Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2000
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING: Public Hearing to consider adoption of an ordinance amending Sections 9.5-4, 9.5-
232,9.5-233,9.5-234,905-235,9.5-235.1,9.5-236, 9.5-237, 9.5-238, 9.5-242, 9.5-244, 9.5-245, 9.5-246, 9.5-247,
9.5-248,9.5-249 and 905-252 of the Land Development Regulations concerning permitted uses to permit wastewater
treatment facilities in various land use districts and to consider an amendment to Section 9.5-249, Industrial Land
Use District, to permit parking lots for uses located in adjacent land use districts.
ITEM BACKGROUND: In accordance with the Monroe County Year 2010 Comprehensive Plan, the Planning
Department is proposing these amendments to the Monroe County Code to add wastewater treatment facilities, as a
minor conditional use, in several zoning districtso Currently, wastewater treatment facilities are accessory uses to a
principal use located on the same parcel of land in the same land use district. The Development Review Commime
heard the items on April 6, 2000 and May 5, 2000 and recommended approval. The Planning Commission heard
the items on April 12, 2000'and May 10,2000 and recommended approval. The BOCC heard the item on June 14,
2000, July 27, 2000 and August 17, 20000 At the August 17, 2000 meeting, the BOCC requested the Planning
Department to review the level of development review required for wastewater treatment facilities in residential
land use districtso The Planning Department has revised the ordinance to reflect these changes. This public hearing
will be the fourth hearing.
PREVIOUS RELEVANT BOARD ACTION: The BOCC continued the public hearing to September 20, 2000 in
Marathon.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
None
BUDGETED:
N/A
COST TO COUNTY: None
APPROVED BY: County Attorney _X_ OMB/Purchasing _N/A_ Risk Management_N/A_
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
DISPOSITION:
Agenda Item #:
J~U'
BOCC Agenda Item.03
09/01100 10:39 AM
PROPOSED TEXT AMENDMENT
SECTIONS 9.5-4, 9.5-232 THROUGH 9.5-238, 9.5-242,
9.5-244 THROUGH 9.5-249 and 9.5-252
MONROE COUNTY CODE
PERMITTED USES IN THE FOllOWING lAND USE DISTRICTS:
URBAN COMMERCIAL, URBAN RESIDENTIAL,
URBAN RESIDENTIAL MOBilE HOME, SUBURBAN
COMMERCIAL, URBAN RESIDENTIAL MOBilE HOME-
LIMITED, SUBURBAN RESIDENTIAL, SUBURBAN
RESIDENTIAL-LIMITED, SPARSELY SETTLED,
IMPROVED SUBDIVISION, RECREATIONAL VEHICLE,
COMMERCIAL FISHING AREA, COMMERCIAL
FISHING VilLAGE, COMMERCIAL FISHING SPECIAL
DISTRICTS, MIXED USE, INDUSTRIAL, AND AIRPORT
DISTRICT
The Monroe County Planning Department proposes text amendments to permit, as a minor
conditional use, the construction of public wastewater treatment facilities in the aforementioned
land use districts. The proposed text amendment furthers the goals of the Monroe County Year
2010 Comprehensive Plan. It will provide the mechanism by which these treatment facilities are
integrated into the fabric and existing character of the communities they are intended to serve.
In addition, the Planning Department proposes a text amendment to the Industrial Land Use
District, Monroe County Code Section 9.5-249, to permit parking for uses located in adjacent land
use districts.
SOCC: Public Hearing June 14, 2000 Draft Ordinance
Public Hearing July 27, 2000 Draft Ordinance
Public Hearing August 17, 2000 Item Continued
Public Hearing September 20,2000 Draft Ordinance
Staff: APPROVAL March 14, 2000 Staff Report (AD & I Districts)
APPROVAL April 27, 2000 Staff Report (all others)
DRC: APPROVAL April 6, 2000 Resolution #D 05-00 (AD)
APPROVAL April 6, 2000 Resolution #D 06-00 (I)
APPROVAL May 5, 2000 Resolution #D 08-00 (all others)
PC APPROVAL April 12, 2000 Resolution #P 29-00 (AD)
APPROVAL April 12, 2000 Resolution #P 30-00 (I)
APPROVAL May 10, 2000 Resolution #P 38-00 (all others)
Land Development Regulations Amendments
Executive Summary
The Monroe County Year 2010 Comprehensive Plan calls for the development of a
countywide Sanitary Wastewater Master Plan. On May 18, 2000, the Board of County
Commissioners approved the Draft Wastewater Master Piano This plan includes the
construction of wastewater treatment facilities that are maintained and operated by the
Florida Keys Aqueduct Authorityo These facilities will serve multiple users and will be in
various land use districts.
The Sanitary Wastewater Master Plan recommends a variety of solutions for wastewater
treatment in the Florida Keys. The recommendations include regional and community
systems intended to serve multiple users in areas identified as "Hot Spots". Additional
recommendations include the upgrading of existing onsite systems in areas designated
as "Cold Spots". The Planning Department recognized that the current Land
Development Regulations do not permit wastewater treatment facilities as principal uses.
As part of the proposed Conditional Use process, each wastewater treatment facility
shall be reviewed for architectural consistency with the community in which it will be
locatedo Where district boundary buffers are not required, additional landscaping, in the
form of tree plantings, is required along the perimeter of the development. The
proposed regulations provide the Planning Director the flexibility to require additional
screening as necessary on a site-specific basiso
The Planning Department has added language to the Residential Land Use Districts that
will require any privately owned wastewater treatment facility predominately serve
residential uses. After consideration of the comments by citizens, Major Conditional Use
approval is required for systems located in residential districts that require permitting by
the Florida Department of Environmental Protection. The cluster systems permitted by
the Florida Department of Health are permitted as-of-right for less than ten residences or
require minor conditional use approval for ten or more.
