Resolution 153-2022 -n
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3
4 �t
May w
6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 153 - 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 AND NEW RESIDENTIAL BUILDINGS
19 (INCLUDES SUBSTANTIAL IMPROVEMENTS) IN ORDER FOR THESE
20 BUILDINGS TO ELEVATE TO OR MAINTAIN THE REQUIRED
21 ELEVATION BASED ON THE FLORIDA BUILDING CODE AND
22 UPDATED FEMA FLOOD INSURANCE RATE MAPS; PROVIDING FOR
23 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
26 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
27 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
28 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;
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.153-2022 Page 1 of 2
File 2019-095
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 31. 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 ADOPTED by the Board of County Commissioners of Monroe County,
6 1 Florida, at a regular meeting held on-181- day of May, 2022.
62
63 Mayor David Rice Yes.-...,
64 Mayor Pro Tem Craig Cates Yes
65 Commissioner Michelle Coldiron
66 Cotnmissioner James Scholl --Ye"s..........67 Commissioner Holly Merrill Raschein ..........
68
69 BOARD OF COUNTY COMMISSIONERS
70 OF NROE 'OlJNT FLORIDA
71
.............
72 By:
7:3 Mayor avid Rice
71,
MONROE COUNTY ATTORNEY
"EV S TOFORM
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'4
78 1
79 A"1FES1 " KL N MAD01K, ('1,ERK
80 A
....................mm
81 AS DEPUTY CLERK
82
Resolution No.153-2022 Page 2 of 2
File 2019-095
Exhibit A to Resolution 15 3-2022
3
4a
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE
12 COUNTY COMPREHENSIVE PLAN POLICY 101.5.32 TO AMEND THE
13 HEIGHT LIMIT TO 40FT, AFTER THE ADOPTION AND ON THE
14 EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE
15 MAPS, FOR LAWFULLY ESTABLISHED EXISTING RESIDENTIAL
16 BUILDINGS AND NEW RESIDENTIAL BUILDINGS (INCLUDES
17 SUBSTANTIAL IMPROVEMENTS) IN ORDER FOR THESE BUILDINGS
18 TO ELEVATE TO OR MAINTAIN THE REQUIRED ELEVATION BASED
19 ON THE FLORIDA BUILDING CODE AND UPDATED FEMA FLOOD
20 INSURANCE RATE MAPS; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
23 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
26 (2019-095)
27
28
29 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
30 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
31 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
32 manage land use and development; and
33
34 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida
35 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
36 health, safety, and welfare of the County's citizens; and
37
38 WHEREAS, the Federal Emergency Management Agency has identified special flood
39 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
40 subject to periodic inundation which may result in loss of life and property, health and safety
41 hazards, disruption of commerce and governmental services, extraordinary public expenditures for
42 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
43 health, safety and general welfare, and
44
45 WHEREAS, the Monroe County was accepted for participation in the National Flood
46 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners
47 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
Exhibit A to Resolution153-2022
1 and 60, necessary for such participation; and
2
3 WHEREAS,the National Flood Insurance Program(NFIP)is a federally-subsidized flood
4 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
5 enabling property owners in participating communities to purchase flood insurance in exchange
6 for the community's adoption of floodplain management regulations to reduce future flood
7 damages; and
8
9 WHEREAS,the participating communities floodplain management regulations must meet
10 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
11 CFR Part 59 and Part 60); and
12
13 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate
14 Maps (FIRMS) and a Flood Insurance Study (FIS) report for Monroe County, FL; and
15
16 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and
17 Flood Insurance Study on June 11, 2021; and
18
19 WHEREAS, once FEMA reviews and processes all appeals, the agency will issue a Letter
20 of Final Determination (LFD) and publish the final FIRMS; and
21
22 WHEREAS,Monroe County is proposing amendments to Policy 101.5.32 to increase the
23 height limit in order to further facilitate the protection of property from flooding, reduce or avoid
24 future flood losses, reduce the costs of post flood damage repairs,facilitate recovery after flooding
25 events and reduce flood insurance costs; and
26
27 WHEREAS, the amendment is based on and will be triggered by the adoption and
28 effective date of updated FEMA Flood Insurance Rate Maps;which are the updated FEMA FIRMS
29 adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMS, dated
30 February 18, 2005 (current FIRMs); and
31
32 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
33 considered the proposed amendments at a regularly scheduled meeting held on February 22, 2022,
