Item R07 R.7
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.7
Agenda Item Summary #6103
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 101.9.4 of the 2030 Monroe
County Comprehensive Plan to allow for repair and replacement of single-family homes that are
nonconforming to open space requirements. (File 42018-211)
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the 2030 Comprehensive Plan to amend Policy 101.9.4 to allow for repair and replacement of single-
family homes that are nonconforming to open space requirements.
Monroe County's current adopted Comprehensive Plan has an existing policy that allows for the
substantial improvement of reconstruction of nonconforming single-family homes that are
nonconforming to setback requirements set forth in Chapter 130 where strict compliance would
result in a reduction of lot coverage as compared to the pre-destruction footprint of the house. Policy
101.9.4 allows the reduction in setback, provided the maximum shorelines setback is maintained and
no less than ten (10) feet from the Mean High Water Line(MHWL).
Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
come to the attention of staff that some property owners are prevented from rebuilding in the pre-
destruction footprint of the house because the property is nonconforming to open space provisions
set forth in Chapter 131. In some cases, compliance with open space would mean the reduction in
size of the single-family residence and/or removal of previously approved accessory structures.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan
text amendment was held on November 27, 2018 in Marathon and provided for public input. There
were five members of the public in attendance who posed general questions about the timeframe of
implementation and who would benefit from the proposed of the proposed text amendment.
Development Review Committee and Public Input
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R.7
The Development Review Committee considered the proposed amendment at a regular meeting on
January 15, 2019 and received public input.
Planning Commission and Public Input
At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended
approval of the proposed text amendment through PC Resolution P08-19 and provided for public
comment.
Proposed Amendment(deletions are stricken through; additions are shown in underlined):
Policy 101.9.4
With the following exception, nonconforming structures which are damaged or destroyed so as to
require substantial improvement shall be repaired or restored in conformance with all applicable
provisions of the current Monroe County Code.
Substantial improvement or reconstruction of nonconforming single-family homes shall comply with
the setback and open space provisions set forth in Policy 101.5.25 and in Chapters 130 and 131 of
the Monroe County Land Development Code except where strict compliance would result in a
reduction in lot coverage as compared to the pre-destruction footprint of the house. In such cases, the
previously approved open space ratio shall be applied; and the maximum shoreline setback shall be
maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high
water.
PREVIOUS RELEVANT BOCC ACTION:
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
154-2019 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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R.7
2018-211 BOCC SR 10.16.19
2018-211 Ordinance
2018-211 Reso 154-2019
2018-211 MONROE CO. 19-05ACSC (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 09/20/2019 5:15 PM
Steve Williams Completed 09/23/2019 2:39 PM
Maureen Proffitt Completed 10/01/2019 8:25 AM
Assistant County Administrator Christine Hurley Completed
10/01/2019 8:46 AM
Budget and Finance Completed 10/01/2019 3:20 PM
Maria Slavik Completed 10/01/2019 3:22 PM
Kathy Peters Completed 10/01/2019 3:31 PM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
CL
8 as
9 To: Monroe County Board of County Commissioners M
CL
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental 0
12 Resources 0
13
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning E
15 r_
16 Date: September 20, 2019
17 0
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending Policy z
19 101.9.4 of the 2030 Monroe County Comprehensive Plan to allow for repair and Z
20 replacement of single-family homes that are nonconforming to open space requirements.
CL
21 (File 42018-211) 0
22
23 Meeting: October 16, 2019
24 E
25 I. REQUEST
26 CL
27 The Monroe County Planning & Environmental Resources Department is proposing amendments CL
28 to the 2030 Comprehensive Plan to amend Policy 101.9.4 to allow for repair and replacement of
29 single-family homes that are nonconforming to open space requirements. U
30
31 II. BACKGROUND INFORMATION g
24
32
33 Monroe County's current adopted Comprehensive Plan has an existing policy that allows for the
34 substantial improvement or reconstruction of nonconforming single-family homes that are CD
7
35 nonconforming to setback requirements set forth in Chapter 131 of the Land Development Code CD
36 where strict compliance would result in a reduction of lot coverage as compared to the pre-
37 destruction footprint of the house. Policy 101.9.4 allows a reduction in setbacks, provided the
38 maximum shoreline setback is maintained and no less than ten(10)feet from the Mean High Water coi
39 Line (MHWL). to
40 0
41 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
42 come to the attention of staff that some property owners are prevented from rebuilding in the pre-
Go
43 destruction footprint of the house because the property is nonconforming to open space provisions T_
44 set forth in Chapter 130. In some cases, compliance with open space would mean the reduction in N
45 size of the lawfully established single-family residence.
46 E
47
48
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I Community Meeting and Public Participation
2 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive
3 Plan text amendment was held on November 27, 2018 in Marathon and provided for public input.
4 There were five members of the public in attendance who posed general questions about the 0i
5 timeframe of implementation and who would benefit from the proposed of the proposed text Q
6 amendment.
7 0
8 Development Review Committee and Public Input a.
9 The Development Review Committee considered the proposed amendment at a regular meeting
10 on January 15, 2019 and received public input.
11 �
12 Planning Commission and Public Input 0
13 At a regular meeting held on February 27, 2019, the Planning Commission (PC) recommended 0
14 approval of the proposed text amendment through PC Resolution P0849 and provided for public E
15 comment. 0
16 0
17 Previous Relevant BOCC Action: 0
18 On May 22, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider
19 the transmittal of the proposed text amendment, considered the staff report, and provided for public
20 comment and public participation in accordance with the requirements of state law and the
21 procedures adoption for public participation in the planning process. The BOCC adopted 0
22 Resolution 154-2019 transmitting the proposed amendment to the State Land Planning Agency
23 (DEO) for review and comment.
24
25 Following their review of the proposed amendment,DEO issued an Objections,Recommendations
26 and Comments (ORC) report on September 6, 2019 (attached). The ORC report did not identify
27 any objections, recommendations or comments. The County has 180 days from the date of receipt
28 of the ORC to adopt the proposed amendment, adopt the amendment with changes or not adopt the E
29 amendment. �?
