Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januga 16, 2013 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
AGENDA ITEM WORDING:
A public hearing to consider an Ordinance to establish Section 101 -6 of the Monroe County Code to create regulation
addressing and requiring ownership disclosures.
ITEM BACKGROUND.
Currently, there is not a regulation in the Land Development Code that addresses ownership disclosures. The purpose of
this new section is to provide the minimum requirements for disclosing ownership of property as it relates to applications
under the Land Development Code. The intent is to disclose the identity of true parties in interest to the public, thereby
enabling the public to ascertain which parties will potentially benefit from the land use -related applications. If approved,
ownership disclosures would be required for the following applications:
• Future land use map amendments
• Land use district (zoning) map amendments
■ Overlay map amendments
• Developments of regional impact
• Development agreements
■ Plat approvals
• Major and minor conditional use permits
During a regularly scheduled meeting held on August 28, 2012, the DRC reviewed the subject request and recommended
approval to the BOCC. During a regularly scheduled meeting held on November 14 2012, the Planning Commission
reviewed the subject request and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
nla
CONTRACT/AGREEMENT CHANGES:
nla
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing _
DOCUMENTATION: Included Not Required
Risk Management
DISPOSITION: __ AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY CODE TO ESTABLISH SECTION 101-6, OWNERSHIP
DISCLOSURES, CREATING A REGULATION PROVIDING THE
MINIMUM REQUIREMENTS FOR DISCLOSING OWNERSHIP
OF PROPERTY AS IT RELATES To APPLICATIONS UNDER
THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, currently, there is not a regulation in the Land Development Code that addresses
ownership disclosures. The purpose of this new section is to provide the minimum requirements
for disclosing ownership of property as it relates to applications under the Land Development
Code. The intent is to disclose the identity of true parties in interest to the public, thereby
enabling the public to ascertain which parties will potentially benefit from the land use -related
applications; and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County
Development Review Committee reviewed the ordinance and recommended approval to the
Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on November 14, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. The Monroe County Code shall be amended as follows (deletions are strialrwan tbra3-1-
and additions are underlined):
Sec.101-6. OwnershfiD Disclosures.
Page 1 of 3
(a)_ Purpose. The purpose of this section is to provide the minimum requirements for
disclosing ownership of property as it relates to certain applications required by this Lan_ d
Development Code.
N Intent. The intent is to disclose the identity of true parties in interest to the public,, thereby_
enablin the ublic to ascertain which parties will potentially benefit from land use -
related applications.
(c) Applicability.
..
(1) Disclosure provisions are required ,for future land use map amendments, land use
district(zoning) maD amendments overlay maD amendments develo ments of
regional impact,development agreements, plat approvals, major conditional use
permits and minor conditional use permits.
(2) Any, person or entity holding real propegy -in the form of _a_partnership,,. limited
partnership, co oration assigpMent of interest trust o tion assiRnment of
beneficial or _. contractual. interest, or any form , of representative capacity_
whatsoever for others except as otherwise provided in this section shall during
gpWication submittal for the 1yves of a lications movided in subsection 1
make a public disclosure, in writing der oath, and subject to the penalties
prescribed for perjga. In the case of a trust the four tar est beneficiaries must
also sign the affidavit.
(3) This written disclosure shall be made to the ,planning director at the time of
gpl2lication. The disclosure information shall include the name and address of
eve erson having a beneficial or contractual interest in the real ro e
however small or minimal. All evidence submitted shall be subject to the planning
director's satisfaction and said satisfaction shall be liberally inteEpreted in favor
of the count 's interest.
(4) The planning„ and environmental resources department's, applications shall notice
applicants to make disclosuresrequired under this section. when a required
disclosure is not provided, the application may be found incom fete by the
tannin director.
(5) _ Exemptions to the requirements of this section include. the beneficial interest
which is re resented by stock in corporations registered with the federal securities
exchange commission or in co orations registered vursuant to Cha ter 517
Florida Statutes whose stock is for sale to the general vublic.
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.
Page 2 of 3
Section I Conffictime 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 to the Florida. State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
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 Florida State Land Planning Agency 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. This ordinance
applies to any applicable application submitted after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Attest: Amy Heavilin, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor George Neugent
Page 3 of 3
MC E COUNTY ATTORNEY
A P OVED AS TO FORM
04
A -a
Date:
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
We strive to he caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: December 19, 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY CODE TO
ESTABLISH SECTION 101--6, OWNERSHIP DISCLOSURES, CREATING A
REG ULA TION PR O TIDING THE MINIMUM REQUIREMENTS FOR
DISCLOSING OWNERSHIP OF PROPERTY AS IT RELATES TO
APPLICATIONS UNDER THE LAND DEVELOPMENT CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: January 16, 2013
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing an amendment to the text
5 of the Monroe County Code (MCC) to establish a new section, §101-6, in order to create a
6 regulation addressing ownership disclosures.
7
8 II RELEVANT PRIOR COUNTY ACTIONS:
9
10 During a regularly scheduled meeting held on August 28, 2012, the Development Review
11 Committee reviewed the subject request and recommended approval to the BOCC.
12
13 During a regularly scheduled meeting held on November 14, 2012, the Planning Commission
14 reviewed the subject request and recommended approval to the BOCC.
