§ 130-131. Rockland Key Commercial Retail Center Overlay District.

(a)

Purpose and intent. The purposes of the Rockland Key Commercial Retail Center Overlay District is to implement applicable goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale commercial retail development in a non-environmentally sensitive area of the Lower Keys that primarily serves the needs of permanent residents of the Lower Keys. The intent is to protect and maintain the character of the residential areas in the Lower Keys by allowing larger-scale commercial retail development within the overlay district, a scarified area that has historically been developed with nonresidential uses.

(b)

Boundary. The Rockland Key Commercial Retail Center Overlay District shall be shown as an overlay district on the Official Land Use District Map.

(c)

Environmental protections. Prior to the construction of any commercial retail development within the overlay district, in addition to the protections afforded in the comprehensive plan and this Land Development Code, all mangrove wetlands and associated transitional/upland buffer areas will be restored and preserved in accordance with established permit conditions. On-site wetland preservation and enhancement will include the following:

(1)

Identified mangrove wetlands and associated transitional/upland buffer areas located on the property will be placed under a perpetual conservation easement to be recorded in the Public Records of Monroe County. The conservation areas within the conservation easement may in no way be altered from their permitted state (excluding restoration activities). Activities prohibited within the conservation areas include, but are not limited to:

a.

Construction or placing of buildings, roads, signs, and/or other similar infrastructure on or above the ground;

b.

Dumping or placing soil or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;

c.

Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation classified as invasive exotic;

d.

Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substances in such manner as to affect the surface;

e.

Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition;

f.

Activities or development detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, including but not limited to ditching, diking or fencing;

g.

Activities or development detrimental to such retention of land or water areas;

h.

Activities or development detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; and

i.

Any land use not related to preserving the natural state of the conservation area.

(2)

A wetland restoration and preservation component that involves removal of fill material from wetlands, planting of the transitional buffer area with 100 percent native vegetation, removal of all invasive exotic vegetation, and fencing and signage at the limits of the conservation easement will be implemented in conformance with South Florida Water Management District ("SFWMD") permit requirements.

(3)

A fully-compliant SFWMD-approved stormwater management system that prevents adverse impacts to the on-site wetland restoration and preservation/conservation area shall be implemented as part of any re-development process.

(d)

Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be enforced, in lieu of section 130-82, industrial district, and the maximum nonresidential land use intensities in subsection (2) shall be enforced, in lieu of section 130-164, maximum nonresidential land use intensities and district open space.

(1)

Permitted uses. Rockland Key Commercial Retail Center Overlay District Permitted Uses

a.

The following uses are permitted as of right in the overlay district:

1.

Restaurants of 5,000 square feet or less of floor area;

2.

Office uses of 5,000 square feet or less of floor area;

3.

Commercial fishing;

4.

Institutional uses;

5.

Light industrial uses;

6.

Public buildings and uses;

7.

Accessory uses;

8.

Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);

9.

Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);

10.

Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);

11.

Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and

12.

Satellite earth stations, as accessory uses, pursuant to section 146-5(f).

b.

The following uses are permitted as minor conditional uses in the overlay district, subject to the standards and procedures set forth in chapter 110, article III:

1.

Commercial retail uses of 10,000 square feet or less;

2.

Restaurants of 5,001 to 20,000 square feet of floor area;

3.

Office uses of 5,001 to 20,000 square feet of floor area; and

4.

New antenna-supporting structures, pursuant to section 146-5(a).

c.

The following uses are permitted as major conditional uses in the overlay district, subject to the standards and procedures set forth in chapter 110, article III:

1.

Commercial retail uses of 10,001 square feet or greater.

As set forth in section 130-82, heavy industrial uses and commercial apartments are permitted uses in the industrial district. However, these uses are not permitted within the boundary of the overlay district. All existing, lawfully established heavy industrial uses and commercial apartments within the boundary of the overlay district shall be considered nonconforming uses upon adoption of the boundary and may continue in accordance with section 102-56. However, superseding any regulations set forth in section 102-56 to the contrary, upon issuance of a building permit for commercial retail use on a parcel, any heavy industrial use or commercial apartment on that parcel shall be terminated.

(2)

Maximum nonresidential land use intensities and district open space. For the purposes of this overlay district, uses with corresponding density/ intensity thresholds shall be cumulative and utilize the floor area ratios as follows:

Rockland Key Commercial Retail Center Overlay District Maximum Nonresidential Land Use Intensities and District Open Space

Land Use	Maximum Floor Area Ratio	O.S.R.
Light Industrial	0.40	0.20
Public	0.40	0.20
Office	0.40	0.20
Institutional	0.40	0.20
Commercial Retail
Low Intensity	0.45	0.20
Medium Intensity	0.40	0.20
High Intensity	0.35	0.20
Commercial Fishing	0.40	0.20

 

(3)

Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1 right-of-way.

(4)

Maximum floor area.

a.