The Planning Department is proposing a change to the Industrial Land Use District to
permit, as-of-right, parking lots for uses located in adjacent land use districts. The
storage of outdoor vehicles is a permitted use in the Industrial Land Use District. The
expansion of this use to include accessory parking for adjacent land use districts will
provide an additional service to the public with no apparent detrimental effect. Given the
limitations of the existing built environment, the ability of property owners to redevelop
parcels of land and to provide adequate, safe, and compliant parking facilities is
improved. Furthermore, the Planning Director has recognized that in Monroe County
industrial uses occur primarily outdoors. Redevelopment of parcels for use as parking
does not represent a material change in the overall land use impact.
ORDINANCE No. -00
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FILED BY THE
PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SECo 9.5-4, DEFINITIONS, SEC.
905-232 THROUGH SEC. 9.5-238, SECo 905-242,
SEC. 9.5-244 THROUGH SECo 9.5-249, AND SEC.
905-2520 THESE CHANGES CONCERN
PERMITTED USES TO PERMIT PUBLIC
WASTEWATER TREATMENT FACILITIES IN
VARIOUS LAND USE DISTRICTS AND TO
AMEND SECo 9.5-249, INDUSTRIAL LAND USE
DISTRICT, TO PERMIT PARKING LOTS FOR
USES LOCATED IN ADJACENT LAND USE
DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE
CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners at the public
hearing on August 17, 2000, received citizen input and requested the Planning
Department to revise the proposed amendment in order to change the level of
development review for those public wastewater treatment facilities located in
residential land use districts.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on June 14, 2000, July 27,2000 and August 17, 2000 and conducted a review
and consideration of the request filed by the Planning Department to amend Monroe
County Land Development Regulations, Seco 9.5-4, Seco 9.5-232 through 9.5-238,
Sec. 905-242, 905-244 through 9.5-249, and Sec. 9.5-2520 These changes concerned
permitted uses to permit public wastewater treatment facilities in various land use
districts and to Sec. 905-249, Industrial Land Use District, to permit parking lots for
uses located in adjacent land use districts; and
WHEREAS, the Development Review Committee met on April 6, 2000 and
May 5, 2000 conducted a public meeting and recommended approval to the Planning
Commission of the proposed amendments; and
WHEREAS, the Monroe County Planning Commission met on April 12, 2000
and May 10, 2000, and conducted public hearings in Marathon on the proposed
amendments and recommends the approval of the request; and
Page 1 of 18
WHEREAS, the Monroe County Board of Commissioners on May 17, 2000
approved the Draft Wastewater Master Plan and adopted the final Sanitary Master
Plan for Monroe County; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
follows:
Section 9.5-4 of the Land Development Regulations shall read as
Sec. 9.5-4. Definitions
(W-1) Wastewater Nutrient Reduction Cluster Systems means wastewater treatment
systems that are designed to serve multiple residences which are located on more
than one lot. These systems are permitted by the Florida Department of Health.
(W-2) Wastewater treatment facility means the use of land and its appurtenances for the
treatment of wastewater collected predominately from other lots or parcelso
(W-3) Wastewater treatment collection system means the use of land and its above
ground installed appurtenances related to the collection and transmission of wastewater
to a treatment facility located on another lot or parcel.
(W-4) Water access walkway 0 . .
(W-5) Water at least four feet below mean sea level at mean low tide 00.
(W-6) Watercourse.. 0
(W-7) Water-dependent facility
(W-8) Water(s) or community watero. 0
(W-9) Water body or surface water. 0 .
(W-10) Water detention facility...
(W-11) Water retention facility. 0 .
(W-12) Watershed...
(VV-13) Water table. 0 .
(W-14) Wetlands 000
(W-15) Wet detention 0 0 .
Page 2 of 18
(W-16) Wet retention. . 0
Section 2. Section 9.5-232 of the Land Development Regulations shall read as follows:
Sec. 9.5-232. Urban Commercial District.
(b) The following uses are permitted as minor conditional uses in the Urban
Commercial District, subject to the standards and procedures set forth in article
III, division 3:
(9) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
co Where a district boundary buffer is not required, as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility with the fOllowing:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) =n;e required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
Section 3. Section 9.5-233 of the Land Development Regulations shall read as follows:
Sec. 9.5-233. Urban Residential District
(a) The following uses are permitted as of right in the Urban Residential District:
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Page 3 of 18
(b) The following uses are permitted as minor conditional uses in the Urban
Residential District, subject to the standards and procedures set forth in article III,
division 3:
(4) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(b) The following uses are permitted as major conditional uses in the Urban
Residential District, subject to the standards and procedures set forth in article III,
division 3:
(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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required, as set forth in article
VII, division 10, a planting bed, eight (8) feet in width, shall be
established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 4. Section 9.5-234 of the Land Development Regulations shall read as follows:
Sec. 9.5-234. Urban Residential Mobile Home District.
(a) The following uses are permitted as of right in the Urban Residential Mobile
Home District:
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Page 4 of 18
(b) The following uses are permitted as minor conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article III, division 3:
(7) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(c) The following uses are permitted as major conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article III, division 3:
(5) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(Hi) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width shall
be established with the following:
(i) One native canopy tree for every twenty-five (25) feet of of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(Hi) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 5. Section 9.5-235 of the Land Development Regulations shall read as follows:
Sec. 9.5-235. Suburban Commercial District.
(a) The following uses are permitted as of right in the Suburban Commercial
District:
(13) Wastewater Nutrient Reduction Cluster Systems that serve less than ten
(10) residences.
Page 5 of 18
(b) The following uses are permitted as minor conditional uses in the Suburban
Commercial District, subject to the standards and procedures set forth in article
III, division 3:
(11) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(12) 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, 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in article
VII, division 10, a planting bed, eight (8) feet in width, shall be
established to buffer the facility with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
Section 6. Section 9.5-235.1 of the Land Development Regulations shall read as
follows:
Sec. 9.5-235.1. Urban Residential Mobile Home-Limited District.
