Item K1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 16, 2011
Bulk Item: Yes No x
Division: _Growth Management
Department:
Staff Contact Person/Phone #: Christine Hurley,
289 -2517
AGENDA ITEM WORDING: Discussion and Direction to move forward with amending Section
102 of the Land Development Code by ordinance to change the requirement from two Planning
Commission meetings per month to a minimum of one Planning Commission meeting per month with
the ability to have additional meetings on as needed basis.
ITEM BACKGROUND: Attached you can see the last two years inventory of meeting dates and
time expended for the meetings for the Planning Commission based on the last two years, if we held
meetings monthly the average meeting time would range from 3.29 - 4.21 hours per month. Staff is
recommending processing an ordinance that would provide for a decrease in the number of meetings
per month that are required. This would save resources such as costs for advertising; travel for
planning commission members and would allow streamlined operations for the department. The
ordinance would maintain the ability to call special meetings on an as needed basis.
If directed to go forward; the ordinance would go to Development Review Committee, Planning
Commission, and ultimately to BOCC for approval by public hearing. In addition, Ordinance 021-
2004 may also need to be amended to provide for consistency in the number of meetings per year
related to Planning Commission annual compensation or the compensation could be included in the
Land Development Code.
Please see attached for proposed language in underline and strikethrough.
PREVIOUS RELEVANT BOCC ACTION:
July 14, 2004 — BOCC approved Ordinance 21 -2004
April 18, 2007 — BOCC approved Ordinance 007 -2007
CONTRACT /AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION:
No
AGENDA ITEM #
Year
Revised 7/09
Planning Commission - Twice a month meetings
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FY 09 -10
09.02.09
10:10 AM
1:04 PM
3
3
2 8
09.23.09
10:02 AM
11:24 AM
15
3
2 8.5
10.07.09
10:05 AM
11:10 AM
1.25
3
2 6.25
10.20.09
cancelled
11.04.09
10:02 AM
12:31 PM
2.5
3
2 7.5
11.17.09
10:03 AM
11:53 AM
2
3
2 7
12.02.09
cancelled
12.15.09
10:03 AM
12:27 PM
2.5
3
2 7.5
01.13.10
cancelled
01.27.10
10:02 AM
11:42 AM
1.75
3
2 6.75
02.10.10
cancelled
02.24.10
9:07 AM
1:46 PM
4e75
3
2 9.75
03.10.10
10:02 AM
10:30 AM
0.5
3
2 5.5
03.24.10
10:03 AM
11:33 AM
1.5
3
2 6.5
04.14.10
10:02 AM
10:36 AM
0.5
3
2 5.5
04.28.10
10:05 AM
11:50 AM
1.5
3
2 6.5
05.12.10
cancelled
05.26.10
10:04 AM
1:40 PM
3.75
3
2 8.75
06.09.10
10:10 AM
5:40 PM
T5
3
2 12.5
06.10.10
6:10 PM
10:10 PM
4
3
2 9
06.23.10
10:05 AM
12:27 PM
2.5
3
2 7.5
07.14.10
cancelled
07.28.10
10:04 AM
12:25 PM
2.5
3
2 7.5
09.08.10
10:05 AM
1:20 PM
3.5
3
2 8.5
09.22.10
10:02 AM
11:29 AM
1.5
3
2 6.5
TOTAL HOURS FOR FY09 -10
50.5
57
381 145.5
If Planning Commission meets once a month,
average number of hours per meeting
4.21
Proposed Language:
Sec. 102 -20. - Planning commission.
(a) Creation.
There is hereby established a planning commission.
(b) Powers and duties.
The planning commission shall have the following powers and duties:
O)To serve as the local planning agency (LPA), required by F.S. § 163.3174;
(2)To prepare or cause to be prepared a comprehensive plan or element thereof and to submit to
the board of county commissioners an annual report recommending amendments to such plan;
(3)To review and make recommendations to the board of county commissioners in regard to
amendment of the official land use district map;
(4)To hear, review and approve or disapprove applications for minor or major conditional use
permits;
(5)To initiate, hear, review and make recommendations to the board of county commissioners on
applications for amendment to the text of this chapter,
(6)To hear, review and recommend approval or disapproval of all plats in accordance with the
rules and regulations established by the board of county commissioners;
(7)To hear, consider and act on appeals of administrative actions;
(8)To act to ensure compliance with conditional use permits, as approved and issued;
(9)To make its special knowledge and expertise available upon reasonable written request and
authorization of the board of county commissioners to any official, department, board,
commission or agency of the county, state or federal government; and
(10)To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this article to govem the commission's proceedings.
