Item Q3 Q.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tem Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: Q.3
Agenda Item Summary #5988
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 PM
AGENDA ITEM WORDING: A public hearing to consider a resolution by the Monroe County
Board of County Commissioners transmitting to the state land planning agency an ordinance by the
Monroe County Board of County Commisioners amending Monroe County Year 2030
Comprehensive Plan, Policy 101.5.31 maximum height within Ocean Reef, a gated master planned
community, to include additional language to allow structures within Ocean Reef to exceed the
maximum height limit, upon evidence submitted to and a height variance approved by the Ocean
Reef Community Association, Inc. ("Master Association"), as proposed by Smith/Hawks, PI on
behalf of Ocean Reef Club, Inc.; 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 Year 2030 Comprehensive Plan; providing for an effective
date.
ITEM BACKGROUND:
On February 19, 2019, an application was received by the Planning and Environmental Resources
Department from Ocean Reef Club, Inc. and Ocean Reef Community Association, Inc., (ORCA)
represented by agent Smith Hawks, PL (the Applicant). The application was for a text amendment
to Monroe County Year 2030 Comprehensive Plan, Policy 101.5.31 (maximum height allowance).
The text amendment originally submitted proposed to allow all structures within Ocean Reef to
exceed the maximum height requirement up to a maximum of 80 feet, upon evidence of a variance
procedure being approved by ORCA based off ORCA's internal variance process.
Item was presented at the Development Review Committee (DRC) meeting on June 25, 2019 and
provided for public comment.
Item was presented at the July 31, 2019 Planning Commission (PC) meeting. The PC recommended
approval to the proposed amendment with changes as follows:
Within Ocean Reef, lawfully established existing multifamily, transient and
nonresidential buildings which exceed the 35 foot height limit may be repaired,
Packet Pg. 2613
Q.3
improved, redeveloped and/or elevated to not exceed a total maximum building height of
60 feet. The existing buildings are limited to the existing lawfully established number of
habitable floors.
In summary, the PC recommended the maximum height within Ocean Reef be capped at 60 feet and
only apply to lawfully established existing buildings with multifamily residential uses (attached
condominiums, apartments, etc.), transient units (hotels), and nonresidential floor area (commercial)
structures that had been lawfully established at a height greater than 35 feet. The PC did not
recommend an increase in height for single family residences. Additionally, if structures were rebuilt
or repaired, the PC recommended not exceeding the previous number of lawfully established
habitable floors.
On August 13, 2019, the Applicant provided additional data and proposed revised language in
response to the Planning Commission's recommended language. In summary, the Applicant
complied with the PC's recommendation to a maximum height of 60 feet only for multifamily,
transient and nonresidential buildings. The height exception would not apply to single family
residences. The Applicant's amended language includes the allowance for both new development
and redevelopment for the three uses/building types and limits the total number of habitable floors to
four(4).
Staff is recommending approval to the proposed amendment with changes as detailed on page 13 of
the Staff Report. In summary, the height exceedance allowance would be limited to 60 feet, four (4)
floor maximum for new or existing buildings with multifamily residential uses, transient units and
non-residential floor area within Ocean Reef.
Applicant's original proposed text changes is in black, revised applicant text changes are in bft.i�: and
recommended staff edits are in re(I.
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible
to the surrounding community, and has a distinct community character, buildings may
,wa'�afape-ts) t4 exceed the 35-foot height limit in Policy 101.5.30, bt4 stteh f auras
Shall fiet &Eeeed 5 feet abeN,e t4e btlildifig's feef lifie. This &Eeeptiefi Shall fiet festilt i1i —a
&ieeed 40 feet. upon evidence submitted by the master association that a variance to
height has been aproved by the master association based on criteria established for a
variance by the master association .. g G�G9....pect._but ��n... uuiicpign g�TM nunua ���yd..
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u'ioon uann n u n pgn_nununy n g�M . g r�g �nr r g,� g r�g_ y g g � ��n a_totaj_uruaxruguuIrri.
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As ky nunn;aans a pp�un�une(I: ur�nnu muunky �nI' 100
uusuau in t:ais pn�n pu;y, un..gununstn,g:. pn uu�uurn�,n u;�nnannunuu�ua..
or nunore acres in sung a su. ... tnpni (I uiun�� n au ndn � � by bin. .
�uunnby yylicn•a pnuubHc access is res n°icte(I anncp the u;onu muunnky is u pnn�pn �up;nn;n•atc(j anncp nnian nntan nnn;up .y
s .p y pj pun, n,u;�;nnunnunu�u,n�i�y a.guu,iuuupu. gTM a, �:pyi�i�:nr.... �np pg�nnuupnna,pun,�u�i....n,, nn,°p��u��, .... u�uii�u..� �uurn ...
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Packet Pg. 2614
Q.3
by its inembers
In unincorporated Monroe County, height and grade are defined as follows:
Height means the vertical distance between grade and the highest part of any structure, including
mechanical equipment, but excluding the following: spires and/or steeples on structures used for
institutional and/or public uses only; chimneys; radio and/or television antenna;flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in the Land Development Code. However, in no
event shall any of the exclusions enumerated in this definition be construed to permit any habitable
or usable space to exceed the maximum height limitation. In the case of airport districts, the height
limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply.
Grade means the highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
structure, whichever is higher.
Based on the adopted definitions the following is a basic description of height:
Height the vertical distance between grade and the highest part of any structure.
Under the proposed amendment, it would mean the highest part of a structure with multifamily
residential uses, transient units and nonresidential floor area within Ocean Reef could be 60 ft
(inclusive of parking and habitable floors and architectural decorative features).
The following table provides the development and comparison of the text amendment proposal.
