HomeMy WebLinkAboutItem S5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Febrwuy 17. 2010
Division: Growth Management
Bulk Item: Yes
No ..K..
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 102-21 and 6-55 to
revise the Planning Director's qualifications and duties; eliminate the position and description of the
development review coordinator; amend the development review committee duties; relocate within the code
the duties of the building official; and eliminate the divisions of capital improvements planning~ land use
planning~ and environmental resources in the Monroe County Code.
ITEM BACKGROUND: The current text within the Land Development Code describing the job
qualifications and functioning of the Planning & Environmental Resources Department is outdated.
Additiona1ly~ specific job descriptions are not appropriate in the code. It is apparent that the current
regulations for the 'department of planning' were to apply to the entire division now known as the 'growth
management division'. Therefore, current responsibilities of the department of planning need to be updated
so that they do not include the responsibilities of the growth management division. In addition, updates to
the text are necessary concerning the planning director position~ the development review coordinator
position, the development review committee~ the building official position~ the division of capital
improvements planning, the land use planning division and the environmental resources division. The
Planning Commission at its November 4, 2009 recommended approval of the ordinance by Resolution No.
P52-09 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 ..K..
AMOUNT PER MONTH: n/a YEAR: n/a
APPROVED BY: County Atty ..K..
OMBlPurchasing
Risk Management _
DOCUMENTATION: Included..K..
Not Required _
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional amifair
To:
Monroe County Board of County Commissioners
From:
.
C~~tine ~urley, AICP (\ \f\\\\h\}r"~
DIVISion DIrector V ~ -
February 2, 2010
Date:
RE:
Proposed Ordinance to Amend Section 102-21 and Section 6-55 of the
Monroe County Code
The above referenced ordinance which is attached for your consideration has been
slightly modified from the version recommended for approval by the Planning
Commission at its November 4, 2009 meeting.
On page four of the ordinance under Section (2)d, the word "draft" has been added so the
applicant is aware that at the time of the Development Review Committee (DRC)
meeting the staff report prepared is only a draft prior to comment by the DRC. On the
same paget Section (2)f. was addedt which requires that a final staff report be prepared
after the DRC meeting including recommendations and other relevant information for
those items proceeding to the Planning Commission.
These two changes have been double underlined in the ordinance and staff report for your
convenience.
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To:
Through:
From:
Date:
Subject:
Meeting:
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
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 I, 2009
Proposed Ordinance to the Board of County Commissioners to amend Section
102-21 of the Monroe County Code, Department of planning and to amend
Section 6-55, Building Department
February 17, 2010
I
2 I REOUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of ~102-21 and ~6-55 of the Monroe County Code.
6
7 II RELEVANT PRIOR COUNTY ACTIONS:
8
9 The proposed text amendments were reviewed at the August 18.2009 meeting of the Monroe
10 County Development Review Committee. Several revisions to the proposed text
11 amendments were discussed and applied at that time.
12
13 The proposed text amendments were reviewed at the October 7, 2009 and November 4.2009
14 public hearings of the Monroe County Planning Commission. Several revisions to the
15 proposed text amendments were discussed and applied at that time.
16
17 III BACKGROUND INFORMATION
18
19 The Board of County Commissioners (BOCC) directed staff to change the requirements for
20 the qualifications of the planning director.
21
22 IV REVIEW
23
24 The current text within the Land Development Code describing the job qualifications and
25 fimctioning of the Planning & Environmental Resources Department is outdated.
26
27 It is apparent that the current regulations for the 'department of planning' were to apply to the
28 entire division now known as the 'growth management division'. Therefore, current
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1 responsibilities of the department of planning need to be updated so that they do not include the
2 responsibilities of the growth management division. Therefore, staff is recommending that
3 ~102-21(a) be amended to clarify that the department of planning does not oversee or
4 otherwise include the building department and the code enforcement department. In addition,
5 there are currently no divisions formally known as capital improvements planning and land use
6 planning.
7
8 Concerning the planning director position, the duties of personnel are prescribed by job
9 descriptions as approved by the Human Resources Department. Therefore, following BOCC
10 guidance, staff is recommending the removal of the stated qualifications from the ~102-21(b).
11 This will provide the county administrator and the BOCC with more flexibility when hiring a
12 planning director. In addition, staff modified the responsibilities of the planning director to
13 reflect current practice.
14
15 Concerning the development review coordinator position, the position of development review
16 coordinator has been eliminated in the Planning & Environmental Resources Department. All
17 responsibilities of the position have been assumed by the planning director and the principal
18 current planner. Therefore, staff is recommending that ~102-21(c) be deleted.
19
20 Concerning the development review committee, the composition of the committee should vary
21 depending on the type of application being considered. Furthermore, the responsibilities of the
22 committee should be amended to reflect current practice. Therefore, staff is recommending
23 several changes to ~102-21(d) [to be renumbered ~102-21(c)].
24
25 Concerning the building official position, his or her qualifications should not be provided in the
26 Land Development Code as they are already addressed in the more appropriate section of the
27 Monroe County Code, ~6-55, Building Department. Therefore, staff is recommending that the
28 current ~102-21(e) be deleted and the responsibilities of the building official described in that
29 section be relocated to ~6-55(c).
30
31 Concerning the division of capital improvements planning and land use planning division,
32 these divisions do not formally exist and their intended responsibilities have been assumed by
33 the planning department. Therefore, staffis recommending that ~102-21(f) and ~102-21(g) be
34 deleted.
