HomeMy WebLinkAboutItem U07 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Rascbein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: U7
26-32340
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING:
A Public Hearing to Consider Adoption of an Ordinance Amending Monroe County Comprehensive
Plan Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, 101.5.34, and the Comprehensive Plan Glossary,
to Increase the Maximum Height of Residential Structures from 35 feet to 42 feet, to Amend the
Definitions of Grade and Height, to Revise the Structures that are Listed as Exceptions to the
Maximum Height Restriction, to Remove the Flood Related Exceptions to Height, and to Allow for
Additional Height Related to Airports as Approved by the Federal Aviation Administration (FAA), as
Requested by the Board of County Commissioners (BOCC) at the June 18, 2025, BOCC Meeting.
ITEM BACKGROUND:
At the Monroe County Board of County Commissioners' (BOCC) June 18, 2025, regular public
meeting, the BOCC directed Planning and Environmental Resources Department professional staff to
process amendment(s) to the Monroe County Comprehensive Plan and Land Development Code to
increase the maximum height of residential structures from 35 feet to 42 feet, to amend the definitions
of grade and height, to revise the structures that are listed as exceptions to the maximum height
restriction, to remove the flood related exceptions to height, and to allow for additional height related
to airports as approved by the FAA and in accordance with the adopted airport master plan.
Concurrent Applications
There is a corresponding proposed text amendment to Sections 101-1 and 131-2 of the Monroe County
Land Development Code(LDC),to amend the definitions of grade and height;to increase the maximum
height of residential structures from 35 feet to 42 feet;to revise the structures that are listed as exceptions
to the maximum height restriction, and allow for additional height related to airports as approved by the
FAA and in accordance with the adopted airport master plan (Department File No. 2025-081).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
meeting was held on July 22, 2025, to discuss the proposed amendment to the Monroe County 2030
Comprehensive Plan.
Development Review Committee Meeting and Public Input
On August 26, 2025, the DRC considered the proposed amendment and provided for public input. On
August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-25,recommending approval of
the proposed text amendment.
Monroe County Planning Commission Meeting and Public Input
On October 22, 2025, the Monroe County Planning Commission considered the proposed amendment,
provided for public input and recommended approval recommends approval to the Board of County
Commissioners of the proposed amendment to the Monroe County Comprehensive Plan Policies
101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34 and the Glossary, with the exception of the proposed
amendment to the definition of Grade.
Board of County Commissioners (BOCC) Transmittal to State Land Planning Agency
On April 15, 2026, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the professional staff report, and provided for
public comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning process. The BOCC adopted BOCC
Resolution No. 102-2026 transmitting the proposed amendment to the State Land Planning Agency
(Florida Commerce) for review and comment.
FloridaCommerce Objections, Recommendations and Comments (ORC)
Following their review of the proposed amendment, the Florida Department of Commerce
(FloridaCommerce) issued an Objections, Recommendations and Comments (ORC) report on June 18,
2026 (attached). FloridaCommerce provided two comments on the proposed amendment. Comments
by Florida Commerce are offered to assist the local government and will not form the basis for a
compliance determination.
Comment 1: Meaningful and Predictable Standards
The proposed amendments to the definition of Grade in the Glossary could create ambiguity, as the
definition provides for two options: the crown or the curb of the nearest road directly adjacent to the
structure, without establishing a rule for determining which applies. To provide meaningful and
predictable standards and to prevent confusion about which standard applies, FloridaCommerce
recommends adding a statement specifying which reference, crown of road or curb, will be used and
under what circumstances.
Section 163.3177(1), F.S. requires that the plan "establish meaningful and predictable standards for
the use and development of land and provide meaningful guidelines for the content of more detailed
land development and use regulations."Prior to adoption, the amendment should be revised to specify
ivhich measurement of Grade should be used to maintain consistency in the interpretation of the Monroe
County Comprehensive Plan.
Professional Staff Response to Comment 1: Professional staff concurs with FloridaCommerce staff
that the proposed definition of Grade could create ambiguity by referencing both the crown and the curb
of the nearest road without identifying which measurement governs. To address this concern and
establish a meaningful and predictable standard, County professional staff recommends that the
ordinance be revised to specify that grade shall be measured from the higher of the crown or the curb
of the nearest road directly adjacent to the structure.
Comment 2: Internal Inconsistency
FloridaCommerce has noted that amendments made to the definition ofHeight in the Glossary appendix
and in Policy 101.5.30 are not consistent. Policy 101.5.30 excludes mechanical equipment as a
determining factor in the highest part of any structure, while the definition of Height in the Glossary
includes mechanical equipment as a determining factor in the highest part of any structure.
Additionally, the Glossary definition of Height is internally inconsistent by including mechanical
equipment, but also excluding mechanical equipment from being a determining factor in the highest
part of any structure.
Section 163.3177(l), F.S. requires that the plan principles and strategies established in a
comprehensive plan "guide future decisions in a consistent manner" and that these principles and
strategies contained within the comprehensive plan continue to be implemented in a consistent manner.
Prior to adoption, the amendment should be revised so that the tivo definitions are consistent and/or
equivalent to one another to maintain internal consistency in the Monroe County Comprehensive Plan.
Professional Staff Response to Comment 2: Professional staff recommends that in order to address s
FloridaCommerce staffs comment,the Ordinance be revised so as to remove the inconsistency between
the definition of Height in the Glossary and Policy 101.5.30 regarding the treatment of mechanical
equipment in determining the highest part of a structure. The revised language provides a single,
consistent standard for measuring height throughout the Comprehensive Plan, eliminates the internal
inconsistency identified by FloridaCommerce, and ensures the provisions are applied and interpreted
consistently.
There were no additional comments or objections in the report. The County has 180 days from the date
of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not
adopt the amendment.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES: N/A
PROFESSIONAL STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed amendment(s).
DOCUMENTATION:
Staff Report
Draft Ordinance
Florida Commerce Objections, Recommendations, and Comments Report June 18, 2026
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.I.C.P.,t C.F.M., Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Barbara Powell, Planning Policy Advisor
13 Monroe County Planning and Environmental Resources Department
14
15 Date: June 22, 2026
16
17 Subject: A Public Hearing to Consider Adoption of an Ordinance Amending Monroe County
18 Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, and the
19 Comprehensive Plan Glossary, to Increase the Maximum Height of Residential Structures
20 from 35 feet to 42 feet, to Amend the Definitions of Grade and Height, to Revise the
21 Structures that are Listed as Exceptions to the Maximum Height Restriction, to Remove
22 the Flood Related Exceptions to Height, and to Allow for Additional Height Related to
23 Airports as Approved by the FAA, as Requested by the Board of County Commissioners
24 at the June 18, 2025, BOCC Meeting.
25
26 Meeting: July 15, 2026
27
28 I. REQUEST:
29
30 At the Monroe County Board of County Commissioners' (`BOCC", "Board", "Monroe County", or the
31 "County") June 18, 2025, regular public meeting, the BOCC directed Monroe County Planning and
32 Environmental Resources Department professional staff to process amendment(s) to the Monroe County
33 Comprehensive Plan and Land Development Code to increase the maximum height of residential
34 structures from 35 feet to 42 feet,to amend the definitions of grade and height,to revise the structures that
35 are listed as exceptions to the maxiinum height restriction,to remove the flood related exceptions to height,
36 and to allow for additional height related to airports as approved by the FAA and in accordance with the
37 adopted airport master plan.
38
39 Concurrent Applications:
40 There is a corresponding proposed text amendment to Sections 101-1 and 131-2 of the Monroe County
41 Land Development Code("LDC"),to amend the definitions of grade and height; to increase the maximum
42 height of residential structures from 35 feet to 42 feet; to revise the structures that are listed as exceptions
i American Institute of Certified Planners (A.T.C.P.)—Certification.
