Item T4
"
Board of County Commissioners
Agenda Item Summary
Meeting Date: July 15, 2003
Bulk Item: Yes C No 01
Division: Board of County Commissioners
Department: George R. Neugent
AGENDA ITEM WORDING:
Discussion _ to direct Growth Management, Tim McGarry, to establish through the
Livable CommuniKeys program an Ordinance/LDR/clause that would prohibit franchise
establishments within the defined boundaries of Big Pine Key and No Name Key.
ITEM BACKGROUND:
PREVIOUS RELEVANT BacC ArnON:
CONTRACT/AGREEMENT CHANGES:
STAfF RECOMMENDATIONS:
TOTAL COST:
COST TO COUNTY: $ \J f.
BUDGETED: YES C NO C
Source of Funds:
REVENUE PRODUCING: YES C NO C AMT PER MONTH: YEAR:
APPROVED BY: COUNlY AnY COMB/PURCHASING C RISK MANAGEMENT [] ~ A
APPROVAL: ~J~~EORcftNE~:n8- ~
DISTRICT II
DOCUMENTATION: INCLUDED ti TO FOLLOW C NOT REQUIRED C
DISPosmON:
AGENDA ITEM #
74
l-lH]T~~~'j' ~ ~ ~ D ri .!~ Ii'
I \ ~\.I ~--'-~-==-r\I.;'.;\
III I~ \ : .')nn? I'! ';'
ORDINANCE NO. 02-02 ~ Lf }J\ ci JAN 2 5~J@P02 I ',.
AN ORDINANCE OF ISLAMORADA, VILLAGE ~F1 L ~-- - J
ISLANDS, FLOIUDA, ESTABLISHING DIVISION r~ . . ,- --.------
"FORMULA RETAIL ESTABLISHMENTS" OF ARTIC~'H-'-'-_H-"-------
6, CHAPTER 9,5 OF THE VILLAGE CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL CODE PROVISIONS AND ORDINANCES
INCONSISTENT WITH THIS ORDINANCE; PROVIDING
FOR INCLUSION IN THE VILLAGE CODE; PROVIDING
FOR THE TRANSMITTAL OF THIS ORDINANCE TO
THE STATE DEPARTMENT OF COMMUNITY AFFAIRS;
AND PROVIDING FOR AN EFFECTIVE DATE UPON
APPROV AL OF TillS ORDINANCE BY THE ST ATE
DEPARTMENT OF COMMUNITY AFFAIRS.
lV\ yJt9ct~
~~~ Ji~~/6CA
WHEREAS, the Village was created in large part to allow the planning for the orderly
development of an islands community known far and wide for its unique atmosphere and
unusual natural environment and to insure compliance with such plamling so that these unique
and natural characteristics of the community shall be preserved; and
WHEREAS, the Village's unique community character, consisting of small scale uses,
'.v,Her-oriented activities, a nationally significant natural environment, quiet shorelines and
passive relaxation opportunities, and supported by the Comprehensive Plan, and the Land
Development Regulations, is not only important for its own sake, but is also in a sense the
\'i1luge's stock in trade; and
WHEREAS, the Village has adopted a Comprehensive Plan which reflects the public's
dl'sires to remain a small town community, remain unique through a development pattern
\vhich renects the predominance of natural conditions and characteristics over human
intrusions, and avoid excessive "auto-urban" development influences; and
hHIl1u]a retail second reading 1-3-02
C:.h~~e.. Cb.1t 3 \ ~ s \ 0 ).
-to ~p.,w ~'::\ . '3 h 3/ o.~
(f~ ~ 'j/:w-)O/~
\VHEREAS, the same characteristics which make the Village unique and desirable as a
place in which to live and which to visit place it in danger of losing its uniqueness and
desirability; and
\VHEREAS, one of the threats to the Village's unIqueness and natural relaxed
~llm()sphere is the potential proliferation of "formula" restaurants and retail establishments; and
WHEREAS, such types of establishments diminish the unique character of the Village
by offering standardization of architecture, interior design and decor, uniforms and the like;
amI
. .
WHEREAS, fast-food formula restaurants diminish the relaxed and serene pace of the
Village by service of fast food; and
\
WHEREAS, such types of fast-food formula restaurants are more likely to increase the
Ira ffic congestion on the already overcrowded streets and increase litter, garbage and rubbish
uffsite; and
WHEREAS, the Village desires to adopt an Ordinance to implement the goals,
()bjectives and limitations of the Comprehensive Plan; and
WHEREAS, the Village Planning Commission, sitting lTI its capacity as the Local
Plarrning Agency, has reviewed this ordinance in accordance with the requirements of Chapter
ill'. Florida Statutes, and
\VHEREAS, the provIsIOns of this ordinance are consistent with the Village
('uIllprehensive Plan and the principles for guiding development in the Florida Keys Area of
,'rltical State Concern.
