Item Q2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 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 amend Sections 102-185 and 102-215
of the Monroe County Code to clarify certain appellate procedures that are set forth in the Monroe County Code.
ITEM BACKGROUND:
Certain procedures established in Ordinance #019-1993 do not reflect either the actual practice before the Planning
Commission nor do they reflect proper due process before the Commission. In addition, certain procedures and timelines
within the appellate process established in Ordinance #019-1993 appear to be contradictory.
At this time, following coordination with the Attorney's Office, staff is proposing amendments to resolve these issues.
During a regularly scheduled meeting held on December 18, 2012, the Monroe County Development Review Committee
reviewed the ordinance and recommended approval to the BOCC. During a regularly scheduled meeting held on
February 27, 2013, the Planning Commission reviewed the ordinance and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
BUDGETED: Yes No
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 #
f
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
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: March 28, 2013
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTIONS 102-
185 AND 102-215 IN ORDER TO CLARIFY CERTAIN APPELLATE
PROCEDURES, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH, PROVIDING
FOR FILING WITH THE SECRETARY OF STATE AND THE STATE LAND
PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE.
Meeting: April 17, 2013
2 I REQUEST
3
4 The Monroe County Attorney's Office and Planning & Environmental Resources
5 Department is proposing amendments to the text of § 102-185 and § 102-215 of the Monroe
6 County Code. The purpose of the proposed amendments is to clarify certain appellate
7 procedures that are set forth in the Monroe County Code.
8
9 II RELEVANT PRIOR COUNTY ACTIONS:
10
11 To provide regulations outlining the appeal processes, the County established MCC § 102-
12 185 (formerly §9.5-521). Since its establishment in 1986 by Ordinance #033-1986, MCC
13 §102-185 has been amended via Ordinances #040-1987, #019-1989, #019-1993 and #012-
14 2008.
15
16 To provide regulations related to the preparation of record for appeals heard by hearing
17 officers, the County established MCC §102-215 (formerly §9.5-537). Since its establishment
18 in 1993 by Ordinance #019-1993, MCC §102-215 has not been amended.
19
20 During a regularly scheduled meeting held on December 18, 2012, the Monroe County
21 Development Review Committee reviewed the ordinance and recommended approval to the
22 BOCC.
23
24 During a regularly scheduled meeting held on February 27, 2013, the Planning Commission
25 reviewed the ordinance and recommended approval to the BOCC.
Page 1 of 3 (File #2012-162)
I III REVIEW
2
3 Certain procedures established in Ordinance #019-1993 do not reflect either the actual
4 practice before the Planning Commission nor do they reflect proper due process before the
5 Commission. In addition, certain procedures and timelines within the appellate process
6 established in Ordinance #019-1993 appear to be contradictory. At this time, following
7 coordination with the Attorney's Office, staff is proposing amendments to resolve these
8 issues.
9
10 Therefore, staff recommends the following changes (Deletions are strieken ar— t b and
11 additions are Text to remain the same is in black):
12
13 See.102-185. Appeals.
14
15 (a) Authority. The planning commission shall have the authority to hear and decide appeals
16 from any decision, determination or interpretation by any administrative official with
17 respect to the provisions of this ele Land Development Code and the standards and
18 procedures hereinafter set forth, except that the board of county commissioners shall hear
19 and decide appeals from administrative actions regarding the floodplain management
20 provisions of this
21
22 (b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
23 aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident or
24 real property owner from any order, decision, determination or interpretation by any
25 administrative official with respect to the provisions of this eMpW Land Development
26 Code.
27
28 (c) Procedures. A notice of appeal in the form prescribed by the difeetoF (3= planning director
29 must be filed with the county administrator and with the office or department rendering the
30 decision, determination or interpretation within thirty (30) calendar days of the decision.
31 Failure to file such appeal shall constitute a waiver of any rights under this ehapte Land
32 Development Code to appeal any decision, interpretation or determination made by an
33 administrative official. Such notice shall be accompanied by the names and addresses of
34 the owner, applicant, property owner, and adjacent property owners. The filing of such
35 notice of appeal will require the administrative official whose decision is appealed to
36 forward to the commission or board within 15 calendar days any and all records concerning
37 the subject matter of the appeal and to send written notice of the appeal to the owner,
38 applicant, property owner, and adjacent property owners, if different from the person filing
39 the appeal, within 15 calendar days of receipt of the notice of appeal.
