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Item R08 R.8 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: R.8 Agenda Item Summary #10946 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 1:30 PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Amending Monroe County Comprehensive Plan Policy 212.2.4 to Allow Certain Accessory Structures Within the Shoreline Setback; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Transmittal to the State Land Planning Agency and Secretary of State; Providing for Inclusion in the Monroe County Comprehensive Plan; Providing for an Effective Date. ITEM BACKGROUND: At a special meeting of the Monroe County Board of County Commissioners ("Board", "BOCC or "Monroe County") held on April 13, 2016, the Board adopted the 2030 Comprehensive Plan ("Comp. Plan") and associated updates to the Land Development Code ("LDC). The amendments to the LDC ultimately became effective in February 2017. Following the effectiveness of the updated Comp. Plan and LDC, the Monroe County Planning and Environmental Resources Department determined that certain provisions within each would be appropriate to revise in order to demark that certain types of development, such as the ability to develop a paved or decked walkway from a house to a docking facility, fishing, swimming, and other piers, and observation decks, may be allowed. Community Meeting and Public Participation In accordance with LDC Section 102-159(b)(3), a Community Meeting was held virtually on October 21, 2021, to provide for public input. There were no attendees from the public and three Monroe County professional staff members. Development Review Committee and Public Input The proposed amendments were reviewed by the Development Review Committee at a regular meeting on October 26, 2021. No members of the public were in attendance, and no further comments or recommendations were made by Monroe County professional staff. Planning Commission and Public Input The proposed amendments were reviewed by the Monroe County Planning Commission ("Planning Packet Pg. 3658 R.8 Commission") meeting on January 26, 2022, and recommended approval of the Ordinance in Planning Commission Resolution No. PO1-22. Board of County Commissioners Public Hearing - Transmittal The proposed amendments were reviewed by the BOCC at a public hearing on April 20, 2022, the BOCC reviewed the proposed amendment, provided for public comment, and adopted Monroe County BOCC Resolution No. 137-2022 approving transmittal of the amendment to the Florida Department of Economic Opportunity ("DEO") for review. DEO reviewed the amendment and issued an Objections, Recommendations and Comments ("ORC") report, received by the County on July 20, 2022. The ORC report stated, "[T]he Department does not identify any objections or comments to the proposed amendment." The County has 180 days from receipt of the ORC (until January 15, 2023) to choose to adopt, adopt with changes, or not adopt the proposed amendment." PROPOSED AMENDMENT: The Monroe County Planning & Environmental Resources Department is proposing to amend Policy 212.2.4 as follows: Proposed Amendment(deletions are ,, Fi4 .fliFoiie i; additions are shown in uuridefliri-e-d): Policy 212.2.4 Permitted uses and performance standards within the shoreline setback shall be as follows: Except as provided herein,principal structures shall be set back as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water(MHW) line; 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less than 4,000 square feet that are developed with a lawfully established principal use, the required setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts by maintaining open space and protecting shoreline vegetation. 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill: a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, principal structures shall be set back at least thirty (30) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further inland. b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from the mean high water (MHW) line, provided that native vegetation exists or is planted and maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as measured Packet Pg. 3659 R.8 from the mean high water(MHW) line. C. On infill lots surrounded by significant development where principal structures are set back less than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the Director of Planning and Environmental Resources may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than twenty (20) feet. On shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater setback shall apply. 4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty (50) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; Accessory structures within the shoreline setback shall be designed to meet the following criteria: 1. Along altered shorelines, including manmade canals, channels, and basins: . In no event shall the total, combined area of all structures occupy more than sixty (60)percent of the upland area of the shoreline setback; Accessory structures, including, pools and spas shall be set back a minimum of ten (10) feet, as measured from the mean high water (MHW) line,, With the u epjjoti 4 docks, and cro wuQ:ti 6 otit of wtTLu6�r°tRU11e.w�....ati accessol:y structureother, t urfl those listed uu )Qv "' ruQt exceeditig I S i1fl4 hew...,.Jtfl hei. ll 9w., ll1le 9s,iured �rotll„ situated...at��,,t ore...(ll) 600t From the 11iW lu„ e ard..cairstructed.., .... site duschar 'e.. oF, storalwater 6rotll the 1g)j.;c P,1- e l utl a c of-d tie With....the su„l-F(a e Wawa"r matia gl11e1Cflt..7Ccqqur�ul11etltssw oF,the �,91Cfld...� t g]ade decks ks b u e d 20 adg 122a N g-1111itte,d Within the...shoreBuie "wetN ck J6 the structure u w situated at least o1Cle (1..). Foot t From urn the MIM lu l :.. a i i cotistructed „to ova ud at y a 66 ., du'scharge oL "wtGurlllllwater From th�� "�u.u�:) ��°t .. ti� ti�e �u.ur6 M.��rlI �„ �r� .4';�iuuu 9 L rt.$ o thc Itid llh vela;p!]2�'tlt C ode:.� ace Water. 2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, Q]µ...11gDvg..v�'gglatj tl cxl is a � aitltaitled uti �...teti i i 6a:at (1.Q ...wud ➢ ..across the etue shaelitIg a6 ➢ gamn �i u.� p�� 'i....�ur�i� ...�� 1it a�:F` .�ll �" . � : 6'QulC�"w6,.r\/�u�uQurfl u.�. w6,.11�6,"lCfl� ru,ulCfllCfllllCfl ulCfl ��9�/Gur G�„ the �:"Guu,ulCfl� ..,. a. In no event shall the total, combined area of all structures occupy more than thirty (30)percent of the upland area of the shoreline setback; b. Accessory structures other than docks and erosion control structures shall be set back a minimum of fifteen (15) feet, as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further ss .. landward:: �9uflSu....shall .ruu. Gu6'�,jCt6�"Su urn.u.0 �ud �uuu�u�p. rfl 6�',N wx�°�. � air "� ��i �� n,rn��, Gur �... Packet Pg. 3660 111aximum 6'our 6"oot wide walkyay to the shorelitie oi- Jaw 'gfly u,staNjslied 12 hitla' LISJ'Jla Qflg�1�(Iy �hu�!! i)g 12gi-Iiiitted 12gi- I QQ litlear k'et o shorelitle. 3 AhmQm) te'r shor,litle" iot , ace tit to 11at fill e ("Itals clia ItleI s, oI as I Iti(I Which have N'etl altere(�'I i)_Y qlg !�'gaj placenletit 4, h1l, atid Where tIo 111(lth)]Qyg exjt$ S� ,t1d 1 , , tio cotisservatlotl eassetTletit o�`tiative shorelitle veggtatjotl hass N'etl estaNisslied da itl accortice With thi s mulic I Y Itl do evetit "Bali the total cotll�)itled area 4, afl structures ocCU) ITIOTC thati 30 INT(ICtIt g6'the shorelitie ssetNick reqqJI-ed �'()r the P]Jfl�jpaj sstructure Accessssoi:y other thati docks atid crossiotl cotitrol "Ball N, set. Nick at least lial 6 the distatice 4,the ssetNick rNqind 6'()r the J2iJ1h'JJ2(IJ 'stlltcatn= ol 1� Whictiever J� g]-g'Itgr' ass Illeassured h-otil the M11W litle, atid sliall N, located !ti uvlatid areass tI exu'cpjugfl sliall N, 111ade 6'or a 111aximum 6'our i'oot wide w,!]kw'iY a'otltlectltlg jig dgyglopgu.i gEga to a Jawhjly gqaNisslied dock or. Water access sstructure 4. Along unaltered or utflaw6'ufly altered.shorelines: a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the upland area of the shoreline setback reguired 6'or the p1iticipal structure'* Accessory structures other than docks and erosion control structures shall be set back a minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward, atid sliall N, h cau d it it 1, d , rcass�� A :�I 12t 11 1 ti ex cel2tJ otl Bali N, 111ade �'or a, 111aximum 6'our 6"oot wide walkw(ly a,otltiectjtlg uiig develovgd area to a law 'gIly estaNisslied dock or water access sstructure The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 2030 Comprehensive Plan, the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes and Part 11 of Chapter 163, Florida Statute ("F.S."). Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, private application, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The process for changing the text of the Comprehensive Plan shall follow the process established Chapter 163, Part 11, Florida Statutes (163.3184 F.S.) The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the BOCC. The BOCC holds a public hearing to consider the transmittal of the proposed amendment to the State Land Planning Agency, and considers the staff report, staff recommendation, Planning Commission recommendation and the testimony given at the public hearing. Upon transmittal by the BOCC, the state land planning agency shall issue a report I Packet Pg. 3661 R.8 giving its objections, recommendations, and comments (the "ORC report") regarding the proposed plan amendment within 60 days after receipt of the proposed plan or plan amendment. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. The BOCC holds a public hearing to consider the adoption of the proposed amendment, and considers the staff report, staff recommendation, Planning Commission recommendation, the ORC report, and the testimony given at the public hearing. PREVIOUS RELEVANT BOCC ACTION: On April 13, 2016, at a special public meeting, the Monroe County Board of County Commissioners adopted the Monroe County Year 2030 Comprehensive Plan, via Ordinance No. 005-2016; and associated Land Development Code amendments via Ordinance 006-2016. On April 20, 2022, at a regular meeting, the BOCC held a public hearing to review the proposed amendment,provided for public comment, and adopted resolution 137-2022 approving transmittal of the amendment to the Florida Department of Economic Opportunity (DEO) for review. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ordinance 2021-067 Staff Report 08_17_22 DEO Objections Recommendations and Comments Report 7-19-2022 FINANCIAL IMPACT: Effective Date: TBD Expiration Date: NA Total Dollar Value of Contract: NA Total Cost to County: NA Current Year Portion: NA Budgeted: NA Source of Funds: NA CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Packet Pg. 3662 R.8 Insurance Required: N/A Additional Details: NA REVIEWED BY: Emily Schemper Completed 08/01/2022 1:47 PM Peter Morris Completed 08/02/2022 8:36 AM Purchasing Completed 08/02/2022 8:40 AM Budget and Finance Completed 08/02/2022 8:54 AM Brian Bradley Completed 08/02/2022 9:10 AM Lindsey Ballard Completed 08/02/2022 9:17 AM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 3663 R.8.a 1 � 2l! GFtl I 4 � 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2022 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY T- 12 2030 COMPREHENSIVE PLAN TO AMEND POLICY 212.2.4 TO PROVIDE 0- 13 FOR CERTAIN ACCESSORY STRUCTURES IN THE SHORELINE SETBACK; U) 14 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 15 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE 16 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 17 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE 18 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN 19 EFFECTIVE DATE. a en 20 0 21 WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the 22 local legislature of Monroe County, Florida; and 23 24 WHEREAS, at a special meeting of the Monroe County Board of County Commissioners 25 (`BOCC", "Monroe County", or the"County")held on April 16, 2016,the BOCC adopted Ordinance No 2 26 005-2016 adopting the Monroe County 2030 Comprehensive Plan ("Comp Plan", or"Plan"); and 0 27 28 WHEREAS, the requested amendment to the 2030 Comprehensive Plan is to provide for certain 29 accessory structures in the shoreline setback which were not included in Ordinance 005-2016; and 30 31 WHEREAS, the Monroe County Planning and Environmental Resources Department 32 ("Department") conducted a Community meeting on October 21, 2021, to review the proposed zi 33 amendment and to receive public comment; and 34 c� 35 WHEREAS, the Monroe County Development Review Committee ("DRC") held a duly 36 advertised public meeting on October 26, 2021, to consider adoption of amendment to Comprehensive 37 Plan Policy 212.2.4, and provided an additional opportunity for further public comment; and 38 39 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or "PC") held 40 a duly noticed public hearing on January 26, 2022, to review and consider the proposed amendment to 41 Policy 212.2.4 and adopted Resolution No.P01-22,recommending approval to the Monroe County Board 42 of County Commissioners; and 43 BOCC Ordinance -2022 Page 1 of 6 File 42021-067 Packet Pg. 3664 R.8.a I WHEREAS,on April 20,2022 the Monroe County Board of County Commissioners held apublic 2 hearing, considered the staff report, and provided for public comment and public participation in 3 accordance with the requirements of state law and the procedures adopted for public participation in the 4 planning process; and 5 6 WHEREAS, at the April 20, 2022 public hearing, the BOCC voted to transmit the proposed 7 amendments to DEO to review the proposal; and 8 9 WHEREAS, at the April 20, 2022 public hearing, the BOCC adopted Resolution 137-2022 10 transmitting the proposed text amendment to the State Land Planning Agency; and 11 12 WHEREAS,the State Land Planning Agency reviewed the amendment and issued an Objections, 13 Recommendations and Comments (ORC)report, received by the County on July 20, 2022; and N 14 U 15 WHEREAS, the ORC report stated, "the Department does not identify any objections or 16 comments to the proposed amendment...;" and 17 18 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed 0 19 amendment, adopt the amendment with changes or not adopt the amendment; and 20 21 WHEREAS, on August 17, 2022, the BOCC held a public hearing to consider adoption of the 0 22 proposed Comprehensive Plan text amendment; and 23 u 24 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 25 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 26 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 27 development; and 28 C 29 WHEREAS, based upon the documentation submitted and information provided in the 30 accompanying staff report, the Monroe County Board of County Commissioners makes the following 31 Conclusions of Law: 32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 33 Monroe County Comprehensive Plan; and 34 2. The proposed amendment is consistent with the Principles for Guiding Development for the 35 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and u 36 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; E 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 40 41 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but 42 not limited this ordinance's title, are true and correct, and are hereby incorporated as if fully stated herein. 43 44 Section 2. The Monroe County 2030 Comprehensive Plan is hereby amended as follows 45 (deletions are stricken through; additions are underlined): 46 BOCC Ordinance -2022 Page 2 of 6 File 42021-067 Packet Pg. 3665 R.8.a 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 N 14 property,principal structures shall be set back at least thirty (30) feet as measured from the mean U 15 high water (MHW) line or the landward extent of the mangroves, whichever is further inland. c� 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 LO 18 maintained in a ten(10)foot width across the entire shoreline as approved by the County Biologist, 0 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. 0 21 c. On infill lots surrounded by significant development where principal structures are set back less LO 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 'a 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 set back 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; 32 33 Accessory structures within the shoreline setback shall be designed to meet the following criteria: 34 35 1. Along altered shorelines, including manmade canals, channels, and basins: u 36 E 37 1, In no event shall the total, combined area of all structures occupy more than sixty (60)percent of 38 the upland area of the shoreline setback; < 39 b Accessory structures, including, pools and spas shall be set back a minimum of ten (10) feet, as 40 measured from the mean high water(MHW)line I th th e ex cepj on oI a ock s and cross on.c ontr p.�. 