Item R05 R.5
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
October 16, 2019
Agenda Item Number: R.5
Agenda Item Summary #6100
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an 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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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 Ito the density provisions of Policy 101.5.25 and the Monroe County
Land Development Code. Notwithstanding the nonconforming use 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). Lawfullyuse(s). Lawfully established mobile
homes shall be entitled to replace such dwelling units with a detached dwelling unit and shall not be
considered a nonconforming use(s).
PREVIOUS RELEVANT BOCC ACTION:
On May 22, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the staff report, and provided for public
comment and public participation in accordance with the requirements of state law and the
procedures adoption for public participation in the planning process. The BOCC adopted
Resolution 153-2019 transmitting the proposed amendment to the State Land Planning Agency
(DEO) for review and comment.
Following their review of the proposed amendment, DEO issued an Objections, Recommendations
and Comments (ORC) report on September 6, 2019 (attached). The ORC report did not identify any
objections, recommendations or comments. The County has 180 days from the date of receipt of the
ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
amendment.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
DOCUMENTATION:
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2018-209 BOCC SR 10.16.19
2018-209_Ordinance
Transmittal_Reso-153-2019
2018-209 MONROE CO. 19-04ACSC (ORC)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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 09/24/2019 10:22 AM
Steve Williams Completed 09/24/2019 10:39 AM
Maureen Proffitt Completed 10/01/2019 9:33 AM
Assistant County Administrator Christine Hurley Completed
09/26/2019 10:25 AM
Budget and Finance Completed 09/26/2019 10:29 AM
Maria Slavik Completed 09/26/2019 10:45 AM
Kathy Peters Completed 09/26/2019 11:39 AM
Maureen Proffitt Completed 10/01/2019 9:33 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
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8 as
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9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources L_
12 r_
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
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15 Date: September 20, 2019
16
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17 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy ;g
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) _0
21
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22 Meeting: October 16, 2019
23
24 I. REQUEST a
25 E
26 The Monroe County Planning & Environmental Resources Department is proposing amendments
27 to the 2030 Comprehensive Plan to amend Policy 101.5.29 to address existing lawfully established a:
28 nonconforming residential uses, not including mobile homes and not including transient uses, to C
29 allow for repair and replacement of such dwelling units with the same type of dwelling unit, and it 0
to
30 shall not be considered a nonconforming use.
31
32 II. BACKGROUND INFORMATION .2
33
34 Monroe County's current adopted Comprehensive Plan has an existing policy that protects
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35 nonconforming lawfully established residential density. This policy allows the density to be 7
36 replaced,regardless of the density limitations established in Policy 101.5.25. Most nonconforming 7
37 single-family residences can be replaced in footprint,but only if it is located in a FLUM and zoning CD
i
38 district that permits residential uses.
39 Ui
40 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
41 come to the attention of staff that some property owners are prevented from rebuilding because the Mi
42 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map CD
43 (FLUM) categories and land use (zoning) districts. 00
44 CD
04
45 Community Meeting and Public Participation
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 10.16.19 Page 1 of 7
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I general questions about the timeframe of implementation and who would benefit from the
2 proposed of the proposed text amendment.
3 C14
4 Development Review Committee and Public Input
5 The Development Review Committee considered the proposed amendment at a regular meeting
6 on January 15, 2019 and received public input.
7 a
8 Planning Commission and Public Input
9 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended
10 approval of the proposed text amendment through PC Resolution P06-19 and provided for public
11 comment. E
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12 r_
13 Previous Relevant BOCC Action:
14 On May 22, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider z
15 the transmittal of the proposed text amendment,considered the staff report, and provided for public
16 comment and public participation in accordance with the requirements of state law and the
17 procedures adoption for public participation in the planning process. The BOCC adopted :2
18 Resolution 153-2019 transmitting the proposed amendment to the State Land Planning Agency 0
19 (DEO) for review and comment.
20 z
21 Following their review of the proposed amendment,DEO issued an Objections,Recommendations
22 and Comments (ORC) report on September 6, 2019 (attached). The ORC report did not identify 0
23 any objections, recommendations or comments. The County has 180 days from the date of receipt
24 of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the
25 amendment. E
26
27 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
28
29 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined): 0
30
31 *****
32 Policy 101.5.29
33 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
34 established residential dwelling unit exists shall be entitled to a density of one dwelling unit per
35 each recognized lawfully established unit. Such lawfully-established dwelling unit(s) shall not be
36 considered fls nonconforming Ito the density provisions of Policy 101.5.25 and the Monroe
37 County Land Development Code. Notwithstanding the nonconforming use provisions of Policy
38 101.8.4, existing lawfully established residential uses, not including mobile homes, and not
39 including transient uses, shall be entitled to repair and/or replace such dwelling units with the same
40 type of dwelling unit and shall not be considered a nonconforming _use(s). Lawfully establisheduse(s). Lawfully established
41 mobile homes shall be entitled to replace such dwelling units with a detached dwelling unit and co
42 shall not be considered a nonconforming _use(s).
