Item Q6 Q.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: Q.6
Agenda Item Summary #5531
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the
Monroe County Board of County Commissioners amending Monroe County Land Development
Code Section 101-1, creating a definition of offshore island; amending Section 118-10 of the Land
Development Code to further clarify the development of offshore islands; 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 Land Development
Code; providing for an effective date.
ITEM BACKGROUND:
The Board of County Commissioners of Monroe County, at a special meeting on January 14, 2015,
unanimously passed a motion to direct staff to impose a temporary moratorium upon certain
development applications of Offshore Islands due to pending legislation.
On December 10, 2014, the Board of County Commissioners directed that pending and proposed
new Comprehensive Plan amendments specifically concerning Offshore Islands and building height
restrictions be removed from the larger Comprehensive Plan update project and that each be
considered as a separate and distinct comprehensive plan amendment to be voted upon and
submitted to the State of Florida separately from the rest of the cumulative Comprehensive Plan
update project package.
At its regularly scheduled meeting on July 20, 2016, the Monroe County Board of County
Commissioners reviewed the proposed text amendment, the Planning Commission's
recommendation, provided for public review and comment and directed Staff to amend the Land
Development Code in accordance with Policy 102.6.1. The BOCC further directed Staff to amend
the Code as necessary to provide suitable protections to the White Crowned pigeon and other
applicable protected species.
Staff with the Planning & Environmental Resources Department held a Community Meeting in
accordance with Section 102-158 on Thursday, October 11, 2018 at the Monroe County Government
Center, Marathon, Florida at 5:30 p.m. (summary memo enclosed).
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Q.6
PREVIOUS RELEVANT BOCC ACTION:
January 14, 2015 — BOCC unanimously passed a motion to direct staff to impose a temporary
moratorium upon certain development applications of Offshore Islands due to pending legislation.
July 20, 2016, BOCC directed Staff to amend the Land Development Code in accordance with
Policy 102.6.1. The BOCC further directed Staff to amend the Code as necessary to provide suitable
protections to the White Crowned pigeon and other applicable protected species.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Staff Report Final
Community meeting summary memo
Planning Commission Resolution
Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 04/30/2019 4:55 PM
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Q.6
Steve Williams Completed 05/01/2019 12:05 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 11:14 AM
Budget and Finance Skipped 04/30/2019 3:07 PM
Maria Slavik Skipped 04/30/2019 3:07 PM
Kathy Peters Completed 05/06/2019 10:15 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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Q.6.a
r'/rl IP9f s I�
MEMORANDUM -�
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
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To: Monroe County Board of County Commissioners 0
Through: Emily Schemper, Acting Senior Director of Planning & Environmental Resources
From: Michael Roberts, Sr. Administrator of Environmental Resources as
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Date: April 30, 2019
as
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE CREATING A DEFINITION OF OFFSHORE ISLAND; AMENDING
SECTION 118-10 OF THE LAND DEVELOPMENT CODE TO FURTHER CLARIFY
THE DEVELOPMENT OF OFFSHORE ISLANDS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 0
AND THE SECRETARY OF STATE, PROVIDING FOR INCLUSION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE, PROVIDING FOR AN
EFFECTIVE DATE. (File 2016-124) E
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Meeting: May 22, 2019
to
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I. REQUEST
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The Monroe County Planning & Environmental Resources Department is proposing an
amendment to Chapter 118-10 to further clarify the development of offshore islands. CD
II. BACKGROUND INFORMATION
The Board of County Commissioners of Monroe County, at a special meeting on January 14, S
2015,unanimously passed a motion to direct staff to impose a temporary moratorium upon certain
development applications of Offshore Islands due to pending legislation. C
On December 10, 2014, the Board of County Commissioners directed that pending and proposed
new Comprehensive Plan amendments specifically concerning Offshore Islands and building
height restrictions be removed from the larger Comprehensive Plan update project and that each
be considered as a separate and distinct comprehensive plan amendment to be voted upon and E
submitted to the State of Florida separately from the rest of the cumulative Comprehensive Plan
update project package.
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At its regularly scheduled meeting on July 20, 2016, the Monroe County Board of County
Commissioners reviewed the proposed text amendment, the Planning Commission's
recommendation, provided for public review and comment and directed Staff to amend the Land
Development Code in accordance with Policy 102.6.1 (below). The BOCC further directed Staff
to amend the Code as necessary to provide suitable protections to the White Crowned pigeon and
other applicable protected species.
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Policy 102.6.1 T
Within one(1)year of the adoption of the Plan, Monroe County shall adopt land development 2
regulations which will further restrict the activities permitted on offshore islands. These shall 0
include the following:
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1. development shall be prohibited on offshore islands (including spoil islands)which have
been documented as an established bird rookery or nesting area based on resource agency
best available data or surveys (See Conservation and Coastal Management Policy 0
206.1.2.);
2. new resource extraction pits shall be prohibited on offshore islands;
3. campgrounds and marinas shall not be permitted on offshore islands; however,
temporary primitive camping by the owner,in which no land clearing or other alteration
of the island occurs, shall be the only use of an offshore island which may occur without
necessity of a permit;
4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses,
motorcycles, all-terrain vehicles and golf carts shall be prohibited on offshore islands
that do not contain any development; 0
5. planting with native vegetation shall be encouraged whenever possible on spoil islands; Q
and 00
6. County public facilities and services, excluding electricity over which the Public
Services Commission of the State of Florida exercises jurisdiction, shall not be extended
to offshore islands. The extension of public facilities shall be required to comply with
Policy 101.12.2.
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III. PROPOSED AMENDMENT
(Deletions are stti kef tht:, and additions are underlined.)
Based on the BOCC direction, the proposed amendments to Section 101-1 and 118-10 below.
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed 1�
to them in this section, except where the context clearly indicates a different meaning:
Office use means a use where business, professional or governmental services are made available to
the public. The term excludes an office(s) ancillary to the operation of another defined land use (i.e.
commercial retail) on the site.
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Open Space means (in relation to open space ratio calculations) that portion of any parcel or area of
land or water that is required to be maintained such that the area within its boundaries is open and
unobstructed from the ground to the sky (This definition is not intended to exclude vegetation from
required open space).
Sec. 118-10. Environmental Design for Specific Habitat Types. T
In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual 0
habitats as outlined in this Section.
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(a) Hammock. All structures developed, used or occupied on land classified as hammock(all types
and all levels of quality) shall be designed, located and constructed such that:
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(1) All areas of required open space are maintained in their natural condition, including the
preservation of canopy,midstory,understory vegetation, ground cover and leaf litter layer;
and
(2) Clearing of native vegetation is limited to the area of approved clearing shown on the
approved site plan, which shall include a construction impact zone around all structures.