35
36 Concerning the environmental resources division, this division has been merged with the
37 planning department to form what is currently known as the Planning & Environmental
38 Resources Department. Therefore, staff is recommending that ~102-21(h) be deleted.
39
40 Therefore, Staff recommends the following changes (deletions are stflel€efl tftretigft and
41 additions are underlined):
42
43 Sec. 102-21. Department of planning.
44
45 (a) Duties; composition. The department of planning shall perform the planning functions for the
46 county and shall provide technical support and guidance for action on applications for
47 development approval and shall perform such other functions as may be requested by the board of
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county commissioners or the planning commission. The depa.RmeBt sf pllHHiing shall he
eompssed of a tJuilding divisioa, de\'elopmeat ftWi&'N di-visioB, di-"lisisB of eapital impfevemems
pl8lHling, dY/isioB of ew:ifeDfBeMal FeseHfees, a tIfr:isiaB af leBd 1I5e plBftRiBg BRd a di-visioB of
ease eaFereemeat.
(b) Direetar af pl8lHling Planning Director.
(1) Creation and appointment. The sireeler efpl8ftRiBg skall he the depaftmeat heaEl ef
1ke departBleat sf pl&nRiBg &lid shall he seleeted tJy 1ke eoURty aElmiBisa=ater aad
eORfirmed by 1ke he8Rl of ea1:Hlly eemmissioR8fs. There shall be a planning director
selected and ap,proved by the ap.Jlfopriate division director and the county administrator.
and the board of county commissioners if desired.
(2) Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties
that may be conferred upon the diFeeter sf planning director by other provisions of this
Code, the direeter efplanning director shall have the followingjurisdiction, authority and
duties:
a. To serve as staff to the planning commission and to infonn such body of all
facts and infonnation at his disposal with respect to applications for development
approval or any other matters brought before it;
b. To assist the planning commission in the review of the plan, including the
capital improvements program, these regulations and proposed amendments
thereto;
c. To maintain the official land use district map and to make BR BnRY81 ~
presentation of the map to the board of county commissioners for certification
when the land use map is updated;
d. To maintain development review files and other public records related to the
department's affairs;
e. To review, or cause to be reviewed, all applications for major conditional use
pennits and plat approval~;
f. To review and approve. approve with conditions. or deny all applications eF
diSftJlpFeye applieatioRs for minor conditional use penn its;
g. To recommend amendments to the plan and this chapter;
h. To render interpretations of the plan, this chapter or the boundaries of the
official land use district map and future land use map;
i. To evaluate and act upon claims of nonconfonning uses and structures;
j. To work to coordinate all local, regional, state and federal environmental and
other land development pennitting processes affecting development in the
county;
k. To plan for and evaluate all transportation improvements for the county, and
coordinate such activities with the Florida Department of Transportation;
1. To issue certificates of compliance and sign pre-application conference letters
of understanding in accordance with the procedures set forth in the plan;
m. TEl eBfeft'le ftRj' pr8'/isiaB efthis eh.apter ar ftR:Y atBer previsiElft afthis Cede;
fh- m. To establish such rules of procedure necessary for the administration of
his responsibilities under the plan; and
e. n. Whenever requested to do so by the county administrator or the board of
county commissioners, with the assistance of other county departments, to
conduct or cause to be conducted surveys, investigations and studies, and to
prepare or cause to be prepared such reports, maps, photographs, charts and
exhibits as may be requested.
(3) MiBimwR lijY8lifieatioos. 'The difeeter efpllHlfliBg shall have the fellewiBg minimlHB
eeademie anEI pfEJfessisB81 ~alifieatisBs:
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a. Master af llfI:lan ar regiClBal ~lamling aT pRetie atlmiaist:F&tiaB ar ea!Bl3&f8ide
degree &em. 8B ae6feetifeEll:lDi-...efSity;
e. Tea yellfS' ~erieBee ia pRe tie atlmiaistratioa aT laBs plenBing; aaEl
6. Five years af stIfIervisery euperieaee.
(e) Develapmeat r&"liw:t eaaminater.
(I) Oeatioa anet appaia1Rieat. The EI&"/elapmeRt re'lie'W eeeFdiBater skall ee a memBer
sf 1ke Elep8:ftmeat af pl8BIliRg &Bet repert to the eo~' atlmiBisWter tki:e1:lgk tke Elifeeier.
(2) MiRimam Eftlalifieatieas. The se>'/elepmeat Feviw:: eeerdinater shall kave the
fellewiag miaiml:lfB. aeaElemie Met pFefessiaaall:lHftlifieatiaas:
a. Master elf llfI:laa Me Fegteaal plaftRing ar pahlie atlmiBisifatiaa ar eeHl:f.laFaele
etegree fFem aa aeerediteel URivefS~';
e. Three ye8fS' 8*periElBee in ~lanBiRg aT ii58aing. inehlaiHg site plElfi re'/ie'N; aaet
e. MiniHMHB eae year ef sy.pefVisery enpefiElaes.
(3) DJ:H.ies. The sevelapmeat Fw/iw:/ eeamiBatar shall ltaye the felle';:iBg ElJ:H.ies:
8. Te eel Il:S an emlll;lElslBaB te Elflplieams fer sw.'elapmeat appre'/al ey
faeilitating 8ft&, ta the ~eat passiele. 8*peetitiag. eempliMee "IRk 1ke
reEftliFemeBts ef these regu.latiaBs;
B. To serve as eh.air af the EI&"/elapmeat fe'lie'..: eemmN:tee Md to prep8fe fer the
difeetar af planaiBg's sigaature all pFeElflplieatiaa eeBfefeaee letters of
ooaeFStaHeting;
e. Te 'Nark ':;i1k regiaBal. state &Ad Haeml peFfll.iU:iBg ageaeies;
d. Ta eleteflBine the ealBflleteaess af applieatiaas far eoBditiaaal1:lse aBet plat
9flPFe'.'al;
e. Ta 6$se pyl;llieatisa afaetiee efkeariRgs eft eeRElitiaftalHse ar plat &flpmYal
appIieatieas;
f. To issue eeaditieaal1:lse pefIBKs after Elflpre':al ey Eleeisieft making eedies;
8IHi
g. Te seti':er [mal plats te the esWlty elerk fer reeeFEliRg after appreval.
tEl1 klDevelopment review committee.
