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Item U2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15. 2002 Division: Growth Management Bulk Item: Yes No ---X- Department: Planning AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution on the request by the Planning and Environmental Resources Department to amend Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan to 'grandfather' all legally established residences notwithstanding the density requirements set forth in Policy 101.4.21. ITEM BACKGROUND: Currently, Policy 101.4.23 extends protection to non-conforming principle residential dwelling units that were legally established before January 4, 1996. At their regularly scheduled meeting in July 2001, the Board of County Commissioners directed Growth Management staff to revise Policy 101.4.23 to include seasonal and vacation rental units rather than limit 'grandfathering' to only principal residences. The Planning Commission reviewed and decided not to protect transient rental units and to remove the requirement that structures be established before January 4,1996. On March 2th, 2002 the Planning Commission approved the proposed amendment. PREVIOUS REVELANT BOCC ACTION: At the request of the Board of County Commissioners at their regularly scheduled meeting in July 2001, Growth Management staff was directed to revise Policy 101.4.23 to include seasonal and vacation rental units rather than limit' grandfathering' to only principal residences. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No ---X- AMOUNT PER MONTH Year APPROVED BY: County Atty -X- OMB/Purchasing N/ A CP DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # ~_ Revised 2/27/01 YEAR 2010 COMPREHENSIVE PLAN TEXT AMENDMENT DENSITY PROTECTION OF ALL LEGALLY ESTABLISHED RESIDENTIAL DWELLING UNITS TRANSMITTAL HEARING BOARD OF COUNTY COMMISSIONERS KEY LARGO PUBLIC LIBRARY MAY 15,2002 Staff: DRC: pc: PROPOSED TEXT AMENDMENT POLICY 101.4.23 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN THE AMENDMENT PROPOSES TO CLARIFY THAT ALL LEGALLY- ESTABLISHED RESIDENTIAL DWELLING UNITS SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY CODE, AND TO CORRECT A SCRIVENER'S ERROR IN THE COMPREHENSIVE PLAN CITING AN INCORRECT POLICY. RECOMMENDATIONS Approval March 22, 2002 Staff Report Approval November 1,2001 Resolution #D23-0l Approval March 27, 2002 Resolution #P24-02 RESOLUTION NO. - 2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES TO AMEND POLICY 101.4.23 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO CLARIFY THAT ALL LEGALLY- ESTABLISHED RESIDENTIAL DWELLING UNITS IN EXISTENCE SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY CODE. WHEREAS, the Monroe County Board of County Commissioners held a public hearing on May 15, 2002, for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the draft ordinance for the adoption of the proposed amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of9J-l1.006 ofthe Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. Page 1 of2 Initials \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Trans Reso.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15th day of May 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ~.'.__....'-.~O~ - --.E BY .I '.; Office ,/ ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 2 of2 Initials W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Trans Reso.doc DRAFT BOCC ORDINANCE ORDINANCE NO. -2002 AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.4.23; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently allows residential units that are non-conforming as to density to be rebuilt or substantially improved only if they are legally-established, principal residences; and WHEREAS, at its regularly scheduled July meeting the Board of County Commissioners raised a specific concern related to the rights of property owners to rebuild or substantially improve their properties in situations where the development did not meet minimum parcel size or density standards; and WHEREAS, in the event of a major storm, the County could be faced with a significant number of units that could not be legally rebuilt unless they are proved to be principal residences; and WHEREAS, Growth Management staff recommends the course of action is to amend Policy 101.4.23 to extend the density protection to all lawfully established residential dwelling units; and WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density limitations set forth in the Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee on November 1, 2001 reviewed the legal authority and the proposed text, and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on December 12, 2001, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about allowing all types of transient housing units to be protected as to density; and WHEREAS, during a regular meeting held on December 27, 2001, the Monroe County Planning Commission conducted a public hearing on a proposed text narrowed in scope to include only residential units to be granted density rights; and Page 1 of 4 Initial \ \GMD0059\pub$\Planning\ Working Folders\will-robert\ Text Amendments\Density Protection\BOCC Density Ord.doc WHEREAS, the proposed text was tabled during the December 27,2001 regular meeting pending the decision of an administrative hearing regarding an appeal of the Planning Commission's decision to deny build back rights; and WHEREAS, during a regular meeting held on March 13, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about the density protection of units built after January 4, 1996 and suggested the date be eliminated to include units built after this date; and WHEREAS, during a regular meeting held on March 27, 2002, the Monroe County Planning Commission conducted a public hearing and approved the proposed text; and WHEREAS, The Monroe County Board of County Commissioners were presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. The Staff Report prepared on March 22, 2002; by K. Marlene Conaway, Director, Planning and Environmental Resources, 2. Proposed changes to the Monroe County Year 2010 Comprehensive Plan, 3. The sworn testimony of the Growth Management Staff, 4. Comments by the public; WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to the Monroe County Year 2010 Comprehensive Plan submitted by the Monroe County Planning Department at a public hearing on May 15th, 2002; and WHEREAS, the Monroe County Board of County Commissioner makes the following Findings of Fact based on the evidence presented: 1. Monroe County is subject to tropical storms of great intensity which may cause a large amount of property damage, including the destruction of residential dwelling units, and 2. Many legally established residential dwelling units are non-conforming as to the density provisions currently set forth in the Monroe County Land Development Regulations, and 3. In order to be substantially improved or rebuilt due to destruction in the event of a large storm, residential dwelling units must be shown to be principle dwelling units if they are non-conforming as to density provisions, and Page 2 of 4 Initial \\GMD0059\pub$\Planning\ Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc 4. There are currently a number of legally established residential dwelling units that would not be able to be rebuilt if they were destroyed in the event of a major storm, and 5. The current Policy 101.4.23 cites an incorrect policy regarding density provisions set forth in the Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioner makes the following Conclusions of Law based on the evidence presented: 1. It is in the best interest of Monroe County to protect the density of all legally established residential dwelling units, and 2. The current Policy 101.4.23 must be amended to included all legally established residential dwelling units in order to allow substantial improvement and replacement of units considered non-conforming as to the density provisions set forth in Policy 101.4.21, and 3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed changes to Policy 101.4.23 are consistent with the other goals, objectives, and policies set forth in the plan; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the Year 2010 Comprehensive Plan be approved, adopted and transmitted to the state land planning agency for approval; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Policy 101.4.23 of the Year 2010 Comprehensive Plan is hereby amended to read as follows: Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon which a legally-established residential dwelling unit is if!. existef!.ee and used as a prif!.cipal residenee OR the effeeti',e date of this plan exists shall contiFHie to be entitled to a density of one dwelling unit per each such unit in existence Of!. the eff-ective date of the Plan~ Such legally-established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code. Page 3 of4 Initial W : \Planning\ Working F olders\ will-robert\ Text Amendments \Density Protection \BOCC Density Ord.doc Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. All ordinances or parts of ordinances In conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 4 of4 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc Memorandum W: FROM: DATE: RE: Monroe County Board of County Commissioners K. Marlene Conaway, Director, Planning and Environmental Resources March 22, 2002 Proposed Comprehensive Plan Amendment to Protect the Density of Lawfully Established Residential Dwelling Units STAFF REPORT I. Background Currently, Policy 101.4.23 of the Year 2010 Comprehensive Plan allows residential units that are non- conforming as to density to be rebuilt only if they are lawfully established principal residences. Lawfully established principal dwelling units must have been in existence on January 4, 1996 to be eligible to receive a dwelling unit allocation (regardless of density requirements) in the event that the unit is demolished or destroyed by catastrophe. Policy 101.4.23 states: "Notwithstanding the density limitations set forth in Policy 101.4.22, land upon which a legally-established residential dwelling unit is in existence and used as a principal residence on the effective date of this plan shall continue to be entitled to a density of one dwelling unit per each such unit in existence on the effective date of this plan. " At the request of the board of County Commissioners, Growth Management staff was directed to revise Policy 101.4.23 to include seasonal, vacation rental, and transient rental units rather than limit grandfathering to only principal residences. At the December 12, 2001 regular meeting of the Planning Commission concems were raised that allowing all types of transient housing units to be granted density exemption could have severe unintended consequences. For example, Recreational vehicle spaces and campground sites would be granted a density