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HomeMy WebLinkAboutItem Q4 Q4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 11, 2024 Agenda Item Number: Q4 2023-3389 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Julie Cheon AGENDA ITEM WORDING: A Public Hearing to Consider the Adoption of an Ordinance Amending Monroe County Land Development Code Section 114-163 ("Waterfront Lighting") to Align with Chapter 62B-55, Florida Administrative Code, and Article V ("Sea Turtle Protection"), Chapter 12, Monroe County Code of Ordinances. ITEM BACKGROUND: The Monroe County Planning and Environmental Resources Department is proposing an amendment to the Monroe County Land Development Code ("LDC") to amend LDC Section 114-163 ("Waterfront Lighting") to align with the guidelines outlined in Chapter 62B-55 ("Model Lighting Ordinance for Marine Turtle Protection") as well as Article V ("Sea Turtle Protection"), Chapter 12, Monroe County Code of Ordinances. These changes include integrating the latest advancements in lighting technology and implementing best management practices ("BMPs") to significantly reduce incidents of sea turtle disorientations. PREVIOUS RELEVANT BOCC ACTION: On April 20, 1994, the Monroe County Board of County Commissioners ("BOCC" or "Board") unanimously approved BOCC Ordinance No. 008-1994 adopting and enacting new provisions for the protection of sea turtles, providing definitions, prohibiting certain activities disruptive to sea turtles, providing special lighting restrictions during nesting season, providing standards for mechanical beach cleaning,providing for prevention of animal predation of sea turtles, and providing penalties. On March 11, 1998 the Board unanimously approved BOCC Ordinance No. 010-1998, amending BOCC Ordinance No. 008-1994, the Sea Turtle Protection Ordinance, to include revisions that were intended to clarify and standardize the regulations, providing definitions, prohibiting certain activities disruptive to sea turtles, providing special lighting restrictions during nesting season, providing 5160 standards for mechanical beach cleaning, providing for prevention of animal predation of sea turtles, and providing penalties. On February 20, 2013, the Board unanimously approved BOCC Ordinance No. 008-2013 amending Monroe County Code of Ordinances Section 12-116, providing for the mayor to impose a "Lights Out" restriction for areas of unincorporated Monroe County. On May 25, 2024, the Board unanimously approved a request to advertise and schedule a public hearing to consider amendment(s) to Chapter 12, Article V., of the Monroe County Code of Ordinances. On July 17, 2024, the BOCC adopted BOCC Ordinance No. 024-2024 amending Article V ("Sea Turtle Protections"), Chapter 12, Monroe County Code of Ordinances. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2024-066_Ordinance_BOCC_24.12.1 Lpdf November 25, 2024-Dated Planning and Bnvtl. Resources Department Professional Staff Report.pdf FINANCIAL IMPACT: N/A 5161 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2024 9 10 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT 12 CODE SECTION 114-163 ("WATERFRONT LIGHTING") TO ALIGN WITH 13 CHAPTER 6213-55, FLORIDA ADMINISTRATIVE CODE, AND ARTICLE V, 14 CHAPTER 12 ("SEA TURTLE PROTECTION"), MONROE COUNTY CODE OF 15 ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 16 APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING 17 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 18 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 19 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND 20 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.' 21 22 23 WHEREAS,the Monroe County Board of County Commissioners ("BOCC", "Board", 24 "Monroe County", or the "County")recognizes that light pollution of beaches is a serious threat 25 to sea turtles and other species inhabiting its beaches; and 26 27 WHEREAS,the BOCC recognizes that nesting adult and hatchling sea turtles are 28 negatively affected by light pollution created by artificial light visible from any portion of the 29 beach; and 30 31 WHEREAS,the BOCC recognizes that sea turtles are protected by federal and state law; 32 and 33 34 WHEREAS,the BOCC recognizes that both its economy and the quality of life of its 35 residents are enriched by a healthy sea turtle population; and 36 37 WHEREAS, on or about July 17, 2024, the BOCC approved Ordinance No. 024-2024, 38 amending Article V ("Sea Turtle Protections"), Chapter 12, Monroe County Code of Ordinances, 39 to align with the guidelines outlined in Chapter 62B-55 ("Model Lighting Ordinance for Marine 40 Turtle Protection"), Florida Administrative Code; and 41 42 WHEREAS,these amendments incorporate the latest advancements in lighting 43 technology and establish best management practices (`BMPs") designed to significantly reduce 44 incidents of sea turtle disorientation, enhancing the protection of marine turtle habitats; and 45 1 Monroe County Planning and Environmental Resources Department File No.2024-066. 