'-Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
BOCC SR 07.15.2026 Page 1 of 13
File 2025-080
I to the maximum height restriction, and allow for additional height related to airports as approved by the
2 FAA and in accordance with the adopted airport master plan.3 (File No. 2025-081).
3
4 II. BACKGROUND INFORMATION:
5
6 At the BOCC's April 16, 2025, regular public meeting, the Board had a discussion item on the BOCC
7 agenda regarding the height limits in Monroe County. Growth Management Director Emily Schemper
8 provided an overview of the current County height regulations with a comparison to the municipalities in
9 the Florida Keys. The presentation included information such as the roof-top equipment that is/is not
10 currently exempted from the height limitation, how height is measured, such as, crown/curb of the road
11 or pre-construction natural grade, and the height exception for the Wrecker's Cay development (located
12 on Stock Island) that was adopted into the Comprehensive Plan(Policy No.111.1.1). After discussion, the
13 BOCC directed professional staff to bring back language for potential amendment(s) to the LDC and
14 Comprehensive Plan that would result in an increase of the maximum height of residential structures from
15 35 feet to 42 feet, eliminate the correlation of the residential height exception to the new FEMA maps,
16 amend the definition of grade, revise exceptions to height, and address the need for additional height at
17 Key West and Marathon airports.
18
19 At the BOCC's June 18, 2025, regular public meeting, the Board had a discussion item on the agenda as
20 a follow-up to the Board direction given at the BOCC's April 16, 2025, regular public meeting. Monroe
21 County Planning and Environmental Resources Department Senior Director Devin Tolpin provided an
22 overview of the current regulations and two possible options for amending the Comprehensive Plan and
23 Land Development Code for increasing the maximum height limitations. In addition to the presentation,
24 a strike-through/underline version of the proposed language for each option was included in the BOCC
25 agenda item's package. After hearing the presentation and having some discussion, the BOCC directed
26 professional staff to process the Comprehensive Plan and Land Development Code amendments that
27 would implement the concepts in Option 2, as discussed.
28
29 Community Meeting and Public Participation
30 In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
31 meeting was held on July 22, 2025, to discuss the proposed amendment to the Monroe County 2030
32 Comprehensive Plan.
33
34 Development Review Committee Meeting and Public Input
35 On August 26, 2025,the Development Review Committee("DRC") considered the proposed amendment
36 and provided for public input. On August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-
37 25, recommending approval of the proposed text amendment.
38
39 Monroe County Planning Commission Meeting and Public Input
40 On October 22, 2025, the Monroe County Planning Commission considered the proposed amendment,
41 provided for public input and recommended approval to the Board of County Commissioners of the
42 proposed amendment to the Monroe County Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32,
43 101.5.33, 103.5.34 and the Glossary, with the exception of the proposed amendment to the definition of
44 Grade.
45
s Monroe County Planning and Environmental Resources Department File No. 2025-081.
BOCC SR 07.15.2026 Page 2 of 13
File 2025-080
I Board of County Commissioners Transmittal to State Land Planning Agency
2 At the BOCC's April 15, 2026, regular public meeting, the Board held a public hearing to consider the
3 transmittal of the proposed text amendment, considered the professional staff report, and provided for
4 public comment and public participation in accordance with the requirements of state law and the
5 procedures adoption for public participation in the planning process. The BOCC adopted Resolution No.
6 102-2026 transmitting the proposed amendment to the State Land Planning Agency ("Florida
7 Commerce") for review and comment.
8
9 Florida Department of Commerce ("FloridaCommerce") Issued an Objections, Recommendations
10 and Comments ("ORC") Report
11 Following their review of the proposed amendment, FloridaCommerce issued an ORC report on June 18,
12 2026, which is attached hereto. FloridaCommerce provided two comments on the proposed amendment.
13 Comments from FloridaCommerce are offered to assist the local government and will not form the basis
14 for a compliance determination.
15
16 Comment 1: Meaningful and Predictable Standards
17 The proposed amendments to the definition of Grade in the Glossary could
18 create ambiguity, as the definition provides for two options: the crown or
19 the curb of the nearest road directly adjacent to the structure, without
20 establishing a rule for determining which applies. To provide meaningful
21 and predictable standards and to prevent confusion about which standard
22 applies, FloridaCommerce recommends adding a statement specifying
23 which reference, crown of road or curb, will be used and under what
24 circumstances.
25
26 Section 163.3177(l), F.S. requires that the plan "establish meaningful and
27 predictable standards for the use and development of land and provide
28 meaningful guidelines for the content of more detailed land development
29 and use regulations." Prior to adoption,the amendment should be revised to
30 specify which measurement of Grade should be used to maintain
31 consistency in the interpretation of the Monroe County Comprehensive
32 Plan.
33
34 Comment 2: Internal Inconsistency
35 FloridaCommerce has noted that amendments made to the definition of
36 Height in the Glossary appendix and in Policy 101.5.30 are not consistent.
37 Policy 101.5.30 excludes mechanical equipment as a determining factor in
38 the highest part of any structure, while the definition of Height in the
39 Glossary includes mechanical equipment as a determining factor in the
40 highest part of any structure.Additionally,the Glossary definition of Height
41 is internally inconsistent by including mechanical equipment, but also
42 excluding mechanical equipment from being a determining factor in the
43 highest part of any structure.
44
45 Section 163.3177(1), F.S. requires that the plan principles and strategies
46 established in a comprehensive plan "guide future decisions in a consistent
BOCC SR 07.15.2026 Page 3 of 13
File 2025-080
I manner" and that these principles and strategies contained within the
2 comprehensive plan continue to be implemented in a consistent manner.
3 Prior to adoption, the amendment should be revised so that the two
4 definitions are consistent and/or equivalent to one another to maintain
5 internal consistency in the Monroe County Comprehensive Plan.
6
7 Professional Staff Response to Comment 1: Professional staff concurs with FloridaCommerce staff that
8 the proposed definition of Grade could create ambiguity by referencing both the crown and the curb of
9 the nearest road without identifying which measurement governs. To address this concern and establish
10 a meaningful and predictable standard, County professional recommends that the ordinance has be
11 revised so as to specify that grade shall be measured from the higher of the crown or the curb of the
12 nearest road directly adjacent to the structure.
13
14 Professional Staff Response Comment 2: Professional staff recommends that the proposed amendment
15 be revised to address FloridaCommerce staff s comment by removing the inconsistency between the
16 definition of Height in the Glossary and Policy 101.5.30 regarding the treatment of mechanical
17 equipment in determining the highest part of a structure. The revised language provides a single,
18 consistent standard for measuring height throughout the Comprehensive Plan, eliminates the internal
19 inconsistency identified by FloridaCommerce, and ensures the provisions are applied and interpreted
20 consistently.
21
22 There were no additional comments or objections in the ORC report. The County has 180 days from the
23 date of receipt of the ORC to adopt the proposed amendment, adopt the amendment with changes or not
24 adopt the amendment.
25
26 Upon further consideration,professional also recommends the following change to the definition of height
27 in order to provide for internal consistency:
28
29 ...However, in no event shall any of the exclusions enumerated in this definition be construed to permit
30 any habitable opA e space to exceed the maximum height limitation....
31
32 For reference purposes, Habitable Space means any structure equipped for human habitation such as,but
33 not limited to, office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or
34 recreational room;professional studio or commercial occupancy including all interior hallways, corridors,
35 stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not
36 considered habitable structures.
37
38 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
39 Proposed text is shown as follows: additions are set forth below in red underline and deletions are set forth
40 in , ril .
41
42 Comprehensive Plan Glossary:
43
44 Grade means the ,
45 p , - crown or curb of the nearest road directly adjacent to the structure,
46 whichever is higher.
BOCC SR 07.15.2026 Page 4 of 13
File 2025-080
1
2 Height means the vertical distance between grade and the highest part of any structure, iffehtdiftg
3 , but excluding the following: spires and/or steeples on structures used for
4 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; mechanical
5 equipment; elevator shafts and equipment; solar apparatus; utility poles and/or transmission towers; and
6 certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land
7 Development Code, and non-opaque railings o guards a to 42 inches high. However, in no event shall
8 any of the exclusions enumerated in this definition be construed to permit any habitable of-usab4e space
9 to exceed the maximum height limitation. In the case of airport districts, the height limitations therein
10 shall be absolute and the exclusions enumerated in this definition shall not apply unless approved by the
11 Federal Aviation Administration (FAA .
12
13 *****
14 Policy 101.5.30
15 In order to preserve the existing community character and natural environment, Monroe County shall
16 limit the height of nonresidential and transient structures including landfills to 35 feet. Structures
17 developed exclusively with residential uses shall have a maximum height of 42 feet. For structures
18 developed exclusively with a residential use roof toy structures excluded from the maximum height
19 restriction shall be setback from the buildin roof to ed e one foot for eve one foot vertical rise
20 above the 42 foot heiZht limitation of the residential structure,
21
22 Height is defined as the vertical distance between grade and the highest part of any structure,
23 `tat31 < but excluding the following: spires and/or steeples on structures used for
24 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; mechanical
25 equi)rnent• elevator shafts and equipment; solar apparatus; utility poles and/or transmission towers; and
26 certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land
27 Development Code g and non-opaque railings or wards uP to 42 inches high. However,in no event shall
28 any of the exclusions enumerated in this definition be construed to permit any habitable of4is space
29 to exceed the maximum height limitation. In the case of airport districts, the height limitations therein
30 shall be absolute and the exclusions enumerated in this definition shall not apply unless approved by the
31 Federal Aviation Administration (AAA.
32
33
34 Policy 101.5.31
35 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
36 community,and has a distinct community character,nonresidential and transient buildings may include
37 non-habitable architectural decorative features (such as finials, railings, widow's walk, parapets) that
38 exceed the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
39 building's roof-line. This exception shall not result in a building together with any architectural
40 decorative feature with a height that would exceed 40 feet.
