Item R6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15,2005
Division:
Growth Management
Bulk Item: Yes
No -2L-
Department: Planning and Env. Resources
StatT Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Amendment to Section 9.5~349 (Shoreline Setbacks) of the Monroe County
Land Development Regulations. (First of one public hearing)
ITEM BACKGROUND: On December 17, 2003 the Board of County Commissioners adopted Ordinance No.
049~2003 and 049A~2003. amending Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan and
Section 9.5~349 of the Land Development Reb'Ulations respectively, which provided for a reduction of the
shoreline setback for smaller, legally developed lots. These changes have caused some confusion and
community concern regarding community character and water views. Additionally, concerns raised by R V park
owners regarding shoreline setbacks for RV spaces were not addressed in previous action. Therefore, in the
interest of clarity and comprehensiveness and in order to eliminate cont1icts within Section 9.5~349, and in
response to the requests of citizens in affected communities, the Planning and Environmental Resources
Department is proposing additional amendments to Sections 9.5~349(b) and 9.5~349(0).
At the May 25, 2005 meeting the Planning Commission reviewed the proposed amendments and voted to
recommend APPROVAL to the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION: Ordinance 049A~2003, amending LDR Section 9.5~349
CONTRACT/AGREEMENT CHANGES:N! A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty ..lL-
OMB/Purchasing -A-ffSk Management
/:\ Ii ~ ~
~ . J
J
I
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 2/05
'1~
BOCC DRAFT ORDINANCE
ORDINANCE No. ~2005
AN ORDINANCE AMENDING THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS, CHAPTER 9.5, SECTIONS 349(b)
AND 349(0), REGARDING SHORELINE SETBACKS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR TRANSMITTAL
TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) IN
ACCORDANCE WITH FLORIDA STATUES.
\VHEREAS, Objective 101.8 of the Monroe County Year 2010 Comprehensive
Plan calls for the elimination or reduction in frequency of structures or uses which are
inconsistent with applicable codes and land development regulations; and
WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive
Plan establishes a principal structure setback of at least twenty (20) feet along altered
shorelines including manmade canals, channels, and basins; and
WHEREAS, many smaller residential lots along lawfully altered shorelines were
legally developed prior to the Comprehensive Plan with principal structures set back
within the twenty (20) foot shoreline setback; and
WHEREAS, while older homes could continue to be maintained, replacement of
ground level and mobile homes with larger, FEMA approved raised modular homes on
smaller lots was not possible due to the shoreline setback requirement; and
WHEREAS, on December 17, 2003, the Board of County Commissioners
adopted Ordinance No. 049~2003 and Ordinance No. 049A~2003 amending Policy
2]2.2.3 of the Comprehensive Plan and Section 9.5~349 of the Land Development
Regulations, respectively, which provided for a reduction of the shoreline setback for
smaller, legally developed lots; and
WHEREAS, those amendments resulted in some confusion and citizen concerns
in affected communities where redevelopment is occurring; and
WHEREAS, conflicts exist within Section 9.5-349 regarding the application of
those amendments; and
WHEREAS, new issues regarding shoreline setbacks in recreational vehicle (R V)
parks have arisen which were not addressed in the previous amendments to Section 9.5-
349; and
Page lof4
WHEREAS, the Monroe County Planning and Environmental Resources
Department is proposing additional amendments to Section 9.5-349 of the Monroe
County Land Development Regulations in the interest of clarity and comprehensiveness,
in order to eliminate cont1icts within that section, and to address new concerns regarding
shoreline setbacks within R V parks; and
WHEREAS, at a regular meeting on May 3, 2005, the Development Review
Committee considered the proposal and reeommended approval of the proposed
amendments to the Planning Commission in Resolution No. 025-0 I; and
WHEREAS, at a regular meeting on May 25,2005, the Monroe County Planning
Commission, sitting as the local planning agency, after due notice and public
participation in the public hearing process, conducted a public hearing and recommended
approval of the proposed amendments to the Board; and
WHEREAS, based on the above findings, the Board has determined that it is
necessary and desirable to amend the above referenced Land Development Regulations;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Seetion 9.5~349 of the Monroe County Land Development Regulations is
hereby amended to read as follows:
Amended language is presented in strikethrough / underline format.
Section 9.5-349(b)
(I) Along lawfully altered shorelines including manmade canals, channels,
and basins, principal structures shall be set back at least twenty (20) feet as
measured from the mean high water (MHW) line, except as allowed in (2).
below:
(2) Along lawfully altered shorelines including manmade canals, channels,
and basins, which are developed with a lawfully established principal use,
the required setback on parcels less than 4,000 square feet may be reduced
to a minimum of ten (10) feet provided that;
a. The total combined area of all structures, principal and accessory, does
not occupy more than sixty (60) percent of the upland area of the
required twenty (20) foot shoreline setback;
Page 2 of 4
b. The proposed development protects the character and over water views
of the community;
c. Shoreline vegetation is protected;
d. Open space ratios are maintaincd;
c. Stormwater runoff from the entire site is managed on-site using Best
Managemcnt Practices utilizing berms and infiltrating runoff;
f.?+ (3)
fJ1 (4)
Section 9.5-349(0)
(4) All principal structures lawfully eXlstmg within the shoreline setback
along manmade canals, channels, or basins, or serving three or fev/ef
dy,'elling units on any shoreline, on parcels less than 4,000 square feet may
be rebuilt in the same footprint provided that there will be no expansion of
the footprint within ten (10) feet of the mean high water (MHW) line and
there will be no adverse impacts on stormwater runoff, navigation or turtle
nesting habitat.