Construction barriers shall be required at the outer edge of the construction impact zone
and shall be visible and of durable material such as wood, fabric, wire fencing, plastic
safety fencing, or similar types that provide openings to allow the passage of wind and
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water through them. Barriers shall be staked and remain in place and maintained in aIr-
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functional condition until final inspection for a certificate of occupancy has been approved.
During construction, there shall be no disturbances of the ground surface and vegetation
within required open space areas.
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(b) Pinelands. All structures developed, used or occupied on land classified as pinelands (all types
and all levels of quality) shall be designed, located and constructed such that: E
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(1) All areas of required open space are maintained in their natural condition, including E
canopy, midstory, understory vegetation, and ground cover. Dead vegetative matter,
including leaf litter layer, may be removed for fire safety; and
(2) All structures are separated from the body of the pinelands by a clear, unvegetated fire
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break of at least 15 feet width. Any clearing required to create this firebreak shall be �
deducted from the total area of clearing allowed for the parcel. Clearing of native
vegetation shall be limited to the area of approved clearing shown on the approved site
plan, and the required firebreak. Construction barriers shall be required at the outer edge
of the area to be cleared and shall be visible and of durable material such as wood, fabric,
wire fencing, plastic safety fencing, or similar types, that provide openings to allow the E
passage of wind and water through them. Barriers shall be staked and remain in place and
maintained in a functional condition until final inspection for a certificate of occupancy
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has been approved. During construction, there shall be no disturbances of the ground
surface and vegetation within required open space areas.
(c) Beach berm complex or disturbed with beach berm. All structures developed, used or occupied
on land classified as a beach berm complex or as disturbed with beach berm shall be designed,
located and constructed such that:
(1) All structures are elevated on pilings or other supports. A
(2) No beach berm material is excavated or removed and no fill is deposited on a beach berm 2
except as needed for shoreline stabilization or beach renourishment projects with a valid
public purpose that furthers the goals of the Monroe County Comprehensive Plan, as 0
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determined by the Planning Director. If applicable, all such projects shall require approval
by the Florida Department of Environmental Protection and the U.S. Army Corps of
Engineers prior to the commencement of development or construction and/or prior to the 0
issuance of a County `Notice to Proceed.'
(3) The clearing of beach berm vegetation is limited to the minimum clearing required to allow
development of a permitted use. Beach berm areas disturbed during construction shall be
immediately restored to stable condition pursuant to a restoration plan approved by the
County Biologist. Restoration techniques shall be designed to achieve the maximum
stability possible. Native plants shall be used exclusively in re-vegetation.
(4) A construction impact zone is provided and construction barriers are required at the outer
edge of the construction impact zone and shall be visible and of durable material such as
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wood, rope or wire cable. No fencing or other material that can entrap wildlife may beIr-
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used as a construction barrier on a beach berm. No vehicular or pedestrian traffic shall be
permitted outside of the construction barriers for the duration of the construction period.
Barriers shall remain in place and maintained in a functional condition until final
inspection for a certificate of occupancy has been approved. 0
(d) t� y arua,t_�YhPI @«,,^A it strunuturru�,,,,_d veV.oped. r:uscd or occupied on land classified as an Offshore
h ulli„b constructed such that:,t� sng�uraa�,,,,,loo�at�ai,,,,rncl �i Ilmaun...,.
i ._aiv a?a,lo runcnt sin l.V L tun j2llvilla d on al,fr6 roue Wands„(inclttdinta spoil islands}which have been
do amlnen ed us an saablllsh d bad ir c �based on agency best available oor �
i udmmamtuu_,Myauu u a�n u C a!ry atuon and�.o a:kart Man r, cnt Policyy 206.1.2.}.2.};
2 ..4ntt'i.'uc soinc u.xin aa,!lii,oun tsiits;.h allll bt..Rrohibited on offshore islands;
l urc�ytdnoround�, and n iiunnnu rs sh alll rl[ �ITh �rneruniulr fl on oEl,hor .rslgnds however, temporary rrn .®
lnu unniiii(n_,a i un piri?i b the oennuan.,..iinu svlluna Jhi!„iruo i airi ._a llr atmn cYl okh2L.pjl - tion of the island occurs,
A � mmnly suss -frislla lr nsllaund wluna h may 2cLu without.necessity of a permit;s al .e ill a arum
d mthia�__,urise ofr un nn�nworrnaad......-elhilcl. .... in lu thin baz;t not mired.to trucks, carts, buses,
nnolesu_-; alas p11 t u a n n vehJcl.eS„ln.d 512.t.ll h ...arohrbltcd._ou._offshore islands that do not
n arrnu auny iavelo�pment;
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AdIalat�esialw eked, used or occupied on land
c1psiA,Cn 9d as ga
ng -�es d or,�,Ip 11 levels of quality) shall be
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2 Lnidgkan�e �',I Ahatiot be extended to offshore islands.
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Fhc cxk!insion o ubhc fl,ud�fics shiafl bc i -, u 01
..........:, I.S222 01,'J2.................................2................................................................................... i withP ic 101J2.2. 0
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(1) Generally. Only docks and docking facilities, boat ramps, walkways, water access
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walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap, 0
seawalls,bulkheads, and utility pilings shall be permitted on or over mangroves,wetlands,
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and submerged lands, subject to the specific restrictions of this subsection. Trimming 0.
and/or removal of mangroves shall meet Florida Department of Environmental Protection
requirements.
(2) Protection of circulation patterns. Shoreline structures shall be designed to protect tidal
flushing and circulation patterns.
(3) Dredging. The following restrictions shall apply to dredging activities:
a. No new dredging shall be allowed in the County except as specified for boat ramps
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in Section 11 8-12(l) (shoreline setback, boat ramps). 0
b. No maintenance dredging shall be permitted within areas vegetated with seagrass CD
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beds or characterized by hard bottom communities except for maintenance dredging Ir-
in public navigation channels.
C. In order to facilitate establishment and prevent degradation of bottom vegetation,
maintenance dredging in artificial waterways shall not exceed depths greater than six
feet at mean low water (MLW). This restriction does not apply to the entrance 0
channels into Key West Harbor and Safe Harbor.
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d. All dredged spoil materials shall be placed on permitted upland sites designed and
located to prevent runoff of spoil material into wetlands or surface waters. E
e. All such projects shall require approval by the Florida Department of Environmental
Protection and the U.S. Army Corps of Engineers prior to the commencement of
development or construction and/or prior to the issuance of a County 'Notice to
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Proceed.' �
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f. Exemptions:
1. Pursuant to Policy 202.8.6, canal restoration projects developed to determine
the effectiveness of water quality strategies of the Florida Keys National 4i
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Marine Sanctuary Water Quality Protection Program that meet the following 0
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criteria are exempt from the restrictions in 118-1 0(d)(3)b:
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i. Projects are limited to previously dredged artificial canals characterized as
having poor or fair water quality within the 2013 Monroe County Canal
Management Master Plan.
ii. Projects are performed or funded by public entities (county, state, or
federal) for organic material removal; and
iii. Projects are backfilled to a depth of six to eight feet (6ft - 8ft), or an
alternative depth as determined by best available scientific data and
authorized by the state and federal permitting agencies; and T
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iv. Hydraulic (vacuum) dredging shall be considered the preferred means of c
removal of the organic material. If hydraulic dredging is not proposed to
accomplish the organic material removal, a public hearing before the 0
Board of County Commissioners (BOCC) shall be required prior to
issuance of a County permit. 0.
