Resolution 115-20172
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MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 115 - 2017
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
STATE LAND PLANNING AGENCY AN ORDINANCE BY
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY
COMPREHENSIVE PLAN POLICY 101.5.30 TO INCLUDE
THE DEFINITION OF HEIGHT; CREATING POLICY 101.5.31
TO ADDRESS HEIGHT EXCEPTIONS FOR NON -
HABITABLE ARCHITECTURAL DECORATIVE FEATURES
WITHIN THE OCEAN REEF MASTER PLANNED
COMMUNITY; AND CREATING POLICIES 101.5.32 AND
101.5.33 TO PROVIDE CERTAIN EXCEPTIONS TO THE
HEIGHT LIMIT IN ORDER TO PROTECT PROPERTY FROM
FLOODING AND REDUCE FLOOD INSURANCE COSTS BY
ESTABLISHING STANDARDS WHEN A STRUCTURE CAN
ELEVATE ABOVE FEMA BASE FLOOD ELEVATION AND
INCLUDING A MAXIMUM HEIGHT LIMIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2030 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
Resolution No. -2017
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46 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
47 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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49 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
50 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
51 for adoption of the proposed text amendment.
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53 Section 2. The Board of County Commissioners does hereby transmit the proposed
54 amendment to the State Land Planning Agency for review and comment in
55 accordance with the State Coordinated Review process pursuant to Section
56 163.3184(4), Florida Statutes.
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Section 3 . The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 12 day of April 2017.
Roll call vote for Policies 101.5.30 and 101.5.32 carried unanimously. Roll call vote for
Policies 101.5.31 and 101.5.33 was taken with the following results:
N
N s
O.
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KEVIN MADOK, CLERK
Mayor George Neugent
_Yes_
Mayor Pro Tem David Rice
_Yes_
Commissioner Danny L. Kolhage
_Yes_
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
_No
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY A"V_4. he-
86
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88 DEPUTY CLERK
Resolution No. -2017
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Mayor George Neugent
MONR E COUNTY ATT NEY
Ap S TO F
ASSISTANT C ATTORNEY
Date S/ II ( /7
Page 2 of 2
Exhibit A
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2017
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12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
14 COMPREHENSIVE PLAN POLICY 101.5.30 TO INCLUDE THE
15 DEFINITION OF HEIGHT; CREATING POLICY 101.5.31 TO
16 ADDRESS HEIGHT EXCEPTIONS FOR NON - HABITABLE
17 ARCHITECTURAL DECORATIVE FEATURES WITHIN THE
18 OCEAN REEF MASTER PLANNED COMMUNITY; AND
19 CREATING POLICIES 101.5.32 AND 101.5.33 TO PROVIDE
20 CERTAIN EXCEPTIONS TO THE HEIGHT LIMIT IN ORDER TO
21 PROTECT PROPERTY FROM FLOODING AND REDUCE
22 FLOOD INSURANCE COSTS BY ESTABLISHING STANDARDS
23 WHEN A STRUCTURE CAN ELEVATE ABOVE FEMA BASE
24 FLOOD ELEVATION AND INCLUDING A MAXIMUM HEIGHT
25 LIMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
26 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
28 AND THE SECRETARY OF STATE; PROVIDING FOR
29 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
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34 WHEREAS, the Monroe County Planning & Environmental Resources Department is
35 proposing an amendment to revise the height limit policy in the Comprehensive Plan; and
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37 WHEREAS, the Monroe County Planning & Environmental Resources is proposing
38 amendments to Policy 101.5.30 to include the definition of height; to create Policy 101.5.31 to
39 address non - habitable architectural decorative features within the Ocean Reef community; and
40 create Policies 101.5.32 and 101.5.33 to provide certain exceptions to the height limit in order to
41 protect property from flooding and reduce flood insurance costs by establishing standards when a
42 structure can elevate above FEMA base flood elevation and including a maximum height limit;
43 and
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Ord -2017
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Exhibit A
1 WHEREAS, the Monroe County Development Review Committee (DRC) considered
2 the proposed amendment at regularly scheduled meetings held on March 24, 2015, May 26,
3 2015, August 25, 2015, October 27, 2016, and January 26, 2016 and recommended approval; and
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5 WHEREAS, the Monroe County Planning Commission held a public hearing on
6 February 24, 2016, for review and recommendation on the proposed Comprehensive Plan text
7 amendment; and
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9 WHEREAS, based upon the information and documentation submitted, the Planning
10 Commission made the following Findings of Fact and Conclusions of Law:
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12 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 Monroe County Year 2030 Comprehensive Plan; and
14 2. The proposed amendment is consistent with the Principles for Guiding Development
15 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
16 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
17 and
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19 WHEREAS, the Monroe County Planning Commission recommended approval of the
20 proposed amendment; and
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22 WHEREAS, at a regular meeting held on the 15` day of February, 2017, the Monroe
23 County Board of County Commissioners held a public hearing to consider the transmittal of the
24 proposed text amendment, considered the staff report and provided for public comment and
25 public participation in accordance with the requirements of state law and the procedures adopted
26 for public participation in the planning process; and
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28 WHEREAS, at a regular meeting held on the 15` day of February, 2017, the Monroe
29 County Board of County Commissioners continued the public hearing to the regular meeting on
30 15th day of March, 2017; and
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32 WHEREAS, at a regular meeting held on the 15 day of March, 2017, the Monroe
33 County Board of County Commissioners held a public hearing to consider the transmittal of the
34 proposed text amendment, considered the staff report and provided for public comment and
35 public participation in accordance with the requirements of state law and the procedures adopted
36 for public participation in the planning process; and
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38 WHEREAS, at a regular meeting held on the 15` day of March, 2017, the Monroe
39 County Board of County Commissioners continued the public hearing to the regular meeting on
40 12th day of April, 2017 and requested a discussion item on the proposed height amendments for
41 the Land Development Code; and
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43 WHEREAS, at a regular meeting held on the _` day of , 2017, the Monroe
