Item Q2
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: Q.2
Agenda Item Summary #10302
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
1:30 PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution
Transmitting to the State Land Planning Agency an Ordinance Amending Monroe County
Comprehensive Plan Policy 212.2.4 to Allow Certain Accessory Structures Within the Shoreline
Setback; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Transmittal to the State Land Planning Agency and Secretary of State; Providing for Inclusion in the
Monroe County Comprehensive Plan; Providing for an Effective Date.
ITEM BACKGROUND:
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
and associated updates to the Land Development Code (LDC). The amendments to the LDC
ultimately became effective in February 2017. Upon implementation of the updated Comprehensive
Plan and LDC, the Planning and Environmental Resources Department identified certain regulations
that required revision, including those related to shoreline setbacks. The updated Comprehensive
Plan and LDC, for example, unintentionally restricted the ability to develop a paved or decked
walkway from a house to a docking facility, fishing, swimming, and other piers, and observation
decks.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held virtually on
October 21, 2021 to provide for public input. There were no attendees from the public and three
County staff members.
Development Review Committee and Public Input
The proposed amendments were reviewed by the Development Review Committee at a regular
meeting on October 26, 2021. No members of the public were in attendance, and no further
comments or recommendations were made by staff.
Planning Commission and Public Input
The proposed amendments were reviewed by the Planning Commission meeting on January 26,
2022 and recommended approval of the Ordinance in Planning Commission Resolution P01-22.
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The Monroe County Planning & Environmental Resources Department is proposing to amend Policy
212.2.4 as follows:
Proposed Amendment (deletions are stricken through; additions are shown in underlined):
Policy 212.2.4
Permitted uses and performance standards within the shoreline setback shall be as follows:
Except as provided herein, principal structures shall be set back as follows:
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;
2.!Along lawfully altered shorelines including manmade canals, channels, and basins, for
parcels less than 4,000 square feet that are developed with a lawfully established
principal use, the required setback may be reduced to a minimum of ten (10) feet
provided that the structure is sited so as to protect community character and minimize
environmental impacts by maintaining open space and protecting shoreline vegetation.
3.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which have been altered by the legal placement of fill:
a.!Where a mangrove fringe of at least ten (10) feet in width occurs across the entire
shoreline of the property, principal structures shall be set back at least thirty (30)
feet as measured from the mean high water (MHW) line or the landward extent of
the mangroves, whichever is further inland.
b.!Where no mangrove fringe exists, principal structures shall be set back at least
thirty (30) feet from the mean high water (MHW) line, provided that native
vegetation exists or is planted and maintained in a ten (10) foot width across the
entire shoreline as approved by the County Biologist, and is placed under
conservation easement; otherwise the setback shall be fifty (50) feet as measured
from the mean high water (MHW) line.
c.!On infill lots surrounded by significant development where principal structures
are set back less than fifty (50) feet from mean high water (MHW) or the
landward extent of mangroves, the Director of Planning and Environmental
Resources may evaluate the community character, the presence or absence of
environmental features, and the setbacks on adjacent developed properties within
two parcels on either side of proposed development, and may allow principal
structures to be set back as far as practicable or in line with adjacent principal
structures. In no event shall the setback be less than twenty (20) feet. On
shorelines where the existing pattern of setback is greater than thirty (30) feet, the
greater setback shall apply.
4.!Along unaltered and unlawfully altered shorelines, principal structures shall be set
back fifty (50) feet as measured from the mean high water (MHW) line or the landward
extent of the mangroves, whichever is further landward;
Accessory structures within the shoreline setback shall be designed to meet the following
criteria:
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1.!Along altered shorelines, including manmade canals, channels, and basins:
a.!In no event shall the total, combined area of all structures occupy more than sixty
(60) percent of the upland area of the shoreline setback;
b.!Accessory structures, including, pools and spas shall be set back a minimum of
ten (10) feet, as measured from the mean high water (MHW) line.; With the
exception of docks and erosion control structures, an accessory structure other
than those listed above, not exceeding 18 inches in height as measured from
grade, may be permitted within the 20-foot shoreline setback if the structure is
situated at least one (1) foot from the MHW line and constructed to avoid any off-
site discharge of stormwater from the subject parcel in accordance with the
surface water management requirements of the Land Development Code.
c.!At grade decks not exceeding 6 inches in height as measured from grade may be
permitted within the shoreline setback if the structure is situated at least one (1)
foot from the MHW line and constructed to avoid any off-site discharge of
stormwater from the subject parcel in accordance with the surface water
management requirements of the Land Development Code.
