HomeMy WebLinkAboutResolution 137-20222
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.137-2022
AN RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030
COMPREHENSIVE PLAN TO AMEND POLICY 212.2.4 TO
PROVIDE FOR CERTAIN ACCESSORY STRUCTURES IN THE
SHORELINE SETBACK; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE. (File #2021-067)
WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners
conducted a public hearing for the purpose of considering the transmittal pursuant to the State
Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for
objections, recommendations and comments, and to the other Reviewing Agencies as defined in
Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe
County Year 2030 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
County Commissioners support the requested text amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
adoption of the proposed text amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
Resolution No. 137 -22 Page 1 of 2
File #2021-067
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accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4, The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 201" day of April, 2022.
(SEQ
ATTE
LDOK, CLERK
l��
Resolution No. 137 -22
File #2021-067
Mayor David Rice YES
Mayor Pro Tem Craig Cates YES
Commissioner Michelle Coldiron YES
Commissioner District Three VACANT
Commissioner Holly Merrill Raschein YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MAYOR RICE
C�IQNt�OE_COU{�TY, ATTORNEY_
AILED: j0fQRM
UB( f 4/5/99 f
Page 2 of 2
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2022
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
2030 COMPREHENSIVE PLAN TO AMEND POLICY 212.2.4 TO PROVIDE
FOR CERTAIN ACCESSORY STRUCTURES IN THE SHORELINE SETBACK;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the
local legislature of Monroe County, Florida; and
WHEREAS, at a special meeting of the Monroe County Board of County Commissioners
(`BOCC", "Monroe County", or the "County") held on April 16, 2016, the BOCC adopted Ordinance No.
005-2016 adopting the Monroe County 2030 Comprehensive Plan ("Comp Plan", or "Plan"); and
WHEREAS, the requested amendment to the 2030 Comprehensive Plan is to provide for certain
accessory structures in the shoreline setback which were not included in Ordinance 005-2016; and
WHEREAS, the Monroe County Planning and Environmental Resources Department
("Department") conducted a Community meeting on October 21, 2021, to review the proposed
amendment and to receive public comment; and
WHEREAS, the Monroe County Development Review Committee ("DRC") held a duly
advertised public meeting on October 26, 2021, to consider adoption of amendment to Comprehensive
Plan Policy 212.2.4, and provided an additional opportunity for further public comment; and
WHEREAS, the Monroe County Planning Commission ("Planning Commission" or "PC") held
a duly noticed public hearing on January 26, 2022, to review and consider the proposed amendment to
Policy 212.2.4 and adopted Resolution No. P01-22, recommending approval to the Monroe County Board
of County Commissioners; and
BOCC Ordinance -22 Page 1 of 6
File #2021-067
WHEREAS, on April 20, 2022 the Monroe County Board of County Commissioners held a public
hearing, considered the staff report, and provided for public comment and public participation in
accordance with the requirements of state law and the procedures adopted for public participation in the
planning process; and
WHEREAS, at the April 20, 2022 public hearing, the BOCC voted to transmit the proposed
amendments to DEO to review the proposal; and
WHEREAS, at the April 20, 2022 public hearing, the BOCC adopted Resolution
transmitting the proposed text amendment to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency reviewed the amendment and issued an Objections,
Recommendations and Comments (ORC) report, received by the County on ; and
WHEREAS, the ORC report stated, " ;" and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, on , the BOCC held a public hearing to consider adoption of
the proposed Comprehensive Plan text amendment; and
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
development; and
WHEREAS, based upon the documentation submitted and information provided in the
accompanying staff report, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
Monroe County Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development for the
Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but
not limited this ordinance's title, are true and correct, and are hereby incorporated as if fully stated
herein.
Section 2. The Monroe County 2030 Comprehensive Plan is hereby amended as follows
(deletions are stricken through; additions are underlined):
BOCC Ordinance -22 Page 2 of 6
File #2021-067
I Policy 212.2.4
2 Permitted uses and performance standards within the shoreline setback shall be as follows:
3 Except as provided herein, principal structures shall be set back as follows:
4 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures
5 shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line;
6 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less
7 than 4,000 square feet that are developed with a lawfully established principal use, the required setback
8 may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect
9 community character and minimize environmental impacts by maintaining open space and protecting
10 shoreline vegetation.
11 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have
12 been altered by the legal placement of fill:
13 a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the
14 property, principal structures shall be set back at least thirty (30) feet as measured from the mean
15 high water (MHW) line or the landward extent of the mangroves, whichever is further inland.
16 b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from
17 the mean high water (MHW) line, provided that native vegetation exists or is planted and
18 maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist,
19 and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as
20 measured from the mean high water (MHW) line.
21 c. On infill lots surrounded by significant development where principal structures are set back less
22 than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the
23 Director of Planning and Environmental Resources may evaluate the community character, the
24 presence or absence of environmental features, and the setbacks on adjacent developed properties
25 within two parcels on either side of proposed development, and may allow principal structures to
26 be set back as far as practicable or in line with adjacent principal structures. In no event shall the
27 setback be less than twenty (20) feet. On shorelines where the existing pattern of setback is greater
28 than thirty (30) feet, the greater setback shall apply.
