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Ordinance 049-2003 ORDINANCE NOD49 -2003 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND POLICY 212.2.3 (SHORELINE SETBACKS) OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORA nON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Objective 101.8 of the Momoe County Year 2010 Comprehensive Plan states "Momoe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations"; and WHEREAS, Policy 212.2.3 of the Momoe County Year 2010 Comprehensive Plan states, in part, "Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water line"; and WHEREAS, many residential lots on lawfully altered shorelines, especially those smaller lots in Recreational Vehicle Parks established prior to the 1986 Comprehensive Plan were developed with principal structures built within the twenty (20) foot shoreline setback; and WHEREAS, because of the small lot size, it is not possible to replace an existing mobile home with the new larger factory built modular homes and set back the required twenty (20) feet as measured from the mean high water line; and WHEREAS, while older homes can continue to be maintained, it is difficult to expand or replace them with a larger FEMA approved raised home; and WHEREAS, there is no possibility of relaxing these setback regulations by permitting a waiver or variance of the current regulations the owners of the smaller lots are subject to an unnecessary burden for which there is no amelioration; and WHEREAS, on October 13,2003, DCA responder to the County's transmittal resolution NO, 189-2003 with an Objections, Recommendations and Comments report (ORC) requiring additional data and limits to the areas where setbacks could be reduced; and Page 1 of 3 H:\Planning\Working Folders\BOCC AGENDA ITEMS\Shoreline (ORC)\Ordinance\Copy of BOCC ORD (ORC)CLEAN,doc WHEREAS, the Planning Department has completed the additional studies and modified the proposal the proposal to only apply to lots less than 4,000 Square Feet developed with a lawfully established principal use, The setback along lawfully altered shorelines may be reduced to ten (10) feet provided that storm water runoff is minimized by the use of berms, swales and other recognized methods of controlling runoff. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan is hereby amended as follows: Policy 212.2.3 Permitted uses and performance standards within the shoreline setback shall be as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line; ~. Along lawfully altered shorelines including manmade canals, channels, and basins, parcels less than 4,000 Square Feet, that are developed with a lawfully established principal use, the required setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts by maintaining open space and protecting shoreline vegetation, 3. 4. Section 2. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes, Page 2 of 3 H:\Planning\Working Folders\BOCC AGENDA ITEMS\Shoreline (ORC)\Ordinance\Copy of BOCC ORD (ORC)CLEAN,doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17 th day of nee ember , A.D., 2003. Mayor Murray Nelson Mayor Pro Tern David Rice Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Dixie Spehar yes yes y"'s yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ~(~ Mayor Murray Nelson (SEAL) ATTEST: DANNY KOHLAGE, CLERK I"'-.) "Tj :.\ <::;:) C) c::;, 0 .s::- a 2" :'l> e- m :::c z 0'')..... :J:loo CJ rrt~=< :z: N ." n' r 0 on. -.I ;:0 C$;:1;: ::z: . 0 -0 :::0 -in. -< ,.-i ::::: :% rrt ~. > N ('*) f~ r- C') .. ~.J 1> m en ::;0 en ~.:J ~~~~ DEPUTY CL RK Page 3 of 3 H:\Planning\Working Folders\SOCC AGENDA ITEMS\Shoreline (ORC)\Ordinance\Copy of SOCC ORD (ORC)CLEAN,doc CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289.6027 FAX (305) 289.1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 January 27, 2004 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 700220300001 26688313 Dear Mrs, Cloud, Enclosed please find a certified copy of Ordinance No, 049-2003 approving a request of the Monroe County Planning Department to amend Policy 212,2,3 (Shoreline Setbacks) of the Monroe County Year 2010 Comprehensive Plan; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date, This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 17, 2003. Please file for record, Should you have any questions please feel free to contact me at (305) 292-3550, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board Of.C oun~ ~ bY~ amela ,Hancock, D. C. cc: County Administrator w/o document Growth Management County Attorney HOCC File/' i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ;t e item 4 if Restricted Delivery is desired. CIE PENTOlu ❑Agent • Print your name and address on the reverse -- _ ❑Addressee so that we can return the card to you. . B. Received by(Printed AL" e) " te�'f(��Iixery • Attach this card to the back of the mailpiece, FE i 2 LUU4 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mrs. Liz Cloud Bureau of Administrative Code - • The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 3. Service Type (Ordinance 049-2003) ,::,MCertified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2�30 0001 2668 8313' (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service,. -, m CERTIFIED MAILTM RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) =0 For delivery information visit our website at www.uspsco ..D OFFllC .A _ U r � itrl- illPostage /SSA Certified Fee o N SOD Pee, 0 Return Reciept Fee `I111 �� H=re (Endorsement Required) Mk ` CI Restricted Delivery Fee Q� r n (Endorsement Required) CI ru Total Postage&Fees ©� v RI 0 1Rrs. Liz Cloud (Ordinance 049-2003) r- 6aW04of--Administraive Code P711112 Taftine-s---8-t-r-eet, &rite-4143 Tall. ,_ - - ,'. PS Form 3800,June 2002 See Reverse for Instruction's v . ST ATE OF FLORIDA DEPARTMENT OF STATE JEB BUSH Governor GLENDA E. HOOD Secretary of State February 4,2004 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 23 and 27, 2004 and certified copies of Monroe County Ordinance Nos. 044-2003 and 049-2003, which were filed in this office on February 2, 2004. Sincerel~. ~ L~ Program Administrator LC/mp BUREAU OF ADMINISTRATIVE CODE. DIVISION OF ELECTIONS The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.tl.us E-Mail: DivElections@maiLdos.state.jl.us