Item O60.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers, District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron, District 2
�pw° Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: 0.6
Agenda Item Summary #6311
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending
Land Development Code Section 131-2, Maximum Height, to allow structures within Ocean Reef, a
gated master planned community, to exceed the maximum height limit, not to exceed 60 feet, upon
evidence submitted that the height has been approved by the Ocean Reef Community Association,
Inc. ("Master Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
ITEM BACKGROUND:
On February 19, 2019, the Planning and Environmental Resources Department received an
application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef Community
Association, Inc., (the "Applicant") to amend to the Land Development Code Section 131-2,
Maximum height, to include additional language that would allow buildings within Ocean Reef to
exceed the maximum height limit.
The applicant's original request was to allow buildings within Ocean Reef to be developed up to a
maximum of eighty (80) feet, upon evidence submitted by the Ocean Reef Community Association,
Inc. ("Master Association") that a variance to height has been approved by the Master Association
based on criteria established for a variance by the Master Association.
At a regular meeting held on June 25, 2019, the Development Review Committee (DRC) considered
the proposed Land Development Code text amendment and corresponding Comprehensive Plan text
amendment, and provided for public comment.
At a regular scheduled Planning Commission meeting held on July 31, 2019, the Planning
Commission considered the proposed Land Development Code text amendment and corresponding
Comprehensive Plan text amendment, and provided for public comment.
The Planning Commission adopted Resolution No. P28-19 recommending approval of the proposed
amendment with the following changes:
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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.
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 included 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).
Within Ocean Reef, multifamily, transient and nonresidential buildings developed or
redeveloped may not exceed a total maximum building height of 60 feet. Buildings are
limited to four habitable floors.
On September 18, 2019, the BOCC held a public hearing and adopted Resolution 260-2019
transmitting to the State Land Planning Agency (Department of Economic Opportunity, DEO) the
proposed amendment to the Monroe County Comprehensive Plan. At the hearing, the applicant
requested that the existing exception for decorative features be maintained for structures of all
types/uses, and minor edits to the wording regarding approval by the master association.
The amendment language approved by Resolution 260-2019 for transmittal to DEO was consistent
with the currently proposed amendment language, as follows:
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Poliu 10 1. 5.31[ l ui. Oc anrn Reef ` a gated. inr step la] air iie,d connlii Llrtity will :1i is IrnrncuessrbIC
to the surrl,,.nrnru-4rig I,iMITIU114y, nrid lmq,ts :,I disarm tI10FIvIl-a tnmrty character, built ri�gs to.,1Y
rt ,lirrlt'1:av rtrtlt®habit;ablle atthitectural dccortli,�' kntul (SLIClt 8 [rdi tls, railings, widoWs
wrnllk, Imrnrap ts) that exwu earl iii Policy y 101.5. 3�'�„ f�ut rI"�t ��TMatt.nres sli, l
Itr t excoed 'I'll reo above tilte bt,utl fling's toot lla,ate excepl.imt, shall llot resttllt in it Ibuilding
t:rrgethor i. itl�r Inrly architectunil, drUltrntiVOI-L'attLirC Mtb rt height that WOUl l excot,d4110 fect:.
atdclrtr )n. %iJlhirti the Ocecrcn, Reef uated inasler olaatned cr:arvrrturrritv.., uvon e),,i ea ce,
501 t al: h'4 lldj qg 11... Imt lmg !p rp gl�l gay " 41m ringljg[ � ,5 V , ,, I r r i„tl
hilt) t g t utttti iatt, t�,i,ttpti I aal tttsi � t7ti ,l t�w�ttsi tt�tM tut �"� r oar tlt�w I It�,r l uses ; lay be
deg r✓lop,ed oi! redevellil;te�1 tan atot: rl rnaxininung llnrii�.I.dhi lies li:l: n,l'' ls�et lnrOV[ded the
As Ltwd hi this pr;,ilicy, a master plant,riad crnniFill 13Ilty tneans a planned on-i Qsiurilty of 1010 rmr
tt ore titrres in area subJect to tr rttiaster plan of other, a, es°t;``ill l.xnettt order approved by the
Cr.irirllty %YIre.r.,I 1'Aultlrc access is rostrnctod and the cornri'nr.irnnty Is rit ratod rnrrcl 1-11,arnittt.rrIod by
the ttnttttt.Iutity tltchiding, [lie provision ofcoIttprehettsiv e, pr'lvtalte tra llilles and trtlnspci tati(111
"w: ac i 11 r t�iies and str'),iices iN,i dh i rt �its b,cluadaries and, d, a Itottrlueow rt t s rsmici tr.t r:.irt01, sr rtt i l �tr° iti.tw��
w°h[cll I-Qylthaes development standards and uaii iiwr;s dlevelopinew rl grjest by its niviirb s,
The currently proposed amendment to the Land Development Code is consistent with the language
transmitted to DEO and proposed for adoption into the Comprehensive Plan.
PROPOSED LAND DEVELOPMENT CODE AMENDMENT:
Section 131-2 Maximum Height.
No structure or building shall be developed that exceeds a maximum height of 35 feet.
Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
institutional and/or public uses only; 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 chapter 146.. Exceptions will be
allowed for flood protection as specifically permitted in Policies 101.5.32 and 101.5.33, and
within Ocean Reef as Drovided in Comprehensive Plan Policv 101.5.31 and restated in
subsection (a) and listed below. However, in no event shall any of the exclusions enumerated
in this section be construed to permit any habitable or usable space to exceed the maximum
height limitation, except as specifically permitted in Policies 101.5.31, 101.5.32 and
101.5.33. In the case of airport districts, the height limitations there in shall be absolute and
the exclusions enumerated in this section shall not apply.
(a) Within the Ocean Reef master planned community which is gated, isolated and
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
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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 the proposed building height has been approved 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.
PREVIOUS RELEVANT BOCC ACTION:
On September 27, 2017 the BOCC adopted Ordinance No. 016-2017 amending Comprehensive Plan
Policy 101.5.31, and Ordinance No. 017-2017 amending LDC Section 131-2, to allow non -habitable
architectural decorative features (such as finials, railings, widow's walk, parapets) to exceed the 35-
foot height limit by up to 5 feet.
On September 18, 2019, the BOCC adopted Resolution 260-2019 transmitting to DEO a
corresponding proposed amendment to the Monroe County Comprehensive Plan.
CONTRACT/AGREEMENT CHANGES:
na
STAFF RECOMMENDATION: Staff recommends approval, contingent on adoption and
effectiveness of the corresponding proposed Comprehensive Plan amendment.
