P. Public HearingsBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2007 Division: Budget and Finance
Bulk Item: Yes _ No X Department: OMB
Staff Contact Person: Tina Boan- 4472
AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a
Budget Amendment for Key West Int'l Airport Fund 404, and KW AIP Series 2006 Bonds Fund
405.
ITEM BACKGROUND: The Office of Management & Budget recently met with the Clerk's
Finance Department and it was agreed that there is a need to amend the Key West International
Airport's Fund-404. This will reflect changes in recording the Passenger Facility Charge revenue
as required by the Bond Covenants, which was previously budgeted in Fund 404 prior to the
issuance of the Variable Ratio Demand Obligation bond. Changes in Fund 404 and the New
Airport Terminal Bond Proceeds Fund-405 require a budget amendment to bring these funds
into compliance.
PREVIOUS RELEVANT BOCC ACTION:
At the March 20, 2007, meeting the board gave approval to advertise this budget amendment.
CONTRACT/AGREEMENT CHANGES:
NONE
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS: Various, PFC,& Fund Bal
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ /Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 8/06
Included X Not Required
AGENDA ITEM #
Resolution 2007
WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the Key West International Airport, Fund 404,
and KW AIP Series 2006 Bonds, Fund 405, for the fiscal year beginning October 1, 2006, and ending September 30, 2007 now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONS OF MONROE COUNTY, FLORIDA, that a Public Hearing was
conducted on April 18, 2007 at 5:01 p.m. to amend the Key West International Airport Fund, #404, and the KW AIP Series 2006 Bonds Fund, #405 budgets
and to adopt the amended budgets as follows:
Key West International Airport- 404
Current
Ina/(Dec.)
Revised
Revenues:
Budget
Budget
404-344101SK
Fees & Leases
$2,850,000.00
$514,573.00
$3,364,573.00
404-344102SK
Passenger Facility Charge
$730,500.00
4720,500.00
$10,000.00
404-344103SK
Airport Parking
$230,000.00
474,500.00
$155,500.00
404-354003SK
Fines Parking Violations
$0.00
$2,500.00
$2,500.00
404-361005GI
Interest Earnings
$0.00
$85,000.00
$85,000.00
404-364001GF
Disposition of Fixed Assets
$0.00
$1,510.00
$1,510.00
404-369001GM
Miscellaneous Revenue
$0.00
$2,120.00
$2,120.00
404-369002GM
Misc Commissions
$0.00
$1,380.00
$1,380.00
404-381503GT
Trnsfrfm 503 Ins Proceeds
$0.00
$373,276.33
$373,276.33
404-381001GT
Trnsfr fm 001
$56,201.03
$0.00
$56,201.03
404-331xxxxx
Federal Grants Transportation
$5,509,963.21
$0.00
$5,509,963.21
404-334xxxxx
State Grants Transportation
$772,480.33
$0.00
$772,480.33
404-366001CT
Contributions
$346,524.82
$0.00
$346,524.82
404-389001
Less 5%Florida Statute
4190,525.00
$11,461.00
4179,064.00
404-389002
PFC Fund Bal Forward
$0.00
$1,411,295.00
$1,411,295.00
404-389002
Fund Balance Forward
$3,480,464.00
41,141,463.00
$2,339,001.00
Total
$13,785,608.39
$466,652.33
$14,252,260.72
Appropriations:
404 23518
Vehicle Replacement
$14,738.00
414,738.00
$0.00
404 63001
KWIA O&M
$3,543,795.00
$469,514.50
$4,013,309.50
404 63002
KWIA R&R
$121,893.50
4121,893.50
$0.00
404 63003
KWIA Passenger Facility
$1,477,469.98
468,542.00
$1,408,927.98
404 630xxxxx
Various State & Federal Grant
$7,046,879.91
$373,276.33
$7,420,156.24
404 85536
Reserves 404
$1,332,883.00
4332,883.00
$1,000,000.00
404 86505
Budgeted Transfers
$247,949.00
$161,918.00
$409,867.00
Total
$13,785,608.39
$466,652.33
$14,252,260.72
$0.00
$0.00
$0.00
KW AIP Series 2006 Bonds - 405
Current
Ina/(Dec.)
