Item Q3
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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.3
Agenda Item Summary #10459
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2500
1:30 pm PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution
Transmitting to the State Land Planning Agency an Ordinance Proposing Amendments to
Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, Related to Elevation of Existing
Residential Dwelling Units, As Continued from the March 16, 2022, BOCC Transmittal Hearing
Regarding the Evaluation and Appraisal (EA) Amendments to the 2030 Comprehensive Plan.
ITEM BACKGROUND:
hearing to consider transmittal to the State Land Planning Agency of a set of amendments to the
Monroe County Year 2030 Comprehensive Plan. During that hearing, staff requested that proposed
changes to Policy 101.5.34 and Policy 101.9.4 related to the elevation of lawfully existing residential
dwelling units be continued to the April 20, 2022, BOCC meeting and be transmitted as a separate
ordinance, in order to allow for additional revisions and coordination with the Monroe County Land
Authority (- administering the FEMA home elevation grant program) and the Florida
Department
After reviewing with MCLA and DEO, staff is proposing the following proposed amendments to
Policy 101.5.34 and Policy 101.9.4:
Policy 101.5.34
Notwithstanding the open space provisions set forth in Policy 101.5.25 and Chapter 130
of the Land Development Code and the minimum required setbacks in Chapters 130 and
131 of the Land Development Code, a lawfully-existing residential dwelling unit, not
including mobile homes, may be elevated above base flood level to reduce flood damage,
pursuant to:
The lawfully-existing dwelling unit structure is elevated within the original
(existing) footprint of the structure.
Setbacks and land use open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet or
exceed flood levels. The necessary improvements are limited to ingress/egress
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structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be
the minimum necessary to provide access to the structure that is in compliance
with fire code requirements.
Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and electrical
systems, appliances and components) situated at least two (2) feet from the side
yard property line or at least five (5) feet from the rear yard property line. In no
event shall the total combined area of all accessory structures occupy more than
80 percent (80%) of the required side yard setback area or 60 percent (60%) of the
required rear yard setback area.
Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
The improvements shall be constructed to avoid off-site discharge of stormwater
from the subject parcel, in accordance with Section 114-3 of the Monroe County
Land Development Code.
Development shall maintain compliance to the maximum extent practicable, as
determined by the Planning Director.
This Policy does not waive any required minimum vegetated setbacks adjacent to
wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any
encroachments to a conservation easement.
This Policy does not restrict a property owner from proposing other additions or
improvements to the elevated dwelling unit, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity or cause
a further violation to an existing nonconformity.
New or substantial improvement or reconstruction of single-family dwelling units
shall comply with the setback and open space provisions set forth in Policy
101.5.25 and in Chapters 130 and 131 of the Monroe County Land Development
Code.
* * *
Policy 101.9.4
With the following exception, nonconforming structures which are damaged or destroyed
so as to require substantial improvement shall be repaired or restored in conformance
with all applicable provisions of the current Monroe County Code. Substantial
improvement or reconstruction of nonconforming single-family dwelling units homes
shall comply with the setback and open space provisions set forth in Policy 101.5.25 and
in Chapters 130 and 131 of the Monroe County Land Development Code except where
strict compliance would result in a reduction in lot coverage as compared to the pre-
destruction footprint of the dwelling unit house. In such cases, the previously approved
open space ratio shall be applied; and the maximum shoreline setback shall be maintained
and in no event shall the shoreline setback be less than ten (10) feet from mean high
water.
To further post disaster recovery and resiliency, notwithstanding the open space
provisions set forth in Policy 101.5.25 and Chapter 130 of the Land Development Code
and the minimum required setbacks in Chapters 130 and 131 of the Land Development
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Code, a nonconforming lawfully-existing residential dwelling unit, not including mobile
homes, may be retrofitted to elevate the structure above base flood level to reduce flood
damage, pursuant to:
The lawfully-existing dwelling unit structure may maintain its existing setbacks
and open space, even if nonconforming, provided the structure is elevated within
the original (existing) footprint of the structure.
Setbacks and land use open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet or
exceed flood levels. The necessary improvements are limited to ingress/egress
structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be
the minimum necessary to provide access to the structure that is in compliance
with fire code requirements.
Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and electrical
systems, appliances and components) situated at least two (2) feet from the side
yard property line or at least five (5) feet from the rear yard property line. In no
event shall the total combined area of all accessory structures occupy more than
80 percent (80%) of the required side yard setback area or 60 percent (60%) of the
required rear yard setback area.
Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
The improvements shall be constructed to avoid off-site discharge of stormwater
from the subject parcel, in accordance with Section 114-3 of the Monroe County
Land Development Code.
This Policy does not waive any required minimum vegetated setbacks adjacent to
wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any
encroachments to a conservation easement.
This Policy does not restrict a property owner from proposing other additions or
improvements to the elevated dwelling unit, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity or cause
a further violation to an existing nonconformity.
(Ord. No. 039-2019 , § 1, 10-16-2019)
The original staff report from the March 16, 2022, transmittal hearing is attached. Since that time,
staff is proposing the revisions above in order to better accommodate the needs of existing
residential structures for which elevation above required flood heights has been determined to be
feasible. Such retrofitting of existing construction allows the homeowner to reuse materials, energy,
and other resources expended in the original construction of the home; offers solutions to
homeowners that may be more economically advantageous than complete reconstruction; and
encourages property owners to make their homes more resilient to storm events and sea level rise.
Information below this line is Item Background from the original March 16, 2022 transmittal item.
_____________________________
Monroe County must complete amendments to reflect and satisfy changes in statutory requirements
as Evaluation and Appraisal (EA) amendments which are required to be transmitted to the
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Department of Economic Opportunity (DEO) by April 22, 2022. If the County fails to update the
Comprehensive Plan pursuant to EA requirements, it cannot amend the Comprehensive Plan until
such time as it complies with the EA requirements.
The Monroe County Planning and Environmental Resources Department is proposing Evaluation
and Appraisal (EA) amendments to the 2030 Comprehensive Plan to update the Comprehensive
Plan to reflect changes in statutory and rule requirements; to update deadlines within the
Comprehensive Plan, to eliminate accomplished or obsolete provisions, to make corrections to text
and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions and
recent data, trends, issues and challenges.
_____________________________
Monroe ort (EAR) was adopted by the Monroe
on May 22, 2012 via Resolution No. 150-2012.
The County prepared Comprehensive Plan amendments in accordance with the 2012 EAR.
After statutory updates to Florida Statute Section 163.3191, DEO revised the Monroe County
evaluation and appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida
.A.C. On April 23, 2014, the BOCC approved the EAR Notification
Letter to DEO which specified the necessary Plan amendments required to reflect changes in
requirements in state statutes. The County prepared Comprehensive Plan amendments in accordance
with the 2014 EAR notification letter.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No.005-
-based amendments. The Monroe County Year 2030
Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO website
on June 20, 2016.
Monroe County must evaluate its Comprehensive Plan every seven (7) years and determine if Plan
amendments are necessary to reflect changes in state requirements (i.e., does the County need to
update its Comprehensive Plan to satisfy statutory requirements).