(c) Qualifications for membership.
Members shall be chosen from persons with experience in the areas of planning, environmental
science, the business community, the development industry, and other Keys local industries.
Members of the planning commission shall be qualified electors in the county. In the event that
any member is no longer a qualified elector or is convicted of a felony or an offense involving
moral turpitude while in office, the board of county commissioners shall terminate the
appointment of such person as a member of the commission.
(d) Membership: appointment, removal, terms, and vacancies.
(1)The planning commission shall be composed of five members. Vacancies shall be filled by
nomination by the district's commissioner for the district whose member on the board of county
commissioners made the previous appointment for the vacant seat. The county commissioner
shall nominate a person qualified as provided in subsection (c) of this section to be approved by
the board of county commissioners by a vote of at least three members. The geographical
representation of the Keys shall be considered, but not required when making appointments to
the planning commission. If there is a vacancy on the planning commission which remains
unfilled for more than 60 days, the mayor may appoint a person to hold the office until an
appointment is approved by the county commission.
(2)Members shall serve at the pleasure of the board of county commissioners. Removal shall be
approved by the affirmative vote of at least three members of the board of county commissioners.
(3)AII appointments shall terminate upon replacement by a county commissioner with another
person appointed and approved by the county commission. Confirmation of existing
appointments or nominations for new appointments by all county commissioners elected in the
fall of each election year shall be made by those commissioners at or before the regular monthly
meeting of the board of county commissioners in February of each year following an election
year. If such ratification or appointment does not take place, the respective planning commission
seat shall be deemed vacant. Terms of the planning commission appointments shall be from their
appointment dates until replaced or terminated. Planning commission members serving as of
August 1, 2009 shall be subject to the provision of this subsection and shall serve until replaced
as described above, whether filling out the term of a previously appointed member or serving
their own terms.
(4)At an annual organizational meeting, the members of the planning commission shall elect one
of its members as chair and one as vice - chair. In the absence of the chair, the vice -chair shall act
as chair and shall have all powers of the chair. The chair shall serve a term of one year. No
member shall serve as chair for more than two consecutive terms.
(5)The presiding officer of any meeting of the commission may administer oaths, shall be in
charge of all proceedings before the commission, and shall take such action as shall be
necessary to preserve order and the integrity of all proceedings before the commission.
(6)lf any member of the commission shall fail to attend three regular consecutive meetings
without prior notice and an excuse sufficient to the planning commission, such failure shall
constitute sufficient grounds for termination of the member's appointment. The commission
coordinator shall notify the chair or the vice - chair, as the case may be, and he shall immediately
file a notification of such nonattendance with the county administrator for placement on the
agenda of the board of county commissioners; and the board shall, by appropriate action,
terminate the appointment of such person and fill the vacancy thereby created as soon as
practicable. A member who desires to be excused shall contact the commission coordinator prior
to the meeting. The commission coordinator shall report the request to the chair who shall make
the determination to grant or deny the request.
(7)A representative of the school district shall be appointed by the school board as a nonvoting
member of the planning commission and shall attend those meetings at which the planning
commission considers comprehensive plan amendments and rezonings that would, if approved,
increase residential density on the property that is the subject of the application. The base
commander of the Naval Air Station Key West or designee shall be a nonvoting ex- officio
member of the planning commission as long as such a requirement for military installation
representation is in the Florida Statutes.
(e) Recording secretary.
The director of planning shall appoint a recording secretary to serve the planning commission.
The secretary shall keep minutes of all proceedings of the commission, which minutes shall be a
summary of all proceedings before the commission, attested to by the secretary, and which shall
include the vote of each member upon every question. The minutes shall be approved by a
majority of the members of the commission voting. In addition, the secretary shall maintain all
records of commission meetings, hearings and proceedings, the correspondence of the
commission, and a mailing list of persons wishing to receive notices of meetings, agendas or
minutes and who have paid an annual fee set by the board of county commissioners to cover
copying and mailing costs.