DOCUMENTATION:
Staff Report - Ocean Reef Height - Land Development Code Amendment
Ordinance - Ocean Reef Height - LDC Amendment
2019-024 P28-19
2019-024 FILE
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
If yes, amount:
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
11/24/2019 11:24 AM
Steve Williams
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/22/2019 4:22 PM
Completed
11/25/2019 12:12 PM
11/25/2019 12:41 PM
11/25/2019 3:20 PM
11/25/2019 3:22 PM
12/11/2019 9:00 AM
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5 MEMORANDUM
6 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
7 qs
8
9 To: Monroe County Planning Commission
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
12 Resources x
13
14 From: R. Jay Berenzweig, AICP, CFM, Principal Planner
15
as
16 Date: November 21, 2019 0
17 7
18 Subject: An Ordinance by the Monroe County Board of County Commissioners amending Monroe r-
19 County Code Section 131-2, maximum height, to allow structures within Ocean Reef, a�
20 gated master planned community, to exceed the maximum height limit, not to exceed 60
21 feet, upon evidence submitted that the height has been approved by the Ocean Reef
22 Community Association, Inc., ("Master Association"); as proposed by Smith Hawks, PL;
23 providing for severability; providing for repeal of conflicting provisions; providing for 0
24 transmittal to the State Land Planning Agency and the Secretary of State; providing for as
25 inclusion in the Monroe County Code; providing for an effective date. (File 2019-024)
26
0
27 Meeting: December 11, 2019
28 a
29 CL
30 I. REQUEST
31
32 On February 19, 2019, the Planning and Environmental Resources Department received an
33 application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc. and Ocean Reef Community
34 Association, Inc., (the "Applicant") to amend to the Land Development Code Section 131-2,
35 Maximum height, to include additional language that would allow buildings within Ocean Reef to
36 exceed the maximum height limit up to a maximum of eighty (80) feet, upon evidence submitted
x
37 by the Ocean Reef Community Association, Inc. ("Master Association") that a variance to height
38 has been approved by the Master Association based on criteria established for a variance by the
39 Master Association.
40
41 The Applicant is requesting a text amendment to the Land Development Code as detailed above
42 and provided the following reasoning in the application materials: "Currently, the internal Ocean 0
43 Reef Community Association Building Regulations and Restrictions (`Rules and Restrictions') are
44 more stringent than those of the County and this internal variance procedure would permit Ocean
45 Reef to maintain its distinct community character, regulate development standards, and monitor
co
46 development requests by its members without the need of duly burdensome County approval.
47 Further, this Amendment does not affect the aesthetic or design of any other areas within the
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I County... The Amendment will not change the function of the Comprehensive Plan in any way but
2 will allow Ocean Reef to more easily and economically meet Florida Building Code requirements
3 for structures within the isolated community, while decreasing the burdensome process of requiring
4 approval from both the County and Ocean Reef... The Amendment applies to the entirety of the
5 isolated gated community known as Ocean Reef located in Key Largo."
6 The Applicant cites the following documents / data in the application material:
7 1. Ocean Reef Community Association (ORCA) Rules and Regulations; E
8 2. Rules and Regulations of the Architectural Review Board (ARC) within Ocean Reef, and
9 3. "Height Regulation in Residential Districts" by Frederick H. Bair, Jr.
10
11 The Applicant's full explanation and justification of the proposed amendment is included in the
12 file for the application (File No. 2019-024). A separate application to amend the corresponding
13 Comprehensive Plan Policy 101.5.31 was submitted by the Applicant (File No. 2019-023).
14
15 II. BACKGROUND INFORMATION
16
17 In 1977, the Monroe County Zoning Board approved the "overall conception of the Master Plan of
18 Ocean Reef' as a major development project in accordance with Ordinance No. 21-75. This
19 approval was memorialized by an unnumbered resolution dated August 25, 1977.
20
21 In 1997, the Master Plan for Ocean Reef was vested under Monroe County Board of County
22 Commissioners ("BOCC") Resolution No. 70-1997. The Master Plan for Ocean Reef was formerly
23 vested under BOCC Resolution Nos. 478-1988 and 539-1988.
24
25 On September 27, 2017 the BOCC passed adopted Ordinance No. 016-2017 that amended
26 Comprehensive Plan Policy 101.5.31 that allowed Ocean Reef, a gated master planned community
27 which is inaccessible to the surrounding community, and has a distinct community character, to
28 allow non -habitable architectural decorative features (such as finials, railings, widow's walk,
29 parapets) to exceed the 35-foot height limit in Policy 101.5.30 but such features shall not exceed 5
30 feet above the building's roof -line. This exception would not result in a building together with any
31 architectural decorative feature with a height that would exceed 40 feet. Ordinance No. 017-2017
32 was simultaneously adopted on September 27, 2017 that provided the same language to amend
33 Land Development Code Section 131-2.
34
35 As used in Policy 101.5.31, a master planned community means a planned community of 100 or
36 more acres in area subject to a master plan or other development order approved by the County
37 where public access is restricted and the community is operated and maintained by the community
38 including the provision of comprehensive, private utilities and transportation facilities and services
39 within its boundaries and a homeowners association or similar entity which regulates development
40 standards and monitors development requests by its members.
41
42 LDC Section 101-1 states "Master planned community means any master planned community
43 subject to a master plan or other development order approved by the county where public access is
44 restricted and the community is operated and maintained by the community including the provision
45 of comprehensive, private utilities and transportation facilities and services within its boundaries
46 and a homeowners association or similar entity which regulates development standards and
47 monitors development requests by its members."
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Concept Meeting and Community Meeting
In accordance with LDC Section 102-158(d)(3), private applicants submitting an application for
an amendment to the text of the Land Development Code or Comprehensive Plan shall 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 will
identify whether or not the proposed text amendment will have a County -wide impact. A Concept
Meeting for the Land Development Code text amendments was held March 28, 2019. It was
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)
considered the proposed Land Development Code text amendment and corresponding
Comprehensive Plan text amendment, and provided for public comment.
Planning Commission Meeting
At a regular scheduled Planning Commission meeting held on July 31, 2019, the Planning
Commission considered the proposed Land Development Code text amendment and corresponding
Comprehensive Plan text amendment, and provided for public comment.
The Planning Commission 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, 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.
The Monroe County Planning Commission subsequently adopted Resolution No. P28-19
recommending approval of the proposed amendment with the changes described above.
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 as follows:
Within 0(,,e an Jl'ee/, a�aralta��aa�aaly, 11-4111wiefat and laraalalaaags alapvaploped or
redeveloped anuY not cn..°eed 41 Iola/ In a.ramraana laraalaling hapa,ghl of (jo jd, el, i uildangs are
lianited tea finn— hubilablefloora o
The applicant provided the following data and analysis for the reasoning of the revisions to the text
amendment language:
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During the Planning niecting, it was dear that the priniary conceni pertained to
allowing singic fatnily, homes to excetki the cuffciit height limitations which may have bcen
pennissible under Occan Rect"s original proposed language, The Planning Corninission's
re"unmen(hatic)n is logical and is con sisteat witli Ocean Reefs building regulations and therefore
this recom,niendation, has been accepted.
