HomeMy WebLinkAboutItem S4
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Meeting Date: February 17.2010
Division: Growth Management
Bulk Item: Yes
No ..x.
Department: Planning & Environmental Resources
Staff Contact PersonlPhone #: Joseph Haberman. Principal Planner. ext. 2532
AGENDA ITEM WORDING: A public hearing to consider the adoption of an ordinance by the Monroe
County Board of County Commissioners amending Monroe County Code Sections 102-55, 110-4, 110-7,
110-37, 110-69, 110-70, 110-71, 110-73, 110-98 andll0-99 to eliminate reference to employee positions no
longer in the Growth Management Division; provide for the director of planning to perform those functions
within the Division; and provide consistency in the title for the director of planning.
ITEM BACKGROUND: The current text within the Land Development Code describing the job
requirements and functioning of the Planning & Environmental Resources Department is outdated. The
position of development review coordinator has been eliminated in the Planning & Environmental
Resources Department. All responsibilities of the position have been asswued by the Director of Planning
and the Principal Current Planner. In addition, there is a need for consistency in terminology in the Monroe
County Code; however, the terms "director of planning" and "planning director" are used interchangeably
throughout. The Planning Commission at its November 17, 2009 meeting recommended approval of the
ordinance by Resolution No. P53-09 with a unanimous vote.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACVAGREEMENTCHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a
INDIRECT COST: n/a
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: n/a
SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes
No ..x.
AMOUNT PER MONTH: n/a YEAR: n/a
APPROVED BY: County Atty ..x.
OMB/Purchasing
Risk Management _
DOCUMENTATION: Included..x.
Not Required
DISPOSITION:
AGENDA ITEM #
To:
Through:
From:
Date:
Subject:
Meeting:
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional andfair
Monroe County Board of County Commissioners
Christine Hurley, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
Susan Grimsley, Assistant County Attorney
Joseph Haberman, AICP, Principal Planner
December 1, 2009
Proposed Ordinance to the Board of County Commissioners to amend the
Monroe County Code Sections 102-55, Registration; 110-4, Determination of
completeness and compliance, except for single-family dwellings; 110-7, Actions
by decision-making persons and bodies; 110-37, Development permitted as of
right; 110-69, Minor conditional uses; 110-70, Major conditional uses; 110-71,
Final development plan subsequent to approval of conditional use permit; 110-
73, Development under an approved conditional use permit; 110-98, Preliminary
plat approval; & 110-99, Final plat approval
February 17,2010
I
2 I REOUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of ~102-55, ~110-4, ~110-7, ~110-37, ~110-69, ~110-70, ~110-71, ~110-73, ~110-98 and
6 ~ 110-99 of the Monroe County Code. The purpose of the proposed amendments is to
7 eliminate references to the obsolete position of development review coordinator and reassign
8 those responsibilities and duties of the development review coordinator to the planning
9 director.
10
11 II RELEVANT PRIOR COUNTY ACTIONS:
12
13 At the October 7, 2009 public hearing, members of the planning commission recommended
14 that staff review the entire land development code and remove all references to the now
15 obsolete position of "development review coordinator'. This recommendation followed
16 staff's request to amend ~102-21. Among other proposed amendments to ~102-21, staff
17 recommended that ~ 1 02-21 (c) be deleted due to the fact that the position of development
18 review coordinator has been eliminated in the Planning & Environmental Resources
19 Department.
20
21 III REVIEW
22
Page 1 of 15
1 The current text within the Land Development Code describing the job requirements and
2 functioning of the Planning & Environmental Resources Department is outdated.
3
4 Concerning the development review coordinator position, the position of development review
5 coordinator has been eliminated in the Planning & Environmental Resources Department. All
6 responsibilities of the position have been assumed by the Director of Planning and the Principal
7 Current Planner. In addition, there is a need for consistency in terminology in the Monroe
8 County Code; however, the terms "director of planning" and "planning director" are used
9 interchangeably throughout. Therefore, staff is recommending that the following sections of
10 code be amended only to replace "development review coordinator" with "planning director".
11
12 NOTE: The reference to the development review coordinator in ~110-73(a) is already being
13 addressed and corrected in another text amendment application in progress, which has already
14 been approved.
15
16 (deletions are striekeB through and additions are underlined):
17
18 Sec. 102-55. Registration.
19
20 All claims of nonconforming uses and structures shall be registered with the de-velopmeRt
21 I'e"Aew eoordinator tJlanning director in a form provided by the direetor of planning director
22 within one year of the service of individual notice by mail to all landowners of record of
23 the adoption of the plan and the requirement to register nonconforming uses and structures.
24 Individual notice by mail shall be deemed served upon the deposit of dilly stamped notice
25 in the U.S. mails addressed to the owner of record according to the most recent listing of
26 the property appraiser of the county. Failure to register a claim of nonconforming use or
27 structure within one year after adequate legal notification by the dire0tor of planning
28 director shall constitute a waiver of the right to claim nonconforming use status. Evaluation
29 of nonconformity claims shall be on a case-by-case basis by the dHe0tor of planning
30 director based on the lawful nature of the use or structure when established, subject to
31 appeal as provided in article VI of this chapter. The board of county commissioners, at its
32 discretion, may direct the dHe0tor of planning director to issue notification by category.
33
34 Sec. 110-4. Determination of completeness and compliance, except for single-family
35 dwellings.
36
37 Within 15 working days after an application for development approval has been received,
38 the de',elopment l'e'lie\v eoord:iB:ator planning director shall determine whether the
39 application is complete. If the w/elopment revie>.v eooFdInator planning director
40 determines that the application is not complete, he shall serve a written notice on the
41 applicant specifying the application's deficiencies. The development re~;ie\v eoordifl:ator
42 planning director shall take no further action on the application unless the deficiencies are
43 remedied. If the de>lelopment I'e'A~:.T eooramator planning director fails to make a
44 determination of completeness within 15 working days, the application is deemed
45 complete. Once the application is deemed complete, the de"/elopment re>Aev.. eeoFdinator
46 planning director shall cause the application to be evaluated within ten working days for
Page 2 of 15
1 compliance with the county's land use regulations. If the de~felopment re~A6\.~1 eool'diftator
2 planning director determines that the application is not in compliance, he shall serve a
3 written notice explaining why this is so; and the application shall be denied. If the
4 application is determined to be in compliance with these land use regulations, the
5 d6\.'elopmefl.t ro'Ae:v; eool'diftator planning director shall notify the applicant and the
6 secretary of the planning commission so that a public hearing may be scheduled no
7 earlier than 30 days following a determination of compliance and a notice given, if
8 required, and shall convene the development review committee. A determination of
9 completeness shall not constitute a determination of compliance with the substantive
10 requirements of this chapter.
11
12 Sec. 110-7. Actions by decision-making persons and bodies.
13
14 (a) Generally. All decision-making persons and bodies shall act in accord with time
15 limits established in this chapter except as provided in section 101-2(b). Action shall be
16 taken as promptly as possible in consideration of the interests of the citizens of the
17 county.
18 (b) Findings. All decisions shall be in writing and adopted by resolution and shall
19 include at least the following elements:
20 (1) A summary of the information presented before the decision-making body;
21 (2) A summary of all documentary evidence provided to the decision-making
22 body or which the decision-making body considered in making its decision; and
23 (3) A clear statement of specific findings of fact and a statement of the basis
24 upon which such facts were determined, with specific reference to the relevant
25 standards set forth in this chapter, including, but not limited to, the standards in
26 section 110-67.
27 (c) Notification. Notification of a decision-making body's decision, by copy of the
28 resolution, shall be mailed by the deYlolopment review eOOl'dinator planning director to the
29 applicant by certified mail.
30
31 Sec. 110-37. Development permitted as of right.
32
33 (a) Purpose. Uses permitted as of right are those uses that are compatible with other land
34 uses in a land use district, provided they are developed in conformity with this chapter.
35 (b) Application. An applicant for development approval for a use permitted as of right
36 shall submit an application for a building permit, together with a certificate of compliance,
37 if required, obtained pursuant to section 110-142 and a description of the proposed
38 development, to the building official.
39 (c) Action on the application. If the direetor of planning director determines that the
40 proposed development is in compliance with all requirements of this Code and the Monroe
41 County Comprehensive Plan, and the building official determines that it is in compliance
42 with the Florida Building Code and the applicant for development approval has been
43 awarded a certificate of compliance, the building official shall issue a building permit with
44 or without conditions.
45 (d) Certified IS districts. Ibis subsection authorizes the deyolopment Fl?iyAev; eooJ.'diflator
46 planning director to submit for certification by the board of county commissioners certain
Page 3 of 15
1 IS areas herein defined which may be issued permits without review by the land planning
2 division.
