Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 17,2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Public hearing to consider an ordinance amending the Monroe County Year
2010 Comprehensive Plan, Policies 203.1.3, 204.2.6, and 212.2.3 to include changes to wetland and shoreline
setbacks in accordance with a stipulated settlement agreement between the Department of Community Affairs
and Monroe County.
ITEM BACKGROUND: On January 13, 1999, the Board of County Commissioners adopted Ordinance No.
006-1999 amending the Policies. In a letter dated April 22, 1999, the DCA issued a Notice of Intent to find the
Policies Not In Compliance. In an effort to resolve the issues prior to an Administrative Hearing, the County
and the DCA entered into mediation, with the resulting Stipulated Settlement Agreement being accepted by the
Board of County Commissioners on February 22, 2001. This public hearing is necessary for formal adoption of
the agreed amendments to Policies 203.1.3, 204.2.6, and 212.2.3.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Stipulated Settlement Agreement with
the Department of Community Affairs at a regular meeting on February 22, 2001.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
None
BUDGETED: Yes No
X
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH N/A PER YEAR N/A
APPROVED BY:
County Arty ~
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
arry, AICP
DOCUMENTATION: Included X
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
Revised 2/27/01
ORDINANCE No._
AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN, POLICIES 203.1.3, 204.2.6, AND 212.2.3,
REGARDING DEVELOPMENT WITHIN WETLAND AND SHORELINE
SETBACKS.
WHEREAS, on January 13, 1999, the Board of County Commissioners adopted
Ordinance No. 006-1999 amending Comprehensive Plan Policies 202.8.2, 203.1.3, 203.2.1,
203.2.2, 204.2.1, 204.2.2, 204.2.3, 204.2.6, 212.2.3, and 212.5.6 regarding the construction of
docks, the location of mooring sites, dredging, the placement of structures in wetlands, shoreline
stabilization projects, beach renourishment, and development within wetland and shoreline
setbacks; and
WHEREAS, in a letter dated April 22, 1999, the Florida Department of Community
Affairs issued a Statement of Intent and Notice of Intent to find Policies 203.1.3, 204.2.6, and
212.2.3 of that ordinance Not In Compliance with the requirements of Chapter 163, Part II,
Florida Statutes; and
WHEREAS, in a letter dated June 8, 1999, Monroe County requested initiation of
remedial plan action via mediation, settlement agreement, or alternative procedure to resolve the
matter; and
WHEREAS, the Florida Department of Community Affairs and Monroe County entered
into negotiations to resolve the matter, resulting in a Stipulated Settlement Agreement; and
WHEREAS, at a regularly scheduled meeting on February 22, 200 I, the Board approved
the Stipulated Settlement Agreement; and
WHEREAS, this public hearing is necessary for formal adoption of the agreed
amendments to Policies 203.1.3, 204.2.6, and 212.2.3; and
NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Goal 203, Objective 203.1, Policy 203.1.3 of the Policy Document of the Monroe
County Year 2010 Comprehensive Plan is hereby amended to read as follows:
(Deleted language is gtri~kwR, proposed language is underlined.)
Policy 203.1.3
Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be
maintained as an open space buffer for development occurring adjacent to all types of
wetlands iR~h.uHRg maRgrg"Wg except for tidally inundated mangrove fringes and as
provided for in Policy 204.2.2, aAQ 204.2.3, and 204.2.4. If a 50-foot setback results in
less than 2,000 square feet of buillilablw aria principal structure footprint of reasonable
configuration, then the setback may be reduced to tI:Ia miRi.R:lwm Ral;Wgga~' allow for
2,000 square feet ofbwillilablw ~a principal structure footprint of reasonable
configuration, R9"'w"aF, in R9 W"WRt gRail tRw gwtba~k bw provided that the setback is not
reduced to less than ~ twenty-five (25) feet. On properties classified as scarified
adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet,
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without regard to buildable area, if the entire setback area is planted and maintained in
native vegetation with a site-suitable stonnwater management plan in accordance with
County regulations approved by the County Biologist and placed under conservation
easement "Development" shall include all activities as currently defmed in the F.S.
380.05-compliant Land Development Regulations, hereby incorporated by reference.
The effectiveness of this policy shall be reviewed during the Evaluation and Appraisal
Review (EAR) Process.
