Item Q2 Q.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: Q2
Agenda Item Summary #5514
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A resolution transmitting to the State Land Planning Agency a
proposed ordinance by the Monroe County Board of County Commissioners amending Policy
101.5.29 of the Monroe County Year 2030 Comprehensive Plan to allow existing lawfully
established residential dwelling units, other than mobile homes, to be considered conforming uses
regardless of Future Land Use district.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the 2030 Comprehensive Plan to amend Policy 101.5.29 to address existing lawfully established
nonconforming residential uses, not including mobile homes and not including transient uses, to
allow for repair and replacement of such dwelling units with the same type of dwelling unit, and it
shall not be considered a nonconforming use.
Monroe County's current adopted Comprehensive Plan has an existing policy that protects
nonconforming lawfully established residential density. This policy allows the density to be
replaced, regardless of the density limitations established in Policy 101.5.25. Most nonconforming
single-family residences can be replaced in footprint, but only if it is located in a FLUM and zoning
district that permits residential uses.
Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
come to the attention of staff that some property owners are prevented from rebuilding because the
residential dwelling unit is considered a nonconforming use within certain Future Land Use Map
(FLUM) categories and land use (zoning) districts.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
and Land Development Code text amendments was held on November 27, 2018 in Marathon and
provided for public input. There were five members of the public in attendance who posed general
questions about the timeframe of implementation and who would benefit from the proposed of the
proposed text amendment.
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Q.2
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
January 15, 2019 and received public input.
Planning Commission and Public Input
At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended
approval of the proposed text amendment through PC Resolution P06-19 and provided for public
comment.
Proposed Amendment(deletions are stricken through; additions are shown in underlined):
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each
recognized lawfully established unit. Such lawfully-established dwelling unit(s) shall not be
considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County
Land Development Code. Notwithstanding the nonconforming _use provisions of Policy provisions of Policy 101.8.4.
existing lawfully established residential uses, not including mobile homes, and not including
transient uses, shall be entitled to repair and/or replace such dwelling units with the same type of
dwelling unit and shall not be considered a nonconforming use(s).
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
DOCUMENTATION:
2018-209 BOCC SR 05.22.19
Transmittal Reso
Ex.A to transmittal reso-Draft Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
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Q.2
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:
Insurance Required:
Additional Details:
REVIEWED BY:
Emily Schemper Completed 05/01/2019 11:14 AM
Steve Williams Completed 05/01/2019 11:34 AM
Maureen Proffitt Completed 05/01/2019 1:18 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 10:40 AM
Budget and Finance Completed 05/03/2019 12:25 PM
Maria Slavik Completed 05/03/2019 12:59 PM
Kathy Peters Completed 05/06/2019 10:36 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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2
3 °
4
5 MEMORANDUM Ui
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
CL
9 To: Monroe County Board of County Commissioners
10 D
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources
12 E
13 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 0
14
15 Date: May 7, 2019 z
16 S
17 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy
18 101.5.29 of the 2030 Monroe County Comprehensive Plan to address existing lawfully
19 established nonconforming residential uses, not including mobile homes and not
20 including transient uses, to allow for repair and replacement. (File 42018-209)
21
22 Meeting: May 22, 2019 E
U)
23
24 I. REQUEST
25
26 The Monroe County Planning & Environmental Resources Department is proposing amendments E
27 to the 2030 Comprehensive Plan to amend Policy 101.5.29 to address existing lawfully established
28 nonconforming residential uses, not including mobile homes and not including transient uses, to E
29 allow for repair and replacement of such dwelling units with the same type of dwelling unit, and it r_
30 shall not be considered a nonconforming use. CL
31 E
32 IL BACKGROUND INFORMATION U
33
CD
34 Monroe County's current adopted Comprehensive Plan has an existing policy that protects 7
35 nonconforming lawfully established residential density. This policy allows the density to be
0
36 replaced,regardless of the density limitations established in Policy 101.5.25. Most nonconforming i
37 single-family residences can be replaced in footprint,but only if it is located in a FLUM and zoning
38 district that permits residential uses. U
39 to
40 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has Mi
41 come to the attention of staff that some property owners are prevented from rebuilding because the CD
42 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map Go
T_
43 (FLUM) categories and land use (zoning) districts. CD
04
44
45 Community Meeting and Public Participation as
E
46 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
47 Plan and Land Development Code text amendments was held on November 27, 2018 in Marathon
48 and provided for public input. There were five members of the public in attendance who posed
BOCC SR 05.22.19 Page 1 of 7
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Q.2.a
I general questions about the timeframe of implementation and who would benefit from the
2 proposed of the proposed text amendment.