1 of 4 5162 I WHEREAS,the BOCC desires to minimize the detrimental effect(s) on nesting sea 2 turtle populations, and other listed sensitive wildlife by amending the standards in Monroe 3 County Land Development Code ("LDC") Section 114-163 to reduce the amount of artificial 4 light intentionally or unintentionally visible from beaches; and 5 6 WHEREAS, at a regularly scheduled public meeting held on December 11, 2024, the 7 BOCC held a duly noticed public hearing, considered the Monroe County Planning and 8 Environmental Resources Department's professional staff report accompanying this BOCC 9 agenda item (i.e., ordinance), which is dated November 25m, 2024, and prepared by Department 10 Senior Director Emily Schemper, and provided for public comment and public participation in 11 accordance with the applicable requirements of law and the procedures adopted for public 12 participation in the planning process; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 16 17 Section 1. The foregoing title, recitals, findings of fact, and conclusions of law are true and 18 correct and are hereby incorporated as if fully set forth herein. 19 20 Section 2. The above-referenced November 25, 2024-dated Monroe County Planning and 21 Environmental Resources Department professional staff report prepared by and 22 from Monroe County Planning & Environmental Resources Department Senior 23 Director Emily Schemper, A.I.C.P.,2 C.F.M. 3 and its analysis and determinations 24 of fact and law are hereby accepted and adopted as if fully stated herein. 25 26 Section 3. Construction and Interpretation. Where any definition(s) or provision(s) of this 27 Ordinance imposes greater restriction(s)or regulation(s)upon a subject matter than 28 another definition(s) or provision(s) imposed by Article V, Chapter 12, Monroe 29 County Code of Ordinances, or if any definition(s) or provision(s) of Article V, 30 Chapter 12, Monroe County Code of Ordinances, imposes greater restriction(s) or 31 regulation(s) upon a subject matter than another definition(s) or provision(s) 32 imposed by this Ordinance, the definition(s) or provision(s) imposing the greater 33 restriction(s) or regulation shall be deemed to be controlling. The interpretation of 34 this Ordinance and all provisions of the Monroe County Comprehensive Plan, 35 Florida Building Code, Florida Statutes, floodplain management requirements, and 36 Monroe County Codes whose interpretation arises out of,relates to,or is interpreted 37 in connection with this Ordinance shall be liberally construed and enforced in favor 38 of the Monroe County BOCC, shall be construed in favor of the Monroe County 39 BOCC, and such interpretation shall be entitled to great weight in adversarial 40 administrative proceedings, at trial, bankruptcy, and on appeal. 41 42 Section 4. The text of the Monroe County Land Development Code is amended as shown and 43 stated herein. Proposed amendments are shown with deletions st+ieke*�hr-etfg4 and 44 additions underlined. 2 American Institute of Certified Planners(A.LC.P.)certification. 3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2 of 4 5163 I Sec. 114-163. Waterfront Lighting. 2 (a) Outdoor lighting within twenty-five (25) feet of any body of water shall be cutoff 3 lights and shall not exceed a height of eighteen (18) feet above grade A iv f. t rc°� �(."c p. rind urcw° Y Ifs: lh."�4 �n Huai uai � u�cw° � u��u cw° � ;gin env s���cw�a� �4sffl. . 0 5 I��°..��G �u4Y�:nG (L, If�.� �u�u��nGw;��, a� ��ulluG ��i...�� �G ������G ��i..��n ����G';� �o c2all �� ... 6 Mol wc' U miimv Cod(." 7 8 (b) Dock lighting Lwl N kH-)k° fro. ii Itrr1Vcw. �ncw°����u�nv s����cw°s�����„ shall comply with 9 des�pm ei, yew° C I ]I N �d c V c :.oaL ,a ew° .� ..:� V..���.. � � V.:a 1u1uun.°v' 10 S OU11f�� u�l�u Vcw° ll�:�all I�ai�.�Vc �ncw°`����u�n s�„cw.a�� ���a�VV s�V��� �^oaii���;��Vy ��u4,.� �cw°�^��oin �2.::! � ��w. ��n���c. 11 Cod(." 12 13 (1) Light fixtures shall contain recessed light sources or shields; 14 2 15 IftHIles., f be of iiVak 4_—E)�'+---2-5...:. a ae a g "'r�ra lv... L G s4,"V110."fi;"Gw 16 s-s V....colnskl of V an 500...�ns 17 �4c a9�4w4 a9� �; a9 c �llG�. bag c` c �lia���V1 c �4 500 �a9�li4 q ll4w�c 4 Q �q ll�i ^9li& 18 (3) Dock lighting shall consist of low-profile, low-level luminaries no higher than 48 19 inches off the decking such as low-mounted wall fixtures, low bollards, and dock- 20 level fixtures, so that the light source or any reflective surface of the light fixture is 21 not visible from the water; and 22 (4) The use of red or green lights or lights that emit red or green light due to a lens 23 or other method is prohibited. 