Resolution 019-1991
FILED;~ ') F).ECORD
31 JAN 16 Prl 3 00
RESOLUTION NO. 019 -1991
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"'JL!Ll\GE
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, SUPPORTING THE APPEAL
BY KENNETH CIANCHETTE, BY OVERTURNING THE
PLANNING COMMISSION'S DECISION TO DENY THE
PRELIMINARY PLAT FOR "SUNRISE STRIP SUBDIVISION"
LOCATED AT APPROXIMATELY MILE MARKER FIFTY (50).
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:.:C:iF;GE COUNTY.FLA.
WHEREAS, the Planning Commission heard the application for a
preliminary plat to be known as "Sunrise Strip Subdivision," and
WHEREAS, the Planning Commission decided that there was no
explicit mechanism in the Monroe County Code, by which Improved
Subdivision (IS) zoned property could be platted; and
WHEREAS, the Planning Commission determined that the inabil-
ity to currently plat or replat IS property was an intentional
act, and reflective of the intent of the legislative body, and
that therefore, the preliminary plat request was denied; and
WHEREAS, we the Board of County Commissioners of Monroe
County, make the following findings of fact and conclusions of
law:
1. The County Attorney findings, as exhibited by Memoran-
dum May 22, 1990, that "... the language without more, does not
stand for the proposition that raw acreage zoned IS cannot be
platted."
2. Authorization for platting or replatting any land in
Monroe County is permitted by Division 4, Land Development
Regulations, Chapter 9.5 of Monroe County.
3. No explicit prohibitions exist, by enumeration, pre-
venting platting or replatting of any individual land use dis-
tricts in the Monroe County Comprehensive Plan.
4. Previous restrictions in Section 9.5-263, land develop-
ment regulations, as to eligibility of lot use in IS (Improved
Subdivision) districts, having to have been established and in
effect on the effective date of Chapter 9.5, land development
regulations, was repealed by DCA Rule 28-10.023.
5. Permissible activity of platting, replatting or improv-
ing land use districts other than Improved Subdivision creates de
facto Improved Subdivision land use districts, as being buildable
by having the assurances of roads, electricity and water placed
after platting but prior 12 improvement by placement of dwelling
unit on each lot.
6. This creation of additional single family residential
units in land use districts other than Improved Subdivision land
-
use districts, above and beyond those already having been in
existence at the effective date of the Comprehensive Plan and the
densities thereof comtemplated, has been acknowledged by DCA.
7. Therefore, no prohibition generally or explicitly
exists in the creation of single family residential dwelling
units in Monroe County, above those in existence at the effective
date of the Comprehensive Plan.
8. Density allocations for Improved Subdivisions (Sec.
9.5-262) are referred to Section 9-303 (codified Sec. 9.5-263).
9. Section 9.5-263 provides that owners of contiguous lots
in common ownership 2!! or PEter the effective date of Chapter
9.5, were entitled to one unit per two lots 2! 12,500 square feet
of land use, whichever area is less.
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10. Sombrero Properties tracts 5-A through 5-D, subject in
the application were in combined ownership as of the effective
date of the Chapter, and subsequently were transferred, in common
ownership, after that date.
11. 12,500 square feet area is less than individual areas
of parcels 5-A through 5-D.
12. 9.5-263 further provides that "in no event shall a land
owner be entitled to more dwelling units than buildable lots were
provided for in the plat as originally approved by Monroe County
and filed with the Clerk of the Court."
13. No clarifications exist as to whether the described
plat is the "original," prior to the effective date of the
Comprehensive Plan, an "amended plat" of an "original" plat,
prior to the effective date of the Comprehensive Plan, or either
the "original" or "amended" filed after the date of the Compre-
hensive Plan.
14. Further, that a Special Act of the Legislature of the
State of Florida (Chapter 59-1578 - HB 1053), in its Section 5,
provides that the Board of County Commissioners of Monroe County
"shall have full and complete authority to regulate (platting),"
in the establishment of single family residential dwelling lots,
in any land use district, and therefore said Special Act prevails
over any and all general or local law, (or administrative rule or
interpretation thereof, which may have been established by
general law).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that,
In this application, that sufficient justification exists to
permit replatting of the described properties in the Improved
Subdivision land use district, similarly with any other land use
district; and that,
The Board of County Commissioners hereby overturns the
Planning Commission decision that the preliminary plat approval
of the applicants is denied based on the fact that the current
Monroe County land development regulations do not allow such
current platting of IS subdivisions, and directs staff to proceed
with comment and preparation for processing final plat approval.
The County Clerk is hereby directed to transmit a copy of
this resolution to the Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 9th.. day of January, 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest :DAJmY L. KOLHAGE. t'IeiIi
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By:
Mayor/Cnairman
BY