30
31 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
32 T
33 Proposed Amendment(deletions are stti kef ft„-e mot,; additions are shown in underlined):
34
35 *****
36 Policy 101.9.4
37 With the following exception, nonconforming structures which are damaged or destroyed so as to
38 require substantial improvement shall be repaired or restored in conformance with all applicable
39 provisions of the current Monroe County Code.
40 0
41 Substantial improvement or reconstruction of nonconforming single-family homes shall comply
42 with the setback and open space provisions set forth in Policy 101.5.25 and in Chapters 130 and c
00
43 131 of the Monroe County Land Development Code except where strict compliance would result
44 in a reduction in lot coverage as compared to the pre-destruction footprint of the house. In such N
45 cases, the previously approved open space ratio shall be applied; and the maximum shoreline a
46 setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet E
47 from mean high water.
48 *****
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R.7.a
I IV. ANALYSIS OF PROPOSED AMENDMENT
2
3 The following definitions are provided in the Glossary of the Comprehensive Plan:
4 • Nonconforming Structure, as used in the Comprehensive Plan and LDC,means a structure
5 which does not conform to a current provision or regulation provided in the
6 Comprehensive Plan and/or LDC. 2
c�
7 • Nonconforming Structure, Lawful, as used in the Comprehensive Plan and LDC, means a a.
8 structure which does not conform to a current provision or regulation provided in the
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9 Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully, (n
10 prior to the effective date of the ordinance adopting the current provision or regulation
11 that rendered the structure nonconforming. 0
12 • Open Space means (in relation to open space ratio calculations) that portion of any parcel
13 or area of land or water that is required to be maintained such that the area within its 0
14 boundaries is open and unobstructed from the ground to the sky. (This definition is not 0
15 intended to exclude vegetation). 0
16 z
17 Monroe County's current adopted Comprehensive Plan and Land Development Code have
18 regulations that allow for the substantial improvement or reconstruction of nonconforming single-
19 family homes that are nonconforming to setback requirements where strict compliance would 0
20 result in a reduction of lot coverage as compared to the pre-destruction footprint of the house.
21 Comprehensive Plan Policy 101.9.4 and LDC Section 102-57(e)(2)c., allow a reduction in
22 setbacks, provided the maximum shoreline setback is maintained and no less than ten (10) feet
23 from the Mean High Water Line (MHWL); however, there is no similar mechanism for single-
24 family homes that are nonconforming to open space.
25
26 Setbacks and open space requirements are inherently intertwined, but not mutually exclusive. c
27 Setbacks and open space provide areas on a parcel that are to remain unobstructed from the ground
28 upward/to the sky. Required setbacks and open space enhance aesthetics, provide massing and
29 bulk control related to light and shading, protect native habitat, and provide open areas for the
30 movement and safety of the human population utilizing the development. However,in some future T
31 land use map categories and associated zoning(land use)districts, the open space requirements are
32 much greater than any applicable setback requirements.
33
34 During the 2016 update to the Land Development Code and Comprehensive Plan the open space
35 requirement was increased in at least one future land use map category and land use (zoning)
36 district. The Land Development Code and Comprehensive Plan were not updated to allow lawfully
37 established single family residences the same flexibility with nonconforming single-family homes
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38 to open space, as provided for setbacks.
39 i
40 Comprehensive Plan Objective 101.9 requires the County to reduce or eliminate the frequency of00
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41 structures which are inconsistent with the land development regulations, zoning districts, Future
42 Land Use categories and the Future Land Use Map, while recognizing that some nonconforming
43 structures are an important part of the community character. The proposed amendment would allow a
44 for substantial improvement of single-family homes that are nonconforming to open space E
45 requirements, to utilize the previously approved open space ratio while maintaining the maximum
46 shoreline setback.
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I V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
3
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
5 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
6 �_'
2
7 GOAL 101 0
a.
8 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
9 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
10
11 Objective 101.1
12 Monroe County shall ensure that all development and redevelopment taking place within its 0
13 boundaries does not result in a reduction of the level-of-service requirements established and
14 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive E
15 plan amendments include an analysis of the availability of facilities and services or demonstrate r_
16 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
17 z
18 Objective 101.9
19 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent 0
20 with the applicable provisions of the land development regulations, zoning districts, Future
21 Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming 0
22 structures are an important part of the community character and the County desires to maintain
23 such character and protect these lawfully established, nonconforming structures and allow them
24 to be repaired or replaced. [§163.3177(6)(a)2.e., F.S.] E
25
26 B. The amendment is consistent with the Principles for Guiding Development for the Florida
27 Keys Area, Section 380.0552(7), Florida Statutes.
28 0
29 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
30 with the principles for guiding development and any amendments to the principles,the principles
31 shall be construed as a whole and no specific provision shall be construed or applied in isolation 2
32 from the other provisions.
33
34 (a) Strengthening local government capabilities for managing land use and development so that
35 local government is able to achieve these objectives without continuing the area of critical
36 state concern designation.
37 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
38 seagrass beds, wetlands, fish and wildlife, and their habitat.
39 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
40 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
41 beaches, wildlife, and their habitat.
42 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
00
43 economic development.
44 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
45 Keys.
46 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
47 environment, and ensuring that development is compatible with the unique historic character
48 of the Florida Keys.
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I (g) Protecting the historical heritage of the Florida Keys.
2 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
3 proposed major public investments, including:
4
5 1. The Florida Keys Aqueduct and water supply facilities;
6 2. Sewage collection, treatment, and disposal facilities;
7 3. Solid waste treatment, collection, and disposal facilities; 0
8 4. Key West Naval Air Station and other military facilities;
as
9 5. Transportation facilities;
10 6. Federal parks, wildlife refuges, and marine sanctuaries;
11 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
12 properties; 0
13 8. City electric service and the Florida Keys Electric Co-op; and
14 9. Other utilities, as appropriate. E
15 0
16 (i) Protecting and improving water quality by providing for the construction, operation, 0
17 maintenance, and replacement of stormwater management facilities; central sewage 0
18 collection; treatment and disposal facilities; and the installation and proper operation and
19 maintenance of onsite sewage treatment and disposal systems. z
20 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
21 operation of wastewater management facilities that meet the requirements of ss. 0
22 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
23 central wastewater treatment facilities through permit allocation systems.