3
4 Development Review Committee and Public Input
5 The Development Review Committee considered the proposed amendment at a regular meeting Iq
6 on January 15, 2019 and received public input. Q
7
8 Planning Commission and Public Input
a.
9 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended 0
10 approval of the proposed text amendment through PC Resolution P06-19 and provided for public M
11 comment.
12
13 The subject of this staff report is the amendment to the Comprehensive Plan. 0
14 0
15 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 0
16 �
17 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined):
18
19 *****
20 Policy 101.5.29
21 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
22 established residential dwelling unit exists shall be entitled to a density of one dwelling unit per
23 each recognized lawfully established unit. Such lawfully-established dwelling unit(s) shall not be
24 considered as nonconforming Ito the density provisions of Policy 101.5.25 and the Monroe
25 County Land Development Code. Notwithstanding the nonconforming use provisions of Policy
26 101.8.4, existing lawfully established residential uses, not including mobile homes, and not E
27 including transient uses, shall be entitled to repair and/or replace such dwelling units with the same
28 type of dwelling unit and shall not be considered a nonconforming _use(s). �Euse(s). E
29
30 *****
31
32 IV. ANALYSIS OF PROPOSED AMENDMENT 0
33
34 The following definitions are provided in the Glossary of the Comprehensive Plan:
35 . Nonconforming Use means a use which does not conform to a current provision or ri
36 regulation provided in the Comprehensive Plan and/or LDC. LOi
37 . Nonconforming Use, Lawful means a use which does not conform to a current provision
38 or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or
39 otherwise in existence lawfully,prior to the effective date of the ordinance adopting the 0
40 current provision or regulation that rendered the use nonconforming. 00i
41 Redevelopment means the rehabilitation, improvement, and/or demolition and
42 replacement of existing development on a site. 00
43 Monroe County's current adopted Comprehensive Plan has an existing policy that protects N
44 nonconforming lawfully established residential density. This policy allows the density to be a
45 replaced, regardless of the density limitations established in Policy 101.5.25.
46
47
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Q.2.a
I Policy 101.5.29
2 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which
3 a lawfully established residential dwelling unit exists shall be entitled to a density of
4 one dwelling unit per each recognized lawfully established unit. Such lawfully-
5 established dwelling unit(s) shall not be considered as nonconforming as to the density
6 provisions of Policy 101.5.25 and the Monroe County Code.
7
c�
8 Most nonconforming single-family residences can be replaced in footprint,but only if it is located 0
9 in a FLUM and zoning district that permits residential uses.
10 �
11 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
12 come to the attention of staff that some property owners are prevented from rebuilding because the E
13 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map
14 (FLUM) categories and land use (zoning) districts. 0
c�
15 0
16 The County's current adopted Comprehensive Plan contains a policy that protects nonresidential z
17 uses and transient uses within the RC, RL, RM and RH future land use map categories; however,
18 these protections do not extend to residential uses.
19 U)
20 Policy 101.5.5
21 Monroe County shall maintain Land Development Regulations which allow
22 nonconforming nonresidential and transient uses in the RC, RL, RM and RH future
23 land use categories that lawfully existed on such lands on January 4, 1996 to develop,
24 redevelop, reestablish and/or substantially improve provided that the use is limited in
25 density, intensity, floor area, and to the type of use that existed on January 4, 1996.
26 E
27 Comprehensive Plan Objective 101.8 requires the County to reduce or eliminate the frequency of
28 uses which are inconsistent with the land development regulations, zoning districts, Future Land E
29 Use categories and the Future Land Use Map, while recognizing that some nonconforming uses
30 are important part of the community character. Policy 101.8.4 currently requires substantially
31 damaged structures to come into conformance with the permitted uses of the FLUM and Zoning
32 categories. 0
33
34 Policy 101.8.4
35 With the exception of nonconforming uses located in the Mixed Use/Commercialri
36 Fishing Future Land Use category or within a Community Center Overlay,if a structureLO
37 in which a nonconforming use is located is damaged or destroyed so as to require
38 substantial improvement, then the structure shall be repaired or restored only for
39 uses which conform to the provisions of the Future Land Use category and zoning
40 district in which it is located. Improvements to historic sites, and improvements to 00
41 meet health, sanitary or safety code specifications are not considered substantial
42 improvements.