Packet Pg. 2615
Applicant's Original Proposal Staff edits I PC Recommendation Applicant Staff Recommendation (red)to Applicant's revised
recommendation Revision proposal(Iblkw)
Policy 101.5.31 For Ocean Reell, a gated Approval with Approval with changes Subminted August Policy 101.5.31 For Ocean Reef, a gated master
master planned community which is changes-maintain as follows 13,2919 planned community which is inaccessible to the
inaccessible to the surrounding community, the definition of surrounding community, and has a distinct community
and has a distinct community character, Master Planned WWo Ocean Reef' VNhi�� ()i,oan character, buildings may ieelade ReR haWplhle
buildings May RGII IdR RPIR IhRWR Communiliy within fawfuti esifabfished Roo/, RPPht *.,r dpeRPRUve katures (sueh as 4inals,
architecture! decorafive leakures (such -as the policy exisifrrig muftjfami�y., i,,qus�nrd uwl railings, widaw's walk, parapets) the exceed the 35-
finials, railings, widow's waili parapelts) tot fransienf and locI height limit in Policy 1015 30, bulk such leature
exceed 'lhe 35-foolt height limit in Policy non)-esdenfial baIdIngs NfiWO(Pr RhRI1 R4 P*Pppid A feet above the be lid P0 P994 1 n&
1131.5.310, but sueh fealiures shall nal!exceed which exceed fhe 35-foot w This exiseplien -ARII RPI result R R bulding together
inn RhGVP �IhP 91JARgIS F9641119& heIght fmiif may be udewkrud ma,V voth @Ry aFeWpi4ill-I �fel,-R-e 4PRWIF9 YAh a hegh
exGeplian shall not R R hu.1dHt reparred,improM, no�ox'(,",od a�ol�4 �I;Rt 'A'a"Id pw^.i 4 4eet ueor evidence submitted
together with any architecture! deccratwe redeveloped and,66r rfoxiwnm b(iii(hHg by the master aBsociabon that a variance to height
loaWre wilth a height that would exceed 4 0 oWated to riot exceed a nrfc rtt M 60 h;, r has been approved by the master association hased
fe4. upon evidence submilited by the master total maximum ba0ding Ro&"Yngs or criteria esliablished far a variance by the master
association that a variance to height has height oF60 feet The P if lo/our association, bid 110 bulding i jy oxcood 0 to
been approved by 'lhe master association existing bu0dings are hnbUabk, Uogs �, ats enll� qiAf�qmly
based on crilieria established for a variance fimitej to the existing "w"IdontIA 010��,--11'ansirmt_ir �-,ind_nomr.�,don I
by the master association, but no building fawfuti esifabfished I cciir��i o�� I I m)� w oi- -- - - -----
may exceed 8D fea number of habitable ru-ktje nol-oxcwNx]_lo�I jot d
f T,oors. P Ioat, Rijllr]in, ox(mo Ali ng Iho 'wight li nl_n Policy
As ueed n ih8 peley, a rfla8lier plann-ed I(, b 30 wra lirrilterl to lour(If hahlWblo Ilooi-,,
earflinflunl4y means a planned semmun"
IPA er PAR PP Rprps n apea subjeet te�-e III dhi," pollwy, 'f 11;.etc r phrriwl ocinlill 'Ov
master plan or other develepment ardef rat jim^ i p ri (id xi mwrii�v 0 100 w iiiiiarid. j(x �III
appFeved hy the seunliy where publie a8eas �irmf uhlouf lo I I phin Or (Mhoir dovuepilioilt
is resitrieted and the oemmunny is operated ur&n by Ilno couilly whoro p iblic
and mamained by the community nclucHrg -wlnchorl �ind Ilno corr,rr,uinity i�r op(;r�i(od and
the prey s an of eemprehene ve, pirva-lie njiintalrwd °�y Ilv nCiimmimtv 111cluding ll:w pirrmiiiw
ut!it es and iranspertatien 4aelMes and of .,rm(o ufilih 'r wid rmjpod;dicin
R&RORRIE; YAO.h.IR k IRR-RdRIPIRS I-
Red - kj(,illt(o, jrid o/iMin IN bomdhr�.,. �irid
1-31F iwroown(m� cii, wmilhir oinfiIy wid"l
which regulates dove-loff .(?gilhhu�; do,volopmoid I idaak md wniikjiri
mentors devel@pm dk:vnlknmri3nl by III,I
Member&
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Staff recommend approval with Staffs recommended edited
language.
DOCUMENTATION:
2019-023 BOCC—Staff Report CP Ocean Reef increased height
2019-023 Transmittal Resolution to DEO for CP Ocean Reef amendment
2019-023 Ex.A to transmittal Resolution Draft Ordinance
Exhibit provided by Applicant of existing Ocean Reef structures currently exceeding 35 feet
Potential locations within Ocean Reef that could utilize the height limit of 60ft
2019-023 FILE
FINANCIAL IMPACT:
Effective Date:
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Q.3
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:
REVIEWED BY:
Cheryl Cioffari Skipped 08/27/2019 11:43 AM
Mayte Santamaria Completed 08/28/2019 5:32 PM
Assistant County Administrator Christine Hurley Completed
08/29/2019 12:33 PM
Steve Williams Completed 08/29/2019 2:23 PM
Budget and Finance Completed 08/29/2019 4:48 PM
Maria Slavik Completed 09/03/2019 9:34 AM
Kathy Peters Completed 09/03/2019 9:43 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
Packet Pg. 2617
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MEMORANDUM as
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
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To: Monroe County Planning Commission ZE
Through: Cheryl Cioffari, AICP, Acting Senior Director of Planning and Environmental
Resources �I
From: R. Jay Berenzweig, AICP, CFM, Principal Planner
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Date: August 26, 2019
Subject: A public hearing to consider a resolution by the Monroe County Board of County
Commissioners transmitting to the state land planning agency an ordinance amending
Monroe County Year 2030 Comprehensive Plan, Policy 101.5.31 Maximum height
within Ocean Reef, a gated master planned community, to include additional language
to allow structures within Ocean Reef to exceed the maximum height limit, upon .2
evidence submitted to and a height variance approved by the Ocean Reef Community
Association, Inc. ("Master Association"). (File 42019-023)
Meeting: September 18, 2019
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I. REQUEST
4-
On February 19, 2019, the Planning and Environmental Resources Department received an a)
application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef
Community Association, Inc., (the "Applicant") to amend the Monroe County Year 2030
Comprehensive Plan, Policy 101.5.31 to amend the Policy to allow structures within Ocean Reef 0
to exceed the maximum height limit up to a maximum of eighty (80) feet, upon evidence U
submitted by the Ocean Reef Community Association, Inc. ("Master Association") that a 0I
variance to height has been approved by the Master Association based on criteria established for
a variance by the Master Association.
The Applicant subsequently amended the requested Comprehensive Plan Policy on August 13, co
2019 after the Planning Commission's recommendation of approval with changes (discussed in to
detail under background information — Section 11). The Applicant's amendment limited the M
height exceedance allowance pursuant to Compressive Plan Policy 101.5.31 to apply to only MI
multifamily, transient and nonresidential uses/buildings, newly developed or redeveloped, not to
exceed a total maximum building height of 60 feet and limiting the buildings to four(4)habitable T-
floors. 04
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BOCC 09.18.2019 Page 1 of 18
File 2019-023
Packet Pg. 2618
Q.3.a
The Applicant is requesting a text amendment to the Comprehensive Plan as detailed above and
provided the following reasoning in the application materials: "Currently, the internal Ocean
Reef Community Association Building Regulations and Restrictions (`Rules and Restrictions')
are more stringent than those of the County and this internal variance procedure would permit 4-
Ocean Reef to maintain its distinct community character, regulate development standards, and W
monitor development requests by its members without the need of duly burdensome County
approval. Further, this Amendment does not affect the aesthetic or design of any other areas
within the County...The Amendment will not change the function of the Comprehensive Plan in i
any way but will allow Ocean Reef to more easily and economically meet Florida Building Code V
requirements for structures within the isolated community, while decreasing the burdensome E
process of requiring approval from both the County and Ocean Reef...The Amendment applies to
the entirety of the isolated gated community known as Ocean Reef located in Key Largo."
The Applicant cites the following documents / data in the application material:
1. Ocean Reef Community Association (ORCA) Rules and Regulations;
2. Rules and Regulations of the Architectural Review Board (ARC)within Ocean Reef, and 0
3. "Height Regulation in Residential Districts" by Frederick H. Bair, Jr.
4. Amended revision to Planning Commission's recommendation for height amendment
dated August 13, 2019
The Applicant's full explanation and justification of the proposed amendment is included in the
file for the application (File No. 2019-023). 2
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II. BACKGROUND INFORMATION
In 1977, the Monroe County Zoning Board approved the "overall conception of the Master Plan
of Ocean Reef' as a major development project in accordance with Ordinance No. 21-75. This
approval was memorialized by an unnumbered resolution dated August 25, 1977. U)
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In 1997, the Master Plan for Ocean Reef was vested under Monroe County Board of County
Commissioners ("BOCC") Resolution No. 70-1997. The Master Plan for Ocean Reef was 0
formerly vested under BOCC Resolution Nos. 478-1988 and 539-1988.
