Item R09 R.9
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.9
Agenda Item Summary #10948
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 Land Development Code Section 118-12 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 Land Development Code; Providing for an
Effective Date.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners ("Board", "BOCC, or"Monroe County") at a
special public meeting held on April 13, 2016, adopted the 2030 Comprehensive Plan and associated
updates to the Land Development Code ("LDC). The amendments to the LDC ultimately became
effective in February 2017. Subsequent to the effectiveness of the updated Comprehensive Plan and
LDC, the Monroe County Planning and Environmental Resources Department identified that it
would be appropriate to revise certain provisions in order to demark that, for example, 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
County 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 meeting on
January 26, 2022, and recommended approval of the Ordinance in Planning Commission Resolution
Packet Pg. 3689
R.9
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 resolution
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 ,,f�i4c ..fli oiig .; additions are shown in uridefliri-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
from the mean high water(MHW) line.
Packet Pg. 3690
R.9
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
g2s6,eptjoti 4 docks, atid crosioti cotitrol wtr u(t ur s, atl ac6 !!-Uctgre other
thosethati "fie d "1�,....
ymk' um �2�' wtDit ed Withitl...the 20 Foot ����horelitie setNick u F the structure is,
ruu4���'ia "�va �i " n ....a6:�:�.
. �� "1,��;t otI ..(1) Foot 61a�n�...�i�� „1i l litl "�r�"'i..� air "�.�.
u"���,�',...
site discharge QuF "wtQurarwater �rQ'„ullru tuu'. "u.0 a 6;'"6't pgE6'gj ulCl a6'G'ollu "91Cfl6'e, With....
.riurull F(a4 u..,Water 111ati,12,912h t..,u u UuMi2u u'fl.!,,�,n, oF,th(;,"., � "91rd...F) r/eJ.OP!2!6 t1t( ode..,
C' At gjr� Ig decks����,�,� tiot exceediti ( uyc hess...Jr i eigIll ass 111cassured From may �2g
P�';'nlljtted Withitl the... who11e:liti6 �wetN ck J6 the structure u.w situated at least ouflu'���. (1),
Foot From the MIM lirle,.. acid cotistr.�ucted to avoid atly of 'sJul discharge oF,
wtortilwat r ��,µourl the "uubpe c l P"la el ....utl ac, �� i" , � w.��i �i � " u����� � :�� l.w.
1]1gDaggn"letlt req Mt]-6,"1171retltw.o th
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. uu.....� ��u�g.r y"�
l���uQrfl �„nu �w u„1 u w u„rt d a„ufl 1111a„uufltauuflu`":u ulCT a...U'
( ( e pra�p�]- g �i iss pj���g�! u.ur)dg-...a g1gD! (J'6aa ll(D
,� �....wui�i.."�� a � ?�r �i � �y�u � �( ar��up� a6 �(
uor ea,sseu"uletit ruuritni.ry urn �F(avor o„6 the (,'a21urnly.
:
a. In no event shall the total, combined area of all structures occupy more than thirty
(30)percent of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set
back a minimum of fifteen (15) feet, as measured from the mean high water
(MHW) line or the landward extent of the mangroves, whichever is further
landward,:: a1Chu.....shall ...,u6, located iti a1Cu.0 are ass, At] w11111 N. 1711au e F.or a�
111axumu.u„m Four 6oa�t.. wude.. walk�yay to the...shorelure Qrlw JawFu.ully gq«INu��„;hed...
12 hurg..LIS u'u iy Qflg w 1� (Iy "h.�!! �)g..pg 11iit e d pgr I QQ litlear Fe
Packet Pg. 3691
to '11 or , : , ( acetit to ITIatimade catials" chatitlels" or Nisitis" ,t1d
3 Ahm (�ml �Ya ,r s elitles tiot a Ij I
Which have N'etl alter ( I I I I
exj�t ,ti d e�1 )-y 2��' leg" 1 Ph cenletit 4, �'JJJ' atid Where t10 111(it
1$ �I$, a , tio cotisservatlotl eassetTletit o�`tiative shorelitle veggtatjotl hass N'etl estaNished
da itl accortice With thi s mu!Jc
I Y
Itl do evetit shall the total cotll�)itled area 4, afl structures ocCU) III OTC thati 30
INT(ICtIt g6'the shorelitie ssetNick reqqjred �'()r the P]Jfl�jpaj sstructure
Accessssoi:y other thati docks atid crossiotl cotitrol shall N, ss e t.
Ni ck at I ea st ha I th e (,It stati c e o th e ss etNi ck rNqj n'd 6'()r th e 12fi 1i u'112(11 ;11-Itc tUrc )1w
I� k'et, W 111('11 ey er I ss gEgatCr' a ss III ea ss ure d h-otll th e M I I W I I ti e, atl d ss 11a I I i)e.
located !ti uvlatid areass tl exu,cpjIgI] shall N, 111ade 6'or a 111aximum 6'our 6'oot
wide wWkwgy a'otltlectjtlg �iIg devejopgu.l g!u,a to a Jawhjly gstaNisslied 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 shall N, h cau d it it 1, d , rcass�� A I 12t 11 1 ti ex cel2tJ otl shal I N, 111ade �'or a,
111aximum 6'our 6"oot wide walkw(ly a,otltiectjtlg uiig develovgd area to a law 'gfly
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
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.