00
43
44 The proposed amendment would allow the replacement of existing lawfully established residential
45 uses, not including mobile homes and not including transient uses, with the same type of dwelling
46 units and would not be considered a nonconforming use. The replacement dwelling unit would still
47 be required to comply with regulations set forth in the Land Development Code and Florida
48 Building Code.
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Q.2.a
I V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the ri
5 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
6
7 GOAL 101 2
8 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of a
9 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
10 M
11 Objective 101.1
12 Monroe County shall ensure that all development and redevelopment taking place within its
13 boundaries does not result in a reduction of the level-of-service requirements established and r_
14 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
15 plan amendments include an analysis of the availability of facilities and services or demonstrate 0
z
16 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
17
18 Objective 101.3
19 Monroe County shall regulate new residential development based upon the finite carrying
20 capacity of the natural and man-made systems and the growth capacity while maintaining a
21 maximum hurricane evacuation clearance time of 24 hours.
22 E
23 Objective 101.8 r_
24 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
25 applicable provisions of the land development regulations, zoning districts, Future Land Use
26 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an E
27 important part of the community character and the County desires to maintain such character and
28 protect these lawfully established,nonconforming uses and allow them to be repaired or replaced. E
29 [§163.3177 (6)a.2.e.]
30
31 B. The amendment is consistent with the Principles for Guiding Development for the Florida
32 Keys Area, Section 380.0552(7), Florida Statutes. 0
33
34 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan 17
35 with the principles for guiding development and any amendments to the principles,the principles ri
36 shall be construed as a whole and no specific provision shall be construed or applied in isolation LOi
37 from the other provisions.
38
39 (a) Strengthening local government capabilities for managing land use and development so that 0
40 local government is able to achieve these objectives without continuing the area of critical 00i
41 state concern designation.
42 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, 00
43 seagrass beds, wetlands, fish and wildlife, and their habitat.
44 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
45 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
E
46 beaches, wildlife, and their habitat.
47 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
48 economic development.
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I (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
2 Keys.
3 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
4 environment, and ensuring that development is compatible with the unique historic character
5 of the Florida Keys.
6 (g) Protecting the historical heritage of the Florida Keys.
7 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
8 proposed major public investments, including: 0
9
10 1. The Florida Keys Aqueduct and water supply facilities; M
11 2. Sewage collection, treatment, and disposal facilities;
12 3. Solid waste treatment, collection, and disposal facilities; E
13 4. Key West Naval Air Station and other military facilities; 0
14 5. Transportation facilities; 0
15 6. Federal parks, wildlife refuges, and marine sanctuaries; 0
16 7. State parks, recreation facilities, aquatic preserves, and other publicly owned z
17 properties;
18 8. City electric service and the Florida Keys Electric Co-op; and
19 9. Other utilities, as appropriate. U)
20
21 (i) Protecting and improving water quality by providing for the construction, operation,
22 maintenance, and replacement of stormwater management facilities; central sewage
23 collection; treatment and disposal facilities; and the installation and proper operation and
24 maintenance of onsite sewage treatment and disposal systems.
25 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
26 operation of wastewater management facilities that meet the requirements of ss. E
27 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
28 central wastewater treatment facilities through permit allocation systems. E
29 (k) Limiting the adverse impacts of public investments on the environmental resources of the
30 Florida Keys.
31 (1) Making available adequate affordable housing for all sectors of the population of the Florida
32 Keys. 0
33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event
34 of a natural or manmade disaster and for a postdisaster reconstruction plan. 17
35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and �
36 maintaining the Florida Keys as a unique Florida resource. LO
37 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent W�
38 with the Principles for Guiding Development as a whole and is not inconsistent with any
39 Principle.
40 ®o
41 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
42 (F.S.). Specifically, the amendment furthers:
00
43
44 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
45 and enhance present advantages; encourage the most appropriate use of land, water, and a
46 resources, consistent with the public interest; overcome present handicaps; and deal
47 effectively with future problems that may result from the use and development of land within
48 their jurisdictions. Through the process of comprehensive planning, it is intended that units
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I of local government can preserve, promote, protect, and improve the public health, safety,
2 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
3 general welfare; facilitate the adequate and efficient provision of transportation, water,
4 sewerage, schools, parks, recreational facilities, housing, and other requirements and
5 services; and conserve, develop, utilize, and protect natural resources within their Iq
6 jurisdictions.
7
8 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 0
9 legal status set out in this act and that no public or private development shall be permitted
10 except in conformity with comprehensive plans, or elements or portions thereof, prepared M
11 and adopted in conformity with this act.