(a) The following uses are permitted as of right in the Urban Residential Mobile
Home-Limited District:
(8) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Page 6 of 18
(b) The following uses are permitted as minor conditional uses in the URM-L
District, subject to the standards and procedures set forth in article III, division 3:
(1) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(c) The following uses are permitted as major conditional uses in the URM-L
District, subject to the standards and procedures set forth in article III, division 3:
(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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 7. Section 9.5-236 of the Land Development Regulations shall read as follows:
Sec. 9.5..236. Suburban Residential District.
(a) The following uses are permitted as of right in the Suburban Residential
District:
(7) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
Page 7 of 18
(b) The following uses are permitted as minor conditional uses in the Suburban
Residential District, subject to the standards and procedures set forth in
article III, division 3:
(8) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(c) The following uses are permitted as major conditional uses in the Suburban
Residential District, subject to the standards and procedures set forth in
article III, division 3.
(9) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffers set forth in article VII, division
10, a planting bed, eight (8) feet in width, shall be established to
buffer the facility with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 8. Section 9.5-237 of the Land Development Regulations shall read as follows:
Sec. 9.5-237. Suburban Residential District (Limited).
(a) The following uses are permitted as of right in the Suburban Residential
District (Limited):
(8) Wastewater Nutrient Reduction Cluster Systems that serve less than ten
(10) residences.
Page 8 of 18
(b) The following uses are permitted as minor conditional uses in the Suburban
Residential District (Limited), subject to the standards and procedures set forth in
article III, division 3:
(1) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
i2l The following uses are permitted as major conditional uses in the Suburban
Residential District (Limited), subject to the standards and procedures set forth in
article III, division 3:
(1) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required, as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 9. Section 9.5-238 of the Land Development Regulations shall read as follows:
Sec. 9.5-238. Sparsely Settled Residential District.
(a) The following uses are permitted as of right in the Sparsely Settled
Residential District:
Page 9 of 18
(6) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
(b) The following uses are permitted as minor conditional uses in the Sparsely
Settled Residential District, subject to the standards and procedures set forth in
article III, division 3:
(5) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(c) The following uses are permitted as major conditional uses in the Sparsely
Settled Residential District, subject to the standards and procedures set forth in
article III, division 3:
(7) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(v) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 10. Section 9.5-242 of the Land Development Regulations shall read as
follows:
Sec. 9.5-242. Improved Subdivision District.
(a) The following uses are permitted as of right in the Improved Subdivision
District:
Page 10 of 18
(6) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
(c) The following uses are permitted as minor conditional uses in the Improved
Subdivision District, subject to the standards and procedures set forth in article
III, division 3:
(4) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(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:
(3) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ij) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII.
division 10 and maintained in perpetuity; and
d. Any privately owned system shall predominately serve residential
uses.
Section 11. Section 9.5-244 of the Land Development Regulations shall read as
follows:
Sec. 9.5-244. Recreational Vehicle District.
Page 11 of 18
(b) The following uses are permitted as minor conditional uses in the
Recreational Vehicle District, subject to the standards and procedures set forth in
article III, division 3:
(3) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director
c. Where a district boundary buffers is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
Section 12. Section 9.5-245 of the Land Development Regulations shall read as
follows:
Sec. 9.5-245. Commercial Fishing Area District.
(e) The following uses are permitted as minor conditional uses in the
Commercial Fishing Area District, subject to the standards and procedures set
forth in article III, division 3:
(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:
Page 12 of 18
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(jii) A solid fence may be required upon determination by the
Planning Director and;
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility with the fOllowing:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII t
division 10 and maintained in perpetuity.
Section 13. Section 9.5-246 of the Land Development Regulations shall read as
follows:
Sec. 9.5-246. Commercial Fishing Village District.
(b) The following uses are permitted as minor conditional uses in the
Commercial Fishing Village District, subject to the standards and procedures set
forth in article III, division 3:
(2) 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, 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage. temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
Page 13 of 18
(iv) The required trees shall be evenly distributed throughout
the planting bed; and
(v) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
Section 14. Section 9.5-247 of the Land Development Regulations shall read as
follows:
Sec. 9.5-247. Commercial Fishing Special District.
(u) The following uses are permitted as of right in all Commercial Fishing Special
Districts:
(1) Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
(v) The following uses are permitted as minor conditional uses in all Commercial
Fishing Special Districts, subject to the standards and procedures set forth in
article III, division 3:
(1) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(2) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iv) The required trees shall be evenly distributed throughout
the planting bed; and
(v) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
Page 14 of 18
Section 15. Section 9.5-248 of the Land Development Regulations shall read as
follows:
Sec. 9.5-248. Mixed Use District
(a) The following uses are permitted as of right in all Mixed Use Districts:
(17)Wastewater Nutrient Reduction Cluster Systems that serve less than ten (10)
residences.
(b) The following uses are permitted as minor conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division
3:
(13) Wastewater Nutrient Reduction Cluster Systems that serve ten or more
residences.
(14) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the fOllowing:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iv) The required trees shall be evenly distributed throughout
the planting bed; and
(v) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
Section 16. Section 9.5-249 of the Land Development Regulations shall read as
follows:
Sec. 9.5-249. Industrial District.
(a) The following uses are permitted as of right in the Industrial District:
Page 15 of 18
(10) Required parking set forth in article VII, division 9 serving a principal use or
structure that is located in another land use district and is located on (a) parce/(s)
of land that is contiguous to the principal use.
(b) The following uses are permitted as minor conditional uses in the Industrial
District, subject to the standards and procedures set forth in article III, division 3:
@ Wastewater treatment facilities serving (a) use(s) located in another land use
district land provided that:
a. The wastewater treatment facility is in compliance with all federal, state, and
local requirements; and
b. A solid fence (not including chain link with or without appurtenances) six
(6) feet in height encloses the area containing the wastewater treatment
facility and all accessory structures; and
c. Where a district boundary buffer is not required as set forth in article VII, division
10, a planting bed eight (8) feet in width, to be measured perpendicular to the fence
shall be established with the following:
(i) One native canopy tree for every twenty-five (25) linear feet of fence;
and
(ii) One understory tree for every ten (10) linear feet of fence; and
(iii) The required trees shall be evenly distributed throughout the planting
bed; and
(iv) The planting bed shall be installed as set forth in article VII, division 10
and maintained in perpetuity.