24 25 26 27 28 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. 29 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in 30 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or 31 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the 32 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining 33 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall 34 continue unimpaired in full force and effect. 35 36 Section 6. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 37 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 38 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been 39 repealed thereby. 40 41 Section 7. Captions and Paragraph Headings. Captions and paragraph headings, where 42 used herein, are inserted for convenience only and are not intended to descriptively limit the scope 43 and intent of the particular paragraph or text to which they refer. 44 3 of 4 5164 I Section 8. Transmittal. This ordinance shall be transmitted to the Florida State Land 2 Planning Agency as required by Chapters 163 and 380, Florida Statutes. 3 4 Section 9. Filin2. This Ordinance shall be filed in the Office of the Secretary of the State 5 of Florida but shall not become effective until a final order is issued according to Chapter 380, 6 Florida Statutes, by the Florida State Land Planning Agency and/or Administration Commission 7 approving the ordinance, and if the final order is challenged, until the challenge to the order is 8 resolved pursuant to Chapter 120, Florida Statutes. 9 10 Section 10. Inclusion in the Monroe County Code. The provisions of this Ordinance 11 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, 12 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the 13 uniform marking system of the Code. 14 15 Section 11.Effective Date. This Ordinance shall become effective as provided by law and 16 stated above. 17 18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 19 Florida, at a regular meeting held on the 1 lth day of December, 2024. 20 21 Mayor James K. Scholl, District 3 22 Mayor Pro Tem Michelle Lincoln, District 2 23 Commissioner Craig Cates, District 1 24 Commissioner David Rice, District 4 25 Commissioner Holly Merrill Raschein, District 5 26 27 28 BOARD OF COUNTY COMMISSIONERS 29 OF MONROE COUNTY, FLORIDA 30 31 By: 32 Mayor James K. Scholl 33 MONROE Q t EY 34 TO FORM 35 (SEAL)36 „ PETER„ I 37 ATTEST: KEVIN MADOK, CLERK ASSISTANT COUNTY ATTORNEY 38 Date: _ 39 40 41 AS DEPUTY CLERK 4 of 4 5165 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 10 From: Emily Schemper, A.LC.P.,i C.F.M., Senior Director, Monroe County Planning and 11 Environmental Resources Department 12 13 Date: November 25, 2024 14 15 Subject: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 16 COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT 17 CODE SECTION 114-163 ("WATERFRONT LIGHTING") TO ALIGN WITH 18 CHAPTER 6213-55, FLORIDA ADMINISTRATIVE CODE, AND ARTICLE V, 19 CHAPTER 12 ("SEA TURTLE PROTECTION"), MONROE COUNTY CODE 20 OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 21 APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING 22 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 23 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY 25 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.3 26 27 28 Meeting: December 11, 2024 29 30 I. REQUEST 31 32 The Monroe County Planning & Environmental Resources Department is proposing an amendment to 33 the Land Development Code to amend Section 114-163 - Waterfront Lighting to align with the 34 guidelines outlined in Chapter 62B-55 — Model Lighting Ordinance for Marine Turtle Protection and 35 the Florida Administrative Code. These changes include integrating the latest advancements in lighting 36 technology and implementing best management practices (BMPs) to significantly reduce incidents of 37 sea turtle disorientations. 38 39 IL BACKGROUND INFORMATION 40 On March 11, 1998, the Board of County Commissioners unanimously approved ordinance 010-1998, 41 amending ordinance 008-1994, the Sea Turtle Protection Ordinance, to include revisions that were 42 intended to clarify and standardize the regulations. 43 i American Institute of Certified Planners(A.I.C.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 3 Monroe County Planning and Environmental Resources Department File No. 2024-066. BOCC Professional Staff Report Page 1 of 8 Department File No. 2024-066 5166 I On February 20, 2013,the Board of County Commissioners unanimously approved ordinance 008-2013 2 amending Monroe County Code, Section 12-116; providing for the mayor to impose a "Lights Out" 3 restriction for areas of unincorporated Monroe County. 