(5) In licensed RV parks adiacent to manmade canals, channels, or basins,
road ready vehicles may be parked no closer than ten (0) feet from the
mean high water (MHW) line provided that
a. No previously approved site plan has established shoreline setbacks
greater than ten (0) feet from mean high water (MHW) for RV
parking;
b. The total combined area of all structures, principal and accessory, does
not oceupy more than sixty (60) percent of the upland area of the
required twenty (20) foot shoreline setback:
c. Shoreline vegetation is protected and any required district boundary
bufferyards are provided:
d. Open space ratios are maintained;
e. Stormwater runoff from the entire site is managed on-site using Best
Management Practices.
Page 3 of4
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. 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 Florida
Department of Community Affairs or Administrative Commission approving the
ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the day of
2005.
Mayor Dixie M. Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Date:
Page 4 of4
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: K Marlene Conaway, Director, Planning Department
MEETING DATE: June 15, 2005
RE: AMENDMENT TO SECTION 9.5~349 (SHORELINE SETBACKS) OF
THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS
I. BACKGROUND
Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states
"Monroe County shall eliminate or reduce the frequency of uses which are
inconsistent with the applicable provisions of the land development regulations
and the Future Land Use Map, and structures which are inconsistent with
applicable codes and land development regulations,"
Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in
part, "Along lawfully altered shorelines including manmade canals, channels, and
basins, principal structures shall be set back at least twenty (20) feet as
measured from the mean high water line."
Many residential lots on lawfully altered shorelines, especially those smaller lots
in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan,
were developed with principal structures built within the twenty (20) foot shoreline
setback. Because of the small lot size, it is not possible to replace an existing
mobile home with the new larger factory built modular homes and set back the
required twenty (20) feet. As a result, while the older home could continue to be
maintained it could never be replaced with a FEMA approved raised modular
home.
The requirement of the twenty (20) foot setback has other implications in addition
to the inability to replace a mobile home with a FEMA approved structure, Many
of the smaller lots have homes located in such a way that they are unable to add
a deck or stairway to the entrance of a lawfully established principal dwelling
because the construction would penetrate the existing shoreline setback, Since
there is no possibility of relaxing these setback requirements by permitting a
waiver or variance of the current regulations, these requests are currently denied
and owners of the smaller lots are subject to an unnecessary burden for which
there is no amelioration.
Page 1 of 4
In response to this problem, the Planning and Department proposed a
modification to the twenty (20) foot required setback regulations. It proposed that
on lots developed with a lawfully established principal use, the setback along
lawfully altered shorelines may be reduced to ten (10) feet provided that
environmental impacts were minimized.
The Department of Community Affairs (DCA), in a memorandum dated
September 3,2002, indicated that they were amenable to such a modification.
On December 17, 2003, the Board of County Commissioners adopted Ordinance
No. 049-2003 and Ordinance 049A-2003, amending Policy 212.2.3 of the
Monroe County Year 2010 Comprehensive Plan and Section 9.5-349 of the Land
Development Regulations (LDRs) respectively, which provided for a reduction of
the shoreline setback for smaller, legally developed lots. The Comprehensive
Plan amendments have been approved by the DCA, while the LOR amendments
are currently under review by that agency.
These changes have caused some confusion as redevelopment is occurring on
lots greater than 4,000 square feet Many of these lots are being redeveloped
with homes much larger than the existing units and causing community concern
as the character is changed and water views from adjacent lots are reduced.
Additionally, owners of RV parks have concerns regarding historically utilized
reduced setbacks for RV parking in those parks.
In the interest of clarity and comprehensiveness, in order to eliminate conflicts
within Section 9.5-349, and in response to the requests of citizens in affected
communities, the Planning Department is proposing additional amendments to
Sections 9.5-349(b) and 9.5-349(0).
II. PROPOSED TEXT CHANGES
Amended language is presented in strikethrough I underline format. The previously
adopted language is included for clarity and is Ilg~ltg:;l~~.
Monroe County Land Development Regulations
Section 9.5-349(b) of the Monroe County Land Development Regulations IS
hereby amended as follows;
Section 9.5~349(b)
(1) Along lawfully altered shorelines including manmade canals,
channels, and basins, principal structures shall be set back at least
twenty (20) feet as measured from the mean high water (MHW)
line, except as allowed in (2), below:
Page 2 of 4
Section 9.5-349(0) of the Monroe County Land Development Regulations is
hereby amended as follows;
Section 9.5-349(0)
(4) All principal structures lawfully existing within the shoreline setback
along manmade canals, channels, or basins, or serving three or
fewer dVJelling units on any shoreline, on parcels less than 4.000
square feet may be rebuilt in the same footprint provided that there
will be no expansion of the footprint within ten (10) feet of the mean
high water (MHW) line and there will be no adverse impacts on
stormwater runoff, navigation or turtle nesting habitat.
(5) In licensed RV parks adjacent to manmade canals, channels. or
basins, road ready vehicles may be parked no closer than ten (10)
feet from the mean high water (MHW) line provided that
a. No previously approved site plan has established shoreline
setbacks greater than ten (10) feet from mean high water
(MHW) for RV parking;
Page 3 of 4
b. The total combined area of all structures, principal and
accessory, does not occuPY more than sixty (60) percent of the
upland area of the required twenty (20) foot shoreline setback;
c. Shoreline veqetation is protected and any required district
boundary buffervards are provided;
d. Open space ratios are maintained;
e. Stormwater runoff from the entire site is manaqed on-site using
Best Management Practices.
III. STAFF RECOMMENDATION
Based on the staff findings and the recommendation of the Planning
Commission, staff recommends APPROVAL of the proposed text changes to
Section 9.5-349 of the Monroe County Land Development Regulations.
Page 4 of 4