41 structures �� uuu u �xxuuurry x�u uuu�uuurry uuip��rr i➢� �� p�uux� Vux��up u�(uuulr�, uuuui �xy��upuuu. ��" uui�pug x uuu pug a ;➢I 42 as awasuuueup...duuuau..gLade,.:uuuuy b pu�mu.utted wy thun the 20:Ioot shorcHne setback uI'the structure :k 43 sutuuated at Veast on (p( I'oot p°urruuqu the M I MI..Hne and constructed to uuv6d any Qlj' xute upu,xcha rrge 44 ,pup stornuwater prou i➢ue:... xuL��i puai-.M un... accuurupauuce:... xvuth....ipue p,uupace....water.. aKinag ! aunt 45 r�q!juurryqwnts ol'i➢ue.yuuuud I)e ek)pu!lMit Code, BOCC Ordinance -2022 Page 3 of 6 File 42021-067 Packet Pg. 3666 I c. At grade decks not exceedkig � kic] es III li6gkj as ri�easured 1roal g I i L,ade a I a.y be pemj�tted w�thl I 2 the shorcHne setback u1 the structure Is Sutulited at VClist One (1) foot 1roal the MWAI :H. ne and 3 constructed to av6d ally QIT sate dkchlirge of storrirwater 1roal the subJect plirM III accordance 4 w th the surface water nuilill ) I g�!jj�jjj L�q!j�reri�ents ol'the Land Devek 1,2n Clit 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., Q� 7 liM'Ve veg�lclt"i exkts or Is 12 linted and aulkitlikled III a tell 1'oot(I(:)Ny udt,h ac.ross the entl re shore�kle 8 Ql' je j,2rQpe!jy aird Is pLiced under a grant ol'conservlmoli easerl�ent ru u mng III I'gvor ol'the Coulity: 9 10 a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of C� 11 the upland area of the shoreline setback; C� 12 b. Accessory structures other than docks and erosion control structures shall be set back a minimum CN 13 of fifteen (15) feet, as measured from the mean high water(MHW) line or the landward extent of U U) 14 the mangroves, whichever is further landward, and shliH be k)clited 111 11 Eland areas, A I !I 15 shaH be nuide poor rmix�rmiril four 1oot wude wIdkwa to the shorcHne or Lawfiffly ��jlibHshed 16 dockkig fi16HY t , Q w ic liw�kliy slIaH be pgrn6qed pg� 100 Hnear 1'ect ol'shoreHne. 17 18 3, Mon mater shorcHnes not adjacent to nuillnuide callak, challnek, or bliskis, and whVch 19 been u&ered pry jkg VegliV 1,2 aceqVent ol'11H, and where no rmiligrQyg 1r"199 "Illd Ilo collsen/Imoll 0 0 eliserl�ellt 2 ol,lllitu ve sho CH L YU�jlitmn has been estliMshed III accordance w�th thk (0n 21 22 1, 111 no event shaH the totli� coriubkied area ol'lffl structures occuPy p2'111 30 12��jjj �21' E 23 the shorcHne setback req!jred 1'or the prjn6pli� structure, 24 E 25 b, Accessory sjr, jgqjres, other than (locks and erosuon contrM stnictUres., shaH be set brick at �elist 26 haffthe dMance ol'the setback req!j red for the 12J1161'2a tructUrc, or 15 I'Cct, whuchcvcr Is 0 27 greater, as riuclisurcd 1roal the M I ON Hnc, and shliH be �ocatcd III u fland areas, Ali CxcC )tmli CL 0 28 shliH be rmadc poor a rmaxVrmiril lour 1oot w dc wli kwli.y area to Ci 29 Lawfiffly eslaMshcd (lock or water access structure, 30 31 4. Along unaltered or uidawl'Iffly a tcrcd shorelines: 32 0 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 rcq!j�rcd 1'or the pjn6pli� strUcturc; 35 b, Accessory structures other than docks and erosion control structures shall be set back a minimum E 36 of twenty-five(25)feet,as measured from the mean high water(MHW)line or the landward extent CU 37 of the mangroves, whichever is further landward, and shliH be Vocatcd III ijp Bird arclis,' Ali 38 cxccpj�on shliH be rmidc lor a rmax�rmiril lour 1oot w�dc w,!�kwli.y area 39 to a Liwfiffly eslaMshcd (lock or watcracccss structure, 40 41 42 BOCC Ordinance -2022 Page 4 of 6 File 42021-067 Packet Pg. 3667 R.8.a I Section 3. Construction and Interpretation. This ordinance and its interpretation shall be 2 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 3 policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County 4 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 5 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this 6 ordinance shall be liberally construed and enforced in favor of Monroe County to effectuate its public 7 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such 8 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, 9 at trial, bankruptcy, and on appeal. 10 11 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to 12 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any 13 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or N 14 liability. U 15 `� c� 16 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is 17 held to be invalid or unenforceable by any administrative hearing officer or court of competent 18 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall 19 neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance, 20 or any remaining part(s)or portion(s)thereof. All other provisions of this ordinance, and remaining part(s) 0 21 or portion(s)thereof, shall continue unimpaired in full force and effect. W 22 23 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance 24 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the 25 repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 26 CU 27 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land 28 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 29 30 Section 8. Filin2 and Effective Date. This ordinance shall be filed in the Office of the 31 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida State 32 Land Planning Agency or Administration Commission finding the amendment in compliance with 33 Chapter 163, F.S., and if challenged until such challenge is resolved. 34 35 Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment u 36 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing E 37 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive 38 Plan. d 39 40 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 41 at a regular meeting held on the day of 2022. 42 43 Mayor David Rice 44 Mayor Pro Tem Craig Cates 45 Michelle Coldiron, 46 James K. Scholl BOCC Ordinance -2022 Page 5 of 6 File 42021-067 Packet Pg. 3668 I Holly Merrill Raschein 2 3 4 BOARD OF COUNTY COMMISSIONERS 5 OF MONROE COUNTY, FLORIDA 6 7 8 By: 9 Mayor David Rice 10 11 (SEAL) C� 12 � T- 13 ATTEST: KEVIN MADOK, CLERK MONROECOU YA-rrORNLY C14 14 APPRO�r:-?':NT TO FORM 15 PFTEA MORMS 16 ASSISTANT COUNTY ATTORNEY Date: ---BL212-9-- 17 As Deputy Clerk 18 0 0 E E CL 0 0 E BOCC Ordinance -2022 Page 6 of 6 File 42021-067 Packet Pg. 3669 R.8.b Ir!yj 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 To: Monroe County Board of County Commissioners 904 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources CL 11 to 12 From: Michael Roberts, CEP; PWS; Assistant Director—Environmental Resources 13 as 14 Date: August 1, 2022 15 16 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY 17 COMMISSIONERS AMENDING POLICY 212.2.4 OF THE MONROE COUNTY 18 2030 COMPREHENSIVE PLAN TO ALLOW CERTAIN ACCESSORY 0 19 STRUCTURES WITHIN THE SHORELINE SETBACK; PROVIDING FOR 20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING E 21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 22 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR E 23 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY 24 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2 25 2021-067) 0 26 27 Meeting: August 17, 2022 04 04 28 29 I. REQUEST i 30 31 The Monroe County Planning &Environmental Resources Department is proposing an amendment to the CL 32 2030 Comprehensive Plan to amend Policy 212.2.4 to allow the following within the shoreline setbacks, W 33 with certain conditions: 34 • certain accessory structures not exceeding 18 inches in height 35 • at grade decks not exceeding 6 inches in height e 36 • four-foot wide walkway to the shoreline or docking facility CD 37 C4 38 II. BACKGROUND INFORMATION as 39 E 40 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and 41 associated updates to the Land Development Code (LDC). The amendments to the LDC ultimately 42 became effective in February 2017. Upon implementation of the updated Comprehensive Plan and LDC, 43 the Planning and Environmental Resources Department identified certain regulations that required 44 revision, including those related to shoreline setbacks. The updated Comprehensive Plan and LDC, for 45 example, unintentionally restricted the ability to develop a paved or decked walkway from a house to a 46 docking facility, fishing, swimming, and other piers, and observation decks. Staff is proposing BOCC Staff Report 03_16 22 Page 1 of 8 File#2021-067 Packet Pg. 3670 R.8.b I amendments to provide reasonable access by allowing certain accessory structures within the shoreline 2 setback. 3 4 Staff is proposing a corresponding amendment to LDC Section 118-12. The subject of this staff report is 5 the proposed amendment to Policy 212.2.4 of the Comprehensive Plan. 6 7 8 Community Meeting and Public Participation � c� 9 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held virtually on October 21, It- 10 2021 to provide for public input. There were no attendees from the public and three County staff members. 