2.!Along open water shorelines which have been altered by the legal placement of fill, and
where a mangrove fringe of at least ten (10) feet in width occurs across the entire
shoreline of the property, or native vegetation exists or is planted and maintained in a ten-
foot (10) width across the entire shoreline of the property and is placed under a grant of
conservation easement running in favor of the County:
a.!In no event shall the total, combined area of all structures occupy more than thirty
(30) percent of the upland area of the shoreline setback;
b.!Accessory structures other than docks and erosion control structures shall be set
back a minimum of fifteen (15) feet, as measured from the mean high water
(MHW) line or the landward extent of the mangroves, whichever is further
landward; and shall be located in upland areas. An exception shall be made for a
maximum four-foot wide walkway to the shoreline or lawfully established
docking facility. One walkway shall be permitted per 100 linear feet of shoreline.
3.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which have been altered by the legal placement of fill, and where no mangrove fringe
exists, and no conservation easement of native shoreline vegetation has been established
in accordance with this policy:
a.!In no event shall the total combined area of all structures occupy more than 30
percent (30%) of the shoreline setback required for the principal structure.
b.!Accessory structures, other than docks and erosion control structures, shall be set
back at least half the distance of the setback required for the principal structure, or
15 feet, whichever is greater, as measured from the MHW line, and shall be
located in upland areas. An exception shall be made for a maximum four-foot
wide walkway connecting the developed area to a lawfully established dock or
water access structure.
4.!Along unaltered or unlawfully altered shorelines:
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a.!In no event shall the total, combined area of all structures occupy more than thirty
(30) percent of the upland area of the shoreline setback required for the principal
structure;
b.!Accessory structures other than docks and erosion control structures shall be set
back a minimum of twenty-five (25) feet, as measured from the mean high water
(MHW) line or the landward extent of the mangroves, whichever is further
landward, and shall be located in upland areas.; An exception shall be made for a
maximum four-foot wide walkway connecting the developed area to a lawfully
established dock or water access structure.
The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan, the Principles for Guiding Development for the Florida Keys
Area, Section 380.0552(7), Florida Statutes and Part II of Chapter 163, Florida Statute (F.S.).
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, private application, or the owner or other person
having a contractual interest in property to be affected by a proposed amendment. The process
for changing the text of the Comprehensive Plan shall follow the process established Chapter
163, Part II, Florida Statutes (163.3184 F.S.) The Director of Planning shall review and process
applications as they are received and pass them onto the Development Review Committee and
the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission
shall review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed amendment to the State Land Planning Agency, and considers the
staff report, staff recommendation, Planning Commission recommendation and the testimony
given at the public hearing. Upon transmittal by the BOCC, the state land planning agency shall
issue a report giving its objections, recommendations, and comments (ORC report) regarding the
proposed plan amendment within 60 days after receipt of the proposed plan or plan amendment.
Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the
amendments with changes or not adopt the amendment. The BOCC holds a public hearing to
consider the adoption of the proposed amendment, and considers the staff report, staff
recommendation, Planning Commission recommendation, the ORC report, and the testimony
given at the public hearing.
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, at a special public meeting, the Monroe County Board of County Commissioners
adopted the Monroe County Year 2030 Comprehensive Plan, via Ordinance No. 005-2016; and
associated Land Development Code amendments via Ordinance 006-2016.