3 (1) At any regularly scheduled meeting of the board of county commissioners,
4 certification may be given to those IS areas recommended for approval and listing
5 by the development rwlie:r.': eoorema.tor planning director.
6 (2) The d0Y/elopmeRt review eool'<::iiflator planning director shall recommend from
7 time to time to the board of county commissioners any IS area that meets the
8 following:
9 a. Documentation that all utilities and roads are in place consistent with the
10 definition of IS;
11 b. Documentation that all appropriate bulk regulations found in section
12 130-186 can be followed, as well as the requirements of article V of this
13 chaper chapter and chapter 130, article VI;
14 c. Provision for appropriate impact fee payments as required by chapter
15 126;
16 d. Provision for required landscaping as required by chapter 114, article
17 IV; and
18 e. Provisions for adequate parking as required by chapter 114, article III
19 and access standards as required by chapter 114, article VII.
20 (3) Any certificate given by the board of county commissioners under this section
21 shall be in the form of a resolution that shall specify compliance with the
22 requirements of subsection (d)(2) of this section.
23
24 Sec. 110-69. Minor conditional uses.
25
26 (a) Applications for a minor conditional use permit. An application for a minor conditional
27 use permit shall be submitted to the de:rlelopment revie:r:: eoordinator planning director in the
28 form provided by the direetor of planning department. If approval of a plat is required for the
29 proposed development, an application for plat approval shall be submitted in conjunction with
30 the application for a conditional use permit. If an application for a minor conditional use
31 includes a major conditional use, then the minor conditional use shall be considered in
32 conjunction with the major conditional use in accordance with the procedures of section 110-
33 70.
34 (b) Review by the development review committee. An application for a minor conditional use
35 permit shall be reviewed by the development review committee. The development review
36 committee shall forward its report and recommendation on the application for a minor
37 conditional use permit to the direetor of planning director within ten working days of its
38 determination of completeness.
39 (c) Decision by the direetor of planning director. Within ten working days after receiving the
40 report and recommendation of the development review committee, the direetor of planning
41 director shall render a development order granting, granting with conditions or denying the
42 application for a minor conditional use permit.
43 (d) Notice of grant of a minor conditional use permit. The direetor of planning director shall
44 give notice of any development order granting a minor conditional use by sending a written
45 notice to all owners of real property located within 300 feet of the property that is subject to the
46 minor conditional use permit, and notice of the intent to issue the minor conditional approval
Page 4 of 15
1 shall be published in newspapers of local circulation in the county by advertisement in the legal
2 section. The costs of publication and written notice are to be borne by the applicant. Notice by
3 the planning director shall be by regular mail on the day of the granting of the minor
4 conditional use.
5 (e) Consideration of a minor conditional use approval by the planning commission.
6 Consideration of a minor conditional use approval shall be governed by the provisions of
7 chapter 102, article VI.
8 (f) Public hearing on an application for a minor conditional use permit. The public hearing on
9 an application for minor conditional use, if requested by the applicant, an adjacent property
10 owner, or an aggrieved or adversely affected person, as defined by F.S. ~ 163.3215(2), or any
11 resident or real property owner, shall be conducted by the planning commission in accordance
12 with the provisions of section 102-185(e).
13
14 Sec. 110-70. Major conditional uses.
15
16 (a) Applications for major conditional uses. An application for a major conditional use permit
17 shall be submitted to the developmeBt r6Yliew eoordina:ter planning director in a form provided
18 by the 6iTeetor of planning department.
19 (1) If approval of a plat is required for the proposed development, an application for plat
20 approval shall be submitted in conjunction with the application for a conditional use permit.
21 However, a major conditional use shall not become effective until the plat has been
22 approved by the board of county commissioners.
23 (2) As a part of the application for major conditional use, an applicant shall be required to
24 submit the following, except for those inappropriate to the proposed development due to
25 the limited size or scale of the development as determined by the planning director:
26 a. An environmental designation survey consisting of:
27 1. A plan drawn to a scale of one inch equals 20 feet or less, except where
28 impractical and the planning director authorizes a smaller scale, and
29 showing the following:
30 (i) The location of property;
31 (ii) The date, approximate north point and graphic scale;
32 (iii) The acreage within the property;
33 (iv) The boundary lines of the property and their bearings and
34 distances;
35 (v) The topography and typical ground cover;
36 (vi) The general surface characteristics, water areas and drainage
37 patterns;
38 (vii) The contours at an interval of not greater than one foot or at
39 lesser intervals if deemed necessary for review purposes;
40 (viii) The 100-year flood-prone areas by flood zone;
41 (ix) The presently developed and/or already altered areas; and
42 (x) The location of mean high-water line;
43 2. A natural vegetation map and/or a map of unique environmental features
44 such as:
45 (i) Climax tropical hardwood hammocks;
46 (ii) Endangered species habitats; and
Page 5 of 15
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(iii) Major wildlife intensive use areas;
3. Aerial photographs of the property and surrounding area;
4. A review of historical and archeological sites by the Florida Division of
Archives, History and Records Management;
5. A review of unique environmental features such as:
(i) Climax tropical hardwood hammocks;
(ii) Endangered species habitats; and
(iii) Major wildlife intensive use areas;
6. Actual acreage of specific vegetation species or other environmental
characteristics;
7. General information relating to the property in regard to the potential
impact which development of the site could have on the area's natural
environment and ecology;
8. Environmental resources:
(i) If shoreline zones were identified, describe in detail any
proposed site alterations in the areas, including vegetation removal,
dredging, canals or channels; identify measures which have been
taken to protect the natural, biological functions of vegetation within
this area such as shoreline stabilization, wildlife and marine habitat,
marine productivity and water quality maintenance;
(ii) If tropical hammock communities or other protected vegetative
communities were identified, describe proposed site alteration in
those areas and indicate measures which were taken to protect intact
areas prior to, during and after construction;
(iii) Describe plans for vegetation and landscaping of cleared sites
including a completion schedule for such work;
9. Environmental resources-wildlife. Describe the wildlife species that
nest, feed or reside on or adjacent to the proposed site. Specifically identify
those species considered to be threatened or endangered. Indicate measures
that will be taken to protect wildlife and their habitats; and
10. Environmental resources-water quality:
(i) Identify any wastewater disposal areas, including stormwater
runoff, septic tank drain-fields, impervious surfaces and
construction-related runoff; describe anticipated volume and
characteristics. Indicate measures taken to minimize the adverse
impacts of these potential pollution sources upon the quality of the
receiving waters prior to, during, and after construction; identify the
near shore water quality; and identify how this development will not
adversely impact the near shore water quality.
(ii) Indicate the degree to which any natural drainage patterns have
been incorporated into the drainage system of the project;
b. A community impact statement, including:
1. General description of proposed development:
(i) Provide a general written description of the proposed
development; include in this description the proposed phases of
development or operation and facility use, target dates for each of
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these, and date of completion; in addition, indicate the site size,
developing staging and appropriate descriptive measures such as
quantity and type of residential units, commercial floor area, tourist
accommodation units, seating and parking capacities; for residential
development, indicate the anticipated unit-per-acre density of the
completed project;
(ii) Identify aspects of the project design, such as a clustering,
which were incorporated to reduce public facilities costs and
improve the scenic quality of the development; describe building
and siting specifications which were used to reduce hurricane and
fire damage potential to comply with federal flood insurance
regulations and the comprehensive land use plan;
2. Impact assessment on public facilities and water supply:
(i) Identify projected daily potable water demands at the end of
each development phase and specify any consumption rates that
have been assumed for the projection;
(ii) Provide proof of coordination with the Florida Keys Aqueduct
Authority; assess the present and projected capacity of the water
supply system and the ability of such system to provide adequate
water for the proposed development; and
(iii) Describe measures to ensure that water pressure and flow will
be adequate for fire protection for the type of construction proposed;
3. Public facilities-- Wastewater management:
(i) Provide proof of coordination with the Florida Department of
Health and Rehabilitative Services;
(ii) Provide projection of the average flows of wastewater
generated by the development at the end of each development phase;
describe proposed treatment system, method and degree of
treatment, quality of effluent, and location of effluent and sludge
disposal areas; identify method and responsibilities for operation
and maintenance of facilities;
(iii) If public facilities are to be used, provide proof of coordination
with the county waste collection and disposal district; assess the
present and projected capacity of the treatment and transmission
facilities and the ability of such facilities to provide adequate service
to the proposed development; and
(iv) If applicable, provide a description of the volume and
characteristics of any industrial or other effluents;
4. Public facilities--Solid waste:
(i) Identify projected average daily volumes of solid waste
generated by the development at the end of each phase; indicate
proposed methods of treatment and disposal;
(ii) Provide proof of coordination with county municipal services
district; assess the present and projected capacity of the solid waste
treatment and disposal system and the ability of such facilities to
provide adequate services to the proposed development; and
Page 7 of 15
1 (iii) Comply with the requirements of section 114-200 concerning
2 any applicable traffic study;
3 5. Public facilities-- Transportation:
4 (i) Provide a projection of the expected vehicle trip generation at
5 the completion of each development phase; describe in terms of
6 external trip generation and average daily and peak hour traffic;
7 (ii) If the project site is adjacent to U.S. 1, describe the measures,
8 such as setbacks and access limitations, which have been
9 incorporated into the project design to reduce impacts upon U.S. 1;
10 6. Housing:
11 (i) If the project includes residential development, provide
12 breakdown of the proposed residential units by price range or rental
13 range and type of unit such as single-family, duplex, townhouse,
14 etc.;
15 (ii) If lots are to be sold without constructed dwelling units,
16 indicate the number and percentage of such lots and the extent of
17 improvements to be made prior to sale;
18 (iii) Assess the potential of the proposed development to meet local
19 or regional housing needs; in particular, indicate any measures taken
20 to provide low- and moderate-income housing;
21 7. Special considerations:
22 (i) Describe the relationship of the proposed development to the
23 comprehensive land use plan objectives and policies; also indicate
24 relationships between existing or proposed public facilities plans;
25 identify any conflicts;
26 (ii) Indicate any relationships of the project to special land use and
27 development district such as airport noise and hazard zones, solid or
28 liquid waste treatment or disposal areas;
29 (iii) If applicable, assess the impact of the proposed development
30 upon other adjacent or nearby municipalities or counties;
31 8. The data and information provided in a community impact statement
32 shall be coordinated with data and other information and/or permits required
33 by local, regional, state or federal regulatory or reviewing agencies as
34 appropriate to the major conditional use proposed.