(f) staff.
The department of planning shall be the professional staff of the planning commission.
(9) Quorum and necessary vote.
No meeting of the planning commission may be called to order, nor may any business be
transacted by the commission, without a quorum consisting of at least three members of the
commission being present. The chair shall be considered and counted as a member. The
concurring vote of at least three members shall be necessary for the commission to take action
on major or minor conditional use applications, final plat approvals, amendments to the text of
this chapter or to the official land use district map. All other actions shall require the concurring
vote of a simple majority of the members of the commission then present and voting.
(h) Planning commission members shall be compensated as determined by the board of county
commissioners.
(i) Meetings, hearings and procedure.
(1)Regular meetings of the planning commission shall be scheduled twice once monthly
beginning January 1 of every calendar year and special meetings may be scheduled as required
by a majority of the board of county commissioners, the chair of the planning commission, or a
majority of the members of the planning commission. However, no regular meetings shall be
scheduled for the month of August.
(2)The regularly scheduled (lei- monthly) meetings shall be held in Marathon or an appropriate
location in the middle keys. All items which relate to specific properties such as but not limited to
minor and major conditional uses, variances and administrative appeals, shall be held at the
regularly scheduled meetings. The planning commission may, in its discretion, schedule special
meetings in the upper and lower Keys subarea as required by the demand for such meetings. In
cases where an item is postponed due to the lack of a quorum of the planning commission, the
item shall be continued to a special meeting or to the next available regular meeting. In cases
where an item is postponed for any other reason, the item shall be continued to the next regularly
scheduled meeting. Items which are related to specific properties, such as but not limited to text
amendments to this chapter and comprehensive plan amendments, may be heard in Marathon or
the planning commission may, in its discretion, schedule such items for the most appropriate area
or for additional meetings in each subarea.
(3)AII meetings and hearings of the commission shall be open to the public.
(Code 1979, § 9.5 -22; Ord. No. 33 -1986, § 4 -102; Ord. No. 19 -1989, § 1 (PD27); Ord. No. 39 -1989, § 3; Ord. No. 46 -1996,
§ 1; Ord. No. 013 -2003, § 1; Ord. No. 014 -2003, § 1; Ord. No. 007 -2006, § 2; Ord. No. 007 -2007, § 1; Ord. No. 045 -2007, §
2, Ord. No. 030 -2009, § 1)
(d) Development review committee.
(1) Creation and composition.
As required for the items being reviewed, the development review committee shall be
composed of the planning director or his or her designee and the planner in charge of the
particular item being considered, and depending on the application being reviewed, may
also include public works division personnel, health department personnel, the building
official or his or her designee, a county biologist and any other county employee or official
designated by the county administrator or the planning director. The development review
committee also may include representatives of each local, regional, state or federal
agency that has entered into an intergovernmental agreement with the county for
coordinated development review when appropriate. A representative of the department of
community affairs shall serve as an ex officio member of the development review
committee as long as the county is located within an area of critical state concern.
(2) Duties.
The development review committee shall have the following duties:
a. To meet at least once a month to consider such business as is prescribed by this article
including:
1. Reviewing all applications for development approval as set forth in the code.
2. Reviewing all applications for amendments to the plan.
b. To maintain such minutes and records as are required by state law.
c. Any action reviewing a permit application shall not preclude the applicants right to be
present when his project is discussed before this body.
d. Draft staff reports prepared for the items before the development review committee
shall be given to the planning director and the applicant.
e. Public comments by members not in the department of planning may be in writing and
delivered to the development review committee, the planning director, and communicated
to the applicant.
f. A final staff report, considering development review committee recommendations and
other relevant information shall be prepared after the development review committee
meeting for those items proceeding to the planning commission.
