Item R06 R.6
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: R.6
Agenda Item Summary #6101
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 the Monroe County Land Development
Code, Section 130-163, to address existing lawfully established nonconforming residential uses, not
including mobile homes and not including transient uses, to allow for repair and replacement. (File
2018-210)
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the Land Development Code to amend Section 130-163 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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R.6
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 P10-19 and provided for public
comment.
Proposed Amendment(deletions are stricken through; additions are shown in underlined):
Chapter 130-LAND USE DISTRICTS
Article V. Land Use Intensities
Sec. 130-163. Existing residential dwelling units and transient units.
Notwithstanding the provisions of sections 130-157 and 130-162, the owners of land upon which a
lawfully established dwelling unit, mobile home, or transient unit exists shall be entitled to one
dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully-
established dwelling unit shall not be considered nonconforming as to density. Notwithstanding the
nonconforming use provisions of Section 102-56, 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). 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 corresponding proposed Comprehensive Plan 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.
The BOCC will consider the corresponding Comprehensive Plan text amendment at the October 16,
2019 regularly scheduled meeting.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
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DOCUMENTATION:
2018-210 BOCC SR 10.16.19
2018-210 Ordinance
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 12:22 PM
Steve Williams Completed 09/25/2019 11:37 AM
Maureen Proffitt Completed 10/01/2019 9:39 AM
Assistant County Administrator Christine Hurley Completed
09/26/2019 10:25 AM
Budget and Finance Completed 09/26/2019 10:31 AM
Maria Slavik Completed 09/26/2019 10:44 AM
Kathy Peters Completed 09/26/2019 11:45 AM
Maureen Proffitt Completed 10/01/2019 9:39 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
7
8 a
9 To: Monroe County Board of County Commissioners as
10 D
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
12 Resources E
13 0
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning 0
15 0
16 Date: September 20, 2019 z
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending the
19 Monroe County Land Development Code, Section 130-163, to address existing lawfully
20 established nonconforming residential uses, not including mobile homes and not
21 including transient uses, to allow for repair and replacement. (File 42018-210) z
0
22
23 Meeting: October 16, 2019
24
25
as
26 I. REQUEST E
27
28 The Monroe County Planning & Environmental Resources Department is proposing amendments
29 to the Land Development Code to amend Section 130-163 to address existing lawfully established
30 nonconforming residential uses, not including mobile homes and not including transient uses, to
31 allow for repair and replacement of such dwelling units with the same type of dwelling unit, and it .2
32 shall not be considered a nonconforming use.
33
34 IL BACKGROUND INFORMATION
35
36 Monroe County's current adopted Comprehensive Plan has an existing policy that protects
37 nonconforming lawfully established residential density. This policy allows the density to be W
38 replaced,regardless of the density limitations established in Policy 101.5.25. Most nonconforming U)i
39 single-family residences can be replaced in footprint,but only if it is located in a FLUM and zoning U
40 district that permits residential uses. Mi
41
42 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has Go
43 come to the attention of staff that some property owners are prevented from rebuilding because the CD
44 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map N
45 (FLUM) categories and land use(zoning) districts.
46
47
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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 and Land Development Code text amendments was held on November 27, 2018 in Marathon
4 and provided for public input. There were five members of the public in attendance who posed to
5 general questions about the timeframe of implementation and who would benefit from the proposed
6 of the proposed text amendment.
7 g
8 Development Review Committee and Public Input
9 The Development Review Committee considered the proposed amendment at a regular meeting on
10 January 15, 2019 and received public input.
11 �
12 Planning Commission and Public Input E
13 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended 2
14 approval of the proposed text amendment through PC Resolution P10-19 and provided for public 0
15 comment.
0
16
17 Previous Relevant BOCC Action
18 On May 22, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider
19 the transmittal of the corresponding proposed Comprehensive Plan text amendment (File 2018- U)
20 209), considered the staff report, and provided for public comment and public participation in
21 accordance with the requirements of state law and the procedures adoption for public participation z
22 in the planning process. The BOCC adopted Resolution 153-2019 transmitting the proposed
23 amendment to the State Land Planning Agency (DEO) for review and comment. 0
24
25 The BOCC will consider the corresponding Comprehensive Plan text amendment at the October
26 16, 2019 regularly scheduled meeting.