24 (k) Limiting the adverse impacts of public investments on the environmental resources of the
25 Florida Keys.
26 (1) Making available adequate affordable housing for all sectors of the population of the Florida
a
27 Keys.
28 (m)Providing adequate alternatives for the protection of public safety and welfare in the event E
29 of a natural or manmade disaster and for a postdisaster reconstruction plan. �?
30 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
31 maintaining the Florida Keys as a unique Florida resource.
32 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent T
33 with the Principles for Guiding Development as a whole and is not inconsistent with any
34 Principle.
35
36 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
37 (F.S.). Specifically, the amendment furthers: �i
38 cis
39 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve
40 and enhance present advantages; encourage the most appropriate use of land, water, and 0
41 resources, consistent with the public interest; overcome present handicaps; and deal co coi
42 effectively with future problems that may result from the use and development of land within
43 their jurisdictions. Through the process of comprehensive planning, it is intended that units 00
44 of local government can preserve, promote, protect, and improve the public health, safety,
45 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
46 general welfare; facilitate the adequate and efficient provision of transportation, water, E
47 sewerage, schools, parks, recreational facilities, housing, and other requirements and 0
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I services; and conserve, develop, utilize, and protect natural resources within their
2 jurisdictions.
3
4 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
5 legal status set out in this act and that no public or private development shall be permitted
6 except in conformity with comprehensive plans, or elements or portions thereof, prepared
7 and adopted in conformity with this act. 0
8
9 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
10 and strategies for the orderly and balanced future economic, social,physical, environmental,
11 and fiscal development of the area that reflects community commitments to implement the
12 plan and its elements. These principles and strategies shall guide future decisions in a 0
13 consistent manner and shall contain programs and activities to ensure comprehensive plans
14 are implemented. The sections of the comprehensive plan containing the principles and
15 strategies, generally provided as goals, objectives, and policies, shall describe how the local 0
16 government's programs, activities, and land development regulations will be initiated, 0
17 modified, or continued to implement the comprehensive plan in a consistent manner. It is not 0
18 the intent of this part to require the inclusion of implementing regulations in the
19 comprehensive plan but rather to require identification of those programs, activities, and land
20 development regulations that will be part of the strategy for implementing the comprehensive
21 plan and the principles that describe how the programs, activities, and land development 0
22 regulations will be carried out. The plan shall establish meaningful and predictable standards
23 for the use and development of land and provide meaningful guidelines for the content of
24 more detailed land development and use regulations.
25
26 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory
27 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
28 shall be implemented, in part, by the adoption and enforcement of appropriate local E
29 regulations on the development of lands and waters within an area. It is the intent of this act �?
30 that the adoption and enforcement by a governing body of regulations for the development
31 of land or the adoption and enforcement by a governing body of a land development code for 0
32 an area shall be based on, be related to, and be a means of implementation for an adopted
33 comprehensive plan as required by this act.
34
35 VI. PROCESS
36
37 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
38 Planning Commission, the Director of Planning, or the owner or other person having a contractual
39 interest in property to be affected by a proposed amendment. The Director of Planning shall review
40 and process applications as they are received and pass them onto the Development Review 0
41 Committee and the Planning Commission.
4200
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43 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
44 review the application, the reports and recommendations of the Department of Planning &
45 Environmental Resources and the Development Review Committee and the testimony given at the
46 public hearing. The Planning Commission shall submit its recommendations and findings to the
47 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
48 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
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I recommendation, and the testimony given at the public hearing. The BOCC may or may not
2 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State
3 Land Planning Agency, which then reviews the proposal and issues an Objections,
4 Recommendations and Comments (ORC)Report. Upon receipt of the ORC report, the County has 0i
5 180 days to adopt the amendments, adopt the amendments with changes or not adopt the
6 amendment.
