Item Q4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning`& Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
Joseph Haberman - 289-2532
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Sections 102-19, 102-20,
and 102-158 of the Monroe County Land Development Code, requiring a vote of at least four members of the
BOCC for certain Comprehensive Plan, Future Land Use Map, Land Development Code and Land Use District
(Zoning) Map amendments, requiring the Planning Commission to take action on certain items by a vote of
three members, clarifying existing language within those sections and removing obsolete language.
ITEM BACKGROUND:
Monroe County is designated as an Area of Critical State Concern and the Florida State Land Planning Agency has
oversight of the Areas of Critical State Concern. However, this oversight may not be sufficient to prevent unwanted or
undesirable development or environmental impacts to Monroe County without additional requirements for:
• Amendments to the Comprehensive Plan or a proposed amendment as modified (not including the Capital
Improvement Element, Capital Improvement Plan or amendments reflecting changes in state requirements
pursuant to F.S. 163.3191 required by the evaluation and appraisal of comprehensive plan);
• Amendments to the Future Land Use Map (FLUM), including those for sub -area policies or mapped sub -areas;
• Amendments to the Land Development Code that affect any permitted use, height requirement, land use intensity
or residential density within a particular land use district; and
• Amendments to Land Use District (Zoning) map, including sub -area and overlay districts.
Approval of these text amendments would modify the Land Development Code to require a vote of at least four members
of the BOCC for the items listed above. The proposed amendments clarify the use of current terminology. The
amendments also remove some language related to developments of regional impacts and the codified protest procedure
for Land Use District (zoning) map amendments and FLUM transmittals, which would be obsolete if the Land
Development Code is amended to require a minimum of four votes for those items.
PREVIOUS RELEVANT BOCC ACTION:
At a previous meeting, the BOCC discussed the issue and approved a motion to have the Growth Management Division
draft the subject ordinance.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: 0 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 x OMB/Purchasing Risk Management _
DOCUMENTATION:
Included X Not Required
DISPOSITION: ___ AGENDA ITEM #,
No
Year
1101 :n,; `1 4
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning and Development Review Manager
Date: August 2, 2011
Subject: AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 102-19, BOARD OF COUNTY
COMMISSIONERS, CONCERNING DUTIES OF THE BOARD
OF COUNTY COMMSSIONERS CONCERNING LAND USE
MATTERS; SECTION 102-20, PLANNING COMMISSION,
CONCERNING DUTIES OF THE PLANNING COMMISSION;
SECTION 102-158, AMENDMENTS TO THIS CHAPTER,
CONCERNING AMENDMENTS TO THE COMPREHENSIVE
PLAN, LAND DEVELOPMENT CODE, FUTURE LAND USE
MAP AND LAND USE DISTRICT MAP, PRESCRIBING NOTICE
AND PROCESS FOR PUBLIC HEARINGS; REQUIRING A
VOTE OF FOUR MEMBERS OF THE BOARD OF COUNTY
COMMISSIONERS TO TRANSMIT OR ADOPT A
COMPREHENSIVE PLAN AMENDMENT, A COMPREHENSIVE
PLAN TEXT SUB AREA POLICY OR OVERLAY
DISTRICT, FUTURE LAND USE MAP AMENDMENT OR SUB
AREA OR OVERLAY DISTRICT, CHANGES IN THE LAND
DEVELOPMENT CODE THAT AFFECT A PERMITTED USE,
HEIGHT, RESIDENTIAL DENSITY OR LAND USE INTENSITY
REQUIREMENT WITHIN A PARTICULAR LAND USE
DISTRICT, CREATION OR AMENDMENT OF AN OVERLAY
DISTRICT OR SUBAREA, OR ANY LAND USE DISTRICT MAP
AMENDMENT, ELIMINATING A PROTEST PROCEDURE FOR
ZONING MAP CHANGES AND TRANSMITTAL OF
COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR ANEFFECTIVE DATE.
Page 1 of 12 (File #2011-034)
Meeting: August 17, 2011
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §102-19, 102-20, and 102-158 of the Monroe County Code. The general purpose of the
6 amendments is to require a supermajority vote of the board of county commissioners for
7 specified types of applications, also referred to as 4/5 or 515 votes. In addition, the
8 amendments revise the land development code to better clarify language within the subject
9 sections and remove some unnecessary language related to developments of regional impact
10 and protest procedure.
11
12 II REVIEW
13
14 Monroe County is designated as an Area of Critical State Concern and the Florida State Land
15 Planning Agency has oversight of the Areas of Critical State Concern in the state of Florida.
16 However, this oversight may not be sufficient to prevent unwanted or undesirable
17 development or environmental impacts to Monroe County without additional requirements
18 for new comprehensive plan amendments, future land use map amendments, land
19 development regulations and/or land use district map amendments.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Approval of these text amendments would modify the Land Development Code to require a
supermajority vote of the Board of County Commissioners for certain types of applications.
Notably, four or five votes for approval would be required for amendments to the
comprehensive plan, the future land use map, and land development code sections that
regulate permitted use, height, residential density and/or land use intensity.
This item was reviewed by the planning commission at a public hearing on June 22, 2011. At
the public hearing, the planning commission recommended approval of the text amendments as
presented in the planning commission staff report. As a note, Following the public hearing,
staff carried out an additional review of the proposed amendment and made minor revisions for
readability, consistent terminology and grammar purposes. In addition, staff removed some
references to Evaluation and Appraisal Reports (EAR's) and the Florida Department of
Community Affairs (DCA) to reflect recent statutory amendments.
Therefore, staff recommends the following changes (deletions are striekea difeu and
additions are underlined).
Sec.102-19. Board of county commissioners.
