOSES Sec. 130-51. - Purpose of the Commercial 1 district (C1). The purpose of the C 1 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. Exhibit 2 - Page 1 of 8 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. ARTICLE III. - PERMITTED AND CONDITIONAL USES 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 (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), (10) 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 -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 anv 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: Exhibit 2 - Page 2 of 8 a. An existing curb cut, b. A signalized intersection, or c. A curb cut that is separated from anv 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 any 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 (excluding institutional residential uses or any form of dwelling_jpjoj (5) Public buildings and uses, (6) 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 followinz 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 way of: a. An existing curb cut, b. A signalized intersection, or c. A curb cut that is separated from anv 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 Exhibit 2 - Page 3 of 8 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 maior conditional uses in the Commercial 2 district, subiect 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 anv 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 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, boating diving and sport 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 facilj 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 dayli hg t, and e. The use is fenced or otherwise secured from any entry by unauthorized persons, (6) New antenna -supporting structures, pursuant to section 146-5(1), and Exhibit 2 - Page 4 of 8 (7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter. ARTICLE V. - LAND USE INTENSITIES 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 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 Exhibit 2 - Page 5 of 8 Light industry 0.30 0.2G 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 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 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: Exhibit 2 - Page 6 of 8 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 10.20 Public buildings and uses 0.30 0.20 Exhibit 2 - Page 7 of 8 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 10.20 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 10.30 10.20 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. Exhibit 2 - Page 8 of 8 Exhibit 3 to Staff Report April 22, 2013 MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION NO. P11-13 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 TO INCLUDE THE COMMERCIAL 1 (Cl) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WITHIN THE FOLLOWING SECTIONS; SECTION 114-20 FENCES; SECTION 114-99 REQUIRED LANDSCAPING; SECTION 114- 126 DISTRICT BOUNDARY BUFFERS; SECTION 114-127 REQUIRED SCENIC CORRIDOR AND MAJOR STREET BUFFERS; SECTION 130-186 MINIMUM YARDS; SECTION 142-4 SIGNS REQUIRING A PERMIT AND SPECIFIC STANDARDS; CHAPTER 146, ENTITLED "WIRELESS COMMUNICATIONS FACILITIES," SECTION 146-3 APPLICABILITY, SECTION 146-4 USES BY LAND USE DISTRICT, AND SECTION 146-5 DEVELOPMENT STANDARDS; REFERENCING COMMERCIAL 1 (Cl) AND COMMERCIAL 2 (C2) LAND USE DISTRICTS WHERE APPROPRIATE. WHEREAS, the Planning & Environmental Resources Department is proposing an amendment to the Monroe County Code to include the Commercial 1 (CI) and Commercial 2 (C2) land use districts within sections of code where appropriate; 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 1. The Planning Commission by separate resolution has recommended adoption of a separate amendment to establish Commercial 1 (C 1) and Commercial 2 (C2) land use districts, their purpose, permitted and conditional uses, maximum land use intensities, and district open space; and 2. The proposed amendment is necessary to keep the Monroe County Code internally consistent if the amendment establishing the Cl and C2 land use districts is adopted; and 3. 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 (COMM) future land use category, corresponding Cl and C2 zoning categories, and establish the density and intensity standards; and 4. The proposed amendment is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 5. The proposed amendment is consistent with the provisions and intent of the Monroe County Code; and 6. 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. 7. This proposed amendment is to include the Cl and C2 land use districts in appropriate provisions of the Monroe County Code. NOW, THEREFORE, BE IT RESOLVED THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA: [Amendments are presented in stfikedwegh 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. 