Item S1 S.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: S.1
Agenda Item Summary #11201
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance Proposing
Amendments to Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, Related to Elevation of
Existing Residential Dwelling Units.
ITEM BACKGROUND:
On March 16, 2022, the Monroe County Board of County Commissioners ("BOCC") held a public
hearing to consider transmittal to the State Land Planning Agency of the County's Evaluation and
Appraisal ("EA") amendments to the Monroe County Year 2030 Comprehensive Plan. During that
hearing, staff requested that proposed creation of Policy 101.5.34 and amendments to Policy 101.9.4
related to the elevation of lawfully existing residential dwelling units be continued to the April 20,
2022, BOCC meeting and be transmitted as a separate ordinance, in order to allow for additional
revisions and coordination with the Monroe County Land Authority ("MCLA" - administering the
FEMA home elevation grant program) and the Florida Department of Economic Opportunity
("DEO").
On April 20, 2022, the Monroe County Board of County Commissioners ("BOCC") held a public
hearing and approved transmittal to the State Land Planning Agency of the amendments creating
Policy 101.5.34 and amending Policy 101.9.4 of the Monroe County Year 2030 Comprehensive Plan
related to the elevation of lawfully existing residential dwelling units.
The DEO reviewed the amendment and issued an Objections, Recommendations and Comments
("ORC") report, received by the County on July 19, 2022. The ORC report stated, "The Department
does not identify any objections or comments on the proposed amendment." The County has 180
days from the date of receipt of the ORC to adopt the proposed amendment, adopt the amendment
with changes or not adopt the amendment.
Proposed amendments:
Policy 101.5.34
Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4,
and Chapters 118 and 130 of the Land Development Code, and the minimum required
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setbacks in Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development
Code, a lawfully-existing residential dwelling unit, not including mobile homes, may be
elevated above base flood level (design flood elevation) to reduce flood damage
_pursuant to:
• The lawfully-existing dwelling unit structure is elevated within the on_ig nal
(lawfully-existing,) footprint of the structure.
• Setbacks and land use open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet or
exceed flood levels. The necessary improvements are limited to ingress/egress_
structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be
the minimum necessary to provide access to the structure that is in compliance
with fire code requirements.
• Side and rear setback and open space requirements are waived to allow accessory
elevated platforms above base flood for equipment (mechanical, plumbing and
electrical systems, appliances and components) situated at least two (2) feet from
the side yard property line or at least five (5) feet from the rear yard property line.
• Maximum possible shoreline setbacks and open space are to be maintained, and in
no event shall a required shoreline setback be reduced to less than ten (10) feet
from mean high water except to accommodate the lawfully existing _footprint of
the structure to be elevated.
• The improvements shall be constructed to avoid off-site discharge of stormwater
from the subject parcel, in accordance with Section 114-3 of the Monroe County
Land Development Code.
• Development shall maintain compliance to the maximum extent practicable, as
determined by the Planning Director.
• This Policy does not waive any required minimum vegetated setbacks adjacent to
wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any
encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other additions or
improvements to the elevated dwelling unit, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity or cause
a further violation to an existing nonconformity.
• New construction or reconstruction of single-family dwelling units shall comply
with the setback and open space provisions set forth in Policy 101.5.25, Policy
212.2.4, and in Chapters 118, 130, and 131 of the Monroe County Land
Development Code.
Policy 101.9.4
With the following exception, nonconforming structures which are damaged or destroyed
so as to require substantial improvement shall be repaired or restored in conformance
with all applicable provisions of the current Monroe County Code. Substantial
improvement or reconstruction of nonconforming single-family dwelling units homes
shall comply with the setback and open space provisions set forth in Policy 101.5.25 and
in Chapters 130 and 131 of the Monroe County Land Development Code except where
strict compliance would result in a reduction in lot coverage as compared to the pre-
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destruction footprint of the dwelling unit heuse. In such cases, the previously approved
open space ratio shall be applied; and the maximum shoreline setback shall be maintained
and in no event shall the shoreline setback be less than ten (10) feet from mean high
water.
To further post disaster recovery and resiliency, notwithstanding the open space
provisions set forth in Policy 101.5.25, Policy 212.2.4, and Chapters 118 and 130 of the
Land Development Code and the minimum required setbacks in Policy 212.2.4, and
Chapters 118, 130, and 131 of the Land Development Code, a nonconforming lawfully-
existing residential dwelling unit, not including mobile homes, may be retrofitted to
elevate the structure above base flood level (design flood elevation) to reduce flood
damage,pursuant to:
• The lawfully-existing dwelling unit structure may maintain its existing setbacks
and open space, even if nonconforming, provided the structure is elevated within
the original_ (lawfully-existing) footprint of the structure.
• Setbacks and land use open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet or
exceed flood levels. The necessary improvements are limited to ingress/egress
structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be
the minimum necessary to provide access to the structure that is in compliance
with fire code requirements.
• Side and rear setback and open space requirements are waived to allow accessory
elevated platforms above base flood for equipment (mechanical, plumbing and
electrical systems, apliances and components) situated at least two (2) feet from
the side yard property line or at least five (5) feet from the rear yard property line.
• Maximum possible shoreline setbacks and open space are to be maintained, and in
no event shall a shoreline setback be less than ten (10) feet from mean high water
except to accommodate the lawfully existing footprint of the structure to be
elevated.
• The improvements shall be constructed to avoid off-site discharge of stormwater
from the subject parcel, in accordance with Section 114-3 of the Monroe County
Land Development Code.
• This Policy does not waive any required minimum vegetated setbacks adjacent to
wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any
encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other additions or
improvements to the elevated dwelling unit, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity or cause
a further violation to an existing nonconformity.
On August 17, 2022, the BOCC approved Ordinance 013-2022, adopting the initial portion of the
County's Evaluation and Appraisal ("EA") amendments to the Monroe County Year 2030
Comprehensive Plan. The full staff report from the August 17, 2022, adoption hearing is attached.
Staff is proposing the amendments above in order to better accommodate the needs of existing
residential structures for which elevation above required flood heights has been determined to be
Packet Pg.4839
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feasible. Such retrofitting of existing construction allows the homeowner to reuse materials, energy,
and other resources expended in the original construction of the home; offers solutions to
homeowners that may be more economically advantageous than complete reconstruction; and
encourages property owners to make their homes more resilient to storm events and sea level rise.
hffornuiti oti bc�ow fi Htic as Item �,I icl�guTomicl 1 rrom tVic Ai�gi.w �7, 2022, d`iffl LA miencla ient
Monroe County must complete amendments to reflect and satisfy changes in statutory requirements
as Evaluation and Appraisal ("EA") amendments which are required to be transmitted to the
Department of Economic Opportunity ("DEO") by April 22, 2022. If the County fails to update the
Comprehensive Plan pursuant to EA requirements, it cannot amend the Comprehensive Plan until
such time as it complies with the EA requirements.
The Monroe County Planning and Environmental Resources Department is proposing Evaluation
and Appraisal ("EA") amendments to the 2030 Comprehensive Plan to update the Comprehensive
Plan to reflect changes in statutory and rule requirements; to update deadlines within the
Comprehensive Plan, to eliminate accomplished or obsolete provisions, to make corrections to text
and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions and
recent data, trends, issues and challenges.
Monroe County's previous Evaluation and Appraisal Report ("EAR") was adopted by the Monroe
County Board of County Commissioners ("BOCC") on May 22, 2012 via Resolution No. 150-2012.
The County prepared Comprehensive Plan amendments in accordance with the 2012 EAR.
After statutory updates to Florida Statute Section 163.3191, DEO revised the Monroe County
evaluation and appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida
Administrative Code ("F.A.C."). On April 23, 2014, the BOCC approved the EAR Notification
Letter to DEO which specified the necessary Plan amendments required to reflect changes in
requirements in state statutes. The County prepared Comprehensive Plan amendments in accordance
with the 2014 EAR notification letter.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-
2016, which included the County's EAR-based amendments. The Monroe County Year 2030
Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO website
on June 20, 2016.
Monroe County must evaluate its Comprehensive Plan every seven (7) years and determine if Plan
amendments are necessary to reflect changes in state requirements (i.e., does the County need to
update its Comprehensive Plan to satisfy statutory requirements).
163.3191 Evaluation and Appraisal of Comprehensive Plan.—
(])At least once every 7 years, each local government shall evaluate its comprehensive plan
to determine if plan amendments are necessary to reflect changes in state requirements in
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this part since the last update of the comprehensive plan, and notes the state land planning
agency as to its determination.
(2) If the local government determines amendments to its comprehensive plan are necessary
to reflect changes in state requirements, the local government shall prepare and transmit
within I year such plan amendment or amendments for review pursuant to s. 163.3184.
(3) Local governments are encouraged to comprehensively evaluate and, as necessary,
update comprehensive plans to reflect changes in local conditions. Plan amendments
transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4).
(4) If a local government fails to submit its letter prescribed by subsection (1) or update its
plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it
complies with this section.
(S) The state land planning agency may not adopt rules to implement this section, other than
procedural rules or a schedule indicating when local governments must comply with the
requirements of this section.
The professional staff of the Monroe County Planning and Environmental Resources Department
conducted a review of the changes to the Florida Statutes (2012-March 2021) and determined two
(2) amendments to its Comprehensive Plan were necessary to reflect changes in state requirements
for the Peril of Flood legislation (F.S. Section 163.3178(2)(f)) and the revision of the definition of
the term `development' (F.S. Section 380.04; F.S. Section 163.3221; and referenced in F.S.
163.3164(14)). Excerpts of the changes to the pertinent statutory provisions are provided below. The
associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are attached as
Exhibit 4.
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
Section 163.3178, Coastal Management Element(Chapter 2015-69, section 1, Laws of Florida)
• Adds a recprriireriient thrat tlhe iredevellopri)eint coiiil)orrent of the Coastal Mainageriierrt
Peniieint MUSt:
• Reduce,the,flood risk in coastal areas that resullt front INigh tide events, storm
Surge,flash,floods„ stoirmwater runoff, arucll the rellated limpacts of sea Revell rise.
• Encourage reniovall of coa,stall ui propeirty from FEMA flood zone designations.
• Be conslkterot With or more stringent tharr the flood ireslktaint construction
reclWrements in the FlmJda IBuilldiing Code and federal flood Ip)llalin mianagement
rergullatiions.
• Reclulire corrstrUctiion seaward of the coastal con stir uctlion control lime to be,
consistent with chapter 161, FllorlWa Statutes.
• Encourage local governinmerots to partic.lipate in the, National Flood InSUranc:e
Rrogranm Conirrrluniity Rating System to achieve flood iinsuuance prenIliunl discourIts
for their u'eslicle rrts.
