Item Q5 Q.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: Q.5
Agenda Item Summary #5530
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County
Commissioners amending Section 101-1 of the Monroe County Land Development Code creating a
definition of Nesting Area.
ITEM BACKGROUND: The Board of County Commissioners of Monroe County, at a special
meeting on January 14, 2015, unanimously passed a motion to direct staff to impose a temporary
moratorium upon certain development applications of Offshore Islands due to pending legislation.
On December 10, 2014, the Board of County Commissioners directed that pending and proposed
new Comprehensive Plan amendments specifically concerning Offshore Islands and building height
restrictions be removed from the larger Comprehensive Plan update project and that each be
considered as a separate and distinct comprehensive plan amendment to be voted upon and
submitted to the State of Florida separately from the rest of the cumulative Comprehensive Plan
update project package.
The Planning Commission recommended revisions be made to Policy 206.1.2 specifying that the
County Biologist will verify data and surveys submitted to document a bird rookery; and also
recommended revisions be made to Policy 206.1.2 pertaining to including semi-colonial birds and
recommended approval of the proposed amendments.
The Board of County Commissioners held a public hearing on July 20, 2016, to review and consider
transmittal of proposed comprehensive plan amendments for offshore islands to the State Land
Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes for
review and comment and voted to not transmit the proposed Comprehensive Plan Amendment and
directed Staff to prepare the proposed amendments to the Land Development Code as necessary to
provide suitable protections to the White Crowned pigeon and other applicable protected species.
Staff with the Planning & Environmental Resources Department held a Community Meeting in
accordance with Section 102-158 on Thursday, October 11, 2018 at the Monroe County Government
Center, Marathon, Florida at 5:30 p.m. (summary memo enclosed). No comments or
recommendations were received for this amendment.
On February 27, 2019, at a regularly scheduled meeting, the Monroe County Planning Commission
Packet Pg. 2981
Q.5
(PC) held a public hearing to consider the proposed amendment and provide for public comment.
The PC recommended approval to the BOCC (PC Resolution 4P13-19 —Exhibit 1).
PREVIOUS RELEVANT BOCC ACTION:
January 14, 2015 BOCC unanimously passed a motion to direct staff to impose a temporary
moratorium upon certain development applications of Offshore Islands due to pending legislation.
December 10, 2014, BOCC directed that pending and proposed new Comprehensive Plan
amendments specifically concerning Offshore Islands and building height restrictions be removed
from the larger Comprehensive Plan update project and that each be considered as a separate and
distinct comprehensive plan amendment to be voted upon and submitted to the State of Florida
separately from the rest of the cumulative Comprehensive Plan update project package.
July 20, 2016 BOCC voted to not transmit the proposed Comprehensive Plan Amendment and
directed Staff to prepare the proposed amendments to the Land Development Code as necessary to
provide suitable protections to the White Crowned pigeon and other applicable protected species
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
DOCUMENTATION:
Nesting Areas 2016-123 Staff Report BOCC 5-22-2019
Nesting Areas BOCC Ordinance
community meeting summary memo
PC Resolution P13-19
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Packet Pg. 2982
Q.5
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 05/02/2019 1:31 PM
Steve Williams Completed 05/02/2019 2:04 PM
Maureen Proffitt Completed 05/02/2019 2:14 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 11:13 AM
Budget and Finance Skipped 04/30/2019 2:49 PM
Maria Slavik Skipped 04/30/2019 2:49 PM
Kathy Peters Completed 05/06/2019 10:43 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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Q.5.a
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MEMORANDUM L-
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, Senior Director of Planning & Environmental Resources
as
From: Michael Roberts, Sr. Administrator of Environmental Resources
as
Date: April 30, 2019
as
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE CO UNTY LAND DEVELOPMENT
CODE CREATING A DEFINITION OF NESTING AREA; PROVIDING FOR to
SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY E
AND THE SECRETARY OF STATE, PROVIDING FOR INCLUSION IN THE 2
MONROE COUNTY LAND DEVELOPMENT CODE, PROVIDING FOR AN >
EFFECTIVE DATE. (File 2016-123)
Meeting: May 22, 2019
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I. REQUEST 04
04
04
The Monroe County Planning & Environmental Resources Department is proposing an
amendment to Chapter 101-1 of the Land Development Code (LDC) to amend the definition of U
Nesting Areas (for birds) as follows:
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Nesting Areas (for bards) means those areas that birds use for nesting. This_� 2������� ��� ����� as
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IL BACKGROUND INFORMATION
04
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On December 10, 2014, the Board of County Commissioners directed that pending and proposed 2
new Comprehensive Plan amendments specifically concerning Offshore Islands and building <
height restrictions be removed from the larger Comprehensive Plan update project and that each
be considered as a separate and distinct comprehensive plan amendment to be voted upon and a)
submitted to the State of Florida separately from the rest of the cumulative Comprehensive Plan ..
