Item Q3 Q.3
t, 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: Q.3
Agenda Item Summary #5515
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
101.9.4 of the Monroe County Year 2030 Comprehensive Plan to allow residential dwelling units
with lawfully nonconforming open space to redevelop at the previously approved open space ratio in
cases where compliance with current open space regulations would result in a reduction in lot
coverage.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the 2030 Comprehensive Plan to amend Policy 101.9.4 to allow for repair and replacement of single-
family homes that are nonconforming to open space requirements.
Monroe County's current adopted Comprehensive Plan has an existing policy that allows for the
substantial improvement of reconstruction of nonconforming single-family homes that are
nonconforming to setback requirements set forth in Chapter 130 where strict compliance would
result in a reduction of lot coverage as compared to the pre-destruction footprint of the house. Policy
101.9.4 allows the reduction in setback, provided the maximum shorelines setback is maintained and
no less than ten (10) feet from the Mean High Water Line (MHWL).
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 in the pre-
destruction footprint of the house because the property is nonconforming to open space provisions
set forth in Chapter 131. In some cases, compliance with open space would mean the reduction in
size of the single-family residence and/or removal of previously approved accessory structures.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
text amendment 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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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 P08-19 and provided for public
comment.
Proposed Amendment(deletions are stricken through; additions are shown in underlined):
Policy 101.9.4
With the following exception, nonconforming structures which are damaged or destroyed so as to
require substantial improvement shall be repaired or restored in conformance with all applicable
provisions of the current Monroe County Code.
Substantial improvement or reconstruction of nonconforming single-family homes shall comply with
the setback and open space provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of
the Monroe County Land Development Code except where strict compliance would result in a
reduction in lot coverage as compared to the pre-destruction footprint of the house. In such cases, the
previously approved open space ratio shall be applied; and the maximum shoreline setback shall be
maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high
water.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
DOCUMENTATION:
2018-211 BOCC SR 05.22.19
Transmittal_Reso
Ex.A to transmittal reso-Draft Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Q.3
Total Dollar Value of Contract:
Total Cost to County:
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 10:37 AM
Steve Williams Completed 05/01/2019 11:39 AM
Maureen Proffitt Completed 05/01/2019 1:19 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 10:40 AM
Budget and Finance Completed 05/03/2019 12:30 PM
Maria Slavik Completed 05/03/2019 1:07 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
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
�s
9 To: Monroe County Board of County Commissioners 0
10 CD
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental M
CL
12 Resources W
13
CL
14 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 0
15
16 Date: May 7, 2019 E
17 0
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy 0
19 101.9.4 of the 2030 Monroe County Comprehensive Plan to allow for repair and 0
20 replacement of single-family homes that are nonconforming to open space requirements.
21 (File 42018-211)
22
23 Meeting: May 22, 2019
24
25 I. REQUEST
26 E
27 The Monroe County Planning & Environmental Resources Department is proposing amendments <
28 to the 2030 Comprehensive Plan to amend Policy 101.9.4 to allow for repair and replacement of .
29 single-family homes that are nonconforming to open space requirements. CL
30 0
31 II. BACKGROUND INFORMATION
32 CD
33 Monroe County's current adopted Comprehensive Plan has an existing policy that allows for the
34 substantial improvement or reconstruction of nonconforming single-family homes that are
35 nonconforming to setback requirements set forth in Chapter 131 of the Land Development Code W�
36 where strict compliance would result in a reduction of lot coverage as compared to the pre- U)i
37 destruction footprint of the house. Policy 101.9.4 allows a reduction in setbacks, provided the U
38 maximum shoreline setback is maintained and no less than ten(10)feet from the Mean High Water Mi
39 Line (MHWL).
40 Go
41 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has CD
CD
42 come to the attention of staff that some property owners are prevented from rebuilding in the pre- N
43 destruction footprint of the house because the property is nonconforming to open space provisions a
44 set forth in Chapter 130. In some cases, compliance with open space would mean the reduction in
45 size of the lawfully established single-family residence.
46
47
48
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I Community Meeting and Public Participation
2 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
3 Plan text amendment was held on November 27, 2018 in Marathon and provided for public input.
4 There were five members of the public in attendance who posed general questions about the
5 timeframe of implementation and who would benefit from the proposed of the proposed text
6 amendment.
7
8 Development Review Committee and Public Input
9 The Development Review Committee considered the proposed amendment at a regular meeting .2
10 on January 15, 2019 and received public input.