I Packet Pg. 3692
R.9
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 No. 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 No. 137-2022 approving
transmittal of the amendment to the Florida Department of Economic Opportunity for review.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2021-068 BOCC Ordinance - adoption
2021-068 Staff Report 08_17_22
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:
Insurance Required: N/A
Additional Details:
Packet Pg. 3693
R.9
NA
REVIEWED BY:
Emily Schemper Completed 08/01/2022 3:03 PM
Peter Morris Completed 08/02/2022 8:44 AM
Purchasing Completed 08/02/2022 8:51 AM
Budget and Finance Completed 08/02/2022 8:54 AM
Brian Bradley Completed 08/02/2022 9:09 AM
Lindsey Ballard Completed 08/02/2022 9:18 AM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 3694
R.9.a
1 �
2l! GFtl I
4 �
5
00
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2022 U
9
U)
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING SECTION 118-12 OF THE MONROE
12 COUNTY LAND DEVELOPMENT CODE TO ALLOW CERTAIN ACCESSORY
13 STRUCTURES WITHIN THE SHORELINE SETBACK; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 2
15 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 0
16 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
0
17 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
18 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
19
20 WHEREAS, the Board of County Commissioners of Monroe County, Florida, constitutes the
21 local legislature of Monroe County, Florida; and
22 C,
0
23 WHEREAS, at a special meeting of the Monroe County Board of County Commissioners
24 (`BOCC", "Monroe County", or the"County")held on April 16, 2016,the BOCC adopted Ordinance No. "
25 006-2016 amending the Monroe County Land Development Code ("Land Development Code", "LDC" 2
26 or"Code"); and
27
28 WHEREAS, the BOCC adopted Ordinance 025-2021 amending Chapter 118 of the Land
29 Development Code on September 15, 2021; and
30
31 WHEREAS, The requested amendment to the Land Development Code is to provide for certain
32 accessory structures in the shoreline setback which were inadvertently prohibited with the adoption of U
33 Ordinance 006-2016; and 0
34 00
a®
35 WHEREAS, the Monroe County Planning and Environmental Resources Department
36 ("Department") conducted a Community meeting on October 21, 2021, to review the proposed N
37 amendment and to receive public comment; and N
38
39 WHEREAS, the Monroe County Development Review Committee ("DRC") held a duly
40 advertised public meeting on October 26, 2021, to consider adoption of the proposed amendment to the
41 LDC, and provided an additional opportunity for further public comment; and
42
43 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or "PC") held
44 a duly noticed public hearing on January 26, 2022, to review and consider the proposed amendment and
BOCC Ordinance -2022 Page 1 of 5
File 42021-068
Packet Pg. 3695
R.9.a
I adopted Resolution No. P02-22, recommending approval to the Monroe County Board of County
2 Commissioner; and
3
4 WHEREAS, at a duly noticed regular public meeting of the BOCC held on August 17, 2022, the
5 Monroe Board of County Commissioners held a public hearing, considered the staff report, and provided �z
6 for public comment and public participation in accordance with the requirements of state law and the 00
7 procedures adopted for public participation in the planning process; and V-
8 u
9 WHEREAS, on August 17, 2022, the BOCC also held a public hearing to consider adoption of a U
10 corresponding amendment to the Monroe County Year 2030 Comprehensive Plan and adopted Ordinance
11 -2022; and U)
12
13 WHEREAS, the proposed LDC amendment is consistent with the amendments to the u
14 Comprehensive Plan adopted in Ordinance -2022; and
15
16 WHEREAS, based upon the foregoing, the Board of County Commissioners of Monroe County, 0
17 Florida, hereby makes the following findings of fact and conclusions of law:
18 0
19 1. The proposed amendment(s) is/are consistent with the Goals, Objectives and Policies of the
20 Monroe County Year 2030 Comprehensive Plan; and ,E
21
22 2. The proposed amendment(s) is/are consistent with the Principles for Guiding Development for E
23 the Florida Keys Area of Critical State Concern, 380.0552(7), Florida Statutes; and
24
25 3. The proposed amendment(s)is/are consistent with Part 11 of Chapter 163, Florida Statutes; and a
26
27 4. The proposed amendment(s)is/are necessary and in furtherance of the constitutional, statutory,
28 and local police power(s) of Monroe County, Florida; C
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
32
33 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals, including but
34 not limited this ordinance's title, are true and correct, and are hereby incorporated as if fully stated herein. U
35 U
36 Section 2. The Monroe County Land Development Code is hereby amended as follows
00
37 (deletions are stricken through; additions are underlined):
N
38 Sec. 118-12. Shoreline Setback. N
39 (c) Accessory structures. Accessory structures, as defined in Section 101-1, within the shoreline
40 setback shall be constructed at a foundation height not to exceed 18 inches above existing grade U
41 and shall meet the following design criteria:
42 (1) Along lawfully altered shorelines adjacent to manmade canals, channels, and basins:
BOCC Ordinance -2022 Page 2 of 5
File 42021-068
Packet Pg. 3696
I a. In no event shall the total, combined area of all structures occupy more than 60 percent
2 (60%) of the upland area of the required 20-foot shoreline setback.
