Item S4
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
May 18, 2022
Agenda Item Number: S.4
Agenda Item Summary #10592
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2500
1:30 pm PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution
Transmitting to the State Land Planning Agency an Ordinance Adopting Amendments to 2030
Monroe County Comprehensive Plan Policy 101.5.32 to Amend the Height Limit to 40-Feet, After
the Adoption and On the Effective Date of Updated FEMA Flood Insurance Rate Maps (FIRMs), for
Lawfully Established Existing Residential Buildings Which Do Not Exceed the 35-Foot height Limit
and New Residential Buildings (Including Substantial Improvements), In Order For These Buildings
to Elevate To or Maintain the Required Elevation Based on the Florida Building Code and Updated
FEMA FIRMs.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department is proposing amendments
to Policy 101.5.32 in order to
further facilitate the protection of property from flooding and reduce flood insurance costs.
The proposed amendment to CP Policy 101.5.32 is to amend the height limit to 40-feet for lawfully
established existing residential buildings which do not exceed the 35-foot height limit and new
residential buildings (includes substantial improvements) in order for these buildings to elevate to or
maintain the required elevation based on the Florida Building Code and updated FEMA Flood
Insurance Rate Maps.
The height limit changes would be based on and triggered by the adoption and effective date of
updated FEMA Flood Insurance Rate Maps. Updated FEMA Flood Insurance Rate Maps
are the maps adopted subsequent to FEMA Flood Insurance study and the accompanying Flood
Insurance Rate Maps, dated February 18, 2005 (i.e., the current FIRMs).
This amendment is proposed to address:
1. The vertical datum conversions from the National Geodetic Vertical Datum of 1929
(NGVD29) to the North American Vertical Datum of 1988 (NAVD88) with the
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updated FEMA Flood Insurance Rate Maps. While there is no set conversion factor, as it
varies throughout Monroe County, on average there is -1.5 foot conversion.
2. The potential for flood zone changes and base flood elevation changes within theupdated
FEMA Flood Insurance Rate Maps.
The County is also proposing the following connected amendments, which will be presented to the
BOCC at a later date:
Update Land Development Code Chapter 122 to be consistent with the State of Florida
(DEM) Model Floodplain Management Ordinance, include updated FEMA policies,
explicitly to rely on the flood provisions in the Florida Building Code and to eliminate
obsolete or unnecessary regulations.
o Amendments does not include any updated FIRM maps. Maintains the 2005
FIRMs.
o Amendments to Land Development Code Chapter 122 are critical for DEM to
National
NFIP
CRS verification.
Update Code of Ordinances Chapter 6 to be consistent with the Florida Building Code
and adopt amendments for local higher floodplain standards, including:
o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for
example: 299- downstairs enclosure limitation and foundation
requirements (anchoring to rock).
o Including technical amendments to the Florida Building Code for additional local
higher floodplain standards (for example, elevation certificate requirements).
o Amendments to Code of Ordinances Chapter 6 are critical for DEM to deem the
s
Amend the Comprehensive Plan and Land Development Code to provide for an increase
to the maximum height of residential buildings, which would be available on the adoption
and effective date of updated FEMA Flood Insurance Rate Maps.
o The County is considering a maximum height limit of 40 feet (up to a maximum
of five (5) feet above the 35-foot height limit) in order to elevate to or maintain
the required elevation based on the Florida Building Code. Revisions shall not
result in a new building or a substantially improved building or a lawfully existing
building to exceed a maximum height of 40 feet.
o Amendment intended to address additional difference in elevation due to a change
in the updated FIRMs requiring the use of North American Vertical Datum of
1988 or NAVD88 (on average there is -1.5 foot conversion), potential increased
base flood elevation requirements with the updated FIRM maps, and changes in
construction requirements based on revised base flood elevations.
Amend Land Development Code Chapter 138 to require applicants to submit plan
revisions to prior to permit issuance, demonstrating full compliance with the current
Florida Building Code and the updated FIRM maps, for permits requiring an
ROGO/NROGO allocation.
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o Establishing that all applications in or entering into the ROGO system on or after
the effective date of the updated FIRMs, shall have the application scores
reevaluated and updated based on the updated FIRMs.
_____________________________
The subject of this agenda item is the proposed amendment to Monroe County Comprehensive
Plan Policy 101.5.32 to amend the height limit to 40-feet for lawfully established existing
residential buildings which do not exceed the 35-foot height limit and new residential buildings
(includes substantial improvements) in order for these buildings to elevate to or maintain the
required elevation based on the Florida Building Code. The amendment is based on and will be
triggered by the adoption and effective date of updated FEMA Flood Insurance Rate Maps.
Updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to FEMA Flood
Insurance study and the accompanying Flood Insurance Rate Maps, dated February 18, 2005
(current FIRMs).
The amendment is proposed to address:
1. The vertical datum conversions from the National Geodetic Vertical Datum of
1929 (NGVD29) to the North American Vertical Datum of 1988 (NAVD88)
with the updated FEMA Flood Insurance Rate Maps. While there is no set
conversion factor, as it varies throughout Monroe County, on average there is -1.5
foot conversion.
2. The potential for flood zone changes and base flood elevation changeswithin
the updated FEMA Flood Insurance Rate Maps, including the new boundary for
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the Limit of Moderate Wave Action (LiMWA) with the requirement that
properties within the boundary be built to VE Zone construction standards.
Examples: Note, LIMWA = black-and-white hashed line with triangles
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____________________________
On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 hurricane
with flooding including but not limited to hurricane-related storm surge and maximum sustained
hurricane-force winds of 130 miles-per-hour occurred in various neighborhoods. Hurricane Irma
caused significant damage throughout the Florida Keys, particularly to structures built prior to the
upgraded, operative Florida Building Code adopted after Hurricane Andrew, to non-elevated
structures and to mobile homes.
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To provide additional protection to residents that reside in mobile homes in flood hazard areas,
reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County
already adopted an amendment to eliminate the ability for a mobile home to be placed at an
elevation below base flood elevation.
Further, the County has embarked on proactively assisting property owners with voluntary
elevations through FEMA funded grant programs. Property owners may self-fund improvements to
their homes to elevate above base flood levels and there may be additional funding opportunities
with the County participating in several grant programs to provide for the mitigation of flood risks,
such as:
FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk
of flood damage
Rebuild Florida Program to demolition/demolish, repair, reconstruct and elevate primary homes
When participating in some of these grant programs for elevation projects, the Florida Division of
is encouraging at least three feet above Base Flood Elevation
(a 3-foot freeboard for residential buildings and structures). The grant scope of work
elevation, further facilitates reducing the risk of future damage, hardship, loss, or flood damage
within the community.
_____________________________
HEIGHT: In unincorporated Monroe County, height and grade are defined as follows:
HEIGHT means the vertical distance between grade and the highest part of any structure,
including mechanical equipment, but excluding the following: 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. However, in no event shall
any of the exclusions enumerated in this definition be construed to permit any habitable or usable
space to exceed the applicable height limitations. In the case of airport districts, the height
limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply.
GRADE means the highest natural elevation of the ground surface, prior to construction, next to the
proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
structure, whichever is higher. To confirm the natural elevation of the ground surface, prior to
construction, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for Monroe
County prepared in 2007 and other best available data, including, but not limited to, pre-
construction boundary surveys with elevations, pre-construction topographic surveys, elevation
certificates and/or other optical remote sensing data.
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_____________________________
Note, the Florida Legislature adopted Chapter 2021-201, Laws of Florida (HB 401), which became
effective on July 1, 2021. This law amended Section 163.3202(5)(a), F.S., specifying that certain
land development regulations relating to building design elements may not be applied to a single-
family or two-uilding color;
the type or style of exterior cladding material; the style or material of roof structures or porches; the
exterior nonstructural architectural ornamentation; the location or architectural styling of windows or
doors; the location or orientation of the garage; the number and type of rooms; and the interior
layout of rooms. The term does not include the height, bulk, orientation, or location of a dwelling on
a zoning lot; or the use of buffering or screening to minimize potential adverse physical or visual
impacts or to protect the privacy of neighbors.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2,
2021, at 5:05 P.M., to provide for public input. There were six (6) attendees and five (5) County
professional staff members. In general, the comments provided for the proposed amendment, are
summarized below:
Question regarding substantial improvements and the scenario/types of improvements
that required elevation to the new design flood.
Concerns regarding requiring 3-ft. of freeboard and this requiring a substantial number of
properties to be reviewed for substantial improvement/substantial damage concerns.
Question of how the 35% insurance discount, derived from CRS participation, is applied.
Question regarding the establishment of buoyancy calculation requirements for
swimming pools (note, this is not related to any proposed amendment).
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Question regarding the 299-ft. enclosure limit requirement.
A supplemental Community Meeting was held on January 20, 2022, at 3:00 P.M., to provide for
public input. There were six (6) attendees and 10 County professional staff members. In general, the
comments provided for the proposed amendment, are summarized below:
Question regarding swimming pool designs under houses (note, this is not related to any
proposed amendment).
Question regarding fill in a V-zone (i.e., Velocity Zone) and about shoreline protection
features and altering shorelines in a V-zone.
A second supplemental Community Meeting was held on February 3, 2022, at 5:05 P.M., to provide
for public input. There were four (4) attendees and five (5) County professional staff members. In
general, the comments provided for the proposed amendment, are summarized below:
Comments regarding maintaining the 299-ft. enclosure limit requirement.
Comments regarding at-grade pool requirements (note, this is not related to any proposed
amendment).
Monroe County Development Review Committee and Public Input
On February 22, 2022, the Development Review Committee (DRC) held a virtual meeting to
review the proposed amendments and receive public input.
Monroe County Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on March 23,
2022, provided for public input and recommended approval.
PREVIOUS RELEVANT BOCC ACTION:
On September 27, 2017, the Board of County Commissioners adopted Ordinance No.
016-2017, amending Monroe County Comprehensive Plan Policy 101.5.30 to include the definition
of height; and creating Policies 101.5.32 and 101.5.33 to provide certain exceptions to the height
limit in order to protect property from flooding and reduce flood insurance costs by establishing
standards when a structure can elevate above FEMA base flood elevation (BFE) and including a
maximum height limit (40-ft. for lawfully existing buildings to voluntarily elevate up to three (3)
feet above FEMA BFE and 38-ft. for new (new construction or substantially improved) buildings to
voluntarily elevate up to three (3) feet above FEMA BFE).
