Item H05 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Growth Management
Bulk Item: Yes X No Department: Planning& Environmental Resources
Staff Contact Person/Phone#: Christine Hurley—289-2500
AGENDA ITEM WORDING: Approval of correction of a drafting error contained within the text of Ordinance
#003-2013,concerning off-street parking requirements.
ITEM BACKGROUND: On January 16, 2013, the BOCC considered and approved Ordinance #003-2013 amending
the County's off-street parking requirements. As provided on the agenda item summary dated January 16, 2013, and the
staff report dated December 19,2012,the purposes of the amendment were to:
• Revise the mobile home park parking standard to be consistent with the multi-family residential parking standard.
[mobile home parks: 2.0 spaces per each mobile home]
• Revise the eating and drinking establishments parking standard to base the required amount of parking on seating
rather than floor area [For areas devoted to food/beverage service, 1.0 space per 3 seats or 3.0 spaces per 1,000 sq. ft.
of nonresidential floor area, whichever total amount is higher; For other areas, 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area within the building separate from the seating area and devoted to activities other than
food/beverage service (including, but not limited to, kitchen, office, retail sales not related to food or beverage and
storage)]
• Establish a standard for gasoline/service stations. [4.0 spaces per 1,000 sq. ft. of no
floor area within the
building and 1.0 space per each fueling station(such space may also serve as the space for the vehicle in which a fuel
pump serves)]
• Revise ambiguous language used throughout the subsection.
Inadvertently, the draft of Ordinance #003-2013 included a change to the single-family parking standard, changing the
requirement from "2.0 spaces per dwelling unit or mobile home" to "2.0 spaces per each 1-bedroom dwelling unit; 2.0
spaces per each 2-bedroom dwelling unit; and 3.0 spaces per each 3 or more bedroom dwelling unit." The staff report and
agenda item summary provided to the BOCC were correct and did not recommend any changes to the single-family
parking standard. However,the draft ordinance provided to the Mayor for signature was not the correct version, it was a
previous version presented to the planning commission. Following the planning commission public hearing and upon
further review, staff decided it would not be appropriate to modify the single-family parking standard and removed the
recommended change from the ordinance presented and considered by the BOCC.
Pursuant to MCC Section 102-158(e),Typographical or drafting errors,amendments to the text to correct typographical or
drafting errors may be adopted by the [BOCC] without posted notice or public hearing at any regular meeting. As long as
the county is within an area of critical state concern, notice of such amendments shall be transmitted to the Florida
Department of[Economic Opportunity]within 30 days.
Staff has prepared a corrected ordinance. For reference, the January 16, 2013 agenda item summary, December 19, 2012
staff report,and Ordinance#003-2013 are also attached.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Ordinance#003-2013 on January 16, 2013.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
1.
2
3 rr
4
5
6
7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2013
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 114-67(C), REQUIRED OFF-STREET PARKING,
14 TO REVISE THE MINIMUM REQUIRED NUMBER OF
15 PARKING SPACES FOR SINGLE-FAMILY DWELLING UNITS,
16 MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS
17 (RESTAURANTS), AND GASOLINE/SERVICE STATIONS;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
19 OF CONFLICTING PROVISIONS; PROVIDING FOR
20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
21 AND THE SECRETARY OF STATE; PROVIDING FOR
22 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
23
24 WHEREAS, the purposes of the proposed amendment are to revise the mobile home parking
25 standards to be consistent with recently approved changes to the multi-family residential parking
26 standard; to revise the regulations concerning eating and drinking establishments to base the
27 required amount of parking on seating rather than floor area; to establish a parking standard for
28 gasoline/service stations; and to revise ambiguous and inconsistent language used throughout the
29 subsection; and
30
31 WHEREAS,during a regularly scheduled meeting held on August 28, 2012,the Monroe County
32 Development Review Committee reviewed the ordinance and recommended approval to the
33 Board of County Commissioners; and
34
35 WHEREAS, during a regularly scheduled public hearing held on November 14, 2012, the
36 Monroe County Planning Commission reviewed the ordinance and recommended approval to the
37 Board of County Commissioners.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
40 COUNTY COMMISSIONERS:
41
42 Section 1. The Monroe County Code shall be amended as follows (deletions are stfieken dffe
43 and additions are underlined):
44
45 Sec. 114-67.Required off-street parking.
46
Page 1 of 5
1
2
3 (c) Required number of off-street parking spaces. The following is the number of parking
4 spaces to be provided for each use:
Specific Use Category Minimum Required Number of Parking Spaces Per
Indicated Unit of Measure
Single-family dwelling units, 2.0 spaces per dwelling unit or mobile home
including mobile homes on individual
lots or parcels
Multifamily residential developments , and 3
2.0 spaces per each 1-bedroom dwelling unit, 2.0
Maces per each 2-bedroom dwelling unit, and 3.0
spaces per each 3 or more bedroom dwelling unit
Mobile home parks 2.0 spaces per each mobile
home
Commercial retail except as 3.0 spaces per 1,000 sq. ft. of nonresidential floor area
otherwise specified bele in this (m:fe) ef building within the building and 1.5 spaces
table per 1,000 sq. ft. of nefffesidenfial flee area devoted
to outdoor retail sales and display are
Eating and drinking establishments, 14.0 spaees per 1,000
such as restaurants and bars1,000 sq. ft. of unenelese .
area For areas devoted to food/beverage service, 1.0
space per 3 seats or 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area, whichever is total amount is
higher.