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45 ***** `d
46
47 IV. ANALYSIS OF PROPOSED AMENDMENT
48
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I The following definitions are provided in the Glossary of the Comprehensive Plan:
2 . Nonconforming Use means a use which does not conform to a current provision or
3 regulation provided in the Comprehensive Plan and/or LDC.
4 . Nonconforming Use, Lawful means a use which does not conform to a current provision
5 or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or
6 otherwise in existence lawfully,prior to the effective date of the ordinance adopting the
7 current provision or regulation that rendered the use nonconforming. a
8 Redevelopment means the rehabilitation, improvement, and/or demolition and 0
9 replacement of existing development on a site.
10 Monroe County's current adopted Comprehensive Plan has an existing policy that protects
11 nonconforming lawfully established residential density. This policy allows the density to be 2
12 replaced, regardless of the density limitations established in Policy 101.5.25. 0
13 0
14 Policy 101.5.29 z
15 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which
16 a lawfully established residential dwelling unit exists shall be entitled to a density of
17 one dwelling unit per each recognized lawfully established unit. Such lawfully- U)
18 established dwelling unit(s) shall not be considered as nonconforming as to the density
19 provisions of Policy 101.5.25 and the Monroe County Code.
20
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21 Most nonconforming single-family residences can be replaced in footprint,but only if it is located
22 in a FLUM and zoning district that permits residential uses.
23
24 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
25 come to the attention of staff that some property owners are prevented from rebuilding because the
26 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map
27 (FLUM) categories and land use (zoning) districts.
28
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29 The County's current adopted Comprehensive Plan contains a policy that protects nonresidential �?
30 uses and transient uses within the RC, RL, RM and RH future land use map categories; however,
31 these protections do not extend to residential uses.
32 T
33 Policy 101.5.5
34 Monroe County shall maintain Land Development Regulations which allow
35 nonconforming nonresidential and transient uses in the RC, RL, RM and RH future
36 land use categories that lawfully existed on such lands on January 4, 1996 to develop,
37 redevelop, reestablish and/or substantially improve provided that the use is limited in
38 density, intensity, floor area, and to the type of use that existed on January 4, 1996.
39 �s
40 Comprehensive Plan Objective 101.8 requires the County to reduce or eliminate the frequency of
41 uses which are inconsistent with the land development regulations, zoning districts, Future Land �i
42 Use categories and the Future Land Use Map, while recognizing that some nonconforming uses
43 are important part of the community character. Policy 101.8.4 currently requires substantially 00
44 damaged structures to come into conformance with the permitted uses of the FLUM and Zoning
45 categories.
46 E
47 Policy 101.8.4
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I With the exception of nonconforming uses located in the Mixed Use/Commercial
2 Fishing Future Land Use category or within a Community Center Overlay,if a structure
3 in which a nonconforming use is located is damaged or destroyed so as to require
4 substantial improvement, then the structure shall be repaired or restored only for
5 uses which conform to the provisions of the Future Land Use category and zoning
6 district in which it is located. Improvements to historic sites, and improvements to
7 meet health, sanitary or safety code specifications are not considered substantial a
8 improvements.
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10 The proposed amendment would allow the replacement of existing lawfully established residential r_
11 uses, not including mobile homes and not including transient uses, with the same type of dwelling E
12 units and would not be considered a nonconforming use. The replacement dwelling unit would still
13 be required to comply with regulations set forth in the Land Development Code and Florida
14 Building Code. z
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16 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
17 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
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19 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
20 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: 0
21 a.
22 GOAL 101 a
23 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
24 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
25 E
26 Objective 101.1
27 Monroe County shall ensure that all development and redevelopment taking place within its a.
28 boundaries does not result in a reduction of the level-of-service requirements established and 0.
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29 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive 0
30 plan amendments include an analysis of the availability of facilities and services or demonstrate
31 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
32 .2
33 Objective 101.3
34 Monroe County shall regulate new residential development based upon the finite carrying
35 capacity of the natural and man-made systems and the growth capacity while maintaining a
36 maximum hurricane evacuation clearance time of 24 hours.
37
38 Objective 101.8
39 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
40 applicable provisions of the land development regulations, zoning districts, Future Land Use
41 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an coi
42 important part of the community character and the County desires to maintain such character and
43 protect these lawfully established,nonconforming uses and allow them to be repaired or replaced.
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44 [§163.3177 (6)a.2.e.]