163.3191 Evaluation and Appraisal of Comprehensive Plan.
(1) At least once every 7 years, each local government shall evaluate its comprehensive plan
to determine if plan amendments are necessary to reflect changes in state requirements in
this part since the last update of the comprehensive plan, and notify the state land planning
agency as to its determination.
(2) If the local government determines amendments to its comprehensive plan are necessary
to reflect changes in state requirements, the local government shall prepare and transmit
within 1 year such plan amendment or amendments for review pursuant to s. 163.3184.
(3) Local governments are encouraged to comprehensively evaluate and, as necessary,
update comprehensive plans to reflect changes in local conditions. Plan amendments
transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4).
(4) If a local government fails to submit its letter prescribed by subsection (1) or update its
plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it
complies with this section.
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(5) The state land planning agency may not adopt rules to implement this section, other than
procedural rules or a schedule indicating when local governments must comply with the
requirements of this section.
The professional staff of the Monroe County Planning and Environmental Resources Department
conducted a review of the changes to the Florida Statutes (2012-March 2021) and determined two
(2) amendments to its Comprehensive Plan were necessary to reflect changes in state requirements
for the Peril of Flood legislation (F.S. Section 163.3178(2)(f)) and the revision of the definition of
(F.S. Section 380.04; F.S. Section 163.3221; and referenced in F.S.
163.3164(14)). Excerpts of the changes to the pertinent statutory provisions are provided below. The
associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are attached as
Exhibit 4.
At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO with the two identified required updates and
other potential updates to the Comprehensive Plan, which were not required and do not get included
in the notification letter to DEO, but have been found by staff to be needed, such as:
1) Update the Rule 28-20 references within the comprehensive plan to reflect the recently
adopted Administration Commission Rule 28-20.140, F.A.C., with the updated Work
Program (mainly canal restoration work program).
CHHA) depiction on the Future Land
modeling.
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3) Extending the deadlines (or eliminating) within the comprehensive plan (policies stating
within X years after the adoption of the comprehensive plan
already passed); and
4) General text updates, corrections to text and removing grammatical errors and clean-up of
policies
On
Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the
necessary Plan amendments required to reflect changes in requirements in the Florida Statutes: 1)
Update Comprehensive Plan to address the Peril of Flood legislation and 2) Update Comprehensive
P
Pursuant to Florida Statute Section 163.3191, and Rule 73C-rent
evaluation and appraisal notification letter deadline to DEO was May 1, 2021. The County
transmitted its evaluation and appraisal (EA) notification letter to DEO on April 21, 2021.
On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of
the date of its adoption its next proposed plan amendment that is initiated after July 1, 2021, or the
date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section
statutory requirement. The associated Laws of Florida for this update is also included within Exhibit
4.
_____________________________
Community Meeting and Public Participation
In accordance with Section 102-159(b)(3), a Community Meeting
was held on October 14, 2021, to provide for public input. There was one (1) member of the public
in attendance.
Development Review Committee and Public Input
The Monroe County Development Review Committee considered the proposed amendment at a
regular meeting on November 15, 2021, and received public input.
Planning Commission and Public Input
The Monroe County Planning Commission considered the proposed amendment at a regular meeting
on January 26, 2022, provided for public input, and recommended approval with proposed changes
to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh rabbit habitat and buffer area
within the MIAI boundary and to Objective 108.1 to add the County will encourage effective
communication and coordination with Naval Air Station Key West and the other military
activities/facilities within unincorporated Monroe County.
------------------
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
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interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them on to the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one (1) public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Monroe County Planning and
Environmental Resources Department 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. The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the Monroe County
Planning anstaff report, professional staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. 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.
PREVIOUS RELEVANT BOCC ACTION:
22, 2012 via Resolution No. 150-2012.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-
-based amendments.
At the February 17, 2021 BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO.
On April 21, 2021, the Boa
Evaluation and Appraisal Notification Letter to DEO.
On March 16, 2022, the BOCC held a public hearing to consider transmittal to the State Land
Planning Agency of the EAR-based amendments to the Monroe County Year 2030 Comprehensive
Plan, and, during that hearing, continued the hearing for proposed changes to Policy 101.5.34 and
Policy 101.9.4 related to the elevation of lawfully existing residential dwelling units to the April 20,
2022 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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Transmittal_Resolution
Exhibit A to Resolution_Ordinance
Professional Staff Report - 2021-129_SR_CP_EAR based amendments_BOCC
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 04/05/2022 1:44 PM
Peter Morris Completed 04/05/2022 4:15 PM
Purchasing Completed 04/05/2022 4:18 PM
Budget and Finance Completed 04/05/2022 4:28 PM
Brian Bradley Completed 04/05/2022 4:31 PM
Lindsey Ballard Completed 04/05/2022 4:44 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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1
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5
6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. ____ - 2022
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN
12 ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE PLAN
13 TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
14 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN SPACE
15 REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING RESIDENTIAL
16 DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED AS PART OF
17 THE EVALUATION AND APPRAISAL AMENDMENTS TO THE MONROE COUNTY
18 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN LOCAL CONDITIONS
19 AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
22 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
23 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
24 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2021-129)
25 ______________________________________________________________________________
26
27 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners
28 conducted a public hearing for the purpose of considering the transmittal pursuant to the State
29 Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for
30 objections, recommendations and comments, and to the other Reviewing Agencies as defined in
31 Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe
32 County Year 2030 Comprehensive Plan as described above; and
33
34 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
35 County Commissioners support the requested text amendment;
36
37 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
41 Planning Commission to transmit the draft ordinance including proposed creation
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42 of Policy 101.5.34, and proposed amendments to Policy 101.9.4 related to elevation
43 of existing dwelling units, attached as Exhibit A, for adoption of the proposed text
44 amendment.
45
46 Section 2. The Board of County Commissioners does hereby transmit the proposed
47 amendment to the State Land Planning Agency for review and comment in
Resolution No. - 2022 Page 1 of 2
File 2021-129
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48 accordance with the State Coordinated Review process pursuant to Section
49 163.3184(4), Florida Statutes.
50
51 Section 3.The Monroe County staff is given authority to prepare and submit the required
52 transmittal letter and supporting documents for the proposed amendment in
53 accordance with the requirements of Section 163.3184(4), Florida Statutes.
54
55 Section 4.The Clerk of the Board is hereby directed to forward a certified copy of this
56 resolution to the Director of Planning.
57
58 PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County,
59 Florida, at a regular meeting held on April 20,2022.
60
61 Mayor David Rice_______
62 Mayor Pro Tem Craig Cates_______
63 CommissionerMichelle Coldiron_______
64 Commissioner District ThreeVACANT
65 Commissioner Holly Merrill Raschein_______
66
67 BOARD OF COUNTY COMMISSIONERS
68 OF MONROE COUNTY, FLORIDA
69
70 By:______________________________
71 MAYOR DAVID RICE
72
73
74
4/5/22
75(SEAL)
76 ATTEST: KEVIN MADOK, CLERK
77
78
79 By:___________________________
80 AS DEPUTY CLERK
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Resolution No. -2022Page 2of 2
File 2021-129
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1
2
3
4
5MONROE COUNTY, FLORIDA
6MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8ORDINANCE NO. -2022
9
10AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE
11PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
12EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN
13SPACE REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING
14RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED
15AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE
16MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN
17LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES;
18PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
20AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
21AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
22PROVIDING FOR AN EFFECTIVE DATE.
