Item R1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October IS. 2006
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning
Staff Contact Person: Aref Joulani/Jose Papa
AGENDA ITEM WORDING:
An ordinance to create a definition for boat barns under Section 9.5-4, to exempt boat barns from floor area
calculations and NROGO under section 9.5-124, 95-124.2, and 9.5-124.3 and amending the setback and bufferyard
requirements for developments which include a boat barn, providing for severability, providing for conflict, and
providing for an effective date.
[only one required Public Hearingl
ITEM BACKGROUND:
At the direction of the Board of County Commissioners, smffhas prepared a text amendment that exempts boat barns
and boat storage racks from floor area calculations and NROGO. Staff proposes under this text amendment that
under the definition of floor area, boat barns and boat racks not associated with retail sales of boats and are less than
50% of the net buildable area of a lot/parcel, will be excluded from floor area calculations and NROGO. The text
amendment further clarifies that boat barns or strorage racks exempt from NROGO will not have transferable floor
area.
This item was reviewed by the Development Review Committee on July 11, 2006. This item was reviewed by the
Planning Commission on July 26, 2006 and Scptember 13, 2006. At their meeting, the Planning Commission
recommended approval of the proposed text amendments.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N! A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty X
OMB/Purchasing
Risk Managernent~ _
DOCUMENTATION:
Included X
Not Required ~~
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-124,
TO CREATE A DEFINITION FOR BOAT BARN,
AMENDING SECTIONS 9.5-124.2 TYPE OF
DEVELOPMENT AFFECTED; SECTION 9.5-124.3 TYPE OF
DEVELOPMENT NOT AFFECTED; AND AMENDING THE
SETBACK AND BUFFERY ARD REQUIREMENTS FOR
MARINAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
'WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. The current land development regulations do not provide a definition for boat barns.
2. The existing definition for non-residential floor area requires the allocation of Non-
residential Rate of Growth Ordinance (NROGO) floor area for boat storage facilities.
3. The present Land Development Regulations (LDRs) do not allow the allocation of
more than 2,500 square feet of floor area per applicant per allocation period.
4. Boat storage facilities, to include the new definition of "boat bams" typically far
exceed 2,500 square feet in size due to the nature of their function and design.
5. In order to properly and rationally regulate boat storage facilities it is necessary to
define "boat bams" and provide for their separate regulations.
6. Federal and State law grants power to Monroe County to regulate and restrict the use
of land and buildings in order to promote the safety and general welfare of its
CItIzens.
7. Monroe County has adopted land use goals, policies, and objectives in a
comprehensive plan to guide policy on building and land use regulations, and to
promote health, safety, and general welfare.
8. The provisions of this ordinance are consistent with the Monroe County
Comprehensive Plan and the Principles for Guiding Development in the Florida Keys
Area of Critical State Concern.
9. Section 9.5-511, of the Monroe County Code, delineates the mechanism to amend the
Monroe County Code via a "text amendment",
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10. The Development Review Committee held a publicly advertised meeting on July 1 1,
2006.
1 1. The Monroe County Planning Commission held a duly advertised public hearing on
July 26,2006, and September 13, 2006 and recommended that the BOCC approve the
text amendment.
NO\V, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
PROPOSED TEXT CHANGES are presented in strikethrough to indicate deletions and
underline to indicate additions.
Section l. ~9.5-4 (Definitions) of the Monroe County Code will be amended to
include a definition for boat barn as follows:
(B~6.1) Boat Barn.' A structure enclosing and/or covering boat storage racks with a roof
and one or more sides and used for the storage of vessels and associated equipment not
associated with retail sales of boats. Boat bams within marinas may be considered as the
principal building or structure, but the marina remains the principal use.
