Item R08 R.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: R.8
Agenda Item Summary #6105
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 an ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Development Code, Section
102-57(e)(2)c., to allow residential dwelling units with lawfully nonconforming open space to
redevelop at the previously approved open space ratio in cases where compliance with current open
space regulations would result in a reduction in lot coverage.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to
the Land Development Code to amend Section 102-57(e)(2)c., to allow residential dwelling units
with lawfully nonconforming open space to redevelop at the previously approved open space ratio in
cases where compliance with current open space regulations would result in a reduction in lot
coverage and consider amendments to clarify the maximum shoreline setback therein.
Monroe County's current adopted Comprehensive Plan and Land Development Code has 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 131 where strict
compliance would result in a reduction of lot coverage as compared to the pre-destruction footprint
of the house. LDC Section 102-57(e)(2)c. allows the reduction in setback, provided the maximum
shoreline 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 Land Development
Code text amendment was held on March 26, 2019 in Marathon and provided for public input. There
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R.8
was no public in attendance.
Development Review Committee and Public Input
At a regular meeting held on April 23, 2019, the Development Review Committee(DRC) considered
the proposed Comprehensive Plan text amendment and provided for public comment.
Planning Commission and Public Input
At a regular meeting held on May 29, 2019, the Planning Commission (PC) recommended approval
of the proposed text amendment through PC Resolution P21-19 and provided for public comment.
Proposed Amendment(deletions are L-m th r- additions are shown in underlined):
Chapter 102 —ADMINISTRATION
Sec. 102-57 Nonconforming Structures.
(e)Termination.
(2) Damage or destruction.
c. Substantial improvement or reconstruction of nonconforming single-family residences
shall comply with all applicable setback and open space provisions of this Land
Development Code set forth in Chapters 130 and 131 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 corresponding proposed Comprehensive Plan text amendment (File 2018-211),
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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R.8
DOCUMENTATION:
2019-021 BOCC SR 10.16.19
2019-021 Ordinance
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 09/20/2019 4:58 PM
Steve Williams Completed 09/23/2019 2:44 PM
Maureen Proffitt Completed 10/01/2019 8:34 AM
Assistant County Administrator Christine Hurley Completed
10/01/2019 8:46 AM
Budget and Finance Completed 10/01/2019 10:51 AM
Maria Slavik Completed 10/01/2019 10:54 AM
Kathy Peters Completed 10/01/2019 11:12 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
04 Go
8 CD
04
9 To: Monroe County Planning Commission as
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
12 Resources CL
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13
as
14 From: Cheryl Cioffari, AICP, Assistant Director of Planning CL
0
15
16 Date: September 20, 2019
17 0
18 Subject: An ordinance by the Monroe County Board of County Commissioners amending the 0
19 Monroe County Land Development Code, Section 102-57(e)(2)c., to allow residential r_
20 dwelling units with lawfully nonconforming open space to redevelop at the previously z
21 approved open space ratio in cases where compliance with current open space regulations
22 would result in a reduction in lot coverage. (File 42019-021)
23
24 Meeting: October 16 2019 X
25 1
U
26 I. REQUEST
27
28 The Monroe County Planning & Environmental Resources Department is proposing amendments
29 to the Land Development Code to amend Section 102-57(e)(2)c.,to allow residential dwelling units .0
30 with lawfully nonconforming open space to redevelop at the previously approved open space ratio
31 in cases where compliance with current open space regulations would result in a reduction in lot 2
32 coverage. 7
33 7
34 IL BACKGROUND INFORMATION
35 i
36 Monroe County's current adopted Comprehensive Plan and Land Development Code has existing i
37 policy that allows for the substantial improvement of reconstruction of nonconforming single- U
38 family homes that are nonconforming to setback requirements set forth in Chapter 131 where strict
39 compliance would result in a reduction of lot coverage as compared to the pre-destruction footprint
CD
40 of the house. LDC Section 102-57(e)(2)c. allows the reduction in setback,provided the maximum
41 shoreline setback is maintained and no less than ten (10) feet from the Mean High Water Line
42 (MHWL).
43 a
44 Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
45 come to the attention of staff that some property owners are prevented from rebuilding in the pre-
46 destruction footprint of the house because the property is nonconforming to open space provisions
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I set forth in Chapter 131. In some cases, compliance with open space would mean the reduction in
2 size of the single-family residence and/or removal of previously approved accessory structures.
3
4 Community Meeting and Public Participation
5 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Land Development
6 Code text amendment was held on March 26, 2019 in Marathon and provided for public input.
7 There was no public in attendance.
00
9 Development Review Committee and Public Input
10 At a regular meeting held on April 23, 2019, the Development Review Committee (DRC)
11 considered the proposed Comprehensive Plan text amendment and provided for public comment.