23____________________________________________________________________________________
24
25WHEREAS, Monroe County may, pursuant to Article 8 of the Florida Constitution and Florida
26Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and
27visitors to the County; and
28
29WHEREAS, on April 15, 1993, the Monroe County Board of County Commissioners adopted the
302010 Monroe County Comprehensive Plan; as amended pursuant to Department of Community Affairs
31Rule 91-14.022, Florida Administrative Code on January 4, 1996, and adopted by F.A.C. Rule
3228-20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and
33
34WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
35Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
36comprehensive plans to reflect changes in local conditions; and
37
38WHEREAS, on August 18, 2004, the Monroe County Board of County Commissioners adopted
39an Evaluation and Appraisal Report (EAR), pursuant to Florida Statute § 163.3191, for the 2010 Monroe
40County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in accordance
41with the 2004 EAR; and
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42
43WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via
44Resolution No. 150-2012 adopted an Evaluation and Appraisal Report (EAR), pursuant to Florida
45Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted
46Comprehensive Plan amendments in accordance with the 2012 EAR; and
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1
2WHEREAS, after statutory updates to Florida Statute § 163.3191, the Department of Economic
3Opportunity (DEO) revised the Monroe County evaluation and appraisal notification letter deadline to
4May 1, 2014, in Rule 73C-49, F.A.C.; and
5
6WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved
7the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect
8changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments
9in accordance with the 2014 EAR notification letter; and
10
11WHEREAS, on April 13, 2016, the Monroe County Board of County Commissioners adopted the
122030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the
13-based amendments; and
14
15WHEREAS, the 2030 Monroe County Comprehensive Plan became effective upon the posting of
16the Notice of Intent on the DEO website on June 20, 2016; and
17
18WHEREAS, pursuant to Florida Statute § Section 163.3191, Monroe County must evaluate its
19Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes
20in state statutory and/or state administrative code requirements; and
21
22WHEREAS, pursuant to Florida Statute § 163.3191, and Rule 73C-
23evaluation and appraisal notification letter deadline to DEO was May 1, 2021; and
24
25WHEREAS, on April 21, 2021, the Monroe County Board of County Commissioners approved
26transmittal evaluation and appraisal (EA) notification letter to DEO; and
27
28WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation
29and appraisal (EA) notification letter, including amendments to address the Peril of Flood state
30legislation, an update to the , amendments to address the now
31statutorily required Property Rights Element; and
32
33WHEREAS, Monroe County is proposing amendments to the Comprehensive Plan to
34accommodate the needs of existing residential structures for which elevation above required flood heights
35has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to
36reuse materials, energy, and other resources expended in the original construction of the home; offers
37solutions to homeowners that may be more economically advantageous than complete reconstruction; and
38encourages property owners to make their homes more resilient to storm events and sea level rise; and
39
40WHEREAS, the Monroe County Planning and Environmental Resources Department
41community meeting on October 14, 2021, to review the proposed amendment
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42and to receive public comment; and
43
44WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
45considered the proposed amendments at a regularly scheduled duly noticed meeting held on November
4615, 2021; and
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1WHEREAS, on January 26, 2022, the Monroe County Planning Commission held a public
2hearing for the purpose of considering the proposed amendment and provided for public comment; and
3
4WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-22
5recommending approval, with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh
6rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County
7will encourage effective communication and coordination with Naval Air Station Key West and the other
8military activities/facilities within unincorporated Monroe County; and
9
10WHEREAS, on March 16, 2022, the Monroe County Board of County Commissioners held a
11public hearing, considered the staff report, and provided for public comment and public participation in
12accordance with the requirements of state law and the procedures adopted for public participation in the
13planning process; and
14
15WHEREAS, at the March 16, 2022, public hearing, at staff request, the BOCC continued the
16transmittal hearing, just for the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4
17related to elevation of existing dwelling units to the April 20, 2022, public hearing as a separate transmittal
18to allow for additional coordination and revisions; and
19
20WHEREAS, at the March 16, 2022, public hearing, the BOCC voted to transmit the remaining
21proposed amendments to DEO to review the proposal; and
22
23WHEREAS, at the March 16, 2022, public hearing, the BOCC adopted Resolution ________,
24transmitting the proposed text amendment to the State Land Planning Agency without Policy 101.5.34
25and amend Policy 101.9.4 related to elevation of existing dwelling units; and
26
27WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners held a
28public hearing to consider the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4
29related to elevation of existing dwelling units, considered the staff report, and provided for public
30comment and public participation in accordance with the requirements of state law and the procedures
31adopted for public participation in the planning process; and
32
33WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections,
34Recommendations and Comments (ORC) report, received by the County on __________________; and
35
36WHEREAS, _________________________________________;
37
38WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
39amendment, adopt the amendment with changes or not adopt the amendment; and
40
41WHEREAS, on _________________, the BOCC held a public hearing to consider adoption of
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42the proposed Comprehensive Plan text amendment; and
43
44WHEREAS, Monroe County policies and regulations adopted in the Monroe County
45Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
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1the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
2development; and
3
4WHEREAS, based upon the documentation submitted and information provided in the
5accompanying staff report, the Monroe County Board of County Commissioners makes the following
6Conclusions of Law:
71.!The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
8Monroe County Comprehensive Plan; and
92.!The proposed amendment is consistent with the Principles for Guiding Development for the
10Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
113.!The proposed amendment is consistent with Part II of Florida Statutes Chapter 163.
12
13NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
14OF MONROE COUNTY, FLORIDA:
15
16Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions
17of law, and statements of legislative intent are true and correct and are hereby incorporated as if fully
18stated herein.
19
20Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as follows
21(Proposed amendments are shown with deletions stricken through and additions are underlined):
22
23Policy 101.5.34
24Notwithstanding the open space provisions set forth in Policy 101.5.25 and Chapter 130 of the
25Land Development Code and the minimum required setbacks in Chapters 130 and 131 of the
26Land Development Code, a lawfully-existing residential dwelling unit, not including mobile
27homes, may be elevated above base flood level to reduce flood damage, pursuant to:
28 The lawfully-existing dwelling unit structure is elevated within the original (existing)
29footprint of the structure.
30 Setbacks and land use open space requirements are waived to allow necessary
31improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
32flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
33ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
34provide access to the structure that is in compliance with fire code requirements.
35 Side and rear setback requirements are waived to allow accessory elevated platforms above
36base flood for equipment (mechanical, plumbing and electrical systems, appliances and
37components) situated at least two (2) feet from the side yard property line or at least five
38(5) feet from the rear yard property line. In no event shall the total combined area of all
39accessory structures occupy more than 80 percent (80%) of the required side yard setback
40area or 60 percent (60%) of the required rear yard setback area.
41 Maximum shoreline setbacks are to be maintained and, in no event shall a shoreline setback
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42be less than ten (10) feet from mean high water.
43 The improvements shall be constructed to avoid off-site discharge of stormwater from the
44subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
45Code.