Section 17. Section 9.5-252 of the Land Development Regulations shall read as
follows:
Sec. 9.5-252. Airport Districts.
(a) These districts provide classifications of property for existing or future airports
and regulate uses within the boundaries of public and private airports, and uses around,
adjacent, and in the approach zones of public, private, and military airports in order to:
(1) Establish the control of obstructions and construction of structures
affecting navigable airspace in accordance with criteria delineated in
volume XI, part 77 in federal aviation regulations, Florida Department of
Transportation regulations, and this section;
(2) Protect airports against encroachment, to implement appropriate noise
abatement strategies, and to regulate development and reduce public
exposure of community activities which are not compatible with airport
operations;
(3) Control uses within the public and private airport property boundaries.
Page 16 of 18
(b) In order to carry out the provisions of this section, there are hereby created and
established a zone known as Airport District (AD) for public and military airports,
and a zone known as Private Airport District (PAD) for private airports. There are
hereby created and established overlay zones around and adjacent to public,
private and military airports in Monroe County. Within the AD, PAD and overlay
zones, certain height limitations are specified to prevent airspace obstruction,
and the use limitations apply. An area located in more than one (1) zone
described herein is considered to be only in the zone with the more restrictive
limitations.
(c) Airport District (AD), Public and Military Airports:
The following uses are permitted as minor conditional uses in the Airport District,
subject to the standards and procedures set forth in article III, division 3:
(1) Wastewater treatment facilities 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
@ Within the property boundaries of public airports, airport uses of less than
five thousand (5,000) square feet of enclosed area shall require a minor conditional
review. Airport uses of five thousand (5,000) square feet or more of enclosed space shall
require a major conditional review. Within the overlay zones of public and military
airports, those uses permitted shall comply with the height standards and the limitations
set forth in the horizontal, conical approach, and transitional zones described in
subsection.@) following.
Page 17 of 18
~
@
Public airport height zones and /imitations for the airport distriot and
overlays:
Section 18. If any section. subsection, sentence, clause. item, change or provision gf
this ordinance Is held invalid. the remainder of this ordinance shall not be affected by
such invalidity.
Section 19. All ordinances or parts of ordinances in conflict with ttlls ordinance are
hereby repealed to the extent of the said conflict.
Section 20. This ordinance is hereby transmitted to the Department of
Community Affairs to be reviewed for compliance with Chapter 380, Florida Statutes.
Section 21. This ordinance shall be filed in the Office of the Secretary of State I of the
State of Florida. but shall not become effective until a notice is issued by the Department
of Community Affairs or Administrative Cammission approving this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners Monroe
County, Florida, at a regular meeting held on the day of
A.D., 2000.
BY
Mayor Shir1ey Freeman
Mayor Pro Tern George Nugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
SOARD OF COUNTY COMMISSIONERS
OF MONROe COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY K. KOLHAGE, CLERK
DEPUTY CLERK
Page 18 of 18
MEMORANDUM
MEETING DATE:
September 20, 2000 - the fourth public hearing.
I. BACKGROUND:
The Planning Department is proposing amendments to Sections 9.5-4, Sections 9.5-232
through 9.5-238, Section 9.5-242, Sections 9.5-244 through 9.5-249 and Section 9.5-252 of the
Monroe County Land Development Regulations. The amendments add language to permit, as
a minor 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 Urban Commercial, Urban Residential, Urban Residential
Mobile Home, Suburban Commercial, Urban Residential Mobile Home-Limited, Suburban
Residential, Suburban Residential Limited, Sparsely Settled, Improved Subdivision,
Recreational Vehicle, Commercial Fishing Area, Commercial Fishing Village, Commercial
Fishing Special Districts, Mixed Use, Industrial, and Airport District. Additionally, the Planning
Department is proposing to add two new definitions: Wastewater Treatment Facility and
Wastewater Treatment Collection Systems. 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 definitions are required as a result of the proposed text
amendments to the permitted uses section.
In addition, the Planning Department is proposing amendments to Section 9.5-294, Industrial
Land Use District, to permit, as-of-right, parking lots for uses located in adjacent land use
districts
The Monroe County Year 2010 Comprehensive Plan calls for the development of a countywide
Sanitary Wastewater Master Plan. On May 17, 2000 the Board of County Commissioners
(BOCC) approved the Draft Wastewater Master Plan and approved a resolution adopting the
Final Sanitary Wastewater Master Plan. The Sanitary Wastewater Master Plan includes the
construction of regional wastewater treatment facilities that are maintained and operated by the
Florida Keys Aqueduct Authority. These facilities will serve multiple users and will be sited in
various land use districts as required.
II. ANALYSIS:
A. County requirements for changes to the land development regulations:
Page 1 of 5
1. Wastewater Treatment Amendments
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 no doubt provide
additional benefits to the community. Furthermore, the proposed amendments
strive to provide 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.
2. Industrial District, Parking Amendments
The proposed amendment, Section 9.5-249(a)(10), concerning accessory use
parking is supported by Item (v) which refers to the recognition of a need for
additional detail or comprehensiveness. The Industrial District is a land use
district where the outdoor storage of vehicles is a permitted use. The expansion
of this use to include accessory use parking for adjacent land use districts will
provide an additional service to the public with no apparent detrimental effect.
The ability of property owners to redevelop parcels of land and to provide
adequate, safe, and compliant parking facilities will be improved. A significant
number of commercial properties in Monroe County have inadequate parking
facilities. Typically, these businesses have been developed over the years,
regulations have changed, roads have been widened with the end result of
inadequate parking. It is often impossible to provide adequate parking given the
limitations of the existing built environment.