4 5 In December of 2020, the Florida Department of Environmental Protection (FDEP) adopted an updated 6 Model Lighting Ordinance for Sea Turtle Protection (Rule 62B-55.004, F.A.C), reflecting significant 7 advances in lighting technology and the understanding of sea turtle disorientations. The intent of the 8 rule is to guide local governments in developing ordinances which will protect hatchling marine turtles 9 from the adverse effects of artificial lighting,provide overall improvement in nesting habitat degraded 10 by light pollution, and increase successful nesting activity and production of hatchlings. Florida Fish 11 and Wildlife Staff provided technical support for the updated lighting guidelines. 12 13 The proposed amendments aim to align the Monroe County Land Development Code with the Model 14 Lighting Ordinance for Sea Turtles. These changes include integrating the latest advancements in 15 lighting technology and implementing best management practices to significantly reduce incidents of 16 sea turtle disorientations. 17 18 III. PREVIOUS RELEVANT BOCC ACTION 19 On April 20, 1994, the Monroe County Board of County Commissioners unanimously approved 20 BOCC Ordinance No. 008-1994 adopting and enacting new provisions for the protection of sea turtles, 21 providing definitions,prohibiting certain activities disruptive to sea turtles,providing special lighting 22 restrictions during nesting season,providing standards for mechanical beach cleaning,providing for 23 prevention of animal predation of sea turtles, and providing penalties. 24 25 On March 11, 1998 the Board of County Commissioners unanimously approved BOCC Ordinance No. 26 010-1998, amending Ordinance No. 008-1994, the Sea Turtle Protection Ordinance, to include 27 revisions that were intended to clarify and standardize the regulations,providing definitions, 28 prohibiting certain activities disruptive to sea turtles,providing special lighting restrictions during 29 nesting season,providing standards for mechanical beach cleaning,providing for prevention of animal 30 predation of sea turtles, and providing penalties. 31 32 On February 20, 2013, the Board of County Commissioners unanimously approved BOCC Ordinance 33 No. 008-2013 amending Monroe County Code of Ordinances Section 12-116,providing for the mayor 34 to impose a"Lights Out" restriction for areas of unincorporated Monroe County. 35 36 On May 25, 2024, the Monroe County Board of County Commissioners unanimously approved a 37 request to advertise and schedule a public hearing to consider amendment(s)to Chapter 12, Article V., 38 of the Monroe County Code of Ordinances. 39 40 On July 17, 2024, the Board of County Commissioners Approved BOCC Ordinance 024-2024, 41 amending Chapter 12, Article V (Sea Turtle Protections) of the Monroe County Code of Ordinances, 42 aligning this chapter with the guidelines outlined in Chapter 62B-55 —Model Lighting Ordinance for 43 Marine Turtle Protection - of the Florida Administrative Code. These changes include integrating the 44 latest advancements in lighting technology and implementing best management practices (BMPs)to 45 significantly reduce incidents of sea turtle disorientations. 46 47 BOCC Professional Staff Report Page 2 of 8 Department File No.2024-066 5167 I Community Meeting and Public Participation 2 In accordance with LDC Section 102-159(b)(3),a Community Meeting was held on July 2,2024, at 5:05 3 PM, to provide for public input. 4 5 Development Review Committee and Public Input 6 On July 22, 2024, the Development Review Committee (DRC) held a virtual meeting to review the 7 proposed amendments and receive public input. 8 9 Planning Commission and Public Input 10 The Planning Commission considered the proposed amendment at a regular meeting on November 11, 11 2024,provided for public input and recommended approval. 12 13 IV. PROPOSED LAND DEVELOPMENT CODE AMENDMENT 14 15 Proposed Amendments are shown with deletions st+i kef t4-e and additions are underlined. 16 17 Sec. 114-163. Waterfront Lighting. 18 (a) Outdoor lighting within twenty-five (25) feet of any body of water shall be cutoff lights 19 and shall not exceed a height of eighteen (18)feet above grade. /piny ��4Y1u�u�n,� f. 4trrc�, durccdy, 20 .:� �)u .. G allm':.( O u[u d( l.o coali :Vy Sccic oiu �.2 0. oinroc, cuaimy � b�,��c, 22 oll"�:ia�)uuns�un�c.° 23 gu 24 (b) Dock lightingn.� a G a'��.$) shall comply with y), � u �u�r.�.G ll����� ��u��V��...�nG ��u��.�� 25 ( �( �.� :: (. �(.'�.L ley .. .�� � h u hJ ln 26 f..w: ll...I..t.ali.�.:.�..�..�w°....:n..�w°.`.u......p..�'" a Gw°s :� ��l s V( s:�uV�� � ( �u l � � u u ? �p. a wc' Cmiim .......C:.:..o.