Item P4 P4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: P4
2023-1517
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: An Ordinance By The Monroe County Board Of County
Commissioners Adopting Amendments To Monroe County Land Development Code Chapter 122
Floodplain Management, Section 122-25(b)(1)(b) To Allow For 299 Square Feet Or Less Of Opaque
Breakaway Construction For Enclosed Space Below Elevated Structures In VE And Coastal A Flood
Zones; Providing For Severability; Providing For Applicability; Providing For Repeal Of Conflicting
Provisions; Providing For Transmittal To The State Land Planning Agency And The Secretary Of State;
Providing For Amendment To And Incorporation In The Monroe County Land Development Code;
Providing For An Effective Date.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
Section 122-25(b)(1)(b) to again allow for enclosures below base flood elevation within the VE and
Coastal A flood zones to be enclosed with opaque materials of breakaway construction.
On November 15, 2022, the Monroe County Board of County Commissioners (BOCC) adopted
Ordinance 026-2022, amending Chapter 122 of the LDC to be consistent with the FDEM's model
floodplain management ordinance which is written to explicitly rely on and be coordinated with the
flood provisions in the Florida Building Code, meeting the National Flood Insurance Program
requirements and approved by the Federal Emergency Management Agency in 2013. Ordinance 026-
2022 became effective on March 7, 2023, following review by the Florida Department of Economic
Opportunity (DEO), DEO's issuance of a Final Order—published on February 14, 2023, and no
challenges to that Final Order within the 21-day challenge period.
Following the effectiveness of Ordinance 026-2022, members of the community expressed concerns
over a change to regulations within the VE flood zone, which no longer allows enclosures below base
flood elevation within the VE and Coastal A flood zones to be enclosed with opaque materials of
breakaway construction. Following staff review of the process for Ordinance 026-2022, it is believed
that this change was inadvertent and unintentional.
On April 6, 2023, the BOCC held a special meeting to discuss floodplain management issues and
4146
directed staff to proceed with an amendment to Ordinance 026-2022 that would again allow enclosures
below base flood elevation within the VE and Coastal A flood zones to be enclosed with opaque
materials of breakaway construction.
The proposed amendment will reinstate the ability to enclose up to 299 square feet of area below base
flood elevation within the VE and Coastal A flood zones with opaque materials of breakaway
construction.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 22, 2023, at
5:05pm, to provide for public input.
Development Review Committee and Public Input
On June 27, 2023, the Development Review Committee (DRC) held a virtual meeting to review the
proposed amendments and receive public input.
FL Division of Emergency Management FDEM, Review
All communities that amend the local floodplain regulations FBC must submit draft ordinances to
FDEM for review prior to Planning Commission hearing. Based on correspondence with FDEM on July
31, 2023, the proposed amendment language has been edited slightly to reflect requested changes.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on August 23,
2023,provided for public input and recommended approval.
Proposed Amendments are shown with deletions and additions are underlined.
Sec. 122-25. —Buildings and Structures.
(b) Enclosed areas below elevated buildings. Enclosed areas (enclosures)below elevated buildings
shall comply with all the applicable requirements of the Florida Building Code and the following:
(1) Enclosed areas below new and substantially improved one- and two-family dwellings, and below
lateral additions to one- and two-family dwellings:
a. In zone A/AE flood hazard areas, not more than 299 square feet may be permitted to be enclosed
by walls of opaque materials, except for perimeter foundations (crawl/underfloor spaces that have
a wall height less than 5 feet). Additional area may be enclosed with screening or open lattice.
The size limitation shall not apply to areas enclosed for parking of aircraft below residential
buildings abutting airport districts.
b. In coastal high hazard areas (Zone V) and coastal A zones, not more than 299 square feet may be
permitted to be enclosed by breakaway walls of opaque materials. Additional area may be
enclosed with screening or open lattice.
4147
PREVIOUS RELEVANT BOCC ACTION:
November 15, 2022 - BOCC adopted Ordinance No. 026-2022, amending Chapter 122 of the LDC to be
consistent with the FDEM's model floodplain management ordinance which is written to explicitly rely
on and be coordinated with the flood provisions in the Florida Building Code.
April 6, 2023 - BOCC held a special meeting to discuss Ordinance No. 026-2022, and directed staff to
process an amendment to allow opaque breakaway walls up to 299 sf in VE and Coastal A zones.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2023-099 Staff Report BOCC 09.20.23.docx
2023-099_Ordi a ce.pdf
FINANCIAL IMPACT:
N/A
4148
18 l'3
d ��
3 � a
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8 To: Monroe County Board of County Commissioners