35 (b) Review by the development review committee. An application for a major conditional use
36 permit shall be reviewed by the development review committee. Within 15 working days after
37 the submission of a complete application for a major conditional use permit, the development
38 review committee shall forward a report and recommendation on the application for a major
39 conditional use permit to the planning commission.
40 ( c) Public hearing on an application for a major conditional use permit. The planning
41 commission shall hold a public hearing on the application for a major conditional use permit
42 and shall within 45 working days of the submission of a complete application for a major
43 conditional use permit to the d6".<elopmeH:t r6"R0\'/ eoordinator planning director issue a
44 development order granting, granting with conditions or denying the application for a major
45 conditional use permit.
Page 8 of 15
1 (d) Notice of grant of a major conditional use permit. The direetor of planning director shall
2 give notice of any development order granting a major conditional use by sending a written
3 notice to all owners of real property located within 300 feet of the property that is the subject of
4 the major conditional use permit, and notice of the intent to issue the major conditional
5 approval shall be published in newspapers of local circulation in the county by advertisement
6 other than in the legal notice section with the cost to be borne by the applicant. Notice by the
7 planning director shall be by regular mail within 15 days of the granting of the major
8 conditional use.
9 (e) Appeal of a conditional use approved by the planning commission. The applicant, an
10 adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. ~
11 163.3215(2), or any person who presented testimony or evidence at the public hearing
12 conducted pursuant to subsection (c) of this section may request an appeal of the planning
13 commission's major conditional use decision under chapter 102, article VI, division 2 by filing
14 the notice required by that article within 30 days after the publication of notice or sending of
15 the written notice by the county, whichever is later.
16
17 Sec. 110-71. Final development plan subsequent to approval of conditional use permit.
18
19 (a) Purpose. The final development plan is a more detailed plan for implementation of an
20 approved conditional use.
21 (b) Authority. The final plan representing conditions placed by the planning commission and
22 required for development approval shall be submitted to the dk~etor of planning director within
23 60 days of the rendering of the development order for the conditional use permit. The final plan
24 may be submitted in phases if phases have been approved as part of approval at the time of
25 major conditional use approval.
26 (c) Application. An application for final development plan approval shall include the
27 information specified in a form provided by the dkeeter of planning director.
28 (d) Staff review. If the d~lelopmeflt nwiew eoofdinator planning department staff shall find
29 that the application is complete, the application shall be reviewed by a development review
30 committee, who shall submit a report to the direetor of planning director and planning
31 commission within 15 working days of the date of a determination that the application is
32 complete.
33 (e) Final plan approval. Unless final development plan approval has been reserved to the
34 planning commission as a condition of approval of a conditional use permit or by the
35 provisions pertaining to that land use district, the dkeetor of planning director, upon a finding
36 of conformity with the conditional use approval, shall prepare a report of his findings. If final
37 action of a final development plan has been reserved to the planning commission, the planning
38 commission shall hear it at a regularly scheduled meeting and upon the recommendation of the
39 planning director shall approve a final development plan if it is deemed to be in conformity
40 with conditional use approval. If the plan is not in conformity, the planning commission shall
41 return the final plan to the applicant with a written statement of the changes that would make
42 the final plan conform. The planning commission shall consider the final plan at a regularly
43 scheduled hearing when requested by the applicant. Any final plan rejected by the planning
44 commission shall be deemed null and void if not resubmitted within 180 days unless tolled by
45 the filing of an appeal under subsection (e)(2) of this section.
46 (1) A final plan shall be deemed to be in conformity if it:
Page 9 of 15
1 a. Evidences development within the parameters established by the planning
2 commission in the prior approval of the conditional use as to the total number of
3 dwelling units proposed by type of structure and number of bedrooms;
4 b. Evidences development within the parameters established by the planning
5 commission as to the total number of nonresidential structures;
6 c. Evidences development within the parameters established by the planning
7 commission as to the total square feet of building floor area proposed;
8 d. Evidences development within the parameters established by the planning
9 commission as to the total land area devoted to residential uses, commercial uses,
10 public and private open space, streets, off-street parking and loading areas and other
11 impervious surfaces;
12 e. Evidences development within the parameters established by the planning
13 commission for floor area ratio by type of development;
14 f. Evidences development within the parameters established in the prior approval of
15 the conditional use permit for the number of off-street parking and loading spaces for
16 each type of use;
17 g. Evidences development that is consistent with the stated purpose of the land use
18 dismct;and
19 h. Evidences conformity to such other criteria and/or conditions as were established by
20 the planning commission in the conditional use permit.
21 (2) The holder of an approved conditional use whose final development plan has been
22 denied by the planning commission may request an appeal hearing before a hearing officer
23 under chapter 102, article VI, division 2 by filing the notice required by that article within
24 30 days of the date of the written denial of the planning commission
25
26 Sec. 110-73. Development under an approved conditional use permit.
27
28 (a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be
29 deemed to authorize only the particular use for which it is issued. A conditional use approval
30 shall not be transferred to a successive owner without notification to the development review
31 coordinator within five days of the transfer.
32 (1) Unless otherwise specified in the approved conditional use approval, application for a
33 building permit shall be made within six months of the date of the approval of the
34 conditional use, and all required certificates of occupancy shall be procured within two
35 years of the date of issuance of the initial building permit, or the conditional use approval
36 shall become null and void with no further action required by the county. Approval time
37 frames do not change with successive owners. An extension of time may be granted only
38 by the planning commission for a period not to exceed one year and only within the
39 original period of validity. When a hearing officer has ordered a conditional use approval
40 initially denied by the planning commission, the planning commission shall nonetheless
41 have the authority to grant or deny a time extension under this section. If the planning
42 commission denies a time extension, the holder of the conditional use may request an
43 appeal of that decision under chapter 102, article VI, division 2 by filing the notice required
44 by that article within 30 days of the written denial of the planning commission.
45 (2) Development of the use shall not be carried out until the applicant has secured all other
46 permits and approvals required by this chapter, this Code, or regional, state and federal
Page 10 of 15
1 agencies and until the approved conditional use is recorded in accordance with section 110-
2 72.
3 (b) Adjustments to approved conditional use approvals and inspection during development
4 under a conditional use approval.
5 (1) Authorized. After a conditional use has been approved, adjustments may be approved
6 for major or minor deviations as set forth in subsections (b)(3) and (b)(4) of this section.
7 (2) Inspections by department of planning. Following issuance of a conditional use
8 approval, the directer of planning director shall review on a quarterly basis until the
9 completion of the development all permits issued and construction undertaken, shall
10 compare actual development and the approved plans and permits for development and the
11 approved development schedule, if any, and shall report his findings in writing to the
12 planning commission.