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1 Development shall maintain compliance to the maximum extent practicable, as determined
2by the Planning Director.
3 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
4(see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
5conservation easement.
6 This Policy does not restrict a property owner from proposing other additions or
7improvements to the elevated dwelling unit, as long as the additions, enlargements,
8expansions, and extensions do not create a nonconformity or cause a further violation to an
9existing nonconformity.
10 New or substantial improvement or reconstruction of single-family dwelling units shall
11comply with the setback and open space provisions set forth in Policy 101.5.25 and in
12Chapters 130 and 131 of the Monroe County Land Development Code.
13
14* * *
15Policy 101.9.4
16With the following exception, nonconforming structures which are damaged or destroyed so as to
17require substantial improvement shall be repaired or restored in conformance with all applicable
18provisions of the current Monroe County Code. Substantial improvement or reconstruction of
19nonconforming single-family dwelling units homes shall comply with the setback and open space
20provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land
21Development Code except where strict compliance would result in a reduction in lot coverage as
22compared to the pre-destruction footprint of the dwelling unit house. In such cases, the previously
23approved open space ratio shall be applied; and the maximum shoreline setback shall be
24maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high
25water.
26
27To further post disaster recovery and resiliency, notwithstanding the open space provisions set
28forth in Policy 101.5.25 and Chapter 130 of the Land Development Code and the minimum
29required setbacks in Chapters 130 and 131 of the Land Development Code, a nonconforming
30lawfully-existing residential dwelling unit, not including mobile homes, may be retrofitted to
31elevate the structure above base flood level to reduce flood damage, pursuant to:
32 The lawfully-existing dwelling unit structure may maintain its existing setbacks and open
33space, even if nonconforming, provided the structure is elevated within the original
34(existing) footprint of the structure.
35 Setbacks and land use open space requirements are waived to allow necessary
36improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
37flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
38ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
39provide access to the structure that is in compliance with fire code requirements.
40 Side and rear setback requirements are waived to allow accessory elevated platforms above
41base flood for equipment (mechanical, plumbing and electrical systems, appliances and
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42components) situated at least two (2) feet from the side yard property line or at least five
43(5) feet from the rear yard property line. In no event shall the total combined area of all
44accessory structures occupy more than 80 percent (80%) of the required side yard setback
45area or 60 percent (60%) of the required rear yard setback area.
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1 Maximum shoreline setbacks are to be maintained and, in no event shall a shoreline setback
2be less than ten (10) feet from mean high water.
3 The improvements shall be constructed to avoid off-site discharge of stormwater from the
4subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
5Code.
6 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
7(see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
8conservation easement.
9 This Policy does not restrict a property owner from proposing other additions or
10improvements to the elevated dwelling unit, as long as the additions, enlargements,
11expansions, and extensions do not create a nonconformity or cause a further violation to an
12existing nonconformity.
13(Ord. No. 039-2019 , § 1, 10-16-2019)
14
15Section 3. Severability. If any portion of this Ordinance, or any part or portion thereof, is held to
16be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
17invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor
18impair the operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
19pert(s) or portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) or portion(s)
20thereof, shall continue unimpaired in full force and effect.
21
22Section 4. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
23ordinance are hereby repealed to the extent of said conflict.
24
25Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
26Agency as required by Florida Statutes §§ 380.05 (11) and 380.0552(9).
27
28Section 6. Filing. This Ordinance shall be filed in the Office of the Secretary of the State of Florida
29but shall not become effective until a notice is issued by the State Land Planning Agency or Administration
30Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any
31applicable challenges have been resolved.
32
33Section 7. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be
34incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
35amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
36
37Section 8. Effective Date. This ordinance shall become as provided by law and stated above.
38
39PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
40at a regular meeting held on ___________________, 2022.
41
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42Mayor David Rice _______
43Mayor Pro Tem Craig Cates _______
44Commissioner Michelle Coldiron _______
45Commissioner District Three VACANT
46Commissioner Holly Merrill Raschein _______
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1
2BOARD OF COUNTY COMMISSIONERS
3OF MONROE COUNTY, FLORIDA
4
5By: ______________________________
6 Mayor David Rice
7
8
9
10(SEAL)
11ATTEST: KEVIN MADOK, CLERK
12
13
14By: ___________________________
15 AS DEPUTY CLERK
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1
2
3
4
5 MEMORANDUM
6 M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 From: Emily Schemper, A.I.C.P., C.F.M., Senior Director, Monroe County Planning and
11 Environmental Resources Department
12
13 Date: February 24, 2022
14
15 Subject: An Ordinance Adopting Evaluation And Appraisal Amendments to the Monroe County
16 2030 Comprehensive Plan to Amend Chapter 1.0, Introduction And Background; Amend
17 Chapter 2.0, Including 2.1 General County Element And Creating 2.2 Private Property
18 Rights Element; Amend Chapter 3.0, Including 3.1 Future Land Use Element, 3.2
19 Conservation And Coastal Management Element, 3.3 Traffic Circulation Element, 3.4
20 Mass Transit Element, 3.5 Ports, Aviation And Related Facilities Element, 3.6 Housing
21 Element, 3.7 Potable Water Element, 3.8 Solid Waste Element, 3.9 Sanitary Sewer
22 Element, 3.10 Drainage Element, 3.11 Natural Groundwater Aquifer Recharge Element,
23 3.12 Recreation and Open Space Element, 3.13 Intergovernmental Coordination
24 Element, 3.14 Capital Improvements Element, and 3.15 Energy, Resiliency And Climate
25 Element; And To Amend Definitions Within The Glossary; To Update the Text of the
26 Comprehensive Plan to Reflect Changes in Statutory and Rule Requirements; To Update
27 Deadlines within the Comprehensive Plan, to Eliminate Accomplished or Obsolete
28 Provisions, to Make Corrections to Text and Eliminate Grammatical Errors; and to
29 Amend Provisions to Reflect Changes in Local Conditions and Recent Data, Trends,
30 Issues and Challenges; and to Update Map Atlas Map Series 3-7 (Coastal High Hazard
31 Area) to be Consistent with the Florida Division Of
32 to the SLOSH Model for Monroe County; Providing for Severability; Providing for
33 Repeal of Conflicting Provisions; Providing for Transmittal to the State Land Planning
34 Agency and the Secretary of State; Providing for Amendment to and Incorporation in the
35 Monroe County Comprehensive Plan; Providing for an Effective Date.
36
37 Meeting: March 16, 2022
38
39 I.!REQUEST
40
41 Monroe County must complete amendments to reflect and satisfy changes in statutory requirements as
42 Evaluation and Appraisal (EA) amendments which are required to be transmitted to the Department
43 of Economic Opportunity (DEO) by April 22, 2022. If the County fails to update the Comprehensive
44 Plan pursuant to EA requirements, it cannot amend the Comprehensive Plan until such time as it
45 complies with the EA requirements.
46
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1 The Monroe County Planning and Environmental Resources Department is proposing Evaluation and
2 Appraisal (EA) amendments to the 2030 Comprehensive Plan to update the Comprehensive Plan to
3 reflect changes in Florida statutory and Florida administrative rule requirements; to update deadlines
4 within the Comprehensive Plan, to eliminate accomplished or obsolete provisions, to make corrections
5 to text and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions
6 and recent data, trends, issues and challenges.
