Item U2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15. 2002
Division:
Growth Management
Bulk Item: Yes
No ---X-
Department: Planning
AGENDA ITEM WORDING:
A public hearing to consider a DCA Transmittal Resolution on the request by the Planning and
Environmental Resources Department to amend Policy 101.4.23 of the Monroe County Year
2010 Comprehensive Plan to 'grandfather' all legally established residences notwithstanding the
density requirements set forth in Policy 101.4.21.
ITEM BACKGROUND:
Currently, Policy 101.4.23 extends protection to non-conforming principle residential dwelling
units that were legally established before January 4, 1996. At their regularly scheduled meeting in
July 2001, the Board of County Commissioners directed Growth Management staff to revise
Policy 101.4.23 to include seasonal and vacation rental units rather than limit 'grandfathering' to
only principal residences. The Planning Commission reviewed and decided not to protect
transient rental units and to remove the requirement that structures be established before January
4,1996. On March 2th, 2002 the Planning Commission approved the proposed amendment.
PREVIOUS REVELANT BOCC ACTION:
At the request of the Board of County Commissioners at their regularly scheduled meeting in
July 2001, Growth Management staff was directed to revise Policy 101.4.23 to include seasonal
and vacation rental units rather than limit' grandfathering' to only principal residences.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No ---X-
AMOUNT PER MONTH
Year
APPROVED BY: County Atty -X- OMB/Purchasing N/ A
CP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # ~_
Revised 2/27/01
YEAR 2010 COMPREHENSIVE PLAN
TEXT AMENDMENT
DENSITY PROTECTION OF ALL LEGALLY
ESTABLISHED RESIDENTIAL DWELLING UNITS
TRANSMITTAL HEARING
BOARD OF COUNTY COMMISSIONERS
KEY LARGO PUBLIC LIBRARY
MAY 15,2002
Staff:
DRC:
pc:
PROPOSED TEXT AMENDMENT
POLICY 101.4.23
OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
THE AMENDMENT PROPOSES TO CLARIFY THAT ALL LEGALLY-
ESTABLISHED RESIDENTIAL DWELLING UNITS SHALL NOT BE
CONSIDERED NON-CONFORMING UNDER THE DENSITY
PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY
CODE, AND TO CORRECT A SCRIVENER'S ERROR IN THE
COMPREHENSIVE PLAN CITING AN INCORRECT POLICY.
RECOMMENDATIONS
Approval
March 22, 2002
Staff Report
Approval
November 1,2001
Resolution #D23-0l
Approval
March 27, 2002
Resolution #P24-02
RESOLUTION NO.
- 2002
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST FILED BY THE MONROE
COUNTY PLANNING AND ENVIRONMENTAL RESOURCES TO
AMEND POLICY 101.4.23 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO CLARIFY THAT ALL LEGALLY-
ESTABLISHED RESIDENTIAL DWELLING UNITS IN EXISTENCE
SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE
DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE
COUNTY CODE.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on May 15, 2002, for the purposes of considering the transmittal to the Florida
Department of Community Affairs, for review and comment, a proposed amendment to
Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested amendment to Policy 101.4.23 of the Monroe
County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendation
of the Planning Commission pursuant to the draft ordinance for the adoption of the
proposed amendment to Policy 101.4.23 of the Monroe County Year 2010
Comprehensive Plan; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of9J-l1.006 ofthe Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution
to the Director of Planning and Environmental Resources.