13 (3) Minor deviations. The director of planning director may approve a minor deviation
14 from the final development plan and schedule. Minor deviations must be authorized in
15 writing and are subject to administrative appeal to the planning commission. Minor
16 deviations that may be authorized are those that appear necessary in light of technical and
17 engineering considerations brought to light by the applicant or the direetor of planning
18 director and shall be limited to the following:
19 a Alteration of the location of any road or walkway by not more than five feet;
20 b. Reduction of the total amount of open space by not more than five percent or
21 reduction of the yard area or open space associated with any single structure by not
22 more than five percent, provided that such reduction does not permit the required
23 open space to be less than that required by section 130-157; and
24 c. Alteration of the location, type or quality of required landscaping elements of
25 the conditional use permit.
26 (4) Major deviations. If the holder of an approved conditional use wishes to make an
27 adjustment to the approval that is not a minor deviation, approval of the planning
28 commission in accordance with the provisions of subsection (b)(5) of this section must be
29 obtained. If the di:feetor of planning director finds that the development is not proceeding in
30 substantial accordance with the approved plans or schedule or that it fails in any other
31 respect to comply with the conditional use approval issued or any provision contained in
32 this chapter, that director shall immediately notify the developIneflt r0'"li0'":: coordinator
33 planning director and the planning commission and may, if necessary for the protection of
34 the public health, safety or welfare, notify the building official to issue a temporary order
35 stopping any and all work on the development until such time as any noncompliance is
36 cured. No action may be taken by the planning commission that effectively amends the
37 conditional use approval except by way of the procedures set out in section 110-70.
38 (5) Action by the planning commission. Within 30 working days following notification by
39 the direetor of planning director that work is not proceeding in substantial accordance with
40 the approved plans or schedule or in some other respect is not in compliance with the
41 conditional use approval, the commission shall:
42 a. Determine that action be taken to bring development into substantial
43 compliance;
44 b. Determine that the conditional use approval be revoked; or
45 c. Authorize adjustments to the approved conditional use approval when such
46 adjustments appear necessary in light of technical or engineering considerations
Page 11 of 15
1 first discovered during actual development and not reasonably anticipated during
2 the initial approval process. Such adjustments shall be consistent with the intent and
3 purpose of the conditional use approval as permitted, and shall be the minimum
4 necessary to overcome the particular difficulty. No adjustment shall be inconsistent
5 with the requirements of this chapter. Prior to considering action on such
6 adjustments, the planning commission shall make inquiry of any person having
7 information that may relate to the basis for consideration of an adjustment, but shall
8 act as promptly and as expeditiously as possible. If the planning commission
9 determines that an adjustment is necessary, it may, without public hearing, approve
10 the following adjustments, provided that such adjustments do not have the effect of
11 reducing the open space required under the provisions of section 130-157:
12 1. Alteration of the bulk regulations for anyone structure by not more than
13 five percent;
14 2. Alteration of the location of anyone structure or group of structures by
15 not more than ten feet; and
16 3. Alterations of such other requirements or conditions as were imposed in
17 the approval of the conditional use or in approval of the final development
18 plan by not more than five percent or, in the case of location, a variation of
19 not more than ten feet from the location approved in the final plan, so long
20 as in all cases such adjustments are in accord with the parameters
21 established in the conditional use approval.
22 d. In the event the building official has issued a temporary order stopping work as
23 provided for herein, the planning commission shall, within 30 working days from
24 the date of the issuance of the temporary order:
25 1. Proceed to revoke the conditional use approval; or
26 2. Overrule the action of the building official, in which case the temporary
27 order shall immediately become null and void.
28 (6) Appeal before hearing officer. The holder of a conditional use approval aggrieved by
29 the decision of the planning commission made pursuant to subsection (b)(5) of this section
30 may request an appeal before a hearing officer under chapter 102, article VI, division 2 by
31 filing the notice required by that article within 30 days of the date of the written decision of
32 the planning commission.
33 (c) Other adjustments. Any other adjustments or changes not specified in subsection (b) of
34 this section shall be granted only in accordance with procedures for original approval of a
35 conditional use, as set forth in section 110-63 et seq.
36 (d) Inspections after development.
37 (1) Inspections by planning department. Following completion of the development of a
38 conditional use, the planning department shall review the development for compliance with
39 the use as approved. If it is determined that the conditional use has been developed in
40 accordance with the approval, then a certificate of occupancy shall be issued in accordance
41 with section 6-145. If the dHeetor of planning director finds that the development, as
42 completed, fails in any respect to comply with the use as approved, he shall immediately
43 notify the building official, the de:veloflIneRt r6Y:ie>.v eooFdiBator, the planning commission,
44 the board of county commissioners, and the applicant of such fact. The building official
45 shall not issue a certificate of occupancy pursuant to section 6-145 until the planning
46 commission has acted on the planning director's notification of noncompliance. Sl*Jf
Page 12 of 15
1 (2) Action by planning commission. Within 30 working days following notification by the
2 direeter of planning director, the commission shall:
3 a. Recommend that the fmding of the dHeet<>r of planning director be overruled;
4 b. Recommend to the applicant modifications in the development to bring it into
5 accord with the terms and provisions of the final plan approval and the conditional
6 use permit; or
7 c. Revoke the conditional use permit, as well as all prior approvals and related or
8 resulting permits.
9 (3) Appeal before hearing officer. The holder of a conditional use approval aggrieved by
10 the decision of the planning commission pursuant to subsection (b)(5) of this section may
11 request an appeal before a hearing officer under chapter 102, article VI, division 2 by filing
12 the notice required by that article within 30 days of the date of the written decision of the
13 planning commission
14
15 Sec. 110-98. Preliminary plat approval.
16
17 (a) Generally. All applicants for approval of a plat involving five or more lots shall submit a
18 preliminary plat for approval in accordance with the provisions of this section.
19 (b) Application. An application for preliminary approval shall be submitted to the
20 development revie":: eeeFdinator planning director in accordance with the provisions of this
21 section, accompanied by a nonrefundable fee as established from time to time by the board of
22 county commissioners. The application shall contain the information required on a form
23 provided by the direetor of planning director.
24 (c) Staff review. After a determination that the application for preliminary plat approval is
25 complete under the provisions of section 110-4, the de~:eleflment re'.4ew eoordmator planning
26 director shall submit the application to the development review committee, which shall prepare
27 a recommendation and report for the commission.
28 (d) Public hearing and action by the planning commission. The planning commission shall
29 conduct a public hearing on an application for preliminary plat approval of a subdivision
30 involving five or more lots, in accordance with the requirements of sections 110-6 and 110-7.
31 The commission shall review such applications, the recommendation of the development
32 review committee, and the testimony at the public hearing, and shall recommend granting
33 preliminary plat approval, granting approval subject to specified conditions, or denying the
34 application at its next meeting following submittal of the report and recommendation of the
35 development review committee.
36 ( e) Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute
37 approval of a final plat or permission to proceed with development. Such approval shall
38 constitute only authorization to proceed with the preparation of such documents as are required
39 by the direetor of planning director for a final plat.
40 (f) Limitation on approval of preliminary plat. An application for final plat approval shall be
41 filed within one year of the date of preliminary plat approval. Unless an extension is granted by
42 the board of county commissioners, failure to file such an application automatically shall
43 render null and void the preliminary approval previously granted by the board.
44
45 Sec. 110-99. Final plat approval.
46
Page 13 of 15
1 (a) Generally. All applicants for approval of a plat shall submit a final plat for approval in
2 accordance with the provisions of this section.
3 (b) Application. It shall be the responsibility of the developer to complete, have in final form,
4 and submit to the oo~lelopmeflt review eooF<:imator planning director for final processing the
5 final plat, along with all final construction plans, required documents, exhibits, legal
6 instruments to guarantee performance, certificates properly executed by all required agencies
7 and parties as required in this article, and the recording fee, and any other documents or
8 information as are required by the dir0etor of planning director. After receipt of a complete
9 application for final plat approval, as determined in accordance with section 110-4, the
10 de-~f0lepm.eflt r~iew eoofdiBator planning director shall submit the application and
11 accompanying documents to the development review committee.
12 (c) Review and action by development review committee. The development review
13 committee shall review all applications for final plat approval.
14 (1) If the committee determines that a final plat for a subdivision involving fewer than
15 five lots conforms to the substantive and procedural requirements of this chapter, the
16 committee shall approve the final plat or approve it with conditions at its next regular
17 meeting 15 working days after receipt of a complete application from the de-velopmeflt
18 feY.iew eoordinator planning director, or as soon thereafter as practical. Final plats that are
19 approved by the committee shall be placed on the consent agenda of the next regularly
20 scheduled meeting of the board of county commissioners and shall become final unless
21 removed from the consent agenda by the affirmative vote of three members of the board. If
22 a final plat is removed from the consent agenda, the board shall not modify or reject the
23 decision of the committee unless the board finds that the record does not contain competent
24 substantial evidence to support approval. If the committee denies final plat approval, the
25 applicant may appeal such denial to the board, which shall consider the application and any
26 additional testimony submitted by the applicant and other persons and shall approve the
27 final plat, approve it with conditions, or deny final plat approval.
