Ordinance 039-2019 4X
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4
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7 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY T COMMISSIONERS
9 ORDINANCE NO. 039 -201.9
10
11 AN ORDINANCE INANC E l THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING LIC Y 101.9.4 OF
1.3 THE 20 '0 MONROE COUNTY COMPREHENSIVE PLA TO
14 ALLOW RESIDENTIAL DWELLING UNITS WITH LAWFULLY
15 NONCONFORMING OPEN SPACE TO REDEVELOP AT THE
16 PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES
17 WHERE COMPLIANCE WITH U ENT OPEN SPACE
1.8 REGULATIONS WOULD RESULT IN A REDUCTION IN LOT
1.9 COVERAGE; PROVIDING FOR S I+ BILI Y; PROVIDING
20 FOR REPEAL OF CONFLICTING FLICTINGPROVISIONS; PROVIDING
21 FOR TRANSMITTAL TO THE STATE LAND PLANNING
22 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
23 INCLUSION THE MONROE COUNTY COMPREHENSIVE
24 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
25
26
27
28 WHEREAS, on November 27, 2018 a community meeting was, held, as required by L )C;
29 Section 102-159(b)(3), to discuss the proposed Comprehensive flare text amendment, and to
30 provide for public participation; and
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 101.9.4 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
41
42 WHEREAS, the Planning Commission was presented with the following docu vents and
43 other information relevant to the request, which by reference is hereby incorporated as part of the
44 record of said hearing:
Ord. 039 2019 page 10. of 4
File 201 -211
I I. Staff report prepared by he Cioffari, C0111prehensive Planning Man,,Iger, dated
2 Febmary 12, 2019;
3 2. Sworn testimony of Monr(ie County Planning & Environmental Resources
4 Department staff; and
5 1 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 Coninrission made the following Findings of Fact and Conclusions of Law,
1,Cl
11 1, The proposed amendnient is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Conipreliensi ve Plan; and
13 2, '"I'lie proposed aniendinent is cc)nsistent with the Principles for Guiding Development
14 f"or the Florida Keys Area of Critical State Concern, Sec. 38().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. PO -19
18 reconimending approval of the proposed arnendment; 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 as public hearing to consider the transiniaal of the proposed
22 text. anwridt-nent, considered (lie 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 ReSOILItion 154-
27 2019, approving transmittal of the proposed text aniendirrent to the State L,and Planning Agency;
28 and
29
30 WHEREAS, the State Land. Planning Agency reviewed the arnendment and issued an
31 Objections, Recommendations an(] Coninients (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 cornments; and
36
37 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
38 proposed aineridnient, adopt the arnendnient with changes or not adopt the aniendment; and
39
40 WHEREAS, at a regularly scheduled meeting on the 16 1h day of October, 2019, the BOCC
41 held a[ public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
4-2
Ord, _0.3_9-2019 Page 2 of 4
File #201.8-211
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
7 Policy 101.9.4
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.
11
12 Substantial improvement or reconstruction of nonconforming single-family homes
13 shall comply with the setback and open space provisionsset forth in Policy 101.5.2-5
14 and in Chapters 130 and 1.31 of the Monroe County Land Development Code except
15 where strict compliance would result in as reduction in lot coverage as compared to
16 the pre-destruction footprint of the house. In such cases, the previously approved
17 men space ratio shall be applied-, and the maximum shoreline setback shall be
18 maintained and in no event shall the shoreline setback be less than ten (10) feet
19 from mean high water.
20
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
23 be affected by such validity.
24
25 Section 3., Repeal of Inconsistent Provisions,. All ordinances or parts of ordinances in
26 conflict with this ordinance are hereby repealed to the extent of said conflict,
27
28 Section 4. Transmittal. This, ordinance shall be transmitted by the Director of Planning to the
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
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
35 applicable challenges have been resolved.
36
37 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
38 in the Monroe County Comprehensive Plan. The numbering of the foregoing
39 arnendi-nent may be renumbered to conform to the numbering in the Monroe County
40 Comprehensive Plan.
41
Ord. _039 -2019 Page 3 of 4
File #2018-211
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
2 at a regular meeting held on the day
o _
Sylvia4 Mayor
Commissioner Heather Carruthers —ym_
® 1
Commissioner
10 BOARD OF COUNTY COMMISSIONERS
1OE COUNTY,FLO A
Y
vlw r R
Mayor Pro Tein Damy L.Kollialp
16 „r
1
20 DEPUTY CLERK
AA"TAW
File#2018-211
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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. 039-2019 amending Policy 101.9.4 of the
2030 Monroe County Comprehensive Plan 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 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. 039-2019, 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