45
46 B. The amendment is consistent with the Principles for Guiding Development for the Florida a
47 Keys Area, Section 380.0552(7), Florida Statutes.
48
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I For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
2 with the principles for guiding development and any amendments to the principles,the principles
3 shall be construed as a whole and no specific provision shall be construed or applied in isolation
4 from the other provisions. Iq
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6 (a) Strengthening local government capabilities for managing land use and development so that
7 local government is able to achieve these objectives without continuing the area of critical a
8 state concern designation.
9 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, D
10 seagrass beds, wetlands, fish and wildlife, and their habitat.
11 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native E
12 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
13 beaches, wildlife, and their habitat.
14 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound z
15 economic development.
16 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
17 Keys.
18 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 0
19 environment, and ensuring that development is compatible with the unique historic character
20 of the Florida Keys. 0
21 (g) Protecting the historical heritage of the Florida Keys.
22 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 0
23 proposed major public investments, including:
24
25 1. The Florida Keys Aqueduct and water supply facilities;
26 2. Sewage collection, treatment, and disposal facilities;
27 3. Solid waste treatment, collection, and disposal facilities;
28 4. Key West Naval Air Station and other military facilities;
29 5. Transportation facilities; c
30 6. Federal parks, wildlife refuges, and marine sanctuaries;
31 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
32 properties;
33 8. City electric service and the Florida Keys Electric Co-op; and T
34 9. Other utilities, as appropriate.
35
36 (i) Protecting and improving water quality by providing for the construction, operation,
37 maintenance, and replacement of stormwater management facilities; central sewage
38 collection; treatment and disposal facilities; and the installation and proper operation and
39 maintenance of onsite sewage treatment and disposal systems.
40 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
41 operation of wastewater management facilities that meet the requirements of ss. 0
42 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
43 central wastewater treatment facilities through permit allocation systems.
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44 (k) Limiting the adverse impacts of public investments on the environmental resources of the
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45 Florida Keys.
46 (1) Making available adequate affordable housing for all sectors of the population of the Florida
47 Keys. E
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I (m)Providing adequate alternatives for the protection of public safety and welfare in the event
2 of a natural or manmade disaster and for a postdisaster reconstruction plan.
3 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
4 maintaining the Florida Keys as a unique Florida resource.
5 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
6 with the Principles for Guiding Development as a whole and is not inconsistent with any
7 Principle. a
8 as
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9 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
10 (F.S.). Specifically, the amendment furthers:
11 E
12 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
13 and enhance present advantages; encourage the most appropriate use of land, water, and
14 resources, consistent with the public interest; overcome present handicaps; and deal z
15 effectively with future problems that may result from the use and development of land within
16 their jurisdictions. Through the process of comprehensive planning, it is intended that units
17 of local government can preserve, promote, protect, and improve the public health, safety, :2
18 comfort, good order, appearance, convenience, law enforcement and fire prevention, and 0
19 general welfare; facilitate the adequate and efficient provision of transportation, water,
20 sewerage, schools, parks, recreational facilities, housing, and other requirements and 0
21 services; and conserve, develop, utilize, and protect natural resources within their
22 jurisdictions. 0
23
24 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
25 legal status set out in this act and that no public or private development shall be permitted E
26 except in conformity with comprehensive plans, or elements or portions thereof, prepared
27 and adopted in conformity with this act.
28
29 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, c
30 and strategies for the orderly and balanced future economic, social,physical, environmental,
31 and fiscal development of the area that reflects community commitments to implement the
32 plan and its elements. These principles and strategies shall guide future decisions in a
33 consistent manner and shall contain programs and activities to ensure comprehensive plans T
34 are implemented. The sections of the comprehensive plan containing the principles and
35 strategies, generally provided as goals, objectives, and policies, shall describe how the local M
36 government's programs, activities, and land development regulations will be initiated,
37 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
38 the intent of this part to require the inclusion of implementing regulations in the
39 comprehensive plan but rather to require identification of those programs, activities, and land
40 development regulations that will be part of the strategy for implementing the comprehensive
41 plan and the principles that describe how the programs, activities, and land development 0
42 regulations will be carried out. The plan shall establish meaningful and predictable standards
43 for the use and development of land and provide meaningful guidelines for the content of N
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44 more detailed land development and use regulations.
45
46 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
47 authority. It is the intent of this act that adopted comprehensive plans or elements thereof E
48 shall be implemented, in part, by the adoption and enforcement of appropriate local
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I regulations on the development of lands and waters within an area. It is the intent of this act
2 that the adoption and enforcement by a governing body of regulations for the development
3 of land or the adoption and enforcement by a governing body of a land development code for ri
4 an area shall be based on, be related to, and be a means of implementation for an adopted Iq
5 comprehensive plan as required by this act.