28 (2) For a final plat for a subdivision involving five or more lots, if the plat conforms to the
29 approved preliminary plat and the substantive and procedural requirements of this chapter,
30 at its next regular meeting or as soon as practical after receipt of a complete application, the
31 development review committee shall recommend to the planning commission approval of
32 the final plat or approval with conditions. If the committee finds that the plat does not
33 substantially conform to the approved preliminary plat or the substantive and procedural
34 requirements of this chapter, the committee shall recommend denial, specifying the area of
35 nonconformity.
36 (d) Review and action by the planning commission. The planning commission shall review all
37 applications for final plat approval involving five or more lots and the recommendation of the
38 development review committee. If the commission finds that the final plat conforms to the
39 approved preliminary plat and the substantive and procedural requirements of this chapter, and
40 commission shall recommend to the board of county commissioners approval of the final plat,
41 or approval with specified conditions, and shall submit a report and written findings in
42 accordance with section 110-7.
43 (e) Public hearing by the board of county commissioners. The board of county commissioners
44 shall conduct a public hearing on all applications for final plat approval involving five or more
45 lots in accordance with the procedures of section 11 0-6( c).
Page 14 of IS
1 (f) Action by the board of county commissioners. For proposed subdivisions involving five or
2 more lots, the board of county commissioners shall review the application, the
3 recommendations of the development review committee and the planning commission, and the
4 testimony at the public hearing, and shall grant final plat approval, grant approval subject to
5 specified conditions, or deny the application, in accordance with the provisions of section 110-
6 7.
7
8 IV RECOMMENDATION
9
10 Staff has found that the proposed text amendments would be consistent with the provisions of
11 ~102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
12 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
13 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
14 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
15 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
16 the proposed text amendments are necessary due to new issues and recognition of a need for
17 additional detail.
18
19 Therefore, staff recommends that the Board of County Commissioners amend the
20 Monroe County Code as stated in the text of this staff report.
Page 15 of 15
ORDINANCE - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 102-55, REGISTRATION,
SECTION 110-4, DETERMINATION OF COMPLETENESS
AND COMPLIANCE, EXCEPT FOR SINGLE-F AMIL Y
DWELLINGS, SECTION 110-7, ACTIONS BY DECISION-
MAKING PERSONS AND BODIES, SECTION 110-37,
DEVELOPMENT PERMITTED AS OF RIGHT, SECTION 110-
69, MINOR CONDITIONAL USES, SECTION 110-70, MAJOR
CONDITIONAL USES, SECTION 110-71, FINAL
DEVELOPMENT PLAN SUBSEQUENT TO APPROVAL OF
CONDITIONAL USE PERMIT, SECTION 110-73,
DEVELOPMENT UNDER AN APPROVED CONDITIONAL
USE PERMIT, SECTION 110-98, PRELIMINARY PLAT
APPROVAL, SECTION 110-99, FINAL PLAT APPROVAL;
ELIMINATING REFERENCES TO THE OBSOLETE
POSITION OF DEVELOPMENT REVIEW COORDINATOR;
REASSIGNING THE RESPONSIBILITIES AND DUTIES OF
THE DEVELOPMENT REVIEW COORDINATOR TO THE
PLANNING DIRECTOR; 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.
WHEREAS, the current text within the Monroe County Code's Land Development Code
describing the job qualifications and functioning of the Planning & Environmental
Resources Department is outdated; and
WHEREAS, concerning the development review coordinator position, the position of
development review coordinator has been eliminated in the Planning & Environmental
Resources Department. All responsibilities of the position have been assumed by the
planning director and the principal current planner; and
WHEREAS, there is a need for consistency in terminology in the Monroe County Code;
however, the terms "director of planning" and "planning director" are used
interchangeably throughout the code; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 102-55 shall be amended as follows (deletions are stricken through
and additions are underlined):
See. 102-55. Registration.
All claims of nonconforming uses and structures shall be registered with the
oo'lelof'mcm review coordinator planning director in a form provided by the
dir~ctor of planning director within one year of the service of individual notice by
mail to all landowners of record of the adoption of the plan and the requirement to
register nonconforming uses and structures. Individual notice by mail shall be
deemed served upon the deposit of duly stamped notice in the U.S. mails addressed
to the owner of record according to the most recent listing of the property appraiser
of the county. Failure to register a claim of nonconforming use or structure within
one year after adequate legal notification by the director of planning director shall
constitute a waiver of the right to claim nonconforming use status. Evaluation of
nonconformity claims shall be on a case-by-case basis by the director of planning
director based on the lawful nature of the use or structure when established, subject
to appeal as provided in article VI of this chapter. The board of county
commissioners, at its discretion, may direct the dir~ctor of planning director to issue
notification by category.
Section 2. Section 110-4 shall be amended as follows (deletions are stricken through and
additions are underlined):
Sec. 110-4. Determination of completeness and compliance, except for single-
family dwellings.
Within 15 working days after an application for development approval has been
received, the development review coordinator planning director shall determine
whether the application is complete. If the development review coordinator
planning director determines that the application is not complete, he shall serve a
written notice on the applicant specifying the application's deficiencies. The
development review coordinator planning director shall take no further action on
the application unless the deficiencies are remedied. If the development revie'lI
coordinator planning director fails to make a determination of completeness within
15 working days, the application is deemed complete. Once the application is
deemed complete, the de'lelopment re'/iew coordinator planning director shall
cause the application to be evaluated within ten working days for compliance with
the county's land use regulations. If the de','elopment re'/iew coordinator planning
director determines that the application is not in compliance, he shall serve a
written notice explaining why this is so; and the application shall be denied. If the
application is determined to be in compliance with these land use regulations, the
developmcm re'lie','; coordinator planning director shall notify the applicant and
the secretary of the planning commission so that a public hearing may be
scheduled no earlier than 30 days following a determination of compliance and a
notice given, if required, and shall convene the development review committee. A
determination of completeness shall not constitute a determination of compliance
with the substantive requirements of this chapter.
Section 3. Section 110-7 shall be amended as follows (deletions are strickeR thr{)ugh and
additions are underlined):
Sec. 110-7. Actions by decision-making persons and bodies.
(a) Generally. All decision-making persons and bodies shall act in accord with
time limits established in this chapter except as provided in section 101-2(b).
Action shall be taken as promptly as possible in consideration of the interests of
the citizens of the county.
(b) Findings. All decisions shall be in writing and adopted by resolution and
shall include at least the following elements:
(1) A summary of the information presented before the decision-making
body;
(2) A summary of all documentary evidence provided to the decision-
making body or which the decision-making body considered in making its
decision; and
(3) A clear statement of specific findings of fact and a statement of the
basis upon which such facts were determined, with specific reference to
the relevant standards set forth in this chapter, including, but not limited to,
the standards in section 110-67.
(c) Notification. Notification of a decision-making body's decision, by copy of
the resolution, shall be mailed by the de'ielopmeRt review coordinator planning
director to the applicant by certified mail.
Section 4. Section 110-37 shall be amended as follows (deletions are strickeR through
and additions are underlined):
Sec. 110-37. Development permitted as of right.
(a) Purpose. Uses permitted as of right are those uses that are compatible with
other land uses in a land use district, provided they are developed in conformity
with this chapter.
(b) Application. An applicant for development approval for a use permitted as of
right shall submit an application for a building permit, together with a certificate of
compliance, if required, obtained pursuant to section 110-142 and a description of
the proposed development, to the building official.
(c) Action on the application. If the director of planning director determines that
the proposed development is in compliance with all requirements of this Code and
the Monroe County Comprehensive Plan, and the building official determines that
it is in compliance with the Florida Building Code and the applicant for
development approval has been awarded a certificate of compliance, the building
official shall issue a building permit with or without conditions.
(d) Certified IS districts. This subsection authorizes the deyelopment re'/iew
coordinator planning director to submit for certification by the board of county
commissioners certain IS areas herein defined which may be issued permits without
review by the land planning division.
(1) At any regularly scheduled meeting of the board of county
commissioners, certification may be given to those IS areas recommended
for approval and listing by the development re';ie';; coordiflator planning
director.
(2) The development review coordiflator planning director shall
recommend from time to time to the board of county commissioners any IS
area that meets the following:
a. Documentation that all utilities and roads are in place consistent
with the defmition of IS;
b. Documentation that all appropriate bulk regulations found in
section 130-186 can be followed, as well as the requirements of
article V of this chapel" chapter and chapter 130, article VI;
c. Provision for appropriate impact fee payments as required by
chapter 126;
d. Provision for required landscaping as required by chapter 114,
article IV; and
e. Provisions for adequate parking as required by chapter 114,
article III and access standards as required by chapter 114, article
VII.