9
10 From: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12 Date: September 5, 2023
13
14 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
15 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
16 CODE CHAPTER 122 FLOODPLAIN MANAGEMENT, SECTION 122-
17 25(b)(1)b TO ALLOW FOR 299 SQUARE FEET OR LESS OF OPAQUE
18 BREAKAWAY CONSTRUCTION FOR ENCLOSED SPACE BELOW
19 ELEVATED STRUCTURES IN VE AND COASTAL A FLOOD ZONES;
20 PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
22 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
23 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
24 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT
25 CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2023-099)
26
27 Meeting: September 20, 2023
28
29 I. REQUEST
30
31 The Monroe County Planning & Environmental Resources Department is proposing amendments to
32 Section 122-25(b)(1)b to again allow for enclosures below base flood elevation within the VE and
33 Coastal A flood zones to be enclosed with opaque materials of breakaway construction.
34
35 II. BACKGROUND INFORMATION
36
37 On November 15, 2022, the Monroe County Board of County Commissioners (BOCC) adopted
38 Ordinance 026-2022, amending Chapter 122 of the LDC to be consistent with the FDEM's model
39 floodplain management ordinance which is written to explicitly rely on and be coordinated with the flood
40 provisions in the Florida Building Code, meeting the National Flood Insurance Program requirements
41 and approved by the Federal Emergency Management Agency in 2013. Ordinance 026-2022 became
42 effective on March 7, 2023, following review by the Florida Department of Economic Opportunity
43 (DEO), DEO's issuance of a Final Order —published on February 14, 2023, and no challenges to that
44 Final Order within the 21-day challenge period.
45
46 Following the effectiveness of Ordinance 026-2022, members of the community expressed concerns
47 over a change to regulations within the VE flood zone, which no longer allows enclosures below base
BOCC Staff Report Page 1 of 13
File#2023-099
4149
I flood elevation within the VE and Coastal A flood zones to be enclosed with opaque materials of
2 breakaway construction. Following staff review of the process for Ordinance 026-2022, it is believed
3 that this change was inadvertent and unintentional.
4
5 On April 6,2023,the BOCC held a special meeting to discuss floodplain management issues and directed
6 staff to proceed with an amendment to Ordinance 026-2022 that would again allow enclosures below
7 base flood elevation within the VE and Coastal A flood zones to be enclosed with opaque materials of
8 breakaway construction.
9
10 Prior to Ordinance 026-2022, restrictions on enclosures below base flood elevation within V zones
11 were as follows:
12
Sec. 11224. - Standards for Issuance of Buildiiing (permits in
13 Areas of Specipall Flood Hazard.
14 ...
M Addidonali standards, In all areas of specaal fllcuw:d hazard:!May base Mod e:ovation data -iias been I3ro ir,N�,d khie
f'ralllowrriiing I: rovisiions are irequired:
15 (1'j Resicienrial construction.
16 ...
d_f. E tid epat as noted W subsection(IbH7) of this secdoi, the space Il)Plfowrr the qo west floc)r of an elevated
strract7twe shad be used e0usnwAAy for parking of wh^,ks, elevators, (lniin k'rorag 'ol'' Lll,anld"pii ng access
purposes,es, SLIChl;spaces i:-ri ay be errclirased Under the folllciwiiirugf cord. urns:
p. d_'grnlpt as mara,iMtunan of 99 scqurai.e,feet of Te slpme shall be enclosed with opaarpue niratenlaa1v,any
rerrlallnli ng, p_ortiwon of an elruabsed area of la?rai e d1n an 299 _kqualm feet'shall wary be inxIoserf vidi Hreerl
or open ltat iir e TII-arsv lilnkation shall not apof to pK irr,g&aiirrl daft b,,ensetiath, ire ,Id'pen,6al f_:ouilcpiragrs
albut ii rg alToc t 25 Iris. f°fw.anwinlfr'armiing ul e,:as of 300 square feet d.ar moire, enrclosed with opuaapuo
mate)wa11 a, e.,a%ig on AKH I Z 2004 thie effective date Whe abiknaa-are frorn whidhr this section is
derived shil be deemed corJorraalragq as to the provisions Of thl_ SLibser,a oin 'I ' ' �7��hplo 1�rl,'�h.�; however,
wrever,
such en7d los,w es shall not be expanded aT substantially iraapar,,vedl LOWS My are Idaiunglhrt irat..o
17 corn plliaoce wranthl this rhapxter
18 ...
(5) Cc')La-,tat hna'/'�s-fsazarrd,fareas('VzonesA Within the airea rut p.,ecn,all flood hazard are woos s deignawd as rrwa,:ral
anghu-haazarcl areas, ,otuhua-Ih have special flood hazards associated with wave wash. The,f alpowwrlyd;g provisiid)ru o shwaall
apspplly in these areas:
a. New constradoin or suWanthl Knipr-da verrseMs Mn zmas V1 al VE or V shall be elevved so that thue
Mum of the Ilf_mest horizontas srr"li rssor-nber of rho lowest floor",xdudiing psHNgs or colunys) is
lacaterq at or alEaaove the base Hood e ewsadon Revell,w,rU�Rh thle space oek)w thwe Iiow"es horizontal str,,_,nd tur-al
nnel bear apeno or constructed v ithl bnakawaywaHs so as riot to ln'aliAaede th-de flow of flcDd_rdwatel n_s. BI eakaasrway
wNIsr nay be p una"tiuttwd:p for aaesdatic pswlaows My and rm-rust be rlesifraesp to wash away 6 the event of
19 a�purau_arrrscall wawa'racuon a_arud in ac-cor game wltlh the psroKlon caf Sec'tl=rli n ,t gl.YXQ (p-uX511hI and tCa)(Yi.
20 ...