On September 27, 2017 the BOCC passed adopted Ordinance No. 016-2017 that amended
Comprehensive Plan Policy 101.5.31 that allowed Ocean Reef, a gated master planned a.
community which is inaccessible to the surrounding community, and has a distinct community
character, to allow non-habitable architectural decorative features (such as finials, railings, 0
widow's walk, parapets) to exceed the 35 foot height limit in Policy 101.5.30 but such features
shall not exceed 5 feet above the building's roof-line. This exception would not result in a
building together with any architectural decorative feature with a height that would exceed 40 (n
feet. t s
As used in Policy 101.5.31, a master planned community means a planned community of 100 on
more acres in area subject to a master plan or other development order approved by the County
where public access is restricted and the community is operated and maintained by the
community including the provision of comprehensive, private utilities and transportation
facilities and services within its boundaries and a homeowners association or similar entity
which regulates development standards and monitors development requests by its members. E
BOCC 09.18.2019 Page 2 of 18
File 2019-023
Packet Pg. 2619
Q.3.a
Concept Meeting and Community Meeting
In accordance with LDC Section 102-158(d)(3), private applicants submitting an application for 4-
an amendment to the text of the Land Development Code or Comprehensive Plan shall W
participate in a concept meeting with the Planning and Environmental Resources Department to
discuss the proposed amendment. The concept meeting shall be scheduled by department staff
once the application is determined to be complete. As part of this concept meeting, planning staff 1
will identify whether or not the proposed text amendment will have a county-wide impact. A
Concept Meeting for the Comprehensive Plan text amendments was held April 1, 2019. It was E
determined that the proposed amendment would not have a County-wide impact and a
Community Meeting would not be required in accordance with LDC Section 102-159(b).
Development Review Committee and Public Input
At a regular meeting held on June 25, 2019, the Development Review Committee (DRC) 0
considered the proposed Comprehensive Plan text amendment and corresponding Land 00i
Development text amendment, and provided for public comment.
Monroe County Planning Commission
At a regular meeting held on July 31, 2019, the Planning Commission recommended approval to
the proposed amendment with changes as follows:
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Within Ocean Reef, lawfully established existing multifamily, transient and
nonresidential buildings which exceed the 35 foot height limit may be repaired,
improved, redeveloped and/or elevated to not exceed a total maximum building height of
60 feet. The existing buildings are limited to the existing lawfully established number of
habitable floors.
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The Monroe County Planning Commission subsequently adopted Resolution No. P27-19 2
recommending approval of the proposed amendment with the changes described above.
4-
Applicant's Submittal of Additional Data,Analysis and Amended Language
On August 13, 2019, the Applicant submitted additional data, analysis and amended language to
the Planning Commission's recommended changes to Comprehensive Plan Policy 101.5.31 as 0
follows: a
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lIathaaa Oa°apaaa J?dp p� a�aralta��aa�aaly, 11-411asiefat sand aa�aaaapapsaalapaata�al /araalalaaags alevel�aped or 0.
redeveloped ingy not ap.a(.,,eed a tonal in aviinraana /arAalaling hapa,ghl of 60 jeelp l uilalangs are �
lianited to fiaraap hcalaita/slapflooapso
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The applicant provided the following data and analysis for the reasoning of the revisions to the
text amendment language: 0
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During the Planning Conunission, meeting, it vas clear tbat the p im my concem pier shied U) cv
altowing single f 1°m ily hoones, w exceed the; curresm height limitations which may have been
permissible under Occan Reei'"s oru ���ira l proposed language. '[he Planning Commission's C14
co t�miui beef s building r�pikati'an and therefore� �
reca���a�r���wd�t��r� ��1� ��al arid is ��mlent with
thisrre� latlrw is 'men €�� ter' E
BOCC 09.18.2019 Page 3 of 18
File 2019-023
Packet Pg. 2620
As tomulb-fiamily, bansient. andnomesidential buildulp, Ocean Rea has litstoncally allowed
building's lip, to, 60, feet With its water tom ei's flagpole height measuring 90 feet which was the
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basts f6f the olfigmal requested max.mium heiglit of SO feet Based ondiscussion with the Planning
Coninussion and staff, Ocean Reef agrees that a reasonable height restriction based oln Ocean 4-
Reef's historical aesthetics and architectunq I design is 60 feet for niulti-family, transient andnon-
residential building CU
1 1 s However the Planning Commission limited the development to M
red,evelopni,ent of existin 0
1. _g buildings that alf-eadyexceed 3.5 feet and to the exact numb,er of floors 0
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that existed prior to redevelopment.
Ocean Reef behei.,es that dus does not assist in implenienting Ocean Reef's long-temi vision for E
development of its inulti-family, transient and mica-me sidential builduip Ocean Reef is Currently M
ui time, design phase for. redevelopment of` Ocean Reef s clubhouse. the GcR:an Room, which
cun-ently is one floor, located withm" an AE 11 food zone. Ocean Reef desifes to redevelop the
Ocean Room into a two-story clubhouse. which will exceed 35 feet once elevated gig iudicantly
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above flood. The current aniendnient would not allow this to occuf�
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Fit2ther', Oce:Lgn Reef Intends to redevelop of its boat bain to accommodate modem center console Mi
ve;F els which are on C14
1 ger and have ftma towiers- which will !i�me the bo,a t barn's height to be CD
sub�stanfially 1111creased to at of, near 60, feet. Ocean Reef has also discussed potentially,
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redeveloping all its hotels into a smigle bUildifig that would requite this saine 60-foot height El�
envelope F7
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These are exeni lary of Ocean Reefscurrent plans and future plans that require the, flexibility an U)d
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autonomy to develop at redevelop within a, 60 foot height envelope. Based on the pior datLg of 5:
existing buildui_ and this additiOnal. inforuilition. Ocean Reef respectfully requests the
aniendni,ent to read:
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"Withu Ocean Reef,fluiltifamily, tr ansient and nom'esidentia.]buildings developed ort-edeveloped 'a
�may not exceed a total inammuni budding height of 60 feet Buddings:are Lun ited to four habitable U)
floors
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The exis I in g d hxm)RoA All)hudding Was bud I in the N50's mid is cand I cvered ovcr the cana I,
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The emnmce of tine hudding l"',at'I fij'6dwd floor elovamn of 6,55'. ThL,hwkfing us singtc ;j
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BOCC 09.18.2019 Page 4 of 18 <
File 2019-023
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BOCC 09.18.2019 Page 5 of 18
File 2019-023
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111. APPLICANT'S PROPOSED MONROE COUNTY COMPREHENSIVE PLAN TEXT
AMENDMENT
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The Applicant's original proposed text, as submitted, is shown as additions in underline and
deletions are stfiekeii �hfeffo.
GOAL 101 0
a.
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
0
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance
the character of the community and protect natural resources by providing for the compatible
distribution of land uses consistent with the designations shown on the Future Land Use Map. 0
CIO
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may ifielttde flen.
habitable at:ehiteettit:a! deeet:EttiN,e feattir-es (Stleh as fifiials, t:ailifigs, widew's walk, pat:ffpets) E
BOCC 09.18.2019 Page 6 of 18 <
File 2019-023
Packet Pg. 2623
Q.3.a
exceed the 35-foot height limit in Policy 101.5.30, bt4 stteh f twts shall ret exeeed 5 feet above
fffflvl
Won evidence submitted
by the master association that a variance to height has been aproved by the master association 4-
based on criteria established for a variance by the master association, but no building may exceed W
80 feet.