update project package.
E
U
File 2016-123 BOCC Staff Report Page 1 of 4
Packet Pg. 2984
Q.5.a
The Board of County Commissioners of Monroe County, at a special meeting on January 14,
2015,unanimously passed a motion to direct staff to impose a temporary moratorium upon certain
development applications of Offshore Islands due to pending legislation.
In their review of the Comprehensive Plan update, the Planning Commission recommended 0
revisions be made to Policy 206.1.2 specifying that the County Biologist will verify data and I-
surveys submitted to document a bird rookery; and also recommended revisions be made to Policy
206.1.2 pertaining to including semi-colonial birds and recommended approval of the proposed c
amendments.
4-
The Board of County Commissioners held a public hearing on July 20, 2016, to review and
consider transmittal of proposed comprehensive plan amendments for offshore islands to the State
Land Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), Florida 2
Statutes for review and comment and voted to not transmit the proposed Comprehensive Plan
Amendment and directed Staff to prepare the proposed amendments to the Land Development E
Code as necessary to provide suitable protections to the White Crowned pigeon and other
applicable protected species.
The 2030 Comprehensive Plan (adopted April 13, 2016) includes the following definition of a
Nesting Areas (for birds) in its Glossary: �s
Nesting Areas (for birds)means those areas that birds use for nesting. This applies to
0.
wading birds, hawks,falcons, seabirds, shorebirds, and any bird species federally or 2
state-listed as endangered, threatened, or a species of special concern. This definition �
does not apply to non-native invasive or nuisance species.
The proposed LDC text amendment is necessary to make the LDC definition of Nesting Areas
(for birds) consistent with the definition in the Comprehensive Plan.
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Staff with the Planning & Environmental Resources Department held a Community Meeting in c"'v
accordance with Section 102-158 on Thursday, October 11, 2018 at the Monroe County Ls
Government Center, Marathon, Florida at 5:30 p.m. (summary memo enclosed). No comments U
or recommendations were received for this amendment.
0
0.
On February 27, 2019, at a regularly scheduled meeting, the Monroe County Planning 0
Commission (PC) held a public hearing to consider the proposed amendment and provide for
public comment. The PC recommended approval to the BOCC(PC Resolution 4P13-19—Exhibit
I).
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III. PROPOSED AMENDMENT
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(Deletions are stti kef tht:, and additions are underlined.) 2
Based on the BOCC direction, the proposed amendment to Section 101-1 is below.
Sec. 101-1. Definitions. 0
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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning: E
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File 2016-123 BOCC Staff Report Page 2 of 4
Packet Pg. 2985
Nesting Areas (for birds) means those areas that birds use for nesting. Thjs__�pp
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IV.ANALYSIS OF PROPOSED AMENDMENT
As detailed in section 11 above, the proposed amendment to the Land Development Code is
consistent with the 2030 Comprehensive Plan. The proposed amendment has been the subject of 2
much public discussion and review, culminating in the July 20 BOCC meeting in which the Board
directed staff to prepare the amendment to reflect the definition provided in the Glossary of the
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Comprehensive Plan. The proposed amendment was also evaluated for consistency with section 'a
102-158 of the Land Development Code (below).