Section 2. Goal 204, Objective 204.2, 204.2.6 of the Policy Document of the Monroe County
Year 20 I 0 Comprehensive Plan is hereby amended to read as follows:
(Deleted language is stricken, proposed language is underlined)
Policy 204.2.6
T 'pgR aggptigR Qf tAll CgJRpRAllR~hl PlaR, Monroe County shall adopt revised
environmental standards and environmental design criteria which establish minimum
vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for
development occurring adjacent to all types of wetlands illl;lwliiiRg JRaAgrQ'.'IlG except for
tidally inundated mangrove fringes and as provided for in Policy 204.2.2, 204.2.3, and
204.2.4. If a 50-foot setback results in less than 2,000 square feet ofbwilliablll al"n
principal structure footprint of reasonable configuration, then the setback may be reduced
to tAll JRiRiJRWJR RllQil~~ary tQ allow for 2,000 square feet of principal structure footprint
of reasonable configuration, AQ"'t"llr, in RQ it"IlRt ~aall tail GlltbaQk bit provided that the
setback is not reduced to less than ~ twenty-five (25) feet. On properties classified as
scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25)
feet, without regard to buildable area, if the entire setback area is planted and maintained
in native vegetation with a site-suitable stonnwater management plan in accordance with
County regulations approved by the County Biologist and placed under conservation
easement "Development" shall include all activities as currently defined in the F.S.
380.05-compliant Land Development Regulations, hereby incorporated by reference.
The effectiveness of this policy shall be reviewed during the Evaluation and Appraisal
Review (EAR) Process.
Section 3. Goal 212, Objective 212.2, Policy 212.2.3 of the Policy Document of the Monroe
County Year 20 I 0 Comprehensive Plan is hereby amended to read as follows:
(Due to extensive revision of this policy, only the proposed language is presented.)
Policy 212.2.3
Pennitted uses and perfonnance standards within the shoreline setback shall be as follows:
Principal structures shall be set back as follows:
I. Along lawfully altered shorelines including manmade canals, channels, and basins, principal
structures shall be set back at least twenty (20) feet as measured from the mean high water
(MHW) line;
2. Along open water shorelines not adjacent to man made canals, channels, or basins, and which
have been altered by the legal placement of fill:
a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire
shoreline of the property, principal structures shall be set back at least thirty (30) feet as
measured from the mean high water (MHW) line or the landward extent of the
mangroves, whichever is further inland.
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, .
b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30)
feet from the mean high water (MHW) line, provided that native vegetation exists or is
planted and maintained in a ten (10) foot width across the entire shoreline as approved by
the County Biologist, and is placed under conservation easement; otherwise the setback
shall be fifty (50) feet as measured from the mean high water (MHW) line.
c. On infilllots surrounded by significant development where principal structures are set
back less than fifty (50) feet from mean high water (MHW) or the landward extent of
mangroves, the Director of Planning and Environmental Resources may evaluate the
community character, the presence or absence of environmental features, and the
setbacks on adjacent developed properties within two parcels on either side of proposed
development, and may allow principal structures to be set back as far as practicable or in
line with adjacent principal structures. In no event shall the setback be less than twenty
(20) feet. On shorelines where the existing pattern of setback is greater than thirty (30)
feet, the greater setback shall apply.
3. Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty
(50) feet as measured from the mean high water (MHW) line or the landward extent of the
mangroves, whichever is further landward;
Accessory structures within the shoreline setback shall be designed to meet the following criteria:
1. Along altered shorelines, including manmade canals, channels, and basins:
a. In no event shall the total, combined area of all structures occupy more than sixty (60)
percent of the upland area of the shoreline setback;
b. Pools and spas shall be set back a minimum often (10) feet, as measured from the mean
high water (MHW) line;
2. Along open water shorelines which have been altered by the legal placement of fill, and
where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of
the property:
a. In no event shall the total, combined area of all structures occupy more than thirty (30)
percent of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set back a
minimum of fifteen (15) feet, as measured from the mean high water (MHW) line or the
landward extent of the mangroves, whichever is further landward;
3. Along unaltered shorelines:
a. In no event shall the total, combined area of all structures occupy more than thirty (30)
percent of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set back a
minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or
the landward extent of the mangroves, whichever is further landward;
4. Any proposed development within the shoreline setback shall include a site-suitable
storm water management plan for the entire developed parcel which meets the requirements of
the Land Development Regulations;
5. All structures within the shoreline setback shall be located such that the open space ratios for
the entire parcel and all scenic corridors and bufferyards are maintained;
6. Structures shall be located in existing cleared areas before encroaching into native vegetation.
The remaining upland area of the shoreline setback shall be maintained as native vegetation
or landscaped areas that allow infiltration of storm water runoff;
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7. Side yard setbacks must be maintained for all structures in the shoreline setback except for
docks, sea walls, fences, retaining walls, and boat shelters over existing boat ramps;
8. No enclosed structures, other than a dock box of five (5) feet in height or less, shall be
allowed within the shoreline setback. Non-enclosed gazebos must be detached from any
principal structure on the parceL No decks or habitable spaces may be constructed on the
roof of any non-enclosed gazebo in the shoreline setback;
9. Pools, spas, fish cleaning tables, and similar pollutant sources may not discharge directly into
surface waters. Where no runoff control structures are present, berms and vegetation shall be
used to control runoff. Native vegetation shall not be removed to install berms or runoff
control structures;
10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals,
channels, and basins with little or no native vegetation, and shall be located and designed so
as not to create a nonconformity for other structures set back from the new mean high water
(MHW) line created by the boat ramp; and
11. The roof and supporting members of a boat shelter constructed in compliance with Section
9.5-345 of the Land Development Regulations, as amended (hereby incorporated by
reference), may extend two (2) feet into the shoreline setback around the perimeter of a boat
basin or ramp. This area shall be subtracted from the total area allowed for all structures
within the shoreline setback.
