Ordinance 040-2002
ORDINANCE NO,
040
-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
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
Page 1 of 4
Initial
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 December 2, 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 15t\ 2002; and
WHEREAS, a copy of the proposed language change was transmitted to the Department
of Community Affairs for their review on August 23, 2002, and
WHEREAS, the Department of Community Affairs raises no objections to the proposed
amendment as stated in a letter received from the Department on October 28, 2002 which serves
as the Department's Objections, Recommendations and Comments Report; and
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 for adoption at a second public hearing on December 18t\
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
Page 2 of4
Initial
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
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.
read as follows:
Policy 101.4.23 of the Year 2010 Comprehensive Plan is hereby amended to
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a
legally-established residential dwelling unit exists shall be entitled to a density of one
dwelling unit per each such unit.
Page 3 of 4
Initial
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.
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 finding the amendment in compliance with Chapter 163,
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of December 2002.
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Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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'/~"'Ai.f~ Q~ L. KOLHAGE, CLERK
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BY
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Mayor Dixie Spehar
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Page 4 of 4
Initial
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAO<(305) 289-1745
MONROE COUNTY COURTI-lOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAO<(305)295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAO< (305) 852-7146
January 21,2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 7927
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 039-2002 approving the request by the Monroe County Department of
Public Works to amend the Monroe County Future Land Use Map from Residential Medium
(RM) to Public Facility (PF) for property located on U.S. #1 described as Lot I, Block 23,
Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key, Monroe County, Florida
approximate mile marker 21.
Ordinance No. 040-2002 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
20 I 0 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.
Ordinance No. 041-2002 approving a request of the Monroe County Planning Department
to amend the Monroe County Year 20 I 0 Comprehensive Plan by extending the dates of
completion of Objective 212.1, Policy 212.1.1, Policy 212.1.2 related to Shoreline Development;
Object 213.1, Policy 213.1. I, Policy 213 .1.2, Policy 213.1.4 related to Beach Access; Objective
401.1, Policy 401.1.1 related to mass transit; and Objective 1201.10, Policy 1201.10.1, Policy
1201.10.2 related to recreation and open space.
Ordinance No. 042-2002 repealing Policy 101.5.4-19 of the Year 2010 Comprehensive Plan;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; 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.
Ordinance No. 043-2002 repealing Section 9.5-122.3(a)(19), Monroe County Code, by
eliminating points for modest housing under ROGO; providing for the severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the
Monroe Code; 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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 18, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
::MdOfCO~
~ G. Hancock, D.C.
cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File /
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• Mrs. Liz Cloud, Chief
• Bureau of Administrative Code
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
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FLORIDA DEPARfMENT OF STATE
Ken Detzner
Secretary of State
DIVISION OF ELECTIONS
January 29,2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 21, 2003 and certified copies of Monroe County
Ordinance Nos. 039-2002 through 043-2002, which were filed in this office on
January 28,2003.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us