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2. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration
projects to remove decomposing organic material from previously dredged
artificial canals (down to the bedrock) without backfilling will be performed
and evaluated for effectiveness. Water quality monitoring of these two (2)
organic removal pilot projects shall be conducted at a two- (2) year point of
time and a ten- (10) year point of time after completion of the pilot projects,
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and a water quality report shall be reviewed to determine the effectiveness in 0
improving dissolved oxygen concentrations, as identified in the surface water
quality criteria in Ch. 62-302.530, F.A.C., in the two (2) organic removal pilot 00
projects canals.
(4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged
lands except: c
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a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
Seawalls, Riprap) and 118-12(1) (Boat Ramps);
b. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat
basin or swimming pool if the County Biologist determines that such filling will not .�
have a significant adverse impact on marine or wetland communities;
C. As needed for shoreline stabilization or beach renourishment projects with a valid U-
public purpose that furthers the goals of the Monroe County Comprehensive Plan, as c
determined by the County Biologist;
d. For bridges extending over salt marsh and/or buttonwood association wetlands that
are required to provide automobile or pedestrian access to lawfully established
dwelling units located on upland areas within the same property for which there is a
no alternate means of access. Such bridges shall be elevated on pilings so that the
natural movement of water,including volume,rate and direction of flow shall not be
disrupted or altered; or
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e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of
this Section.
(5) After-the fact exclusion. No after-the-fact permits shall be issued that violate the County
dredge and filling regulations. All fill shall be removed and all damages mitigated.
(6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh and T
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buttonwood association may be filled for development in accordance with the following 0
criteria:
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a. Disturbed wetlands proposed for filling will be evaluated by a County Biologist
using the Keys Wetlands Evaluation Procedure (KEYWEP) and assigned a E
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KEYWEP score. The County Biologist may conduct a current KEYWEP analysis to 2
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confirm or update a parcel's KEYWEP scores. >
1. Wetland quality categories based on KEYWEP scoring:
a
i. High functional capacity wetlands: those wetlands that score higher than
5.5,regardless of previous disturbance. Development is prohibited under
any circumstances. ,
ii. Moderate functional capacity wetlands: those wetlands that score 5.5 or
less, but greater than or equal to 4.6. These wetlands are suitable for
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development with appropriate mitigation.
iii. Low functional capacity wetlands: those wetlands that score less than 4.6 2
or are assigned a green-flag designation as suitable for development.
These wetlands are suitable for development with appropriate mitigation. 0
2. Wetlands determined by KEYWEP to have a high functional capacity (those E
wetlands that score above 5.5 or those wetlands that are assigned a red flag)
are not suitable for filling. The open space ratio for such wetlands will be 1.0 E
(100%).
3. Wetlands determined by KEYWEP to have moderate or low functional U_
capacity (those wetlands that score 5.5 or less or are assigned a green flag) are
suitable for filling with appropriate mitigation, as determined by the Florida
Department of Environmental Protection (DEP) and the U.S. Army Corps of
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Engineers (ALOE). All such projects shall require documentation that all
aspects of DEP and ACOE mitigation have been satisfied prior to the
commencement of construction and/or prior to the issuance of a County
`Notice to Proceed.'
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b. Placement of fill within disturbed wetlands is subject to the environmental design
clustering criteria(see Section 118-7(f)). Less sensitive habitats on the subject parcel
must be developed before disturbed wetlands are filled.
C. Any portion of a wetland filled under these provisions shall be considered disturbed
habitat with a required open space ratio of 0.20. In the event that state and/or federal r_
permits restrict fill to the development area only, this provision will not apply. T
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d. Any development within a wetland so filled shall conform to the setbacks established
by the DEP and the ACOE permits, and to the minimum yards required by Chapter 0
131 of this LDC.
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(7) Vegetated buffer required between development and wetlands. Except as allowed in 2
Section 118-7 (general environmental design criteria), a minimum vegetated setback of 50
feet shall be maintained as an open space buffer and shall be protected by a grant of
conservation easement running in favor of the County for development occurring adjacent
to all types of wetlands, with the following exceptions:
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a. If a 50-foot setback results in less than 2,000 square feet of principal structure
footprint of reasonable configuration, then the setback may be reduced to allow for
2,000 square feet of principal structure footprint of reasonable configuration,
provided that the setback is not reduced to less than 25 feet. 00
b. On properties classified as scarified adjacent to wetlands, the wetland setback may
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be reduced to 25 feet, without regard to buildable area, if the entire setback area:
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1. Is planted and maintained in native vegetation meeting the standards of a class 0
D bufferyard or a bufferyard providing similar protection (Section 114-128
Bufferyard standards) with the exception that understory trees may be
substituted for canopy trees;
2. Contains a site-suitable stormwater management plan approved by the County
Biologist; and
3. Is placed under a conservation easement.
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C. The wetland setback required by this subsection shall not apply to mangrove or 0
wetland fringes occurring along manmade canals, channels, or basins.
d. The wetland setback required by this Section shall not apply to areas filled in
accordance with 118-10(d)(6) where state and/or federal permits restrict the fill to
the development area only.
e. On properties where the wetland is located between the development and water
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(shoreline),the terms of the grant of conservation easement may be amended to allow
up to a four-foot wide (4ft) boardwalk or similar water-access structure to allow
access to the water. The terms may only be amended if the County Biologist makes
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written findings of fact and conclusions of biological opinion that substantiate the
need and/or benefits to be derived from the amendment.
IV. ANALYSIS OF PROPOSED AMENDMENT
As detailed in section II above,the proposed amendment to the Land Development Code is required
by the 2030 Comprehensive Plan. The proposed amendment has been the subject of much public r_
discussion and review, culminating in the July 20,2016 BOCC meeting in which the Board directed T
staff to prepare the amendment to reflect the requirements of Policy 102.6.1. The proposed 2
amendment was also evaluated for consistency with section 102-158 of the Land Development
Code (below).