�.�.(w°....y".f 27i�u)uuauunGw°�'�. 28 29 (1) Light fixtures shall contain recessed light sources or shields; 30 (2) N ;1h 1 � q , 31 �� � 5 � ��..:.. Lug u) ���uai���^„Gw° shsuV 32 ��y�li� w'ba�.:� G �G �b,��1V �u.. 11l� w'bu�:1ll w'ba9�'4w�G �liy��:��1 , 50��. 500 ° �au�Gw°4Gw�.� � �unaun 34 (3) Dock lighting shall consist of low-profile, low-level luminaries no higher than 48 inches 35 off the decking such as low-mounted wall fixtures, low bollards, and dock-level fixtures, 36 so that the light source or any reflective surface of the light fixture is not visible from the 37 water; and 38 (4) The use of red or green lights or lights that emit red or green light due to a lens or other 39 method is prohibited. 40 41 42 43 44 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE 45 BOCC Professional Staff Report Page 3 of 8 Department File No.2024-066 5168 I The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 2 158(d)(7)(b): 3 1. Changed projections (e.g., regarding public service needs) from those on which the text or 4 boundary was based; 5 N/A 6 7 2. Changed assumptions (e.g., regarding demographic trends); 8 N/A 9 10 3. Data errors, including errors in mapping, vegetative types and natural features described in 11 volume 1 of the plan; 12 N/A 13 14 4. New issues; 15 The County is proposing amendments to Chapter 12, Article V— Sea turtle Protection Ordinance 16 of the Monroe County Code of Ordinances to align with Chapter 6213-55 F.A.C, integrating the 17 latest advancements in lighting technology and implementing best management practices 18 (BMPs) to significantly reduce incidents of sea turtle disorientations. The proposed text 19 amendments to Sections 114-163 are necessary to be consistent with the proposed amendments 20 to the Monroe County Code of Ordinances. Note, Sections 163.3194 and 163.3201, F.S.,require 21 land development regulations to be consistent with and implement the Comprehensive Plan. 22 23 5. Recognition of a need for additional detail or comprehensiveness; or 24 25 The proposed amendments address conflicts with the proposed language in Sections 12- 26 119(1)(a) and 12-116(2)(c) of the Monroe County code of Ordinances. 27 28 6. Data updates; 29 N/A 30 31 In no event shall an amendment be approved which will result in an adverse community change 32 to the planning area in which the proposed development is located or to any area in accordance 33 with a Livable CommuniKeys master plan pursuant to findings of the Board of County 34 Commissioners. 35 36 The proposed text amendment is not anticipated to result in an adverse community change. 37 38 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 39 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 40 41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 42 County 2030 Comprehensive Plan. Specifically,it furthers: 43 The proposed amendment is consistent with the 2030 Comprehensive Plan including but not 44 limited to Objective 206.6, Policy 206.6.3, which states: Monroe County shall maintain 45 the turtle protection ordinance and shall periodically amend the ordinance to reflect current Florida 46 Fish & Wildlife Conservation Commission sea turtle lighting guidelines. (6213-55 FAC; 161.163 47 F.S.) Regulations of this ordinance apply to existing and new development and generally 48 accomplish the following: BOCC Professional Staff Report Page 4 of 8 Department File No.2024-066 5169 1 2 1. Prohibit activities disruptive to marine turtles; 3 2. Maintain standards for preventing interior lighting from illuminating nesting areas during 4 the nesting season; 5 3. Maintain standards for mechanical beach cleaning; and 6 4. Protect marine turtles from predation. 7 8 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys 9 Area, Section 380.0552(7), Florida Statutes. 10 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 11 principles for guiding development and any amendments to the principles, the principles shall be construed 12 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 13 14 (a) Strengthening local government capabilities for managing land use and development so that local 15 government is able to achieve these objectives without continuing the area of critical state concern 16 designation. 17 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 18 wetlands, fish and wildlife, and their habitat. 19 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 20 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 21 their habitat. 22 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 23 development. 