34 and
35
36 WHEREAS, on March 23, 2022, the Monroe County Planning Commission held a public
37 hearing for the purpose of considering the proposed amendment and provided for public comment;
38 and
39
40 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P12-22
41 recommending approval ; and
42
43 WHEREAS, on May 18, 2022, the Monroe County Board of County Commissioners held
44 a public hearing, considered the staff report, and provided for public comment and public
45 participation in accordance with the requirements of state law and the procedures adopted for
46 public participation in the planning process; and
Exhibit A to Resolution153-2022
1
2 WHEREAS, at the May 18, 2022, public hearing, the BOCC voted to transmit the
3 proposed amendments to DEO to review the proposal; and
4
5 WHEREAS, at the May 18, 2022, public hearing, the BOCC adopted Resolution 153-
6 2022, transmitting the proposed text amendment to the State Land Planning Agency; and
7
8 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
9 Objections, Recommendations and Comments (ORC) report, received by the County on
10 ; and
11
12 WHEREAS, the ORC report stated,
13 ;" and
14
15 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
16 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
17
18 WHEREAS, on the BOCC held a public hearing to consider
19 adoption of the proposed Comprehensive Plan text amendment; and
20
21 WHEREAS, based upon the documentation submitted and information provided in the
22 accompanying staff report, the Monroe County Board of County Commissioners makes the
23 following Conclusions of Law:
24 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 2030 Monroe County Comprehensive Plan; and
26 2. The proposed amendment is consistent with the Principles for Guiding Development for
27 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
28 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
32
33 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
34 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
35 herein.
36
37 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as shown
38 and stated herein. Proposed Amendments are shown with deletions str4eken through and additions
39 are underlined.
40
41 Policy 101.5.32
42 N i p 1.......year of t4e......eff.;Dcative...date of this lnolicy .....Monroe County shall 'r"IaairI"a"ir�......:a�l��lnt Land
43 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30
44 to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm
45 surge and other hazards; protect property from flooding and minimize damages; minimize public
Exhibit A to Resolution153-2022
1 and private losses due to flooding; minimize future expenditures of public funds for flood control
2 projects and for recovery from flood events; and mitigate rising flood insurance premiums.
3
4 A Flood Protection Height Exception of up to a maximum of five (5)feet above the 35-foot height
5 limit shall be provided to-allow lawfully existing buildings to be voluntarily elevated up to three
6 (3)feet above FEMA base flood elevation; and a flood protection height exception of a maximum
7 of three (3) feet above the 35-foot height limit shall be provided to allow new (new construction
8 or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base
9 flood elevation. These exceptions are in order to promote flood protection, minimize flood
10 damage, reduce flood insurance premiums and minimize future expenditures of public funds for
11 recovery from flood events. In no case shall a Flood Protection Height Exception result in a new
12 building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a
13 maximum height of 40 feet. (Ord. No. 016-2017 , § 1, 9-27-2017)
14
15 A1..Ie tlac.....aduapt on sand on the �,i�;`ectio��°.......d ate o r�,,chile 0 1;�"l�MA:......1 ll������... Insurance Rate 5ap,s,
16 (1 l Ms)T.......l�awlaa ly ..tat.)lasti d exustins�........residenti�al buildi.n�s sand new residential al...... laaaul��il s
17 (incUes substantial al aaaapaaao taaaants,y luau algid wa,l�aaaa t'e Sa)eci al l,lood l laaazaad re a sh all have as
18 a n�aximuaaaa...laa,aallal laaaaa ...�al 40 a,at in order to elevate to aka maintain the aa,aa�ired elevation based on
.......
19 llaa....: /��r r 0 r l r�r/c6raza l °�r6 5a,5 spa,a,ufua d i�ra....:l�l2�..:.� 1 an l� 2 `1 2 (gigy ation uea.u�i�aun�n sD..:..
20
21 Additions to la lallyestablishd existing E!! Jdenti al baaldaa uihin the Special Flood Hazard
: w
22 Area that....aare su bst�antaaal aaaapa,aaoaa,aaients slaaall have a aaaaaxaaaauan I ei-fat limit gal 40 last in ode to
23 elevate theaddition taa,_h / ��ar rr6�r r�r/r6r�z^� ( od re u r d flood elevation...
24
25 Ad,ditio staa laElually established �xistauag,ucsidenaaal :buaaldaaa®,s walanua tla� Special Flood Hazard
26 Area that.....aare riot substantial al...._u�aaanu �u�unaaals shall have.....�a m aximuau�a..._laa,u�;lal limit.._aal 40.....feet if the
27 addition me is the 1 /or~rr��a aizrr/r6raz � 1 ��r6�....:flood elevation reaaa�aaa,anents aua.:��:121 1 sand R 122:.,3,2,
..9.