6
7 VI. PROCESS
8
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9 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
10 Planning Commission, the Director of Planning, or the owner or other person having a contractual S
11 interest in property to be affected by a proposed amendment. The Director of Planning shall review
42
12 and process applications as they are received and pass them onto the Development Review r-
13 Committee and the Planning Commission.
14 z
15 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
16 review the application, the reports and recommendations of the Department of Planning &
17 Environmental Resources and the Development Review Committee and the testimony given at the :2
18 public hearing. The Planning Commission shall submit its recommendations and findings to the
19 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
20 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff 0
21 recommendation, and the testimony given at the public hearing. The BOCC may or may not
22 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State 0
23 Land Planning Agency, which then reviews the proposal and issues an Objections,
24 Recommendations and Comments (ORC)Report. Upon receipt of the ORC report, the County has
25 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
26 amendment.
27
28 VII. STAFF RECOMMENDATION
29
30 Staff recommends approval of the proposed amendment.
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY O OF COUNTY COMMISSIONERS 2
9 ORDINANCE NO. � 1
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
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12 COUNTY COMMISSIONERS Eli I G POLICY 101.5.29 OF
13 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
1.4 ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL
15 DWELLING UNITS, OTHER THAN OBI E HOMES, pTI7 BE
16 CONSIDERED CONFORMING G USES REGARDLESS OF FUTURE
17 LAND USE DISTRICT; PROVIDING FOR SE' E APILIT ; �
18 PROVIDING FOR REPEAL OF CONFLICTING It 'ISI NS;
19 PROVIDING FOR TRANSMITTAL TO THE STATE LA]
20 PLANNING AGENCY AND THE SECRETARY OF STATE; U)
21 PROVIDING FOR INCLUSION IN THE M . Y V CAE COUNTY
22 COMPREHENSIVE PLAN; PROVIDING FOR 1S EFFECTIVE
23 DI T'E.
24
25
26
27 WHEREAS, on November 27, 2018 a community meeting was held, as required by L DC
28 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to �
29 provide for public participation; and
30 0.
31 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee 0
32 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and
33
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, ether than mobile homes, to be considered conforming uses regardless of Future 1
37 Land Use category; and
3
39 WHEREAS,the Monroe County Planning Commission held a public hearing on February cv
40 27, 2019, for review and recommendation on the proposed amendment; and
41 E
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;
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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,
6 Planning Commission Counsel; and
7
8 WHEREAS, based upon the information and documentation submitted, the Planning .2
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9 Commission made the following Findings of Fact and Conclusions of Law:
10
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I 1 1, The proposed amendment is consistent with the Goals, Objectives and Policies of the D
12 Monroe County Year 2030 Comprehensive Plan; and
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13 2. The proposed amendment is consistent with the Principles for Guiding Development Im
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14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and r-
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15 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
16 0
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17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P06-19
18 recommending approval of the proposed amendment; and
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20 WHEREAS, at a regular meeting held on the 22`1 day of May 2019, the Monroe County
21 Board of County Commissioners held a public hearing to consider the transrnittal of the proposed z
22 text amendirient, considered the staff report and provided for public comment and public 0
23 participation in accordance with the requirements of state law and the procedures adopted for 0
24 public participation in the planning process; and
25
26 WHEREAS, at the May 22, 2019, public hearing, the BOCC adopted Resolution 153- E
27 2019, approving transmittal of the proposed text amendment to the State Land Planning Agency;
28 and IL
29 E
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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 September 6, 2019; and
33
34 WHEREAS, the ORC report did not identify any objections recommendations, or 0
C)
35 cornnaents; and
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36 It-
37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
38 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
E
39
40 WHEREAS, at a regularly scheduled meeting on the 16Ih day of October, 2019, the BOCC
41. held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
42
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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):
5 LO
6 Policy 101.5.29
7 Notwithstanding the density limitations set forth in Policy 101,5,25, land upon
.2
8 which a lawfully established residential dwelling unit exists shall be entitled to a 0
9 density of one dwelling unit per each recognized lawfully established unit. Such
U)
10 1 awfully-establi shed dwelling unit(s) shall not be considered as, nonconforming as M
11 to, the density provisions of Policy 101.5.25 and the Monroe County Land
1.2 Development Code. Notwithstanding the nonconforming qs�eroy�jsions_ofPol�ic E
0
13 101.8A existing lawfully established residential uses, not including mobile hornes, 4-
r-
14 and not including transient uses, shall be entitled to repair and/or replace such 0
15 dwellin2 units with the same type of dwelling unit and shall. not be considered a 0
Z
16 nonconforming use(s). Lawfully established mobile homes shall be entitled to
.T
17 replace such dwelling units with a detached dwelling unit and shall not be
18 considered a nonconforming use(s).
19 U)
20 Section 2. Severability. If any section, subsection, sentence, clause, itern, change, or
Z
21 provision of this ordinance is held invalid, the remainder of this ordinance shall not 0
22 be affected by such validity,
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0
23
24 Section 3., EtntaL-2[JaK2Rsj.ste��t I'rovisiourtso All ordinances or parts of ordinances in
25 conflict with this, ordinance are hereby repealed to the extent of said conflict.