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The Applicant's revised proposed text amendment:
On August 13, 2019, the Applicant submitted additional data, analysis and amended language to E
the Planning Commission's recommended changes as follows: �„
Within 0(,,evan ,�?ec,�, ��rAlptppp�lpyp, ytpapp411agywpi�ppfppa/tp�p�ry�a��pp�pa���aapppp�pw����p�at/�p��l /�rAil��i�ay,ppwpp developed p��ap redeveloped �s
�IMA.CiA�% not d.r('�'d.'(�% d',iA lotd'iAR- AMA.CiA.MAAMA.&un, F/&-PAR0.�%AARae„n. ARd.'ighl q �W0 fi„!elo d.V�&'PAR-0.�%AARae„nns d',iAre fflinAtd.'(�% to ��nn- °>
The applicant did not specify the location for the insertion of the revised text. The assumption is a�
the applicant intended the following (see blue text):
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to
the surrounding community, and has a distinct community character, buildings may ifielttde
as
exceed the 35-foot height limit in Policy 101.5.30, bt4 stte h featttfes shall ret �
• ' as
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upon evidence submitted by the master association that a variance to height has been aproved psi
by the master association based on criteria established for a variance by the master association. 0
Wilhiti .� � h uuu rohruu ror � uro d urn �� ro iru � u �:� p��) or 0
r �t � t�r� _u a ,y_ uttro__ ,xt t --ro tro, u u utuu utI bt,61d r �t(,i IhI _o 60 h��� �.tu�����r l�raL .
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BOCC 09.18.2019 Page 7 of 18
File 2019-023
Packet Pg. 2624
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Q.3.a
It is important to note that in unincorporated Monroe County, height and grade are defined as follows:
Height means the vertical distance between grade and the highest part of any structure,
including mechanical equipment, but excluding the following: spires and/or steeples on
structures used for institutional and/or public uses only; chimneys; radio and/or television
antenna; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain
antenna supporting structures with attached antenna and/or collocations as permitted in the
Land Development Code. However, in no event shall any of the exclusions enumerated in this 1
definition be construed to permit any habitable or usable space to exceed the maximum height
limitation. In the case of airport districts, the height limitations therein shall be absolute and E
the exclusions enumerated in this definition shall not apply.
i
Grade means the highest natural elevation of the ground surface,prior to construction, next to (n
the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to
the structure, whichever is higher. 0
i
Based on the adopted definitions the following is a basic description of height:
height the vertical distance between grade and the highest part of any structure.
Under the proposed amendment, it would mean the highest part of a structure with multifamily
residential uses, transient units and nonresidential floor area within Ocean Reef could be 60 ft .2
(inclusive of parking and habitable floors and architectural decorative features). >
The Applicant provided an exhibit with a current listing of all building in Ocean Reef which exceed 35
feet in height:
EXHIBIT IT B �
A�
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Q.3.a
The applicant provided the following rationale in order to allow for additional height within Ocean
Reef:
"A part of the amendment to allow for additional height is contributed by sea level rise and
addressing flood map revisions, a part of the need for the height amendment is for
preservation/improvement/redevelopment of existing buildings to their current form and
aesthetic and another part of the basis for the amendment is to accommodate modern
construction and design of buildings both internally and externally. 0i
For sea level rise, many new buildings and redevelopment of existing buildings will need to be
built up several feet higher than what currently exists. This requires additional height to
accommodate the increased height above BFE these buildings.
For existing buildings that are desired to be preserved or improved which would constitute a
substantial improvement, or buildings that are substantially damaged or destroyed, to build back
what exists requires additional height above 35' as many buildings that exist exceed the 35' ooi
height limitation even with the 40' decorative exemption. Thus, height variances are needed in
this regard.
Finally, beyond increases in height due to the first two enumerated items, modern design of
buildings have ceiling heights that are above 9', especially in non-residential structures, which c"
may be 10 — 12' in height for certain types of uses, including meeting space, restaurants, and
offices. When current architectural designs are incorporated into non-residential or residential
development this also increases height several feet. Additionally, such structures as parking
garages and boat barns invariably exceed 35' in height and such uses are desired in Ocean
Reef.
Each one of these items separately but also cumulatively lead to the need for additional height U)
as these items can increase height several feet which is the basis for the amendment. Ocean 2
Reef recognizes that each project is unique and desires the autonomy to govern approval of
variances in exceedance of 35' in order to protect the aesthetic and design within Ocean Reef
but to also allow development as identified above."
IL
�s
Excerpts from the Ocean Reef Community Association BUILDING REGULATIONS &
RESTRICTIONS related to the proposed amendment: 0
BUILDING IRESTRICTIONS
�s
The purpose of the Bl.iking RegWatonq,and R estrnrutiions of Ocean Iff'eef Commurifty ssociatic)n (C1RCA)is to promote
a CuuMpatibIle divers ty of at& and appearance of liorruea in the eomni unity, and to rnaintain through constant
Uper0siora„ tlfroe established toirue and character of the developtnent. The ArdlkiteCtUra eviewCommittee (ARC) of �I
ORCA is responsible for irsiorrning aH paropeirty o nueirs and other interested parties, c'.tf the IBu,uifldi u�g egi,llatporra and C14
Rrrathction s and enforcing thera°n. 11109e IRC-gUllatiorm and Reatrcetnoras are not intended to stihe the 4na iriatiorr on, �
creative desires at property owoerr,, but rather boil as,su ire then, that protective restrictions are in, effect, which yr Rll �
mdaintainr tfie apuupeartunce„character and vaRu.re of Ocean Reef paropuerties. cv
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U.GENERAL
A, Alp p1lans must be approved by the, ARG, and both an ORCA BILAO,ding, Pernill, and Monroe Coi,.inty Permit issued .0
p6or, to the start of w',q con sifucfion, iandscaprig, dernoftion, land clearing or [and ievefling, pflie driving or,
storage of, tnaterilal and equipment, T r his hicludes perafits for any corrstructiorl, constmr,'Wll traders W all)( 4-
other activity requilihing Courity perrnivs, A Monroe County building perinit is requiled prior to issuaii'loe of arl
O,RCA perrnrt, OR(,',A coniractor regmtration ls requi p red 6or to an O,RCA permin m,tsslja .,e, in accordance veith W