11
c�
12 Planning Commission and Public Input
13 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended
14 approval of the proposed text amendment through PC Resolution P0849 and provided for public 0
15 comment. 0
16
17 The subject of this staff report is the amendment to the Comprehensive Plan.
18 0
c�
19 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
20
21 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined):
22
23 *****
24 Policy 101.9.4
25 With the following exception, nonconforming structures which are damaged or destroyed so as to
26 require substantial improvement shall be repaired or restored in conformance with all applicable
E
27 provisions of the current Monroe County Code.
28
29 Substantial improvement or reconstruction of nonconforming single-family homes shall comply
30 with the setback and open space provisions set forth in Policy 101.5.25 and in Chapters 130 and E
31 131 of the Monroe County Land Development Code except where strict compliance would result �?
32 in a reduction in lot coverage as compared to the pre-destruction footprint of the house. In such
33 cases, the previously approved open space ratio shall be applied; and the maximum shoreline
34 setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet LO
35 from mean high water.
36
i
37 *****
38
39 IV. ANALYSIS OF PROPOSED AMENDMENT
40
41 The following definitions are provided in the Glossary of the Comprehensive Plan:
42 • Nonconforming Structure, as used in the Comprehensive Plan and LDC,means a structure N
43 which does not conform to a current provision or regulation provided in the
44 Comprehensive Plan and/or LDC.
45 • Nonconforming Structure, Lawful, as used in the Comprehensive Plan and LDC, means a
46 structure which does not conform to a current provision or regulation provided in the
47 Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully,
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I prior to the effective date of the ordinance adopting the current provision or regulation
2 that rendered the structure nonconforming.
3 • Open Space means (in relation to open space ratio calculations) that portion of any parcel
4 or area of land or water that is required to be maintained such that the area within its
5 boundaries is open and unobstructed from the ground to the sky. (This definition is not '
6 intended to exclude vegetation).
7
8 Monroe County's current adopted Comprehensive Plan and Land Development Code have .2
9 regulations that allow for the substantial improvement or reconstruction of nonconforming single- a.
10 family homes that are nonconforming to setback requirements where strict compliance would
c�
11 result in a reduction of lot coverage as compared to the pre-destruction footprint of the house.
12 Comprehensive Plan Policy 101.9.4 and LDC Section 102-57(e)(2)c., allow a reduction in
13 setbacks, provided the maximum shoreline setback is maintained and no less than ten (10) feet 0
14 from the Mean High Water Line (MHWL); however, there is no similar mechanism for single-
15 family homes that are nonconforming to open space. E
16
17 Setbacks and open space requirements are inherently intertwined, but not mutually exclusive. 0
18 Setbacks and open space provide areas on a parcel that are to remain unobstructed from the ground
19 upward/to the sky. Required setbacks and open space enhance aesthetics, provide massing and z
20 bulk control related to light and shading, protect native habitat, and provide open areas for the
21 movement and safety of the human population utilizing the development. However,in some future
22 land use map categories and associated zoning(land use)districts,the open space requirements are U)
23 much greater than any applicable setback requirements.
24
25 During the 2016 update to the Land Development Code and Comprehensive Plan the open space
26 requirement was increased in at least one future land use map category and land use (zoning)
27 district. The Land Development Code and Comprehensive Plan were not updated to allow lawfully
28 established single family residences the same flexibility with nonconforming single-family homes
29 to open space, as provided for setbacks. E
30 U
31 Comprehensive Plan Objective 101.9 requires the County to reduce or eliminate the frequency of M
32 structures which are inconsistent with the land development regulations, zoning districts, Future
33 Land Use categories and the Future Land Use Map, while recognizing that some nonconforming
34 structures are an important part of the community character. The proposed amendment would allow
35 for substantial improvement of single-family homes that are nonconforming to open space
36 requirements, to utilize the previously approved open space ratio while maintaining the maximum
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37 shoreline setback.
38 co i
Ir-
39 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE c,
00
40 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
41 C14
42 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
43 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: E
44
45 GOAL 101
46 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
47 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
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1
2 Objective 101.1
3 Monroe County shall ensure that all development and redevelopment taking place within its
4 boundaries does not result in a reduction of the level-of-service requirements established and
5 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
6 plan amendments include an analysis of the availability of facilities and services or demonstrate
7 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
8
9 Objective 101.9 .2
10 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent
11 with the applicable provisions of the land development regulations, zoning districts, Future
12 Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming
13 structures are an important part of the community character and the County desires to maintain
14 such character and protect these lawfully established, nonconforming structures and allow them 0
15 to be repaired or replaced. [§163.3177(6)(a)2.e., F.S.]