Page 1 of2
Initials
\\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Trans
Reso.doc
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 15th day of May 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
~.'.__....'-.~O~
- --.E
BY
.I '.; Office
,/
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Page 2 of2
Initials
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Trans Reso.doc
DRAFT BOCC ORDINANCE
ORDINANCE NO. -2002
AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN BY AMENDING POLICY 101.4.23;
PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN; AND DIRECTING
THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy
OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently
allows residential units that are non-conforming as to density to be rebuilt or substantially
improved only if they are legally-established, principal residences; and
WHEREAS, at its regularly scheduled July meeting the Board of County
Commissioners raised a specific concern related to the rights of property owners to
rebuild or substantially improve their properties in situations where the development did
not meet minimum parcel size or density standards; and
WHEREAS, in the event of a major storm, the County could be faced with a
significant number of units that could not be legally rebuilt unless they are proved to be
principal residences; and
WHEREAS, Growth Management staff recommends the course of action is to amend
Policy 101.4.23 to extend the density protection to all lawfully established residential dwelling
units; and
WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density
limitations set forth in the Year 2010 Comprehensive Plan; and
WHEREAS, the Development Review Committee on November 1, 2001
reviewed the legal authority and the proposed text, and recommended approval of the
proposed text; and
WHEREAS, during a regular meeting held on December 12, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text and raised
concerns about allowing all types of transient housing units to be protected as to density;
and
WHEREAS, during a regular meeting held on December 27, 2001, the Monroe
County Planning Commission conducted a public hearing on a proposed text narrowed in
scope to include only residential units to be granted density rights; and
Page 1 of 4
Initial
\ \GMD0059\pub$\Planning\ Working Folders\will-robert\ Text Amendments\Density Protection\BOCC
Density Ord.doc
WHEREAS, the proposed text was tabled during the December 27,2001 regular
meeting pending the decision of an administrative hearing regarding an appeal of the
Planning Commission's decision to deny build back rights; and
WHEREAS, during a regular meeting held on March 13, 2002, the Monroe
County Planning Commission conducted a public hearing on the proposed text and raised
concerns about the density protection of units built after January 4, 1996 and suggested
the date be eliminated to include units built after this date; and
WHEREAS, during a regular meeting held on March 27, 2002, the Monroe
County Planning Commission conducted a public hearing and approved the proposed
text; and
WHEREAS, The Monroe County Board of County Commissioners were
presented with the following information, which by reference is hereby incorporated as
part of the record of said hearing:
1. The Staff Report prepared on March 22, 2002; by K. Marlene Conaway, Director,
Planning and Environmental Resources,
2. Proposed changes to the Monroe County Year 2010 Comprehensive Plan,
3. The sworn testimony of the Growth Management Staff,
4. Comments by the public;
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Year 2010 Comprehensive Plan submitted
by the Monroe County Planning Department at a public hearing on May 15th, 2002; and
WHEREAS, the Monroe County Board of County Commissioner makes the
following Findings of Fact based on the evidence presented:
1. Monroe County is subject to tropical storms of great intensity which may cause a
large amount of property damage, including the destruction of residential dwelling
units, and
2. Many legally established residential dwelling units are non-conforming as to the
density provisions currently set forth in the Monroe County Land Development
Regulations, and
3. In order to be substantially improved or rebuilt due to destruction in the event of a
large storm, residential dwelling units must be shown to be principle dwelling units if
they are non-conforming as to density provisions, and
Page 2 of 4
Initial
\\GMD0059\pub$\Planning\ Working Folders\will-robert\Text Amendments\Density Protection\BOCC
Density Ord.doc
4. There are currently a number of legally established residential dwelling units that
would not be able to be rebuilt if they were destroyed in the event of a major storm,
and
5. The current Policy 101.4.23 cites an incorrect policy regarding density provisions set
forth in the Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioner makes the
following Conclusions of Law based on the evidence presented:
1. It is in the best interest of Monroe County to protect the density of all legally
established residential dwelling units, and
2. The current Policy 101.4.23 must be amended to included all legally established
residential dwelling units in order to allow substantial improvement and replacement
of units considered non-conforming as to the density provisions set forth in Policy
101.4.21, and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes to Policy 101.4.23 are consistent with the other goals, objectives,
and policies set forth in the plan; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff of the
Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the Year 2010 Comprehensive Plan be
approved, adopted and transmitted to the state land planning agency for approval;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Policy 101.4.23 of the Year 2010 Comprehensive Plan is hereby
amended to read as follows:
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon
which a legally-established residential dwelling unit is if!. existef!.ee and used as a
prif!.cipal residenee OR the effeeti',e date of this plan exists shall contiFHie to be
entitled to a density of one dwelling unit per each such unit in existence Of!. the
eff-ective date of the Plan~ Such legally-established dwelling unit shall not be
considered as non-conforming as to the density provisions of Policy 101.4.21 and
the Monroe County Code.