41
42 In addition,within the Ocean Reef gated master planned community,upon evidence submitted that the
43 proposed building height has been approved by the master association, Ocean Reef Community
44 Association Inc., pursuant to its Building Regulations and Restrictions, buildings containing
45 multifamily residential,transient, and/or nonresidential uses may be developed or redeveloped to a total
46 maximum building height of 60 feet, provided the buildings are limited to four (4) habitable floors.
47 Such development on property owned by Ocean Reef Club, Inc. shall not be required to provide
BOCC SR 07.15.2026 Page 5 of 13
File 2025-080
I evidence it has been approved by the master association,based on its exemption from master association
2 review under the Ocean Reef gated master planned community's governing documents. As used in this
3 policy, a master planned community means a planned community of 100 or more acres in area subject
4 to a master plan or other development order approved by the county where public access is restricted
5 and the community is operated and maintained by the community including the provision of
6 comprehensive, private utilities and transportation facilities and services within its boundaries and a
7 homeowners association or similar entity which regulates development standards and monitors
8 development requests by its members.
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BOCC SR 07.15.2026 Page 6 of 13
File 2025-080
I Policy 101.5.3
2 Monroe County shall maintain Land Development Regulations which provide a Flood Protection
3 Height Exception for lawfully established existing buildings which exceed the 35-foot height limit, to
4 promote public health, safety and general welfare; allow adaptation to coastal flooding,storm surge and
5 other hazards; protect property from flooding and minimize damages; minimize public and private
6 losses due to flooding; minimize future expenditures of public funds for flood control projects and for
7 recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established
8 existing building may be repaired,improved,redeveloped and/or elevated to meet required FEMA base
9 flood elevation(BFE)provided the building does not exceed a total maximum building height of 4042
10 feet, and the building is limited to the existing lawfully established intensity, floor area, building
11 envelope(floor to floor height), density and type of use.For lawfully established existing buildings that
12 are proposed to exceed a total height of 4.042 feet, a public hearing before the Planning Commission
13 and the Board of County Commissioners shall be required to review and specify the maximum approved
14 height prior to issuance of any county permit or development approval. The Planning Commission shall
15 provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt
16 a resolution specifying the maximum approved height.
17
18 Policy 101.5.334
19 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and Chapters
20 118 and 130 of the Land Development Code, and the minimum required setbacks in Policy 212.2.4,
21 and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-existing residential
22 dwelling unit, not including mobile homes, may be elevated above base flood level (design flood
23 elevation) to reduce flood damage,pursuant to:
24 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully-existing)
25 footprint of the structure.
26 • Setbacks and land use open space requirements are waived to allow necessary improvements to a
27 dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary
28 improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
29 waiver provided shall be the minimum necessary to provide access to the structure that is in
30 compliance with fire code requirements.
31 • Side and rear setback and open space requirements are waived to allow accessory elevated
32 platforms above base flood for equipment(mechanical,plumbing and electrical systems,appliances
33 and components) situated at least two (2) feet from the side yard property line or at least five (5)
34 feet from the rear yard property line.
35 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event shall a
36 required shoreline setback be reduced to less than ten (10) feet from mean high water except to
37 accommodate the lawfully existing footprint of the structure to be elevated.
38 • The improvements shall be constructed to avoid off-site discharge of stormwater from the subject
39 parcel, in accordance with Section 114-3 of the Monroe County Land Development Code.
40 • Development shall maintain compliance to the maximum extent practicable, as determined by the
41 Planning Director.
42 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see
43 Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation
44 easement.
BOCC SR 07.15.2026 Page 7 of 13
File 2025-080
I This Policy does not restrict a property owner from proposing other additions or improvements to
2 the elevated dwelling unit, as long as the additions, enlargements, expansions, and extensions do
3 not create a nonconformity or cause a further violation to an existing nonconformity.
4 New construction or reconstruction of single-family dwelling units shall comply with the setback
5 and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in Chapters 118, 130,
6 and 131 of the Monroe County Land Development Code.
7
8
9
10 IV. ANALYSIS OF PROPOSED AMENDMENT:
11
12 The proposed amendment revises the definition of Grade to establish a meaningful and predictable
13 standard for measuring the proposed increase in the maximum height of residential structures from 35 feet
14 to 42 feet. As revised, grade is measured from the crown or curb of the nearest road directly adjacent to
15 the structure, whichever is higher, providing an objective and consistent method for determining grade.
16 The proposed amendment retains the current 35-foot maximum height for nonresidential and transient
17 structures.
18
19 The amendment also revises the definition of Height to ensure consistency between the Glossary and
20 Policy 101.5.30 regarding the treatment of mechanical equipment in determining the highest part of a
21 structure. The revised language eliminates the internal inconsistency identified during state review while
22 continuing to exclude specified rooftop equipment, including mechanical equipment, elevator shafts and
23 equipment, and associated guard railings required by the Florida Building Code. The amendment also
24 provides an exception to the height limitation within airport districts when approved by the Federal
25 Aviation Administration ("FAA").
26
27 Finally, the proposed amendment removes the Flood Protection Height Exception, which previously
28 allowed structures to extend up to five (5) feet above the 35-foot height limitation. Because the proposed
29 amendment increases the maximum residential building height to 42 feet, the separate flood protection
30 height exception is no longer necessary.
31
32 The proposed amendment also repeals Comprehensive Plan Policy 101.5.32, which established the Flood
33 Protection Height Exception for residential structures within the Special Flood Hazard Area. The existing
34 policy allows eligible residential structures to exceed the 35-foot height limitation by up to five (5) feet in
35 order to achieve flood protection elevations required by the Florida Building Code. Because the proposed
36 amendment increases the maximum residential building height from 35 feet to 42 feet, the separate flood
37 protection height exception and its associated provisions are no longer necessary. Repealing Policy
38 101.5.32 simplifies the Comprehensive Plan by eliminating redundant provisions while continuing to
39 allow residential structures to meet applicable flood elevation requirements within the revised maximum
40 height limit.
41
42 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
43 THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES:
44
45 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
46 County Year 2030 Comprehensive Plan. Specifically, it furthers:
BOCC SR 07.15.2026 Page 8 of 13
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1
2 GOAL 101
3 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
4 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(l)]
5
6 Objective 218.3
7 Monroe County shall be consistent with, or more stringent than, the flood-resistant construction
8 requirements in the Florida Building Code and applicable floodplain management regulations set forth in
9 44 C.F.R. part 60 [F.S. § 163.3178(2)(f)4.].
10
11 Objective 218.5
12 Monroe County shall encourage participation in the National Flood Insurance Program Community Rating
13 System administered by the Federal Emergency Management Agency to achieve flood insurance premium
14 discounts for their residents [F.S. § 163.3178(2)(f)6.].
15
16 Policy 218.5.1 (was Policy 216.1.5)
17 Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) Community
18 Rating System (CRS) to the maximum extent possible and shall continue to seek to improve its current
19 CRS Class rating. [F.S. § 163.3178(2)(d)(f)].
20
21 Policy 218.2.5 (was Policy 216.1.6)
22 Monroe County shall continue to enforce federal, state and local construction, setback and elevation
23 requirements to promote the protection and safety of life and property. Existing setback requirements
24 contained in the land development code shall be evaluated as a means of reducing property damage caused
25 by storms. [F.S. § 163.3178(2)(d)]
26
27 Objective 601.3
28 Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve,
29 conserve and enhance the existing housing stock, including historic structures and sites. [F.S. §
30 163.3177(6)(f)l., 3.]
31
32 Policy 601.3.2
33 The County Code Compliance Office and Building Department will enforce building code regulations and
34 County ordinances governing the structural condition of the housing stock,to ensure the provision of safe,
35 decent and sanitary housing and stabilization of residential neighborhoods.