16 E
17 B. The amendment is consistent with the Principles for Guiding Development for the Florida 2
18 Keys Area, Section 380.0552(7), Florida Statutes. 0
19
20 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan z
21 with the principles for guiding development and any amendments to the principles,the principles
22 shall be construed as a whole and no specific provision shall be construed or applied in isolation
23 from the other provisions. U)
24
25 (a) Strengthening local government capabilities for managing land use and development so that a
26 local government is able to achieve these objectives without continuing the area of critical
27 state concern designation.
28 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
29 seagrass beds, wetlands, fish and wildlife, and their habitat.
30 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
31 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and U
32 beaches, wildlife, and their habitat. C)
33 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
34 economic development. Ls
35 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
36 Keys.
i
37 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
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38 environment, and ensuring that development is compatible with the unique historic character
39 of the Florida Keys.
40 (g) Protecting the historical heritage of the Florida Keys. 00
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41 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
42 proposed major public investments, including:
43
44 1. The Florida Keys Aqueduct and water supply facilities;
45 2. Sewage collection, treatment, and disposal facilities;
46 3. Solid waste treatment, collection, and disposal facilities;
47 4. Key West Naval Air Station and other military facilities;
48 5. Transportation facilities;
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1 6. Federal parks, wildlife refuges, and marine sanctuaries;
2 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
3 properties;
4 8. City electric service and the Florida Keys Electric Co-op; and
5 9. Other utilities, as appropriate.
6
7 (i) Protecting and improving water quality by providing for the construction, operation,
8 maintenance, and replacement of stormwater management facilities; central sewage
9 collection; treatment and disposal facilities; and the installation and proper operation and .2
10 maintenance of onsite sewage treatment and disposal systems.
11 0) Ensuring the improvement of nearshore water quality by requiring the construction and
12 operation of wastewater management facilities that meet the requirements of ss.
13 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
14 central wastewater treatment facilities through permit allocation systems. 0
15 (k) Limiting the adverse impacts of public investments on the environmental resources of the
16 Florida Keys. E
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida 2
18 Keys. 0
19 (m)Providing adequate alternatives for the protection of public safety and welfare in the event
20 of a natural or manmade disaster and for a postdisaster reconstruction plan. z
21 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
22 maintaining the Florida Keys as a unique Florida resource.
23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent U)
24 with the Principles for Guiding Development as a whole and is not inconsistent with any
25 Principle.
26
27 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
28 (F.S.). Specifically, the amendment furthers:
29 a.
0.
30 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
31 and enhance present advantages; encourage the most appropriate use of land, water, and U
32 resources, consistent with the public interest; overcome present handicaps; and deal C)
33 effectively with future problems that may result from the use and development of land within
34 their jurisdictions. Through the process of comprehensive planning, it is intended that units LO
35 of local government can preserve, promote, protect, and improve the public health, safety,
36 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
37 general welfare; facilitate the adequate and efficient provision of transportation, water,
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38 sewerage, schools, parks, recreational facilities, housing, and other requirements and
39 services; and conserve, develop, utilize, and protect natural resources within their
40 jurisdictions. v
4100
42 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
43 legal status set out in this act and that no public or private development shall be permitted a
44 except in conformity with comprehensive plans, or elements or portions thereof, prepared E
45 and adopted in conformity with this act.
46
47 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
48 and strategies for the orderly and balanced future economic, social,physical, environmental,
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I and fiscal development of the area that reflects community commitments to implement the
2 plan and its elements. These principles and strategies shall guide future decisions in a
3 consistent manner and shall contain programs and activities to ensure comprehensive plans
4 are implemented. The sections of the comprehensive plan containing the principles and
5 strategies, generally provided as goals, objectives, and policies, shall describe how the local
6 government's programs, activities, and land development regulations will be initiated,
7 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
8 the intent of this part to require the inclusion of implementing regulations in the
9 comprehensive plan but rather to require identification of those programs, activities, and land .2
10 development regulations that will be part of the strategy for implementing the comprehensive
11 plan and the principles that describe how the programs, activities, and land development
12 regulations will be carried out. The plan shall establish meaningful and predictable standards
13 for the use and development of land and provide meaningful guidelines for the content of
14 more detailed land development and use regulations. 0
15
16 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory E
17 authority. It is the intent of this act that adopted comprehensive plans or elements thereof 2
18 shall be implemented, in part, by the adoption and enforcement of appropriate local 0
19 regulations on the development of lands and waters within an area. It is the intent of this act
20 that the adoption and enforcement by a governing body of regulations for the development z
21 of land or the adoption and enforcement by a governing body of a land development code for
22 an area shall be based on, be related to, and be a means of implementation for an adopted
23 comprehensive plan as required by this act. U)
24
25 VI. PROCESS
26
27 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
28 Planning Commission, the Director of Planning, or the owner or other person having a contractual
29 interest in property to be affected by a proposed amendment. The Director of Planning shall review
30 and process applications as they are received and pass them onto the Development Review E