7
8 II. BACKGROUND INFORMATION
9
10 Monroe EAR) was adopted by the BOCC on
11 May 22, 2012 pursuant to Resolution No. 150-2012. The County prepared Comprehensive Plan
12 amendments in accordance with the 2012 EAR.
13
14 After statutory changes to Florida Statute § 163.3191, DEO revised the Monroe County evaluation and
15 appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida Administrative Code
16 F.A.C. On April 23, 2014, the BOCC approved the EAR Notification Letter to DEO which specified
17 the necessary Plan amendments required to accord with state statutory requirements. The County
18 prepared Comprehensive Plan amendments in accordance with the 2014 EAR notification letter.
19
20 The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-2016,
21 -based amendments. The Monroe County Year 2030 Comprehensive
22 Plan became effective upon the posting of tebsite on June 20, 2016.
23
24 The County must evaluate its comprehensive plan every seven (7) years and determine if Plan
25 amendments are necessary to conform to state statutory changes (i.e., does the County need to update its
26 Comprehensive Plan to satisfy changed state statutory provisions).
27
28 163.3191 Evaluation and Appraisal of Comprehensive Plan.
29 (1) At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if
30 plan amendments are necessary to reflect changes in state requirements in this part since the last update
31 of the comprehensive plan, and notify the state land planning agency as to its determination.
32 (2) If the local government determines amendments to its comprehensive plan are necessary to reflect changes
33 in state requirements, the local government shall prepare and transmit within 1 year such plan amendment
34 or amendments for review pursuant to s. 163.3184.
35 (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive
36 plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall
37 be reviewed pursuant to s. 163.3184(4).
38 (4) If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to
39 subsection (2), it may not amend its comprehensive plan until such time as it complies with this section.
40 (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules
41 or a schedule indicating when local governments must comply with the requirements of this section.
42
43 The professional staff of the Monroe County Planning and Environmental Resources Department
44 conducted a review of changes made to the Florida Statutes (2012-March 2021) and
45 determined two (2) amendments to the Comprehensive Plan were necessary to accord with state statutory
46 changes, to-wit, the Peril of Flood state legislation (Florida Statute § 163.3178(2)(f)) and the revision
47 (Florida Statute § 380.04; Florida Statute § 163.3221; and
48 referenced in Florida Statute § 163.3164(14)). Excerpts of the subject statutory changes are provided
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1 below. The associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are
2 attached as Exhibit 4.
3
4
5
6
7
8 At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft
9 evaluation and appraisal notification letter to the DEO with the two identified required changes/updates
10 and other potential changes/updates to the Comprehensive Plan, which were not required and do not get
11 included in the notification letter to DEO, but have been found by to
12 be needed, such as:
13
14 1) Update the Rule 28-20 references within the Comprehensive Plan to reflect the recently adopted
15 Administration Commission Rule 28-20.140, F.A.C., with the updated Work Program (mainly
16 canal restoration work program).
17 2) CHHA) depiction on the Future Land Use
18 Maps with the updated Florida Department of Emergency Ma
19 3) Ewithin
20 X years after the adoption of the comprehensive plan
21 and
22 4) General text updates, corrections to text and removing grammatical errors and clean-up of policies
23
24 On April 21, 2021, the Board of County Commissioners
25 Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the necessary
26 Plan amendments required to reflect state statutory changes: 1) Update Comprehensive Plan to address
27 the Peril of Flood state legislation and 2) Update Comprehensive Plan definition of the term
28 .
29
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1 Pursuant to Florida Statute § 163.3191, and Rule 73C-
2 and appraisal notification letter deadline to DEO was May 1, 2021. The County transmitted its evaluation
3 and appraisal (EA) notification letter to DEO on April 21, 2021.
4
5 On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of Florida
6 (HB 59) went into effect requiring adoption of a
7 adoption its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
8 scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida
9 Statutes The proposed County EA amendments will address this additional statutory
10 change/requirement. The associated Laws of Florida for this update is also included within Exhibit 4.
11
12 _____________________________
13
14 Community Meeting and Public Participation
15 In accordance with -159(b)(3), a community meeting was
16 held on October 14, 2021, to provide for public input. There was one (1) member of the public in
17 attendance.
18
19 Monroe County Development Review Committee and Public Input
20 The Development Review Committee considered the proposed amendment at a regular meeting on
21 November 15, 2021, and received public input.
22
23 Monroe County Planning Commission and Public Input
24 The Planning Commission considered the proposed amendment at a regular meeting on January 26,
25 2022, provided for public input and recommended approval with proposed changes to Policy 102.4.2 to
26 prioritize the acquisition of Lower Keys marsh rabbit habitat and buffer area within the MIAI boundary
27 and to Objective 108.1 to add the County will encourage effective communication and coordination
28 with Naval Air Station Key West and the other military activities/facilities within unincorporated
29 Monroe County.
30
31
32 III.!PROPOSED COMPREHENSIVE PLAN AMENDMENTS
33
34 Proposed Amendments are shown with deletions stricken through and additions are
35 underlined.
36
37 Proposed Amendments by the Planning Commission are shown with deletions stricken
38 through and additions are underlined and highlighted in yellow.
39
40 All proposed amendments are included in Exhibit 1 (text amendments) and Exhibit 2
41 (map amendments), with main or significant or example amendments summarized in
42 the table below.
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1 IV.!CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5 County 2030 Comprehensive Plan. Specifically, it furthers:
6
7 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
8 County residents and visitors, and protect valuable natural resources.
9
10 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
11 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
12 tropical hardwood hammock).
13
14 GOAL 106: Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize
15 the natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further
16 development, the need for the significant expansion of the public acquisition of vacant developable lands, and
17 to equitably balance the rights and expectations of private property owners.
18
19 GOAL 108: The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval
20 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be
21 achieved through the implementation of the Objectives and Policies, incorporated herein. Achieved is defined
22 as being consistent with the Objectives and Policies, incorporated herein.
23
24 GOAL 202: The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays,
25 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved
26 or restored.
27
28 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
29 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible,
30 restored and enhanced.
31
32 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
33 and, where possible, restored and enhanced.
34
35 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
36 where possible, enhanced.
37
38 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
39
40 GOAL 215: Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication
41 capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms.
42
43 GOAL 301: To provide a safe, convenient, efficient, and environmentally-compatible motorized and non-
44 motorized transportation system for the movement of people and goods in Monroe County
45
46 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
47 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
48 organizations and private organizations to exchange data and develop coordinated strategies to address energy
49 conservation and impacts from climate change.
50
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1 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
2 Area, Section 380.0552(7), Florida Statutes.
3
4 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
5 principles for guiding development and any amendments to the principles, the principles shall be construed
6 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
7
8 (a)!Strengthening local government capabilities for managing land use and development so that local
9 government is able to achieve these objectives without continuing the area of critical state concern
10 designation.
11 (b)!Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
12 wetlands, fish and wildlife, and their habitat.