3 b, Accessory structures, including, but not limited to,pools, spas, and any screen enclosure
4 over pools or spas shall be set back a minimum of ten (10) feet, as measured from the
5 MHW line. NAJth the excepjuon ol' (locks and eroson conti-M structures, an accessory. N
6 structure other than those Hsted above not exceedki g 00
,g I� kiches ki hel ht as rl�easured 7
7 1rorli grade rmay bg peml�tted W�thki the 20 Ioot shorcHne setback u1' the structure k
8 Sutuated at �Clist olle (1) foot 1roril the M I�'A' Hne �uun
ntdau21T Su9 dkchirge ol'stortirwater 1roalthe su ect parM ki cordance w�th Sect�on 114 3,bJU
10 C, At gLlide decks w2t exceedkig � kiches ki h6gh! as riuelisured 1rorli g�ade rmay b�
11 pgrndtted wuthki the shorcHne setback uI'the structure k sutulited at Velist one (1) foot Irorli U)
12 the M I MI Hne and constructed to av6d illy u21T sute du chlir,V l21 stortirwater 1roril the
13 siJbJgcI parM ki accordance wuth Sectuon 114 3,
en
0
14 (2) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
15 have been altered by the legal placement of fill, and where a mangrove fringe of at least ten 0
.a
16 (10) feet in width exists, or native vegetation exists or is planted and maintained in a ten-foot LO
0
17 (10)width across the entire shoreline of the property and is placed under a grant of conservation
18 easement running in favor of the County.
E
19 a. In no event shall the total combined area of all structures occupy more than 30 percent
20 (30%) of the shoreline setback required for the principal structure. E
CU
21 b, Accessory structures, 4ieki(l4ig; biit tiot ukiiited to; [,)ools; spis �itW �itiy seFeen efieWsFe ii a
.2
22 -other than docks and erosion control structures shall be set back a CL
0
23 minimum of 15 feet as measured from the MHW line or the landward extent of the 'a
24 mangroves, whichever is farther landward, and shall be located in upland areas. Ali
25 excepjuon shiffl be nuide for a rmaxurmiril Iour Ioot wade wli kway 1u2 i1 x12u)reHlle ppprr 0
26 dockkig I'IcHl't constructed ki accordance w�th Section 118 12(ql)(�) Qlle�Ya�kway skaH CL
S Y 0
27 be pui prruuutted 12�i kielir 1'ect ol'shore�kle,
28 (3) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
29 have been altered by the legal placement of fill, and where no mangrove fringe exists, and no a
'a
30 conservation easement of native shoreline vegetation exists pursuant to Section I I 8-12(b)(4)b: 0E
U
31 a. In no event shall the total combined area of all structures occupy more than 30 percent U
0
32 (30%) of the shoreline setback required for the principal structure. M
®0
33 b. Accessory structures, 4iehithtig;Wit tlet pkiliteel to peok �f')Hfl; Wit'l illy sefeeti efiek KLI
34 oyef: pook of: spis., other than docks and erosion control structures, shall be set back at
N
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35 least half the distance of the setback required for the principal structure, or 15 feet, N
36 whichever is greater, as measured from the MHW line, and shall be located in upland
37 areas. Ali excepjuon shaH be quide for a rmixurmiril pour Ioot wude wa kwliy c(iIllleciullg E
38 the deve�op��l area to a (lock or water access structure constructed ki accordance wuth
39 Sect�on 118 12(ql)(�)
40 (4) Along unaltered or unlawfully altered shorelines:
BOCC Ordinance -2022 Page 3 of 5
File 42021-068
Packet Pg. 3697
R.9.a
I a. In no event shall the total combined area of all structures occupy more than 30 percent
2 (30%) of the shoreline setback required for the principal structure.
3 b. Accessory structures,...itie. uu���Wig; blit NOt,...Vuuiu� ekf �O; peok, S[M i� MW �Itl ,:
4 �e �r er � � �uu�� �� e�� � ����V � ���� � pis other than docks and erosion control structures, shall
5 be set back a minimum of 25 feet, as measured from the MHW line or the landward extent �z
6 of the mangroves whichever is farther landward and shall be located in upland areas. ii 00
t�a�wy�„�h�t��� �,F II f�pxq ff��ppWp ryry �Vry ry w II�VrvX p X lour f�p,(�p f- .
7 W.+11'b.+W.+ i�4AYVAll �iid � d � YVll 4N AA „4 N.!1AAAANpA YVN 4ii YVYV4 ��ii)II pW. �$WW)
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8 area to a (lock or water access structure constructed ki accordance w�th Sect�on 118
O( l. U
10 U)
11
12 Section 3. Construction and Interpretation. This ordinance and its interpretation shall be u
13 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
14 policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County
15 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 0
16 provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this LO
17 ordinance shall be liberally construed and enforced in favor of Monroe County to effectuate its public
18 purpose(s) and policy(ies) of the County, and shall be construed in favor of the BOCC and such
19 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, ,E
20 at trial, bankruptcy, and on appeal.
21
22 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
23 have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any0.
24 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
25 liability.
26
27 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is 0
28 held to be invalid or unenforceable by any administrative hearing officer or court of competent a
29 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall
30 neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance,
31 or any remaining part(s)or portion(s)thereof. All other provisions of this ordinance, and remaining part(s)
32 or portion(s)thereof, shall continue unimpaired in full force and effect.