NOW, THEREFORE, BE IT ORDAINED BY ISLAMORADA, VILLAGE OF
ISLANDS COUNCIL, FLORIDA, AS FOLLOWS:
Furmula Retail Second Reading 1-3-02 2
Section 1,
Formula Retail Establishments. Division 6.4, "Formula Retail
Establishments," of Article 6, "Specific Use Regulations" of Chapter 9.5 "Land Development
Regulations" of the Village Code is hereby created to read as follows:
Division 6.4 Formula Retail Establishments
Section 6.4. I. Definitions. Throughout this Division, the following words and phrases shall
have the meanings indicated:
(a) Restaurant, general. An eating place which prepares and sells food which is
ordered from a menu, and served by a waiter or waitress, or selected in a cafeteria or from a
buffet with food, and primarily consumed on the premises, and which contaIns permanent
seating facilities and counters and tables, adequate to accommodate the customers served. Not
a fast food restaurant, which is separately defined.
(b) Fast food restaurant. An eating place primarily engaged in the sale of pre-
prepared or quickly prepared food and beverages usually in disposable containers and
wrappers, selected by patrons from a limited line of specialized items such as hamburgers,
chicken, pizza, tacos, hotdogs, ice cream or yogurt, for example, for consumption either on or
011 premises, in a facility in which a major portion of the sales to patrons is at a stand-up type
counter.
(c) Eating place. Any business primarily engaged in the on-site preparation and sale
of food and beverages for consumption either on or off premises, except that grocery stores
and vending machines are not classified as eating places.
(d) Formula restaurant. An eating place that is one of a chain or group of three (3)
or more existing establishments and which satisfies at least two of the following three
descriptions.
Formula Retail Second Reading 1-3-02 3
(1) has the same or similar name, tradename, or trademark as others in the
chain or group;
(2) offers any of the following characteristics in a style which is distinctive
to and standardized among the chain or group-T~
J. exterior design or architecture;
11. uniforms, except that a personal identification or simple logo will
not render the clothing a uniform; or
Ill. has a standardized menu; or
(3) is a fast food restaurant.
(e) Formula Retail. A type of retail sales activity of retail sales establishment (other
than a "formula restaurant") that is required by contractual or other arrangement to maintain
any of the following: standardized array of services or merchandise, trademark, logo, service
mark, symbol, decor, architecture, layout, uniform, or similar standardized feature. This shall
not include establishments providing professional services, such as real estate offices, banks or
saving and loan establishments, income tax preparation or accounting offices, or the like. This
shall also not include a cooperative buying group unless the establishment maintains the
standardized features described above.
Section 6.4.2. Regulation of Drive-In and Drive-Through Facilities. Any drive-in or
chive-through facility for the purpose of retail sales shall be approved only as a major
conditional use in conjunction with a permitted, or approved conditional commercial use,
except that drive-through or drive-in lanes with carry-out service windows shall not be
permitted in or at any eating place, restaurant, food service operation, or beverage or liquor
store.
Formula Retail Second Reading 1-3-02 4
j
Section 6.4.3. Formula Restaurants Prohibited. Formula restaurants shall not be
permitted in any zoning district of the Village.
Section 6.4.4. Formula Retail Regulations. A formula retail establishment shall be
approved only as a major conditional use and shall also be subject to the following criteria:
(a) Shall not have a street level business frontage of greater than fifty (SO) linear
feet on any street; and
(b) Shall not exceed two thousand (2,000) square feet of floor area.
Section 2.
Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason
be held to be invalid or unconstitutional, such decision shall not affect the validity of the
~ "
.
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in
effect, it being the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
Section 3.
Repeal of Conflicting Provisions. The provisions of tbe Village Code
,mu all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 4.
Inclusion in the Code. It is the intention of the Village Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Islamorada, Village of Islands, Florida, that the sections of the Ordinance may be
renumbered or relettered to accomplish to such intentions, and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
Section 5.
Approval by the State Department of Conununity Affairs. The
pruvisions of this Ordinance constitute a "land development regulation" as State law defines
Formula Retail Second Reading 1-3-02 5
that term. Accordingly, the Village Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and
(11), Florida Statutes.
Section 6.
Effective Date. This Ordinance shall be effective immediately upon
approval by tbe State Department of Community Affairs pursuant to Chapter 380, Florida
Statutes.
The foregoing Ordinance was offered by Vice Mayor Levy, who moved its adoption on
first reading. This motion was seconded by Councilmember Gregg, and upon being put to a
vote, the vote was as follows:
Mayor Frank R. Kulisky YES
Vice Mayor Ron Levy YES
Councilman George Geisler YES
Councilman James V. Mooney YES
Councilman Mark Gregg YES
The foregoing Ordinance was offered by Councilmember Gregg, who moved for its
adoption. This motion was seconded by Vice Mayor Levy, and upon being put to a vote, the
vote was as follows:
Mayor Frank R. Kulisky
V ice Mayor Ron Levy
Councilman George Geisler
Councilman J ames V. Mooney
Councilman Mark Gregg
YES
YES
YES
ABSENT
YES
PASSED on fIrst reading this 20th day of December, 2001.
PASSED AND ADOPTED on second reading this 10th day of January, 2002.
Formula Retail Second Reading 1-3-02 6