(3) Any certificate given by the board of county commissioners under this
section shall be in the form of a resolution that shall specify compliance
with the requirements of subsection (d)(2) of this section.
Section 5. Section 110-69 shall be amended as follows (deletions are strieken through
and additions are underlined):
See. 110-69. Minor conditional uses.
(a) Applications for a minor conditional use permit. An application for a minor
conditional use permit shall be submitted to the development reviev; coordinator
planning director in the form provided by the director of planning department. If
approval of a plat is required for the proposed development, an application for plat
approval shall be submitted in conjunction with the application for a conditional use
permit. If an application for a minor conditional use includes a major conditional use,
then the minor conditional use shall be considered in conjunction with the major
conditional use in accordance with the procedures of section 110-70.
(b) Review by the development review committee. An application for a minor
conditional use permit shall be reviewed by the development review committee. The
development review committee shall forward its report and recommendation on the
application for a minor conditional use permit to the director of planning director withinoten working days of its determination of completeness.
(c) Decision by the dir~ctor of planning director. Within ten working days after
receiving the report and recommendation of the development review committee, the
director of planning director shall render a development order granting, granting with
conditions or denying the application for a minor conditional use permit.
(d) Notice of grant of a minor conditional use permit. The direetef of planning director
shall give notice of any development order granting a minor conditional use by sending
a written notice to all owners of real property located within 300 feet of the property
that is subject to the minor conditional use permit, and notice of the intent to issue the
minor conditional approval shall be published in newspapers of local circulation in the
county by advertisement in the legal section. The costs of publication and written notice
are to be borne by the applicant. Notice by the planning director shall be by regular
mail on the day of the granting of the minor conditional use.
(e) Consideration of a minor conditional use approval by the planning commission.
Consideration of a minor conditional use approval shall be governed by the provisions
of chapter 102, article VI.
(t) Public hearing on an application for a minor conditional use permit. The public
hearing on an application for minor conditional use, if requested by the applicant, an
adjacent property owner, or an aggrieved or adversely affected person, as defmed by
F.S. ~ 163.3215(2), or any resident or real property owner, shall be conducted by the
planning commission in accordance with the provisions of section 1 02-185( e).
Section 6. Section 110-70 shall be amended as follows (deletions are strickefl. thiOUgfl.
and additions are underlined):
Sec.ll0-70. Major conditional uses.
(a) Applications for major conditional uses. An application for a major conditional use
permit shall be submitted to the de'/elopmefl.t review coordinator planning director in a
form provided by the diiector of planning department.
(1) If approval of a plat is required for the proposed development, an application
for plat approval shall be submitted in conjunction with the application for a
conditional use permit. However, a major conditional use shall not become
effective until the plat has been approved by the board of county commissioners.
(2) As a part of the application for major conditional use, an applicant shall be
required to submit the following, except for those inappropriate to the proposed
development due to the limited size or scale of the development as determined by
the planning director:
a. An environmental designation survey consisting of:
1. A plan drawn to a scale of one inch equals 20 feet or less, except
where impractical and the planning director authorizes a smaller
scale, and showing the following:
(i) The location of property;
(ii) The date, approximate north point and graphic scale;
(iii) The acreage within the property;
(iv) The boundary lines of the property and their bearings
and distances;
(v) The topography and typical ground cover;
(vi) The general surface characteristics, water areas and
drainage patterns;
(vii) The contours at an interval of not greater than one foot
or at lesser intervals if deemed necessary for review
purposes;
(viii) The 100-year flood-prone areas by flood zone;
(ix) The presently developed and/or already altered areas;
and
(x) The location of mean high-water line;
2. A natural vegetation map and/or a map of unique environmental
features such as:
(i) Climax tropical hardwood hammocks;
(ii) Endangered species habitats; and
(Hi) Major wildlife intensive use areas;
3. Aerial photographs of the property and surrounding area;
4. A review of historical and archeological sites by the Florida
Division of Archives, History and Records Management;
5. A review of unique environmental features such as:
(i) Climax tropical hardwood hammocks;
(ii) Endangered species habitats; and
(Hi) Major wildlife intensive use areas;
6. Actual acreage of specific vegetation speCIes or other
environmental characteristics;
7. General information relating to the property in regard to the
potential impact which development of the site could have on the
area's natural environment and ecology;
8. Environmental resources:
(i) If shoreline zones were identified, describe in detail any
proposed site alterations in the areas, including vegetation
removal, dredging, canals or channels; identify measures
which have been taken to protect the natural, biological
functions of vegetation within this area such as shoreline
stabilization, wildlife and marine habitat, marine
productivity and water quality maintenance;
(ii) If tropical hammock communities or other protected
vegetative communities were identified, describe proposed
site alteration in those areas and indicate measures which
were taken to protect intact areas prior to, during and after
construction;
(iii) Describe plans for vegetation and landscaping of
cleared sites including a completion schedule for such work;f9. Environmental resources-wildlife. Describe the wildlife species
that nest, feed or reside on or adjacent to the proposed site.
Specifically identify those species considered to be threatened or
endangered. Indicate measures that will be taken to protect wildlife
and their habitats; and
10. Environmental resources-water quality:
(i) Identify any wastewater disposal areas, including
stormwater runoff, septic tank drain- fields, impervious
surfaces and construction-related runoff; describe anticipated
volume and characteristics. Indicate measures taken to
minimize the adverse impacts of these potential pollution
sources upon the quality of the receiving waters prior to,
during, and after construction; identify the near shore water
quality; and identify how this development will not
adversely impact the near shore water quality.
(Ii) Indicate the degree to which any natural drainage
patterns have been incorporated into the drainage system of
the project;
b. A community impact statement, including:
1. General description of proposed development:
(i) Provide a general written description of the proposed
development; include in this description the proposed phases
of development or operation and facility use, target dates for
each of these, and date of completion; in addition, indicate
the site size, developing staging and appropriate descriptive
measures such as quantity and type of residential units,
commercial floor area, tourist accommodation units, seating
and parking capacities; for residential development, indicate
the anticipated unit-per-acre density of the completed project;
(Ii) Identify aspects of the project design, such as a
clustering, which were incorporated to reduce public
facilities costs and improve the scenic quality of the
development; describe building and siting specifications
which were used to reduce hurricane and fire damage
potential to comply with federal flood insurance regulations
and the comprehensive land use plan;
2. Impact assessment on public facilities and water supply:
(i) Identify projected daily potable water demands at the
end of each development phase and specify any
consumption rates that have been assumed for the projection;
(ii) Provide proof of coordination with the Florida Keys
Aqueduct Authority; assess the present and projected
capacity of the water supply system and the ability of such
system to provide adequate water for the proposed
development; and
(iii) Describe measures to ensure that water pressure and
flow will be adequate for fire protection for the type of
construction proposed;
3. Public facilities-- Wastewater management:
(i) Provide proof of coordination with the Florida
Department of Health and Rehabilitative Services;
(ii) Provide projection of the average flows of wastewater
generated by the development at the end of each
development phase; describe proposed treatment system,
method and degree of treatment, quality of effluent, and
location of effluent and sludge disposal areas; identify
method and responsibilities for operation and maintenance
of facilities;
(iii) If public facilities are to be used, provide proof of
coordination with the county waste collection and disposal
district; assess the present and projected capacity of the
treatment and transmission facilities and the ability of such
facilities to provide adequate service to the proposed
development; and
(iv) If applicable, provide a description of the volume and
characteristics of any industrial or other effluents;
4. Public facilities--Solid waste:
(i) Identify projected average daily volumes of solid waste
generated by the development at the end of each phase;
indicate proposed methods of treatment and disposal;
(ii) Provide proof of coordination with county municipal
services district; assess the present and projected capacity of
the solid waste treatment and disposal system and the ability
of such facilities to provide adequate services to the
proposed development; and
(iii) Comply with the requirements of section 114-200
concerning any applicable traffic study;
5. Public facilities-- Transportation:
(i) Provide a projection of the expected vehicle trip
generation at the completion of each development phase;
describe in terms of external trip generation and average
daily and peak hour traffic;
(ii) If the project site is adjacent to U.S. 1, describe the
measures, such as setbacks and access limitations, which
have been incorporated into the project design to reduce
impacts upon U.S. 1;
6. Housing:
(i) If the project includes residential development, provide
breakdown of the proposed residential units by price range
or rental range and type of unit such as single-family, duplex,
townhouse, etc.;
(ii) If lots are to be sold without constructed dwelling units,
indicate the number and percentage of such lots and the
extent of improvements to be made prior to sale;
(Hi) Assess the potential of the proposed development to
meet local or regional housing needs; in particular, indicate
any measures taken to provide low- and moderate-income
housing;
7. Special considerations:
(i) Describe the relationship of the proposed development
to the comprehensive land use plan objectives and policies;
also indicate relationships between existing or proposed
public facilities plans; identify any conflicts;
(ii) Indicate any relationships of the project to special land
use and development district such as airport noise and
hazard zones, solid or liquid waste treatment or disposal
areas;
(iii) If applicable, assess the impact of the proposed
development upon other adjacent or nearby municipalities or
counties;
8. The data and information provided in a community impact
statement shall be coordinated with data and other information
and/or permits required by local, regional, state or federal regulatory
or reviewing agencies as appropriate to the major conditional use
proposed.
