Item S6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 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 Section 110-3, preapplication
conference.
ITEM BACKGROUND: This ordinance better defines the pre-application conference process and
establishes a more user friendly written letter of understanding for applicants to follow, as well as reserves
the county's position to maintain compliance with policies and regulations. It also provides written
documentation of items discussed so both parties' positions are documented for historical reference and
future action. The current text concerning letters of understanding providing the time frame for mailing to an
applicant is not practical and does not reflect current practice. By separate ordinance, the position of
development review coordinator is being eliminated in the department, and the Code will be amended to
reflect that change. All responsibilities of the position have been assumed by the Director of Planning or his
designee. The Planning Commission at its November 17, 2009 meeting recommended approval of the
ordinance by Resolution No. P54-09 with a unanimous vote.
PREVIOUS RELEVANT BOCC ACTION: nJa
CONTRACTIAGREEMENTCHANGES: nJa
STAFF RECOMMENDATIONS: Approval
TOTAL COST: nJa
INDIRECT COST: nJa
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: nJa
COST TO COUNTY: nJa
SOURCE OF FUNDS: nJa
REVENUE PRODUCING: Yes
No ..K..
AMOUNT PER MONTH: nJa YEAR: nJa
APPROVED BY: County Atty..K..
OMB/Purchasing _
Risk Management _
DOCUMENTATION: Included..K..
Not Required _
DISPOSITION:
AGENDA ITEM #
To:
Through:
From:
Date:
Subject:
Meeting:
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 1, 2009
Proposed Ordinance to the Board of County Commissioners to amend the
Monroe County Code Section 110-3, Preapplication conference
February 17,2010
I
2 I REOUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of ~1l0-3 of the Monroe County Code. The purpose of the proposed amendment is to
6 eliminate references to the obsolete position of development review coordinator, reassign
7 those responsibilities and duties of the development review coordinator to the planning
8 director/planning department staff and amend the timeframe in which a letter of
9 understanding shall be mailed to the applicant.
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 ~ I 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
23 The current text within the Land Development Code describing the functioning of the Planning
24 & Environmental Resources Department is outdated. Concerning the development review
25 coordinator position, the position of development review coordinator has been eliminated in
26 the department. All responsibilities of the position have been assumed by the Director of
27 Planning and the Principal Current Planner.
28
Page 1 of3
I The current text within the Land Development Code providing the timeframe in which a letter
2 of understanding shall be mailed to an applicant is not practical and does not reflect current
3 practice. Upon review, staffhas found that the department is not always able to mail letters of
4 understanding to applicants within the stated five (5) working day timeframe. Although many
5 letters of understanding are mailed to the applicant within five (5) working days, other
6 applications involve very complex and multifaceted projects that require more time for staff to
7 review and consider how the county's regulations shall be applied and/or interpreted. A more
8 realistic and feasible timeframe, that remains fair and timely to the applicant, is required. In
9 addition, language is required that provides for circumstances in which staff has to await the
10 submittal of additional information prior to issuing a letter of understanding.
11
12 NOTE: The references to the development review coordinator in other sections is already being
13 addressed and corrected in other text amendment applications in progress.
14
15 (deletions are striek-eB tkr8l1gk and additions are underlined):
16
17 Sec. 110-3. Preapplieati8B Pre-application conference.
18
19 An applicant for development approval may request in vffiting a preapplieatioB. a pre-
20 application conference with the de>:elopment l'e'lie...: eooromator planning department staff by
21 submitting an application to the devartment of planning. Prior to the conference, the applicant
22 shall provide to the development l'tWie>:l eeordinator department of planning: a description of
23 the propOsed development including its character, location and magnitude of the proposed
24 development. The purpose of this meeting conference is to acquaint the participants with the
25 requirements of these the land development regulations, applicable comprehensive plan
26 policies and the views and concerns of the county. The substance of the pr-elipplieation pre-
27 application conference shall be recorded in a letter of understanding prepared by the
28 development re>Iie>:I coordinator planning department staff and signed by the dHeetor of
29 planning planning director. The letter shall be mailed to the applicant within five working 30
30 days after the conference. except under those circumstances where additional information is
31 required by planning department staff following the conference. In those situations. the
32 planning director cannot issue a letter until all required information is submitted and reviewed.
