Item T6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17. 2003 Division: Growth Management
Bulk Item: Yes No X Department: Planning Department
-
AGENDA ITEM WORDING:
A public hearing to consider an amendment to Section 9.5-4 (DefInitions) of the Land Development Regulations by adding
defInitions for Coastal Barrier Resources Systems and Conservation Land Protection Areas.
(One required Public Hearing)
ITEM BACKGROUND:
The terms "Coastal Barrier Resources System" and "Conservation Land Protection Area" are terms that are used in the
point allocation system for both ROGO and NROGO projects as directed by Monroe County Year 2010 Comprehensive
Plan Policy 101.5.4 (ROGO) and 101.5.5 (NROGO). While they have been used, they have never been included in the
DefInition Section 9.5-4 of the Monroe County Code. The addition of these definitions to the Monroe County Code has
been directed by both the Planning Commission and the BOCC.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRAC~AGREEMENTCHANGES: NM
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No -
COST TO COUNTY: N/A SOURCE OF FUNDS: NM
REVENUE PRODUCING: Yes N/ A No - AMOUNT PER MONTH N/ A Year -
APPROVED BY: County Atty--X- Risk Management _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X t Required_
DISPOSITION: AGENDAITEM#~
1~~
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Marathon
December 17, 2003
PROPOSED AMENDMENTS TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
A request filed by the Monroe County Department of Planning
concerning Amendments to Section 9.5-4 (Definitions), adding a
definition for Coastal Barrier Resources Systems; adding a definition
for Conservation Land Protection Area.
LDR Recommendations
Staff Approval October 1, 2003 Staff Report
DRC Approval October 2, 2003 Resolution #D31-03
PC Approval November 5, 2003 Resolution #P72-03
BOCC ORDINANCE
ORDINANCE NO. -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PlANNING DEPARTMENT TO AMEND THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 9.5-4 (OERNfTIONS); PROVIDING FOR REPI:AL OF ALL
OROtNANCES INCONSISTENT HEREWITH: PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the terms "Co.stIII s.",. Resoul'CfJS System'" and
"Con&efVatJon LJlnd Plvtection Atea" are tenns that are used in the point allocation
system for both RooO and NROGO projects as directed by Monroe County Year 2010
Comprehensive Plan Policy 101.5.4 (ROGO) and 101.5.5 (NROGO); and
WHEREAS. while they have been used, they have never been induded in the
Definition Section 9.5-4 of the Monroe County Code; and
WHEREAS, the addition of these definitions to the Monroe County Code has
been directed by the Planning Commission; and
WHEREAS, at the October 2, 2003 public meeting of the Development Review
Committee, the Committee voted to recommend APPROVAL of the amendment; 'and
WHEREAS, at a public hearings of October 22,2003 and November 5,2003. me
Planning Commission voted to APPROVE the amendment; and
WHEREAS, at the regularly scheduled public heanng of December 17. 2003, the
Board of County commissioners reviewed the amendment and was presented with:
. Staff Report prepared by Fred Gross. Director of Lower Keys Planning Team.
. Sworn testimony of staff.
. Swom testimony of BOCC counsel
. Comments from the public; and
WHEREAS, the Board of County Commissioners finds that there is a need to
include these terms and definitions to the Monroe County Code; and
WHEREAS. the Board of County Commissioners finds that the proposed change
is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (v) Recognition of a need
for additional detail or comprehensiveness; and
WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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I Undertined text is added. J
Section 1. See. 9.~ Definitions
lC-7) Coastal Barner Resources SYStem (CBRS) means those fifteen lCeRS} units in
Monroe County designated yoder the Federal Coastal Barrier Resources Ad (CBRA) of
1982. comDrised of undeveloDed coastal barriers and all aSSOCiateO &auatic habitats
induding wetlands. marshes. estuaries. Inlets and near shore waters.
[Re-number (C-7) to (C-21))
lC-21) Conservation Land Protection Ales means areas that have been Identified by
the County in manaa.ement Dlans for resource orotec:tion that are inside or adiacent to
existina state and federal D8Ik and conservation land boundaries.
[Re-number (C-21) to (C.28))
Section%. If any section, subsection, sentence. clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380. Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163. Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County.
Florida at a regular meeting held on the day of , A.D., 2003.
Mayor Murray Nelson
Mayor Pro Tem David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Cieri< OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS T F M:
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BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: November 18, 2003
RE: REVISIONS TO SECTION 9.5-4 (Definitions)
I. BACKGROUND
The terms "Coastal Barrier Resources System" and "Conservation Land
Protection Area" are terms that are used in the point allocation system for both
ROGO and NROGO projects as directed by Monroe County Year 2010
Comprehensive Plan Policy 101.5.4 (ROGO) and 101.5.5 (NROGO). While they
have been used, they have never been included in the Definition Section 9.5-4 of
the Monroe County Code. The addition of these definitions to the Monroe
County Code has been directed by both the Planning Commission and the
BOCC.
This proposed amendment would add those two frequently used terms to the
Monroe County Code.
The proposed amendment was reviewed and approved at a public meeting of the
Development Review Committee on October 2, 2003. The amendment was
heard and approved after two public hearings of the Planning Commission on
October 22, 2003 and on November 5, 2003.
II. ANALYSIS & FINDINGS OF FACT
1. The Staff and Planning Commission find that there is a need to include these
terms and definitions to the Monroe County Code.
