Item Q3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning& Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2517
Reynaldo Ortiz — 289-2589
AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the BOCC amending Monroe County
Code Section 102-20, Planning Commission, meetings hearings and procedure, to modify the requirement of bi-monthly
planning commission regular meetings to monthly planning commission regular meetings and to modify the types of
applications that may be heard at a special meeting.
ITEM BACKGROUND:
Having bi-monthly meetings for the Planning Commission imposes an unnecessary burden on Monroe County's
resources. Over the past 5 years, the Planning Commission has held numerous public hearings for a negligible
number of applicants and several meetings have been cancelled due to insufficient demand.
Among several other tasks, administrative staff prepare for each meeting by advertising the meeting, mailing
notices, assisting applicants in posting the site, preparing an agenda and managing documentation submitted by
applicants and the staff. Additional staff is necessary to broadcast the meetings and prepare the county facilities for
the public. Such work takes a considerable time and amounts for a significant cost, regardless of the number of
items to be heard.
Planning Commissioners are inconvenienced by cancelled meetings and blocking 22 dates off their calendars.
Further, Planning Commissioners may be inconvenienced by traveling to meetings that have only one or two items
for their review.
Decreasing the number of regularly scheduled meetings from bi-monthly to monthly is an opportunity to
consolidate resources and more effectively manage monetary commitments. As a note, regularly scheduled
meetings would be held in the month of August to assure that an application is heard in a timely manner.
Currently, meetings are not scheduled in August. Should the need arise the Planning Commission will continue to
have the option to schedule additional special meetings to meet an increase in demand. Maintaining this option
will allow needed flexibility to meet the needs of the community.
In addition, this amendment would provide the County with more flexibility as to the types of applications that
could be considered at a special meeting.
PREVIOUS RELEVANT BOCC ACTION:
MCC §102-20 was revised with Ordinance #030-2009.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
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 x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
k
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 102-20(n, PLANNING COMMISSION,
MEETINGS, HEARINGS AND PROCEDURE, TO MODIFY THE
REQUIREMENT OF BI-MONTHLY PLANNING COMMISSION
REGULAR MEETINGS TO MONTHLY PLANNING
COMMISSION REGULAR MEETINGS AND TO MODIFY THE
TYPES OF APPLICATIONS THAT MAY BE HEARD AT A
SPECIAL MEETING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Growth Management Division proposed amendments to the text of the Monroe
County Code; concerning the scheduling of the Monroe County Planning Commission. The
general purpose of the amendment is to adopt procedures that are fiscally responsible without
depriving the public of service and continue to provide adequate opportunity for public comment
on agenda items before the Planning Commission; and
WHEREAS, the regularly scheduled bi-monthly meetings for the Planning Commission are a
financial burden on Monroe County resources and are a duplication of effort. On occasion the
Planning Commission has held hearings for a negligible number of applicants and with some
meetings cancelled due to insufficient demand; and
WHEREAS, the Planning Commission has powers and duties that include to initiate, hear, review
and make recommendations to the board of county commissioners; hear, review and approve or
disapprove development applications; and serve as the local planning agency (LPA) as required by
Florida Statutes 163.3174; and
WHEREAS, by decreasing the number of regularly scheduled meetings from bi-monthly to
monthly is an opportunity to consolidate resources and more effectively manage monetary
commitments. In addition, regularly scheduled meetings are to be held in the month of August to
assure that an application is heard in a timely manner; and
Pagel of 3
WHEREAS, should the need arise the Planning Commission will continue to have the option to
schedule additional meetings to meet an increase in demand. Maintaining this option will allow
needed flexibility to meet the needs of the community; and
WHEREAS, staff has found that the proposed text amendments would alleviate duplication of
process and reserve financial resources for the community.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 102-20 shall be amended as follows:
(deletions are strieken through and additions are underlined):
See.102-20. — Planning commission.
(i) Meetings, hearings, and procedure.
(1) Regular meetings of the planning commission shall be scheduled Wies monthly beginning
January 4- of every calendar year and special meetings may be scheduled as required by a
majority of the board of county commissioners, the chair of the planning commission, or a
majority of the members of the planning commission. 14eweveF,
(2) The regularly scheduled (hi -monthly) meetings shall be held in Marathon oran appr-epfiate
lermfien in the mid&e keys. All items which relate to specific properties such as but not
limited to minor and major conditional uses, variances and administrative appeals, shall be
held at the regularly scheduled meetings, with the exception of propertyspecific
applications that have extenuating circumstances that require such applications to be
considered at special meetings in the lower or upper keys. The planning commission may,
in its discretion, schedule special meetings as required
by the demand for such meetings. In cases where an item is postponed due to the lack of a
quorum of the planning commission, the item shall be continued to a special meeting or to
the next available regular meeting. In cases where an item is postponed for any other reason,
the item shall be continued to the next regularly scheduled meeting. Items which are related
to specific properties, such as but not limited to text amendments to this chapter and
comprehensive plan amendments, may be heard in Marathon or the planning commission
may, in its discretion, schedule such items for the most appropriate area or for additional
meetings in each subarea.
(3) All meetings and hearings of the commission shall be open to the public.