E
26 <
27 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
28 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes,
E
29 0
30 Section 5. Filin and Effective Date. This ordinance shall be filed in the Office of the
31. Secretary of the State of Florida but shall not become effective until a notice is
32 issued by the State Land Planning Agency or Administration Commission finding
33 the amendment in compliance with Chapter 163, Florida Statutes and after any 0
34 applicable challenges have been resolved.
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35 00
36 Section 6. Inclusion in the Copj2EEh2pjjjLk!M The text arnendment shall be incorporated cv
37 in the Monroe County Comprehensive Plan, The numbering of the foregoing
38 amendment may be renumbered to conform to the numbering in the Monroe County E
39 Comprehensive Plan.
40 <
41
Ord. -2019 Page 3 of 4
File #2018-209
Packet Pg. 2466
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of
3
4
5 Mayor Sylvia Murphy
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6 Mayor Pro Tem. Danny L. Kolhage
7 Commissioner Heather Carruthers
8 Commissioner Michelle Coldiron .2
0
9 Commissioner David Rice
10 U)
M
I I BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
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13 0
14 BY r-
0
0
15 MAYOR SYLVIA MURPHY r-
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16 (SEAL) z
17
18 ATTEST: KEVIN MADOK, CLERK
19 U)
20
21 DEPUTY CLERK z
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Ord. -2019 Page 4 of 4
File #2018-209
Packet Pg. 2467
1
2 �9
3 3
4
5
7
8 MONROE COUNTY, FLORIDA
a.
9 BOARD OF COUNTY COMMISSIONERS 0
10 RESOLUTION NO. 153 -2019
it
12 1-
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 101.5.29 OF THE MONROE COUNTY 2030
18 COMPREHENSIVE PLAN TO ALLOW EXISTING LAWFULLY
19 ESTABLISHED RESIDENTIAL DWELLING UNITS, OTHER
20 THAN MOBILE HOMES, TO BE CONSIDERED CONFORMING
21 USES REGARDLESS OF FUTURE LAND USE CATEGORY;
.22 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
23 OF CONFLICTING PROVISIONS; PROVIDING FOR
24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
25 AND THE SECRETARY OF STATE; PROVIDING FOR
26 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
27 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
28
29 WHEREAS, the Monroe County Board of County Commissioners conducted a public CL
30 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
31 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
32 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
33 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
LO
34 Year 2030 Comprehensive Plan as described above; and 17
35 U)
36 WHEREAS, the Monroe County Planning Commission and the Monroe County Board �I
37 of County Commissioners support the requested text amendment;
38
39 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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 153 _2019 Page 1 of 2
Packet Pg. 2468
R.5.c
1
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
49 163.3184(4), Florida Statutes.
50
51 Section 3. The Monroe County staff is given authority to prepare and submit the required
52 transmittal letter and supporting documents for the proposed amendment in
53 accordance with the requirements of Section 163.3184(4), Florida Statutes.
54 0
55 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
56 resolution to the Director of Planning.
57 1-
58 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
59 Florida, at a regular meeting of the Board held on the 22nd day of May , 2019.
60
61 Mayor Sylvia Murphy Yes
62 Mayor Pro Tem Danny L. Kolhage Yes
63 Commissioner Heather Carruthers Absent
64 Commissioner Michelle Coldiron Yes
65 Commissioner David Rice Yes
66
67 BOARD OF COUNTY COMMISSIONERS
68 OF MONROE UNT ORIDA
69
70 @ BY
71 MAY R SYLVIA MURPHY E
72 `�
73 ...... R
74 ATT( KEV v MADOK,, CLERK
75 �-K.c.�C N GE?t11a TfORIIEY
76 DEPUTY CLERK V� J�
31 EVE"vb
AS ITANY G Ty ATTORNEY
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Resolution No.153 -2019 Page 2 of 2
Packet Pg. 2469
• R.5.c
Exhibit A
1
2
3 _
4
5
6
7 MONROE COUNTY, FLORIDA 2
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2019_ 0
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING POLICY 101.5.29 OF
13 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO r_
14 ALLOW EXISTING LAWFULLY.E% ABLISHED__RESIDENTIAL
15 DWELLING UNITS, OTHER TTIAN MOBILE HOMES, TO BE
16 CONSIDERED CONFORMING USES REGARDLESS OF__FUTURE
17 LAND USE DISTRICT; PROVIDING FOR SEVERA=BI_LITY;
18 PROVIDING FOR REPEAL OF CONFLICTJNG PROVISIONS;
19 PROVIDING FOR TRANSMITTAL=SO-THE STATE LAND
20 PLANNING AGENCY AND_THE SECRETARY OF STATE;
21 PROVIDING FOR INLUSION _IN THE` MONROE COUNTY 0 C
22 COMPREHENSIVE PLANS PROVIDING FOR=AN EFFECTIVE
23 DATE. _ _ _ -
24
25
26 — E