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Art;
definitions(Chiaipter 2013-34, section 1, Laws of Florida)
• Amends the definition of"development"to exclude work by electric utility providers on
utility infrastructuire on certain rights-of-way or corridors and the creation or termination
of distribuition andl transmission corridors,
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At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO with the two identified required updates and
other potential updates to the Comprehensive Plan, which were not required and do not get included
in the notification letter to DEO, but have been found by staff to be needed, such as:
1) Update the Rule 28-20 references within the comprehensive plan to reflect the recently
adopted Administration Commission Rule 28-20.140, F.A.C., with the updated Work
Program (mainly canal restoration work program).
2) Update the County's Coastal High Hazard Area ("CHHA") depiction on the Future Land
Use Maps with the updated Florida Department of Emergency Management's SLOSH
modeling.
3) Extending the deadlines (or eliminating) within the comprehensive plan (policies stating
"within X years after the adoption of the comprehensive plan" where the deadline has
already passed); and
4) General text updates, corrections to text and removing grammatical errors and clean-up of
policies
On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's
Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the
necessary Plan amendments required to reflect changes in requirements in the Florida Statutes: 1)
Update Comprehensive Plan to address the Peril of Flood legislation and 2) Update Comprehensive
Plan definition of the term `development.'
Pursuant to Florida Statute Section 163.3191, and Rule 73C-49, F.A.C., Monroe County's current
evaluation and appraisal notification letter deadline to DEO was May 1, 2021. The County
transmitted its evaluation and appraisal (EA)notification letter to DEO on April 21, 2021.
On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of
Florida (HB 59) went into effect requiring adoption of a property rights element "by the earlier of
the date of its adoption its next proposed plan amendment that is initiated after July 1, 2021, or the
date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section
163.3191, Florida Statutes." The proposed County EA amendments will address this additional
statutory requirement. The associated Laws of Florida for this update is also included within Exhibit
4.
Community Meeting and Public Participation
In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a Community Meeting
was held on October 14, 2021, to provide for public input. There was one (1) member of the public
in attendance.
Development Review Committee and Public Input
The Monroe County Development Review Committee considered the proposed amendment at a
regular meeting on November 15, 2021, and received public input.
Planning Commission and Public Input
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The Monroe County Planning Commission considered the proposed amendment at a regular meeting
on January 26, 2022, provided for public input, and recommended approval with proposed changes
to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh rabbit habitat and buffer area
within the MIAI boundary and to Objective 108.1 to add the County will encourage effective
communication and coordination with Naval Air Station Key West and the other military
activities/facilities within unincorporated Monroe County.
------------------
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them on to the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one (1)public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Monroe County Planning and
Environmental Resources Department and the Development Review Committee and the testimony
given at the public hearing. The Planning Commission shall submit its recommendations and
findings to the Board of County Commissioners. The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the Monroe County
Planning and Environmental Resources Department's professional staff report, professional staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments ("ORC") Report. 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.
PREVIOUS RELEVANT BOCC ACTION:
The County's previous Evaluation and Appraisal Report (EAR) was adopted by the BOCC on May
22, 2012 via Resolution No. 150-2012.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-
2016, which included the County's EAR-based amendments.
At the February 17, 2021 BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO.
On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's
Evaluation and Appraisal Notification Letter to DEO.
On March 16, 2022, the BOCC held a public hearing to consider transmittal to the State Land
Planning Agency of the EAR-based amendments to the Monroe County Year 2030 Comprehensive
Packet Pg.4843
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Plan, and, during that hearing, continued the hearing for proposed changes to Policy 101.5.34 and
Policy 101.9.4 related to the elevation of lawfully existing residential dwelling units to the April 20,
2022 meeting.
On April 20, 2022, the Monroe County Board of County Commissioners held a public hearing to
consider the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to
elevation of existing dwelling units, and adopted Resolution 138-2022, approving transmittal of the
proposed amendments to DEO.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance -Policy 101.5.34 and 101.9.4 Elevation of Existing Dwellings
2021-129 SR BOCC 08.17.22
2021-129 BOCC Reso 138-2022
2021-129 MONROE COUNTY 22-04ER(ORC)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No.
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 10/03/2022 2:16 PM
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Peter Morris Completed 10/04/2022 3:22 PM
Purchasing Completed 10/04/2022 3:25 PM
Budget and Finance Completed 10/04/2022 3:32 PM
Brian Bradley Completed 10/04/2022 3:47 PM
Lindsey Ballard Completed 10/04/2022 3:48 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS >
7
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE 0
11 PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
12 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN
13 SPACE REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING
14 RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED
15 AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE
16 MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN a
17 LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 0
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING U)
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO
21 AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
22 PROVIDING FOR AN EFFECTIVE DATE.
23
24
25 WHEREAS, Monroe County may, pursuant to Article 8 of the Florida Constitution and Florida x
26 Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and -
27 visitors to the County; and
28
29 WHEREAS, on April 15, 1993, the Monroe County Board of County Commissioners ("BOCC",
30 "Monroe County", or the "County") adopted the 2010 Monroe County Comprehensive Plan; as amended W
31 pursuant to Department of Community Affairs Rule 91-14.022, Florida Administrative Code ("F.A.C.' �?
32 on January 4, 1996, and adopted by F.A.C. Rule 28-20.100 Part I, January 2, 1996 and Part II, July 14,
33 1997; and
34
35 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
36 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
37 comprehensive plans to reflect changes in local conditions; and
38 2
39 WHEREAS, on August 18, 2004, the Monroe County Board of County Commissioners adopted
40 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute Section 163.3191, for the 2010
41 Monroe County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in a
42 accordance with the 2004 EAR; and E
43
44 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via zi
45 Resolution No. 150-2012 adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida
46 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted a
1 of 7
Packet Pg.4846
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I Comprehensive Plan amendments in accordance with the 2012 EAR; and
2 0
3 WHEREAS, after statutory updates to Florida Statute Section 163.3191, the Department of a
4 Economic Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter 0
5 deadline to May 1, 2014, in Rule 73C-49, F.A.C.; and
6 >
7 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved 2
8 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect a
9 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments 2
CL
10 in accordance with the 2014 EAR notification letter; and
11 �
12 WHEREAS, on April 13,2016,the Monroe County Board of County Commissioners adopted the
13 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the
14 County's EAR-based amendments; and U)
15
16 WHEREAS,the 2030 Monroe County Comprehensive Plan became effective upon the posting of a
17 the Notice of Intent on the DEO website on June 20, 2016; and C.
18 U
19 WHEREAS, pursuant to Florida Statute Section 163.3191, Monroe County must evaluate its U)
20 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes
21 in state statutory and/or state administrative code requirements; and
22
23 WHEREAS,pursuant to Florida Statute § 163.3191, and Rule 73C-49,F.A.C., Monroe County's 0
24 evaluation and appraisal notification letter deadline to DEO was May 1, 2021; and
25 w
26 WHEREAS, on April 21, 2021, the Monroe County Board of County Commissioners approved -
27 transmittal of the County's evaluation and appraisal ("EA")notification letter to DEO; and a
28
29 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 EA
30 notification letter, including amendments to address the Peril of Flood state legislation, an update to the W
31 definition of the term `development,' and amendments to address the now statutorily required Property �?
32 Rights Element; and
33
34 WHEREAS, Monroe County is proposing amendments to the Comprehensive Plan to
35 accommodate the needs of existing residential structures for which elevation above required flood heights '
36 has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to T-
37 reuse materials, energy, and other resources expended in the original construction of the home; offers T-
38 solutions to homeowners that may be more economically advantageous than complete reconstruction; and 2
39 encourages property owners to make their homes more resilient to storm events and sea level rise; and
40
41 WHEREAS, the Monroe County Planning and Environmental Resources Department a
42 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment E
43 and to receive public comment; and
44
E
c�
2of7
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I WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
2 considered the proposed amendments at a regularly scheduled duly noticed public meeting held on E
3 November 15, 2021; and a
4 0
5 WHEREAS, on January 26,2022,the Monroe County Planning Commission("PC")held a public 2
6 hearing for the purpose of considering the proposed amendment and provided for public comment; and
7
8 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. P03-22
9 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh 2
10 rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County 0
11 will encourage effective communication and coordination with Naval Air Station Key West and the other <
12 military activities/facilities within unincorporated Monroe County; and
13
14 WHEREAS, on March 16, 2022, the Monroe County Board of County Commissioners held a
15 public hearing, considered the Department's professional staff report, and provided for public comment
16 and public participation in accordance with the requirements of state law and the procedures adopted for a
17 public participation in the planning process; and C.
18 U
19 WHEREAS, at the March 16,2022,public hearing, at the Department professional staff's request, U)
20 the BOCC continued the transmittal hearing,just for the proposed amendments to create Policy 101.5.34
21 and amend Policy 101.9.4 related to elevation of existing dwelling units to the April 20, 2022, public
22 hearing as a separate transmittal to allow for additional coordination and revisions; and
23 �s
24 WHEREAS, at the March 16, 2022, public hearing, the BOCC voted to approval transmittal of
25 the remaining proposed amendments to DEO to review the proposal; and X
26 -
27 WHEREAS, at the March 16, 2022,public hearing,the BOCC adopted Resolution No. 105-2022 a
28 transmitting the remaining proposed text amendments to the State Land Planning Agency without Policycu
29 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling units; and
30 W
31 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners held a 0s
32 public hearing to consider the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 Q
33 related to elevation of existing dwelling units, considered the staff report, and provided for public
34 comment and public participation in accordance with the requirements of state law and the procedures
35 adopted for public participation in the planning process; and
36
37 WHEREAS, at the April 20, 2022, public hearing, the BOCC voted to transmit the proposed T-
38 amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to elevation of existing dwelling 2
39 units to DEO to review the proposal; and
40
41 WHEREAS, at the April 20, 2022, public hearing, the BOCC adopted Resolution No. 138-2022
42 transmitting the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4 related to E
43 elevation of existing dwelling units to the State Land Planning Agency; and
0
44
45 WHEREAS,the State Land Planning Agency reviewed the amendment and issued an Objections,
46 Recommendations and Comments ("ORC")report, received by the County on July 19, 2022; and
3 of 7
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I WHEREAS, the ORC report stated, "The Department does not identify any objections or
2 comments on the proposed amendment"; and E
3 a
4-
4 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed 0
5 amendment, adopt the amendment with changes or not adopt the amendment; and
6 >
7 WHEREAS, on October 19, 2022, the BOCC held a public hearing to consider adoption of the a�
8 proposed Comprehensive Plan text amendment; and
9
10 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 0
11 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of <
12 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
13 development; and
14 U)
15 WHEREAS, based upon the documentation submitted and information provided in the
16 accompanying professional staff report, the Monroe County Board of County Commissioners hereby a
17 makes the following conclusions of law: CL
18 U
19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 U)
20 Monroe County Comprehensive Plan; and
21 2. The proposed amendment is consistent with the Principles for Guiding Development for the
22 Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
23 3. The proposed amendment is consistent with Part 11 of Florida Statutes Chapter 163.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS X
26 OF MONROE COUNTY, FLORIDA: -
27
28 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions
29 of law, and statements of legislative intent and purpose are true and correct and are hereby incorporated
30 as if fully stated herein. W
31 �?