BOCC Staff Report Page 2 of 13
He#2023099
4150
Walls a rid bt a rs'511a I I be a I lowe'd "--40W the baSP flOOd P.k-v a.dorr,, 'Drovided they a i P. riot [Dal t of tfse
SLI'LICtILH-A SUlP[DCII-t Of the [-)]I-Jlldllflg arld air-i-,des(girie,ci to Lrreak aWay U11de.1-th- 4iilpact ofalbrorrr4ly hrgh
tides oir krrckclriivero Water Without darllagE to thie Str"LJCtU11-A irrte.,gll-IV/Of the bUildh,7g 011 Whlidh they aI"e to
l--)e US-(J,arKl Ipr.o0cled that a ck-'sigir Ica.ad Iirlit of rsct Less thari teri ard r-10 Mc),rp thain 20 lacrrurrds :Der scluan-,
foot shaI be nosed as th+-,s afe Iloacl desigri for Ibireakaway wa.Hs
2 ...
3
4 Ordinance 026-2023 included the following revised regulations related to enclosures below base flood
5 elevation in VE and Coastal A zones:
6
Sec. 122-25. - IBuilld:ings, and: stiructures.
8 ...
(b) Enclosed areas below elevated bUildiings. Einrclosecl arc-as (+-ndc),sji-,r+,--,$)[-4low e evaU--,,ci '-)ji-,rHdiingssIhall coniplyv,uithr
all the al'Dl,')lkcable reClUilreMeints of rhe FkDrida BlUilding Code ancJ thre foftawiiinr,g:
D
�1;6 Ersd/osed areas bekw rrewa rrdsu.i bsta riti all ly i riipir-c.,ved orie—a rrd two-fairifly idwel I i rigs, aricl below la eirjil
ackfidaris tc-)one-and tvic),-famfly dwellings:
a, �lri zom,A/AE flooc-1 hazaird arpas, not rnor e tlhan 299 square feet may be L:reriniitted to be+,--,ndosPd by walls
than 5 feet}.Additiorial airea r-nay[-ae enclOSE?d wraith scireeniing or ap+,--,n lattcp. P,-ne size imi�tatioin shall inot
a,fqDly to area,enclosed fr--)i, hDairkiingcf aiii-oraft below resideintial bukhrrgf,abutting airport chstricts.
b,, lri cr.),asta hlqh hazard areas(Z(,-.),rie V)aind coastcA A zrarieS, r)(Dt M011'e thain 299 scj�.aare feet riay be per rilltr+,"d
9 to be endosed [-ay v,,41s of scree-rhngoir ol:Dein Lattice.
10 ...
11
12 The proposed amendment will reinstate the ability to enclose up to 299 square feet of area below base
13 flood elevation within the VE and Coastal A flood zones with opaque materials of breakaway
14 construction.
15
16
17 Community Meeting and Public Participation
18 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 22, 2023, at
19 5:05pm, to provide for public input.
20
21 Development Review Committee and Public Input
22 On June 27, 2023, the Development Review Committee (DRC) held a virtual meeting to review the
23 proposed amendments and receive public input.
24
25 FL Division of Emer2ency Management WDEM) Review
26 All communities that amend the local floodplain regulations FBC must submit draft ordinances to FDEM
27 for review prior to Planning Commission hearing. Based on correspondence with FDEM on July 31,
28 2023, the proposed amendment language has been edited slightly to reflect requested changes.
29
30
BOCC Staff Report Page 3 of 13
File 4 2023-099
4151
I Planning Commission and Public Input
2 The Planning Commission considered the proposed amendment at a regular meeting on August 23,
3 2023,provided for public input and recommended approval.
4
5
6 III. PROPOSED LAND DEVELOPMENT CODE AMENDMENT
7
8 Proposed Amendments are shown with deletions st44ekef t4-e and additions are underlined.
9
10
11 Sec. 122-25. —Buildings and Structures.
12 ...
13 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated buildings
14 shall comply with all the applicable requirements of the Florida Building Code and the following:
15 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and below
16 lateral additions to one- and two-family dwellings:
17 a. In zone A/AE flood hazard areas, not more than 299 square feet may be permitted to be
18 enclosed by walls of opaque materials, except for perimeter foundations
19 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area may
20 be enclosed with screening or open lattice. The size limitation shall not apply to areas
21 enclosed for parking of aircraft below residential buildings abutting airport districts.
22
23 b. In coastal high hazard areas (Zone V) and coastal A zones, not more than 299 square
24 feet may be permitted to be enclosed by breakaway walls of opaque materials.
25 Additional area may be enclosed with screening or open lattice.
26
27
28
29
30
31 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
32
33 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
34 158(d)(7)(b):
35
36 1. Changed projections (e.g., regarding public service needs) from those on which the text or
37 boundary was based;
38 N/A
39
40 2. Changed assumptions (e.g., regarding demographic trends);
41 N/A
42
43 3. Data errors, including errors in mapping, vegetative types and natural features described in
44 volume 1 of the plan;
45 Previous amendments to Section 122-4 which no longer allow enclosures below base flood
46 elevation within the VE and Coastal A flood zones to be enclosed with opaque materials of
47 breakaway construction were inadvertently adopted under Ordinance 026-2023. The BOCC
BOCC Staff Report Page 4 of 13
File 4 2023-099
4152
I wishes to repeal that change and allow breakaway construction as was allowed prior to