of one dwelling unit and could be redeveloped into housing, hotel or motel rooms. This potential redevelopment would have an unknown effect on the results of the hurricane evacuation model, level of service on US 1, and the carrying capacity study due to an increase in the intensity of use of various transient residential units. The Planning Commission suggested that Policy 101.4.23 be amended to be more narrow in scope to achieve the desired results of protecting the density of residential homes and vacation rental units. At the December 27th, 2001 regular Planning Commission meeting the proposed text amendment was tabled indefinitely pending the result of an on going administrative hearing regarding density build- Page 1 of2 W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Report.doc back rights. The hearing was an appeal of a Planning Commission decision to deny build-back rights to property owners Thomas and Dagmar Lesick for a non-conforming as to density vacation rental unit on Money Key. The Lesick's won their appeal, the administrative judge reversed the Planning Commission's decision. At the March 13th 2002 regular meeting a concern was raised regarding the January 4, 1996 date before which residences must be lawfully established. If the intent is to protect all lawfully established residential units, then those built after January 4, 1996 should be protected as to density as well. The amendment was revised to remove the date requirement in order to include residences built after the January 4, 1996. The Planning Commission approved the amendment once that change was made. II. Proposed Text Underlined text is new language and strikethr-ough text indicates language to be deleted. Policy 101.4.23 Notwithstanding the density limitations set forth in Policy lOl.4.~ 21, land upon which a legally-established residential dwelling unit is in existenee and l:lSOO as a principal r-esidooee on the effeetive Gate of 1:his plan exists shall conti.J.:me to be entitled to a density of one dwelling unit per each such unit if1 existeBee OR the effective date of the Plan. Such legally-established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code. Rationale: This text corrects the typographical error in the first line of the policy and all residential units in the protected category. This amendment deletes the requirement of a dwelling unit to be a principle residence and allows all lawfully established units in existence to receive the density exemption. The purpose of this alternative is to protect the density of all legally established residential dwelling units in existence on off-shore islands and elsewhere. Page 2 of2 W:\Planning\ Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Report.doc PLANNING COMMISSION RESOLUTION #P24-02 PLANNING COMMISION RESOLUTION NO. P24-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF A REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY AMENDING POLICY 101.4.23 TO CLARIFY THAT ALL LEGALLY-ESTABLISHED RESIDENTIAL DWELLING UNITS IN EXISTENCE SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY CODE, AND TO CORRECT A SCRIVENER'S ERROR IN THE COMPREHENSIVE PLAN CITING AN INCORRECT POLICY. WHEREAS, during a regularly scheduled meeting held on March 27, 2002, the Planning Commission conducted a review of the request by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Policy 101.4.23; and WHEREAS, during a regularly scheduled meeting held on November 1, 2001, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Policy 101.4.23; and WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently allows residential units that are non-conforming as to density to be rebuilt or substantially improved only ifthey are legally-established, principal residences; and WHEREAS, at its regularly scheduled meeting in July 2001, the Board of County Commissioners raised a specific concern related to the rights of property owners to rebuild or substantially improve their properties in situations where the development did not meet minimum parcel size or density standards; and WHEREAS, in the event of a major storm, the County could be faced with a significant number of units that could not be legally rebuilt unless they are proved to be principal residences; and WHEREAS, Growth Management staff recommends the course of action is to amend Policy 101.4.23 to extend the density protection to all lawfully established residential dwelling units; and WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density limitations set forth in the Year 2010 Comprehensive Plan; and Page lof3 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc WHEREAS, the Development Review Committee on November 1, 2001 reviewed the legal authority and the proposed text, and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on December 12, 2001, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about allowing all types of transient housing units to be protected as to density; and WHEREAS, during a regular meeting held on December 27, 2001, the Monroe County Planning Commission conducted a public hearing on a proposed text narrowed in scope to include only residential units to be granted density rights; and WHEREAS, the proposed text was tabled during the December 27, 2001 regular meeting pending the decision of an administrative hearing regarding an appeal of the Planning Commission's decision to deny build back rights; and WHEREAS, during a regular meeting held on March 13, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about the density protection of units built after January 4, 1996 and suggested the date be eliminated to include units built after this date; and WHEREAS, during a regular meeting held on March 27, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text; and WHEREAS, The Planning Commission was presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. The Staff Report prepared on March 22,2002 by Robert Will, Planner. 