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Item R6 R6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: R6 2023-1995 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari AGENDA ITEM WORDING: A public hearing to consider an ordinance amending the Introduction, Background, and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County Code(s). ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is proposing amendments to the Introduction and Background and Glossary of the 2030 Comprehensive Plan, to include a section for rules of construction, amend the definitions of several defined terms for clarification purposes, to clarify the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County Code(s). On October 18, 2023, the BOCC adopted the proposed ordinance. However, the transmitted associated amendment package received attested/signed from the Clerk's Office on November 10, 2023, was rejected by the State Land Planning Agency (Florida Commerce) on the basis that the subject signed amendment package had been received beyond 10 working days of the BOCC's adoption as required by Florida Statutes Section 163.3184. Accordingly, the BOCC must again adopt the instant ordinance. "PLEASE SEE ATTACHED STAFF REPORT FOR FULL DETAILS" PREVIOUS RELEVANT BOCC ACTION: On October 18, 2023, the BOCC adopted the proposed ordinance. However, the associated amendment package that was transmitted to the State Land Planning Agency was returned because the amendment was not attested/signed and submitted within 10 working days of adoption, as required by Florida Statutes Section 163.3184. Therefore, the BOCC must again adopt the ordinance. On June 21, 2023, the BOCC adopted Resolution No. 230-2023 transmitting the proposed ordinance to the State Land Planning Agency. 4701 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe 23-02ACSC Resubmit Letter.pdf 2023-127 MONROE COUNTY 23-02ACSC (ORC) - Glossary updates.pdf 2023-127—SR—BOCC-01.31.24.docx Ordinance.pdf FINANCIAL IMPACT: N/A 4702 F IIIIIIIIMIIIIIIII 0RID... ACOMMERCE IBM= December 7,2023 Ms. Emily Schemer,AICP, CFM Senior Director Monroe County Planning and Environmental Resources Department Marathon Government Center 2798 Overseas Highway,Suite 400 Marathon,Florida 33050 RE: Amendment not Transmitted within 10 Working Days Timeframe Monroe County 23-02ACSC,Background and Glossary Dear Ms. Schemer: On November 14,2023, the Florida Department of Commerce received the adopted amendment package to Monroe County's Comprehensive Plan,amendment number COM#23-02ACSC. Pursuant to Section 163.3184(4), F.S.,all comprehensive plan amendments adopted by the governing body,along with the supporting data and analysis, shall be transmitted within 10 working days after the second public hearing to the state land planning agency and any other agency or local government that provided timely comments under subparagraph 163.3184(4)(e)2., F.S. The amendment was adopted on October 18, 2023,and transmitted on November 14,2023,which is more than 10 working days after adoption. Therefore,this adopted amendment will not be processed as submitted. However, according to the Department's records,Monroe County is still within the 180-day timeframe for adopting the amendment pursuant to subparagraph 163-3184(4)(3)2.The 180-day deadline calculated from the Department's letter dated September 12,2023,is March 10,2024. Therefore,Monroe County may choose to rescind,readopt,and resubmit this comprehensive plan amendment in accordance with the requirements of Section 163.3184(4), F.S.,by March 10,2024. If the County cannot accomplish the readoption by March 10,2024 the 180-day deadline can be extended pursuant to Section 163.3184(4)(e)1. If we may be of further assistance,please contact Donna Harris,Plan Processor, at 850-717-8491 or via email at L)oi,,,=,Jfitr Sincerely, ames D. Stansbury, Chief Bureau of Community Planning and Growth JDS/dh cc: External Agencies An ecjw�opportunity evniployev/prograirin AiAllimy aids and seiMce are wMiable upon reque5t to hidividuais with disalliAhbes,AH vo�ce Idephione inurnbeirs on t1his dowmerit rnay be reached by persons issing'11Y/T ID equiprinent via V w 1�4703 Reiay Sendee at 71.1, County of Monroe Planning&Environmentag esou Tres Department ennt f� Board Of County C QATnmi IlonerRw Marathon. enter � a 3 f 4 Mayor Holly]��e�^u��'��.��C��,District 2798 Overseas hw y,Suite 400ayo .r°ro Temta James. .,Scholl,District 3 Marathom,F 33050 ° Craig Cates,District m FAX (305)289 2536 :David m,r.xce,District 4 We strive to be caring,professional,and fair ELECTRONICALLY RENDERED November 1..4, 2023 Ray Eubanks, Plan Processing Ad mi ni tr #tor Department:of Economic Opportunity Coir rnnunity Planning nd Deve oprne nt 1.07 East Madison ,Street Udwetl Bu l i n , tMSC 1.60 Ta H lhn sse , Florida 32399 Re,,, Monroe C nd rmn unt 2 --g2ACSC Pear Il rw Eubanks, Pursuant to Chapter 163,3184(4), Hoii-ida Statutes, the Monroe County Planning Department, acting witlhniirn th yuris i tion of the l:::torida (Keys Area of Critical State Concern,hereby I ctro nii aPly trrrmmsmrnits the dopted rnn in irme n't to the IMonroe County year 2030 Comprehensive Plan. This airne n rrm rnt is subject to State Coordinated Review lPr c ss, Section 1,.63.3184(4), FloridaStatutes, and the County requests the State ILand Pill ininilunAgency to form fly review the Comprehensive P an arnendiment. "rh is amendment was heard and adopted at a regular meeting n f the Board of County Cornrnissio n rs on O t lb it 1 , 202 (Ordinance 025- 202 . Copies f 'the amendment package ra also befing provide to 'the South Florida IReglional Coummncit, Department f State Plorida Bureau of P"fust rm Preserva-floln, P:°l rn 1::ish and WildlifeConservation C rmnrrnissi un, Department f Agriculture rnd C unsumrner Selvices, Florida Department of Environmental Protection, Ft rii am Department of Transportation, United Statutes Navy (Naval Air Station Key West - Roam CIh ica), South Fll10irli am Water Managernent District, City of Key Colony Beach, Village of lsllarrnorad , City of Layton, Clay of IMarathon and Clay of K y'Westn Copies of'the sampp rturnR data and ainamllysP.s were previously included iiin'th tr rnsmitt ll package. .......... ........................... 4704 The folbwMg table surnmarizes the iterns in the amen cirneint package: ........... ... .......__. ...... Amendment Name Description PC B 0 CC" Hearing Date IHearing Dates AIN RI II BY THE MONROE COUNTY BOARD OF COUN IFY COMIMIISSIIOHERS AIIAIENDIING THE INTRODUCTION AND BACKGROUND,AND GLOSSARY OF I"HE MONROE COUNTY 2030 COMPREHIE114SIlVE PLAN TO CLARIFY THE CON'TIINUIING APPLICATION 011.,THE MONROE couivw 2030 COMPREHENSIVE PLAN TO DEVIELOPMENTAND"11"O ORDINANCE NO.02S-2023 CLARIFY"rH E GENERAL AN D AIDOP"rING AN ORDINANCE DEFINED TERMS SECTIONS AND 06/21/23 AMENDING THE MO ROE TO CILARIIFY CONSTRUCTION OF 05/24/2023 10/18/23 COUNTY 2030 CONRUCTS WITH THE MONROIE- COMPREHENSIIVIE PLAN COUNTY CODE(S);PROVIIDIING FOR SEVERABIL11TY, PROVIDING FOR REPEAL OF CONFI,JCTIING PROVISIONS;PROV01ING FOR I"IRANSMFFTAL TO THE STATE LAND PILAININIIING AGENCY AND THE SECRETARY OF S FATE; PROVIDING FOR INCLUSION IN 111E MONROE COUNTY COMPREFIIENSIIVE PLAIN; PROVIIII)IIING FOR AIN EFFECTIVE DATE(FILE 2023127) .................... .......... ..................___.__... _[...................................... Thank you !in advaince for your tirneIly review of these materials, Should you have any questions about the amendment, please cointact Cheryll Cbffad, Assistant Director of Planning at (305) 407-0924 or cioffari- cheryl@imonroeco�inty-fl.gov. Sincerely, Cheryl Cioffari Assistant Director of Plan6ng Moniroe County IPlaninft& Envi iron mentall Resources Department Enclosures 4705 Cc: Comprehensive Plan Review, Department of Agriculture and Consumer Services Plan Review, Florida Department mf Environmental Protection Deena Woodward, Florida Department of State, Bureau of Historic Preservation Scott Sanders, Florida Fish and Wildlife Commission Kenneth Jeffries, Florida Department ofTransportation Isabel CosioCarba||o,South Florida Regional Planning Council Terry Manning,South Florida Water Management District Christina Gardener, United States Navy, Naval Air Station JenniherDeBuiubriand, Planning Director,Village of|s|amnonJda Silvia Gnansee, City of Key Colony Beach Katie Halloran, Planning Director, City of Key West Brian Shea, Planning Director, City of Marathon Bruce Halle, City ofLayton Board of County Commissioners(vv/oenclosures) BobSh||/|nAer, County Attorney(vv/uenclosures) Roman Gastesi County Administrator(»"/menclosures) Enm||ySchannper, Senior Director ofPlanning & Environmental Resources/w/oenclosures) 4706 F LO R I E)AC04D M M E R C E lIMMM September 12, 2023 The Honorable Craig Cates Mayor, Monroe County 25 Ships Way Big Pine Key, Florida 33043 Dear Mayor Cates: The Florida Department of Commerce (FloridaCommerce) has completed its review of the proposed comprehensive plan amendment for Monroe County (Amendment No.23-02ACSC), which was received on July 14, 2023. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or comments to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriate reviewing agencies, if any,are enclosed. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce within ten working days after the second public hearing pursuant to Section 163.3184(4)(e)2., F.S. If you have any questions related to this review, please contact Jana Williams, Planning Analyst, by telephone at(850) 717-8483 or by email at Jana.Williams@Commerce.fl.gov.I Sincerely, . � °" " Yaznl t -a4dez, Regio4l Planning Administrator Bureau of Community Planning and Growth YV/jw Enclosure: Procedures for Adoption Agency Comments cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council An e quuall cpp.'xortauniity employer/program,Aruxiilluanry aids and service airaa awali0«nble Mimi uponirearguuz,��.to urndivi"iaijals�,niQlhn this lbfllu�ile,,..AN voia e teil l�rlhnnrnu.r,uuiimbws on 4his a�e�rraarne,�rnt ircuia��O Ib,;reached by one ir.�roin,N auaaung TTY/➢II�II:)a.�q uull�nrnae;rnt.moue n�tm IF ioirida� Rdaay Service,at 71,1." 4707 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED:Please submit electronically using FloridaCommerce's electronic amendment submittal portal "Com rehensive Plan and Amendment U load" or submit three complete copies of all comprehensive plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State;the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only); and the Department of Education (amendments relating to public schools);and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Florida Department of Commerce identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name,title, address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments,changes should be shown in strike-through/underline format; In the case.of future land use map amendment,an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation,and its adopted designation; A copy of any data and analyses the local government deems appropriate. Effective:June 2, 2011(Updated July 2023) page 1 of 2 4708 Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the Florida Department of Commerce did not previously review; List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Florida Department of Commerce to the ORC report from the Florida Department of Commerce. Effective:June 2, 2011 (Updated July 2023) Page 2 of 2. 4709 DocuSign Envelope ID:E3Cg65BD-33F1-4865-977A-68AC2ED42500 FDOT ..mm TransportationFlorida Department of ICON DESANTIS 1000 N.W. 111 Avenue JARED W.PERDUE,P.E. GOVERNOR Miami,Florida 33172 SECRETARY August 2, 2023 . Cheryl Cioffari, AICP Assistant Director of Planning Planning and Environmental Resources Department Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, Florida 3300 Subject: Comments for the Monroe County Year 2030 Comprehensive Plan Amendment 23® 2 Dear Ms. CiofFari: Pursuant to Section 163.316 (3), Florida Statutes (F. .), in its role as a reviewing agency as identified in Section 163.3134(1)(c), F. ., the Florida Department of Transportation, District Six, reviewed the proposed text amendments to the Monroe County Year 2030 Comprehensive Flan. The proposed amendments modify text within the Introduction and Background and Glossary of the plan. The District reviewed the amendment package per Chapter 163 Florida Statutes and found the proposed text amendment would not adversely impact transportation resources and facilities of state importance. Thank you for coordinating on the review of this proposed amendments with FDOT. If you have any questions, please do not hesitate to contact me by email at heree ..y,L f0!1qa f(fut. ; e fl k,.is, or at 305- 70- 39 . Sincerely, Docuftned by: �ad.,--^ C16CD067559 ereen ' e Fong Transportation Planner I w r Xdot-gov www.soulhilroads.coin 4710 DocuSign Envelope ID:E3C965BD-33F1-4865-977A-68AC2ED42500 Ms. Cheryl Cioffari August 2, 2023 Page 2 Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Isabel Cosio Carballo, South Florida Regional Planning Council Kathe Lerch, South Florida Regional Planning Council Emily Schemer, AICP, CFM, Monroe County 4711 OFFICE OF THE COMMISSIONER r (850)617-7700 _ THE CAPITOL 400 SOUTH MONROE STREET TALLAHAssEE,FLORID 32399-oSoo FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER WILTON SIMPSON August 7, 2023 VIA EMAIL(schemper-emily@monroecounty-fl.gov) Monroe County Emily Schemper 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Amendment Package Reference Number: Monroe County 23-02ACSC Dear Emily Schemper, The Florida Department of Agriculture and Consumer Services (the "Department") received the above-referenced proposed comprehensive plan amendment on July 18, 2023. The Department has reviewed the proposed amendment pursuant to Section 163.3184, Florida Statutes, for any adverse impacts to important state resources or facilities related to agriculture, forestry, and aquaculture issues. The Department has no comments on the above-referenced proposed comprehensive plan amendment as presented. Please contact me at CompPlans@FDACS.gov if you have any questions. Sincerely, Steven Hall Deputy Assistant Commissioner cc: Florida Department of Economic Opportunity (SLPA#: Monroe County 23-02ACSC) 1-800-HELPFLA www.FDACS.gov 4712 From-. floi Rt2y�Mv To: Eo_wLdL_Emtm�; Cc: MaLi-Am Subjecto [EXFERNAL]-Monroe County 23-02ACSC Proposed Date: Friday,August 11,2023 535:35 PM Attachments-. ..................._''_,,"_............... To: Barbara Powell, Deputy Bureau Chief, Plan Review and Processing Re: Monroe County 23-02A.CSC—State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection(Department)has reviewed the above-referenced amendment package under the provisions of Chapter 1.63, Florida Statutes, The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution;wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to IIN A gny. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. Q; 4713 From: 112161 U IIs2b It To: sclign are:*rrY, ruunuuac,u uuull.', N'll.a:a:; Cc: crag !r+r 4 i',r 'N a ui ru u ';ll:'u4',.9"n �p I V.21 i l a7u M:+'ry7nru m,uo^w Subject: [EXTERNAL]-FWC"s Comments on Monroe County 23-02ACSC(Background and Glossary revisions) Date: Saturday,August 12,2023 6:28:48 AM Dear Ms. Schemper, Florida Fish and Wildlife Conservation Commission(FWC) staff reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments,recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. FWC staff appreciate the opportunity to review this project. Please send any requests for further information to Um;,�, . � ;i �l V ��,l°l'il a ,,,S ro Sincerely, Robert Irving Land Use Planning Program Supervisor Florida Fish and Wildlife Conservation Commission Phone: (850)354-3578 Monroe County 23-02ACSC 56482 4714 1H l3 ff 2 �1JlJllllllllllllllll��lllllllllllllllllllllllllllt � � %%///////// �llllllllllllllllll ! �llllUl�� .� 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 9 To: Monroe County Board of County Commissioners 10 11 From: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and 12 Environmental Resources Department 13 14 Date: January 3, 2024 15 16 Subject: A public hearing to consider an ordinance amending the Introduction and Background, 17 and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the continuing 18 application of the Monroe County 2030 Comprehensive Plan to development, to clarify 19 the General and Defined Terms sections, and to clarify construction of conflicts with the 20 Monroe County Code(s). 21 22 Meeting: January 31, 2024 23 24 25 I. REQUEST 26 27 The Monroe County Planning & Environmental Resources Department is proposing amendments to the 28 Introduction and Background, and Glossary of the 2030 Comprehensive Plan, to include a section for 29 rules of construction, amend the definitions of several defined terms for clarification purposes,to clarify 30 the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify 31 the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County 32 Code(s). 33 34 On October 18, 2023, the BOCC adopted the proposed ordinance. However, the associated 35 amendment package that was transmitted to the State Land Planning Agency was returned 36 because the amendment was not signed and submitted within 10 working days of adoption. 37 Therefore, the BOCC must reconsider the proposed ordinance. 