Item D1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meetin Date: March 1, 2016 Department: Planning L & Environmental Resources
Bulb Item: Yes No X Staff Contact Person/Phone #: Mayte Santamaria 289.2562
Emily Schemper 289 -2506
AGENDA ITEM WORDING: FIRST OF TWO PUBLIC HEARINGS TO CONSIDER ADOPTING
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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, 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
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (Legislative Proceeding)
ITEM BACKGROUND: County staff, working with Keith and Schnars, P.A., is finalizing Phase 3
(updated Comprehensive Plan) 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 EAR yielded 127 recommendations to update the Plan relating to
issues such as county -wide visioning and planning, economic sustainability, redevelopment, water
dependent/water related uses, natural resource protection, climate change, affordable housing, public
involvement/information and intergovernmental coordination. Additionally, the EAR identified
outdated or no longer applicable objectives and policies.
Draft amendments to the Comprehensive Plan have been prepared to implement the EAR strategies, to
reflect the updated Technical Document and to comply with requirements established by state and
federal law. Comprehensive Plan amendments also reflect the results of the "Analysis of Coastal
Barrier Resources System Policies and Regulations in Monroe County, Florida," data and analysis,
prepared by Keith and Schnars, P.A., and the "Monroe County Marina Siting Plan," data and analysis,
prepared by the South Florida Regional Planning Council. All proposed amendments to the Monroe
County Year 2010 Comprehensive Plan and associated data and analysis can be reviewed on the
project website at www.keyscoinpl)laii.coni
On February 13, 2013, February 14, 2013, February 15, 2013, and March 26, 2013, the Monroe
County Development Review Committee held four special public meetings to review and discuss the
proposed amendments to the Comprehensive Plan based upon the results of the Technical Document
Update, EAR and public comment.
On Scptembcr 23, 2013, October 1, 2013, and October 10, 2013, the Planning Commission held three
special public meetings to review and discuss the proposed amendments to the Comprehensive Plan
based upon the results of the Technical Document Update, EAR and public comment.
On November 15, 2013, the Planning Commission held a special public hearing and by Resolution No.
P28 -13 recommended approval to the BOCC of proposed amendments to the Comprehensive Plan
based upon the results of the Technical Document Update, EAR, staff and Consultant input and
reports, and comments by the public.
The BOCC held special public meetings on March 21, 2014, April 23, 2014 and May 22, 2014, to
review proposed amendments to the Comprehensive Plan. A special BOCC public hearing was held on
July 23, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the Florida Department of Economic Opportunity (DEO) and the hearing was
continued to October 7, 2014.
A special BOCC public hearing was held on October 7, 2014, to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to the Florida Department of
Economic Opportunity (DEO) and the hearing was continued to December 10, 2014, to discuss the
following:
• Policies 101.5.31 and 101.5.32: BOCC directed staff to work on height policies for addressing
the replacement of existing buildings which exceed the 35ft height limit, architectural features,
flood protection purposes and affordable housing. Staff to present drafts during the regular
December BOCC meeting.
• BOCC directed staff to work on an inventory /data of privately -owned offshore islands. Staff to
present draft during the regular December BOCC meeting.
During the regular December 10, 2014 BOCC meeting, a public hearing was held to discuss proposed
height and offshore island policies and to consider the transmittal of the proposed amendments (the
Monroe County 2030 Comprehensive Plan) to the Florida Department of Economic Opportunity
(DEO). The BOCC directed staff to maintain the existing adopted height and offshore island policies
and to process separate amendments to address these topics. A transmittal hearing was scheduled for
January 14, 2015,
On January 14, 2015, the BOCC held a special public hearing to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to the Florida Department of
Economic Opportunity (DEO) and the BOCC voted to transmit the proposed comprehensive plan
amendments to the State Land Planning Agency.
The State Land Planning Agency issued it Objections, Recommendations and Comments (ORC) report
on April 28, 2015. The State Land Planning Agency identified 7 objections and 4 comments in the
ORC report. The County must address the 7 identified objections and determine whether to adopt the
amendments, adopt the amendments with changes or not adopt the amendments. The County is not
required to make modifications relative to the 4 comments. 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.
Upon receipt of the ORC report, the BOCC would normally have 180 days to adopt the amendments,
adopt the amendments with changes or not adopt the amendments. The BOCC requested an extension
from DEO of an additional 180 days to allow the County to address the ORC report and adopt the 2030
Comprehensive Plan and updated Land Development Code at the same time to ensure consistent
effective dates (and avoid inconsistencies between a new comprehensive plan and the existing land
development code). The extension request was granted, and the new deadline for adoption is April 22,
2016.
A second public hearing to consider adoption of the proposed EAR - related and EA- related
comprehensive plan amendments is scheduled for April 13, 2016.