2. The sworn testimony ofthe Growth Management Staff. 3. Advice from John Wolfe, the Planning Commission Council; and 4. Comments by the public; and WHEREAS, the Planning Commission has made the following Findings of Fact based on the evidence presented: 1. At the regularly scheduled meeting in July 2001 the Board of County Commissioners directed Growth Management Staff to revise Policy 101.4.23 to include seasonal, vacation rental, and transient rental units rather than limit 'grandfathering' to only principal residences, and 2. The intent of Policy 101.4.23 was not to protect the density of transient rental units, but rather only residential dwelling units, and Page 2 of3 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc 3. The date of January 4, 1996 should be eliminated in order to include lawfully established residential dwelling units constructed after that date, and 4. It is necessary to amend the existing Policy 101.4.23 to protect the density of all legally established residential dwelling units within the county; and WHEREAS, the Planning Commission has made the following Conclusions of Law based on the evidence presented: 1. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed changes to Policy 101.4.23 are consistent with the other goals, objectives, and policies set forth in the plan. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact support its decision to recommend APPROVAL to the Board of County Commissioners of the amendment to the text of the Monroe County Year 2010 Comprehensive Plan, Policy 101.4.23 as follows: Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon which a legally-established residential dwelling unit is in existenee and Hsea as a prineipal residenee of!. the offeetiye date of this plan exists shall eontif!.\ie to be entitled to a density of one dwelling unit per each such unit if!. existence OR tho effeeti~/e date of the Plan~ Such legally-established dwelling unit shall not be considered as non- conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code. PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 2ih day of March 2002. Chair David C. Ritz Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney YES YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY David C. Ritz, Chair Signed this _ day of ,2002. Page 3 of3 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D23-01 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D23-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSNE PLAN BY AMENDING POLICY 101.4.23 TO CLARIFY THAT ALL LEGALLY-ESTABLISHED RESIDENTIAL DWELLING OR TRANSIENT RESIDENTIAL UNITS IN EXISTENCE ON OR BEFORE JANUARY 4, 1996 SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY CODE, AND TO CORRECT A SCRIVENER'S ERROR IN THE COMPREHENSNE PLAN CITING AN INCORRECT POLICY. WHEREAS, during a regularly scheduled meeting held on November 1, 2001, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Policy 101.4.23; and WHEREAS, the Development Review Committee examined the staff report prepared by Robert Will, Planner and dated October 4,2001; and WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently allows residential units that are non-conforming as to density to be rebuilt or substantially improved only if they are legally-established, principal residences; and WHEREAS, at its regularly scheduled July meeting the Board of County Commissioners raised a specific concern related to the rights of property owners to rebuild or substantially improve their properties in situations where the development did not meet minimum parcel size or density standards; and WHEREAS, in the event of a major storm, the County could be faced with a significant number of units that could not be legally rebuilt unless they are proved to be principal residences; and WHEREAS, Growth Management staff recommends the course of action is to amend Policy 101.4.23 to extend the density protection to all lawfully established residential and transient units; and WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density limitations set forth in the Year 2010 Comprehensive Plan; and Page I of2 Initial W : \Planning\ Working F olders\ will-robert\ Text Amendments\Density Protection \D RC Reso #D23-0 l.doc WHEREAS, the Development Review Committee finds that the proposed amendment is consistent with the Goals of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of fact supports their decision to recommend APPROVAL to the Monroe County Planning Commission of the text amendment to the Monroe County Year 2010 Comprehensive Plan as requested by the Monroe County Planning and Environmental Resources Department. PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 1 sl day of November, 2001. Fred Gross, Island Planning Team Director (Lower Keys) Aref J oulani, Senior Planner Robert Will, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, DRC Chair Signed this _ day of , 2001. Page 2 of2 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\DRC Reso #D23-01.doc