7 0
8 VII. STAFF RECOMMENDATION
9
10 Staff recommends approval of the proposed amendment. �s
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6
7 MONROE COUNTY, FLORIDA
ON . CIF COUNTY Y BOARD OF COUNTY COMMISSIONERS 2
10
11 AN ORDINANCE THE NROE COUNTY BOARD OF �
12 COUNTY COMMISSIONERS F'1SI ING POLICY 101.9..4 OF
13 THE 20 0 MONROE COUNTY COMPREHENSIVE PLAN TO �
1.4 ALLOW RESIDENTIAL DWELLING UNITS WITH LAWFULLY
15 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE _
16 PREVIOUSLY PP' OVED OPEN SPACE RATIO IN CASES' E
17 WHERE COMPLIANCE PLIANC IT" CURRENT OPEN SPACE
�;+� �p'7 r-
1.S REGULATIONS T'IONS WOULD RESULT L IN A REDUCTION IN LOT 0
19 COVERAGE;GE; PROVIDING FOR SEVER ABILITY;Y; PROVIDING
20 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
21 FC11Et TRANSMITTAL TO THE STATE T LAND PLANNING
22 AGENCY AND THE SECRETARY C1'F STATE; PROVIDING FOR
23 INCLUSION LUSION IN THE MONROE COUNTY COMPREHENSIVE
24 PLAN; PROVIDING FOR EFFECTIVE DATE.
25 �p
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26
27
28 WHEREAS, on November 27, 2018 a community meeting was held, as required by LDC �
29 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
30 provide for public; participation; and 0
31
32 WHEREAS, on January 15, 2019, the : Monroe County Development review Committee
33 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and
34
35 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
36 Comprehensive Plan, to amend Policy 1.01.9.4 to allow for repair and replacement of single-family
37 homes that are nonconforming to open space requirements and
38
39 WHEREAS,the Monroe County:planning Commission held a public hearing on February
40 27, 2019, for review and recommendation on the proposed amendment; and E
41
42 WHEREAS, the Planning Commission was presented with the following docuurnents 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 I. Staff report prepared by Cheryl Ci.offari, Comprehensive Planning Manager, dated
2 February 12, 2019;
3 1 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 0i
7
8 WHEREAS, based upon the information and documentation submitted, the Planning
.2
9 Commission made the following Findings of Fact and Conclusions of Law: 0
10
11 1. The proposed amendment is consistent with the Goals, ObJ ectives and Policies of the
12 Monroe County Year 2033O Comprehensive Plan; and (n
13 1 The proposed amendment is consistent with the Principles for Guiding Development
14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 0
15 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and S
16 E
I-
0
4-
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P08-19 r-
0
18 recommending approval of the proposed amendment; and
19 0
z
20 WHEREAS, at a regular meeting held on the 22"" day of May 2019, the Monroe County
z
21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 0
22 text amendment, considered the staff report and provided for public comment and public IL
0
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process; and
25 E
26 WHEREAS, at the May 22, 2019, public hearing, the BOCC adopted Resolution 154-
27 2019, approving transmittal of the proposed text arriendi"nent to the State Land Planning Agency, IL
28 and E
0
29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recorm-nendations and Comments (ORC) report, received by the County on
32 September 6, 20 1,9; and
33 0
Ir-
Ir-
34 WHEREAS, the ORC report did not identify any objections, recommendations or
00
35 cornments; and
36
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 16'h 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
4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
5 as follows (Deletions are shown stricken through; additions are shown underlined):
6
7 Po,licy 101.9.4
8 With the following exception, nonconforming structures which are damaged or .2
0
9 destroyed so as to require substantial improvement shall be repaired or restored in a.
10 conformance with all applicable provisions of the current Monroe County Code. 0 0
11
12 Substantial improvement or reconstruction of nonconforming single-family homes
13 shall comply with the setback and open space provisions set forth in Poljcy 101.5.25
0
14 and in Chapters 1.30 and 131 of the Monroe County Land Development Code except
15 where strict compliance would result in a reduction in lot coverage as compared to E
16 the pre-destruction footprint of the house. In such cases, the previously approved 0
17 open space ratio shall be applied; and the maximum shoreline setback shall be 0
18 maintained and in no event shall the shoreline setback be less than ten (10) feet
0
19 from mean high water, z
20 z
0
21 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
22 provision of this ordinance is held invalid, the remainder of this ordinance shall not 0
23 be affected by such validity.
24
25 Section, 3., ReL)eal of Inconsistent Provisions. All ordinances or parts of ordinances in E
26 conflict with this ordinance are hereby repealed to the extent of said conflict,
27 IL
28 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the E
0
29 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
30
31, Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
32 Secretary of the State of Florida but shall not become effective until a notice is
0
33 issued by the State Land Planning Agency or Administration Commission finding
34 the amendment in compliance with Chapter 163, Florida Statutes and after any 00
35 applicable challenges have been resolved.
36
37 Section 6. Inclusion in the Comprehensive Plan. The text amendment ,,-hall be incorporated E
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing
39 amendment may be renumbered to conform to the numbering in the Monroe County <
40 Comprehensive Plan.
41
Ord. -2019 Page 3 of 4
File#20 18-211
Packet Pg. 2509
I PASSED AND TED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the day of
3
4 Mayor Sylvia Murphy
5 Mayor Pro Tem, Danny L. Kolhage
6 Commissioner Heather Carruthers
7 Commissioner Michelle Coldiron
8 Commissioner David Rice
.2
9 0
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
,12 (n
13 BY
14 MAYOR SYLVIA MURPHY 0
15 (SEAL)
16 E
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17 ATTEST: KEVIN MA DO CLERK r-
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18
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19 z
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20 DEPUTY CLERK z
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Ord, -2019 Page 4 of 4
File#2018-211
Packet Pg. 2510
Kevin Madok, cpA
Derk of tfie Omit Court&CamptroHer—Monroe County, H&Ida
DATE: May 31, 2019
TO: Emily Schemper, Senior Director
.2
Planning& .Environmental Resources 0
ATTN: Alison Smith, Executive Assistant
FROM: Parnela.Hancock, D.C.
0
SUBJECT: May 22,d BOCC Meeting
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Enclosed is a certified copy of Resolution No. 154-2019 transmitting to the State Laiid r-
0
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Planning Agency as proposed Ordinance by the Monroe Counly Board ol'County Comi-nissioners r-
0
aniending Policy 101.9.4 of the Monroe County Year 2030 Comprehe-tisive Plan to allow z
residential dwelling units with lawfully nonconforming open space to redevelop at the preNriously I
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approved open space ratio in cases where compliance with currcnt,open space regulations would
result.in as reduction in lot.coverage. IL
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Should you have any questions, please feel Iree to contact,nie at(305) 292-3550.
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KEY WEST MAFIATHUN PLANIATG�q KEY 11WROTH BLflLDIN(-,
500 WhiteheadSlreet 3 117 Ovenseas IH ighway 88820 0�ferseas Highway 50 High Pdnt Road
Key West,RaAa 33040 Marathon,Flodda 33050 ftntation Key,Rodda 33070 PUitabon Key,Rxida N
305-294-4641 305-289-.6027 305--852-7145 305-852-7145
1 M- -ICA A
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8 MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