33 The letter of 1:1Bdersta:n<:iiBg shall set forth the subjects discussed at the conference and the
34 county's position in regard to the subject matters discussed. The applicant shall be entitled to
35 rely upon representation made at the conference only to the extent such representations are set
36 forth in the letter of understanding. A letter of understanding shall not provide any vesting to
37 requirements and regulations. The development shall be required to be consistent with all
38 regulations and policies at the time of development approval. The planning director
39 acknowledges that all items required as a part of the application for development approval may
40 not have been addressed at the conference. and consequently reserves the right for additional
41 comment.
42
43 IV RECOMMENDATION
44
45 Staff has found that the proposed text amendment would be consistent with the provisions of
46 ~102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
Page 2 of3
I on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
2 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
3 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
4 additional detail or comprehensiveness; or 6. Data updates. Specifically, staffhas found that
5 the proposed text amendments are necessary due to new issues.
6
7 Therefore, staff recommends that the Board of County Commissioners amend the
8 Monroe County Code as stated in the text of this staff report.
Page 3 of3
ORDINANCE
- 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 110-3, PREAPPLICATION
CONFERENCE; ELIMINATING REFERENCES TO THE
OBSOLETE POSITION OF DEVELOPMENT REVIEW
COORDINATOR; REASSIGNING THE RESPONSIBILITIES
AND DUTIES OF THE DEVELOPMENT REVIEW
COORDINATOR TO THE PLANNING DIRECTOR OR
PLANNING DEPARTMENT STAFF; AMENDING THE
TlMEFRAME IN wmCH A LETTER OF UNDERSTANDING
SHALL BE MAILED TO THE APPLICANT; 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, 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, the current text within the Monroe County Code providing the timeframe in
which a letter of understanding shall be mailed to an applicant is not practical and does
not reflect current practice. Upon review, staff has found that the department is not
always able to mail adequate letters of understanding to applicants within the stated five
(5) working day timeframe. Although many letters of understanding are mailed to the
applicant within five (5) working days, other applications involve very complex and
multifaceted projects that require more time for staff to review and consider how the
county's regulations shall be applied and/or interpreted. A more realistic and feasible
timeframe, that remains fair and timely to the applicant, is required. In addition,
language is required that provides for circumstances in which staff has to await the
submittal of additional information prior to issuing a letter of understanding; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 110-3 shall be amended as follows (deletions are stricken through. and
additions are underlined):
See. 110-3. PreapplieatioR Pre-auulication conference.
An applicant for development approval may request in writing a preapplication ~
pre-application conference with the development r'6Yiew coordinator planning
department staff by submitting an application to the department of planning. Prior
to the conference, the applicant shall provide to the development review
coordinator department of planning: a description of the proposed development
including its character, location and magnitude of the proposed developmem. The
purpose of this meeting conference is to acquaint the participants with the
requirements of these the land development regulations, applicable comprehensive
plan policies and the views and concerns of the county. The substance of the
preapplicatioB pre-application conference shall be recorded in a letter of
understanding prepared by the deyelopmem nwiew coordinator planning
department staff and signed by the difector of planning planning director. The letter
shall be mailed to the applicant within five working 30 days after the conference...
except under those circumstances where additional information is required by
planning department staff following the conference. In those situations. the
planning; director cannot issue a letter until all required information is submitted and
reviewed. The letter of Uflderstanding shall set forth the subjects discussed at the
conference and the county's position in regard to the subject matters discussed. The
applicant shall be entitled to rely upon representation made at the conference only
to the extent such representations are set forth in the letter of understanding. A
letter of understanding shall not provide any vesting to requirements and
regulations. The development shall be required to be consistent with all regulations
and policies at the time of development approval. The planning director
acknowledges that all items required as a part of the application for development
approval may not have been addressed at the conference. and consequently reserves
the right for additional comment.
Section 2. Severability.
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 3. Conflictine: 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 4. 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 5. Filine:.
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 6. 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 7. 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