38 18 II. BACKGROUND INFORMATION 41 Community Meeting and Public Participation 42 In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a community meeting for 43 the Comprehensive Plan and Land Development Code text amendments was held on February 7, 2023, 44 providing for public input. There were ten (10) members of the public in attendance. (Note: This item 45 was originally included as part of File No. 2022-093, but has now been separated as a standalone 19 ordinance under new File No. 2023-127) 48 Monroe County Development Review Committee Meeting 49 The Development Review Committee considered the proposed amendment at a regular meeting on April 50 25, 2023 (as part of File 2022-093). 1 of 8 4715 I Monroe County Planning Commission 2 The Monroe County Planning Commission considered the proposed amendment at a regular meeting on 3 May 24, 2023 (as part of File No. 2022-093) and recommended approval of these specific amendments 4 through Planning Commission Resolution No. P22-23. 5 6 Transmittal to the State Land Planning Agency 7 On June 21, 2023, at a regularly scheduled meeting, the Monroe County Board of County 8 Commissioners (BOCC) held a public hearing to consider transmittal of the proposed ordinance to the 9 State Land Planning Agency, and provided for public comment. The BOCC adopted Resolution No 230- 10 2023, transmitting the proposed ordinance to the State Land Planning Agency. 11 12 On September 12, 2023, the State Land Planning Agency issued its Objections, Recommendations and 13 Comments (ORC) report and did not identify any objections, recommendations, or comments. The 14 BOCC has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the 15 amendment with changes or not adopt the amendment. 16 17 Adoption of Amendment 18 On October 18, 2023, the BOCC adopted the proposed ordinance. However, the associated amendment 19 package that was transmitted to the State Land Planning Agency was returned because the amendment 20 was not signed submitted within 10 working days of adoption, as required by Section 163.3184 F.S. 21 Therefore, the BOCC must reconsider the proposed ordinance. 22 23 24 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 25 � icle piticcd;deletions are in rechll�itril�e fllFo�llg�l.). 26 Propose Amendment(additions are shown in �rrc� �,, 27 28 1.0 -INTRODUCTION AND BACKGROUND 29 30 ***** �� 31 c �fm�lll.:s ��i ,'��mistm ��m.i��t� i hi:� � fiic c��uicV, u�cfiu��ti �u�� c �ut �� :�fic��"fi��fiu�'��'�.... l ficc ��u .... iyTM!!,��c ��l Iflcuc Motiroe y omqy.. 32 CoiliprehgIlsive flblg, fi c ig fi is ccctiog c f . be observed mi ess si0i...cogstmctioti woii l 33 he uulc(Mcuccerlfi wucpc fipcc..:plululudycfi uuifiynfi Ord c,Vcc p"(). y I ...cxviccccd uu;i. fipcc ".oallpLc.L�!!�uv.e 1 i,lul..A. „� �, 3 8 34 �;�� epcaiicu�fi S�� [?.��fiuS��...fi2c��c��d°. ��p�� fic�p ��fi��fi fi�� F y'� 1t�3...�� p F,y y'� ;�,GD 112c mpcc o 35 couicfi��„�cfiuoti ��u ...��u��p �i�.duu�ufiu��G�� icp pLs2yusuow,. ) ccfi s;2ufi uui.d2uc yoallvi6cu!cuc2 11biul2 �p�p ..� � uiot be.... 36 us� I' l 'Itly e2g2�cc�...pr� )cisiogc ex6j(pit1g cljcly��y ,tccfiu�� d°� �� y ucu��c �� fiu��c� ��:.� �� „��fi��u�'.. .. ... ..... od c�;��i.2 sectiotl is pp,Iuuip L� 2!jg2�mfifli„ereto.: 38 39 (1( Illf:(.:m mi � 2 �u cVcc uu�fiy� �cfi cu�ru� �:: cl 1p21,2pic ltiotl Ord 'Itly J:M2Yrc !Q!! Ord fl-iis Motiroe .Comity: 40 y'.oilli2rcl cnsicy 1)bM, file req!! ircyicjjts of filiis y'oaM,2rghg11sicc 1)big c2 �„pp 2c I-iekl to be filly 41 acj!ujua11!1n11 Lcg!jireiiiy„tlfi ��p�, fic p lor flic p ��ac.��fiu�� ..oI I fi2y 12uhuc 2c W11 s dICly, cQjjfort, 43 44 (2) „imimllliuca:l[) plait :. jiere My �1c11!liti rtL) QL ffs2yisio;L) s:rd fiV-iu "ii otirore Comity: 45 CoillpLyUc11cive I CHI uqllpQccc rccfiru..fiuouic....i�pQtl....(] cljlkjccfi ncicifificb ...V2ciui ciuiofi2c.:.. 46 (1011!litioti(s( SSE prQyicioti(s( iaclp s� see] .. y 12is Coill[,?Eel[icpcicc (N ti, clic cpy("itlitioti(s( � b: 47 �bitioti cVc fpp be cflccaciecl to be cotitrrorp it�L)- 48 yMiere My �Jgl1igitioti( ( Q �i��cicu„�� ( ( Q1 fl-iic Motiroe y'oiglty y oiM,2reh 11sicc...NIM i'RWQ ec p��u�c ��'��u� � c��2ccc q �fifiy„ fi2 � '�....�u��fi2 �pcdu„ ufiu(�u�Q,, ( �� '.��uo,u�Q, ( uypS2cc 49 ll.c a�fic Il ;c restrict 2of8 4716 I by fie M��urQg U"id Devekumign! CQ&-, tg C�ml[,?Edlegsive Pkig (101,itlitiotl(s) ��[ 2 gkitioti sViffl be &eaiecl to be cotrtroHittL,- 3 4 (3) ener:flHN. Ili I ol, fllis CoalvL�U!I�ive Pkitl S�Iffl , pppy jQ !Lc !jLjiticomonitecl 5 it is ol'Motiroe Comity: S21 Eutevcr typc art cLcircicter,, itick ( itlg b!j! LQi 6 Hajtecl to kiticMeirigg, M(Vor flic awkitig Q1 , t y I I I (I E qu temi� ig flic , ruice ol' 'Itly. 7 klffil, flic delritig 421'kiticl ais aiti i(jj!j!jcj ol'cotistmctioti, cotlstmnoti, flic clrryV!jg Q!jt of 'my. 8 biJklWg) t1CtMjy,, S)r flic gIwkigg) Ski" tMy qwterilp dimgg ig flic U?pg,1r(mce of (My siDJci!�re-1 9 S�Iffl coallL Eifll fllis CoalpLcLc11cive Pkiti No &vdoptjj�!jj �Lffl be miclemiketi wifliom 10 [,?Eior igcl issig,igce of i clevdop�jjepj pg!Edt mitten flic oI, fl1e 11 CoalpLcL 11cive Pkitl iticl Liticl 12 13 14 Glossary 15 General 16 17 If definitions sought are not within this section, the County shall utilize the adopted definitions of its 18 LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the 19 County shall utilize the term as commonly used. 20 21 Rtfles of" C I onstrtiction. hi flic cotistmaimi imcl iu!02 !(Mott ol I flic S21'fliis Motiroe Comity 22 CoaipreLgIlsive Pkiti (_flosslry,!Le E!i gs set o1a fill fllis sectioti s�iffl be observe(I mi�ess siOi cotistmaimi 23 woil kl be pblitil I .y !U�S2U�!�tetlt wifli flic awtlilest ititent ol'flle �"(-)Cc Is expL��Ll iti flic CM 112L6c2civc 24 [ e c038 l'P d fl j t F �0i M, origeaienorpS�qotiiereol-1 1( oj 0 25 cotistmaimi iticl cle ffiL lis Co _ mel " ' �a 26 � t ' y sgti olIfllgcg [?ES yuswtisor re,!�bltiogs fliit sifflcogmiti My [,?rovisiotis 27 exck�(Iitu.) �!I�L �S2LI�IL�j�jioti, or Wicre flic sijj��j �j�,itter or comext ol'siOi sectioti is pklitlly Lcpw(al'Urt 28 fliereto \Ajiere wly �Iglj!jitiotl(s) I I wl (_flossciry gg)-Egiter S�E prs�yisiot (�) S�1'!Lis Co� 1preLglisive N, iti iioe ' L) s2L Ms2yisiotl(,�) ialj2Q��d by !Iis29 restrictiotis iapQ!j 'I sljjccj nji,Mer 30 Cog ipreLgIlsive PkM., flic clel'itlitiog S) e I ILe 6,!-giter restgnoti or r gg!il,itioti sl�iffl 31 be cleeaiecl to be cowroHitig: �ELL� (MY Llhlitiotl(,�) s2L ffQyisiotL) Q1 fljs Motir(2e Comity 32 CoaipreLgIlsive Pkiti (--flosslEy g)Lgiter restnnogs ii[,)oti i stjjgq gjjitter fliig igoflier 33 clel I itiitiotL) Ott QyisiotL) ialpQ Ll by flic Motiroe Coin L ity mcl Deydop�!�cIjj LQ ,L ±� 34 CoaipreLgIlsive Pkiti (_flosslry (101,itlitiog(s) SrE prsryisiotl(s) ialps itig jLg 6,Lgiter restrictiog or regijkitioti 35 s� ffl be clegaiecl to be cotiti:oH!u,(,), 36 37 38 A 39 Abandoned means the voluntary discontinuation of a kiticl use. When flie I j2LQj2L!y,s kiticl use oki 40 [,)Fopef�y has ceased and the property has been vacant for 18 months, abandonment of flic kiticl use will 41 be presumed unless the owner can show that a diligent effort has been made to sell, rent, or tise etlgnlg� 42 the property iti ti rdevqq k)f: �i legally permissible kiticl use. This excludes temporary or short-term 43 interruptions to a kiticl use oFietavity during periods of remodeling, maintaining, or otherwise 44 improving or rearranging a facility, or during normal periods of vacation or seasonal closure. 45 46 47 B 48 3 of 8 4717 I Building means a structure that is located on land or water eligUge�l ig i big(I i�se or fliit gm be i�secl for or M occUpmlcy, 'im emi b iiseEl 14 bi�stiess;2 i , � 3 either temporarily or permanently. 4 5 C 6 7 memis buicMein'tig: 8 9 Construction memis flic ict of cogstm�j�'[I,()- ci stmcwre or biJklig,(.) s�[j rgl� prs�pgE!y by Q� 10 'ILI,migi�!jg S2LI QL aTlore stmcWrci� or biJkli'tlg i2cins, C Calellts, 'IssemNies, or si�b 11 issemNies 12 13 D 14 15 Development means the a l 1�u tig Q1 I mly ajjlterjl dimigue iti flic U?pgIr(mce ol I My bul(I itidmlitu.) biq !jQj 16 Hmitecl to buicIdeiritU.) mcl/or flic delrit Q1 is 'm clj!jLlcj Q1 cotistmaoti,, lsii` g 17 auiteriiV dimlge iti flic i�se ol',my bul(L cogstmnoti,flic cc r t ol mly b!Jkl�'gg-'Invay,flic audjgg) I IY�U)-S�!� 18 ol,,My dlm,(.)� itl flic 11,2p�,Ircmce ol"My �Inj�!�JLC, flic aufl�itlg Q1 I'My �jjlteril� dimigr� iti fli,e i�se 19 ol, (Itly flic clivicligg) SDI' big(I itito flirce or more plrcek, or flic girl.ymg Qla ol, (IUY 20 op�LItioti, the euiFfy4lgr ol t ol, mly ie4ivity or m4litlgr o[,)eF&HwI; flie m,441 4, mly m4eF M 21 22 [,)uiFeek 23 24 The following uuctivities of iises shall be taken for the purposes of this Comprehensive Plan to involve 25 "development," as defined in this grQlossary: 26 27 b) CVelritig Q1 I big(I is mi mJjmict ol'cotistmctiog 28 c) 29 1) u1) A reconstruction, alteration of the size, or material change in the external appearance of a 30 structure on land. 31 b) g) A change in the intensity of use of land, such as an increase in the number of dwelling units in 32 a structure or on land or a material increase in the number of businesses, manufacturing 33 establishments, offices, or dwelling units in a structure or on land. 34 c) I I,) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any 35 "coastal construction" as defined in Section 161.021, F.S. 36 4)6)-,) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of 37 land. 38 e) L) Demolition of a structure. 