Revised
Revenues:
Budget
Budget
405-381404GT
Transfer from Fund 404
$1,801,498.42
$645,449.00
$2,446,947.42
405-xxxxx
All Other Revenues
$36,021,501.58
$0.00
$36,021,501.58
Total
$37,823,000.00
$645,449.00
$38,468,449.00
Appropriations:
405-88900
Debt Service
$1,439,100.00
$645,449.00
$2,084,549.00
405-xxxxx
All Other Expenditures
$36,383,900.00
$0.00
$36,383,900.00
Total
$37,823,000.00
$645,449.00
$38,468,449.00
$0.00
$0.00
$0.00
BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said Board, upon the receipt of the above, is hereby authorized and directed to
make necessary changes of said items,
as set forth above.
PASSED AND ADOPTED by the
Board of County Commissioners of Monroe County, Florida, at a regular meeting of
the Board on the 18th day of
April, A.D. 2007.
Mayor Di Gennaro
Mayor Pro Tern Spehar
Commissioner McCoy
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY. FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE. Clerk
Mayor/Chairman
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2007 Division: Budget & Finance
Bulk Item: Yes No X
Department: OMB
Department Contact: Tina Boan
AGENDA ITEM WORDING:
A Public Hearing to consider approval of a resolution for a Budget Amendment for the General Fund
001 & the Fine & Forfeiture Fund 101 to transfer the Trauma Star Helicopter revenue and expenditures
from 001 to 101.
ITEM BACKGROUND:
As discussed at the March 71h 2007 Board of County Commissioner's Workshop the recommendation
was made to the Board to move the Trauma Star Helicopter program from the General Fund to the Fine
and Forfeiture Fund which was previously removed from that fund to relieve the stress created by the
cash flow issue. As a result of action taken by the B.O.C.C. for the Adopted FY07 budget the Fine &
Forfeiture fund cash flow issues were addressed and corrected and the fund can now support this
program.
PREVIOUS RELEVANT BOCC ACTION:
At the March 20, 2007, meeting the board gave approval to advertise this budget amendment.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ /g Purchasing X Risk Management
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/03
Resolution 2007
WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the General Fund, #001,
and the Fine & Forfieture Fund #101 for the fiscal year beginning October 1, 2006 and ending September 30, 2007 now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONS OF MONROE COUNTY, FLORIDA, that a Public Hearing was
conducted on April 18, 2007 at 5:01 p.m. to amend the General Fund, #001, and the Fine & Forfieture Fund budgets and to adopt the amended budget as follows
General Fund -001
Current
Inc./(Dec.)
Revised
Revenues:
Budget
Budget
001-389002
Fund Balance Forward
$12,730,824.00
-$1,430,508.00
$11,300,316.00
001-389001
Less 5%Florida Statute
-$1,692,045.00
$0.00
-$1,692,045.00
001-11000-342603SS
Emergency Medical Air Transport
$750,000.00
-$750,000.00
$0.00
001-xxxxxxxx
All Other Revenue
$38,056,953.45
$0.00
$38,056,953.45
Total
$49,845,732.45
-$2,180,508.00
$47,665,224.45
Appropriations:
001-5260-1012- 1 1000-xxxxxx
Emergency Medical Air Transport
$2,180,508.00
-$2,180,508.00
$0.00
001-xxxx-xxxx-xxxxx-xxxxxx
All Other Expenditures
$47,665,224.45
$0.00
$47,665,224.45
Total
$49,845,732.45
-$2,180,508.00
$47,665,224.45
$0.00
$0.00
$0.00
Fine & Forfieture Fund -101
Current
Inc./(Dec.)
Revised
Revenues:
Budget
Budget
101-11001-342603SS
Medical Air Transport
$0.00
$100,000.00
$100,000.00
101-389001
Less 5%Florida Statute
-$2,644,666.00
$0.00
-$2,644,666.00
101-389002
Fund Balance Forward
$5,030,828.00
$0.00
$5,030,828.00
101-xxxxxx
All Other Revenue
$54,278,079.00
$0.00
$54,278,079.00
$56,664,241.00
$100,000.00
$56,764,241.00
Appropriations:
101-5130-85503-590991
Reserves Cash Balance
$8,562,305.00
-$1,900,000.00
$6,662,305.00
101-5260-1012-11001-xxxxxx
Medical Air Transport
$0.00
$2,000,000.00
$2,000,000.00
10 1 -xxxx-xxxx-xxxxx-xxxxxx
All Other Expenditures
$48,101,936.00
$0.00
$48,101,936.00
$56,664,241.00
$100,000.00
$56,764,241.00
$0.00
$0.00
$0.00
BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said Board, upon the receipt of the above, is hereby authorized and directed to
make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 18th day of
April, A.D. 2007.