2 Ordinance 026-2023.
3
4 4. New issues;
5 N/A
6
7 5. Recognition of a need for additional detail or comprehensiveness; or
8 N/A
9
10 6. Data updates;
11 N/A
12
13 In no event shall an amendment be approved which will result in an adverse community change
14 to the planning area in which the proposed development is located or to any area in accordance
15 with a Livable CommuniKeys master plan pursuant to findings of the Board of County
16 Commissioners.
17
18 The proposed text amendment is not anticipated to result in an adverse community change.
19
20 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
21 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
22
23 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
24 County 2030 Comprehensive Plan. Specifically,it furthers:
25
26 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
27 County residents and visitors, and protect valuable natural resources.
28
29 Policy 101.5.30: In order to preserve the existing community character and natural environment, Monroe
30 County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical
31 distance between grade and the highest part of any structure,including mechanical equipment,but excluding
32 spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or
33 television antennas; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
34 supporting structures with attached antennas and/or collocations. However, in no event shall any of the
35 exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable
36 height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33.In the case of
37 airport districts, there shall be no exceptions to the 35-foot height limitation.
38
39 Policy 101.5.32: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
40 Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote
41 public health, safety and general welfare; allow adaptation to coastal flooding,storm surge and other hazards;
42 protect property from flooding and minimize damages; minimize public and private losses due to flooding;
43 minimize future expenditures of public funds for flood control projects and for recovery from flood events;
44 and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of
45 five (5) feet above the 35-foot height limit shall be provided to allow lawfully existing buildings to be
46 voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height
47 exception of a maximum of three (3) feet above the 35-foot height limit shall be provided to allow new (new
48 construction or substantially improved)buildings to voluntarily elevate up to three(3)feet above FEMA base
49 flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce
50 flood insurance premiums and minimize future expenditures of public funds for recovery from flood events.
BOCC Staff Report Page 5 of 13
File#2023-099
4153
I In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height
2 of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.
3
4 Policy 101.5.33: Within 1 year of the effective date of this policy, Monroe County shall adopt Land
5 Development Regulations which provide a Flood Protection Height Exception for lawfully established
6 existing buildings which exceed the 35-foot height limit,to promote public health,safety and general welfare;
7 allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and
8 minimize damages; minimize public and private losses due to flooding; minimize future expenditures of
9 public funds for flood control projects and for recovery from flood events;and mitigate rising flood insurance
10 premiums. A lawfully established existing building may be repaired,improved,redeveloped and/or elevated
11 to meet required FEMA base flood elevation (BFE)provided the building does not exceed a total maximum
12 building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area,
13 building envelope (floor to floor height), density and type of use. For lawfully established existing buildings
14 that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the
15 Board of County Commissioners shall be required to review and specify the maximum approved height prior
16 to issuance of any county permit or development approval. The Planning Commission shall provide a
17 recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
18 specifying the maximum approved height.
19
20 Policy 101.9.5: Existing manufactured homes which are damaged or destroyed so as to require substantial
21 improvement shall be required to meet the most recent HUD standards, and the floodplain management
22 standards set forth by FEMA.
23
24 Objective 101.10: Monroe County shall provide for drainage and stormwater management so as to protect
25 real and personal property and to protect and improve water quality.
26
27 Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate local,
28 state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable
29 state and federal regulations.
30
31 Objective 101.14: Monroe County shall maintain land development regulations which direct future growth
32 away from areas within the Coastal High Hazard Area(CHHA).
33
34 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
35 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
36 tropical hardwood hammock).
37
38 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement shall
39 be one hundred(100)percent of the following types of wetlands:
40 1. submerged lands
41 2. mangroves
42 3. salt ponds
43 4. fresh water wetlands
44 5. fresh water ponds
45 6.undisturbed salt marsh and buttonwood wetlands
46 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
47 and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats.
48 Submerged lands, salt ponds, freshwater ponds,and mangroves shall not be assigned any density or intensity.
49
50 Objective 102.3: Monroe County shall maintain land development regulations which will direct new
51 development to areas having appropriate topography and soil conditions and to where site disturbance and
BOCC Staff Report Page 6 of 13
File 4 2023-099
4154
I man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms
2 and marine resources.
3
4 Objective 102.7: Monroe County shall take actions to discourage new private development in areas
5 designated as units of the Coastal Barrier Resources System (CBRS).
6
7 Objective 105.1:Monroe County shall continue to implement smart growth initiatives in conjunction with its
8 Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development
9 processes to preserve the natural environment, maintain and enhance the community character and quality of
10 life,redevelop blighted commercial and residential areas,remove barriers to design concepts,reduce sprawl,
11 and direct future growth to appropriate infill areas.
12
13 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,
14 lakes and tidal streams,) and associated marine resources shall be maintained and,where possible,improved
15 or restored.
16
17 Policy 202.4.1: Monroe County shall support state and federal policies and regulations concerning the
18 permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by
19 Monroe County shall be maintained.
20
21 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
22 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,where possible,
23 restored and enhanced.
24
25 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations
26 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts
27 of development upon mangroves.
28
29 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected
30 and,where possible,restored and enhanced.
