Ordinance 037-2019 1.
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7 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE :G . 037 - 01
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9 1 AN ORDINANCE BY THE MONROE COUNTY BOARD O. F
12 COUNTY COMMISSIONERS AMEN .. ING POLICY 101.5.29 O
13 THE MONROE, COUNTY 2030 COMPREHENSIVE PLAN T
14 ALLOW_ EXISTING LAWFULLY LLY ESTABLISHED RE IDE'NTI L
1,5 DWELLING UNITS, OTHER THAN MOBILE HOMES, rO BE
16 CONSIDERED CONFORMING USES REGARDLESS OF FUTURE
17 LAND USE DISTRICT; PROVIDING FOR 'EVE 1fIILay;
18 PROVIDING INN FOR REPEAL C1'It CONFLICTING G PROVISIONS;
19 PROVIDING FOR TRANSMITTAL, TO THE STATE LAND
20 PLANNING AGENCY AND THE SECRETARY 01' STATE;
21 PROVIDING FOR IN(,.1,USION IN THE I IONROIE C;CIUN]" '
22 COMPREHENSIVE P PROVIDING lC O FFECTIVE
23 DATE.
24
2
26
27 WHEREAS, on November 27, ; 018 a C0111111LInity meeting was held, as required by L,1 C"
23 Section 102-1 9(b)(3), to discuss the proposed Comprehensive Plan text arilenc1inent, and to
29 provide for public participation; and.
30
31 'WHEREAS, on .January 1,3, 70119, tfie Monroe County Development Review Committee
32 (D C") reviewed the proposed anuendnuent at ra regularly scheduled rraeeting; u.und.
33
34 WHEREAS, staff is recommending approval of the proposed arnendrnents to the 2030
35 C'onaprehensive Plan, to amend Policy 101.5.29 to allow existing lawfully established residential
36 dwelling units, other than mobile ho rues, to be considered conforming asses regardless of Future
37 Land Use category;; and
33
39 WHEREAS, the Monroe County Planning Commission held a public hearing oil February
40 27, 2019, for review and recommendation on the proposed amendment; and
41.
42 WHEREAS,, the Planning;. C'onimission was presented with the following docurnents and.
43 other information relevant to the request:,, which by reference is hereby incorporated as part of the
44 record of said'hearing:
Ord, 037 -201.9 Page I of
File 201 -209
I I, Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
2 February 12, 2019;
3 2. Sworn testimony of Monroe County Planning & Environmental Resources
4 Department staff; and
5 3, Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
6 Planning Commission Counsel; and
7
8 WHEREAS, based upon the information and documentation submitted, the Planning
9 Commission made the following Findings of Fact and Conclusions of Law:
10
11 1, The proposed amendment is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Comprehensive Plan; and
13 2. The proposed amendment is consistent with the Principles for Guiding Development
14 for the Florida Keys Area of Critical State Concern, Sec. 380,0552(7), F.S.; and
15 1 The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
16
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P06-19
18 recommending approval of the proposed. amendment; and
19
20 WHEREAS, at a regular meeting held on the 22"" day of May 2019, the Monroe County
21 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
22 text amendment, considered the staff report and provided for public comment and public
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process; and
25
26 WHEREAS, at the May 22, 2019, public hearing, the BOCC adopted Resolution 153-
27 2019, approving transmittal of the proposed text amendment to the State Land Planning Agency;
28 and
29
30 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
31 Objections, Recommendations and Comments (ORC) report, received by the County on
32 September 6, 2019; and
33
34 WHEREAS, the ORC report did not identify any objections recommendations or
35 comments; 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 irieeting on.the 16th day of October, 2019, the BOCC
41 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
42
Ord. =-2019 Page 2 of 4
File #2018-209
I NOW,, THEREFORE, BE 11' ORDAINED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONRGE (,.'O(JN'I"Y, FLORIDA:
3 Section 1. 'rhe text of the: Monroe County Year 2030 Comprehensive: Plan is hereby amended
4 as follows (Deletions are shown stricken through; additions are shown underlined):
5
6 Policy 101.5.29
7 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon
8 which a lawfully established residential dwelling unit exists shall be entitled to a
9 density of one dwelling unit per each recognized lawfully established unit. Such
10 lawfully-established dwelling units shall not be considered a-s nonconfori-ning as
I I to the, density provisions of Policy 101.5.25 and the Monroe County Land
12 Development ode, I" of the nonconforming use ILrojsions of Policy
13 101.8.4, existing lawftill �established residential uses n(�tjjj.chjL1j niqL)de, i(ynies_y_ _qg__
14 and not jRcjqdin � transient uses, shall be entitled to repair and/or replace such
...... -
15 Owelling Lidits, with the sarne t....ype ol" dwelling Unit and shall riot. be considered a
16 110nCQnf0rIT1inV, LlSe(,s',�LaW�fulf established mobile hoines shall be entitled to
17 replace such dwellin, _Units with a detached dwellLng_.A� and shall not be
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18 considered a noncoiLtLorrnjn-g rsefsl.