On September 27, 2017, the BOCC adopted Ordinance No. 017-2017, amending Monroe County
Land Development Code Section 101-1 to create definitions related to flood protection height
exceptions; and amending Section 131-2 to provide certain exceptions to the height limit in order to
protect property from flooding and reduce flood insurance costs by establishing standards when a
structure can elevate above FEMA base flood elevation (BFE) and including a maximum height
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limit (40-ft. for lawfully existing buildings to voluntarily elevate up to three (3) feet above FEMA
BFE and 38-ft. for new (new construction or substantially improved) buildings to voluntarily elevate
up to three (3) feet above FEMA BFE).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Transmittal_Resolution
Exhibit A to Resolution_Ordinance
Professional Staff Report - 2019-095_SR_CP_Height 40ft Flood_BOCC
Height_Ex. 1_Ord. No. 016-2017 (CP Flood height exceptions)
Height_Ex. 2_FEMA 758 Substantial Improvement_Substantial Damage Desk Reference 2010
Height_Ex. 3_Ch 2021-201 LOF_HB 401
Height_Ex. 4_ Marathon ORD 2019-12 Marathon height
Height_Ex. 5_Key West_Sec._122_1149.___Height flood exception
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 05/02/2022 5:38 PM
Peter Morris Completed 05/03/2022 2:45 PM
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Purchasing Completed 05/03/2022 2:50 PM
Budget and Finance Completed 05/03/2022 2:58 PM
Brian Bradley Completed 05/03/2022 3:18 PM
Lindsey Ballard Completed 05/03/2022 4:25 PM
Board of County Commissioners Pending 05/18/2022 9:00 AM
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1
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6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. ____ - 2022
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
12 AGENCY AN ORDINANCE BY MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030
14 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.32 TO
15 AMEND THE HEIGHT LIMIT TO 40FT, AFTER THE ADOPTION AND
16 ON THE EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE
17 RATE MAPS, FOR LAWFULLY ESTABLISHED EXISTING
18 RESIDENTIAL BUILDINGS WHICH DO NOT EXCEED THE 35-FOOT
19 HEIGHT LIMIT AND NEW RESIDENTIAL BUILDINGS (INCLUDES
20 SUBSTANTIAL IMPROVEMENTS) IN ORDER FOR THESE BUILDINGS
21 TO ELEVATE TO OR MAINTAIN THE REQUIRED ELEVATION BASED
22 ON THE FLORIDA BUILDING CODE AND UPDATED FEMA FLOOD
23 INSURANCE RATE MAPS; PROVIDING FOR SEVERABILITY;
24 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
25 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
26 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
27 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
28 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
29 ______________________________________________________________________________
30
31 WHEREAS, the Monroe County Board of County Commissioners conducted a public
32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
33 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
34 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
35 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
36 Year 2030 Comprehensive Plan as described above; and
37
38 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
39 County Commissioners support the requested text amendment;
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40
41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
44 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
45 Planning Commission to transmit the draft ordinance, attached as Exhibit A., for
46 adoption of the proposed text amendment.
47
Resolution No. - 2022 Page 1 of 2
File 2019-095
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48 Section 2.The Board of County Commissioners does hereby transmit the proposed
49 amendment to the State Land Planning Agency for review and comment in
50 accordance with the State Coordinated Review process pursuant to Section
51 163.3184(4), Florida Statutes.
52
53 Section 3.The Monroe County staff is given authority to prepare and submit the required
54 transmittal letter and supporting documents for the proposed amendment in
55 accordance with the requirements of Section 163.3184(4), Florida Statutes.
56
57 Section 4.The Clerk of the Board is hereby directed to forward a certified copy of this
58 resolution to the Director of Planning.
59
60 PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County,
61 Florida, at a regular meeting held on the___________ day of May,2022.
62
63 MayorDavid Rice__________
64 Mayor Pro TemCraig Cates__________
65 CommissionerMichelle Coldiron__________
66 CommissionerJames Scholl__________
67 CommissionerHolly Merrill Raschein__________
68
69 BOARD OF COUNTY COMMISSIONERS
70 OF MONROE COUNTY, FLORIDA
71
72 By:______________________________
73 Mayor David Rice
74
75
5/3/22
76
77(SEAL)
78
79 ATTEST: KEVIN MADOK, CLERK
80
81____________________________________
82 AS DEPUTY CLERK
83
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Resolution No. -2022Page 2of 2
File 2019-095
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1
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3
4
5MONROE COUNTY, FLORIDA
6MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8ORDINANCE NO. -2022
9
10AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE
12COUNTY COMPREHENSIVE PLAN POLICY 101.5.32 TO AMEND THE
13HEIGHT LIMIT TO 40FT, AFTER THE ADOPTION AND ON THE
14EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE
15MAPS, FOR LAWFULLY ESTABLISHED EXISTING RESIDENTIAL
16BUILDINGS WHICH DO NOT EXCEED THE 35-FOOT HEIGHT LIMIT
17AND NEW RESIDENTIAL BUILDINGS (INCLUDES SUBSTANTIAL
18IMPROVEMENTS) IN ORDER FOR THESE BUILDINGS TO ELEVATE
19TO OR MAINTAIN THE REQUIRED ELEVATION BASED ON THE
20FLORIDA BUILDING CODE AND UPDATED FEMA FLOOD
21INSURANCE RATE MAPS; PROVIDING FOR SEVERABILITY;
22PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
23PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
24AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
25AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
26COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
27(2019-095)
28_____________________________________________________________________________________
29
30WHEREAS, Monroe County policies and regulations adopted in the Monroe County
31Comprehensive Plan and Land Development Code are to maintain public health, safety, and
32welfare of the citizens of the Florida Keys and to strengthen our local government capability to
33manage land use and development; and
34
35 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
36Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
37health, safety, and welfare of
38
39 WHEREAS, the Federal Emergency Management Agency has identified special flood
40hazard areas within the boundaries of unincorporated Monroe County and such areas may be
41subject to periodic inundation which may result in loss of life and property, health and safety
42hazards, disruption of commerce and governmental services, extraordinary public expenditures for
43flood protection and relief, and impairment of the tax base, all of which adversely affect the public
44health, safety and general welfare, and
45
46 WHEREAS, the Monroe County was accepted for participation in the National Flood
47Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
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1desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
2and 60, necessary for such participation; and
3
4 WHEREAS, the National Flood Insurance Program (NFIP) is a federally-subsidized flood
5damage insurance program administered by the Federal Emergency Management Agency (FEMA)
6enabling property owners in participating communities to purchase flood insurance in exchange
7for the community's adoption of floodplain management regulations to reduce future flood
8damages; and
9
10 WHEREAS, the participating communities floodplain management regulations must meet
11or exceed the minimum administrative and technical requirements in the NFIP regulations (44
12CFR Part 59 and Part 60); and
13
14 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate
15Maps (FIRMs) and a Flood Insurance Study (FIS) report for Monroe County, FL; and
16
17 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMs and
18Flood Insurance Study on June 11, 2021; and
19
20 WHEREAS, once FEMA reviews and processes all appeals, the agency will issue a Letter
21of Final Determination (LFD) and publish the final FIRMS; and
22
23 WHEREAS, Monroe County is proposing amendments to Policy 101.5.32 to increase the
24height limit in order to further facilitate the protection of property from flooding, reduce or avoid
25future flood losses, reduce the costs of post flood damage repairs, facilitate recovery after flooding
26events and reduce flood insurance costs; and
27
28 WHEREAS, the amendment is based on and will be triggered by the adoption and
29effective date of updated FEMA Flood Insurance Rate Maps; which are the updated FEMA FIRMs
30adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMs, dated
31February 18, 2005 (current FIRMs); and
32
33 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
34considered the proposed amendments at a regularly scheduled meeting held on ____________;
35and
36
37WHEREAS, on ____________, the Monroe County Planning Commission held a public
38hearing for the purpose of considering the proposed amendment and provided for public comment;
39and
40
41WHEREAS, the Monroe County Planning Commission adopted Resolution No. ______
42recommending _______________ ; and
43
44WHEREAS, on _______________, the Monroe County Board of County Commissioners
45held a public hearing, considered the staff report, and provided for public comment and public
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1participation in accordance with the requirements of state law and the procedures adopted for
2public participation in the planning process; and
3
4WHEREAS, at the _______________, public hearing, the BOCC voted to transmit the
5proposed amendments to DEO to review the proposal; and
6
7WHEREAS, at the ______________, public hearing, the BOCC adopted Resolution
8________, transmitting the proposed text amendment to the State Land Planning Agency; and
9
10WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
11Objections, Recommendations and Comments (ORC) report, received by the County on
12__________________; and
13
14WHEREAS, the ORC report stated,
15_________________________________________;
16
17WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
18proposed amendment, adopt the amendment with changes or not adopt the amendment; and
19
20WHEREAS, on _________________, the BOCC held a public hearing to consider
21adoption of the proposed Comprehensive Plan text amendment; and
22
23WHEREAS, based upon the documentation submitted and information provided in the
24accompanying staff report, the Monroe County Board of County Commissioners makes the
25following Conclusions of Law:
261. The proposed amendment is consistent with the Goals, Objectives and Policies of the
272030 Monroe County Comprehensive Plan; and
282. The proposed amendment is consistent with the Principles for Guiding Development for
29the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
303. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
31
32!NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
36statements of legislative intent are true and correct and are hereby incorporated as if fully stated
37herein.
38
39Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as shown
40and stated herein.. Proposed Amendments are shown with deletions stricken through and additions
41are underlined.
42
43Policy 101.5.32
44Within 1 year of the effective date of this policy, Monroe County shall maintain adopt Land
45Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30
46to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm
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1surge and other hazards; protect property from flooding and minimize damages; minimize public
2and private losses due to flooding; minimize future expenditures of public funds for flood control
3projects and for recovery from flood events; and mitigate rising flood insurance premiums.