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The proposed amendment is consistent with one or more of the required provisions of LDC
Section 102-158(d)(7)(b). E
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1. Changed projections (e.g., regarding public service needs) from those on which the text or >
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in ,
volume 1 of the plan;
N/A
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4. New issues;
N/A
5. Recognition of a need for additional detail or comprehensiveness; or 0
The County is proposing text amendments to Section to Chapter 118-10 to further clarify the
development of offshore islands as directed by the BOCC. E
6. Data updates; E
N/A
7. In no event shall an amendment be approved which will result in an adverse change in community
character to the sub-area which a proposed amendment affects or to any area in accordance with i_
a Livable CommuniKeys master plan pursuant to findings of the BOCC. �
The proposed amendment will not result in an adverse community change to the areas it affects.
V. PROCESS
In accordance with Chapter 102-158(4) of the Land Development Code a Community Participation
meeting as specified in Chapter 102-159 is required for proposals to amend the text of the Land
Development Code. For text amendments, 102-159 requires that the Community Participation
Meeting be conducted at least 3 months in advance of the first public hearing. As noted above the
Community Participation Meeting for the proposed amendment was held on October 11, 2018.
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Pursuant to Section 102-158 of the Land Development Code,the Planning Commission and the BOCC
shall each hold at least one public hearing on a proposed amendment to the text of the comprehensive
plan or land development code or to the land use (zoning) district map or overlay district map or
FLUM at the transmittal stage. The Planning Commission shall review the application, the reports
and recommendations of the Planning and Environmental Resources Department, the comments of
the Development Review Committee, and the testimony given at the public hearing, and shall submit
its recommendations and findings to the BOCC.
On February 27, 2019, at a regularly scheduled meeting, the Monroe County Planning T
Commission (PC)held a public hearing to consider the proposed amendment and provide for 0
public comment. The PC recommended approval to the BOCC (PC Resolution 4P14-19 —
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Exhibit I). 4-
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Following the BOCC public hearing:
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a. The BOCC shall consider the reports and recommendation of the Planning Commission, 0
Planning and Environmental Resources Department staff, and the testimony given at the public
earmgs.
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b. The BOCC may consider the adoption of an ordinance enacting the proposed map and text
amendments to this Land Development Code based on one or more of the following factors-
1. Changed projections (e.g., regarding public service needs) from those on which the
existing text or boundary was based;
2. Changed assumptions (e.g., regarding demographic trends) from those on which the 0
existing text or boundary was based; Q
3. Data errors, including errors in mapping, vegetative types and natural features which 00
contributed to the application of the existing text or boundary;
4. New issues which arose after the application of the existing text or boundary;
5. Recognition of a need for additional detail or comprehensiveness;
6. Data updates; or
7. Consistency with the Comprehensive Plan and the principles for guiding development as
defined in Section 380.0552, Florida Statutes.
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C. For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also
consider the analyses identified in Chapter 163, Florida Statutes and must find that the
amendment is consistent with the principles for guiding development as defined in Section
380.0552, Florida Statutes.
In no event shall an amendment be approved which will result in an adverse change in community �
character to the sub-area which a proposed amendment affects or to any area in accordance with a
Livable CommuniKeys master plan pursuant to findings of the BOCC.
VI. STAFF RECOMMENDATION
Staff recommends APPROVAL of the proposed amendment.
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County of Monroe
Department of Environmental Resources ���( Board of Countv Commissioners
Suite#420 Mayor David Rice,District 4 0
g^ sm
2798 Overseas Highway y ,, Mayor Pro Tern Sylvia J.Murphy,District 5
t i Dann L.Kolh e District 1 Marathon FL 33050 �� � � � � � y ag , 0
Voice: (305)289-2500 George Neugent,District 2
FAX: (305)289-2536 ) Heather Carruthers,District 3
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We strive to be caring,professional,and fair. 0
as
MEMORANDUM
October 12, 2018
TO: Emily Schemper, Acting Sr. Director of Planning & Environmental Resources
FROM: Michael Roberts, Sr. Administrator of Environmental Resources 4-
0
SUBJ: COMMUNITY MEETING FOR NESTING AREA AND OFFSHORE ISLAND LAND
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DEVELOPMENT CODE AMENDMENTS (FILE 4'S 2016-123 & 2016-124) Ir-
The Community Meeting required by Section 102-58 for the above amendments was held Thursday, M
October 11, 2018 at the Monroe County Government Center, Marathon, Florida at 5:30 p.m..
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The meeting was sparsely attended (four members of the public). I reviewed the proposed amendments a
with those present, and the following comments/recommendations were made by those present:
Nesting Areas (2016-123):
No recommendations for changes. 0
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Offshore Islands (2016-124):
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d f I?LL a lsla d All tnictgres de,e.rr:aaaa:l used d or occta_led on land classified as an Offshore Island �
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m da„ltallllbe aaa . d at constraacted such that:
1. develto as pa°uafi rinaall lrc pjrcahubited on o f�horra asland.s ancludn spot is an e been
alo cur at_aated.,.t s aan a st,.tl"nh�-Jaa d bird rookery okery air rriig t.in x area based aan resource a®ency best
,,.flabla. data or sr rvey�,,,,,��a a t,,,laaau�a�l„vaotaaaa;�,,,,,�rrrad �,oastal Mana ernent Policy 206.1.2.),
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a) There was discussion as to whether this paragraph applied to new development only, or if it would
extend to redevelopment or expansion of existing development(the specific examples discussed were E
Little Palm Island and Ballast Key). As worded, I believe this prohibition would extend to existing 0
development. Discussion is needed to determine the breadth of this prohibition.
2016-123 &2016-124 Community meeting memo Page 1 of 2
Packet Pg. 3009
b) There was public recommendation to extend this prohibition to offshore islands that are documented
habitat for ANY/ALL imperiled species. I explained that this may not be possible due to liabilities U)
associated with regulatory takings.
2. new resource exIng,ction pjj�, shall be on offshore islands; 0 COMMENTS 2
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shall n t..b rimitive 0
................................................................................................�2..............
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rn n 0
�)y owner in which no land clearing !2.L g..th��.r al teration o f th e 1 stand occurs the
................................... .............................................................................................................................................................. . ..............
iMly jj�,e, ofan offshore island wh.ich t �. .1 thout necessity of a pennit, NO COMMENTS........... y
............................................................................................................................
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4. the iise of a. ... L!-10 t.o.........r.....i.....z.......e.......d........ .v........e........h........i....cle.s............i....n........c.l....u.........d........i.....n.....
�ited to�truck�s caft�sbus�esmo�torc c�Ie s 2
aff-tcrrain vehicles .mid gq11' carts shall be 12MIlibited on offi,,bore islands that do not cont >
..................................................... ..................................................................................................... .....................................................................
J2.RMf nV NO COMMENTS
L—Fllsjnlirw'..wit na, ive v .gp..!,�I.Ijon shall be enco.ura g. ....h yt heneyer possible on and
spoil islands
a) There was public recommendation to establish specific requirements/standards for native as
landscaping, and to extend this requirement to development of all offshore islands, not just spoil
islands.
