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Item C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 7, 2014 Division: Growth Management Bulk Item: Yes _ No X Staff Contact Person/Phone#: Christine Hurley 289-2517 MWe Santamaria 289-2562 AGENDA ITEM WORDING: A special public hearing to consider a resolution transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. (Legislative Proceeding) ITEM BACKGROUND: Keith and Schnars, P.A. is finalizing Phase 3 (updated Comprehensive Plan) of the four-phased Comprehensive Plan update process. The Comprehensive Plan (Plan) update process started with the updating and revising of the Technical Document(the Data and Analysis to the Plan), which was completed in May 2011. The Monroe County 2010 Comprehensive Plan Evaluation and Appraisal Report (EAR) was completed and adopted by the BOCC on May 22, 2012. The EAR yielded 127 recommendations to update the Plan relating to issues such as county-wide visioning and planning, economic sustainability, redevelopment, water dependent/water related uses, natural resource protection, climate change, affordable housing, public involvement/information and intergovernmental coordination. Additionally, the EAR identified outdated or no longer applicable objectives and policies. Draft amendments to the Comprehensive Plan have been prepared to implement the EAR strategies, to reflect the updated Technical Document and to comply with requirements established by state and federal law. Comprehensive Plan amendments also reflect the results of the "Analysis of Coastal Barrier Resources System Policies and Regulations in Monroe County, Florida," data and analysis, prepared by Keith and Schnars, P.A., and the "Monroe County Marina Siting Plan," data and analysis, prepared by the South Florida Regional Planning Council. All proposed amendments to the Monroe County Year 2010 Comprehensive Plan and associated data and analysis can be reviewed on the project website at www.keyscompplan.com. On February 13, 2013, February 14, 2013, February 15, 2013, and March 26, 2013, the Monroe County Development Review Committee held four special public meetings to review and discuss the proposed amendments to the Comprehensive Plan based upon the results of the Technical Document Update, EAR and public comment. On September 23, 2013, October 1, 2013, and October 10, 2013, the Planning Commission held three special public meetings to review and discuss the proposed amendments to the Comprehensive Plan based upon the results of the Technical Document Update, EAR and public comment. On November 15, 2013, the Planning Commission held a special public hearing and by Resolution No. P28-13a recommended approval to the BOCC of proposed amendments to the Comprehensive Plan based upon the results of the Technical Document Update, EAR, staff and Consultant input and reports, and comments by the public. The BOCC held special public meetings on March 21, 2014, April 23, 2014 and May 22, 2014, to review proposed amendments to the Comprehensive Plan. A special BOCC public hearing was held on July 23, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030 Comprehensive Plan) to the Florida Department of Economic Opportunity (DEO) and the hearing was continued to October 7, 2014. If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning Agency, the State Land Planning Agency will then review the proposed amendment and issue an Objections, Recommendations and Comments (ORC) Report, addressing any issues with internal consistency, data and analysis, or consistency with the statutes or the Principles for Guiding Development. Upon receipt of the ORC report, the BOCC will have 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendments. PREVIOUS RELEVANT BOCC ACTION: On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC on the Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive Plan On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of the draft Evaluation and Appraisal Report. On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of the draft Evaluation and Appraisal Report. On May 22, 2012, the BOCC adopted, by Resolution 150-2012, the 2012 EAR for the Monroe County Comprehensive Plan. On March 21, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on the Introduction and Background; Mass Transit Element; Traffic Circulation Element; Capital Improvements Element; and the Conservation and Coastal Management Element. On April 23, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on the Energy and Climate Element; Cultural Resources Element; and Future Land Use Element. On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on the Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water Element; Intergovernmental Coordination Element; Ports, Aviation and Related Facilities Element; Housing Element; Recreation and Open Space Element; Natural Groundwater Aquifer Recharge Element; Public Participation section; Monitoring and Evaluation section and the Glossary. On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued to hearing to October 7, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030 Comprehensive Plan)to the State Land Planning Agency. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# 2 3 — `r'""is1 t'Bo 5 6 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 RESOLUTION NO. -2014 10 11 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS TRANSMITTING TO THE STATE LAND 14 PLANNING AGENCY AN ORDINANCE OF THE MONROE COUNTY 15 BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE 16 COUNTY YEAR 2010 COMPREHENSIVE PLAN TO BE CONSISTENT 17 WITH THE RESULTS OF THE TECHNICAL DOCUMENT UPDATE 18 (DATA AND ANALYSIS), THE ADOPTED 2012 EVALUATION AND 19 APPRAISAL REPORT AND THE 2014 EVALUATION AND APPRAISAL 20 NOTIFICATION LETTER AND ADOPTING THE MONROE COUNTY 21 YEAR 2030 COMPREHENSIVE PLAN,ATTACHED AS EXHIBIT 1. 22 23 24 WHEREAS, the Monroe County Board of County Commissioners conducted a public 25 hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and 26 Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and 27 comment of the proposed amendments to the Monroe County Year 2010 Comprehensive Plan 28 which is identified as the Monroe County Year 2030 Comprehensive Plan; and 29 30 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 31 of County Commissioners support the requested text amendments; 32 33 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 35 36 Section 1: The Board of County Commissioners does hereby adopt the recommendation of 37 the Planning Commission to transmit the draft ordinance for adoption of the 38 Monroe County Year 2030 Comprehensive Plan. 39 40 Section 2. The Monroe County staff is given authority to prepare and submit the required 41 transmittal letter and supporting documents for the proposed amendment in 42 accordance with the requirements of Section 163.3184(4), Florida Statutes. 43 44 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 45 resolution to the Director of Planning. 46 P. 1 of 2 1 2 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 4 Florida, at a special meeting held on the day of , 2014. 5 6 Mayor Sylvia Murphy 7 Mayor Pro Tern Danny Kolhage 8 Commissioner Heather Carruthers 9 Commissioner George Neugent 10 Commissioner David Rice 11 12 13 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA 14 15 16 17 BY 18 Mayor Sylvia Murphy 19 20 21 22 (SEAL) 23 ATTEST: Amy Heavilin, Clerk 24 25 26 27 Deputy Clerk 28 29 MONROE COUNTY ATTCP t.s;F-1 OVED AS-2-Tz ht;`n;* STGVFt.; t, ASSISTANT coo : Y ATT r...- Date P.2 of 2 2 3 3 `" 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2014 10 11 12 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010 14 COMPREHENSIVE PLAN TO BE CONSISTENT WITH THE RESULTS 15 OF THE TECHNICAL DOCUMENT UPDATE (DATA AND ANALYSIS), 16 THE ADOPTED 2012 EVALUATION AND APPRAISAL REPORT AND 17 THE 2014 EVALUATION AND APPRAISAL NOTIFICATION LETTER 18 AND ADOPTING THE MONROE COUNTY YEAR 2030 19 COMPREHENSIVE PLAN, ATTACHED AS EXHIBIT 1; PROVIDING 20 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 21 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 22 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 23 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY 24 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. 25 26 27 28 WHEREAS, the Monroe County Board of County Commissioners adopted the Monroe 29 County Comprehensive Plan on April 15, 1993; as amended pursuant to DCA Rule 9J-14.022, 30 Florida Administrative Code on January 4, 1996, and adopted by Florida Administrative Code 31 Rule 28-20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and 32 33 WHEREAS, the Florida Legislature intends that local planning be a continuous process, 34 and the Florida Statutes encourage local governments to comprehensively evaluate and, as 35 necessary, update comprehensive plans to reflect changes in local conditions; and 36 37 WHEREAS, the Monroe County Board of County Commissioners adopted an 38 Evaluation and Appraisal Report (EAR), pursuant to Section 163.3191, Florida Statutes, for the 39 Monroe County Year 2010 Comprehensive Plan on August 18, 2004, and subsequently adopted 40 Comprehensive Plan amendments in accordance with the 2004 EAR; and 41 42 WHEREAS, Monroe County commenced a new EAR process in 2010 with active public 43 participation provided; and 44 45 WHEREAS, the Monroe County Planning Commission, acting as the designated Local 46 Planning Agency, reviewed the 2012 EAR, held advertised special public meetings on November Page l of 4 1 2, 2011, and February 6, 2012, and provided for participation by the public in the process, and 2 rendered its recommendations to the Board of County Commissioners; and; 3 4 WHEREAS, the Board of County Commissioners reviewed the EAR, held an advertised 5 public meeting on November 16, 2011, and an advertised special public meeting on March 19, 6 2012, provided for comments and public participation in the process in accordance with the 7 requirements of state law and the procedures adopted for public participation in the planning 8 process; and 9 10 WHEREAS, the Board of County Commissioners held a special public meeting on May 11 22, 2012, and adopted Resolution No. 150-2012 adopting the 2012 Evaluation and Appraisal 12 Report (EAR) for the Monroe County Year 2010 Comprehensive Plan; and 13 14 