40
41 (d) Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and
42 any proceedings in furtherance of the action appealed fmm unless the administrative
43 official rendering such decision, determination or interpretation certifies in writing to the
44 commission and the applicant that a stay poses an imminent peril to life or property, in
45 which case the appeal shall not stay further permit activity and any proceedings. The
46 commission shall review such certification and grant or deny a stay of the proceedings.
Page 2 of 3 (File #2012-162)
1
2 (e) Action of the Commission. The planning commission shall consider the appeal at a duly
3 called public hearing following receipt of all records concerning the subject matter of the
4 appeal. Any person entitled to initiate an appeal may, along with County staff and counsel,
5 have an opportunity to address the commission at that meeting:
6 ,
7
8 ; and all parties to the appeal shall have the opportunity to
9 present evidence ar ' create a record before the planning commission. a� Any appeals
10 before the hearing officer shall be based upon and restricted to the record.
11
12 (f) Appeal to hearing officer. Any person participating as an appellant or appellee at the
13 hearing described in subsection (e) of this section may request an appeal of that the
14 decision of the _p1mminiz commission or in the case of a flood lain management provision
15 appeal, the decision of the board of chatmty commissioners. under chapter 102, article VI,
16 division 2 by filing the notice required by that article within 30 days after the date of the
17 written decision of the planning commission or in the case of a floodplain management
18 provision appeal the written decision of the board of county commissioners.
19
20
21
22 See. 102-215. Preparation of the record.
23
24 Within 30 days of filing the notice, the secretary shall prepare the record
25 prescribed in section 102-216 and serve copies of the index of the record on all parties.
26 Within 30 94 days of the filing of the notice, the secretary shall transmit the record to the
27 hearing officer and copies to all parties. The board of county commissioners may establish
28 reasonable fees for copies furnished the parties.
29
30 IV RECOMMENDATION
31
32 Staff has found that the proposed text amendment would be consistent with the Principles for
33 Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe
34 County Comprehensive Plan and the Monroe County Code.
35
36 Further, staff has found that the proposed text amendment would be in compliance with the
37 provisions of §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service
38 needs) from those on which the text or boundary was based; 2. Changed assumptions (e.g.,
39 regarding demographic trends); 3. Data errors, including errors in mapping, vegetative types
40 and natural features described in volume I of the plan; 4. New issues; 5. Recognition of a
41 need for additional detail or comprehensiveness; or 6. Data updates. Specifically, the
42 proposed text amendments are necessary due to recognition of a need for additional detail or
43 comprehensiveness.
44
45 Staff recommends that the Board of County Commissioners amend the Monroe County Code
46 as stated in the text of this staff report.
Page 3 of 3 (File #2012-162)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTIONS 102-185 AND 102-215; CONCERNING
CERTAIN APPELLATE PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
FILING WITH THE SECRETARY OF STATE AND THE STATE
LAND PLANNING AGENCY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, certain procedures established in Ordinance No. 019-1993 do not reflect either the
actual practice before the Monroe County Planning Commission nor do they reflect proper due
process before the Commission; and
WHEREAS, certain procedures and timelines within the appellate process established in
Ordinance No. 019-1993 appear to be contradictory; and
WHEREAS, based upon the information and documentation submitted, the Commission makes
the following Conclusions of Law: 1) the text amendment is consistent with the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; 2) the text amendment
is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 3)
the text amendment is consistent with the provisions and intent of the Monroe County Code; and
WHEREAS, during a regularly scheduled meeting held on December 18, 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 February 27, 2013, 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. Section 102-185 of the Monroe County Code shall be amended as follows (deletions
are strielen th,-,eugh and additions are underlined):
Page l of 4
Sec.102-185. Appeals.
(a) Authority. The planning commission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any administrative official with
respect to the provisions of this ehaptel Land Development Code and the standards and
procedures hereinafter set forth, except that the board of county commissioners shall hear
and decide appeals from administrative actions regarding the floodplain management
provisions of this ehapter Land Development Code.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident or
real property owner from any order, decision, determination or interpretation by any
administrative official with respect to the provisions of this ehapter Land Development
Code.
(c) Procedures. A notice of appeal in the form prescribed by the teeter of planning director
must be filed with the county administrator and with the office or department rendering the
decision, determination or interpretation within thirty (30) calendar days of the decision.