12 E
13 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
14 and strategies for the orderly and balanced future economic, social,physical, environmental,
15 and fiscal development of the area that reflects community commitments to implement the 0
16 plan and its elements. These principles and strategies shall guide future decisions in a z
17 consistent manner and shall contain programs and activities to ensure comprehensive plans
18 are implemented. The sections of the comprehensive plan containing the principles and
19 strategies, generally provided as goals, objectives, and policies, shall describe how the local
20 government's programs, activities, and land development regulations will be initiated,
21 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
22 the intent of this part to require the inclusion of implementing regulations in the
23 comprehensive plan but rather to require identification of those programs, activities, and land
24 development regulations that will be part of the strategy for implementing the comprehensive
25 plan and the principles that describe how the programs, activities, and land development
26 regulations will be carried out. The plan shall establish meaningful and predictable standards
27 for the use and development of land and provide meaningful guidelines for the content of
28 more detailed land development and use regulations. E
29
30 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
31 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
32 shall be implemented, in part, by the adoption and enforcement of appropriate local 0
33 regulations on the development of lands and waters within an area. It is the intent of this act
34 that the adoption and enforcement by a governing body of regulations for the development
35 of land or the adoption and enforcement by a governing body of a land development code for
36 an area shall be based on, be related to, and be a means of implementation for an adopted LO
37 comprehensive plan as required by this act.
38 i
39 VI. PROCESS
40 co 1
41 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
42 Planning Commission, the Director of Planning, or the owner or other person having a contractual 00
43 interest in property to be affected by a proposed amendment. The Director of Planning shall review
44 and process applications as they are received and pass them onto the Development Review
45 Committee and the Planning Commission.
46
47 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
48 review the application, the reports and recommendations of the Department of Planning &
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I Environmental Resources and the Development Review Committee and the testimony given at the
2 public hearing. The Planning Commission shall submit its recommendations and findings to the
3 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
4 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
5 recommendation, and the testimony given at the public hearing. The BOCC may or may not Iq