2. The Staff and Planning Commission find that the proposed change is
consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a
need for additional detail or comprehensiveness.
3. The Staff and Planning Commission find that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan.
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III. PROPOSED TEXT
I Underlined text is added. I
Sec. 9.5-4 Definitions
(C-7) Coastal Barrier Resources System (CBRS) means those fifteen (CBRS)
units in Monroe County desiqnated under the Federal Coastal Barrier Resources
Act (CBRA) of 1982. comprised of undeveloped coastal barriers and all
associated aquatic habitats includino wetlands. marshes. estuaries. inlets and
near shore waters.
[Re-number (C-7) to (C-21)]
(C-21) ConseNation Land Protection Area means areas that have been
identified by the County in manaoement plans for resource protection that are
inside or adiacent to existino state and federal park and conservation land
boundaries.
[Re-number (C-21) to (C-28)]
IV. RECOMMENDATIONS
Based on the Findings of Fact above, Staff and Planning Commission
recommend APPROVAL of the proposed amendment to Section 9.5-4 of the
Monroe County Code.
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PLANNING COMMISSION RESOLUTION
PLANNING COMMISSION RESOLUTION #P72-Q3
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND SECTION 9.5-4 OF THE MONROE
COUNTY CODE, IN ORDER TO ADD DEFINITIONS FOR
"COASTAL BARRIER RESOURCES SYSTEMS" AND
"CONSERVATION LAND PROTECTION AREA".
WHEREAS, The terms "Coastal Barrier Resources System" and
"Conservation Land Protection Area" are terms that are used in the Point
Allocation System for both ROGO and NROGO projects; and
WHEREAS, they have never been included in the Definition Section 9.5-4
of the Monroe County Code; and
WHEREAS, the omission of these definitions has been a concern of both
the Planning Commission and the Board of County Commissioners; and
WHEREAS, this proposed amendment would add those two frequently
used definitions to the Monroe County Code; and
WHEREAS, this proposed amendment was reviewed at the Development
Review Committee public meeting of October 2, 2003; and
WHEREAS, this proposed amendment was reviewed at planning
commission public hearings on October 22, 2003, and November 5, 2003; and
WHEREAS, the planning commission reviewed:
1. Staff report prepared on October 7, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County; and
WHEREAS, the Planning Commission finds that there is a need to include
these terms and definitions to the Monroe County Code; and
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WHEREAS, the Planning Commission finds that the proposed change is
consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Planning Commission finds that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan;
and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendments to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
PROPOSED TEXT:
I Underlined text is added. I
Sec. 9.5-4 Definitions
(C-7) Coastal Barrier Resources System rCBRS) means those fifteen (CBRS)
units in Monroe County desianated under the Federal Coastal Barrier Resources
Act (CBRA) of 1982. comprised of undeveloped coastal barriers and all
associated aauatic habitats includina wetlands. marshes. estuaries. inlets and
near shore waters.
[Re-number (C-7) to (C-21)]
(C-21) Conservation Land Protection Area means areas that have been
identified by the County in manaaement plans for resource protection that are
inside or adiacent to existina state and federal park and conservation land
boundaries.
[Re-number (C-21) to (C-28)]
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PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 5th day of November, 2003.
Jerry Coleman, Chair YES
Denise Werling, Vice Chair YES
David C. Ritz, Commissioner YES
Jiulio Margalli, Commissioner YES
Lynn C. Mapes, Commissioner YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this day of ,2003.
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DEVELOPMENT REVIEW COMMITTEE RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #031-03
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE REQUEST
FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND SECTION 9.5-4 OF THE MONROE COUNTY CODE,
(PARKING AND LOADING STANDARDS) IN ORDER TO ADD
DEFINITIONS FOR "COASTAL BARRIER RESOURCES
SYSTEMS" AND "CONSERVATION LAND PROTECTION AREA".
WHEREAS, The terms "Coastal Barrier Resources System" and
"Conservation Land Protection Area" are terms that are used in the Point
Allocation System for both ROGO and NROGO projects; and
WHEREAS, they have never been included in the Definition Section 9.5-4
of the Monroe County Code; and
WHEREAS, the omission of these definitions has been a concern of both
the Planning Commission and the SOCC; and
WHEREAS, this proposed amendment would add those two frequently
used terms to the Monroe County Code; and
WHEREAS, staff finds that there is a need to include these terms and
definitions to the Monroe County Code; and
WHEREAS, staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this proposed amendment was reviewed at the Development
Review Committee public meeting of October 2, 2003.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
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PROPOSED TEXT:
Sec. 9.5-4 Definitions
(C-7) Coastal Barrier Resources System (CBRS) means those fifteen (CBRS)
units in Monroe County desianated under the Federal Coastal Barrier Resources
Act (CBRA) of 1982. comprised of undeveloped coastal barriers and all
associated aauatic habitats includina wetlands. marshes. estuaries. inlets and
near shore waters.
[Re-number (C-7) to (C-21)]
(C-21) Conservation Land Protection Area means areas that have been
identified bv the County in manaaement plans for resource protection that are
inside or adiacent to existina state and federal park and conservation land
boundaries.
[Re-number (C-21) to (C-28)]
I Underlined text is added. I
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 2nd day of October, 2003.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
.
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this 2nd day of October, 2003
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