4
5A Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height
6limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three
7(3) feet above FEMA base flood elevation; and a flood protection height exception of a maximum
8of three (3) feet above the 35-foot height limit shall be provided to allow new (new construction
9or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base
10flood elevation. These exceptions are in order to promote flood protection, minimize flood
11damage, reduce flood insurance premiums and minimize future expenditures of public funds for
12recovery from flood events. In no case shall a Flood Protection Height Exception result in a new
13building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a
14maximum height of 40 feet. ( Ord. No. 016-2017 , § 1, 9-27-2017)
15
16After the adoption and on the effective date of updated FEMA Flood Insurance Rate Maps
17(FIRMs), lawfully established existing residential buildings which do not exceed the 35-foot height
18limit and new residential buildings (includes substantial improvements) located within the Special
19Flood Hazard Area shall have a maximum height limit of 40 feet in order to elevate to or maintain
20the required elevation based on the Florida Building Code, as specified in R322.2.1 and R322.3.2
21(elevation requirements).
22
23Additions to lawfully established existing residential buildings within the Special Flood Hazard
24Area that are substantial improvements shall have a maximum height limit of 40 feet in order to
25elevate the addition to the Florida Building Code required flood elevation.
26
27Additions to lawfully established existing residential buildings within the Special Flood Hazard
28Area that are not substantial improvements shall have a maximum height limit of 40 feet, if the
29addition meets the Florida Building Code flood elevation requirements in R322.2.1 and R322.3.2,
30the remaining lawfully established existing building shall not receive the flood height exception
31of 40 feet.
32
33Any portion of the building within the Special Flood Hazard Area that meets the required flood
34elevation of the updated FEMA FIRMs shall be given a height limit of 40 feet. In no case shall
35this height limit for flood protection result in a new residential building or a lawfully existing
36residential building exceeding a maximum height of 40 feet.
37
38Updated FEMA FIRMs are the maps adopted subsequent to FEMA Flood Insurance study and the
39accompanying Flood Insurance Rate Maps, dated February 18, 2005.
40
41
42Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
43provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
44such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
45the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
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1provision immediately involved in the controversy in which such judgment or decree shall be
2rendered.
3
4Section 4. Conflicting Provisions.All ordinances or parts of ordinances in conflict with
5this ordinance are hereby repealed to the extent of said conflict.
6
7Section 5. Transmittal.This ordinance shall be transmitted to the Florida State Land
8Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
9
10Section 6. Filing.This ordinance shall be filed in the Office of the Secretary of the State
11of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
12or Administration Commission finding the amendment in compliance with Chapter 163, Florida
13Statutes and after any applicable challenges have been resolved.
14
15Section 7. Inclusion in the Monroe County Comprehensive Plan. The amendments shall
16be incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
17amendment may be renumbered to conform to the numbering in the Monroe County
18Comprehensive Plan.
19
20Section 8. Effective Date. This ordinance shall become as provided by law and stated
21above.
22
23PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County,
24Florida, at a regular meeting held on ___________________, 2022.
25
26Mayor__________
27Mayor Pro Tem__________
28Commissioner__________
29Commissioner__________
30Commissioner__________
31
32BOARD OF COUNTY COMMISSIONERS
33OF MONROE COUNTY, FLORIDA
34
35BY______________________________
36MAYOR
37
38
39(SEAL)
40
41ATTEST: KEVIN MADOK, CLERK
5/3/22
42____________________________________
43AS DEPUTY CLERK
44
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1
2
3
4
5 MEMORANDUM
6 M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12 Date: May 2, 2022
13
14 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
15 COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE
16 COUNTY COMPREHENSIVE PLAN POLICY 101.5.32 TO AMEND THE
17 HEIGHT LIMIT TO 40FT, AFTER THE ADOPTION AND ON THE
18 EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE MAPS,
19 FOR LAWFULLY ESTABLISHED EXISTING RESIDENTIAL BUILDINGS
20 WHICH DO NOT EXCEED THE 35-FOOT HEIGHT LIMIT AND NEW
21 RESIDENTIAL BUILDINGS (INCLUDES SUBSTANTIAL IMPROVEMENTS)
22 IN ORDER FOR THESE BUILDINGS TO ELEVATE TO OR MAINTAIN THE
23 REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODE AND
24 UPDATED FEMA FLOOD INSURANCE RATE MAPS; PROVIDING FOR
25 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
26 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
27 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
28 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
29 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
30
31 Meeting: May 18, 2022
32
33 I.!REQUEST
34
35 The Monroe County Planning & Environmental Resources Department is proposing amendments to
36 Policy 101.5.32 in order to further facilitate the protection of property from flooding and reduce flood
37 insurance costs.
38 The proposed amendment to Monroe County Comprehensive Plan Policy 101.5.32 is to amend the height
39 limit to 40ft for lawfully established existing residential buildings which do not exceed the 35-foot height
40 limit and new residential buildings (includes substantial improvements) in order for these buildings to
41 elevate to or maintain the required elevation based on the Florida Building Code and updated FEMA
42 Flood Insurance Rate Maps.
43
44 The height limit changes would be based on and triggered by the adoption and effective date of updated
45 FEMA Flood Insurance Rate Maps. Updated FEMA Flood Insurance Rate Maps are the maps adopted
46 subsequent to FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps, dated
47 February 18, 2005 (current FIRMs).
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1
2 The amendment is proposed to address:
3 1. The vertical datum conversions from the National Geodetic Vertical Datum of 1929 (NGVD29)
4 to the North American Vertical Datum of 1988 (NAVD88) with the updated FEMA Flood
5 Insurance Rate Maps. While there is no set conversion factor, as it varies throughout Monroe
6 County, on average there is -1.5 foot conversion.
7 2. The potential for flood zone changes and base flood elevation changes within the updated FEMA
8 Flood Insurance Rate Maps.
9
10 II. BACKGROUND INFORMATION
11
12 The National Flood Insurance Program (NFIP) is a federally-subsidized flood damage insurance
13 program administered by the Federal Emergency Management Agency (FEMA). Residents and business
14 owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate
15 development in special flood hazard areas. These special flood hazard areas are delineated by FEMA on
16 Flood Insurance Rate Maps.
17
18 The NFIP makes federally-backed flood insurance available in those states and communities that agree
19 to adopt and enforce floodplain management ordinances to reduce future flood damage. These
20 regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
21 regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical assistance
22 and training on NFIP requirements and mitigation measures. FEMA also has extensive publications on
23 the NFIP, including detailed guidance on mitigation measures that can minimize or eliminate future
24 flood damages.
25
26 Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting
27 in a more resilient community. Per FEMA, meeting NFIP requirements is the most cost-effective way to
28 reduce the flood risk to new buildings and infrastructure. FEMA provides tools and resources to help
29 navigate NFIP requirements and implement higher standards of floodplain management.
30
31 Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
32 and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
33 requirements apply to areas mapped as Special Flood Hazard Areas (SFHA) on Flood Insurance Rate
34 Maps (FIRMs) issued by FEMA. The SFHA is the area that would be flooded by the "base flood"
35 (defined as the flood that has a 1 percent chance of occurring in any given year; also known as the "100-
36 year flood").
37
38 The NFIP requirements include, but are not limited to:
39 Elevation of new and substantially improved residential structures above the base flood level.
40 Elevation or dry floodproofing (made watertight) of new or substantially improved non-
41 residential structures.
42 Prohibition of development in floodways, the central portion of a riverine floodplain needed to
43 carry deeper and faster moving water.
44 Additional requirements to protect buildings in coastal areas from the impacts of waves, high
45 velocity, and storm surge.
46
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1 FIRMs inform communities about the local flood risk and set minimum floodplain standards for
2 communities to build with safety and resiliency in mind. FIRMs also currently determine the cost of
3 flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
4 change to reflect those risks, but property owners may be able to reduce premiums if they build their
5 home or business to be safer, higher, and stronger.
6
7 As a note, FEMA is updating the NFIP's risk rating methodology through the implementation of a new pricing
8 methodology called Risk Rating 2.0.
9 incorporates variabl
10 such as storm surge, coastal erosion, and heavy rainfall and the distance to a water source along with property
11 characteristics, such as elevation and the cost to rebuild. Communities will continue to earn NFIP rate discounts
12 of 5% - 45% based on the Community Rating System classification, including Monroe County (35% discount);
13 however, since Risk Rating 2.0 does not use flood zones to determine flood risk, the discount will be uniformly
14 applied to all policies throughout the participating community, regardless of whether the structure is inside or
15 outside of the Special Flood Hazard Area.
16 _________________
17
18 The Florida Division of Emergency Management (DEM) serves as the State Coordinating Agency of the
19 NFIP to work with Florida's municipalities and counties to administer their local flood damage reduction
20 regulations. The State Floodplain Management Program works to promote and ensure sound land use
21 development in floodplain areas in order to promote the health and safety of the public, minimize loss
22 of life and property, and reduce economic losses caused by flood damages.
23
24 The State Floodplain Management Office is a unit in the Florida DEM, Bureau of Mitigation. Floodplain
25 Management Specialists work with Florida's communities to help them successfully manage
26 development in flood zones. The State Floodplain Management Office provides/offers technical
27 assistance to improve administration of local floodplain management ordinances and the flood
28 provisions of the Florida Building Code and to monitor community performance to ensure compliance
29 with the NFIP development regulations in Special Flood Hazard Areas.
30
31 The State Floodplain Management Office also coordinates and collaborates on the following activities:
32 Map Modernization and FEMA Risk MAP priorities
33 Integration of flood-resistant standards into the Florida Building Code
34 Coordination with Federal flood mitigation grant programs
35 Integration of floodplain management concepts and tasks into multi-jurisdictional local
36 mitigation strategies developed by counties and municipalities
37 Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning process
38 Consultation with State agencies on state-owned facilities in special flood hazard areas
39 Training of local floodplain managers and building officials, in partnership with the Florida
40 Floodplain Managers Association (FFMA)
41 Coordination with the Florida Dam Safety Program
42 Partnerships with federal, state and local organizations pertinent to floodplain management
43
44
45 In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance
46 for communities, written explicitly to rely on the flood provisions in the Florida Building Code. FEMA
47 approved the Model Floodplain Management Ordinance in 2013.