32 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as follows Q
33 (proposed amendments are shown with deletions stricken through and additions are underlined):
34
35 Policy 101.5.34
36 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and V-
37 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in V-
38 Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development Code, a lawfully- 2
39 existing residential dwelling unit,not including mobile homes,may be elevated above base flood
40 level (design flood elevation)to reduce flood damage,pursuant to:
41 • The lawfully-existing dwelling unit structure is elevated within the original_ (lawfully- a
42 existing) footprint of the structure.
43 • Setbacks and land use open space requirements are waived to allow necessary
0
44 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
45 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
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I ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to U)
2 provide access to the structure that is in compliance with fire code requirements. E
3 Side and rear setback and open space requirements are waived to allow accessory elevated a
4 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
5 appliances and components) situated at least two (2) feet from the side yard property line
6 or at least five (5)feet from the rear yard property line.
7 Maximum possible shoreline setbacks and open space are to be maintained, and in no event W
8 shall a required shoreline setback be reduced to less than ten (10) feet from mean high
9 water except to accommodate the lawfully existing _footprint of the structure to be elevatedfootprint of the structure to be elevated.
10 The improvements shall be constructed to avoid off-site discharge of stormwater from the 0
11 subj ect parcel, in accordance with Section 114-3 of the Monroe County Land Development <
12 Code. 9=
13 Development shall maintain compliance to the maximum extent practicable, as determined
14 by the Planning Director.
U,
15 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
16 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a a
17 conservation easement. 0.
18 This Policy does not restrict a property owner from proposing other additions or 0
19 improvements to the elevated dwelling unit, as long as the additions, enlargements, U)
20 expansions, and extensions do not create a nonconformity or cause a further violation to an
21 existing nonconformity.
22 New construction or reconstruction of single-family dwelling units shall comply with the
23 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in 0
24 Chapters 118, 130, and 131 of the Monroe County Land Development Code.
25 w
26
27 Policy 101.9.4
28 With the following exception, nonconforming structures which are damaged or destroyed so as to
29 require substantial improvement shall be repaired or restored in conformance with all applicable
30 provisions of the current Monroe County Code. Substantial improvement or reconstruction of W
31 nonconforming single-family dwelling units nits homes shall comply with the setback and open space �?
32 provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land
33 Development Code except where strict compliance would result in a reduction in lot coverage as
34 compared to the pre-destruction footprint of the dwelling unit heuse. In such cases,the previously
35 approved open space ratio shall be applied; and the maximum shoreline setback shall be
36 maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high
37 water.
38 2
39 To further post disaster recovery and resiliency, notwithstanding the he open space provisions set
40 forth in Policy 101.5.25,Policy 212.2.4, and Chapters 118 and 130 of the Land Development Code
41 and the minimum required setbacks in Policy 212.2.4, and Chapters 118, 130, and 131 of the Land a
42 Development Code, a nonconforming lawfully-existing residential dwelling unit, not including E
43 mobile homes, may be retrofitted to elevate the structure above base flood level (design flood
0
44 elevation)to reduce flood damage,pursuant to:
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I The lawfully-existing dwelling unit structure may maintain its existing setbacks and open
2 space, even if nonconforming, provided the structure is elevated within the original E
3 (lawfully-existing) footprint of the structure. a
4 Setbacks and land use open space requirements are waived to allow necessary 0
5 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed 2
6 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
7 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
8 provide access to the structure that is in compliance with fire code requirements.
9 Side and rear setback and open space requirements are waived to allow accessory elevated 2
10 platforms above base flood for equipment (mechanical, plumbing and electrical systems, 0
11 appliances and components) situated at least two (2) feet from the side yard property line <
12 or at least five (5)feet from the rear yard property line.
13 Maximum possible shoreline setbacks and open space are to be maintained,and in no event
14 shall a shoreline setback be less than ten (10) feet from mean high water except to
15 accommodate the lawfully existing _footprint of the structure to be elevatedfootprint of the structure to be elevated.
16 The improvements shall be constructed to avoid off-site discharge of stormwater from the a
17 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
0.
18 Code. 0
19 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands U)
20 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
21 conservation easement.
22 This Policy does not restrict a property owner from proposing other additions or
23 improvements to the elevated dwelling unit, as long as the additions, enlargements, 0
24 expansions, and extensions do not create a nonconformity or cause a further violation to an
25 existing nonconformity. X
26
27 Section 3.Construction and Interpretation.The construction and interpretation of this ordinance 9=
28 and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and
29 Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in >
30 connection with this ordinance shall be liberally construed and enforced in favor of Monroe County, and W
31 shall be construed in favor of the BOCC and such construction and interpretation shall be entitled to great
32 weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Q
V-
33
34 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed to have
35 waived,for itself or for its officer(s), employee(s), or agent(s),any sovereign, governmental,and any other
36 similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or liability. Iq
37 V-
38 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held
39 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 0
40 invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit nor impair
41 the operation, enforceability, or validity of any other provision of this ordinance, or any remaining part(s)
42 or portion(s) thereof. All other provisions of this ordinance, and remaining part(s) or portion(s) thereof,
43 shall continue unimpaired in full force and effect.
44
45 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are u
46 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the E
47 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
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I Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
2 Agency as required by Florida Statutes §§ 380.05 (11) and 380.0552(9). E
3 a
4-
4 Section 8.Filin2. This Ordinance shall be filed in the Office of the Secretary of the State of Florida 0
5 but shall not become effective until a notice is issued by the State Land Planning Agency or Administration 2
6 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any
7 applicable challenges have been resolved. W
8
9 Section 9. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be 2
10 incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing
11 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
12
13 Section 10. Effective Date. This ordinance shall become as provided by law and stated above.
14 U)
15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
16 at a duly noticed regular public meeting held on October 19, 2022. 2
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17 E
0
18 Mayor David Rice U
19 Mayor Pro Tem Craig Cates U
20 Commissioner Michelle Coldiron
21 Commissioner James K. Scholl
22 Commissioner Holly Merrill Raschein
23
24 BOARD OF COUNTY COMMISSIONERS M
x
25 OF MONROE COUNTY, FLORIDA
4-
26 0
27 By:
28 Mayor David Rice >
29 w
30
31 MONROECO T OnNEY"
32 (SEAL) P6� 1 't F 'P
33 ATTEST: KEVIN MADOK, CLERK
34 PETER PPI
35 ASSISTANT COUNTY ATTORNEY
Date; 10/4/22
36 By:
37 AS DEPUTY CLERK
0
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2 l JJJJN�i %GG% ////////// ��11111111111111����N�J
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9 (D
10 From: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and 0
11 Environmental Resources Department
12 r-
13 Date: August 1, 2022 c
14
15 Subject: An Ordinance Adopting Evaluation And Appraisal Amendments to the Monroe County
16 2030 Comprehensive Plan to Amend Chapter 1.0,Introduction And Background;Amend
17 Chapter 2.0, Including 2.1 General County Element And Creating 2.2 Private Property
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18 Rights Element; Amend Chapter 3.0, Including 3.1 Future Land Use Element, 3.2 0
19 Conservation And Coastal Management Element, 3.3 Traffic Circulation Element, 3.4
20 Mass Transit Element, 3.5 Ports, Aviation And Related Facilities Element, 3.6 Housing
21 Element, 3.7 Potable Water Element, 3.8 Solid Waste Element, 3.9 Sanitary Sewer
22 Element, 3.10 Drainage Element, 3.11 Natural Groundwater Aquifer Recharge Element, U)
23 3.12 Recreation and Open Space Element, 3.13 Intergovernmental Coordination
24 Element, 3.14 Capital Improvements Element, and 3.15 Energy,Resiliency And Climate 2
25 Element; And To Amend Definitions Within The Glossary; To Update the Text of the E
26 Comprehensive Plan to Reflect Changes in Statutory and Rule Requirements; To Update U
27 Deadlines within the Comprehensive Plan, to Eliminate Accomplished or Obsolete N
28 Provisions, to Make Corrections to Text and Eliminate Grammatical Errors; and to
29 Amend Provisions to Reflect Changes in Local Conditions and Recent Data, Trends, 7
30 Issues and Challenges; and to Update Map Atlas Map Series 3-7 (Coastal High Hazard
U
31 Area) to be Consistent with the Florida Division Of Emergency Management's Update
32 to the SLOSH Model for Monroe County; Providing for Severability; Providing for
33 Repeal of Conflicting Provisions; Providing for Transmittal to the State Land Planning co
34 Agency and the Secretary of State;Providing for Amendment to and Incorporation in the CD
35 Monroe County Comprehensive Plan; Providing for an Effective Date.
36 CD
37 Meeting: August 17, 2022
38 as
39 I. REQUEST
40
41 Monroe County must complete amendments to reflect and satisfy changes in statutory requirements as
42 Evaluation and Appraisal ("EA") amendments. As required, the proposed amendments were transmitted
43 to the Department of Economic Opportunity ("DEO") on May 19, 2022, via BOCC Resolution 105-
44 2022, and is now required to adopt(unless choosing not to adopt)the proposed amendments by January
45 15, 2023. If the County fails to update the Comprehensive Plan pursuant to EA requirements, it cannot
46 amend the Comprehensive Plan until such time as it complies with the EA requirements.
47
1 of 22
Packet Pg.4853
S.1.b
I The Monroe County Planning and Environmental Resources Department is proposing Evaluation and
2 Appraisal ("EA") amendments to the 2030 Comprehensive Plan to update the Comprehensive Plan to
3 reflect changes in Florida statutory and Florida administrative rule requirements; to update deadlines
4 within the Comprehensive Plan, to eliminate accomplished or obsolete provisions, to make corrections
5 to text and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions
6 and recent data, trends, issues and challenges.
7
8 II. BACKGROUND INFORMATION
9
10 Monroe County's previous Evaluation and Appraisal Report ("EAR") was adopted by the BOCC on 0
11 May 22, 2012 pursuant to Resolution No. 150-2012. The County prepared Comprehensive Plan
12 amendments in accordance with the 2012 EAR.
