Ordinance 005-2016c
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO.005 - 2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO BE CONSISTENT WITH THE RESULTS
OF THE TECHNICAL DOCUMENT UPDATE (DATA AND ANALYSIS),
THE ADOPTED 2012 EVALUATION AND APPRAISAL REPORT AND
THE 2014 EVALUATION AND APPRAISAL NOTIFICATION LETTER
AND ADOPTING THE MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN, ATTACHED AS EXHIBIT 1; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted the Monroe
County Comprehensive Plan on April 15, 1993; as amended pursuant to DCA Rule 9J- 14.022,
Florida Administrative Code on January 4, 1996, and adopted by Florida Administrative Code
Rule 28- 20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and
WHEREAS, the Florida Legislature intends that local planning be a continuous process,
and the Florida Statutes encourage local governments to comprehensively evaluate and, as
necessary, update comprehensive plans to reflect changes in local conditions; and
WHEREAS, the Monroe County Board of County Commissioners adopted an
Evaluation and Appraisal Report (EAR), pursuant to Section 163.3191, Florida Statutes, for the
Monroe County Year 2010 Comprehensive Plan on August 18, 2004, and subsequently adopted
Comprehensive Plan amendments in accordance with the 2004 EAR; and
WHEREAS, Monroe County commenced a new EAR process in 2010 with active public
participation provided; and
WHEREAS, the Monroe County Planning Commission, acting as the designated Local
Planning Agency, reviewed the 2012 EAR, held advertised special public meetings on November
Page 1 of 5
V
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
2, 2011, and February 6, 2012, and provided for participation by the public in the process, and
rendered its recommendations to the Board of County Commissioners; and;
WHEREAS, the Board of County Commissioners reviewed the EAR, held an advertised
public meeting on November 16, 2011, and an advertised special public meeting on March 19,
2012, provided for comments and public participation in the process in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process; and
WHEREAS, the Board of County Commissioners held a special public meeting on May
22, 2012, and adopted Resolution No. 150 -2012 adopting the 2012 Evaluation and Appraisal
Report (EAR) for the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
Agency (LPA), held advertised special public meetings on September 23, 2013, October 1, 2013
and October 10, 2013 to review the proposed EAR - related comprehensive plan amendments, and
provided for comments and public participation in accordance with the requirements of state law
and the procedures adopted for public participation in the planning process; and
WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
Agency (LPA), held an advertised special public hearing on November 15, 2013, provided for
comments and public participation in accordance with the requirements of state law and the
procedures adopted for public participation in the planning process, and recommended proposed
EAR - related comprehensive plan amendments to the BOCC; and
WHEREAS, the Board of County Commissioners held advertised special public
hearings on March 21, 2014, April 23, 2014, and May 22, 2014, to review proposed EAR - related
comprehensive plan amendments and provided for comments and public participation in
accordance with the requirements of state law and the procedures adopted for public
participation in the planning process; and
WHEREAS, in 2011, Section 163.3191(1), Florida Statutes, was amended; it directed
local governments to evaluate their comprehensive plans at least once every seven years to
determine if plan amendments are necessary to reflect changes in state requirements since the
last update of the comprehensive plan, and to submit an Evaluation and Appraisal (EA)
Notification Letter to the State Land Planning Agency; and
WHEREAS, the State Land Planning Agency revised the Monroe County EA deadline
to May 1, 2014, in Rule 73C -49, F.A.C.; and
WHEREAS, the Board of County Commissioners held a public hearing on April 23,
2014, and approved the EA Notification Letter to the State Land Planning Agency which
specified the necessary plan amendments required to reflect changes in requirements in State
Statutes; and
Page 2 of 5
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
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
WHEREAS, the Board of County Commissioners held an advertised special public
hearing on July 23, 2014, provided for public comment and public participation in accordance
with the requirements of state law and the procedures adopted for public participation in the
planning process, to transmit EAR - related and EA- related comprehensive plan amendments to
the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c),
Florida Statutes for review and comment; and
WHEREAS, the Board of County Commissioners continued the public hearing to
consider transmittal to October 7, 2014; and
WHEREAS, the Board of County Commissioners held an advertised special public
hearing on October 7, 2014, provided for public comment and public participation in accordance
with the requirements of state law and the procedures adopted for public participation in the
planning process, to transmit EAR - related and EA- related comprehensive plan amendments to
the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c),
Florida Statutes for review and comment; and
WHEREAS, the Board of County Commissioners continued the public hearing to
consider transmittal to December 10, 2014, to further discuss height policies for addressing the
replacement of existing buildings which exceed the 35ft height limit, non - habitable architectural