42 In addition to any authority granted the board of county commissioners by state law or this
43 Land Development Code, the board of county commissioners shall have the following
44 powers and duties:
45
Page 2 of 12 (File #2011-034)
1 (1) To transmit and adopt and amend amendments to the official Future Land Use Map
2 (FLUM) and official lead use deve4opment map Land Use District (Zoning) Map and
3 existing eendifiens map after recommendation by the planning commission;
4 (2) To initiate amendments to the text of this ehapteF the Monroe County Code of
5 Ordinances, Land Development Code and the plea Comprehensive Plan;
6 (3) To hear, review and adopt amendments to the text of these-mgeas the Monroe
7 County Code of Ordinances this Land Development Code and the Comprehensive Plan
8 after initiation by a county department or submittal by a private applicants and
9 recommendation by the planning commission;
10 (4) To act upon applications for variances from the elevation requirements of the floodplain
11 management regulations of the -the Monroe County Code of Ordinances, this Land
12 Development Code and the Comprehensive Plan;
13 (5) To designate and appoint a hearing officer to make recommendations in regard to
14 determinations of vested rights or such other decisions as the board may deem
15 appropriate;
16 (6) To take such other action not delegated to the planning commission as the board of
17 county commissioners may deem desirable and necessary to implement the provisions of
18 these regulations the Monroe County Code of Ordinances, this Land Development and
19 the plea Comprehensive Plan;
20 (7) To hear and act upon applications for
21 development agreements; plat
22 approvals; floodplain management variances; appeals of the planning director's decisions
23 on impact fees; amendments to the land use distFiet maps; and any other item which the
24 board, in its discretion, decides should be heard; and to make adoptions of findings of
25 fact and orders for beneficial uses and vested rights; designations of archaeological,
26 historical or cultural landmarks; designations of areas of critical county concern or any
27 modification of such designations. The above -referenced hearings and adoptions shall
28 take place at the board's meeting site in Key West, Marathon or Key Largo, whichever is
29 closest to the subject property or at the board's meeting site that is next closest to the
30 subject property. In the event a proposed area of critical county concern will affect
31 various properties a portion of which are closest to one hearing site and a portion of
32 which are closest to another, then at least one hearing shall be held at each site before any
33 final board action may be taken; and
34
35 raeaditienal use pem3its that are to be the 9*eet ef develepment agreements under- F.S. §
36 163.3225-et seq.,
37
38 law; and
39 (9) (88) To establish, by resolution, a schedule of fees to be charged by the growth
40 management division (GMD) to persons filing land development permit applications,
41 land development approval applications, and land development order applications
42 however styled, and any land development order appeal however styled. In establishing
43 the fee amounts, the GMD director shall present evidence to the board of the cost
44 incurred by the GMD in staff time, and material expended, that are usually required to
45 review the particular item that is the subject of the proposed fee. The overall general
46 administrative and operational overhead of the GMD may not be included in the fee
Page 3 of 12
1 amount. While mathematical exactitude is not required, no fee adopted by the board
2 pursuant to this subsection may be in excess of the amount reasonably supported by the
3 evidence submitted by the GMD director regarding the staff time incurred, and material
4 expended, usually required for the review of the particular item that is the subject of the
5 proposed fee. Any fee resolution considered by the board pursuant to this subsection must
6 be heard by the board at a time certain public hearing with public notice provided in the
7 same manner as the public notice required for the adoption of an ordinance under F.S. §
8 125.66(2)(a). At the public hearing, members of the public must be afforded an
9 opportunity to comment on the proposed fees. The fees established shall generally be
10 nonrefundable; provided, however, the GMD director may approve a refund of up to 50
11 percent of the fee upon good cause shown by the applicant and the finding that the refund
12 will not result in GMD staff time costs or material costs already expended going
13 unreimbursed.
14
15
*
*
16
17
Sec.102-20.
Planning commission.
18
19
(a) Creation. There is hereby established a planning commission.
20
21
(b) Powers and duties. The planning commission shall have the following powers and
22
duties:
23
(1)
To serve as the local planning agency (LPA), required by F.S. § 163.3174;
24
(2)
To prepare or cause to be prepared data and analysis for the Comprehensive Plan
25
a eemlr-ehensive plan or gy element thereof, and to submit to the board of
26
county commissioners if so desired by the planning commission, an annual
27
report recommending amendments to such plan;
28
(3)
To review and make recommendations to the board of county commissioners in
29
regard to amendment of the Future Land Use May (FLUM) and the official IMd
30
use dish Land Use District (Zoning) Map;
31
(4)
To hear, review and approve or disapprove applications for per a major
32
conditional use permits or minor conditional use permits in accordance with
33
section 110-69(e);
34
(5)
To initiate, hear, review and make recommendations to the board of county
35
commissioners on applications for amendment to the text of the Comprehensive
36
Plan and this Land Development Code;
37
(6)
To hear, review and recommend approval or disapproval of all plats in accordance
38
with the rules and regulations established by the board of county commissioners;
39
(7)
To hear, consider and act on appeals of administrative actions;
40
(8)
To act to ensure compliance with conditional use permits, as approved and issued;
41
(9)
To make its special knowledge and expertise available upon reasonable written
42
request and authorization of the board of county commissioners to any official,
43
department, board, commission or agency of the county, state or federal
44
government; and
Page 4 of 12
1 (10) To adopt such rules of procedure necessary for the administration of its
2 responsibilities not inconsistent with this article to govern the commission's
3 proceedings.
4
5 (c) Qualifications for membership. Members shall be chosen from persons with experience
6 in the areas of planning, environmental science, the business community, the
7 development industry, and other Florida Keys local industries. Members of the planning
8 commission shall be qualified electors in the county. In the event that any member is no
9 longer a qualified elector or is convicted of a felony or an offense involving moral
10 turpitude while in office, the board of county commissioners shall terminate the
11 appointment of such person as a member of the commission.