(b) Review by the development review committee. An application for a major
conditional use permit shall be reviewed by the development review committee. Within
15 working days after the submission of a complete application for a major conditional
use permit, the development review committee shall forward a report and
recommendation on the application for a major conditional use permit to the plarming
commission.
(c) Public hearing on an application for a major conditional use permit. The pI arming
commission shall hold a public hearing on the application for a major conditional use
permit and shall within 45 working days of the submission of a complete application
for a major conditional use permit to the development review coordinator plarming
director issue a development order granting, granting with conditions or denying the
application for a major conditional use permit.
(d) Notice of grant of a major conditional use permit. The director of plarming director
shall give notice of any development order granting a major conditional use by sending
a written notice to all owners of real property located within 300 feet of the property
that is the subject of the major conditional use permit, and notice of the intent to issue
the major conditional approval shall be published in newspapers of local circulation in
the county by advertisement other than in the legal notice section with the cost to be
borne by the applicant. Notice by the plarming director shall be by regular mail within
15 days of the granting of the major conditional use.
( e) Appeal of a conditional use approved by the plarming commission. The applicant,
an adjacent property owner, or any aggrieved or adversely affected person, as defmed
by F.S. ~ 163.3215(2), or any person who presented testimony or evidence at the public
hearing conducted pursuant to subsection (c) of this section may request an appeal of
the plarming commission's major conditional use decision under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days after the
publication of notice or sending of the written notice by the county, whichever is later.
Section 7. Section 110-71 shall be amended as follows (deletions are stricken thrOligfl
and additions are underlined):
See. 110-71. Final development plan subsequent to approval of ~onditional use
permit.
(a) Purpose. The fmal development plan is a more detailed plan for implementation of
an approved conditional use.
(b) Authority. The fmal plan representing conditions placed b~ the planning
commission and required for development approval shall be submitted to the director of
planning director within 60 days of the rendering of the development order for the
conditional use permit. The fmal plan may be submitted in phases if p~ases have been
approved as part of approval at the time of major conditional use approval.
(c) Application. An application for fmal development plan approval shall include the
information specified in a form provided by the director of planning dir(fctor.
(d) Staff review. If the development re'{ie...: coordiflator planning 4epartment staff
shall fmd that the application is complete, the application shall be I reviewed by a
development review committee, who shall submit a report to the director of planning
director and planning commission within 15 working days of ;the date of a
determination that the application is complete.
(e) Final plan approval. Unless fmal development plan approval has been reserved to
the planning commission as a condition of approval of a conditional use permit or by
the provisions pertaining to that land use district, the director of planning director, upon
a fmding of conformity with the conditional use approval, shall prepare a report of his
findings. If fmal action of a fmal development plan has been reserved to the planning
commission, the planning commission shall hear it at a regularly scheduled meeting
and upon the recommendation of the planning director shall approve a fmal
development plan if it is deemed to be in conformity with conditional use approval. If
the plan is not in conformity, the planning commission shall return the fmal plan to the
applicant with a written statement of the changes that would make the fmal plan
conform. The planning commission shall consider the final plan at a regularly
scheduled hearing when requested by the applicant. Any fmal plan rejected by the
planning commission shall be deemed null and void if not resubmitted within 180 days
unless tolled by the filing of an appeal under subsection (e)(2) of this sec::tion.
(1) A fmal plan shall be deemed to be in conformity if it:
a. Evidences development within the parameters established by the planning
commission in the prior approval of the conditional use as to the total number of
dwelling units proposed by type of structure and number of bedrooms;
b. Evidences development within the parameters established by the planning
commission as to the total number of nonresidential structures;
c. Evidences development within the parameters established by the planning
commission as to the total square feet of building floor area proposed;
d. Evidences development within the parameters established by the planning
commission as to the total land area devoted to residential uses, commercial
uses, public and private open space, streets, off-street parking and loading areas
and other impervious surfaces;
e. Evidences development within the parameters established by the planning
commission for floor area ratio by type of development;
f. Evidences development within the parameters established in the prior
approval of the conditional use permit for the number of off-street parking and
loading spaces for each type of use;
g. Evidences development that is consistent with the stated purpose of the land
use district; and
h. Evidences conformity to such other criteria and/or conditions as were
established by the planning commission in the conditional use permit.
(2) The holder of an approved conditional use whose final development plan has
been denied by the planning commission may request an appeal hearing before a
hearing officer under chapter 102, article VI, division 2 by filing the notice required
by that article within 30 days of the date of the written denial of the planning
commission
Section 8. Section 110-73 shall be amended as follows (deletions are strielcen through.
and additions are underlined):
See. 110-73. Development under an approved conditional use permit.
(a) Effect of issuance of a conditional use approval. Approval for a conditional use
shall be deemed to authorize only the particular use for which it is issued. A conditional
use approval shall not be transferred to a successive owner without notification to the
development review coordinator within five days of the transfer.
(1) Unless otherwise specified in the approved conditional use approval,
application for a building permit shall be made within six months of the date of the
approval of the conditional use, and all required certificates of occupancy shall be
procured within two years of the date of issuance of the initial building permit, or
the conditional use approval shall become null and void with no further action
required by the county. Approval time frames do not change with successive
owners. An extension of time may be granted only by the planning commission for
a period not to exceed one year and only within the original period of validity.
When a hearing officer has ordered a conditional use approval initially denied by
the planning commission, the planning commission shall nonetheless have the
authority to grant or deny a time extension under this section. If the planning
commission denies a time extension, the holder of the conditional use may request
an appeal of that decision under chapter 102, article VI, division 2 by filing the
notice required by that article within 30 days of the written denial of the planning
commission.
(2) Development of the use shall not be carried out until the applicant has secured
all other permits and approvals required by this chapter, this Code, or regional, state
and federal agencies and until the approved conditional use is recorded in
accordance with section 110-72.
(b) Adjustments to approved conditional use approvals and inspection during
development under a conditional use approval.
(1) Authorized. After a conditional use has been approved, adjustments may be
approved for major or minor deviations as set forth in subsections (b)(3) and (b)(4)
of this section.
(2) Inspections by department of planning. Following issuance of a conditional use
approval, the dir~ctor of planning director shall review on a quarterly basis until the
completion of the development all permits issued and construction undertaken, shall
compare actual development and the approved plans and permits for development
and the approved development schedule, if any, and shall report his fmdings in
writing to the planning commission.
(3) Minor deviations. The director of planning director may approve a minor
deviation from the fmal development plan and schedule. Minor deviations must be
authorized in writing and are subject to administrative appeal to the planning
commission. Minor deviations that may be authorized are those that appear
necessary in light of technical and engineering considerations brought to light by
the applicant or the director of planning director and shall be limited to the
following:
a. Alteration of the location of any road or walkway by not more than five
feet;
b. Reduction of the total amount of open space by not more than five
percent or reduction of the yard area or open space associated with any
single structure by not more than five percent, provided that such reduction
does not permit the required open space to be less than that required by
section 130-157; and
c. Alteration of the location, type or quality of required landscaping
elements of the conditional use permit.
(4) Major deviations. If the holder of an approved conditional use wishes to make
an adjustment to the approval that is not a minor deviation, approval of the planning
commission in accordance with the provisions of subsection (b)(5) of this section
must be obtained. If the director of planning director fmds that the development is
not proceeding in substantial accordance with the approved plans or schedule or
that it fails in any other respect to comply with the conditional use approval issued
or any provision contained in this chapter, that director shall immediately notify the
developmem re'/iew coordinator planning director and the planning commission
and may, if necessary for the protection of the public health, safety or welfare,
notify the building official to issue a temporary order stopping any and all work on
the development until such time as any noncompliance is cured. No action may be
taken by the planning commission that effectively amends the conditional use
approval except by way of the procedures set out in section 110-70.