13
14 After statutory changes to Florida Statute § 163.3191, DEO revised the Monroe County evaluation and
15 appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida Administrative Code W
16 ("F.A.C."). On April 23,2014,the BOCC approved the EAR Notification Letter to DEO which specified �
17 the necessary Plan amendments required to accord with state statutory requirements. The County
18 prepared Comprehensive Plan amendments in accordance with the 2014 EAR notification letter. ,0
19
20 The BOCC adopted the 2030 Comprehensive Plan in April 2016,pursuant to Ordinance No. 005-2016,
21 which included the County's EAR-based amendments. The Monroe County Year 2030 Comprehensive
22 Plan became effective upon the posting of the Notice of Intent on DEO's website on June 20, 2016.
23 u
24 The County must evaluate its comprehensive plan every seven (7) years and determine if Plan 2
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25 amendments are necessary to conform to state statutory changes (i.e., does the County need to update its
26 Comprehensive Plan to satisfy changed state statutory provisions). U
27 N
28 163.3191 Evaluation and Appraisal of Comprehensive Plan.-
29 (1)At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if ci
30 plan amendments are necessary to reflect changes in state requirements in this part since the last update Q
31 of the comprehensive plan, and notes the state land planning agency as to its determination. U
32 (2)If the local government determines amendments to its comprehensive plan are necessary to reflect changes 0
ao
33 in state requirements, the local government shall prepare and transmit within 1 year such plan amendment
34 or amendments for review pursuant to s. 163.3184.
35 (3)Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive N
36 plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall
37 be reviewed pursuant to s. 163.3184(4). Q
38 (4)If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to
r.
39 subsection (2), it may not amend its comprehensive plan until such time as it complies with this section.
40 (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules a
41 or a schedule indicating when local governments must comply with the requirements of this section.
42 d
43 The professional staff of the Monroe County Planning and Environmental Resources Department
44 ("Department") conducted a review of changes made to the Florida Statutes (2012-March 2021) and
45 determined two(2)amendments to the Comprehensive Plan were necessary to accord with state statutory
46 changes, to-wit, the Peril of Flood state legislation (Florida Statute § 163.3178(2)(f)) and the revision
47 of the definition of the term `development' (Florida Statute § 380.04; Florida Statute § 163.3221; and
48 referenced in Florida Statute § 163.3164(14)). Excerpts of the subject statutory changes are provided
2 of 22
Packet Pg.4854
I below. The associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are
2 attached as Exhibit 4.
3
Section 163.3178, Coastal Management Element(Chapter 20,15-69, section 1, Laws of Florida)
A(i:(i:saire(IL]iireriienttl-iattlheirede,ve,llopiri)e,intcoiiiii)orientof tine, C:oastzilMainage,riierit
Elenient nILISt:
• Reduce tine flood friskin coastal areas that resulltfirom Ihrgh tide events, storm
Surge,,flash,floods, stoirmwater 11MOff, and the rellated: linipacts of se,a Ilevell rise.
• EVICOUrage, reniovA of coa,stall real property from FEIVIA.flood zone,designations.
• Be consistent with or Fiore stringent than the flood: ireslistaint construction E 0
.a
re(lWirenients in the Horlicla IRualillciing Code and federal flood: Ilnllaun niianagement 4-
0
regWations.
• ReClUire conStRICtion seaward of the coastal construction control line to Ilene,
consistent with chapter 161, PlorWa Statutes. >
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• EnCOLIrage local governiments to Ipauti6ipate lien the National Flood InSUrance
Prograim CornIfflUnity Rating System to achieve flood iinSLIrance prenillLfllli diSCOLHAS
0
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4 for their resNents.
5
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agre,ernie,nt Act;
definitions(Chiaipter 20,18-34, section, 1, Laws of Florida) CL
• Amends the definition of"development"to exclude work by electric utility providers on 0
U)
utility infrastructure on certain rights-of-way or corridors and the creation or termination
of distribution,and transmission corridors,
6
7 CL
E
8 At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft 0
9 evaluation and appraisal notification letter to the DEO with the two identified required changes/updates U
N
10 and other potential changes/updates to the Comprehensive Plan, which were not required and do not get
I-
I I included in the notification letter to DEO,but have been found by the Department's professional staff to 17
12 be needed, such as: 00 Q
13 U U
14 1) Update the Rule 28-20 references within the Comprehensive Plan to reflect the recently adopted 0 co
15 Administration Commission Rule 28-20.140, F.A.C., with the updated Work Program (mainly W
16 canal restoration work program).
N
17 2) Update the County's Coastal High Hazard Area ("CHHA") depiction on the Future Land Use
18 Maps with the updated Florida Department of Emergency Management's SLOSH modeling. N
19 3) Extending the deadlines (or eliminating) within the comprehensive plan (policies stating "within N
20 Xyears after the adoption of the comprehensive plan" where the deadline has already passed);
21 and E
22 4)General text updates, corrections to text and removing grammatical errors and clean-up of policies
23
24 On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's
25 Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the necessary
26 Plan amendments required to reflect state statutory changes: 1) Update Comprehensive Plan to address
27 the Peril of Flood state legislation and 2) Update Comprehensive Plan definition of the term
28 'development.'
29
3 of 22
Packet Pg.4855
S.1.b
I Pursuant to Florida Statute § 163.3191, and Rule 73C-49, F.A.C., Monroe County's current evaluation
2 and appraisal notification letter deadline to DEO was May 1,2021. The County transmitted its evaluation
3 and appraisal ("EA")notification letter to DEO on April 21, 2021.
4
5 On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of Florida
6 (HB 59)went into effect requiring adoption of a property rights element"by the earlier of the date of its
7 adoption its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
8 scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida
9 Statutes." The proposed County EA amendments will address this additional statutory
10 change/requirement. The associated Laws of Florida for this update is also included within Exhibit 4. E
11 4-
12
13
14 Community Meeting and Public Participation
15 In accordance with Land Development Code("LDC") Section 102-159(b)(3),a community meeting was W
16 held on October 14, 2021, to provide for public input. There was one (1) member of the public in
17 attendance.
18 0
19 Monroe County Development Review Committee and Public Input
20 The Development Review Committee considered the proposed amendment at a regular meeting on
21 November 15, 2021, and received public input.
22
23 Monroe County Planning Commission and Public Input
24 The Planning Commission considered the proposed amendment at a regular meeting on January 26, a
0.
25 2022,provided for public input and recommended approval with proposed changes to Policy 102.4.2 to
26 prioritize the acquisition ofLower Keys marsh rabbit habitat and buffer area within the MIAI boundary U
27 and to Objective 108.1 to add the County will encourage effective communication and coordination N
28 with Naval Air Station Key West and the other military activities/facilities within unincorporated
29 Monroe County. 7
00
30 U
31 Board of County Commissioners Transmittal to DEO U
32 At a regular meeting on March 16, 2022, the BOCC held a public hearing to consider the proposed
33 amendments to the Comprehensive Plan,provided for public input, and adopted Resolution 105-2022 to
34 transmit the proposed amendments to DEO for review. At the public hearing, staff requested that the
35 proposed creation of new Policy 101.5.34, and amendments to Policy 101.9.4, regarding elevation
36 of existing homes, be separated from the EAR amendment ordinance and considered for
37 transmittal at a later date to allow for further refinement of the text. Those amendments were not
38 transmitted to DEO with the EAR amendment ordinance and will be considered for adoption as a
39 separate ordinance at a later date.
40
41 DEO reviewed the amendment and issued an Objections, Recommendations and Comments (ORC)
42 report, received by the County on July 20, 2022. The ORC report stated, "the Department does not
43 identify any objections or comments to the proposed amendment." The County has 180 days from receipt
44 of the ORC (until January 15, 2023) to choose to adopt, adopt with changes, or not adopt the proposed
45 amendment.
46
47
48
4 of 22
Packet Pg.4856
1 111. PROPOSED COMPREHENSIVE PLAN AMENDMENTS
2
3 Proposed Amendments are shown with deletions and additions are
4 tui-deii-llilied..
5
6 Proposed Amendments by the Planning Commission are shown with deletions s4.+4-e-4c-%
7 and additions are tui-deii-llitied. and highlighted in yellow.
8
9 All proposed amendments are included in Exhibit I (text amendments) and Exhibit 2 E 0
.a
4-
10 (map amendments), with main or significant or example amendments summarized in 0
11 the table below.
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S.1.b
I IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5 County 2030 Comprehensive Plan. Specifically,it furthers:
6
7 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
8 County residents and visitors, and protect valuable natural resources. _
9
a�
10 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and E
11 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and a
12 tropical hardwood hammock). 0
13
14 GOAL 106: Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize M
15 the natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further
16 development,the need for the significant expansion of the public acquisition of vacant developable lands, and
17 to equitably balance the rights and expectations of private property owners.
18
19 GOAL 108: The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval
20 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be
21 achieved through the implementation of the Objectives and Policies,incorporated herein.Achieved is defined
22 as being consistent with the Objectives and Policies,incorporated herein.
a�
23
U)
24 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,
a�
25 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved
26 or restored. 0.
27 E
28 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves, U
29 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible, N
30 restored and enhanced.
31 0;
32 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected Q
33 and,where possible,restored and enhanced. U
34 M
35 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
36 where possible, enhanced. CN
37
38 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats. CN
39 CN
40 GOAL 215: Monroe County shall provide for hurricane evacuation,shelters and refuges, and communication
41 capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms.
42
43 GOAL 301: To provide a safe, convenient, efficient, and environmentally-compatible motorized and non-
44 motorized transportation system for the movement of people and goods in Monroe County
45
46 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
47 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
48 organizations and private organizations to exchange data and develop coordinated strategies to address energy
49 conservation and impacts from climate change.
50
18 of 22
Packet Pg.4870
S.1.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
6 as 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
9 government is able to achieve these objectives without continuing the area of critical state concern
10 designation.
11 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 0
12 wetlands, fish and wildlife, and their habitat. -
13 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical a
14 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 2
15 their habitat. >
16 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic W
17 development.
18 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
19 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 0
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 E-L
23 public investments,including:
24
25 1. The Florida Keys Aqueduct and water supply facilities;
26 2. Sewage collection, treatment, and disposal facilities; 2
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27 3. Solid waste treatment, collection, and disposal facilities;
28 4. Key West Naval Air Station and other military facilities; 0
29 5. Transportation facilities;
30 6. Federal parks,wildlife refuges, and marine sanctuaries;
31 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 17
32 8. City electric service and the Florida Keys Electric Co-op; and Q
33 9. Other utilities, as appropriate. U
34 0
35 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
36 replacement of stormwater management facilities; central sewage collection; treatment and disposal
37 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and CN
38 disposal systems.
39 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of Q
40 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
41 applicable, and by directing growth to areas served by central wastewater treatment facilities through
42 permit allocation systems.
43 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
44 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
45 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
46 manmade disaster and for a postdisaster reconstruction plan.
