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Resolution 226-2002 226 RESOLUTION NO. - 2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES TO AMEND POLICY 101.4.23 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO CLARIFY THAT ALL LEGALL Y- ESTABLISHED RESIDENTIAL DWELLING UNITS IN EXISTENCE SHALL NOT BE CONSIDERED NON-CONFORMING UNDER THE DENSITY PROVISIONS IN POLICY 101.4.21 AND IN THE MONROE COUNTY CODE. WHEREAS, the Monroe County Board of County Commissioners held a public hearing on May 15, 2002, for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the draft ordinance for the adoption of the proposed amendment to Policy 101.4.23 of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of9J-l1.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. Page 1 of2 Initials \\GMD0059\pub$\Planning\Working Fo1ders\will-robert\Text Amendments\Density Protection\BOCC Density Trans Reso.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15th day of May 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams yes yes yes not: present absent BOARD OF COUNTY COMMISSIONERS :: MONROE C~TY' FLORIDA Mayor Charles "Sonny" McCoy ~< ;;:~"";';':';">' . ..".'. '. .'^~;........) r__~ ,,~\t" "'~~" /<>>:~__--~ ..t'!)' :..~'~- './. I".'" -, 'J '- ~~ ;;..\.....- "..\~1' ~ "......~...,,;., ,<- ,,",; '>)\.{1.'" - {"'L"I",,,',~::'" \\ /\Yc;!>~ J '\>~t\ ~f~ .,.<,;, . _../J,.)", 6}' '-:T/~.~;\~~t~~1JANNY L. KOLHAGE, CLERK '(C ;/.,/ ..' <.';:f' .~~~~ o C::: o U I...t..J a::: 0: a L- a lJ..J -J LZ: ~""""..).:?: . --_E BY ,'7 . '. J'; Office - C"'") ii, LV <t t.:7 -J "'I" I.&.. :J:::}-.:>-= :-J (..J f- ~t:t:;;;:: --. : (,,) 2.) .~J , ..:. C..) '~; 'J'-'-J ,:7:U~ <( ~ C") .-::J; :.r: :c oq: ,...... I =e ::::> -, c-.." C::::'. c::::. c-.." Page 2 of2 Initials W:\P1anning\Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Trans Reso,doc ORDINANCE NO. -2002 AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010 COMPREHENSNE PLAN BY AMENDING POLICY 101.4.23; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTNE DATE. WHEREAS, Policy 101.4.23 of the Year 2010 Comprehensive Plan currently allows residential units that are non-conforming as to density to be rebuilt or substantially improved only if they are legally-established, principal residences; and WHEREAS, at its regularly scheduled July meeting the Board of County Commissioners raised a specific concern related to the rights of property owners to rebuild or substantially improve their properties in situations where the development did not meet minimum parcel size or density standards; and WHEREAS, in the event of a major storm, the County could be faced with a significant number of units that could not be legally rebuilt unless they are proved to be principal residences; and WHEREAS, Growth Management staff recommends the course of action is to amend Policy 101.4.23 to extend the density protection to all lawfully established residential dwelling units; and WHEREAS, currently Policy 101.4.23 incorrectly cites Policy 101.4.22 as the density limitations set forth in the Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee on November 1, 2001 reviewed the legal authority and the proposed text, and recommended approval of the proposed text; and WHEREAS, during a regular meeting held on December 12, 2001, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about allowing all types of transient housing units to be protected as to density; and WHEREAS, during a regular meeting held on December 27, 2001, the Monroe County Planning Commission conducted a public hearing on a proposed text narrowed in scope to include only residential units to be granted density rights; and Page 1 of 4 Initial \ \GMD0059\pub$\P1anning\ Working Folders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc WHEREAS, the proposed text was tabled during the December 27,2001 regular meeting pending the decision of an administrative hearing regarding an appeal of the Planning Commission's decision to deny build back rights; and WHEREAS, during a regular meeting held on March 13, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text and raised concerns about the density protection of units built after January 4, 1996 and suggested the date be eliminated to include units built after this date; and WHEREAS, during a regular meeting held on March 27, 2002, the Monroe County Planning Commission conducted a public hearing and approved the proposed text; and WHEREAS, The Monroe County Board of County Commissioners were presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. The Staff Report prepared on March 22, 2002; by K. Marlene Conaway, Director, Planning and Environmental Resources, 2. Proposed changes to the Monroe County Year 2010 Comprehensive Plan, 3. The sworn testimony of the Growth Management Staff, 4. Comments by the public; WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to the Monroe County Year 2010 Comprehensive Plan submitted by the Monroe County Planning Department at a public hearing on May 15th, 2002; and WHEREAS, the Monroe County Board of County Commissioner makes the following Findings of Fact based on the evidence presented: 1. Monroe County is subject to tropical storms of great intensity which may cause a large amount of property damage, including the destruction of residential dwelling units, and 2. Many legally established residential dwelling units are non-conforming as to the density provisions currently set forth in the Monroe County Land Development Regulations, and 3. In order to be substantially improved or rebuilt due to destruction in the event of a large storm, residential dwelling units must be shown to be principle dwelling units if they are non-conforming as to density provisions, and Page 2 of 4 Initial \\GMD0059\pub$\P1anning\ Working Folders\will-robert\ Text Amendments\Density Protection\BOCC Density Ord.doc 4. There are currently a number of legally established residential dwelling units that would not be able to be rebuilt if they were destroyed in the event of a major storm, and 5. The current Policy 101.4.23 cites an incorrect policy regarding density provisions set forth in the Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioner makes the following Conclusions of Law based on the evidence presented: 1. It is in the best interest of Monroe County to protect the density of all legally established residential dwelling units, and 2. The current Policy 101.4.23 must be amended to included all legally established residential dwelling units in order to allow substantial improvement and replacement of units considered non-conforming as to the density provisions set forth in Policy 101.4.21, and 3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed changes to Policy 101.4.23 are consistent with the other goals, objectives, and policies set forth in the plan; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the Year 2010 Comprehensive Plan be approved, adopted and transmitted to the state land planning agency for approval; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Policy 101.4.23 of the Year 2010 Comprehensive Plan is hereby amended to read as follows: Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101.4.~ 21, land upon which a legally-established residential dwelling unit is in existenoe and 1:lsed as a prineipal residence on the effeoti'/e date of this plan exists shall oontiooe to be entitled to a density of one dwelling unit per each such unit in &xistenoe on the effeetive date of the Plan" Such legally-established dwelling unit shall not be considered as non-conforming as to the density provisions of Policy 101.4.21 and the Monroe County Code. Page 3 of4 Initial W:\Planning\Worldng Fo1ders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. All ordinances or parts of ordinances In conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida at a regular meeting held on the day of 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST:D~L.KOLHAGE,CLERK DEPUTY CLERK Page 4 of4 Initial W:\P1anning\Working Fo1ders\will-robert\Text Amendments\Density Protection\BOCC Density Ord.doc