(1) Creation and composition. As required for the items being reviewed. the
development review committee shall be composed of the Elifeeter efplanning director or
his or her designee and the planner in charge of the particular item being considered. and
depending on the application beinsz reviewed. may also include the dW/ele~meBt F&"/i8l.'1
eaoFElmater, the Elifeeiers FeIlFeSeRtatp/es eftke eeURty's public works ElepartlBeBt
division personnel. health deparhnent personnel. eagineeriHg f)efSeflDel. the building
official or his or her designee. ~ il county biologist and any other county employee or
official designated by the county administrator or the planning director. The development
review committee also may skeylet include representatives of each local, regional. state or
federal agency that has entered into an intergovernmental agreement with the county for
coordinated development review when appropriate. A representative of the department of
community affairs shall serve as an ex officio member of the development review
committee as long as the county is located within an area of critical state concern.
(2) Duties. The development review committee shall have the following duties:
a. To meet at least twiee once a month to consider such business as is prescribed
by this article including:
I. MeetiBg '.':iik ~' ete-veleper at a ~l'Mpplieatieft eeBfeFeftse '.vileR
FeEj:Resleet ar reEftlir'8d pl:lfsoont ta die previsieas af this ek&f)tef;
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~ 1....Reviewing all applications for development approval as set forth in
the code. eRa FepsAiag its feesHlftumaatieas te the pl8ftBiBg eemmissisR,
the hen of eoliMy eeHHBissieaefS 8REl1Be plEHmiRg ElifeeteF; and
~ 2. Reviewing all applications for amendments to the plan.
b. To maintain such minutes and records as are required by state law.
c. Any action reviewing a penn it application shall not preclude the applicant's
right to be present when his project is discussed before this body.
d. Draft staff reports prepared for the items before the development review
committee shall be given to the planning director and the applicant.
e. Public comments by members not in the department of planning may be in
writing and delivered to the development review committee. the planning
director. and communicated to the applicant.
f. A final staff reoort. considerinl! Develooment Review Committee
recommendations and other relevant infonnation shall be oreoared after the
Develooment Review Committee meetinl! for those items oroceedinll to the
Planninll CQmmission.
(e) Bailding offieial.
(1) Cfeatioa and 8pfloiDt;meRt. The hailaiBg effieial sitall be seleetea by the aireeter ef
pl8BJliRg 81ui fepoft te the eeYBt;y &EkBiBistfater throagk #Ie Elifeeter.
(2) Jurisaietioa, IN:Ithef#j' eRa Elaties. In. MeiaeR te 1Be jl:lrisElietisR, &Y.#Isr#y anEl Elaties
that may be eoaferred aft the building offieial by etller provisiafts af this Cede, tile
hHildmg otIieial shallltave the fello....:iBgjarisaietioft, lHHIiority eRa Eleties:
a. Ta iSSHe eRa fe7lake huilamg permits in aeeardanee with the proeeElw'Els af
tltis eitapter;
1:1. To issae and fe'leke eeftifieates of oeeup8IieY m aeeortlanee with the
pmeeEll;lfes of this eltapter;
e. Te serve eft tile d&'/elepmeat F8"li8"N eOBHJliUee;
d. To eRfoFee the pFevisioas eftltis eitapter;
e. Te dMefRtiBe 1Be euteBt sf dBfB&ge er aest:Rlet1.sft of RORSeREerming Hses &Bd
~es, in eeepef8tieB ...Ath the Elifeetar sf plftllBing;
f. Ta reyiew huilEling pefIBit applieatioBs far fepair within 8:feas of speeial floeEl
~ te deteRBine that the preposed fepair satisfies the fe(;}l;lifemems of the
floeElplaiB lII:8:B:ftgeHleat pFevisieBs (lftltis elt:apter;
g. Te re'/iev.' 9tiilEliBg peMit applieatieRs fer Rew eeRsB=u.eaSR ar saestaRtial
imprevemeftt within areas of Sfleeial fteed hEmlf'a to eB.SUfe that the pr(lpesee
eaRstrnetieB (iBeladiag flrefa9rieated &REI mobile itomes) satisfies the fleeElplaiB
managemeat re(;}l;lH:emelHs ef this eliapter;
it. Te aW/ise permittees that additioaal fedef8l or state flermits may be reEJ.uifed,
&Rd if speeifie fedeFal. ef state peMits 8fe kne'.'m te ha'Je heea issHed, te l'e(;}l;lH=e
that eepies of saeit peffftRs he el:ltaiRed &RElllf9"/iElet! 8:Ra maifttaiBed OR file with.