0- 11 U U) 12 Development Review Committee and Public Input 13 The proposed amendments were reviewed by the Development Review Committee at a regular meeting 14 on October 26, 2021. No members of the public were in attendance, and no further comments or 15 recommendations were made by staff. 16 2 17 Planning Commission and Public Input 0 18 The proposed amendments were reviewed by the Planning Commission meeting on January 26,2022 and 19 recommended approval of the Ordinance in Planning Commission Resolution PO1-22. 20 21 Previous County Action 22 On January 14, 2015, the BOCC held an advertised special public hearing and provided for public 23 comment and public participation and approved transmittal of EAR related comprehensive plan 24 amendments (the Monroe County Year 2030 Comprehensive Plan) to the State Land Planning Agency 2 25 and Reviewing Agencies for review and comment. 26 27 On September 2, 2015, the BOCC held public hearings to review and discuss proposed amendments to N 28 the Land Development Code to be consistent with the transmitted Monroe County Year 2030 Ni 29 Comprehensive Plan, the results of the Comprehensive Plan Technical Document update, the adopted Ti 30 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter. 00 31 Chapters reviewed at the September hearing included, among others, Chapter 118 - Environmental 32 Protection. 33 34 On April 13, 2016, at a special public meeting, the Monroe County Board of County Commissioners 35 adopted the Monroe County Year 2030 Comprehensive Plan,via Ordinance No. 005-2016; and associated I- 36 Land Development Code amendments via Ordinance 006-2016. 37 N 38 The proposed amendments were reviewed by the BOCC at a public hearing on April 20, 2022,the BOCC N 39 reviewed the proposed amendment, provided for public comment, and adopted resolution 137-2022 40 approving transmittal of the amendment to the Florida Department of Economic Opportunity (DEO) for E 41 review. 42 ° 43 DEO reviewed the amendment and issued an Objections,Recommendations and Comments (ORC)report, 44 received by the County on July 20, 2022. The ORC report stated, "the Department does not identify any 45 objections or comments to the proposed amendment..." The County has 180 days from receipt of the ORC 46 (until January 15, 2023)to choose to adopt, adopt with changes, or not adopt the proposed amendment. 47 48 BOCC Staff Report 03_16 22 Page 2 of 8 File 42021-067 Packet Pg. 3671 R.8.b 1 III. PROPOSED 2030 COMPREHENSIVE PLAN TEXT AMENDMENTS 2 3 Proposed Amendment(deletions are ",�f:u4 fliFoiie4i; additions are shown in uu___ 4 5 Policy 212.2.4 6 Permitted uses and performance standards within the shoreline setback shall be as follows: 7 Except as provided herein,principal structures shall be set back as follows: T- 0- 8 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal U) -119 9 structures shall be set back at least twenty(20)feet as measured from the mean high water(MHW) 10 line; 11 2. Along lawfully altered shorelines including manmade canals, channels, and basins,for parcels less 12 than 4,000 square feet that are developed with a lawfully established principal use, the required 0 13 setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to 0 14 protect community character and minimize environmental impacts by maintaining open space and 15 protecting shoreline vegetation. 16 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have E 17 been altered by the legal placement of fill: .2 CL 0 18 a. Where a mangrove fringe of at least ten(10)feet in width occurs across the entire shoreline 19 of the property, principal structures shall be set back at least thirty (30) feet as measured N 20 from the mean high water(MHW)line or the landward extent of the mangroves,whichever N i 21 is further inland. T-i Q 22 b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) CL 23 feet from the mean high water (MHW) line, provided that native vegetation exists or is 24 planted and maintained in a ten (10) foot width across the entire shoreline as approved by 25 the County Biologist, and is placed under conservation easement; otherwise the setback I- 26 shall be fifty (50) feet as measured from the mean high water(MHW) line. N N 27 C. On infill lots surrounded by significant development where principal structures are set back 28 less than fifty(50)feet from mean high water(MHW)or the landward extent of mangroves, 0 29 the Director of Planning and Environmental Resources may evaluate the community U 30 character, the presence or absence of environmental features, and the setbacks on adjacent 31 developed properties within two parcels on either side of proposed development, and may 32 allow principal structures to be set back as far as practicable or in line with adjacent 33 principal structures. In no event shall the setback be less than twenty (20) feet. On 34 shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater 35 setback shall apply. BOCC Staff Report 03_16 22 Page 3 of 8 File 42021-067 Packet Pg. 3672 R.8.b 1 4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty (50) 2 feet as measured from the mean high water(MHW) line or the landward extent of the mangroves, 3 whichever is further landward; 4 Accessory structures within the shoreline setback shall be designed to meet the following criteria: 5 1. Along altered shorelines, including manmade canals, channels, and basins: Ci 6 a. In no event shall the total, combined area of all structures occupy more than sixty (60) CN 0- 7 percent of the upland area of the shoreline setback; U U) c� 8 b. Accessory structures, including, pools and spas shall be set back a minimum of ten (10) �,9 feet, as measured from the mean high water(MHW)line,,;,,,, �ut➢� iuu :.� x�� tuQ:r„ 4 doQ k" atud a� 10 Q i oVfl Vfl„t wiuu tur. w, ��Vfl.. �Q 6 w." ua y structure u� �. u � �,�� u,ru listed . � r.� S 11 u xQ ue,Q urr, I:.. itictics uun .hu ugrt...�" ulrnu,.a"uuuu u.....6uQunl...�."u"uQ u�,,....Ma ru 12u utyuttu d .Withitl the 20 0 le 12 Foot ,�;iuQuu u lr.yu "u t��„r"uQ�� u:��'...tiuu structure u�;,.u " situated at least , (1:.) 6QUQ:ut...6u Quu�ru tiuu lll.:I � luu.:w.. 0 13 utuQ cotistructed to avoid "ry QN site. Du uQi rgg u,F storu..l.wat r 6rurn...the su.u�)ject pgE gj run . .... 14 "uccordatiQ°uu...With the suul-F(a e ater 11ru"utu"ggilruuuuu� r 1 � �"ItI i..i evuulQuiuu uuuuur ... " .. .uuu uuuru;�lruuuuu��u Qu6 �iuu. .. ... 15 CQuuie; a� liti " � QQfl4�Qess QQfl heiglQ� a ss Illeassu.Ur d FrQ;Q111 ��r1C jg may �)g 6,,"rll11�1itte,d �16 C. �� yr�;uQ.iuu Qiuu�,°��u uuQr�u �Q°uuu( w. .. .... .. r u "u t least"� r u. u lli .. 17 �u� ur.iu the .u..,uQuuu r . r�uQ � u .�;;;uu structure " situated "��;... .Q � Q:�. � ... QUQu rrQuulru u..., CL u y "Q iu"uug u u �iuu:..."uu�upu a°� i�"uuc;l � �iuu �uvQuuQ "Q a Qu ."u�u Q r. i i ll�u vu.�.Quiuulruu 19 uuu18 u�uQ"c,�QuuQi"Qun�;�id �uWuti,uQ �QQ "Qua 6"QQ u .. " u Qu "��ulruuu uu��tQuu6 �iuQQ; � "uuuQ'.... tlt CN oo 21 2. Along open water shorelines which have been altered by the legal placement of fill, and where a CD 22 mangrove fringe of at least ten(10)feet in width occurs across the entire shoreline of the property., 0 ....f Qitiu across u�u �u, u,uuturu:: 23 „Qur r�u��u vu��uu�u�uQu exists or u�u "ur�u.� "urn �"Ir"uur�«�,.uru.� a "u �u.un� 6QUQu� ll(D ��. �r.� � ruuuuuu,j, y ' q rF" 24 'w QQQr6"l fl6" QQ� Q6" 1,09r1y 'Itl � Q"w pj�QQ'Q"Q�..Q,U flQ�6" �9 ��r1Cr�j QQ� Q'Q� fl"w6"r��utQQQ fl Q"�� w6.11 6"r fl " Q fl ��9�QQr Q 25 the Co uuu1y: � 26 a. In no event shall the total, combined area of all structures occupy more than thirty (30) CN CD 27 percent of the upland area of the shoreline setback; CN 28 b. Accessory structures other than docks and erosion control structures shall be set back a c� 29 minimum of fifteen (15) feet, as measured from the mean high water (MHW) line or the 30 landward extent of the mangroves, whichever is further landward, uuui,Qi shall �uuu lQrc"u�uuQi ito, 31 11VIatid are ass. XQ'Q" DQQ1Cfl "Jiajj Q6," 111ade ..Qur a 1111aXQll1C11Q,Ull1C11 Four Foot Wide Walkway to the 32 s ore uruu or jg yh'fljy gqa a usu uu d d oc rury 6a a ujy. �j)g walkway �Iigfl �2g pgralitted...fuur 1(,D„0 33 luruuar Feet Q:u:6 shorelure. BOCC Staff Report 03_16 22 Page 4 of 8 File 42021-067 Packet Pg. 3673 1 3 A]otig Qpgti water sh orelitles, ti ot adjacetit to 111atimade catial s" chatitl el s, or Msjtl s, atid Which have 2 N'etl '111�'red �)y �ig legg] placenletit 4, 11, atid Where t10 1T1at1g!Qyg h1tigg exj�!t�!, (ItId tio 3 6,'01C1 SCIN(Iti otl eassenletit o�`tiative shorelitle vegetati otl hass N'etl essta flisshed itl accordatice With thi ss 4 nglic - YL 5 (1� Itl tio evetit shall the total cotlli)itled area 4,afl structuress ()('('u12y thati '30 6 INT(ICtIt Q26 the shorelitie sseti)ack reqqjred 6'()r the P]Jflu jpaj sstructure C� C� T_ CN 7 A c c e ss ss( i stru:'t 1 cS. Other thati docks atid crossiotl cotitrol structuress, shall N, set (L U 8 )� ack at least hal 6`the distatice 4,the sset�)ack reggired 6'or the p1iticipal structqn, U) or 9 15 �eet whichever JS gEggtu,r ass 111cassured h-otll the mll"l litle, Dui shall N, located 10 it) itplatid areass� AD gxce tjotl shall N, 111ade �'or a 111aximum �'our �"oot uw. : P walkw, tt e dey h pg ! ,urea to a Jawhjly gssta�)Jjsshed dock of-water as ly 1 12 (ICCCSS Sstructure� 0 gu uti Jaw�'lfl ly � ! red shorelines:4. Alon 0 14 a. In no event shall the total, combined area of all structures occupy more than thirty (30) E i ulv;15 percent of the upland area of the shoreline setback n1gqired 6'()r the P1 lh'ipw �!1�'t E M 16iu. Accessory structures other than docks and erosion control structures shall be set back a C 17 minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or CL 0 18 the landward extent of the mangroves, whichever is further landward., atid shall N, located. 