19
20 Section 2. Sever abjility. 11' any section, subsection, sentence, clause, item, change, or
21 provision of this ordinance is held invalid, the remainder of this ordinance shall not
22 he affected by such validity.
23
24 Section 3., jitpeal of Inconsistent Provisions. All ordinances or parts of ordinances in
25 conflict with this ordinance are hereby repeated to the extent of said coni'llict.
26
27 Section 4. ri-ansmittal.This ordinance shall be transmitted by the Director of planning to the
28 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes,
29,
30 Section 5. ilia aril�aiid F�Jfectj�vel)a�te. This, ordinance shall be filed in the Office of the
31 Secretary of the State of Florida but shall not become effective until a notice is
32 issued by the State .,and Planning Agency or Administration Comiriission finding
33 the amendment in cornpliance with Chapter 163, Florida Statutes and after any
34 applicable challenges have been resolved.
35
36 Section 6. Inclusion in the Coinprehensive Plan. The text amendment shall be incorporated
37 in the Monroe County Comprehensive Plan. The numbering of the foregoing
38 arriendment may be renumbered to conform to the nuinbering in the Monroe County
39 Comprehensive Plan.
40
41
Ord. 037 -2019 Page 3 of 4
File #2018-209
2 at a regular meeting held on the-L6'h day of
I PASSED AND ADOPTED by the Board of County Commissioners of Monme County,Florida,
Mayor5 Mayor Sylvia Murphy Absent
Pro
Commissioner Heather Carruthers
Commissioneri
10
BOARD OF COUNTY COMMISSIONERS
1,2'g$ ,
" � C;CJLT
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f � BY
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Mayor Pro Tee Dalimy L.Ko
18 ATTEST. KEVIN MADOK.CLERK
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21 DEPUTY CIVIC
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Dow to
-2019 Page 4 of
File#2018-209
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P (305)292-7777 ext 219 F (305)295.8025
legalskeysnews tern
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account 138694 Ticke
MONROE COUNTY BOARD OF COUNTY
STATE OF FLORIDA COMMISSIONERS
COUNTY OF MONROE NOTICE OF PUBLIC MEETING AND
Bef re the undersi d authority personally appeared NOTICE OF PUBLIC HEARING
who on oath: NOTICE OF CHANGE TO MONROE
of the Key We COUNTY COMPREHENSIVE PLAN
newspaper ofadve tism in Key est in Monroe County, of NOTICE OF CHANGE TO THE MONROE
copy of advertisment,being egal notice In the matter of
newspaper in the issues of COUNTY LAND DEVELOPMENT CODE
Sunday,September29,2019 ✓' NOTICE OF CHANGE TO MONROE
Affiant further says that the Key West Citizen is a newspap COUNTY TIER OVERLAY DISTRICT MAP
West; in said Monroe County„Florida and that the said nev
fore been continuously published in said Monroe County, F October 16 2019
has been entered as periodicals matter at the post office in
Monroe County„Florida,,,for a period of 1 year next precedi
r,�f the atlarhed,copy of advertisement; and affiant further si NOTICE IS HEREBY GIVEN that on the Mm;:,nroe County Board of County
neither paid nor promised any person, firm or corporation a Commmionera will hold a Public Meeting at the Marathon Govemment Center,2798 Overseas Highway,
FL 3305d to review and meive public comment for the following Rems.
rommisslon or refund for the purpose of sec0ng this adve
tion in the sand new, pUBUC HEARINGS:Im PM(or as soon thereafter as may be heard):
RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-
(Sognature of Affiant) WAY OF OLD STATE ROAD 4A AND ALL OF THE RIGHTnOF-WAY OF LOOP ROAD LYING WITHIN SECTION
" 31,TOWNSHIP 88 SOUTH,RANGE 28 FAST,GOVERNMENT LOT 6; SECTION 6 TOWNSHIP 67 SOUTH,
A ed d s s bed before me this 30th day of Septerr RANGE 28 FAST GOVERNMENT LOTS 3,2,AND 7; SECTION 7 TOWNSHIP 67 SOUTH,RANGE 28 EAST,
GOVERNMENT LOTS 2 AND 4;SECTION 12,TOWNSHIP 67 SOUTH,RANGE 27 FAST GOVERNMENT
LOTS 6 AND 7;ALSO A,50 FOOT STRIP KNOWN AS LOOP ROAD,LYING IN SUGARLOAF KEY,SECTION
12,TOWNSHIP B7 SOUTH,RANGE 27 EAST,GOVERNMENT LOTS 1,2,3,5,AND 7,SECTION 11,TOWNSHIP
INOta y ubllr:§gnatu i 67 SOUTH,RANGE 27 EAST.(FILE#2019-119)
AN ORDINANQE BY THE moNRO: COUNTY WARD OF COUNTY, CQMMtMONER AMENDING
POLICY 101.5.25 OF THE',RIN IC MONROE COUNTY COMPREHEN$IVE PLAN TO ADDRESS DENSITY
(Rotary Pu tic Printed Name) (h ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM (RMy FUTURE LAND USE MAP
CATEGORY AND THE IMPROVED SUBDIVISION(15 ZONING DISTRICT THAT ARE NOT PLATTED LOTS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING
My odmmiss�an expires ��� FOR TRANSMITTAL To THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2018-195)
ef50nail. Known.. Produced Identification— REQUIRED OPEN SPACE,TO ADDRESS i,MUM PERMANENT RESI AMENDING i