For other areas, 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area within the building_separate
from the seating area and devoted to activities other
than food/beverage service (including,but not limited
to,kitchen, office, retail sales not related to food or
beverage and storage).
Convenience stores/markets 4.0 spaces per 1,000 sq. ft. of(nFfa).nonresidential
floor area within the building
Gasoline/service stations 4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building and 1.0 space per each fueling
station(such space may also serve as the space for the
vehicle in which a fuel pump serves)
Commercial recreation(indoor), 5.0 spaces per 1,000 sq. ft. of(m�fa) nonresidential
excluding theaters, conference floor area within building
centers and activity centers
Page 2 of 5
Commercial recreation(outdoor) 5.0 spaces per 1,000 sq. ft. of the parcel that is
directly devoted to the outdoor recreational activity,
excluding areas used for parking and driveways,
required yards and required landscaping and buffer
areas
Theaters, conference centers, or 1.0 space per 3.0 actual seats or based on seating
activity centers capacity
Offices 3.0 spaces per 1,000 sq. ft. of(nrfa) nonresidential
floor area within the building
Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of(m* nonresidential
floor area within the building
RV parks 1.0 space per beach RV space
Hotels/destination resorts
1.0 space per each 1-bedroom transient dwelling unit
and 1.0 space plus 0.5 space for each additional
bedroom per each 2 or more bedroom transient
dwelling unit
Industrial uses, excluding mini- 2.0 spaces per 1,000 sq. ft. of nonresidential floor area
warehouses/self-storaize centers; within building
repair and or servicing of vehicles;
and warehousing
Mini-warehouses/self-storage center 3.0 spaces for the office use plus a parking aisle of 10
feet in width adjacent the storage unit access doors if
outside access to the storage units is provided
hndustFial uses; eNeluding r-ep—eir-and- 2.0 spaees per- 1,000 sq. & of(nrfa)
Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per
1000 sq. ft. of(m*nonresidential floor area within
building, whichever is greater, the service/repair bays
shall not be counted as parking spaces
Warehousing 1.0 space per 1,000 sq. ft. )nonresidential floor
area within the building
Hospitals 1.8 spaces per bed
Churches 0.3 space per seat and/or 0.3 space per 24 inches for
pews
Live-aboard 1.5 spaces per berth
Marinas and commercial fishing 1.0 space per berth plus one space per four dry storage
facilities racks
Charter/guide boats, six or fewer 2.0 spaces per berth
passengers capacity
Page 3 of 5
Party and charter/guide boats, more 0.3 space per passenger capacity of vessel
than six passengers capacity
Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of
14 feet by 55 feet,to accommodate trailers and
oversized vehicles
1
2
3
4 Section 2. Severability.
5
6 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
7 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
8 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
9 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
10 involved in the controversy in which such judgment or decree shall be rendered.
11
12 Section 3. Conflicting Provisions.
13
14 In the case of direct conflict between any provision of this ordinance and a portion or provision
15 of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
16 apply.
17
18 Section 4. Transmittal.
19
20 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
21 380.05 (11) and F.S. 380.0552(9).
22
23 Section 5. Filing.
24
25 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
26 become effective until a notice is issued by the Florida State Land Planning Agency or
27 Administration Commission approving the ordinance.
28
29 Section 6. Inclusion in the Monroe County Code.
30
31 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
32 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
33 appropriately renumbered to conform to the uniform marking system of the Code.
34
35 Section 7. Effective Date.
36
37 This ordinance shall become effective as provided by law and stated above. This ordinance
38 applies to any applicable application submitted after the effective date.
39
40
Page 4 of 5
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
2 at a regular meeting held on the day of , 2013.
3
4 Mayor George Neugent
5 Mayor Pro Tem Heather Carruthers
6 Commissioner Danny Kolhage
7 Commissioner Sylvia Murphy
8 Commissioner David Rice
9
10
11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
12
13 Attest: Amy Heavilin, Clerk
14
15
16 By By
17 Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORNEY
'ROVED O FORM:
STEVEN T. WILLIAMS
ASSISTANT OU '"C1r ATTORNEY
Date
Page 5 of 5
r
MONROE COUNTY,FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO.003 -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 114-67(C), REQUIRED OFF-STREET PARKING,
TO REVISE THE MINIMUM REQUIRED NUMBER OF
PARING SPACES FOR SINGLE-FAMMY DWELLING UNITS,
MOBILE HOMES, EATING AND DRINKING ESTABLISHMENTS
(RESTAURANTS), AND GASOLINE/SERVICE STATIONS;
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 purposes of the proposed amendment are a) to revise the regulations
concerning the single-family residential dwelling unit and mobile home parking standards to be
consistent with recently approved changes to the multi-family residential parking standard, b) to
revise the regulations concerning eating and drinking establishments to base the required amount
of parking on seating rather than floor area; c)to establish a parking standard for gasoline/service
stations; and d) to revise ambiguous and inconsistent language used throughout the subsection;
and
WHEREAS,during a regularly scheduled meeting held on August 28, 2012,the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on November 14, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Monroe County Code shall be amended as follows:
Page 1 of 5
T
Sec. 114-67.Required off-street parking.
