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Resolution 153-2019 • t 1' • 2 3 _ 4 �� L : 5 \" 7 8 MONROE COUNTY, FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. 153 -2019 11 12 13 A RESOLUTION BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE 15 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE 16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING 17 POLICY 101.5.29 OF THE MONROE COUNTY 2030 18 COMPREHENSIVE PLAN TO ALLOW EXISTING LAWFULLY 19 ESTABLISHED RESIDENTIAL DWELLING UNITS, OTHER 20 THAN MOBILE HOMES, TO BE CONSIDERED CONFORMING 21 USES REGARDLESS OF FUTURE LAND USE CATEGORY; 22 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 23 OF CONFLICTING . PROVISIONS; PROVIDING FOR 24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 25 AND THE SECRETARY OF STATE; PROVIDING FOR 26 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 27 PLAN; PROVIDING FOR AN EFFECTIVE DATE. 28 29 WHEREAS, the Monroe County Board of County Commissioners conducted a public 30 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 31 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 32 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 33 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 34 Year 2030 Comprehensive Plan as described above; and 35 36 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 37 of County Commissioners support the requested text amendment; 38 39 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 40 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 41 42 Section 1. The Board of County Commissioners does hereby adopt the recommendation of 43 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 44 for adoption of the proposed text amendment. 45 Resolution No 153 _2019 Page 1 of 2 1 46 Section 2. The Board of County Commissioners does hereby transmit the proposed 47 amendment to the State Land Planning Agency for review and comment in 48 accordance with the State Coordinated Review process pursuant to Section 49 163.3184(4), Florida Statutes. 50 51 Section 3. The Monroe County staff is given authority to prepare and submit the required 52 transmittal letter and supporting documents for the proposed amendment in 53 accordance with the requirements of Section 163.3184(4), Florida Statutes. 54 55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 56 resolution to the Director of Planning. 57 58 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 59 Florida, at a regular meeting of the Board held on the 22nd day of May , 2019. 60 61 Mayor Sylvia Murphy Yes 62 Mayor Pro Tern Danny L. Kolhage Yes 63 Commissioner Heather Carruthers Absent 64 Commissioner Michelle Coldiron Yes 65 Commissioner David Rice Yes 66 "^"`' BOARD OF COUNTY COMMISSIONERS 68 t�� ', OF MONROE �i UNT ORIDA 70 F BY 71 u <: I MAY E R SYLVIA MURPHY je • ate;. '#.. 73 • 74 ATT S KEV v MADO CLERK 75 `` R^'vt.t • •N �• GOt11iFd TfORNEY 76 DEPUTY CLERK L_... 8TEVEe i.W'~tl. 18 ASSt$TANY c��TY 'RTORNEY 3 tie ems: -ter :-on 2. C - %�`, C1 L-a 73 CD' VC .. -0 ' rn V, -1 Q, Resolution No.153 -2019 Page 2 of 2 Exhibit A 1 • 0? '66'\ 4 . t 3 X • . . 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2019_ 10 11 AN ORDINANCE BY THE MONROE XOUNTY BOARD OF 12 COUNTY COMMISSIONERS AMENDING=-POLICY 101.5.29 OF 13 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO 14 ALLOW EXISTING LAWFULLY_E-STABLISHED-RESIDENTIAL 15 DWELLING UNITS, OTHER TTIAN MOBILE HOMES, TO BE 16 CONSIDERED CONFORMING USES REGARDLESS OF__FUTURE 17 LAND USE DISTRICT; PROVIDING FOR SEVEWM3ILITY; 18 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 19 PROVIDING FOR TRANSMITTAUmI=HE STATE LAND 20 PLANNING AGENCY AND THE SECRETARY OF STATE; 21 PROVIDING FOR INCLUSION _IN THE MONROE COUNTY 22 COMPREHENSIVE PLANS PROVIDING FOR_AN EFFECTIVE 23 DATE. 24 25 26 27 WHEREAS, on November 27,;2018 a community meeting was held, as required by LDC 28 Section 102 159(bR3), to discuss the proposed Comprehensive Plan text amendment, and to 29 provide for=public participation, grid 30 31 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee 32 (DRC) reviewed the proposed m endment-at a regularly scheduled meeting; and 33 ==- 34 WHEREASrstaff is recommending approval of the proposed amendments to the 2030 35 Comprehensive Plan.to-amendPolicy 101.5.29 to allow existing lawfully established residential 36 dwelling units, other than_mobile homes, to be considered conforming uses regardless of Future 37 Land Use category; and =- 38 39 WHEREAS, the Monroe County Planning Commission held a public hearing on 40 February 27, 2019, for review and recommendation on the proposed amendment; and 41 42 WHEREAS, the Planning Commission was presented with the following documents and 43 other information relevant to the request, which by reference is hereby incorporated as part of the 44 record of said hearing: Ord. -2019 