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ounty .)II-.)Iic f'.'a:Cilitics '.ttild S-11-Vic(.1s:� cxcllulin&--�g lcctrLqi..............................................................................................(............................................ ........................................................
Cornrnis,sion of the State offlorida. ic ion shall not be extended to offshore islands.
....................................................................................................................................................................... ...j.............t.....................
................................................ ...
,cilitics shall be re uired to comply'["hc (,"Xtension o ublic fg
............. ........................................... ................................................................................... with Policy 10 1012.2. NO COMMENTS
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2016-123 &2016-124 Community meeting memo Page 2 of 2
I Packet Pg. 3010
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6 MONROE COUNTY, FLORIDA r-
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7 PI,ANNING COMMISSION RESOLUTION NO. P14-19 0
9 A RESOLUTION BY THE MONROE COUNTY PLANNING E
10 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE .2
11 BY THE MONROE COUNTY BOARD OF COUNTY >
12 COMMISSIONERS AMENDING MONROE COUNTY LAND
13 DEVELOPMENT CODE CREATING A DEFINITION OF OFFSHORE
14 ISLAND; AMENDING SECTION 118-10 OF 'THE I-AND
15 DEVELOPMENT CODE TO FURTHER CLARIFY 'THE
16 DEVELOPMENT OF OFFSHORE ISLANDS; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR REPEEAL OF CONFLICTING
18 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
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19 LAND PLANNING AGENCY AND 'THE SECRETARY OF STATE;
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20 PROVIDING FOR INCLLISION IN THE, MONROE COUNTY LAND 17
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21 DEVELOPMENT CODE; PROVIDING FOR AN FIFE( TIVE DATIH.
22
23
24 WHEREAS, the Board of County ornmissioners of Monroe County, at a special meeting
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25 on January 14, 2015, unanimously passed a nioticm to direct staff' to impose a temporary
26 moratorium upon certain developinent applications of Offshore Islands due to pending legislation, 0
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27 and
28
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29 WHEREAS, during a special meeting of the Board of County Commissioners to consider
30 the transmittal of the 2030 Comprehensive Plan amendment package on January 14, 2015, a <
31 discussion was field and motion made and passed to direct staff not to accept any applications r-
32 regarding Offshore Islands that would involve a Transfer of Development Rights to Offshore .2
33 Islands, Transfer of ROGO Exemptions to Offshore Islands, and Map Amendments or Text 0
34 Amendments that. would bring about increased density or intensity to Offshore Islands; and U)
35
36 WHEREAS, the Monroe County Development Review Committee considered proposed .2 U)
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37 amendments for offshore islands at regularly scheduled meetings held on March 24, 2015, May E
39 26, 2015, August 25, 2015, October 27, 2015 and January 26, 2016; and E
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40 WHEREAS,the Monroe County Planning Commission considered proposed amendments
41 for offshore islands at a regularly scheduled meeting held on February 24, 2016-1 and
42
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43 WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2
44 specifying that the County Biologist will verify data and surveys submitted to document a bird
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45 rookery; and
46
Resolution #P14-19
File#2016-124 Page 1 43
I Packet Pg. 3011
I WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2
2 pertaining to including semi-colonial birds and recommended approval of' the proposed
3 amendments; and U)
4 (D
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5 WHEREAS, the Board Of County orninissioners held a public hearing on March 23,
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6 2016, provided for public comment and public participation in accordance with the requirements r-
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7 of state law and the procedures adopted for public participation in the planning process, to transmit 4-
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8 comprehensive plan arnendryients to the State Land Planning Agency and Reviewing Agencies as
defined in Section 163.3 194(l)(c), Florida Statutes for review and comment; and E
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11 WHEREAS, the Monroe Country Board Of County Coin mi ss i oners continued a public >
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12 hearing on March 23, 2016 to July 20, 2016, due to an omission in the advertised ordinance and to M
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13 provide for additional staff and legal review; and
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15 WHEREAS, the Board of County Commissioners held a public hearing oil July 20, 2016, 2
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10 to review and consider transmittal of proposed comprehensive plan amendments for offshore
17 islands to the State Land Planning Agency and Reviewing Agencies as defilled in Section
19 1 63.3184(i)(c), Florida Statutes for review and comment; and
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19
20 WHEREAS,the Board of'County(7onullissioners provided for public comment and public
21 participation in accordance with the requirements of state law and the procedures adopted for
22 public participation in the planning process; and
23 CL
24 WHEREAS, the Board of County Commissioners voted to not transmit the proposed 0
25 Comprehensive Plan Amendment and directed Staff to prepare the proposed amendments to the. 0
26 Land Development Code; and
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28 WHEREAS, Staff has prepared and presented the directed amendments to the I-and
29 Development Code in a Community Meeting on October 11, 2018, and E
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31 WHEREAS, the Monroe County Planning (7orrimission held a public hearing on the 27th
32 day of February, 2019, for review and recommendation oil the proposed Land Development. Code
33 text. amendment; and
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35 WHEREAS, the Planning Commission was presented with the following docurnents and
36 other information relevant to the request., which by reference is hereby incorporated as part of the .2
37 record of said hearing: .W
38 1. Staff"report prepared by Michael Roberts, Sr. Administrator of Environmental E
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39 Resources dated February 4, 2019; 0
40 1 Sworn testimony of Monroe County Planning & Environmental Resources
41 Department staff; and
42 3. Advice and counsel of Peter Morris, Assistant County Attorney, zinc] John Wolfe,
43 Planning Commission Counsel; and IL
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44
45 WHEREAS, based upon the information and documentation submitted, the Planning E
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46 Commission makes the following Findings of and Conclusions of Law:
Resolution#1)14-19
File#2016-124 Page 2 ot`3
Packet Pg. 3012
I I. The proposed amendment is consistent with the Goals, Objectives and Policies of the
2 Monroe County Year 2030 Comprehensive Plan; and
3 2. The proposed amendment is consistent with the Principles for Guiding Development
4 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 0
5 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
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6 4. The proposed amendment is necessary due to a need for additional detail as required 0
7 by Section 102-158 of the Monroe County Code;
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9 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF .2
io MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
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11 approval by the Board of County Commissioners of the proposed Land Development Code
12 arnendmeril to Chapter 101-1 to provide a definition for Offshore Island and amendments to
13 Chapter 118-10 providing design criteria for Offshore lslands, as presented in the staff report dated
14 February 4, 2019. U
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16 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