6 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
7 Land Planning Agency, which then reviews the proposal and issues an Objections,
8 Recommendations and Comments (ORC)Report. Upon receipt of the ORC report,the County has 0
9 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 0
10 amendment. M
11 �
12 VII. STAFF RECOMMENDATION E
13 0
14 Staff recommends approval of the proposed amendment. E
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2
s MONROE COUNTY, FLORIDA IIDA
q BOARD OF COUNTY T COMMISSIONERS �
1() RESOLUTION NO. - 2 19 M
11
12
13 A RESOLUTIONY THE MONROE COUNTY BOARD O
COUNTY COMMISSIONERS, TRANSMITTING TO THE T TL
15 LAND PLANNING AGENCY AN ORDINANCE THE MONROE
16 COUNTY BOARD OF COUNTY' COMMISSIONERS AMENDING
17 POLICY Y 101.5.29 OF THE MONROE COUNTY 2030
1g COMPREHENSIVE PLAN TO ALLOW EXISTING LAWFULLY
19 ESTABLISHED RESIDENTIAL DWELLING LIMITS, OTHER
�
20 THAN MOBILE ILL' HOMES, TO BE CONSIDERED CONFORMING
LORMIN
21 USES REGARDLESS OF FUTURE LAND USE CATEGORY; �
22 PROVIDING FOR SEVE ILI'I Y; PROVIDING ING FOR REPEAL
2 CONFLICTING PROVISIONS; PROVIDING LCII
24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY �
25 AND THE SECRETARY OF STATE; PROVIDING FOR
26 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE SIVE E
27 PLAN; PROVIDING G FOR AN EFFECTIVE DATE.
21
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 FL
31 Process in Sec. 163.31 4(4), F'.S., to the State Land Planning Agency fbr objections,
32 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 0
33 1.63.3184(l)(c), F.S., for reviewand 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 U)
.39, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
Y
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
IDA:
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. ..............LL 2014 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
49 163.31 84(4), Florida Statutes.,
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50 Iq
It-
51 Section 3. The Monroe County staff is given authority to prepare and submit the required Q
It-
52 transmittal letter and supporting documents for the proposed amendment in >%
.2
53 accordance with the requirements of Section 163.3184(4), Florida Statutes. 0
54 (L
0
55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this n
56 resolution to the Director of Planning,
57 E
58 PASSED AlD ADOPTED by the Board of County Commissioners of Monroe County,
59 Florida, at a regular meeting of the Board held on the day of 2019. 0
60
0
61 Mayor Sylvia Murphy z
62 Mayor Pro Tem Danny L. Kolhage
63 Commissioner Heather Carruthers
64 Commissioner Michelle Coldiron U)
65 Commissioner David Rice
66
67 BOARD OF COUNTY COMMISSION`,RS
E
68 OF MONROE COUNTY, FLORIDA U)
69
70 BY
71 MAYOR SYLVIA MURPHY E
72 (SEAL)
73) E
74 ATTEST: EVI MADOK, CLERK TTMNEY
75
76 DEPUTY CLERK
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0
NEY
Rig 0
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4 kr � 0
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6 ;
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS E
9 ORDINANCE NO. -2019 0
10 0
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING POLICY 101.5.29 OF z
13 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO 2
14 ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL a
15 DWELLING UNITS, OTHER THAN MOBILE HOMES, TO BE
16 CONSIDERED CONFORMING USES REGARDLESS OF FUTURE
e
17 LAND USE DISTRICT; PROVIDING FOR SEVERABILITY;
18 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
19 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
20 PLANNING AGENCY AND THE SECRETARY OF STATE;
21 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
22 COMPREHENSIVE PLAN; 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(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to E
29 provide for public participation; and to
30
31 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee
32 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and
E
33
i
34 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
35 Comprehensive Plan, to amend Policy 101.5.29 to allow existing lawfully established residential
36 dwelling units, other than mobile homes, to be considered conforming uses regardless of Future 0
37 Land Use category; and
38
39 WHEREAS,the Monroe County Planning Commission held a public hearing on February E
40 27, 2019, for review and recommendation on the proposed amendment; and
41i
42 WHEREAS, the Planning Commission was presented with the following documents and
0
43 other information relevant to the request, which by reference is hereby incorporated as part of the
44 record of said hearing: W
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as
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I 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,
as
6 Planning Commission Counsel; and U)
7
8 WHEREAS, based upon the information and documentation submitted, the Planning E
9 Commission made the following Findings of Fact and Conclusions of Law: 0
10 0
11 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Comprehensive Plan; and z
13 2. The proposed amendment is consistent with the 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; and
16
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P06-19
18 recommending approval of the proposed amendment; and
19
20 WHEREAS, at a regular meeting held on the 22nd day of May 2019, the Monroe County
21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
as
22 text amendment, considered the staff report and provided for public comment and public E
23 participation in accordance with the requirements of state law and the procedures adopted for a
24 public participation in the planning process; and <
25
26 WHEREAS, at the May 22, 2019, public hearing, the BOCC adopted Resolution - CL
27 201 transmittal of the proposed text amendment to the State Land Planning 0
28 Agency; and to
as
29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recommendations and Comments ORC report, received b the Count on E
(ORC) p y y 0
32 ; and
33
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34 WHEREAS, the ORC report ; and U)
35 i
36 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
37 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
38
39 WHEREAS, at a regularly scheduled meeting on the th day of , 201, the BOCC 0�
40 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; <�
41
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Q.2.c
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
4 as follows (Deletions are shown stricken through; additions are shown underlined): 0
5
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6 Policy 101.5.29
7 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon S
8 which a lawfully established residential dwelling unit exists shall be entitled to a L_
9 density of one dwelling unit per each recognized lawfully established unit. Such r_
10 lawfully-established dwelling unit(s) shall not be considered as nonconforming as-
11 to the density provisions of Policy 101.5.25 and the Monroe County Land z
12 Development Code. Notwithstanding the nonconforming use provisions of Policy S
13 101.8.4, existing lawfully established residential uses,not including mobile homes,
14 and not including transient uses, shall be entitled to repair and/or replace such
15 dwelling units with the same type of dwelling unit and shall not be considered a
16 nonconforming use(s).
17
18 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or E
19 provision of this ordinance is held invalid, the remainder of this ordinance shall not
20 be affected by such validity.
21 E
22 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
23 conflict with this ordinance are hereby repealed to the extent of said conflict. E
24
25 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
26 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. E
27 to
28 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
29 Secretary of the State of Florida but shall not become effective until a notice is
30 issued by the State Land Planning Agency or Administration Commission finding E
31 the amendment in compliance with Chapter 163, Florida Statutes and after any i
32 applicable challenges have been resolved.
33 0
34 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
35 in the Monroe County Comprehensive Plan. The numbering of the foregoing
36 amendment may be renumbered to conform to the numbering in the Monroe County E
37 Comprehensive Plan.
38
39 Mayor Sylvia Murphy
40 Mayor Pro Tem Danny L. Kolhage
41 Commissioner Heather Carruthers
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1 Commissioner Michelle Coldiron
2 Commissioner David Rice
3
4 BOARD OF COUNTY COMMISSIONERS
5 OF MONROE COUNTY, FLORIDA
as
6
7 BY
8 MAYOR SYLVIA MURPHY
9 (SEAL) 0
10 0
11 ATTEST: KEVIN MADOK, CLERK 0
12 z
13
14 DEPUTY CLERK
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