19 it) la shlN, ' m �'or �"ootWide Walkwa CNt 1 20 C14 1 Jlcd dock or water access sstructure� T_I oo 21 Q 22 IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 1�0 23 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 24 CU CU 25 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 26 County 2030 Comprehensive Plan. Specifically, it furthers: 27 CN 28 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of Q CN 29 County residents and visitors, and protect valuable natural resources. 30 31 GOAL 212: Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development E 32 in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County. M 33 34 Objective 212.2 35 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts, 36 aesthetic impacts, and hydrologic impacts of shoreline development. 37 38 GOAL 213: Monroe County shall ensure adequate public access to the beach or shoreline. 39 BOCC Staff Report 03_16 22 Page 5 of 8 File 42021-067 1 Packet Pg. 3674 R.8.b I B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys 2 Area, Section 380.0552(7), Florida Statutes. 3 4 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 5 principles for guiding development and any amendments to the principles, the principles shall be construed as 6 a whole and no specific provision shall be construed or applied in isolation from the other provisions. 7 8 (a) Strengthening local government capabilities for managing land use and development so that local Q 9 government is able to achieve these objectives without continuing the area of critical state concern `� C� 10 designation. N 11 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 0- 12 wetlands, fish and wildlife, and their habitat. U) 13 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical U 14 vegetation(for example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife, and their .0 15 habitat. 16 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 17 development. 18 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 0 19 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and en 20 ensuring that development is compatible with the unique historic character of the Florida Keys. 21 (g) Protecting the historical heritage of the Florida Keys. 22 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 23 public investments,including: 24 E 25 1. The Florida Keys Aqueduct and water supply facilities; 26 2. Sewage collection, treatment, and disposal facilities; 2 27 3. Solid waste treatment, collection, and disposal facilities; C 28 4. Key West Naval Air Station and other military facilities; d 29 5. Transportation facilities; N 30 6. Federal parks,wildlife refuges, and marine sanctuaries; Ni 31 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 32 8. City electric service and the Florida Keys Electric Co-op; and oo Q 33 9. Other utilities, as appropriate. 1� 34 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and 0 35 replacement of stormwater management facilities; central sewage collection; treatment and disposal 36 facilities;and the installation and proper operation and maintenance of onsite sewage treatment and disposal 37 systems. 38 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of I- 39 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as 9 40 applicable,and by directing growth to areas served by central wastewater treatment facilities through permit 41 allocation systems. c14 42 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 43 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 44 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 45 manmade disaster and for a postdisaster reconstruction plan. 46 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 47 Florida Keys as a unique Florida resource. 48 49 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 50 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 51 BOCC Staff Report 03_16 22 Page 6 of 8 File 42021-067 Packet Pg. 3675 R.8.b I C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). 2 Specifically, the amendment furthers: 3 4 163.3161(4), F.S. - It is the intent of this act that local governments have the ability to preserve and enhance 5 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the 6 public interest;overcome present handicaps; and deal effectively with future problems that may result from 7 the use and development of land within their jurisdictions.Through the process of comprehensive planning, 8 it is intended that units of local government can preserve,promote,protect, and improve the public health, Q 9 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general `� c� 10 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, V- 11 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and t03 12 protect natural resources within their jurisdictions. U) 13 14 163.3161(6), F.S. - It is the intent of this act that adopted comprehensive plans shall have the legal status set 15 out in this act and that no public or private development shall be permitted except in conformity with 16 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. 17 18 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, and strategies 0 19 for the orderly and balanced future economic, social, physical, environmental, and fiscal development of 20 the area that reflects community commitments to implement the plan and its elements.These principles and 0 21 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to 22 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the 23 principles and strategies, generally provided as goals,objectives, and policies, shall describe how the local a 24 government's programs, activities, and land development regulations will be initiated, modified, or 25 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to 26 require the inclusion of implementing regulations in the comprehensive plan but rather to require 2 27 identification of those programs,activities,and land development regulations that will be part of the strategy C 28 for implementing the comprehensive plan and the principles that describe how the programs, activities,and d 29 land development regulations will be carried out. The plan shall establish meaningful and predictable 30 standards for the use and development of land and provide meaningful guidelines for the content of more CN Ci 31 detailed land development and use regulations. I- T- 32 ool 33 163.3201,F.S.-Relationship of comprehensive plan to exercise of land development regulatory authority.—It 34 is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part, 0 35 by the adoption and enforcement of appropriate local regulations on the development of lands and waters 36 within an area. It is the intent of this act that the adoption and enforcement by a governing body of 37 regulations for the development of land or the adoption and enforcement by a governing body of a land 38 development code for an area shall be based on, be related to, and be a means of implementation for an 39 adopted comprehensive plan as required by this act. 40 CN 41 163.3202(1), F.S. - Land development regulations. Within I year after submission of its comprehensive plan c14 42 or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall a 43 adopt or amend and enforce land development regulations that are consistent with and implement their 44 adopted comprehensive plan. 45 46 V. PROCESS 47 48 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,the Planning 49 Commission, the Director of Planning, private application, or the owner or other person having a 50 contractual interest in property to be affected by a proposed amendment. The process for changing the 51 text of the Comprehensive Plan shall follow the process established Chapter 163, Part II, Florida Statutes BOCC Staff Report 03_16 22 Page 7 of 8 File 42021-067 Packet Pg. 3676 R.8.b 1 (163.3184 F.S.) The Director of Planning shall review and process applications as they are received and 2 pass them onto the Development Review Committee and the Planning Commission. 