Furthermore, as part of Planning Director's Administrative Interpretation #01-97,
the Planning Director recognizes that all of the property currently within the
Industrial zoning diswict has been developed before 1986 and has been used
extensively since that time. The interpretation states further that industrial uses in
Monroe County occur primarily outdoors. Therefore, redevelopment of parcels of
land that had been used for industrial outdoor activities for use as parking areas
does not represent a material change in the overall land use impact.
Page 2 of 5
B. Consistency with 2010 Comprehensive Plan
1. Wastewater Treatment Amendments
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."
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. It
elaborates to include provisions for permanent and interim level of service
standards.
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 amendments will facilitate meeting these
Goals, Objectives and Policies by broadening the possible locations available to
construct such facilities.
2. Industrial District, Parking Amendments
Objective 101.16 stipulates that Monroe County shall revise the Land
Development Regulations to provide safe and convenient on-site traffic flow,
adequate pedestrian ways and sidewalks, and sufficient on-site parking for both
motorized and non-motorized vehicles.
The proposed amendment to Section 9.5-249(a)(10) requires that the principal
use for the parking lot be located on adjacent land. This requirement will
facilitate a site plan that provides for better organization of vehicular and
pedestrian movement without increasing the allocated density. Allocated density
will continue to be determined based upon the parcel of land where the principal
use is located. Additional density is not available based upon the additional
lands used for parking.
C. Special Considerations for the Airport District:
Consistency with Federal Aviation Administration (FAA)
In August 1999, Monroe County submitted a proposed change to the current
Airport Layout Plan (ALP) to the FAA to include a wastewater treatment facility at
the Marathon Airport. In their response dated September 21, 1999, the FAA has
Page 3 of 5
considered the safety and utility of aircraft operations and planned navigational
aids as related to this proposed change. The proposed change to the ALP is
approved provided the facility is constructed in accordance with applicable FAA
design criteria.
D. Additional Language for Residential Districts
After further consideration, Staff recognized that residential neighborhoods
require additional protection to maintain tTle community character. To preclude
the location of wastewater treatment facilities, that solely serve a commercial
enterprise, from locating in a residential neighborhood, Staff proposes to add the
following language to the residential districts. Specifically, these districts are
Improved Subdivision, Suburban Residential, Suburban Residential-Limited,
Sparsely Settled, Urban Residential, Urban Residential Mobile Home, and Urban
Residential Mobile Home-Limited.
"e. Any privately owned system shall predominately serve residential uses."
This language has been incorporated into the proposed text amendment.
At the August 17, 2000 BOCC meeting, the commissioners received comments
from the citizens expressing concern about the location of wastewater treatment
facilities in residential land use districts. Specifically, the citizen's felt the
regulations, as proposed do not provide for adequate citizen input. Staff was
directed to consider these comments and the attached amendment requires
major conditional use approval for the wastewater treatment facilities in
residential districts. Furthermore, a new definition has been added, Wastewater
Nutrient Reduction Cluster Systems, to define wastewater treatment systems that
are designed to serve multiple residences. These systems are differentiated
from the Wastewater Treatment Facilities, by the agency authorized to permit the
facility. The cluster systems are permitted by the Florida Department of Health;
whereas the Wastewater Treatment facilities are permitted by the Florida
Department of Environmental Protection (FDEP).
III. Comments from the Development Review Committee (DRC) Meeting
During the DRC meeting, representatives from US Fish and Wildlife and the Florida
Wildlife Conservation Commission expressed concern with the proposed regulations
concerning areas that are more environmentally sensitive. Specifically, these areas
included the Suburban Residential, Suburban Residential-Limited, and Sparsely Settled
land use districts. Given that the larger wastewater treatment facilities will require
substantial/and clearing, the destruction of habitat was the primary concern.
The Monroe County Comprehensive Plan permits public utilities in the Residential Low
land use category. Furthermore, the environmental regulations in the current Land
Development Regulations have restrictions on open space requirements, habitat
destruction, etc. All of these requirements shall be met before the construction of any
treatment facility. The proposed text amendments address the specifics of how the
treatment facilities will integrate into the surrounding neighborhood, once the site was
selected using selection criteria as outlined in the Wastewater Master Plan.
Page 4 of 5
IV. PROPOSED REVISIONS:
The proposed amendment to Sections 9.5-4, 9.5-232 through 9.5-238, Section 9.5-242,
Sections 9.5-244 through 9.5-248, and Section 9.5-252 of the Monroe County Land
Development Regulations are attached.
V. FINDINGS:
1. Based on the Monroe County Code, staff finds that the proposed text
amendments are consistent with Section 9.5-511 of the Monroe County Code.
2. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the
proposed text amendments are consistent with and further its goals.
3. The proposed text amendment to Section 9.5-252, Airport District is consistent
with the rules and procedures of the Federal Aviation Administration.
VI. RECOMMENDATION:
The Planning staff and the Development Review Committee recommend APPROVAL to the
Planning Commission of the proposed text amendment to Sections 9.5-4, 9.5-232, 9.5-233, 9.5-
234, 9.5-235, 9.5-235.1, 9.5-236, 9.5-237, 9.5-238, 9.5-242, 9.5-244, 9.5-245, 9.5-246, 9.5-247,
and 9.5-248 of the Monroe County of the Land Development Regulations as shown on the
attached exhibit.
Page 5 of 5
PLANNING COMMISSION RESOLUTIONS
P#29-00, P#30-00, AND P#38-00
P#29-00
RESOLUTION NO. P 29-00
A RESOLUTION BY THE MONROE COUNTY PlANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT FOR AN
AMENDMENT TO SECTION 9.5-252 OF THE LAND
DEVELOPMENT REGULATIONS CONCERNING PERMITTED
USES IN THE AIRPORT LAND USE DISTRICT.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on April 12, 2000,
conducted a review and consideration of an amendment to Section 9.5-252 of the Land Development
Regulations concerning pennitted uses in the Airport Land Use District filed by the Monroe County
Planning Department; and
WHEREAS, the Planning Commission examined the following information:
1. The staff report from Barbara Mitchell, Senior Planner, dated April 7, 2000; and
2. Swom testimony of Barbara Mitchell, Senior Planner, and comments by the members of the
Planning Commission; and
WHEREAS, the Planning Commission adopted the following Findings of Fact and Conclusions of Law:
1.