decorative features, flood protection purposes and affordable housing as well as review of an
inventory of privately -owned offshore islands in unincorporated Monroe County; and
WHEREAS, the Board of County Commissioners held an advertised public hearing on
December 10, 2014, provided for public comment and public participation in accordance with
the requirements of state law and the procedures adopted for public participation in the planning
process, to transmit EAR - related and EA- related comprehensive plan amendments to the State
Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), Florida
Statutes for review and comment; and
WHEREAS, the Board of County Commissioners directed staff to maintain the existing
adopted height and offshore island policies and to process separate amendments to address these
topics; and
WHEREAS, the Board of County Commissioners continued the public hearing to
consider transmittal to January 14, 2015; and
WHEREAS, the Board of County Commissioners held an advertised special public
hearing on January 14, 2015, provided for public comment and public participation in
accordance with the requirements of state law and the procedures adopted for public
participation in the planning process, to transmit EAR - related and EA- related comprehensive
plan amendments to the State Land Planning Agency and Reviewing Agencies as defined in
Section 163.3184(1)(c), Florida Statutes for review and comment; and
Page 3 of 5
0
I WHEREAS, the Board of County Commissioners adopted a resolution transmitting the
2 proposed amendments to the to the State Land Planning Agency and Reviewing Agencies as
3 defined in Section 163.3184(1)(c), Florida Statutes for review and comment; and
4
5 WHEREAS, on April 28, 2015, the State Land Planning Agency issued its Objections,
6 Recommendations, and Comments (ORC) report. The ORC report identified seven (7) objections
7 and four (4) comments on the proposed comprehensive plan amendments; and
8
9 WHEREAS, the County must address the seven (7) identified objections and determine
10 whether to adopt the amendments, adopt the amendments with changes or not adopt the
11 amendments; and
12
13 WHEREAS, the County is not required to make modifications relative to the four (4)
14 comments; and
15
16 WHEREAS, in response to the ORC Report, Monroe County has made changes to the
17 proposed amendments to address five (5) objections identified by the State Land Planning Agency
18 and provided additional detail and a response to the other ORC objections; and
19
20 WHEREAS, the Board of County Commissioners held two (2) advertised special public
21 hearings on March 1, 2016, and April 13, 2016, to consider adoption of the proposed EAR -
22 related and EA- related comprehensive plan amendments, and provided for comments and public
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
28
29 Section 1. The Monroe County 2010 Comprehensive Plan is amended as shown in
30 Exhibit 1, attached hereto. (Deletions are str-ieken thfough and additions are underlined
31
32 Section 2. The Monroe County 2030 Comprehensive Plan is hereby created and adopted
33 with the amendments identified within Exhibit 1, which is attached hereto and incorporated
34 herein.
35
36 Section 3. Severabilit_y. If any section, subsection, sentence, clause, item, change, or
37 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
38 by such validity.
39
40 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
41 conflict with this ordinance are hereby repealed to the extent of said conflict.
42
43 Section 5. Transmittal. This ordinance shall be transmitted by the Planning Department
44 to the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
45
46 Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
47 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
Page 4 of 5
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by th Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the B day of Ri / , 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Yes
Commissioner Danny Kolhage veG
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE C ,
BY
Mayor IfeatheVarruthers
(SEAL)
HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
04 PPROVED AST FORM:
7. _
STE'dEIY "t. WiLUAMS
ASSISTANT COPNN]7 ATTORNEY
Date g /
Page 5 of 5
L_
1n
LL.
J ?=
lD
J O
3-
Y_ L.
Uj
-�
c,
MONROE COUNTY ATTORNEY
04 PPROVED AST FORM:
7. _
STE'dEIY "t. WiLUAMS
ASSISTANT COPNN]7 ATTORNEY
Date g /
Page 5 of 5
AMY REAVILIN, CPA
CLERK Of CIRCUIT COURT 8 COMPTROLLER
MONROE COUNTY, FLORIDA
May 3, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 005 -2016 The second of two Public Hearings to
consider adopting an ordinance of the Monroe County Board of County Commissioners amending the Monroe
County Year 2010 Comprehensive Plan to be consistent with the results of the Technical Document Update
(Data and Analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal
Notification Letter and adopting the Monroe County Year 2030 Comprehensive Plan, Attached as Exhibit 1;
providing for severability, providing for the repeal of conflicting provisions, providing for transmittal to the State
Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Comprehensive
Plan, Providing for an effective date. (Legislative Proceeding).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special
Meeting, held in formal session, on April 13, 2016. Please file for the record. Should you have any questions
please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
l 6obets 01
Amy Hea in, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
By: Cheryl Robertson, D.C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
RICK SCOTT
Governor
May 6, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005 -2016, which was filed in this office on May 6, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us