4o RESOLUTION NO. 154 - 201.9CL
�
12 cas
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
15 LAND PLANNING AGENCY Y AN ORDINANCE INANC; Y THE MONROE
16 COUNTY BOARD ' COUNTY COMMISSIONERS AMENDING INCH
18 COMPREHENSIVE PLAN TO ALLOW RESIDENTIAL
49 DWELLING UNITS WITH LAWFULLY NONCONFORMING
20 OPEN SAC. 'TO REDEVELOPAT THE PREVIOUSLY
24 APPROVED IP N SPACE RATIO IN CASES WHERE
22 COMPLIANCE WITT CURRENT OPEN SPACE ;CAI:LATI NS
23 WOULD RESULT IN A REDUCTION IN LOT COVERAGE;
24 PROVIDING FOR SEV.E . A 1LITY; PROVIDING FOR ]PEAL
25 OF CONFLICTING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND .PLANNING AGENCY Y
27 AND THE SECRETARY OF STATE; PROVIDING FOR r-
28 INC;1.111SICDN IN THE COUNTY COMPREHENSIVE L
29 PLAN; PROVIDING 'CD AN EFFECTIVEATE. 0.
30
34
32 WHEREAS, the Monroe County Brand of County ty Commissioners issionners conducted a public
3 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
34 Process in Sec. 163031 4(4), F.S., to the State 1,annd Planning Agency for objections, LO
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35 recommendations and comments, and to the other Reviewing Agencies as defined Ili See. U)
36 163031 4(1)(c), F.So, for review d comment on a proposedamendment to tine o County ouun ty �
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37 Year 2030 Comprehensive Plan as described above; and
38
00
39 WHEREAS, the Monroe County ty Planning Commission nssion d the Monroe County Board
40 of County Commissioners support the requested text amendment;
44
42 NOW THEREFORE, BE IT RESOLVED BY 'THE BOARDOF COUNTY �
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
Resolution No. ....�::.5.��......- 2019 ]Page I of 2
File 201 -211.
45 Section 1. The Board Of County Commissioners does hereby adopt the recommendation of
46 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
47 for adoption of the proposed text amendment.
48
49 Section 2® The Board of County Commissioners does hereby transmit the proposed Q�
50 amendment to the State Land Plannin Agency for review and comment i 0i
9 in Ir:
51 accordance with the State Coordinated Review process pursuant to Section
52 163.3184(4), Florida Statutes.
.2
53 0
54 Section 3. The Monroe County staff is given authority to prepare and submit the required
55 transmittal letter and supporting documents for the proposed amendment in
56 accordance with the requirements of Section 163,3184(4), Florida Statutes.
57
58 Section 4. 'die Clerk of the Board is hereby directed to forward a certified copy of this
59 resolution to the Director of Planning,
60 E
I-
0
61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, r-
62 Florida, at a regular meeting of the Berard held on the 22nd day of _.Ila 2019 0
y
63 0
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64 Mayor Sylvia Murphy Yes I
z
65 Mayor Pro Tem Danny L, Kolhage _...Yea- 0
66 Commissioner Heather Carruthers Absent
67 Commissioner Michelle Coldiron ie—s 0
68 Commissioner David Rice Yes
69
70 BOARD OF COUNTY COMMISSIONERS E
71 <
OF' MONR.OE UNT , j.,0RIDA
72
(L
73 BY CL
E
A R LVIA MURP
74 M 4a;HY 0
75
76
14
77 A f IN MATOK, CLERK `I
78 LO
79 DE.Pury CLERK OE COUNTY ATWRN61 0
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ItOVED AS 4)
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Resolution No. 154 - 2019 Page 2 of 2
.File 2018-21. 1.
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Exhibit A
3
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5 Pf
MON OE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -20 .9 �
10 �
11 AN ORDINANCE BY THE MONROE COUNTY BOA OF'
12 COUNTY COMMISSIONERS AMENDING POLI Y 101.9.4 OF �
13 THE 2030 MONROE COUNTY COMPRE HENSIVE PLAN TO 0
14 ALLOWRESIDENTIAL DWELLING UNITS WITH LAWFULLY
15 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE I-
16 PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES
17 HE MPLIANC E ITS CUT NT OPEN SPACE �
:� C�
18 RE'GULATIONS WOULD RESULT IN A REDUCTION IN LOT 0
19 COVERAGE;E; PROVIDING FOR S . ILITY; PROVIDING
20 FOR PEAL OF C1 FLICTING PROVISIONS; PROVIDING
21 FOR T N MITTAL TO THE STATE LAND PLANNING
a.
22 AGENCY AND THE SECRETARY Y OFSTATE; PROVIDING FOR
23 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
24 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
25
26 .......... ............... .................
27
28 WHEREAS, on November 27, 2018 a community nity meeting was held, as required by 1,13C;
29 Section 102-1 9(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
30 provide for public participation; and is
31
32 WHEREAS, on Vaannn ny 15, 2019, the Monroe County Development Review Committee
33 (DRC:) reviewed the proposed amendment at a regularly scheduled meeting; and
34LO
0
35 WHEREAS, staff 1s recommending approval of the proposed amendments to the 2030 U)
36 Comprehensive Plan,to amend Policy 101.9.4 to allow for repair and replacement of single-family
37 homes that are nonconforming to open space requirements; and
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 �
42 WHEREAS, the Planning Commission was presented with the following documents nts and 0
43 other information relevant to the request, which by reference is hereby incorporated prated as part of the
44 record of said hearing:
- 9
r a_.............................. 2111.E Page 1. of
File 201. -211
n____a n_ nVA w
I I. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
2 February 12, 2019;
3 1 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
.2
0
8 WHEREAS, based upon the information and documentation submitted, the Planning a.
9 Commission made the following Findings of Fact and Conclusions of Law:
10
I I I. The proposed amendment is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Comprehensive Plan;and
0
13 2. The proposed amendment is consistent with the Principles for Guiding Development
14 for the Florida Keys Area of Critical State Concern, Sec".,380.0552(7), F.S.; and
E
15 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute;and I-
16 0
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0
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P08-19
18 recommending approval of the proposed amendment; and 0
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19
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20 WHEREAS, at a regular meeting held on the 22ndday of May 2019, the Monroe County 0
21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed IL
22 text amendment, considered the staff report and provided for p mm ublic coent and public 0
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the plan ningprocess; and
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25 <
26 WHERE,AS, at the May 22, 2019, public hearing, the BOCC adopted Resolution r-
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27 201............._-transmittal of the proposed text amendment to the State Land Planning 0.
28 Agency; and E
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29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recommendations and Comments (ORC) report, received by the County on
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32 and Ir-
33 0 U)
34 WHEREAS,the ORE report................. and
------------
35
00
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36 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
37 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
38
E
39 WHEREAS,at a regularly scheduled meeting on trine Ih e day of 201 the BOCC
40 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
41
Ord. -2019 Page 2 of 4
File #2018...211
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
5 as follows(Deletions are shown stricken through;additions are shown underlined):
6
.2
7 Policy 101.9.4 0
Q.