31
32 Policy 204.2.2: To protect submerged lands and wetlands,the open space requirement shall be 100 percent of
33 the following types of wetlands:
34 1. submerged lands;
35 2. mangroves;
36 3. salt ponds;
37 4. fresh water wetlands;
38 5. fresh water ponds; and
39 6.undisturbed salt marsh and buttonwood wetlands.
40 Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh
41 and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged
42 lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or intensity. Within one
43 (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a
44 prohibition of development in salt ponds.
45
46 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
47 where possible, enhanced.
48
49 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
50
51 Policy 206.1.4: Monroe County shall implement a "Permit Referral Process" for review of all development
52 that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The
BOCC Staff Report Page 7 of 13
File 4 2023-099
4155
I SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS)which contain potentially
2 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo
3 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
4 Butterfly, Silver Rice Rat, and Stock Island Tree Snail.
5
6 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
7 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the
8 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is
9 to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state
10 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS
11 regarding permit applications filed with or issued by Monroe County.
12
13 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit
14 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and
15 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not
16 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult
17 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of
18 development.
19
20 Objective 206.2: Monroe County shall provide guidance to private landowners to reduce disturbances to
21 wildlife species designated by the FWS as threatened or endangered.
22
23 GOAL 208: Monroe County shall discourage private land uses on its mainland, offshore islands and
24 undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated
25 with private land uses on adjoining lands.
26
27 GOAL 210: The health and integrity of Monroe County's beach/berm resources shall be protected and,when
28 possible,restored and enhanced.
29
30 Objective 212.5: Monroe County shall maintain land development regulations pertaining to shoreline
31 stabilization.
32
33 GOAL 216: Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment
34 to increase public safety and reduce damages and public expenditures.
35
36 Objective 216.1: Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard
37 Area(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.
38
39 Policy 216.1.4: Monroe County shall continue its policy of reviewing the current Building Code and, as
40 appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum
41 FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The
42 recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to
43 the Code.
44
45 Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program(NFIP)
46 Community Rating System(CRS) to the maximum extent possible and shall seek to improve its current CRS
47 Class rating.
48
49 Policy 216.1.6: Monroe County shall continue to enforce federal, state and local setback and elevation
50 requirements to promote the protection and safety of life and property. Revisions to the existing setback
51 requirements contained in the land development regulations shall be considered as a means of reducing
52 property damage caused by storms.
BOCC Staff Report Page 8 of 13
File 4 2023-099
4156
1
2 Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
3 acquisition decisions.
4
5 Policy 216.1.8: Monroe County shall require that, to the greatest extent practicable, development activity,
6 such as land clearing, grading and filling will not disturb natural drainage patterns.
7
8 Policy 216.2.2: Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies
9 procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term
10 rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged
11 infrastructure and consideration of alternatives to its repair or replacement in the CHHA.
12
13 Policy 216.2.3: The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
14 within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and
15 shall specify procedures for relocating or replacing public infrastructure away from them,where feasible.
16
17 Policy 216.2.4: Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with
18 Emergency Management to include in the Local Mitigation Strategy considerations for repetitive loss and
19 severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible
20 to repeated damage.
21
22 Objective 216.3: Monroe County shall maintain land development regulations which directs future growth
23 away from the Coastal High Hazard Area(CHHA).
24
25 Objective 601.3:Monroe County shall continue implementation efforts to eliminate substandard housing and
26 to preserve, conserve and enhance the existing housing stock,including historic structures and sites.
27
28 Policy 601.3.1: Monroe County shall coordinate with other County agencies to monitor housing conditions.
29 Standards for evaluation of the structural condition of the housing stock are summarized below:
30 Sound: Most housing units in this category are in good condition and have no visible defects. However,
31 some structures with slight defects are also included.
32 Deteriorating: A housing unit in this category needs more repair than would be provided in the course of
33 regular maintenance, such as repainting.A housing unit is classified as deteriorating when its deficiencies
34 indicate a lack of proper upkeep.
35 Dilapidated(Substandard): A housing unit in this category indicates that the unit can no longer provide
36 safe and adequate shelter or is of inadequate original construction including being constructed below the
37 minimum required elevation by FEMA or the County's Floodplain Regulations.
38
39 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce building code
40 regulations and County ordinances governing the structural condition of the housing stock, to ensure the
41 provision of safe, decent and sanitary housing and stabilization of residential neighborhoods.
42
43 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach,
44 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental
45 organizations and private organizations to exchange data and develop coordinated strategies to address energy
46 conservation and impacts from climate change.
47
48 Objective 1501.1: Monroe County shall coordinate and collaborate with municipalities and other public and
49 private entities to address energy conservation strategies and unique climate change impacts, including
50 adaptation and mitigation strategies.
51
BOCC Staff Report Page 9 of 13
File 4 2023-099
4157
I Policy 1501.1.4: Monroe County shall seek the support of agencies, such as the National Oceanic and
2 Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management
3 Agency (FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ACOE), as well as
4 universities and not-for-profit organizations to coordinate support for updating, exchanging and analyzing
5 data regarding potential changes in climate change vulnerability.
6
7 Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land development
8 regulations, the County shall update the data and assumptions related to climate change impacts to
9 infrastructure based on the latest scientific predictions and observed(monitored) impacts. Monroe County
10 shall also consider climate change impacts such as increased temperatures, sea level rise,potentially shifting
11 habitat and ecosystem types and the need to withstand increased storm surge in evaluating public infrastructure
12 decisions.