tlte bailding pel'Hlit applieatioa;
i. Ta Ratify aSjaeeRt eeR'lllHHlities an6 t;he FlariEla DepaFtmeftt af CaRlmHBity
:\ffairs prior to any alteratioR or reloeatioa of a '.vatereeurse, &REI te &Nhmit
evideRee sf SHeil RetifieatieR to tite Fedefal EmefgeB.ey Mllflftgemeat }~geRey;
j. To eB.SHfe that maiftteftanee is pre-lideEl '../ithiB the altered er releeated peRieR
of a watereeurse sa that the fleot! earryiBg eapaeity is Bet aimiBislied;
k. Te verify and feeeFEl the aetH&I el8"latieR (m relatioR te FReaR sea le-'/el) eftlte
le'llest fleer (iBelHEling l:IasemeRt) ef &II Rew er sHbstafttially imt:lroved stmetwes;
I. Ts '/efify and feeSM the aemel ele':l1asR (iB FeIstieR te mean sea.le:'/el) tEl
wliieh the R8".'/ ar saesmMial~ iHlpre-/eEl 9HueQH:eS ita'/e heeR floodproefeEl;
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m. IB eeastal high h&2md &feas, ~ F0'/i81N eeftifieatiaRs eBtaiBed gam
fegisteFes prefessieRal eRgiReefS af &feh.iteets that the strnetme is see1:lfely
&Rs8ered te aaeElUfttely aaelIered pilings ar eahmms iB eFEier ta 'NR;Rst=aRd
'.'eleeit)' 'lllNefS and hwrie&Re ';Ja'/e ......ash.;
R. T e make intelpretatiens, as aeede&, as te the eKaet leeaa8R sf haBBdaries af
the areas af speeial geed 8~;
a. WheR 8ase Read elel/anaft data Bas aet 13eeD provided in aeeefElaaee 'Nit:h
ahepler 122, to ehtaiR, Fe"/ie-w aad FeasaRahly use any hase f:Iaas el81latieR date
av&il~le fFem a fedef8l, state ar ~r saBree iR aFEler te aEimiRistef the
gaedplaiR maB8gemeBt pre'/isiaRs of this ahal*<<; and
p. Te provide the hOMS ef eeWlty ealBfBissiaRefS &Re 1:he fll8RIliBg eOHHBissiaR
'Nit:h Fepsrts aBEI FeeeRlfBeRMtiaRs '.VHh fespeet te matters her ere SHek hadies, 85
sWeeted ay the ao8l'6 of eatiftty eemmissiaReFS, phmniBg difeeter, er the eeaMy
aElministFater.
(f) Di'lisieR ef eapMl impre...emeMs pl8:llftiBg. The eapital HBpFe'/smeftts plarJiiBg eeeRliBator
shall ae FespaftSihle fer ewHM ane leBg FaRge tmftspertatieR aRd ether eapKel impl'w/emeats
pJ8flBiBg &Rd shall he 1:he seY:9ty's ElesigRateElliaiseB with the Flerida Dep8l1RleBt of
Tf&B.speFtatieR. The eeeF6inater shall meRiter the eSBBty's traaspoltatioft S)'stem, pfep8fe &R
8:8Bual FepeFt aI1EI eapMl improvemeBts plaa fer the seamy anEl weFk wit:h the depefbReBt ef
puelie 'Narks BBd a:tker eaHnty depa.rtmeRts ta implemeBt the eeHRty's eapital ifR.provemeDts pis.
(g) L&Rdase pllHHl:iag divisieR. There skell ae a lane lise planRing eeeFEliRater .,:he shaH ae
FespeRsihJe fer the land ase fllar.niRg faRetieR af the Elepartmeftt ef pl8:B:Ring, iRekiEling
pftlp8fatieR ef l!pElates of Elata aaa I&REI use IR&fIs, anaual FElflsm:e.g eR 1&B4 Nse wads and pattems
andleBg FftRge pJanRing. The eoaFEliRater shall pFepare 8:8 anR1:I&l fepert eft the eeunty's
eomflreheftsi-'/e plftB far the dkeeter efflJ&r.Ring.
(8) BwlifeBfHeaml ftlseHfees ei'lisieB. There shall he &R eB"/iroemeRtal Fesoarees eesRliRater
':;l=Ie shall Be respoftsiaJe fer the ea-vifeBfHeataJ FeseYf'ees flhmBing sf the eeHBty and serve 85 the
eeooty 13ielogist. 1ft HEImeR te the dP/isieRrs plaBBiBg MetieRS 8fiEi the duties performea by the
eaHftty \3ielegist, the diFeeter sf phmniBg may delegate te the di-visieB fespaRsihilily fer Fevie....:
€If eavirelHBeBtalaspeetB ef El8l'lelsfllBeBt pefiRHtmg and eeeFEliBa8Rg iBtemgeBey (state 8:Bd
fedeFal) pelBl~.
Sec. 6-55. Building department.
(a) Organization and administration. There is hereby established a department called the
building department headed by the building official. Upon recommendation of the county
administrator, the department shall be assigned to the division of county government that the
board of county commissioners determines appropriate. The county administrator with the
approval of the board of county commissioners shall designate the building official.
(b) Employee qualifications. The building official shall be licensed as a building code
administrator by the state. All appointed or hired inspectors and plan examiners shall meet the
qualifications for licensing in the appropriate trade as established by the state.
(c) Building official authority and duties. The building official shall have authority to
administer, interpret, and enforce provisions of the Florida Building Code, flood plain
management regulations. and this chapter. Such authority, jurisdiction, and duties shall include
the following:
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(1) To process building permit applications and issue and revoke building permits;
(2) To inspect sites, buildings and structures as required by this chapter, the Florida
Building Code and the Standard Unsafe Building Abatement Code;
(3) To issue and revoke certificates of occupancy;
(4) To maintain building permit, fmancial, and other public records related to the
department's affairs;
(5) To establish such policies and procedures necessary for the administration of his
responsibilities under the Florida Building Code and this chapter;
(6) To provide a recording secretary for the pwpose of keeping the board of adjustment
and appeals;
(7) To be the official source to render interpretations of this chapter and the Florida
Building Code;
(8) To enforce provisions of the Florida Building Code and this chapter;
(9) To issue stop work orders; and
(10) To conduct all other such duties and responsibilities as are otherwise required by
this chapter.