8 With the following exception, nonconforming structures which are damaged or
9 destroyed so as to require substantial improvement shall be repaired or restored in
10 conformance with all applicable provisions of the current Monroe County Code.
0
12 Substantial improvement or reconstruction of nonconforming single-family homes
13 shall comply with the setback and open space provisions set forth in Pnlinv I f)I '; 1,;
E
14 and in Chapters 130 and 131 of the Monroe County Land Development Code except I-
0
4-
15 where strict compliance would result in a reduction in lot coverage as compared to r_
16 the pre-destruction footprint of the house. In such cases, the eviousIa. �roved 0
17 maximum shoreline setback shall be 0
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18 maintained and in no event shall the shoreline setback be less than ten (10) feet 1
19 from mean high water. z
0
20
21 Section 2. Severabiaitya If any section, subsection, sentence, clause, item, change or
0
a
22 provision of this ordinance is held invalid,the remainder of this ordinance shall not
23 be affected by such validity.
24 E
25 Section 3. All ordinances or parts of ordinances in
26 conflict with this ordinance are hereby repealed to the extent of said conflict.
27
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28 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
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29 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. C)
30
31 Section 5. FMIJ17 and Effective Date, This ordinance shall be filed in the Office of the LO
32 Secretary of the State of Florida but shall not become effective until a notice is 0
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33 issued by the State Land Planning Agency or Administration Commission finding 0W
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34 the amendment in compliance with Chapter 163, Florida Statutes and after any
35 applicable challenges have been resolved. 00
36
37 Section 6. Inclusion in the Co preinennsive Plan. The text amendment shall be incorporated
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing E
39 amendment may be renumbered to conform to the numbering in the Monroe County
40 Comprehensive Plan.
41
Ord.—-2019 Page 3 of 4
File#2018-211
I Mayor Sylvia Murphy
2 Mayor Pro Tem Danny L. Kolhage
3 Commissioner Heather Carruthers
4 Commissioner Michelle Coldiron
5 Commissioner David is
6
7 BOARD OF C01JNT'Y COMMISSIONERS
0
8 OF MONROE COlJNTY, FLORIDA.
9
10 BY
I I MAYOR,SYLVIA MIJRPHY
12 (SEAl...)
13 0
14 ATTEST: KEVIN MADOK, CLERK S
15 E
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16 r—
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17 DEPUTY CLERK
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Ord.—-2019 flage 4 of 4
IFile #2018-211
I I
j0C KEjYEVwSF_s-r
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The Florida Keys Only Daily NewsPaPer; Est. 1676
PO Box 1300,Key West FL.33041
P:(305)292-7777 ext.219 F:(305)295-9025
tspsis keysnews,com
MONROE CO PLANNING
NELSON GOVERNMENT CENTER"
102050 OVERSEAS HWY
KEY LARGO FL 7 MONROE COUNTY
2
0
Account: 14 Ticket: 292241 BOARD OF COUNTY IL
PUBLISHER'SF
STATE OF FLORIDA NOTICE OF PUBLIC
CL
COUNTY OF MONROE
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Before the undersigned authority personally appeared %
A NOTICE OF PUBLIC E_
1 who on oath says that he or she isHEARING 00
0
of the Key West citizen,a daily NOTICE OF CHANGE TC 0
newspaper published in Key West,in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said COMPREHENSIVE PLA? Z'
newspaper in the issues ref: NOTICE OF CHANGE TC
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Ct
Sunday,May 5,2019 LAND DEVELOPMENT0
Affiant further says that the Key West citizen is a newspaper published in Key REGULATIONS
West,in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication May 22,
2019 IL
of the attached copy of advertisement;and affiant further says that he or she has CL
neither paid nor promised any person,firm or corporation any discount,rebate, NOTICE IS HEREBY GIVEN that may 22,201E
commission or refund for the urpose of securing this advertisement for publi - Mon ratty; ®f my will U
tl the sa' a ap Meeting at Ha v rat C °1 n Ave, —
°tea to review and roosive Public CW
for the ftall inItems,
(aignature ofAffiant
pijNL&JffMM CONCERNING THE PROPOSED ABANDORi 'Lo
of®re me this 6th day of May 2019 OF A PORTION OF THE hjgHT_OF-WAY OF GARDEN STATE I �
AS SHOWN ON THE PLAT' OF'CROSS KEY WATERWAY E51 O
SECTIONTHREE,PLAT BOOK 6,PAGE 61,BOUNDED ON THE N, 4
C WEST BY BLOCK 6 LOTS17 16; UNDEt7 ON THE
AEI e n U 6
,,_ .... BY BLOCK 6 LOTS 15 AND 16;AND BOLINCEO}ON THE SOUI He GARDEFT STATE SANE;SECTION 14,TOWNSHIP 161 y
". 39 EAST;KEY tAFi F�, OP�FIOE COUNTY,FLORIDA.(FIB 2018 00
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Printed Name)
(Notary a B HEARINGS: Cv
Nota Pu lic
PM,(or as soon Vorsafter as rnsy be �
My commission expires
CSF OC C
101.5,25 OF THE 3i
9MMUNTHEw <
TO DRE DEPersonally Known Produ d Identifi lion CD THE RESIDENT i
PI
Type of Identification Produced _.. _ ,�w„ „,y, _. FUTURE USE CT T ® THE PL i
yp -�""� ', ° �U�t]IVISIC3N (IS} ZONING DISTRICT T ARE NOT PL S
LOTS;'PROVIDINd FOR sEvERAsiLrry PROVIDING FOR R L
OF CONFLICTING P VISION ; PROVIDING FOR fRANS1 L
TO THE STATE i7 PLANNING AGENCY AND THE SELF Y
OF STATE;PROVIDING FOR INCLUSION IN THE M ONROE 0 Y
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DDT le
2018-196)
I I
2, . I f_ _. JIMURAE,
AMENDINGLICY 101.529 OF
THE,MONROE,GOUNTY 2WO COMPREHENSIVEPLAN TO ALLOW
EXISTING LAWFULLY ESTABLISHED RESIDENTIAL E `NG UNITS,
OTHER THAN MOBILE HOMES,TO BE, "
USES REGARDLESS1'O FUTURE LAND USEtlDERED DISTRICI;�PF