47 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
48 Florida Keys as a unique Florida resource.
49
50 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
51 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
52
19 of 22
Packet Pg.4871
S.1.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
7 from the use and development of land within their jurisdictions. Through the process of comprehensive
8 planning, it is intended that units of local government can preserve, promote, protect, and improve the
9 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention,
10 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
11 schools, parks, recreational facilities, housing, and other requirements and services; and conserve, 0
12 develop, utilize, and protect natural resources within their jurisdictions. -
13 a
14 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set 2
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. W
17
18 163.3164(14), F.S.- "Development"has the same meaning as in s. 380.04.
19 0
20 163.3177(l),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
21 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
22 the area that reflects community commitments to implement the plan and its elements. These principles
23 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
24 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
25 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
26 government's programs, activities, and land development regulations will be initiated, modified, or 2
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27 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
28 require the inclusion of implementing regulations in the comprehensive plan but rather to require 0
29 identification of those programs, activities, and land development regulations that will be part of the
30 strategy for implementing the comprehensive plan and the principles that describe how the programs,
31 activities, and land development regulations will be carried out. The plan shall establish meaningful and
32 predictable standards for the use and development of land and provide meaningful guidelines for the Q
33 content of more detailed land development and use regulations. U
34 0
35 163.3177(6)(1)1,F.S.—In accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3)
36 that governmental entities respect judicially acknowledged and constitutionally protected private property
37 rights, each local government shall include in its comprehensive plan a property rights element to ensure C14
38 that private property rights are considered in local decision-making. A local government may adopt its
39 own property rights element or use the following statement of rights: Q
40 The following rights shall be considered in local decision-making: `i
41 1. The right of a property owner to physically possess and control his or her interests in the property,
42 including easements, leases, or mineral rights.
43 2. The right of a property owner to use,maintain,develop, and improve his or her property for personal
44 use or for the use of any other person, subject to state law and local ordinances.
45 3. The right of the property owner to privacy and to exclude others from the property to protect the
46 owner's possessions and property.
47 4. The right of a property owner to dispose of his or her property through sale or gift.
48 2.Each local government must adopt a property rights element in its comprehensive plan by the earlier of
49 the date of its adoption of its next proposed plan amendment that is initiated after July 1,2021,or the date
50 of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a
51 local government adopts its own property rights element,the element may not conflict with the statement
52 of rights provided in subparagraph 1.
20 of 22
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1
2 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminate
3 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
4 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
5 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
6 runoff, and the related impacts of sea-level rise.
7 2. Encourage the use of best practices development and redevelopment principles, strategies, and
8 engineering solutions that will result in the removal of coastal real property from flood zone designations
9 established by the Federal Emergency Management Agency.
10 3. Identify site development techniques and best practices that may reduce losses due to flooding and
11 claims made under flood insurance policies issued in this state. 0
12 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida 4-
13 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60. 0
14 5. Require that any construction activities seaward of the coastal construction control lines established g
15 pursuant to s. 161.053 be consistent with chapter 161.
16 6. Encourage local governments to participate in the National Flood Insurance Program Community
w
17 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
18 premium discounts for their residents. 0
19 CL
20 163.3191, F.S.—Evaluation and appraisal of comprehensive plan.
21 (1)At least once every 7 years, each local government shall evaluate its comprehensive plan to determine
22 if plan amendments are necessary to reflect changes in state requirements in this part since the last update
23 of the comprehensive plan, and notify the state land planning agency as to its determination.
24 (2) If the local government determines amendments to its comprehensive plan are necessary to reflect
25 changes in state requirements, the local government shall prepare and transmit within 1 year such plan
26 amendment or amendments for review pursuant to s. 163.3184.
27 (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update C,
28 comprehensive plans to reflect changes in local conditions.Plan amendments transmitted pursuant to this t0
29 section shall be reviewed pursuant to s. 163.3184(4).
30 (4) If a local government fails to submit its letter prescribed by subsection(1) or update its plan pursuant CN
31 to subsection(2),it may not amend its comprehensive plan until such time as it complies with this section.
32 (5) The state land planning agency may not adopt rules to implement this section, other than procedural 06
33 rules or a schedule indicating when local governments must comply with the requirements of this section. U
34 U
0
35 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
36 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in
37 part, by the adoption and enforcement of appropriate local regulations on the development of lands and
38 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of
39 regulations for the development of land or the adoption and enforcement by a governing body of a land N
40 development code for an area shall be based on, be related to, and be a means of implementation for an N
41 adopted comprehensive plan as required by this act.
42
43 V. PROCESS
44
45 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
46 Planning Commission, the Director of Planning, or the owner or other person having a contractual
47 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
48 process applications as they are received and pass them onto the Development Review Committee and
49 the Planning Commission.
50
21 of 22
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I The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
2 the application, the reports and recommendations of the Monroe County Planning and Environmental
3 Resources Department and the Development Review Committee and the testimony given at the public
4 hearing. The Planning Commission shall submit its recommendations and findings to the Board of
5 County Commissioners ("BOCC"). The BOCC holds a public hearing to consider the transmittal of the
6 proposed Comprehensive Plan amendment, and considers the Department's professional staff report,the
7 professional staff recommendation, and the testimony given at the public hearing. The BOCC may or
8 may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
9 State Land Planning Agency, which then reviews the proposal and issues an Objections,
10 Recommendations and Comments ("ORC")Report.Upon receipt of the ORC report,the County has 180 E
11 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment. 4-
12
13 VI. STAFF RECOMMENDATION
14
15 Approval. W
16
17 VIII.EXHIBITS
C,
18 0
19 Exhibit 1 - Proposed EA text amendments (Proposed Text Amendments)
20 Exhibit 2 - Proposed update Map Atlas Map Series 3-7 (Coastal High Hazard Area)
21 Exhibit 3 - County's Evaluation and Appraisal Notification Letter, as required by Florida Statute § 0
22 163.3191, to the Florida Department of Economic Opportunity ("DEO") °�
23 Exhibit 4 - Laws of Florida ("L.O.F.") 2015-69 and L.O.F. 2018-34 (Development Definition)
24 Exhibit 5 - Compilation of the Data and Analysis for the Evaluation and Appraisal amendments 2
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2 �
4 1�5
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6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 138 -2022
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY c
11 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN -
12 ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE PLAN
13 TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE c
14 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN SPACE
15 REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING RESIDENTIAL
16 DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED AS PART OF
17 THE EVALUATION AND APPRAISAL AMENDMENTS TO THE MONROE COUNTY c
18 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN LOCAL CONDITIONS 0
19 AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES; PROVIDING FOR
20 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
22 THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
23 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
24 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2021-129)
25
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26 E
27 WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners U
28 conducted a public hearing for the purpose of considering the transmittal pursuant to the State N
29 Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for Q
30 objections, recommendations and comments, and to the other Reviewing Agencies as defined in 00
31 Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe
32 County Year 2030 Comprehensive Plan as described above; and
33
t3
34 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of U
35 County Commissioners support the requested text amendment; �o
36 CN
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37 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY T
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA: Q
39
40 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
E
41 Planning Commission to transmit the draft ordinance including proposed creation
42 of Policy 101.5.34, and proposed amendments to Policy 101.9.4 related to elevation
43 of existing dwelling units, attached as Exhibit A, for adoption of the proposed text
44 amendment.
45
46 Section 2. The Board of County Commissioners does hereby transmit the proposed
47 amendment to the State Land Planning Agency for review and comment in
Resolution No.138-2022 Page 1 of 2
File 2021-129
Packet Pg.4875
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48 accordance with the State Coordinated Review process pursuant to Section
49 163.3184(4),Florida Statutes.
50
51 Section 3. The Monroe County staff is given authority to prepare and submit the required
52 transmittal letter and supporting documents for the proposed amendment in
53 accordance with the requirements of Section 163.3184(4),Florida Statutes.
54
55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
56 resolution to the Director of Planning.
57 -
58 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, a
59 Florida, at a regular meeting held on April 20, 2022.
60
61 Mayor David Rice YES
62 Mayor Pro Tem Craig Cates YES
63 Commissioner Michelle Coldiron YES CL
64 Commissioner District Three VACANT c
65 Commissioner Holly Merrill Raschein YES
66
67 BOARD OF COUNTY COMMISSIONERS
68 ffi OF MONROE COUNTY, FLORIDA U,
6
1
$a By:
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MAYOR ID RICE
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MONROE COUNTY ATTORNEY
AP �ED S TOF ORM CN74 � CN
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76 ATTEST: KEVIN MADOK, CLERK
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79 By: U
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Resolution No.138-2022 Page 2 of 2
File 2021-129
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EXHIBIT A TO
n RESOLUTION 138-202�
a
3 � $
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022
9 0
10 AN ORDINANCE AMENDING THE MONROE COUNTY 2030 COMPREHENSIVE 4-
11 PLAN TO CREATE POLICY 101.5.34 AND TO AMEND POLICY 101.9.4 TO PROVIDE
12 EXCEPTIONS TO NON-SHORELINE AND SHORELINE SETBACK AND OPEN
13 SPACE REQUIREMENTS FOR THE ELEVATION OF LAWFULLY EXISTING
14 RESIDENTIAL DWELLING UNITS ABOVE FLOOD REQUIREMENTS; PROCESSED W
15 AS PART OF THE EVALUATION AND APPRAISAL AMENDMENTS TO THE
16 MONROE COUNTY 2030 COMPREHENSIVE PLAN; TO REFLECT CHANGES IN
17 LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES;
18 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO'THE STATE LAND PLANNING