12
13 (d) Membership: appointment, removal, terms, and vacancies.
14 (1) The planning commission shall be composed of five members. Vacancies shall be
15 filled by nomination by the district's commissioner for the district whose member
16 on the board of county commissioners made the previous appointment for the
17 vacant seat. The county commissioner shall nominate a person qualified as
18 provided in subsection (c) of this section to be approved by the board of county
19 commissioners by a vote of at least three members. The geographical
20 representation of the Florida Keys shall be considered, but not required when
21 making appointments to the planning commission. If there is a vacancy on the
22 planning commission which remains unfilled for more than 60 days, the mayor
23 may appoint a person to hold the office until an appointment is approved by the
24 county commission.
25 (2) Members shall serve at the pleasure of the board of county commissioners.
26 Removal shall be approved by the affirmative vote of at least three members of
27 the board of county commissioners.
28 (3) All appointments shall terminate upon replacement by a county commissioner
29 with another person appointed and approved by the county commission.
30 Confirmation of existing appointments or nominations for new appointments by
31 all county commissioners elected in the fall of each election year shall be made by
32 those commissioners at or before the regular monthly meeting of the board of
33 county commissioners in February of each year following an election year. If such
34 ratification or appointment does not take place, the respective planning
35 commission seat shall be deemed vacant. Terms of the planning commission
36 appointments shall be from their appointment dates until replaced or terminated.
37 Planning commission members serving as of August 1, 2009 shall be subject to
38 the provision of this subsection and shall serve until replaced as described above,
39 whether filling out the term of a previously appointed member or serving their
40 own terms.
41 (4) At an annual organizational meeting, the members of the planning commission
42 shall elect one of its members as chair and one as vice -chair. In the absence of the
43 chair, the vice -chair shall act as chair and shall have all powers of the chair. The
44 chair shall serve a term of one year. No member shall serve as chair for more than
45 two consecutive terms.
Page 5 of 12
1 (5) The presiding officer of any meeting of the commission may administer oaths,
2 shall be in charge of all proceedings before the commission, and shall take such
3 action as shall be necessary to preserve order and the integrity of all proceedings
4 before the commission.
5 (6) If any member of the commission shall fail to attend three regular consecutive
6 meetings without prior notice and an excuse sufficient to the planning
7 commission, such failure shall constitute sufficient grounds for termination of the
8 member's appointment. The commission coordinator shall notify the chair or the
9 vice -chair, as the case may be, and he shall immediately file a notification of such
10 nonattendance with the county administrator for placement on the agenda of the
11 board of county commissioners; and the board shall, by appropriate action,
12 terminate the appointment of such person and fill the vacancy thereby created as
13 soon as practicable. A member who desires to be excused shall contact the
14 commission coordinator prior to the meeting. The commission coordinator shall
15 report the request to the chair who shall make the determination to grant or deny
16 the request.
17 (7) A representative of the school district shall be appointed by the school board as a
18 nonvoting member of the planning commission and shall attend those meetings at
19 which the planning commission considers eempr-eheasive plan amendments and
20 cgs amendments to the Comprehensive Plan, the Future Land Use Man
21 (FLUM) and/or official Land Use District (Zoning) May that would, if approved,
22 increase residential density on the property that is the subject of the application.
23 (88,) The base commander of the Naval Air Station Key West or designee shall be a
24 nonvoting ex-officio member of the planning commission as long as such a
25 requirement for military installation representation is in the Florida Statutes.
26
27 (e) Recording secretary. The heater of planning director shall appoint a recording secretary
28 to serve the planning commission. The secretary shall keep minutes of all proceedings of
29 the commission, which minutes shall be a summary of all proceedings before the
30 commission, attested to by the secretary, and which shall include the vote of each
31 member upon every question. The minutes shall be approved by a majority of the
32 members of the commission voting. In addition, the secretary shall maintain all records of
33 commission meetings, hearings and proceedings, the correspondence of the commission,
34 and a mailing list of persons wishing to receive notices of meetings, agendas or minutes
35 and who have paid an annual fee set by the board of county commissioners to cover
36 copying and mailing costs.
37
38 (f) Staff. The department of planning shall be the professional staff of the planning
39 commission.
40
41 (g) Quorum and necessary vote. No meeting of the planning commission may be called to
42 order, nor may any business be transacted by the commission, without a quorum
43 consisting of at least three members of the commission being present. The chair shall be
44 considered and counted as a member. The concurring vote of at least three members shall
45 be necessary for the commission to take action on major epinieer conditional use permit
46 applications, final plat approvals, amendments to the text of the Comprehensive Plan,
Page 6 of 12
I amendments to the text of this shapterer- te-the Land Development Code, amendments to
2 the Future Land Use Map and amendments to the official land ese dis4iet map Land Use
3 District (Zoning) Map. All other actions shall require the concurring vote of a simple
4 majority of the members of the commission then present and voting.
5
6 (h) Planning commission members shall be compensated as determined by the board of
7 county commissioners.