(c) Required number of off-street parking spaces. The following is the number of parking
spaces to be provided for each use:
Specific Use Category Minimum Required Number of Parking Spaces Per
Indicated Unit of Measure
Single-family dwelling units, 2.0 spaces per each 1-bedroom dwelling unit; 2.0
including mobile homes on spaces per each 2-bedroom dwelling unit; and 3.0
individual lots or parcels spaces per each 3 or more bedroom dwelling unit
Multifamily residential 2.0 spaces per each 1-bedroom dwelling unit; 2.0
developments spaces per each 2-bedroom dwelling unit; and 3.0
spaces per each 3 or more bedroom dwelling unit
Mobile home parks 2.0 spaces per each mobile home
Commercial retail except as 3.0 spaces per 1,000 sq. ft. of nonresidential floor area
otherwise specified in this table within the building and 1.5 spaces per 1,000 sq. ft. of
area devoted to outdoor retail sales
Eating and drinking establishments, For areas devoted to food/beverage service, 1.0 space
such as restaurants and bars per 3 seats or 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area, whichever total amount is
higher.
For other areas, 3.0 spaces per 1,000 sq. ft. of
nonresidential floor area within the building separate
from the seating area and devoted to activities other
than food/beverage service(including,but not limited
to,kitchen,office,retail sales not related to food or
beverage, and enclosed storage areas).
Convenience stores/markets 4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building
Gasoline/service stations 4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building and 1.0 space per each fueling
station(such space may also serve as the space for the
vehicle in which a fuel pump serves)
Commercial recreation(indoor), 5.0 spaces per 1,000 sq. ft. of nonresidential floor area
excluding theaters, conference within building
centers and activity centers
Commercial recreation(outdoor) 5.0 spaces per 1,000 sq. ft. of the parcel that is directly
devoted to the outdoor recreational activity, excluding
areas used for parking and driveways, required yards
and required landscaping and buffer areas
Page 2 of 5
Theaters, conference centers, or 1.0 space per 3.0 actual seats or based on seating
activity centers capacity
Offices 3.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building
Medical and dental clinics 4.0 spaces per 1,000 sq. ft. of nonresidential floor area
within the building
RV parks 1.0 space per each RV space
Hotels/destination resorts 1.0 space per each 1-bedroom transient dwelling unit
and 1.0 space plus 0.5 space for each additional
bedroom per each 2 or more bedroom transient
dwelling unit
Industrial uses; excluding mini- 2.0 spaces per 1,000 sq. ft. of nonresidential floor area
warehouses/self-storage centers; within building
repair and or servicing of vehicles;
and warehousing
Mini-warehouses/self-storage center 3.0 spaces for the office use plus a parking aisle of 10
feet in width adjacent the storage unit access doors if
outside access to the storage units is provided
Repair and or servicing of vehicles 3.0 spaces per service/repair bay or 3.0 spaces per 1000
sq.ft. of nonresidential floor area within building,
whichever is greater,the service/repair bays shall not
be counted as parking spaces
Warehousing 1.0 space per 1,000 sq. ft. nonresidential floor area
within the building
Hospitals 1.8 spaces per bed
Churches 0.3 space per seat and/or 0.3 space per 24 inches for
pews
Live-aboard 1.5 spaces per berth
Marinas and commercial fishing 1.0 space per berth plus one space per four dry storage
facilities racks
Charter/guide boats, six or fewer 2.0 spaces per berth
passengers capacity
Party and charter/guide boats,more 0.3 space per passenger capacity of vessel
than six passengers capacity
Boat ramps 6.0 spaces per ramp; all spaces shall be a minimum of
14 feet by 55 feet,to accommodate trailers and
oversized vehicles
Page 3 of 5
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.
390.05 (11)and F.S. 390.0552(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.
Section 6. Inclusion in the Monroe County Code
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 4 of 5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida
at a regular meeting held on the LSth day of January ,2013.
Mayor George Neugent yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage yes
Commissioner Sylvia Murphy Yes
Commissioner David Rice yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By
Mayor George Neugent
Attest: Amy Heavilin, Clerk
By
Deputy'Clerk
MONR C UNTY AT ORNEY
P 0 D As TO MORM
Date:
N �
� O
rn
o `)o
w �
J �
Page 5 of 5