Mayor Di Gennaro
Mayor Pro Tern Spehar
Commissioner McCoy
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY. FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Mayor/Chairman
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2007 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Res.
Staff Contact Person: Clarence Feagin, Ph.D.AICP
AGENDA ITEM WORDING:
A public hearing to adopt a Resolution repealing Resolution 389-2005 and amending the fee schedule
for planning and development applications.
ITEM BACKGROUND:
The Growth Management Division is proposing to incorporate a fee for processing applications for
exemptions and waivers from the inclusionary housing requirements in Section 9.5-266 of the Monroe
County Code. The fee amount is reasonably supported by staff s analysis of comparable review
procedures and is intended to recover costs incurred by the Growth Management Division in staff time
and materials expended.
The new fee schedule is intended to ensure that customers receiving the benefits of planning and
development reviews pay the full share of the costs to reduce burdens on taxpayers at large.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC adopted Resolution 389-2005 on October 19, 2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No , AMOUNT PER MONTH Year $1,800.00
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
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Reviewer:
RESOLUTION NO. -2007
A RESOLUTION REPEALING RESOLUTION NO. 389-2005, AND
ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH,
AND AMENDING THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT FEE SCHEDULE TO ESTABLISH
A FEE FOR REVIEWING APPLICATIONS FOR EXEMPTIONS
AND WAIVERS TO THE INCLUSIONARY HOUSING
REQUIREMENT IN SECTION 9.5-266 OF THE MONROE
COUNTY CODE, TO PROVIDE A REASONABLE RECOVERY
OF THE COSTS INCURRED TO THE GROWTH MANAGEMENT
DIVISION IN STAFF TIME AND MATERIALS EXPENDED FOR
PROVIDING SUCH SERVICE TO THE PARTIES RECEIVING
THE BENEFITS OF THE REVIEW, AND THUS, FURTHER
REDUCING THE BURDEN CURRENTLY BEING BORNE BY
THE TAXPAYERS AT LARGE; PROVIDING FOR AN
EFFECTIVE DATE OF APRIL 28, 2007
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interest of the general
public to charge the true cost for development related services, thereby placing the
burden of such costs directly upon those parties deriving the benefit; and,
WHEREAS, the Growth Management Director has demonstrated that the
existing fee schedule does not reflect the true cost of providing the services to the parties
requesting services from the Planning and Environmental Resources Department; and
WHEREAS, the updated fee schedule prepared by the Growth Management
Division for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on -site biological reviews, administrative appeals,
preparation of official documentation verifying existing development rights, and waivers
and exemptions to inclusionary housing requirements; and
WHEREAS, after hearing testimony and evidence presented as to the appropriate
fee schedule during a public hearing on April 18, 2007, the Board of County
Commissioners concurs with the recommendations of the Growth Management Director.
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Reviewer:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA, THAT:
Section 1. Fee Schedule Amendment. The Board of County Commissioners amends the
Planning and Environmental Resources Department Fee Schedule as follows:
Stfilet4es represent deletions of existing words or language in text.
Underlined words represent additional words or language to text.
All other words and language remain un-amended.
Section 2. Pursuant to Section 9.5-21, the following schedule of fees to be charged by
the Growth Management Division for the filing of land development permits,
land development approvals, land development orders, and appeal
applications and requests for technical services or official letters attesting to
development rights recognized by the County:
Alcoholic Beverage ApVication' $
1,140.00
Administrative Appeals
950.00
Administrative Relief
760.00
Beneficial Use
1,300.00
Biological Site Visit (per visit)
260.00
Boundary Determination
1,090.00
Conditional Use Application, Major"2,5
6,020.00
Conditional Use, Application, Minors,2,5
4,570.00
Conditional Use, Minor Deviation
320.00
Development Agreement'°5
8,830.00
Development of Regional Impact',5
9,970.00
DOAH Appeals3
570.00
Future Land Use Map Amendment — Residential1,2,5
3,940.00
(With Land Use Map Amendment)
Future Land Use Map Amendment — Nonresidential1,2,5
4,950.00
(With Land Use Map Amendment)
Future Land Use Map Amendment — Residential',2,5
3,010.00
(Without Land Use Map Amendment)
Future Land Use Map Amendment — Nonresidential',2"
4,020.00
(Without Land Use Map Amendment)
Habitat Evaluation Index (per hour)
60.00
Home Occupation Application
310.00
Land Use District Map Amendment —Residential '.2,5
2,940.00
Land Use District Map Amendment — Nonresidential''2'5
3,970.00
LDR or Comprehensive Plan Text Amendment
2,270.00
Letter of Buildability (Current Site Conditions)
850.00
Letter of Development Rights Determination
1,620.00
Minor Conditional — TDR
420.00
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Reviewer:
Minor Conditional — TRE2
570.00
NROGO Applications
590.00
Platting, 5 lots or less
1,660.00
Platting, 6 lots or mores
3,100.00
Pre -application with Letter of Understanding
620.00
Pre -application with No Letter of Understanding
270.00
Research, permits and records (per hour)
50.00
ROGO Application's
430.00
ROGO Lot/Parcel Dedication Letter
210.00
Sign Variance
920.00
Special Certificate of Appropriateness
200.00
Vacation Rental Application
390.00
Vacation Rental Renewal
100.00
Vacation Rental Manager License Fee
40.00
Variance, Planning Commission)°2
1,060.00
Variance, Planning Director2,4
650.00
Vested Rights Determination
850.00
Waiver, Planning Director2
420.00
Wetlands Delineation (per hour)' 60.00
1 Subject to additional fees; $245 for newspaper advertisement and $3 per
property owner notice.