13 (c)!Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
14 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
15 their habitat.
16 (d)!Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
17 development.
18 (e)!Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
19 (f)!Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
20 ensuring that development is compatible with the unique historic character of the Florida Keys.
21 (g)!Protecting the historical heritage of the Florida Keys.
22 (h)!Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
23 public investments, including:
24
25 1.!The Florida Keys Aqueduct and water supply facilities;
26 2.!Sewage collection, treatment, and disposal facilities;
27 3.!Solid waste treatment, collection, and disposal facilities;
28 4.!Key West Naval Air Station and other military facilities;
29 5.!Transportation facilities;
30 6.!Federal parks, wildlife refuges, and marine sanctuaries;
31 7.!State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
32 8.!City electric service and the Florida Keys Electric Co-op; and
33 9.!Other utilities, as appropriate.
34
35 (i)!Protecting and improving water quality by providing for the construction, operation, maintenance, and
36 replacement of stormwater management facilities; central sewage collection; treatment and disposal
37 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
38 disposal systems.
39 (j)!Ensuring the improvement of nearshore water quality by requiring the construction and operation of
40 wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as
41 applicable, and by directing growth to areas served by central wastewater treatment facilities through
42 permit allocation systems.
43 (k)!Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
44 (l)!Making available adequate affordable housing for all sectors of the population of the Florida Keys.
45 (m)!Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
46 manmade disaster and for a postdisaster reconstruction plan.
47 (n)!Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
48 Florida Keys as a unique Florida resource.
49
50 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
51 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
52
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1 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
2 Specifically, the amendment furthers:
3
4 163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve and enhance
5 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
6 public interest; overcome present handicaps; and deal effectively with future problems that may result
7 from the use and development of land within their jurisdictions. Through the process of comprehensive
8 planning, it is intended that units of local government can preserve, promote, protect, and improve the
9 public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention,
10 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
11 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
12 develop, utilize, and protect natural resources within their jurisdictions.
13
14 163.3161(6), F.S. It is the intent of this act that adopted comprehensive plans shall have the legal status set
15 out in this act and that no public or private development shall be permitted except in conformity with
16 comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act.
17
18 163.3164(14), F.S. e same meaning as in s. 380.04.
19
20 163.3177(1), F.S. The comprehensive plan shall provide the principles, guidelines, standards, and strategies
21 for the orderly and balanced future economic, social, physical, environmental, and fiscal development of
22 the area that reflects community commitments to implement the plan and its elements. These principles
23 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
24 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
25 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
26 or
27 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
28 require the inclusion of implementing regulations in the comprehensive plan but rather to require
29 identification of those programs, activities, and land development regulations that will be part of the
30 strategy for implementing the comprehensive plan and the principles that describe how the programs,
31 activities, and land development regulations will be carried out. The plan shall establish meaningful and
32 predictable standards for the use and development of land and provide meaningful guidelines for the
33 content of more detailed land development and use regulations.
34
35 163.3177(6)(i)1, F.S. In accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3)
36 that governmental entities respect judicially acknowledged and constitutionally protected private property
37 rights, each local government shall include in its comprehensive plan a property rights element to ensure
38 that private property rights are considered in local decision-making. A local government may adopt its
39 own property rights element or use the following statement of rights:
40 The following rights shall be considered in local decision-making:
41 1. The right of a property owner to physically possess and control his or her interests in the property,
42 including easements, leases, or mineral rights.
43 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal
44 use or for the use of any other person, subject to state law and local ordinances.
45 3. The right of the property owner to privacy and to exclude others from the property to protect the
46 y.
47 4. The right of a property owner to dispose of his or her property through sale or gift.
48 2. Each local government must adopt a property rights element in its comprehensive plan by the earlier of
49 the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date
50 of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a
51 local government adopts its own property rights element, the element may not conflict with the statement
52 of rights provided in subparagraph 1.
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2 163.3178(2)(f), F.S. A redevelopment component that outlines the principles that must be used to eliminate
3 inappropriate and unsafe development in the coastal areas when opportunities arise. The component must:
4 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
5 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
6 runoff, and the related impacts of sea-level rise.
7 2. Encourage the use of best practices development and redevelopment principles, strategies, and
8 engineering solutions that will result in the removal of coastal real property from flood zone designations
9 established by the Federal Emergency Management Agency.
10 3. Identify site development techniques and best practices that may reduce losses due to flooding and
11 claims made under flood insurance policies issued in this state.
12 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
13 Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
14 5. Require that any construction activities seaward of the coastal construction control lines established
15 pursuant to s. 161.053 be consistent with chapter 161.
16 6. Encourage local governments to participate in the National Flood Insurance Program Community
17 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
18 premium discounts for their residents.
19
20 163.3191, F.S. Evaluation and appraisal of comprehensive plan.
21 (1) At least once every 7 years, each local government shall evaluate its comprehensive plan to determine
22 if plan amendments are necessary to reflect changes in state requirements in this part since the last update
23 of the comprehensive plan, and notify the state land planning agency as to its determination.
24 (2) If the local government determines amendments to its comprehensive plan are necessary to reflect
25 changes in state requirements, the local government shall prepare and transmit within 1 year such plan
26 amendment or amendments for review pursuant to s. 163.3184.
27 (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update
28 comprehensive plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this
29 section shall be reviewed pursuant to s. 163.3184(4).
30 (4) If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant
31 to subsection (2), it may not amend its comprehensive plan until such time as it complies with this section.
32 (5) The state land planning agency may not adopt rules to implement this section, other than procedural
33 rules or a schedule indicating when local governments must comply with the requirements of this section.
34
35 163.3201, F.S. Relationship of comprehensive plan to exercise of land development regulatory authority.
36 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in
37 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
38 waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of
39 regulations for the development of land or the adoption and enforcement by a governing body of a land
40 development code for an area shall be based on, be related to, and be a means of implementation for an
41 adopted comprehensive plan as required by this act.
42
43 V.!PROCESS
44
45 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
46 Planning Commission, the Director of Planning, or the owner or other person having a contractual
47 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
48 process applications as they are received and pass them onto the Development Review Committee and
49 the Planning Commission.
50
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1 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
2 the application, the reports and recommendations of the Monroe County Planning and Environmental
3 Resources Department and the Development Review Committee and the testimony given at the public
4 hearing. The Planning Commission shall submit its recommendations and findings to the Board of
5 County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the
6 proposed Comprehensive Plan amendment, and considers the staff report, the
7 professional staff recommendation, and the testimony given at the public hearing. The BOCC may or
8 may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
9 State Land Planning Agency, which then reviews the proposal and issues an Objections,
10 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180
11 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment.