13
14 Policy 1503.1.4: Monroe County shall review the most updated FEMA maps within one (1) year of their
15 release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas.
16
17 Policy 1503.4.1: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe County
18 shall review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
19 consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs.
20
21 Objective 1504.1: Within five (5)years after the adoption of the 2030 Comprehensive Plan, the County shall
22 revise its land acquisition and preservation policies to consider the climate change-related values of natural
23 areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the resource's
24 strategic capacity to absorb floodwaters and address coastal ecosystem migration.
25
26 B.The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area,
27 Section 380.0552(7), Florida Statutes.
28
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
30 principles for guiding development and any amendments to the principles, the principles shall be construed
31 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
32
33 (a) Strengthening local government capabilities for managing land use and development so that local
34 government is able to achieve these objectives without continuing the area of critical state concern
35 designation.
36 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
37 wetlands, fish and wildlife, and their habitat.
38 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
39 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
40 their habitat.
41 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
42 development.
43 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
44 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
45 ensuring that development is compatible with the unique historic character of the Florida Keys.
46 (g) Protecting the historical heritage of the Florida Keys.
47 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
48 public investments,including:
49
50 1. The Florida Keys Aqueduct and water supply facilities;
51 2. Sewage collection, treatment, and disposal facilities;
52 3. Solid waste treatment, collection, and disposal facilities;
BOCC Staff Report Page 10 of 13
File 4 2023-099
4158
1 4. Key West Naval Air Station and other military facilities;
2 5. Transportation facilities;
3 6. Federal parks,wildlife refuges, and marine sanctuaries;
4 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
5 8. City electric service and the Florida Keys Electric Co-op; and
6 9. Other utilities, as appropriate.
7
8 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
9 replacement of stormwater management facilities; central sewage collection; treatment and disposal
10 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
11 disposal systems.
12 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
13 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
14 applicable, and by directing growth to areas served by central wastewater treatment facilities through
15 permit allocation systems.
16 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
18 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
19 manmade disaster and for a postdisaster reconstruction plan.
20 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
21 Florida Keys as a unique Florida resource.
22
23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
24 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
25
26 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
27 Specifically, the amendment furthers:
28
29 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
30 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the
31 public interest; overcome present handicaps; and deal effectively with future problems that may result
32 from the use and development of land within their jurisdictions. Through the process of comprehensive
33 planning, it is intended that units of local government can preserve, promote, protect, and improve the
34 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention,
35 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
36 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
37 develop,utilize, and protect natural resources within their jurisdictions.
38
39 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
40 out in this act and that no public or private development shall be permitted except in conformity with
41 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
42
43 163.3164(14), F.S.—"Development"has the same meaning as in s. 380.04.
44
45 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards,and strategies
46 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
47 the area that reflects community commitments to implement the plan and its elements. These principles
48 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
49 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
50 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
51 government's programs, activities, and land development regulations will be initiated, modified, or
52 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
BOCC Staff Report Page 11 of 13
File 4 2023-099
4159
I require the inclusion of implementing regulations in the comprehensive plan but rather to require
2 identification of those programs, activities, and land development regulations that will be part of the
3 strategy for implementing the comprehensive plan and the principles that describe how the programs,
4 activities, and land development regulations will be carried out. The plan shall establish meaningful and
5 predictable standards for the use and development of land and provide meaningful guidelines for the
6 content of more detailed land development and use regulations.
7
8 163.3177(6)(d), F.S. —A conservation element for the conservation, use, and protection of natural resources
9 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils,
10 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat,
11 minerals,and other natural and environmental resources,including factors that affect energy conservation.
12
13 163.3178(2)(a), F.S. —A land use and inventory map of existing coastal uses, wildlife habitat, wetland and
14 other vegetative communities,undeveloped areas, areas subject to coastal flooding,public access routes
15 to beach and shore resources, historic preservation areas, and other areas of special concern to local
16 government.
17
18 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminate
19 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
20 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
21 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater
22 runoff, and the related impacts of sea-level rise.
23 2. Encourage the use of best practices development and redevelopment principles, strategies, and
24 engineering solutions that will result in the removal of coastal real property from flood zone designations
25 established by the Federal Emergency Management Agency.
26 3. Identify site development techniques and best practices that may reduce losses due to flooding and
27 claims made under flood insurance policies issued in this state.
28 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida
29 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60.
30 5. Require that any construction activities seaward of the coastal construction control lines established
31 pursuant to s. 161.053 be consistent with chapter 161.
32 6. Encourage local governments to participate in the National Flood Insurance Program Community
33 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance
34 premium discounts for their residents.
35
36 163.3194(1)(a), F.S. — After a comprehensive plan, or element or portion thereof, has been adopted in
37 conformity with this act, all development undertaken by, and all actions taken in regard to development
38 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent
39 with such plan or element as adopted.
40
41 163.3201, F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
42 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in
43 part,by the adoption and enforcement of appropriate local regulations on the development of lands and
44 waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of
45 regulations for the development of land or the adoption and enforcement by a governing body of a land
46 development code for an area shall be based on, be related to, and be a means of implementation for an
47 adopted comprehensive plan as required by this act.