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The proposed amendment is consistent with one or more of the required provisions of LDC
0
Section 102-158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or E
0.
boundary was based; .2
0
N/A >
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in �
volume I of the plan; N N
N/A Ls
0
4. New issues;
The County is proposing text amendments to Section 101-1 to reflect the definition provided in 0
the Glossary of the Comprehensive Plan. The proposed text amendment to Section 101-1 is
necessary to be consistent with the comprehensive plan. Note, Sections 163.3194 and 163.3201,
F.S., require land development regulations to be consistent with and implement the
Comprehensive Plan.
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5. Recognition of a need for additional detail or comprehensiveness; or
N/A N U)
6. Data updates;
N/A
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7. In no event shall an amendment be approved which will result in an adverse change in community z
character to the sub-area which a proposed amendment affects or to any area in accordance with
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a Livable CommuniKeys master plan pursuant to findings of the BOCC.
File 2016-123 BOCC Staff Report Page 3 of 4
1 Packet Pg. 2986
Q.5.a
The proposed amendment will not result in an adverse community change to the areas it affects.
V. PROCESS
Land Development Code Amendments may be proposed by the Board of County Commissioners, the U)
Planning Commission, the Director of Planning, private application, or the owner or other person z
having a contractual interest in property to be affected by a proposed amendment. The Director of 0
Planning shall review and process applications as they are received and pass them onto the r-
Development Review Committee and the Planning Commission.
4-
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption
of the proposed amendment, and considers the staff report, staff recommendation, Planning E
Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
the proposed amendment based on one or more of the factors established in LDC Section 102- E
158(d)(7).
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VI. STAFF RECOMMENDATION
Staff recommends APPROVAL of the proposed amendment. c0.
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File 2016-123 BOCC Staff Report Page 4 of 4
Packet Pg. 2987
Q.5.b
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6 MONROE COUNTY, FLORIDA
7 ORDINANCE NO. -2019 U)
0
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 0
10 COMMISSIONERS AMENDING SECTION 101-1 OF THE MONROE
11 COUNTY LAND DEVELOPMENT CODE CREATING A DEFINITION
12 OF NESTING AREA; PROVIDING FOR SEVERABIL,ITY; a
13 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
14 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
15 PLANNING AGENCY AND THE SECRETARY OF STATE;
16 PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
17 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
18 E
19
20 WHEREAS,the Board of County Commissioners of Monroe County, at a special meeting E
21 on January 14, 2015, unanimously passed a motion to direct staff to impose a temporary
22 moratorium upon certain development applications of Offshore Islands due to pending legislation; c
�s
23 and
24 E
25 WHEREAS,the Planning Commission recommended revisions be made to Policy 206.1.2 0.
26 specifying that the County Biologist will verify data and surveys submitted to document a bird >
27 rookery; and also recommended revisions be made to Policy 206.1.2 pertaining to including semi-
28 colonial birds and recommended approval of the proposed amendments; and
29
30 WHEREAS, the Board of County Commissioners held a public hearing on July 20, 2016,
31 to review and consider transmittal of proposed comprehensive plan amendments for offshore
32 islands to the State Land Planning Agency and Reviewing Agencies as defined in Section
33 163.3184(1)(c), Florida Statutes for review and comment and voted to not transmit the proposed 0
34 Comprehensive Plan Amendment and directed Staff to prepare the proposed amendments to the
35 Land Development Code as necessary to provide suitable protections to the White Crowned pigeon 0
36 and other applicable protected species; and U)
37
38 WHEREAS, the protection of the White Crowned pigeon and other applicable protected
39 species is best done through the protection of nesting areas for these species; and
40 0
41 WHEREAS, the 2030 Comprehensive Plan includes a definition for Nesting Areas (for ..
42 birds); and
43 E
44 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
45 Comprehensive Plan, amendments to the Land Development Code are necessary; and
46
Ord. -2019
File 42016-123 Page 1 of 3
Packet Pg. 2988
Q.5.b
I WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
2 regulations to be consistent with and implement the Comprehensive Plan; and
3
4 WHEREAS, the proposed Land Development Code amendment is consistent with the
5 definition for Nesting Areas (for birds)in the Comprehensive Plan; and
6
7 WHEREAS, based upon the information and documentation submitted, the Planning U)
8 Commission makes the following Findings of Fact and Conclusions of Law: z
9
10 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the r-
11 Monroe County Year 2030 Comprehensive Plan; and
4-
12 2. The proposed amendment is consistent with the Principles for Guiding Development 'a
13 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and cs
14 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute.