As to mulfi-f-amily, hunsient. and nomesidentia.] buildings, Ocean Reef has historically allowed
buildings up, to 60i feet with it,,;; water tower's flagpole height measiming 90 feet which was the
basis for the ofIgmal requested niaximimi height of 810 feet Based on discussion with the Flanning
Coniniissiou and staff,, Ocean Reef agrees that .9 reasonable height restriction based on 01cean
Reef's lustorical aesthetics and af clutechual design is 60 feet for alulti.-fainfly, tranSlent and non-
residential. buildings However-. the Planning Coninussion liniited the development to
redevelopni,eut of emIsting buildings that already exceed 3.5 feet and to, the exact number off1oolis
that existed prior toredevelopment.
Ocean Reed" believes that this does not assist U'I lulpleni�enting 011cean Reefs long-term vision for
development of Its multi.-fanifly, translent and non-residentla.1 buildings 011cean Reef is cuirently
M the design phase for- redevelopment of Ocean Reefs clubhouse, the Ocean Room, which
currently Is one floor, located 'a, ithm' an AE 11 flood zone. Ocean Reef desires to redt,v elop the
Ocean Rooni into a nvo-story clubhouse., which wil.l. exceed 35 feet once elevated significantly
above flood. The current arnendnient would not allow Hurts to occur
Fur-ther, Ocean Reef imends to redevelop of Its boat barn to accommodate modern center console
vessels which are longer and have tuna, towers. which will requii-e the boat barn's height to be
stibstanfially Micreased to at or. near 60 feet:_ Ocean Reef has also discussed potentIlL911y
redeveloping allits hotels into a, silgle buildmig that would require this saine 60-foot height
envelope
These are exe,=Plai.-y of Ocean Reef"s cimient plaus and Riture plans that requir-e, the flexibility and
autonomy to develop or redevelop within a 60 foot height envelople. Based an the Prior, data of
existing buildings and this additional. info2ulation. Ocean Reef respectfiffly requests the
anieudni,ent to, read..
"WiffiOcean Reef, niliftifanilly, transient and nonresidential buildingsdeveloped or redeveloped
may not exceed a totalmaximuni building heIght of 60 feet Btitldifig�.Lif'plmli:tedtofour,habitablle
floors
PC SR 07.31.19
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I Packet Pg. 1432 1
11K cxkrivy, Occan Room, blui I d i I Ag aA-,o Ind I w irr dw I 950's and ss ( ano I evercd r zvcr tl I w cana I.
TIx. en I r"Mc( (4 the building is, rut a fini"Awed floor dcviion gal (i,5Y, HIC V RIL61dilIg iya SItIgIc
flal rom)f,
2
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)cc',�Irl Rooml ,,,;IItc -- 11""XIS61,1v '13mdidi�, q�,
PC SR 07.31.19
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2
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1
2
3
4
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The Applicant's proposed text, as submitted is shown as additions in underline and deletions are
Chapter 131— BULK REGULATIONS
Sec. 131-2. Maximum Height
No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions
will be allowed for chimneys; spires and/or steeples on structures used for institutional and/or
public uses only; 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 chapter 146. Exceptions will be allowed for flood protection as
specifically permitted in Policies 101.5.32 and 101.5.33 and listed below or in Ocean Reef as
provided in Policy 101.5.31 and restated below. However, in no event shall any of the exclusions
enumerated in this section be construed to permit any habitable or usable space to exceed the
maximum height limitation, except as specifically permitted in Policies 101.5.32 and 101.5.33. In
the case of airport districts, the height limitations therein shall be absolute and the exclusions
enumerated in this section shall not apply.
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I (a) Within the Ocean Reef master planned community which is gated, isolated and inaccessible to
2 the surrounding community, and has a distinct community character, buildings may itieltide
3 CD
4 rots` t4 exceed the 35-foot height limit, btit stieh f t,,..os shall ret exeeed 5 feet above
5
6 ..,.>,4eetttt:a deeet:at ve f t,,..o , ,it height that , ,,,a exeeed 40 feet. upon evidence by the
7 master association that a variance to height has been approved by the master association based
8 on criteria established for a variance by the master association, but no building may exceed 80
�s
9 feet.
10 *****
11
12 The Applicant's revised proposed text amendment
13 On August 13, 2019, the Applicant submitted additional data, analysis and amended language to
14 the Planning Commission's recommended changes as follows:
15 Within 0(,,ean J?ec,/, r�urAltu��ur�uuly , 11p4111w uefat and /urAuldun, ,w developed or N"d,'(levd,'loire(l
16 rnuY not c. r(,d,'ed a lolal In urilnrlln, lurAulding lueu,glut of 60jd elf Ruilding, s are hinited tofinn- hubilable
17 f1oora %
18
19 The applicant did not specify the location for the insertion of the revised text. The assumption is
20 the applicant intended the following (see blue text):
21
22 Laj Within the Ocean Reef master planned community which is gated, isolated and inaccessible to
23 the surrounding community, and has a distinct community character, buildings May ifieltide
24
25 rots` t4 exceed the 35-foot height limit, bt4 stteh f tttfes shall ret exeeed 5 feet above
26 t4e bttildifig's
27 afehiteetttfa4 deeefative featttfe v�,ith a height that v�ottld exEeed--�ee�. upon evidence
28 submitted by the master association that a variance to height has been approved by the master
29 association based on criteria established for a variance by the master association. Within 0c,,(.,,ati
30 � �;h _u afli hau�u� y _Ir_atisj(.giI_aut��_ut����r� ���� u�rot�� �ru�������t� _���,�� ����� �� _or r_t'&� v(�o ��_utu_y_���troM
31 aM_total u,tu,axiuruu in bi.ij it &_jt(ht of f_r(�_ �� � �-1tu_r�ildi il��r_�r_�' ��u�u�rot ��_ro�� I tj �t��rjro��rIc�
32 11oor s-,
33
34
35 On September 18, 2019, at the BOCC's transmittal hearing for the corresponding Comprehensive
36 Plan amendment, the applicant requested that the existing language regarding decorative features
37 be maintained in the policy for all types of buildings. The resulting amendment language, approved
38 for transmittal to DEO by BOCC Resolution 260-2019, was as follows:
39
40 Policy 101.5.31
41 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
42 community, and has a distinct community character, buildings may include non -habitable
43 architectural decorative features (such as finials, railings, widow's walk, parapets)that exceed
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I the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
2 building's roof -line. This exception shall not result in a building together with any
3 architectural decorative feature with a height that would exceed 40 feet.
4
5 In addition, within the Ocean Reef gated master planned community, upon evidence
6 submitted that the proposed building height has been approved by the master association,
7 buildings containing multifamily residential, transient, and/or nonresidential uses may be
8 developed or redeveloped to a total maximum building height of 60 feet, provided the
�s
9 buildings are limited to four (4) habitable floors.
