Resolution 026-20151
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 026 -20
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE STATE LAND
PLANNING AGENCY 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.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Land Planning Agency and
Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for review and
comment of the proposed amendments to the Monroe County Year 2010 Comprehensive Plan
which is identified as the Monroe County Year 2030 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendments;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the Monroe County Year 2030 Comprehensive Plan.
Section 2. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 14th day of .T an _ , 2015.
[eavilin, Clerk
Deputy Clerk
Mayor Danny L. Kolhage
Yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY '
Mayo'r`6anfrA. Kolhage
MONROE COUNTY ATTORNEY
APP VED AS TO RM:
_ 7,
STEVEN T. WILLIAM
ASSISTANT COUNTY ATTORNEY
Date / — - 1 - -/ S
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Exhibit A
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T�
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2015
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
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Exhibit A
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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
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Exhibit A
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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 ; and
WHEREAS, on , the State Land Planning Agency issued its Objections,
Recommendations, and Comments (ORC) report. The ORC report
states ; and
WHEREAS, as a response to the ORC Report, Monroe County
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Exhibit A
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Monroe County 2010 Comprehensive Plan is amended as shown in
Exhibit 1, attached hereto. (Deletions are str-islea tiffeugh and additions are underlined
Section 2. The Monroe County 2030 Comprehensive Plan is hereby created and adopted
with the amendments identified within Exhibit 1, which is attached hereto and incorporated
herein.
Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
by such validity.
Section 4. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 5. Transmittal. This ordinance shall be transmitted by the Planning Department
to the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
Section 6. FilinS and Effective Date. This ordinance shall be filed in the Office of the
Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
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 the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2015.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
APR V ED AS I g FORM:
S'T EVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date �— S —/5
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