the business requlrernenm for Ocean Reef,
B. The ARC us authorized to approve and/on dony pertnits and varwnce requests. Any irl&Oiduall whMe pilans or 0
variance reqUests have bleeirl denied may appeal! to the Board of Director& The Board cain grairit, varjuinces
and/or listen to appealls
E
H, Any revis oi"5 to INarls already subr-nitted,affecAing Ole exterior of a,strtictllre nurt be resulurriftm,'11 for apipmval U)
of the ARC,, Revislons that are made to the dLmxzigrn drawingp as relates to ORCA Regulations and I stricfions
aft,er,ORCA issues Reviiew Report comments rylust be rmted with a "cloud" around ffie revision arld a revision
nuniber in a triangle next to the 'cloud", as weH as a date and a brief description of the revision noted an tile W
Revision Block(in thel'A]e block), lhis inckides changes in c,,olors,as well an exteho facade%.To expeidlte dt'ie
review of proposed reOsilons, it is suggested that a Hst of revisions be stibmitted with the seaied revised
drawings, Changes Irnnade witholut such approval will void the existing pern-rit. 0
K All construction at Ocean Reef is subject to existing zonilng eind building ordirwnces of M�onroe County and I
ORCA building regulations and restrichoins, (O'le rriost restrictivie prevails), and alU other ORCA Rules and
C14
guidehries Ilis ted under the table of contemm. Issuance of a Monroe County perrn t does,not waivp the neod for
all ORCA BuOdlng Perrrllt, nor does the assuarlr;e of an ORCA BWIdlng Pennit wwve t1he need for the required
Courity or arly other regulatory perrniu;, Tt* ARC wH11 not krmwingly approve a project, vuhich is k,i virr1ation of: C14
Ole County bUltding and zoning codes, Drally other regi.fla Y a ell'Y tor. g r
cv
Cy Bufldirrig pernift applicatiorts denled i.,Yy the ARC may be rrjLaconsidc,red on pireseritabon of new or aiddiborlW 0
jrlforu,nafion, ff ft is the sense of the ARC, the plans rnay hoe processad Under the guudefirws fur Variance U)
procedures. as
M, Request for variances ill Setbacks or other restrictions wifll llormafly be denied unliess a hairdshilp cal n The
proven to exist, 2M
N These regulations may be changed ffrotyj til1le 'to Wire. Therefore,, it ls the Tees pons60ity of the property owner
and contractor to obl,ain the most current publication, as
U)
W.BUILDING SPECIFICATIONS
THIS SECTION IDOES NIOT APPLY TO CONDOMINIUMS
B. Maximum Heught
L No strUCtUre or biMdlng shali be deveiaped U'iat exceeds the iylaxia'Wln height stat(,;d in Section V1,
Buildable Volurr'ue - Builldable Area, Page 14, or the Monrc,')e County rriaxirrijunl bufldhng, height ca
requirenients may he used, whlchever is more restrictive. 0
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2. A chrnney or epevatoir shaft override may exceed Ltle tna0llLl1rY1 height uf.)to four(4) feet. A chihnney slhaH �I
not exceed a cross,see WnM area of fifty(50),square feehf. 0
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V1.BUILIDABLE VOLUME- BUILDABLE AREA
Definition of BuHdable'VOILJime:
The BuHdable VOIlUrne us defined by ima&iary vertical, l-ioinzointai and angled panes that establish the In"Ots(Yf
ariy physcah element of the resOence.Xi physical elements of the residence are to be wiftin the bufldable 4-
0
vollurne.See exceptons ',)elow, 4)
W
A. THE IBLAWABLE VOILUMIE"AND"BUR CA LE AREA ARE IC"ETIFIRI'AINEID BY THE FOLLOWING: C
L Determine the neclt,nlred setbacks(frog-A, rear and sides)for the IoL. 0
2, Draw a hrie that conrle ts eact"i selbac;k (front, roar and sides), ThIs determines the gj:qLi� klm buildable
wea and ffie lbase of the buildable vollurne. E
U)
C
3. The base buildable v6urne begins(s is on)the FEMA Basp Flood Ellevation (lit E„ first floor habn'lable floor
heighL
4, Monme County establishes floe first habftable floor height at FEMA Base Hood Elevation, BIFIE,1-1 foot.
5, In the event an a1pplicant volurfarily rauses the first habftahk, floor re ght, Lip to a maxinwri of 3 feet
0
above FEMA (BFE) +1 foot, as a result the base of the building volume may begin at U,6s height and 00
e.stablish tffis as the new first flooir habKable floor her ght, As a reSlLih, t1he base buHding volurne rnay be
raised to a rnaxiirnwn height of FEMA BFE+4 feei, C14
S. The buildable vokwiie be&-is by going vertical from the choS&I first 11oor habitable floor heigh t.to a l"jelght
c)f twelve(12)feet.THs establislies, the vertical sides of fl-ile bufldable VOIUfrie.
T At the top of the twelve f12) toot verticall sides,,trine hij0dable VOILMe s1lopes Wirward at an&s, in figuire 2, C
page 40, to a point where a twenty five (25) fouL verticall height from the first habitable floor height is .2
.0
establisIned, >
8. The top height of the buildabie volume is twenty-five ff25)feet above firstfIc*r habital',fle height,whic',h
is FEMA BFE 4 1 to +4 feet.
EXCEPTIONS
I, The buildable volume stated above riiay be altered by t1hie 251:1/'r, rule stated ki thas docurr�erit (see page 11,
U)
Section A.3).
2. The builldable Wkffne stated allhove may be aftered per U'ie sucle setback exceptions set forth un tfr s
4-
dOCUrneril.
I Roof overhanps shafl not extend rnore than three(3')feet ok,ftside the bulldaUe voWrne. C
A. A chininey may exLeind verflicaIlly up to four, (4') feet above 'ffie top and sloping sides of the buHdable
0
volume,A cliininey shalll not exceed a cross sectional of fifty(50)square feet. IL
5. Exterior dormers and;outdoor porches,wlthOLit a Wof overhang,exteri&ng WtSide of the buHdable VOlUnlje
wW be consida"red on a oase by case basls. 0
6. Sunrise Cay maxiu-)Unii buddlng heught may be detertnlned by L,isilig the Monroe County
tt:
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M.\AIRIANCES AND APPEALS PROCEDURES
VARMCE REQUEST $250
If buflding, dock or laindscape plans am. Irnot approved lby the ARC, the folilowilirg is thie proper
4—
prc)ced!u re.
A, The owner or his agent rriustsubmft lin writing a n quest for a variance.
B. The request must state the facts why a variance should be aplDrOved, l,e., specirfic hardship, not just 0
that o L l,,i d esi ralWe.
,C It irnust refer to the ORCA BuOding Regi,flations and Restrictions sectlon(s) lJ'lat are fil'i Vjolatiun on E
U)
ptiaras that were reviewedi.
D, The ARC will notify all ad.picent property owine,,rs witt'lin a 300-71'oot circt,unfererce by certified n'lwl of
the request for a variance, and the nature of the variance.
E. When a violation, exisLs, aind no pen nit was obtained and a variance is requosted, the varlance fee for
0
review by the ARC will he $1,000 in additiorl to the dolriWed pennit fee. This does ar)t gWlranitee
approvall of the varlair)ce. Should the reqLK-,st be denied, all vilolations MH be rectified wjLl,itln 30(lays, real
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BFIfi+4'Feeq Max
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from FEMA C14
Base Hocd Elevabon
3'AY
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251/c.Rule
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12 A ;F 7
1 12 a LL t
P7 d 0
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T.., N 20
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Buildable Volume \12
I?