15
16 III REVIEW
17
18 Currently, there is not a regulation in the Land Development Code that addresses ownership
19 disclosures. The purpose of this new section is to provide the minimum requirements for
20 disclosing ownership of property as it relates to applications under the Land Development
21 Code. The intent is to disclose the identity of true parties in interest to the public, thereby
Page 1 of 3 (File #2012-112)
I enabling the public to ascertain which parties will potentially benefit from the land use-
2 related applications.
3
4 Note: The proposed provisions are modeled after existing provisions found in the City of Ft.
5 Myers, Florida's Code of ordinances, Section 98.3.2.
6
7 Therefore, staff recommends the following changes (Deletions are and
8 additions are underlined. Text to remain the same is in black):
9
10 Sec. 101-6. ownershi Disclosures.
11
12 a Pur ose. The ppoose of this section is to provide the minimum requirements for
13 di sclosing. ownership of prgVerty as it relates to certain applications required -by this Land
14 DeveloiDment Code.
15
16 b Intent. The intent is to disclose the identitv of true parties in interest to the public, thereb
17 enabling the public to ascertain which parties will potentially benefit from land use-
18 related avplications. ^�
19
20
(c) Applicability.
21
.)
Disclosure provisions are required for future land use map. amendments, land use
22
district Lzoning) ma amendments overlay map amendments developments of
23
regional impact, development a reements, flat approvals,. major conditional use
24
permits and minor conditional use permits.
25
2
Any person or entity holding real..proverty in the form of a partnersh'p imited
26
partnership,co oration assi nment of interest trust o tion assignment of
27
beneficial or contractual interest, or anv form -of representative.- capacity
28
whatsoever for others. except as otherwise provided in this section. shall. durin
29
application submittal, for the tyres of a lications provided in subsection 1
30
make a ublic disclosure in wr, under oath acid subject to the penalties
31
rescribed for perjqa. In the case of a trust, the four lar est beneficiaries must
32
also sign the affidavit.
33
3
This written disclosure shall be made to theplanning._director at the time of
34
application. The disclosure information shall _include the name and address of
35
,
ever erson -having a beneficial or contractual interest in the real vroperty,
36
however small or minimal. All evidence submitted shall be subject to theplannin2
37
director's satisfaction and said satisfaction shall be liberally_inten2reted in favor
38
of the count 's interest.
39
4
The.-plannin2 and environmental resources department's applications shall notice
40
applicants to make disclosures re uired under this section. when a -required
41
disclosure is not provided, the Lapplication ma be found incomplete by, the
42
planning, director.
43
5
Exemptions to the requirements of this section include the beneficial interest
44
which is represented by stock in colorations re 1g'stered with the federal securities
45
exchange commission or in corporations re istered pursuant to Chapter 517.
45
Florida Statutes whose stock is for sale to the eneral public.
Page 2 of 3 (File #2012-112)
1
2
3
4
5
6
7
S
9
to
11
12
13
14
IV RECOMMENDATION
Staff has found that the proposed text amendment would be consistent with the provisions of
§102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
demographic trends); 3. Data errors, including errors in mapping, vegetative types and
natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
the proposed text amendment is necessary due to recognition of a need for additional detail
or comprehensiveness.
Staff recommends that the Board of County Commissioners amend the Monroe County Code
as stated in the text of this staff report.
Page 3 of 3 (File #2012-112)
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO, P43-12
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMN SSION RECOMMENDING APPROVAL OF THE
REQUEST BY THE PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT FOR AN ORDINANCE BY THE
MONROE COUNTY BOARD OF COUNTY COMIl H S S IONERS
AMENDING THE MONROE COUNTY CODE TO ESTABLISH
SECTION 101-6, OWNERSHIP DISCLOSURES, TO CREATE
A REGULATION PROVIDING THE MINIMUM
REQUIREMENTS FOR DISCLOSING OWNERSHIP OF
PROPERTY AS IT RELATES TO APPLICATIONS UNDER
THE LAND DEVELOPMENT CODE, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, during a scheduled public meeting held on November 14, 2012, the Monroe
County Planting Commission conducted a review and consideration of a request filed by the
Planning & Environmental Resources Department for a text amendment to establish §101-6 in
the Monroe County Code; and
WHEREAS, currently, there is not a regulation in the Land Development Code that
addresses ownership disclosures. The purpose of this new section is to provide the minimum
requirements for disclosing ownership of property as it relates to applications under the Land
Development Code. The intent is to disclose the identity of true patties in interest to the public,
thereby enabling the public to ascertain which parties will potentially benefit from the land use -
related applications; and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
Resolution #P43-12
File #2012-112 Page 1 of
1. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated November 1, 2012; and
2. Dram Ordinance; and
3. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
4. Advice and counsel of Susan Orimsley and Steve Williams, Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Plarming
Commission makes the following Findings of Fact:
1. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
2. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
3. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law.
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed tent amendment is consistent with the provisions and intent of the
Monroe County Code. The proposed text amendment meets the standards for text
amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code,
specifically, due to recognition of a need for additional detail or comprehensiveness.