2 No application or other fees for affordable housing projects.
3 Subject to additional charges; payment of half the cost of the hearing officer,
which is $66 per hour. County is charged $132 per hour by DOAH.
4 Subject to additional fee of $3 per property owner notice.
s Subject to technology fee of $20 for records conversion, storage, and retrieval.
Section 3. Resolution No. 389-2005 is hereby repealed.
Section 4. The effective date of the Fee Schedule shall be April 28, 2007.
Section 5. The Clerk of the Board is hereby directed to forward one (1) certified copy of
this Resolution to the Division of Growth Management.
(THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
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Reviewer:
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 181h day of April, 2007.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
e
MONROE COUNTY. A�RNEY�
APPRO A3 RM
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Reviewer:
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners:__,
�e rya
From: Andrew Trivette,
Acting Director, Division of Growth Management
Date: April 18, 2007
RE: Remised Fee Schedule for Planning and Developnient Revieu, Applications
1
2 Overview
3
4 Due to recent requests to apply for exemptions and waivers from the inclusionary
5 housing requirement for affordable housing, as provided in Section 9.5-266(b)(3) of
6 the Monroe County Code, the Planning Department is proposing a new fee for
7 reviewing applications in order to provide a reasonable recovery of costs incurred by
8 staff in time and materials expended.
9
10 The purpose of the new fee is to ensure that customers receiving the benefits of the
11 review pay their fair share of the costs of such reviews, in order to reduce burdens
12 on taxpayers at large.
13
14 Rationale and calculation of fee amount
15
16 In developing the new fee to recover costs for reviewing applications for waivers
17 and exemptions from inclusionary housing requirements, staff considered the time
18 records kept by staff. The average number of hours for reviewing comparable
19 waiver applications by senior planning and administrative staff provided the basis
20 for determining the proposed fee.
21
22 In a previous study conducted by the Planning Department for determining the
23 amount of time and labor costs for reviewing similar waivers and variances by the
24 planning department, staff expended up to nineteen (19) hours to review an
25 application and prepare a staff report at a cost of $46.89 per hour.
26
27
28
29
30
31
32
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
The anticipated amount of time to be incurred by staff for reviewing an application,
preparing a staff report, and scheduling the item on the agenda of the board of
County commissioners is:
Planning staff (consultation with applicant)
Planning Staff (application review and preparation of staff report)
Planning Director review
Division Director review
Legal staff review
Administrative staff (preparation of BOCC agenda packet)
Total staff time
Fee Calculation
19.5 hrs staff time X $46.89 per hour = $900.00
Anticipated Revenues
2 hrs
8 hrs
1.5 hrs
2 hrs
4 hrs
2 hrs
19.5 hrs
Staff anticipates receiving and reviewing two (2) applications per year for
exemptions and waivers from inclusionary housing requirements, at a total cost of
$1,800.00 for the FY2007-2008 budget
Recommendation
Staff recommends approval of the resolution to incorporate a fee into the Planning
and Environmental Resources Department Fee Schedule, in order to recover costs in
staff time and materials expended for reviewing applications for exemptions and
waivers from inclusionary housing requirements.