36
37 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
38 Area, Section 380.0552(7), Florida Statutes.
39
40 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
41 principles for guiding development and any amendments to the principles, the principles shall be
42 construed as a whole and no specific provision shall be construed or applied in isolation from the other
43 provisions.
44
BOCC SR 07.15.2026 Page 9 of 13
File 2025-080
I (a) Strengthening local government capabilities for managing land use and development so
2 that local government is able to achieve these objectives without continuing the area of
3 critical state concern designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
5 seagrass beds, wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
7 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
8 beaches, wildlife, and their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
10 economic development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the
12 Florida Keys.
13 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
14 environment, and ensuring that development is compatible with the unique historic
15 character of the Florida Keys.
16 (g) Protecting the historical heritage of the Florida Keys.
17 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
18 proposed major public investments, including:
19 1. The Florida Keys Aqueduct and water supply facilities;
20 2. Sewage collection, treatment, and disposal facilities;
21 3. Solid waste treatment, collection, and disposal facilities;
22 4. Key West Naval Air Station and other military facilities;
23 5. Transportation facilities;
24 6. Federal parks, wildlife refuges, and marine sanctuaries;
25 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
26 properties;
27 8. City electric service and the Florida Keys Electric Co-op; and
28 9. Other utilities, as appropriate.
29 (i) Protecting and improving water quality by providing for the construction, operation,
30 maintenance, and replacement of stormwater management facilities; central sewage
31 collection; treatment and disposal facilities; and the installation and proper operation and
32 maintenance of onsite sewage treatment and disposal systems.
33 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
34 operation of wastewater management facilities that meet the requirements of ss.
35 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
36 central wastewater treatment facilities through permit allocation systems.
37 (k) Limiting the adverse impacts of public investments on the environmental resources of the
38 Florida Keys.
39 (1) Making available adequate affordable housing for all sectors of the population of the
40 Florida Keys.
BOCC SR 07.15.2026 Page 10 of 13
File 2025-080
I (m) Providing adequate alternatives for the protection of public safety and welfare in the
2 event of a natural or 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
4 maintaining the 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 Statutes ("F.S.").
10 Specifically, the amendment furthers:
11
12 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and
13 enhance present advantages; encourage the most appropriate use of land, water, and resources,
14 consistent with the public interest; overcome present handicaps; and deal effectively with future
15 problems that may result from the use and development of land within their jurisdictions. Through the
16 process of comprehensive planning, it is intended that units of local government can preserve,
17 promote,protect,and improve the public health, safety,comfort,good order,appearance,convenience,
18 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
19 provision of transportation, water, sewerage, schools,parks,recreational facilities,housing, and other
20 requirements and services; and conserve, develop, utilize, and protect natural resources within their
21 jurisdictions.
22
23 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal
24 status set out in this act and that no public or private development shall be permitted except in
25 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
26 conformity with this act.
27
28 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and
29 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
30 development of the area that reflects community commitments to implement the plan and its elements.
31 These principles and strategies shall guide future decisions in a consistent manner and shall contain
32 programs and activities to ensure comprehensive plans are implemented. The sections of the
33 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
34 and policies, shall describe how the local government's programs, activities, and land development
35 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
36 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
37 in the comprehensive plan but rather to require identification of those programs, activities, and land
38 development regulations that will be part of the strategy for implementing the comprehensive plan and
39 the principles that describe how the programs, activities, and land development regulations will be
40 carried out. The plan shall establish meaningful and predictable standards for the use and development
41 of land and provide meaningful guidelines for the content of more detailed land development and use
42 regulations.
43
44 163.3181,F.S.: Public participation in the comprehensive planning process; intent; alternative dispute
45 resolution.
BOCC SR 07.15.2026 Page 11 of 13
File 2025-080
1 (1) It is the intent of the Legislature that the public participate in the comprehensive planning
2 process to the fullest extent possible. Towards this end, local planning agencies and local
3 governmental units are directed to adopt procedures designed to provide effective public
4 participation in the comprehensive planning process and to provide real property owners with
5 notice of all official actions which will regulate the use of their property. The provisions and
6 procedures required in this act are set out as the minimum requirements towards this end.
7 (2) During consideration of the proposed plan or amendments thereto by the local planning agency
8 or by the local governing body, the procedures shall provide for broad dissemination of the
9 proposals and alternatives, opportunity for written comments, public hearings as provided
10 herein, provisions for open discussion, communications programs, information services, and
11 consideration of and response to public comments.
12
13 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory
14 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
15 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
16 development of lands and waters within an area. It is the intent of this act that the adoption and
17 enforcement by a governing body of regulations for the development of land or the adoption and
18 enforcement by a governing body of a land development code for an area shall be based on,be related
19 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
20
21 VI. PROCESS:
22
23 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Planning
24 Commission, the Director of Planning, or the owner or other person having a contractual interest in
25 property to be affected by a proposed amendment. The Director of Planning shall review and process
26 applications as they are received and pass them onto the Development Review Committee and the
27 Planning Commission.
28
29 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
30 the application, the reports and recommendations of the Department of Planning & Environmental
31 Resources and the Development Review Committee and the testimony given at the public hearing. The
32 Planning Commission shall submit its recommendations and findings to the Board of County
33 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
34 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
35 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
36 Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal
37 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
38 report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not
39 adopt the amendment.
40
41 VII. PROFESSIONAL STAFF RECOMMENDATION:
42
43 Professional staff recommends approval of the proposed amendmen(s).
44
45 VIII. EXHIBITS:
BOCC SR 07.15.2026 Page 12 of 13
File 2025-080
1
2 1. Draft Ordinance
3 2. June 18, 2026-dated Florida Commerce Objections, Recommendations, and Comments ("ORC")
4 Report
BOCC SR 07.15.2026 Page 13 of 13
File 2025-080
2 1 I , .
3
4 M.
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2026
10
11 AN ORDINANCE APPROVING AMENDMENTS TO MONROE
12 COUNTY COMPREHENSIVE PLAN POLICIES 101.5.30, 101.5.31,
13 101.5.32, 101.5.33, 101.5.34, AND THE COMPREHENSIVE PLAN
14 GLOSSARY, TO INCREASE THE MAXIMUM HEIGHT OF
15 RESIDENTIAL STRUCTURES FROM 35 FEET TO 42 FEET; TO
16 REVISE THE STRUCTURES LISTED AS EXCEPTIONS TO THE
17 MAXIMUM HEIGHT RESTRICTION; AND TO ALLOW FOR
18 ADDITIONAL HEIGHT RELATED TO AIRPORTS AS APPROVED
19 BY THE FEDERAL AVIATION ADMINISTRATION (FAA) AND IN
20 ACCORDANCE WITH THE ADOPTED AIRPORT MASTER
21 PLANS AS REQUESTED BY THE MONROE COUNTY BOARD OF
22 COUNTY COMMISSIONERS AT THE BOCC'S JUNE 18, 2025,
23 REGULAR PUBLIC MEETING; PROVIDING FOR
24 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
26 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
27 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
28 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
29 FOR AN EFFECTIVE DATE.'
30
31
32 WHEREAS,at the Monroe County Board of County Commissioners' (`BOCC", "Board",
33 "Monroe County", or the "County") June 18, 2025, regular public meeting, the BOCC directed
34 Planning and Environmental Resources Department professional staff to process amendment(s)to
35 the Monroe County Comprehensive Plan and Land Development Code ("LDC" or "Code") to
36 increase the maximum height of residential structures from 35 feet to 42 feet, to amend the
37 definition of grade, to revise the structures that are listed as exceptions to the maximum height
38 restriction, to remove the flood related exceptions to height, and allow to for additional height
39 related to airports as approved by the Federal Aviation Administration ("FAA") in accordance
40 with the adopted airport master plans; and
41
42 WHEREAS, on July 22, 2025, Department professional staff held a Community Meeting
43 in accordance with LDC Section 102-159(b)(3) to discuss the proposed amendments to the Code
44 and Comprehensive Plan, and to provide for public participation; and
45
Monroe County Planning and Environmental Resources Department File No. 2025-080.