(5) Action by the planning commission. Within 30 working days following
notification by the director of planning director that work is not proceeding in
substantial accordance with the approved plans or schedule or in some other respect
is not in compliance with the conditional use approval, the commission shall:
a. Determine that action be taken to bring development into substantial
compliance;
b. Determine that the conditional use approval be revoked; or
c. Authorize adjustments to the approved conditional use approval when
such adjustments appear necessary in light of technical or engineering
considerations first discovered during actual development and not
reasonably anticipated during the initial approval process. Such adjustments
shall be consistent with the intent and purpose of the conditional use
approval as permitted, and shall be the minimum necessary to overcome the
particular difficulty. No adjustment shall be inconsistent with the
requirements of this chapter. Prior to considering action on such
adjustments, the planning commission shall make inquiry of any person
having information that may relate to the basis for consideration of an
adjustment, but shall act as promptly and as expeditiously as possible. If the
planning commission determines that an adjustment is necessary, it may,
without public hearing, approve the following adjustments, provided that
such adjustments do not have the effect of reducing the open space required
under the provisions of section 130-157:
1. Alteration of the bulk regulations for anyone structure by not
more than five percent;
2. Alteration of the location of anyone structure or group of
structures by not more than ten feet; and
3. Alterations of such other requirements or conditions as were
imposed in the approval of the conditional use or in approval of the
fmal development plan by not more than five percent or, in the case
of location, a variation of not more than ten feet from the location
approved in the fmal plan, so long as in all cases such adjustments
are in accord with the parameters established in the conditional use
approval.
d. In the event the building official has issued a temporary order stopping
work as provided for herein, the planning commission shall, within 30
working days from the date of the issuance of the temporary order:
1. Proceed to revoke the conditional use approval; or
2. Overrule the action of the building official, in which case the
temporary order shall irnmediatel y become null and void.
(6) Appeal before hearing officer. The holder of a conditional use approval
aggrieved by the decision of the planning commission made pursuant to subsection
(b)(5) of this section may request an appeal before a hearing officer under chapter
102, article VI, division 2 by filing the notice required by that article within 30 days
of the date of the written decision of the planning commission.
(c) Other adjustments. Any other adjustments or changes not specified in subsection
(b) of this section shall be granted only in accordance with procedures for original
approval of a conditional use, as set forth in section 110-63 et seq.
(d) Inspections after development.
(1) Inspections by planning department. Following completion of the development
of a conditional use, the planning department shall review the development for
compliance with the use as approved. If it is determined that the conditional use has
been developed in accordance with the approval, then a certificate of occupancy
shall be issued in accordance with section 6-145. If the director of planning director
fmds that the development, as completed, fails in any respect to comply with the
use as approved, he shall immediately notify the building official, the development
re'/iew coor-diflator, the planning commission, the board of county commissioners,
and the applicant of such fact. The building official shall not issue a certificate of
occupancy pursuant to section 6-145 until the planning commission has acted on
the planning director's notification of noncompliance. Sf*lf
(2) Action by planning commission. Within 30 working days following
notification by the director of planning director, the commission shall:
a. Recommend that the fmding of the director of planning director be
overruled;
b. Recommend to the applicant modifications in the development to bring
it into accord with the terms and provisions of the fmal plan approval and
the conditional use permit; or
c. Revoke the conditional use permit, as well as all prior approvals and
related or resulting permits.
(3) Appeal before hearing officer. The holder of a conditional use approval
aggrieved by the decision of the planning commission pursuant to subsection (b)(5)
of this section may request an appeal before a hearing officer under chapter 102,
article VI, division 2 by filing the notice required by that article within 30 days of
the date of the written decision of the planning commission
Section 9. Section 110-98 shall be amended as follows (deletions are stricken through.
and additions are underlined):
See. 110-98. Preliminary plat approval.
(a) Generally. All applicants for approval of a plat involving five or more lots shall
submit a preliminary plat for approval in accordance with the provisions of this section.
(b) Application. An application for preliminary approval shall be submitted to the
development review coordinator planning director in accordance with the provisions of
this section, accompanied by a nonrefundable fee as established from time to time by
the board of county commissioners. The application shall contain the information
required on a form provided by the direct-or of planning director.
(c) Staff review. After a determination that the application for preliminary plat
approval is complete under the provisions of section 110-4, the deyelopment re'/iew
coordinator planning director shall submit the application to the development review
committee, which shall prepare a recommendation and report for the commission.
(d) Public hearing and action by the planning commission. The planning commission
shall conduct a public hearing on an application for preliminary plat approval of a
subdivision involving five or more lots, in accordance with the requirements of sections
11 0-6 and 110-7. The commission shall review such applications, the recommendation
of the development review committee, and the testimony at the public hearing, and
shall recommend granting preliminary plat approval, granting approval subject to
specified conditions, or denying the application at its next meeting following submittal
of the report and recommendation of the development review committee.
(e) Effect of approval of preliminary plat. Approval of a preliminary plat shall not
constitute approval of a fmal plat or permission to proceed with development. Such
approval shall constitute only authorization to proceed with the preparation of such
documents as are required by the director of planning director for a final plat.
(f) Limitation on approval of preliminary plat. An application for final plat approval
shall be filed within one year of the date of preliminary plat approval. Unless an
extension is granted by the board of county commissioners, failure to file such an
application automatically shall render null and void the preliminary approval previously
granted by the board.
Section 10. Section 110-99 shall be amended as follows (deletions are stricken through.
and additions are underlined):
See. 110-99. Final plat approval.
(a) Generally. All applicants for approval of a plat shall submit a fmal plat for
approval in accordance with the provisions of this section.
(b) Application. It shall be the responsibility of the developer to complete, have in
fmal form, and submit to the de'/elopment review coordmator planning director for
final processing the final plat, along with all fmal construction plans, required
documents, exhibits, legal instruments to guarantee performance, certificates properly
executed by all required agencies and parties as required in this article, and the
recording fee, and any other documents or information as are required by the director of
planning director. After receipt of a complete application for fmal plat approval, as
determined in accordance with section 110-4, the development re':iew comdinator
planning director shall submit the application and accompanying documents to the
development review committee.
(c) Review and action by development review committee. The development review
committee shall review all applications for fmal plat approval.
(1) If the committee determines that a fmal plat for a subdivision involving fewer
than five lots conforms to the substantive and procedural requirements of this
chapter, the committee shall approve the fmal plat or approve it with conditions at
its next regular meeting 15 working days after receipt of a complete application
from the de'/elopment r-evie'll coordinator planning director, or as soon thereafter as
practical. Final plats that are approved by the committee shall be placed on the
consent agenda of the next regularly scheduled meeting of the board of county
commissioners and shall become fmal unless removed from the consent agenda by
the affirmative vote of three members of the board. If a fmal plat is removed from
the consent agenda, the board shall not modify or reject the decision of the
committee unless the board fmds that the record does not contain competent
substantial evidence to support approval. If the committee denies fmal plat approval,
the applicant may appeal such denial to the board, which shall consider the
application and any additional testimony submitted by the applicant and other
persons and shall approve the fmal plat, approve it with conditions, or deny fmal
plat approval.
(2) For a fmal plat for a subdivision involving five or more lots, if the plat
conforms to the approved preliminary plat and the substantive and procedural
requirements of this chapter, at its next regular meeting or as soon as practical after
receipt of a complete application, the development review committee shall
recommend to the planning commission approval of the fmal plat or approval with
conditions. If the committee fmds that the plat does not substantially conform to the
approved preliminary plat or the substantive and procedural requirements of this
chapter, the committee shall recommend denial, specifying the area of
nonconformity.
(d) Review and action by the planning commission. The planning commission shall
review all applications for final plat approval involving five or more lots and the
recommendation of the development review committee. If the commission fmds that
the fmal plat conforms to the approved preliminary plat and the substantive and
procedural requirements of this chapter, and commission shall recommend to the board
of county commissioners approval of the fmal plat, or approval with specified
conditions, and shall submit a report and written fmdings in accordance with section
11 0- 7.
(e) Public hearing by the board of county commissioners. The board of county
commissioners shall conduct a public hearing on all applications for fmal plat approval
involving five or more lots in accordance with the procedures of section 11O-6(c).
(f) Action by the board of county commissioners. For proposed subdivisions involving
five or more lots, the board of county commissioners shall review the application, the
recommendations of the development review committee and the planning commission,
and the testimony at the public hearing, and shall grant fmal plat approval, grant
approval subject to specified conditions, or deny the application, in accordance with the
provisions of section 110-7.
Section 11. Severabilitv.
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.
Section 12. Conflictinl! 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 13. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 14. Filinl!.
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 Department of Community Mfairs or
Administration Commission approving the ordinance.
Section 15. 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 16. 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 ,2010.
Mayor Sylvia Murphy
Mayor pro tern Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By
By
Deputy Clerk
Mayor Sylvia Murphy