CONTRACT/AGREEMENT CHANGES:
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NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Transmittal Resolution
Exhibit A to Resolution: 2021-067 Ordinance Draft
2021-067 Staff Report
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: NA
Current Year Portion: NA
Budgeted: NA
Source of Funds: NA
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
NA
REVIEWED BY:
Emily Schemper Completed 04/05/2022 2:30 PM
Peter Morris Completed 04/05/2022 4:30 PM
Purchasing Completed 04/05/2022 4:33 PM
Budget and Finance Completed 04/05/2022 4:36 PM
Brian Bradley Completed 04/05/2022 4:38 PM
Lindsey Ballard Completed 04/05/2022 4:45 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2022
11
12 AN RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
14 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
15 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
16 AMENDMENTS TO THE MONROE COUNTY 2030
17 COMPREHENSIVE PLAN TO AMEND POLICY 212.2.4 TO
18 PROVIDE FOR CERTAIN ACCESSORY STRUCTURES IN THE
19 SHORELINE SETBACK; PROVIDING FOR SEVERABILITY;
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
24 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
25 FOR AN EFFECTIVE DATE. (File #2021-067)
26 ______________________________________________________________________________
27
28 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners
29 conducted a public hearing for the purpose of considering the transmittal pursuant to the State
30 Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for
31 objections, recommendations and comments, and to the other Reviewing Agencies as defined in
32 Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe
33 County Year 2030 Comprehensive Plan as described above; and
34
35 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
36 County Commissioners support the requested text amendment;
37
38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
40
41 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
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42 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
43 adoption of the proposed text amendment.
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45 Section 2. The Board of County Commissioners does hereby transmit the proposed
46 amendment to the State Land Planning Agency for review and comment in
Resolution No.____-22 Page 1 of 2
File #2021-067
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1accordance with the State Coordinated Review process pursuant to Section
2163.3184(4), Florida Statutes.
3
4Section 3.The Monroe County staff is given authority to prepare and submit the required
5transmittal letter and supporting documents for the proposed amendment in
6accordance with the requirements of Section 163.3184(4), Florida Statutes.
7
8Section 4.The Clerk of the Board is hereby directed to forward a certified copy of this
9resolution to the Director of Planning.
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11PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County,
th
12Florida, at a regular meeting held on the 20day ofApril,2022.
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17Commissioner District ThreeVACANT
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21BOARD OF COUNTY COMMISSIONERS
22OF MONROE COUNTY, FLORIDA
23
24By:__________________________
25MAYOR DAVID RICE
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4/5/22
29
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31(SEAL)
32ATTEST: KEVIN MADOK, CLERK
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35By:___________________________
36AS DEPUTY CLERK
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ResolutionNo.____-22 Page 2of 2
File #2021-067
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6MONROE COUNTY, FLORIDA
7MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8ORDINANCE NO. ____ - 2022
9
10AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
122030 COMPREHENSIVE PLAN TO AMEND POLICY 212.2.4 TO PROVIDE
13FOR CERTAIN ACCESSORY STRUCTURES IN THE SHORELINE SETBACK;
14PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
15CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
16STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
17PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
18MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
19EFFECTIVE DATE.
20
21WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the
22local legislature of Monroe County, Florida; and
23
24WHEREAS, at a special meeting of the Monroe County Board of County Commissioners
25) held on April 16, 2016, the BOCC adopted Ordinance No.
26005-2016 adopting the Monroe County 2030 Comprehensive Plan ); and
27
28WHEREAS, the requested amendment to the 2030 Comprehensive Plan is to provide for certain
29accessory structures in the shoreline setback which were not included in Ordinance 005-2016; and
30
31WHEREAS, the Monroe County Planning and Environmental Resources Department
32 conducted a Community meeting on October 21, 2021, to review the proposed
33amendment and to receive public comment; and
34
35WHEREAS, the Monroe County Development Review Committee () held a duly
36advertised public meeting on October 26, 2021, to consider adoption of amendment to Comprehensive
37Plan Policy 212.2.4, and provided an additional opportunity for further public comment; and
38
39WHEREAS, the Monroe County Planning Commission held
40a duly noticed public hearing on January 26, 2022, to review and consider the proposed amendment to
41Policy 212.2.4 and adopted Resolution No. P01-22, recommending approval to the Monroe County Board
42of County Commissioners; and
43
BOCC Ordinance -22 Page 1 of 6
File #2021-067
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1WHEREAS, on April 20, 2022 the Monroe County Board of County Commissioners held a public
2hearing, considered the staff report, and provided for public comment and public participation in
3accordance with the requirements of state law and the procedures adopted for public participation in the
4planning process; and
5
6WHEREAS, at the April 20, 2022 public hearing, the BOCC voted to transmit the proposed
7amendments to DEO to review the proposal; and
8
9WHEREAS, at the April 20, 2022 public hearing, the BOCC adopted Resolution ________,
10transmitting the proposed text amendment to the State Land Planning Agency; and
11
12WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections,
13Recommendations and Comments (ORC) report, received by the County on __________________; and
14
15WHEREAS, _________________________________________;
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17WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
18amendment, adopt the amendment with changes or not adopt the amendment; and
19
20WHEREAS, on _________________, the BOCC held a public hearing to consider adoption of
21the proposed Comprehensive Plan text amendment; and
22
23WHEREAS, Monroe County policies and regulations adopted in the Monroe County
24Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
25the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
26development; and
27
28WHEREAS, based upon the documentation submitted and information provided in the
29accompanying staff report, the Monroe County Board of County Commissioners makes the following
30Conclusions of Law:
311.!The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
32Monroe County Comprehensive Plan; and
332.!The proposed amendment is consistent with the Principles for Guiding Development for the
34Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
353.!The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
36
37NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
38COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
39
40Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but
41 are true and correct, and are hereby incorporated as if fully stated
42herein.