12
13 Planning Commission and Public Input
14 At a regular meeting held on May 29,2019,the Planning Commission(PC)recommended approval
15 of the proposed text amendment through PC Resolution P21-19 and provided for public comment.
16
17 Previous Relevant BOCC Action 0
18 On May 22, 2019, at a regularly scheduled meeting, the BOCC held a public hearing to consider r_
19 the transmittal of the corresponding proposed Comprehensive Plan text amendment (File 2018- r_
20 211), considered the staff report, and provided for public comment and public participation in z
21 accordance with the requirements of state law and the procedures adoption for public participation
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. E
24 X
25 The BOCC will consider the corresponding Comprehensive Plan text amendment at the October 1
0
26 16, 2019 regularly scheduled meeting.
27
28 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
29 g
30 Proposed Amendment(deletions are sly; additions are shown in underlined).
31
32 Chapter 102 —ADMINISTRATION
33 *****
34 Sec. 102-57 Nonconforming Structures.
35
36 (e) Termination.
37 *****
38 (2) Damage or destruction.
39 *****
40 c. Substantial improvement or reconstruction of nonconforming single-family residences shall
41 comply with all applicable setback and open space provisions of this Land Development Code
N
42 set forth in Chapters 130 and 131 except where strict compliance would result in a reduction in
43 lot coverage as compared to the pre-destruction footprint of the house. In such cases, the
E
44 previously aproved open space ratio shall be aplied; and the maximum shoreline setback shall
45 be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean
46 high water.
47 *****
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I IV. ANALYSIS OF PROPOSED AMENDMENT
2
3 The following definitions are provided in Section 101-1 of the LDC:
4 • Nonconforming structure means a structure which does not conform to a current provision
5 or regulation provided in the Comprehensive Plan and/or this LDC.
600
7 • Nonconforming structure, lawful means a structure which does not conform to a current
8 provision or regulation provided in the Comprehensive Plan and/or this LDC, but was
9 permitted, or otherwise in existence lawfully, prior to the effective date of the ordinance
10 adopting the current provision or regulation that rendered the structure nonconforming.
11 • Open Space means (in relation to open space ratio calculations) that portion of any parcel
12 or area of land or water that is required to be maintained such that the area within its
13 boundaries is open and unobstructed from the ground to the sky (This definition is not
14 intended to exclude vegetation from required open space).
15
0
16 Monroe County's current adopted Comprehensive Plan and Land Development Code have r_
17 regulations that allow for the substantial improvement of reconstruction of nonconforming single-
18 family homes that are nonconforming to setback requirements where strict compliance would result z
19 in a reduction of lot coverage as compared to the pre-destruction footprint of the house.
20 Comprehensive Plan Policy 101.9.4 and LDC Section 102-57(e)(2)c., allows the reduction in
21 setback, provided the maximum shorelines setback is maintained and no less than ten (10) feet E
22 from the Mean High Water Line (MHWL); however, there is no similar mechanism for single- X
23 family homes that are nonconforming to open space.
24
25 Setbacks and open space requirements are inherently intertwined, but not mutually exclusive.
26 Setbacks and open space provide areas on a parcel that are to remain unobstructed from the ground
27 upward/to the sky. Required setbacks and open space enhance aesthetics,protect native habitat and 0
28 provide open areas for the movement and safety of the human population utilizing the development.
29 However, in some future land use map categories and associated zoning (land use) districts, the
30 open space requirements are much greater than any applicable setback requirements.
31
32 During the 2016 update to the Land Development Code and Comprehensive Plan the open space 6
33 requirement was increased in at least one future land use map category and land use (zoning) i
34 district. The Land Development Code and Comprehensive Plan were not updated to allow lawfully
35 established single family residences the same flexibility with nonconforming single-family homes
36 to open space, as provided for setbacks. 0
37
38 Comprehensive Plan Objective 101.9 requires the County to reduce or eliminate the frequency of
39 structures which are inconsistent with the land development regulations, zoning districts, Future
40 Land Use categories and the Future Land Use Map, while recognizing that some nonconforming
41 structures are an important part of the community character. The proposed amendment would allow
42 for substantial improvement of single-family homes that are nonconforming to open space
43 requirements, to utilize the previously approved open space ratio while maintaining the maximum
44 shoreline setback.