27 WHEREAS, on November 27,2018 a community meeting was held, as required by LDC
28 Section to discuss° the proposed Comprehensive Plan text amendment, and to
29 provide for public pa tp.pation, grid
30
31 WHEREAS, on January 15, 2019_the Monroe County Development Review Committee
32 (DRC) revieWMAe proposed - endradiVat a regularly scheduled meeting; and
33
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34 WHEREASV taff is recommending approval of the proposed amendments to the 2030
35 Comprehensive Plan,—Mamend Policy 101.5.29 to allow existing lawfully established residential
36 dwelling units, other than__=rnoli_ile homes, to be considered conforming uses regardless of Future i
37 Land Use category; and
38
39 WHEREAS, the Monroe County Planning Commission held a public hearing on r_
40 February 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
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Packet Pg. 2470
'• R.5.c
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 and
13 2. The proposed amendment is consistent withthe Pf=mc Ales for Guiding Development r-
14 for the Florida Keys Area of Critical State-Concern, Sec 3,80.0552(7), F.S.; and
15 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; c
16 and
2
17
18 WHEREAS, the Monroe County Planning C adopted Resolution No. P06-19
19 recommending approval of the proposed amendment, and
20 - -
21 WHEREAS, at a regular meetmg held o e 22"d day of May 2019, the Monroe County
22 Board of County Commissioners held a public heah# o consider the transmittal of the proposed a.
23 text amendment, considered-the staff report and provided for public comment and public
24 participation in accordance with the requirements o�state latu-and the procedures adopted for
m the 25 public participation planning process, and
26
27 WHEREAS, at the 1VIay 22, 2019=public hearing, the BOCC adopted Resolution - a.
28 201 = transmittal of the proposed text amendment to the State Land
29 Plannmg Agency; and
30
31 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an cv
32 Objections, Recommendations- aid Comments (ORC) report, received by the County on LO
33 , and
34
35 WHEREAS,the ORC-report ; and
36
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37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
38 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
39
40 WHEREAS, at a regularly scheduled meeting on the _`h day of 201_, the
41 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
42 amendment;
Ord. -2019 Page 2 of 4
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•. R.5.c
1
2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
3 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
5 amended as follows (Deletions are shown stricken through; additions are shown
6 underlined):
7
8 Policy 101.5.29 _ U)
9 Notwithstanding the density limitations set ford% in Policy 101.5.25, land upon
10 which a lawfully established residential dwelling unit exists shall be entitled to a
11 density of one dwelling unit per each recognized lawfully established unit. Such
12 lawfully-established dwelling unit(s) shall riot be_donsidered as nonconforming as r-
13 to the density provisions of Policy_.101.5.25 N%Ahe Monroe County Land
14 Development Code. Notwithstanding the nonconformm use provisions of Policy e
15 101.8.4, existing lawfully established residential uses -not including mobile
16 homes, and not including transient uses, shall_be entitled to repair and/or replace
17 such dwelling units with the same- type of dwelling unit- and shall not be
18 considered a nonconforming use(s). Lawfully-established mobile==homes shall be
19 entitled to replace such dwelling units with a detached dwelling unit and shall not
20 be e considered a nonconformm , se(s).
21 - =-
22 Section 2. Severability If_any section, subsection, ,sentence;: clause, item, change, or
23 provision of Wthis ordinance is field invalid, th_e remainder of this ordinance shall
24 not be affected by such validity
25 -
26 Section Kff Repeal of Inconsisfent Provisio All ordinances or parts of ordinances in
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27 conflictwith this ordinance are herebyrepealed to the extent of said conflict.
28
29 Section 4 _TransmittahIhis ordinance shall be transmitted by the Director of Planning to
30Ie State Land P anning _Agency pursuant to Chapter 163 and 380, Florida
31 Stattes.
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32 =--
33 Section 5. Filing and-Effective Date. This ordinance shall be filed in the Office of the
34 Secretary ofthe State of Florida but shall not become effective until a notice is
35 issued by the State Land Planning Agency or Administration Commission finding
36 the amendment in compliance with Chapter 163, Florida Statutes and after any
37 applicable challenges have been resolved.