12
13 VI.!STAFF RECOMMENDATION
14
15 Approval.
16
17 VIII. EXHIBITS
18
19 Exhibit 1 - Proposed EA text amendments (Proposed Text Amendments)
20 Exhibit 2 - Proposed update Map Atlas Map Series 3-7 (Coastal High Hazard Area)
21 Exhibit 3 - Florida Statute §
22 163.3191, to the Florida Department of Economic Opportunity (DEO)
23 Exhibit 4 - -69 and L.O.F. 2018-34 (Development Definition)
24 Exhibit 5 - Compilation of the Data and Analysis for the Evaluation and Appraisal amendments
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• r
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE'
11 PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
12 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN
13 SPACE- REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING
14 RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED.
15 AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE
16 MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN
17 LOCAL CONDITIONS AND RECENT DATA; TRENDS, ISSUES AND CHALLENGES;
18 . PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL; TO THE STATE LAND PLANNING
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
21 . AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
22 . PROVIDING FOR AN EFFECTIVE DATE:
23
24
25 WHEREAS, Monroe County may, pursuant.to Article 8 of the Florida Constitution and Florida
26 Statute § 125.66, enact ordinances to,protect the public health, safety, and welfare of the residents of and
27 visitors to the County; and
28
29 WHEREAS, on April 15, 1993,the Monroe County Board of County Commissioners adopted the
30 2010 Monroe County Comprehensive Plan; as amended pursuant to Department of Community Affairs
31 Rule 91-14:022,Florida Administrative Code("F.A.C.") on;January 4, 1996, and adopted by F.A.C. Rule
32 28-20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and
33
34 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
35 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
36 comprehensive plans to'reflect changes in local conditions; and
37 . .
38 WHEREAS, on.August 18, 2004, the Monroe County Board of County Commissioners adopted
39 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute § 163.3191,for the 2010 Monroe
40 County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in accordance
41 with the 2004 EAR; and
42
43 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via
44 Resolution No. 150-2012.adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida
45 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted
46 Comprehensive Plan amendments in accordance with the 2012 EAR; and
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1
2 WHEREAS, after statutory updates to Florida Statute § 163.3191, the Department of Economic
3 Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter deadline to
4 May 1, 2014, in Rule 73C-49, F.A.C.; and
5
6 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved
7 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect
8 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments
9 in accordance with the 2014 EAR notification letter; and
10 •
11 WHEREAS, on April 13,2016,the Monroe County Board of County Commissioners adopted the
12 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the
13 County's EAR-based amendments; and
14
15 WHEREAS,the 2030 Monroe County Comprehensive Plan became effective upon the posting of
16 the Notice of Intent on the DEO website on June 20, 2016; and
17
18 WHEREAS, pursuant to Florida Statute § Section 163,3191, Monroe County must evaluate its
19 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes
20 in state statutory and/or state administrative code requirements; and
21
22 WHEREAS,pursuant to Florida Statute § 163.31,91, and Rule 73C-49, F.A.C.,Monroe County's
23 evaluation and appraisal notification letter deadline to DEO was May.1,2021; and
24
25 WHEREAS, on April 21, 2021,. the Monroe County Board of County Commissioners approved
26 transmittal of the County's evaluation and appraisal ("EA") notification letter to DEO; and
27
28 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation
29 and appraisal ("EA") notification letter, including amendments to address the Peril of Flood state
30 legislation, an update to the definition•of the term `development,' and amendments to address the now
31 statutorily "required Property Rights Element; and
32
33 WHEREAS, Monroe County is proposing amendments to the Comprehensive Plan to
34 accommodate the needs of existing residential structures for which elevation above required flood heights
35 has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to
36 reuse materials, energy, and other resources expended in the original construction of the home; offers
37 solutions to homeowners that may be'more economically advantageous than complete reconstruction; and
38 encourages property owners to make their homes more resilient to storm events and sea level rise; and
39
40 WHEREAS, the Monroe County Planning and Environmental Resources Department
41 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment
42 and to receive public comment; and
43
44 WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
45 considered the proposed amendments at a regularly scheduled duly noticed meeting held on November
46 15, 2021; and
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1 WHEREAS, on January 26, 2022, the Monroe County Planning Commission held a public
2 hearing for the purpose of considering the proposed amendment and provided for public comment; and
3
4 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-22
5 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh
6 rabbit habitat and buffer area within the MIAI boundary, and to,Objective 108.1 to add that the County
7 will encourage effective communication and coordination with Naval Air Station Key West and the other
8 military activities/facilities within unincorporated Monroe County; and
9
10 WHEREAS, on March 16, 2022, the Monroe County Board.of County Commissioners held a
11 public hearing, considered the staff report, and provided for.public comment and public participation in
12 accordance with the requirements of state law and the procedures adopted for public participation in the
13 planning process; and
14
15 WHEREAS, at the March 16, 2022, public hearing; at staff's request, the BOCC continued the
16 transmittal hearing,just for the proposed amendments,to create Policy 101.5.34 and amend Policy 101.9.4
17 related to elevation of existing dwelling units to the April 20,2022,public hearing,as a separate transmittal
18 to allow for additional coordination and revisions; and
19
20 WHEREAS, at the March 16, 2022, public hearing,.ther'BOCC voted to transmit the remaining
21 proposed amendments to DEO to review the proposal; and
22
23 WHEREAS, at the March 16, 2022, public hearing, the BOCC adopted Resolution
24 transmitting the proposed text amendment to the.State Land Planning Agency without Policy 101.5.34
25 and amend Policy 101.9.4 related to elevation of existing dwelling.units; and
26
27 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners held a
28 public hearing to consider the proposed,amendments to create Policy 101.5.34 and amend Policy 101.9.4
29 related to.elevation of-existing dwelling units; considered the staff report, and provided for public
30 comment and public participation in accordance,.with the requirements of state law and the procedures
31 adopted for public participation in the planning process; and
32
33 WHEREAS,the State Land Planning Agency reviewed the amendment and issued an Objections,
34 Recommendations and Comments("ORC")report,received by the County on ; and
35
36 WHEREAS, the•ORC report stated, " ;" and
37
38 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
39 amendment, adopt the amendment with changes or not adopt the amendment; and
40
41 WHEREAS, on , the BOCC held a public hearing to consider adoption of
42 the proposed Comprehensive Plan text amendment; and
43
44 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
45 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
3 of 7
i
1 the citizens of the Florida Keys and to strengthen our local government capability to manage land use arid
2 development; and
3
4 WHEREAS, based upon the documentation submitted and information provided in the
5 accompanying staff report, the Monroe County Board of County Commissioners makes the following
6 Conclusions of Law:
7 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 203.0
8 Monroe County Comprehensive Plan;and
9 2. The proposed amendment is consistent with the Principles for Guiding Development for the
10 Florida Keys Area of Critical State Concern,Florida Statute § 380.0552(7); and
11 3. The proposed amendment is consistent with Part II of Florida Statutes Chapter 163.
12 .
13 NOW, THEREFORE, BE IT ORDAINED BY.THE BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA:
15
16 Section 1. Recitals and Legislative Intent. The foregoing recitals,findings of fact, conclusions
17 of law, and statements of legislative intent are true and correct and are hereby incorporated as if fully
18 stated herein.
19
20 Section 2. The text of the 203;0 Monroe County Comprehensive Plan is amended as follows
21 (Proposed amendments are shown with deletions_stricken through and additions are underlined):
22
23 Policy.101.5.34 _
24 Notwithstanding the_open space provisions set forth..in Policy 101.5.25, Policy 212.2.4, and
25 Chapters 118 arid 130 of the Land Development Code; and the minimum required setbacks in
26 Policy 212.2:4;•.and Chapters 118, 130, and 1311 of the Land Development Code; a lawfully-
27 ' existing residential dwelling:unit,not including mobile homes,may be elevated above base flood
28 level (design flood-elevation)to'reduce flood damage;pursuant to: .