y per.-p,
MONROE COUNTY CODE SECTION 130-157 MAx DIlmNT1AL DENSITY AND
Type of Identikation Produced MINIMUMDENSITY ISSUES ON PARCELS OF LAND WITHIN
THE IMPROVED SUBDIVISION(IS)ZONING DISTRICT THAT ARE NOT PLATTED LOTS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFL.ICT!iNG PROVISIONS:PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STAU E;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-197)
AMENDING
POLICY 101.5.29 OF THE MONROE COUNTY 20 CMPREHEN'SIVE PLAN TO ALLOW EXISTING
LAWFULLY ESTABLISHED RESIDENTIAL DWELLING WhS, OTHER THAN MOBILE HOMES, TO BE
CONSIDERED CONFORMING USES REGARDLESS OF FUTURE @...AND USE DISTRICT; PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PpOVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE::PROVIDING FOR INCLUSION
IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File 201 B-
20 9)
AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-163,EXISTING RESIDENTIAL DWELLING
UNITS AND TRANSIENT UNITS,TO ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING
UNITS,OTHER OTHERTHAN MOBILE HOMES,TO BE CONSIDERED CONFORMING USES REGARDLESS OF LAND
USE(ZONING)DISTRICT,PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY DE;PROVIDING FOR
AN EFFECTIVE DATE.(FILE 2018-210)
POLICY 101 .4OF THE12030 MONROE COU YI dW RE
COMPREHENSIVE PLAN TO AMENDING
RESIDENTIAL
DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE TO REDEVELOP AT THE
PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES WHERE COMPLIANCE WITH CURRENT
OPEN SPACE REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE;PROVIDING FOR
SEVERABILITY,PROVIDING FOR REP OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018-
211)
AN on ENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 102-57(ex2)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,PROVIDING FOR
SIEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION
IN THE MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE (File
2019-021)
l
THE
K40NROE COUNTY TIER OVERLAY DISTRICT P FROM TIER t TO TIER III AS REQUESTED BY RAFAEL
AND GLORIA GONZALEZ FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 15
LARGO HI-LANDS,PLAT BOOK 4 PAGE 89,KEY LARGO.HAVINGREAL ESTATE NO. 1 -000 0;
PROVIDING FOR SEVE I °PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT ;PROVIDING FOR AN EFFECTIVE
DATE.
�i (FILE#2019-071)See Map 1 Below MAR I
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Copies of the shove are available at the Monroe County Planning Department offices in Marathon and Key
Largo during nomnal business hours and online at:
Pursuant to SocVon 286.0105 Plordde Statutes,if a person docidas to qDped any i1ecksion of the Board of
County Commissioners,with rasped to any matter consideradat therneating or &V.he::Prshewill nooda
record of the proceedings,and that,foe-such purpose,he or she may need to in:surs a verbatim record of the
proceedings is made,which record includes the testimony&evidence upon which the appeal ds to be based.
ADA ASSISTANCE.N you are s person with a dbablilly who needs special accommodations In order
to partk4mte In this proceeding,please contact the County Administrator's ,by Phoning
T,between the hours o1 ELM a.m.-&W p.m.,no later than )calendar days prior to the
u!ed meeting,Ifyou ono hearing ! !!1711."
.:w�Ma� m.IN„�kp C!� IICim� &d"IYkIIT�pII
IL
A� teyi n Madok, CPA
Y � � Clerk of the Circuit Court& Comptroller—Moniroe County,, Florid
October 31, 2019
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 037-2019 amending Policy 101.5.29 of
the Monroe County 2030 Comprehensive Plan to allow existing lawfully established residential
dwelling units, other than mobile homes, to be considered conforming uses regardless of Future
Land Use District; providing for severability; providing for repeal of conflicting provisions;
providing for transmittal to the State Land Planning Agency and the Secretary of State; providing
for inclusion in the Monroe County Comprehensive Plan; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on October 16, 2019. Should you have any questions,
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Planning & Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTAflON KEY PK /RO,TH BUILDING
5010 Whitehead Street 3117 Overseas IHlighwvay 66620,Overseas Highway 50 bHligh,Point Road
KeyWest,Floridla 33040, Marathon,Florida 33050 Plantation Key,Florida 330,70, Plantation Key,Ftorida 33070
3015-2'94-46411 305-2301-60,27 3015-652-71145 305-652-71145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
October 31, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 037-2019, which was filed in this office on October 31,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us