39 1) Oe�IF41g (4,imlkl �1!1, 8H ffiljlfflet el 40 gr) i) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 41 42 The following opet-a shall not be taken for the purpose of this Comprehensive Plan to involve 43 "development" as defined in this gQlossary: 44 a) Work by a highway or road agency or railroad company for the maintenance or improvement of 45 a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. 46 b) Work by any utility and other persons engaged in the distribution or transmission of gas, 47 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-of-way 48 or corridors, or constructing on established rights-of-way or to-be-established rights-of-way or 49 corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the 4 of 8 4718 I like. This provision conveys no property interest and does not eliminate any applicable notice 2 requirements to affected land owners. 3 c)Work for the maintenance,renewal,improvement, or alteration of any structure,if the work affects 4 only the interior or the color of the structure or the decoration of the exterior of the structure. 5 d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental 6 to enjoyment of the dwelling. 7 e) A V,Md use 4 1e Ilse (4....'Iuly �.wiel....for the purpose of growing plants, crops, trees, and other 8 agricultural or forestry products; raising livestock; or for other agricultural purposes. 9 f) A change in use of land or structure from a use within a category specified in an ordinance or rule 10 to another use in the same category. 11 g) A change in the ownership or form of ownership of any parcel or structure. 12 h) The creation or termination of rights of access, riparian rights, easements, distribution and 13 transmission corridors, covenants concerning development of land, or other rights in land. 14 "Development," includes all other development customarily associated with it unless otherwise 15 specified. When appropriate to the context, "development" refers to the act of developing or to the , ;�L operation is not intended�16 result o development. Reference to any specific ��cu, ��cuu��fiy:.... V,.mj u............................... 17 to mean that the icj, Icflvuty:.., V,m(fl.:usg, ��E m2gL(�„otl when part of another �icfi., 18 n ° .. �, is not .. r c �cu:uc�uuyl ..�(�u�cl �,�sc, ��b....�� gL'�fiu��ui..�A � n � ° �� development' ��.�..fiuc��V��,.... 19 �4„e erence to otic or...aiiorc...uypc(c) ��E ��a�� .�, ��d... mW ucc. Ict(c)., ��,cfiucuj 20 opeF itu on.s is not intended to limit the generality of this definition. 21 22 ***** 23 G 24 ***** 25 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol mcl 26 1,E .11:.y p c including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), 27 hydrofluorocarbons(HFCs),perfluorocarbons (PFCs), and sulfur hexafluoride(SF6).Direct GHGEs are 28 emissions from sources that are owned or controlled by the reporting entity such as energy use for the 29 electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the activities 30 of the reporting entity, but occur at sources owned or controlled by another entity. 31 32 ***** 33 L 34 ***** 35 I(fl cle(11,11aar M CCHIc ulic... rggloc, ol, yc �1c �u jj dlj mcc of 36 or.subs rcitc (�s2 ) au��up��fiu��u� ]L��u��flcV ��uu� u k J 37 � Iyc m11,ddtig Sid",My qw tcr�,IV cl,M,(.)c utl flyc U2[,?g1r(mcc olI'My V,mcl 38 39 ***** 40 N 41 ***** 42 Nonconforming Use means a �, mcl use which does not conform to a current provision or regulation 43 provided in the Comprehensive Plan and/or LDC. 44 45 Nonconforming Use, Lawful means a V,mcl use which does not conform to a current provision or 46 regulation provided in the Comprehensive Plan and/or LDC,but was permitted, or otherwise in existence 47 lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that 48 rendered the� �,;u„cl use nonconforming. 49 5 of 8 4719 2 R 3 4 5 Redevelopment means t c sutc &vc o[,?��J: Jljs t tic�mlcs bm us tiot utljtc( to 6 rehabilitation, improvement, and/or demolition and replacement of existing development on a site 7 8 9 S 10 11 Structure means anything constructed, installed or portable, t1ioviNe or ti(�t tliovlNc, tcmp��EEy 12 �'Iticl file Ilse ol'*hIiell Feql4es �1 Voeatwtl wl �1 13 [,eiFM el VmiEl it itlekieles a mevab1 e blid('141g flla�tem be I+IieEl 14 �Iwlsitlg; e0ffiffiefHM; 14 agrt,ieiikimfl oF 414ee [)HFJ,)0SeS; eit'lff teffi[)Ofiffi y OF f3effillfflefifly7The term also includes but is not 15 limited to, buildings, roads, walkways of impervious materials, paths, fences, swimming pools, sport 16 courts, poles, utility lines, signs, cisterns, sewage treatment plants, sheds, docks, and other accessory 17 construction. 18 19 U 20 21 [Jse memis �,mcl itsc 22 23 24 IV. ANALYSIS OF PROPOSED AMENDMENT 25 26 Amendments to the Glossary of the Comprehensive Plan are necessary to clarify the continuing 27 application of the Monroe County 2030 Comprehensive Plan to development, to clarify the general and 28 defined terms section and to clarify the construction conflicts with the Monroe County Code. 29 30 31 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 32 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 33 34 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 35 County 2030 Comprehensive Plan. Specifically, it furthers: 36 37 GOAL 101 38 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County 39 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)] 40 41 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys 42 Area, Section 380.0552(7), Florida Statutes. 43 44 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles 45 for guiding development and any amendments to the principles, the principles shall be construed as a whole and 46 no specific provision shall be construed or applied in isolation from the other provisions. 47 48 (a) Strengthening local government capabilities for managing land use and development so that local 49 government is able to achieve these objectives without continuing the area of critical state concern 50 designation. 6 of 8 4720 I (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 2 wetlands, fish and wildlife, and their habitat. 3 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 4 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 5 their habitat. 6 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 7 development. 8 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 9 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 10 ensuring that development is compatible with the unique historic character of the Florida Keys. 11 (g) Protecting the historical heritage of the Florida Keys. 12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 13 public investments,including: 14 1. The Florida Keys Aqueduct and water supply facilities; 15 2. Sewage collection, treatment, and disposal facilities; 16 3. Solid waste treatment, collection, and disposal facilities; 17 4. Key West Naval Air Station and other military facilities; 18 5. Transportation facilities; 19 6. Federal parks,wildlife refuges, and marine sanctuaries; 20 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 21 8. City electric service and the Florida Keys Electric Co-op; and 22 9. Other utilities, as appropriate. 23 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and 24 replacement of stormwater management facilities; central sewage collection; treatment and disposal 25 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and 26 disposal systems. 27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 28 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as 29 applicable, and by directing growth to areas served by central wastewater treatment facilities through 30 permit allocation systems. 31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 32 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 33 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 34 manmade disaster and for a post disaster reconstruction plan. 35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 36 Florida Keys as a unique Florida resource. 37 38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 39 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 40 41 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). 