8
9 * *
10
11 Sec.102-158. Amendments to this-elapte-r-. the Comprehensive Plan, Future Land Use
12 May (FLUM), Land Development Code and Land Use District (Zoning) Map.
13
14 (a) Purpose. The purpose of this aisle section is to provide a means for she -tee
15 of this h , t,•e also ineb ,. des Wm ges to the lap , e dirt .:,.+... a amending the
b
16 Comprehensive Planthe Future Land Use Map (FLUM), the Land Development Code,
17 and the Land Use District (Zoning) Map. It is also intended to add to the statutory
18 procedures and requirements for changing the Comprehensive Plan, the Future Land Use
19 Map (FLUM) the Land Development Code and the official Land Use District (Zoning)
20 May. fiAwe land se . It is not intended to relieve
21 particular hardships, nor to confer special privileges or rights on any person, nor to permit
22 an adverse change in community character, analyzed vehime 1 ef the plan in the technical
23 document of the Comprehensive Plan, but only to make necessary adjustments in light of
24 changed conditions or incorrect assumptions or determinations as determined by the
25 findings of the board of county commissioners. In determining whether to grant a
26 requested amendment, the board of county commissioners shall consider, in addition to
27 the factors set forth in this aftiele Land Development Code, any statutory requirements
28 and the consistency of the proposed amendment with the provisions and intent of the plea
29 Comprehensive Plan.
30
31 (b) Authority. The board of county commissioners may amend the teK4 of this ehapt�
32 Comprehensive Planthe Future Land Use Map (FLUM), the Land Development Code,
33 and the official Land Use District (Zoning) Map upon the compliance with the provisions
34 of this affiele section. Amendments may be proposed by the board of county
35 commissioners, the planning commission, the dir-eatere€planning director, or the owner
36 or other person having a contractual interest in property to be affected by a proposed
37 amendment stage related to the text of the
38 Comprehensive Planthe Future Land Use Mar)(FLUM), a Comprehensive Plan sub -area
39 or overlay zone the Land Development Code the Land Use District (Zoning) Map, or a
40 Land Development Code sub -area or overla rezone. The dir-esteref planning director
41 shall have the responsibility to establish the format as approved by the board of county
42 commissioners by which applications can be submitted and shall have the authority to
43 screen those amendments, processing only those which are presented on a complete
44 application. Those deemed insufficient shall be returned within 30 days to the applicant
45 for correction and re -submittal. FLUM ehanges shall be pr-eeessed prior- te
46 appheatien being made to amend the land use distr-i� map.
Page 7 of 12
2 (c) Timing. Applications for map and text amendments tethis -shaptef shall be accepted at
3 any time. The planning director may establish a schedule for processing Comprehensive
4 Plan and Future Land Use Map (FLUM) amendments which must be met by the
5 applicant. The planning director shall review and process the map and text amendment
6 applications as they are received and pass them on to the development review committee
7 and the planning commission for recommendation and final approval by the board of
8 county commissioners.
9
10 (d) Procedures.
11 (1) Proposals by board of county commissioners, planning commission or reetel.
12 planning director. Proposals for amendments by the board of county
13 commissioners, the planning commission or the Neste •ref planning director shall
14 be transmitted to the planning department and the development review committee
15 for review and comment. Staff shall make a recommendation to the planning
16 commission.
17 (2) Proposals by affected landowners. Any landowner or other person having a
18 contractual interest in property desiring to petition the board of county
19 commissioners for an amendment to the Comprehensive Planthe Future Land
20 Use Map (FLUM) the Land Development Code or the Land Use District
21 (Zoning) Map as described above landuse dis4ieA map or- FLUM shall be
22 required to file an application with the direster- e planning director accompanied
23 by a nonrefundable application fee as established from time to time by the board
24 of county commissioners to defray the actual cost of processing the application.
25 The dreeter-e planning director shall transmit the proposed amendment to the
26 planning department and the development review committee for review and
27 comment. Staff shall make a recommendation to the planning commission.
28 (3) Public hearing(s). The planning commission and the board of county
29 commissioners shall each hold at least one public hearing on a proposed
30 amendment to the WK4 of this ehapt Land Development Code, ergs -the !an se
31 dlstr-is map the Land Use District (Zoning) Map, er the Comprehensive Plan, or
32 the Future Land Use Map (PLUM) FLUM at the transmittal stage, and shall
33 follow state law regarding the number of hearings.
34 a. Advertised and mailed notice. Advertised notice of the public hearings
35 for a proposed amendment to the text of the knd development eede Land
36 Development Code, the Land Use District (Zoning)
37 Map, and the transmittal of the SLUM a Future Land Use Mai) (FLUM)
38 change, and the adoption of a Comprehensive Plan text amendment shall
39 be provided as required by section 110-5 of this Land Development Code.
40 In addition, notice of changes to the Land
41 Use District (Zoning) Map including sub -area and overlay districts, the
42 Comprehensive Planincluding sub -area policies, and the Future Land Use
43 Map(FLUM) including mapped sub -areas, shall be mailed to owners of
44 affected property and to owners of property within 300 feet of the affected
45 property at least 15 days prior to the required hearing before the planning
46 commission and at least 30 days before the required heaFing hearing(s)
Page 8 of 12
1 before the board of county commissioners for the land ese istfiet map
2 amendments to the Land
3 Use District (Zoning) Map including sub -area and overlay districts, a
4 Future Land Use Map (FLUM) transmittal hearing, including those for
5 sub -area policies or mapped sub-areasand any Future Land Use Map
6 (FLUM) adoption hearing including_ those for sub -area policies or mapped
7 sub -areas.
8 b. Posting of notice. Posting of notice shall be made in accordance with
9 the requirements of section 110-5.
10 c. Other notice. Notice of all public hearings shall be posted on the
11 Monroe County Website as soon as is practical. Failure to post notice on
12 the Monroe County Website shall not constitute grounds for the
13 cancellation of any public hearing nor shall it constitute grounds for the
14 cancellation of any action taken by a board at such a meeting.
15 (4) Action by planning commission. The planning commission shall review the
16 application, the reports and recommendations of the department of planning, the
17 comments of the development review committee, and the testimony given at the
18 public hearing, and shall submit its recommendations and findings to the board of
19 county commissioners.
20 (5) Action by board of county commissioners following public hearing(s).
21 a. The board of county commissioners shall consider the reports and
22 recommendation of the planning commission, planning staff, and the
23 testimony given at the public hearings.
