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