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48
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1 Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the
2 minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
3 local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
4 requirements.
5
6
7 to the Model Floodplain Management Ordinance, providing assistance, to tailor the model as
8 appropriate for each community. At this time, 10 communities, including Monroe County, are still
9 preparing the required amendments to their existing regulations.
10
11 Amendm
12 Model Floodplain
13 Management Ordinance and to continue to fulfill the NFIP requirements. Additionally, the update will
14 allow the County to continue to meet and improve the requirements and activities of the Community
15 Rating System.
16
17 ____________________
18
19 The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages
20 communities to establish sound programs that recognize and encourage floodplain management
21 activities that exceed the minimum NFIP requirements. By conducting mitigation and outreach activities
22 that increase safety and resilience, including CRS credits for regulating to higher standards, communities
23 can earn credits and discounts (up to 45 percent within the Special Flood Hazard Area) on flood insurance
24 premiums for property owners.
25
26 In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk
27
28 1. Reduce and avoid flood damage to insurable property
29 2. Strengthen and support the insurance aspects of the National Flood Insurance Program
30 3. Foster comprehensive floodplain management
31
32 A community accrues points to improve its CRS Class rating and receive increasingly higher discounts.
33
34 The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance
35 premium reductions for residents. CRS Classes are rated from 9 to 1. Today, most communities enter
36 the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas
37 (SFHAs) to a 5% discount on their flood insurance premiums for a Class 9 or a 10% discount for Class
38 8. As a community engages in additional mitigation activities, its residents become eligible for increased
39 NFIP policy premium discounts. Each CRS Class improvement produces a 5% greater discount on flood
40 insurance premiums for properties in the SFHA. CRS Class changes occur on April 1 and October 1 of
41 each year.
42
43 Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood
44 insurance premium and in April 2022, will increase annual savings for 14,400 policyholders in
45 unincorporated Monroe County to $7.5 million dollars annually. This is an annual average savings per
46 policyholder of $522. Cumulatively to date, Monroe County has saved policyholders over $24 million.
47
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1
2
3 Class 5 or better communities go through the full verification process every 3 years, and Monroe
4 FEMA CRS
5 contractor (ISO/Verisk) rely on DEM to advise whether local regulations are compliant. It is critical for
6
7
8 ____________________
9
10 FEMA Flood Maps
11
12 On December 27, 2019, FEMA issued Preliminary Flood Insurance Rate Maps (FIRMs) and a Flood
13 Insurance Study (FIS) report for Monroe County, FL. The preliminary FIRMs were released after a
14 multi- based on 30-
15 plus-year-old studies.
16
17 The Preliminary FIRMs can be viewed here: https://www.monroecounty-fl.gov/1151/New-Preliminary-
18 Coastal-Flood-Maps.
19
20 Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMs) are used to determine the
21 minimum elevation needed for construction to reduce the chances of flooding, as well as construction
22 methods required in certain zones.
23
24 The County hired a consultant, Woods Hole Group, to analyze how flood risks are changing in
25 Unincorporated Monroe County based on the FEMA provided studies using updated information and
26 the best available science and technology.
27
28 During the week of January 27, 2020, FEMA held community meetings throughout the Florida Keys,
29 offering the public an opportunity to view and comment on the proposed preliminary FIRMs. Following
30 this, Monroe County, through its consultant, examined the maps and the accompanying Flood Insurance
31 Studies.
32
33 The cons
34
35 Risk Map study:
36 1) Storm Climatology and Selection for Florida Keys,
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37 2) Statistical Analysis of Storm Sets, Low-Frequency Water Levels and Waves,
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1 3) Wave Model Validation,
2 4) Hydrodynamic/Wave Model Mesh Resolution,
3 5) Hydrodynamic/Wave Model Parameterization of Reefs, and
4 6) Number and Location of Coastal Transects.
5
6 These areas of concern were identified because of (a) the use of a non-standard approach, (b)
7 inconsistencies in methodology with other FEMA Coastal Risk Map studies, (c) discrepancies between
8 errors made in the analysis.
9
10 https://www.monroecounty-fl.gov/1151/New-
11 Preliminary-Coastal-Flood-Maps.
12
13 FEMA issued the required notices in the Federal Register and local newspapers for the FIRMs and a
14 Flood Insurance Study (FIS) report for Monroe County, Florida. The 90-day appeal period for Monroe
15 County commenced on March 19, 2021 and ended on June 17, 2021.
16
17 Monroe County submitted its appeal of the preliminary FEMA Flood Insurance Rate Maps and Flood
18 Insurance Study on June 11, 2021. The appeal is ongoing.
19
20 Once FEMA reviews and processes all appeals, the agency will issue a Letter of Final Determination
21 (LFD) and publish the final FIRMS. The County anticipates the appeal process may take until December
22 2022 to complete and, if necessary, the Scientific Resolution Panel may process may take until 2024 to
23 complete.
24
25
26 The County anticipates the Final FIRMs will most likely become effective sometime in 2022-2024.
27 When FEMA issues a Letter of Final Determination (LFD), which is a letter to the County that the
28 updated FIRM will become effective in 6 months, the County must formally adopt the FIRMs and
29 must adopt a compliant floodplain management ordinance by the map effective date to remain a
30 participant in good standing in the NFIP.
31
32 Along with the adoption of the Final FIRMs, the County will need make updates to both the
33 Comprehensive Plan and Land Development Code and Code or Ordinances to adopt and implement the
34 maps and ensure compliance with the DEM Model Floodplain Ordinance. The County must begin
35 processing County amendments to the Comprehensive Plan and Land Development Code in
36 advance, due to the Coun
37 State review and approval process for Areas of Critical State Concerns, to meet the 6-month
38 deadline.
39
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1 Additionally, when the Final FIRMs are effective, the County will use the FIRMs to review building
2 permits; establish what a finished floor elevation needs to be and determine building and site design
3 requirements to reduce future risk of flooding. New lender requirements may go into effect along with
4 flood insurance requirements, as well as changes in flood insurance rates as a result of map changes.
5
6
7 do not
8 FIS and/or FIRMs when FEMA issues the Final effective products. The County will have to take
9 legislative action when the LFD is issued to formally adopt the FIRMs, FIS and any necessary
10 amendments to ensure a compliant floodplain management ordinance.
11
12 In summary, the County is proposing the following connected amendments:
13
14 Update Land Development Code Chapter 122 to be consistent with the State of Florida (DEM)
15 Model Floodplain Management Ordinance, include updated FEMA policies, explicitly to rely on
16 the flood provisions in the Florida Building Code and to eliminate obsolete or unnecessary
17 regulations.
18 o Amendments does not include any updated FIRM maps. Maintains the 2005 FIRMs.
19 o Amendments to Land Development Code Chapter 122 are critical for DEM to deem the
20
21
22 Update Code of Ordinances Chapter 6 to be consistent with the Florida Building Code and adopt
23 amendments for local higher floodplain standards, including:
24 o Shifting local higher floodplain standards from Chapter 122 to Chapter 6 (for example:
25 299SF downstairs enclosure limitation and foundation requirements \[anchoring to rock\]).
26 o Including technical amendments to the Florida Building Code for additional local higher
27 floodplain standards (for example: elevation certificate requirements)
28 o
29 Floodplain Management Ordinance compliant with NFIP requirement and for the
30
31 Amend the Comprehensive Plan and Land Development Code to provide for an increase to the
32 maximum height of residential buildings, which would be available on the adoption and effective
33 date of updated FEMA Flood Insurance Rate Maps.
34 o The County is considering a maximum height limit of 40 feet (up to a maximum of five
35 (5) feet above the 35-foot height limit) in order to elevate to or maintain the required
36 elevation based on the Florida Building Code. Revisions shall not result in a new building
37 or a substantially improved building or a lawfully existing building to exceed a maximum
38 height of 40 feet.
39 o Amendment intended to address additional difference in elevation due to a change in the
40 updated FIRMs requiring the use of North American Vertical Datum of 1988 or NAVD88
41 (on average there is -1.5 foot conversion), potential increased base flood elevation
42 requirements with the updated FIRM maps, and changes in construction requirements
43 based on revised base flood elevations.
44 Amend Land Development Code Chapter 138 to require applicants to submit plan revisions to
45 prior to permit issuance, demonstrating full compliance with the current Florida Building Code
46 and the updated FIRM maps, for permits requiring an ROGO/NROGO allocation.
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1 o Establishing that all applications in or entering into the ROGO system on or after the
2 effective date of the updated FIRMs, shall have the application scores reevaluated and
3 updated based on the updated FIRMs.
4 _____________________________
5
6 The subject of this staff report is the proposed amendment to Monroe County Comprehensive
7 Plan Policy 101.5.32 to amend the height limit to 40ft for lawfully established existing residential
8 buildings which do not exceed the 35-foot height limit and new residential buildings (includes
9 substantial improvements) in order for these buildings to elevate to or maintain the required
10 elevation based on the Florida Building Code. The amendment is based on and will be triggered by
11 the adoption and effective date of updated FEMA Flood Insurance Rate Maps. Updated FEMA
12 Flood Insurance Rate Maps are the maps adopted subsequent to FEMA Flood Insurance study
13 and the accompanying Flood Insurance Rate Maps, dated February 18, 2005 (current FIRMs).
14
15 The amendment is proposed to address:
16 1. The vertical datum conversions from the National Geodetic Vertical Datum of 1929 (NGVD29)
17 to the North American Vertical Datum of 1988 (NAVD88) with the updated FEMA Flood
18 Insurance Rate Maps. While there is no set conversion factor, as it varies throughout Monroe
19 County, on average there is -1.5 foot conversion.
20
21
22 2. The potential for flood zone changes and base flood elevation changes within the updated
23 FEMA Flood Insurance Rate Maps, including the new boundary for the Limit of Moderate Wave
24 Action (LiMWA) with the requirement that properties within the boundary be built to VE Zone
25 construction standards.
26
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27
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1 Examples: Note, LIMWA = black-and-white hashed line with triangles
2
3
4
5
6
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1
2
3
4
5 ____________________________
6
7 On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane with
8 maximum sustained winds of 130 mph and flooding occurred in various neighborhoods. Hurricane Irma
9 caused significant damage throughout the Florida Keys, particularly to structures built prior to the
10 upgraded Florida Building Code adopted after Hurricane Andrew, to non-elevated structures and to
11 mobile homes.