Two special BOCC public hearings to consider adoption of the proposed amendments to the Land
Development Code are also scheduled for March 1, 2016 and 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, at a special public meeting, the BOCC discussed and provided direction on the
proposed, draft response to the State Land Planning Agency's Objections, Recommendations and
Comments report on the transmitted Monroe County 2030 Comprehensive Plan.
CONTRACT /AGREEMENT CHANGES: NIA
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 AttyS� llb OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2016
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12 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010
14 COMPREHENSIVE PLAN TO BE CONSISTENT WITH THE RESULTS
15 OF THE TECHNICAL DOCUMENT UPDATE (DATA AND ANALYSIS),
16 THE ADOPTED 2012 EVALUATION AND APPRAISAL REPORT AND
17 THE 2014 EVALUATION AND APPRAISAL NOTIFICATION LETTER
18 AND ADOPTING THE MONROE COUNTY YEAR 2030
19 COMPREHENSIVE PLAN, ATTACHED AS EXHIBIT 1; PROVIDING
20 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
21 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
22 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
23 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
24 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
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28 WHEREAS, the Monroe County Board of County Commissioners adopted the Monroe
29 County Comprehensive Plan on April 15, 1993; as amended pursuant to DCA Rule 9J- 14.022,
30 Florida Administrative Code on January 4, 1996, and adopted by Florida Administrative Code
31 Rule 28- 20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and
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33 WHEREAS, the Florida Legislature intends that local planning be a continuous process,
34 and the Florida Statutes encourage local governments to comprehensively evaluate and, as
35 necessary, update comprehensive plans to reflect changes in local conditions; and
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37 WHEREAS, the Monroe County Board of County Commissioners adopted an
38 Evaluation and Appraisal Report (EAR), pursuant to Section 163.3191, Florida Statutes, for the
39 Monroe County Year 2010 Comprehensive Plan on August 18, 2004, and subsequently adopted
40 Comprehensive Plan amendments in accordance with the 2004 EAR; and
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42 WHEREAS, Monroe County commenced a new EAR process in 2010 with active public
43 participation provided; and
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45 WHEREAS, the Monroe County Planning Commission, acting as the designated Local
46 Planning Agency, reviewed the 2012 EAR, held advertised special public meetings on November
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1 2, 2011, and February 6, 2012, and provided for participation by the public in the process, and
2 rendered its recommendations to the Board of County Commissioners; and;
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4 WHEREAS, the Board of County Commissioners reviewed the EAR, held an advertised
5 public meeting on November 16, 2011, and an advertised special public meeting on March 19,
6 2012, provided for comments and public participation in the process in accordance with the
7 requirements of state law and the procedures adopted for public participation in the planning
8 process; and
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10 WHEREAS, the Board of County Commissioners held a special public meeting on May
11 22, 2012, and adopted Resolution No. 150 -2012 adopting the 2012 Evaluation and Appraisal
12 Report (EAR) for the Monroe County Year 2010 Comprehensive Plan; and
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14 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
15 Agency (LPA), held advertised special public meetings on September 23, 2013, October 1, 2013
16 and October 10, 2013 to review the proposed EAR - related comprehensive plan amendments, and
17 provided for comments and public participation in accordance with the requirements of state law
18 and the procedures adopted for public participation in the planning process; and
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20 WHEREAS, the Monroe County Planning Commission, acting as the Local Planning
21 Agency (LPA), held an advertised special public hearing on November 15, 2013, provided for
22 comments and public participation in accordance with the requirements of state law and the
23 procedures adopted for public participation in the planning process, and recommended proposed
24 EAR - related comprehensive plan amendments to the BOCC; and
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26 WHEREAS, the Board of County Commissioners held advertised special public
27 hearings on March 21, 2014, April 23, 2014, and May 22, 2014, to review proposed EAR - related
28 comprehensive plan amendments and provided for comments and public participation in
29 accordance with the requirements of state law and the procedures adopted for public
30 participation in the planning process; and
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32 WHEREAS, in 2011, Section 163.3191 (1), Florida Statutes, was amended; it directed
33 local governments to evaluate their comprehensive plans at least once every seven years to
34 determine if plan amendments are necessary to reflect changes in state requirements since the
35 last update of the comprehensive plan, and to submit an Evaluation and Appraisal (EA)
36 Notification Letter to the State Land Planning Agency; and
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38 WHEREAS, the State Land Planning Agency revised the Monroe County EA deadline
39 to May 1, 2014, in Rule 73C -49, F.A.C.; and
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41 WHEREAS, the Board of County Commissioners held a public hearing on April 23,
42 2014, and approved the EA Notification Letter to the State Land Planning Agency which
43 specified the necessary plan amendments required to reflect changes in requirements in State
44 Statutes; and
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I WHEREAS, the Board of County Commissioners held an advertised special public
2 hearing on July 23, 2014, provided for public comment and public participation in accordance
3 with the requirements of state law and the procedures adopted for public participation in the