ORDINANCE NO 007 -2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-
22(h)(2) OF THE MONROE COUNTY CODE: PLANNING
COMMISSION MEETINGS, HEARINGS AND
PROCEDURE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL CODE
PROVISIONS AND ORDINANCES INCONSISTENT WITH
THIS ORDINANCE; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE; PROVIDING FOR THE
TRANSMITTAL OF THIS ORDINANCE TO THE STATE
DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL OF THIS ORDINANCE BY THE STATE
DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS: Pursuant to Section 9.5 -511 (d)(5)(b) of the Monroe County Code,
the Monroe County Board of County Commissioners may adopt changes to the text or
map of the land development regulations based on, but not limited to,
(i) changed projections regarding public service needs from those on
which the text or boundary was based,
(ii) changed assumptions regarding demographic trends, or
(iii) new issues, and
1. Due to the recent incorporations of Islamorada and the City of Marathon, the
service area boundary of the middle Keys sub - county planning area has
diminished in size, resulting in a smaller area in which the County has jurisdiction
over land use regulations, and
2. The diminution of the service area boundary of the Middle Keys sub -area has
resulted in a change in the demographics and size of population being served by
the County, and
3. Due to the loss of the Middle Keys sub -area, the shift in the number of minor and
major conditional uses, variances and administrative appeals requiring public
hearings to be held closest to subject properties in the Lower Keys will increase
the demand for public services in the Lower Keys sub -area, public service needs
which can best be met by having one of the regularly scheduled bi- monthly
meetings of the Planning Commission in the Lower Keys sub -area, and
WHEREAS: The current practice of holding one of the regular Planning
Commission meetings in the Middle Keys sub -area is inefficient for serving the needs of
residents in unincorporated Monroe County, because the incorporations of Islamorada
and the City of Marathon have removed a majority of the Middle Keys sub -area from
Monroe County's jurisdiction over land use regulations, and
WHEREAS: In consideration of new issues, and changed projections and
assumptions regarding public service needs and demographic trends in the middle Keys
sub -area, the Planning Commission directed staff at a regularly scheduled meeting of the
Planning Commission to research alternatives for improving public service to residents of
unincorporated Monroe County, while providing flexibility to schedule special meetings
in the middle Keys or any sub -area as necessary, and
WHEREAS: A staff report was prepared and presented to the Monroe County
Development Review Committee on February 16, 2007, which recommended approval of
a text amendment providing for a rotation of the bi- monthly Planning Commission
meetings between the upper and lower Keys sub areas, and
WHEREAS: The text amendment furthers Principle (a) of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern: To strengthen
local government capabilities for managing land use and development so that local
government is able to achieve these objectives without the continuation of the area of critical
state concern designation, and
WHEREAS: The proposed text amendment is in the interest of public welfare,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board adopts the preceding findings of fact and conclusions of law in
support of its decision to amend the text of the Monroe County Code.
Section 2. Teat Amendment. Section 9.5 -22 of the Monroe County Land Development
Regulations is hereby amended as follows:
Sec. 9.5 -22. Planning commission. (h) Meetings, Hearings and Procedure:
(2) The regularly scheduled (bi- monthly) meetings shall rotate between the lower Keys
and upper Keys sub -areas. All items which relate to specific properties such as but not
limited to minor and major conditional uses, variances and administrative appeals, shall
be held at the regularly scheduled meeting closest to the subject property. The planning
commission may, in its discretion, schedule special meetings in the middle Keys sub -area
as required by the demand for such meetings. In cases where an item is postponed due to
the lack of a quorum of the planning commission, the item shall be continued to a special
meeting to be held in the same sub -area within seven (7) working days. In cases where an
item is postponed for any other reason, the item shall be continued to the next regularly
scheduled meeting closest to the subject property. Items which are not related to specific
properties, such as but not limited to text amendments to this chapter and comprehensive
plan amendments, may be heard in either the lower or upper Keys locations, or the
planning commission may, in its discretion, schedule such items for the most appropriate
area or for additional meetings in each sub -area, including the middle Keys.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
Section 6. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (11), Florida Statutes.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Section 7. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 18th day of April, 2007.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Dixie M. Spehar Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Y
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Mayor Mario DiGennaro
(SEAL)
�Danny L
CLERK
Deputy Clerk
o
�
MONROE COUNTYATTORNEY
APPROVED AS TO FORM.-
ao;
-;
SUSAN M. IMSLEY
- M L
ASSISTANT OUNTY ATTORNEY
Q
a
Date 3 -� P-0-7
O
N
�
WHEREAS, Sec. 9.5 -22 of the Monroe County Code authorizes the
establishment of a Planning Commission; and
WHEREAS, Sec. 2 -6 of the Monroe County Code provides for monetary
compensation to the Planning Commission members MR eaitb Commission
meeting attended; and
WHEREAS, the amount of compensation provided to Planning Commission
members has not been increased since 1991; and
WHEREAS, the Planning Commission members not only attend the required
meetings but AM 6M, a "time reviewing materials and preparing for meetings;
and
WHEREAS, the BOAid of County Commissioners at their meeting of July
14, 2004 in Key West, Florida reviewed the proposed amendment to Section 2.6,
recommended by Growth Management; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING:
Section 1 : Amend Section 2 -6 to read:
Sec. 2 -6. Planning commission members;
compensation.