12
13 To provide additional protection to residents that reside in mobile homes in flood hazard areas, reduce
Buubdinfou;!Qspgfttjpobm!Tubgg!Sfqpsu!.!312:.1:6`TS`DQ`Ifjhiu!51gu!Gmppe`CPDD!!)Dpnqsfifotjwf!Qmbo!Usbotnjuubm!.!Ifjhiu0Gmppe*
14 the repeated impacts by flooding, and enhance public health, safety and welfare, the County already
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1 adopted an amendment to eliminate the ability for a mobile home to be placed at an elevation below base
2 flood elevation.
3
4 Further, the County has embarked on proactively assisting property owners with voluntary elevations
5 through FEMA funded grant programs. Property owners may self-fund improvements to their homes to
6 elevate above base flood levels and there may be additional funding opportunities with the County
7 participating in several grant programs to provide for the mitigation of flood risks, such as:
8 FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
9 Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk of
10 flood damage
11 Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
12
13 When participating in some of these grant programs for elevation projects, the Florida Division of
14 Emergency Management (DEM) is encouraging at least three feet above Base Flood Elevation (a 3-foot
15 freeboard for residential buildings and structures). The grant scope of work reviews and the
16 ongoing efforts to utilize these grant programs, including the additional elevation, further facilitates
17 reducing the risk of future damage, hardship, loss, or flood damage within the community.
18
19 _____________________________
20
21 HEIGHT: In unincorporated Monroe County, height and grade are defined as follows:
22
23 HEIGHT means the vertical distance between grade and the highest part of any structure,
24 including mechanical equipment, but excluding the following: chimneys; spires and/or steeples on
25 structures used for institutional and/or public uses only; radio and/or television antenna, flagpoles;
26 solar apparatus; utility poles and/or transmission towers; and certain antenna supporting structures
27 with attached antenna and/or collocations as permitted in Chapter 146. However, in no event shall
28 any of the exclusions enumerated in this definition be construed to permit any habitable or usable
29 space to exceed the applicable height limitations. In the case of airport districts, the height
30 limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply.
31
32 GRADE means the highest natural elevation of the ground surface, prior to construction, next to
33 the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
34 structure, whichever is higher. To confirm the natural elevation of the ground surface, prior to
35 construction, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for Monroe
36 County prepared in 2007 and other best available data, including, but not limited to, pre-
37 construction boundary surveys with elevations, pre-construction topographic surveys, elevation
38 certificates and/or other optical remote sensing data.
39
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1
2
3 _____________________________
4
5 Note, the Florida Legislature adopted Chapter 2021-201, Laws of Florida (HB 401), which became
6 effective on July 1, 2021. This law amended Section 163.3202(5)(a), F.S., specifying that certain land
7 development regulations relating to building design elements may not be applied to a single-family or
8 two-family dwelling. is defined as the external building color; the type or
9 style of exterior cladding material; the style or material of roof structures or porches; the exterior
10 nonstructural architectural ornamentation; the location or architectural styling of windows or doors; the
11 location or orientation of the garage; the number and type of rooms; and the interior layout of rooms.
12 The term does not include the height, bulk, orientation, or location of a dwelling on a zoning lot; or the
13 use of buffering or screening to minimize potential adverse physical or visual impacts or to protect the
14 privacy of neighbors.
15
16 _____________________________
17
18 Community Meeting and Public Participation
19 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on December 2, 2021,
20 at 5:05pm, to provide for public input. There were six (6) attendees and five (5) County staff members.
21 In general, the comments provided for the proposed amendment, are summarized below:
22 Question regarding substantial improvements and the scenario/types of improvements that
23 required elevation to the new design flood.
24 Concerns regarding requiring 3ft of freeboard and this requiring a substantial number of
25 properties to be reviewed for substantial improvement/substantial damage concerns.
26 Question of how the 35% insurance discount, derived from CRS participation, is applied.
27 Question regarding the establishment of buoyancy calculation requirements for swimming pools
28 (note, this is not related to any proposed amendment).
29 Question regarding the 299ft enclosure limit requirement.
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30
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1 A supplemental Community Meeting was held on January 20, 2022, at 3:00pm, to provide for public
2 input. There were six (6) attendees and 10 County staff members. In general, the comments provided for
3 the proposed amendment, are summarized below:
4 Question regarding swimming pool designs under houses (note, this is not related to any proposed
5 amendment).
6 Question regarding fill in a V zone and about shoreline protection features and altering shorelines
7 in a V zone.
8
9 A second supplemental Community Meeting was held on February 3, 2022, at 5:05pm, to provide for
10 public input. There were four(4) attendees and five (5) County staff members. In general, the comments
11 provided for the proposed amendment, are summarized below:
12
13 t of 3
14
15 Comments regarding maintaining the 299ft enclosure limit requirement.
16 Comments regarding at-grade pool requirements (note, this is not related to any proposed
17 amendment).
18
19 Development Review Committee and Public Input
20 On February 22, 2022, the Development Review Committee (DRC) held a virtual meeting to review the
21 proposed amendments and receive public input.
22
23 Planning Commission and Public Input
24 The Planning Commission considered the proposed amendment at a regular meeting on March 23, 2022,
25 provided for public input and recommended approval.
26
27 Previous County Action
28 On September 27, 2017, the Board of County Commissioners adopted Ordinance 016-2017, amending
29 Monroe County Comprehensive Plan Policy 101.5.30 to include the definition of height; and creating
30 Policies 101.5.32 and 101.5.33 to provide certain exceptions to the height limit in order to protect
31 property from flooding and reduce flood insurance costs by establishing standards when a structure can
32 elevate above FEMA base flood elevation (BFE) and including a maximum height limit (40ft for
33 lawfully existing buildings to voluntarily elevate up to three (3) feet above FEMA BFE and 38ft for new
34 (new construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above
35 FEMA BFE).
36
37 On September 27, 2017, the Board of County Commissioners adopted Ordinance 017-2017, amending
38 Monroe County Land Development Code Section 101-1 to create definitions related to flood protection
39 height exceptions; and amending Section 131-2 to provide certain exceptions to the height limit in order
40 to protect property from flooding and reduce flood insurance costs by establishing standards when a
41 structure can elevate above FEMA base flood elevation (BFE) and including a maximum height limit
42 (40ft for lawfully existing buildings to voluntarily elevate up to three (3) feet above FEMA BFE and
43 38ft for new (new construction or substantially improved) buildings to voluntarily elevate up to three (3)
44 feet above FEMA BFE).
45
46
47
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1 III.!PROPOSED COMPREHENSIVE PLAN AMENDMENTS
2
3 Proposed Amendments are shown with deletions stricken through and additions are underlined.
4
5 Policy 101.5.32
6 Within 1 year of the effective date of this policy, Monroe County shall maintain adopt Land
7 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to
8 promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
9 other hazards; protect property from flooding and minimize damages; minimize public and private losses
10 due to flooding; minimize future expenditures of public funds for flood control projects and for recovery
11 from flood events; and mitigate rising flood insurance premiums.
12
13 A Flood Protection Height Exception of up to a maximum of five (5) feet above the 35-foot height limit
14 shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three (3) feet above
15 FEMA base flood elevation; and a flood protection height exception of a maximum of three (3) feet
16 above the 35-foot height limit shall be provided to allow new (new construction or substantially
17 improved) buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation. These
18 exceptions are in order to promote flood protection, minimize flood damage, reduce flood insurance
19 premiums and minimize future expenditures of public funds for recovery from flood events. In no case
20 shall a Flood Protection Height Exception result in a new building exceeding a maximum height of 38
21 feet or a lawfully existing building exceeding a maximum height of 40 feet. ( Ord. No. 016-2017 , § 1,
22 9-27-2017)
23
24 After the adoption and on the effective date of updated FEMA Flood Insurance Rate Maps (FIRMs),
25 lawfully established existing residential buildings which do not exceed the 35-foot height limit and new
26 residential buildings (includes substantial improvements) located within the Special Flood Hazard Area
27 shall have a maximum height limit of 40 feet in order to elevate to or maintain the required elevation
28 based on the Florida Building Code, as specified in R322.2.1 and R322.3.2 (elevation requirements).
29
30 Additions to lawfully established existing residential buildings within the Special Flood Hazard Area
31 that are substantial improvements shall have a maximum height limit of 40 feet in order to elevate the
32 addition to the Florida Building Code required flood elevation.
33
34 Additions to lawfully established existing residential buildings within the Special Flood Hazard Area
35 that are not substantial improvements shall have a maximum height limit of 40 feet, if the addition meets
36 the Florida Building Code flood elevation requirements in R322.2.1 and R322.3.2, the remaining
37 lawfully established existing building shall not receive the flood height exception of 40 feet.
38
39 Any portion of the building within the Special Flood Hazard Area that meets the required flood elevation
40 of the updated FEMA FIRMs shall be given a height limit of 40 feet. In no case shall this height limit
41 for flood protection result in a new residential building or a lawfully existing residential building
42 exceeding a maximum height of 40 feet.
43
44 Updated FEMA FIRMs are the maps adopted subsequent to FEMA Flood Insurance study and the
45 accompanying Flood Insurance Rate Maps, dated February 18, 2005.
46
47
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1 IV.!CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5 County 2030 Comprehensive Plan. Specifically, it furthers:
6
7 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
8 County residents and visitors, and protect valuable natural resources.
9
10 Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe
11 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
12 distance between grade and the highest part of any structure, including mechanical equipment, but excluding
13 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or
14 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
15 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
16 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable
17 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of
18 airport districts, there shall be no exceptions to the 35-foot height limitation.
19
20 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
21 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
22 public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards;
23 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
24 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
25 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
26 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
27 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
28 exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new
29 construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base
30 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
31 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
32 In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
33 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
34
35 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
36 Development Regulations which provide a Flood Protection Height Exception for lawfully established
37 existing buildings which exceed the 35-foot height limit, to promote public health, safety and general welfare;
38 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and
39 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
40 public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance
41 premiums. A lawfully established existing building may be repaired, improved, redeveloped and/or elevated
42 to meet required FEMA base flood elevation (BFE) provided the building does not exceed a total maximum
43 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,
44 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings
45 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the
46 Board of County Commissioners shall be required to review and specify the maximum approved height prior
47 to issuance of any county permit or development approval. The Planning Commission shall provide a
48 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
49 specifying the maximum approved height.
