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Item U2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 16. 2003 Division: Growth Management Bulk Item: Yes No X- Department: Planning Department AGENDA ITEM WORDING: A public hearing to adopt an ordinance by amending Sec. 9.5- 22(h)(I) of the Monroe County Land Development Regulations by adding a section to eliminate meetings during the month of August from regular yearly schedule of Planning Commission Hearings. ITEM BACKGROUND: The Monroe County Planning Commission has proposed an amendment to Section 9.5-22(h)(I) ofthe Monroe County Land Development Regulations to eliminate meetings during the month of August from the regular yearly schedule of Planning Commission Hearings. This proposal was heard and approved on March 3, 2003 at a regular meeting of the Development Review Commission. The proposal was heard and approved by the Planning Commission on March 12,2003. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACTtAGREEMENTCHANGES: 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 X OMB/Purchasing N/ A Risk Management Nt A DIVISION DIRECTOR APPROVAL: ,AICP DOCUMENTATION: Included ~ To Follow Not Required_ AGENDAITEM#~ 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 Commission to amend the Monroe County Land Development Regulations by amending Sec. 9.5-22(h)(1) in order to eliminate regular meetings during the month ot August from the regular yearly schedule of Planning Commission Hearings. 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 #P14-03 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 Sec. 9.5-22(h)(1) of the Monroe County Land Development Regulations adding a section to eliminate regular meetings during the month of August from regular yearly schedule of Planning Commission Hearings. I. BACKGROUND The Monroe County Planning Commission is proposing an amendment to Sec. 9.5-22 of the MC Land Development Regulations proposing that regular August public hearings on the Planning Commission be discontinued. 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 &. 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 change is 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 change is 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: (h) Meetings, Hearings and Procedure: (1) Regular meetings of the planning commission shall be scheduled beginning January 1 of every calendar year for twice monthly and as required by a majority of the board of county commissioners, the chairman of the planning commission, or a majority of the members of the planning commission. However. no regular meetings shall be scheduled for the month of August. * 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. HOCC 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 AMENDING SEe. 9.5-22(h)(1) (PLANNING COMMISSION MEETINGS) TO ELIMINATE THE REQUIREMENT FOR A REGULAR AUGUST MEETING. WHEREAS, an amendment to Sec. 9.5-22 ofthe Monroe County Land Development Regulations concerning the Monroe County Planning Commission meetings dates is being proposed in response to the Planning Commission's request that August public hearings be discontinued; 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 elimination of the regularly scheduled August meetings 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 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 finds 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. WHEREAS, the elimination of two meetings a year will not be detrimental to the Planning Commission achieving it's mission; NOW THEREFORE, Page 1 of 3 C:\WINNnProfiles\conaway-marlene\Desktop\BOCC ORD aug .doc BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Section 9.5-22(h)(1) [ Planning Commission Meetings, Hearings and Procedures], Monroe County Code, is hereby amended as follows: Sec. 9.5-22. Planning Commission (h) Meetings, Hearings and Procedure: (1) Regular meetings of the planning commISSIOn shall be scheduled beginning January I of every calendar year for twice monthly and as required by a majority of the board of county commissioners, the chairman of the planning commission, or a majority of the members of the planning commission. However, no regular meetings shall be scheduled for the month of August. * 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. (This page has been intentionally left blank) Page 2 of 3 C:\WINNT\Profiles\conaway-marlene\Desktop\BOCC ORD aug .doc ------- PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County, Florida at a regular meeting held on the day of ,A.D., 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 3 of 3 C:\Documents and Settings\kkc\Loc;al Settings\Temporary Intemet Files\OLK6\BOCC ORD aug .doc PC RESOLUTION MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P14-D3 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 MEETINGS) TO ELIMINATE THE REQUIREMENT FOR AN AUGUST REGULAR MEETING. WHEREAS, an amendment to Sec. 9.5-22 of the Monroe County Land Development Regulations concerning the Monroe County Planning Commission meeting dates is being proposed in response to the Planning Commission's request that August public hearings be discontinued; 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. Staffs 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 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 Page 1 of 2 W:\Planning\Planning Commission Coordinator\ Working Folder\PC-DRC\Resos.DOIP14-03.doc Initial Development Regulations as requested by the Monroe County Planning Department. PROPOSED AMENDMENT: · Sec. 9.5-22. (Planning Commission) shall be amended as follows: (h) Meetings, Hearings and Procedure: (1) Regular meetings of the planning commiSSion shall be scheduled beginning January 1 of every calendar year for twice monthly and as required by a majority of the board of county commissioners, the chairman of the planning commission, or a majority of the members of the planning commission. However. no reaular meetings shall be scheduled for the month of Auaust. * 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. David C. Ritz, Chair 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 AND LEGAL SUFFICIENCY BY Attorney's Office Page 2 of 2 W:\Planning\Planning Commission Coordinator\Working Folder\PC-DRC\Resos.DO\P14-03.doc Initial