1 of 8
1 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
2 considered the proposed amendment at a regularly scheduled meeting held on August 26, 2025;
3 and
4 WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-
5 25, recommending approval of the proposed text amendment; and
6
7 WHEREAS, the Monroe County Planning Commission held a public hearing on the 22na
8 day of October 2025, for review and recommendation on the proposed Comprehensive Plan text
9 amendment; and
10
11 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
12 Resolution No. P29-25 recommending approval with edits, as discussed during the hearing of the
13 proposed amendment; and
14
15 WHEREAS, the Board, at its January 28, 2026, BOCC meeting, held a public hearing to
16 consider the transmittal of the proposed text amendment, considered the professional staff report
17 and provided public comment and public participation in accordance with the requirements of state
18 law and the procedures adopted for public participation in the planning process. The subject BOCC
19 agenda item was continued to the April 15, 2026, regular public meeting of the Monroe County
20 Board of County Commissioners; and
21
22 WHEREAS, at its April 15, 2026, public hearing, the BOCC considered the proposed
23 ordinance and approved transmittal of the proposed text amendment to the State Land Planning
24 Agency; and
25
26 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
27 Objections, Recommendations and Comments ("ORC") report on or about June 19, 2026, which
28 was received by Monroe County on or about June 19, 2026; and
29
30 WHEREAS,the ORC report did identify objections,recommendations, or comments; and
31
32 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
33 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
34
35 WHEREAS, at a regularly scheduled meeting on the 15th day of July 2026, the BOCC
36 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
37 and
38
39 WHEREAS, based upon the information and documentation submitted, the BOCC made
40 the following findings of fact and conclusions of law:
41
42 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
43 Monroe County Comprehensive Plan; and
44 2. The proposed amendment is consistent with the Principles for Guiding Development
45 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
46 Statutes; and
47 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
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1 4. The proposed amendment will not result in an adverse change in community character
2 to the sub-area which a proposed amendment affects.
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
6
7 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
8 and correct and are hereby incorporated as if fully stated herein.
9
10 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
11 (Deletions are shown stfike th-fati ; additions are shown underlined):
12
13 Glossary:
14
15 Grade means the ,ttext to
16 proposed walls of a stvdet-tree crown or curb of the nearest road directly adjacent to the
17 structure,whichever is higher.
18
19 Height means the vertical distance between grade and the highest part of any structure, ineliddin
20 ffieehatiieal equipffie ,but excluding the following: spires and/or steeples on structures used for
21 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles;
22 mechanical equipment; elevator shafts and equipment; solar apparatus; utility poles and/or
23 transmission towers; and certain antenna supporting structures with attached antenna and/or
24 collocations; and non-opaque railings or guards up to 42 inches high. However,in no event shall
25 any of the exclusions enumerated in this definition be construed to permit any habitable OF usable
26 space to exceed the maximum height limitation. In the case of airport districts, the height
27 limitations therein shall be absolute and the exclusions enumerated in this definition shall not
28 apply unless approved by the Federal Aviation Administration (FAA).
29
30
31 *****
32 Policy 101.5.30
33 In order to preserve the existing community character and natural environment,Monroe County
34 shall limit the height of nonresidential and transient structures including landfills to 35 feet.
35 Structures developed exclusively with residential uses shall have a maximum height of 42 feet.
36 For structures developed exclusively with a residential use, roof top structures excluded from
37 the maximum height restriction shall be setback from the building roof-top edge one foot for
38 every_ one foot vertical rise above the 42 foot height limitation of the residential structure.
39
40 Height is defined as the vertical distance between grade and the highest part of any structure,
41 ;,,,.',,, ing meehanieal equipment, but excluding spires and/or steeples on structures used for
42 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles;
43 mechanical equipment; elevator shafts and equipment; solar apparatus; utility poles and/or
44 transmission towers; and certain antenna supporting structures with attached antenna and/or
45 collocations as permitted in the Land Development Code; and non-opaque railingsor guards
46 to 42 inches high. However,in no event shall any of the exclusions enumerated in this definition
3 of 8
1 be construed to permit any habitable of usable space to exceed the maximum height limitation.
2 In the case of airport districts, the height limitations therein shall be absolute and the exclusions
3 enumerated in this definition shall not apply unless approved by the Federal Aviation
4 Administration (FAA).
5
6
7 Policy 101.5.31
8 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
9 community,and has a distinct community character, nonresidential and transient buildings may
10 include non-habitable architectural decorative features (such as finials, railings, widow's walk,
11 parapets) that exceed the 35-foot height limit in Policy 101.5.30, but such features shall not
12 exceed 5 feet above the building's roof-line. This exception shall not result in a building together
13 with any architectural decorative feature with a height that would exceed 40 feet.
14
15 In addition, within the Ocean Reef gated master planned community,upon evidence submitted
16 that the proposed building height has been approved by the master association, Ocean Reef
17 Community Association Inc., pursuant to its Building Regulations and Restrictions, buildings
18 containing multifamily residential, transient, and/or nonresidential uses may be developed or
19 redeveloped to a total maximum building height of 60 feet, provided the buildings are limited
20 to four (4) habitable floors. Such development on property owned by Ocean Reef Club, Inc.
21 shall not be required to provide evidence it has been approved by the master association,based
22 on its exemption from master association review under the Ocean Reef gated master planned
23 community's governing documents. As used in this policy, a master planned community means
24 a planned community of 100 or more acres in area subject to a master plan or other development
25 order approved by the county where public access is restricted and the community is operated
26 and maintained by the community including the provision of comprehensive, private utilities
27 and transportation facilities and services within its boundaries and a homeowners association or
28 similar entity which regulates development standards and monitors development requests by its
29 members.
30
31
32
33 ; allow
34 adaptatieft to eeastal flooding, stotzfn sttfge and athef hazafds;
35 ;
36 ; alid
37
38
39 A Flood Pr-oteefion Height E�Eeepfien of tip to a maxim�tm of five (5) feet above the 35 f6ot.
40 height limit shall be pt:ovided to allow 1.,wfit ly o isti g buildings to be. olufA.,f4ly elevated ,in
41 ;
42 n of three (3) feet above the 35-feetkeight limi shall be pfovided t .,llo,.N,new
43 three (3) fe
44 ,
45 fleed damage,
46 publie ttfids-yr feeovef:y ffem 44..a events.-ift *o ease shall a Flood D,- teet�6irrrelgIii
4of8
1
tl
2 .
3
4
5 ,
6
7
8 en the Ter a BHiNM odes as speeified in R322 2 1 and R 322.3.2 (elevation, ements).
9
10
11 Afea that afe substaiitial --l—All have a ffia-xitffitiffi height lifflit of 40 feet in efdef
12 elevate the addition Rhe i-,I Btfildi ,.Code o,l iqood elevation.
13
14
15 14az,f A,e that afe of s4s atit .,l iffipfevemefAs shall have .,, height mi-t�i-4v
16 b
17 the flood
18 height exeeption of 40 feet.
19
20 Affiy pai4ian of�he building within the Speeial Flood Hazafd Afea that meets the Fequife
21 flood ele-, .do of the "dated FEMA FIRA4s shall be given a height limit of 40 f�et. in lie
22 ease shall this height lifflit f-of fleed pfateetion festAt in a new fesidelififf!btiildilig Of a!a-wftill
23
24
25 Updated FEMA -A-re Oh-e-, maps adopted subsequef4 to FEMA IFIA-A-d- I-4-41"Sufatlee SwEly a
26 the—asEe,,.,p T Flood TH S,, 60o Rate Maps, Elated ebfuafy 19, 209-5-
27
28 Policy 101.5.323
29 Monroe County shall maintain Land Development Regulations which provide a Flood
30 Protection Height Exception for lawfully established existing buildings which exceed the 35-
31 foot height limit, to promote public health, safety and general welfare; allow adaptation to
32 coastal flooding, storm surge and other hazards; protect property from flooding and minimize
33 damages; minimize public and private losses due to flooding; minimize future expenditures of
34 public funds for flood control projects and for recovery from flood events; and mitigate rising
35 flood insurance premiums.A lawfully established existing building may be repaired,improved,
36 redeveloped and/or elevated to meet required FEMA base flood elevation (BFE) provided the
37 building does not exceed a total maximum building height of 4042 feet, and the building is
38 limited to the existing lawfully established intensity,floor area,building envelope(floor to floor
39 height),density and type of use. For lawfully established existing buildings that are proposed to
40 exceed a total height of 4042 feet, a public hearing before the Planning Commission and the
41 Board of County Commissioners shall be required to review and specify the maximum approved
42 height prior to issuance of any county permit or development approval. The Planning
43 Commission shall provide a recommendation to the BOCC on the maximum height of a
44 building. The BOCC shall adopt a resolution specifying the maximum approved height.
45
46 Policy 101.5.334
5 of 8
1 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and
2 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in
3 Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-
4 existing residential dwelling unit, not including mobile homes, may be elevated above base
5 flood level (design flood elevation) to reduce flood damage,pursuant to:
6 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully-
7 existing) footprint of the structure.