(1) To determine the extent of damage or destruction of nonconforming uses and
structures, in cooperation with the planning director:
(2) To review building permit applications for repair within areas of special flood
hazard to determine that the proposed repair satisfies the requirements of the floodplain
management provisions of the code:
(3) To review building permit applications for new construction or substantial
improvement within areas of special flood hazard to ensure that the proposed
construction (including prefabricated and mobile homes) satisfies the floodplain
management requirements of the code:
(4) To advise permittees that additional federal or state permits may be required. and if
specific federal or state permits are known to have been issued. to require that copies of
such permits be obtained and provided and maintained on file with the building permit
application:
( 15) To notitY adiacent communities and the Florida Department of Community Affairs
prior to any alteration or relocation of a watercourse. and to submit evidence of such
notification to the Federal Emergency Management Agency:
(16) To ensure that maintenance is provided within the altered or relocated portion of a
watercourse so that the flood-carrying capacity is not diminished:
(7) To verify and record the actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved structures:
(18) To veritY and record the actual elevation (in relation to mean sea level) to which
the new or substantially improved structures have been floodproofed:
(19) In coastal high-hazard areas. to review certifications obtained from registered
professional engineers or architects that the structure is securely anchored to adequately
anchored pilings or columns in order to withstand velocity waters and hurricane wave
wash:
(20) To make intel:pretations. as needed. as to the exact location of boundaries of the
areas of special flood hazard:
(21) When base flood elevation data has not been provided in accordance with chapter
122. to obtain. review and reasonably use any base flood elevation data available from a
federal. state or other source in order to administer the floodplain management provisions
of the code: and
(22) To provide the board of county commissioners and the planning commission with
reports and recommendations with respect to matters before such bodies. as directed by
I the board of county commissioners. growth management division director or planning
2 director. or the county administrator.
3
4 Staffhas found that the proposed text amendments would be consistent with the provisions of
5 ~102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
6 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
7 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
8 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
9 additional detail or comprehensiveness; or 6. Data updates. Specifically, staffhas found that
10 the proposed text amendments are necessary due to new issues and recognition of a need for
11 additional detail.
12
13 V RECOMMENDATION
14
15 Staff recommends that the Board of County Commissioners amend the Monroe
16 County Code as stated in the text of this staff report.
Page 80f8
ORDINANCE - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 102-21 REGARDING THE
DEPARTMENT OF PLANNING; AMENDING MONROE
COUNTY CODE SECTION 6-55 REGARDING THE
BUILDING DEPARTMENT AND UPDATING THE
QUALIFICATIONS AND DUTIES OF THE PLANNING
DIRECTOR; ELIMINATING SPECIFIC JOB DESCRIPTIONS
FOR OTHER POSITIONS; AMENDING THE DUTIES OF
THE DEVELOPMENT REVIEW COMMITTEE; DELETING
OBSOLETE PROVISIONS; PLACING THE DUTIES AND
RESPONSIBILITIES OF THE BUILDING OFFICIAL IN A
SINGLE LOCATION IN CHAPTER 6 OF THE MONROE
COUNTY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has directed staff to change the
requirements for the qualifications of the Planning Director; and
WHEREAS, the current text describing the job qualifications and functioning of the
planning department is outdated; and
WHEREAS, the positions and duties of personnel are prescribed by job description in
each department, approved by the Human Resources Department; and
WHEREAS, the composition of the divisions and departments of county government are
determined by the County Administrator and the Board of County Commissioners and
should have a flexible component not constrained by ordinance; and
WHEREAS, it is apparent that the current regulations for the department of planning
were to apply to the entire division now known as the Growth Management Division and
the terminology has changed since the regulations were written; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 110-21 shall be amended as follows (deletions are strielteB tme\:lgft
and additions are underlined):
Sec. 102-21. Department of planning.
Page 1 of9
(a) Duties; composition. The department of planning shall perform the planning
functions for the county and shall provide technical support and guidance for action on
applications for development approval and shall perform such other functions as may be
requested by the board of county commissioners or the planning commission. +fie
aepartfBen.t af planning shell be eomposea of a bliilding division, d67:~I(')pmem Ftwiev.r
eliTlisisB, Elh'isieB Elf eapital imprElvemeBm pla:ani:ag, divisieB af ew;ironmenta1 resomees,
a eliTlisisB sf 18:BEluse pla:mriBg 8:ftEI a ElFlisisB ef eede eBfereelBeftt.
(b) Difeeter efplamHng Planning Director.
(1) Creation and appointment. The aifeeter afplamiftg sfiall be tlie Elefla.rtmeBt
head of the aepartmeBt ofplmmi-Bg and shall be seleeted by the eetiflty
a6minisa.=ator a&6 esBfumed by tlie boafd of eaooty eOmn.UssioBers. There shall
be a planning director selected and approved by the appropriate division director
and the county administrator. and the board of county commissioners if desired.