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2007 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning
Staff Contact Person: Clarence Feagin Ph.D. AICP
AGENDA ITEM WORDING:
A public hearing to adopt an ordinance amending text of the Monroe County Code Section 9.5-
22(h)(2): planning commission meetings, hearings and procedure, to change one of the locations of the
regularly scheduled bi-monthly meetings of the planning commission from the middle keys sub -area to
the lower keys sub -area
ITEM BACKGROUND:
In 1996, due to greater case loads requiring public hearings in the Middle Keys, the MCC was amended
to change the locations of the bi-monthly meetings to rotate between the Middle Keys and Upper Keys
sub -areas, in order to provide services to affected property owners on matters requiring public hearings
relating to minor or major conditional uses, variances, and administrative appeals. However, since
1996 the size of the land area and population in the unincorporated middle keys sub -area has
diminished due to the incorporation of Islamorada and the City of Marathon. This has resulted in a
decrease in public service needs in the Middle Keys and a lessening of case loads that require public
hearings for property owners affected by land use decisions.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes N/A No N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH N/A Year N/A
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
ORDINANCE NO
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 SEVERABHATY;
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. Text Amendment. Section 9.5-22 of the Monroe County Land Development
Regulations is hereby amended as follows:
StfikeA&oughs represent deletions of existing words or language in text.
Underlined words represent additional words or language to text.
All other words and language remain un-amended.
Sec. 9.5-22. Planning commission. (h) Meetings, Hearings and Procedure:
(2) The regularly scheduled (bi-monthly) meetings shall rotate between the middle
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 lower
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 middle
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 louver 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
Mayor Pro Tem Dixie M. Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
ATTEST: Danny L. Kolhage, CLERK
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
Lo
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
l.BQ1
SUSAN M. (MSLEY�
ASSISTANT COUNTY ATTORNEY
Date __ 3 —. 2-
TO:
FROM:
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professions! and fair
STAFF REPORT
THE BOARD OF COUNTY COMMISSIOERS
CLARENCE FEAGIN, Ph.D., AICP, SENIOR PLANNER
THROUGH: ANDREW TRIVETTE, ACTING DIRECTOR,
GROWTH MANAGEMENT DIVISION
RE: TEXT AMENDMENT TO THE MONROE COUNTY CODE
AMENDING SECTION 9.5-22(h)(2): PLANNING COMMISSION
MEETINGS, HEARINGS AND PROCEDURE, TO CHANGE ONE OF
THE LOCATIONS OF THE REGULARLY SCHEDULED BI-
MONTHLY MEETINGS OF THE PLANNING COMMISSION FROM
THE MIDDLE KEYS SUB -AREA TO THE LOWER KEYS SUB -AREA
MEETING DATE: April 18, 2007
1 I. BACKGROUND:
2
3 Before 1996 Section 9.5-22(h)(2) of the Monroe County Code (MCC) provided
4 that regularly scheduled bi-monthly meetings of the Planning Commission were to rotate
5 between the Lower Keys and Upper Keys sub -areas. However, in 1996, due to greater
6 case loads requiring public hearings in the Middle Keys, the MCC was amended to
7 change the locations of the bi-monthly meetings to rotate between the Middle Keys and
8 Upper Keys sub -areas, in order to provide services to affected property owners on matters
9 requiring public hearings relating to minor or major conditional uses, variances, and
10 administrative appeals. Consequently, since 1996 the size of the land area and population
11 in the unincorporated middle keys sub -area has diminished due to the incorporation of
12 Islamorada and the City of Marathon. This has resulted in a decrease in public service
13 needs in the Middle Keys and a lessening of case loads that require public hearings for
14 property owners affected by land use decisions.
15 The purpose of this text amendment is to provide more efficient service to
16 Monroe County residents, in consideration of new issues that have arisen due to changed
17 projections and assumptions regarding public service needs and demographic trends since
18 the incorporation of Islamorada Village of Islands and the City of Marathon, which
19 removed a majority of the Middle Keys sub -area from the County's jurisdiction over land
20 use regulations.
21
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1
2 A. Characteristics of the proposed text amendment
3 (i) The proposed text amendment deletes the Middle Keys sub -area from one
4 of the required locations of the regularly scheduled bi-monthly Planning
5 Commission meetings and changes it to the Lower Keys sub area.
6 (ii) The proposed text amendment provides flexibility to the Planning
7 Commission to use its discretion to schedule special meetings in the
8 Middle Keys sub -area for matters requiring public hearings nearest to
9 property owners affected by decisions relating to minor or major
10 conditional uses, variances, and administrative appeals.