50
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1 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial
2 improvement shall be required to meet the most recent HUD standards, and the floodplain management
3 standards set forth by FEMA.
4
5 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect
6 real and personal property and to protect and improve water quality.
7
8 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local,
9 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable
10 state and federal regulations.
11
12 Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
13 away from areas within the Coastal High Hazard Area (CHHA).
14
15 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
16 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
17 tropical hardwood hammock).
18
19 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
20 be one hundred (100) percent of the following types of wetlands:
21 1. submerged lands
22 2. mangroves
23 3. salt ponds
24 4. fresh water wetlands
25 5. fresh water ponds
26 6. undisturbed salt marsh and buttonwood wetlands
27 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh
28 and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats.
29 Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity.
30
31 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
32 development to areas having appropriate topography and soil conditions and to where site disturbance and
33 man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
34 and marine resources.
35
36 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
37 designated as units of the Coastal Barrier Resources System (CBRS).
38
39 Objective 105.1: Monroe County shall continue to implement smart growth initiatives in conjunction with its
40 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
41 processes to preserve the natural environment, maintain and enhance the community character and quality of
42 life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl,
43 and direct future growth to appropriate infill areas.
44
45 GOAL 202: The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays,
46 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved
47 or restored.
48
49 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the
50 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by
51 Monroe County shall be maintained.
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52
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1 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
2 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible,
3 restored and enhanced.
4
5 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations
6 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts
7 of development upon mangroves.
8
9 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
10 and, where possible, restored and enhanced.
11
12 Policy 204.2.2: To protect submerged lands and wetlands, the open space requirement shall be 100 percent of
13 the following types of wetlands:
14 1. submerged lands;
15 2. mangroves;
16 3. salt ponds;
17 4. fresh water wetlands;
18 5. fresh water ponds; and
19 6. undisturbed salt marsh and buttonwood wetlands.
20 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh
21 and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged
22 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
23 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
24 prohibition of development in salt ponds.
25
26 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
27 where possible, enhanced.
28
29 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
30
31 Policy 206.1.4: Monroe County shall implement a "Permit Referral Process" for review of all development
32 that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)". The
33 SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS) which contain potentially
34 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo
35 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
36 Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
37
38 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
39 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the
40 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is
41 to implement regulations that will assure, consistent with the 10th Amendment to the U.S. Constitution, state
42 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS
43 regarding permit applications filed with or issued by Monroe County.
44
45 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit
46 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and
47 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not
48 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult
49 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of
50 development.
51
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1 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
2 wildlife species designated by the FWS as threatened or endangered.
3
4 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
5 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated
6 with private land uses on adjoining lands.
7
8 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and, when
9 possible, restored and enhanced.
10
11 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline
12 stabilization.
13
14 GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment
15 to increase public safety and reduce damages and public expenditures.
16
17 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
18 Area (CHHA) which reduces floodplain alteration and damage or loss due to natural disasters.
19
20 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as
21 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
22 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
23 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
24 the Code.
25
26 Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)
27 Community Rating System (CRS) to the maximum extent possible and shall seek to improve its current CRS
28 Class rating.
29
30 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
31 requirements to promote the protection and safety of life and property. Revisions to the existing setback
32 requirements contained in the land development regulations shall be considered as a means of reducing
33 property damage caused by storms.
34
35 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
36 acquisition decisions.
37
38 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
39 such as land clearing, grading and filling will not disturb natural drainage patterns.
40
41 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies
42 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term
43 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged
44 infrastructure and consideration of alternatives to its repair or replacement in the CHHA.
45
46 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
47 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and
48 shall specify procedures for relocating or replacing public infrastructure away from them, where feasible.
49
50 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with
51 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and
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1 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
2 to repeated damage.
3
4 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth
5 away from the Coastal High Hazard Area (CHHA).
6
7 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard housing and
8 to preserve, conserve and enhance the existing housing stock, including historic structures and sites.
9
10 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions.
11 Standards for evaluation of the structural condition of the housing stock are summarized below:
12 Sound: Most housing units in this category are in good condition and have no visible defects. However,
13 some structures with slight defects are also included.
14 Deteriorating: A housing unit in this category needs more repair than would be provided in the course of
15 regular maintenance, such as repainting. A housing unit is classified as deteriorating when its deficiencies
16 indicate a lack of proper upkeep.
17 Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide
18 safe and adequate shelter or is of inadequate original construction including being constructed below the
19 minimum required elevation by FEMA or the County's Floodplain Regulations.
20
21 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code
22 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
23 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
24
25 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
26 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
27 organizations and private organizations to exchange data and develop coordinated strategies to address energy
28 conservation and impacts from climate change.
29
30 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
31 private entities to address energy conservation strategies and unique climate change impacts, including
32 adaptation and mitigation strategies.
33
34 Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
35 Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management
36 Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ACOE), as well as
37 universities and not-for-profit organizations to coordinate support for updating, exchanging and analyzing
38 data regarding potential changes in climate change vulnerability.
39
40 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development
41 regulations, the County shall update the data and assumptions related to climate change impacts to
42 infrastructure based on the latest scientific predictions and observed(monitored) impacts. Monroe County
43 shall also consider climate change impacts such as increased temperatures, sea level rise, potentially shifting
44 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
45 decisions.
46
47 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their
48 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas.
49
50 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County
51 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
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52 consideration of climate change impacts, repetitive loss structures and shoreline stabilization needs.
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1
2 Objective 1504.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, the County shall
3 revise its land acquisition and preservation policies to consider the climate change-related values of natural
4 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's
5 strategic capacity to absorb floodwaters and address coastal ecosystem migration.
6
7 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area,
8 Section 380.0552(7), Florida Statutes.
9
10 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
11 principles for guiding development and any amendments to the principles, the principles shall be construed
12 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
13
14 (a) Strengthening local government capabilities for managing land use and development so that local
15 government is able to achieve these objectives without continuing the area of critical state concern
16 designation.
17 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
18 wetlands, fish and wildlife, and their habitat.
19 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
20 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
21 their habitat.
22 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
23 development.
24 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
25 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
26 ensuring that development is compatible with the unique historic character of the Florida Keys.
27 (g) Protecting the historical heritage of the Florida Keys.
28 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
29 public investments, including:
30
31 1. The Florida Keys Aqueduct and water supply facilities;
32 2. Sewage collection, treatment, and disposal facilities;
33 3. Solid waste treatment, collection, and disposal facilities;
34 4. Key West Naval Air Station and other military facilities;
35 5. Transportation facilities;
36 6. Federal parks, wildlife refuges, and marine sanctuaries;
37 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
38 8. City electric service and the Florida Keys Electric Co-op; and
39 9. Other utilities, as appropriate.
40
41 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
42 replacement of stormwater management facilities; central sewage collection; treatment and disposal
43 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
44 disposal systems.
45 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
46 wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as
47 applicable, and by directing growth to areas served by central wastewater treatment facilities through
48 permit allocation systems.
49 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
50 (l) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
51 (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
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52 manmade disaster and for a postdisaster reconstruction plan.
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1 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
2 Florida Keys as a unique Florida resource.
3
4 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
5 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
6
7 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
8 Specifically, the amendment furthers:
9
10 163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve and enhance
11 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
12 public interest; overcome present handicaps; and deal effectively with future problems that may result
13 from the use and development of land within their jurisdictions. Through the process of comprehensive
14 planning, it is intended that units of local government can preserve, promote, protect, and improve the
15 public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention,
16 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
17 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
18 develop, utilize, and protect natural resources within their jurisdictions.
19
20 163.3161(6), F.S. It is the intent of this act that adopted comprehensive plans shall have the legal status set
21 out in this act and that no public or private development shall be permitted except in conformity with
22 comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act.
23
24 163.3164(14), F.S.
25
26 163.3177(1), F.S. The comprehensive plan shall provide the principles, guidelines, standards, and strategies
27 for the orderly and balanced future economic, social, physical, environmental, and fiscal development of
28 the area that reflects community commitments to implement the plan and its elements. These principles
29 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
30 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
31 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
32
33 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
34 require the inclusion of implementing regulations in the comprehensive plan but rather to require
35 identification of those programs, activities, and land development regulations that will be part of the
36 strategy for implementing the comprehensive plan and the principles that describe how the programs,
37 activities, and land development regulations will be carried out. The plan shall establish meaningful and
38 predictable standards for the use and development of land and provide meaningful guidelines for the
39 content of more detailed land development and use regulations.
40
41 163.3177(6)(d), F.S. A conservation element for the conservation, use, and protection of natural resources
42 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils,
43 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat,
44 minerals, and other natural and environmental resources, including factors that affect energy conservation.
45
46 163.3178(2)(a), F.S. A land use and inventory map of existing coastal uses, wildlife habitat, wetland and
47 other vegetative communities, undeveloped areas, areas subject to coastal flooding, public access routes
48 to beach and shore resources, historic preservation areas, and other areas of special concern to local
49 government.
50
51 163.3178(2)(f), F.S. A redevelopment component that outlines the principles that must be used to eliminate
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52 inappropriate and unsafe development in the coastal areas when opportunities arise. The component must:
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1 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
2 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
3 runoff, and the related impacts of sea-level rise.
4 2. Encourage the use of best practices development and redevelopment principles, strategies, and
5 engineering solutions that will result in the removal of coastal real property from flood zone designations
6 established by the Federal Emergency Management Agency.
7 3. Identify site development techniques and best practices that may reduce losses due to flooding and
8 claims made under flood insurance policies issued in this state.
9 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
10 Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
11 5. Require that any construction activities seaward of the coastal construction control lines established
12 pursuant to s. 161.053 be consistent with chapter 161.
13 6. Encourage local governments to participate in the National Flood Insurance Program Community
14 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
15 premium discounts for their residents.