E
27
28 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
29 '�
30 Proposed Amendment(deletions are sly; additions are shown in underlined).
31 2
32
33 Chapter 130-LAND USE DISTRICTS
34 *****
35 Article V. Land Use Intensities
36 *****
i
37 Sec. 130-163. Existing residential dwelling units and transient units.
i
38 Notwithstanding the provisions of sections 130-157 and 130-162, the owners of land upon which a
39 lawfully established dwelling unit, mobile home, or transient unit exists shall be entitled to one dwelling 0
40 unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully-established �i
41 dwelling unit shall not be considered nonconforming as to density. Notwithstanding the nonconforming N
42 use provisions of Section 102-56, existing lawfully established residential uses, not including mobile 00
43 homes and not including transient uses, shall be entitled to repair and/or replace such dwelling units with N
44 the same type of dwelling unit and shall not be considered a nonconforming use(s). Lawfully established
45 mobile homes shall be entitled to replace such dwelling units with a detached dwelling unit and shall not E
46 be considered a nonconforming use(s).
47
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2
3 IV. ANALYSIS OF PROPOSED AMENDMENT
4
5 The following definitions are provided in LDC Section 101-1:
6 Nonconforming Use means a use which does not conform to a current provision or
7 regulation provided in the Comprehensive Plan and/or LDC. 2
8 Nonconforming Use, Lawful means a use which does not conform to a current provision 0
9 or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or
10 otherwise in existence lawfully,prior to the effective date of the ordinance adopting the �
11 current provision or regulation that rendered the use nonconforming.
12 Redevelopment means the rehabilitation, improvement, and/or demolition and E
13 replacement of existing development on a site.
0
14 Monroe County's current adopted Comprehensive Plan has an existing policy that protects r-
15 nonconforming lawfully established residential density. This policy allows the density to be z
16 replaced, regardless of the density limitations established in Policy 101.5.25.
17 a
18 Policy 101.5.29 U)
19 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon
20 which a lawfully established residential dwelling unit exists shall be entitled to a z
21 density of one dwelling unit per each recognized lawfully established unit. Such 0
22 lawfully-established dwelling unit(s) shall not be considered as nonconforming as IL
23 to the density provisions of Policy 101.5.25 and the Monroe County Code.
24
25 Most nonconforming single-family residences can be replaced in footprint, but only if it is located a
26 in a FLUM and zoning district that permits residential uses.
27
28 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has Z
29 come to the attention of staff that some property owners are prevented from rebuilding because the
30 residential dwelling unit is considered a nonconforming use within certain Future Land Use Map r-
31 (FLUM) categories and land use (zoning) districts. T
32
33 The County's current adopted Land Development Code contains a subsection that protects
34 nonresidential uses within the OS, NA, SS, SR, SR-L, IS, IS-D, URM and land use districts;
35 however, these protections do not extend to residential uses.
36
37 Section 102-56(a)(2)states: "Nonconforming nonresidential uses in OS,NA, SS, SR, SR-
38 L, IS, IS-D, URM, and UR land use districts, which lawfully existed on January 4, 1996
39 may develop, redevelop, reestablish and/or substantially improve, provided that the use 0
40 is limited in intensity, floor area, and to the type of use that existed on January 4, 1996
41 and is registered in accordance with section 102-55." N
42 00
43 Comprehensive Plan Objective 101.8 requires the County to reduce or eliminate the frequency of N
44 uses which are inconsistent with the land development regulations, zoning districts, Future Land
45 Use categories and the Future Land Use Map, while recognizing that some nonconforming uses E
46 are important part of the community character.
47
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I The proposed amendment would allow the replacement of existing lawfully established residential
2 uses, not including mobile homes and not including transient uses, with the same type of dwelling
3 units and would not be considered a nonconforming use. The replacement dwelling unit would still
4 be required to comply with regulations set forth in the Land Development Code and Florida to
5 Building Code.
6
7 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE g
8
9 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
10 158(d)(7)(b):
11 �
12 1. Changed projections (e.g., regarding public service needs) from those on which the text or E
13 boundary was based;
0
14 N/A
0
15
16 2. Changed assumptions (e.g., regarding demographic trends);
17 N/A
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18
19 3. Data errors, including errors in mapping, vegetative types and natural features described in
20 volume 1 of the plan; 0
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21 N/A
22
23 4. New issues; a
24 N/A
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25
26 5. Recognition of a need for additional detail or comprehensiveness; or
27 g
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28 The current LDC does not allow the replacement of a residential dwelling unit when the
29 residential use is not permitted in the zoning district in which the property is located. The
30 proposed amendment would allow the replacement of existing lawfully established residential
31 uses,not including mobile homes and not including transient uses,with the same type of dwelling
32 units and would not be considered a nonconforming use. The replacement dwelling unit would
33 still be required to comply with regulations set forth in the Land Development Code and Florida
34 Building Code.
35 �s
36 Comprehensive Plan Objective 101.8 requires the County to reduce or eliminate the frequency co
37 of uses which are inconsistent with the land development regulations, zoning districts, Future Q�
38 Land Use categories and the Future Land Use Map,while recognizing that some nonconforming
00
39 uses are important part of the community character.