20 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO �
21 AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,
22 PROVIDING FOR AN EFFECTIVE DATE.
23
24
25 WHEREAS, Monroe County may, pursuant to;Article 8 of the Florida Constitution and Florida U
26 Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and
27 visitors to the County; and Q
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2800
29 WHEREAS; on April 15; 1993,the Monroe County Board of County Commissioners adopted the 0
30 2010 Monroe County Comprehensive Plan; as amended pursuant to Department of Community Affairs U)
31 Rule 91-14.022,Florida Administrative Code ("F.A.C.,") on January 4, 1996, and adopted by F.A.C. Rule W
32 28-20.100 fart I, January 2, 1996 and Part11, July 14, 1997; and U
33 0
ao
34 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the 0)
35 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
36 comprehensive plans to reflect changes in local conditions; and Q
37
38 WHEREAS, on August 18,2004, the Monroe County Board of County Commissioners adopted 0
39 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute § 163.3191,for the 2010 Monroe
40 County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in accordance
41 with the 2004 EAR; and
42
43 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via
44 Resolution No. 150-2012 adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida
45 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted
46 Comprehensive Plan amendments in accordance with the 2012 EAR; and
1 of 7
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1
2 WHEREAS, after statutory updates to Florida Statute § 163.3191, the Department of Economic
3 Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter deadline to
4 May 1, 2014, in Rule 73C-49, F.A.C.; and
5
6 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved
7 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect
8 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments U)
9 in accordance with the 2014 EAR notification letter; and E
10 4-
11 WHEREAS, on April 13,2016,the Monroe County Board of County Commissioners adopted the a
12 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the 2
13 County's EAR-based amendments; and
14 W
15 WHEREAS,the 2030 Monroe County Comprehensive Plan became effective upon the posting of
16 the Notice of Intent on the DEO website on June 20, 016; and c
17 c
18 WHEREAS, pursuant to Florida Statute § Section 163.3191 Monroe County must evaluate its
19 Comprehensive Plan every seven (7) years to determine if amendments are necessary tb reflect changes 2
20 in state statutory and/or state administrative code requirements;,and
21 U)
22 WHEREAS,pursuant to Florida Statute §463.3191, and Rule 73C-49,F.A.C., Monroe County's 0
23 evaluation and appraisal notification letter deadline to DEO was May 1,2021; and 2
24 CL
25 WHEREAS, on,Apnl 21', 2021, the Monroe County Board,of County Commissioners approved U
26 transmittal of the County's evaluation"and appraisal ("EA")notification letter to DEO; and cN
27 Q
28 WHEREAS, Monroe County is'proposing amendments in accordance with the 2021 evaluation 00
00
29 and appraisal ("EA") notification; letter, including amendments to address the Peril of Flood state T_
30 legislation, an update,toi the definition of the term. `development,' and amendments to address the now
31 statutorily required Property Rights Element; and W
32 U
33 WHEREAS, Monroe County is' ', proposing amendments to the Comprehensive Plan to
34 accommodate the needs of existing residential'structures for which elevation above required flood heights
35 has been determined to be feasible; as such retrofitting of existing construction allows the homeowner to
36 reuse materials, energy, and other resources expended in the original construction of the home; offers Q
37 solutions to homeowners that maybe more economically advantageous than complete reconstruction; and
38 encourages property owners to make their homes more resilient to storm events and sea level rise; and
39
40 WHEREAS, the Monroe County Planning and Environmental Resources Department
41 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment
42 and to receive public comment; and
43
44 WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
45 considered the proposed amendments at a regularly scheduled duly noticed meeting held on November
46 15, 2021; and
2of7
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I WHEREAS, on January 26, 2022, the Monroe County Planning Commission held a public
2 hearing for the purpose of considering the proposed amendment and provided for public comment; and
3
4 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-22
5 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh
6 rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County
7 will encourage effective communication and coordination with Naval Air Station Key West and the other
8 military activities/facilities within unincorporated Monroe County; and
9 0
10 WHEREAS, on March 16, 2022, the Monroe County Boai&of County Commissioners held a 4-
11 public hearing, considered the staff report, and provided for public comment and public participation in a
12 accordance with the requirements of state law and the procedures adopted for public participation in the 2
13 planning process; and
14 W
15 WHEREAS, at the March 16, 2022, public hearing, at staff's request, the BOCC continued the
16 transmittal hearing,just for the proposed amendments to create Policy 101.5.34 and amend Policy 101.9.4
17 related to elevation of existing dwelling units to the April 20,2022,public hearing'as a separate transmittal ,0
18 to allow for additional coordination and revisions; and
19
20 WHEREAS, at the March 16, 2022, public hearing; the BOCC voted to transmit the remaining
21 proposed amendments to DEO to review the proposal; and U)
22 u
23 WHEREAS, at the March 16, 2022, public hearing, the BOCC adopted Resolution a
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24 transmitting the proposed text amendment to the State Land Planning Agency without Policy 101.5.34
25 and amend Policy 101.9.4 related'to elevation of existing dwelling units; and 0
26 C14
27 WHEREAS, on April„ 20, 2012, the Monroe County Board of County Commissioners held a Q
28 public hearing to consider the proposed,amendments to create Policy 101.5.34 and amend Policy 101.9.4 00
29 related to elevation, of existing�;dwelling units, considered the staff report, and provided for public
30 comment and public participation,in,accordance with the requirements of state law and the procedures U)
31 adopted for public participation in the planning process; and
32 U
33 WHEREAS the State Land Planning Agency reviewed the amendment and issued an Objections,
34 Recommendations and Comments("ORC")report,received by the County on ; and
35
36 WHEREAS, the ORC report stated, " ;" and Q
37
38 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
39 amendment, adopt the amendment with changes or not adopt the amendment; and
40
41 WHEREAS, on the BOCC held a public hearing to consider adoption of
42 the proposed Comprehensive Plan text amendment; and
43
44 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
45 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
3 of 7
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I the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
2 development; and
3
4 WHEREAS, based upon the documentation submitted and information provided in the
5 accompanying staff report, the Monroe County Board of County Commissioners makes the following
6 Conclusions of Law:
7 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
8 Monroe County Comprehensive Plan; and
9 2. The proposed amendment is consistent with the Principles for Guiding Development for the E
10 Florida Keys Area of Critical State Concern, Florida Statute§ 380.0552(7); and 4-
11 3. The proposed amendment is consistent with Part 11 of Florida Statutes Chapter 163.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OY COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA: W
15
16 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions
CL
17 of law, and statements of legislative intent are true and correct and are hereby incorporated as if fully ,0
18 stated herein.
19
20 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as follows �
21 (Proposed amendments are shown with deletions stricken through,and additions are underlined): U)
22 u
23 Policy 101.5.34
24 Notwithstanding the open,space provisions set"forth in Policy, 101.5.25, Policy 212.2.4, and
25 Chapters 11&and 130 of the Land Development, Code, and the minimum required setbacks in U
26 Policy 212.2.4, and Chapters 118, 130, andl31 of the Land Development Code, a lawfully- cN
27 existing residential dwelling unit,not including mobile homes,may be elevated above base flood Q
28 level (design flood"elevation)to reduce flood damage,pursuant to: 00
29 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully- V-
30 existin ) footprint of the structure. U)
31 • Setbacks and, land use open space'requirements are waived to allow necessary
32 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed U
33 flood levels. The�necessa!y improvements are limited to ingress/egress structures (stairs,
34 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
35 provide access to the structure that is in compliance with fire code requirements.
36 Side artd rear setback and open space requirements are waived to allow accessory elevated Q
CN
37 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
38 appliances and c6mponents) situated at least two (2) feet from the side yard property line
39 or at least five (5)feet from the rear yard property line. a
40 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event
41 shall a required shoreline setback be reduced to less than ten (10) feet from mean high
42 water except to accommodate the lawfully existing footprint of the structure to be elevated.
43 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
44 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
45 Code.
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1 • Development shall maintain compliance to the maximum extent practicable, as determined
2 by the Planning Director.
3 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
4 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
5 conservation easement.
6 • This Policy does not restrict a property owner from proposing other additions or
7 improvements to the elevated dwelling unit, as long as the additions, enlargements,
8 expansions, and extensions do not create a nonconformity or cause a further violation to an U)
9 existing nonconformity.
0
10 New construction or reconstruction of single-family dwelling units shall comply with the 4-
11 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in
12 Chapters 118, 130, and 131 of the Monroe County Land Development Code. 2
13
14 * * W
15 Policy 101.9.4
16 With the following exception, nonconforming structures which are damaged or destroyed so as to
17 require substantial improvement shall be repaired or restored in conformance with all applicable ,0
18 provisions of the current Monroe County Code. Substantial,improvement err reconstruction of �
19 nonconforming single-family dwelling units homes shall comply with the setback and open space
20 provisions set forth in Policy 10�1.5;,,5 and in Chapters 130 and 131 of the Monroe County Land
21 Development Code except where strict compliance would result in a reduction in lot coverage as U)
22 compared to the pre-destruction footprint of the dwelling unitheuse. In such cases, the previously 0
23 approved open space ratio shall be, applied; and the maximum shoreline setback shall be 2
24 maintained and in nd event shall the shoreline setback be less than ten (10) feet from mean high 0.
0
25 water. U
26 N
27 To further post disaster recovery and resiliency, notwithstandingt he open space provisions set `�
28 forth in Policy 101.5.25" Policy 212.2.4, and Chapters 118 and 130 of the Land Development Code 00
,
29 and,the minimum required setbacks in Policy 212.2 4, and Chapters 118, 130, and 131 of the Land
30 Development Code, a nonconforming lawfully-existing residential dwelling unit, not including
31 mobile homes, may be retrofitted to elevate the structure above base flood level (design flood
32 elevation)to reduce flood damage,pursuant to: U
33 The lawfully-exist n dg welling unit structure may maintain its existing setbacks and open M
34 sj2ace, even if nonconforming, provided the structure is elevated within the original 0)
35 (lawfully-existing) fo�tprint of the structure.
36 Setbacks and land' use open space requirements are waived to allow necessary Q
37 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
38 flood levels'. The necessary improvements are limited to ingress/egress structures (stairs,
39 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
40 provide access to the structure that is in compliance with fire code requirements.
41 Side and rear setback and open space requirements are waived to allow accessory elevated
42 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
43 appliances and components) situated at least two (2) feet from the side yard property line
44 or at least five (5)feet from the rear yard property line.
5 of 7
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1 • Maximum possible shoreline setbacks and open space are to be maintained,and in no event
2 shall a shoreline setback be less than ten (10) feet from mean high water except to
3 accommodate the lawfully existing _footprint of the structure of the structure to be elevated.
4 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
5 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
6 Code.
7 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
8 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a U)
9 conservation easement.
0
10 This Policy does not restrict a property owner, froin proposing other additions or a
11 improvements to the elevated dwellin _g unit, As, long as the additions, enlargements unit, As; long as the additions, enlargements,
12 expansions, and extensions do not create a nonconformity or cause a further violation to an 2
13 existing nonconformity.
14 W
15 Section 3. Severability. If any portion of this Ordinance, or any part or portion thereof, is held to
16 be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the 2
17 invalidity or unenforceability of such provision, or,any part or portion thereof,,shall neither limit nor 0
18 impair the operation, enforceability, or validity of any other provision,of this Ordinance, or any remaining
19 pert(s) or portion(s) thereof. All other provisions of this Ordinance, and remaining pArt(s) or portion(s)
20 thereof, shall continue unimpaired in full force and effect.
a�
21
22 Section 4. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
23 ordinance are hereby repealed to the extent of said conflict, a
24 CL
25 Section 5. Transmittal. This ordinance,shall be transmitted to the Florida State Land Planning 0
26 Agency as required by Florida Statutes §§ 380.05 (11) And 380.0552(9). U
27 Q
28 Section 6.Filing. This Ordinance shall be filed in the Office of the Secretary of the State of Florida 00
00
29 but shall not become effective until A notice is issued by the State Land Planning Agency or Administration
It-
30 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any U)
31 applicable challenges have been resolved.