17 Florida, at a regular meeting field on the 27"' day of' February, 2019.
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19 Denise Wei-ling, Chair Yes 00
20 William Wiatt, Commissioner Yes
21 Torn Coward, Commissioner Yes CL
22 Joe Scarpelli, Commissioner Yes
23 Ron Miller, Commissioner Yes 0
24
25 PLANNING CO C MISSION 0 MONROE COUNTY, FLORIDA E
MISSION
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27 13Y z I
28 Denise Wei-ling, Chair
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30 Signed this P -day of 2019
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33 OTARY PtJBLIC, STATE OF FI.ORIDA
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35 Monroe County Planning Commission Attorney E
6 App7ed A 'I'c),For,/,,( E
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39 ftan J. Wolfe
40 Date:
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Resolution#P 14-19
File#2016-124 Page 3 o1'3
I Packet Pg. 3013
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7 MONROE COUNTY, FLORIDA
8 ORDINANCE NO. 2019 4-
9 c
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY E
11 COMMISSIONERS AMENDING MONROE COUNTY LAND c0.
12 DEVELOPMENT CODE SECTION 101-1,CREATING A DEFINITION OF
13 OFFSHORE ISLAND; AMENDING SECTION 118-10 OF THE LAND
14 DEVELOPMENT CODE TO FURTHER CLARIFY THE DEVELOPMENT
15 OF OFFSHORE ISLANDS; PROVIDING FOR SEVERABILITY;
16 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
17 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
18 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
19 INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT
20 CODE; PROVIDING FOR AN EFFECTIVE DATE.
21
22
23 WHEREAS,the Board of County Commissioners of Monroe County, at a special meeting
24 on January 14, 2015, unanimously passed a motion to direct staff to impose a temporary
25 moratorium upon certain development applications of Offshore Islands due to pending legislation;
26 and c
27
28 WHEREAS, during a special meeting of the Board of County Commissioners to consider
29 the transmittal of the 2030 Comprehensive Plan amendment package on January 14, 2015, a
30 discussion was held and motion made and passed to direct staff not to accept any applications
31 regarding Offshore Islands that would involve a Transfer of Development Rights to Offshore
32 Islands, Transfer of ROGO Exemptions to Offshore Islands, and Map Amendments or Text
33 Amendments that would bring about increased density or intensity to Offshore Islands; and
34 A
35 WHEREAS, the Monroe County Development Review Committee considered proposed
36 amendments for offshore islands at regularly scheduled meetings held on March 24, 2015, May
37 26, 2015, August 25, 2015, October 27, 2015 and January 26, 2016; and
38
39 WHEREAS,the Monroe County Planning Commission considered proposed amendments
40 for offshore islands at a regularly scheduled meeting held on February 24, 2016; and 0
41
42 WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2 E
43 specifying that the County Biologist will verify data and surveys submitted to document a bird
44 rookery; and
45
Page 1 of 10
Packet Pg. 3014
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I WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2
2 pertaining to including semi-colonial birds and recommended approval of the proposed
3 amendments; and
4
5 WHEREAS, the Board of County Commissioners held a public hearing on March 23,
6 2016, provided for public comment and public participation in accordance with the requirements 2
7 of state law and the procedures adopted for public participation in the planning process,to transmit
8 comprehensive plan amendments to the State Land Planning Agency and Reviewing Agencies as
9 defined in Section 163.3184(1)(c), Florida Statutes for review and comment; and -
10
11 WHEREAS, the Monroe County Board of County Commissioners continued a public E
12 hearing on March 23, 2016 to July 20, 2016, due to an omission in the advertised ordinance and to 0
13 provide for additional staff and legal review; and >
14
15 WHEREAS, the Board of County Commissioners held a public hearing on July 20, 2016,
16 to review and consider transmittal of proposed comprehensive plan amendments for offshore
17 islands to the State Land Planning Agency and Reviewing Agencies as defined in Section
18 163.3184(1)(c), Florida Statutes for review and comment; and
19
20 WHEREAS,the Board of County Commissioners provided for public comment and public
21 participation in accordance with the requirements of state law and the procedures adopted for
22 public participation in the planning process; and 17
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24 WHEREAS, the Board of County Commissioners voted to not transmit the proposed
25 Comprehensive Plan Amendment and directed Staff to prepare the proposed amendments to the
26 Land Development Code.
27 0
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: E
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31 Section 1. Section 101-1 of the Monroe County 2016 Land Development Code is amended
32 as shown. (Deletions are stricken through and additions are underlined.)
33
34 Chapter 101 GENERAL PROVISIONS
35 Sec. 101-1. Definitions.
36 The following words, terms and phrases, when used in this chapter, shall have the meanings
37 ascribed to them in this section, except where the context clearly indicates a different meaning:
38
39 Office use means a use where business,professional or governmental services are made available
40 to the public. The term excludes an office(s) ancillary to the operation of another defined land use
41 (i.e. commercial retail) on the site. 0
42 Offshore Island means an area of land, surrounded by water, which is not directly or indirectly
43 connected to U.S. 1 by a bridge, road or causeway_
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44 Open Space means (in relation to open space ratio calculations) that portion of any parcel or area
45 of land or water that is required to be maintained such that the area within its boundaries is open
Page 2 of 10
Packet Pg. 3015
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I and unobstructed from the ground to the sky (This definition is not intended to exclude vegetation
2 from required open space).
3
4
5 Section 2. Chapter 118-10 of the Monroe County 2016 Land Development Code is 2
6 amended as shown. (Deletions are stricken through and additions are underlined.)
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7 Sec. 118-10. Environmental Design for Specific Habitat Types. -
8 In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual E
9 habitats as outlined in this Section. 0
10 (a) Hammock. All structures developed, used or occupied on land classified as hammock (all
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11 types and all levels of quality) shall be designed, located and constructed such that:
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12 (1) All areas of required open space are maintained in their natural condition,including the
13 preservation of canopy, midstory, understory vegetation, ground cover and leaf litter
14 layer; and
15 (2) Clearing of native vegetation is limited to the area of approved clearing shown on the 0
16 approved site plan, which shall include a construction impact zone around all 17
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17 structures. Construction barriers shall be required at the outer edge of the construction
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18 impact zone and shall be visible and of durable material such as wood, fabric, wire
19 fencing, plastic safety fencing, or similar types that provide openings to allow the
20 passage of wind and water through them. Barriers shall be staked and remain in place
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21 and maintained in a functional condition until final inspection for a certificate of
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22 occupancy has been approved. During construction, there shall be no disturbances of 0
23 the ground surface and vegetation within required open space areas.