114-20. - Fences. It is the purpose of this section to regulate fences in order to protect the public health, safety and welfare. (1) Height. In general, all fences shall be measured from the finished elevation adjacent to the fence and shall not exceed six feet in height. a. For properties with access to U.S. 1 and to county designated arterial streets and for all nonresidential properties with access to any public street, no fence exceeding three feet shall be located within a clear sight triangle as defined in section 114-201 that interferes 2 with the safe and adequate view of vehicles and pedestrians utilizing streets and sidewalks; b. No fence exceeding three feet shall be located at the intersection of any two public streets within the clear sight triangle as defined in section 114-201 c. For residential properties on local streets, fences located within the clear sight triangle as defined in section 114-201 may exceed three feet in height if located on private property and placed a minimum of ten feet from the edge of pavement of the street, the sidewalk or the bike path, whichever is closer to the property. On unpaved streets, the distance shall be measured from the approximate edge of the cleared right-of-way. If the setback of existing fences on the street is greater than ten feet the fence shall be setback the same distance or to a maximum of 20 feet, whichever is less; d. No fence shall exceed four feet in height within any front yard setback or within any side yard setback that overlaps with a front yard setback, except as follows: 1. Within all land use districts, fences of five feet in height may be permitted if constructed of chain -link or other material that does not impair visibility; 2. Within the UC, C1, C2, SC, MU, I, MI, and AD Land Use (Zoning) Districts, and when permitted in a commercial fishing district around storage lots, fences may be constructed to a height of six feet, provided they are not located within clear sight triangles as defined in section 114-201 3. Within the IS, SR, SR-L, SS and NA Land Use (Zoning) Districts, fences may be constructed to a height of six feet, provided that no other residentially developed property is located within 200 feet of the subject property, provided they are not located within clear sight triangles as defined in section 114-201 4. On Stock Island and on Key Haven, fences may be constructed to a height of six feet, provided they are not located within clear sight triangles as defined in section 114-201. Developed single family residential lots may incorporate entry features of greater than six feet within the fences, provided all of the following design guidelines are met: i. The entry feature is defined as a continuous fence or gate, or combination thereof, located contiguous to and on both sides of the main access (driveway) to the property which is designed and intended to control and/or demarcate the access to the property. An "entry feature" includes all walls, buttresses, guy wires, integral signs and decorative features attached thereto up to a maximum width of 12 feet, or 15 percent of the lot width whichever is greater, a maximum height of ten feet, and four feet in depth or six percent of the lot depth whichever is greater as measured from the front property line; and ii. The entry feature shall not be located in any side yard setback; and iii. The entry feature shall be compatible with the existing development in the immediate vicinity, shall be in harmony with the general appearance and character of the community, and shall not be otherwise detrimental to the public welfare; and iv. The entry feature shall be designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent structures while affording the applicant a reasonable use of the land; and 3 vi. The entry feature shall require a building permit for its construction and in addition to the normal building permit application requirements, the application shall include a scaled site plan and elevations for the entry feature that shows the height, width and length of each element of the entry feature applied for, including any decorative or non-functional elements; and identification of the materials composing each element of the structure (e.g. wire, stone, chain -link, wood, etc.). e. When it is necessary to use a fence to contain athletic activity, the fence may be erected to a maximum of 12 feet in height, if it is designed to not impair visibility and in accordance with community character as determined by the planning director. f. When it is necessary to use a fence to contain a public use for safety and/or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry code, if it is designed in accordance with community character as determined by the planning director. Sec. 114-99. - Required landscaping. All off-street parking areas containing more than six spaces and located in one of the land use districts listed in this section shall be landscaped in accordance with the standards set out in section 114-100. Land Use District Landscape Standard Urban commercial C Urban residential C Suburban commercial A Suburban residential C Sparsely settled A Native area A Destination resort A Mixed use C Commercial 1 A Commercial 2 C Light industrial C Military facilities C Improved subdivision (commercial) A 4 Sec. 114-126. - District boundary buffers. (a) Bufferyards required by section 114-124 along district boundaries shall be provided in accordance with the following table: Land., 'DistrictUse District _MM®®©©®©o . . w000Awo©0000000aeoeve �00000000©0000©©©0000ae 00000a0000©0000000©ooee �000va0000©0000000©ooee ®AOA����AoaoAA000■aA■�■ ®ooAA�AAo®aoa0000�Aa■■■ �v000��v000000000aooeve �00000000©000©©©©oo©ova ®©©oo®®©0000©©0000©©ova moo©©Aa000va00000000ava ©oo©©aA000ev000000000ae �©©oo®®©0000©©0000©©ova ®000000000voo©©©©oo©ova • 0000aAoo©0000©©©oo©ove 0000000©©o©oo©©©oo©ove �o©00000©oo©©©eevavoava ®o©00000©oo©©©eevavoaae ®0000000000000eevevoeva �v000��v000000vaveoovee ©vo©©a�oo©00000000vavee ®0000aAo©©o©©©0000vavee �v000�Ae©©a000vavoveeva �0000AA0000000000000evo • aeve��vaevaevevaaooaoe (b) Where a district boundary runs along a canal, the following rules apply: (1) No buffer is required if the specified buffer is an A or B buffer. 