16
17 163.3194(1)(a), F.S. After a comprehensive plan, or element or portion thereof, has been adopted in
18 conformity with this act, all development undertaken by, and all actions taken in regard to development
19 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
20 with such plan or element as adopted.
21
22 163.3201, F.S. Relationship of comprehensive plan to exercise of land development regulatory authority.
23 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in
24 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
25 waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of
26 regulations for the development of land or the adoption and enforcement by a governing body of a land
27 development code for an area shall be based on, be related to, and be a means of implementation for an
28 adopted comprehensive plan as required by this act.
29
30 163.3202(2), F.S. Local land development regulations shall contain specific and detailed provisions
31 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
32 (a) Regulate the subdivision of land.
33 (b) Regulate the use of land and water for those land use categories included in the land use element and
34 ensure the compatibility of adjacent uses and provide for open space.
35 (c) Provide for protection of potable water wellfields.
36 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
37 management.
38 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
39
40 V.!PROCESS
41
42 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
43 Planning Commission, the Director of Planning, or the owner or other person having a contractual
44 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
45 process applications as they are received and pass them onto the Development Review Committee and
46 the Planning Commission.
47
48 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
49 the application, the reports and recommendations of the Department of Planning & Environmental
50 Resources and the Development Review Committee and the testimony given at the public hearing. The
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51 Planning Commission shall submit its recommendations and findings to the Board of County
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1 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
2 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
3 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
4 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
5 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
6 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
7 changes or not adopt the amendment.
8
9 VI.!STAFF RECOMMENDATION
10
11 Approval
12
13 VIII. EXHIBITS
14
15 Exhibit 1 Monroe County Ordinance 016-2017 Flood height exceptions
16 Exhibit 2 FEMA P-758 Substantial Improvement/Substantial Damage Desk Reference
17 Exhibit 3 Chapter 2021-201, Laws of Florida (HB 401)
18 Exhibit 4 Marathon Ordinance 2019-12 Increasing The Maximum Building Height To Forty-Two
19 Feet (42) To Provide Compensation For Increases In Required Elevations For The New
20 FEMA Firm Maps
21 Exhibit 5 Key West Section 122-1149 Height - Flood Protection Building Height Exception
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City of Key West – Land Development Code
S ec. 122-1149. Height.
(a)The term "building height" as used in the land development regulations shall mean the vertical
distance from the crown of the nearest adjacent street to the highest point of the proposed building.
(b)Height limitations contained in the schedule of district regulations located in divisions 2 through 14
of article IV of this chapter, in division 2 of this article and in this division shall apply to all construction
unless otherwise stated herein below and/or in section 122-1151.
(c)These height regulations may be waived subject to the variance criteria found in section 90-391 in
order to accommodate nonhabitable hardware and utility structures typically associated with the
principal structure, including spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys,
or other appurtenances usually required to be placed above the roof level and not intended for
human occupancy or use.
(d)Flood Protection Building Height Exception: An exception to the building height regulations as
referenced in subsection (b) above, may be permitted in cases where a building is raised above
ground to meet or exceed FEMA established base flood elevation levels under the following
conditions:
1.Only the equivalent measure of distance from the existing ground level, prior to infill, to the
required base flood elevation of the building, and up to a maximum of four (4) feet above the
base flood elevation, may exceed the building height regulations.
2.No exception shall result in a building height that would exceed 40 feet.
(Ord. No. 97-10, § 1(2-5.9(I)), 7-3-1997; Ord. No. 15-07, § 1, 4-7-2015)
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Qbdlfu!Qh/!39:4
Public Hearing Item S.4 ���`��``
Comprehensive Plan Amendment to
Height Limit, related to Floodplain
Management
BOCC May 18, 2022
Floo���U�^� N������00���t A�'���������� ����� :
��" Management Amendments-- underway:
EFUTURE AGENDA ITEM Update Code of Ordinances, Chapter 6- BWK� s and Const Article 11 - BuHW i Code, -to be cons�stent with
It he Florida B entstotheFBU
FUTURE AGENDA 11"'If"EM Amend Land Dev I ment
5/18/2022 AGENDA ITEM SA: Amending the Comprehensive Plan to increase the maximum
height of residential buildings to 40ft, which would be available after the adoption of and on the
effective date of updated FIRMs.
°
°
~
~
�
Notes:
° The UodatedFEMARRMsarethe maps adopted subsequent to the current2ooS FEMA FIRMs(dated February18, 2005).
° Afuture amendment will be required to LDCChapter 122 to adoptthe updated FIRM maps (afterthe map appeal is resolved).
° Amendments to LC)C Chapter zzz and Code of Ordinances Chapter 6 are critical for DEM to deem the Coonty's F|oodp|ain
Management Ordinance compliant with NFIP and for the County's next CRS verification in2023.
Draft documents may be viewed here: Text Arnendnierits
Ih-ttlps���'//www.monroecouin,ty flll.gov/70 F/Peindiling Appkabons201 -069 IHPC Sec 135 LIB,
2018-169 Safe Harbor Overlay District a°�;m�l HItm)ILl�
201I -025 Ocean Reef ukllbii LDC
2019-142 Dream Reef Uu lbi- Goan 112 CP
2019-183 Chapleer ~1~l ILIDC
Draft ldonro Co ulltlp ILa°ymail,- Broch!LIre-
. orris walelr
'I"i9ffl"iai°t1ve sc hed�ulu��. Draft Monroe!Co untySto i,imwater Manual
Community meeting: 2019-184 Ch pleir ~1~l8 LIL,C
5:05prn 2020-067 WorMoirce InMiall^we- CP
, 2020-068 Wo ikfcwrcie Indiative- LDC
2021-067-068 Shorelinie setback StrLICtUres- CP'
L IC C
2021-11 a H Home Occupation - ILIC C
G: March 0212 2021-'129 TEAR Amendments- CP
rt� �c�cc
= 2G211-131 IElievalrom of ID wellllM ILrulllf - ILICC
BOCC transmittal hearing: May 2022 (height CP) y) IIMM oodlpil to I amu au uanf inein ��nt
2111....11 1 .. . 122 . L 112u2
BOCC permission to advertise:July or Aug 2022 (Ch. 6) I1 .............
ll in an f� ilr r li aim
2219-22 IW I �l�I rtf�d mft-d f�
BOCC adoption hearing: Sept. or 0ct. 2022 (all) l�oilo, ll�l .lrirl .uf
07
6�41,29=A,""
to be consistent with
the Florida Division of Emergency Management's State Model Ordinance which is written to explicitly rely on the flood provisions in the
Florida Building Code, and to continue to meet the Community Rating System (CRS) requirements and maintain our CRS score and
insurance discounts.
❖ NFIP is a federally-subsidized flood damage insurance program administered by the FEMA. The NFIP makes federally-backed flood
insurance available in those communities that agree to adopt and enforce floodplain management ordinances to reduce future flood
damage. These regulations must meet or exceed the minimum administrative and technical requirements in the NFIP regulations (44 CFR Part
59 and Part 60).
❖ Residents and business owners are eligible to purchase NFIP flood insurance policies in communities that agree to regulate development in
special flood hazard areas. These special flood hazard areas are delineated by FEMA on Flood Insurance Rate Maps (FIRMs).
❖ Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances, and/or building codes or adopt special
purpose floodplain management ordinances.
Code of Federal Regulations_
Subpart A-Requirements for Flood Plain.Management Regulations
§60.1 Purpose of subpart.
� 11 11 11 11 11 (a) The Act provides that flood inSUrance shall not be sold or renewed under the program within a
community,unless the community has adopted aderpuate flood plain management regulations
consistent with Federal criteria.Responsibility for establishing such criteria is delegated to the
Federal Insurance Administrator.
p;b",'a This subpart sets forth the criteria developed in accordance with the Act by which the Fedleral
Insurance Administrator will determine the adequacy of a comMUnhy's flood Main management
# .. W legal uniformly thr�applied rp,cy,hOUt the
regulations.T r�s,..e recgtiours a Waist �p
community to all privately and publicly owned land within flood-prone,rnudslide(i.e.,rnUdflow)or
flood-related erosion areas„and the community must provide that the regulations take
precedence y less restrictive conflicting local laws„ordinances or codes. Except as
arec+�derrce over any lev,.,
otherwise provided in§60 6,the adequacy of such regulations shall be determined can the basis
of the standards set forth in(;60.3 for flood-prorre areas,(gip 60 4 for mudslide areas and§60 5
for flood-related erosion areas.
Monroe County is proposing amendments to update various Floodplain Management related provisions, to continue to fulfill
the re uirements of the National Flood Insurance P
Rram NFIP and maintain ood standin in the NFIP r ram
li
i
/ l
Y In 2012, State Floodplain Management Office developed a Model Floodplain Management Ordinance for communities, written explicitly to
rely on the flood provisions in the Florida Building Code. FEMA approved the Model Floodplain Management Ordinance in 2013. Over the
past 10 years, DEM has worked with nearly all of Florida's 468 NFIP communities to transition to the Model Floodplain Management Ordinance.
Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the minimum NFIP requirements for buildings
and structures. Nearly all Florida communities administer local floodplain management ordinances that are written to rely on the FBC to meet
the NFIP requirements.
✓ The Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages communities to establish sound
programsthat recognize and encourage flood plain management activitiesthat exceed the minimum NFIP requirements.
✓ In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community's efforts that
address the three goals of the program:
1. Reduce and avoid flood damage to insurable property
2. Strengthen and support the insurance aspects of the NFIP
3. Foster comprehensive floodplain management
✓ Monroe County has achieved a Class 3 rating in the CRS, which provides a 35% discount on flood insurance premium and in April 2022,
will increase annual savings to flood insurance for 14,400 policyholders in unincorporated Monroe County to $7.5 million dollars annually. This
is an annual average savings per policyholder of$522.Cumulatively to date, Monroe County has saved policyholders over$24 million.
Airneindirnent:s to II....JC::)C Chapter 1122 and Cede of Ordinances Clhnaljpter 6 are
crlitlicall for I Ii::::ll to deern the Cm.inty''s II:::::Iloodlp:1aliin Mainagenmenmt Ordinance
comp[iantwlitll,iiII II:::::]II::�' andfortlheCournty''snextGl:: S verificafion lirn 2023,
AGENDA ITEM S.4 ive 1:111an
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40fk, which would be available after the adoption of and on the effective date of
updated FIRMs.