Page 3 of4
Initial
W : \Planning\ Working F olders\ will-robert\ Text Amendments \Density Protection \BOCC Density Ord.doc
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such validity.
Section 3. All ordinances or parts of ordinances In conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Page 4 of4
Initial
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc
Memorandum
W:
FROM:
DATE:
RE:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resources
March 22, 2002
Proposed Comprehensive Plan Amendment to Protect the Density of Lawfully
Established Residential Dwelling Units
STAFF REPORT
I. Background
Currently, Policy 101.4.23 of the Year 2010 Comprehensive Plan allows residential units that are non-
conforming as to density to be rebuilt only if they are lawfully established principal residences.
Lawfully established principal dwelling units must have been in existence on January 4, 1996 to be
eligible to receive a dwelling unit allocation (regardless of density requirements) in the event that the
unit is demolished or destroyed by catastrophe.
Policy 101.4.23 states:
"Notwithstanding the density limitations set forth in Policy 101.4.22, land upon which a
legally-established residential dwelling unit is in existence and used as a principal residence
on the effective date of this plan shall continue to be entitled to a density of one dwelling
unit per each such unit in existence on the effective date of this plan. "
At the request of the board of County Commissioners, Growth Management staff was directed to
revise Policy 101.4.23 to include seasonal, vacation rental, and transient rental units rather than limit
grandfathering to only principal residences.
At the December 12, 2001 regular meeting of the Planning Commission concems were raised that
allowing all types of transient housing units to be granted density exemption could have severe
unintended consequences. For example, Recreational vehicle spaces and campground sites would be
granted a density of one dwelling unit and could be redeveloped into housing, hotel or motel rooms.
This potential redevelopment would have an unknown effect on the results of the hurricane evacuation
model, level of service on US 1, and the carrying capacity study due to an increase in the intensity of
use of various transient residential units. The Planning Commission suggested that Policy 101.4.23 be
amended to be more narrow in scope to achieve the desired results of protecting the density of
residential homes and vacation rental units.
At the December 27th, 2001 regular Planning Commission meeting the proposed text amendment was
tabled indefinitely pending the result of an on going administrative hearing regarding density build-
Page 1 of2
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Report.doc
back rights. The hearing was an appeal of a Planning Commission decision to deny build-back rights
to property owners Thomas and Dagmar Lesick for a non-conforming as to density vacation rental
unit on Money Key. The Lesick's won their appeal, the administrative judge reversed the Planning
Commission's decision.
At the March 13th 2002 regular meeting a concern was raised regarding the January 4, 1996 date
before which residences must be lawfully established. If the intent is to protect all lawfully
established residential units, then those built after January 4, 1996 should be protected as to density as
well. The amendment was revised to remove the date requirement in order to include residences built
after the January 4, 1996. The Planning Commission approved the amendment once that change was
made.
II. Proposed Text
Underlined text is new language and strikethr-ough text indicates language to be deleted.
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy lOl.4.~ 21, land upon which a
legally-established residential dwelling unit is in existenee and l:lSOO as a principal r-esidooee on
the effeetive Gate of 1:his plan exists shall conti.J.:me to be entitled to a density of one dwelling
unit per each such unit if1 existeBee OR the effective date of the Plan. Such legally-established
dwelling unit shall not be considered as non-conforming as to the density provisions of Policy
101.4.21 and the Monroe County Code.