Based on Section 9.5-511 of the Monroe County Code (MCC), we find that the Board of County
Commissioners may consider a text amendment to the land development regulations if at least one
of the six criteria is met In 1986, the authors of the land development regulations did not
contemplate wastewater treatment facilities. Furthermore, wastewater treatment facilities have
become a critical issue and the maximum flexibility for the location of these facilities is of utmost
importance to Monroe County. Therefore, we conclude that the proposed text amendment is
consistent with the requirements enumerated in Section 9.5-511 (5)(d)b.(I) & (iv) (Changed
Projections and New Issues, respectively) of the Monroe County Code.
2.
Based on correspondence from the Federal Aviation Administration (FAA), we find that the agency
has considered the safety and utility of aircraft operations and planned navigational aids as related
to a proposed change to the current Marathon Airport Layout Plan (ALP). This change included a
wastewater treatment facility and the FAA has approved the proposed change to the ALP provided
applicable FAA design criteria are incorporated. Therefore, we conclude that the proposed text
amendment is consistent with the rules and procedures of the FAA.
3.
Based on Objective 901.1 of the Monroe County Year 2010 Comprehensive Plan, we find that the
County shall ensure that adequate wastewater treatment facilities are available to l sfport _
Page 1 of 2 Initi.~
development Ther !, we conclude that the Proposed text . ndment is consistent with and
furthers the goals of the Monroe County Year 2010 Comprehensive Plan.
4. Based on Policy 101.4.16 of the Monroe County Year 2010 Comprehensive Plan, we find that the
County shall prohibit uses in the Airport District that require large numbers of people within the
hazard areas of civil and military airports. The proposed text amendment is consistent with this
policy in that a limited staff is required for operation of a wastewater treatment plant. Therefore, we
conclude that the proposed text amendment is consistent with and furthers the goals of the Monroe
County Year 2010 Comprehensive Plan; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that the
preceding Findings of Fact and Conclusions of Law, support their decision to RECOMMEND to the
Board of County Commissioners APPROVAL of the request filed by the Monroe County Planning
Department for an amendment to Section 9.5-252 of the Monroe County Land Development Regulations
conceming permitted uses in the Airport Land Use District, as shown on the attached exhibits.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting
held on the 12th day of April, 2000.
Chair Mapes Yes
Vice Chair Stuart Yes
Commissioner Marr
Commissioner Werling
CommissioneV'HiII
I
Yes
Yes
Yes
Signed this ~ le -+h day of
o
ONROE COUNTY, FLORIDA
""^......
, 2000.
APPROVED AS TO FORM
:~:u~
Attorney'. 0fIice
P#29-00
Page 2 of 2
Inltials_
"
RESOLUTION NO. P 30-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT FOR AN
AMENDMENT TO SECTION 9.5-249 OF THE LAND
DEVELOPMENT REGULATIONS CONCERNING PERMITIED
USES IN THE INDUSTRIAL LAND USE DISTRICT
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on April 12, 2000,
conducted a review and consideration of an amendment to Section 9.5-249 of the Land Development
Regulations conceming permitted uses in the Industrial Land Use District filed by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Planning Department is requesting an amendment to add Section 9.5-
249(a)(10) to permit, as-of-right, parking lots for uses located in adjacent land use districts; and
WHEREAS, the Monroe County Planning Department is requesting an amendment to add Section 9.5-
249(b)(3) to permit, as a minor conditional use, the construction of wastewater treatment facilities that
serve uses located in adjacent land use districts; and
WHEREAS, the Planning Commission examined the following information:
1. The staff report from Barbara Mitchell, Senior Planner, April 7, 2000 ; and
2. Swom testimony by Barbara Mitchell, Senior Planner, and comments by the members of the
Planning Commission; and
WHEREAS, the Planning Commission adopted the following Findings of Fact and Conclusions of Law:
1. Based on Sections 9.5-511 of the Monroe County Code (MCC), we find that the Board of County
Commissioners may consider a land use change if at least one of the six criteria is met The
Industrial District is a land use district where the storage of outdoor vehicles is a permitted use and
expanding the use to include accessory use parking for adjacent land use districts will provide an
additional service to the public. Therefore, we conclude that the proposed text amendment is
consistent with the requirements enumerated in Section 9.5-511(5)(d)b.(v) (Need for Additional
Comprehensiveness) of the Monroe County Code.
PC #30-00
Page 1 of 2
,-k
2. Based on Sections 511 of the Monroe County Code (MCC, J find that the Board of County
Commissioners may consider a land use change if at least one of the six crneria is met. In 1986
the authors of the land development regulations did not contemplate wastewater treatment
facilities. Furthermore, wastewater treatment facilities have become a critical issue and the
maximum flexibility for the location of these facilities is of utmost importance to Monroe County.
Therefore, we conclude that the proposed text amendment is consistent with the requirements
enumerated in Section 9.5-511(5)(d)b.(I) &(iv) (Changed Projections and New Issues, respectively)
for the Monroe County Code.
3. Based on Objective 101.16 of the Monroe County Year 2010 Comprehensive Plan, we find that the
County shall revise the Land Development Regulations to provide safe and convenient on-site
traffic flow, adequate pedestrian walkways, and sufficient on-site parking. Therefore, we conclude
that the proposed text amendment is consistent with and furthers the goals of the Monroe County
Year 2010 Comprehensive Plan.
4. Based on Objective 901.1 of the Monroe County Year 2010 Comprehensive Plan, we find that the
County shall ensure that adequate wastewater treatment facilities are available to support
development. Therefore, we conclude that the proposed text amendment is consistent with and
furthers the goals of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY FLORIDA, that the
preceding Findings of Fact and Conclusions of Law, support their decision to RECOMMEND to the Board of
County Commissioners APPROVAL of the request filed by the Monroe County Planning Department for an
amendment to Section 9.5-249 of the Monroe County Land Development Regulations concerning permitted
uses in the Industrial Land Use District, as shown on the attached exhibits.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting
held on the 12th day of April, 2000.