cn Mrst Habitable
Floor Elevation
Ftonroe COUMY up lo a Mlaxilirmnurn of 4)
�fi.btaN.Row
_Froiif YR above ISFE-0. U)
Devotion(BFE Vfee�) M
Setback Setback
28 feet
4—
Frd.... I-A Roo,
` A tlm Flood Elevsfion Hobtable Floor
Front anid Rear Setbacks tRFF
Change eased on the 0
neighborhood IL
Buildable Volume War~Setback
30,feet,=12/121slope
0
20 feet=12/201,9[ope 91
Fr4unt Setback AE,I U and under 12/12/slope
AE 12'.writ)greater=8/12/slope
V. STAFF-RECOMMENDED CHANGES TO PROPOSED AMENDMENT
0
As noted above, the Applicant's revised proposed text (bft.ic) is shown in with additions underlined
and deletions are stfiekeii �hfettg4. N
Based on the analysis provided in the table on the previous pages, staff s recommended changes to CD
the proposed text amendment are as follows (staff recommendations are shown with deletions in
red with a sli4liellii oii i, and additions in um ejpn
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Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible
to the surrounding community, and has a distinct community character, buildings may
ifieltide fieli habitable afehiteettlfal deeefatiN'e feattifes (Stleh as fifiials' failifigs, widew'sas
�,alk, parapets) t4a exceed the 35-foot height limit in Policy 101.5.30, bt4 stteh feauras
Shall fiet &Eeeed 5 feet abeN,e t4e btlildifig's feef lifie. This &Eeeptiefi Shall fiet festilt i1i Et
bttildifig tegethef vAt4 any afehiteetur-al deeefative featttfe 'VAth a height thatv�,ettld exeeed
40 feet. Won evidence submitted by the master association that a variance to height has
been Uproved by the master association based on criteria established for a variance by the 0 1
master association,:, but no buakl g Inay en(ggd (Q feet _buaklkigs
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wbek n ,I ntl _ o _ .. - -_
ffcIil Iy U)
&V a total rnaxirrairn btj1d1i2, jIftt
Iloors,
cas
As use(l �n t1ds a mastei pkinne(l communky iiicans a pkinne(l commUnky �6I' 100 or 0
more acres pn area subj 6�! 162 a lffiistei Pkin or ottier (ley6)P11i�!ib t.y lh
count wlie V!u bk access k resnicte(I an(] tlie cominu at.y as erate(l an(] imdnudne(l by.
tne communky anc�wlang !!I6 provkaon tdkies an(] transportation
ve, 121MIte U
1`16�4 ies an(] serv4ces wkldn ks boun(laiies an(] a nomeowners asso6adon or sni4kir en
!1!y 04
wldcll reg!!� Ites (ley6:)pment stan(lar(ls an(] nionkgrs jvg!�!� by ats lilelilbers —
04
r_
VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE .2
T
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
GOAL 101 U)
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of 0
County residents and visitors, and protect valuable natural resources. 4-
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance
the character of the community and protect natural resources by providing for the compatible 0
distribution of land uses consistent with the designations shown on the Future Land Use Map. a.
0
Policy 101.5.30
In order to preserve the existing community character and natural environment, Monroe County
shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
distance between grade and the highest part of any structure, including mechanical equipment, I
but excluding spires and/or steeples on structures used for institutional and/or public uses only; U
0
chimneys; radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or co
transmission towers; and certain antenna supporting structures with attached antennas and/or M
N
Q
collocations. However, in no event shall any of the exclusions enumerated above be construed to
permit any habitable or usable space to exceed the applicable height limitations, except as
specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts, N
there shall be no exceptions to the 35-foot height limitation. (Ord. No. 016-2017 , § 1, 9-27-2017)
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Q.3.a
Policy 101.5.32
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and 4-
other hazards; protect property from flooding and minimize damages; minimize public and W
private losses due to flooding; minimize future expenditures of public funds for flood control
projects and for recovery from flood events; and mitigate rising flood insurance premiums. A
Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height 1
limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three
(3) feet above FEMA base flood elevation; and a flood protection height exception of a E
maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new
construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above
FEMA base flood elevation. These exceptions are in order to promote flood protection, minimize
flood damage, reduce flood insurance premiums and minimize future expenditures of public
funds for recovery from flood events. In no case shall a Flood Protection Height Exception result 0
in a new building exceeding a maximum height of 38 feet or a lawfully existing building 00i
exceeding a maximum height of 40 feet. ( Ord. No. 016-2017 , § 1, 9-27-2017) N
Policy 101.5.33
Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
Regulations which provide a Flood Protection Height Exception for lawfully established existing r-
buildings which exceed the 35-foot height limit, to promote public health, safety and general U)
welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property
from flooding and minimize damages; minimize public and private losses due to flooding,
minimize future expenditures of public funds for flood control projects and for recovery from
flood events; and mitigate rising flood insurance premiums. A lawfully established existing
building may be repaired, improved, redeveloped and/or elevated to meet required FEMA base
flood elevation (BFE)provided the building does not exceed a total maximum building height of U)
40 feet, and the building is limited to the existing lawfully established intensity, floor area, 2
building envelope (floor to floor height), density and type of use. For lawfully established
4-
existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before the
Planning Commission and the Board of County Commissioners shall be required to review and
specify the maximum approved height prior to issuance of any county permit or development
approval. The Planning Commission shall provide a recommendation to the BOCC on the 0
maximum height of a building. The BOCC shall adopt a resolution specifying the maximum
approved height. (Ord. No. 016-2017, § 1, 9-27-2017)
0
GOAL 1501
Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
Islamorada, Layton and Marathon; regional, State, and federal government agencies,
nongovernmental organizations and private organizations to exchange data and develop
coordinated strategies to address energy conservation and impacts from climate change.
i
Policy 1501.1.2
Monroe County will participate in cooperative efforts such as the Southeast Florida Regional
Climate Change Compact in order to maximize efforts to facilitate the exchange of ideas and data
and coordinate policies promoting energy conservation and climate change resilience.
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Q.3.a
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 4-
with the principles for guiding development and any amendments to the principles, the W
principles shall be construed as a whole and no specific provision shall be construed or applied
in isolation from the other provisions.
i
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern E
designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
beds,wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
and their habitat. 0
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys. .�
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 2
major public investments,including:
as
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
4-
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
0.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. i
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a N
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining N
the Florida Keys as a unique Florida resource.
as
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Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
4-
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute a�
(F.S.). Specifically, the amendment furthers:
as
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 1
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal U)
effectively with future problems that may result from the use and development of land
within their jurisdictions. Through the process of comprehensive planning, it is intended
that units of local government can preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, law enforcement and fire
prevention, and general welfare; facilitate the adequate and efficient provision of 0
transportation, water, sewerage, schools, parks, recreational facilities, housing, and other 00i
requirements and services; and conserve, develop, utilize, and protect natural resources N
within their jurisdictions.
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163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared .2
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical,
environmental, and fiscal development of the area that reflects community commitments to a
implement the plan and its elements. These principles and strategies shall guide future U)
decisions in a consistent manner and shall contain programs and activities to ensure 2
comprehensive plans are implemented. The sections of the comprehensive plan containing
the principles and strategies, generally provided as goals, objectives, and policies, shall
describe how the local government's programs, activities, and land development regulations
will be initiated, modified, or continued to implement the comprehensive plan in a
consistent manner. It is not the intent of this part to require the inclusion of implementing 0
regulations in the comprehensive plan but rather to require identification of those programs,
activities, and land development regulations that will be part of the strategy for
implementing the comprehensive plan and the principles that describe how the programs,
activities, and land development regulations will be carried out. The plan shall establish W
meaningful and predictable standards for the use and development of land and provide
meaningful guidelines for the content of more detailed land development and use
�s
regulations. �
0
CO
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development
regulatory authority. It is the intent of this act that adopted comprehensive plans or
elements thereof shall be implemented, in part, by the adoption and enforcement of
appropriate local regulations on the development of lands and waters within an area. It is
the intent of this act that the adoption and enforcement by a governing body of regulations
for the development of land or the adoption and enforcement by a governing body of a land E
c�
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Q.3.a
development code for an area shall be based on, be related to, and be a means of
implementation for an adopted comprehensive plan as required by this act.