8 • Setbacks and land use open space requirements are waived to allow necessary
9 improvements to a dwelling unit being retrofitted by elevating the unit to meet or exceed
10 flood levels. The necessary improvements are limited to ingress/egress structures (stairs,
11 ramps, landings, elevators, etc.). The waiver provided shall be the minimum necessary to
12 provide access to the structure that is in compliance with fire code requirements.
13 Side and rear setback and open space requirements are waived to allow accessory elevated
14 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
15 appliances and components) situated at least two (2) feet from the side yard property line or
16 at least five (5) feet from the rear yard property line.
17 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event
18 shall a required shoreline setback be reduced to less than ten(10)feet from mean high water
19 except to accommodate the lawfully existing footprint of the structure to be elevated.
20 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
21 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
22 Code.
23 • Development shall maintain compliance to the maximum extent practicable, as determined
24 by the Planning Director.
25 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
26 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
27 conservation easement.
28 • This Policy does not restrict a property owner from proposing other additions or
29 improvements to the elevated dwelling unit, as long as the additions, enlargements,
30 expansions, and extensions do not create a nonconformity or cause a further violation to an
31 existing nonconformity.
32 • New construction or reconstruction of single-family dwelling units shall comply with the
33 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in
34 Chapters 118, 130, and 131 of the Monroe County Land Development Code.
35
36 *****
37
38 Section 3. The June 22, 2026-dated Monroe County Planning and Environmental Resources
39 Department professional staff report accompanying this agenda item prepared by
40 and from Planning Policy Advisor Barbara Powell and by and through Senior
41 Director Devin Tolpin, A.LC.P.,2 C.F.M.,3 is hereby incorporated as if fully stated
42 herein and their analysis and determinations of fact and law are hereby accepted
43 and adopted as if fully stated herein.
44
2 American Tnstitute of Certified Planners(A.I.C.P.)—Certification.
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
6of8
1 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
2 ambiguities, within this Ordinance or between this Ordinance and the Monroe
3 County Code of Ordinances, Florida Building Code, Monroe County Land
4 Development Code, floodplain management regulations, Comprehensive Plan, or
5 any other determination, interpretation, or approval of the Monroe County Board
6 of County Commissioners,Monroe County Planning Commission,Monroe County
7 Planning and Environmental Resources Department, or other department or office
8 of Monroe County, the more restrictive rule, regulation, law,provision, and/or text
9 shall always apply and control.
10
11 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
12 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
13 County Codes, Florida Statutes, and floodplain management regulations whose
14 interpretation arise out of, relate to, or are interpreted in connection with this
15 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
16 and such interpretation shall be entitled to great weight in adversarial administrative
17 proceedings, at trial, in bankruptcy, and on appeal.
18
19 Section 6. This Ordinance neither ratifies nor approves, nor shall be interpreted as ratifying or
20 approving, any violation or violations of the Monroe County Code of Ordinances,
21 Monroe County Land Development Code, Monroe County Comprehensive Plan,
22 floodplain management regulations, Florida Building Code, Florida Statutes,
23 Florida Administrative Code, or any other law,rule, or regulation,whether Federal
24 or of the State or of Monroe County, and shall not be construed as ratifying or
25 approving of any such violation of law(s), rule(s), or regulation(s).
26
27 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
28 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
29 require compliance with the Monroe County Codes, Monroe County
30 Comprehensive Plan, floodplain management regulations, Florida Building Code,
31 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation,
32 whether at law or in equity.
33
34 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
35 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
36 governmental, and other similar defense, immunity, exemption, or protection
37 against any suit, cause-of-action, demand, or liability.
38
39 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
40 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
41 or unenforceable in or by any administrative hearing officer or court of competent
42 jurisdiction, the invalidity or unenforceability of such provision, or any part or
43 portion thereof, shall neither limit nor impair the operation, enforceability, or
44 validity of any other provision of this Ordinance, or any remaining part(s) and/or
45 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
46 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
7 of 8
1 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
2 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
3 shall not repeal the repealing clause of such ordinance or revive any ordinance
4 which has been repealed thereby.
5
6 Section 11. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
7 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
8
9 Section 12. Filing and Effective Date. This Ordinance shall be filed in the Office of the
10 Secretary of the State of Florida but shall not become effective until a notice is
1 I issued by the State Land Planning Agency or Administration Commission finding
12 the amendment in compliance with Chapter 163, Florida Statutes, and after any
13 applicable challenges have been resolved.
14
15 Section 13. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
16 in the Monroe County Comprehensive Plan. The numbering of the foregoing
17 amendment may be renumbered to conform to the numbering in the Monroe County
18 Comprehensive Plan.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
21 Florida, at a public meeting held on this 15th day of July, 2026.
22
23 Mayor Michelle Lincoln, District 2
24 Mayor Pro Tem David Rice, District 4
25 Commissioner Craig Cates, District 1
26 Commissioner James K. Scholl, District 3
27 Commissioner Holly Merrill Raschein, District 5
28
29 BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY, FLORIDA
31
32 By:
33 Mayor Michelle Lincoln
34
35 (SEAL)
aoNAOE eeurY ATTORNEY
36 AP' VE-D�DFOR
37 ATTEST: KEVIN MADOK, CLERK 712126
38
39 By:
40 AS DEPUTY CLERK
8 of 8
FLORIDACOMMERCE 11JUM
June 19, 2026
The Honorable Michelle Lincoln
Mayor, Monroe County
7280 Overseas Highway#2
Marathon, Florida 33050
Dear Mayor Lincoln,
FloridaCommerce has completed its review of the proposed comprehensive plan amendment for the
(Amendment No.26-01ACSC), which was received on April 20, 2024. FloridaCommerce has reviewed the
proposed amendment in accordance with the state coordinated review process set forth in sections
163.3184(2) and (4), Florida Statutes(F.S.), for compliance with Chapter 163, Part II, F.S.
The attached Objections, Recommendations, and Comments Report outlines Florid aCommerce's
findings concerning the amendment. FloridaCommerce does not identify any objections to the proposed
amendment. However, FloridaCommerce is providing two comments.The comments are offered to
assist the local government but will not form the basis for a determination of whether the amendment,
if adopted, is "In Compliance" as defined in section 163.3184(1)(b), F.S. Copies of comments received by
FloridaCommerce from reviewing agencies, if any, are also enclosed.
The County should act by choosing to adopt, adopt with changes,or not adopt the proposed
amendment. For your assistance,the procedures for adoption and transmittal of the comprehensive
plan amendment are enclosed.
The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive
plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report,
or the amendment will be deemed withdrawn unless extended by agreement with notice to
FloridaCommerce and any affected party that provided comment on the amendment pursuant to
section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce
within ten working days after the final adoption hearing or the amendment shall be deemed
withdrawn pursuant to section 163.3184(4)(e)2., F.S.
An equal opportunity employer/program.Auxiliary aids and service are availabl(
" upon request to individuals with disabilities.All voice telephone nurnbers on thi
document may be reached by persons using /TTD equipment via the Florida
Relay Service at 711.
June 19,2O26
Monroe County 26'O1AC5C
Page 2nfI
FloriclaCommerce staff is available to assist the County to address the comments. If you have any
questions related to this review, please contact David Pullin, Planning Analyst, by telephone at(OSO)'
921-3269orbvenmai|viaDavid.PuUin@Commenoe.fl.gov.
Sincerel
J es D. Stansbury, Chief
ureau/ne
CommunityP|anninDandGrowth
Enclosures:Objections, Recommendations, and Comments Report
Procedures for Adoption
Reviewing Agency Comments
cc: DevinTo|pin,A|CP, Senior Director of Planning & Environmental Services
Cheryl Ooffari, A|CP,Assistant Director ofPlanning
Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council
^m equal opportunity employer/program.Auxiliary aids and service are awyooW
upon mquest/oindividuals with disabilities.All v000e telephone numbers n^tx
document may be reached uv persons using TTY/TTo equipment via the r|o,m�
Relay Service au711
Objections, Recommendations and Comments Report
Proposed Comprehensive Plan Amendment
Monroe County 26-01ACSC
FloridaCommerce has identified two comments regarding Monroe County's proposed
comprehensive plan amendments.The comments are provided below, along with recommended actions
the County could take to resolve issues of concern. Comments are offered to assist the local government
and will not form the basis for a compliance determination.
FloridaCommerce staff has discussed the basis of the report with County staff and is available to assist
the County to address the comments.