33 U
34 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance U
35 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the M
00
36 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
37 V-
38 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land N
39 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
40
41 Section 8. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
42 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida State
43 Land Planning Agency or Administration Commission finding the amendment in compliance with
44 Chapter 163, F.S., and if challenged until such challenge is resolved.
45
BOCC Ordinance -2022 Page 4 of 5
File 42021-068
Packet Pg. 3698
R.9.a
I Section 9. Inclusion in the Land Development Code. The amendment shall be
2 incorporated in the Monroe County Land Development Code. The numbering of the foregoing
3 amendment may be renumbered to conform to the numbering in the Monroe County Land Development
4 Code.
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 00
00
7 at a regular meeting held on the day of 2022. T-
T-
8
u
9 Mayor David Rice U
10 Mayor Pro Tern Craig Cates
11 Michelle Coldiron
12 James K. Scholl
13 Holly Merrill Raschein
14
15
16 BOARD OF COUNTY COMMISSIONERS 0
17 OF MONROE COUNTY, FLORIDA
18 0
19
20 By: E
21 Mayor David Rice
22 MONR EEO YATTOnN
23 (SEAL) Fare APP�401 TO
PE'TER � CL
24
25 ATTEST: KEVIN MADOK, CLERK ASsI T�PE'TER c�QRR* C
�
26 �at�. __. 8/2/22
27
28 CL
0
29 As Deputy Clerk
30
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00
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BOCC Ordinance -2022 Page 5 of 5
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fey . Y � .,
IyI f� Yfd r 1
2
3 ..
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
704
e
8 To: Monroe County Board of County Commissioners
9
as
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12 From: Michael Roberts, CEP; PWS; Assistant Director—Environmental Resources
13
14 Date: August 1, 2022
15
as
16 Subject: AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
17 COMMISSIONERS AMENDING SECTION 118-12 OF THE MONROE
18 COUNTY LAND DEVELOPMENT CODE TO ALLOW CERTAIN
19 ACCESSORY STRUCTURES WITHIN THE SHORELINE SETBACK; 0
20 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
21 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE E
22 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE E
24 MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
25 EFFECTIVE DATE. (FILE 2021-068)
26 '0
27 Meeting: August 17, 2022
28 04
29 I. REQUEST i
30 i
31 The Monroe County Planning & Environmental Resources Department is proposing an amendment to
32 the Land Development Code to amend Section 118-12 (c) to allow the following within the shoreline
33 setbacks, with certain conditions:
34 • certain accessory structures not exceeding 18 inches in height
35 • at grade decks not exceeding 6 inches in height co
Go
36 • four-foot wide walkway to the shoreline or docking facility CD
37
CD
38 II. BACKGROUND INFORMATION
39
40 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and E
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 LDC, the Planning and
43 Environmental Resources Department identified certain regulations that required revision, including
44 those related to shoreline setbacks. The updated Comprehensive Plan and LDC, for example,
45 unintentionally restricted the ability to develop a paved or decked walkway from a house to a docking
46 facility, fishing, swimming, and other piers, and observation decks. Staff is proposing amendments to
47 provide reasonable access by allowing certain accessory structures within the shoreline setback.
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R.9.b
I Staff is proposing a corresponding amendment to Comprehensive Plan Policy 212.2.4 as well. The
2 subject of this staff report is the proposed amendmentto Section 118-12 of the Land Development Code.
3
4
5
6 Community Meeting and Public Participation
7 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held virtually on October
8 21, 2021 to provide for public input. There were no attendees from the public and three County staff �
9 members.
10
11 Development Review Committee and Public Input a
12 The proposed amendments were reviewed by the Development Review Committee at a regular meeting J
13 on October 26, 2021 There were no members of the public attending, and no additional staff comments U
14 or recommendations were made.
15 W
16 Planning Commission and Public Input
17 The proposed amendments were reviewed by the Planning Commission meeting on January 26, 2022 2
18 and recommended approval of the Ordinance in Planning Commission Resolution P02-22.
19 �
20 Previous County Action
21 On September 2, 2015, the BOCC held public hearings to review and discuss proposed amendments to
22 the Land Development Code to be consistent with the transmitted Monroe County Year 2030
23 Comprehensive Plan, the results of the Comprehensive Plan Technical Document update, the adopted
24 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal Notification Letter.
25 Chapters reviewed at the September hearing included, among others, Chapter 118 - Environmental 2
26 Protection. 0
27
28 On April 13, 2016, at a special public meeting, the Monroe County Board of County Commissioners N
29 adopted the Monroe County Year 2030 Comprehensive Plan, via Ordinance No. 005-2016; and Ni
30 associated Land Development Code amendments via Ordinance 006-2016. Ti
31 Q
32 The corresponding Comprehensive Plan amendment was reviewed by the BOCC at a public hearing on 0
33 April 20, 2022, and the BOCC adopted resolution 137-2022 approving transmittal of the amendment to 0
34 the Florida Department of Economic Opportunity (DEO) for review.