12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any
project that may produce changes in circulation patterns shall be approved only after
sufficient hydrographic information is available to allow an accurate evaluation of the
possible impacts of the project. Previously existing manmade alterations shall be evaluated
so as to determine whether more hydrological benefits will accrue through their removal as
part of the project.
13. No development other than pile supported docks and walkways designed to minimize adverse
impacts on marine turtles shall be allowed within fifty (50) feet of any portion of any beach
berm complex which is known to serve as a nesting area for marine turtles:
a. The fifty (50) foot setback shall be measured from either the landward toe of the most
landward beach berm or from fifty (50) feet landward ofMHW, whichever is less. The
maximum total setback will be one hundred (100) feet from MHW.
b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum
horizontal distance of four (4) feet between pilings or other upright members and a
minimum clearance of two (2) feet above grade. The entire structure must be designed to
allow crawling turtles to pass underneath it moving only in a forward direction. Stairs or
ramps with less than the minimum two (2) feet clearance above grade are discouraged. If
built, these portions of the structure shall be enclosed with vertical or horizontal barriers no
more than two (2) inches apart, to prevent the entrapment of crawling turtles.
c. Beaches known to serve as nesting areas for marine turtles are those areas documented as
such on the County's threatened and endangered species maps and any areas for which
nesting or nesting attempts ("crawls") have been otherwise documented. Within mapped
nesting areas, the Director of Planning and Environmental Resources may, in cooperation
with the Florida Department of Environmental Protection, determine that specific segments
of shoreline have been previously, lawfully altered to such a degree that suitable nesting
habitat for marine turtles is no longer present. In such cases, the Director may recommend
Page 4 of6
reasonable measures to restore the nesting habitat. If such measures are not feasible, the
Director will waive the setback requirements of this paragraph. Restoration of suitable
nesting habitat may be required for unlawfully altered beaches.
14. Special Approvals:
a. For structures serving commercial uses, public uses, or more than three dwelling units, the
Planning Commission may approve deviations from the above standards as a major or
minor conditional use. Such approval may include additional structures or uses provided
that such approval is consistent with any permitted uses, densities, and intensities of the
land use district, furthers the purposes of this section, is consistent with the general
standards applicable to all uses, and the proposed structures are located in a disturbed area
of an altered shoreline. Such additional uses are limited to waterfront dining areas,
pedestrian walkways, public monuments or statues, informational kiosks, fuel or septic
facilities, and water-dependent marina uses. Any such development shall make adequate
provision for a water quality monitoring program for a period of five (5) years after the
completion of the development.
b. For structures serving three or fewer dwelling units, the Director of Planning and
Environmental Resources may approve designs that address unique circumstances such as
odd shaped lots, even if such designs are inconsistent with the above standards. Such
approval may be granted only upon the Director's written concurrence with the applicant's
written finding that the proposed design furthers the purpose of this section and the goals
of the Monroe County Comprehensive Plan. Only the minimum possible deviation from
the above standards will be allowed in order to address the unique circumstances. No such
special approval will be available for after-the-fact permits submitted to remedy a Code
Enforcement violation.
c. All structures lawfully existing within the shoreline setback along manmade canals,
channels, or basins, or serving three or fewer dwelling units on any shoreline, may be
rebuilt in the same footprint provided that there will be no adverse impacts on storm water
runoff or navigation.
d. Docks or docking facilities lawfully existing along the shoreline of manmade
canals, channels, or basins, or serving three or fewer dwelling units on any
shoreline, may be expanded or extended beyond the size limitations contained in
this section in order reach the water depths specified for docking facilities in
Policy 212.5.2. Any dock or docking facility so enlarged must comply with
each and every other requirement of this Policy and Section 9.5-345 of the Land
Development Regulations, as amended (hereby incorporated by reference).
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Florida Department of
Community Affairs or Administration Commission finding the amendments in compliance with
Chapters 163 and 380 of the Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the _ day of , 20_
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MA YORlCHAIRMAN
(SEAL)
DEPUTY CLERK
ATTEST: DANNY L. KOLHAGE, CLERK
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