28 t'1e r.. lllaiaaana� law.`Ully...a st�l .asla ul..... astaal; lauaa alaaa s a�all uaaal ua a a uo a tlaa....;1`laaaaa......................as a lal a xa a anlion
29 of 40 feet.
...................................................................
30
31 AU puauai as sl l s ly duaaa alaa :�l � la at aaccts the ucaaaaad l�uua la l... , g ..._ ,
32 elevation Ltla :uadated FEMA. 1 IRMs sli0 ld s.iv n a heigalim sl 40 f cet: In no case shall
..a .. . ..... .... ..
33 this....heaa;li faunal...for flood pu-,Qte lash result in aa.. new residential al builduaa�>.. o as ,l lawful y axuslan�>.
34 a csidenta�al lauaalauaa®, pa a duuag �a m�xuuaauauaa laa ual�al sal 4aD la e t.
35
36 LA2d ated l'..1'MA:..:.'IRM:::s ar tale males aaduaanlcd sua�asca u�rat taa l � M� U laaaad....:U�asuau�aaanc stulaly aaaaa�tla
37 aee,aaaap�aaayaaaa>l'.. aaaad laasuaaaaaau l �ala M�aan,s, data a l elau,aa5aay 1.. 00. ..:..
38
39
40 Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
41 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
42 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
43 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
44 provision immediately involved in the controversy in which such judgment or decree shall be
45 rendered.
Exhibit A to Resolution153-2022
1 Section 4. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
2 this ordinance are hereby repealed to the extent of said conflict.
3
4 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land
5 Planning Agency as required by F.S. 380.05 (11) and F.S. 3 80.05 52(9).
6
7 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State
8 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
9 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
10 Statutes and after any applicable challenges have been resolved.
11
12 Section 7.Inclusion in the Monroe County Comprehensive Plan. The amendments shall
13 be incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
14 amendment may be renumbered to conform to the numbering in the Monroe County
15 Comprehensive Plan.
16
17 Section 8. Effective Date. This ordinance shall become as provided by law and stated
18 above.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
21 Florida, at a regular meeting held on , 2022.
22
23 Mayor
24 Mayor Pao Tens
25 Commissioner
26 Cony mi ssi oii er
27 Commn ssioner
28
29 BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY, FLORIDA
31
32 BY
33 MAYOR
34
35
36 (SEAL)
37
38 ATTEST: KEVIN MADOK, CLERK
39
40 AS DEPUTY CLERK
41
r CiT11, �,a& "f,"
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IZEN:
The Florida Kays Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
f' (305)292-7777 exm.219 F f305)2954925
8eyaCs weysnew,5.en i
MONROiE CO PLANNING DEPT
KEY LARGO FL. 33037
Account: 428741 Ticket: 381455601
PUBLISHER'S AFFIDAVIT
STATE OF FLOR11DA [9 S'I.t x't]
COUNTY OF MONROE
Before the un ersign,d ut hority per orually appeared
'^ o
........ - who on oath says that he or she is
of the Key West Citizen,a five day
ne spaper published i Key V4jt,in Monroe County,Florida;that the attached
copy,of adlvertlsment,being a legall notice in the matter of was published in said
newspaper in the issues of:
Saturday,April 30,2022
Afftlant further says that the Key"vilest Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said!newspapers has hereto-
fore been continuously published in said Monroe County,Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West,in said Monroe County Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertvser,enL and affiant further says
that he or she has neither paid nor promised any person,firm,or corporation any
discount4rf
rebate commission or refund for the purpose of securing this a'dvertis-e,-
ment n i the a'i newspaper.
{ ant
Affi d'anK ubs before me this 6th day of May 20122
(tto amy ublic igniature
(htotary F'u l' f minted f�tarne Notary Seal)
My commission expires 4�a
Personally Known__>�_ Produced Identification
Type of identification Produced!