31 Committee and the Planning Commission. �?
32
33 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
34 review the application, the reports and recommendations of the Department of Planning & LO
35 Environmental Resources and the Development Review Committee and the testimony given at the
36 public hearing. The Planning Commission shall submit its recommendations and findings to the
37 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
38 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 0
39 recommendation, and the testimony given at the public hearing. The BOCC may or may not
40 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
00
41 Land Planning Agency, which then reviews the proposal and issues an Objections,
42 Recommendations and Comments (ORC)Report. Upon receipt of the ORC report, the County has
43 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
44 amendment. E
45
46 VIL STAFF RECOMMENDATION
47
48 Staff recommends approval of the proposed amendment.
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2
6 r ,
7
8 MONROE COUNTY, FLORIDA
9 BOARD O COUNTY COMMISSIONERS 2
10 RESOLUTION NO. - 2019
11 �
12
1 A RESOLUTION BY THE IM4ONR E COUNTY TY O I OF
14 COUNTY COMMISSIONERS TRANSMITTING T' THE STATE �
15 LAND PLANNING AGENCY AN ORDINANCE ANCE Y THE MONROE
16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
17 POLICY 101> ,4 OF THE 2030 MONROE COUNTY
1.8 COMPREHENSIVE PLAN TO ALLOW RESIDENTIAL
19 DWELLING UNITS WITH LAWFULLY NONCONFORMING
24 OPEN SPACE TO REDEVELOP ELOP T THE PREVIOUSLY
21 APPROVED OPEN SPACE RATIO IN CASES WHERE
22 COMPLIANCE WITH URRE T OPEN SPACE REGULATIONS
23 WOULD RESULT IN A REDUCTIONIN LOT COVERAGE;E; E
24 PROVIDING FOR SEVE ILfITY; PROVIDING FOR LiJPE L �
25 OF CONFLICTING 'R VISI I° S; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND PLANNING Ii GENCY
27 AND THE SECRETARY OF STATE; PROVIDING FOR
28 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
29 PLAN; PROVIDING FOR AN EFFECTIVE DATE. L
30 0.
31
32 WHEREAS, the Monroe County Board of County Commissioners conducted a public U
33 hearing for the purpose of considering; the transmittal pursuant to the State Coordinated Review
34 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, i
35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
36 163.3184(l)(c), F.S., for review and comment on a proposed amendment to the Monroe County
37 Year 2030 Comprehensive Plan as described above, and
38
19 WHEREAS, the Monroe County planning Commission and the Monroe County Board
40 of County Commissioners support the requested text amendment; �
41 ca
42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA.
IDA.
44
Resolution No. - 019 Page 1 of 2
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45 Section 11 The Board of County Commissioners does hereby adopt the recommendation of
46 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
47 for adoption of the proposed text amendment.
48
49 Section 2. The Board of County Commissioners does hereby transmit the proposed
50 amendment to the State Land Planning Agency for review and comment in
51 accordance with the State Coordinated Review process pursuant to Section
52 16 3.3 184(4), Florida Statutes.
53)
54 Section 3. The Monroe County staff is given authority to prepare and submit the required 0
(L
55 transmittal. letter and supporting documents for the proposed arnendinent in
56 accordance with the requirements of Section 163.31 84(4), Florida Statutes.
57 (n
58 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
59 resolution to the Director of Planning. 0
60
E
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, &M
0
62 Florida, at a regular meeting of the Board held on the day of 12019. r-
0
63
64 Mayor Sylvia Murphy 0
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65 Mayor Pro Tem Danny L. Kolhage