5 (2) All other buffers shall be reduced as follows: CtoA D to B E to C F to D GtoA H to B Sec. 114-127. - Required scenic corridor and major street buffers. (a) Bufferyards required by section 114-124 shall be provided in accordance with the following table: Land Use District Major Street Buffer Scenic Corridor Urban commercial B D Urban residential D E Urban residential mobile home D D Urban residential mobile home -limited J D Commercial 1 C E Commercial 2 B D Suburban commercial C E Suburban residential E F Sparsely settled F F Native area F F Mainland native area F F Improved subdivisions D D Destination resort D F Commercial fishing E F Mixed use B F Light industry D F Maritime industries D F Military facilities C F Recreational vehicle E F Airport E F (b) Major streets are: U.S. 1, 905, 940 and Key Deer Boulevard. Additional major streets may be designated by the board of county commissioners pursuant to the provisions of chapter 102, article V. 11 See. 130-186. - Minimum yards. Except as provided in sections 114-20 and 130-187, no structure or land shall be developed, used or occupied except in accordance with the bulk regulations set out in the following table. Side yards indicated set forth the minimum single yard and the total side yards required. The first number is the minimum for any single side yard where only one side yard exists; where there are two side yards, the first number is the required side yard for one of the two side yards. The second number is the minimum combined total of both side yards (where there are two side yards). Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Urban commercial 15 10115 10 Urban residential: Attached residential 15 10115 10 Detached residential 15 10115 Urban residential mobile home: Lots less than 50 feet wide Detached residential 10 5110 10 Mobile homes 10 5110 10 Lots 50 feet wide or greater Detached residential 10 10115 10 Mobile homes 10 10115 10 Urban residential mobile home -limited 10* 10/20* 10* Commercial 1 25 10115 10 Commercial 2 15 10115 10 Suburban commercial: Hotel 25 10115 10 Other 25 10115 10 Suburban residential and suburban residential limited: Detached residential 25 10115 10 Attached residential — — — 7 Other 25 10/15 10 Sparsely settled: Detached residential 25 10/15 15 Attached residential 25 N/A 15 Other 25 10/15 10 Offshore 25 10/15 20 Native 25 10/15 20 Mainland native 25 10/15 20 Improved subdivisions 25 10/15 20 Destination resort 50 20/35 30 Commercial fishing (all districts): Detached residential 25 10/15 20 Attached residential 25 — 20 Other 25 10/15 20 Mixed use: Detached residential 25 10/15 20 Attached residential 25 N/A 20 Other 15 10/15 10 Light industry: 25 10/15 25 Maritime industry 25 10/15 25 Military area 25 5/20 20 Airport 200 200 200 Park and refuge 50 50 50 *Applies to new construction only. Sec. 142-4. - Signs requiring a permit and specific standards. Upon application for, and issuance of a building permit, except as indicated, the following signs shall be allowed. In order for a sign application to be approved, the applicant must grant access to the property for inspection purposes, for the life of the sign. 8 (3) Signs in commerciaUnonresidential areas. Sign allowances in commercial and other nonresidential areas (AD, C1, C2, CFA, CFSD, DR, I, MF, MI, MU, RV, SC, UC) shall be calculated based on the amount of property frontage and business frontage as follows: a. Ground -mounted single-tenant/occupant signs. Every developed parcel of land with a commercial or other nonresidential use shall be allowed the following ground -mounted signage: 1. One illuminated or non -illuminated, ground -mounted sign of a height not more than 24 feet shall be allowed for each frontage ac indir-p-d in the fnilncxrina tahla• Permitted Size of Nonresidential Signs per Property Frontage Street Frontage (Linear feet) Maximum Area Per Face (square feet) Total Face Area (square feet) Frontage on U.S. 1 or a frontage road adjacent to U.S. 1: 1 ft. to 150 ft. 75 sq. ft. 150 sq. ft. 151 ft. to 300 ft 100 sq. ft. 200 sq. ft. Over 301 ft. or more 200 sq. ft. 400 sq. ft. Frontage on county roads, shorelines or runways: 1 ft. to 150 ft. 40 sq. ft. 80 sq. ft. 151 ft. to 300 ft. 60 sq. ft. 120 sq. ft. Over 301 ft. or more 80 sq. ft. 160 sq. ft. Sec. 146-3. - Applicability. (a) Except as provided for in subsection (b) of this sectio n (9) Noncommercial amateur, ham radio, or citizen's band antenna -supporting structures with heights greater than 70 feet. (b) The following items are exempt from the provisions of this chapter, notwithstanding the provisions contained in chapter 6 (1) Amateur radio antennas as provided in F. S. § 125.561; (2) Satellite earth stations that are one meter or less in diameter and which are not greater than 35 feet above grade; (3) Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the following land use districts: C1, C2, I, MI, SC, and UC; (4) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; (5) The substitution or change of existing antennas or other equipment on an existing antenna -supporting structure, provided the substituted antennas or equipment do not diminish the structural capacity of the antenna -supporting structure, and provided such change does not increase the overall height of the structure; (6) Any existing or proposed antenna -supporting structure with an overall height of 70 feet or less above ground level; and (7) A wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity for the facility by the director of public safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency. Sec.146-4. - Uses by land use district. (a) Pursuant to chapter 130, article III, and except as provided in subsection (b) of this section, no wireless communications facility shall be permitted in a particular land