Section 2. ~ 9.5-124. Non-residential rate of growth ordinance (NROGO) will be
amended as follows:
(b) Definitions: The words and phrases used in this section shall have the meanings
prescribed in this chapter, except as otherwise indicated as follows:
Non-residential floor area means the sum of the gross floor area for a non-residential
building or structure as defined in section 9.5-4, any areas used for the provision of food
and beverage services and seating whether covered or uncovered, and all covered,
unenclosed areas. Walkways, stairways, entryways, parking, loading areas are not
considered floor area. Additionally, boat barns. covered, and unenclosed boat racks with
three or fewer sides not associated with retail sales of boats, which do not exceed 50% of
the net buildable area of the lot/parcel are not considered nonresidential floor area. Non-
residential floor area is not space occupied by transient residential and institutional
residential principal uses.
Section 3. ~ 9.5-124.2. Type of development affected (by NROGO) will be amended
as follows:
(e) That portion of uncovered, unenclosed boat racks or boat barns' floor area not
associated with retail sales of boats, which exceed 50% of any site's net buildable area is
governed by NROGO.
Section 4. ~ 9.5-124.3. Type of development not affected (by NROGO) will be
amended as follows:
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(9.1) That portion of uncovered, unenclosed boat racks or boat barns' floor area not
associated with retail sales of boats, which do not exceed 50% of any site's net buildable
area is not governed by NROGO.
(10) Transfer off-site of existing non-residential floor area: The demolition and transfer
off-site of non-residential floor area from a sender site and the development of the
transferred non-residential floor area on a receiver site in accordance with the following
procedures and criteria:
a. Eligibility of sender floor area: Only non-residential floor area within an enclosed
structure, as defined in section 9.5-4(F-9), not including uncovered areas designated for
food and beverage services and seating shall be eiigible for transfer. Non-residential
floor area shall meet all of the following criteria:
i. Be lawfully established floor area or have received an NROGO allocation o~ transfer of
floor area after September 19, 2001.
Section 5. The Monroe County Code ~9.5-232(c)(4}~ ~9.5-233(c)(1)~, ~9.5-
234(c)(1)!, ~9.5-235(c}(5}~, , ~9.5-249(c)(1)!!, ~9.5-250(c)(2)!!, ~9.5-25] (c)(l),~ will be
amended to include the bufferyard requirement for marinas as follows:
Each non waterside perimeter setback of the parcel proposed for development must have
a Class C bufferyard within a minimum side yard setback often (0) feet.
Section 6. The bufferyard requirement listed under ~9.5-236(c)(3)f, ~9.5-238(c)(2)f,
~9.5-239( c) (2}f, ~9.5-243( c)(l )f, ~9.5-244( c)(2)e, ~9.5-245(t)(1 )e, ~9.5-24 7(g)(2)e, ~9.5-
247(r)(3)(a)v, ~9.5-247(t)(1)e, ~9.5-248(c)(4)d, of the Monroe County Code will be
amended as follows:
f. The parcel proposed for development is separated from uny established residential use
by n class C buffer yard.
f. Each non waterside perimeter setback of the parcel proposed for development must
have a Class C bufferyard within a minimum side yard setback often (10) feet.
Section 7. Severabilitv.
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 8. Repeal of Contlictine Provisions.
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The provisions of the Monroe County code and all ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 9. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving ordinance pursuant to Chapter 380,
Florida Statutes.
Section 10. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform to the uniform numbering system of the
Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Mario DiGennaro
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny McCoy"
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
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MEMORANDUM
MONROE COUNTY PLANNING DEP ARTMENT
We strive to be friendlv. professional and fair
TO:
Board of County Commissioners
THRU:
Aref Joulani, Director, Planning and Environmental Resources Dept.
Jose Papa, AICP, Comprehensive Planning Manager
Boat Barn/Boat Rack Storage, Text Amendment
FROM:
RE:
DATE:
September 18, 2006
MEETING DATE: October 18, 2006
L BACKGROUND:
At their January 2006 meeting, the Board of County Commissioners directed staff to
prepare a text amendment that would exempt boat barns from Non-residential Rate of
Growth Ordinance (NROGO) requirements and floor area calculations.