• Intended to address additional difference in elevation due to a change in the updated FIRMs requiring the use of a new datum (on
average there is -1.5-foot conversion), potential increased base flood elevation requirements with the updated FIRM maps, and changes
in construction requirements based on revised base flood elevations, including the new boundary for the Limit of Moderate Wave Action
(LiMWA)with the requirement that properties within the boundary be built to VE Zone construction standards.
• The height limit change to 40ft would be based on and triggered by the adoption and effective date of updated FIRMs.
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----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Effective (2005)FIRM 11MIMIMIMI FEMA Prelim FIRM County Appeal FIRM
BFE 7 BFE 9 BFE 9
AGENDA ITEM S.4 1: 1 n
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40fk, which would be available after the adoption of and on the effective date of
updated FIRMs.
• Intended to address additional difference in elevation due to a change in the updated FIRMs requiring the use of a new datum (on
average there is -1.5-foot conversion), potential increased base flood elevation requirements with the updated FIRM maps, and changes
in construction requirements based on revised base flood elevations, including the new boundary for the Limit of Moderate Wave Action
(LiMWA)with the requirement that properties within the boundary be built to VE Zone construction standards.
• The height limit change to 40ft would be based on and triggered by the adoption and effective date of updated FIRMs.
All new FEMA mapping elevations will be in r,,JAVD88.
Elevations In, Elova :u s to
KGVD29 NAVOSS
00 w "
Potential decrease in starting
base measurement point by
-1.5ft
Uiu� �i � p �i , •• ,„ i��j�to n�� r��i�ji V ,
w
AGENDA ITEM S.4 ive 1:111an
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMs.
Example scenario of amendment: After the adoptioli mad �ora the e-fkalVedate-of zi.Lkeiateci FENU Flocxl llns;urgire Rate,
tw AlIFI1,711���111111111�,�l,�,�,�,�,�'�,�fffffIllIllI.................v,
t exceed
................
-------0------NO-1-100-0-1—W-Urr-mr— the-------35-foot- skibstaritial
40ft limit Inrlaroy ha:ve a raiaxilliurrk
No linpf"01"W1(0
1WEd e1evaticrinj based o.rr
fhe Rorizia (ele%,,Pition
35ft limit 1.2>pu Mfg
Ltd diifions,roi laYvf.`i;.i-11.IV establi.she-d eximing
I ateral Afttkiri ................................................................................................ ciafftcrrad
........................
Elevated Uj Ha.7,,ard Area that are sulb4taintial urnpr hta�ve a.niaxiirnu-Lm he4ght firniii:curt
� � � r��� � JNow BFE ... ..
feel. viri. order Ix.) elevrite the add:tcp to the 147oric.i"Z'y R�vlirig?2s�' red flc�rj,d
......................................................................................................................................................................................... ....................................................................................................................................................... ...........................................................
e evatio:ri.
.....................
...........
Ww BFE
siisr-F A.Airtions,to la"J.J.111Y estAlished'r�Xlil� s":Ird E.., I i I d iris.7 s v th i i the S c!:al Ft c�,cj,d
New BFE ..................................................................................................... ----------------- ........................"........... ............................................. .............................................
based on Ha.7.,ard Airea that,'are inx.)t su:1bvtaLtifi,'a1 'sliall hav a.rria.yAn.n.mr.n. 11a i lit I
............................................................................................................................................................................................................ .....................................................................................r 9...................1!.
..................................................
updated
......................................................................................................................................................... ...........................................................................................................
...................................................
Example image is from FEMA P-758 FIRMs irl.R.322 2 1 aiiid R322.3.1 th.e layvfudly eslabliished existitng build'.1trig shall not
...................................................................................................................................................................................................................... .......... ................ .........
rec',eirTe the [10f:rd ltejU �..... .,, t��-n o f 4 1 J fart.....
Figure 6-9. Lateral addition to a post-FIRM building in an A zone (a map revision has increased the BFE). The ....................................................................................................... . ....9...........................................................
proposed work is a lateral addition with no work in the original building and no structural modification of the common
wall or root The work constitutes a substantial improvement. Because there is no structural modification, only the Z P 5,.......... !hrr 1)9.fl A�1 1....z at Flool 1.1a.migud Area f1hait naernts the
!........................................................................................................................................................................................................................
addition must comply with the effective BFE which is higher than the BFE when the building was built If instead the jr-eig!jit-red flood e11ey 111t of
proposed work includes work in the original building or structural modification, the addition and the building must 4()feet hi no case shall this height lifilit for floodExhortertiorri.resuft irA a inei,4,residential
comply with the effective BFE. I a Idir 2,or 1aw7fall , exisfii a resideritial bu L�ildii exceedu'i�a a imaxirriumn heit-7hit: of 4,0
hmi
feet..
................................................................................................................................................................................................................................................................................................................................................................................................... ........................
Lateral addition and Addition requuLd to conittly; Addition required to comply,building required to
Rehabi I itation,S11111 building required to comply comply Jsee Note below table)
Lateral addition,ngt.5 r�j ,.M.A. FlRk.. fs aie the a
Addition riot required to cornp0y Addition reqUilOd to be elevated to at least the ..... ................ ...M to FENIA Flood histi:rmlce
elovat€on at the existing lowest floor
.__Lateral addition,S1,nor Addition required to conittly; Addition required to comply Mr.01.), arid the, �,,icconj.pany.fng Fkaod firim.iiii Rate Maps� dati..A Febtaiia. 18, 21D05.
1 ................................................................................................. ........................
structurally connected building not required to comply
.................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition,S1, Addition required to rornply; Addtion required to Gonnply,building required to
Stl'Uctura]ly connected building required to comply comply(see Note below table)
AGENDA ITEM S.4 ive 1:111an
In summary, the amendment includes the following:
• Increase the maximum height of residential buildings to 40ft, which would be available after the adoption of and on the effective date of
updated FIRMs.
Example scenario of amendment: After the adoptioli mad �ora the e-fkalVedate-of zi.Lkeiated FENU Flood llns;urgire Rate,
//////'/.................v,
................
WiTt� and rieyv resideritial, buiddirigs (..trr ,lla es surinstaritial
----------------------
40ft limit s" locateid vvifliM. he S, ec
"ruarove _jw_p ial .Flood Flazard Area 91uEdi hffve a aiaxiniurri
No lfflPfflimm"W1(0
0111POW 1WEd e1evaticrinj based o.rr
the Rorida
35ft limit 1.2tlpv Mfg
................................................
Add m I ion&to ll a biai f dinp-,s vvitfiiiia the Sj ciafftcrod
Elevated Uj
Ha.7,,ard Area that are sulb4taintial urnpr hta�ve a.niaxiirnu-Lm he4ght firniii:cvf40
NowBFE— ..................................................................................................................................................................... .....................................................................................................................................................................................................................................
� � � r��� � 1 .............
feel. viri. order Ix.) elevrite the add:tcp to the 147oric.i"Z'y R�vlidg?2s�' red flc�,cjd
......................................................................................................................................................................................... ....................................................................................................................................................... ...........................................................
e evatio:ri.
.....................
.................................................. Ww BFE
sirsas` A.Airtions,to la"J.J.illy esta�bl:ltshed'r�Xlir i rd la the S c.22.1 F.] J.4.
... New BFE ......................................................................... ................................ ....... ................................Pr
based on Ha.7.,ard Airea that are imat su:1bvtaLtifia1 sliall hav a.rria.yAn.n.mr.n. 111 i lit larrcnY
...................................................................................................................................................... ...................................................Lr................................................................................... ........................................................................
updated c..-,f 40 fiept.,if C.h.e acidition n:ueets the Formia.EtahL?Ig(-"oeie flood elevatmmi r,.. -iarrezyil.erits
......................................................................................................................................................... ...........................................................................................................f.c...................................................
Example image is from FEMA P-758 FIRMs irl.R.322 2 1 aiiid R322.3.1 th.e layvfudly eslabliished existitng build'.1trig shall not
...................................................................................................................................................................................................................... .......... ................ .........
rec',eirTe the [10f:rd ltejU �..... .,, t��-n o f 4 1 J fart.....
Figure 6-9. Lateral addition to a post-FIRM building in an A zone (a map revision has increased the BFE). The ....................................................................................................... . ....9...........................................................
proposed work is a lateral addition with no work in the original building and no structural modification of the common
wall or root The work constitutes a substantial improvement. Because there is no structural moditcaton, only the Z P 5,.......... !hry 1)9.fl A 1 1�..z aj Flool 1.1a.migud Area f1hait naernts the
!........................................................................................................................................................................................................................
addition must comply with the effective BFE which is higher than the BFE when the building was built If instead the jr-eig!jit-red flood e11ey 111t of
proposed work includes work in the original building or structural modification, the addition and the building must 4()feet hi no case shall this height lifilit for flood txitarteurtrvucar.resuft irA a inei,4,residential
comply with the effectve BFE. I Idir 2,or a w7f 1aall , exisfii a resideritial buildL�ii exceedu'i�a a imaxirriumn heit-7hit: of 4,0
hmi
feet..
................................................................................................................................................................................................................................................................................................................................................................................................... ........................
Lateral addition and Addition requuLd to conittly; Addition required to comply,building required to
Rehabi I itation,S11111 building required to comply comply Jsee Note below table)
Lateral addition,ngt.5 r�j ,.M.A. FlRk.. fs aie the a
Addition riot required to cornp�y Addition reqUilOd to be elevated to at least the ..... ................ ...M to FENIA Flood histi:rmlce
elovat€on at the existing lowest floor
.__Lateral addition,S1,nor Addition required to conittly; Addition required to comply Mr.01.), arid the, �,,icconj.pany.fng Fkaod firim.iiii Rate Maps� dati..A Febtaiia. 18, 21D05.
1 ................................................................................................. ........................
structurally connected building not required to comply
.................................................................................................................................................................................................................................................................................................................................................................................................
Lateral addition,S1, Addition required to rornply; Addtion required to Gonnply,building required to
Stl'Uctura]ly connected building required to comply comply(see Note below table)