48
49 163.3202(2), F.S. — Local land development regulations shall contain specific and detailed provisions
50 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:
51 (a) Regulate the subdivision of land.
BOCC Staff Report Page 12 of 13
File 4 2023-099
4160
I (b) Regulate the use of land and water for those land use categories included in the land use element and
2 ensure the compatibility of adjacent uses and provide for open space.
3 (c)Provide for protection of potable water wellfields.
4 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
5 management.
6 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan.
7
8
9 VI. PROCESS
10
11 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
12 Planning Commission, the Director of Planning,private application, or the owner or other person having
13 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
14 shall review and process applications as they are received and pass them onto the Development Review
15 Committee and the Planning Commission.
16
17 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
18 the application, the reports and recommendations of the Department of Planning & Environmental
19 Resources and the Development Review Committee and the testimony given at the public hearing. The
20 Planning Commission shall submit its recommendations and findings to the Board of County
21 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
22 amendment, and considers the staff report, staff recommendation, Planning Commission
23 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
24 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
25
26 VII. STAFF RECOMMENDATION
27
28 Approval
BOCC Staff Report Page 13 of 13
File#2023-099
4161
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
12 LAND DEVELOPMENT CODE CHAPTER 122 FLOODPLAIN
13 MANAGEMENT, SECTION 122-25(B)(1)(B) TO ALLOW FOR 299
14 SQUARE FEET OR LESS OF OPAQUE BREAKAWAY CONSTRUCTION
15 FOR ENCLOSED SPACE BELOW ELEVATED STRUCTURES IN VE
16 AND COASTAL A FLOOD ZONES; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF
18 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
19 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
20 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
21 IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
22 PROVIDING FOR AN EFFECTIVE DATE.
23
24
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
27 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
28 manage land use and development; and
29
30 WHEREAS, the Monroe County Board of County Commissioners ("BOCC") recognizes
31 that the work of ordinance codification is an ongoing process that requires a continuing effort by
32 various County officials and professional staff, and it is the goal of the BOCC to ensure that
33 Monroe County Land Development Code Chapter 122 is kept current and of maximum use and
34 clarity; and
35
36 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County
37 Government, Florida Statutes,conferred upon local governments the authority to adopt regulations
38 designed to promote the public health, safety, and general welfare of its citizenry; and
39
40 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
41 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
42 health, safety, and welfare of the County's citizens; and
43
44 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
45 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
46 may be subject to periodic inundation which may result in loss of life and property, health and
47 safety hazards, disruption of commerce and governmental services, extraordinary public
4162
I expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
2 affect the public health, safety and general welfare, and
3
4 WHEREAS,the Monroe County has been accepted for participation in the National Flood
5 Insurance Program ("NFIP") and the Monroe County Board of County Commissioners desires to
6 continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60,
7 necessary for such participation; and
8
9 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
10 administered by FEMA enabling property owners in participating communities to purchase flood
11 insurance in exchange for the community's adoption of floodplain management regulations to
12 reduce future flood damages; and
13
14 WHEREAS,the participating communities floodplain management regulations must meet
15 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
16 C.F.R. Part 59 and Part 60); and
17
18 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
19 provide a mechanism for the uniform adoption, updating, amendment, interpretation and
20 enforcement of a state building code, called the Florida Building Code, and
21
22 WHEREAS, the Florida Division of Emergency Management ("FDEM" or "DEM"),
23 Bureau of Mitigation, State Floodplain Management Office developed a Model Floodplain
24 Management Ordinance for communities, written explicitly to rely on the flood provisions in the
25 Florida Building Code, and
26
27 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
28 meet or exceed the minimum NFIP requirements for buildings and structures; and
29
30 WHEREAS,the Federal Emergency Management Agency ("FEMA") approved the
31 State's Model Floodplain Management Ordinance in 2013; and
32
33 WHEREAS, the Monroe County Board of County Commissioners (`BOCC") has
34 determined that it is in the public interest to adopt the proposed floodplain management regulations
35 that rely on and are coordinated with the Florida Building Code; and
36
37 WHEREAS, on November 15, 2022, the BOCC adopted Ordinance No. 026-2022,
38 amending Chapter 122 of the Land Development Code to be consistent with DEM's model
39 floodplain management ordinance; and
40
41 WHEREAS, on April 6, 2023, the BOCC held a special meeting to discuss floodplain
42 management issues and directed staff to proceed with an amendment to Ordinance No. 026-2022
43 that would allow enclosures below base flood elevation within the VE and Coastal A flood zones
44 to be enclosed with opaque materials of breakaway construction, as previously allowed prior to
45 adoption of Ordinance No. 026-2022; and
46
47 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
4163
I considered the proposed amendments at a regularly scheduled meeting held on June 7, 2023; and
2
3 WHEREAS, on August 23, 2023,the Monroe County Planning Commission held a public
4 hearing for the purpose of considering the proposed amendment and provided for public comment
5 and recommended approval; and
6
7 WHEREAS,on September 20,2023,the Monroe County Board of County Commissioners
8 ("BOCC) held a public hearing to consider adoption of the proposed Monroe County Land
9 Development text amendment, considered the staff report, and provided for public comment and
10 public participation in accordance with the requirements of state law and the procedures adopted
11 for public participation in the planning process; and
12
13 WHEREAS, based upon the documentation submitted and information provided in the
14 accompanying professional staff report and professional staff presentation, the Monroe County
15 Board of County Commissioners makes the following findings of fact and conclusions of law:
16
17 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
18 2030 Monroe County Comprehensive Plan; and
19 2. The proposed amendment is consistent with the Principles for Guiding Development for
20 the Florida Keys Area of Critical State Concern, Fla. Stat. § 380.0552(7); and
21 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; and
22 4. The proposed amendment is necessary due to new issues and the need for additional
23 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
24 Land Development Code.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
30 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
31 herein.
