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Item X3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 21. 2003 Division: Growth Manal!ement Bulk Item: Yes No X Department: Planninl! Deoartment AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution on the request of the Planning Department to amend Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan concerning Shoreline Setbacks and to amend Section 9.5-349 (Shoreline Setbacks) of the Monroe County Land Development Regulations. ITEM BACKGROUND Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line." Many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan, were developed with principal structures built within the twenty (20) foot shoreline setback. Because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet. As a result, while the older home could continue to be maintained it could never be replaced with a FEMA approved modular home.The requirement of the twenty (20) foot setback has other implications in addition to the inability to replace a mobile home with a FEMA approved structure, Many smaller lots have homes located in such a way that they are unable to add a deck or stairway to the entrance of a lawfully established principal dwelling because the construction would penetrate the existing shoreline setback, Since there is no possibility of relaxing these setback requirements by permitting a waiver or variance of the current regulations, these requests are currently denied and owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration, At the November 26, 2002 meeting the Development review Committee reviewed the proposed amendments and voted to recommend APPROVAL to the Monroe County Planning Commission. The Planning Commission, at the public hearing of March 12, 2003, found that the existing Shoreline Setback protects the quality of waters surrounding the Florida Keys and voted against recommending a change in the existing setbacks fmding: Staff continues to support the original concept proposed in the agreement reached with the DCA. The agreement allows for a 10- foot minimum setback for all developed. lots or allows redevelopment or replacement within the existing building footprint. Staff recommends APPROVAL of the text change to the Monroe County Year 2010 Comprehensive Plan and the text change to the Monroe County Land Development Regulations, PREVIOUS RELEVANT BOCC ACTION: None CONTRACTIAGREEMENTCHANGES: NM STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Arty ~ Risk Management _ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: AGENDAITEM#~ RESOLUTION NO. -2003 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 212.2.3 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CONCERNING SHORELINE SETBACKS. WHEREAS, the Monroe County Board of County Commissioners held a public hearing on May 21, 2003, for the purpose of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to Policy 212.2,3 ofthe Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioners support the recommendation proposed by the Monroe County Development Review Committee (DRC Resolution No. DI8-02) to amend Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1, The Board of County Commissioners does hereby adopt the recommendations of the Planning Department pursuant to the draft ordinance for the adoption of the proposed amendment to Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380,0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of9J-l1.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. (Balance of this page is intentionally left blank) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) AMENDMENTS TO THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN a. MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Key Largo May 21, 2003 PROPOSED AMENDMENTS TO MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND MONROE COUNTY LAND DEVELOPMENT REGULATIONS CONCERNING SHORELINE SETBACKS A request filed by the Monroe County Department of Planning concerning Amendments to Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan concerning Shoreline Setbacks and to Section 9.5-349 (Shoreline Setbacks) of the Monroe County Land Development Regulations. Comp Plan and LDR Recommendations Staff Approval November 20,2002 Staff Report DRC Approval November 26, 2002 Resolution #D 18-02 PC Denial March 12,2003 Resolution #P16-03 BOCC STAFF REPORT MEMORANDUM TO: Monroe County Board of County Commissioners FROM: Fred Gross, Director of Lower Keys Planning Team DATE: April 22, 2003 RE: AMENDMENT TO POLICY 212.2.3 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CONCERNING SHORELINE SETBACKS AND AMENDMENT TO SECTION 9.5-349 (SHORELINE SETBACKS) OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS I. BACKGROUND Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states "Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations." Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including man made canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line." Many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan. were developed with principal structures built within the twenty (20) foot shoreline setback. Because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet. As a result, while the older home could continue to be maintained but are difficult to replace with a larger FEMA approved raised manufactured home. The requirement of the twenty (20) foot setback has other implications in addition to the inability to replace a mobile home with a FEMA approved structure. Many of the smaller lots have homes located in such a way that they are unable to add a deck or stairway to the entrance of a lawfully established principal dwelling because the construction would penetrate the existing shoreline setback. Since there is no possibility of relaxing these setback requirements by permitting a waiver or variance of the current regulations, these requests are currently denied Page 1 of 5 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\BOCC staff report.doc and owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration. In response to this problem, the Planning Department has proposed a modification to the twenty (20) foot required setback regulations. It is proposed that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff. The Department of Community Affairs (DCA), in an attached memorandum (Exhibit A), has indicated that they were amenable to such a modification. At the November 26, 2002 meeting the Development review Committee reviewed the proposed amendments and voted to recommend APPROVAL to the Monroe County Planning Commission. At the regularly scheduled public hearing of December 4, 2002 the Monroe County Planning Commission, reviewed the staff report, heard sworn testimony from staff, and comments from the public. The hearing was continued to December 17, 2002 and staff was instructed to revise the proposed text. This hearing was continued to January 8, 2003 because there still remained a number of outstanding issues. At the meeting of January 8, 2003, the Planning Commission continued the hearing to February, 12, 2003 in order for staff to bring forward the answers to outstanding issues. There were a number of questions concerning the magnitude of the proposal if it was approved. There are 6,293 total parcels in the URM and URM-L land use districts. Of those, 3,429 are waterfront parcels. Of the 3,429 waterfront parcels, 3,083 have a structure and only 346 are vacant. Finally, of the 3,083 parcels with structures, 2,687 of those are mobile homes. During the past 2 years, research of our permitting records indicates that permits for residential units on waterfront lots have been issued for 60 mobile homes and 29 modular homes in URM and URM-L districts. Speaking specifically of the Outdoor Resorts park, there are 406 total parcels of which 216 are waterfront parcels, To this date, 25 permits have been granted for residential development. At the February 12, 2003 meeting of the planning commission, staff was directed to meet with the concerned parties to discuss the outstanding issues. A meeting was held on February 25, 2003. Marlene Conaway and Fred Gross represented the pla~ning department, Rebecca Jetton represented the DCA, and Nicholas Mulick was present as legal council for both Outdoor Resorts and Venture Out homeowners. Members of the homeowner's associations of both communities were also in attendance. The proposed 10-foot setback satisfies the needs of Page 2 of 5 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\BOCC staff report,doc - Venture Out. Outdoor Resorts, however, continued to press for a 2-foot setback. Outdoor Resorts maintains that the only critical element, which must be satisfied, is the storm water runoff into the ocean. They contend that 2-feet is a sufficient setback if the storm water is "properly" diverted. However, no scientific information was presented to support that contention. Staff did volunteer to investigate whether the Southwest Florida Water Management District (SWFWMD) had any studies or statistical data that would be relevant to the issues. The only studies that appear to have been done relate to rivers and wetlands where setbacks run from 50 to 100 feet. The Planning Commission, at the public hearing of March 12, 2003, voted against recommending a change in the existing setbacks finding: a. The existing shoreline setbacks were adopted to protect the quality of waters surrounding the Florida Keys. b. No scientific or environmental evidence that justified a reduction in the existing setback requirements was presented. c, Granting specific exemptions to a particular class of ownership would be unfounded. d. Some relief is granted to existing structures that presently are permitted to be replaced in their original footprint even if that footprint encroaches on the required shoreline setback of 20 feet. e. Additional relief has been granted by permitting some accessory uses to be constructed within the 20-foot setback, II. STAFF RECOMMENDATION Staff continues to support the original concept proposed in the agreement reached with the DCA. The agreement allows for a 10-foot minimum setback for all developed lots or allows redevelopment or replacement within the existing building footprint. Staff recommends APPROVAL of the text change to the Monroe County Year 2010 Comprehensive Plan and the text change to the Monroe County Land Development Regulations. Page 3 of 5 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\BOCC staff report,doc EXHIBIT "A" Momoe County Dep81twent of Planning and Environmental Resources 2798 Overseas Highway Marathon Florida 33050 305-289-2500 b conawav@D!ail.state.fl.us September 7, 2002 TO: Growth Management Division K. Marlene Conaway, Directorl~" SJJ.9 Department of Planning and E~~~tal Resources FROM: POLICY