29 4. Along unaltered and unlawfully altered shorelines, principal structures shall be setback fifty (50) feet
30 as measured from the mean high water (MHW) line or the landward extent of the mangroves,
31 whichever is further landward;
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33 Accessory structures within the shoreline setback shall be designed to meet the following criteria:
BOCC Ordinance -22 Page 3 of 6
File #2021-067
I c. At grade decks not exceedkig 0 kiches ki h6gljj as riueasured Iroal grade rmly bg pgrn6tted wuthki
2 the shorcHne setback u1the structure k sutulited at Veast one (1) foot Iroal the MWAI Hne and
3 constructed to av6d ali.y QIT sate dkchlirge of storrirwater 1roal the subJect plirM ki accordance
4 wth the surface water L�q!jurericents ol'the Land Devek)['2nWilt Code,
5 2. Along open water shorelines which have been altered by the legal placement of fill, and where a
6 mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property., or
7 LCM'Veveg� lclt"i exusts or k 12linted alld rmakitakled ki a tell 1,()()t(l(�)NvV(itliicrosstliceiitureslioreVuiie
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31 4. Along unaltered or uidawl'Iffly qtered shorelines:
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33 a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of
34 the upland area of the shoreline setback req!j�red I'or the pjn6plistrUcture;
35 b, Accessory structures other than docks and erosion control structures shall be set back a minimum
36 of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward extent
37 of the mangroves, whichever is further landward, and shliH be Vocated ki ijpliird arelis,'Ali
38 excepj�on shliH be nuide Ior a rmax�rmiril Iour Ioot w�de wli�kwliy c0lillectMV 112area
39 to a Liwfiffl.y esIgHshed (lock or wateraccess structure,
Me
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BOCC Ordinance -22 Page 4 of 6
File #2021-067
I Section 3. Construction and Interpretation. This ordinance and its interpretation shall be liberally
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construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
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policy(ies) of the County. The construction and interpretation of this ordinance and all
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Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes,
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and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or
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is interpreted in connection with this ordinance shall be liberally construed and enforced in
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favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the County,
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and shall be construed in favor of the BOCC and such construction and interpretation shall
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be entitled to great weight in adversarial administrative proceedings, in trial, bankruptcy,
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and on appeal.
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Section 4.
No Liability. Monroe County expressly reserves and in no way shall be deemed to
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have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
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governmental, and any other similar defense, immunity, exemption, or protection against
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any suit, cause -of -action, demand, or liability.
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Section 5.
Severability. If any provision of this ordinance, or any part or portion thereof, is held to
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be invalid or unenforceable by any administrative hearing officer or court of competent
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jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
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thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
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provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other
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provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue
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unimpaired in full force and effect.
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Section 6.
Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
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hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
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repeal the repealing clause of such ordinance or revive any ordinance which has been
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repealed thereby.
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Section 7.
Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
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Agency pursuant to Chapter 163 and 380, Florida Statutes.
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Section 8.
Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
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State of Florida, but shall not become effective until a notice is issued by the Florida
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State Land Planning Agency or Administration Commission finding the amendment in
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compliance with Chapter 163, F.S., and if challenged until such challenge is resolved.
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Section 9.
Inclusion in the Monroe County Comprehensive Plan. The text amendment shall be
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incorporated in the Monroe County Comprehensive Plan. The numbering of the
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foregoing amendment may be renumbered to conform to the numbering in the Monroe
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County Comprehensive Plan.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
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at a regular meeting held on the day of 2022.
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BOCC Ordinance -22 Page 5 of 6
File #2021-067
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(SEAL)
ATTEST: KEVIN MADOK, CLERK
Utz
AS DEPUTY CLERK
As Deputy Clerk
BOCC Ordinance -22
File #2021-067
Mayor David Rice
Mayor Pro Tern Craig Cates
Commissioner Michelle Coldiron
Commissioner District Three VACANT
Commissioner Holly Merrill Raschein
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
in
MAYOR DAVID RICE
Page 6 of 6
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
KEY LARGO FL 33037
Account: 423741 Ticket: 3840968
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
\�
who on oath says that he or she is
ufthe Key West Citizen, afive day
newspaper published inKey West, inMonroe County, Florida; that the attached
copy o[auwamument.being alegal notice |nthe matter ofwas published insaid
newspaper mthe issues of:
Saturday, April 2.2O22
Affiant further says that the Key West Citizen isanewspaper published in Key
West, insaid Monroe County, Florida and that the said newspapers has hereto-
fore beonmuminuouslypumis»oumeeidMonmeCuvnty,no,iduTuesdaythru
Saturday weekly, and has been entered as periodicals matter at the post office in
Key West, insaid Monroe County, Florida, for operiod nf1year next preceding
the first publication ofthe attached copy ofadvertisement; and affiant further says
that he or shek ih po�nn.�nnurcurpnnm|onany
discount, purpose nfsecuring tmsedve�ise'//7-
Printed Name)
m*commission expires
Personally Known _X_ Produced Identification __
Type ofIdentification Produced
(Notary Seal)
THC SECRETARY OF
P_ R_0"V'1D'1`N(",' A,_M"r'-'
PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FJLE20211-067)
MONROE COUNTY 2030 COMPREHENSIVE PLAN To ALLOW
SETBACK; PROVIDING FOR SEVERABIUTY, PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROV[DING FDA
TRANSMITTAL TO THE STATE LAND PLANNING AGENCYAND THE
SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO, AND
INCORPORATION IN THE MONROE COUNTY COMPA'EHENSIVE
Please visit the Monroe County'Webalte at
thlivy for meeting agenda updates and Information regarding
CERTAIN ACCESSORY STRUCTURES WITHIN THE SHORELINEthe various options available to the public to view ft five
/ meeting and/or to make public oornments on certain agenda
� Items.Pursuant to Section 286X105 1"lodda Statutes, ff a person decides
'
�
to appeal any decision of the Board of County Commissioners, with
respect to any matter considered at the meetirig or hearing, he or she
will need a necord of the proceedings, and that, for such purpose, he
ar she may need to ensure a verbatim record of t/?e proceedings is
made, which record includes the testhrony & evidence upon which
the _appeal —_ be _based.
mDA ASSISTANCE, If you are aperson with a disability who