10
11 As used in this policy, a master planned community means a planned community of 100or
12 more acres in area subject to a master plan or other development order approved by the county
13 where public access is restricted and the community is operated and maintained by the
14 community including the provision of comprehensive, private utilities and transportation
15 facilities and services within its boundaries and a homeowners association or similar entity
16 which regulates development standards and monitors development requests by its members.
17
18
19
20 IV. ANALYSIS OF PROPOSED AMENDMENT
21
22 The following definitions are provided in the Glossary of the Comprehensive Plan:
23
24 • Height means the vertical distance between grade and the highest part of any structure,
25 including mechanical equipment, but excluding the following: spires and/or steeples on
26 structures used for institutional and/or public uses only; chimneys; radio and/or television
27 antenna; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain
28 antenna supporting structures with attached antenna and/or collocations as permitted in the
29 Land Development Code. However, in no event shall any of the exclusions enumerated in
30 this definition be construed to permit any habitable or usable space to exceed the maximum
31 height limitation. In the case of airport districts, the height limitations therein shall be
32 absolute and the exclusions enumerated in this definition shall not apply.
33
34 • Grade means the highest natural elevation of the ground surface, prior to construction,
35 next to the proposed walls of a structure, or the crown or curb of the nearest road directly
36 adjacent to the structure, whichever is higher.
37
38 • Community Character means the image and perception of a community as defined by the
39 recognizable natural and built landmarks, boundaries and features that provide a sense of
40 place and orientation and the interrelationship of all these characteristics.
41
42 The Applicant provided an exhibit with a current listing of all building in Ocean Reef which exceed
43 35 feet in height:
44
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EXHIM!'T P
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.
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' 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 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 as
these items can increase height several feet which is the basis for the amendment. Ocean Reef
recognizes that each project is unique and desires the autonomy to govern approval of variances in
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I exceedance of 35' in order to protect the aesthetic and design within Ocean Reef but to also allow
2 development as identified above."
3
4 The proposed Amendment is consistent with the rules and restrictions of the Master Association.
5 The internal variance procedure would permit Ocean Reef to maintain its distinct community
6 character. The proposed amendment does not affect the aesthetic or design of any other areas within
7 the County. The amendment will not change the function of the Comprehensive Plan, and applies
8 to the entirety of Ocean Reef. The Amendment will encourage storm -hardened and practicable
�s
9 development of raised structures to match the increasing rising sea levels and storm surge.
10
11
12 Excerpts from the Ocean Reef Community Association BUILDING REGULATIONS &
13 RESTRICTIONS related to the proposed amendment:
14
AUILDING REGULATIONS"I
The, purpose of the Building Regulation and R,e tricbons of Ocean Reef C onarmauauty Association (ORCA) is to prornote
raornp atible diversity of stype and appearance gran ce of homes in the cornrnauarrlty, and to nnalntain through con taint
Uperviepon, the established tone and character of R"re development. The Architecturap Review C"rorrrrnrttoe (ARC) of
ORCA is responsible for 41f0rrniu10 property owners and other interested RaarlJe of the Bullding Re:,grwuietions and
Re.=atrrotieirus and enforcing tp'rem. These Regulations and Restriction ire not intended to ,stifle the lniaaa rnaat on on
creative desires of property owner,;,, but uather to as,stuire ttaern that p"arotective, restrictions are in effect, vrp°inch wflil
15 n i arnatain the to eararrr'r., a;ha< 'cter° and vaprae of Ocean Reef poRenlaes.
16
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L GENERAL
A. All plans must be approved by the ARC, arid both an ORCA Building, Permit and Monroe County Permit rsskied C14
prior to the start of any construction, pandscaping, demolition, land ctearing, or land lev0ng, pule driving or
storage of rnateriat and eqUilpMent. Thies, Includes permits for any construction, construction trailers or any
other, activity reqUihng Courity pierryiRs, A Monroe County building pernift is required prior to pssuance of an, C14
ORCA perf-rdt, ORCA contrarrtor re gist rati o in is required prior to an O�RCA per'nrit ISSIL1,1110e, in accordti rice with
the busine n, requirernerits for Ocean Reef.
B. The ARC is authorized to approve, and/or deny perrnits, and variance requests. Any individUall whose plans or
variance requests have been denied inay appeal to tine Board of Directors. The Board can grant variances
and/or listen to appeals.
H. Any revjs'uons to plans already subinitted, affecting hie emerior of a stn,,icture must be resubmitted for approval
of the ARC, Rewislons that are rnade to the design drawings as relates to ORCA Regulations and Restricbons
after ORCA issues Review Report comments must be noted with a "clouid" around the revision and a revision
number in a triangle next to the 'cloud", as well as a date and a brief description of the revision noted in, the
Revision Block (in tfie Title block), This iiicludes, changes in colors, as well as exterior facades. To expwroedike the
review of proposed revisions, it is suggested that a list of revisions be submitted witir: tire se tilled revised
2 drawirigs. Changes made without such approval wilt void the existing pern')jt.
K All construction at Ocean Reef is subject to existing zoning and buil6rig ordinances of Monroe County and
OR�CA building regulations and resInchons� thie inost restrictive prevails), and all other ORCA Rules and
guidefines listed under the table of contemts,, Isstmnice of a Monroe Courity permit does not wzilve the need for
an ORCA BUilding PerrnA, inor does, the rssuance of an ORCA Budding Perin'iit waive the iieed for tine req,urred
County or any rather regulatory permits. The ARC wii0 not knowingly appmve a project, which is in violation of
the County bulding mid zoning codes or any other regulatory agency.
p.&iillding 1:jerrrut applications derijed by the ARC may be reconsidered on presentation of rnew or addjbona�
inforniation, If it is the :sense of the ARC, the plans niay be processkad Under the guldefirres for variance
procedures,
M, Request for vzaivarnces in setbacks or other restrictions w^willl normally be denied unless a hardiship can be
prover) to exist,
N, These regulations may Ibe changed frorn tirne to one. Ttierefore, it is the resjponsbflity of the property owner
3 and contractor to obtain the rrIOSI CUrreril publicalJon.
IV. BUILDING SPECIRCATIONS
4 THIS SECTION DOES, NOT APPLY TO CONDOMINIUMS
B. Maxinrurn Height
1. No structure or, building shall be developed that exiceeds the MaXiMUrn height stati,-d in Section VI,
Buildatille Volurne - BUilldable Area, Page 14, or the Monroe County rilaximuni buildilng Iheig,ht
requiremewnts may be used, whichever is inoire restrictive.
2. A Chimney or elevator shaft override may exceed the n'laxiiniuni hraight up to four l4) feet. A chimney s1riall
5 not, exceed a cross sectionall area of fifty (50) square feet,
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Definition of Buildable Volume:
The Bufldable VOILHne is defined by irnagmary vertical, horizontal and angled planes that establish the limits of
any pahysical ellernent, of flie residence, AH physical elements of the residence are to be witMnflie buildable
volume. See exceptions below,
A. THE "BlIALDABLE VOLUME" AND "BUR.DABLE AREA" ARE DETERMINED BY THE FOLLOWING:
1, Determine the required setbacks (front, rear and sides) for the lot.