24 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 25 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 26 ensuring that development is compatible with the unique historic character of the Florida Keys. 27 (g) Protecting the historical heritage of the Florida Keys. 28 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 29 public investments,including: 30 31 1. The Florida Keys Aqueduct and water supply facilities; 32 2. Sewage collection, treatment, and disposal facilities; 33 3. Solid waste treatment, collection, and disposal facilities; 34 4. Key West Naval Air Station and other military facilities; 35 5. Transportation facilities; 36 6. Federal parks,wildlife refuges, and marine sanctuaries; 37 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 38 8. City electric service and the Florida Keys Electric Co-op; and 39 9. Other utilities, as appropriate. 40 41 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and 42 replacement of stormwater management facilities; central sewage collection; treatment and disposal 43 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and 44 disposal systems. 45 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 46 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as 47 applicable, and by directing growth to areas served by central wastewater treatment facilities through 48 permit allocation systems. 49 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 50 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. BOCC Professional Staff Report Page 5 of 8 Department File No.2024-066 5170 I (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 2 manmade disaster and for a post disaster reconstruction plan. 3 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 4 Florida Keys as a unique Florida resource. 5 6 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 7 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 8 9 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). 10 Specifically, the amendment furthers: 11 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and enhance 12 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the 13 public interest; overcome present handicaps; and deal effectively with future problems that may result 14 from the use and development of land within their jurisdictions. Through the process of comprehensive 15 planning, it is intended that units of local government can preserve, promote, protect, and improve the 16 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention, 17 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 18 schools, parks, recreational facilities, housing, and other requirements and services; and conserve, 19 develop,utilize, and protect natural resources within their jurisdictions. 20 21 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set 22 out in this act and that no public or private development shall be permitted except in conformity with 23 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. 24 25 163.3164(14), F.S.— "Development"has the same meaning as in s. 380.04. 26 27 163.3177(l),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies 28 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of 29 the area that reflects community commitments to implement the plan and its elements. These principles 30 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities 31 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the 32 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local 33 government's programs, activities, and land development regulations will be initiated, modified, or 34 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to 35 require the inclusion of implementing regulations in the comprehensive plan but rather to require 36 identification of those programs, activities, and land development regulations that will be part of the 37 strategy for implementing the comprehensive plan and the principles that describe how the programs, 38 activities, and land development regulations will be carried out. The plan shall establish meaningful and 39 predictable standards for the use and development of land and provide meaningful guidelines for the 40 content of more detailed land development and use regulations. 41 42 163.3177(6)(d), F.S. —A conservation element for the conservation, use, and protection of natural resources 43 in the area, include ng air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, 44 beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, 45 minerals,and other natural and environmental resources,including factors that affect energy conservation. 46 47 163.3178(2)(a), F.S. — A land use and inventory map of existing coastal uses, wildlife habitat, wetland and 48 other vegetative communities, undeveloped areas, areas subject to coastal flooding,public access routes 49 to beach and shore resources, historic preservation areas, and other areas of special concern to local 50 government. 