45
46 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
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I The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
2 158(d)(7)(b):
3
4 1. Changed projections (e.g., regarding public service needs) from those on which the text or
5 boundary was based;
6 N/A00
7
8 2. Changed assumptions (e.g., regarding demographic trends);
9 N/A
10 3. Data errors, including errors in mapping, vegetative types and natural features described in
11 volume 1 of the plan;
12 N/A
13
14 4. New issues; E
0
15 N/A r_
16
0
17 5. Recognition of a need for additional detail or comprehensiveness; or
18
19 The current LDC has regulations that allow for the substantial improvement of reconstruction of E
20 nonconforming single-family homes that are nonconforming to setback requirements where strict X
21 compliance would result in a reduction of lot coverage as compared to the pre-destruction 10
22 footprint of the house. Comprehensive Plan Policy 101.9.4 and LDC Section 102-57(e)(2)c.,
23 allows the reduction in setback,provided the maximum shorelines setback is maintained and no
24 less than ten (10) feet from the Mean High Water Line (MHWL); however, there is no similar
25 mechanism for single-family homes that are nonconforming to open space.
26 T
27 6. Data updates;
28 N/A
29
30 In no event shall an amendment be approved which will result in an adverse community change �i
31 to the planning area in which the proposed development is located or to any area in accordance
32 with a livable communikeys master plan pursuant to findings of the board of county
33 commissioners.
i
34 The proposed text amendment is not anticipated to result in an adverse community change. All N
35 development shall be required to comply with level of service, concurrency, the regulations set forth
36 in the Land Development Code and the Florida Building Code.
37
38 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE E
39 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
40
41 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
42 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
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I GOAL 101
2 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
3 County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.]
4
5 Objective 101.1
6 Monroe County shall ensure that all development and redevelopment taking place within its
7 boundaries does not result in a reduction of the level-of-service requirements established and 00
8 adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
9 plan amendments include an analysis of the availability of facilities and services or demonstrate a
10 that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
11
12 Objective 101.9
13 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent
14 with the applicable provisions of the land development regulations, zoning districts, Future
15 Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming
16 structures are an important part of the community character and the County desires to maintain
17 such character and protect these lawfully established, nonconforming structures and allow them
Im
18 to be repaired or replaced. [§163.3177(6)(a)2.e., F.S.] r_
19
20 B. The amendment is consistent with the Principles for Guiding Development for the Florida z
21 Keys Area, Section 380.0552(7), Florida Statutes.
22
23 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
24 with the principles for guiding development and any amendments to the principles,the principles X
25 shall be construed as a whole and no specific provision shall be construed or applied in isolation 10
26 from the other provisions.
27
28 (a) Strengthening local government capabilities for managing land use and development so that
29 local government is able to achieve these objectives without continuing the area of critical
30 state concern designation. T
31 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
32 seagrass beds, wetlands, fish and wildlife, and their habitat.
33 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
34 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and 6
35 beaches, wildlife, and their habitat.
36 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
37 economic development.
38 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 0
39 Keys.
40 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
41 environment, and ensuring that development is compatible with the unique historic character
42 of the Florida Keys.
43 (g) Protecting the historical heritage of the Florida Keys.
44 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and E
45 proposed major public investments, including:
46
47 1. The Florida Keys Aqueduct and water supply facilities;
48 2. Sewage collection, treatment, and disposal facilities;
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1 3. Solid waste treatment, collection, and disposal facilities;
2 4. Key West Naval Air Station and other military facilities;
3 5. Transportation facilities;
4 6. Federal parks, wildlife refuges, and marine sanctuaries;
5 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
6 properties; N
7 8. City electric service and the Florida Keys Electric Co-op; and i
8 9. Other utilities, as appropriate.
9 (i) Protecting and improving water quality by providing for the construction, operation,
10 maintenance, and replacement of stormwater management facilities; central sewage
11 collection; treatment and disposal facilities; and the installation and proper operation and
12 maintenance of onsite sewage treatment and disposal systems.
13 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
14 operation of wastewater management facilities that meet the requirements of ss.
15 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by 0,
16 central wastewater treatment facilities through permit allocation systems.
17 (k) Limiting the adverse impacts of public investments on the environmental resources of the
I-
18 Florida Keys. r_
19 (1) Making available adequate affordable housing for all sectors of the population of the Florida r_
20 Keys. z
21 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
22 a natural or manmade disaster and for a postdisaster reconstruction plan.