FROVI®ING'
FOR S I ; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING F6R,TRANTO E STA D
PLANNING AGENCY AND THE SEC
FOR INCLUSION IN THE MONRCIE COUNTY COMPREHENSIVE PLAN; �
PROVIDING FOR AN EFFECTIVEDATE.,(File 2018-2 )
Po, i � er`r�rsnrne®ti��taut� ,MONRC3E C�lNT1f�A��O S1F G(,�UN1Y �,
ENDING LICY 10Y: .4 OF THE 2 a2
ONROE COUNTY COMPREHENSIVE PLAN TO ALLOW RESIDENTIAL
DWELLING UNI LLY NONCONFORMING OPEN SPACE IL
TO REDEVELOP AT THE PREVIOUSLY APPROVED OPEN SPACE RATIO
JN CASES WHERE COMPLIANCE,WITH CURRENT`";OPEN SPACE
REGULATIONS WOULD RESULT IN A REDUCTION IN,LOT VE CE;
PROVIDING FOR SEVER ABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL T
E STATE LAND PLANNING AGENCY AND= E SECRETARY OF 91
0
STATE; PJ30VIDING FOR INCLUSION IN THE MONROE
COMPREHENSIVE ;PROVIDING FOR AN EFFECTIVEDATE. (File
2015-211)
t
4.AN
QQNMMLMM AMENDING SECTION 101-1 OF THE MONROE
COUNTY b DEVELOPMENT CODE CREATING A'DEFINN 0
OF NESTING AREA;,PROVIDING FOR SEVERABILITY; PROVIDING
FOR REP OF NFLICTI G PROVISIONS; PROVIDING FOR 0
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY D;
THE §ECR&ARY OF STA VIDING FOR INCLUSION IN THE
OROE COUNTY LAND DEVELOPMENT DE;PROVIDING F
EFFECTDATE.(FlIe 2016.123)
IL,oggMkWomm A ,,ENDING�sE 101-1 OF THE
COUNTY LAND-DEVELOPMENT CODE CREATING A DEFINITION OF
OFFSHORE ISLAND; AMENDING SECTION 118-10 OF ELAND'
LOPMENT. FU ER L�IFYTFIE D L ;M
OFFSHORE'ISLA' DS; k�ROIVIDING-FOR SEVERABILTTY;'PROVIDING' as
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR E
TRANSMITTAL TO THE STATE D PLANNING AGENCY D�
THE SECRETARY OF STATE PROVIDING FOR INCLUSION IN tHE'
ONE D DEVELOPMENT ;PROVIDING FOR ELAN
EFFECTIVE .(File 010-124)
91
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AMENDING MONROE COUNTY LAND"
D ELOPME SE 1 93,SUBURBAN CI
DISTRICT ), TO ALLOW PARKS TO BE PERMITTED AS OF cv
RIGHT IN THE SC LAND USE(ZONING)DISTRICT;PROVIDING FOR
.
S ILITY, PROVIDING FOR REPEAL OF CONFLICTING LO
P VISi S;P O VI NG'F R TRANSMITTAL TO THE STATE LAND _
P NIkG,AGE4 Y AND fHt,SECRETARY OF STATE; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR
AN EFFECTIVE,DAIt(File 2019-208)
Copies,of the above are available at the Monroe County Planning N
Department offices in Marathon and Key,Largo during normal business 00
1 hoursand online .mon -fL
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Pursuant to Y Section
nm2 0105 If a n to'
appeal
the Board of County
Commissloners,with rasped to any matter consldared at the meeting E
or hearing,he or she will need a record of the proceedings,and that,
for such purpose,he or she may need to Insure a verbatim record of the �
proceedingsis made,which record Includes the testimony&evidence
upon which the appeal is to
ADA ASS1STANCE.N youa a disability who needs
special acconanodations In order to participate In this proceeding,
please contact the CouqW In phoning
-4441,between the hours of 8M am.-&W p6nzn no later than
calendar days the scheduled nrawng;fI you are
call 4f®"
May3,2019
R.7.d
ti
Ron DeSands Ken Lawson
GOVERNOR EXECUTIVE DIRECTOR
FLORIDAT
ECONOMIC I
September 6, 2019 0
IL
The Honorable Sylvia Murphy
Mayor, Monroe County CL
C
102050 Overseas Hwy, Suite 234
Key Largo, Florida 33037 CL
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Dear Mayor Murphy:
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0
The Department of Economic Opportunity("Department") has completed its review of the
proposed comprehensive plan amendment for Monroe County(Amendment No. 19-05ACSC), which
was received and determined complete on July 15, 2019. We have reviewed the proposed amendment o
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,
IL
Recommendations and Comments Report. Review comments received by the Department from the
appropriate reviewing agencies, if any, are enclosed.
The County should act by choosing to adopt,adopt with changes,or not adopt the proposed E
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 L
to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt CL
of the Department's attached report,or the amendment will be deemed withdrawn unless extended by o
agreement with notice to the Department and any affected party that provided comment on the �?
amendment pursuant to Section 163.3184(4)(e)1., F.S.
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.
LO
Sin el , -
amen D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/js
Enclosure: Procedures for Adoption
Agency Comments 00
cv
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 ( 107 E. Madison Street I Tallahassee, FL 32399
850.245,7105 I www.FloridaJobs,org
www.twitter.com/FLDEO lwww.facebook.com/FLDEQ
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. 2520
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW ~v
�
SecthmnI63'3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies onCD ROM in CL
mn
Portable Document Format(PDF)to the Department of Economic Opportunity and one copy to each
entity below that provided timely comments to the local government:the appropriate Regional Planning cL
Council;Water Management District; Department of Transportation; Department of Environmental
Protection; Department ofState; the appropriate county(municipal amendments on|y);the Florida Fish
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 z
government or governmental agency that has filed a written request. '
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
Summary �
�
adopted;
Ordinance number and adoption date;
Certification
` ' 0
timely comments tothe local government; `~
Name,title, address,telephone, FAX number and e-mail address of local government contact;
LO
Letter signed by the chief elected official or the person designated by the local government.