15 4. The proposed amendment is necessary due to a need for additional detail as required
16 by Section 102-158 of the Monroe County Code;
17 E
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY n
19 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
20
21 Section 1. Section 101-1 of the Monroe County 2016 Land Development Code is amended
22 as shown. (Deletions are stricken through and additions are underlined.)
23 E
24 Chapter 101 GENERAL PROVISIONS 2
25 Sec. 101-1. Definitions.
26 The following words, terms and phrases, when used in this chapter, shall have the meanings
27 ascribed to them in this section, except where the context clearly indicates a different meaning:
28
29
30 Nesting Areas (for birds) means those areas that birds use for nesting. This applies to wading
31 birds, hawks, falcons, seabirds, shorebirds, and any bird species federally or state-listed as
32 endangered, threatened, or a species of special concern. This definition does not apply to non- 0
33 native invasive or nuisance species.
34 0
35 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or U)
36 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by
37 such validity.
38
39 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 0
40 conflict with this ordinance are hereby repealed to the extent of said conflict.
41
42 Section 4. Transmittal. This ordinance shall be transmitted by the Board of County
43 Commissioners to the Florida State Land Planning Agency pursuant to Chapter 163 and 380,
44 Florida Statutes.
45
Ord. -2019
File 42016-123 Page 2 of 3
Packet Pg. 2989
Q.5.b
I Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
2 Secretary of State of Florida, but shall not become effective until a notice is issued by the Florida
3 State Land Planning Agency or Administration Commission finding the amendment in
4 compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
5
6 Section 6. Inclusion in the Land Development Code. The amendment shall be
7 incorporated in the Monroe County Land Development Code. The numbering of the foregoing U)
8 amendment may be renumbered to conform to the numbering in the Monroe County Land z
9 Development Code. 0
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
12 County, Florida, at a regular meeting held on the day of , 2019.
13
14 Mayor Sylvia Murphy
15 Mayor Pro Tem Danny L. Kolhage
16 Commissioner Heather Carruthers
17 Commissioner Michelle Coldiron
18 Commissioner David Rice
19 as
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20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24 BY
25 Mayor Sylvia Murphy
26 E
27 (SEAL) 0.
28 y
29 ATTEST: KEVIN MADOK, CLERK
30
31
32 `z'
33 DEPUTY CLERK
34
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Ord. -2019
File 42016-123 Page 3 of 3
Packet Pg. 2990
Q.5.c
County of Monroe
Department of Environmental Resources � ' Board of County Commissioners
Suite#420 " � �(, "��� Mayor David Rice,District 4 Q
2798 Overseas Highway
g y � � 1 y �,,� � Mayor Pro Tern Sylvia T.Murphy,District 5 cm
t i Dann L.Kolh e District I
Marathon FL 33050 y ag ,
II George Neugent,District 2
Voice: (305)289-2500 4
FAX: (305)289-2536 Heather Carruthers,District 3
0
We strive to be caring,professional,and fair.
MEMORANDUM
October 12, 2018
TO: Emily Schemper, Acting Sr. Director of Planning & Environmental Resources
FROM: Michael Roberts, Sr. Administrator of Environmental Resources
as
SUBJ: COMMUNITY MEETING FOR NESTING AREA AND OFFSHORE ISLAND LAND
as
DEVELOPMENT CODE AMENDMENTS (FILE 4'S 2016-123 & 2016-124)
The Community Meeting required by Section 102-58 for the above amendments was held Thursday,
October 11, 2018 at the Monroe County Government Center, Marathon, Florida at 5:30 p.m.. 0
as
The meeting was sparsely attended (four members of the public). I reviewed the proposed amendments
with those present, and the following comments/recommendations were made by those present:
Nesting Areas (2016-123):
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No recommendations for changes.