40
41 6. Data updates;
42 N/A
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43
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I In no event shall an amendment be approved which will result in an adverse community change
2 to the planning area in which the proposed development is located or to any area in accordance
3 with a livable communikeys master plan pursuant to findings of the board of county
4 commissioners.
5 The proposed text amendment is not anticipated to result in an adverse community change. All
6 development shall be required to comply with level of service, concurrency, the regulations set forth
7 in the Land Development Code and the Florida Building Code.
a�
8
9 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE U)
10 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
11 E
12 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
14 z
15
16
17 GOAL 101
18 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
19 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
20 Z
21 Objective 101.1
22 Monroe County shall ensure that all development and redevelopment taking place within its 0
23 boundaries does not result in a reduction of the level-of-service requirements established and
24 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
25 plan amendments include an analysis of the availability of facilities and services or demonstrate E
26 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
27
28 Objective 101.3
29 Monroe County shall regulate new residential development based upon the finite carrying
30 capacity of the natural and man-made systems and the growth capacity while maintaining a .2
31 maximum hurricane evacuation clearance time of 24 hours. >
32
33 Objective 101.8
34 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
35 applicable provisions of the land development regulations, zoning districts, Future Land Use
36 categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an
37 important part of the community character and the County desires to maintain such character and
38 protect these lawfully established,nonconforming uses and allow them to be repaired or replaced.
39 [§163.3177 (6)a.2.e.] o�oi
40
41 B. The amendment is consistent with the Principles for Guiding Development for the Florida 00
42 Keys Area, Section 380.0552(7), Florida Statutes.
43
44 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan a
45 with the principles for guiding development and any amendments to the principles,the principles
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I shall be construed as a whole and no specific provision shall be construed or applied in isolation
2 from the other provisions.
3
4 (a) Strengthening local government capabilities for managing land use and development so that `D
5 local government is able to achieve these objectives without continuing the area of critical
6 state concern designation.
7 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, c
8 seagrass beds, wetlands, fish and wildlife, and their habitat.
9 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
10 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
11 beaches, wildlife, and their habitat.
12 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
13 economic development.
14 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 0
15 Keys.
16 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural z
17 environment, and ensuring that development is compatible with the unique historic character
18 of the Florida Keys.
19 (g) Protecting the historical heritage of the Florida Keys. U)
20 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
21 proposed major public investments, including: Z
22
23 1. The Florida Keys Aqueduct and water supply facilities;
24 2. Sewage collection, treatment, and disposal facilities;
25 3. Solid waste treatment, collection, and disposal facilities;
26 4. Key West Naval Air Station and other military facilities;
27 5. Transportation facilities;
28 6. Federal parks, wildlife refuges, and marine sanctuaries;
29 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
30 properties;
31 8. City electric service and the Florida Keys Electric Co-op; and
32 9. Other utilities, as appropriate. T
33
34 (i) Protecting and improving water quality by providing for the construction, operation, C)
35 maintenance, and replacement of stormwater management facilities; central sewage
36 collection; treatment and disposal facilities; and the installation and proper operation and
37 maintenance of onsite sewage treatment and disposal systems.
38 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
39 operation of wastewater management facilities that meet the requirements of ss.
40 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 0
41 central wastewater treatment facilities through permit allocation systems.
42 (k) Limiting the adverse impacts of public investments on the environmental resources of the c
00
43 Florida Keys.
Ir-
44 (1) Making available adequate affordable housing for all sectors of the population of the Florida
45 Keys.
46 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
47 a natural or manmade disaster and for a postdisaster reconstruction plan.
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I (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
2 maintaining the Florida Keys as a unique Florida resource.