2. Draw a line that connects each setback (front, rear and sides). This detenidnes We yjgqxJmqM buildable
area and the base of Lhe buildable, volume.
3The base buildable volume begins (,sns on) the FEMA Base Flood Ehevatjon (FIFE) first floor habitable floor
height.
4, Monroe County establishes the first habitable floor height at FEMA Base Aood Elevatiorn, B,FE +1 foot,
5, In the event an applicant voluil,itarily rEdses the first habitable floor hehit, up to a niaximurn of 3 feet
above FEMA (BFE) +1 foot, as a msiulit the base of tine building, volui'm may begin at this height and
e.stablish this as the new first floor 1"nabitable 'floor height, As a restAlt, the base b0ding volume may be
raised teal a MaXin'U"11 height of FEMA BFE + 4 feet,
6. Thie buildable volume begins try going vertical from 0e chosen first floor habitable flooir height to a height
of twelve (12) feet. This establishes, the vertical sides of the buildable volutne.
7. At the top of the twelve (12) foot vertical sides, the buildable volunie slopes inward at angles, 4"n figure 2,
page 40, to a point where a twenty4jve (25) foot vertical height frorn the first habitable floor height is
established.
& The tot) height of t1he buildable Wurne is twenty-five (25) feet above the first floor habilable Iheight, which
is FEMA BFE +1 to +4 feet
AN642"0012
1, The buildable volurne stated above rnay be altered by the 25% n,fle stated in, (his, document (see page 11,
Semon A,3).
2. "i"he buildable VOILffne stated above may be alti(,ned per the side setback exceptions set forth in this
dOCUrTleML
3. Roof overhangs shall not extend rnore than three (3') feet outside the buildable volunle,
4. A chimney may extend vertically up to four (4') feet above the top and shopung sides of the buildable
2 volun,)e. A clh'hrnney shjalV not exceed a r,-.ross section:W of fifty (50) square feet,
5, Exterior dormers, and outdoor porches, without to roof overhang, extending outside of the buildable volume
wild be consid(n,ro%red on a case by case basis.
3 6. Sunrise Cay rnaxiff'RAM building height may be determined by using the, Monroe County rukns/restrictions.
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I
2
3
VARMCE REQUEST $25,0
If NjAding, dock or laindscape plans are not approved by the ARC, 'Lhe foIlowing is the proper
proced u re,
Aw The owner or his agera rrwst skAbirdt in writing a reqwst for a varuance.
The request rinust state the fart s why a variance should be al)praved, i.e., specific hardship, not Just
that it ls desirable.
CIt Tnust refer to the ORCA BrMdirig Regulaticn)s and Restrictions seation(s) that are in Molation on
plans that were reviewed.
D, The ARC will notify all adjacent property owner's within, a 300-feat cirCUrnference by certified mail of
the request for a vairiance, arid the nature of the variance.
E. When a violation exists and no periTirt was ablainedl and as variance rs reqtjested, the vadance f(-,,e foir
review by the ARC will be $1,000 in addition to the doul-'iled peirrnit fee. This does rmt guarantee
apprcwa9 of the va6ance. Shoulld the request be denied, 0 votations wiH be rectified within 3,0 days
12
12
ME 14'Feol Max,
llowl rTNIA
Use F lood Oevawv
A 2 7 7"
7.01 00"
LD
00,
Buildable Volume
�'Tio—n—tr
Monrx,, Counly
O tM Floor
FiTliabIaOvvation (13FE, N' feut�
Setback
28 feet
L
ri
FOAA Baca FMod Elovitnm
Front and ar Setbacks
usuirpau
N\tl
20
Firqt Habilable
Floor Elevation
up to a Maxmirn of
11 Ft atkove BFEtl
Setback
Fromdmspo 11at Flow
HabdaUe Fluor
Change based on the
neighborhoo4l Buildable Volum�e Rea i- Set back
311) feet = 12/12/sIope
Pi-ont Setback AE I I' and under = 12/121sh)pe 20 feet � 12/20/ilope
AE 12' and givater = 8/12hsliope
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1
2
35
36
37
38
39
40
41
42
43
44
45
.R
V. STAFF RECOMMENDED CHANGES TO THE PROPOSED AMENDMENT
Additions are shown in underline and deletions are sly.
Chapter 131— BULK REGULATIONS
Sec. 131-2. Maximum Height
No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions
will be allowed for chimneys; spires and/or steeples on structures used for institutional and/or
public uses only; 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 chapter 146. Exceptions will be allowed for flood protection as
specifically permitted in Policies 101.5.32 and 101.5.33 and listed below, or in Ocean Reef as
provided in Policy 101.5.31 and restated in subsection (a) and listed below. However, in no event
shall any of the exclusions enumerated in this section be construed to permit any habitable or usable
space to exceed the maximum height limitation, except as specifically permitted in Policies
101.5.32 and 101.5.33. In the case of airport districts, the height limitations therein shall be absolute
and the exclusions enumerated in this section shall not apply.
(a) Within the Ocean Reef master planned community which is gated, isolated and 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, 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 the proposed building height has been approved 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.
VI. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
The proposed Amendment may provide protective measures for the public to combat
increasingly -evident impacts of sea level rise / climate change and encourage storm hardened
and practicable development of raised structures.
2. Changed assumptions (e.g., regarding demographic trends);
N/A
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1
2 3. Data errors, including errors in mapping, vegetative types and natural features described in
3 volume 1 of the plan;
4 N/A
5
6 4. New issues;
7 N/A
8
9 5. Recognition of a need for additional detail or comprehensiveness; or
The Applicant indicates the proposed Amendment is based on such recognition: "The current
LDC has policies that encourage communities to be involved in the decision -making process
regarding the character of their community developments, but does not allow for those
communities to self -govern. Permitting an isolated community to self -govern and approved or
deny variances to the height restrictions furthers the objects of the LDC. The operational,
concurrency, and environmental impacts are identical for height variances whether approved by
the County or by Ocean Reef. The Amendment encourages sound, attractive, and practical
variance procedure for the isolated community that such variance would affect."
The proposed amendment addresses the need for additional detail to implement the proposed
comprehensive plan policies related to height exceptions within the Ocean Reef master planned
community.
23 6. Data updates;
24 N/A
25
26 In no event shall an amendment be approved which will result in an adverse community change
27 to the planning area in which the proposed development is located or to any area in accordance
28 with a livable communikeys master plan pursuant to findings of the board of county
29 commissioners.
30 The proposed text amendment is not anticipated to result in an adverse community change. All
31 development shall be required to comply with level of service, concurrency, the regulations set forth
32 in the Land Development Code and the Florida Building Code. The proposed amendment will be
33 limited to Master Planned Community of Ocean Reef.