24 b. The board of county commissioners may consider the adoption of an
25 ordinance enacting the proposed change based on one or more of the
26 following factors:
27 1. Changed projections (e.g., regarding public service needs) from
28 those on which the text or boundary was based;
29 2. Changed assumptions (e.g., regarding demographic trends);
30 3. Data errors, including errors in mapping, vegetative types and
31 natural features described in volume 1 of the plan;
32 4. New issues;
33 5. Recognition of a need for additional detail or
34 comprehensiveness; or
35 6. Data updates;
36 7. s, The principles for guiding development as
37 defined in the Florida Statutes Sec. 380.0552
38 the raempr-eheasive plan.
39 8. Any other statutory requirements.
40 c. In no event shall an amendment be approved which will result in an
41 adverse community change to the planning area in which the proposed
42 development is located or to any area in accordance with a the adopted
43 op rtions of a Livable CommuniKeys Master Plan pursuant to findings of
44 the board of county commissioners.
45 (6) Aretestpmeedur,—,
Page 9 of 12
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the a
,e ewe
.,l
43
r-eeerds of Mefffee County. Every F-e
an
44
oeunty staff te r-eselve the validity ef the pretest
by the time
ef the
publie
45
hear-jag,hear-jag, but •Ftl,' sannet be a plis ,ed the
bee,.a shell a
„tki
a ti,e
46
•t if the t r-eqtt ftl, rl a
et t„tes f ..t...,,,s.....;ttal_;
Page 10 of 12
1
eannet be met, the pEepesed FLUM amendment
shall be Lela ever «fi1
2
the aeva date 93r-
3
fi The area usea as right f way for U.S.
1 shall net be :,,,a„aea : ,
4
ealeWatiens a F aumbeF Fem%ers
tage f c,ersh but si,,,11 1.e
accrsv vry o�-uc t,�
5
ineWded in the distanse 1 1 +;e« fFera
athe aff eyed property.-
�
6
7
8 hearing at whish the
item %411 be heard-.
9
10
11 prepesed amendmentoared
less than „ .,;e fit+ of its tet l
by
net �
12
13 (6) Voting Requirements.
14 a The board of county commissioners may transmit or adopt a proposed
15 amendment to the Comprehensive Plan or a proposed amendment as
16 modified (not including the Capital Improvement Element, Capital
17 Improvement Plan or amendments reflecting changes in state requirements
18 pursuant to F S 163 3191 based upon the evaluation and appraisal of the
19 Comprehensive Plan) a sub -area policy or overlay district in the
20 Comprehensive Plana Future Land Use Map(FLUM) amendment,
21 including those for sub-areapolicies or mapped sub -areas, or a proposed
22 amendment as modified by affirmative vote of not less than four (4)
23 members of its total membership.
24 b The board of county commissioners may adopt a Land Development
25 Code text amendment that affects any permitted use, height requirement,
26 land use intensity or residential density within a particular land use
27 district a Land Use District (Zoning) map amendment, including sub -area
28 and overlay districts or the proposed amendment as modified, by not less
29 than four (4) members of its total membership.
30 c The board of county commissioners may adopt a proposed
31 Comprehensive Plan Capital Improvement Element or amendment or
32 Capital Improvement Plan or amendment by not less than three (3)
33 members of the board The board of cog= commissioners may adopt a
34 Land Development Code text amendment, except those that affect any
35 permitted use height requirement land use intensity or residential density,
36 by not less than three (3) members of its total membership.
37 d Notwithstanding the foregoing all amendments to the Comprehensive
38 Plan or Future Land Use Map (FLUM) and resulting Land Development
39 Code amendments or Land Use District (Zoning) Map amendments made
40 or proposed in order to be consistent with the changes in state
41 reguuirements pursuant to F.S. 163.3191 based upon the evaluation and
42 appraisal of the Comprehensive Plan may be passed by three (3) members
43 of its total membership.
44
45 (e) Typographical or drafting errors. Amendments to the text to correct
46 typographical or drafting errors may be adopted by the board of county
Page 11 of 12
1 commissioners without posted notice or public hearing at any regular meeting. As
2 long as the county is within an area of critical state concern, notice of such
3 amendments shall be transmitted to the Florida State Land Planning Agency
4 within 30 days.
5
6 III RECOMMENDATION
7
8 Staff has found that the proposed text amendment would be consistent with the provisions of
9 MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
10 those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
11 demographic trends); 3. Data errors, including errors in mapping, vegetative types and natural
12 features described in volume I of the plan; 4. New issues; 5. Recognition of a need for additional
13 detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that the proposed
14 text amendments are necessary due to new issues and recognition of a need for additional detail
15 or comprehensiveness.