35
36 DEO reviewed the corresponding Comprehensive Plan amendment and issued an Objections, 00
00
37 Recommendations and Comments (ORC) report, received by the County on July 20, 2022. The ORC
38 report stated, "the Department does not identify any objections or comments to the proposed N
39 amendment..." The County has 180 days from receipt of the ORC (until January 15, 2023)to choose to N
40 adopt, adopt with changes, or not adopt the corresponding Comprehensive Plan amendment. A public
41 hearing for adoption is scheduled for August 17, 2022. E
42
43 '
44 111. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
45
46 Propose Amen meat( e etions are �t� c:� t�.����w� a itions are s own in a ��i Ii rl_�°t'i,):
_
47
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R.9.b
I Section118-12 Shoreline Setback.
2
3 (c) Accessory structures. Accessory structures, as defined in Section 101-1, within the shoreline
4 setback shall be constructed at a foundation height not to exceed 18 inches above existing grade
5 and shall meet the following design criteria:
6 (1) Along lawfully altered shorelines adjacent to manmade canals, channels, and basins:
7 a. In no event shall the total, combined area of all structures occupy more than 60 percent
8 (60%) of the upland area of the required 20-foot shoreline setback. T_
It-
9 Accessory structures, including, but not limited to, pools, spas, and any screen enclosure
10 over pools or spas shall be setback a minimum of ten(10)feet, as measured from the MHW M
ruuu°��ur , u�u� �� �. „raury �uu°��uru„,
c,
11 me. With dig �.x�°ur, tuQur....Qu6 docks, ��ru'. u.rau��iQur �°Qutrau ��. ....
d 6u onl r."u a(je:
12 Q � 4 f"�� uVfl ....11 iticll6 w iu. �a w .6 w�u f..
o13 ther
iuiuu��um ��o�� listed� �� uQur�u r „ ssu,ti)au° ,
id atly gu ' site di su➢ a gu r..
. Qua;;it uQuu�rr.tiuu lli Jim, ��ru;� � Qur.��;i to �wa�� � u6 � �� ��r�uu,��uuu a�
14 (i( 6
�" :u6 ��Quu�urw���u�:v �
a�
15 From �ig ssu.ui)Ject parcel ie...accordati e with i*it!odour 114 3,. �
16 rrrn gli ass u assurlwu d Fh)III &]-ad u]r������y. iuu Puy rrulrnutte,.. ,�� r."u.�u,�;iu decks ra:��...� ��� u, �uu�y 1�..�u�u iuu,�...uu� iuu i.
17 Withitl the shoreline sset uuic ' structure u u�ss situated ted at least Q tle (1( �'oot 6ro l the.. I i
18 Quid atly gu 'f it uii.ir iu��Igg g ��oralwate From m the iuuiupec ,I ce] 0
� uu uQuuui�u�ukuuuwu�iuµ to �r LO
19 iu�
... .. �u a tioti 1 14::.3� 0
20 (2) Along open water shorelines not adjacent to manmade canals, channels, or basins, and which
21 have been altered by the legal placement of fill, and where a mangrove fringe of at least ten 0
22 (10)feet in width exists, or native vegetation exists or is planted and maintained in a ten-foot
23 (10) width across the entire shoreline of the property and is placed under a grant of
24 conservation easement running in favor of the County:
25 a. In no event shall the total combined area of all structures occupy more than 30 percent 2
26 (30%) of the shoreline setback required for the principal structure. 0
o �
27 :u. Accessory structures, 4ie:p.wiuflutug blew .��(4 Nu it 4eufl toy iueok. MPH!"i...Wit'l 'uruv sefeeti efiek) Offe
28 uweu: pook oF sp us....other than docks and erosion control structures shall be set back a N
29 minimum of 15 feet as measured from the MHW line or the landward extent of the NI
30 mangroves, whichever is farther landward, and shall be located in upland areas. AtI
i
31 ...�uu �� ur �iiii u�u ��u 6 �r � rn �.xurnu Four � Uu�w��u �...���y.�. 0 tot he r uru �.r. 0 or do kra Q
32 (Iu a iiy a Q2fl ,!!-Itcted ur Stu,°u Quuu au u With..
S tuQur ll 0
u�ru 1�... � rui Walkway �,u�� uu..
C,
33 O u�r a pu�d u�r ll(D(D iru�u�r Feet
notiad�acent t:.�.. �34 3 Alongopen water shoreline o manmade canals, channels, or basins, and which
35 have been altered by the legal placement of fill, and where no mangrove fringe exists, and no
LO
36 conservation easement of native shoreline vegetation exists pursuant to Section 118- 00
00
37 12(b)(4)b:
38 a. In no event shall the total combined area of all structures occupy more than 30 percent N
39 (30%) of the shoreline setback required for the principal structure. N
40 b. Accessory structures, 4iehi4�iti r; 11� tlo� to; [')oO�S; SINis; M*I &Itly S°Feen 4?neWSI)Fe des
41 uureu po ok, of. u�u�ru�, other than docks and erosion control structures, shall be setback at least E
42 half the distance of the setback required for the principal structure, or 15 feet, whichever is
43 greater, as measured from the MHW line, and shall be located in upland areas. Ati.
r w 6
Fora lkwlly. a Quu�u�uru�uu�y iuu uiev jop �!
� �u u i��uQuu� �iur�ii iuu urr���uiu .�ru ��maximum a��uu Foot rvuuiu .
