Ordinance 016-20172
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J I'►
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 0162017
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 Planning & Environmental Resources Department is
proposing an amendment to revise the height limit policy in the Comprehensive Plan; and
WHEREAS, the Monroe County Planning & Environmental Resources is proposing
amendments to Policy 101.5.30 to include the definition of height; to create Policy 101.5.31 to
address non - habitable architectural decorative features within the Ocean Reef community; and
create 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;
and
Ord 016 -2017
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WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendment at regularly scheduled meetings held on March 24, 2015, May 26,
2015, August 25, 2015, October 27, 2016, and January 26, 2016 and recommended approval; and
WHEREAS, the Monroe County Planning Commission held a public hearing on
February 24, 2016, for review and recommendation on the proposed Comprehensive Plan text
amendment; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
and
WHEREAS, the Monroe County Planning Commission recommended approval of the
proposed amendment; and
WHEREAS, at a regular meeting held on the 15` day of February, 2017, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text amendment, considered the staff report and provided for public comment and
public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process; and
WHEREAS, at a regular meeting held on the 15 day of February, 2017, the Monroe
County Board of County Commissioners continued the public hearing to the regular meeting on
the 15` day of March, 2017; and
WHEREAS, at a regular meeting held on the 15 day of March, 2017, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text amendment, considered the staff report and provided for public comment and
public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process; and
WHEREAS, at a regular meeting held on the 15 day of March, 2017, the Monroe
County Board of County Commissioners continued the public hearing to the regular meeting on
the 12 day of April, 2017 and requested a discussion item on the proposed height amendments
for the Land Development Code; and
WHEREAS, at a regular meeting held on the 12 day of April, 2017, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed text amendment, considered the staff report and provided for public comment and
Ord 016 .2017
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public participation in accordance with the requirements of state law and the procedures adopted
for public participation in the planning process; and
WHEREAS, at the April 12` 2017, public hearing, the BOCC adopted Resolution 115-
2017, transmitting the proposed text amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
Objections, Recommendations and Comments (ORC) report, received by the County on July 21,
2017; and
WHEREAS, the ORC report did not identify any objections to the proposed amendment;
and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, at a special scheduled meeting on the27thday of September, 2017, the
BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as
follows:
Policy 101.5.30
In order to preserve the existing community character and natural environment, Monroe
County shall limit the height of structures including landfills to 35 feet. Height is defined
as the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding spires and/or steeples on structures used for
institutional and/or public uses only; chimneys; radio and/or television antennas;
flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
supporting structures with attached antennas and/or collocations. However, in no event
shall any of the exclusions enumerated above be construed to permit any habitable or
usable space to exceed the applicable height limitations, except as specifically permitted
in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts, there shall be
no exceptions to the 35 -foot height limitation.
Policy 101.5.31
For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may include
non - habitable architectural decorative features (such as finials, railings, widow's walk,
parapets) that exceed the 35 -foot height limit in Policy 101.5.30, but such features shall
not exceed 5 feet above the building's roof -line. This exception shall not result in a
Ord 016 -2017
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building together with any architectural decorative feature with a height that would
exceed 40 feet.
As used in this policy, a master planned community means a planned community of 100
or more acres in area subject to a master plan or other development order approved by the
county where public access is restricted and the community is operated and maintained
by the community including the provision of comprehensive, private utilities and
transportation facilities and services within its boundaries and a homeowners association
or similar entity which regulates development standards and monitors development
requests by its members.
