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Resolution 154-2019 1 2 „eiri;c'ta 3 • 4 7 8 MONROE COUNTY, FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. 154 —2019 11 12 13 A RESOLUTION BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE 15 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE 16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING 17 POLICY 101.9.4 OF THE 2030 MONROE COUNTY 18 COMPREHENSIVE PLAN TO ALLOW RESIDENTIAL 19 DWELLING UNITS WITH LAWFULLY NONCONFORMING 20 OPEN SPACE TO REDEVELOP AT THE PREVIOUSLY 21 APPROVED OPEN SPACE RATIO IN CASES WHERE 22 COMPLIANCE WITH CURRENT OPEN SPACE REGULATIONS 23 WOULD RESULT IN A REDUCTION IN LOT COVERAGE; 24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 25 OF CONFLICTING PROVISIONS; PROVIDING FOR 26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 27 AND THE SECRETARY OF STATE; PROVIDING FOR 28 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 29 PLAN; PROVIDING FOR AN EFFECTIVE DATE. 30 31 32 WHEREAS, the Monroe County Board of County Commissioners conducted a public 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, 35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 36 163.3184(1)(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 39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 40 of County Commissioners support the requested text amendment; 41 42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 43 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 44 Resolution No. 154 — 2019 Page 1 of 2 File 2018-211 i d+ 45 Section 1. 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 52 163.3184(4), Florida Statutes. 53 54 Section 3. The Monroe County staff is given authority to prepare and submit the required 55 transmittal letter and supporting documents for the proposed amendment in 56 accordance with the requirements of Section 163.3184(4), Florida Statutes. 57 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. 60 61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 62 Florida, at a regular meeting of the Board held on the 22nd day of May , 2019. 63 64 Mayor Sylvia Murphy Yes 65 Mayor Pro Tern Danny L. Kolhage Yes 66 Commissioner Heather Carruthers Absent 67 Commissioner Michelle Coldiron Yes 68 Commissioner David Rice Yes 69 70 tiNz�•1; ��. BOARD OF COUNTY COMMISSIONERS 71 ',,, i j OF MONROE v ii UN LORIDA 73 Awh_ @ BY �: 74 MAY R S LVIA MURPHY o 75 53`-,'- e' if� F 76 '',. 77 AT i • 'iyVIN MA P OK, CLERK 78 / / 4- 79 DEPUTY CLERK of OE COUNTY ATTORNEY ROVED AS FOF H: x� I i sINI ~� AESIETANt GUMi.!Y ATTORNEY f;�te / f 1 2C Resolution No. 154 - 2019 Page 2 of 2 File 2018-211 Exhibit A 1 2 3 - _ a 4 r I 6 7 MONROE COUNTY, FLORIDA 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 14 ALLOW RESIDENTIAL DWELLING UNITS WITH LAWFULLY 15 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE 16 PREVIOUSLY APPROVED OPEN SPACE RATIO, IN CASES 17 WHERE COMPLIANCE WITH CURRENT OPEN 'SPACE 18 REGULATIONS WOULD RESULT 'IN A: REDUCTION IN' LOT 19 COVERAGE; PROVI-DING 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.' 25 , 26 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'forpublic participation; and 31 32 WHEREAS, on January,15, 2019,the Monroe County Development Review Committee 33 (DRC) reviewed;tle.proposed amendment at a regularly scheduled meeting; and 34 ,, 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 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: Ord. -2019 Page 1 of 4 File#2018-211 1 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated 2 February 12, 2019; 3 2. Sworn testimony of Monroe County Planning&Environmental Resources 4 Department staff; and 5 3. Advice and counsel of Steve Williams,Assistant County Attorney, and John Wolfe, 6 Planning Commission Counsel; and 7 8 WHEREAS, based upon the information and documentation submitted, the Planning 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, acid 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. P08-19 18 recommending approval of the proposed amendment; and • 19 = _ 20 WHEREAS, at a regular meeting.held on the 22°d 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 forpublic comment and public • 23 participation in accordance--with-the requirements of state law and'the procedures adopted for 24 public participation in the planning process, and'; 25 26 WHEREAS, at the,May,,22, 2019, public..hearing, the BOCC adopted Resolution - 27 201 ;;';';• transmittal of the propose. text amendment to the State Land Planning 28 Agency; and 29 30 WHEREAS, the State,Land Planning Agency reviewed the amendment and issued an 31 Objections, Recommendations, -and Comments (ORC) report, received by the County on 32 ;;and 33 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 38 39 WHEREAS,at a regularly scheduled meeting on the_th day of ,201_,the BOCC 40 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 41 Ord. -2019 Page 2 of 4 File#2018-211 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 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): 6 7 Policy 101.9.4 8 With the following exception, nonconforming structures which are damaged or 9 destroyed so as to require substantial improvenient,shall be repaired or restored in 10 conformance with all applicable provisions of the current Monroe County Code. 11 12 Substantial improvement or reconstruction:`of nonconforming single-family homes 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 theMonroe County Land Development Code except 15 where strict compliance wouldresult in a reduction in lot coverage as compared to 16 the pre-destruction footprint of the house. In such cases, the previously approved 17 open space ratio shall be applied;"and,the,;maximum shoreline:setback shall be 18 maintained and in no event shall the shoreline setback be less than ten (10) feet 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 ar 25 Section 3. Repealof-Inconsistent Provisions. All ordinances or parts of ordinances in 26 - " conflict with this'ordinarce are hereby repealed to the extent of said conflict. 