42 Specifically, the amendment furthers: 43 44 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance 45 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the 46 public interest; overcome present handicaps; and deal effectively with future problems that may result from 47 the use and development of land within their jurisdictions. Through the process of comprehensive planning, 48 it is intended that units of local government can preserve, promote, protect, and improve the public health, 49 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general 50 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, 51 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and 52 protect natural resources within their jurisdictions. 53 7of8 4721 1 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set 2 out in this act and that no public or private development shall be permitted except in conformity with 3 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. 4 5 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines,standards, and strategies 6 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the 7 area that reflects community commitments to implement the plan and its elements. These principles and 8 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to 9 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the 10 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local 11 government's programs, activities,and land development regulations will be initiated,modified,or continued 12 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the 13 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those 14 programs, activities, and land development regulations that will be part of the strategy for implementing the 15 comprehensive plan and the principles that describe how the programs, activities, and land development 16 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and 17 development of land and provide meaningful guidelines for the content of more detailed land development 18 and use regulations. 19 20 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority. 21 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part, 22 by the adoption and enforcement of appropriate local regulations on the development of lands and waters 23 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations 24 for the development of land or the adoption and enforcement by a governing body of a land development code 25 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive 26 plan as required by this act. 27 28 29 VI. PROCESS 30 31 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Monroe 32 County Planning Commission, the Senior Director of the Monroe County Planning and Environmental 33 Resources Department, or the owner or other person having a contractual interest in property to be 34 affected by a proposed amendment. The Senior Director of the Monroe County Planning and 35 Environmental Resources Department shall review and process applications as they are received and 36 pass them onto the Monroe County Development Review Committee and the Monroe County Planning 37 Commission. 38 39 The Monroe County Planning Commission ("Planning Commission") shall hold at least one public 40 hearing. The Planning Commission shall review the application,the reports and recommendations of the 41 professional staff, Development Review Committee("DRC"), and public comment given. The Planning 42 Commission shall submit its recommendations to the Board of County Commissioners ("Board" or 43 "County"). The Board holds a public hearing to consider approval to transmit the subject comprehensive 44 plan amendment and considers the professional staff's recommendations, the professional staff's 45 report(s), and public comment and/or testimony given. Upon approval the amendment is transmitted to 46 State Land Planning Agency (the Department of Economic Opportunity), which then reviews the 47 proposal and issues an Objections, Recommendations and Comments ("ORC") Report. Upon receipt of 48 the ORC report,the County has 180 days to adopt the amendments, adopt the amendments with changes 49 or not adopt the amendment. 50 51 VII. STAFF RECOMMENDATION 8of8 4722 1 2 Staff recommends approval of the proposed ordinance. 9of8 4723 18, , Y 2 4� 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2024 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 11 COUNTY COMMISSIONERS AMENDING THE INTRODUCTION 12 AND BACKGROUND AND GLOSSARY OF THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE 14 CONTINUING APPLICATION OF THE MONROE COUNTY 2030 15 COMPREHENSIVE PLAN TO DEVELOPMENT, TO CLARIFY 16 THE GENERAL AND DEFINED TERMS SECTIONS, TO CLARIFY 17 THE CONSTRUCTION OF CONFLICTS WITH THE MONROE 18 COUNTY CODE(S); PROVIDING FOR SEVERABILITY; 19 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 20 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 21 PLANNING AGENCY AND THE SECRETARY OF STATE; 22 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 23 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 24 DATE. 25 26 27 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida 28 Statutes, the Board of County Commissioners of Monroe County, Florida ("Monroe County", 29 "BOCC", "Board", or the"County"),possesses the constitutional police power to enact ordinances 30 in order to protect the health, safety, and welfare of the County's citizens; and 31 32 WHEREAS, pursuant to Land Development Code ("LDC") Section 102-159(b)(3) a 33 community meeting was held on February 7, 2023; and 34 35 WHEREAS, the Monroe County Development Review Committee ("DRC") thereafter 36 met to consider amendment of the below-referenced provisions of the Monroe County 2030 37 Comprehensive Plan at a regularly scheduled meeting held on April 25, 2023; and 38 39 WHEREAS, on May 24, 2023, the Monroe County Planning Commission ("Planning 40 Commission") held a public hearing for the purpose of considering amendment of the below- 41 referenced provisions of the Monroe County 2030 Comprehensive Plan and provided for public 42 comment; and 43 44 WHEREAS, based upon the information and documentation submitted, the Planning 45 Commission made the following findings of fact and conclusions of law: 46 47 1. The proposed amendment is consistent with the Goals, Objectives, and Policies of the 48 Monroe County Year 2030 Comprehensive Plan; and 1 of 8 4724 1 2. The proposed amendment is consistent with the Principles for Guiding Development 2 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 3 Statutes; and 4 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; 5 6 WHEREAS, the Planning Commission recommended approval including staff requested 7 edits regarding the proposed amendment; and 8 9 WHEREAS, at a regular meeting held on the 21 st day of June, 2023, the Board of County 10 Commissioners of Monroe County,Florida, held a public hearing to consider the transmittal of the 11 proposed text amendment, considered the professional staffs recommendations and the 12 professional staff report, and provided for public comment; and 13 14 WHEREAS, at a regular meeting held on the 21 st day of June, 2023, the Board of County 15 Commissioners of Monroe County, Florida, considered the subject Ordinance and approved 16 transmittal of the proposed text amendment to the state land planning agency; and 17 18 WHEREAS, the state land planning agency reviewed the amendment and issued an 19 Objections, Recommendations and Comments ("ORC")report on September 12, 2023; and 20 21 WHEREAS, the ORC report did not identify any objections, recommendations, or 22 comments; and 23 24 WHEREAS, the Board has 180 days from the date of receipt of the ORC to adopt the 25 proposed amendment, adopt the amendment with changes, or not adopt the amendment; and 26 27 WHEREAS, at a regularly scheduled meeting held on the 31' day of January, 2024, the 28 County held a public hearing to consider adoption of the proposed Comprehensive Plan text 29 amendment; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 33 34 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, 35 conclusions of law, and statements of legislative purpose and legislative intent are true and correct 36 and are hereby incorporated as if fully stated herein. 37 38 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as 39 follows (deletions are shown sue; additions are shown underlined): 40 41 ***** 42 1.0 -INTRODUCTION AND BACKGROUND 43 44 ***** 45 c. Rules of Construction. In the construction and interpretation of the language of this Monroe 46 County Comprehensive Plan, the rules set out in this section shall be observed unless such 2of8 4725 I construction would be plainly inconsistent with the manifest intent of the BOCC as expressed in 2 the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and 3 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this 4 Comprehensive Plan shall not be applied to any section of these provisions or regulations that shall 5 contain any express provisions excluding such construction or where the subject matter or context 6 of such section is plainly repugnant thereto. 