16
17 Therefore, staff recommends that the Board of County Commissioners amend the Monroe
18 County Code as stated in the text of this staff report.
Page 12 of 12
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2011
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 102-19, BOARD OF COUNTY
COMMISSIONERS, CONCERNING DUTIES OF THE
BOARD OF COUNTY COMMISSIONERS CONCERNING
LAND USE MATTERS; SECTION 102-20, PLANNING
COMMISSION, CONCERNING DUTIES OF THE
PLANNING COMMISSION; SECTION 102-158,
AMENDMENTS TO THIS CHAPTER, CONCERNING
AMENDMENTS TO THE COMPREHENSIVE PLAN, LAND
DEVELOPMENT CODE, FUTURE LAND USE MAP AND
LAND USE DISTRICT MAP; PRESCRIBING NOTICE AND
PROCESS FOR PUBLIC HEARINGS; REQUIRING A
VOTE OF FOUR MEMBERS OF THE BOARD OF
COUNTY COMMISSIONERS TO TRANSMIT OR ADOPT
A COMPREHENSIVE PLAN AMENDMENT, A
COMPREHENSIVE PLAN TEXT SUB AREA POLICY OR
OVERLAY DISTRICT, FUTURE LAND USE MAP
AMENDMENT OR SUB AREA OR OVERLAY DISTRICT,
CHANGES IN THE LAND DEVELOPMENT CODE THAT
AFFECT A PERMITTED USE, HEIGHT, RESIDENTIAL
DENSITY OR LAND USE INTENSITY REQUIREMENT
WITHIN A PARTICULAR LAND USE DISTRICT,
CREATION OR AMENDMENT OF AN OVERLAY
DISTRICT OR SUBAREA, OR ANY LAND USE DISTRICT
MAP AMENDMENT; ELIMINATING A PROTEST
PROCEDURE FOR ZONING MAP CHANGES AND
TRANSMITTAL OF COMPREHENSIVE PLAN
AMENDMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
Page 1 of 13
WHEREAS, Monroe County is designated as an Area of Critical State Concern and the
Florida State Land Planning Agency has oversight of the Areas of Critical State Concern;
and
WHEREAS, the Board of County Commissioners finds this oversight may not be
sufficient to prevent unwanted or undesirable development or environmental impacts to
Monroe County without additional requirements for new Comprehensive Plan text
amendments, Future Land Use Map (FLUM) map amendments, Land Development Code
text amendments and Land Use District (Zoning) map amendments; and
WHEREAS, the Board of County Commissioners finds that the citizens of Monroe
County desire more control over land use decisions regarding the Comprehensive Plan
and other land use decisions; and
WHEREAS, the Board of County Commissioners finds that requiring at least four votes
of the County Commission on certain land use issues will provide that control and is in
the best interest of the citizens of Monroe County; and
WHEREAS, the Planning Commission is currently required to have three affirmative
votes for action on Land Development Code text amendments and changes to the Land
Use District (zoning) map and it is appropriate to add that requirement for the
Comprehensive Plan and FLUM amendments; and
WHEREAS, other clarifications regarding processing Land Development Code text and
Land Use District Map (Zoning) amendments, FLUM Amendments and Comprehensive
Plan Amendments are necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 102-19 shall be amended as follows (deletions are stFiekex-t1fei
and additions are underlined):
Sec.102-19. Board of county commissioners.
In addition to any authority granted the board of county commissioners by state law
or this Land Development Code, the board of county commissioners shall have the
following powers and duties:
(1) To transmit and adopt and amend amendments to the official Future Land Use
Map (FLUM) and official Land Use District (Zoning)
Man and eyAsfiag eendifiens ffmp after recommendation by the planning
commission;
(2) To initiate amendments to the text of this ehapt the Monroe County Code of
Ordinances, Land Development Code and the plan Comprehensive Plan;
Page 2 of 13
(3) To hear, review and adopt amendments to the text of theser-eoafiena the Monroe
County Code of Ordinances this Land Development Code and the
Comprehensive Plan after initiation by a county department or submittal by a
private applicants and recommendation by the planning commission;
(4) To act upon applications for variances from the elevation requirements of the
floodplain management regulations of the plapthe Monroe County Code of
Ordinances this Land Development Code and the Comprehensive Plan;
(5) To designate and appoint a hearing officer to make recommendations in regard to
determinations of vested rights or such other decisions as the board may deem
appropriate;
(6) To take such other action not delegated to the planning commission as the board
of county commissioners may deem desirable and necessary to implement the
provisions of these the Monroe County Code of Ordinances, this Land
Development and the plan Comprehensive Plan;
(7) To hear and act upon applications for een&tienal ase pefmits wiehmo also
agreements; plat approvals; floodplain management variances; appeals of the
planning director's decisions on impact fees; amendments t>7 tarlarA lase distFiet
ems; and any other item which the board, in its discretion, decides should be
heard; and to make adoptions of findings of fact and orders for beneficial uses and
vested rights; designations of archaeological, historical or cultural landmarks;
designations of areas of critical county concern or any modification of such
designations. The above -referenced hearings and adoptions shall take place at the
board's meeting site in Key West, Marathon or Key Largo, whichever is closest to
the subject property or at the board's meeting site that is next closest to the subject
property. In the event a proposed area of critical county concern will affect
various properties a portion of which are closest to one hearing site and a portion
of which are closest to another, then at least one hearing shall be held at each site
before any final board action may be taken; and
(8) in the ease of eenditional use peEmits that are also developments of r-egiefial
F.S.
shall eeifid t >, pubhe heafings and gFa„ter- deny -the
(9) (8) To establish, by resolution, a schedule of fees to be charged by the growth
management division (GMD) to persons filing land development permit
applications, land development approval applications, and land development order
applications however styled, and any land development order appeal however
styled. In establishing the fee amounts, the GMD director shall present evidence
to the board of the cost incurred by the GMD in staff time, and material expended,
that are usually required to review the particular item that is the subject of the
proposed fee. The overall general administrative and operational overhead of the
GMD may not be included in the fee amount. While mathematical exactitude is
not required, no fee adopted by the board pursuant to this subsection may be in
excess of the amount reasonably supported by the evidence submitted by the
GMD director regarding the staff time incurred, and material expended, usually
Page 3 of 13
required for the review of the particular item that is the subject of the proposed
fee. Any fee resolution considered by the board pursuant to this subsection must
be heard by the board at a time certain public hearing with public notice provided
in the same manner as the public notice required for the adoption of an ordinance
under F.S. § 125.66(2)(a). At the public hearing, members of the public must be
afforded an opportunity to comment on the proposed fees. The fees established
shall generally be nonrefundable; provided, however, the GMD director may
approve a refund of up to 50 percent of the fee upon good cause shown by the
applicant and the finding that the refund will not result in GMD staff time costs or
material costs already expended going unreimbursed.