AI-02-122 Administrative Interpretation RE: Shoreline setbacks for principal structures on developed lots Background Administrative Direction NO: 01-109 stopped the practice of allowing placement of new mobile homes within the shoreline setback if they expanded the footprint of the previous structure. Policy 212.2.1 of the 2010 plan states that the shoreline setbacks cannot be relaxed. Since the issuing of the previous direction DCA, the county, local attorneys and representatives of the mobile home parks have been in negotiations to try and fmd a way to permit the needed redevelopment of lots that are too small or oddly shaped to meet the required setbacks. The attached letter from DCA discusses the issue and determines that under the existing regulations the planning director can issue this interim policy to allow development to move forward while we are amending the plan and LDRs, Policy On altered shorelines that are developed with a lawfully established principal use the required setback may be reduced to a minimum often (10) feet provided that: a. storm water runoff from the entire site is managed on site using Best Management Practices utilizing berms and infiltrating runoff; b. The total combined area of all structures, principal and accessory, does not occupy more than sixty (60) percent of the upland area of the required twenty foot shoreline setback; c. The proposed development protects the character and over water views of the community; d. Shoreline vegetation is protected; and e. Open space ratios are maintained, The Department of Community affairs agrees with implementation of this interim policy, . STATE OF FLORIDA DEPARTME~T OF COMMUNITY AFFAIRS · Dedicated to making Florida a better place to caJ/ home. JEI BUSH GOIIernor STEVEN M. SEIBERT Secreury September 3, 2002 Marlene Conaway, Planning Director Monroe County Growth Management Department 2798 Overseas Highway, Suite 430 Marathon, Florida 33050 Dear Ms. Conaway: Monroe County Comprehensive Plan requires that a principle structure set back 50 feet from mean high water on an unaltered shoreline; 30 feet on a shoreline that has been altered but has a mangrove fringe, and 20 feet from an altered shoreline, About 6 months ago, the County adopted a stipulated settlement agreement to resolve a finding of non compliance for Comprehensive Plan amendment 99-1. Many weeks were spent meeting with staff, reviewing aerials and debating the issue to reach the compromise which led to the settlement agreement. Land Development Regulations were also adopted to implement the agreement. Prior to 1996, a citizen could request a variance to the shoreline set back. however the 1992 plan, which went in to effect in 1996, contained a policy which states that the shoreline set back can not be relaxed, The Monroe County Comprehensive Plan at Objective 101.8 addresses the elimination or reduction of frequency of uses which are inconsistent with the plan and regulations, Policy 101.8.8 allows the expansion and enlargement of a non conforming structure provided that the improvement is not a substantial improvement; not a non conforming use; and the non conformity is not further violated, however the policy does not address voluntary replacement, Policy 101,8.10 discusses the replacement of non conforming structures which are damaged or destroyed and allows for their replacement provided the maximum shoreline set back shall be maintained and in no event shall the shoreline set back be less than 10 feet from mean high waters, Section 9,5-349 0 (4) of the recently adopted Land Development regulations provides that "lawfully existing structures within the shoreline setback along canals, channels, or basins, and serving three or fewer dwellings may be rebuilt in the same footprint provided there will be no adverse impacts on stormwater runoff, turtles, ete" The Land Development Regulations do not address areas or subdivisions with more than three dwellings, 2555 SHUMARD OAK BOULEVARD. TAllAHASSEE, FLORIDA 32399.2100 Phone: BSO,4BB,B466/Suncom 278,8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FiElD OFFICE 2796 OvPBPO' Highwoy, SUIIP 212 Morolhon. FL 3JOSG-2227 13051 289.2402 COMMUNITY PLANNI!';G 2555 Shumard Ook BOUlevard Tolloho"~. Fl 32399,2100 (85m 488,2356 EMERGENCY MANAGEMENT 2535 Shumard o.ak Boul~vard TollohO,_. Fl 32399,2100 18501 413,9969 HOUSINC & COMMUNITY DEvtlOPMENT 2555 Shumard Ook Boulpvord Tolloh.ll'_, FL 32399-2100 18501488,7956 Shoreline Set-back Memo September 3, 2002 Page Two There are approximately 3,835 - 6,477 lots classified as RV and URM-L. Most of these areas were initially developed and zoned as Recreational Vehicle Parks and contained small, odd shaped lots which are approximately 2,400 s.f in size, The parks are intensely developed with very little pervious area, Most of the parks have central wastewater, but few have central stonnwater management. Through the permitting process, historically, the County and the Department have allowed the replacement of Recreational Vehicles with mobile homes within the URM-L District. The Recreational Vehicles Parks were re-zoned from RV to URM-L so that owners could elevate the structures at least 3 feet to be in compliance with FEMA Regulations, Most of these parks have been converted to condominium associations~ do not have internal lot lines although each lot is under individual ownership, The parks are frequently non-conforming as to