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Item W1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19.2002 Division: Growth Management Bulk Item: Yes No~ Department: Planning AGENDA ITEM WORDING: The fIrst of two public hearings on the proposed amendment to Section 9.5-242 Improved Subdivision Districts of the Land Development Regulations to permit public wastewater treatment facilities as a major conditional use. ITEM BACKGROUND: The Planning Department is proposing an amendment to Section 9.5-247 of the Monroe County Land Development Regulations. The amendment adds language to permit, as a major conditional use, the construction of wastewater treatment facilities and wastewater treatment collection systems intended to serve uses in the same and/or other land use districts. The affected land use district is Improved Subdivision Districts. Currently, wastewater treatment facilities are accessory uses and must serve a principal use located on the same parcel of land and in the same land use district. The new amendment permits wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district. In accordance with the Year 2010 Comprehensive Plan, a countywide Sanitary Wastewater Master Plan was developed and approved by the Board of County Commissioners (BOCC) in the year 2000. The Planning Department sponsored an amendment to the Land Development Regulations to facilitate implementation of the plan. Comments at public hearings on the proposed amendment resulted in the Board removing certain land use districts from the amendment. As a result, Improved Subdivision Districts were not included. Since that time, various conditions and assumptions have changed to the point where maximum flexibility in siting these facilities has resulted in the need to include this proposed amendment in Section 9.5-247 Commercial Fishing Special Districts. At the April 16, 2002 Public Meeting of the Development Review Committee, the DRC voted to approve the amendment to the LDR text as presented. At the regular Public Meeting of the Monroe County Planning Commission on April 23, 2002, the Commission, after review of the DRC staff report and discussion, approved the proposed text as presented. PREVIOUS RELEVANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: N/A COST TO COUNTY: None REVENUE PRODUCING: N/A AMOUNT PER MONTH_ Year APPROVED BY: County Atty X- Risk Management _ N/ A_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # 4J1 Revised 2/27/01 PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Marathon, Florida June 19, 2002 PROPOSED AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS This is an amendment to Section 9.5-242 Improved Subdivision Districts of the Monroe County Land Development Regulations to permit public wastewater treatment facilities as a major conditional use. Text Amendment Recommendations Staff: Approval April 14, 2002 April 16, 2002 May 8, 2002 Staff Report DRC: Approval Resolution #005-02 PC: Approval Resolution #P32-02 BOCC DRAFT ORDINANCE ORDINANCE NO. -2002 AN ORDINANCE AMENDING SECTION 9.5-242, MONROE COUNTY CODE; PROVIDING FOR WASTEWATER TREATMENT FACILITIES IN IMPROVED SUBDIVISION DISTRICTS; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND' PROVIDING FOR AN EFFECTIVE DATE . WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies six criteria for amending the land development regulations of which at least one must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment; and WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 4 W:\Planning\Working Folders\Gross-Fred\lS LDR Amendment 9.5-242(d)4\BOCC ORD .doc WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; and WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendment to the Monroe County Code submitted by the Monroe County Planning Department; and WHEREAS, the Monroe County Board of County Commissioners held the two required public hearings on June 19, 2002 and July 17,2002; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted and transmitted to the state land-planning agency for approval. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Section 1. Chapter 9.5, Section 242(d)["major conditional uses"], Monroe County Code, is hereby amended to include the following: (4) Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district provided that: a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by structure(s) designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in article VII, division 10, a planting bed, eight (8) feet in width, to be measured Page 2 of 4 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\BOCC ORO .doc perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every twenty-five (25) linear feet of screening structure; and one understory tree for every ten (10) linear feet of screening structure; and 2. The required trees shall be evenly distributed throughout the planting bed; and 3. The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity; and 4. A solid fence may be required upon determination by the Planning Director Section 2. 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. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. Section 6. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Page 3 of 4 W:\Planning\Working Folders\Gross-Fred\lS LOR Amendment 9.5-242(d)4\BOCC ORO .doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 4 of 4 W;\Planning\Working Folders\Gross-Fred\lS LOR Amendment 9.5-242(d)4\BOCC ORO .doc BOCC STAFF REPORT MEMORANDUM TO: The Board of County Commissioners FROM: Fred Gross, Director of Lower Keys Planning Team DATE: May 23,2002 RE: Proposed Amendment to Section 9.5-242 Improved Subdivision Districts of the Land Development Regulations to permit public wastewater treatment facilities as a major conditional use. ' MEETING DATE: June 19,2002 BACKGROUND: The Planning Department is proposing an amendment to Section 9.5-242 of the Monroe County Land Development Regulations. The amendment adds language to permit, as a major conditional use, the construction of wastewater treatment facilities and wastewater treatment collection systems intended to serve uses in the same and/or other land use districts. The affected land use districts are Improved Subdivision Districts. Currently, wastewater treatment facilities are accessory uses and must serve a principal use located on the same parcel of land and in the same land use district. The new amendment permits wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district. In accordance with the Year 2010 Comprehensive Plan, a countywide Sanitary Wastewater Master Plan was developed and approved by the Board of County Commissioners (BOCC) in the year 2000. The Planning Department sponsored an amendment to the Land Development Regulations to facilitate implementation of the plan. Comments at public hearings on the proposed amendment resulted in the Board removing certain land use districts from the amendment. As a result, Improved Subdivision Districts were not included. Since that time, various conditions and assumptions have changed to the point where maximum flexibility in siting these facilities has resulted in the need to include this proposed amendment in Section 9.5-242 Improved Subdivision District. At a public meeting on March 16th, 2002, the Monroe County Development Review Committee approved the proposed amendment. At a public meeting on May 8th, 2002, the Monroe County atter review of the staff report and testimony from staff, approved the proposed amendment. Page 1 of 4 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\BOCC Staff Report.doc ANAL YSIS: County requirements for changes to the land development regulations: Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5-511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met. The proposed wastewater treatment facilities amendments are supported by Item (i) which refers to changed projections upon which the original text was based such as public service needs. Wastewater treatment facilities have become a critical issue for the Florida Keys. The maximum flexibility for the location of these facilities is of utmost importance to Monroe County. The ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community. Furthermore, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land. Item (v), New Issues, of Section 9.5-511 further supports this text amendment. The current Land Development Regulations were written in 1986. At that time, the authors did not address the issue of wastewater treatment facilities and the concept of regional, or public, wastewater treatment facilities was not incorporated. In the year 2000, amendments to permit these facilities in various land use districts were approved. Today the need to expand siting alternatives has become a reality. Consistency with 2010 Comprehensive Plan The proposed text amendments are consistent with the Monroe County Year 2010 Comprehensive Plan. The proposed amendments seek to support written implementation of several policies in the Comprehensive Plan. Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan. Goal 901 is as follows: "Monroe County shall provide for adequate, economically sound collection, treatment and disposal of sewage which meets the needs of present and future residents while ensuring the protection of public health, and the maintenance and protection of ground, nearshore, and offshore water quality." Page 2 of 4 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\BOCC Staff Report.doc To accomplish this goal, Monroe County has put forth five major objectives and a total of 48 policies. Specifically, Objective 901.1 requires Monroe County to ensure that adequate sanitary wastewater treatment facilities are available to support any development concurrent with the impacts of such development. Furthermore, Policy 901.1.4 requires that all development permits for wastewater treatment facilities demonstrate compliance with applicable federal, state, and local permit regulations. The proposed amendment will facilitate meeting these Goals, Objectives and Policies by broadening the possible locations available to construct such facilities. III. PROPOSED REVISIONS: The proposed amendment to Section 9.5-242 of the Monroe County Land Development Regulations are as follows: Sec. 9.5-242 Improved Subdivision District. (d) The following uses are permitted as major conditional uses in the Improved Subdivision District, subject to the standards and procedures set forth in article III, division 3: (4) Wastewater treatment facilities and wastewater treatment collection system( s) servino (a) use(s) located in any land use district provided