3 4 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 5 the application, the reports and recommendations of the Department of Planning & Environmental 6 Resources and the Development Review Committee and the testimony given at the public hearing. The 7 Planning Commission shall submit its recommendations and findings to the Board of County 8 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 9 amendment to the State Land Planning Agency, and considers the staff report, staff recommendation, 10 Planning Commission recommendation and the testimony given at the public hearing. Upon transmittal 0- 11 by the BOCC, the state land planning agency shall issue a report giving its objections, recommendations, U 12 and comments (ORC report) regarding the proposed plan amendment within 60 days after receipt of the 13 proposed plan or plan amendment. Upon receipt of the ORC report,the County has 180 days to adopt the 14 amendments, adopt the amendments with changes or not adopt the amendment. The BOCC holds a public 15 hearing to consider the adoption of the proposed amendment, and considers the staff report, staff 16 recommendation,Planning Commission recommendation,the ORC report, and the testimony given at the 17 public hearing. 0 18 0 19 VI. STAFF RECOMMENDATION 20 21 Staff recommends approval of the proposed amendment. 22 CL 0 N c� oo i T- i 0 CL c� c� c� BOCC Staff Report 03_16 22 Page 8 of 8 File 42021-067 Packet Pg. 3677 R.8.c Ron DeSands Dane Eagle FLORIDA D PA TMEN df C14 ECONOMIC OP UN cN cN CL July 19, 2022 U U) c� The Honorable David Rice Mayor, Monroe County 25 Ships Way Big Pine Key, Florida 33043 0 Dear Mayor Rice: 0 The Department of Economic Opportunity("Department") has completed its review of the proposed comprehensive plan amendment for Monroe County (Amendment No. 22-04ER),which was received and determined complete on May 19, 2022. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida E Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any objections or comments to the proposed amendment and this letter serves as the Objections, CL Recommendations and Comments Report. Review comments received by the Department from the c appropriate reviewing agencies, if any,are enclosed. N The County should act by choosing to adopt,adopt with changes,or not adopt the proposed Q N amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of s the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of the Department's attached report, or the amendment will be deemed withdrawn unless extended byCL agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. E If you have any questions related to this review, please contact Don Arellano, Planning Analyst, by E 0 telephone at(850) 717-8452 or by email at Don.Arellano@deo.myflorida.com. U Sincerely, U) 0 Scott Rogers, Regional Planning Administrator E Bureau of Community Planning and Growth SR/da Enclosure: Procedures for Adoption Agency Comments cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Roman Gastesi, County Administrator, Monroe County Florida V)e+ argrrna irnt;O L-.0 arnoirnnua.I:� un pllararN:uuurrnny � Caalldreraafll BauoHuziirng 1 107 Ilµ.IMadu2aaarn Street � II aIlllalhuan;>,ee,Ih ll_31:99 E (850)245.7105 � ara.I Ilo6daaJ,,)b"".()ii I www.Tv4ftter,corn/F1L1D1E0 ll_IDl6E0 � ww�ur I anc Ik(-K)lk.eoun/Fi.I1)11--O � An equal a'nplgaoa"t unAy errr plla°.yer/ iY'ogrwn.Armflhary aids and seiry cp are avafllabi e upoi n requuest to Iindllvdua ith di1sabffi:6es, lQ vol e-^id'elei6rllnorue iruuuicrrni°na�:m oin this riax:uui mne nt may be a reached hed by Ipeiisoins u.urnlii ng_Il..Y/.F�D a,.wprnent Aar the HorG&If elacy Smnrr^'ice ash 71:L Packet Pg. 3678 R.8.c Q SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS T_ cN CL FOR STATE COORDINATED REVIEW U U) Section 163.3184(4), Florida Statutes LO NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" or submit three complete copies of all comprehensive plan LO materials, of which one complete paper copy and two complete electronic copies on CD ROM in o Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State;the appropriate county(municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only); and the Department of Education (amendments relating to public schools); and for 0 certain local governments,the appropriate military installation and any other local government or < governmental agency that has filed a written request. N N SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: 0 CL Department of Economic Opportunity identification number for adopted amendment package; U) Summary description of the adoption package, including any amendments proposed but not adopted; E E 0 U Ordinance number and adoption date; U) Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name,title,address,telephone, FAX number and e-mail address of local government contact; 0 U Letter signed by the chief elected official or the person designated by the local government. U) ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment g package: In the case of text amendments,changes should be shown in strike-through/underline format; In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; E c� Packet Pg. 3679 R.8.c A copy of any data and analyses the local government deems appropriate. C� C� V- N U U) Copy of executed ordinance adopting the comprehensive plan amendment(s); LO Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this LO amendment is in compliance. If the amendment is timely challenged, or if the state land 0 planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." E List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; 0 List of findings of the local governing body, if any,that were not included in the ordinance and N which provided the basis of the adoption or determination not to adopt the proposed amendment; Q Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. CL U) E E 0 U U) 0 E E 0 U U) 0 c� E c� June.2, March Packet Pg. 3680 R.8.c OFFICE OF THE CommissioNER ®� THE CAPITOL (85o)67-7700 400 SOUTH MONROE STREET TALLAASSEE,FLORIDA 32399-0800 C� CN FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES U) COMMISSIONER NICOLE "NIw" FRIED cs June 20,2022 O O VIA US MAIL/EMAIL(schemper-emily@monroecounty-fl.gov) Monroe County E Emily Schemper 2798 Overseas Highway,Suite 400 Marathon, Florida .33050 CL Re: DACS Docket#20220523-77-Monroe O Monroe County May 23`d, 2022 CN Dear, Emily Schemper; CN The Florida Department of Agriculture and Consumer Services(the `Department") received the above- referenced proposed comprehensive plan amendment on May 23 pa,2022,and has reviewed it pursuant to the provisions of Chapter 1 , Florida Statutes, to address any potential adverse impacts to importantCL state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s)are adopted, Based on our review of your county's submission,the Department has no comment on the proposal, E If we may be of further assistance, please do not hesitate to contact me at 50-410-22 2. U Sincerely, U) 0 Thomas Poucher E Budget Director E O Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA#: Monroe County 22-04ER) ar Frl 1-800-HELPFLA I"a, www.FreshFromPlorida.com Packet Pg. 3681 DocuSign Envelope ID:1IA7D05C-AA63-4767-8086-2C795COB4EDB FDO" : cli 00001-!�,�J Mo Iwo CNi -.Ioof po w N (L Florida Department qf7ransporlation U :1 RONOV DERNOESANTUSR 100()V�,�W I �I 1h A,velnue JARFA)11�1.PERDUE,VE, U) G Wayni,11,33172 Ce June 1, 2022 Emily Schemper, AICP 0 Senior Director of Planning & Environmental Resources 0 Monroe County Planning & Environmental Resources Department Marathon Government Center E 2798 Overseas Highway, Suite 400 Marathon, FL 33050 E CL Subject: Comments for the Monroe County Comprehensive Plan Amendment 0 FDEO #22-04ER N N Q N Dear Ms. Schemper: V- Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing 0 0. agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation, District Six, reviewed the proposed amendment to Monroe County's U) Comprehensive Plan. The amendment would incorporate Evaluation And Appraisal E (EAR) Amendments to the Monroe County 2030 Comprehensive Plan. These E 0 modifications are intended to update the Comprehensive Plan to reflect recent U 'a changes in Florida statute and administrative rule requirements, as well as update text in several chapters and Elements. U) The District reviewed the amendment package per Chapter 163 Florida Statutes and found the proposed amendment would not adversely impact transportation resources and facilities of state importance. E E 0 In addition, the District's number one priority is safety for all road users with an U) ultimate goal of zero fatalities and serious injuries. It is recommended that Monroe County continue to identify and address the safety needs of all modes of travel, including public transportation. The District encourages the County to include 0 pedestrian and bicycle facilities to promote a safe walkable and connected community 0 W consistent with ss. 163.3177, Florida Statutes. cs a E luiptvve S'a Ehhanc% j,A)bflity 1pap�re hinovalhu? Packet Pg. 3682 DocuSign Envelope ID: 11A7D05C-AA63-4767-8086-2C795COB4EDB Ms. Emily Schemper June 1, 2022 Page 2 Ci Thank you for coordinating on the review of this proposed amendment with FDOT. N If you have any questions, please do not hesitate to contact me by email at U heieen!... ,� Il ii��i �� 1 l �.