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
Page 2 of 3
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the 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 State 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk
Mayor Heather Carruthers
MONROE COUNTY F RMEY
APPRO
Page 3 of 3 Date:
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be 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: Reynaldo Ortiz, Assoc. AIA, AICP, Planner
Date: July 15, 2011
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 102-20(I), PLANNING COMMISSION, MEETINGS,
HEARINGS AND PROCEDURE, TO MODIFY THE REQUIREMENT
OF BIMONTHLY PLANNING COMMISSION REGULAR
MEETINGS TO MONTHLY PLANNING COMMISSION REGULAR
MEETINGS AND TO MODIFY THE TYPES OF APPLICATIONS
THAT MAY BE HEARD AT A SPECIAL MEETING; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTBVG PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE DEPARTMENT OF COIITMUNITY AFFAIRS AND THE
SECRETARY OF STATE, PROVIDING FOR CODIFICATION,
PROVIDING FOR AN EFFECTIVE DATE
Meeting: August 17, 2011
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing an amendment to the text
5 of § 102-20(a)(i) of the Monroe County Code, which concerns the total number of public
6 hearings/meetings required to be held by the Planning Commission in a given year and the
7 locations in which such public hearings/meetings may be held.
8
9 II RELEVANT PRIOR COUNTY ACTIONS:
10
11 MCC § 102-20 was revised with Ordinance #030-2009.
12
13 III REVIEW
14
15 Having bi-monthly meetings for the Planning Commission imposes an unnecessary burden on
16 Monroe County's resources. Over the past 5 years, the Planning Commission has held
17 numerous public hearings for a negligible number of applicants and several meetings have
18 been cancelled due to insufficient demand.
19
Page 1 of 3 (File #2011-053)
I Among several other tasks, administrative staff prepare for each meeting by advertising the
2 meeting, mailing notices, assisting applicants in posting the site, preparing an agenda and
3 managing documentation submitted by applicants and the staff. Additional staff is necessary to
4 broadcast the meetings and prepare the county facilities for the public. Such work takes a
5 considerable time and amounts for a significant cost, regardless of the number of items to be
6 heard.
7
8 Planning Commissioners are inconvenienced by cancelled meetings and blocking 22 dates off
9 their calendars. Further, Planning Commissioners may be inconvenienced by traveling to
10 meetings that have only one or two items for their review.
11
12 By decreasing the number of regularly scheduled meetings from bi-monthly to monthly is an
13 opportunity to consolidate resources and more effectively manage monetary commitments. As
14 a note, regularly scheduled meetings would be held in the month of August to assure that an
15 application is heard in a timely manner. Currently, meetings are not scheduled in August.
16
17 Should the need arise the Planning Commission will continue to have the option to schedule
18 additional special meetings to meet an increase in demand. Maintaining this option will allow
19 needed flexibility to meet the needs of the community.
20
21 In addition, this amendment would provide the County with more flexibility as to the types of
22 applications that could be considered at a special meeting.
23
24 Upon review, staff has found that decreasing the regularly scheduled meetings for the Planning
25 Commission will provide an opportunity for efficiency without decreasing service to the
26 community.
27
28 Therefore, staff recommends the following changes (deletions are stfielen 43T�Ola and
29 additions are underlined):
30
31 See.102-20. — Planning commission.
32 ***
33
34 (i) Meetings, hearings, and procedure.
35 (1) Regular meetings of the planning commission shall be scheduled #Aiee monthly
36 beginning January I of every calendar year and special meetings may be scheduled as
37 required by a majority of the board of county commissioners, the chair of the planning
38 commission, or a majority of the members of the planning commission. Hewevef-, no
40 (2) The regularly scheduled (bi-monthly) meetings shall be held in Marathon er-
41 . All items which relate to specific properties
42 such as but not limited to minor and major conditional uses, variances and
43 administrative appeals, shall be held at the regularly scheduled meetings, with the
44 exception of property specific applications that have extenuating circumstances that
45 require such applications to be considered at special meetings in the lower or upper
46 keys. The planning commission may, in its discretion, schedule special meetings-in4he
Page 2 of 3 (File #2011-053)
1 uppeF and leweF KeyB wbafea as required by the demand for such meetings. In cases
2 where an item is postponed due to the lack of a quorum of the planning commission,
3 the item shall be continued to a special meeting or to the next available regular meeting.
4 In cases where an item is postponed for any other reason, the item shall be continued to
5 the next regularly scheduled meeting. Items which are related to specific properties,
6 such as but not limited to text amendments to this chapter and comprehensive plan
7 amendments, may be heard in Marathon or the planning commission may, in its
8 discretion, schedule such items for the most appropriate area or for additional meetings
9 in each subarea.
10 (3) All meetings and hearings of the commission shall be open to the public.
11
12 IV RECOMMENDATION
13
14 Staff has found that the proposed text amendment would be consistent with the provisions of
15 MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
16 those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
17 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
18 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
19 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
20 the proposed text amendments are necessary due to recognition of a need for additional detail
21 or comprehensiveness.
22
23 Staff recommends that the Board of County Commissioners amend the Monroe County Code
24 as stated in the text of this staff report.
Page 3 of 3 (File #2011-053)
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