(2) Jurisdiction, authority and duties. In addition to the jurisdiction, authority and
duties that may be conferred upon the Elireetor of planning director by other
provisions of this Code, the Sifeeter af planning director shall have the following
jurisdiction, authority and duties:
a. To serve as staff to the planning commission and to inform such body
of all facts and information at his disposal with respect to applications for
development approval or any other matters brought before it;
b. To assist the planning commission in the review of the plan, including
the capital improvements program, these regulations and proposed
amendments thereto;
c. To maintain the official land use district map and to make 8:B 8:IlR1:lal. ~
presentation of the map to the board of county commissioners for
certification when the land use map is updated;
d. To maintain development review files and other public records related
to the department's affairs;
e. To review, or cause to be reviewed, all applications for major
conditional use permits and plat approval~;
f. To review and approve. approve with conditions. or deny all
applications or disaWFOT:e a):'llllieatieB:B for minor conditional use permits;
g. To recommend amendments to the plan and this chapter;
h. To render interpretations of the plan, this chapter or the boundaries of
the official land use district map and future land use map;
i. To evaluate and act upon claims of nonconforming uses and structures;
j. To work to coordinate all local, regional, state and federal
environmental and other land development permitting processes affecting
development in the county;
k. To plan for and evaluate all transportation improvements for the
county, and coordinate such activities with the Florida Department of
Transportation;
I. To issue certificates of compliance and sign pre-application conference
letters of understanding in accordance with the procedures set forth in the
plan;
Page 2 of9
m. To enferee MY ~FevisieR eftbis ekapter or aay ether ~re';isieR eftlHs
~
Ii:- m. To establish such rules of procedure necessary for the
administration of his responsibilities under the plan; and
6. n. Whenever requested to do so by the county administrator or the
board of county commissioners, with the assistance of other county
departments, to conduct or cause to be conducted surveys, investigations
and studies, and to prepare or cause to be prepared such reports, maps,
photographs, charts and exhibits as may be requested.
(3) MimnN:Im ~ifieations. The direetor of~lamHng shall have the following
m:in:imt1m. aeademie SBd pFefessieaal Ef\:l8:lifieatieBB:
a. Mesler ef l:IfbM ar regieBal J3laBBiRg af pahlie adm:inistFaaaR ar
eompamble degree from aB. ae6Fewtei H:fti.'o'/eFsity;
h. TeD years' ~flerieaee in ~ublie admffiistmtiOR or land f)latmiag; a&tl
e. PYle ye8fS af S1:lJ38Msary e*peneooe.
(6) De-~lelepmeftt P&'AWN eeeftti.Bater.
(1) Cz:eatiae. and appemweBt. 'The El&~lelopmeRt :review eoofdi:Bator shall be a
member ef 1:Be aepartmeBt ef ~1B:l'l!liftg and Fepart te t:lie e€lllBty administFater
thro~ tfte aifeeter.
(2) Mininmm quaHfieatieas. The ae'fele~IB0Bt Fevie'lt eeaFdiBatar shall awle the
folla'li.ng miBimum aeademie and ~rofessiaaal ~ifieatieft5:
a. Master of l:Ifb8ft 8Bd regional ~ltmning or pl-lblie admiBistFati6B ar
eempamhle aegee Hem 8ft ooeredited Ufl:iversity;
b. Thfee years' El*~erieaee in ~l~ ar zaRing, inel1:1Eliftg site ~lan
review; and
e. Mi:B:inwm one year of sl:l~eryisory ~periefl(le.
(3) Duties. 'The a&yelepmeBt l'eViev: eoofdinater shall have the follo\'liBg duties:
a. Te Bet 8B an em9uGsl'Ba:B. ta applieams far ElevelopmeBt approval by
faeilittlttag afttt, te the 0x:teBt ~essiBle, eKpedft.iBg, ea1Bf)lianee '::it:k 1fte
req1:1iremeDts af these FegulatiOl15;
b. Te serve 8B ehair ofth.e development reYie'l.'l eelMfJ:itwle Ma t6 ~Fepaf0
fer the Meter ef planniagts signatufe all ~reapplieatioR eonferenee letters
af 1:HlGersWlamg;
0. Te ','lerlc '1MB :regiena:l, smte 8Bd feaeml permitting &geBeies;
d. Ta determine the eelBflleleB0ss af ap~lieaael'lS far eel'lElitiaaal\:15e aBa
plat a~pra':a.J.;
e. Te eause p\:lblieation ofnatiee ofllearings OIl eonwtioe.al. \:15e ar ~Iat
aflPFe,fEll applieatiaBs;
f. T a iss1:le eaaGitieaal\:15e permits after appFtrlal by deeision making
bodies; ood
g. To deli~fer :final plats to the eOl:1fJ.ty elerk for Feeeratag after afl~ra'/al.
fElt klDevelopment review committee.
(1) Creation and composition. As required for the items being reviewed. the
development review committee shall be composed of the Gi:Feeter af planning
Page 3 of9
director or his or her desil;mee and the planner in char2e of the particular item
being considered. and depending on the application being reviewed. may also
include 1:8e ae';elepmeBt fe7.iew eeerGiBater, 1:Be difeetefS feJ'feseB1atives aftlle
eal:ll'ity's public works de13artmeftt division personnel. health department personnel.
eagineeriag perseBllel, the building official or his or her designee. the ~ county
biologist and any other county employee or official designated by the county
administrator or the planning director. The development review committee also
may she1:lld include representatives of each local, regional, state or federal agency
that has entered into an intergovernmental agreement with the county for
coordinated development review when appropriate. A representative of the
department of community affairs shall serve as an ex officio member of the
development review committee as long as the county is located within an area of
critical state concern.
(2) Duties. The development review committee shall have the following duties:
a. To meet at least PNiee once a month to consider such business as is
prescribed by this article including:
1. Meeting.Nith any developer at a pfeapplieatioR eOMereBee
...:heR :FeEttiestea er :Fe~a13lH'stHlftt te tke 13re'lisiellS ef1:hls
eDapter;
~ LReviewing all applications for development approval as set
forth in the code. anti Fepertmg Hs feeemmefu:latieBB te tile
13lanniftg eammissioB, 1:Be ee8fd. of eeHBty eel'BlBissieBefs a.nEi 1:Be
13lanniftg a.ireeter; and
~ 2. Reviewing all applications for amendments to the plan.
b. To maintain such minutes and records as are required by state law.
c. Any action reviewing a permit application shall not preclude the
applicant's right to be present when his project is discussed before this
body.
d. Draft staff reports prepared for the items before the development
review committee shall be lriven to the vlannin2 director and the avvlicant.
e. Public comments bv members not in the department of planning may
be in writing and delivered to the development review committee. the
planning director. and communicated to the applicant.
f. A final staffrenort. considerinu: Develonment Review Committee
recommendations and other relevant information shall be nrenared after
the Develonment Review Committee meetillll for those items nroceedinl!
to the Planninl! Commission.