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24 (b) Pinelands. All structures developed, used or occupied on land classified as pinelands (all
25 types and all levels of quality) shall be designed, located and constructed such that:
26 (1) All areas of required open space are maintained in their natural condition, including
27 canopy, midstory, understory vegetation, and ground cover. Dead vegetative matter,
28 including leaf litter layer, may be removed for fire safety; and
29 (2) All structures are separated from the body of the pinelands by a clear, unvegetated fire
30 break of at least 15 feet width. Any clearing required to create this firebreak shall be
31 deducted from the total area of clearing allowed for the parcel. Clearing of native
32 vegetation shall be limited to the area of approved clearing shown on the approved site
33 plan, and the required firebreak. Construction barriers shall be required at the outer
34 edge of the area to be cleared and shall be visible and of durable material such as wood,
35 fabric, wire fencing, plastic safety fencing, or similar types, that provide openings to
Page 3 of 10
Packet Pg. 3016
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I allow the passage of wind and water through them. Barriers shall be staked and remain
2 in place and maintained in a functional condition until final inspection for a certificate
3 of occupancy has been approved. During construction, there shall be no disturbances
4 of the ground surface and vegetation within required open space areas.
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5 (c) Beach berm complex or disturbed with beach berm. All structures developed, used or 0
6 occupied on land classified as a beach berm complex or as disturbed with beach berm shall
7 be designed, located and constructed such that: 40
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8 (1) All structures are elevated on pilings or other supports. a
9 (2) No beach berm material is excavated or removed and no fill is deposited on a beach 0
10 berm except as needed for shoreline stabilization or beach renourishment projects with
11 a valid public purpose that furthers the goals of the Monroe County Comprehensive
12 Plan, as determined by the Planning Director. If applicable, all such projects shall
13 require approval by the Florida Department of Environmental Protection and the U.S.
14 Army Corps of Engineers prior to the commencement of development or construction
15 and/or prior to the issuance of a County `Notice to Proceed.'
16 (3) The clearing of beach berm vegetation is limited to the minimum clearing required to
17 allow development of a permitted use. Beach berm areas disturbed during construction
18 shall be immediately restored to stable condition pursuant to a restoration plan
19 approved by the County Biologist. Restoration techniques shall be designed to achieve
20 the maximum stability possible. Native plants shall be used exclusively in re-
21 vegetation.
22 (4) A construction impact zone is provided and construction barriers are required at the
23 outer edge of the construction impact zone and shall be visible and of durable material
24 such as wood, rope or wire cable. No fencing or other material that can entrap wildlife E
25 may be used as a construction barrier on a beach berm. No vehicular or pedestrian
26 traffic shall be permitted outside of the construction barriers for the duration of the E
27 construction period. Barriers shall remain in place and maintained in a functional
28 condition until final inspection for a certificate of occupancy has been approved.
29 (d) Offshore Islands. All structures developed, used or occupied on land classified as an
30 Offshore Island shall be designed, located and constructed such that:
31 (1) development shall be prohibited on offshore islands (including spoil islands)which have
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32 been documented as an established bird rookery or nesting area based on resource agency
33 best available data or surveys (See Conservation and Coastal Management Policy
34 206.1.2.),
35 (2) new resource extraction pits shall be prohibited on offshore islands,
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36 (3) campgrounds and marinas shall not be permitted on offshore islands, however,
37 temporary primitive camping by the owner,in which no land clearing or other alteration
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I of the island occurs, shall be the only use of an offshore island which may occur without
2 necessity of a permit;
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3 (4) the use of any motorized vehicles including, but not limited to, trucks, carts, buses,
4 motorcycles, all-terrain vehicles and golf carts shall be prohibited on offshore islands
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5 that do not contain any development, c
6 (5) planting with native vegetation shall be encouraged whenever possible on spoil islands; c
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7 and
8 (6) County public facilities and services, excluding electricity over which the Public 0.
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9 Services Commission of the State of Florida exercises jurisdiction, shall not be extended >
10 to offshore islands. The extension of public facilities shall be required to comply with
11 Policy 101.12.2.
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12
13 (fie) Mangroves,wetlands, and submerged lands. All structures developed,used or occupied on
14 land classified as mangroves,wetlands or submerged lands (all types and all levels of quality)shall
15 be designed, located and constructed such that: c
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16 (1) Generally. Only docks and docking facilities, boat ramps, walkways, water access
17 walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
18 seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
19 wetlands, and submerged lands, subject to the specific restrictions of this subsection.
20 Trimming and/or removal of mangroves shall meet Florida Department of c
21 Environmental Protection requirements.
22 (2) Protection of circulation patterns. Shoreline structures shall be designed to protect tidal
23 flushing and circulation patterns. E
24 (3) Dredging. The following restrictions shall apply to dredging activities:
25 a. No new dredging shall be allowed in the County except as specified for boat
26 ramps in Section 118-12(1) (shoreline setback, boat ramps).
27 b. No maintenance dredging shall be permitted within areas vegetated with seagrass
28 beds or characterized by hard bottom communities except for maintenance
29 dredging in public navigation channels.
30 C. In order to facilitate establishment and prevent degradation of bottom vegetation,
31 maintenance dredging in artificial waterways shall not exceed depths greater than
32 six feet at mean low water(MLW). This restriction does not apply to the entrance
33 channels into Key West Harbor and Safe Harbor.
34 d. All dredged spoil materials shall be placed on permitted upland sites designed 2
35 and located to prevent runoff of spoil material into wetlands or surface waters.
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I e. All such projects shall require approval by the Florida Department of
2 Environmental Protection and the U.S. Army Corps of Engineers prior to the
3 commencement of development or construction and/or prior to the issuance of a
4 County `Notice to Proceed.'
5 f. Exemptions:
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6 1. Pursuant to Policy 202.8.6, canal restoration projects developed to
7 determine the effectiveness of water quality strategies of the Florida Keys
8 National Marine Sanctuary Water Quality Protection Program that meet the
9 following criteria are exempt from the restrictions in 118-10(d)(3)b: E
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10 i. Projects are limited to previously dredged artificial canals �
11 characterized as having poor or fair water quality within the 2013
12 Monroe County Canal Management Master Plan.
13 ii. Projects are performed or funded by public entities (county, state, or
14 federal) for organic material removal; and
15 iii. Projects are backfilled to a depth of six to eight feet (6ft - 8ft), or an
16 alternative depth as determined by best available scientific data and
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17 authorized by the state and federal permitting agencies; and
18 iv. Hydraulic (vacuum) dredging shall be considered the preferred means
19 of removal of the organic material. If hydraulic dredging is not
20 proposed to accomplish the organic material removal, a public hearing
21 before the Board of County Commissioners (BOCC) shall be required
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22 prior to issuance of a County permit. c
23 2. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration E
24 projects to remove decomposing organic material from previously dredged
25 artificial canals(down to the bedrock)without backfilling will be performed
26 and evaluated for effectiveness. Water quality monitoring of these two (2)
27 organic removal pilot projects shall be conducted at a two- (2)year point of
28 time and a ten- (10)year point of time after completion of the pilot projects, r-
29 and a water quality report shall be reviewed to determine the effectiveness
30 in improving dissolved oxygen concentrations, as identified in the surface
31 water quality criteria in Ch. 62-302.530, F.A.C., in the two (2) organic
32 removal pilot projects canals.