11 (iii) The proposed text amendment provides flexibility to the Planning
12 Commission to use its discretion to schedule special meetings in the
13 Middle Keys sub -area for matters not related to specific properties, such as
14 text amendments to the MCC and comprehensive plan amendments.
15
16 II. ANALYSIS
17
18 A. County requirements for changes to the land development regulations.
19
20 Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land
21 development regulations. Specifically, Sec. 9.5-511(d)(5)b sets forth six (6) criteria for
22 amending the land development regulations, at least one of which must be met. Three (3)
23 of the six (6) criteria support the proposed amendment;
24
25 (i) changed projections regarding public service needs,
26 (ii) changed assumptions regarding demographic trends, and
27 (iv) new issues.
28
29 (i) Changed projections (e.g., regarding public service needs) from those on which the
30 text or boundary was based.
31
32 Due to the incorporations of Islamorada and the City of Marathon, the boundary
33 of the Middle Keys Sub -County Area has diminished in size, resulting in a
34 smaller area in which the County has jurisdiction over land use regulations.
35 Consequently, the demand for public services in the Middle Keys sub -area has
36 diminished regarding the need for public hearings on items affecting specific
37 properties, such as minor or major conditional land use approvals, variances, and
38 administrative appeals.
39
40 (ii) Changed assumptions (e.g., regarding demographic trends).
41
42 Similar to (i) above, the diminution of the service area boundary of the Middle
43 Keys has resulted in a change in the demographics of the population being served
44 by the County. Due to the incorporation of Islamorada and the City of Marathon,
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I the remaining public service area boundary over which the County has
2 jurisdiction regarding land use decisions encompasses mainly the Upper Keys and
3 Lower Keys sub -County areas. The only areas within the Middle keys sub -area
4 under County jurisdiction are Duck Key, Conch Key, and portions of Long Key,
5 residents of which will have the opportunity to attend regular meetings of the
6 Planning Commission in the Upper Keys sub -area and special meetings in the
7 Middle Keys sub -area as required by public service demand for such meetings.
8
9 (iv) New Issues.
10 Due to the reduction of the Middle Keys sub -area from the incorporations of
11 Islamorada and the City of Marathon, the shift in the number of allocations for new
12 residential and non-residential development to the Lower Keys will increase the
13 requirement for more public services for specific properties in the Lower Keys sub -area,
14 services of which can be met by having one of the regularly scheduled bi-monthly
15 meetings of the Planning Commission in the Lower Keys sub -area.
16
17
18 B. Consistency with the Comprehensive Plan.
19
20 The proposed text amendment effects a change in administrative procedures and is not
21 related to any specific element of the comprehensive plan.
22
23 C. Public Welfare Issues.
24
25 Having one of the regularly scheduled bi-monthly meetings of the Planning Commission
26 in the Lower Keys sub -area is in the overriding public interest in that it provides Lower
27 Keys residents the opportunity to travel less distance to attend public hearings on items
28 that may affect the compatibility of land uses for specific properties in their
29 neighborhoods.
30 The ordinance is consistent with the Principles for Guiding Development in the Florida
31 Keys Area of Critical State Concern as a whole and is not inconsistent with any principle.
32 Specifically, the proposed text amendment furthers:
33 Principle (a): To strengthen local government capabilities for managing land use and
34 development so that local government is able to achieve these objectives without the
35 continuation of the area of critical state concern designation, in that it furthers the ability of
36 Monroe County to manage its own affairs and become more self governing.
37
38 D. Benefits to Property Owners:
39
40 The proposed text amendment benefits property owners in the Lower Keys sub -area by
41 providing Lower Keys residents the opportunity to travel less distance to attend public
42 hearings on items that may affect the compatibility of land uses with specific properties
43 in their neighborhoods.
44
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III. PROPOSED REVISION:
A text amendment to section 9.5-22(h)(2) of the Monroe County code to change one of
the regularly scheduled the meeting locations of the Planning Commission to the Lower
Keys sub -County area.
IV. CONCLUSIONS:
1. The proposed text amendment is consistent with the criteria in Section 9.5-511
of the Monroe County Code for justifying decisions to amendment the text.
2. The proposed text amendment is in the interest of public welfare.
3. The proposed text amendment is not related to any specific element of the
comprehensive plan, and only involves a change in administrative procedures.
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern as a whole,
and is not inconsistent with any principle.
V. RECOMMENDATION:
Staff recommends approval.
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