use district except in accordance with the table below: Land Use District New Antenna Supporting Structure Replacement of Existing Antenna Supporting Structure Collocation Attached Facility Stealth Facility Satellite Earth Station AD Prohibited Minor As -of -right Minor Minor As -of -right C1 Major As-of-ri t As-of-ri t As -of -right As-of--ri t As-of-ri t C2 Major As -of -right As -of -right ALgEd t As -of -right As -of -right CD Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 CFA Major As -of -right As -of -right Minor Minor Minor3 CFS 1 Prohibited Prohibited As -of -right Prohibited Prohibited Minor3 CFS2 Major As -of -right As -of -right As -of -right Minor Minor CFV Prohibited Minor As -of -right Minor Minor Minor3 DR Major As -of -right As -of -right As -of -right As -of -right As -of -right lu I Minor As -of -right As -of -right As -of -right As -of -right As -of -right IS Prohibited Prohibited As -of -right Prohibited Major Minor MF Major As -of -right As -of -right As -of -right As -of -right As -of -right MI Minor As -of -right As -of -right As -of -right As -of -right As -of -right MN Prohibited Prohibited As -of -right Prohibited Prohibited Minor MU Major As -of -right As -of -right As -of -right As -of -right Minor NA Prohibited As -of -right As -of -right Minor Minor Minor3 OS Prohibited Prohibited As -of -right Prohibited Prohibited Minor PR Prohibited Minor As -of -right As -of -right Minor As -of -right RV Prohibited Minor As -of -right Minor Minor Minor SC Major As -of -right As -of -right As -of -right As -of -right As -of -right SR Prohibited Minor As -of -right Prohibited Minor Minor3 SR-L Prohibited Minor As -of -right Prohibited Minor Minor SS Prohibited Prohibited As -of -right Prohibited Minor Minor UC Major As -of -right As -of -right As -of -right As -of -right As -of -right UR Prohibited Minor As -of -right As -of -right Minor Minor3 URM Prohibited Minor As -of -right Prohibited Minor Minor URM-L Prohibited Minor As -of -right Prohibited Minor Minor 1 Includes the following commercial fishing special districts: 1, 2, 8, 12, 13, 16 and 20. Z Includes the following commercial fishing special districts: 4, 5, 6, 7 and 17. 3 Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as -of -right. (b) Within the following districts, new antenna -supporting structures may be permitted as a major conditional use, provided that the antenna -supporting structure is owned by the county and is used exclusively for nonproprietary public safety communications: CD, MN, OS, and PR. Sec. 146-5. - Development standards. These standards shall apply to the following types of wireless communications facilities: (2) Replacement of an existing antenna -supporting structure. a. Approval criteria for replacement antenna -supporting structures. For a proposed replacement antenna -supporting structure to be approved, it shall meet the same approval criteria of subsections (1)a.4., 5., 7-10., and 12. of this section, as well as the following: 11 1. Setbacks. (i) Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located pursuant to section 130-186 (ii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the IS, SR, UR or URM zones shall not be any closer to these zones than the foundation of the original antenna -supporting structure being replaced. (iii) Replacement antenna -supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the right-of- way of U.S. Highway 1 shall not be any closer to such right-of-way than the foundation of the original antenna -supporting structure being replaced. (iv) Replacement antenna -supporting structures and the associated ancillary structures shall meet the environmental design criteria related to wetland setbacks pursuant to section 118-7 to the maximum extent practicable. 2. Height. (i) Except as provided in subsection (2)a.2.(ii) of this section, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna - supporting structure it is replacing, whichever is less. (ii) In the following land use districts, replacement antenna -supporting structures shall not exceed the height requirements set forth in subsection (1)a.2. of this section, or the height of the antenna -supporting structure it is replacing, whichever is greater: C 1, C2, CFA, DR, I, MF, MI, MU, NA, SC, UC, and CFS districts 3, 4, 6, 7, and 17. 3. Construction. Subject to the height provisions of subsection (2)a.2. of this section: (i) Replacement antenna -supporting structures with an overall height of 199 feet or less shall have a monopole type construction; except that AM broadcast replacement facilities may be of the same construction type as the structure being replaced. (ii) Replacement antenna -supporting structures with an overall height of greater than 199 feet, may be of the same construction type as the structure being replaced. 4. Landscaping. Landscaping and/or screening in the form of at least a class D buffer as drawn in the class D bufferyard figure in section 114-128 shall be required around the development area to the maximum extent practicable. b. Submittal requirements for replacement antenna -supporting structure applications. For a proposed replacement antenna -supporting structure application to be considered complete pursuant to section 110-4, it shall contain the same submittal materials required in subsections (1)b.l-9., 11., 12., and 14. of this section. 12 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 Ron Miller, Commissioner PLANNING COMMISSIOP(OF MONROE C NTY, FLORIDA By __Z�/ Denise Werling, Chair Signed this_ day of Monroe County Planning Commission Attorney Date: 13 FILED WITH THE MAR 2 7 2013 AGENCY CLERIC