43
44Section 2. The Monroe County 2030 Comprehensive Plan is hereby amended as follows
45(deletions are stricken through; additions are underlined):
46
BOCC Ordinance -22 Page 2 of 6
File #2021-067
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1Policy 212.2.4
2Permitted uses and performance standards within the shoreline setback shall be as follows:
3Except as provided herein, principal structures shall be set back as follows:
41.!Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures
5shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line;
62.!Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less
7than 4,000 square feet that are developed with a lawfully established principal use, the required setback
8may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect
9community character and minimize environmental impacts by maintaining open space and protecting
10shoreline vegetation.
113.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have
12been altered by the legal placement of fill:
13a.!Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the
14property, principal structures shall be set back at least thirty (30) feet as measured from the mean
15high water (MHW) line or the landward extent of the mangroves, whichever is further inland.
16b.!Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from
17the mean high water (MHW) line, provided that native vegetation exists or is planted and
18maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist,
19and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as
20measured from the mean high water (MHW) line.
21c.!On infill lots surrounded by significant development where principal structures are set back less
22than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the
23Director of Planning and Environmental Resources may evaluate the community character, the
24presence or absence of environmental features, and the setbacks on adjacent developed properties
25within two parcels on either side of proposed development, and may allow principal structures to
26be set back as far as practicable or in line with adjacent principal structures. In no event shall the
27setback be less than twenty (20) feet. On shorelines where the existing pattern of setback is greater
28than thirty (30) feet, the greater setback shall apply.
294.!Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50) feet
30as measured from the mean high water (MHW) line or the landward extent of the mangroves,
31whichever is further landward;
32
33Accessory structures within the shoreline setback shall be designed to meet the following criteria:
34
351.!Along altered shorelines, including manmade canals, channels, and basins:
36
37a.!In no event shall the total, combined area of all structures occupy more than sixty (60) percent of
38the upland area of the shoreline setback;
39b.!Accessory structures, including, pools and spas shall be set back a minimum of ten (10) feet, as
40measured from the mean high water (MHW) line.; With the exception of docks and erosion control
41structures, an accessory structure other than those listed above, not exceeding 18 inches in height
42as measured from grade, may be permitted within the 20-foot shoreline setback if the structure is
43situated at least one (1) foot from the MHW line and constructed to avoid any off-site discharge
44of stormwater from the subject parcel in accordance with the surface water management
45requirements of the Land Development Code.
BOCC Ordinance -22 Page 3 of 6
File #2021-067
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1c.!At grade decks not exceeding 6 inches in height as measured from grade may be permitted within
2the shoreline setback if the structure is situated at least one (1) foot from the MHW line and
3constructed to avoid any off-site discharge of stormwater from the subject parcel in accordance
4with the surface water management requirements of the Land Development Code.
52.!Along open water shorelines which have been altered by the legal placement of fill, and where a
6mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, or
7native vegetation exists or is planted and maintained in a ten-foot (10) width across the entire shoreline
8of the property and is placed under a grant of conservation easement running in favor of the County:
9
10a.!In no event shall the total, combined area of all structures occupy more than thirty (30) percent of
11the upland area of the shoreline setback;
12b.!Accessory structures other than docks and erosion control structures shall be set back a minimum
13of fifteen (15) feet, as measured from the mean high water (MHW) line or the landward extent of
14the mangroves, whichever is further landward; and shall be located in upland areas. An exception
15shall be made for a maximum four-foot wide walkway to the shoreline or lawfully established
16docking facility. One walkway shall be permitted per 100 linear feet of shoreline.