Section 2. Section 102-20 shall be amended as follows (deletions are s#r-isifen dwough
and additions are underlined):
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:
(1) To serve as the local planning agency (LPA), required by F.S. § 163.3174;
(2) To prepare or cause to be prepared data and analysis for the
Comprehensive Plan a eempr-ehensive p! or gny element thereof, and to
submit to the board of county commissioners if so desired by the planning
commission, 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 Future Land Use Map
(FLUM) and the official land use dis#iet map Land Use District (Zoning)
Map;
(4) To hear, review and approve or disapprove applications for Minor- e major
conditional use permits or minor conditional use permits in accordance
with section 110-69(e);
(5) To initiate, hear, review and make recommendations to the board of
county commissioners on applications for amendment to the text of the
Comprehensive Plan and this-ehapte- Land Development Code;
(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
Page 4 of 13
(10) To adopt such rules of procedure necessary for the administration of its
responsibilities not inconsistent with this article to govern 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 Florida 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 Florida 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) All 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
Page 5 of 13
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) If 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
amendments to the
Comprehensive Planthe Future Land Use Map (FLUM) and/or official
Land Use District (Zoning) Map 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 teeter-e planning director 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.
Page 6 of 13
(g) 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- miner- -conditional use permit applications, final plat approvals, amendments to
the text of the Comprehensive Plan, amendments to the text of this ehapterer•-te
the Land Development Code, amendments to the Future Land Use Map and
amendments to the official land use dis#icA map Land Use District (Zoning) 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.
Section 3. Section 102-158 shall be amended as follows (deletions are skieken ON
and additions are underlined):
See.102-158. Amendments to . the Comprehensive Plan, Future
Land Use May (PLUM), Land Development Code and Land Use District
(Zoning) May.
(a) Purpose. The purpose of this mfie4e section is to provide a means for ehanging
, b 'r
amending the Comprehensive Planthe Future Land Use Map (FLUM), the Land
Development Code and the Land Use District (Zoning) Map. It is also intended
to add to the statutory procedures and requirements for changing the
Comprehensive Planthe Future Land Use Mai) (FLUM), the Land Development
Code and the official Land Use District (Zoning) Map. fap
(FLUAq at the tmasmitwal stage. It is not intended to relieve particular hardships,
nor to confer special privileges or rights on any person, nor to permit an adverse
change in community character, analyzed the plan in the technical
document of the Comprehensive Plan, but only to make necessary adjustments in
light of changed conditions or incorrect assumptions or determinations as
determined by the findings of the board of county commissioners. In determining
whether to grant a requested amendment, the board of county commissioners shall
consider, in addition to the factors set forth in this sffisle Land Development
Code, any statutoryequirements and the consistency of the proposed amendment
with the provisions and intent of the plan ComQrehensive Plan.
(b) Authority. The board of county commissioners may amend the
Comprehensive Planthe Future Land Use Map (FLUM), the Land Development
Code and the official Land Use District (Zoning) Map upon the compliance with
the provisions of this mtiele section. Amendments may be proposed by the board
Page 7 of 13
of county commissioners, the planning commission, the dir-ester-ef planning
director, or the owner or other person having a contractual interest in property to
be affected by a proposed amendment stage
related to the text of the Comprehensive Plan, the Future Land Use Man
(,PLUM) a Comprehensive Plan sub -area or overlay zone, the Land Development
Code the Land Use District (Zoning) Map, or a Land Development Code sub-
area or overlay zone. The &ester a planning director shall have the
responsibility to establish the format as approved by the board of county
commissioners by which applications can be submitted and shall have the
authority to screen those amendments, processing only those which are presented
on a complete application. Those deemed insufficient shall be returned within 30
days to the applicant for correction and re -submittal. FLUM ehanges shall b
pfeeessed pr-ier- to any appheafien being made te amend the landiase distr-iet map.
(c) Timing. Applications for map and text amendments tethis -shaptef shall be
accepted at any time. The planning director may establish a schedule for
processing Comprehensive Plan and Future Land Use Man (FLUM) amendments
which must be met by the applicant. The planning director shall review and
process the map and text amendment applications as they are received and pass
them on to the development review committee and the planning commission for
recommendation and final approval by the board of county commissioners.
(d) Procedures.
(1) Proposals by board of county commissioners, planning commission or
dime;e-4planning director. Proposals for amendments by the board of
county commissioners, the planning commission or the dir-eetere€
planning director shall be transmitted to the planning department and the
development review committee for review and comment. Staff shall make
a recommendation to the planning commission.
(2) Proposals by affected landowners. Any landowner or other person having
a contractual interest in property desiring to petition the board of county
commissioners for an amendment to the Comprehensive Plan, the Future
Land Use Map (PLUM), the Land Development Code, or the Land Use
District (Zoning) May as described above
.1anduse dis4ir.4 map or- FLUM
shall be required to file an application with the dir-ester e planning
director accompanied by a nonrefundable application fee as established
from time to time by the board of county commissioners to defray the
actual cost of processing the application. The dimeteref planning director
shall transmit the proposed amendment to the planning department and the
development review committee for review and comment. Staff shall make
a recommendation to the planning commission.