45 area to a dock or winter access structure 6;otis rl;u6'.'ted itl a4"G OT(latice With se4"tiotl 1.1 ...
46
47 (4) Along unaltered or unlawfully altered shorelines:
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R.9.b
I a. In no event shall the total combined area of all structures occupy more than 30 percent
2 (30%) of the shoreline setback required for the principal structure.
3 b. Accessory structures °
4 uur u: [,)o is oF s pis other than docks and erosion control structures, shall be set back a
5 minimum of 25 feet, as measured from the MHW line or the landward extent of the
6 mangroves, whichever is farther landward, and shall be located in upland areas. Ati,
xu°u .� Qur �iu �� �uuurn � iu 6a;r � urn.��
00
8 area to a dock o11. °water access,ess, structure 4".,oti wt11.uct d itl a G ol-datice With. ue4 tiotlI 118 �
9
10
11 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
12
13 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
14 158(d)(7)(b):
15
16 1. Changed projections (e.g., regarding public service needs) from those on which the text or
17 boundary was based; 2
18 N/A a
19 en
20 2. Changed assumptions (e.g., regarding demographic trends);
21 N/A
22
23 3. Data errors, including errors in mapping, vegetative types and natural features described in
24 volume 1 of the plan;
25 N/A g
26 0
27 4. New issues;
28 The County is proposing text amendments to the Monroe County 2030 Comprehensive Plan N
29 Policy 212.2.4 to provide reasonable access by allowing certain accessory structures within the Ni
30 shoreline setback The proposed text amendments to Sections 118-12 are necessary to be Too
31 consistent with the proposed comprehensive plan amendment. Note, Sections 163.3194 and
32 163.3201, F.S., require land development regulations to be consistent with and implement the 0
33 Comprehensive Plan.
34
35 5. Recognition of a need for additional detail or comprehensiveness; or
36 00
37 The proposed amendments address unintentional restrictions on accessory structures in the
T-
38 shoreline setback. N
39 N
40 6. Data updates;
41 N/A E
42
43 '
44 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
45 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
46
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I A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
2 County 2030 Comprehensive Plan. Specifically,it furthers:
3
4 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
5 County residents and visitors, and protect valuable natural resources.
6
7 GOAL 212: Monroe County shall prioritize shoreline land uses and establish criteria for shoreline c
8 development in order to preserve and enhance coastal resources and to ensure the continued economic viability 00
9 of the County.
10
11 Objective 212.2
12 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff a
13 impacts, aesthetic impacts, and hydrologic impacts of shoreline development. U)
14
15 Policy 212.2.2: Within one (1)year after completion of the evaluation in Policy 212.2.1,the existing setbacks
16 in the Land Development Code may be revised as deemed appropriate based upon findings of this review.
17 The setbacks currently in use may be relaxed only through the Special Approval process in Policy 212.2.4.
18 Existing setbacks are as follows:
19 1. twenty(20)feet from the mean high water(MHW) line of manmade water bodies and/or lawfully altered 0
20 shorelines of natural water bodies;
21 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines,
22 measured from the landward limit of mangroves,if any,and where mangroves do not exist,from the mean
23 high water(MHW) line; and
24 3. fifty (50) feet from any shoreline area which is known to serve as an active nesting or resting area fi r
25 marine turtles, crocodiles,terns,gulls and other birds. [§163.3178(2)(g), F.S.] E
26
27 Policy 212.2.3:The definitions for the terms "altered shoreline" and "unaltered shoreline" are as follows:
28 1. altered shorelines are generally located directly along dredged canals, basins and channels and/or have 0
29 been filled or vertically bulkheaded to such a degree that the original natural slope landward of the water
d
30 is no longer present.
31 2. unaltered shorelines are generally located along natural non-dredged waterways and open water and have Ni
32 a sloping profile typical of the original natural conditions of the shoreline even though fill or riprap may
33 be present. oo
34
35 Policy 212.2.4:Permitted uses and performance standards within the shoreline setback shall be as follows: 0
36 Except as provided herein,principal structures shall be set back as follows:
37 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures
38 shall be set back at least twenty(20) feet as measured from the mean high water(MHW) line;
39 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less than 00
40 4,000 square feet that are developed with a lawfully established principal use, the required setback may
41 be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community N
42 character and minimize environmental impacts by maintaining open space and protecting shoreline cN
43 vegetation.
44 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been
45 altered by the legal placement of fill:
46 a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the
47 property,principal structures shall be set back at least thirty(30)feet as measured from the mean high
48 water(MHW) line or the landward extent of the mangroves,whichever is further inland.
49 b. Where no mangrove fringe exists,principal structures shall be set back at least thirty (30) feet from
50 the mean high water(MHW) line,provided that native vegetation exists or is planted and maintained
51 in a ten(10) foot width across the entire shoreline as approved by the County Biologist, and is placed
52 under conservation easement;otherwise the setback shall be fifty(50)feet as measured from the mean
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I high water(MHW) line.
2 c. On infill lots surrounded by significant development where principal structures are set back less than
3 fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the Director of
4 Planning and Environmental Resources may evaluate the community character, the presence or
5 absence of environmental features, and the setbacks on adjacent developed properties within two
6 parcels on either side of proposed development, and may allow principal structures to be set back as
7 far as practicable or in line with adjacent principal structures. In no event shall the setback be less
CN
8 than twenty (20) feet. On shorelines where the existing pattern of setback is greater than thirty (30) "
00
9 feet, the greater setback shall apply.