VII. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, or the owner or other person having a
0
contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission. U)
The Planning Commission shall hold at least one public hearing. The Planning Commission i
shall review the application, the reports and recommendations of the Department of Planning & (i
Environmental Resources and the Development Review Committee and the testimony given at
the public hearing. The Planning Commission shall submit its recommendations and findings to 0
the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider i
the transmittal of the proposed comprehensive plan amendment, and considers the staff report,
staff recommendation, and the testimony given at the public hearing. The BOCC may or may
not recommend transmittal to the State Land Planning Agency. The amendment is transmitted
to State Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County
has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the T
amendment.
VIII. STAFF RECOMMENDATION
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Staff recommends approval with changes to the proposed amendment.
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Q.3.b
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5
6
7 MONROE COUNTY, FLORIDA i
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2019
12 AN RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISIONERS TRANSMITTING TO THE STATE
14 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
15 COUNTY BOARD OF COUNTY COMMISIONERS AMENDING
16 MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
17 POLICY 101.5.31 MAXIMUM HEIGHT WITHIN OCEAN REEF, A .0
18 GATED MASTER PLANNED COMMUNITY, TO INCLUDE
19 ADDITIONAL LANGUAGE TO ALLOW STRUCTURES WITHIN ,
20 OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT, a
21 UPON EVIDENCE SUBMITTED TO AND A HEIGHT VARIANCE
22 APPROVED BY THE OCEAN REEF COMMUNITY
as
23 ASSOCIATION, INC. ("MASTER ASSOCIATION"), AS M
24 PROPOSED BY SMITH/HAWKS, PL ON BEHALF OF OCEAN
25 REEF CLUB, INC.; PROVIDING FOR SEVERABILITY;
26 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
27 PROVIDING FOR TRANSMITTAL TO THE STATE LAND "
28 PLANNING AGENCY AND THE SECRETARY OF STATE;
29 PROVIDING FOR INCLUSION IN THE MONROE YEAR 2030 0
30 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 0
31 DATE. (File#2019-023) a
32 0
33
34 WHEREAS, the Monroe County Board of County Commissioners conducted a public
35 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review U)
36 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
37 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
38 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
39 Year 2030 Comprehensive Plan as described above; and
40
41 WHEREAS, the Monroe County Planning Commission and the Monroe County Board C14�
42 of County Commissioners support the requested text amendment;
43
44 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY "'
45 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
46
Resolution No. -19 Page 1 of 2 <
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Q.3.b
r-
1 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
2 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 0
3 for adoption of the proposed text amendment.
4
5 Section 2. The Board of County Commissioners does hereby transmit the proposed U)
6 amendment to the State Land Planning Agency for review and comment in
7 accordance with the State Coordinated Review process pursuant to Section
8 163.3184(4), Florida Statutes. Wi
9
10 Section 3. The Monroe County staff is given authority to prepare and submit the required
11 transmittal letter and supporting documents for the proposed amendment in
12 accordance with the requirements of Section 163.3184(4), Florida Statutes.
13
14 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
15 resolution to the Director of Planning.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, T
18 Florida, at a regular meeting held on the day of
19
20 a
21 Mayor Sylvia Murphy, District 5
22 Mayor Pro Tem Danny L. Kolhage, District 1
23 Commissioner Michelle Coldiron, District 2 M
4-
24 Commissioner Heather Carruthers, District 3
25 Commissioner David Rice, District 4
26
27 0
28 IL
Is
29 BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY, FLORIDA 0
31 a
32 BY 0
33 Mayor Sylvia Murphy
34 (SEAL)
35
36 ATTEST: KEVIN MADOK, CLERK
37
38
39 DEPUTY CLERK
40
41 �
42
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Resolution No. -19 Page 2 of 2 <
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Q.3.c
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4
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 0i
8
9 ORDINANCE NO. -2019
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISIONERS AMENDING MONROE COUNTY YEAR 2030
13 COMPREHENSIVE PLAN, POLICY 101.5.31 MAXIMUM HEIGHT
14 WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
15 TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES ooi
16 WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
17 UPON EVIDENCE SUBMITTED TO AND A HEIGHT VARIANCE
18 APPROVED BY THE OCEAN REEF COMMUNITY ASSOCIATION,
19 INC. ("MASTER ASSOCIATION"), AS PROPOSED BY SMITHIHAWKS,
20 PL ON BEHALF OF OCEAN REEF CLUB, INC.; PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
23 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR INCLUSION IN THE MONROE YEAR 2030
25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
26 (File#2019-023)
27 0
28
29 WHEREAS, on February 19, 2019, the Planning and Environmental Resources
30 Department received an application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. 2�
31 and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
32 Year 2030 Comprehensive Plan, Policy 101.5.31 to amend the Policy to allow structures within 0
33 Ocean Reef to exceed the maximum height limit up to a maximum of eighty (80) feet, upon
34 evidence submitted by the Ocean Reef Community Association, Inc. ("Master Association") that
35 a variance to height has been approved by the Master Association based on criteria established
36 for a variance by the Master Association; and U)
37
38 WHEREAS, the adopted Comprehensive Plan Policy 101.5.31 provides a height c
39 exception to the Ocean Reef master planned community for non-habitable architectural
40 decorative features to exceed the 35-foot height limit in Policy 101.5.30, provided the building W
41 together with any architectural decorative feature does not exceed 40 feet; and
42
43 WHEREAS, the Ocean Reef master planned community is a 100+ acre community
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44 which is inaccessible to the surrounding community and has a distinct community character
45 which has additional regulations and is monitored and maintained by their homeowners
46 association or similar entity; and
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2 WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
3 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
4 amendments, and it was determined that the proposed amendment would not have a County-wide
5 impact and a Community Meeting would not be required in accordance with LDC Section 102-
6 159(b); and
7 0�
8 WHEREAS, the Monroe County Development Review Committee (DRC) considered
9 and reviewed the proposed amendment at a regularly scheduled meeting held on the 25 h day of E
10 June, 2019; and
11
12 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
13 County Year 2030 Comprehensive Plan, Policy 101.5.31 to allow maximum height within Ocean
14 Reef, a gated master planned community, to include additional language to allow structures
15 within ocean reef to exceed the maximum height limit, upon evidence submitted to and a height ooi
16 variance approved by the Master Association established; and
17
18 WHEREAS, based upon the information and documentation submitted, the
19 Development Review Committee Chair found:
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan;
22 2. The proposed amendment is consistent with the Principles for Guiding Development
23 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
24 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
25
26 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
27 2019, for review and recommendation on the proposed amendment and reccomended approval 0
28 with changes; and
29
30 WHEREAS, the Monroe County Planning Commission recommended approval to the
31 proposed amendment with changes, as follows:
32 0
U)
33 Within Ocean Reef, lawfully established existing multifamily, transient and
34 nonresidential buildings which exceed the 35 foot height limit may be repaired,
35 improved, redeveloped and/or elevated to not exceed a total maximum building E
36 height of 60 feet. The existing buildings are limited to the existing lawfully U)
37 established number of habitable floors.