(3) Public hearing(s). The planning commission and the board of county
commissioners shall each hold at least one public hearing on a proposed
amendment to the text of this ehaptee Land Development Code, ewe -tie
land use dis4iet map the Land Use District (Zoning) Map, of the
Comprehensive Plan, or the Future Land Use Map (FLUM) FLUM at the
Page 8 of 13
transmittal stage and shall follow state law regarding the number of
hearings.
a. Advertised and mailed notice. Advertised notice of the public
hearings for a proposed amendment to the text of the lend
develepmaut sede Land Development Code, the land use
Hiap Land Use District (Zoning) Map, and the transmittal of the
Fly a Future Land Use Map (FLUM) change, and the adoption
of a Comprehensive Plan text amendment shall be provided as
required by section 110-5 of this Land Development Code. In
addition, notice of changes to the
Land Use District (Zoning) Map, including sub -area and overlay
districts the Comprehensive Planincluding sub -area policies, and
the Future Land Use Map (FLUM), including mapped sub -areas,
shall be mailed to owners of affected property and to owners of
rP opertY within 300 feet of the affected property at least 15 days
prior to the required hearing before the planning commission and
at least 30 days before the required hear -in g hearing(s) before the
board of county commissioners for the land use stf� map
amendment and the FLUM tmnsmitW amendments to the
Land Use District (Zoning) Map including sub -area and overlay
districts a Future Land Use Malp (FLUM) transmittal hearing,
including those for sub -area policies or mapped sub -areas, and any
Future Land Use Map (FLUM)adoption hearing, including those
for sub -area policies or mapped sub -areas.
b. Posting of notice. Posting of notice shall be made in accordance
with the requirements of section 110-5.
c. Other notice. Notice of all public hearings shall be posted on the
Monroe County Website as soon as is practical. Failure to post
notice on the Monroe County Website shall not constitute grounds
for the cancellation of any public hearing nor shall it constitute
grounds for the cancellation of any action taken by a board at such
a meeting.
(4) Action by planning commission. The planning commission shall review
the application, the reports and recommendations of the department of
planning, the comments of the development review committee, and the
testimony given at the public hearing, and shall submit its
recommendations and findings to the board of county commissioners.
(5) Action by board of county commissioners following public hearing(s).
a. The board of county commissioners shall consider the reports
and recommendation of the planning commission, planning staff,
and the testimony given at the public hearings.
b. The board of county commissioners may consider the adoption
of an ordinance enacting the proposed change based on one or
more of the following factors:
Page 9 of 13
1. Changed projections (e.g., regarding public service
needs) from those on which the text or boundary was
based;
2. Changed assumptions (e.g., regarding demographic
trends);
3. Data errors, including errors in mapping, vegetative
types and natural features described in volume 1 of the
plan;
4. New issues;
5. Recognition of a need for additional detail or
comprehensiveness; or
6. Data updates;
7. s, The principles for guiding
development as defined in the Florida Statutes Sec.
380.0552 Mating to sh es to the , mpr- :.ensive 1
8. Any other statutory requirements.
c. In no event shall an amendment be approved which will result
in an adverse community change to the planning area in which the
proposed development is located or to any area in accordance with
a the adopted portions of a Livable CommuniKeys Master Plan
pursuant to findings of the board of county commissioners.
(6) n,.ete t « ea .,...
st-Trwritten pretest BAFifi
t1. lmdiase d' tf + PLUM amendment + the t :tt.,l
a=ocrriap onr-ariroixarrioar-ccc-Q�v crcar�
stage in" be fiIed before the BOGG hearing by the 9-4%er-9 of ne
less 61an 20 per -eel# ef the area of the land te be affeeted. Protests
FLUM amendment y be me e.. dy at e �1.v
tFafiSff4tW hearing. In the event of a "tten pretest against sugh
where
the
D d' f d 1 and Ye«.etaa a shall pemiitted.
b A wr-ft «l; „tie«fer-_ an amendment
e„dent to
theland used...v..........»t.... » PLUM ------------- at the --`-_____--
stage may be filed by ten per-eent of the evmer-s of laad wifilin 300
amendment may be made only at the #aaswA#e4 heap:ng- In th
map .».
designation,or- a landuse map
the ameadmmA "I not beeeffle
bear-d equaIn e.,l e„l ati«,, whether- er- a„f ei
a
Page 10 of 13
Page 11 of 13
changes in state requirements pursuant to F.S. 163.3191 based
upon the evaluation and appraisal of the Comprehensive Plan), a
sub -area policy or overlay district in the Comprehensive Plan, a
Future Land Use Map (FLUM) amendment, including those for
sub -area policies or mapped sub-areasor a proposed amendment
as modified by affirmative vote of not less than four (4) members
of its total membership.
b The board of county commissioners may adopt a Land
Development Code text amendment that affects any permitted use,
height requirement land use intensity or residential density within
a particular land use district a Land Use District (Zoning) map
amendment including sub -area and overlay districts, or the
proposed amendment as modified, by not less than four (4)
members of its total membership.
c The board of county commissioners may adopt a proposed
Comprehensive Plan Capital Improvement Element or amendment
or Capital Improvement Plan or amendment by not less than three
(3) members of the board. The board of county commissioners
may adopt a Land Development Code text amendment, except
those that affect M Dermitted use height requirement, land use
intensity or residential density by not less than three (3) members
of its total membership.
d Notwithstanding the foregoing, all amendments to the
Comprehensive Plan or Future Land Use Map (FLUM) and
resulting Land Development Code amendments or Land Use
District (Zoning) Map amendments made or proposed in order to
be consistent with the changes in state requirements pursuant to
F S 163 3191 based upon the evaluation and appraisal of the
Comprehensive Plan may be passed by three (3) members of its
total membership.
(e) Typographical or drafting errors. Amendments to the text to correct
typographical or drafting errors may be adopted by the board of county
commissioners without posted notice or public hearing at any regular
meeting. As long as the county is within an area of critical state concern,
notice of such amendments shall be transmitted to the Florida State Land
Planning AgencyDepwtfaent of GemmupAty A within 30 days.
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Page 12 of 13
Section 5. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 6. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida State Land Planning Agency as required by F.S. 380.05 (11)
and F.S. 380.0552(9).
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Florida State Land Planning Agency
or Administration Commission approving the ordinance.
Section 8. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
LIM
Deputy Clerk
LIZ
Page 13 of 13
Mayor Heather Carruthers
MOA P °ED TO FORM
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