At their July 26, 2006 and September 13, 2006 meeting, thc Planning Commission,
directed staff to consider and analyze additional changes to the proposed text
amendment. Specifically, the Planning Commission directed staff to re-examine the
bufferyard requirements for marinas, to consider the floor area NROGO exemptions
for boat bams outside of marinas, and to include design guidelines for boat barns.
Staff addressed the Planning Commission's comments by amending the proposed text
amendment as follows:
1. The proposed bufferyard requirement for marinas has been changed to be
consistent with the proposed setback requirements. Since the minimmn setback
requirement for marinas is 10 feet, staff is recommending a Class C bufferyard
which has a minimum width requirement of 10 feet.
2. Staff clarified that the floor area exemption for boat barns would apply to all boat
barns except those used as part of outdoor retail sales.
3. Under Section 9.5-65 Standards applicable to all conditional uses. When
considering applications for a conditional use permit, the director of
planning and the planning commission shall consider the extent to which: . .
. (c)The design of the proposed development minimizes adverse effects,
including visual impacts, or the proposed use on adjacent properties.
This criterion directs staff and the planning commission to review a
development's visual impacts on the surrounding properties. As directed by the
planning commission, staff is drafting a set of design guidelines applicable to boat
barns.
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Design guidelines are typically not included as part of the Land Development
Regulations. Design guidelines are provided to serve as minimum standards for
the aesthetics and design of a development. Excluding design guidelines from
LDRs provides an architect, designer, and the reviewing agency greater flexibility
in providing creative designs and solutions to address the aesthetics of a
development. Staff is proposing that the design guidelines for boat bams be
adopted by endorsement of the board and not included as part ofthe LDRs.
II. SUMMARY OF CHANGES:
1. DEFINE BOAT BARN
The text amendment defines Boat Barn as a structure with a roof and one or
more sides to store boats.
2. MODIFY THE DEFINITION OF FLOOR AREA
The text amendment modifies the definition for Floor Area so that Boat
Barns that meet the conditions set forth in MCC 99.5-124.3 are excluded
from floor area calculations and from NROGO. Boat Barns which are
NROGO exempt do not have transferable floor area.
3. PROVIDE BUFFERYARD REQUIREMENTS TO LIMIT IMPACT ON
SURROUNDING PROPERTY OWNERS
The text amendment includes a requirement that each non waterside
perimeter setback of the parcel proposed for boat barn development must
have a Class C bufferyard and a minimum side yard setback of ten (l0) feet.
This means that even in districts which may only require a total of 15 ft. side
yard setbacks. A minimum total of20' will be provided, since the minimum
width for each side yard is 10'.
FINDINGS OF FACT:
III.
1.
Staff finds that the proposed changes are consistent with Section 9.5-
511 (d)(5)b.(i) and (ii) "changed projections" and "changed assumptions",
2.
Staff finds the amendment consistent with the goals, objectives, and policies
of the Monroe County Year 2010 Comprehensive Plan, specifically
Objective 502.1 and Policy 502.1.3.
3.
Staff finds the amendment consistent with F.A.C. Chapters 9J-5, Florida
Statutes, Chapter 163, and The Principles for Guiding Development.
IV.
PROPOSED TEXT CHANGES:
Please see attached ordinance.
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v. RECOMMENDED ACTION:
Based on the Findings of Fact above, the Development Review Committee recommends
APPROV AL of the proposed text change to Sections 9.5-4,9.5-124.3, 9.5-232(c)(4)e,
9.5-233(c)(1)e, 9.5-234(c)(l)e, 9.5-235(c)(5)e, 9.5-236(c)(3)f, 9.5-238(c)(2)f,
9.5-239( c)(2)f, 9.5-243( c)( 1 )f, 9.5-244( c )(2)e, 9.5-245(f)( 1 )e, 9.5-247(g)(2)e,
9.5-247(r)(3)(a)v, 9.5-247(t)(l)e, 9.5-248(c)(4)d, 9.5-249(c)(1)d, 9.5-250(c)(2)d,
9.5-251 (c)(l)c of the Monroe County Land Development Regulations.
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