38
39 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
40 incorporated in the Monroe County Comprehensive Plan. The numbering of the
Ord. -2019 Page 3 of 4
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Packet Pg. 2472
1 foregoing amendment may be renumbered to conform to the numbering in the
2 Monroe County Comprehensive Plan.
3
4 Mayor Sylvia Murphy
5 Mayor Pro Tem Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron
8 Commissioner David Rice a.
9 -_ U)
10 BOARD OF C.ONTY COMMISSIONERS
11 OF MONROE_COUNTY, FLORIDA
12
13 BY 1-=-
14 LVIAYOR SYIVIA MURPHY
15 (SEAL) = e
16
17 ATTEST: KEVIN MADOK, CLERK
18 _
19 -
20 DEPUTY CLERK
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Ron Mantis DE1,"sKen Lawson
GOVERNOR EXECUTIVE DIRECTOR Ci
FLORIDA, PiaR.. ..NT of Iq
ECONOMIC
September 6, 2019
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The Honorable Sylvia Murphy U)
Mayor, Monroe County
102050 Overseas Hwy, Suite 234
Key Largo, Florida 33037
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Dear Mayor Murphy:
0
The Department of Economic Opportunity("Department") has completed its review of the
proposed comprehensive plan amendment for Monroe County(Amendment No. 19-04ACSC),which
was received and determined complete on July 15, 2019. We have reviewed the proposed amendment U)
in accordance with the state coordinated review process set forth in Sections 163.3184(2)and (4),
Florida Statutes (F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify
any objections or comments to the proposed amendment and this letter serves as the Objections,
Recommendations and Comments Report. Review comments received by the Department from the IL
appropriate reviewing agencies, if any,are enclosed.
The County should act by choosing to adopt,adopt with changes,or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether r-
to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt IL
of the Department's attached report,or the amendment will be deemed withdrawn unless extended by CL
agreement with notice to the Department and any affected party that provided comment on the o
amendment pursuant to Section 163.3184(4)(e)1., F.S.
�3
If you have any questions related to this review, please contact Justin Stiell, Planning Analyst, by
telephone at(850) 717-8523 or by email at justin.stiell@deo.myflorida.com.
Sinc ly,
mes D. Stansbury, Chief U
ureau of Community Planning and Growth
JDSjjs
Enclosure: Procedures for Adoption
Agency Comments cv
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cc: Christine Hurley, County Administrator, Monroe County
Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245.7105 1 www.FloridaJobq.org 0
www.twitter.com/FLDEO lwww.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with
disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via
the Florida Relay Service at 711.
Packet Pg. 2474
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
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FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
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NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan U)
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materials, of which one complete paper copy and two complete electronic copies onCD ROM in
Portable Document Format(PDF) to the Department of Economic Opportunity and one copy toeach
entity below that provided timely comments to the local government:the appropriate Regional Planning
Council; Water Management District; Department of Transportation; Department of Environmental
Protection; Department ofState;the appropriate county(municipal amendments on|y);the Florida Fish 0
and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services
(county plan amendments only); and the Department of Education (amendments relating to public
schools); and for certain local governments,the appropriate military installation and any other local '
government or governmental agency that has filed a written request. ~�
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
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adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not ~~
adopted; J�
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0.
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the |oca|government; 0
Name,title, address,telephone, FAX number and e-mail address of local government contact;
Letteroignedbytherhiefe|ectednffioia| orthepersondesignutedbythe |oca|governnnent �
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ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment U
package:
In (�
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|n the case of future land use map amendment, an adopted future land use map, |ncolor N
~~format' clearly depicting the parcel, its existing future land use designation,and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
R.5.d
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required; `d
Copy of executed ordinance adopting the comprehensive plan amendment(s);
0
Suggested effective date language for the adoption ordinance for state coordinated review: IL
0
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"The effective date of this plan amendment, if the amendment is not timely challenged,shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged,or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
0
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in o
compliance."
List of additional changes made in the adopted amendment that the Department of Economic
U)
Opportunity did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment; IL
Statement indicating the relationship of the additional changes not previously reviewed by the
Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity.
91
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Effective:June 2, 2011 (Updated June 2018) Page 2 of 2
Packet Pg. 2476
From: Plan Reviewa�
To: Eubanks,Ray; XPexternalagencycornments Ci
Cc: Plan Review
Subject: Monroe County 19-4AC5C Proposed Q
Date: Tuesday,August 13,2019 4:49:10 PM
Attachments: imaoe002xna
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(L
To: Ray Eubanks, DEO Plan Review Administrator 0
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Re: Monroe County 19-4ACSC—State Coordinated Review of Proposed Comprehensive
Plan Amendment E_
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The Office of Intergovernmental Programs of the Florida Department of Environmental 0
Protection(Department)has reviewed the above-referenced amendment package under the 0
provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that z
focused on potential adverse impacts to important state resources and facilities, specifically:
air and water pollution; wetlands and other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation U)
easements; solid waste; and water and wastewater treatment.
z
Based on our review of the submitted amendment package,the Department has found no 0
provision that, if adopted, would result in adverse impacts to important state resources subject a.
to the Department's jurisdiction. 0
Please submit all future amendments by email to p1anaYiLxv_1_&,fl�- e�) Y. If your
submittal is too large to send via email or if you need other assistance, contact Lindsay E
Weaver at(850) 717-9037.