3
4 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent `o
5 with the Principles for Guiding Development as a whole and is not inconsistent with any
6 Principle.
7 g
8 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
9 (F.S.). Specifically, the amendment furthers:
10 M
11 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
12 and enhance present advantages; encourage the most appropriate use of land, water, and
13 resources, consistent with the public interest; overcome present handicaps; and deal 2
14 effectively with future problems that may result from the use and development of land within 0
15 their jurisdictions. Through the process of comprehensive planning, it is intended that units
16 of local government can preserve, promote, protect, and improve the public health, safety, z
17 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
18 general welfare; facilitate the adequate and efficient provision of transportation, water,
19 sewerage, schools, parks, recreational facilities, housing, and other requirements and U)
20 services; and conserve, develop, utilize, and protect natural resources within their
21 jurisdictions. Z
22
23 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
24 legal status set out in this act and that no public or private development shall be permitted
25 except in conformity with comprehensive plans, or elements or portions thereof, prepared
26 and adopted in conformity with this act.
E
27
28 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
29 and strategies for the orderly and balanced future economic, social,physical, environmental,
30 and fiscal development of the area that reflects community commitments to implement the
31 plan and its elements. These principles and strategies shall guide future decisions in a
32 consistent manner and shall contain programs and activities to ensure comprehensive plans T
33 are implemented. The sections of the comprehensive plan containing the principles and
34 strategies, generally provided as goals, objectives, and policies, shall describe how the local M
35 government's programs, activities, and land development regulations will be initiated,
36 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
37 the intent of this part to require the inclusion of implementing regulations in the
38 comprehensive plan but rather to require identification of those programs, activities, and land
39 development regulations that will be part of the strategy for implementing the comprehensive
40 plan and the principles that describe how the programs, activities, and land development 0
41 regulations will be carried out. The plan shall establish meaningful and predictable standards
42 for the use and development of land and provide meaningful guidelines for the content of c
00
43 more detailed land development and use regulations.
44
45 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
46 authority. — It is the intent of this act that adopted comprehensive plans or elements thereof �E
47 shall be implemented, in part, by the adoption and enforcement of appropriate local
48 regulations on the development of lands and waters within an area. It is the intent of this act
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I that the adoption and enforcement by a governing body of regulations for the development
2 of land or the adoption and enforcement by a governing body of a land development code for
3 an area shall be based on, be related to, and be a means of implementation for an adopted
4 comprehensive plan as required by this act.
5
6
7 VII. PROCESS
8
9 Land Development Code Amendments may be proposed by the Board of County Commissioners,
10 the Planning Commission, the Director of Planning,private application, or the owner or other person
11 having a contractual interest in property to be affected by a proposed amendment. The Director of
12 Planning shall review and process applications as they are received and pass them onto the
13 Development Review Committee and the Planning Commission.
14 0
15 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 0
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
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 U)
20 adoption of the proposed amendment, and considers the staff report, staff recommendation,Planning
21 Commission recommendation and the testimony given at the public hearing. The BOCC may adopt z
22 the proposed amendment based on one or more of the factors established in LDC Section 102-