�I ��;�� or at 305-470-5393. U) c� Sincerely, Docuftned by: "............B06CD06755954DD... 4/$ Shereen Yee Fong 0 Transportation Planner IV E Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 0 Kenneth Jeffries, Florida Department of Transportation, District 6 Ray Eubanks, Department of Economic Opportunity Isabel Cosio Carballo, South Florida Regional Planning Council Q Kathe Lerch, South Florida Regional Planning Council , C U) E E C U U) E E C c� U) c� E c� Packet Pg. 3683 R.8.c From: �7„I„�„� w Subject: [EXTERNAL]-Monroe County 22-04ER Proposed CN Date: Friday June 17,2022 4:52:49 PM CL Attachments: uii,�,i;(i e) — ...�. w: . .. m . .. . .mm�d . _ anmm �.�� ,,—� .,..,. ..� mw To: Ray Eubanks, DEO Plan Review Administrator Re: Monroe County 22-04ER— State Coordinated Review of Proposed Comprehensive Plan Amendment , 0 The Office of Intergovernmental Programs of the Florida Department of Environmental LO Protection (Department)has reviewed the above-referenced amendment package under the c provisions of Chapter 163,Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: E air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation E easements; solid waste; and water and wastewater treatment. c Based on our review of the submitted amendment package,the Department has found no 0 provision that, if adopted,would result in adverse impacts to important state resources subject < to the Department's jurisdiction. cN cN CN Please submit all future amendments by email to p �ori�.,n� i�e� �a,�l°I��t°i�� +�i��i � �.. '.. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. " r i. .w... _, ..T✓.'m da .wP'yam✓,..::......... E ✓ U 881 E E 0 dS 881 U E U Packet Pg. 3684 R.8.c From: C ;i!,w,,d To: I'frk1',fp) i rrlI rll P)).' Idsl,r�"r��l�,V` N Cc: iuin „t;�tl.,, ,, r.Al.iiiJ r vm,i,I'll ii:;!°.,i Subject: [EXTERNAL]-Monroe County 22-04ER(EAR-Based Amendment) CN Date: Thursday,June 16,2022 12:22:12 PM fCL L ....... .,�� .... „Waaa . .d .. �� _ � . -.e . .. t) Dear Ms. Schemper, Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments,recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. 0 LO If you have specific technical questions,please contact me at(850) 617-6034 or by email o u jct . All other inquiries may be directed to our office by email at 'L3 Sincerely, Robert Irving Land Use Planning Program Administrator 0 Florida Fish and Wildlife Conservation Commission _ 1875 Orange Ave. E., Russell Park cN CN Tallahassee,Florida 32311-6160 Q cN V- 0 U) E 0 U U) 0 E E 0 c� U) 0 c� E c� Packet Pg. 3685 R.8.c From: ,lip'! fiJ�x,f�-t��' Q� To: Q 11 C° Cc: n1 Co"! �N Subject: [EXTERNAL]-Monroe County,DEO#22-4ER Comments on Proposed Comprehensive Plan Amendment Package CL U Date: Wednesday,June 15,2022 2:16:06 PM U Dear Mr. Eubanks: LO The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Monroe County (County). The package includes Text and Map 0 Amendments to the Comprehensive Plan, including the County's Evaluation and Appraisal Report LO (EAR) Amendment and the Property Rights Element. There appear to be no regionally significant 0 water resource issues; therefore, the District forwards no comments on the proposed amendment package. E The District requests that the County forward a copy of the adopted amendments to the District at E M the following email mailbox add� �y,% 1_'. �,m , i,,, �,m,,, ,�,,�. Please contact me if you have any questions or need additional information. CL Sincerely, C14 c14 Ms.Terry Manning,Senior Policy and Planning Analyst C1,4 South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road CL West Palm Beach, FL 33406 U) Phone: 561-682-6779 Fax: 561-681-6264 E-Mail: tman.n_ing@sfwmd..goy E U U) E 0 c� U) c� E c� Packet Pg. 3686 R.8.c PROPOSED AMENDMENTS C� C� .. N CL Local Government U Local Government Proposed Adopted Council Review Transmittal or c� and Plan Date Adoption Public Amendment Number Hearing and Meeting Broward County 22-02ESR (Received 04-28-22) J N/A 06-27-22 04-26-22 LO 0 1. Theproposed Resource Ma�Series of the p amendpment to Broward e B owa d County y p Use Plan (BCLUP t PCNRM 22I1ndTheproposed. hensive Plan updates a he ) ( ) revisions are based on actions taken by staff from January 1,2020,through December 31,2021.Those actions a include observing or delineating wetlands on a parcel, issuing an Environmental Resource License which formally identifies wetlands or removing wetlands that are no longer environmentally significant. These actions resulted in the addition of approximately 163 acres and the removal of approximately 222 acres. In o addition, sites that were determined to be scrivener's errors due to no historical or current evidence of o 0 wetlands have been removed from the Map;these sites are not included in the removal total. 2. This amendment affects Broward County. N 3. This amendment does not create any adverse impact to state or regional resources/facilities and the N amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional N Policy Plan. CL ' Monroe County ._.. ..... ... 22-04ER * 03-16-22 (Received 05-23-22) J N/A 06-27-22 04-20-22 City ...� of Deerfield .... �� . ..... o Beach U 22-01ER * J N/A 06-27-22 04-19-22 (Received 05-02-22) 0 City of Hallandale Beach 22-01ESR* J N/A 06-27-22 05-18-22 (Received 05-31-22) o c� 1. The proposed amendment to the above-mentioned Comprehensive Plans reflects tss the creation of .. a Property Rights Element,to comply with House Bill 59 Section 163.3177(6)(i), Florida Statutes,effective July 1, 2021.The proposed amendment intends to meet the requirements of the Bill, including language regarding the right of a property owner to:physically possess and control his or her interests in the property,including easements,leases, or mineral rights;use, maintain,develop,and improve his or her property for personal use or for the use of any other person,subject to state law and local ordinances;privacy and to exclude others from the property to protect the owner's possessions and property;and dispose of his or her property through sale or gift. 2. This amendment affects the loca l governments named above. ...... w _ c� 2 Packet Pg. 3687 R.8.c �...�... ... .... _... _ _. W. _...... _..... Local Government N Local Government Proposed Adopted Council Review Transmittal or N CL and Plan Date Adoption Public U Amendment Number i Hearing and Meeting U) c� . This s not e any adv se or ties. If 3 provides amendment ommentseon these atpropo proposed ame amendments,impact nts,, thestate regional ) n local governments should consultwithethe Y agency LO pertinent agency to address the comments prior to adoption. ............. Town of Cutler Bay _ ..�..... ....._. LO 0 22-02ER (Received 06-01-22) N/A 06-27-22 05-18-22 1 amendments to amendment to the of Cutle�Ba 6 Growth ManagementePlanslbased on on and E The proposed y p consists of applications for the 2021 Evaluation Appraisal process that was conducted in accordance with the requirements of the Florida Statutes. The 29= proposed amendment includes policies to enhance Town resilience through adaptation and mitigation CL measures including the identification of hard and green infrastructure to expand theflood protection system, o higher base flood elevations for critical and vulnerable facilities, improved shading, and reduced energy <- consumption. The proposed amendment seeks to support a diversity of housing choices and improve CN affordable housing options. It updates the Plan to reflect current local and regional intergovernmental c1,4 coordination efforts. 