34
35 VII. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
36 PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
37
38 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
39 Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
40
41 GOAL 101
42 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
43 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
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2 Objective 101.5
3 Monroe County shall regulate future development and redevelopment to maintain and enhance
4 the character of the community and protect natural resources by providing for the compatible
5 distribution of land uses consistent with the designations shown on the Future Land Use Map.
6 [F.S. § 163.3177(6)(a)]
7
8 Policy 101.5.30
9 In order to preserve the existing community character and natural environment, Monroe County
10 shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
11 distance between grade and the highest part of any structure, including mechanical equipment,
12 but excluding spires and/or steeples on structures used for institutional and/or public uses only;
13 chimneys; radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or
14 transmission towers; and certain antenna supporting structures with attached antennas and/or
15 collocations. However, in no event shall any of the exclusions enumerated above be construed to
16 permit any habitable or usable space to exceed the applicable height limitations, except as
17 specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,
18 there shall be no exceptions to the 35-foot height limitation. ( Ord. No. 016-2017 , § 1, 9-27-
19 2017)
20
21 Policy 101.5.32
22 Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
23 Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
24 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
25 other hazards; protect property from flooding and minimize damages; minimize public and
26 private losses due to flooding; minimize future expenditures of public funds for flood control
27 projects and for recovery from flood events; and mitigate rising flood insurance premiums. A
28 Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height
29 limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three
30 (3) feet above FEMA base flood elevation; and a flood protection height exception of a maximum
31 of three (3) feet above the 35-foot height limit shall be provided to allow new (new construction
32 or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base
33 flood elevation. These exceptions are in order to promote flood protection, minimize flood
34 damage, reduce flood insurance premiums and minimize future expenditures of public funds for
35 recovery from flood events. In no case shall a Flood Protection Height Exception result in a new
36 building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a
37 maximum height of 40 feet. ( Ord. No. 016-2017, § 1, 9-27-2017)
38
39 Policy 101.5.33
40 Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development
41 Regulations which provide a Flood Protection Height Exception for lawfully established existing
42 buildings which exceed the 35-foot height limit, to promote public health, safety and general
43 welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property
44 from flooding and minimize damages; minimize public and private losses due to flooding;
45 minimize future expenditures of public funds for flood control projects and for recovery from
46 flood events; and mitigate rising flood insurance premiums. A lawfully established existing
47 building may be repaired, improved, redeveloped and/or elevated to meet required FEMA base
48 flood elevation (BFE) provided the building does not exceed a total maximum building height of
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1
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
3
existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before
4
the Planning Commission and the Board of County Commissioners shall be required to review
5
and specify the maximum approved height prior to issuance of any county permit or development
6
approval. The Planning Commission shall provide a recommendation to the BOCC on the
7
maximum height of a building. The BOCC shall adopt a resolution specifying the maximum
E
8
approved height. ( Ord. No. 016-2017 , § 1, 9-27-2017)
�s
9
10
GOAL 1501
11
Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
12
Islamorada, Layton and Marathon; regional, State, and federal government agencies,
13
nongovernmental organizations and private organizations to exchange data and develop
14
coordinated strategies to address energy conservation and impacts from climate change.
15
a
c�
16
Policy 1501.1.2
17
Monroe County will participate in cooperative efforts such as the Southeast Florida Regional
18
Climate Change Compact in order to maximize efforts to facilitate the exchange of ideas and
r_
19
data and coordinate policies promoting energy conservation and climate change resilience.
U)
20
21
B. The amendment is consistent with the Principles for Guiding Development for the Florida
22
Keys Area, Section 380.0552(7), Florida Statutes.
23
24
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
a
25
with the principles for guiding development and any amendments to the principles, the principles
26
shall be construed as a whole and no specific provision shall be construed or applied in isolation
27
from the other provisions.
28
29
(a) Strengthening local government capabilities for managing land use and development so that local
E
30
government is able to achieve these objectives without continuing the area of critical state concern
0
31
designation.
32
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
33
wetlands, fish and wildlife, and their habitat.
34
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
35
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
36
their habitat.
37
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
38
development.
39
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
40
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
41
ensuring that development is compatible with the unique historic character of the Florida Keys.
42
(g) Protecting the historical heritage of the Florida Keys.
43
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed maj or
44
public investments, including:
0
45
46
1. The Florida Keys Aqueduct and water supply facilities;
47
2. Sewage collection, treatment, and disposal facilities;
48
3. Solid waste treatment, collection, and disposal facilities;
49
4. Key West Naval Air Station and other military facilities;
50
5. Transportation facilities;
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1 6. Federal parks, wildlife refuges, and marine sanctuaries;
2 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
3 8. City electric service and the Florida Keys Electric Co-op; and
4 9. Other utilities, as appropriate.
5 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
6 and replacement of stormwater management facilities; central sewage collection; treatment and
7 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
8 treatment and disposal systems.
9 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
10 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
11 as applicable, and by directing growth to areas served by central wastewater treatment facilities
12 through permit allocation systems.
13 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
14 Keys.
15 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
16 (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
17 or manmade disaster and for a post disaster reconstruction plan.
18 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
19 the Florida Keys as a unique Florida resource.
20
21 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
22 with the Principles for Guiding Development as a whole and is not inconsistent with any
23 Principle.
24
25 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
26 (F.S.). Specifically, the amendment furthers:
27
28 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
29 enhance present advantages; encourage the most appropriate use of land, water, and resources,
30 consistent with the public interest; overcome present handicaps; and deal effectively with future
31 problems that may result from the use and development of land within their jurisdictions. Through
32 the process of comprehensive planning, it is intended that units of local government can preserve,
33 promote, protect, and improve the public health, safety, comfort, good order, appearance,
34 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
35 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing,
36 and other requirements and services; and conserve, develop, utilize, and protect natural resources
37 within their jurisdictions.
38
39 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status
40 set out in this act and that no public or private development shall be permitted except in conformity
41 with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with
42 this act.
43
44 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
45 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
46 development of the area that reflects community commitments to implement the plan and its elements.
47 These principles and strategies shall guide future decisions in a consistent manner and shall contain
48 programs and activities to ensure comprehensive plans are implemented. The sections of the
49 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
50 and policies, shall describe how the local government's programs, activities, and land development
51 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
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I consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
2
in the comprehensive plan but rather to require identification of those programs, activities, and land
;;F
3
development regulations that will be part of the strategy for implementing the comprehensive plan
4
and the principles that describe how the programs, activities, and land development regulations will
5
be carried out. The plan shall establish meaningful and predictable standards for the use and
6
development of land and provide meaningful guidelines for the content of more detailed land
-6
7
development and use regulations.
8
E
9
163.3201, F.S. - Relationship of comprehensive plan to exercise of land development regulatory
�3
10
authority. - It is the intent of this act that adopted comprehensive plans or elements thereof shall be
11
implemented, in part, by the adoption and enforcement of appropriate local regulations on the
12
development of lands and waters within an area. It is the intent of this act that the adoption and
2'
13
enforcement by a governing body of regulations for the development of land or the adoption and
14
enforcement by a governing body of a land development code for an area shall be based on, be related
4-
15
to, and be a means of implementation for an adopted comprehensive plan as required by this act.