density and shoreline set backs because they were established prior to the 1986 Comprehensive Plan, Additionally, County staffhas written administrative determinations over the years which allowed the replacement of structures within the shoreline set-back. While these Administrative Interpretations have no validity in law within an area of Critical State concern because they have not been adopted by the Department, previous stafffrom the Department have been aware of this practice. This issue came to light recently when a county employee brought a replacement mobile home which did not meet the shoreline set back to the attention of the Planning Department. During the last two months, the county has been unwilling to allow the replacement with a unit which is wider than the original structure because this is considered the expansion of a non confoming structure. Venture Out has filed an appeal of the Planning Department's decision to not allow the replacements, Venture Out is willing to delay the appeal pending direction from the Department. The County does not want to enter an agreement which only concerns Venture Out because there are many URM-L zoning districts with similar problems. In addition, there are many houses and businesses which are built right at the water's edge which do not meet the shoreline setback and are located on small lots, Various proposals have been discussed regarding the resolution of this issue. The county wants a resolution which would apply county-wide to all non-conforming structures within the shoreline set back. I could support allowing the replacement of a structure within the same footprint and allow a larger structure provided the shoreline set-back is not further encroached, the lot meets the open space ratio required by the LDRs and site suitable stormwater management is provided, Shoreline Set-back memo September 3, 2002 Page Three As an interim approach, the Department is willing to recognize the informal practice which is currently in place if the County will write an administrative interpretation which outlines the practice, followed by a Comprehensive Plan and LDR amendment. The Depanment will provide feed back as the County crafts the proposed language. Sincerely, ~ Rebecca Jetton, Administrator Area of Critical State Concern Program cc: Nick Mulick BOCC ORDINANCE (Approval) ORDINANCE NO. -2003 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND POLICY 212.2.3 (SHORELINE SETBACKS) OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORA nON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states "Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations"; and WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line"; and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet as measured from the mean high water line; and WHEREAS, while older homes could continue to be maintained, it is difficult to replace them with a larger FEMA approved raised manufactured home; and WHEREAS, there is no possibility of relaxing these setback regulations by permitting a waiver or variance of the current regulations the owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration; and WHEREAS, the Planning Department has proposed that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Comp Plan SOCC ORD approval.doc WHEREAS, the Department of Community Affairs (DCA), in an attached memorandum (Exhibit A), has indicated that they are amenable to such a modification; and WHEREAS, att he November 26, 2002 meeting of the Development Review Committee, the Committee voted to recommend APPROVAL of the amendments; and WHEREAS, at a hearing of March 12,2003, the Planning Commission voted to DENY a change in setbacks (Resolution PI6-03); and WHEREAS, staff continues to support the original concept proposed In the agreement reached with the DCA; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Policy 212,2.3 of the Monroe County Year 2010 Comprehensive Plan is hereby amended as follows: Policy 212.2.3 Permitted uses and performance standards within the shoreline setback shall be as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line; 2. Along lawfully altered shorelines including manmade canals_ channels. and basins that are developed with a lawfully established principal use. the required setback may be reduced to a minimum often (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts. ~J.. ~4. I. Deletea text is strikethrough New text is underlined Section 2. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Comp Plan SOCC ORD approval.doc Section 4. The ordinance is hereby transmitted to the Floricta Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D" 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Comp Plan SOCC ORD approval.doc BOCC ORDINANCE (Denial) ORDINANCE NO. -2003 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND POLICY 212.2.3 (SHORELINE SETBACKS) OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN. WHEREAS, Objective 101.8 ofthe Monroe County Year 2010 Comprehensive Plan states "Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations"; and WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line"; and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet as measured from the mean high water line; and WHEREAS, while older homes could continue to be maintained, it is difficult to replace them with a larger FEMA approved raised manufactured home; and WHEREAS, there