27 28 Section 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. 30 31 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 32 Secretar'y.,of the State of Florida but shall not become effective until a notice is 33 issued by the,State Land Planning Agency or Administration Commission finding 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 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 40 Comprehensive Plan. 41 Ord. -2019 Page 3 of 4 File#2018-211 1 Mayor Sylvia Murphy 2 Mayor Pro Tern Danny L. Kolhage 3 Commissioner Heather Carruthers 4 Commissioner Michelle Coldiron 5 Commissioner David Rice 6 7 BOARD OF COUNTY COMMISSIONERS 8 OF MONROE COUNTY, FLORIDA 9 10 BY ' '' 11 MAYOR SYLVIA MURPHY 12 (SEAL) 13 14 ATTEST: KEVIN MADOK, CLERK 15 16 ^• 17 DEPUTY CLERK Ord. -2019 Page 4 of 4 File#2018-211 ,. .„,....„,,, _, 11 r.. , mz • _ , c ,...„...v„..,.:s., EN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P.:(305)292-7777 ext.219 F:(305)295-8025 legals©keysnews.com MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER KEY LA GORFL 33037VVY MONROE COUNTY Account: 138694 Ticket: 292241 BOARD OF COUNTY PUBLISHER'S AF COMMISSIONERS STATE OF FLORIDA NOTICE OF PUBLIC COUNTY OF MONROE MEETING AND Before the undersigned(- authority personally appeared NOTICE OF PUBLIC M1CAkL_ V(,who on oath says that he or she is HEARING 7061._.\ OAR of the Key West Citizen, a daily NOTICE OF CHANGE TO newspaper published in Key West, in Monroe County, Florida;that the attached COMPREHENSIVE PLAN copy of advertisment,being a legal notice in the matter of was published in said newspaper in the issues of: NOTICE OF CHANGE TO Sunday, May 5, 2019 LAND DEVELOPMENT Affiant further says that the Key West Citizen is a newspaper published in Key REGULATIONS West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication May 22, 201 9 of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, NOTICE IS HEREBY GIVEN that on Wednesday, May 22, 2019, the commission or refund for the of securing this advertisement for publica- Monroe County Board of County Commissioners will hold a Public ti 'n the sa' a ap Meeting at the Harvey Government Center, 1200 Truman Ave, Key West,Monroe County,Florida,to review and receive public comment for the following items: (Signature of Affiant 1.A RESOLUTION SETTING THE DATE,TIME,AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT Affi111:n• -ubs. lefore me this 6th day of May 2019 OF A PORTION OF THE RIGHT-OF-WAY OF GARDEN STATE LANE, AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES //� Ai). �� ` / SECTION THREE,PLAT BOOK 6,PAGE 61,BOUNDED ON THE NORTH IL i �./ / AND WEST BY BLOCK 8 LOTS 17 AND 18;BOUNDED ON THE EAST (N• T' . 'VtifWW. BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH BY GARDEN STATE LANE;SECTION 14,TOWNSHIP 61 SOUTH, RANGE —�ta/, / �-/ ;�������rq�pi 39 EAST,KEY LARGO,MONROE COUNTY,FLORIDA.(File#2018-231) (Notary Pu•Ilc Printed Name) (Notary. 'C PUBLIC HEARINGS: My commission expires 472959 i • 1/21 ,r 3:00 PM(or as soon thereafter as may be heard): ''m'��rrr pi;t��`,`, 1.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY go X 8 COMMISSIONERS AMENDING POLICY 101.5.25 OF THE 2030 Personally Known X Produced Identification_ _-a 3; C MONROE COUNTY COMPREHENSIVE PLAN TO ADDRESS DENSITY `c. ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM Type of Identification Produced (y (RM) FUTURE LAND USE MAP CATEGORY AND THE IMPROVED C = SUBDIVISION (IS) ZONING DISTRICT THAT ARE NOT PLATTED CC LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL I g aa OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY V N OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY W COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File 1 8 82018-196) 2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.5.29 OF THE MONROE COUNTY 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (File 2018-209) 3.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING POLICY 101.9.4 OF THE 2030 MONROE COUNTY 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File • 2018-211) 4.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 101-1 OF THE MONROE COUNTY LAND DEVELOPMENT CODE CREATING A DEFINITION OF NESTING AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(File 2016-123) 5.AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 101-1 OF THE MONROE COUNTY LAND DEVELOPMENT CODE CREATING A DEFINITION OF OFFSHORE ISLAND; AMENDING SECTION 118-10 OF THE LAND DEVELOPMENT CODE TO FURTHER CLARIFY THE DEVELOPMENT OF OFFSHORE ISLANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(File 2016-124) 5:01 PM(or as soon thereafter as may be heard): 1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-93, SUBURBAN COMMERCIAL DISTRICT (SC), TO ALLOW PARKS TO BE PERMITTED AS OF RIGHT IN THE SC LAND USE(ZONING) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(File 2018-208) Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and online at: www.monroecounty-fl.gov Pursuant to Section 286.0105 Florida Statutes, if a person decides to appeal any decision of the Board of County Commissioners,with respect to any matter considered at the meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose,he or she may need to insure a verbatim record of the proceedings is made,which record includes the testimony&evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office,by phoning(305) 292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five (5) calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711." May 3.2019 Key West Citizen