U
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments,changes should be shown in strike-through/underline format; 2
Ir-
Ir-
In �
format, clearly depicting the parcel, its existing future land use designation,and its adopted designation; N
A copy of any data and analyses the local government deems appropriate.
Effective:June 2, 2Ol1(Updated June 2O18) Page 1ofZ
Note: if the local government is relying on previously submitted data and analysis, no additional data
and analysis brequired;
Copy of executed ordinance adopting the comprehensive plan annendment/s\;
Suggested effective date language for the adoption ordinance for state coordinated review: 0
IL
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
CL
the date the state land planning agency posts a notice of intent determining that this m»
amendment is in compliance. If the amendment is timely challenged, or if the state land
CL
planning agency issues a notice of intent determining that this amendment is not in compliance, 0
this amendment shall become effective wm the date the state land planning agency orthe '
Administration Commission enters final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Department of Economic 0
z
Opportunity did not previously review; .
List of findings of the local governing body, if any,that were not included in the ordinance and
IL
which provided the basis of the adoption or determination not to adopt the proposed amendment;
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,
0.
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Effective:June 2, 2OI1(Updated June 2O18) Page 2nf2
From: Mannino,Zercs
To: DCPexternalagencycomments
Co "cioffari- `
Subject: Monroe County,meo#zx-3AscS, 1y-4AcsC,and#n9-smCSC,Comments nn Proposed Comprehensive Plan
Amendment Packages
Date: Thursday,July zo.zozys:zo:z4pm
IL
Dear Mr. Eubanks:
CL
The South Florida WaterManagement District (District) has completed its review ofthe three ~^
proposed amendment packages from the Monroe County (County). The amendments are text CL
0
amendments to the [ounty'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
situations. There appear to be no regionally significant water resource issues; therefore, the District
fnrvvardsno comments nn the proposed amendment package.
. �
The District offers its technical assistance to the County and the Department of Economic z
Opportunity in developing sound, sustainable solutions to meet the Count/s future water supply
needs and to protect the region's water resources. Please forward a copy of the adopted
IL
amendments to the District. Please contact meifyou need assistance oradditional information.
Sincerely,
Ms. Terry Manning, Policy and Planning Analyst �
South Florida Water Management District IL
Water Supply Implementation Unit CL
33O1 Gun Club Road o
�
West Palm Beach, FL 33406 `~
Phone: S61-682-6779
Fax: 561-682-6264 0�
E-Mail:
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From: Hight.Jason
To: XPexternalagencycornmen ; Barbra,i)owell(.@deo.mvflorida.com;cioffari-chetylCo)monroecounly-fl.Qov
Cc: Raininaer.Christine;Wallace.Traci
Subject: Monroe County 19-3ACSC,19-4ACSC, 19-SACSC
Date: Tuesday,July 23,2019 9:27:31 AM
............................. ..........................
Ca
Dear Ms. Cioffari: 0
(L
Florida Fish and Wildlife Conservation Commission(FWC) staff has reviewed the proposed
comprehensive plan amendments in accordance with Chapter 163.3184(3), Florida Statutes. (n
r-
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. 0
If you need any far-ther assistance,please do not hesitate to contact our office by email at E
FWCConservationPlanningServices(�a),MYFWC.com. If you have specific technical questions, I-
please contact Christine Raininger at(561) 882-5811 or by email at
0
Christine.Raininger&Y_3�17WC.co
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Sincerely, I
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Jason Hight
(L
Biological Administrator 11 0
Office of Conservation Planning Services
Division of Habitat and Species Conservation
620 S. Meridian Street, MS 5B5 as
Tallahassee,FL 32399-1600 <
(850) 228-2055 r-
(L
Monroe County 19-3ACSC 39864 91
Monroe County 19-4ACSC 39865 E
0
Monroe County 19-5ACSC 39866
0
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R.7.d
From: Manning Terese
To: DCPextemalaaencycomments
Cc: Powell.Barbara;Isabel Cosio Carballo(isabelcCa)sfr cp com);Isabel Moreno limoreno@ sfr c.com);"cioffari- cr;
cheryWmonroecounty-fl.goy"
Subject: Monroe County,DEO#19-3ASCS, 19-4ACSC,and#19-5ACSC,Comments on Proposed Comprehensive Plan
Amendment Packages
Date: Thursday,July 18,2019 5:26:24 PM
a®
IL
Dear Mr. Eubanks:
CL
las
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 CL
amendments to the County'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
situations. There appear to be no regionally significant water resource issues; therefore,the District
forwards no comments on the proposed amendment package.
0
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 region's water resources. Please forward a copy of the adopted
IL
amendments to the District. Please contact me if you need assistance or additional information.
Sincerely,
Ms.Terry Manning, Policy and Planning Analyst
South Florida Water Management District IL
Water Supply Implementation Unit CL
3301 Gun Club Road
West Palm Beach, FL 33406
Phone: 561-682-6779
Fax: 561-681-6264
E-Mail: tmanningCcDsfwmd.gov
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Packet Pg. 2525
From: Plan Review
To: Eubanks.Ra ;XPexternalagencycornments
Cc: Plan Review
Subject: Monroe County 19-SACSC Proposed
Date: Tuesday,August 13,2019 4:50:55 PM
Attachments: image002.pricl
....................................... ................. .2
0
To: Ray Eubanks, DEO Plan Review Administrator (L
Re: Monroe County 19-5ACSC—State Coordinated Review of Proposed Comprehensive cas
Plan Amendment
0
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection(Department)has reviewed the above-referenced amendment package under the
E
provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that I-
42
focused on potential adverse impacts to important state resources and facilities, specifically: a
0
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 0z
easements; solid waste; and water and wastewater treatment. I
z
0
Based on our review of the submitted amendment package,the Department has found no
a.
provision that, if adopted, would result in adverse impacts to important state resources subject 0
to the Department's jurisdiction.
Please submit all future amendments by email to 121an.review&floridad=.go If your as
submittal is too large to send via email or if you need other assistance, contact Lindsay <
Weaver at(850) 717-9037.
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