16
as
17
VIII. PROCESS
c�
18
19
Land Development Code Amendments may be proposed by the Board of County Commissioners,
r-
20
the Planning Commission, the Director of Planning, private application, or the owner or other person
21
having a contractual interest in property to be affected by a proposed amendment. The Director of
22
Planning shall review and process applications as they are received and pass them onto the
23
Development Review Committee and the Planning Commission.
24 E
25 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
26 review the application, the reports and recommendations of the Department of Planning &
27 Environmental Resources and the Development Review Committee and the testimony given at the
28 public hearing. The Planning Commission shall submit its recommendations and findings to the
29 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
30 adoption of the proposed amendment, and considers the staff report, staff recommendation, Planning
31 Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
32 the proposed amendment based on one or more of the factors established in LDC Section 102-
33 158(d)(7).
34
35 IX. STAFF RECOMMENDATION
36
37 Staff recommends approval of the proposed amendment, contingent on adoption and
38 effectiveness of the corresponding Comprehensive Plan amendment.
PC SR 07.31.19
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2019
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY LAND
DEVELOPMENT CODE SECTION 131-2(A), 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,
NOT TO EXCEED 60 FEET, UPON EVIDENCE SUBMITTED THAT THE
HEIGHT HAS BEEN APPROVED BY THE OCEAN REEF COMMUNITY
ASSOCIATION, INC. ("MASTER ASSOCIATION"), AS PROPOSED BY
SMITH/HAWKS, PL 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 LAND DEVELOPMENT
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 19, 2019, the Planning and Environmental Resources
Department received an 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
Land Development Code Section 131-2(a), to allow structures within Ocean Reef to exceed the
maximum height limit up to a maximum of eighty (80) feet, upon evidence submitted by the Ocean
Reef Community Association, Inc. ("Master Association") that a variance to height has been
approved by the Master Association based on criteria established for a variance by the Master
Association; and
37 WHEREAS, the adopted Land Development Code Section 131-2(a) provides a height
38 exception to the Ocean Reef master planned community for non -habitable architectural decorative
39 features to exceed the 35-foot height limit in Policy 101.5.30, provided the building together with
40 any architectural decorative feature does not exceed 40 feet; and
41
42 WHEREAS, the Ocean Reef master planned community is a 100+ acre community which
43 is inaccessible to the surrounding community and has a distinct community character which has
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I additional regulations and is monitored and maintained by their homeowners association or similar
2 entity; and
3
4 WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
5 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
6 amendments, and it was determined that the proposed amendment would not have a County -wide
7 impact and a Community Meeting would not be required in accordance with LDC Section 102-
8 159(b); and
9
10 WHEREAS, the Monroe County Development Review Committee (DRC) considered and
11 reviewed the proposed amendment at a regularly scheduled meeting held on the 25t' day of June,
12 2019; and
13
14 WHEREAS, staff is recommending approval of the proposed amendment to the Monroe
15 County Land Development Code Section 131-2(a), to allow maximum height within Ocean Reef,
16 a gated master planned community, to include additional language to allow structures within ocean
17 reef to exceed the maximum height limit, upon evidence submitted to and a height variance
18 approved by the Master Association established; and
19
20 WHEREAS, based upon the information and documentation submitted, the Development
21 Review Committee Chair found:
22 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2030 Comprehensive Plan;
24 2. The proposed amendment is consistent with the Principles for Guiding Development
25 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
26 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
27
28 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
29 2019, for review and recommendation on the proposed amendment and recommended approval
30 with changes; and
31
32 WHEREAS, the Monroe County Planning Commission recommended approval to the
33 proposed amendment with changes, as follows:
34
35 Within Ocean Reef, lawfully established existing multifamily, transient and
36 nonresidential buildings which exceed the 35 foot height limit may be repaired,
37 improved, redeveloped and/or elevated to not exceed a total maximum building
38 height of 60 feet. The existing buildings are limited to the existing lawfully
39 established number of habitable floors.
40
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WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
2. Sworn testimony of Monroe County Planning & Environmental Resources Department
staff, and
3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
WHEREAS, the Monroe County Planning Commission adopted Resolution No. P28-19
recommending approval of the proposed amendment; and
WHEREAS, the Applicant submitted additional data and analysis and amended language
on August 13, 2019, to the Planning Commission's recommended changes to the Land
Development Code Section 131-2(a) as follows:
Within Ocean Reef, multifamily, transient and nonresidential buildings developed
or redeveloped may not exceed a total maximum building height of 60 feet.
Buildings are limited to four habitable floors.
WHEREAS, at a regularly scheduled meeting on the 111' day of December, 2019, the
BOCC held a public hearing to consider adoption of the proposed Land Development Code text
amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The text of the Monroe County Land Development Code is hereby amended as
follows (Deletions are shown stricken through; additions are shown underlined):
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I Section 131-2 Maximum Height.
2 No structure or building shall be developed that exceeds a maximum height of 35 feet.
3 Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
4 institutional and/or public uses only; radio and/or television antenna; flagpoles; solar
5 apparatus; utility poles and/or transmission towers; and certain antenna supporting structures
6 with attached antenna and/or collocations as permitted in chapter 146. Exceptions will be
7 allowed for flood protection as specifically permitted in Policies 101.5.32 and 101.5.33, or
8 within Ocean Reef as provided in Comprehensive Plan Policy 101.5.31 and restated in
9 subsection (a) �ra� below. However, in no event shall any of the exclusions enumerated
10 in this section be construed to permit any habitable or usable space to exceed the maximum
11 height limitation, except as specifically permitted in Policies 101.5.31, 101.5.32 and
12 101.5.33. In the case of airport districts, the height limitations there in shall be absolute and
13 the exclusions enumerated in this section shall not apply.
14
15 (a) Within the Ocean Reef master planned community which is gated, isolated and
16 inaccessible to the surrounding community, and has a distinct community character,
17 buildings may include non -habitable architectural decorative features (such as finials,
18 railings, widow's walk, parapets) that exceed the 35-foot height limit in Policy 101.5.30,
19 but such features shall not exceed 5 feet above the building's roof -line. This exception
20 shall not result in a building together with any architectural decorative feature with a
21 height that would exceed 40 feet.
22
23 In addition, within the Ocean Reef gated master planned community, upon evidence
24 submitted that the proposed building height has been aproved by the master association,
25 buildings containing multifamily residential, transient, and/or nonresidential uses may be
26 developed or redeveloped to a total maximum building_height of 60 feet, provided of 60 feet, provided the
27 buildings are limited to four (4) habitable floors.
29
30
31
32 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
33 provision of this ordinance is held invalid, the remainder of this ordinance shall not
34 be affected by such validity.
35
36 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
37 conflict with this ordinance are hereby repealed to the extent of said conflict.