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Packet Pg. 2477
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Florida Deparlinent of f" R , : fi p d
O DESA TIT 1000 I I I A Avenue � �'I 'A I L A L t P.E. 2 ra
GOVERNOR Miami,FL 33I72-5 00 u��"�`�''��` �'
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July 1
Cheryl Cioffari, AICP
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Acting Senior Planning Director 0
Monroeours Planning nvi n I Resources
Overseas2798 y, Suite 410
Marathon, I
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Subject: Comments for the MonroeComprehensive
PolicyTo . . —Allow Repair and Replacement of 0
Nonconformingi it Uses
Dear Ms. Cioffari: E
DepartmentThe has reviewed the proposed n t to Monroe County's
Comprehensive Plan to modify Policy1 . .29 of the 2030 Monroe
Comprehensive Ian. The amendment would addressexisting lawfully st lis
nonconforming rei nti l uses to allowfor their repair and replacement. In
accordance i Chapter 163, FloridaStatutes, the focus of our review on major
transportation i , including adverse impacts to transportationfcil® istate 0
importance.
The �s
District reviewed the proposedcomprehensive I n amendment and found i
wouldt adversely impact transportation resources facilities of state importance,
Please tct me at3 - you haveany questions concerning or d
comments.
Sincerely,
' N
hereen fee on 6�-
Transportation Planner
wwW.fdot gov
Packet Pg. 2478
Ms. Cheryl Cioffarl
July 29, 2019
Page 2
Cc: Emily Schemper, Monroe County .2
0
Harold Desdunes, P.E., Florida Department of Transportation, District 6 (L
Dat Huynh, P.E., Florida Department of Transportation, District 6 U)
Kenneth Jeffries, Florida Department of Transportation, District 6 M
Ray Eubanks, Department of Economic Opportunity
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Isabel Cosio Carballo, South Florida Regional Planning Council I-
0
Isabel Moreno, South Florida Regional Planning Council r-
0
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Packet Pg. 2479
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From: Bight,Jason
To: DCPexternalageen,ycomments,Barbra.powellPdeo.mvflorida.com;cioffari-cheryl(c�monroecounty-fl oov Ci
Cc: Raininoer.Christine;Wallace,Traci u1
Subject: Monroe County 19-3ACSC,19-4ACSC, 19-SACSC
Date: Tuesday,July 23,2019 9:27:31 AM
.2
0
Dear Ms. Cioffari: IL
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Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed
comprehensive plan amendments in accordance with Chapter 163.3184(3), Florida Statutes. S
We have no comments,recommendations, or objections related to listed species and their
habitat or other fish and wildlife resources to offer on these amendments. r-
0
If you need any further assistance,please do not hesitate to contact our office by email at
FWCConservationPlamiingServicesg,MyFWC com. If you have specific technical questions, z
please contact Christine Raininger at(561) 882-5811 or by email at
Christine IZaini el~ M WC Co11'1. �
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Sincerely,
Jason Hight
Biological Administrator II
Office of Conservation Planning Services
Division of Habitat and Species Conservation
620 S. Meridian Street, MS 5135
Tallahassee, FL 32399-1600
(850)228-2055
Monroe County 19-3ACSC_39864
Monroe County 19-4ACSC_39865 91
Monroe County 19-5ACSC_39866
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Packet Pg. 2480
From: Mannino,Iuues:
To: DCPextemalagencycommen �
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Cc: "cioffari-
Subject: Monroe County,msO#z9-3AuCs 1y-4AcyC,and#zy-S^CSC'Comments no Proposed Comprehensive mao
Amendment Packages
Date: Thursday,July zO.ao1o5:zo:z*pm 0
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0
Dear Mr. �Eubanks� U)
The South Florida Water Management District (District) has completed its review of the three
proposed amendment packages from the Monroe County (County). The amendments are text
amendments to the Count/s Comprehensive Plan to address density issues on certain
nonconforming lots and to allow for the repair and replacement of residential land uses in certain 0
situations. There appear to be no regionally significant water resource issues; therefore,the District z
forwards no comments on the proposed amendment package. '
The District offers its technical assistance to the County and the Department of Economic �
�
Opportunity in developing sound, sustainable solutions to meet the County's future water supply '
needs and to protect the reQion's water resources. Please forward a copy of the adopted
amendments tothe District. Please contact me if you need assistance or additional information. IL
Sincerely, ^�
Ms. Terry Manning, Policy and Planning Analyst E
South Florida Water Management District
Water Supply Implementation Unit IL
CL
3301 Gun Club Road
West Palm Beach, FL 33406
Phone: 561'682'6779
Fax:� 561-681'6264
0
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