is no possibility of relaxing these setback regulations by permitting a waiver or variance of the current regulations the owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration; and WHEREAS, the Planning Department has proposed that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and WHEREAS, the Department of Community Affairs (DCA), in an attached memorandum (Exhibit A), has indicated that they are amenable to such a modification; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Gomp Plan SOGG ORD denial.doc WHEREAS, at he November 26, 2002 meeting of the Development Review Committee, the Committee voted to recommend APPROVAL ofthe amendments; and WHEREAS, at a hearing of March 12, 2003, the Planning Commission voted to DENY a change in setbacks (Resolution P16-03); and WHEREAS, the Commission finds that the existing shoreline setbacks were adopted to protect the quality of the waters surrounding the Florida Keys; and WHEREAS, the Commission finds that no scientific or environmental evidence that justified a reduction in the existing setback requirements was presented; and WHEREAS, the Commission finds that granting specific exemptions to a particular class of ownership would be unfounded; and WHEREAS, the Commission finds that it is, in fact, possible to replace a mobile home with certain smaller models of the modular home; and WHEREAS, the Commission finds that some relief is granted to eXIstmg structures that are currently permitted to be replaced in their original footprint even if that footprint encroaches on the required shoreline setback of twenty (20) feet; and WHEREAS, the Commission finds that additional relief has been granted by permitting some accessory uses to be constructed within the twenty (20) foot setback; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the current twenty- foot altered shoreline setback be maintained and the proposed amendment to the text of the Monroe County Year 2010 Comprehensive Plan as requested by the Monroe County Planning Department be DENIED. (Balance of this page is intentionally left blank) Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Comp Plan SOCC ORD denial.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D" 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) A.ttorney's Ofr1ce ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\Comp Plan SOCC ORD denial.doc BOCC ORDINANCE (Approval) ORDINANCE NO. -2003 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND SECTION 9.5-349 (SHORELINE SETBACKS); PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Objective 101.8 ofthe Momoe County Year 2010 Comprehensive Plan states "Momoe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations"; and WHEREAS, Policy 212.2.3 ofthe Momoe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line"; and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet as measured from the mean high water line; and WHEREAS, while older homes could continue to be maintained, it is difficult to replace them with a larger FEMA approved raised manufactured home; and WHEREAS, there is no possibility of relaxing these setback regulations by permitting a waiver or variance of the current regulations the owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration; and WHEREAS, the Planning Department has proposed that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD approval.doc WHEREAS, the Department of Community Affairs (DCA), in an attached memorandum (Exhibit A), has indicated that they are amenable to such a modification; and WHEREAS, at he November 26, 2002 meeting of the Development Review Committee, the Committee voted to recommend APPROVAL of the amendments; and WHEREAS, at a hearing of March 12, 2003, the Planning Commission voted to DENY a change in setbacks (Resolution P16-03); and WHEREAS, staff continues to support the original concept proposed In the agreement reached with the DCA; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 9.5-349(b)(2) of the Monroe County Land Development Regulations is hereby amended as follows: Section 9.5-349(b)(2) 2, Along lawfully altered shorelines including manmade canals. channels. and basins. which are developed with a lawfully established principal use. the required setback may be reduced to a minimum of ten (10) feet provided that: a. The total combined area of all structures. principal and accessory. does not OCCUPy more than sixty (60) percent of the upland area ofthe required twenty (20) foot shoreline setback: b. The proposed development protects the character and over water views of the community: c. Shoreline vegetation is protected: and d. Open space ratios are maintained. ~3, ~4. I. Deletea text is strikethrOl:lgh. New text is underlined Section 2. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD approval.doc Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD approval.doc BOCC ORDINANCE (Denial) ORDINANCE NO. -2003 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND SECTION 9.5-349 (SHORELINE SETBACKS). WHEREAS, Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states "Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations"; and WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line"; and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet as measured from the mean high water line; and WHEREAS, while older homes could continue to be maintained, it is difficult to replace them with a larger FEMA approved raised manufactured home; and WHEREAS, there is no possibility of relaxing these setback regulations by permitting a waiver or variance of the current regulations the owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration; and WHEREAS, the Planning Department has proposed that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and WHEREAS, the Department of Community Affairs (DCA), in an attached memorandum (Exhibit A), has indicated that they are amenable to such a modification; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD denial.doc WHEREAS, at he November 26, 2002 meeting of the Development Review Committee, the Committee voted to recommend APPROVAL of the amendments; and WHEREAS, at a hearing of March 12, 2003, the Planning Commission voted to DENY a change in setbacks (Resolution PI6-03); and WHEREAS, the Commission fmds that the existing shoreline setbacks were adopted to protect the quality of the waters surrounding the Florida Keys; and WHEREAS, the Commission finds that no scientific or environmental evidence that justified a reduction in the existing setback requirements was presented; and WHEREAS, the Commission fmds that granting specific exemptions to a particular class of ownership would be unfounded; and WHEREAS, the Commission finds that it is, in fact, possible to replace a mobile home with certain smaller models of the modular home; and WHEREAS, the Commission finds that some relief is granted to existing structures that are currently permitted to be replaced in their original footprint even if that footprint encroaches on the required shoreline setback of twenty (20) feet; and WHEREAS, the Commission finds that additional relief has been granted by permitting some accessory uses to be constructed within the twenty (20) foot setback; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the current twenty- foot altered shoreline setback be maintained and the proposed amendment to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department be DENIED. (The balance of this page has been intentionally left blank) Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD denial.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) AS TO FORM ~TJ:::FICI ' .AttOm~c~ ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 3 of 3 W:\Planning\Wor1<ing Folders\Gross-Fred\Shoreline Setbacks\LDR soee ORD denial.doc PC RESOLUTION MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P16.Q3 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING DENIAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING COMPREHENSIVE PLAN POLICY 212.2.3 CONCERNING SHORELINE SETBACKS AND BY AMENDING LAND DEVELOPMENT REGULATION SECTION 9.5-349 (SHORELINE SETBACKS) TO PERMIT A REDUCTION OF THE REQUIRED SHORELINE SETBACKS FOR SMALL LOTS. WHEREAS, Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line;" and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan, were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, on very small lots designed for RV's, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet; and WHEREAS, there is no possibility of relaxing these setback requirements by permitting a waiver or variance of the current regulations; and WHEREAS, the planning department proposes that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and WHEREAS, the Department of Community Affairs (DCA) has indicated that they are amenable to such a modification; and WHEREAS, The proposed resolution was heard before the planning commission on December 4, 2002, continued and again heard on December 17, 2002, continued and again heard on January 8, 2003, continued and again heard Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\PC RESO.doc on February 12, 2003, continued and scheduled to be heard on March 12,2003; and WHEREAS, on March 12, 2003, the Monroe County Planning Commission, again held a public meeting on this proposed amendment; and WHEREAS, the Monroe County Planning Commission was presented with the following evidence, which by reference is hereby incorporated as part of the record of said hearing; 1. Staff report prepared on March 5, 2003 by Fred Gross, Island Planning Team Director. 2. Proposed change to the Monroe County Land Development Regulations. 3. The sworn testimony of the Growth Management Staff. 4. The sworn testimony of Nicholas Mulick, attorney for both Outdoor Resorts and Venture Out Resort Condominiums. 5. The sworn testimony of property owners from Outdoor Resorts. 6. The sworn testimony of residents of Monroe County; and WHEREAS, the Commission finds that the existing shoreline setbacks were adopted to protect the quality of the waters surrounding the Florida Keys; and WHEREAS, the Commission finds that no scientific or environmental evidence that justified a reduction in the existing setback requirements was presented; and WHEREAS, the Commission finds that granting specific exemptions to a particular class of ownership would be unfounded; and WHEREAS, the Commission finds that it is, in fact, possible to replace a mobile home with certain smaller models of the modular home; and WHEREAS, the Commission finds that some relief is granted to existing structures that are currently permitted to be replaced in their original footprint even if that footprint encroaches on the required shoreline setback of twenty (20) feet; and WHEREAS, the Commission finds that additional relief has been granted by permitting