Comment 1: Meanin gful and Predictable,Standards
The proposed amendments to the definition of Grade in the Glossary could create ambiguity, as the
definition provides for two options: the crown or the curb of the nearest road directly adjacent to the
structure,without establishing a rule for determining which applies.To provide meaningful and
predictable standards and to prevent confusion about which standard applies, FloridaCommerce
recommends adding a statement specifying which reference, crown of road or curb,will be used and
under what circumstances.
Section 163.3177(1), F.S. requires that the plan "establish meaningful and predictable standards for the
use and development of land and provide meaningful guidelines for the content of more detailed land
development and use regulations." Prior to adoption,the amendment should be revised to specify
which measurement of Grade should be used to maintain consistency in the interpretation of the
Monroe County Comprehensive Plan.
Comment 2: Internal Inconsistent
FloridaCommerce has noted that amendments made to the definition of Height in the Glossary appendix
and in Policy 101.5.30 are not consistent. Policy 101.5.30 excludes mechanical equipment as a
determining factor in the highest part of any structure, while the definition of Height in the Glossary
includes mechanical equipment as a determining factor in the highest part of any structure. Additionally,
The Glossary definition of Height is internally inconsistent by including mechanical equipment, but also
excluding mechanical equipment from being a determining factor in the highest part of any structure.
Section 163.3177(1), F.S. requires that the plan principles and strategies established in a comprehensive
plan "guide future decisions in a consistent manner" and that these principles and strategies contained
within the comprehensive plan continue to be implemented in a consistent manner. Prior to adoption,
the amendment should be revised so that the two definitions are consistent and/or equivalent to one
another to maintain internal consistency in the Monroe County Comprehensive Plan.
An equal opportunity ernployer/program.Auxiliary aids and service are availabli
" m " upon request to individuals with disabilities.All voice telephone numbers on thi
document may
be reached by persons using T-fY/TfCI equipment via the Florida
Relay Service at 711..
SUBMITTAL OFADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using F|nridaComnoerce's
electronic amendment submittal portal "
( )�rsubnnitthnee
complete copies of all comprehensive plan materials, of which one complete paper copy and two
complete electronic copies on CD ROM in Portable Document Format(PDF)10 the State Land Planning
Agency and one copy to each entity below that provided timely comments to the local government:the
appropriate Regional Planning Council, Water Management District, Department ofTransportation,
Department of Environmental Protection' Department of State, the appropriatee-county(municipal
amendments only), the Florida Fish and Wildlife Conservation Commission and the Department of
Agriculture and Consumer Services (county plan amendments only), and the Department of Education
(amendments relating to public schools), and for certain local governments,the appropriate military
installation and any other local government or governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package.
Summary description of the adoption package, including any amendments proposed but not
adopted.
Ordinance number and adoption date.
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments tn the local government.
Name,title,address,telephone, FAX number and e-mail address of local government contact.
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendment, an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation and its adopted designation.
Effective:June Z, 2O11 (Updated December 2824) Page 4of5
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required.
Copy of executed ordinance adopting the comprehensive plan amendment(s).
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance. No development orders, development permits, or development dependent on this
amendment may be issued or commence before it has become effective. "
List of additional changes made in the adopted amendment that the FloridaCommerce did not
previously review.
List of findings of the local governing body, if any, that were not included in the ordinance, and
which provided the basis of the adoption or determination not to adopt the proposed amendment.
Statement indicating the relationship of the additional changes not previously reviewed by the
FloridaCommerce to the ORC report from the FloridaCommerce.
Effective:June 2, 2011(Updated December 2024) page 5 of S
FDOT
pF Department °Minspomition
May 6, 2026
Ms. Devin Tolpin, AICP, CFM
Senior Director of Planning & Environmental Resources
County of Monroe
Planning and Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Subject: Comments for the Monroe County Comprehensive Plan
Amendment FDEO #26-01ACSC
Dear Ms. Tolpin:
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation, District Six, reviewed the proposed amendment.
The District reviewed the amendment package per Chapter 163 Florida Statutes and
found the proposed text amendment would not adversely impact transportation
resources and facilities of state importance.
Thank you for coordinating on the review of these proposed amendments with FDOT.
If you have any questions, please do not hesitate to contact me by email at
4�,ffdes@ iot.state.fl.us or at 305-470-5445.
Sincerely,
Docuftned by
'-- 705CB16FD3D5405...
Kenneth Jeffries
Transportation Planning Manager
Ms. Devin Tolpin, AICP, CFM
May 6, 2026
Page 2
Cc: Heidi Solaun, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council
Donna Harris, Florida Department of Commerce
MEMORANDUM
AGENDA ITEM#III.0
DATE: MAY 18, 2026
TO: COUNCIL MEMBERS
FROM: STAFF
SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN (LGCP) PROPOSED AND ADOPTED
AMENDMENT CONSENT
Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council (Council),
the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and
development of the Region, consistent with the protection of natural resources and environment of the
Region and to protect the health,safety,welfare, and quality of life of the residents of the Region."
In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews
local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy
Plan for South Florida(SRPP). Pursuant to Section 163.3184,Florida Statutes as presently in effect,Council
review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and
facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the
comprehensive plan of any affected local government within the Region. The Council's review of
amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff
reviews the contents of the amendment package once the Department of Economic Opportunity certifies
its completeness. A written report of the Council's evaluation pursuant to Section 163.3184, Florida
Statutes,is to be provided to the local government and the State Land Planning Agency within 30 calendar
days of receipt of the amendment.
Recommendation:
Find the proposed and adopted plan amendments from the local governments listed as not causing
adverse impact to state or regional resources/facilities and without extra-jurisdictional impacts that would
be inconsistent with the comprehensive plan of any affected local government within the Region.
Approve this report for transmittal to the local governments, with a copy to the State Land Planning
Agency.
na
South Florida Regional Planning Council
i Oakwood Boulevard, Suite 2So, Hollywood, Florida 33020
954-924-3653 Phone,954-924-3654 FAX
Air„. ftga.l.?�.C.3IIcoun. .II.i.,.C.r
PROPOSED AMENDMENTS,
• Broward County 26-04ESR
Proposes amendments to the Broward County Comprehensive Plan's Climate Change, Recreation and
Open Space, and Transportation Elements to remove references to initiatives that support diversity,
equity, and inclusion (DEI).
• Monroe County 26-01ACSC
Proposes amending Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, 101.5.34, and the Glossary of the
Monroe County 2030 Comprehensive Plan to increase the maximum height of residential structures
from 35 feet to 42 feet.
• Monroe County 26-02ACSC
Proposes amendments to the Monroe County 2030 Comprehensive Plan modifying the Future Land
Use and the Housing Elements to modify the requirements related to the 300 Keys Affordable
Workforce Housing Initiative Early Evacuation Unit Building Permit Allocations by removing the 1-for-
1 takings and Bert Harris Act liability reduction exchange requirement by amending, as well as
clarifying, Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 101.3.12,
and 601.1.8.
• City of Doral 26-01ER*
Proposes amendments adopting Evaluation and Appraisal Report-based amendments to the
Comprehensive Plan by amending the Resiliency Element, Future Land Use Element, Transportation
Element, Housing Element, Infrastructure Element, Conservation Element, Parks and Recreation
Element, Educational Facilities Element, Intergovernmental Coordination Element, and Capital
Improvements Element; by creating a new Private Property Rights Element and Economic
Development Element; and updating the Water Supply Facilities Work Plan.
• City of Hollywood 26-01ESR
Proposes an amendment to the City's Comprehensive Plan updating the Potable Water sub-element
of the Utilities Element and the Water Supply Plan.
• Village of Pinecrest 26-01ER
Proposes Evaluation and Appraisal Report-based amendments to the Village of Pinecrest's
Comprehensive Development Master Plan, including: revisions and updates to the supporting
Background Data and Analysis and to the Goals, Objectives, and Policies; amending the Future Land
Use Map by bringing two (2) new properties into the Pinecrest Business Alternative District; and
updates to the Village's Ten-Year Water Supply Facilities Work Plan.
• City of Plantation 26-02ESR
Proposes a new 2025-2045 City of Plantation Comprehensive Plan, replacing the adopted
Comprehensive Plan in its entirety and including the following elements: Future Land Use,
Transportation and Mobility, Housing,Sanitary Sewer, Potable Water,Stormwater and Drainage,Solid
Waste, Conservation, Recreation and Open Space, Intergovernmental Coordination, Capital
2
Improvements, Public Schools Facilities, Neighborhood Design, Property Rights, and Resiliency and
Sustainability.
