Item X3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 18, 2003
Division:
Growth Management
Bulk Item: Yes No X
Department:
Planning
AGENDA ITEM WORDING: Public hearing to consider the adoption of an ordinance
amending Sec. 9,5-268, [Existing Residential Dwellings] to implement the recently approved
Comprehensive Plan amendment Policy 101.4,23 that "grandfathers" residential structures
legally established before January 4, 1996 in order to permit improvements to those
structures,
ITEM BACKGROUND:
The Monroe County Board of County Commissioners recently approved an ordinance
amending Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan. The
intention was to "grandfather" residential structures legally established before January 4,
1996 and permit improvements to those structures.
The proposed amendment to Sec 9.5-268 of the Monroe County Land Development
Regulations enables the implementation of Comp Plan Policy 101.4.23,
PREVIOUS RELEVANT BOCC ACTION: On May 15,2002, the Commission adopted an
amendment to Policy 101.23 of the Year 2010 Comp Plan. The amendment was intended to
permit residences that were legally established prior to January 4, 1996 to be considered as
conforming residential units rather than pre-existing non-conforming residential units and
thus be permitted to be improved. This amendment to the LOR's permits that policy to be
implemented, Only one public hearing required.
CONTRACTIAGREEMENTCHANGES: NM
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: _N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A
Year
--
DIVISION DIRECTOR APPROVAL:
Risk Management
APPROVED BY: County Atty ~
DOCUMENTATION:
Included -2- To Follow
Not Required
DISPOSITION:
Revised 1/03
AGENDA ITEM # .\(' 1>
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Marathon
June 18, 2003
PROPOSED AMENDMENT TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
A request filed by the Monroe County Planning Commission to amend the
Monroe County Land Development Regulations by amending Sec. 9.5-268
(Existing Residential Dwellings) in order to permit improvements to residential
structures legally established before January 4, 1996.
Land Development Regulations text amendment
Staff
Approval
June 2, 2003
Staff Report
DRC
Approval
February 10, 2003
April 9, 2003
Resolution #004-03
PC
Approval
Resolution #P24-03
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: June 2, 2003
RE: AMENDMENT TO SEC. 9.5-268. [EXISTING
RESIDENTIAL DWELLINGS]
I. BACKGROUND
The Monroe County Board of County Commissioners recently approved
an ordinance amending Policy 101.4.23 of the Monroe County Year
2010 Comprehensive Plan. The intention was to "grandfather"
residential structures legally established before January 4, 1996 and
permit improvements to those structures.
The planning commission has approved the Comprehensive Plan
amendment as outlined above. It now remains that the LOR's be
amended accordingly.
The proposed amendment to Sec 9.5-268 of the Monroe County Land
Development Regulations enables the implementation of Comp Plan
Policy 101.4,23.
The proposed amendment was reviewed and approved by the
Development Review Committee at its regularly scheduled meeting of
February 10, 2003.
The Planning Commission at it's March 26, 2003 meeting in Key Largo
voiced concern about the use of the term "dwelling unit" and wanted
to be sure that transient units did not receive the same protection. The
definition of dwelling unit means one or more rooms physically
arranged to create a housekeeping establishment for occupancy by
one family with separate toilet facilities (Sec 9.5-4 (0-31)), A
transient residential unit means a dwelling unit used for transient
housing such as a hotel or motel room or space for parking a
recreational vehicle (See. 9.5-4 (T-4), It is only in ROGO that the two
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are brought together under residential dwelling unit, a dwelling unit
as defined in section 9,5-4 Of the Monroe County Code and expressly
includes the following terms also defined in section 9,5-4: hotel rooms,
campground spaces, mobile homes, transient residential units,
institutional residential units and Iive-aboards (Sec. 9.5-120). Staff
concurs with the Planning Commission that to reduce problems with
future interpretations transient units should be expressly excluded,
The Monroe County Planning Commission, at its public meeting of April
9, 2003, voted to APPROVE the draft text amendment.
II. ANALYSIS &. FINDINGS OF FACT
1. The Commission finds that there is a need to amend Sec. 9.5-268
[Existing Residential Dwellings].
2. The Commission finds that the proposed change is consistent with
Section 9.5-511(d)(5) b. (iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness.
III. PROPOSED TEXT
Sec. 9.5-268. Existing residential dwellings.
Notwithstanding the provisions of sections 9.5-262 and 9.5-263,
the owners of land upon which a lawfully established dwelling unit or a
mobile home, but not including transient units, used JS J principJI
residence prior to the effective dJte of the plJn 'NJ::; IJ'/Jful on the
effective dJte of this chJpter exists prior to the effective dJte of the
plJn 'A'JS IJ'w...ful on the effective dJte of this chJpter shall be entitled to
one (1) dwelling unit for each such unit in existence on the effective
dJte of this chJpter. Such lawfully established dwelling unit shall not
be considered as a non-conforming use,
(Ord. No, 33-1986, 9 9-308)
I * Underlined text is new
* Strikethrough text i::; deleted
IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Planning Commission of
Monroe County, Florida recommends APPROVAL of the proposed
amendment to Section 9.5-268 of the Monroe County Code.