32 U
U
33 Section 7. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be
34 incorporated in' the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing 0)
35 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan. V°
V-
36 N
37 Section 8. Effecti*e Date. This ordinance shall become as provided by law and stated above.
38 u
39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
40 at a regular meeting held on , 2022.
41
42 Mayor David Rice
43 Mayor Pro Tem Craig Cates
44 Commissioner Michelle Coldiron
45 Commissioner District Three VACANT
46 Commissioner Holly Merrill Raschein
6of7
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1
2 BOARD OF COUNTY COMMISSIONERS
3 OF MONROE COUNTY, FLORIDA
4
5 By:
6 Mayor David Rice
7
8
9 E
0
10 (SEAL) 4-
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11 ATTEST: KEVIN MADOK, CLERK
12
13 >
14 By: w
15 AS DEPUTY CLERK
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7 of 7 Packet Pg.4883
The Florida Keys Only Daily Newspaper, Est 1876
PO Box 1800,Key West FL 33041
P:(3o5)u92'rnr ext.e/n pmomc95*o25
legals@keysnews.com
M[)NROE CO PLANNING OEPT
&4URRY E NELSON GOVERNMENT CENTER
1O2O5O OVERSEAS HVVY
KEY LARGO FL33037 o
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Aocount423741 Ticket: 3835352
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA =
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Before the undersigned authority personally appeared
` `c .who nn oath says that heor she|e ^�
of the Key West Citizen,a five day o-
newspaper published m key West, |n Monroe County, Florida;that the attached
copy ofedwartiement.being a legal notice in the matter of was published insaid
newspaper in the issues of:
Saturday, February 2B.u022
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*ffiant further says that the Key West Citizen ioa newspaper published inKey U�
West, in said Monroe County, Florida and that the said newspapers has hereto- CN
fore been continuously published m said Monroe County, Florida Tuesday mru CN
Saturday weekly,and has been entered an periodicals matter at the post office in
Key West,io said Monroe County, Florida,for a period nf1 year next preceding 00
the fi �pubncahonoftxeouao�odcopyofaUve� t fur
ther �n
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that heor she has neither paid nor Womised any person,firm or corporation any
discount,rebate commission or refVnd for the purposeof securing this advertise- U)
(Signature of Affiant)
A me this 2nd
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(Notary mb�qmntedmame) (Notary Seal)
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COMMISSION I
EXPIRES: June 27. 2122
S.1.c
COUNTY COMMISSIONERS
NOTICE OFPUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO
THE MONROE COUNTY
COMPREHENSIVE PLAN
MARCH 16, 2022
MONROE COUNTY BOARD OF
NOTICE IS THEREBY GIVEN that art Wednesday,March 16,2D22,the Monroe County Board of
County Commissioners will hold a Public.Meeting,beginning at 09:00 AM,The BOCC;rraeeting wits 4-
be a hybrid fonnat with the County Commission ion aremhers meeting Reg live in Key Largo,The public will be 0
able to participate via Zoom WWebirsar.The following itemsw M be consIdmced at a PUBLIC AME t'IN Oi C9
PUBLIC HEARINGS:1.30 P (on as soon thereafter as may be heard)- �
9.BD1WMM.PrtT 119"BOX.MlEXROAR D OF® .Q.VN-TY-QQMNj§0jQNER 0 ACDOPTINC
EVALUATION AND APPRAISAL AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE
PLAN TO AMEND CHAPTER 1.0, INTRODUCTION,AND BACKGROUND;:AMEND CHAPTER �
2.0, INCLUDING 2.1 GENERAL COUNTY ELEMENT AND CREATING 2.2 PRIVATE PROPERTY 2
RIGHTS ELEMENT, AMEND CHAPTER 3.0, INCLUDING 3.1 FUTURE LAND USE ELEMENT, 3.2 CL
CONSERVATION AND COASTAL MANAGEMENT ELEMENT'3.3 TRAFFIC CIRCULATION ELEMENT; 0
3A MASS TRANSIT" ELEMENT, 3.3 PORTS, AVIATION AHED RELATED FACILITIES ELEMENT, 3.6
HOUSING ELEMENT'3.7 POTABLE WATER'ELEMENT,3.3 SOLID WASTE ELEMENT,3.9 SANITARY �
SEWER ELEMENT,3.;i0 DRAINAGE ELEMENT, ,1INA"I"URAL.GIwNOUNDWATER AQUIFER RECHARGE �
ELEMENT; 3,12 RECREATION AND OPEN SPACE ELEMENT, 3.13 INTERGOVERNMENTAL CL
COORDINATION ELEMENT, 3.14 CAPITAL I MPROVPENIENT*1a ELEMENT, AND 3.15 ENERGY
RESILIENCY AND CLIMATE ELEMENT,AND TO AMEND DEFINITIONS WITHIN THE GLOSSARY, y
TO UP DATE TIME TEXT OF THE COMPREHENSIVE PLAN TO REFLECT CHANGES IN STATUTORY �y
AND RULE REQUIREMENTS;TO UPDATE DEADLINES WITHIN THE COMPREHENSIVE PLAN,TO �
ELIMINATE ACGOMPL.ISHECD OR OBSOLETE PROVISIONS, TO MAKE CORRECTIONS TO TEXT
AND ELIMINATE GRAMMATICAL ERRORS;AND TO AMEND PROWSIONS TO REFLECT"CHANGES
IN LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND CHALLENGES; AND TO CL
UPDATE MAP ATLAS MAP SERIES 3 7(CCOAST"AL.HIGH HAZARD EA'(TO BE CONSISTENT WITH
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENrS UPDATE TO THE SLOSH MODEL.FOR 0
NMONROE COUNTY;PROVIDING FOR EVE BILIT"a PROVIDING FOR REPEAL.OF CONFLICTING t3
PROVISIONS;PROVIDING FOR TRANSMITTAL.T&D DIE STATE L4i1)PLANNING AGENCY AND THE
SECRETARY OFS ArE;PROVIDING rOR AMENDMENTTO AND INCORPORATION IN THE MONROE
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2321-123)
C'1!
8
. 4JRQ _.BSA _OF COUNTY:WNIMISMONERSANMENCDING 00
POLICY 2122.4 OF THE VVMONROE COUNTY 2030 COMPREHENSIVE PLAN TO ALLOW CERTAIN
ACCESSORY ST'RUCTORES WITHIN THE SHORELINE SETBACK;PROVIDING FOR SEVERAMLITY, 0
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO TIME. i)
STATE LAND PLANNING AGENCY AND THE SECRET. OF STATE;PROVIDING FOR AMENDMENT
TO AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR
AN EFFECTIVE CDATF,(FILE 2021-0,7) U
RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THE �s
PORTION 0'F RIGHT-OF-WAY OF°KAN' DRIVE, KEY LARGO, MONF40E COUNT Y, FLORIDA, AS N
SHOWWN ON THE PLAT"OF KEY LARGO TRAILER VILLAGE,PLAT t3C7OK 5,PAGE 43 AND THE PLAT
OF KEY LARGO TRAILER VILLAGE FIRST ADDITION,PLAT"BOOK 5„FACE 55. (FILE 2021- 0
Piaase visit the Monroe County WWetasite at ;mQjp .%gurAy- Y for meeting agenda updates c14
crud iriforrrnatiora regarding the various options available to the Public to view the live meetingand/or to
awake public comments on certain agenda Items,
Pursuant to Section 286.010,15 Florida Statutes,if a person decades to appeal any decision of the Seward
of County Commissioners,with respect to any matter considered at the meeting or hearing,he or she
will need a recant of the proceedings,and that,for such purpose he or she may need to ensure a
verbalise record of the proceedings is made, which record includes the testimony&evidence capon
which the appeal is to be teased.
A ASSISTANCE:tY you are a person with d disability who needs spedial scoommodations
in order to°participate In this pro In ,please ntat the County Administrator's ice,
by phoning 1 1,botwom the hours,oaf S: &m..-&00 pm.,no later,than five()
calendar"days prior to the scheduled meefingr ff you are hearing or vo v lmpalre4 calf'711.0
Itrs�ry 2d�,"w"tPr.°a 1�ramt r.d2rxmvr
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Ron DeSands Dane Eagle
FLORIDA D PA TMEN of
ECONOMIC OP UN
July 19, 2022
The Honorable David Rice
Mayor, Monroe County E
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Rice: >
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 0
accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida
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 0
appropriate reviewing agencies, if any,are enclosed.
The County should act by choosing to adopt,adopt with changes,or not adopt the proposed CL
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether U
to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt cj
of the Department's attached report, or the amendment will be deemed withdrawn unless extended by
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.
CN
If you have any questions related to this review, please contact Don Arellano, Planning Analyst, by cN
telephone at(850) 717-8452 or by email at Don.Arellano@deo.myflorida.com.
Sincerely,
U
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Scott Rogers, Regional Planning Administrator
Bureau of Community Planning and Growth N
SR/da N
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Enclosure: Procedures for Adoption
Agency Comments
cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
Roman Gastesi, County Administrator, Monroe County
Floridal V)e paartrne-i nt;Of L-.0 arnrarrnuu.Oplportu,uunfty � Caalldreruamll B u'tlB¢fing I �107 1ll .IMadu,2aarrn Street � I aI lluulhua see,Ih ll_32399
(850)245.7105 � uaa.i Ilo6daaJ,,)bs.aarP I www.Tv4ftter.cor"Irm/FII_ID16E0 � wwaur I mau;elb(u:mr)lk.e;oun,n/=i.11')I[O
An equal a'uplgaoa"t unAy errr plla°.yer/ iY'ogr°rb n.Aumilh ary aids and seiry cp are avafllabi e raipoi n requurtst to hndllvduaNs with dil,uaVwilui:6es,
lQ vol e-^id'elei6allnuarrue iruuuicrrni°na�:m oin this riax:uui mnrar't may be a reached by Ipeiisoins u.urnlii ng_Il..Y/.F�D a,.wprnent aria the HorG&IF eluay
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SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
0
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
0
amendment submittal portal "Comprehensive Plan and Amendment Upload"
or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
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; 0
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
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
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E
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the o
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adopted amendment:
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Department of Economic Opportunity identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted; N
Ordinance number and adoption date;
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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;
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Letter signed by the chief elected official or the person designated by the local government.
N
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ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
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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;
Packet Pg.4887
S.1.d
A copy of any data and analyses the local government deems appropriate.
Copy of executed ordinance adopting the comprehensive plan amendment(s);
0
Suggested effective date language for the adoption ordinance for state coordinated review:
4-
0
a
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be g
the date the state land planning agency posts a notice of intent determining that this >
amendment is in compliance. If the amendment is timely challenged, or if the state land
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 o
Administration Commission enters a final order determining this adopted amendment to be in 0
compliance."