ADOPTED AMENDMENTS
• Broward County 26-01ESR
Adopts an amendment to the Broward County Land Use Plan to amend the land use designation of a
property in the City of Lauderhill from Commercial Recreation to Irregular (9) Residential. The
property is approximately 132.6 acres and is generally located between Oakland Park Boulevard and
Northwest 44 Street and between Inverrary Boulevard West and Rock Island Road. The amendment
supports the redevelopment of the site into a residential community containing 888 dwelling units
comprised of a mix of single-family detached and attached housing units and multi-family townhome
units. In addition, a text amendment is included that updates Broward County Land Use Plan Policy
2.23.2 regarding Environmentally Sensitive Lands.
• Islamorada,Village of Islands 25-06ACSC
Adopts an amendment to the Comprehensive Plan of Islamorada, Village of Islands, which amends
the land use designation of a property in the Future Land Use Map from Conservation (C) to Mixed
Use(MU)and establishes a new subarea policy under objective 1-2.11.The subject property is located
on Overseas Highway,Upper Matecumbe Key,with Real Estate Number00096850-000200 comprising
approximately 6.4 acres(3.16 of which is mangroves).
• City of Lighthouse Point 25-01ER
Adopts an amendment to the Comprehensive Plan of the City of Lighthouse Point, with a text
amendment updating the Future Land Use Element, Housing Element, Recreation and Open Space
Element, Transportation Element, Coastal Management Element, Conservation Element, Sanitary
Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element,
Capital Improvements Element, and Intergovernmental Coordination Element.
• City of Margate 26-01ESR
Adopts amendments to the City of Margate's Comprehensive Plan; Amending Element III, "Sanitary
Sewer, Solid Waste, Drainage, Potable Water and Natural Ground Water, Aquifer Recharge";
Amending Part 1, "Potable Water" to adopt the updated Ten-Year Water Supply Facilities Work Plan.
• City of North Miami Beach 24-01ESR
Adopts amendments to the City's Future Land Use Element (FLUE) Text; Amending polices 1.2.7.,
1.6.3., 1.8.2., 1.8.5., and 1.8.6., to set minimum standards over all development within the Rapid
Transit Zone (RPZ) by adopting a local ordinance with its own policies satisfying the minimum floor-
area ratio (FAR) requirements of the County's RTZ ordinance, as well as procedures for review and
approval of new development within the RTZ.
• City of Oakland Park 25-01ESR
Adopts amendments to the City's Comprehensive Plan 2045 to the Future Land Use Element (FLUE),
and the Housing Element Chapter 163, Section 163,3184, of the Florida Statutes; by specifically
amending policies in the "Future Land Use Element" to comply with the items identified as
3
deficiencies, by the Broward County Planning Council on October 24, 2024, according to Article 2.3.1
of the Administrative Rules document: BrowarclNext, in addition providing for a revised policy in the
"Housing Element".
• City of Pompano Beach 26-01ESR
Adopts amendments of the City of Pompano Beach, Florida, adopting amendments to the Potable
Water Sub-Element and the Conservation Element in the City's Comprehensive Plan to be consistent
with the South Florida Water Management District's 2023-2024 Lower East Coast Regional Water
Supply Plan.
*Property Rights Amendment
** Staff Note: Due to the different time requirements for Agencies' responses, some comments may not
have been received. Of the Agencies that have submitted comments, those comments do not reflect
potential adverse regional or extra-jurisdictional impacts.
No concerns or technical assistance comments reflecting potential adverse regional or extra-jurisdictional
impacts were received from local governments or partner agencies.
4
Harris, Donna
From: Baysinger, Samantha <Samantha.Baysinger@MyFWC.com>
Sent: Tuesday, May 19, 2026 11:05 AM
To: Valdez,Yazmin
Cc: Conservation Planning Services;Wilson, Sydney; DCPexternalagencycomments
Subject: [EXTERNAL] - FWC's Comments on Monroe County 26-01ACSC (BOCC Resolution
No.102-2026)
TI I This email originated from outside of the. ....... ... �_ _..
�" organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe."
Dear Ms. Valdez:
Florida Fish and Wildlife Conservation Commission(FWC) staff reviewed the proposed comprehensive plan
amendment in accordance with Chapter 163.3184(4), Florida Statutes. We have no comments,
recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to
offer on this amendment.
FWC staff appreciates the opportunity to review this project. Please send any requests for further information
to ConservationPlainingSgrJce.`.i Mvl{..�J�.....r_�nl,
Sincerely,
Samantha Baysinger
Land Use Planning Program Supervisor
Office of Conservation Planning Services
Florida Fish and Wildlife Conservation Commission
(850) 354-3578
Monroe County 26-OIACSC_65201
1
Harris, Donna
From: Plan-Review <Plan.Review@ Florida DEP.gov>
Sent: Wednesday, May 20, 2026 4:21 PM
To: DCPexternalagencycomments
Cc: Plan Review
Subject: [EXTERNAL] - Monroe County 26-01ACSC Proposed
. TI............. ............................................._'`,_,`..................................................... ... ... ............................................................. ............................................. .................. .........
CAUON - "This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe."
...............1111111-...................... ..........
To: Donna Harris, Senior Plan Processor, Florida Commerce Bureau of Community Planning and Growth
Re: Monroe County 26-01ACSC—State Coordinated Review of Proposed Comprehensive Plan Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental Protection
(Department)has reviewed the above-referenced amendment package under the provisions of Chapter 163,
Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to
important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters
of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails,
conservation easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no provision that, if
adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction.
Please submit all future amendments by email to
!L)�a. If your submittal is too large
to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037.
2,
j�
BUSINESS IMPACT ESTIMATE'
Meeting Date: July 15,2026
Proposed Ordinance Title/Reference: Ordinance Amending Monroe County Comprehensive
Plan Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, 101.5.34, and the Comprehensive Plan
Glossary, to Increase the Maximum Height of Residential Structures from 35 feet to 42 feet, to
Amend the Definitions of Grade and Height, to Revise the Structures that are Listed as
Exceptions to the Maximum Height Restriction, to Remove the Flood Related Exceptions to
Height, and to Allow for Additional Height Related to Airports as Approved by the Federal
Aviation Administration (FAA), as Requested by the Board of County Commissioners (BOCC)
at the June 18, 2025, BOCC Meeting.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:2
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to, any Federal,State,local, or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code;or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: The
proposed amendment revises the definition of Grade to establish a meaningful and predictable
standard for measuring the proposed increase in the maximum height of residential structures
from 35 feet to 42 feet. As revised, grade is measured from the crown or curb of the nearest
road directly adjacent to the structure, whichever is higher, providing an objective and
consistent method for determining grade. The proposed amendment retains the current 35-
foot maximum height for nonresidential and transient structures.
The amendment also revises the definition of Height to ensure consistency between the
Glossary and Policy 101.5.30 regarding the treatment of mechanical equipment in determining
the highest part of a structure. The revised language eliminates the internal inconsistency
identified during state review while continuing to exclude specified rooftop equipment,
including mechanical equipment, elevator shafts and equipment, and associated guard
railings required by the Florida Building Code. The amendment also provides an exception to
the height limitation within airport districts when approved by the Federal Aviation
Administration(FAA).
Finally, the proposed amendment removes the Flood Protection Height Exception, which
previously allowed structures to extend up to five (5) feet above the 35-foot height limitation.
Because the proposed amendment increases the maximum residential building height to 42
feet, the separate flood protection height exception is no longer necessary.
Hazard Area. The existing policy allows eligible residential structures to exceed the 35-foot
height limitation by up to five (5) feet in order to achieve flood protection elevations required
by the Florida Building Code. Because the proposed amendment increases the maximum
residential building height from 35 feet to 42 feet, the separate flood protection height
exception and its associated provisions are no longer necessary. Repealing Policy 101.5.32
simplifies the Comprehensive Plan by eliminating redundant provisions while continuing to
allow residential structures to meet applicable flood elevation requirements within the revised
maximum height limit.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The ordinance ("amendment") is not intended to directly impact business compliance
costs.
b. New Charges/Fees on Businesses Impacted:
This amendment does not impose any new County fees/charges to be assessed.
c. Estimate of Regulatory Costs:
This amendment does not impose any added regulatory expense and therefore is not
anticipated to create such costs associated with compliance such as County regulations.
Good Faith Estimate of Number of Businesses Likely Impacted: The estimated number of
businesses likely to be impacted by this ordinance ("amendment") cannot be quantified at this
time because the amendment neither is intended to directly impact business compliance costs
nor imposes any County fees/charges to be assessed.
Any Additional Information:N/A.
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2)