3. The proposed text amendment is not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
Resolution 043-1 2
File #2412-112 Page 2 of 4
NOW THEREFORE, BE IT RESOLVER BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
following text amendment:
Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are
s�ielfeet and additions are underlined .
PASSED AND ADOPTED BY THE PLANNING CDIV MSSION of Monroe County,
Florida, at a meeting held on the 15" of Novembers 2012,
Chair Werling YES
Vice -Chair Wall YES
Commissioner Hale YES
Commissioner Lustberg YES
Commissioner wiatt YES
PLANNING COMMISSION OF MGNRGE COUNTY, FLORIDA
BY
Denise Werling, Chah7
Signed this �$ �Lk day of No v e nn fo e t— , 2012.
M APP�O' I
� x OR
ME
:.�. FitEo WITH THE
Oate: +---+-•----
i•
N OV 2 8 2012
AGENCYCLERK
E
Resolution 043--12
File #2012-112 Page 3 of 4
Exhibit A
See.101-6. ownership Disclosures.
(a-) Purpose. The burnose of this section is to provide the minimum requirements for
disclosing ownership of property as it relates to certain applications required by this Land
Development Code,
Intent. The intent is to disclose the identitv of true 'es in interest to the vublic. ftreby
enabline the ublic to as which nardes will votentially benefit from land use -
related a lications.
c l icahil i .
(D Disclosure vrovisions are reapired for future land use ma amendments land use
district(zoning) mav amendments overlay mv amendments develo ments of
regional im act develo went ements tat gpvrovals. ma'or conditional use
permits and minor conditional use permits.
'��• nmrm.
(2)--- Any person or qzLtfty holding real UM, in the form of a pg&qrship, limited
RartngmhW. qmoration. assismment of inters --olDtiom assimmment of
beneficial or contractual intereg, or an form of.renresentative ca i
whatsoever for others excevt as otherwise Dmvided in this section shalldurin
a lication submittal for the es of a lications ovided in subsection I
make a vublic disclosure in wri ' under oath, and sub'ect to the ties
rescribed for . In the case of a tust the four larjaest beneficiaries must
also sigathe affidavit.
(3) This written disclosure shall be made to the DIannin9 director at the time of
application. The disclosure information shall include the name and address of
ev erson ha)dog a beneficial or mntmctual interest in the real o
however small or minimal. All evidence submitted shall be object to the tannin
director's satisfaction, and said satisfaction shall be liberallv irate eted in favor
of the countv's,.interest.
ffi The 1DIannin and environmental resources department's Oplications shall notice
a licants to make disclosures required under this section. When a re uired
disclosure is not movided. the .@Rplication ma be found incom lete bv the
R.IanniLig director.
(5) Exem tions to the r uirements of this section include the beneficial interest
which is re=sented by stock in co orations re 'stered with the federal securities
exchan a commission or in co orations registered ursuant to Cha ter 517
Florida Statutes whose stock is for sale to the aeneral vublic.
Resolution 043-12
File #2012-112 Page 4 of 4
� k �.
+fir• � +�
pop
'1 'No V-'.
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTYON NO. DRC 18-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
CONY CODE TO ESTABLISH SECTION 101-6,
OWNERSHIP DISCLOSURES, TO CREATE A REGULATION
PROVIDING THE MINIMUM REQUIREMENTS FOR
DISCLOSING OWNERSHIP OF PROPERTY" AS IT RELATES
TO APPLICATIONS UNDER THE LAND DEVELOPMENT
CODE, PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR.
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request Filed by the Planning & Environmental Resources Department for are
amendment to the text of the Monroe County Code (MCC) to establish a new section, § 101 -6, in
order to create a regulation addressing ownership disclosures; and
WHEREAS, currently, there is not a regulation in the Land Development Code that
addresses ownership disclosures. The purpose of this new section is to provide the minimum
requirements for disclosing ownership of property as it relates to applications under the Land
Development Code. The intent is to disclose the identity of true parties in interest to the public,
thereby enabling the public to ascertain Which parties will potentially benefit from the land use
transactions; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
Resolution # DRC 18-12
File #2012-112 Page 1 of
I. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendments are consistent with the provisions and intent of the
Monroe County Code; and
3. The proposed text amendments are not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE of MONROE COUNTY, FLORIDA that the infonnation prodded "in the
staff report and discussed at the August 28, 2012 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners with
revisions as discussed at the meeting.
DateE2
7`ownsley h , eve
lopment Review Committee Chair and
Senior D' or of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to tale acknowledgments, personally appeared Townsley Schwab, to
me known to he the person described in and who executed the foregoing instnunent and she
acknowledged before me the she executed the same,
WITNESS my hand and official seal in the County and State last aforesaid this �k day of
Am bip-r-
_Q2 2012.
NO Y PUBLIC, STATE OF FLORIDA
wpm W CMCH
try pwft - No of
My Comm. &On On 184 M4
ComWaaon 0 N 4dl
ti +�; sondes Tb:ocp� � Me�y �iA.
Resolution # DRC IS- 12
Pile #2012-1 l2 Page 2 of 2