WXA%, Suelynin Stamper
COMMISSION#' G
" " EXPIRES:June 27,20221
MONROECOUNTYBOARDOF
COUNTY COMMISSIONERS
NOTICE OF PUBLI EETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE
MONROE COUNTY COMPREHENSIVE
PLAN
NOTICE OF' CHANGE TO THE
MONROE COUNTY LAND,
DEVELOPMENT CODE
MAY 18, 2022
NOTICE II S HERESY GIVEN that on Iffednesddy,May 18,2M,the Monroe County Board'of County
Comkr0ssitonem w0l hold a Public Moeftg,begin6ing at 00.00 AM.The SOCC rrmefing Will be a h,,ylbHd
format with the County ComrN%a on n'rombers um eefing We In Key Vftst, The pubfic wfll be able to
partldjpate 0a Zoom Webftwar.The faT1*vdrgfterns,Mfl be considered at a PUBUC MEEW1,
PUBLIC HEAR 1!,NQ,$,1=PM for assoon tholeafter as miay be heasAn
AN -QMWMQIL 61,Y-NONROR MMOMS-APOPTOG
to
AMEND,THE HElGHT LIPAMMAOFT,ArTER THE ADOPTIONAND ONTHF-,EFFEcmEoATE6FL ,TEr)
FEMIA FLOOD INSURANCE RATE. MAPS,, FOR LAWFULLY ESTABLISHED EXISTWG RES0ENTIAL
BUR.DINGS WPM HICH 100 lNOT"EXCEDTHE35-FOOT HEIGHT LIMN AND NIEW RESIDEtMALSUfl-OINGS
(INCLUDES SURSIANDAL,IMPROVEMENTS)IN ORDER FOR THESE BUILDINGS TO ELEVATE TO OR
MAKTAIN THE REWIRED ELEVATION BASED ON THE FLORIDA BUILDING COIDE AND UPDATED
FEMIA FLOOD INSURANCE nXrE MAPS;PROVIDINGI FOR SEVERAMUTY,,PROVIDING FOR REPEAL OF
CONFUCTMIG IPROV SiT.INNF„PROODING FOR TRANS mirrTALTO,THE STATE LAND PLANNINd,Ar,-EINCY
AND THE SE.0METARY OF S'MTEI PROVWING FOR AMENDMENT TO AND,INCORPORATION iN THE
MONROE CGUN`r ,>OMPREHENSIVE PLANI PROVIDING r0,A 1 IFFFFCTNE DAT'E,(FILE 2019-005)
D.MI).Q"-Qlj,,NTY QQMPMSjQW6 AMENIMNG
MONROE 00UNT11 LAND DS/ELOPMENT OODE CHAPTER 135 KSTOR11C AND CUL11JAAL
FIESOURCIES, CAEA11NG A MATRIX ESTABUSHING TYPES OF WORK DONE TO A DESSICONATED
HISTORIC PROPERTY OR STRUCTURE Oft ANY PROPERTY 08 STRUCTURE WITHIN THE TAVERNIER
HISTORIC PISTRICTTHAT CAN BE APPROVED BY A REGULAn CERMFICATE OF APPROPMATENESS,
PROVIDING FOR SEVERASIIUTY,PROVIDING FOR REPEAL OF CONFLICTWEi PIROVISIQNS;�PAOMINNG
FOR TRANSMITTAL TO THE ISTATC LAND PLANNING AGENCY AIND THE SECRE7ARY OF 57ATE;�
PROVIDING FOR INCLUMON INTHE M,O,NROE OOUINTY LAND DEVELOPMEKI`CODE PROVIDING FOR
AN EFFECT WE DATE.flLE 201$416%
Ploass vialt the Monroe County Webafte at,www.rn*nroac*unty-fLqov for moeting:agenda updates
and iinftratation m9arding the various optlone avaRaMoto the public to view the five meefing and/or
to'irna"ptlblla:cornments on cortalin agionda items.
Pursuant to Sedhxi 21,%,0105 Flo4da:S10des,if a pamon rot cider,to,appeal any dedsion of the Board
of Couidy ComntWooers,w0 mspecl to,any rnaftec conaOemd at 09 meeting ar heartng,IN or shevd$
need,a,repord of the IprccwAings,and that,lar such purpose,he,or she may need to easure a verbatim
mard:and Me procoed ngs GIs made,wNch mcord Inc des,the teitirnony&evidenre upon which the aj.,Veal
Is to be based.
ADA ASS46TANCE.,Y)*u,are,as person with a disability who needs"cIal accommodations in wder
to paitkWfo In to Is pmceedog,Net con fact th a Can nty Administrator Is Office,by p hon ing(305)
2W-444 1,IaOtwoen Me hoUrf Off&IM&PM-a pmi�,no later than ff"f5)catondw,do"pdor to tho
scheduled meating;ffyou are hear1bg or voice Impaired,call"71 1.
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