66 Commissioner Heather Carruthers
67 Commissioner Michelle Coldiron E
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68 Commissioner David Rice
69
70 BOARD OF COUNTY COMMISSIONERS
71 OF MONROE COUNTY, FLORIDA E
72
73) BY (L
74 MAYOR SYLVIA MURPHY 0.
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75 (SEAL) 0
76
0
77 ATTEST: KEVIN MD AOK, CLERK U)
78
ROE ATTORNC-Y 1�
79 DEPUTY CLERK COUNTY
ROVED A81 FOW:
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TSTE-f�'41 1, WLLO,�',-AS a
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ASSISTANT-P Y ATTORNEY UNT
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7 MONROE COUNTY, FLORIDACD
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2019
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING POLICY 101.9.4 OF
13 THE 2030 MONROE COUNTY COMPREHENSIVE PLAN TO &_
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14 ALLOW RESIDENTIAL DWELLING UNITS WITH LAWFULLY
15 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE r_
16 PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES z
17 WHERE COMPLIANCE WITH CURRENT OPEN SPACE
18 REGULATIONS WOULD RESULT IN A REDUCTION IN LOT
19 COVERAGE; PROVIDING FOR SEVERABILITY; PROVIDING
20 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
21 FOR TRANSMITTAL TO THE STATE LAND PLANNING
22 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
23 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE <
24 PLAN; PROVIDING FOR AN EFFECTIVE DATE. r_
25 CL
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26 E
27
28 WHEREAS, on November 27, 2018 a community meeting was held, as required by LDC
29 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
30 provide for public participation; and
31 0
32 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee
33 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and
34 0
35 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
36 Comprehensive Plan,to amend Policy 101.9.4 to allow for repair and replacement of single-family
37 homes that are nonconforming to open space requirements; and
38
39 WHEREAS,the Monroe County Planning Commission held a public hearing on February
40 27, 2019, for review and recommendation on the proposed amendment; and 0�
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: as
E
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I 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
2 February 12, 2019; "It
3 2. Sworn testimony of Monroe County Planning & Environmental Resources T-
4 Department staff, and
5 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
6 Planning Commission Counsel; and 0.
CD
8 WHEREAS, based upon the information and documentation submitted, the Planning CL
9 Commission made the following Findings of Fact and Conclusions of Law:
10
11 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Comprehensive Plan; and
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 0
15 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and r-
16 z
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17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P08-19
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
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
24 public participation in the planning process; and CL
CL
25 E
26 WHEREAS, at the May 22, 2019, public hearing, the BOCC adopted Resolution - U
27 201, transmittal of the proposed text amendment to the State Land Planning
28 Agency; and
29
E
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 0i
31 Objections, Recommendations and Comments (ORC) report, received by the County on
32 ; and 0
e
33 a
34 WHEREAS, the ORC report ; and
35
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 0i
38
39 WHEREAS, at a regularly scheduled meeting on the fn day of , 201, the BOCC >�
40 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
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41 E
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I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: "It
3
4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
5 as follows (Deletions are shown stricken through; additions are shown underlined): 0
6 CD
7 Policy 101.9.4
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8 With the following exception, nonconforming structures which are damaged or r_
9 destroyed so as to require substantial improvement shall be repaired or restored in CL
10 conformance with all applicable provisions of the current Monroe County Code.
11
12 Substantial improvement or reconstruction of nonconforming single-family homes L_
13 shall comply with the setback and open space provisions set forth in Policy 101.5.25
14 and in Chapters 130 and 131 of the Monroe County Land Development Code except r_
15 where strict compliance would result in a reduction in lot coverage as compared to z
16 the pre-destruction footprint of the house. In such cases, the previously approved
17 open space ratio shall be aplied; and the maximum shoreline setback shall be
18 maintained and in no event shall the shoreline setback be less than ten (10) feet U)
19 from mean high water.
20
21 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
22 provision of this ordinance is held invalid, the remainder of this ordinance shall not
23 be affected by such validity.
24
25 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in E
26 conflict with this ordinance are hereby repealed to the extent of said conflict. to
27 as
28 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
29 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. E
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30
31 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
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32 Secretary of the State of Florida but shall not become effective until a notice is
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33 issued by the State Land Planning Agency or Administration Commission finding i
34 the amendment in compliance with Chapter 163, Florida Statutes and after any
35 applicable challenges have been resolved.
36
37 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 0�
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing .�
39 amendment may be renumbered to conform to the numbering in the Monroe County W
40 Comprehensive Plan.
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I Mayor Sylvia Murphy
2 Mayor Pro Tem Danny L. Kolhage
3 Commissioner Heather Carruthers T-
4 Commissioner Michelle Coldiron
5 Commissioner David Rice
6 0.
7 BOARD OF COUNTY COMMISSIONERSCD
8 OF MONROE COUNTY, FLORIDA
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10 BY
11 MAYOR SYLVIA MURPHY
12 (SEAL)
13 L-
14 ATTEST: KEVIN MADOK, CLERK 0
15
16 e
17 DEPUTY CLERK
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Ord. -2019 Page 4 of 4
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