Item B2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 13, 2016 Department: Planning & Environmental Resources
Bulk Item: Yes No X Staff Contact Person/Phone #: Maytd Santamaria 289 -2562
Emily Schemper 289 -2506
AGENDA ITEM WORDING: THE SECOND OF TWO PUBLIC HEARINGS TO CONSIDER
ADOPTION OF AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND DEVELOPMENT CODE
(LDC) TO BE CONSISTENT WITH THE PROPOSED MONROE COUNTY YEAR 2030
COMPREHENSIVE PLAN, THE RESULTS OF THE COMPREHENSIVE PLAN TECHNICAL
DOCUMENT UPDATE (DATA AND ANALYSIS), THE ADOPTED 2012 EVALUATION AND
APPRAISAL REPORT AND THE 2014 EVALUATION AND APPRAISAL NOTIFICATION
LETTER, LDC ATTACHED AS EXHIBIT 1; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE
DATE. (Legislative Proceeding)
ITEM BACKGROUND: Sections 163.3194, 163.3201, 163.3202, Florida Statutes, require a local
government to adopt or amend and enforce land development regulations that are consistent with and
implement their adopted comprehensive plan.
County staff, working with Keith and Schnars, P.A., is finalizing Phase 4 (updated Land Development
Code) of the four - phased Comprehensive Plan update process. The Comprehensive Plan (Plan) update
process started with the updating and revising of the Technical Document (the Data and Analysis to the
Plan), which was completed in May 2011. The Monroe County 2010 Comprehensive Plan Evaluation
and Appraisal Report (EAR) was completed and adopted by the BOCC on May 22, 2012. The
proposed Monroe County 2030 Comprehensive Plan was transmitted to the State Land Planning
Agency, as approved by the BOCC on January 14, 2015,
The State Land Planning Agency issued it Objections, Recommendations and Comments (ORC) report
on April 28, 2015. County staff working with Keith and Schnars, P.A., reviewed and developed a draft
response to the State Land Planning Agency's ORC report, which was reviewed by the BOCC at a
special public meeting on September 2, 2015, The BOCC directed staff to prepare the amendments for
adoption with the changes discussed related to the ORC report.
The proposed Monroe County 2030 Comprehensive Plan is also scheduled to be considered for
adoption at two public hearings on March 1, 2016 and April 13, 2016.
All proposed amendments to the Monroe County Land Development Code, proposed Monroe County
2030 Comprehensive Plan and associated data and analysis can be reviewed on the project website at
www.keyscompplan.com
On October 16, 2014, October 21, 2014, and October 27, 2014, the Monroe County Development
Review Committee held special public meetings to review proposed amendments to the Land
Development Code to be consistent with the transmitted Monroe County Year 2030 Comprehensive
Plan, the results of the Technical Document Update, EAR, and public comment.
On March 19, 2015, April 9, 2015, and April 23, 2015, the Planning Commission (PC) held special
public meetings to review proposed amendments to the Land Development Code to be consistent with
the transmitted Monroe County Year 2030 Comprehensive Plan, the results of the Technical Document
Update, EAR, and public comment.
On June 17, 2015, the PC (Local Planning Agency) held a special public hearing and recommended
approval to the BOCC the proposed amendments to the Land Development Code to be consistent with
the transmitted Monroe County Year 2030 Comprehensive Plan, the results of the Technical Document
Update, EAR, and public comment.
On September 2, 2015 and October 1, 2015, the BOCC held two special public hearings to review the
proposed amendments to the Monroe County Land Development Code. The amendments currently
proposed for adoption reflect BOCC direction given at those hearings.
A second public hearing to consider adoption of the proposed EAR - related and EA- related land
development code amendments is scheduled for April 13, 2016.
PREVIOUS RELEVANT BOCC ACTION:
On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC
on the Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive
Plan
On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of
the draft Evaluation and Appraisal Report.
On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of
the draft Evaluation and Appraisal Report.
On May 22, 2012, the BOCC adopted, by Resolution 150- 2012, the 2012 EAR for the Monroe County
Comprehensive Plan.
On March 21, 2014, the BOCC held a special public meeting and reviewed, discussed and provided
direction on the Introduction and Background; Mass Transit Element; Traffic Circulation Element;
Capital Improvements Element; and the Conservation and Coastal Management Element.
On April 23, 2014, the BOCC held a special public meeting and reviewed, discussed and provided
direction on the Energy and Climate Element; Cultural Resources Element; and Future Land Use
Element.
On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided
direction on the Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water
Element; Intergovernmental Coordination Element; Ports, Aviation and Related Facilities Element;
Housing Element; Recreation and Open Space Element; Natural Groundwater Aquifer Recharge
Element; Public Participation section; Monitoring and Evaluation section and the Glossary.
On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed,
discussed and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The
BOCC continued to hearing to October 7, 2014, to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On October 7, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed,
discussed and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The
BOCC continued to hearing to December 10, 2014, to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On December 10, 2014, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed
and provided direction on proposed elements of the 2030 Comprehensive Plan related to height and
offshore islands. The BOCC continued the transmittal hearing to January, 14, 2015, to consider the
transmittal of the proposed amendments (the Monroe County 2030 Comprehensive Plan) to the State
Land Planning Agency.