List of additional changes made in the adopted amendment that the Department of Economic
Opportunity did not previously review;
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List of findings of the local governing body, if any,that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment; CL
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Statement indicating the relationship of the additional changes not previously reviewed by the U
Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. U
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Packet Pg.4888
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OFFICE OF THE CommissioNER ®� THE CAPITOL
(85o)617-7700 400 SOUTH MONROE STREET
TALLAHASSEE,FLORIDA 32399-0800
W
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER NICOLE "NIw" FRIED
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4-
0
June 20,2022
VIA US MAIL/EMAIL(schemper-emily@monroecounty-fl.gov)
0
Monroe County
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Emily Schemper O
2798 Overseas Highway,Suite 400
Marathon, Florida 33050
Re: DACS Docket#20220523-77-Monroe
Monroe County
May 23`d, 2022
Dear, Emily Schemper; CL
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The Florida Department of Agriculture and Consumer Services(the `Department") received the above- U
referenced proposed comprehensive plan amendment on May 23 rd,2022,and has reviewed it pursuant cj
to the provisions of Chapter 1 , Florida Statutes, to address any potential adverse impacts to important
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 ,
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If we may be of further assistance, please do not hesitate to contact me at 50-410-22 2.
Sincerely,
t3
Thomas Poucher
Budget Director
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Office of Policy and Budget
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cc: Florida Department of Economic Opportunity c14
(SLPA#: Monroe County 22-04ER)
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Fmh
1-800-H ELPFLA i'°"a. www.FreshFromPlorida.com
Packet Pg.4889
DocuSign Envelope ID:1IA7D05C-AA63-4767-8086-2C795COB4EDB
V,--%—
FDol ,
voww�;;Mwffi 1-11-1 ._,
Florida Department qf7ransporlation
:1 RON DESANTUS 100()��,�W I �I 1h A,velnue JABTA)11�1.PERDUE,VE,
GOVERNOR Wayni,11,331 72
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June 1, 2022 0
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4-
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Emily Schemper, AICP
Senior Director of Planning & Environmental Resources >
Monroe County W
Planning & Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400 0
Marathon, FL 33050
Subject: Comments for the Monroe County Comprehensive Plan Amendment
FDEO #22-04ER
CL
Dear Ms. Schemper: E 0
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Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of 0
Transportation, District Six, reviewed the proposed amendment to Monroe County's
W
Comprehensive Plan. The amendment would incorporate Evaluation And Appraisal
(EAR) Amendments to the Monroe County 2030 Comprehensive Plan. These N
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modifications are intended to update the Comprehensive Plan to reflect recent
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changes in Florida statute and administrative rule requirements, as well as update text
in several chapters and Elements. 0
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The District reviewed the amendment package per Chapter 163 Florida Statutes W
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and found the proposed amendment would not adversely impact transportation 0
resources and facilities of state importance.
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In addition, the District's number one priority is safety for all road users with an N
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ultimate goal of zero fatalities and serious injuries. It is recommended that Monroe N
County continue to identify and address the safety needs of all modes of travel,
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including public transportation. The District encourages the County to include
pedestrian and bicycle facilities to promote a safe walkable and connected community
consistent with ss. 163.3177, Florida Statutes.
luiptvve S'afi'ty, hwovalhu?
Packet Pg.4890
DocuSign Envelope ID: 11A7D05C-AA63-4767-8086-2C795COB4EDB
Ms. Emily Schemper
June 1, 2022
Page 2
Thank you for coordinating on the review of this proposed amendment with FDOT.
If you have any questions, please do not hesitate to contact me by email at
sheieen,.. IN 1 l ,fi ��s or at 305-470-5393.
0
Sincerely,
Docuftned by:
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"............B06CD06755954DD.- >
Shereen Yee Fong w
Transportation Planner IV
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Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Kenneth Jeffries, Florida Department of Transportation, District 6
Ray Eubanks, Department of Economic Opportunity
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council E
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Packet Pg.4891
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From: gin„„�„pow
Cc: �Pk;,,"1JIf rY
Subject: [EXTERNAL]-Monroe County 22-04ER Proposed
Date: Friday,June 17,2022 4:52:49 PM
Attachments: uii,�,Iw(i
.mm� . _ ... nmm �.��� ...........,.-, ..� mw
To: Ray Eubanks, DEO Plan Review Administrator 0
0
Re: Monroe County 22-04ER— State Coordinated Review of Proposed Comprehensive Plan -
Amendment a
0
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department)has reviewed the above-referenced amendment package under the
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:
air and water pollution; wetlands and other surface waters of the state; federal and state-owned 0
lands and interest in lands, including state parks, greenways and trails, conservation
easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package,the Department has found no
provision that, if adopted,would result in adverse impacts to important state resources subject
to the Department's jurisdiction.
CL
Please submit all future amendments by email to p �ori�.,n�, ,i�e� �a,�l°I��t°i�� +�i���i � �.. '.. Ifyour E
submittal is too large to send via email or if you need other assistance, contact Lindsay U
Weaver at(850) 717-9037.
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From: !�.i7. C ;L[wd,
To: JJ,!Vi ni rii J1. ir�i'r� r��Lry
Cc: t'ni° ry i.,t�!„",r
Subject: [EXTERNAL]-Monroe County 22-04ER(EAR-Based Amendment)
Date: Thursday,June 16,2022 12:22:12 PM
Dear Ms. Schemper, 7
0
Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed
comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. 0
We have no comments,recommendations, or objections related to listed species and their 29=
habitat or other fish and wildlife resources to offer on this amendment.
If you have specific technical questions,please contact me at(850) 617-6034 or by email
o rQ r �t V,�rf ;nrrr, All other inquiries may be directed to our office by email at
6 lll1, �..V ray l.y (��iII.VI i" (If'w.Y N..,�4 4✓v Ff V� �f 9 �ik 111�! °#pdp
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Sincerely,
Robert Irving
Land Use Planning Program Administrator
Florida Fish and Wildlife Conservation Commission
1875 Orange Ave. E., Russell Park
Tallahassee,Florida 32311-6160
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From: ,lip'! f i,J cll,,
To: Q` I1�ufilil' %r
Cc: n11111 )-"6('UIIf1y Co"!
Subject: [EXTERNAL]-Monroe County,DEO#22-4ER Comments on Proposed Comprehensive Plan Amendment Package
Date: Wednesday,June 15,2022 2:16:06 PM
Dear Mr. Eubanks:
0
The South Florida Water Management District (District) has completed its review of the proposed 0
amendment package submitted by Monroe County (County). The package includes Text and Map
Amendments to the Comprehensive Plan, including the County's Evaluation and Appraisal Report
(EAR) Amendment and the Property Rights Element. There appear to be no regionally significant
water resource issues; therefore, the District forwards no comments on the proposed amendment
package. E
CL
0
The District requests that the County forward a copy of the adopted amendments to the District at
the following email mailbox add� �y,% 1_'. �,m , i,,, Please contact me if you have
any questions or need additional information.
U)
Sincerely,
CL
Ms.Terry Manning,Senior Policy and Planning Analyst E
South Florida Water Management District U
Water Supply Implementation Unit
t3
3301 Gun Club Road
West Palm Beach, FL 33406
Phone: 561-682-6779
Fax: 561-681-6264
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E-Mail: tman.n_ing@sfwmd..gov C"
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PROPOSED AMENDMENTS
Local Government
Local Government Proposed Adopted Council Review Transmittal or
and Plan Date Adoption Public
Amendment Number Hearing and Meeting o
Broward County .. ... _ .._ . �ww .. 0
22-02ESR
(Received 04-28-22) �/ N/A 06-27-22 04-26-22 >
1. The proposed
Natural Resource Map of the B owa d County Land p posed amendment to Bro y' Comprehensive Plan updates the a 11nds po t
P a he
p � y Use Plan (BCLUP) (P ) proposed ed
revisions are based on actions taken by staff from January 1,2020,through December 31,2021.Those actions CL
0
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
addition, sites that were determined to be scrivener's errors due to no historical or current evidence of
wetlands have been removed from the Map;these sites are not included in the removal total. U)
2. This amendment affects Broward County.
3. This amendment does not create any adverse impact to state or regional resources/facilities and the
CL
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional
Policy Plan. t0
Monroe County ._.. ..... ... 0
22-04ER * 03-16-22
(Received 05-23-22) ✓ N/A 06-27-22 04-20-22
City of Deerfield CCN
N._... v
..... ....
Beach
22-01ER * ,/ N/A 06-27-22
04-19-22
(Received 05-02-22)
t3
- ...
City of Hallandale
Beach 0
22-01ESR* �/ N/A 06-27-22 05-18-22 )
(Received 05-31-22) c14
1 Rig h proposed to the above-mentioned Comprehensive Plans re ts -on of .. N
p fleas the creation of a Property �
g o 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 local governments named above.
2
Packet Pg.4895
S.1.d
Local Government
Local Government Proposed Adopted Council Review Transmittal or
and Plan Date Adoption Public
Amendment Number Hearing and Meeting
3. This amendment does not create any adverse impact to state or regional resources/facilities.If an agency Y g Y
provides comments on these proposed amendments, the local governments should consult with the
pertinent agency to address the comments prior to adoption. 0
Town of Cutler Bay
22-02ER
(Received 06-01-22) N/A 06-27-22 05-18-22
CL
1. The proposed amendment to the Town of Cutler Ba 's Comprehensive Plan c applications y p consists of a ionsfor o
.. �
amendments to the Town of Cutler Bay Growth Management Plan based on the 2021 Evaluation and
Appraisal process that was conducted in accordance with the requirements of the Florida Statutes. The
proposed amendment includes policies to enhance Town resilience through adaptation and mitigation
measures including the identification of hard and green infrastructure to expand the flood protection system,
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
affordable housing options. It updates the Plan to reflect current local and regional intergovernmental CL
coordination efforts.
0
2. This amendment affects the Town of Cutler Bay. c)
3. This amendment does not create any adverse impact to state or regional resources/facilities and the c;
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional
Policy Plan.
City of Hallandale N
Beach >-
22-02ESR N/A 06-27-22 05-18-22
(Received 05-31-22) U
1. The pro.... _.
posed amendment to the City of Hallandale Beach Comprehensive Plans Future Land Use Elem
ent is
proposing 500 additional Regional Activity Center(RAC) residential dwelling units:
2. This amendment affects the City of Hallandale Beach.
3. This amendment does not create any adverse impact to state or regional resources/facilities and the i N
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional
Policy Plan. N
N
City of Key West
a�
22-03ACSC
(Received 05-25-22) N/A 06-27-22 05-18-22
proposed ose....,.— ____,............m.... .............................................. ..__..r.. ..... �.............. .....
1. The ro d amendment to the City of Key West's Comprehensive Plan amends the Future Land 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.
3
Packet Pg.4896