17
183.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have
19been altered by the legal placement of fill, and where no mangrove fringe exists, and no conservation
20easement of native shoreline vegetation has been established in accordance with this policy:
21
22a.!In no event shall the total combined area of all structures occupy more than 30 percent (30%) of
23the shoreline setback required for the principal structure.
24
25b.!Accessory structures, other than docks and erosion control structures, shall be set back at least
26half the distance of the setback required for the principal structure, or 15 feet, whichever is
27greater, as measured from the MHW line, and shall be located in upland areas. An exception
28shall be made for a maximum four-foot wide walkway connecting the developed area to a
29lawfully established dock or water access structure.
30
314.!Along unaltered or unlawfully altered shorelines:
32
33a.!In no event shall the total, combined area of all structures occupy more than thirty (30) percent of
34the upland area of the shoreline setback!required for the principal structure;
35b.!Accessory structures other than docks and erosion control structures shall be set back a minimum
36of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward extent
37of the mangroves, whichever is further landward, and shall be located in upland areas.; An
38exception shall be made for a maximum four-foot wide walkway connecting the developed area
39to a lawfully established dock or water access structure.
40
41* * *
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BOCC Ordinance -22 Page 4 of 6
File #2021-067
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1Section 3. Construction and Interpretation. This ordinance and its interpretation shall be liberally
2construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
3policy(ies) of the County. The construction and interpretation of this ordinanceand all
4Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes,
5and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or
6is interpreted in connection with this ordinance shall be liberally construed and enforced in
7favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the County,
8and shall be construed in favor of the BOCC and such construction and interpretation shall
9be entitled to great weight in adversarial administrative proceedings, in trial, bankruptcy,
10and on appeal.
11
12Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
13have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
14governmental, and any other similar defense, immunity, exemption, or protection against
15any suit, cause-of-action, demand, or liability.
16
17Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held to
18be invalid or unenforceable by any administrative hearing officer or court of competent
19jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
20thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
21provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other
22provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue
23unimpaired in full force and effect.
24
25Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
26hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
27repeal the repealing clause of such ordinance or revive any ordinance which has been
28repealed thereby.
29
30Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
31Agency pursuant to Chapter 163 and 380, Florida Statutes.
32
33Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
34State of Florida, but shall not become effective until a notice is issued by the Florida
35State Land Planning Agency or Administration Commission finding the amendment in
36compliance with Chapter 163, F.S., and if challenged until such challenge is resolved.
37
38Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment shall be
39incorporated in the Monroe County Comprehensive Plan. The numbering of the
40foregoing amendment may be renumbered to conform to the numbering in the Monroe
41County Comprehensive Plan.
42
43PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
44at a regular meeting held on the ___________ day of ___________________, 2022.
45
46
BOCC Ordinance -22 Page 5 of 6
File #2021-067
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4Commissioner District Three VACANT
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7BOARD OF COUNTY COMMISSIONERS
8 OF MONROE COUNTY, FLORIDA
9
10 By: __________________________
11 MAYOR DAVID RICE
12
13
14
15
16
17(SEAL)
18ATTEST: KEVIN MADOK, CLERK
19
20
21By: ___________________________
22 AS DEPUTY CLERK
23
24
25
26___________________________________
27As Deputy Clerk
28
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1
2
3
4
5MEMORANDUM
6M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
7
8To: Monroe County Board of County Commissioners
9
10Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12From: Michael Roberts, CEP; PWS; Assistant Director Environmental Resources
13
14Date: February 18, 2022
15
16Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
17COMMISSIONERS AMENDING POLICY 212.2.4 OF THE MONROE COUNTY
182030 COMPREHENSIVE PLAN TO ALLOW CERTAIN ACCESSORY
19STRUCTURES WITHIN THE SHORELINE SETBACK; PROVIDING FOR
20SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
21PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
22PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
23AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
24COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE
252021-067)
26
27Meeting: March 16, 2022
28
29I.!REQUEST
30
31The Monroe County Planning & Environmental Resources Department is proposing an amendment to the
322030 Comprehensive Plan to amend Policy 212.2.4 to allow the following within the shoreline setbacks,
33with certain conditions:
34!certain accessory structures not exceeding 18 inches in height
35!at grade decks not exceeding 6 inches in height
36!four-foot wide walkway to the shoreline or docking facility
37
38II. BACKGROUND INFORMATION
39
40On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and
41associated updates to the Land Development Code (LDC). The amendments to the LDC ultimately
42became effective in February 2017. Upon implementation of the updated Comprehensive Plan and LDC,
43the Planning and Environmental Resources Department identified certain regulations that required
44revision, including those related to shoreline setbacks. The updated Comprehensive Plan and LDC, for
45example, unintentionally restricted the ability to develop a paved or decked walkway from a house to a
46docking facility, fishing, swimming, and other piers, and observation decks. Staff is proposing
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1amendments to provide reasonable access by allowing certain accessory structures within the shoreline
2setback.