some accessory uses to be constructed within the twenty (20) foot setback; Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\PC RESO.doc NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the Commission recommend to the Monroe County Board of County Commissioners that the current twenty-foot altered shoreline setback be maintained and the proposed amendment to the text of the Monroe County Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations as requested by the Monroe County Planning Department be DENIED. PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 12th day of March, 2003. Denise Werling, Vice Chair Jerry Coleman, Commissioner Jiulio Margalli, Commissioner Alicia Putney, Commissioner YES YES NO YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By Denise Werling, Vice Chair Signed this day of ,2003 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\PC RESO.doc DRC RESOLUTION MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #018-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING COMPREHENSIVE PLAN POLICY 212.2.3 CONCERNING SHORELINE SETBACKS AND BY AMENDING LAND DEVELOPMENT REGULATION SECTION 9.5-349 (SHORELINE SETBACKS) TO PERMIT A REDUCTION OF THE REQUIRED SHORELINE SETBACKS FOR SMALL LOTS. WHEREAS, Policy 212.2,3 of the Monroe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line;" and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan, were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet; and WHEREAS, there is no possibility of relaxing these setback requirements by permitting a waiver or variance of the current regulations; and WHEREAS, the planning department proposes that on lots developed with a lawfully established principal use, the setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff; and WHEREAS, the Department of Community Affairs (DCA) has indicated that they are amenable to such a modification; and WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\DRC RESO D18-02.doc WHEREAS, the proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan WHEREAS, on November 26, 2002 the Monroe County Development Review Committee held a duly advertised public meeting on this proposed amendment NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendment to the text of the Monroe County Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: Proposed amendment to the Monroe County Year 2010 Comprehensive Plan: Policy 212.2.3 Permitted uses and performance standards within the shoreline setback shall be as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line; 2. Alonq lawfully altered shorelines includinq manmade canals, channels. and basins that are developed with a lawfully established principal use, the required setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts. ~3. ~4. Proposed amendment to the Monroe County Land Development Regulations: Section 9.5-349(b)(2) 2, Alonq lawfullv altered shorelines includinq manmade canals. channels. and basins. which are developed with a lawfully established principal use. the required setback may be reduced to a minimum of ten (10) feet provided that: Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\DRC RESO D18-02.doc a. The total combined area of all structures. principal and accessory, does not OCCUpy more than sixty (60) percent of the upland area of the required twenty (20) foot shoreline setback: b. The proposed development protects the character and over water views of the community: c. Shoreline veaetation is protected: and d. Open space ratios are maintained, ~3. ~4. I. Deleted text is strikethrough New text is underlined PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 26th day of November, 2002. Fred Gross, Director, Lower Keys Planning Team (Chair) Ralph Gouldy, Environmental Resources Senior Administrator Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, OCR Chair Signed this ~ day of January, 2003 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Shoreline Setbacks\DRC RESO D18-02,doc Growth Manal!ement Division 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Board of County Commissioners Mayor Dixie M, Spehar, Dist. 1 Mayor Pro Tern Murray Nelson, Dist, 5 Comm, Charles "Sonny" McCoy, Dist. 3 Comm, George Neugent, Dist. 2 Comm, David Rice, Dist. 4 MEMORANDUM TO: Momoe County Board of County Commissioners FROM: K. Marlene Conaway 1.:r.J DATE: May 19,2003 SUBJECT: Shoreline Setbacks Please accept the following change to the draft ordinance amending Section 9,5-349(b)(2) of the Momoe County Land Development Regulations. The original draft inadvertently omitted the requirement regarding the management of storm water on the development site, Section 9.5-349(b)(2) should read as follows: Section 1. Section 9,5-349(b)(2) ofthe Momoe County Land Development Regulations is hereby amended as follows: Section 9,5-349(b)(2) 2, Along lawfully altered shorelines including manmade canals. channels. and basins. which are developed with a lawfully established principal use. the required setback may be reduced to a minimum of ten (10) feet provided that: a. The total combined area of all structures. principal and accessory. does not OCCUPy more than sixty (60) percent of the upland area of the required twenty (20) foot shoreline setback: b, The proposed development protects the character and over water views of the community: c, Shoreline vegetation is protected: and d, Open space ratios are maintained, bl, J..:-~ f'~J