2. This amendment affects the Town of Cutler Bay. 3. This amendment does not create any adverse impact to state or regional resources/facilities and the 0 CL amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional Policy Plan. U) City of Hallandale o Beach U 22-02ESR N/A 06-27-22 05-18-22 (Received 05-31-22) U) 1. The pro.... _. me 0 posed amendment to the City of Hallandale Beach Comprehensive Plan s Future Land Use Element nt is proposing 500 additional Regional Activity Center(RAC) residential dwelling units. 2. This amendment affects the City of Hallandale Beach. E 3. This amendment does not create any adverse impact to state or regional resources/facilities and the amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional Policy Plan. U) 0 c� City of Key West 22-03ACSC (Received 05-25-22) N/A 06-27-22 05-18-22 1. The proposed amendment to the City of Key West's Comprehensive Plan amends the Future Lan p p Y Y p d Use Element to transfer 150 unallocated affordable housing units to be utilized for a planned affordable housing redevelopment.The transfer is intended to address the affordable housing shortage in the city. c� 3 Packet Pg. 3688 Planning nvironental Resources Department .. � We strive to be Cann(y professional and fair yf /�//rf/li%i rJ/ Ir% r / ✓/ i,///%lr � a r /�/0%r � r' xW�Jr� r ��%»I apr /� � �»r»Jr�f ��; , f r J / �j IIIIIIIIIIIIIIIVVVVIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIl111111JJd8ffhflllllllllllllllllllllllllllll/%////9%%/////////„%%/„rr�,' /,//%/ll//%%//%/%///%G%%///%/%i��%uh7klkNN�llh�1 1Ullll Illlllllllllflf IIIIIIIIIIIIIIII r V I %r, ///% MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AN ORDINANCE BY THE MONROE COUNT' f/ BOARD OF COUNTY COMMISSIONERS '�P% r AMENDMENTS TO THE MONROE COLINT'Y ' ` COMPREIENSP �N ,,,,� �� , AL11S 7 02 r o Michael Roberts CEP PWS CFM Assistant Director/Environmental Re ces Planning nvironental Resources Department .. � We strive to be Cann(y professional and fair AMENDMENTS TO THE MONROE TC'"UNTY a/ri / / �/ 6 r r r 2 COMPREHENSIVE PLAN � LI Y 1 wJ r /030 CO NSIV N O C .�.� � IIIIIIIIIIIIIIIVVVVIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIII1111111J1�IIffhfIIIIIIIIIIIIIIIIIIIIIIIIIIIIV%%////9%///////////�!;;%///!��r�,: /„//O///,�/%///////�%%%//////%/If01V1U111�kIkN�Vtl011�1j Slhlll Illlllllllllflf IIIIIIIIIIIIII II V I r r A PUBLIC HEARING TO CONSIDER AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 1 r COMPREHENSIVE PLAN TO AMEND POLICY 2`12.2.4 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) Planning & Environmental Resources Department .. � We strive to be Cann(y professional and fair °2„ � r �✓r'� ��i �� 1�'�i ��'"� � �/�G,��ulrt v+i/rtir � r �� AMENDMENTS TO POLICY 212 rl u/ ll1 / i 1 , // Ol a IIIIIIIIIIIIIIIV�II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII@II@IIIVU111111JJd8ffhf1011111111111111111111111111/%////9%%/////////„%%/,6r�,: ��.,,,, ,///%/%//0//%%%//111f�7ilD R NIIk�1 1111111111111111Vf1f llllllllllllll � I !�� ., Policy 212.2.4 Accessorystructures within the shoreline setback shall be designed to meet the followingcriteria: � 1. Along altered shorelines,including manmade canals, channels,and basins: In no event shall the total, combined area of all structures occupy more than -sixty (60) percent of the upland area of the shoreline setback; b. Accessory structures, including, pools and spas shall be set back a muiimunm of ten (10) feet, as treasured from the mean high water (MHW) line.; item th xc ion � i k s...a d e;i t o si t r cccss str ;ct r tlscr tl : t Esc listed bi c c cscdj l 8 inches i ei � t �r �s c l _ _ __. m_._______ _ ________- �__. _.__._m _.___.._..____ r c c cr �ttc ithin the I t slm rel e sett c� t tic str cture �s t�,� c at lc t n� l t tt ..................................... ._._... -.-. -----------------------.----� .._..__- .____.__ . _.. _._ _._..._� � , <<�....I� from. the ll lice and constructed �. � v(,,)i l �s pit s tc sl�sc�s � -c ii� st ress ste trs � t�sc � �lr c�t t�rc��l,,, ---- --------- ---------_ _ _ _. . --- _ ------ ------- ___m____ .___, _._ ___.__ ______ _._._________ .___ _ __.. �______-___��_, _.__m �� _ �rr� :n accordance with the surf cc f�tcr rig: rat r �mr � ��t� �l tls 1��s t ac t __ .._. __.�._ ._._.._. ..._.....c .: .._....� . -� c �p �_.��_�: ��.oslc� Planning & Environmental Resources Department / (y .. � We strive to be Cann professional and fairNO AMENDMENTS TO POLICY 212� /.4 r� r r o Illluuuuuiuuuulu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuiuu»»»��rrrrn��iuuuuuuuuuuuuuiaiiiiiiiiiiia„ii�,,,,,, /,i�a/%i�aiaia�/aiiirrr��dN�r ��u�ti��1»luuuuuufifuuuuuuu�i V i / Policy 212.2.4 �� o c. At din. inches i h c shoreline setback if the structure I situated it least n � t f ��i t �'� Iin S�6 g � �� _ c� site i h � � ' � a ro a in accordance it � m �c ................... .j.... .. ... .i..re of the L . 1 �. e. ......................................................... .....__. ........ ..... Planning nvironental Resources Department .. � We strive to be Cann(y professional and fair AMENDMENTS TO POLICY 212�,Z/ l iiiiuuuuuiuuuulu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuiuu»»»��rrrrn��iuuuuuuuuuuuuuiaiiiiiiiiiiia„ii�,,,,,, / uuuuuufifuuuuuuu�i V i 'lrO, Policy 212.2.4 Accessory structures within the shoreline setback shall be designed to meet the following criteria: 2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline 'of the property, _tti ' ,ctat Qj �. is r �a tc �� nnain ,aiaa ire tent t � i t �r� ss tic 'Wi r�r sc�� a f the s is i �m l r r rat i sonlr r atio gals m,e t r nni i i` art b. Accessory structures other than docks and erosion c©ntrol structures shall be set back a minimum of fifteen (15) feet, as measured from the mean high water ( H line or the landward extent of the mangroves, whichever is further landward..., and s1j l I Js go in. upland areas—Aft cx l� n sip 11 Ills %% ad o a a .m.0 I-bur �b t c air a ttie r cline �� '� full �sta i�sl e i�61 f 1� c al s a� tta ar i crr tcct shore Planning & Environmental Resources Department .. � We strive to be Cann(y professional and fairNO r� AMENDMENTS TO POLICY 212 /4 r IIIIIIIIIIIIIIIVVVVIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII@II@IIIIII1111111JJ�8ffhfIIIIIIIIIIIIIIIIIIIIIIIIIIIIV/%////9%%/////////!,%///!��r�, r ,,,;--%/%/////////////////////1f,7ild R fl�ll�tl}Shlllllllllllllllflfllllllllllllll I c,�- Policy 212.2.4 Accessory structures within the shoreline setback shall be designed to meet the following criteria: 3. -- i u � ap.c atcr shorelines not Wiacent t anyna . ginal s channels r sins l mcb have been altcrc i tlbc is �-al jaccrne t o kid and here uo raa� u c ��r� � t a ti r� �� scr tt �� casct cst f native oreline ctation has bee esta ii i c n accordance with this 1� a to no event shall the t�. t i combined � c all trL�c�a c �� a� c t� � ml 0 tic li.(.)cline setback r n r i w................ .k i .c i.ir l l tt t t _r arm cccsso structures � urlr ns� i dir m sc , distance u� the setback � uirc for the :jjjq a� sty��clarc � i cc� �chever � c ccr a, a lr y�, cfr ,,,, fro m thle M t'i Iiu au sbr c located-in a jj, areas n ucc 't�ar� si a�� -n c fur 1 ur toot wide wall � uel � r � t � is � �� or structure. Planning nvironental Resources Department .. � We strive to be Cann(y professional and fairNO AMENDMENTS TO POLICY 212�,Z/ , '- �,' � , rr% % r u / /r a n u r, r - r r / r / r /r/ rr iiiiuuuuuiuuuulu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuiuu»»»��rrrrn��iuuuuuuuuuuuuuiaiiiiiiiiiiia„ii�,,,,,, , /,i/a/%i�aiaia�/aiiiirrr��dN�r ��u�ti��1»luuuuuufifuuuuuuu�i V i ,, � � / r„� /»i�„�%r,, r ,,, ,,,, ��k17,,fur; ,, ,�(�1° "i��/e'� '�i✓I�iVrl/119� '��N"f��NU��II,II111U�J� /�� Policy 212.2.4r Accessory structures within the shoreline setback shall be designed to meet the following criteria: 4. Along unaltered wr unl.......................................................i� ..llte ewe shorelines: a. In no event shall the total, combined area of all structures occupy more,than thirty ( 0) percent of,the upland area of the shoreline setback r m fob- tructu' _ , i b. Accessory structures other than docks and erosion control structures shall be set back a minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward extent of the, mangroves, whichever is further landward k a Illrc i rcat 1 a ca n c c b i1 I16. n_'iade for a . four ibot wide ilk r� etin � hp lc i � � �c t 15,, i��li , lm"'s., clack or water access structure. Planning & Environmental Resources Department We strive to be caring, professional and fair ,,, r. // / „o.... / ,,,, // / ,,,,// ,//. rrr,. /i trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrrre, trrrre,,,/ / r // r / 0000000, rr/ rr r rr/ rrr�rr /r� � r , / r � i r l � Staff Recommendations: �� Staff recommends approval of the,proposed amendment ON ... /..�.... IJIJIJIIIIIIIIIJIIIIIJIJIJIJIJIIIIIIIIIIIII�I