Chair Mapes Yes
Vice Chair Stuart Yes
Commissioner Marr
Yes
APPROVED AS TO FORM
AND~ SUFFICIENCY
BY ~ ez.e<?
AttomCy'. 0
Commissioner Werling Yes
~
Commissioner Hill Yes
PLAN~INJJMMISSIJ!!hl O~MONROE COUNTY. FLORIDA
BY . C. ~. lL '--" -:>_
PC #30-00
Chair Lynn Mapes
~ r; 14.. 0 :.
a(P day of ~A~ ,2000.
.. Page 2 of 2
....I
Initials
Signed this
P# 38-00
RESOLUTION NO. P 38-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT FOR AN
AMENDMENT TO SECTIONS 9.5-4, 9.5-232, 9.5-233, 9.5-234, 9.5-
235, 9.5-235.1, 9.5-236, 9.5-237. 9.5-238, 9.5-242, 9.5-244, 9.5-245,
9.5-246, 9.5-247, AND 9.5-248 OF THE LAND DEVELOPMENT
REGULATIONS CONCERNING PERMITTED USES TO PERMIT
PUBLIC WASTEWATER TREATMENT FACILITIES IN VARIOUS
LAND USE DISTRICTS.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on May 10, 2000,
conducted a review and consideration of an amendment to Sections 9.5-4, 9.5-232, 9.5-233, 9.5-234,
9.5-235, 9.5-235.1, 9.5-236, 9.5-237, 9.5-238, 9.5-242, 9.5-244, 9.5-245, 9.5-246, 9.5-247, and 9.5-248
of the Land Development Regulations concerning permitted uses to permit public wastewater treatment
facilities in various land use districts filed by the Monroe County Planning Department; and
WHEREAS, the Planning Commission examined the following information:
1. The staff report from Barbara Mitchell, Senior Planner, dated April 27, 2000; and
2. The Development Review Committee Resolution #08-00, dated May 5, 2000; and
3. Sworn testimony of Barbara Mitchell, Senior Planner, and comments by the members of the
Planning Commission; and
WHEREAS, the Planning Commission adopted the following Findings of Fact and Conclusions of Law:
1.
Based on Section 9.5-511 of the Monroe County Code (MCC), we find that the Board of County
Commissioners may consider a text amendment to the land development regulations if at least one
of the six criteria is met. In 1986, the authors of the land development regulations did not
contemplate wastewater treatment facilities. Furthermore, wastewater treatment facilities have
become a critical issue and the maximum flexibility for the location of these facilities is of utmost
importance to Monroe County. Therefore, we conclude that the proposed text amendment is
consistent with the requirements enumerated in Section 9.5-511 (5)(d)b.(i) & (iv) (Changed
Projections and New Issues, respectively) of the Monroe County Code.
2.
Based on Objective 901.1 of the Monroe County Year 2010 Comprehensive Plan, we find that the
County shall ensure that adequate wastewater treatment facilities are available to support
development. Therefore, we conclude that the proposed text amendment is consistent with and
furthers the goals of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFO:O
Page 1 of2 Initj~
BE IT RESOLVED BY T.. - PLANNING COMMISSION OF MONRu_ '::OUNTY FLORIDA, that the
preceding Findings of Fact and Conclusions of Law, support their decision to RECOMMEND to the
Board of County Commissioners APPROVAL of the request filed by the Monroe County Planning
Department for an amendment to Sections 9.~, 9.5-232, 9.5-233, 9.5-234, 9.5-235, 9.5-235.1, 9.5-236,
9.5-237, 9.5-238, 9.5-242, 9.5-244, 9.5-245, 9.5-246, 9.5-247, and 9.5-248 of the Land Development
Regulations conceming permitted uses to permit public wastewater treatment facilities in various land
use districts, as shown on the attached exhibits.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting
held on the 5th day of May, 2000.
Chair Mapes Yes
Vice Chair Stuart Yes
Commissioner Marr
Commissioner Werling
Commissioner Hill
Yes
Yes
Yes
Signed this 1 ~ day
PLANNING COMM
BY
COUNTY, FLORIDA
,
APPROVED AS TO FORM
:~~
"
'0,
P# 38-00
Page 2 of 2
Initials_
Q
ORDINANCE No. -00
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST FILED BY THE
PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SEC. 9.5-4, DEFINITIONS, SEC.
9.5-249 INDUSTRIAL DISTRICT AND SEC 9.5-252
AIRPORT DISTRICT. THESE CHANGES
CONCERN PERMITTED USES TO PERMIT
WASTEWATER TREATMENT FACILITIES IN THE
INDUSTRIAL AND AIRPORT LAND USE
DISTRICTS AND TO AMEND SEC. 9.5-249,
INDUSTRIAL LAND USE DISTRICT, TO PERMIT
PARKING LOTS FOR USES LOCATED IN
ADJACENT LAND USE DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE; AND
DIRECTING THE CLERK OF THE BOARD TO
FORWARD A CERTIFIED COPY OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners at the public
hearing on September 20, 2000 conducted a review and consideration of the request
of the Planning Department to amend Monroe County Land Development Regulations,
Sec. 9.5-4 Definitions, Sec. 9.5-249 Industrial Land Use District, and Sec. 9.5-252
Airport Land Use District. These changes to the permitted uses in the Industrial and
Airport Land Use Districts add wastewater treatment facilities as a principal uses and
in the Industrial Land Use District to permit parking lots for uses located in adjacent
land use districts; and
WHEREAS, the Monroe County Board of County Commissioners at the public
hearing on August 17, 2000, received citizen input and requested the Planning
Department to revise the proposed amendment in order to change the level of
development review for those public wastewater treatment facilities located in
residential land use districts.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on June 14, 2000, July 27,2000 and August 17, 2000 and conducted a review
and consideration of the request filed by the Planning Department to amend Monroe
County Land Development Regulations, Sec. 9.5-4, Sec. 9.5-232 through 9.5-238,
Sec. 9.5-242, 9.5-244 through 9.5-249, and Sec. 9.5-252. These changes concerned
permitted uses to permit public wastewater treatment facilities in various land use
districts and to Sec. 9.5-249, Industrial Land Use District, to permit parking lots for
uses located in adjacent land use districts; and
Page 1 of 5
WHEREAS, the Development Review Committee met on April 6, 2000 and
May 5, 2000 conducted a public meeting and recommended approval to the Planning
Commission of the proposed amendments; and
WHEREAS, the Monroe County Planning Commission met on April 12, 2000
and May 10, 2000, and conducted public hearings in Marathon on the proposed
amendments and recommends the approval of the request; and
WHEREAS, the Monroe County Board of Commissioners on May 17, 2000
approved the Draft Wastewater Master Plan and adopted the final Sanitary Master
Plan for Monroe County; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
as follows:
Section 9.5-4 of the Land Development Regulations shall be amended
Sec. 9.5-4. Definitions
(W-2) Wastewater treatment facility means the use of land and its appurtenances for
the treatment of wastewater collected predominately from other lots or parcels.