3
4Staff is proposing a corresponding amendment to LDC Section118-12. The subject of this staff report is
5the proposed amendment to Policy 212.2.4 of the Comprehensive Plan.
6______________
7
8Community Meeting and Public Participation
9In accordance with LDC Section 102-159(b)(3), a Community Meeting was held virtually on October 21,
102021 to provide for public input. There were no attendees from the public and three County staff members.
11
12Development Review Committee and Public Input
13The proposed amendments were reviewed by the Development Review Committee at a regular meeting
14on October 26, 2021. No members of the public were in attendance, and no further comments or
15recommendations were made by staff.
16
17Planning Commission and Public Input
18The proposed amendments were reviewed by the Planning Commission meeting on January 26, 2022 and
19recommended approval of the Ordinance in Planning Commission Resolution P01-22.
20
21Previous County Action
22On January 14, 2015, the BOCC held an advertised special public hearing and provided for public
23comment and public participation and approved transmittal of EAR related comprehensive plan
24amendments (the Monroe County Year 2030 Comprehensive Plan) to the State Land Planning Agency
25and Reviewing Agencies for review and comment.
26
27On September 2, 2015, the BOCC held public hearings to review and discuss proposed amendments to
28the Land Development Code to be consistent with the transmitted Monroe County Year 2030
29Comprehensive Plan, the results of the Comprehensive Plan Technical Document update, the adopted
302012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter.
31Chapters reviewed at the September hearing included, among others, Chapter 118 - Environmental
32Protection.
33
34On April 13, 2016, at a special public meeting, the Monroe County Board of County Commissioners
35adopted the Monroe County Year 2030 Comprehensive Plan, via Ordinance No. 005-2016; and associated
36Land Development Code amendments via Ordinance 006-2016.
37
38
39III.!PROPOSED 2030 COMPREHENSIVE PLAN TEXT AMENDMENTS
40
41Proposed Amendment (deletions are stricken through; additions are shown in underlined):
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42
43Policy 212.2.4
44Permitted uses and performance standards within the shoreline setback shall be as follows:
45Except as provided herein, principal structures shall be set back as follows:
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11.!Along lawfully altered shorelines including manmade canals, channels, and basins, principal
2structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW)
3line;
42.!Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less
5than 4,000 square feet that are developed with a lawfully established principal use, the required
6setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to
7protect community character and minimize environmental impacts by maintaining open space and
8protecting shoreline vegetation.
93.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have
10been altered by the legal placement of fill:
11a.!Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline
12of the property, principal structures shall be set back at least thirty (30) feet as measured
13from the mean high water (MHW) line or the landward extent of the mangroves, whichever
14is further inland.
15b.!Where no mangrove fringe exists, principal structures shall be set back at least thirty (30)
16feet from the mean high water (MHW) line, provided that native vegetation exists or is
17planted and maintained in a ten (10) foot width across the entire shoreline as approved by
18the County Biologist, and is placed under conservation easement; otherwise the setback
19shall be fifty (50) feet as measured from the mean high water (MHW) line.
20c.!On infill lots surrounded by significant development where principal structures are set back
21less than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves,
22the Director of Planning and Environmental Resources may evaluate the community
23character, the presence or absence of environmental features, and the setbacks on adjacent
24developed properties within two parcels on either side of proposed development, and may
25allow principal structures to be set back as far as practicable or in line with adjacent
26principal structures. In no event shall the setback be less than twenty (20) feet. On
27shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater
28setback shall apply.