(e) Building offieia!.
(l) Cf0fltiOR ana flppOiatm:eBt. The buildffig omeia! shaH be seleeted by the
Gifeeter €If plamriBg aBEt Fef)eft te1:Be eeHDty admiBislmter thmagh the difeeler.
(2) J1:lfisaietieB, aatfterity aBElGtities. lB aesitiaa ta 1:Be jwisaietiaa, fllitftenty 8:Ba
duties tftat lBtly ee eenferrea eR the building offieia! by otlier IUoyisioBS €If this
Code, the bwlaing offieia! shall have the followiagjwisdietioR, flathority afld
duties:
Page 4 of9
a. To issue and re'lok-e building permits in aeeorQanee '.vith the
proeedtifes of this eoopter;
b. Te issue 8:ftd Fe'"/eke eerti:fieates ef eeeap8:Bey ia aeeemaaee ':MIl !fie
pi'eeedl:ifes ef this ellapter;
6. Te SeflVe eB tfte 8e:'"/elepmeat l'tWie\': ee~e;
d. To eni-oree the provisiellS oftlHs ehapter;
e. To determine the eKtent of damage or destrlietien ofooBeonformiBg
1:i5es aas lSItrIieNfes~ in eeepefatieB .....4th the Meter efpla:nBiftg;
f. Te Fe'"lie'N bailaing peRB::it allPlieatiens fer FElf>air '.~1HltiB areas af
5fleeial ftoes ~ ta deterfni.ae tkat tke fll'0poSea Fef)ai:r satisfies tile
re~eBts ef tile ftoatlpla4B ~t prov1siaBS of tlHs eftallter;
'T' . L '...1:. . ... &: .
g. 1 0 reView vW wng pemut BPi' leations 1:01' Be..': soastnletion or
ooastaBtial im.provemem witlriR areas of speeial flood hazard to ensure that
t:Be propesea eeftStftleHeB Cinel1i6iag prefaerieatea anti mobile homes)
satisfies the tiaedfllaiB lfifl1lagemeat re~ems af this ehapter;
Ii. To ativ1se pefftli.ttees that atkYtieaal fedeFal af state flemHts may he
requireEl~ and if 5fleeifis fedem! or state permits are lmowft te have eeea
isooed, to reqwe that eOflies of suell flermits be obtained and pro"lided and
maiRta:iftes OR file with tile baildmg permit applieatieB;
i. Te Betify atijaeeBt eoBUlRiflities aB<J the Flanda DElf>artmeRt af
CeflHlHlBi.ty .A~ 13rier tEl 8ft)' akefatieB er rsleeatieB af a ':.'tltefSatlfSe~
and to su9mit e'lidenee of sooh ootifisation te the FedeFal Bmergeasy
Management ,,^..gen.ey;
j. To eB.SQfe tftat ma:iBtenaflse is pFeviaea 'lJHhiB the altered or reloeated
partien ef a v.l.QteFe01:1fSe se tIlat the flaaa sarry:..ng eapaeity is not
dimHHslleEl;
k. Te 'lerify and reGom the aemal ele-vatien Cia. Feiatien to lRean sea 10"/el)
of the lowest floor Cinel1:lding hasemeat) of aU new or substantially
imjJro'fed stme~
1. Te '/eni)' aed leseM the aemal ele':atioB CiB felation to mOOft sea lewl)
te whiek the Be'.v aT suBstafN.ially improved st:R:leWfes ha'.Te been
fteea13reefea;
Rl. In eoastal high ha2:ard areas~ to revie'lV sertitieatiollS ohtiHfteQ from.
registered prefessionaJ. engineers ar arehiteets that the strl:1et1:Jre is seeurely
anehared to adequately a.aehored piliBgs ar eoluams in. Oraef to ':/ithstaBd
"eloeit)' '''aters and hlif'f'ie8fte "'8:"13 mash'
y,.... ...... .... ,.... ,
Fl. Ta mak-e iBtefj3rem:tial1B~ as BeeElea~ as to tH.e El*aet leaaneR ef
gewuianes efthe &feas of 5fleeial fleea ~;
e. waea ease flooa elevatieft data lias Bet eeeR 131'0';ided ia. aeeerdanee
witH. shaptel' 122~ to ohtain~ rev1.e'N aBd reasonably we aay base flood
elevatioR date available from a feaSfal, state or other s01::l:fSe in order to
a<:imi:mster tIle floedplaiB Bl8:fl8gemeBt pFevisieRB ef tftis aoopter; aad
p. Ta pf8'Iit:le the heam of eelHlty semm.issioBefS aad the pl8:fllliftg
eommissioR ...Adl reports aed reeommeMlations ...fi1:k Fe5fleet te mattefS
before saeh bodies~ as direeted hy the board of Gel:lBty eelftll.'HssieB0fs~
planning direetor~ or the soanty administmtor.