44 County Board of County Commissioners held a public hearing to consider the transmittal of the
45 proposed text amendment, considered the staff report and provided for public comment and
Ord -2017
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Exhibit A
1 public participation in accordance with the requirements of state law and the procedures adopted
2 for public participation in the planning process; and
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4 WHEREAS, at the , 2017, public hearing, the BOCC adopted Resolution
5 -201_, transmitting the proposed text amendment to the State Land Planning Agency; and
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7 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
8 Objections, Recommendations and Comments (ORC) report, received by the County on
9 ; and
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11 WHEREAS, the ORC report ; and
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13 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
14 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
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16 WHEREAS, at a regularly scheduled meeting on the _tn day of 2017, the
17 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
18 amendment;
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20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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23 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as
24 follows (Deletions are shown stricken through; additions are shown underlined):
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26 Policy 101.5.30
27 In order to preserve the existing community character and natural environment, Monroe
28 County shall limit the height of structures including landfills to 35 feet. Height is defined as
29 the vertical distance between grade and the highest part of any structure, including
30 mechanical equipment, but excluding spires and /or steeples on structures used for
31 institutional and /or public uses only; chimneys; radio and /or television antennas; flagpoles;
32 solar apparatus; utility poles and /or transmission towers; and certain antenna supporting
33 structures with attached antennas and /or collocations. However, in no event shall any of
34 exclusions enumerated above be construed to permit any habitable or usable space to exceed
35 the applicable height limitations, except as specifically permitted in Policies 101.5.31,
36 101.5.32 and 101.5.33. ,
37 transm tee and ethef similar- str .,,...r -es In the case of airport districts, there shall be
38 no exceptions to the 35 -foot height limitation.
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40 Policy 101.5.31
41 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
42 community, and has a distinct community character, buildings may include non - habitable
43 architectural decorative features (such as finials, railings, widow's walk, parapets ) that
44 exceed the 35 -foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet
45 above the building's roof -line. This exception shall not result in a building together with any
46 architectural decorative feature with a height that would exceed 40 feet.
Ord -2017
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Exhibit A
2 As used in this policy, a master planned community means a planned community of 100 or
3 more acres in area subject to a master plan or other development order approved by the
4 county where public access is restricted and the community is operated and maintained by
5 the community including the provision of comprehensive, private utilities and transportation
6 facilities and services within its boundaries and a homeowners association or similar entity
7 which regulates development standards and monitors development requests by its members.
9 Policy 101.5.32
10 Within in 1 year of the effective date of this policy, Monroe County shall adopt Land
11 Development Regulations which provide a Flood Protection Height Exception to Policy
12 101.5.30 to promote public health, safety general welfare; allow adaptation to coastal
13 flooding, storm surge and other hazards; protect property from flooding and minimize
14 damages; minimize public and private losses due to flooding; minimize future expenditures
15 of public funds for flood control projects and for recovery from flood events; and mitigate
16 rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum
17 of five 5) feet above the 35 -foot height limit shall be provided to allow lawfully existing
18 buildings to be voluntarily elevated up to three (3) feet above FEMA base flood elevation;
19 and a flood protection height ption of a maximum of three (3) feet above the 35 -foot
20 height limit shall be provided to allow new (new construction or substantially proved)
21 buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation. These
22 exceptions are in order to promote flood protection, minimize flood damage, reduce flood
23 insurance premiums and minimize future expenditures of public funds for recovery from
24 flood events. In no case shall a Flood Protection Height Exception result in a new building
25 exceeding a maximum height of 38 feet and a lawfully existing building exceeding _a
26 maximum height of 40 feet.
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28 Policy 101.5.33
29 Within in 1 year of the effective date of this policy, Monroe County shall adopt Land
30 Development Regulations which provide a Flood Protection Height Exception for lawfully
31 established existing buildings which exceed the 35 -foot height limit, to promote public
32 health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
33 other hazards; protect property from flooding; and minimize damages; minimize public and
34 private losses due to flooding; minimize future expenditures of public funds for flood control
35 projects and for recovery from flood events; and mitigate rising flood insurance premiums.
36 A lawfully established existing building may be repaired, improved, redeveloped and /or
37 elevated to meet required FEMA base flood elevation (BFE) provided the building does not
38 exceed a total maximum building height of 40 feet, and the building is limited to the existing
39 lawfully established intensity, floor area, building envelope (floor to floor height), densL
40 and type of use. For lawfully established existing buildings that are proposed to exceed a
41 total height of 40 feet, a public hearing before the Planning Commission and the Board of
42 County Commissioners shall be required to review and specify the maximum approved
43 height prior to issuance of any county permit or development approval. The Planning
44 Commission shall provide a recommendation to the BOCC on the maximum height
45 building. The BOCC shall adopt a resolution Wecifving the maximum approved height.
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Ord -2017
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Exhibit A
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Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
IM
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
(SEAL)
ATTEST: KEVIN MADOK, CLERK
43 DEPUTY CLERK
Ord -2017
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