Rationale: This text corrects the typographical error in the first line of the policy and all residential
units in the protected category. This amendment deletes the requirement of a dwelling unit to be a
principle residence and allows all lawfully established units in existence to receive the density
exemption. The purpose of this alternative is to protect the density of all legally established residential
dwelling units in existence on off-shore islands and elsewhere.
Page 2 of2
W:\Planning\ Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Report.doc
PLANNING COMMISSION RESOLUTION #P24-02
PLANNING COMMISION RESOLUTION NO. P24-02
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF A REQUEST
FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN BY AMENDING POLICY 101.4.23 TO
CLARIFY THAT ALL LEGALLY-ESTABLISHED RESIDENTIAL
DWELLING UNITS IN EXISTENCE SHALL NOT BE CONSIDERED
NON-CONFORMING UNDER THE DENSITY PROVISIONS IN
POLICY 101.4.21 AND IN THE MONROE COUNTY CODE, AND TO
CORRECT A SCRIVENER'S ERROR IN THE COMPREHENSIVE
PLAN CITING AN INCORRECT POLICY.
WHEREAS, during a regularly scheduled meeting held on March 27, 2002, the
Planning Commission conducted a review of the request by the Planning and Environmental
Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Policy
101.4.23; and
WHEREAS, during a regularly scheduled meeting held on November 1, 2001, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to amend the Monroe County Year 2010
Comprehensive Plan Policy 101.4.23; and
WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently allows
residential units that are non-conforming as to density to be rebuilt or substantially improved
only ifthey are legally-established, principal residences; and
WHEREAS, at its regularly scheduled meeting in July 2001, the Board of County
Commissioners raised a specific concern related to the rights of property owners to rebuild or
substantially improve their properties in situations where the development did not meet
minimum parcel size or density standards; and
WHEREAS, in the event of a major storm, the County could be faced with a
significant number of units that could not be legally rebuilt unless they are proved to be
principal residences; and
WHEREAS, Growth Management staff recommends the course of action is to amend
Policy 101.4.23 to extend the density protection to all lawfully established residential dwelling
units; and
WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density
limitations set forth in the Year 2010 Comprehensive Plan; and
Page lof3
Initial
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc
WHEREAS, the Development Review Committee on November 1, 2001 reviewed
the legal authority and the proposed text, and recommended approval of the proposed text;
and
WHEREAS, during a regular meeting held on December 12, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text and raised
concerns about allowing all types of transient housing units to be protected as to density; and
WHEREAS, during a regular meeting held on December 27, 2001, the Monroe
County Planning Commission conducted a public hearing on a proposed text narrowed in
scope to include only residential units to be granted density rights; and
WHEREAS, the proposed text was tabled during the December 27, 2001 regular
meeting pending the decision of an administrative hearing regarding an appeal of the Planning
Commission's decision to deny build back rights; and
WHEREAS, during a regular meeting held on March 13, 2002, the Monroe County
Planning Commission conducted a public hearing on the proposed text and raised concerns
about the density protection of units built after January 4, 1996 and suggested the date be
eliminated to include units built after this date; and
WHEREAS, during a regular meeting held on March 27, 2002, the Monroe County
Planning Commission conducted a public hearing on the proposed text; and
WHEREAS, The Planning Commission was presented with the following
information, which by reference is hereby incorporated as part of the record of said hearing:
1. The Staff Report prepared on March 22,2002 by Robert Will, Planner.
2. The sworn testimony ofthe Growth Management Staff.
3. Advice from John Wolfe, the Planning Commission Council; and
4. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact
based on the evidence presented:
1. At the regularly scheduled meeting in July 2001 the Board of County Commissioners
directed Growth Management Staff to revise Policy 101.4.23 to include seasonal, vacation
rental, and transient rental units rather than limit 'grandfathering' to only principal
residences, and
2. The intent of Policy 101.4.23 was not to protect the density of transient rental units, but
rather only residential dwelling units, and
Page 2 of3
Initial
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc
3. The date of January 4, 1996 should be eliminated in order to include lawfully established
residential dwelling units constructed after that date, and
4. It is necessary to amend the existing Policy 101.4.23 to protect the density of all legally
established residential dwelling units within the county; and
WHEREAS, the Planning Commission has made the following Conclusions of Law
based on the evidence presented:
1. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed
changes to Policy 101.4.23 are consistent with the other goals, objectives, and policies set
forth in the plan. NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact support its decision to
recommend APPROVAL to the Board of County Commissioners of the amendment to the
text of the Monroe County Year 2010 Comprehensive Plan, Policy 101.4.23 as follows:
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon
which a legally-established residential dwelling unit is in existenee and Hsea as a
prineipal residenee of!. the offeetiye date of this plan exists shall eontif!.\ie to be entitled
to a density of one dwelling unit per each such unit if!. existence OR tho effeeti~/e date
of the Plan~ Such legally-established dwelling unit shall not be considered as non-
conforming as to the density provisions of Policy 101.4.21 and the Monroe County
Code.
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida,
at a regular meeting held on the 2ih day of March 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of
,2002.
Page 3 of3
Initial
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\PC Reso #P24-02.doc
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D23-01
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D23-01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO AMEND THE MONROE COUNTY YEAR 2010
COMPREHENSNE PLAN BY AMENDING POLICY 101.4.23 TO
CLARIFY THAT ALL LEGALLY-ESTABLISHED RESIDENTIAL
DWELLING OR TRANSIENT RESIDENTIAL UNITS IN EXISTENCE
ON OR BEFORE JANUARY 4, 1996 SHALL NOT BE CONSIDERED
NON-CONFORMING UNDER THE DENSITY PROVISIONS IN
POLICY 101.4.21 AND IN THE MONROE COUNTY CODE, AND TO
CORRECT A SCRIVENER'S ERROR IN THE COMPREHENSNE
PLAN CITING AN INCORRECT POLICY.
WHEREAS, during a regularly scheduled meeting held on November 1, 2001,
the Development Review Committee conducted a review and consideration of the request
by the Planning and Environmental Resources Department to amend the Monroe County
Year 2010 Comprehensive Plan Policy 101.4.23; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Robert Will, Planner and dated October 4,2001; and
WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently
allows residential units that are non-conforming as to density to be rebuilt or substantially
improved only if they are legally-established, principal residences; and
WHEREAS, at its regularly scheduled July meeting the Board of County
Commissioners raised a specific concern related to the rights of property owners to
rebuild or substantially improve their properties in situations where the development did
not meet minimum parcel size or density standards; and
WHEREAS, in the event of a major storm, the County could be faced with a
significant number of units that could not be legally rebuilt unless they are proved to be
principal residences; and
WHEREAS, Growth Management staff recommends the course of action is to amend
Policy 101.4.23 to extend the density protection to all lawfully established residential and
transient units; and
WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density
limitations set forth in the Year 2010 Comprehensive Plan; and
Page I of2
Initial
W : \Planning\ Working F olders\ will-robert\ Text Amendments\Density Protection \D RC Reso #D23-0 l.doc
WHEREAS, the Development Review Committee finds that the proposed
amendment is consistent with the Goals of the Monroe County Year 2010
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of
fact supports their decision to recommend APPROVAL to the Monroe County Planning
Commission of the text amendment to the Monroe County Year 2010 Comprehensive
Plan as requested by the Monroe County Planning and Environmental Resources
Department.
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 1 sl day of November, 2001.
Fred Gross, Island Planning Team Director (Lower Keys)
Aref J oulani, Senior Planner
Robert Will, Planner
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, DRC Chair
Signed this _ day of
, 2001.
Page 2 of2
Initial
W:\Planning\Working Folders\will-robert\Text Amendments\Density Protection\DRC Reso #D23-01.doc