Policy 101.5.32
Within in 1 year of the effective date of this policy, Monroe County shall adopt Land
Development Regulations which provide a Flood Protection Height Exception to Policy
101.5.30 to promote public health, safety and general welfare; allow adaptation to coastal
flooding, storm surge and other hazards; protect property from flooding and minimize
damages; minimize public and private losses due to flooding; minimize future
expenditures of public funds for flood control projects and for recovery from flood
events; and mitigate rising flood insurance premiums. A Flood Protection Height
Exception of up to a maximum of five (5) feet above the 35 -foot height limit shall be
provided to allow lawfully existing buildings to be voluntarily elevated up to three (3)
feet above FEMA base flood elevation; and a flood protection height exception of a
maximum of three (3) feet above the 35 -foot height limit shall be provided to allow new
(new construction or substantially improved) buildings to voluntarily elevate up to three
(3) feet above FEMA base flood elevation. These exceptions are in order to promote
flood protection, minimize flood damage, reduce flood insurance premiums and minimize
future expenditures of public funds for recovery from flood events. In no case shall a
Flood Protection Height Exception result in a new building exceeding a maximum height
of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
Policy 101.5.33
Within in 1 year of the effective date of this policy, Monroe County shall adopt Land
Development Regulations which provide a Flood Protection Height Exception for
lawfully established existing buildings which exceed the 35 -foot height limit, to promote
public health, safety and general welfare; allow adaptation to coastal flooding, storm
surge and other hazards; protect property from flooding and minimize damages; minimize
public and private losses due to flooding; minimize future expenditures of public funds
for flood control projects and for recovery from flood events; and mitigate rising flood
insurance premiums. A lawfully established existing building may be repaired, improved,
redeveloped and/or elevated to meet required FEMA base flood elevation (BFE) provided
the building does not exceed a total maximum building height of 40 feet, and the building
is limited to the existing lawfully established intensity, floor area, building envelope
(floor to floor height), density and type of use. For lawfully established existing buildings
that are proposed to exceed a total height of 40 feet, a public hearing before the Planning
Commission and the Board of County Commissioners shall be required to review and
specify the maximum approved height prior to issuance of any county permit or
Ord 016 -2017
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I development approval. The Planning Commission shall provide a recommendation to the
2 BOCC on the maximum height of a building. The BOCC shall adopt a resolution
3 specifying the maximum approved height.
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5 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
6 provision of this ordinance is held invalid, the remainder of this ordinance shall
7 not be affected by such validity.
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9 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
10 conflict with this ordinance are hereby repealed to the extent of said conflict.
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12 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
13 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
14 Statutes.
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16 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
17 Secretary of the State of Florida but shall not become effective until a notice is
18 issued by the State Land Planning Agency or Administration Commission finding
19 the amendment in compliance with Chapter 163, Florida Statutes and after any
20 applicable challenges have been resolved.
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22 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
23 incorporated in the Monroe County Comprehensive Plan. The numbering of the
24 foregoing amendment may be renumbered to conform to the numbering in the
25 Monroe County Comprehensive Plan.
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27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
28 F at a speciatheeting held on the 27th day of Sept. 2017.
29 -- a
30 L.) Mayor George Neugent Yes
31 UJ •za �► Mayor Pro Tem David Rice Yes
32 x= Commissioner Danny L. Kolhage Yes
33 ° cw "c Commissioner Heather Carruthers Yes
34 0 �� Commissioner Sylvia Murphy Not pr esent
35 w cn i
36 - BOARD OF COUNTY COMMISSIONERS
37 ONROE CO N FLOR A
r
39 r x� BY
40 1 Mayor George Neugent
41
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43 AT1�ET ,�'�IN MADOK, CLERK L10NROE COUNTY TT013NfY
44 A 1CF0 S FORM:
45 g ;. "E`EN T. 34'iLi LAMS
46 DEPUTY CLERK ASSISTANT uN
P ATTORNEY
Date
Ord 016 -2017
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i 11 �
Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
September 29, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 016 -2017 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 2030 Comprehensive Plan;
providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on September 27, 2017. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 - 4641 305- 289 - 6027 305- 852 -7145
PKIROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
September 29, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016 -2017, which was filed in this office on September
29, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
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Subject: Monroe County,FL Comprehensive Plan-2017(15528)Supplement 2
Date: Monday,February 05,2018 10:38:13 AM
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