Page 5 of9
(f) Division of eapitel HBpfevements planning. The eapital improvements planning
easftHBator shall be l'eSfjonsible far eNffeBt and long mRge tra:n:sportatioB 8ftd ather
eapiml impfavements plB:BBiftg aB6 shall be the eeuaty's eesigaatee liaisen 'Nitk the
Flariaa Depa.rtJ.:BeBt efTFatlSpenatieB. 'The eeotdinatElr shall maB:iter the ee1::lBtis
~8rtatieB system., pFep8:fe an. B:IUH:lal FeJ:lert aB6 eapi4al imJ:lra~lemeB.1s plaB fer the
eoUBty lHltl werle with tfie eepartmeat sf Jloolie werlts aaa stael estmty aep811lBeBts tEl
implement the BOunty'S eapital improvemeAts plan.
(g) L8BEll:lBe planB:ing divisioB. There shall Be a laRd we plftBfting eoarGiftator ';.'ha shall
be FeSfj8asible fer the land use JllatmiBg ftmetiea efthe ~artmeBt afJlla:nniag, inel1:ldiftg
pFepamaaB ef l:IpElates ef data aatllan<< l!Se maps, IHHltl8:l FepertiBg 8a land1:lse treads aaEl
pattern5 Me loag ftUlge Jltanning. 'The eaerElinator shall Jlfepafe ltB amnlal F8fl8rt 8a the
eOlilltis eamprellenshe plltB for the d-ireetor ofplmming.
(Ii) BwlUeel'lmeBtal fesemees dhisiea. Thefe shall he ltB 8WliFellfBen.ta1 resel:lfees
eeoftiiftater '::lie shall Be feSfj8asible for the 0Il~Ar8nmeffiftl resallfees pl8f'lfting of th.e
emm.ty and serve as the emmty biologist. IB. addition te the divisionIs plaJming ftmetiens
aa6 the ENties performed by the eounty biologist, the tiiHetOf of platmiBg may delegate to
th.e abisiea feSfjaBSibility far fe"lie'l: of eWAfaBmeRtal 85j3eets af a8":elepmeBt
peFfnitting &Be eeoFdiaating mterageaey (state aa<l federal) permittiftg.
Section 2. Section 6-55 shall be amended as follows (deletions are Makea thfeegh. and
additions are underlined):
Sec. 6-55. Building department.
(a) Organization and administration. There is hereby established a department called
the building department headed by the building official. Upon recommendation of the
county administrator, the department shall be assigned to the division of county
government that the board of county commissioners determines appropriate. The county
administrator with the approval of the board of county commissioners shall designate the
building official.
(b) Employee qualifications. The building official shall be licensed as a building code
administrator by the state. All appointed or hired inspectors and plan examiners shall
meet the qualifications for licensing in the appropriate trade as established by the state.
(c) Building official authority and duties. The building official shall have authority to
administer, interpret, and enforce provisions of the Florida Building Code, flood olain
management regulations. and this chapter. Such authority, jurisdiction, and duties shall
include the following:
(1) To process building permit applications and issue and revoke building
permits;
(2) To inspect sites, buildings and structures as required by this chapter, the
Florida Building Code and the Standard Unsafe Building Abatement Code;
Page 6 of9
(3) To issue and revoke certificates of occupancy;
(4) To maintain building permit, financial, and other public records related to the
department's affairs;
(5) To establish such policies and procedures necessary for the administration of
his responsibilities under the Florida Building Code and this chapter;
(6) To provide a recording secretary for the purpose of keeping the board of
adjustment and appeals;
(7) To be the official source to render interpretations of this chapter and the
Florida Building Code;
(8) To enforce provisions of the Florida Building Code and this chapter;
(9) To issue stop work orders; and
(10) To conduct all other such duties and responsibilities as are otherwise
required by this chapter.
(11 ) To determine the extent of damaee or destruction of nonconforming uses and
structures. in cooperation with the planning director:
(12) To review buildina: permit applications for repair within areas of soecial
flood hazard to determine that the proposed repair satisfies the requirements of the
floodplain management provisions of the code:
(13) To review buildinlZ Permit applications for new construction or substantial
improvement within areas of special flood hazard to ensure that the proposed
construction (including prefabricated and mobile homes) satisfies the floodplain
management requirements of the code:
(14) To advise permittees that additional federal or state permits may be required.
and if specific federal or state permits are known to have been issued. to require
that copies of such permits be obtained and provided and maintained on file with
the building permit application:
(15) To notify adiacent communities and the Florida Department of Communi tv
Affairs prior to any alteration or relocation of a watercourse. and to submit
evidence of such notification to the Federal Emergency Management Agencv;
(16) To ensure that maintenance is provided within the altered or relocated
portion of a watercourse so that the flood-carrying capacity is not diminished;
(17) To verify and record the actual elevation (in relation to mean sea level) of
the lowest floor (inc1udina: basement) of all new or substantially improved
structures:
(18) To verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been floodproofed:
(19) In coastal high-hazard areas. to review certifications obtained from
registered professional engineers or architects that the structure is securely
anchored to adequately anchored pilings or columns in order to withstand velocity
waters and hurricane wave wash;
(20) To make inte1l'retations. as needed. as to the exact location of boundaries of
the areas of special flood hazard:
(21) When base flood elevation data has not been provided in accordance with
chapter 122. to obtain. review and reasonably use any base flood elevation data
available from a federal. state or other source in order to administer the floodplain
manalZement provisions of the code: and
Page 7 of9
(22) To provide the board of county commissioners and the planning
commission with reports and recommendations with resDect to matters before
such bodies. as directed by the board of county commissioners. growth
management division director or planning director. or the county administrator.
Section 3. 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.
Seetion 4. Contlictine: 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 5. 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 6. FiIine:.
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 Affairs or
Administration Commission approving the ordinance.
Section 7. Inclusion in the Monroe Countv 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 8. Effective Date.
This ordinance shall become effective as provided by law and stated above.
(Remainder of page left intentionally blank)
Page 8of9
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
Page 9 of9
Mayor Sylvia Murphy