Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16, 2003
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning Department
AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending Section 9.5-22 of
the Monroe County Land Development Regulations by adding a representative from the school district
to the Planning Commission in order to comply with an amendment to Section 1. Subsection (1) of
section 163.3174 of the Florida Statutes.
ITEM BACKGROUND: The Planning Department has proposed an amendment to Section 9.5-22 of
the Monroe County Land Development Regulations to add a representative from the school district to
the Planning Commission in order to comply with an amendment to Section 1. Subsection (1) of
section 163.3174 ofthe Florida State Statutes. This proposal was heard and approved on March 3,
2003 at a regular meeting of the Development Review Committee. The proposal was heard and
approved by the Planning Commission on March 12,2003. Only one public hearing is required for this
item.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/a Year N/ A
APPROVED BY: County Atty ~
. k Management N/ A
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION:
bcbded 1-
To Follow
Not Required_
AGENDA ITEM #-UL
DISPOSITION:
Revised 1/03
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Harvey Government Center
April 16, 2003
PROPOSED AMENDMENT TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
A request filed by the Monroe County Planning Department to amend the Monroe
County Land Development Regulations by amending Sec. 9.5-22 in order to add
a representative from the school district to the Planning Commission in order to
comply with an amendment to Section 1. Subsection (1) of Section 163.3174 of
the Florida Statutes.
Land Development Regulations text amendment
Staff
Approval
February 5, 2003
March 3, 2003
Staff Report
DRC
Approval
Resolution #007-03
PC
Approval
March 12, 2003
Resolution #P13-03
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: Fred Gross, Director of Lower Keys Planning Team
DATE: April 8, 2003
SUBJECT: Amendment to Section 9.5-22 of the Monroe County
Land Development Regulations adding a
representative from the school district to the
Planning Commission.
I. Background:
The Planning Department is proposing an amendment to Sec. 9.5-22
of the MC Land Development Regulations concerning the addition of a
representative from the school district to the planning commission as
required by the recent amendment of the Legislature of the State of
Florida. Section 1. Subsection (1) of section 163.3174, Florida Statutes
requiring such an inclusion. This proposal was reviewed and approved
by staff on March 3, 2003 at a regular meeting of the Development
Review Committee. This proposal was heard and approved by the
Planning Commission on March 12, 2003. Only one public hearing is
required for this item.
II ANALYSIS 8r. FINDINGS OF FACT
1. The Commission finds that there is a need to make the changes
outlined above.
2. The Commission finds that the proposed changes are consistent
with Section 9.5-511(d)(5)b.(iv) New Issues and (v) Recognition of
a need for additional detail or comprehensiveness.
3. The Commission finds that the proposed changes are consistent
with the goals of the MC Year 2010 Comprehensive Plan.
III PROPOSED TEXT
· Sec. 9.5-22. (Planning Commission) shall be amended as
follows:
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(7) A representative of the school district shall be apoointed
by the school board as a nonvoting member of the
olanning commission and shall attend those meetings at
which the planning commission considers comorehensive
olan amendments and rezonings that would, if aoproved,
increase residential density on the property that is the
subject of the apolication.
* Underlined text is new
IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Planning Commission
recommends APPROVAL of the proposed amendments to the Monroe
County Board of County Commissioners.
BOCC ORDINANCE
ORDINANCE NO. -2003
A ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST OF THE
MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY
ADDING SEC. 9.5-22(d)(7) (PLANNING COMMISSION
MEMBERSHIP) TO ADD A NON-VOTING MEMBER FROM THE
LOCAL SCHOOL DISTRICT.
WHEREAS, an amendment to Sec. 9.5-22 of the Monroe County Land
Development Regulations concerning the addition of a representative from the school
district to the planning commission is required by the recent amendment of the
Legislature of the State of Florida. Section 1. Subsection (1) of section 163.3174, Florida
Statutes requiring such an inclusion; and
WHEREAS, during a regular meeting held on March 12, 2003 the Monroe
County Planning Commission conducted a public hearing on the proposed text and
recommendations of staff; and
WHEREAS, no public opposition to the addition of a non-voting member from
the local School Board was received during the public hearing; and
WHEREAS, the Planning Commission after reviewing the staff report voted to
recommend the amendment to Sec. 9.5-22(d) to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes outlined above; and
WHEREAS, the Board of County Commissioners finds that the proposed changes
are consistent with Section 9.5-511 (d) (5)b. (iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Board of County Commissioners find that the proposed changes
are consistent with the goals of the Monroe County Year 20 I 0 Comprehensive Plan
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be adopted and
transmitted to the state land-planning agency for approval; NOW THEREFORE,
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-22(d) [ Planning Commission Membership: Appointment,
Removal, Terms and Vacancies], Monroe County Code, is hereby amended as follows:
Sec. 9.5-22. Planning Commission
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(7) A representative of the school district shall be appointed by the school
board as a nonvoting member of the planning commission and shall attend
those meetings at which the planning commission considers
comprehensive plan amendments and rezonings that would, if approved.
increase residential density on the property that is the subiect of the
application.
* Underlined text is new
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
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--------------------------
PASSED AND ADOPTED by the Board of County Commissioners of Momoe County,
Florida at a regular meeting beld on the day of , A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Conunissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P13-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING
SEC. 9.5-22 (PLANNING COMMISSION MEMBERSHIP) TO ADD
A NON-VOTING MEMBER FROM THE LOCAL SCHOOL
DISTRICT.
WHEREAS, an amendment to Sec. 9.5-22 of the Monroe County Land
Development Regulations concerning the addition of a representative from the
school district to the planning commission is required by the recent amendment
of the Legislature of the State of Florida. Section 1. Subsection (1) of section
163.3174, Florida Statutes requiring such an inclusion; and
WHEREAS, during a regular meeting held on March 12,2003 the Monroe
County Planning Commission conducted a public hearing on the proposed text
and recommendations of staff; and
WHEREAS, the Monroe County Planning Commission was presented with
the following evidence, which by reference is hereby incorporated as part of the
record of said hearing;
1. Staff report prepared on March 5, 2003 by Fred Gross, Island Planning Team
Director.
2. Proposed change to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
WHEREAS, the Commission finds that there is a need to make the
changes outlined above; and
WHEREAS, the Commission finds that the proposed changes are
consistent with Section 9.5-511 (d) (5)b. (iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan;
and
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings support its decision
to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following change to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department.
PROPOSED AMENDMENT:
· Sec. 9.5-22. (Planning Commission) shall be amended as
follows:
(d) Membership: Appointment, Removal, Terms, and Vacancies:
(7) A representative of the school district shall be appointed by the
school board as a nonvotina member of the planninq commission
and shall attend those meetinas at which the planninq commission
considers comprehensive plan amendments and rezoninas that
would. if approved. increase residential density on the property that
is the subiect of the application.
* Underlined text is new
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 12th day of March 2003.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Jiulio Margalli
Commissioner Alicia Putney
ABSENT
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of
,2003
APPROVED AS TO FORM
ANDLEGALS~cmNCY
BY
Attorney's Office
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