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Offshore Islands (2016-124):
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d QMI?La as lsl and All tnictgres d�°ye.o,-)G.a(:l used or occta_led on land classified as an Offshore Island
�. ... .
shall be da iglrr f. , laacaa;aa d aata constructed such that: E
l. dev laa as paant shall be y.lLghabated on aa:�.:f�horra asl��rat�.:s..... ancludn� spoil islands)which have been
rr �... �aladocurneuaal�«rra«�aar.rrr �,^�t�a�ll.�tilna d bird rookery or rriic..'tln� area based on res®arcs a ency best �
..
...,. aratry „y,,,,,,, , ,,, a,1;,9 , uvao„1,a;l;,l,,,,,trrl, ,,,, „',o ast�.l Mana ernent Policy 206.1.2.), E
a) There was discussion as to whether this paragraph applied to new development only, or if it would 0
extend to redevelopment or expansion of existing development(the specific examples discussed were
Little Palm Island and Ballast Key). As worded, I believe this prohibition would extend to existing
development. Discussion is needed to determine the breadth of this prohibition.
2016-123 &2016-124 Community meeting memo Page 1 of 2
Packet Pg. 2991
b) There was public recommendation to extend this prohibition to offshore islands that are documented
habitat for ANY/ALL imperiled species. I explained that this may not be possible due to liabilities
associated with regulatory takings.
2. new resource extr,�. lion pjj�, shall be on offshore islands; 0 COMMENTS 2
................................................. ...................... <
shall n t..b rimitive
................................................................................................�2.............. U)
rn OWTICT I-) W I a i I hich no land c.e r ng !2.L g
—.Ili— ha—!h.�. ............................ ............................................................................................................................................................... ...th��.r al teration of the 'stand occurs the z
...... ..............
imly C........... t, NO COMMENTS jj�,e, of offshore island whi h t y thout necessity of a permit; 0
............................................................................................................................
4� Ihe iise of an nat o r i z e d v e h i c I e s i n c I i.I.d i t2 g� tI.II L21 !..i!:p
.......................... ............................. ........... .......... _Lited_to, trucks, arts buses,motorcycles,
..al,a..... carts ......
aff-tcrrain vehicles .trid g�211' carts shall be 12MIlibited on offibore islands that do not captain any..................................................... ..................................................................................................... .....................................................................
ala
:yf j2pMf V NO COMMENTS
L—lad sjnlirw,..wit na, ive v on sha]I be en co.urag h t d Ehenever possible on spoil islands; and
.......... ................................................... .....................................................................................................................................
a) There was public recommendation to establish specific requirements/standards for native
landscaping, and to extend this requirement to development of all offshore islands, not just spoil E
islands.
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County .)II-.)Iic f,.,a:Cilities .ttild S-,Tvic(.Is:, excttuling--g�cctrLqi............................................................................................
Cornrnis,sion of the State offlorida ic ion shall not be extended to offshore islands. 0
2—..........................of...the...................................................................................................................... I i..i.r i s d...............t....................... .— U
]""hc ( XACIISJ�ollo ublic facilities shall b r.'.q1IJrcd to crow I � with Policy 101.12.2. NO COMMENTS
............. ........................................... ............................................................................................. ... ....................................R_y
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2016-123 &2016-124 Community meeting memo Page 2 of 2
1 Packet Pg. 2992
Q.5.d
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5
6 MONROE COUNTY, FLORIDA
7 PLANNING COMMISSION RESOLUTION NO. P13-19
8 U)
9 A RESOLUTION BY THE MONROE COUNTY PLANNING
1.0 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
11 BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND
13 DEVELOPMENT CODE CREATING A DEFINITION OF NESTING
14 AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR
15 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
16 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
17 THE SECRETARY OF STATE, PROVIDING FOR INCLUSION IN THE
18 MONROE COUNTY LAND DEVELOPMENT CODE. PROVIDING
19 FOR AN EFFECTIVE DATE.
20
21 E
22 WHEREAS,the Board of County Commissioners of Monroe County, at a special meeting
23 on January 14. 2015, unanimously passed a motion to direct staff to impose a temporary
24 moratorium upon certain development applications of Offshore Islands due to pending legislation; a
25 and 0.