51 BOCC Professional Staff Report Page 6 of 8 Department File No.2024-066 5171 I 163.3178(2)(f), F.S.—A redevelopment component that outlines the principles that must be used to eliminate 2 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must: 3 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce 4 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater 5 runoff, and the related impacts of sea-level rise. 6 2. Encourage the use of best practices development and redevelopment principles, strategies, and 7 engineering solutions that will result in the removal of coastal real property from flood zone designations 8 established by the Federal Emergency Management Agency. 9 3. Identify site development techniques and best practices that may reduce losses due to flooding and 10 claims made under flood insurance policies issued in this state. 11 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida 12 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60. 13 5. Require that any construction activities seaward of the coastal construction control lines established 14 pursuant to s. 161.053 be consistent with chapter 161. 15 6. Encourage local governments to participate in the National Flood Insurance Program Community 16 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance 17 premium discounts for their residents. 18 19 163.3194(l)(a), F.S. — After a comprehensive plan, or element or portion thereof, has been adopted in 20 conformity with this act, all development undertaken by, and all actions taken in regard to development 21 orders by, governmental agencies in regard to land covered by such plan or element shall be consistent 22 with such plan or element as adopted. 23 24 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.- 25 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in 26 part, by the adoption and enforcement of appropriate local regulations on the development of lands and 27 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of 28 regulations for the development of land or the adoption and enforcement by a governing body of a land 29 development code for an area shall be based on, be related to, and be a means of implementation for an 30 adopted comprehensive plan as required by this act. 31 32 163.3202(2), F.S. — Local land development regulations shall contain specific and detailed provisions 33 necessary or desirable to implement the adopted comprehensive plan and shall at a minimum: 34 (a) Regulate the subdivision of land. 35 (b) Regulate the use of land and water for those land use categories included in the land use element and 36 ensure the compatibility of adjacent uses and provide for open space. 37 (c)Provide for protection of potable water wellfields. 38 (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater 39 management. 40 (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan. 41 42 VII. PROCESS 43 44 Land Development Code Amendments may be proposed by the Board of County Commissioners, the 45 Planning Commission,the Director of Planning,private application, or the owner or other person having 46 a contractual interest in property to be affected by a proposed amendment. The Director of Planning 47 shall review and process applications as they are received and pass them onto the Development Review 48 Committee and the Planning Commission. 49 50 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 51 the application, the reports and recommendations of the Department of Planning & Environmental BOCC Professional Staff Report Page 7 of 8 Department File No.2024-066 5172 I Resources and the Development Review Committee and the testimony given at the public hearing. The 2 Planning Commission shall submit its recommendations and findings to the Board of County 3 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed 4 amendment, and considers the staff report, staff recommendation, Planning Commission 5 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed 6 amendment based on one or more of the factors established in LDC Section 102-158(d)(7). 7 8 VIII. PROFESSIONAL STAFF RECOMMENDATION 9 10 Approval. BOCC Professional Staff Report Page 8 of 8 Department File No.2024-066 5173 p o w ' Itil U0 ---------- ------ --------------------- U • � 'III ............. m U .......... oa L S � Y �Ln Ul L 00 c v,g +� � v a � amyajrq � v rl c � E 000 � �V III� I�I o « > 0 ti �n V L m lllil�l who � � vin � r aim _ o ro v o am 3 � � v cG c o�y « O ` O o � � � E oU .In � av N c Ia " - V1 ° � o = Jo+-a � � E tea, Q 0e 't ro � — ° y ° ro o+� � � 03 � � s � = Ev C --� 7 I mmmmu ". re..w....w V, I O I C:w p �r•:III O r ct '.IIIIIIIIII°i .N „.L�u Imo+ 00 CI Qj � mmmmm I I ii ci ,w rj 4 . 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