294.!Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50)
30feet as measured from the mean high water (MHW) line or the landward extent of the mangroves,
31whichever is further landward;
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32Accessory structures within the shoreline setback shall be designed to meet the following criteria:
331.!Along altered shorelines, including manmade canals, channels, and basins:
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1a.!In no event shall the total, combined area of all structures occupy more than sixty (60)
2percent of the upland area of the shoreline setback;
3b.!Accessory structures, including, pools and spas shall be set back a minimum of ten (10)
4feet, as measured from the mean high water (MHW) line.; With the exception of docks and
5erosion control structures, an accessory structure other than those listed above, not
6exceeding 18 inches in height as measured from grade, may be permitted within the 20-
7foot shoreline setback if the structure is situated at least one (1) foot from the MHW line
8and constructed to avoid any off-site discharge of stormwater from the subject parcel in
9accordance with the surface water management requirements of the Land Development
10Code.
11c.!At grade decks not exceeding 6 inches in height as measured from grade
12may be permitted within the shoreline setback if the structure is situated
13at least one (1) foot from the MHW line and constructed to avoid any off-
14site discharge of stormwater from the subject parcel in accordance with
15the surface water management requirements of the Land Development
16Code.
172.!Along open water shorelines which have been altered by the legal placement of fill, and where a
18mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property,
19or native vegetation exists or is planted and maintained in a ten-foot (10) width across the entire
20shoreline of the property and is placed under a grant of conservation easement running in favor of
21the County:
22a.!In no event shall the total, combined area of all structures occupy more than thirty (30)
23percent of the upland area of the shoreline setback;
24b.!Accessory structures other than docks and erosion control structures shall be set back a
25minimum of fifteen (15) feet, as measured from the mean high water (MHW) line or the
26landward extent of the mangroves, whichever is further landward; and shall be located in
27upland areas. An exception shall be made for a maximum four-foot wide walkway to the
28shoreline or lawfully established docking facility. One walkway shall be permitted per 100
29linear feet of shoreline.
303.!Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have
31been altered by the legal placement of fill, and where no mangrove fringe exists, and no
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32conservation easement of native shoreline vegetation has been established in accordance with this
33policy:
34a.!In no event shall the total combined area of all structures occupy more than 30
35percent (30%) of the shoreline setback required for the principal structure.
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1b.!Accessory structures, other than docks and erosion control structures, shall be set
2back at least half the distance of the setback required for the principal structure, or
315 feet, whichever is greater, as measured from the MHW line, and shall be located
4in upland areas. An exception shall be made for a maximum four-foot wide
5walkway connecting the developed area to a lawfully established dock or water
6access structure.
74.!Along unaltered or unlawfully altered shorelines:
8a.!In no event shall the total, combined area of all structures occupy more than thirty (30)
9percent of the upland area of the shoreline setback required for the principal structure;
10b.!Accessory structures other than docks and erosion control structures shall be set back a
11minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or
12the landward extent of the mangroves, whichever is further landward, and shall be located
13in upland areas.; An exception shall be made for a maximum four-foot wide walkway
14connecting the developed area to a lawfully established dock or water access structure.
15
16IV.!CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
17PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
18
19A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
20County 2030 Comprehensive Plan. Specifically, it furthers:
21
22 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
23 County residents and visitors, and protect valuable natural resources.
24
25 GOAL 212: Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development
26 in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County.
27
28 Objective 212.2
29 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts,
30 aesthetic impacts, and hydrologic impacts of shoreline development.
31
32 GOAL 213: Monroe County shall ensure adequate public access to the beach or shoreline.
33
34B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
35Area, Section 380.0552(7), Florida Statutes.
36
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37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
38 principles for guiding development and any amendments to the principles, the principles shall be construed as
39 a whole and no specific provision shall be construed or applied in isolation from the other provisions.
40
41(a)!Strengthening local government capabilities for managing land use and development so that local
42 government is able to achieve these objectives without continuing the area of critical state concern
43 designation.
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1(b)!Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
2 wetlands, fish and wildlife, and their habitat.
3(c)!Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
4 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their
5 habitat.
6(d)!Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
7 development.
8(e)!Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
9(f)!Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
10 ensuring that development is compatible with the unique historic character of the Florida Keys.
11(g)!Protecting the historical heritage of the Florida Keys.
12(h)!Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
13 public investments, including:
14
15 1.!The Florida Keys Aqueduct and water supply facilities;
16 2.!Sewage collection, treatment, and disposal facilities;
17 3.!Solid waste treatment, collection, and disposal facilities;
18 4.!Key West Naval Air Station and other military facilities;
19 5.!Transportation facilities;
20 6.!Federal parks, wildlife refuges, and marine sanctuaries;
21 7.!State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
22 8.!City electric service and the Florida Keys Electric Co-op; and
23 9.!Other utilities, as appropriate.