33 (4) Placement offill. No fill shall be permitted in any mangroves, wetlands, or submerged
34 lands except:
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35 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
36 Seawalls, Riprap) and 118-12(1) (Boat Ramps);
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I b. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip,
2 boat basin or swimming pool if the County Biologist determines that such filling
3 will not have a significant adverse impact on marine or wetland communities;
4 C. As needed for shoreline stabilization or beach renourishment projects with a valid
5 public purpose that furthers the goals of the Monroe County Comprehensive Plan,
6 as determined by the County Biologist; 0
7 d. For bridges extending over salt marsh and/or buttonwood association wetlands
8 that are required to provide automobile or pedestrian access to lawfully -
9 established dwelling units located on upland areas within the same property for
10 which there is no alternate means of access. Such bridges shall be elevated on E
11 pilings so that the natural movement of water, including volume, rate and 2
12 direction of flow shall not be disrupted or altered; or
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13 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands
14 with appropriate mitigation as defined by the wetland regulations of subsection
15 (e)(6) of this Section.
16 (5) After-the fact exclusion. No after-the-fact permits shall be issued that violate the
17 County dredge and filling regulations. All fill shall be removed and all damages
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18 mitigated.
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19 (6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh andIr-
20 buttonwood association may be filled for development in accordance with the
21 following criteria:
22 a. Disturbed wetlands proposed for filling will be evaluated by a County Biologist c
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23 using the Keys Wetlands Evaluation Procedure (KEYWEP) and assigned a
24 KEYWEP score. The County Biologist may conduct a current KEYWEP analysis E
25 to confirm or update a parcel's KEYWEP scores.
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26 1. Wetland quality categories based on KEYWEP scoring:
27 i. High functional capacity wetlands: those wetlands that score higher
28 than 5.5, regardless of previous disturbance. Development is
29 prohibited under any circumstances.
30 ii. Moderate functional capacity wetlands: those wetlands that score 5.5
31 or less, but greater than or equal to 4.6. These wetlands are suitable
32 for development with appropriate mitigation.
33 iii. Low functional capacity wetlands: those wetlands that score less than 2
34 4.6 or are assigned a green-flag designation as suitable for 0
35 development. These wetlands are suitable for development with
36 appropriate mitigation. E
37 2. Wetlands determined by KEYWEP to have a high functional capacity
38 (those wetlands that score above 5.5 or those wetlands that are assigned a
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I red flag) are not suitable for filling. The open space ratio for such wetlands
2 will be 1.0 (100%).
3 U)
4 3. Wetlands determined by KEYWEP to have moderate or low functional
5 capacity (those wetlands that score 5.5 or less or are assigned a green flag)
6 are suitable for filling with appropriate mitigation, as determined by the 2
7 Florida Department of Environmental Protection (DEP) and the U.S. Army
8 Corps of Engineers (ALOE). All such projects shall require documentation
9 that all aspects of DEP and ACOE mitigation have been satisfied prior to -
10 the commencement of construction and/or prior to the issuance of a County
11 `Notice to Proceed.' E
12 0
13 b. Placement of fill within disturbed wetlands is subject to the environmental design >
14 clustering criteria (see Section 118-7(f)). Less sensitive habitats on the subject
15 parcel must be developed before disturbed wetlands are filled.
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17 C. Any portion of a wetland filled under these provisions shall be considered
18 disturbed habitat with a required open space ratio of 0.20. In the event that state
19 and/or federal permits restrict fill to the development area only, this provision
20 will not apply. ,
21
22 d. Any development within a wetland so filled shall conform to the setbacks 17
23 established by the DEP and the ACOE permits, and to the minimum yards �
24 required by Chapter 131 of this LDC.
25 (7) Vegetated buffer required between development and wetlands. Except as allowed in
26 Section 118-7 (general environmental design criteria), a minimum vegetated setback 0
27 of 50 feet shall be maintained as an open space buffer and shall be protected by a grant
28 of conservation easement running in favor of the County for development occurring E
29 adjacent to all types of wetlands, with the following exceptions:
E
30 a. If a 50-foot setback results in less than 2,000 square feet of principal structure
31 footprint of reasonable configuration, then the setback may be reduced to allow
32 for 2,000 square feet of principal structure footprint of reasonable configuration,
33 provided that the setback is not reduced to less than 25 feet.
34 b. On properties classified as scarified adjacent to wetlands, the wetland setback
35 may be reduced to 25 feet, without regard to buildable area, if the entire setback
36 area: a�
37 1. Is planted and maintained in native vegetation meeting the standards of a
38 class D bufferyard or a bufferyard providing similar protection (Section 0
39 114-128 Bufferyard standards)with the exception that understory trees may
40 be substituted for canopy trees;
41 2. Contains a site-suitable stormwater management plan approved by the
42 County Biologist; and
43 3. Is placed under a conservation easement.
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Q.6.d
I C. The wetland setback required by this subsection shall not apply to mangrove or
2 wetland fringes occurring along manmade canals, channels, or basins.
3 d. The wetland setback required by this Section shall not apply to areas filled in Ui
4 accordance with 118-10(d)(6) where state and/or federal permits restrict the fill
5 to the development area only.
6 e. On properties where the wetland is located between the development and water
7 (shoreline), the terms of the grant of conservation easement may be amended to
8 allow up to a four-foot wide (oft) boardwalk or similar water-access structure to
9 allow access to the water. The terms may only be amended if the County Biologist -
10 makes written findings of fact and conclusions of biological opinion that
11 substantiate the need and/or benefits to be derived from the amendment. E
0.
12 >
13 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
14 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by
15 such validity.
16
17
18 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
19 conflict with this ordinance are hereby repealed to the extent of said conflict.
20
21
22 Section 5. Transmittal. This ordinance shall be transmitted by the Board of County �
23 Commissioners to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
24 Florida Statutes.
25
26
27 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
28 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida E
29 State Land Planning Agency or Administration Commission finding the amendment in
30 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. E
31
32
33 Section 7. Inclusion in the Land Development Code. The amendment shall be
34 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
35 amendment may be renumbered to conform to the numbering in the Monroe County Land
36 Development Code.
37
38
39
40
41
42
43
44
45
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Q.6.d
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of 2019.
3
4 Mayor Sylvia Murphy
5 Mayor Pro Tem Danny L. Kolhage
6 Commissioner Michelle Coldiron 2
7 Commissioner Heather Carruthers
8 Commissioner David Rice
9 0
10
11 E
12 0
13 BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA
15
16
17 BY
18 Mayor Sylvia Murphy
19
20 (SEAL) ,
21
22 ATTEST: KEVIN MADOK, CLERK
2300
24
25
26 DEPUTY CLERK
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