On January 14, 2015, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed
and provided direction on proposed elements of the 2030 Comprehensive Plan and voted to transmit
the proposed 2030 Comprehensive Plan to the State Land Planning Agency for review.
On September 2, 2015 and October 1, 2015, the BOCC held public hearings to review and discuss
proposed amendments to the Land Development Code to be consistent with the transmitted Monroe
County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan Technical Document
update, the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation and Appraisal
Notification Letter. Chapters reviewed at the September hearing included: 101 Definitions; 102
Administration; 103 Temporary Housing; 106 Areas of Critical County Concern; 110 Development
Review; 114 Development Standards; and 118 Environmental Protection. Chapters reviewed at the
October hearing included: 122 Floodplain Management; 126 Impact Fees; 130 Land Use Districts;
131 Bulk Regulations; 134 Miscellaneous Restrictions; 135 Historic and Cultural Resources; 138 Rate
of Growth Restrictions; 139 Affordable and Employee Housing; 142 Signs; and 146 Wireless
Communication Facilities.
On March 1, 2016, at a special public meeting, the BOCC held the first of two public hearings to
consider adoption of the Monroe County 2030 Comprehensive Plan and the proposed amendments to
the Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: APPROVAL and ADOPTION at the April 13, 2016 Special
BOCC Public Hearing.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty 5 ' 7 OMB /Purchasing Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
4Q6.n cQ�i'
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. _ - 2016
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AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY LAND
DEVELOPMENT CODE (LDC) TO BE CONSISTENT WITH THE
PROPOSED MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
THE RESULTS OF THE COMPREHENSIVE PLAN TECHNICAL
DOCUMENT UPDATE (DATA AND ANALYSIS), THE ADOPTED 2012
EVALUATION AND APPRAISAL REPORT AND THE 2014
EVALUATION AND APPRAISAL NOTIFICATION LETTER, LDC
ATTACHED AS EXHIBIT 1; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at a special meeting held on April 13, 2016, the Monroe County Board of
County Commissioners adopted Ordinance No. -2016, amending the Monroe County Year
2010 Comprehensive Plan to be consistent with the results of the Technical Document Update
(data and analysis), the adopted 2012 Evaluation and Appraisal Report and the 2014 Evaluation
and Appraisal Notification Letter and adopting the Monroe County Year 2030 Comprehensive
Plan; and
WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
Comprehensive Plan, amendments to the Land Development Code are necessary; and
39 WHEREAS, the proposed Land Development Code amendments implement the
40 Comprehensive Plan Goals, Objectives and Policies;adch internal inconsistencies; and provide
41 greater clarity for staff and public utilization; and
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43 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
44 Agency, held advertised special public meetings on March 19, 2015, April 9, 2015, and April 23,
45 2015 to review the proposed Land Development Code amendments, and provided for comments
46 and public participation in accordance with the requirements of state law and the procedures
47 adopted for public participation in the planning process; and
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I WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
2 Agency, held an advertised special public hearing on June 17, 2015, provided for comments and
3 public participation in accordance with the requirements of state law and the procedures adopted
4 for public participation in the planning process, and adopted Resolution No. P14 -15,
5 recommending approval of the proposed Land Development Code amendments to the Board of
6 County Commissioners; and
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8 WHEREAS, the Board of County Commissioners held advertised special public
9 meetings on September 2, 2015, and October 1, 2015, to review proposed Land Development
10 Code amendments and provided for comments and public participation in accordance with the
11 requirements of state law and the procedures adopted for public participation in the planning
12 process; and
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14 WHEREAS, the Board of County Commissioners held advertised special public
15 hearings on March 1, 2016 at 10:00 am, and April 13, 2016, at 10:00 am to consider adoption of
16 proposed Land Development Code amendments, provided for public comment and public
17 participation in accordance with the requirements of state law and the procedures adopted for
18 public participation in the planning process.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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23 Section 1. The Monroe County Land Development Code is amended as shown in Exhibit 1,
24 which is attached hereto and incorporated herein. (Deletions are men -thfeugh and additions
25 are underlined
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27 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
28 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
29 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
30 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
31 provision immediately involved in the controversy in which such judgment or decree shall be
32 rendered.
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34 Section 3. Conflictins Provisions. In the case of direct conflict between any provision of this
35 ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
36 or regulation, the more restrictive shall apply.
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38 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
39 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
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41 Section 5. Filinix. This ordinance shall be filed in the Office of the Secretary of the State of
42 Florida but shall not become effective until a notice of Final Order is issued by the Florida State
43 Land Planning Agency or Administration Commission approving the ordinance and any
44 challenge to the order is resolved.
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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 permit, and or other development approval application
submitted after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a special meeting held on the day of , 2016.
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
APIPROVED AM PORM:
%,J �(
STEVEN T. WILLIAMS
ASSISTANT QOU ATTORNEY
Date ' 31AT I le,
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