Resolution 153-2019 • t
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8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 153 -2019
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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.
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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
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36 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
37 of County Commissioners support the requested text amendment;
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39 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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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.
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Resolution No 153 _2019 Page 1 of 2
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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.
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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.
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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.
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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.
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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
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"^"`' BOARD OF COUNTY COMMISSIONERS
68 t�� ', OF MONROE �i UNT ORIDA
70 F BY
71 u <: I MAY E R SYLVIA MURPHY
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74 ATT S KEV v MADO CLERK
75 `` R^'vt.t • •N �• GOt11iFd TfORNEY
76 DEPUTY CLERK L_...
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Resolution No.153 -2019 Page 2 of 2
Exhibit A
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2019_
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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.
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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
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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
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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 =-
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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
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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
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8 WHEREAS, based upon the information and documentation submitted, the Planning
9 Commission made the following Findings of Fact and Conclusions of Law:
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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
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18 WHEREAS, the Monroe County Planning Commissron adopted Resolution No. P06-19
19 recommending approval of the ro osed amendment; and
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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
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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
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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_
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35 WHEREAS,the ORC report ; and
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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
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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;
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File#2018-209
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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):
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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). _-
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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
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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.
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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.
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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.
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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
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File#2018-209
1 foregoing amendment may be renumbered to conform to the numbering in the
2 Monroe County Comprehensive Plan.
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4 Mayor Sylvia Murphy
5 Mayor Pro Tern Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron
8 Commissioner David Rice
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10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE_COUNTY, FLORIDA
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13 BY
14 MAYOR SYI UTA MURPHY
15 (SEAL)
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17 ATTEST: KEVIN MADOK, CLERK
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20 DEPUTY CLERK
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