Page 1 of 4 File#2018-209 1 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated 2 February 12, 2019; 3 2. Sworn testimony of Monroe County Planning &Environmental Resources 4 Department staff; and 5 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe, 6 Planning Commission Counsel; and 7 8 WHEREAS, based upon the information and documentation submitted, the Planning 9 Commission made the following Findings of Fact and Conclusions of Law: 10 —=--= 11 1. The proposed amendment is consistent with the.Goa s, Objectives and Policies of the 12 Monroe County Year 2030 Comprehensive Plan, and 13 2. The proposed amendment is consistent witlithe Principles for Guiding Development 14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 15 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; 16 and 17 18 WHEREAS, the Monroe County Planning Commissron adopted Resolution No. P06-19 19 recommending approval of the ro osed amendment; and rt _ 20 = _ 21 WHEREAS, at a regular meeting.held on-the 22"d day o_f May 2019, the Monroe County 22 Board of County Commissioners held a public hearingto consider the transmittal of the proposed 23 text amendment, considered-th.e staff report and provided for public comment and public 24 participation in accordance with the requirements of state law and the procedures adopted for 25 public participation in the planning process; and 26 =- 27 WHEREAS, at the May 22, 2019=public hearing, the BOCC adopted Resolution - 28 201 , = transmittal of the proposed text amendment to the State Land 29 Planning Agency; and 30 31 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 32 Objections, Recommendations__ad Comments (ORC) report, received by the County on 33 ; and_ 34 35 WHEREAS,the ORC report ; and 36 37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 38 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 39 40 WHEREAS, at a regularly scheduled meeting on the —th day of , 201_, the 41 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text 42 amendment; Ord. -2019 Page 2 of 4 File#2018-209 1 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 3 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby 5 amended as follows (Deletions are shown stricken through; additions are shown 6 underlined): 7 8 Policy 101.5.29 9 Notwithstanding the density limitations set fortin Policy 101.5.25, land upon 10 which a lawfully established residential dwelling unit exists shall be entitled to a 11 density of one dwelling unit per each recognized lawfully established unit. Such 12 lawfully-established dwelling unit(s) shall-not be_considered as nonconforming as 13 to the density provisions of Policy,_,_.101.5.25 ankyhe Monroe County Land 14 Development Code. Notwithstanding the nonconforming use provisions of Policy 15 101.8.4, existing lawfully established residential uses, =not including mobile 16 homes, and not including transient=uses, shall_be entitled to repair and/or replace 17 such dwelling units with the same-'=type of dwelling unit-and shall not be 18 considered a nonconforming use(s) Lawfully=established mobile==homes shall be 19 entitled to replace such dwelling units with adetached dwelling unit and shall not 20 be considered a nonconforming use(s). _- 21 22 Section 2. Severability =_If any section, subsection, sentence, clause, item, change, or 23 provision_of this ordinance i8-..heidgillYalid;4hOiFxemainder of this ordinance shall 24 not be affected by such validity 25 26 Section 3.- Repeal of Inconsistent Provisions -All ordinances or parts of ordinances in 27 conflictiwith this ordinance are Hereby-repealed to the extent of said conflict. 28 = 29 Section 4 _.Transmittal This ordinance shall be transmitted by the Director of Planning to 30 the State Land Planning --Agency pursuant to Chapter 163 and 380, Florida 31 Statutes. 32 33 Section 5. Filing and-Effective Date. This ordinance shall be filed in the Office of the 34 Secretary of:the State of Florida but shall not become effective until a notice is 35 issued by the State Land Planning Agency or Administration Commission finding 36 the amendment in compliance with Chapter 163, Florida Statutes and after any 37 applicable challenges have been resolved. 38 39 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be 40 incorporated in the Monroe County Comprehensive Plan. The numbering of the Ord. -2019 Page 3 of 4 File#2018-209 1 foregoing amendment may be renumbered to conform to the numbering in the 2 Monroe County Comprehensive Plan. 3 4 Mayor Sylvia Murphy 5 Mayor Pro Tern Danny L. Kolhage 6 Commissioner Heather Carruthers 7 Commissioner Michelle Coldiron 8 Commissioner David Rice 9 - 10 BOARD OF COUNTY COMMISSIONERS 11 OF MONROE_COUNTY, FLORIDA 12 =_ 13 BY 14 MAYOR SYI UTA MURPHY 15 (SEAL) 16 17 ATTEST: KEVIN MADOK, CLERK 18 19 20 DEPUTY CLERK Ord. -2019 Page 4 of 4 File#2018-209