23 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and E
24 maintaining the Florida Keys as a unique Florida resource. X
25
26 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
27 with the Principles for Guiding Development as a whole and is not inconsistent with any
28 Principle.
29
30 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute T
31 (F.S.). Specifically, the amendment furthers:
32
33 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve to
34 and enhance present advantages; encourage the most appropriate use of land, water, and
35 resources, consistent with the public interest; overcome present handicaps; and deal
36 effectively with future problems that may result from the use and development of land within
37 their jurisdictions. Through the process of comprehensive planning, it is intended that units
38 of local government can preserve, promote, protect, and improve the public health, safety, 0
39 comfort, good order, appearance, convenience, law enforcement and fire prevention, and
40 general welfare; facilitate the adequate and efficient provision of transportation, water,
41 sewerage, schools, parks, recreational facilities, housing, and other requirements and
42 services; and conserve, develop, utilize, and protect natural resources within their
43 jurisdictions.
44 E
45 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
46 legal status set out in this act and that no public or private development shall be permitted
47 except in conformity with comprehensive plans, or elements or portions thereof, prepared
48 and adopted in conformity with this act.
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1
2 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
3 and strategies for the orderly and balanced future economic, social,physical, environmental,
4 and fiscal development of the area that reflects community commitments to implement the
5 plan and its elements. These principles and strategies shall guide future decisions in a
6 consistent manner and shall contain programs and activities to ensure comprehensive plans
7 are implemented. The sections of the comprehensive plan containing the principles and
00
8 strategies, generally provided as goals, objectives, and policies, shall describe how the local
9 government's programs, activities, and land development regulations will be initiated, a
10 modified, or continued to implement the comprehensive plan in a consistent manner. It is not
11 the intent of this part to require the inclusion of implementing regulations in the
12 comprehensive plan but rather to require identification of those programs, activities, and land 0.
13 development regulations that will be part of the strategy for implementing the comprehensive
14 plan and the principles that describe how the programs, activities, and land development
15 regulations will be carried out. The plan shall establish meaningful and predictable standards
16 for the use and development of land and provide meaningful guidelines for the content of
E
17 more detailed land development and use regulations. 0
18 r-
19 163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory r-
20 authority. — It is the intent of this act that adopted comprehensive plans or elements thereof z
21 shall be implemented, in part, by the adoption and enforcement of appropriate local
22 regulations on the development of lands and waters within an area. It is the intent of this act
23 that the adoption and enforcement by a governing body of regulations for the development E
24 of land or the adoption and enforcement by a governing body of a land development code for X
25 an area shall be based on, be related to, and be a means of implementation for an adopted
26 comprehensive plan as required by this act.
27
28 VII. PROCESS
29 g
30 Land Development Code Amendments may be proposed by the Board of County Commissioners,
31 the Planning Commission, the Director of Planning,private application, or the owner or other person
32 having a contractual interest in property to be affected by a proposed amendment. The Director of
33 Planning shall review and process applications as they are received and pass them onto the
34 Development Review Committee and the Planning Commission.
35
36 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
37 review the application, the reports and recommendations of the Department of Planning &
38 Environmental Resources and the Development Review Committee and the testimony given at the co
39 public hearing. The Planning Commission shall submit its recommendations and findings to the
40 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
41 adoption of the proposed amendment, and considers the staff report, staff recommendation,Planning
42 Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
43 the proposed amendment based on one or more of the factors established in LDC Section 102-
44 158(d)(7). E
45
46 VIIL STAFF RECOMMENDATION
47
48 Staff recommends approval of the proposed amendment.
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3
4 `
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY T ' OAS OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2019 00
10
11 2
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF CCIICTNT �
1.3 COMMISSIONERS AMENDING MC1 I F COUNTY LAND �
14 DEVELOPMENT CODE SECTION 102- ( )(2) TO ALLOW (n
15 RESIDENTIAL DWELLING UNITS WITH LAWFULLY �
16 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE
17 PREVIOUSLY APPROVED OPEN SPACE E ANTI IN CASES WHERE
18 COMPLIANCE ACE; ITH CURRENT OPEN SPACE REGULATIONS
19 WOULD RESULT IN A REDUCTION IN 11 COVERAGE; PROVIDING
20 FOR S 'V'I+ ILITY; PROVIDING FOR REPEAL E AL F CONFLICTING 0