(W-3) Wastewater treatment collection system means the use of land and its above
ground installed appurtenances related to the collection and transmission of wastewater
to a treatment facility located on another lot or parcel.
(W-4) Water access walkway...
(W-5) Water at least four feet below mean sea level at mean low tide. . .
(W-6) Watercourse. . .
(W-7) Water-dependent facility
(W-8) Water(s) or community water...
(W-9) Water body or surface water...
(W-10) Water detention facility...
(W-11 ) Water retention facility...
(W-12) Watershed...
(W-13) Water table.. .
(W-14) Wetlands. . .
(W-15) Wet detention. . .
(W-16) Wet retention. . .
Section 2. Section 9.5-249 of the Land Development Regulations shall be amended as
follows:
Sec. 9.5-249. Industrial District.
(a) The following uses are permitted as of right in the Industrial District:
(10) Required parking set forth in article VII, division 9 serving a principal use or
structure that is located in another land use district and is located on (a) parcel(s)
of land that is contiguous to the principal use.
Page 2 of 5
(b) The following uses are permitted as minor conditional uses in the Industrial
District, subject to the standards and procedures setforth in article III, division 3:
@ Wastewater treatment facilities and wastewater treatment collection system(s)
serving (a) use(s) located in another land use district land 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(Hi) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in article VII, division
10, a planting bed eight (8) feet in width, to be measured perpendicular to the
fence shall be established with the following:
(i) One native canopy tree for every twenty-five (25) linear feet of fence;
and
(ii) One understory tree for every ten (10) linear feet of fence; and
(iii) The required trees shall be evenly distributed throughout the planting
bed; and
(iv) The planting bed shall be installed as set forth in article VII, division 10
and maintained in perpetuity.
Section 3. Section 9.5-252 of the Land Development Regulations shall be amended as
follows:
Sec. 9.5-252. Airport Districts.
(a) These districts provide classifications of property for existing or future airports
and regulate uses within the boundaries of public and private airports, and uses around,
adjacent, and in the approach zones of public, private, and military airports in order to:
(1) Establish the control of obstructions and construction of structures
affecting navigable airspace in accordance with criteria delineated in
volume XI, part 77 in federal aviation regulations, Florida Department of
Transportation regulations, and this section;
(2) Protect airports against encroachment, to implement appropriate noise
abatement strategies, and to regulate development and reduce public
exposure of community activities which are not compatible with airport
operations;
(3) Control uses within the public and private airport property boundaries.
Page 3 of 5
(b) In order to carry out the provisions of this section, there are hereby created and
established a zone known as Airport District (AD) for public and military airports,
and a zone known as Private Airport District (PAD) for private airports. There are
hereby created and established overlay zones around and adjacent to public,
private and military airports in Monroe County. Within the AD, PAD and overlay
zones, certain height limitations are specified to prevent airspace obstruction,
and the use limitations apply. An area located in more than one (1) zone
described herein is considered to be only in the zone with the more restrictive
limitations.
(c) Airport District (AD), Public and Military Airports:
The following uses are permitted as minor conditional uses in the Airport District,
subject to the standards and procedures set forth in article III, division 3:
(1) 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:
(i) Be architecturally consistent with the character of the
surrounding community; and
(ii) Minimize the impact of any outdoor storage, temporary or
permanent; and
(iii) A solid fence may be required upon determination by the
Planning Director; and
c. Where a district boundary buffer is not required as set forth in
article VII, division 10, a planting bed, eight (8) feet in width, shall
be established to buffer the facility, with the following:
(i) One native canopy tree for every twenty-five (25) feet of
property line; and
(ii) One understory tree for every ten (10) feet of property line;
and
(iii) The required trees shall be evenly distributed throughout
the planting bed; and
(iv) The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity.
@ Within the property boundaries of public airports, airport uses of less than
five thousand (5,000) square feet of enclosed area shall require a minor conditional
review. Airport uses of five thousand (5,000) square feet or more of enclosed space shall
require a major conditional review. Within the overlay zones of public and military
airports, those uses permitted shall comply with the height standards and the limitations
set forth in the horizontal, conical approach, and transitional zones described in
subsection .@) following.
Page 4 of 5
@ Public airport height zones and limitations for the airport district and
overlays:
Section 4. 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
invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the said conflict.
Section 6. This ordinance is hereby transmitted to the Department of
Community Affairs to be reviewed for compliance with Chapter 380, Florida Statutes.
Section 7. 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 this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners Monroe
County, Florida, at a regular meeting held on the day of ,A.D.,
2000.
Mayor Shirley Freeman
Mayor Pro Tem George Nugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY K. KOLHAGE, CLERK
DEPUTY CLERK
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Page 5 of 5