Pursuant to the authority of section 9.5- 22(d)(2), the members of the
planning commission I shall be compensated at the rate nine thousand six
hundred dollars ($9,600) for the reg((laf, twenty four (24) commission
meetings during the year beginning October 1, 2004, and for every fiscal year
thereafter, regardless of whether the commission is meeting as the local
planning agency, the zoning board, board of adjustment, or planning
ORDINANCE N0. 021 -20Q4
w 4
AN ORDINANCE AMENDING SEC. 2 -6 OF THE
L., N �' �-
U."
MONROE COUNTY CODE; INCREASING THE
a��
COMPENSATION FOR THE MONROE COUNTY
PLANNING COMMISSION MEMBERS, FROM
L� —
$6,400 TO $9 A YEAR, FOR TWENTY -
N
FOUR 2XcJ MEETINGS,, PROVIDING FOR
o ; Z5
REPEAL OF ALL ORDINANCES INCONSISTENT
N
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 1, 2004.
WHEREAS, Sec. 9.5 -22 of the Monroe County Code authorizes the
establishment of a Planning Commission; and
WHEREAS, Sec. 2 -6 of the Monroe County Code provides for monetary
compensation to the Planning Commission members MR eaitb Commission
meeting attended; and
WHEREAS, the amount of compensation provided to Planning Commission
members has not been increased since 1991; and
WHEREAS, the Planning Commission members not only attend the required
meetings but AM 6M, a "time reviewing materials and preparing for meetings;
and
WHEREAS, the BOAid of County Commissioners at their meeting of July
14, 2004 in Key West, Florida reviewed the proposed amendment to Section 2.6,
recommended by Growth Management; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING:
Section 1 : Amend Section 2 -6 to read:
Sec. 2 -6. Planning commission members;
compensation.
Pursuant to the authority of section 9.5- 22(d)(2), the members of the
planning commission I shall be compensated at the rate nine thousand six
hundred dollars ($9,600) for the reg((laf, twenty four (24) commission
meetings during the year beginning October 1, 2004, and for every fiscal year
thereafter, regardless of whether the commission is meeting as the local
planning agency, the zoning board, board of adjustment, or planning
commission., For all commission meetings in exce§s of the regular twenty-four
(24), members shall, be compensated at the rate of or>e hundred dollars
($lOQ:00)° p+°r5tm ettrfg alse > °withou - I ' I rd` as to vcr ' th r`t ie commission is
meeting as the local pta1'iAJng agency, the zoning board; board of adjustment,
or planning commission. Nothing contained herein shall be construed to
restrict payment to the members for expenses payable as otherwise
authorized by the Florida Statutes.
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 provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition, or
amendment, thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 5: This ordinance shall be filed in the Office of the Secretary of State of
Florida but shall not become effective until October 1, 2004.
Section 6: The Clerk of the Board is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for incorporation into the Monroe
County Code of Ordinances,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 14' day of July, 2004.
Mayor Nelson
Ye.5_
Mayor Pro Tern Rice
Yes-
Commissioner McCoy
l issioner Neugent
Y
Yes
C J ` ioner Spehar
' ? \�
Y
i z -
CZ
#
_ 1 AGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
lerk
By —
�MaorlChairperson