21 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE;STATE;LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
23 FOR INCLUSION IN THE MONROE COUNTY LAND EVEL P EI T
24 CODE; PROVIDING FOR AN EFFECTIVE DATE. (File 2 19-021) E
25
26
27
28 WHEREAS, on March 26, 2019,. a community Meeting was held, as required by LDC �
29 Section 12-159(b)(3), to discuss the proposed Land Development Code test annendnrent, and to �
0 provide for public participation; and
31
32 WHEREAS, on April 23, 2019, the, :Monroe County Development Review Committee
33 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and 1
34 cv
35 WHEREAS, staff is recommending approval of the proposed amendments to Monroe
36 County Land Development Code Section 102-57(e)(2)c to allow for repair and replacement of
37 single-family hones that are nonconforming to open space requirements; and
38
39 WHEREAS, the Monroe County Planning Commission held a public hearing on May �
40 29, 2019, for review and recommendation on the proposed amendment; and
41
42 WHEREAS, the Monroe County Planning Commission held a public hearing on May 29,
43 2019,for review of the,proposed amendment and recommended approval through Resolution P21-
44 19; and
45 WHEREAS, at a regularly scheduled meeting held on the 16"' day of October, 2019,. the
46 Monroe County board of County Commissioners held a public hearing,considered the staff report,
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I and provided for public comment and public participation in accordance with the requirements of
2 state law and the procedures adopted for public participation in the planning process; and
3
4 WHEREAS, based upon the documentation submitted and information provided in the
5 accompanying staff report, the BOCC makes the following Conclusions of Law:
6 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
7 Monroe County Year 2030 Comprehensive Plan; and
8 2, The proposed amendment is consistent with the Principles for Guiding Development
9 for the Florida Keys Area of Critical State Concern, Sec. 3,80.0552(7), F,S.; and 00
10 3. The proposed amendment is,consistent with Part 11 of Chapter 163,Florida Statute; and cv
11 4. The proposed amendment, with changes as directed by the Planning Commission, is
12 necessary due to recognition of a need for additional detail or comprehensiveness, and
13 data updates, as required by Section 102,m 158 of the Monroe County Code;
14 (n
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CL
0
16 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
17 E
18 Section 1. The Monroe County Land Development Code is hereby amended as follows: 0
r_
0
19
0
Proposed Amendment (deletions.are SILIFIcKen C.1 1,61,10; additions are shown in underlined). z
20
21 Chapter 1.02—ADMINISTRATION
22 E
23 Sec. 102-57 Nonconforming Structures.
24
25 (e) Termination. is
26 zz�
27 (2) Dania e or destruction.
9
28
29 c Substantial improvement or reconstruction of nonconforming single-family residences
30 shall comply with all applicable setback and open space provisions of this Land 0
31. Development Code set forth in Chapters 130 and 131 except where strict compliance would
3,2 result in a reduction in lot coverage as compared to the pre-destruction footprint of the
33 house. In such cases, the previously approved open space ratio shall be applied; and the
34 maximum shoreline setback shall be maintained and in no event shall the shoreline setback
E
35 be less than ten (10) feet from mean high water.
36
37
38 Section 2. SeIKEgbifity, If any section, paragraph, subdivision, clause, sentence or
39 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
40 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
41 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
42 provision immediately involved in the controversy in which such judgment or decree shall be
43 rendered.
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2 Section 3. Cop. icting Provisions, All ordinances or parts of ordinances in conflict with
3 this ordinance are hereby repealed to the extent of said conflict.
4
5 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
6 Planning Agency as required by F.S. 380.05 (11) and F.S. 380�.0552(9).
7
8 Section 5. Fifipg. This ordinance shall be filed in the Office of the Secretary of the State C14
9 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according 00
10 to F.S. 3W05(6) by the Florida State Land Planning Agency or Administration Commission
11 approving the ordinance, and if the final order is challenged, until the challenge to the order is
12 resolved pursuant to F.S. Chapter 120.
13
14 Section 6. Inclusion in the Monroe C2HpILL24LThe provisions of this Ordinance shall
15 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as all
16 addition to amendment thereto, and shall be appropriately renumbered to conforni to the uniform 0
17 marking system of the Code.
18 E
19 Section 7. Effective Date. This ordinance shall become effective as provided by law and 0
20 stated above. Staff is directed to ii-riplement this ordinance retroactively to all demolition permits 0
21 applied for after Hurricane Irma, whether the demolition permits are expired or not.
0
22 z
23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
24 Florida, at a regular meeting held on the day of 120 E
25
X
26
27 Mayor Sylvia Murphy is
28 Mayor Pro Tem Danny L. Kolhage
29 Commissioner Heather Carruthers
30 Commissioner Michelle Coldiron
31 Commissioner David Rice S
32
0
33 BOARD OF COUNTY COMMISSIONERS
34 OF MONROE COUNTY, FLORIDA
35
36 BY cv
37 MAYOR SYLVIA MURPHY
38 (SEAL) E
39
40 ATTEST: KEVIN MADOK, CLERK <
41 M0 COURTY A NEY
APB At
iF
42
43 DEPUTY CLERK 71� WMUMW�8
ASSISTAN'T CIO, INTy ATTOR V
INN& tmfm
Ordinance No. -2019 Page 3 of 3
File #2019-021
Packet Pg. 2539