38 0
39 WHEREAS, the Planning Commission was presented with the following documents and
40 other information relevant to the request, which by reference is hereby incorporated as part of the W
41 record of said hearing:
42 1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
43 2. Sworn testimony of Monroe County Planning & Environmental Resources
44 Department staff, and
45 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
46 Planning Commission Counsel; and
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2 WHEREAS, based upon the information and documentation submitted, the Planning
3 Commission made the following Findings of Fact and Conclusions of Law:
4 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
5 Monroe County Year 2030 Comprehensive Plan; and
6 2. The proposed amendment is consistent with the Principles for Guiding Development
7 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 0i
8 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
9 and E
10
11 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P27-19
12 recommending approval of the proposed amendment; and
13
14 WHEREAS, the Applicant submitted additional data and analysis and amended language
15 on August 13, 2019, to the Planning Commission's recommended changes to Comprehensive coi
16 Plan Policy 101.5.31 as follows: M
17
18 Within Ocean Reef, multifamily, transient and nonresidential buildings developed
19 or redeveloped may not exceed a total maximum building height of 60 feet.
20 Buildings are limited to four habitable floors.
21 2
22 WHEREAS, at a regular meeting held on the 18 ' day of September 2019, the Monroe
23 County Board of County Commissioners held a public hearing to consider the transmittal of the
24 proposed text amendment, considered the staff report and provided for public comment and
25 public participation in accordance with the requirements of state law and the procedures adopted
26 for public participation in the planning process; and
27 0
28 WHEREAS, at the September 18, 2019, public hearing, the BOCC adopted Resolution
29 -2019, transmittal of the proposed text amendment to the State Land
30 Planning Agency;A d
Y an �
31
32 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 0
33 Objections, Recommendations and Comments (ORC) report, received by the County on
34 ; and
35
36 WHEREAS, the ORC report ; and
37
38 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
39 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
40 wi
41 WHEREAS, at a regularly scheduled meeting on the day of , 20 , the BOCC v
42 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
43
44
45
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I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: as
3 4-
4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
5 amended as follows (Deletions are shown stricken through; additions are shown
6 underlined):
7 i
8 Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible
9 to the surrounding community, and has a distinct community character, buildings may E
10
11 walk, exceed the 35-foot height limit in Policy 101.5.30, bt4 stie h feattifes
12 shall fiet exeeed 5 feet above t4e bttildifig's t:eef line. This exeeption shall fiet tvsttlt in a
13
14 40 feet. upon evidence submitted by the master association that a variance to height has 0
15 been approved by the master association based on criteria established for a variance by the 00i
16 master association, but no building may exceed 60 feet. Only buildings with multifamily
17 residential uses, transient units and nonresidential floor area may be developed or
18 redeveloped to a total maximum building height of 60 feet. Buildings exceeding the height
19 limit in Policy 101.5.30 are limited to four (4)habitable floors.
20
21 As used in this policy, a master planned community means a planned community of 100 or .2
22 more acres in area subject to a master plan or other development order approved by the
23 county where public access is restricted and the community is operated and maintained by
24 the community including the provision of comprehensive, private utilities and
25 transportation facilities and services within its boundaries and a homeowners association or
26 similar entity which regulates development standards and monitors development requests
27 by its members. 0
28
29 i
30 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
31 provision of this ordinance is held invalid, the remainder of this ordinance shall
32 not be affected by such validity. U)
33
34 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
35 conflict with this ordinance are hereby repealed to the extent of said conflict. E
36
37 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
38 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida c
39 Statutes.
40 wi
41 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
42 Secretary of the State of Florida but shall not become effective until a notice is
43 issued by the State Land Planning Agency or Administration Commission finding
44 the amendment in compliance with Chapter 163, Florida Statutes and after any
45 applicable challenges have been resolved. E
46
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I Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
2 incorporated in the Monroe County Comprehensive Plan. The numbering of the
3 foregoing amendment may be renumbered to conform to the numbering in the
4 Monroe County Comprehensive Plan.
5
6 Mayor Sylvia Murphy
7 Mayor Pro Tem Danny L. Kolhage 0i
8 Commissioner Heather Carruthers
9 Commissioner Michelle Coldiron
10 Commissioner David Rice
11
12 BOARD OF COUNTY COMMISSIONERS
13 OF MONROE COUNTY, FLORIDA
14 �s
15 BY coo
16 MAYOR SYLVIA MURPHY M�
17 (SEAL)
18
19 ATTEST: KEVIN MADOK, CLERK
20
21 2
22 DEPUTY CLERK
23
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Ordinance No. -19 Page 5 of 5
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Packet Pg. 2642
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Under the proposed text amendment, it would mean the highest part of a structure with multifamily residential
uses, transient units and nonresidential floor area within Ocean Reef could be 60 ft (inclusive of parking and
habitable floors and architectural decorative features).
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The areas with the map designations included within the tables below could potentially utilize the height limit of 4-
60ft.
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FLUM designations do
not allow multifamily, 2
transient and 0
nonresidential uses.
'� Open space ratios,
Ira �1�r ���" clearing limits,habitat
f iif open space
requirements,setbacks,
remain applicable
to development in
Ocean Reef.
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Map designation/zoning could Map designation/zoning could Map designation/zoning could allow
allow multifamily residential uses allow transient units (hotels, nonresidential floor area (office,
attached units motels,RVs, etc retail, restaurants,etc
Recreation(R)
Residential Conservation(RC)
Colors within the tables are intended to correspond with the colors depicted on the maps.
Zoning:
C
CI Y Qill��Y uuuuum
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CD
CD
CD
® CD
CO
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IS, AD, CD and OS
designations do not _as
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transient and
nonresidential uses.
Open space ratios,
�� clearing limits,habitat
� ' uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui
open space 0
quirements setbacks
�.'
remain applicable
to development in 0
Ocean Reef. W
C
Map designation/zoning could Map designation/zoning could Map designation/zoning could allow
allow multifamily residential uses allow transient units (hotels, nonresidential floor area (office, _
(attached units) motels,RVs, etc) retail, restaurants,etc)
Destination Resort District(DR) Destination Resort District
(DR) 2
Pill (L
Sparsely Settled Residential District
(SS) c�
Industrial District(I).
Policy 101.5.31 For Ocean Reef, a gated master planned community which is
inaccessible to the surrounding community, and has a distinct community character,
buildings may include non-habitable architectural decorative features (such as finials,
railings,widow's walk,parapets)that exceed the 35-foot height limit in Policy 101.5.30,
but such features shall not exceed 5 feet above the building's roof-line. This exception
shall not result in a building together with any architectural decorative feature with a
height that would exceed 40 feet.
In addition, within the Ocean Reef gated master planned community, upon
evidence submitted that a variance to the proposed building height has been
approved by the master association based o„ term established for a variance
by the master association, buildings containing multifamily residential,
transient, and/or nonresidential uses may be developed or redeveloped to a total
maximum building height of 60 feet, provided the buildings are limited to four
(4) habitable floors.
As used in this policy, a master planned community means a planned community of
100 or more acres in area subject to a master plan or other development order approved
by the county where public access is restricted and the community is operated and
maintained by the community including the provision of comprehensive, private
utilities and transportation facilities and services within its boundaries and a
homeowners association or similar entity which regulates development standards and
monitors development requests by its members.
Q3