32
33 Section 2. The text of the Monroe County Land Development Code is amended as shown
34 and stated herein.. Proposed Amendments are shown with deletions st+i kel t4-etlg4 and additions
35 are underlined.
36
37 Sec. 122-25.—Buildings and Structures.
38
39
40
41 (b) Enclosed areas below elevated buildings. Enclosed areas (enclosures) below elevated
42 buildings shall comply with all the applicable requirements of the Florida Building Code and
43 the following:
44 (1) Enclosed areas below new and substantially improved one- and two-family dwellings, and
45 below lateral additions to one- and two-family dwellings:
46 a. In zone A/AE flood hazard areas, not more than 299 square feet may be permitted
4164
I to be enclosed by walls of opaque materials, except for perimeter foundations
2 (crawl/underfloor spaces that have a wall height less than 5 feet). Additional area
3 may be enclosed with screening or open lattice. The size limitation shall not apply
4 to areas enclosed for parking of aircraft below residential buildings abutting
5 airport districts.
6
7 b. In coastal high hazard areas (Zone V) and coastal A zones, not more than 299
8 square feet may be permitted to be enclosed by breakaway walls of opaclue
9 materials. Additional area may be enclosed with screening or open lattice.
10
11
12
13
14 Section 3.These updates are necessary to ensure County consistency with the requirements
15 of the Florida Division of Emergency Management - Bureau of Mitigation - State Floodplain
16 Management Office's model floodplain ordinance. However, in recognition that where an extant
17 legislatively approved law is repealed by a subsequent legislative act which substantially reenacts
18 that repealed extant law, the prior legislatively approved law and the subsequent legislative act
19 shall be regarded as one continuous law uninterrupted in its operation, see McKibben v. Mallory,
20 293 So. 2d 48, 52-53 (Fla. 1974), see also Goldenberg v. Dome Condo. Assn, 376 So. 2d 37, 38
21 (Fla. 3rd DCA 1979), it is the express legislative intent and purpose of the BOCC, in relation to or
22 in connection with of subsequent administrative and judicial construction and review of this
23 ordinance and Chapter 122, that all recodified or reenacted provisions of Monroe County Land
24 Development Code Chapter 122, which includes those provisions of Chapter 122 unchanged or
25 not substantially modified by this ordinance, shall be deemed to have been in operation
26 continuously from their original enactment whereas the changes or substantial modifications are
27 treated as amendments effective from the time they go into legal effect.
28
29 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance
30 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
31 applications for development, including building permit applications and subdivision proposals,
32 submitted on or after the effective date of this ordinance.
33
34 Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
35 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
36 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
37 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
38 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
39 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
40 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
41 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
42 construction and interpretation shall be entitled to great weight in adversarial administrative
43 proceedings, at trial, bankruptcy, and on appeal.
44
45 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
46 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
47 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
4165
I unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
2 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
3 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
4 continue unimpaired in full force and effect.
5
6 Section 7. Conflicting Provisions. Consonant with Section 3. all ordinances or parts of
7 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
8 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
9 ordinance which has been repealed thereby.
10
11 Section 8. Captions and Paragraph Headings. Captions and paragraph headings, where
12 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
13 and intent of the particular paragraph or text to which they refer.
14
15 Section 9. Transmittal. This ordinance shall be transmitted to the Florida State Land
16 Planning Agency as required by Fla. Stat. § 380.05 (11) and Fla. Stat. § 380.0552(9).
17
18 Section 10. Filing. This ordinance shall be filed in the Office of the Secretary of the State
19 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
20 to Fla. Stat. § 380.05(6)by the Florida State Land Planning Agency or Administration Commission
21 approving the ordinance, and if the final order is challenged, until the challenge to the order is
22 resolved pursuant to Florida Statutes Chapter 120.
23
24 Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance
25 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
26 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
27 uniform marking system of the Code.
28
29 Section 12. Effective Date. This ordinance shall become effective as provided by law and
30 stated above.
31
32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
33 Florida, at a regular meeting held on the 201h day of September, 2023.
34
35 Mayor Craig Cates, District 1
36 Mayor Pro Tem Holly Merrill Raschein, District 5
37 Commissioner Michelle Lincoln, District
38 Commissioner James K. Scholl, District
39 Commissioner David Rice, District 4
40
41
42 BOARD OF COUNTY COMMISSIONERS
43 OF MONROE COUNTY, FLORIDA
44
45 By:
46 Mayor Craig Cates
4166
1
2
3
4
5 (SEAL)
6
e COUNTY TT
7 ATTEST: KEVIN MADOK, CLERK AP VED, TI
8 Date; 12
9 AS DEPUTY CLERK
4167