23 158(d)(7). 0
24
25 VIII. STAFF RECOMMENDATION
26 E
27 Staff recommends approval of the proposed amendment.
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(1
2
3
4
5
E MONROE COUNTY, FLORIDA
7 MONROE COUNTY Y OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -201.9
10 a
ll �
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF �
13 COUNTY COMMISSIONERS ENDIl E COUNTY
Y _
14 LAND DEVELOPMENT CODE SECTION 1 -1 3, EXISTING
15 RESIDENTIAL DWELLING UNITS AND TRANSIENT UNITS, TO 0
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1,6 ALLO WEXISTING LAWFULLY Y ESTABLISHED ESI ENT IAL 0
17 DWELLING UNITS, OTHER THAN MOBILE HOMES, TO BE 0
18 CONSIDEREDCONFORMING G SES REGARDLESS OF LAND z
19 USE (ZONING) DISTRICT; PROVIDING FOR SE EI IIILI T Y;
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND �
22 PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR INCLUSION N IN THE MONROE COUNTY T"
24 CODE; PROVIDING FOR AN EFFECTIVE DATE.
IL
25
26
2,7 �
28 WHEREAS, on November 27, 2018 a community meeting was held, as required by LDC
29 Section 1112-159(b)(3), to discuss the proposed Land Development Code text amendment, and to �s
30 provide for public participation; and
31
32 WHEREAS, on January 15, 2019,. the Monroe County Development Review Committee
33 (ITC) reviewed the proposed amendment at a regularly scheduled meeting; and
34 0
35 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe Q�
36 County sand Development Code, Section 1.30-163 to address existing lawfully established
00
37 nonconforming residential uses, not including mobile homes and not including transient uses, to
38 allow for repair and replacement; and
39
40 WHEREAS,the Monroe County planning Commission held a public hearing on February
41 27, 2019, for review and recorr,nnendation on the proposed amendment; and
42
43 WHEREAS, the planning Commission was presented with the following documents and
44 other information relevant to the request, which by reference is hereby incorporated as part of the
45 record of said hearing:
Ordinance No. 201.9 page 1 of
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I WHEREAS, the Monroe County Planning Commission held a public hearing on February
2 27, 2019, for review and recommendation on the proposed amendment, and recommended
3 approval through Resolution P 10-19;
4
5 WHEREAS, at a regularly scheduled meeting held on the 16 1h day of October, 2019, the
6 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
7 and provided for public comment and public participation in accordance with the requirements of
8 state law and the procedures adopted for public participation in the planning process;
9 .2
10 WHEREAS, based upon the documentation submitted and information provided in the
11. accompanying staff report, the BOCC makes the following Conclusions of Law:
U)
12 :D
13 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
14 Monroe County Year 2030 Comprehensive Plan; and E
I-
0
15 1 The proposed amendment is consistent with the Principles for Guiding Development r-
16 for the Florida Keys Area of Critical State Concern, See. 380.0552(7),, F.S.; and 0
17 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and. 0
z
18 4. The proposed amen.difient, with changes as directed by the Planning Commission, is
19 necessary due to recognition of a need for additional detail of comprehensiveness, and
20 data updates, as required by Section 102-158 of the Monroe County Code;
U)
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY z
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0
24 (L
0
25 Section L The Monroe County Land Development Code is hereby amended as follows:
26
Pro)used. Arnendment (deletions are additions are shown in underlined).
E
27
28 Chapter 130- LAND USE DISTRICTS
29 zz�
30 Article V, Land Use Intensities
31
32 See. 130-163. Existing residential dwelling units and transient units.
0
33 Notwithstanding the provisions of sections 130-157 and 130-162, the owners of land upon which CD1
34 a lawfully established dwelling unit, mobile home, or transient unit exists, shall be entitled to one 00
35 dwelling unit for each type of dwelling unit in existence before January 4, 1.996. Such lawfully-
36 established dwelling unit shall not be considered nonconforming as to density. Notwithstanding
37 the nonconforming use provisions of Section 102-56,existing Iawfullyestablished residentia
l uses,
38 not includin mobile homes and not including t I.. E
ransient uses shall be entitled to repair and/or
39 replace such dwelling units with the same type of dwelling unit and shall not be considered a
40 nonconforming use(s), Lawfully established mobile homes shall be entitled to re lace such.
41 dwelling units with a detached dwelling unit and shall not be considered a nonconforming use(s),
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I Section 2. Sever ability._lf any section, paragraph, subdivision, clause, sentence or
2 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
3 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
4 the effect thereof shall be confined to the section, paragraph, subdivision, clause,, sentence, or
5 provision immediately involved in the controversy in which such judgment or decree shall be
6 rendered.
7
8 Section 3. Conflictina Provisions. All ordinances or parts of ordinances in conflict with
9 this ordinance are hereby repeated to the extent of said conflict.
10
11 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
12 Planning Agency as required by F.S. 380-05 (1 1) and F.S. 380.0552(9). :D
13
14 Section 5. Filing. 'phis ordinance shall be filed in the Office of the Secretary of the State E
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0
15 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according 4-
16 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission 0
17 approving the ordinance, and if the final order is challenged, until the challenge to the order is 0
18 resolved pursuant to F.S. Chapter 120, z
19
20 Section 6. Inclusion in the Monroe Co Ugly C rarle®The provisions of this Ordinance shall
21, be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an U)
22 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
23 marking system of the Code. z
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24
25 Section 7. Effective Date. This ordinance shall become effective contingent on 0
26 effectiveness, of the corresponding amendments to the Monroe County Year 2030 Comprehensive
27 Plan and as provided by law and stated above.
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4 Mayor Sylvia Murphy
5 Mayor Pro Fein Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron
8 Commissioner David Rice
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9
10 BOARD OF COUNTY COMMISSIONERS (n
11 OF MONROE COUNTY, FLORIDA 0
U)
12 :D
13 BY
14 MAYOR SYLVIA, MURPHY E
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15 (SEAL) r-
16 0
17 ATTEST: KEVIN MADOK, CLERK 0
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18,
19
20 DEPUTY CLERK U)
MONROE COUNTY TTORNEY
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ASSISTAW, 03v� TT 411EY
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