7 8 (1) Purpose. In the interpretation and application of any provision of this Monroe County 9 Comprehensive Plan, the requirements of this Comprehensive Plan shall be held to be 10 the minimum requirements adopted for the promotion of the public health, safety, 11 comfort, convenience and general welfare. 12 13 (2) Applicability. Where any definition(s) or provision(s) of this Monroe County 14 Comprehensive Plan imposes greater restrictions upon a subject matter than another 15 definition(s) or provision(s) imposed by this Comprehensive Plan, the definition(s) or 16 provision(s) imposing the greater restriction or regulation shall be deemed to be 17 controlling. Where any definition(s) or provision(s) of this Monroe County 18 Comprehensive Plan imposes greater restrictions upon a subject matter than another 19 definition(s) or provision(s) imposed by the Monroe County Land Development Code, 20 the Comprehensive Plan definition(s) or provision(s) imposing the greater restriction 21 or regulation shall be deemed to be controlling. 22 23 (3) Generally. The provisions of this Comprehensive Plan shall apply to the 24 unincorporated areas of Monroe County. All development of whatever type or 25 character, including but not limited to landclearing and/or the making _of any any material 26 change in the appearance of any land,the clearing of land as an adjunct of construction, 27 construction, the carrying out of any building activity, or the making _of any any material 28 change in the appearance of any structure, shall comply with this Comprehensive Plan. 29 No development shall be undertaken without prior approval and issuance of a 30 development permit under the provisions of the Comprehensive Plan and Land 31 Development Code. 32 33 ***** 34 Glossary 35 General 36 37 If definitions sought are not within this section, the County shall utilize the adopted definitions of 38 its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these 39 documents, the County shall utilize the term as commonly used. 40 41 Rules of Construction. In the construction and interpretation of the language of this Monroe 42 County Comprehensive Plan Glossary, the rules set out in this section shall be observed unless 43 such construction would be plainly inconsistent with the manifest intent of the BOCC as expressed 44 in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and 45 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this 46 Comprehensive Plan Glossary shall not be applied to any section of these provisions or regulations 3 of 8 4726 I that shall contain any express provisions excluding such construction or where the subject matter 2 or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) of 3 this Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another 4 definition(s)or provision(s)imposed by this Comprehensive Plan,the definition(s) or provision(s) 5 imposing _the greater restriction or regulation shall be deemed to be controlling. Where any greater restriction or regulation shall be deemed to be controlling. Where any 6 definition(s)or provision(s)of this Monroe County Comprehensive Plan Glossary imposes greater 7 restrictions upon a subject matter than another definition(s)or provision(s)imposed by the Monroe 8 County Land Development Code, the Comprehensive Plan Glossary definition(s) or provision(s) 9 imposing the greater restriction or regulation shall be deemed to be controllingthe greater restriction or regulation shall be deemed to be controlling. 10 11 ***** 12 A 13 Abandoned means the voluntary discontinuation of a land use. When+I+e a property's land use e€ 14 a pr-epefty has ceased and the property has been vacant for 18 months, abandonment of the land 15 use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, 16 or use engage the property in a relevant€er-a legally permissible land use. This excludes 17 temporary or short-term interruptions to a land use during periods of remodeling, 18 maintaining, or otherwise improving or rearranging a facility, or during normal periods of 19 vacation or seasonal closure. 20 21 ***** 22 B 23 ***** 24 Building means a structure that is located on land or water engaged in a land use or that can be 25 used for supporting or sheltering any land use or occupancy, 26 btisiness, eemmer-eial, agr-ietiltti al, storage or- effee ptwpeses-, either temporarily or permanently. 27 ***** 28 C 29 ***** 30 CleariLg means landclearing. 31 ***** 32 Construction means the act of constructing a structure or building on real property by combining 33 or arranging one or more structural or building, systems, components,parts, elements, assemblies, 34 or sub-assemblies. 35 ***** 36 D 37 ***** 38 Development means the making of any material change in the appearance of any land including 39 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making 40 of any material change in the use of any land, construction, the carrying out of any building 41 activity, the making _of any material change in the appearance of any structure, the making g of any 42 material change in the use of any structure, the dividing of land into three or more parcels, or the 43 carrying out of any mining operation. , 44 45 . 46 4of8 4727 I The following ti,i ti— „ses shall be taken for the purposes of this Comprehensive Plan to 2 involve "development," as defined in this g jlossary: 3 a) Landclearing. 4 b) Clearing of land as an adjunct of construction. 5 c) Construction. 6 a) d) A reconstruction, alteration of the size, or material change in the external appearance of 7 a structure on land. 8 b4 e) A change in the intensity of use of land, such as an increase in the number of dwelling 9 units in a structure or on land or a material increase in the number of businesses,manufacturing 10 establishments, offices, or dwelling units in a structure or on land. 11 c—) fD Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including 12 any "coastal construction" as defined in Section 161.021, F.S. 13 d) g) Commencement of drilling, except to obtain soil samples, mining, or excavation on a 14 parcel of land. 15 e)W Demolition of a structure. 17 g)J�Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 18 19 The following tises shall not be taken for the purpose of this Comprehensive Plan to 20 involve "development" as defined in this gGlossary: 21 a)Work by a highway or road agency or railroad company for the maintenance or improvement 22 of a road or railroad track, if the work is carried out on land within the boundaries of the right- 23 of-way. 24 b) Work by any utility and other persons engaged in the distribution or transmission of gas, 25 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights- 26 of-way or corridors, or constructing on established rights-of-way or to-be-established rights- 27 of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, 28 poles, tracks, or the like. This provision conveys no property interest and does not eliminate 29 any applicable notice requirements to affected land owners. 30 c)Work for the maintenance,renewal, improvement, or alteration of any structure, if the work 31 affects only the interior or the color of the structure or the decoration of the exterior of the 32 structure. 33 d) The use of any structure or land devoted to dwelling uses for any purpose customarily 34 incidental to enjoyment of the dwelling. 35 e) A land use for the purpose of growing plants, crops, trees, and other 36 agricultural or forestry products; raising livestock; or for other agricultural purposes. 37 f) A change in use of land or structure from a use within a category specified in an ordinance 38 or rule to another use in the same category. 39 g) A change in the ownership or form of ownership of any parcel or structure. 40 h) The creation or termination of rights of access, riparian rights, easements, distribution and 41 transmission corridors, covenants concerning development of land, or other rights in land. 42 "Development," includes all other development customarily associated with it unless 43 otherwise specified. When appropriate to the context, "development" refers to the act of 44 developing or to the result of development. Reference to any specific act, activity, land use, or 45 operation is not intended to mean that the act, activity, land use, or operation 46 aetivi when part of another act, activity, land use, or operation, toe-eper-4iens or aetivi-i � 5of8 4728 I is not"development". Particular Rreference to one or more type(s) or number(s) of land use, 2 act(s), activity(ies), or operation; eper-4iens is not intended to limit the generality of this 3 definition. 