that: The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal. state, and local reauirements: and The wastewater treatment facility, wastewater treatment collection system(s); and accessory uses shall be screened by structure(s) desioned to: Be architecturally consistent with the character of the surroundino community: and Minimize the impact of any outdoor storaae, temporary or permanent: and (2) In addition to any district boundary buffers set forth in article VII. division 10, a plantino bed, eioht (8) feet in width. to be measured perpendicular to the exterior of the screenino structure shall be established with the followina: (i) One native canopy tree for every twenty-five (25) linear feet of screenina structure; and (ij) One understory tree for every ten (10) linear feet of screenino structure: and The reauired trees shall be evenly distributed throuohout the plantino bed: and Page 3 of 4 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\BOCC Staff Report.doc The plantinq bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity: and (iii) A solid fence may be required upon determination by the Planninq Director. * Underlined text is new IV. FINDINGS: Based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan. RECOMMENDATION: The Monroe County Planning Commission recommends to the Monroe County Board of County Commissioners APPROVAL of the proposed text amendment to Sections 9.5- · 242 of the Monroe County of the Land Development Regulations. Page 4 of 4 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\BOCC Staff Report.doc PC RESOLUTION MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P32-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-242 (IMPROVED SUBDIVISION DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT FACILITIES AS A MAJOR CONDITIONAL USE. WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5- 511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment. WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\IS LDR Amendment 9.5-242(d)4\PC Reso.doc WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Board of County Commissioners of the following amendment to the text of the Monroe ~ounty Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-242 Improved Subdivision District. (d) The following uses are permitted as major conditional uses in all Improved Subdivision Districts, subject to the standards and procedures set forth in article III, division 3: (4) Wastewater treatment facilities and wastewater treatment collection svstem(s) servinq (a) use(s) located in any land use district provided that: The wastewater treatment facilitv and wastewater treatment collection svstem( s) is (are) in compliance with all federal, state. and local requirements: and The wastewater treatment facilitv. wastewater treatment collection svstem(s): and accessory uses shall be screened bv structure(s) desioned to: Be architecturallv consistent with the character of the surroundinQ community: and Minimize the impact of any outdoor storaoe. temporary or permanent: and (2) In addition to any district boundary buffers set forth in article VII. division 10. a plantino bed. eioht (8) feet in width. to be measured perpendicular to the exterior of the screenino structure shall be established with the followino: (i) One native canopy tree for every twenty-five (25) linear feet of screeninq structure: and (ij) One understory tree for every ten (10) linear feet of screenino structure: and The required trees shall be evenlv distributed throuahout the plantinq bed: and The plantinq bed shall be installed as set forth in article VII. division 10 and maintained in perpetuity: and Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\IS LDR Amendment 9.5-242(d)4\PC Reso.doc (iii) A solid fence may be required upon determination bv the Planning Director PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 8th day of May, 2002. David C. Ritz, Chair Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By David C. Ritz, Chair Signed this day of May, 2002 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\PC Reso.doc YES YES YES YES YES r DRC RESOLUTION MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #005-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-242 (IMPROVED SUBDIVISION DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT FACILITIES AS A MAJOR CONDITIONAL USE. WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5- 511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment. WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\lS LOR Amendment 9.5-242(d)4\ORC Reso.doc WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendment to the text of the ~onroe County Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-242 Improved Subdivision District. 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" '.oW: PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 16th day of April, 2002. Fred Gross, Director, Lower Keys Planning Team (Chair) Ralph Gouldy, Environmental Resources Senior Administrator Ed McGee, Director, Upper Keys Planning Team Jeff Stuncard, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) , YES YES YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, DCR Chair Signed this day of April, 2002 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\IS LOR Amendment 9.5-242(d)4\ORC Reso.doc