26
27 WHEREAS,the Planning Commission recommended rep°isions be made to Policy 206.1.2
28 specifying that the County Biologist will verify data and surveys submitted to document a bird �
29 rookery; and also recommended revisions be made to Policy 206.1.2 pertaining to including semi-
30 colonial birds and recommended approval of the proposed amendments; and
31
32 WHEREAS, the Board of County Commissioners held a public hearing on July 20, 2016,
33 to revie,% and consider transmittal of proposed comprehensive plan amendments for offshore
0
34 islands to the State Land Planning Agency and Reviewing Agencies as defined in Section a
35 163.3184(1)(c), Florida Statutes for review and comment and voted to not transmit the proposed
36 Comprehensive Plan Amendment and directed Staff to prepare the proposed amendments to the
37 Land Development Code (LDC)as necessary to prop ide suitable protections to the White Crowned a
38 pigeon and other applicable protected species; and
39
40 WHEREAS, the protection of the White Crowned pigeon and other applicable protected
41 species is best done through the protection of nesting areas for these species; and
42
43 WHEREAS, the 2016 LDC does not contain a definition of nesting areas for birds; and
Resolution#P13.19
File#2016-123 Page I of 3 Packet Pg. 2993
Q.5.d
I WHEREAS,a Community Meeting was held on October 11, 2018 regarding the proposed
2 amendment, in accordance with LDC Section 102-158; and
3
4 WHEREAS,the Monroe County Development Review Committee (DRC) considered the U
5 proposed amendment at a regularly scheduled meeting held on November 13, 2018; and
6
7 WHEREAS,the Monroe County Planning Commission held a public hearing on February
8 27. 2019, for review and recommendation on the proposed amendment; and z
9
10 WHEREAS, the Planning Commission was presented with the following documents and
I I other information relevant to the request, which by reference is hereby incorporated as part of the
12 record of said hearing:
13 1. Staff report prepared by Michael Roberts, Sr. Administrator of Environmental
14 Resources dated February 4, 2019;
15 2. Sworn testimony of Monroe County Planning & Environmental Resources
16 Department staff; and
17 3. Advice and counsel of Peter Morris, Assistant County Attorney, and John Wolfe,
18 Planning Commission Counsel; and
19
20 WHEREAS, based upon the information and documentation submitted, the Planning 0
21 Commission makes the following Findings of Fact and Conclusions of Law:
22
23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
24 Monroe County Year 2030 Comprehensive Plan; and �
25 2. The proposed amendment is consistent with the Principles for Guiding Development
26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7). F.S.; and
M
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27 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
28 4. The proposed amendment is necessary due to new issues as required b}' Section 102-
29 158 of the Monroe County Code;
30
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31 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
32 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
33 approval by the Board of County Commissioners of the proposed Land Development Code
34 amendment to Chapter 101-1 to provide a definition for nesting areas (birds), as presented in the
35 staff report dated February 4, 2019.
36
37 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
38 Florida, at a regular meeting held on the 271h day of February, 2019.
39
Resolution#P13-19
File#2016-123 Page 2 of ? Packet Pg. 2994
Q.5.d
I Denise Werling, Chair Yes
2 William Wiatt, Commissioner Yes
3 Tom Coward, Commissioner Yes
4 Joe Scarpelli, Commissioner Yes
5 Ron Miller, Commissioner Yes 2
6
7 PLANNING CO. SSION OF 1 N OE COUNTY, FLORIDA U)
9 By .
10 Denise Werling, Chair
.2
11
a®
12 Signed this ,�� day of , 2019
13
14 „ .
15 "NOTARY PI..TBLIC, STATE OF FLORIDA
16 �
17 Monroe County Planning Commission Attorney
18 Ap roved As To Form
19
20 E
21 4,4ohn J. Wolfe
22 Date: e
23
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File#2016 123 PaLc 3 of 3 Packet Pg. 2995