4 5 6 G 7 8 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol 9 and Paris Agreement, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), 10 hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct 11 GHGEs are emissions from sources that are owned or controlled by the reporting entity such as 12 energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a 13 consequence of the activities of the reporting entity, but occur at sources owned or controlled by 14 another entity. 15 16 ***** 17 L 18 ***** 19 Landclearing means the clearing or removal of vegetation and including significant disturbance of 20 vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes 21 development as the making _of any material change in the appearance of any any material change in the appearance of any land. 22 23 ***** 24 N 25 ***** 26 Nonconforming Use means a land use which does not conform to a current provision or regulation 27 provided in the Comprehensive Plan and/or LDC. 28 29 Nonconforming Use, Lawful means a land use which does not conform to a current provision or 30 regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in 31 existence lawfully, prior to the effective date of the ordinance adopting the current provision or 32 regulation that rendered the land use nonconforming. 33 34 ***** 35 R 36 ***** 37 38 Redevelopment means the development of a site already developed. This includes but is not 39 limited to rehabilitation, improvement, and/or demolition and replacement of existing 40 development on a site 41 42 ***** 43 S 44 ***** 45 Structure means anything constructed, installed or portable, movable or not movable, temporary 46 or permanent, which requires a location on a parcel of land. toe„se f,:hie r-e"ir-eS a 1064iffi 6of8 4729 I , 2 . The term also 3 includes but is not limited to, buildings, roads, walkways of impervious materials,paths, fences, 4 swimming pools, sport courts,poles, utility lines, signs, cisterns, sewage treatment plants, sheds, 5 docks, and other accessory construction. 6 7 U 8 9 Use means land use. 10 ***** 11 12 Section 3. Construction and Interpretation. Applicable to adversarial administrative 13 proceedings, at trial, in bankruptcy, and on appeal, the Monroe County Board of County 14 Commissioners ("BOCC") legislatively finds, concludes, and has determined following public 15 consideration and approval of this Ordinance at a duly noticed public meeting of the BOCC that 16 the interpretation of this Ordinance and any and all provision(s) of the Monroe County 17 Comprehensive Plan,Florida Building Code,Florida Statutes, and Monroe County Code(s)whose 18 interpretation arises out of, relates to, or is interpreted in connection with this Ordinance shall be 19 liberally construed, granted great weight in favor of, and enforced in favor of the Monroe County 20 BOCC, that the Monroe County BOCC's interpretation of this Ordinance and all provision(s) of 21 the Monroe County Comprehensive Plan, Florida Building Code, Florida Statutes, and Monroe 22 County Code(s) whose interpretation arises out of, relates to, or is interpreted in connection with 23 this Ordinance shall be affirmed and shall not be modified or overturned by an administrative 24 hearing officer or court of competent jurisdiction unless clearly erroneous, and that if the Monroe 25 County BOCC's interpretation of this Ordinance or said provision(s) of the Monroe County 26 Comprehensive Plan, Florida Building Code, Florida Statutes, or Monroe County Code(s) whose 27 interpretation arises out of, relates to, or is interpreted in connection with this Ordinance is within 28 the range of possible and reasonable interpretations it is not clearly erroneous and must be 29 affirmed. 30 31 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. 32 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in 33 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or 34 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the 35 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining 36 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall 37 continue unimpaired in full force and effect. 38 39 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 40 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 41 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been 42 repealed thereby. 43 44 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where 45 used herein, are inserted for convenience only and are not intended to descriptively limit the scope 46 and intent of the particular paragraph or text to which they refer. 7of8 4730 I Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land 2 Planning Agency pursuant to Florida Statutes Chapters 163 and 380. 3 4 Section 8. Filin2. This Ordinance shall be filed in the Office of the Secretary of State of 5 Florida but shall not become effective until a notice is issued by the State Land Planning Agency 6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 7 Statutes, upon final approved legal effectiveness therefrom. 8 9 Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment 10 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing 11 amendment may be renumbered to conform to the numbering in the Monroe County 12 Comprehensive Plan. 13 14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 15 Florida, at a regular meeting held on the 3 1" day of January, 2024. 16 17 Mayor Holly Merrill Raschein 18 Mayor Pro Tem James K. Scholl 19 Commissioner Craig Cates 20 Commissioner Michelle Lincoln 21 Commissioner David Rice 22 23 BOARD OF COUNTY COMMISSIONERS 24 OF MONROE COUNTY, FLORIDA 25 26 By: 27 MAYOR HOLLY MERRILL RASCHEIN 28 (SEAL) MONAOF COU#4TYATTORNEY Y 29 ATTEST: KEVIN MADOK, CLERK ASP V15D TOFOFIMI y 30 : 31 32 AS DEPUTY CLERK 8of8 4731 Comprehensive Plan Amendments To Clarify Continued Application of CP to Development BOCC Public Hearing - Adoption I+t-% nn r o��eIQ2�3 Item R. 6 January 31 , 2024 The Monroe County Planning Department is proposing amendments to the Introduction and Background, and Glossary, of the Monroe County Year 2030 Comprehensive Plan to: • To Clarify the Continuing Application of the Monroe County 2030 Comprehensive Plan To Development • To Clarify the General and Defined Terms Sections • To Clarify Construction of Conflicts with the Monroe County Code(s) PROPOSED Comprehensive Plan TEXT AMENDMENTS 1.0 _INTRODUCTION AND,BACKGROUND c. Rules of Construction. In the construction.and interpretation of the language of this Monroe County Comprehensive Flan, the rules set out in this section shall be observed unless such construction would be plainily inconsistent with the manifest intent of the BOCC as expressed ill the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and F_S- Ch. 380 The voiles of construction and definition(s), and provision(s) .set out in this Comprehensive Plan shall not be applied to any,section of`these provisions or regulations that.shall. contain any express provisions excluding,such construction or where the subjiect matter or context of such section is plainly repugnant thereto.. (I) Purpose.In the interpretation and application of any provision of this Monroe County Comprehensive Flan,the requirements of this Comprehensive Flan shall be held to be. the minimum requirements adopted for the promotion of the public health_ safely. comfort convenience and general ivellfare_ (2) Applicalbili4% ''here any definition(s) or provision(s) of this Monroe County Comprehensive Plan imposes greater restrictions upon a subject matter than another definitions) or provision(s)imposed by this Comprehensive Phan, the definition(s)or pro w-is-ion(s) imposing the greater restriction or regulation shall be deemed to be. controlling. Where any definitnon(s) or provision(s) of this Monroe County Comprehensive Plan imposes greater restrictions upon a subject matter than another definitions)-or provision(s)imposed by the Monroe County Land Development Code. the Comprehensive Plan definition(s) or provision(s) imposing the greater restriction or regulation shall be deemed to be conntrolling- (3) Generally-. The provisions of this Comprehensive Plan shall apply to the. unincorporated areas of Monroe County. All de-w elopment of wlnate�,-er type or character, including but not limited to landcllearing andior the making of any material. change in the appearance of any land,the clearing of land as an adjunct of construction, construction, the cam ing out of any building activity, or the making of any material change in the appearance of any. structure,shall comply with this Comprehensive:Plan- No development shall be undertaken without prior approval and issuance of a development pennnit under the provisions of the Comprehenmve Plan and Land Development Code- Glossai-y General If definitions sought are not within this section, the County shall utilize the adopted definitions of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the County shall utilize the term as commonly used. Rules, of Construction. In the