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning 15 Agency (LPA), held advertised special public meetings on September 23, 2013, October 1, 2013 16 and October 10, 2013 to review the proposed EAR-related comprehensive plan amendments, and 17 provided for comments and public participation in accordance with the requirements of state law 18 and the procedures adopted for public participation in the planning process; and 19 20 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning 21 Agency (LPA), held an advertised special public hearing on November 15, 2013, provided for 22 comments and public participation in accordance with the requirements of state law and the 23 procedures adopted for public participation in the planning process, and recommended proposed 24 EAR-related comprehensive plan amendments to the BOCC; and 25 26 WHEREAS, the Board of County Commissioners held advertised special public 27 hearings on March 21, 2014, April 23, 2014, and May 22, 2014, to review proposed EAR-related 28 comprehensive plan amendments and provided for comments and public participation in 29 accordance with the requirements of state law and the procedures adopted for public 30 participation in the planning process; and 31 32 WHEREAS, in 2011, Section 163.3191(1), Florida Statutes, was amended; it directed 33 local governments to evaluate their comprehensive plans at least once every seven years to 34 determine if plan amendments are necessary to reflect changes in state requirements since the 35 last update of the comprehensive plan, and to submit an Evaluation and Appraisal (EA) 36 Notification Letter to the State Land Planning Agency; and 37 38 WHEREAS, the State Land Planning Agency revised the Monroe County EA deadline 39 to May 1, 2014, in Rule 73C-49, F.A.C.; and 40 41 WHEREAS, the Board of County Commissioners held a public hearing on April 23, 42 2014, and approved the EA Notification Letter to the State Land Planning Agency which 43 specified the necessary plan amendments required to reflect changes in requirements in State 44 Statutes; and 45 Page 2 of 4 I WHEREAS, the Board of County Commissioners held an advertised special public 2 hearing on July 23, 2014, provided for public comment and public participation in accordance 3 with the requirements of state law and the procedures adopted for public participation in the 4 planning process, to transmit EAR-related and EA-related comprehensive plan amendments to 5 the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), 6 Florida Statutes for review and comment; and 7 8 WHEREAS, the Board of County Commissioners continued the public hearing to 9 consider transmittal to October 7, 2014; and 10 11 WHEREAS, the Board of County Commissioners held an advertised special public 12 hearing on October 7, 2014, provided for public comment and public participation in accordance 13 with the requirements of state law and the procedures adopted for public participation in the 14 planning process, and adopted Resolution Number_- 2014 on to transmit EAR- 15 related and EA-related comprehensive plan amendments to the State Land Planning Agency and 16 Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and 17 comment; and 18 19 WHEREAS, on , the State Land Planning Agency issued its Objections, 20 Recommendations, and Comments (ORC) report. The ORC report 21 states ; and 22 23 WHEREAS,as a response to the ORC Report, 24 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 29 30 Section 1. The Monroe County 2010 Comprehensive Plan is amended as shown in 31 Exhibit 1, attached hereto. (Deletions are strielen tIffeugh and additions are underlined.) 32 33 Section 2. The Monroe County 2030 Comprehensive Plan is hereby created and adopted 34 with the amendments identified within Exhibit 1, which is attached hereto and incorporated 35 herein. 36 37 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or 38 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected 39 by such validity. 40 41 Section 4. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in 42 conflict with this ordinance are hereby repealed to the extent of said conflict. 43 44 Section 5. Transmittal. This ordinance shall be transmitted by the Planning Department 45 to the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 46 Page 3 of 4 I Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the 2 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida 3 State Land Planning Agency or Administration Commission finding the amendment in 4 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. 5 6 7 8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 9 at a regular meeting held on the day of , 2014. 10 11 Mayor Sylvia Murphy 12 Mayor Pro Tern Danny Kolhage 13 Commissioner Heather Carruthers 14 Commissioner George Neugent 15 Commissioner David Rice 16 17 18 19 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 20 21 22 23 BY 24 Mayor Sylvia Murphy 25 26 27 28 (SEAL) 29 ATTEST: Amy Heavilin, Clerk 30 31 32 33 Deputy Clerk 34 MONROE COUNTY ATTORNEY 35 PROV D A8 36 STEVcN T, WILLIAMSASSISTA T OU TY Date TTORNEY Page 4 of Flora of the sand keys of Florida, by Charles F... 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