10 4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty (50) feet as
11 measured from the mean high water(MHW) line or the landward extent of the mangroves, whichever is
12 further landward;
13
U)
14 Accessory structures within the shoreline setback shall be designed to meet the following criteria:
15 1. Along altered shorelines,including manmade canals, channels, and basins:
16 a. In no event shall the total, combined area of all structures occupy more than sixty(60)percent of the
17 upland area of the shoreline setback;
18 b. Accessory structures, including, pools and spas shall be set back a minimum of ten (10) feet, as E
19 measured from the mean high water(MHW) line;
20 2. Along open water shorelines which have been altered by the legal placement of fill,and where a mangrove a
21 fringe of at least ten(10) feet in width occurs across the entire shoreline of the property: 0
22 a. In no event shall the total, combined area of all structures occupy more than thirty(30)percent of the
23 upland area of the shoreline setback;
24 b. Accessory structures other than docks and erosion control structures shall be set back a minimum of
25 fifteen (15) feet, as measured from the mean high water (MHW) line or the landward extent of the
26 mangroves,whichever is further landward;
27 3. Along unaltered shorelines: 0
28 a. In no event shall the total, combined area of all structures occupy more than thirty(30)percent of the C
29 upland area of the shoreline setback; 'a
30 b. Accessory structures other than docks and erosion control structures shall be set back a minimum of <
31 twenty-five (25) feet, as measured from the mean high water(MHW) line or the landward extent of N
32 the mangroves,whichever is further landward;
33 i
34 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
35 Area, Section 380.0552(7), Florida Statutes. 0
36
37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
38 principles for guiding development and any amendments to the principles, the principles shall be construed
39 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 00
40
41 (a) Strengthening local government capabilities for managing land use and development so that local N
42 government is able to achieve these objectives without continuing the area of critical state concern CN
43 designation.
44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, E
45 wetlands, fish and wildlife, and their habitat.
46 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
47 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
48 their habitat.
49 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
50 development.
51 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
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I (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
2 ensuring that development is compatible with the unique historic character of the Florida Keys.
3 (g) Protecting the historical heritage of the Florida Keys.
4 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
5 public investments,including:
6
7 1. The Florida Keys Aqueduct and water supply facilities;
8 2. Sewage collection, treatment, and disposal facilities;
00
9 3. Solid waste treatment, collection, and disposal facilities;
10 4. Key West Naval Air Station and other military facilities;
11 5. Transportation facilities;
12 6. Federal parks,wildlife refuges, and marine sanctuaries; a
13 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
U)
14 8. City electric service and the Florida Keys Electric Co-op; and
15 9. Other utilities, as appropriate.
16
17 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and a�
18 replacement of stormwater management facilities; central sewage collection; treatment and disposal
19 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
20 disposal systems.
21 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 0
22 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
23 applicable, and by directing growth to areas served by central wastewater treatment facilities through
24 permit allocation systems.
25 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
E
26 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
27 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 0
28 manmade disaster and for a postdisaster reconstruction plan. C.
29 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
30 Florida Keys as a unique Florida resource. <
31 �
32 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the I�
33 Principles for Guiding Development as a whole and is not inconsistent with any Principle. V_i
34 Q
35 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). 0
36 Specifically, the amendment furthers:
37
38 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be consistent with the
39 adopted comprehensive plan, or element or portion thereof, and any land development regulations 00
40 existing at the time of adoption which are not consistent with the adopted comprehensive plan,or element
41 or portion thereof, shall be amended so as to be consistent. If a local government allows an existing land
42 development regulation which is inconsistent with the most recently adopted comprehensive plan, or CN
43 element or portion thereof, to remain in effect, the local government shall adopt a schedule for bringing
44 the land development regulation into conformity with the provisions of the most recently adopted E
45 comprehensive plan,or element or portion thereof.During the interim period when the provisions of the U
46 most recently adopted comprehensive plan, or element or portion thereof, and the land development
47 regulations are inconsistent,the provisions of the most recently adopted comprehensive plan,or element
48 or portion thereof, shall govern any action taken in regard to an application for a development order.
49
50 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
51 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in
52 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
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I waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of
2 regulations for the development of land or the adoption and enforcement by a governing body of a land
3 development code for an area shall be based on, be related to, and be a means of implementation for an
4 adopted comprehensive plan as required by this act.
5
6 163.3202(l),F.S.—Land development regulations. Within 1 year after submission of its comprehensive plan
7 or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality
8 shall adopt or amend and enforce land development regulations that are consistent with and implement
00
9 their adopted comprehensive plan.
10
11
12 VI. PROCESS
13 U)
14 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
15 Planning Commission,the Director of Planning,private application, or the owner or other person having
16 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
17 shall review and process applications as they are received and pass them onto the Development Review
18 Committee and the Planning Commission. 2
19
20 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 0
21 the application, the reports and recommendations of the Department of Planning & Environmental
22 Resources and the Development Review Committee and the testimony given at the public hearing. The E
23 Planning Commission shall submit its recommendations and findings to the Board of County
24 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed E
25 amendment, and considers the staff report, staff recommendation, Planning Commission
26 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
0.