Failure to file such appeal shall constitute a waiver of any rights under this ehapter Land
Development Code to appeal any decision, interpretation or determination made by an
administrative official. Such notice shall be accompanied by the names and addresses of
the owner, applicant, property owner, and adjacent property owners. The filing of such
notice of appeal will require the administrative official whose decision is appealed to
forward to the commission or board within 15 calendar days any and all records concerning
the subject matter of the appeal and to send written notice of the appeal to the owner,
applicant, property owner, and adjacent property owners, if different from the person filing
the appeal, within 15 calendar days of receipt of the notice of appeal.
(d) Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and
any proceedings in furtherance of the action appealed ftem unless the administrative
official rendering such decision, determination or interpretation certifies in writing to the
commission and the applicant that a stay poses an imminent peril to life or property, in
which case the appeal shall not stay further permit activity and any proceedings. The
commission shall review such certification and grant or deny a stay of the proceedings.
(e) Action of the Commission. The planning commission shall consider the appeal at a duly
called public hearing following receipt of all records concerning the subject matter of the
appeal. Any person entitled to initiate an appeal may along with County staff and counsel,
have an opportunity to address the commission at that meeting; and argument shed
sr + ,7 to the r-eeerd 1. 1 + that aFty appealing add . tfatiye dee
II CLLIYV 4VV n
r r �
.a t or-+ t +' shall be entitled to _p + e .;.le„ee an eate e e e«.a
er-Y
befere the planning ; and all parties to the appeal shall have the opportunity to
present evidence and create a record before the planning commission. any An appeals
before the hearing officer shall be based upon and restricted to the record.
Page 2 of 4
(f) Appeal to hearing officer. Any person participating as an appellant or appellee at the
hearing described in subsection (e) of this section may request an appeal of that the
decision of the planning commission or in the case of a floodplain management provision
appealthe decision of the board of county commissioners, under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days after the date of the
written decision of the planning commission or in the case of a floodplain management
provision appeal, the written decision of the board of county commissioners.
Section 2. Section 102-215 of the Monroe County Code shall be amended as follows (deletions
are stfielen thfeugh and additions are underlined):
Sec.102-215. Preparation of the record.
Within 30 days of filing the notice, the secretary shall prepare the record
prescribed in section 102-216 and serve copies of the index of the record on all parties.
Within 30 99 days of the filing of the notice, the secretary shall transmit the record to the
hearing officer and copies to all parties. The board of county commissioners may establish
reasonable fees for copies furnished the parties.
Section 3. 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.
Section 4. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 5. 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 6. 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.
Page 3 of 4
Section 7. 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 8. 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 92013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
LI-A
Deputy Clerk
Mayor George Neugent
Page 4 of 4
IST
E COUNTY ATTORNEY
ROV D AST ORM:
LJ
EVEN T. WILLIAMS
ASSISTA
Date , T OUNTY ATTORNEY
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P08-13
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY THE PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT FOR AN ORDINANCE BY THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING MONROE COUNTY CODE SECTIONS 102-185
AND 102-215 IN ORDER TO CLARIFY CERTAIN
APPELLATE PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR FILING WITH THE SECRETARY OF STATE AND THE
STATE LAND PLANNING AGENCY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, during a scheduled public meeting held on February 27, 2013, the Monroe
County Planning Commission conducted a review and consideration of a request filed by the
Planning & Environmental Resources Department for a text amendment to amend §102-185 and
§ 102-215 of the Monroe County Code; and
WHEREAS, certain procedures established in Ordinance #019-1993 do not reflect either
the actual practice before the Planning Commission nor do they reflect proper due process before
the Commission. In addition, certain procedures and timelines within the appellate process
established in Ordinance #019-1993 appear to be contradictory; and
WHEREAS, during a regularly scheduled meeting held on December 18, 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:
1. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated February 15, 2013; and
2. Drat Ordinance; and
3. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff, and
Resolution #P08-13
File #2012-162 Page 1 of 5
4. Advice and counsel of Susan Grimsley and Steve Williams, Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
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 text 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 consistent 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 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:
Resolution #P08-13
File #2012-162 Page 2 of S
Section 1. The Monroe County Code shall be amended as set forth in Exhibit A (deletions are
wiekendwou and additions are underline .
PASSED AND ADOPTED BY THE PLANNING COAL MSSION of Monroe County,
Florida, at a meeting held on the 27 h of February, 2013.
Chair Werling YES
Commissioner Hale YES
Commissioner Lustberg YES
Commissioner Miller YES
Commissioner Wiatt YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
l
BY
Denise Werling, Chair
Signed this day ofC��s. , 2013.