38
39
40 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
41 Secretary of the State of Florida but shall not become effective until a notice is
42 issued by the State Land Planning Agency or Administration Commission finding
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the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 5. Inclusion in the Land Development Code. The text amendment shall be
incorporated in the Monroe County Land Development Code. The numbering of
the foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Land Development Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of 1 20
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Ordinance No. -19
File 42019-024
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Sylvia Murphy
Commissioner David Rice
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:1
MAYOR HEATHER CARRUTHERS
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7 MONROE COUNTY, FLORIDA
8 PLANNING COMMISSION RESOLUTION O. P28-19
9
10 A RESOLUTION BY THE MONROE COUNTY PLANNING
11 COMMISSION RECOMMENDING APPROVAL OF AN
12 ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING MONROE COUNTY LAND
14 DEVELOPMENT CODE SECTION 1-31-2(A), MAXIMUM HEIGHT
15 WITHIN OCEAN REEF, A GATED MASTER PLANNED
16 COMMUNITY, TO INCLUDE ADDITIONAL LANGUAGE TO
1,7 ALLOW STRUCTURES WITHIN OCEAN REEF TO EXCEED THE
18 MAXIMUM HEIGHT LIMIT, UPON EVIDENCE SUBMITTED TO
f9 AND A HEIGHT VARIANCE APPROVED BY THE OCEAN REEF
20 COMMUNITY ASSOCIATION, INC. ("MASTER ASSOCIATION"),
21 AS PROPOSED BY SMITH/HAWKS, PI, ON BEHALF OF OCEAN
22 REEF CLUB, INC.; PROVIDING FOR SEVERABILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE;
26 PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
27 CODE; PROVIDING FOR AN EFFECTIVE DATE. (File #2019-024)
28
29
30
31 WHEREAS, On February 1.9, 2019, the Planning and Environmental Resources
32 Department received an application frorn Smith Hawks PL, on behalf of Ocean Reef Club, Inc.
33 and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
34 Land Development Code Section 131-2(a), maximum height, to allow structures within Ocean
35 Reef to exceed the iriaximum height limit up to a maximum of eighty (80) feet, upon evidence
36 submitted by the Ocean Reef Cornmunity Association, Inc. ("Master Association") that a variance
37 to height has been approved, by the Master Association based on criteria established for a variance
38 by the Master Association; and
39
40 WHEREAS,, on April 1, 2019 a concept meeting was held, as required by LDC Section
41 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
42 amendments, and it was determined that the proposed amendment would not have a County -wide
43 impact and a Community Meeting would not be required in accordance with LDC Section 102-
44 159(b); and
45
Resolution #P 28-19 Page I of 3
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I WHEREAS, the Monroe County Development Review Committee (DRC) considered and
2 reviewed the proposed amendment at a regularly scheduled meeting held on the 25th day of June,
3 2019; and
4
5 WHEREAS, the Applicant has submitted a corresponding text amendment to the Year
6 2030 Comprehensive Plan proposing to amend Policy 101.5.31, maximum height within Ocean
7 Reef; and
8
9 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
10 County Land Development Code Section 131-2(a) to allow maximum height within Ocean Reef,
11 a gated master planned community, to include additional language to allow structures within ocean
12 reef to exceed the maximum height limit, upon evidence submitted to and a height variance
13 approved by the Master Association established under Land Development Code Chapter 131; and
14
15 WHEREAS, based upon the information and documentation submitted, the Development
16 Review Committee Chair found:
17 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
18 Monroe County Year 2030 Comprehensive PIan;
19 2. The proposed amendment is consistent with the Principles for Guiding Development
20 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
21 3. The proposed amendment is consistent with Part U of Chapter 163, Florida Statute.
22
23 WHEREAS, the Planning Commission was presented with the following documents and
24 other information relevant to the request, which by reference is hereby incorporated as part of the
25 record of said hearing:
26 1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 31, 2019;
27 2. Presentation & comments made by Barton W. Smith, Esq, Smith Hawks, PL;
28 3. Sworn testimony of Monroe County Planning & Environmental Resources Department
29 staff; and
30 4. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
31 Planning Commission Counsel; and
32
33 WHEREAS, based upon the information and documentation submitted, the Planning
34 Commission makes the following Findings of Fact and Conclusions of Law:
35 1. The proposed amendment is consistent with the Goals, Objectives and Policies of
36 the Monroe County Year 2030 Comprebensive Plan; and
37 2. The proposed amendment is consistent with the Principles for Guiding
38 Development for the Florida Keys Area of Critical State Concern, Sec.
39 380.0552(7), F.S.; and
40 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute;
41 and
42 4. The proposed amendment, with changes as directed by the Planning Commission,
43 is necessary due to recognition of a need for additional detail or comprehensiveness,
44 and data updates, as required by Section 102-158 of the Monroe County Code;
45
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recornmends
approval with changes as discussed during the hearing, to by the Board of County Commissioners
of an amendment to the Monroe County Land Developirient Code Section 131-2(a). The Planning
Commission',; recommended change is as follows:
Within Ocean Reef, lawfully established existing multifamily, transient and non-
residential buildings which exceed the 35-foot height Ifi-nit 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,
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at tregular meetitigheld ontime 3l" day ofjml 2019.
� I
Denise Werling, Chair
William, Wiatt, Commissioner
Torn Coward, Commissioner
Joe Scarpelli, Commissioner
Ron Miller, Commissioner
PLANNING COMMISSION OF MO
FILED WITH Tl,�M
By
Denise Wei -ling, Chair
YES
YES
YES
NO
YES
UNTY, FLORIDA
AUG 2 ?, 2019 Signed this day of 's 2019
d '7
AGENCY CLERK NOTARY PQ�LICT , STAE OF FLORIDA
Monroe County Planning Commission Attorney
App - v?ed As To F-Ppal
M1111.1z
olfe
Date: 6) e,7
Resolution #1P 28-19
File #2019-024
ftm MIVI_413iYse
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REVISED LANGUAGE PER APPLICANT REQUEST AT HEARING (LDC):
Section 131-2 Maximum Height.
No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions will be allowed for chimneys;
spires and/or steeples on structures used for institutional and/or public uses only; 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 chapter 146. Exceptions will be allowed for flood protection as specifically permitted in Policies
101.5.32 and 101.5.33, or within Ocean Reef as provided in Comprehensive Plan Policy 101.5.31 and restated in subsection(a)and
listed below. However, in no event shall any of the exclusions enumerated in this section be construed to permit any habitable or
usable space to exceed the maximum height limitation, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.
In the case of airport districts, the height limitations there in shall be absolute and the exclusions enumerated in this section shall
not apply.
(a) Within the Ocean Reef master planned community which is gated, isolated and 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 the proposed building height
has been a..roved b the master association ;:_ • C+ j nunit
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.
to ton,
Monroe County BOCC Regular Meeting December 11, 2019; Items 05 and 06