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BOCC ORDINANCE
ORDINANCE NO. -2003
AN ORDINANCE AMENDING SECTION 9.5-268 (EXISTING
RESIDENTIAL DWELLINGS), MONROE COUNTY CODE TO PERMIT
RESIDENTIAL STRUCTURES LEGALLY ESTABLISHED BEFORE
JANUARY 4, 1996 TO BE CONSIDERED AS LEGAL RESIDENTIAL
STRUCTURES AND PERMIT IMPROVEMENTS TO THOSE
STRUCTURES; PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners recently
approved an ordinance amending Policy 101.4.23 of the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, the intention was to "grandfather" residential structures legally
established before January 4, 1996 and permit improvements to those structures; and
WHEREAS, the planning commission has approved the Comprehensive Plan
amendment; and
WHEREAS, the proposed amendment to Sec 9.5-268 of the Monroe County Land
Development Regulations enables the implementation of Policy 101.4.23 of the
Comprehensive Plan; and
WHEREAS, the Commission finds that there is a need to amend Sec. 9.5-268
[Existing Residential Dwellings]; and
WHEREAS, the Commission finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional
detail or comprehensiveness; and
WHEREAS, the proposed amendment was reviewed and approved at the
Development Review Committee meeting of February 10, 2003; and
WHEREAS, the proposed amendment was reviewed and approved at the April
9th, 2003 public hearing of the Planning Commission; and
WHEREAS, the proposed text amendment is consistent with the Monroe County
Year 2010 Comprehensive Plan; and
WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b, (iv)
New Issues and (v) Recognition of a need for additional detail or comprehensiveness;
and
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WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendment to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held a required
public hearing on June 18, 2003; 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 County Code 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.
Chapter 9.5, Section 268 [Existing Residential Dwellings]. Monroe County
Code, is hereby amended as follows:
Sec. 9.5-268, Existing residential dwellings.
Notwithstanding the provisions of sections 9,5-262 and 9.5-263, the owners of
land upon which a lawfullv established dwelling unit or a mobile home, but not includina
transient residential units usod as a principal residence prior to the of.foctive date of the
plan '/Jas l:J\vful on the effective date of this chapter exists prior to tho offective date of
tho plan was Im'Aul on the ef.foctive date of this ch3pter shall be entitled to one (1)
dwelling unit for each such unit in existence on tho effective date of this ch3pter. Such
leaallv-established dwellina unit shall not be considered as a non-conformina use.
(Ord. No, 33-1986, S 9-308)
I * Underlined text is new
Section 2,
Section 3,
Section 4.
Section 5,
* Strikethrough text is deleted
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.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered
to conform to the uniform numbering system of the Code.
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
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. / .
Section 6.
Department of Community Affairs or Administrative Commission
approving the ordinance.
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18111 day of . A.D,. 2003,
Mayor Dixie M, Spehar
Mayor Pro Tem Murray E, Nelson
Commissioner Charles "Sonny. McCoy
Commissioner George Neugent
Commissioner David Rice
Board of County Commissioners
of Monroe County, Florida
(SEAL)
By
Mayor/Chairman
Attest:
Danny l. Kolhage
By
Deputy Clerk
a
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C:\TEMP\BOCC ORD .doc
PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P24-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS BY AMENDING SEC. 9.5-268
[EXISTING RESIDENTIAL DWELLINGS].
WHEREAS, the Monroe County Board of County Commissioners
recently approved an ordinance amending Policy 101.4.23 of the
Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the intention was to "grandfather" residential
structures legally established before January 4, 1996 and permit
improvements to those structures; and
WHEREAS, the planning commission has approved the
Comprehensive Plan amendment as outlined above. It now remains
that the LOR's be amended accordingly; and
WHEREAS, the proposed amendment to Sec 9.5-268 of the
Monroe County Land Development Regulations enables the
implementation of Policy 101.4.23 of the Comprehensive Plan; and
WHEREAS, the Commission finds that there is a need to amend
Sec, 9.5-268 [Existing Residential Dwellings]; and
WHEREAS, the Commission finds that the proposed change is
consistent with Section 9,S-Sll(d)(S) b. (iv) New Issues and (v)
Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, the proposed amendment was reviewed and
approved at the Development Review Committee meeting of February
10, 2003; and
WHEREAS, the proposed amendment was reviewed by the
Planning Commission at a public hearing on March 26, 2003; and
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WHEREAS, the Commission heard sworn testimony of Staff, comments
from the public; and
WHEREAS, the Commission voiced concern about the construction of the
text and continued the hearing to April 9, 2003; and
WHEREAS, at the April 9, 2003 public meeting, the Commission reviewed
the amended text;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding
findings of fact support their decision to recommend APPROVAL to
the Monroe County Board of County Commissioners of the of the
following proposed text amendment to the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department.
PROPOSED TEXT
Sec. 9.5-268. Existing residential dwellings.
Notwithstanding the provisions of sections 9.5-262 and 9.5-263,
the owners of land upon which a lawfully established dwelling unit or a
mobile home, but not including transient residential units used JS J
principJI residence prior to the effective dJte of the plJn 'NJS IJwful on
the effective dJte of this chJpter exists prior to the effective dJte of
the plJn WJS IJ'/Jful on the effective dJte of this chJpter shall be
entitled to one (1) dwelling unit for each such unit in existence on the
effective dJte of this chJpter. Such legally-established dwelling unit
shall not be considered as a non-conforming use.
(Ord. No. 33-1986, 9 9-308)
I * Underlined text is new
* Strikethrough text is deleted
[THIS PAGE IS INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED By the Planning Commission of Monroe
County, Florida at a regular meeting held on the 9th day of April, 2003.
David C. Ritz, Chair YES
Denise Werling, Vice Chair YES
Jerry Coleman, Commissioner YES
Jiulio Margalli, Commissioner YES
Alicia Putney, Commissioner YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of
, 2003
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