29 • :The:lawfully-existing.dwelling unit structure is elevated within the original (lawfully-
30 existing) footprint of the structure:
31 • Setbacks and land use open space requirements are waived to allow necessary
32 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
33 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
34 ramps, landings, elevators, etc.). The waiver:provided shall be the minimum necessary to
35 provide access to the structure that is in compliance with fire code requirements.
36 • Side and rear setback aridopen space requirements are waived to allow accessory elevated
37 platforms,above base'flood for equipment (mechanical, plumbing and electrical systems,
38 appliances and components).situated at least two (2) feet from the side yard property line
39 or at least five(5)feet from the rear yard property line.Inoe entshll e tot l ce::bined
40 area of all accessory :,truetures occupy more than 80'percent(80%) of the required side
41 yard setback area or 60 percent(60%)of the`required r-ar yard setback ar-a.
42 • Maximum possible shoreline setbacks and open space are to be maintained,and in no event
43 shall a required shoreline setback be reduced to less than ten (10) feet from mean high
44 water except to accommodate the lawfully existing footprint of the structure to be elevated.
4 of 7
1 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
2 subject parcel, in accordance with Section 114.3 of the Monroe County Land Development
3 Code.
4 • Development shall maintain compliance to the maximum extent practicable, as determined
5 by the Planning Director.
6 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
7 (see Policy 203.1.2 and Policy 204.2.5) and :does not authorize any encroachments to a
8 conservation.easement.
9 • This Policy does not-.restrict a property owner from. proposing other additions or
10 improvements to the elevated dwelling unit, as long as the additions, enlargements,
11 expansions,:and extensions do not create a nonconformity or cause a further violation to an
12 existing nonconformity. .
13 New:construction r s„bsta tia' improvement or reconstruction of single-family dwelling -
14 - units shall comply with the setback and open space provisions set forth in Policy 101.5.25;
15 Policy 212.2.4, and in Chapters .118, . 130; and 131 of the Monroe County Land
16 Development Code.
17 -
18 * * . *
19 Policy 101.9.4
20 With the following exception; nonconforming structures which are damaged or destroyed so as to
21 require substantial improvement shall lbe repaired or restored in conformance with all applicable
22 provisions of the current Monroe County -Code. Substantial improvement or reconstruction of
23 nonconforming single-family dwelling units hues shall comply-with the setback and open space
24 provisions set forth-in Policy 101.5.25: and in Chapters 130 and 131 of.the Monroe County Land
25 Development Code except where strict compliance would result in a reduction in lot coverage as
26 compared to the,pre-destruction footprint of the dwelling unit house. In such cases,the previously
27 approved open space ratio shall be applied; and: the maximum shoreline setback shall be
28 maintained and in no event shall:the shoreline setback be less than ten (10) feet from mean high
29 water... .
30
31 . 'To further post disaster recovery and resiliency, notwithstanding the open space provisions set
32 . forth in Policy 101.5.25,Policy 212.2.4,and Chapters 118 and 130 of the Land Development Code
33 and the minimum required'setbacks in Policy 212.2.4, and Chapters .1.18, 130,and 131 of the Land
34 Development Code, a nonconforming"lawfully-existing residential dwelling unit, not including
35 mobile homes, may be retrofitted to elevate the structure above base flood level (design flood
36 elevation)to reduce flood damage,pursuant to:
37 • The lawfully existing"dwelling unit structure may maintain its existing setbacks and open
38 space, even if nonconforming, provided the structure is elevated within the original
39 (lawfully-existing) footprint of the structure.
40 • Setbacks and land use open space requirements are waived to allow necessary
41 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
42 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
43 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
44 provide access to the structure that is in compliance with fire code requirements.
45 • Side and rear setback and open space requirements are waived to allow accessory elevated
46 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
5 of
1 appliances,and components) situated at least two (2) feet from the side yard property line
2 or at least five(5)feet from the rear yard property line. In no event shall the total combined
3 area of all accessory:structures occupy more than 80 percent (80%) of the.required side
4 yard setback area or 60 percent(60%) of the required rear yard setback area.
5 • . Maximum possible shoreline setbacks and open space are to be maintained,and in no event
6 shall a shoreline setback be less than ten (10) feet from mean high water except to
7 accommodate the lawfully existing footprint of the structure to be elevated.
8 • The improvements shall be constructed to avoid off-site discharge of stermwater from the
9 subject parcel,in accordance with Section 114-3 of the-Monroe County Land Development
10 Code.
11 • This Policy does not waive anyrequired minimum vegetated setbacks adjacent to wetlands
12 (see Policy 203.1.2 and Policy 204.2.5) and'does not.authorize any encroachments to a
13 . conservation easement.
14 • This Policy does not restrict a property owner from proposing other additions or
15 improvements to the elevated 'dwelling unit, as long as the additions, enlargements.,
16 expansions, and extensions do not Create:a nonconformity or cause.a further violation to an
17 existing nonconformity. .
18 (Ord.No. 039-2019 , § 1, 10-16-2019) . .,
19
20 . Section 3. Severability. If any portion of this Ordinance, or any part or portion.thereof, is held to
21 be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
22 invalidity or unenforceability of such provision, or:any part or portion thereof, shall neither limit nor
23 impair the operation,enforceability, or validity of any other provision of this Ordinance, or any remaining
24 pert(s) or portion(s) thereof All other provisions of this Ordinance, and remaining part(s) or portion(s)
25 thereof, shall continue..unimpaired in full force and effect.
26
27 Section 4. Conflicting Provisions. All ordinances or parts of Ordinances in conflict with this
28 ordinance are hereby repealed to the extent of said conflict.
29
30 Section 5. Transmittal. This..ordinance shall betransmitted to the Florida State Land Planning
31 Agency as required by Florida.Statutes §§ 380.05 (1-1) and 380.0552(9).
32
33 Section 6;Filing.This Ordinance shall be filed in the Office of the Secretary of the State of Florida
34 but shall not become effective until-anotice is issued by the State Land Planning Agency or Administration
35 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any
36 applicable challenges have been resoled.
37
38 Section 7. Inclusion.in the Monroe County Comprehensive Plan. The amendments shall be
39 incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
40 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
41
42 Section 8. Effective Date. This ordinance shall become as provided by law and stated above.
43 1
44 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
45 at a regular meeting held on , 2022.
46
6 of
I I ,
I ,
1 Mayor David Rice
2 Mayor Pro Tern Craig Cates
3 Commissioner Michelle Coldiron
4 Commissioner District Three VACANT
5 Commissioner Holly Merrill Raschein
6
7 BOARD OF COUNTY COMMISSIONERS
8 OF MONROE COUNTY, FLORIDA
9
10 By:
11 Mayor David Rice
12
13
14
15 (SEAL)
16 ATTEST: KEVIN MADOK, CLERK
17
18
19 By:
20 AS DEPUTY CLERK
•
•
•
•
I ,
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