24(i)!Protecting and improving water quality by providing for the construction, operation, maintenance, and
25 replacement of stormwater management facilities; central sewage collection; treatment and disposal
26 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal
27 systems.
28(j)!Ensuring the improvement of nearshore water quality by requiring the construction and operation of
29 wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as
30 applicable, and by directing growth to areas served by central wastewater treatment facilities through permit
31 allocation systems.
32(k)!Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
33(l)!Making available adequate affordable housing for all sectors of the population of the Florida Keys.
34(m)!Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
35 manmade disaster and for a postdisaster reconstruction plan.
36(n)!Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
37 Florida Keys as a unique Florida resource.
38
39 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
40 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
41
42C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
43Specifically, the amendment furthers:
44
45 163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve and enhance
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46 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
47 public interest; overcome present handicaps; and deal effectively with future problems that may result from
48 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
49 it is intended that units of local government can preserve, promote, protect, and improve the public health,
50 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
51 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
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1 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
2 protect natural resources within their jurisdictions.
3
4 163.3161(6), F.S. It is the intent of this act that adopted comprehensive plans shall have the legal status set
5 out in this act and that no public or private development shall be permitted except in conformity with
6 comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act.
7
8 163.3177(1), F.S. The comprehensive plan shall provide the principles, guidelines, standards, and strategies
9 for the orderly and balanced future economic, social, physical, environmental, and fiscal development of
10 the area that reflects community commitments to implement the plan and its elements. These principles and
11 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
12 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
13 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
14 gover
15 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
16 require the inclusion of implementing regulations in the comprehensive plan but rather to require
17 identification of those programs, activities, and land development regulations that will be part of the strategy
18 for implementing the comprehensive plan and the principles that describe how the programs, activities, and
19 land development regulations will be carried out. The plan shall establish meaningful and predictable
20 standards for the use and development of land and provide meaningful guidelines for the content of more
21 detailed land development and use regulations.
22
23 163.3201, F.S. Relationship of comprehensive plan to exercise of land development regulatory authority.It
24 is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part,
25 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
26 within an area. It is the intent of this act that the adoption and enforcement by a governing body of
27 regulations for the development of land or the adoption and enforcement by a governing body of a land
28 development code for an area shall be based on, be related to, and be a means of implementation for an
29 adopted comprehensive plan as required by this act.
30
31 163.3202(1), F.S. Land development regulations. Within 1 year after submission of its comprehensive plan
32 or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall
33 adopt or amend and enforce land development regulations that are consistent with and implement their
34 adopted comprehensive plan.
35
36V.!PROCESS
37
38Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the Planning
39Commission, the Director of Planning, private application, or the owner or other person having a
40contractual interest in property to be affected by a proposed amendment. The process for changing the
41text of the Comprehensive Plan shall follow the process established Chapter 163, Part II, Florida Statutes
42(163.3184 F.S.) The Director of Planning shall review and process applications as they are received and
43pass them onto the Development Review Committee and the Planning Commission.
44
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45The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
46the application, the reports and recommendations of the Department of Planning & Environmental
47Resources and the Development Review Committee and the testimony given at the public hearing. The
48Planning Commission shall submit its recommendations and findings to the Board of County
49Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
50amendment to the State Land Planning Agency, and considers the staff report, staff recommendation,
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1Planning Commission recommendation and the testimony given at the public hearing. Upon transmittal
2by the BOCC, the state land planning agency shall issue a report giving its objections, recommendations,
3and comments (ORC report) regarding the proposed plan amendment within 60 days after receipt of the
4proposed plan or plan amendment. Upon receipt of the ORC report, the County has 180 days to adopt the
5amendments, adopt the amendments with changes or not adopt the amendment. The BOCC holds a public
6hearing to consider the adoption of the proposed amendment, and considers the staff report, staff
7recommendation, Planning Commission recommendation, the ORC report, and the testimony given at the
8public hearing.
9
10VI.!STAFF RECOMMENDATION
11
12Staff recommends approval of the proposed amendment.
13
14
15VIII. EXHIBITS
16
171.!Draft Ordinance
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