An individual building may contain up to 175,000 square feet of floor area only if the design of the building complies with the following design requirements:

1.

Building facades. Facades equal to or greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 40 horizontal feet.

2.

Roofs. All buildings, regardless of size, shall incorporate at least two of the following roof-related architectural features:

i.

Overhanging eaves, extending no less than three feet past the supporting walls.

ii.

Sloping roofs with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

iii.

Three or more roof slope planes.

iv.

A specific architectural element proposed by the applicant's architect that is acceptable to the planning director.

For any building with a flat roof and/or any building on which rooftop equipment is installed, parapets shall be incorporated to conceal the flat roof and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.

3.

Material and/or color variation. A front building facade, regardless of the building's size, shall include at least two material types and at least two colors.

4.

Design consistency. Compatible and consistent design, materials and colors shall be utilized for all new structures within the overlay district in order to make the development as a whole more cohesive.

b.

No individual tenant space shall exceed 140,000 square feet.

c.

The cumulative total of all commercial floor area within the overlay district shall not exceed a maximum floor area of 335,000 square feet.

(5)

Required public improvements. Prior to submittal of any development application involving commercial retail use, the developer shall enter into a development agreement with the BOCC in accordance with the procedures set forth in section 110-132. The development agreement shall be contingent on:

a.

The developer dedicating to the county (or the developer dedicating to the county for long term leasing for $1.00 per year) and constructing a public facility, consisting of a minimum amount of 5,000 square feet of total floor area, which includes the following features:

1.

A 200-seat capacity community meeting room; and

2.

Restroom and kitchen facilities; and

3.

1,000 square feet of area for neighborhood-oriented services that will be made available by the County to users (i.e. hobby rooms or computer rooms).

The public facility may be utilized for meetings of non-profit, for-profit, county, or community organizations, as well as other governmental and public entities, on a first-come first serve basis. Operational fees for the facility may be charged by the County. This facility must obtain a certificate of occupancy prior to, or concurrent with, issuance of a certificate of occupancy for a building to be utilized by any commercial retail use.

b.

The developer constructing and making available for lease 10,000 sq. ft. of commercial retail floor area consisting of no fewer than four separate commercial units, each no larger than 2,500 sq. ft. for neighborhood-oriented retail and service uses such as, but not limited to animal/veterinary clinics, fitness centers, hair salons/barber shops, mail and shipping services, medical offices, professional services, or similar neighborhood-oriented uses deemed acceptable by the planning director on a first come basis.

c.

The developer providing bicycle/pedestrian paths connecting the development to the county trail system along the U.S. 1 corridor and a multi-modal transit stop for mass transit, which shall include designated areas for bicycle, scooter and motorcycle parking and an electric car charging system to limit vehicle trips. The mass transit stop shall include a covered and secure area for passengers waiting for transportation.

d.

The developer funding at least one City of Key West bus purchase for use on the Key West-Marathon route to provide better, more frequent public transit to alleviate traffic on U.S. 1 caused by commercial development.

(6)

Traffic impact statement. Prior to any development approval including a minor or major conditional use, a traffic impact statement shall be required regardless of traffic generated by development.

(7)

Required U.S. 1 improvements. Notwithstanding other provisions of the Land Development Code, if, during the conditional use permit approval process and after the traffic impact statement is complete, based on FDOT standards, improvements to U.S. 1 are warranted, the developer is responsible for the funding of designing, permitting, installing and constructing the required improvements related to the proposed development prior to the issuance of a building permit or prior to a certificate of occupancy if the applicant enters into a development agreement with the County which regulates the timing of the improvements to U.S. 1.

(8)

Sound attenuation. Habitable structures, permitted under this overlay district, shall meet noise reduction levels for high noise zones. Measures to achieve a noise reduction level of 30dB must be incorporated into design and construction of the habitable structures. This shall be the minimum sound attenuation standard. The community meeting facility required in subsection (d)(5) shall not be constructed in the most current 75 DNL area.

(9)

Areas designated native area (NA). The permitted uses provided in subsection (d)(1) shall not be permitted in any area designated as native area (NA) on the land use district map.

(10)

Affordable housing. Prior to submittal of any development application involving commercial retail use the developer shall enter into a development agreement with the BOCC in accordance with the procedures set forth in section 110-133. The development agreement shall be contingent on a mutually agreeable affordable housing requirement.

(11)

Boundary buffers. Prior to the issuance of a commercial retail use of greater than 10,000 square feet within the overlay district, the applicant shall install a class "D" bufferyard along the boundary of the overlay district adjacent to U.S. 1 and class "C" bufferyards along all other non-shoreline boundaries of the overlay district.

(12)

Hurricane preparedness. To further the goals of Monroe County to be prepared for hurricanes and to assist in the clean up afterwards, parking facilities in the overlay district shall be made available for use by Monroe County for the storage of official vehicles in advance of major storm events, if Monroe County deems such use necessary and is regulated by development agreement.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)