4 planning process, to transmit EAR - related and EA- related comprehensive plan amendments to
5 the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(l)(c),
6 Florida Statutes for review and comment; and
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8 WHEREAS, the Board of County Commissioners continued the public hearing to
9 consider transmittal to October 7, 2014; and
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11 WHEREAS, the Board of County Commissioners held an advertised special public
12 hearing on October 7, 2014, provided for public comment and public participation in accordance
13 with the requirements of state law and the procedures adopted for public participation in the
14 planning process, to transmit EAR - related and EA- related comprehensive plan amendments to
15 the State Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c),
16 Florida Statutes for review and comment; and
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18 WHEREAS, the Board of County Commissioners continued the public hearing to
19 consider transmittal to December 10, 2014, to further discuss height policies for addressing the
20 replacement of existing buildings which exceed the 35ft height limit, non- habitable architectural
21 decorative features, flood protection purposes and affordable housing as well as review of an
22 inventory of privately -owned offshore islands in unincorporated Monroe County; and
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24 WHEREAS, the Board of County Commissioners held an advertised public hearing on
25 December 10, 2014, provided for public comment and public participation in accordance with
26 the requirements of state law and the procedures adopted for public participation in the planning
27 process, to transmit EAR - related and EA- related comprehensive plan amendments to the State
28 Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), Florida
29 Statutes for review and comment; and
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31 WHEREAS, the Board of County Commissioners directed staff to maintain the existing
32 adopted height and offshore island policies and to process separate amendments to address these
33 topics; and
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35 WHEREAS, the Board of County Commissioners continued the public hearing to
36 consider transmittal to January 14, 2015; and
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38 WHEREAS, the Board of County Commissioners held an advertised special public
39 hearing on January 14, 2015, provided for public comment and public participation in
40 accordance with the requirements of state law and the procedures adopted for public
41 participation in the planning process. to transmit EAR - related and EA- related comprehensive
42 plan amendments to the State Land Planning Agency and Reviewing Agencies as defined in
43 Section 163.3184(1)(c), Florida Statutes for review and comment; and
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I WHEREAS, the Board of County Commissioners adopted a resolution transmitting the
2 proposed amendments to the to the State Land Planning Agency and Reviewing Agencies as
3 defined in Section 163.3184(1)(c), Florida Statutes for review and comment; and
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5 WHEREAS, on April 28, 2015, the State Land Planning Agency issued its Objections,
6 Recommendations, and Comments (ORC) report. The ORC report identified seven (7) objections
7 and four (4) comments on the proposed comprehensive plan amendments; and
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9 WHEREAS, the County must address the seven (7) identified objections and determine
10 whether to adopt the amendments, adopt the amendments with changes or not adopt the
1 i amendments; and
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13 WHEREAS, the County is not required to make modifications relative to the four (4)
14 comments; and
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16 WHEREAS, in response to the ORC Report, Monroe County has made changes to the
17 proposed amendments to address five (5) objections identified by the State Land Planning Agency
1S and provided additional detail and a response to the other ORC objections; and
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20 WHEREAS, the Board of County Commissioners held two (2) advertised special public
21 hearings on March 1, 2016, and April 13, 2016, to consider adoption of the proposed EAR -
22 related and EA- related comprehensive plan amendments, and provided for comments and public
23 participation in accordance with the requirements of state law and the procedures adopted for
24 public participation in the planning process.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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29 Section 1. The Monroe County 2010 Comprehensive Plan is amended as shown in
30 Exhibit 1, attached hereto. (Deletions are stricken thfough and additions are underlined
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32 Section 2. The Monroe County 2030 Comprehensive Plan is hereby created and adopted
33 with the amendments identified within Exhibit 1, which is attached hereto and incorporated
34 herein.
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36 Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
37 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
38 by such validity.
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40 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
41 conflict with this ordinance are hereby repealed to the extent of said conflict.
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43 Section 5. Transmittal. This ordinance shall be transmitted by the Planning Department
44 to the Florida State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
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46 Section b. Filing and Effective Date. This ordinance shall be filed in the Office of the
47 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
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State Land Planning Agency or Administration Commission finding the amendment in
compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular 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
M .
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
DEPUTY CLERK
MONROE COUNTY ATTORNEY
1lpF / A� OFtM: -
STEVEN T. WILLIAMS
ASSISTANT OU TY ATTORNEY
Data �/ 8 .,
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