27 amendment based on one or more of the factors established in LDC Section 102-158(d)(7). 0
28
29 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited N
30 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public I�
T-
31 hearings on the proposed ordinance. l
32
33 VII. STAFF RECOMMENDATION 0
34
35 Staff recommends approval of the proposed amendment, contingent on adoption and
36 effectiveness of the corresponding amendment to Comprehensive Plan Policy 212.2.4.
®0
c�
c�
c�
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Planning & Environmental Resources Department
.. � We strive to be Cann(y professional and fair
a„
✓/ / // �/ r r �i���' r)%Illy, r �'� �p /rJ �/
J / %f- /r
/ C 'iiiiuuuuuiuuuulu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuiuu»»»��rrrrn���iuuuuuuuuuuuuiuiaiiiiiiiiiiia�;ii���,,, ��i/iiaaiiiiairrr�u r �uk��i�uuuuuuuu�ifuuuuuuu i �,
/J
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AN ORDINANCE BY THE MONROE COUNT, B
OF COUNTY COMMISSIONERS 'AMENDIN
118-12 OF THE MONROE C,O TY L NO
DEVELOPMEI CODE
August 17, 2022
Michael Roberts CEP PWS CFM
Assistant Director/Environmental Re ces
Planning nvironental Resources Department
.. � We strive to be Cann(y professional and fair
bb 1
AMENDMENTS TO THE MONRO COUNTY <,
LAND DEVELOPMENT CODE S ,CTION 11$
r
iiiiuuuuuiuuuulu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiuuiuu»»»��rrrrn���iuuuuuuuuuuuuiuiaiiiiiiiiiiia�%;ii���,, , /,���/�i�iO�i/0/��ii�amaUlu+k�tt�N�u�ij�Si1»luuuuuufifuuuuuuu�i � i
AN ORDINANCE BY THE MONROE COUNTY BOARD`' OF� COUTY`
, l
COMMISSIONERS AMENDING SECTION 118-12 OF THE MONROE COUNTY'
LAND DEVELOPMENT CODE TO ALLOW CERTAIN ACCESSOR
STRUCTURES WITHIN THE SHORELINE SETBACK,; PROVIDING FOR 1
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 LAND DEVELOPMENT COIE*/
PROVIDING FOR AN EFFECTIVE DATE.
(FILE 2021-068)
Planning nvironental Resources Department
.. � We strive to be Cann(y professional and fair
AMENDMENTS TO LDC SECTIO,N, ,; '118-12
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See. 118-12. Shoreline Setback.
c) Accessory structures.
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(1)Along lawfully altered shorelines adjacent to manmade canals, channels,-"-and basins:
b. Accessory structures, including, but not limited to, pools, spas, and any screen
enclosure over pools or spas shall be set bacic a minimum of ton 10 feet as
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measured from the MHw line. With the exC`gV1,,: l erosion Coll.
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shoreline setback i the structure � t ,t t �- tleast � t
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tine and constructedto avoid, a off-site it har c st trot t
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AMENDMENTS TO LDC SECTIQN 118-12
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118-12 c 1 �r
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P ern-iitted within the shoreline setback if the structure s situated at le e,
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ccordance
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AME DME T T LD E TI , ,, 11 -12
N N S O C S C QN 8
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118-12(c) l�
2. Along open o water shorelines not adjacent to manmade canals, channels,, or basins and
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which have been altered by the legal placement of fill, and where a mangrove fringe of at
least ten (10) feet in width exists, or native vegetation exists or is planted and. maintained
in a ten-foot (10) width across the entire shoreline of the property and is placed under a
grant of conservation easement running in favor of the County.
b. Accessory structures,
other than docks and erosion control structures shall' be
set back a minimum of 15 feet as measured from the MHW line or the landward;;
extent of the mangroves, whichever is farther landward, and shall be located,, in
upland areas t o s ib � ` s i � � � fi t laic
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AMENDMENTS TO LDC SECTIQ.N 119-12
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110QQ
-12(c)
3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which have been altered by the legal placement 'f fill, and where no mangrove fringe ,
exists, and no conservation easement of native shoreline vegetation exists pursuant to
Section 118-12(b)(4)b:
b. Accessory structures, ;
, other than docks and erosion control structures, shall be
set back at least half the distance of the' setback required for the principal structure, c
15 feet, whichever is greater, as measured from the MHW line, and shall be lotsjir
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in upland areas. c hall, b : � Ins : i t o
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accordance with Section 1. 18-42(11,1
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AMENDMENTS TO LDC SECTI % 118-12
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118-12 c
4) Along unaltered or unlawfully altered shorelines:
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b. Accessory structure`s,
other than docks and erosion control structures, shall be
set back a minimum of 25 feet, as measured from the MHw line or the landward
extent of the mangroves, whichever is farther landward, and shall be located, ,in
upland areas : de i a our o f c
deveto ed area to a dock or water access str"tw lw'e cons"tr uct 011111",dIr'MY111"111,
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Staff Recommendations:""
Staff recommends approval of the ro „ose/ amendmer
on adoption and effectiveness of the corres ondin ,amfde.....
Plan
Comprehensive Pl a o Policy 212.2.4.
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