� �r. Y
MONR Ty RN
APP
*- 4 - - . -- --A� FILED WITH THE
Date:
LIAR — 6 2013
AGENCY CLERK
Resolution 008-13
File #2012-162 Page 3 of 5
Exhibit A
Sec.102-185. Appeals.
(a) Authority. The planning commission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any administrative official with
respect to the provisions of this eMpW Land Development Code and the standards and
procedures hereinafter set forth, except that the board of county commissioners shall hear
and decide appeals from administrative actions regarding the floodplain management
provisions of this eh Land Development Code.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident or
real property owner from any order, decision, determination or interpretation by any
administrative official with respect to the provisions of this eMpW Land Develornnent
Code.
(c) Procedures. A notice of appeal in the form prescribed by the dkeetw a planning director
must be filed with the county administrator and with the office or department rendering the
decision, determination or interpretation within thirty (30) calendar days of the decision.
Failure to file such appeal shall constitute a waiver of any rights under this Land
Dgvelopment Code to appeal any decision, interpretation or determination made by an
administrative official. Such notice shall be accompanied by the names and addresses of
the owner, applicant, property owner, and adjacent property owners. The filing of such
notice of appeal will require the administrative official whose decision is appealed to
forward to the commission or board within 15 calendar days any and all records concerning
the subject matter of the appeal and to send written notice of the appeal to the owner,
applicant, property owner, and adjacent property owners, if different from the person filing
the appeal, within 15 calendar days of receipt of the notice of appeal.
(d) Effect offiling an appeal. The filing of a notice of appeal small stay all permit activity and
any proceedings in furtherance of the action appealed from unless the administrative
official rendering such decision, determination or interpretation certifies in writing to the
commission and the applicant that a stay poses an imminent peril to life or property, in
which case the appeal shall not stay further permit activity and any proceedings. The
commission shall review such certification and grant or deny a stay of the proceedings.
(e) Action of the Commission. The planning commission shall consider the appeal at a duly
called public hearing following receipt of all records concerning the subject matter of the
appeal. Any person entitled to initiate an appeal may, along with County staff and counsel.
have an opportunity to address the commission at that meetin ;
and all parties to the aDveal shall have the gpRartum
�y to
present evidence and create a record before the planning commission. ay Any appeals
before the hearing officer shall be based upon and restricted to the record.
Resolution #P08-I3
File #20I2-162 Page 4 of 5
(f) Appeal to hearing officer. Any person participating as an appellant or appellee at the
hearing described in subsection (e) of this section may request an appeal of that decision
under chapter 102, article VI, division 2 by filing the notice required by that article within
30 days after the date of the written decision of the planning commission.
See.102-185. Preparation of the record.
Within 30 days of filing the notice, the secretary shall prepare the record
prescribed in section 102-216 and serve copies of the index of the record on all parties.
Within 30 90 days of the filing of the notice, the secretary shall transmit the record to the
hearing officer and copies to all parties. The board of county commissioners may establish
reasonable fees for copies furnished the parties.
Resolution 008-13
File #2012-162 Page 5 of 5
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 02-13
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 MONROE
COUNTY CODE SECTIONS 102-185 AND 102-215 IN ORDER
TO CLARIFY CERTAIN APPELLATE PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR FILING WITH THE
SECRETARY OF STATE AND THE STATE LAND
PLANNING AGENCY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, during a regularly scheduled meeting held on December 18, 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 an
amendment to the text of § 102-185 and § 102-215 of the Monroe County Code; and
WHEREAS, the purpose of the proposed amendment is to clarify certain appellate
procedures that are set forth in the Monroe County Code; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1. 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
Resolution # DRC 02-13
File #2012-162 Page 1 of 2
3. The proposed text amendments are consistent with 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 information provided in the
staff report and discussed at the December 18, 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.
Date �? —52—13
Townsle crab, Development Review Committee Chair and
Senior Director 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 take acknowledgments, personally appeared Townley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
�. .12013.
NOTARY PUBLIC. STATE OF FLORIDA
ANDREA GAIL CREECH
s Notary Pdit - Stdo of tROfO
. • My Comm. Expos Dec 18. 21014
'•� r Comminton I EE 40061
z' r
Bonded Through Nd*W NftyAOL
Resolution # DRC 02-13
File #2012-162 Page 2 of 2