consti-action and interpretation of the la,nguage of this Monroe CouM Comprehensive Plan Glossary, the rules set out in this section shall be observed unless such constniction,would be plainly inconsistent with the manifest intent of the BO,CCqs expressed in the Comprehensive Plaii, or an element or portion thereof, adopted pursuant,to F.S. Ch. 163 and F.S. Ch. 380. The wiles of constniction and definition(s) and provision(s) set out in this Comprehensive Plan Glossary shall not be applied to any section of these provisions or reailations that shall contain any expre s provisions excluding such construction or where the subject matter or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) o this Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another definition(s) or provisions) imposed by this Comprehensive Plan, the definition(s)or provision(s) im.posing the greater restriction or regulation shall be deemed to be controlling. Where a definition(s) or.provision(ss)of this Monroe County Comprehensive Plan Glossary imposes greater restrictions upon a sub-ject matter than another definition6) or provision(s) imposed by the Monroe CouM Land Development Code, the Comprehensive Plan Glossary definiti�on(s) or .provision(s) iin.posing the greater restriction or regulation shall be deemed to be controlling. A Ahandoi,'ied means the voluntary discontinuation of a land use. When the a, property's land use of .........................— a prelpefPf has ceased and the property has been vacant for 18 months, abandonment of the land use will be presumed unless the owner can show that a, diligent effort has been made to sett, rent, or u-se engage,the property in a relevant fo"legally permissible land use. This excludes temporary or short-term intermptions to a land use or aetivit5 during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. B Building means a stricture that is located on land or water engaged in a land use or that can be used for supporting or sheltering any land use or occu.pancy, and ;"ich can be used fOF 11OUSing; busine5s, commerei I al, agFicultural, storage or office purposes, either tenT,o,rarily or permanently. C Clear itig means landclearing. Construction ineans the act of constructing a sti-Licture or' building on real property by conibinin orarranging one or ino�re structural or building systems, components, parts,,, elements, assemblies, or sub-assemblies. D Development ineans the making of curry material change in the appearance of aily land inchidin but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making of any material change in the use of any land, construction, the carrying out of any building activity, the making of any material change in the appearance of airy strLicture,,tile making of agy material change in the use of army structrire, the dividing of land into three or more parcels, or the carlyingt ofa mningoeratoapion,the,ing out efany buildingactivityor in I im I ng operation, the making ofany material change in theuse or appearance of any stmeture or land,ojF the dividing ef IIAB-d' ifl-te 4-h—ree ef an-e-Fe paFEels. The, following sac tivities ;uses shall be taken for the purposes, of this Corriprellensive Plan to involve "development," as defined in this g Q a) LarldcleaLM& b) Clearing of land as an adjunct of constiiiction. C) Constluction. a4 d) A reconstniction, alteration of the size, or material change in the external appearance of a structure on land. b4 ej A change in the intensity of use of land, such as, an increase in the number of dwelling units in a strLicture or on land or,a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a stnictLire or oil land. e4 f) Alteration of a shore or bank of a seacoast, river., strearn, lake,, pond, or canal, including any"coastal construction"as defined in Section t 6,1.02 1, F.S. d4 g) Con unencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. e4 W Demolition of a stiucture. f� G,le'aEiHg 0--f 11-R-Ad AS A_14-a E�Mflet Of e OHS t Ell OtiOn. g4 i) Deposit of reffise, solid or liquid waste, or fill on a parcel of land. The following or tilte!qJ1 shall riotbe taken f r the purpose,of this Comprehensive Plan to Involve "developsn"it" as defijizd In this rcilossar-'Y' a Work by a highwayorroad agency or railroad company f6r the nianitellance,or tinpfovement of a road,or railroad track, ifthe work,is carried,out on land within theboun(Laries of th:e right- of-way. b), Work by any utility and offier persons engaged in the dIstribution or trau-sinission of gas, electricity or water., for die purpose of mspectirig.', rep- airing., renewing on established rights- of-way or corridors, or constnicting on, estabfished rights-of-way or to-b,e-establtshed nghts- ofway or corridors, any sewlers, inains, pipes, cables, utility ttumels, power lines, towers" poles, tracks, or dre like. This provision c ys no eres d n pro 11 t t and oes ot eliminate , perty M, any applicable rnotice, requiretne not s to, affected, land owners, c)Work,for the raaintenance, renewal, ill2provift'Ille'nit, of flIteratlon of any sti-vicnire, ifthe work, affects only, die into or the, color of,the sitructure, or the de.1coration, of the extertorr of the s ticttire,, d) 'The use of any stractAire or land devoted to, dwelling vises for any y piwpose custoxnacif Ind dental to enjoyment of the dwelling. e) A hviLd use The ttse of&fty land fc it° the purpose of grownig plairts, crops, ti"eci, and oI er I--------------- ag picultitral, or forestry produes- ra"Ising ltvestocL or for other ap"Ictiltural,pi.irposes. t) A cliange 1-11 tine of larid or stnictme fiom an tl%e wiflull 'a category specified In (an Ordinance or mule tun another use in the same categof y- ,q A change in the owner'slirp or fonn of ownership of any, arcel o r stmicture, ,P h) The creation or tertntri anti;on, of rights of access, r1parian, rights,, easenients,, disiributlon and transmission corridors, covenantsconcernitig development of land, or,other riglas in land "Develo pin emt,," Inchides, all other development customanly assoclated, with it, unless, odiemlse specified, When appropi-late to the context, "development" refers to tbe act of developing or to the result of development- Reft-mum ce to y specifica, ti I d use or operaRion Is, not intended to mean that the act, activi!y, land use, 2L_qyerati.on al."efalteft Of 4�44,y, when pul of motheract,activity, humid use,or overation,e4w, -"ff*4"4-�4w44e,%-, is not "al ev-elopirient",- Particular Ag-efef, enceto one or more_type(',,) or number(s),of l nd uw, .......21......pp is tiot intellded to lin',ul the generality of this defim'tiollil G Greeriliouse Gas Enussdons (GHGEs) .means 'those ellussions regulated, tuider the Kyoto Protocol and, Palifis A=,ginemint, incItiding, carbon dioxide (CO2), rnethaile (CI,14)�, nitrous oxid,e (N20), hydrofluorocafbons, (, IFCs),, perfluorombons (PFCs), and sulfur limmifl min onde (SF6). Direct GHGEs are, enn'ssions from sources 'lliat are owne or coul�r,olled b the repoiting entity such as', energy use f6r flue electricity gemera tin arm by urthtles. Indirect CI Es afe einisstoris that are a cons eqji mina*e, of thine activitles, of the rep ortingentity, bul occur at sources owned, or controlled by another entity, L Lertulcle amp i Pig means the clearg" Ig Or remouaal of Vegetation, and al, igiclugling significant disturb ,ige of vegetation r substrate, (soil) matupulatilon. Land clearing is not a larid use and constiftates developmentems time making of anv inaterial chauge iii 'l a ai nce ,of'a min,v land,- N N,onc onfomwing T,Fse nreans a land use which doies nol conforni to a current provi.stou r regulation provided in the Comprehensive Plan and/or LDC, Nop,rcon ?,?rtipjg Use, Lm�fidmeans a land use wlr�ch does not conform to a, cuffei,,11 imovisiori or regulatiou provided. U' l the Comprehensive Plan and/or LDC, but was pim-nutted, or otlienvise mi existeirce lawfully, prior-to the effective date of the ordinance adoptitig the cuffeut provision or regulation that remind ered,the land use nonconfornming, ........... R Avideveigpo'nen't means the dun e,102.memit of-a,site already developed. Tim includes but is not linuled, to,rehabilitation, ta,'np rove tnent, arid/or drinol-111101i and replacenrent ol"existing development on, a site S Stmictur Ouie,a= anything,constmeted, Histalled or.porn able, movable ortiotmovable, ternporary, or pelmanmtwhich requires a location on a parcel of land- on a pb HPA-4 of-hmmd'. a 41al f P'Are'f temimpefar-ily of pefmanewly The term also includes,but is, not limited to, buildurgs., roads, walkways of impervious materials, paths, fences, swin.mrisig pools., sport, courts, poles, utility lines., stgnis, cistents, sewage, treatment plants, .sheds, docks,, and othff access,(wy construcholl. U, nm Use means land use, Staff recommends APPROVAL