Item L6Meeting Date: November 16, 2011
Bulk Item: Yes No Y
Division: Growth Mana ement
Staff Contact Person: Christine Hurley
AGENDA ITEM WORDING: Presentation of the first portion of the Evaluation and Appraisal Report (EAR)
of the Monroe County Year 2010 Comprehensive Plan.
ITEM BACKGROUND: Keith and Schnars, P.A. (K&S) is finalizing Phase 2 of the four -phased
Comprehensive Plan update process: the draft EAR.
The EAR is a document that serves as a "report card" of the existing Comprehensive Plan by evaluating the
existing goals, objectives and policies (GOPs) to determine their effectiveness in balancing growth, preserving
natural resources; achieving water quality improvements; complying with State regulations; etc. The EAR
contains the following: Introduction, Chapter 1-Public Involvement Process, Chapter 2-Community-Wide
Assessment, Chapter 3-Assessment of Comprehensive Plan, Chapter 4-Major Issues Analysis, Chapter 5-
Special Topics, and Chapter 6-Assessment of Changes to Florida Statutes.
Due to the large amount of information, the EAR will be presented in two parts. Part 1 will consist of a brief
overview of the following: Introduction, Chapter 1, Chapter 2, Chapter 3, and a portion of Chapter 4. The
portion of Chapter 4 that will be presented will include brief discussions of four of the nine Major Issues: Land
Use/Mobility; Natural Resource Protection (excluding wetland topics which will be included in the Part Two
presentation); Climate Change/Hazard Mitigation; and Public Facilities Funding.
The Major Issue discussions will include implementation strategies which may require amendments to the
current GOPs, amendments to comply with changes to State Statute and Rule or require other County action as
they relate to the locally defined Major Issues.
PREVIOUS RELEVANT BOCC ACTION:
December 16, 2009 — BOCC approved a contract to update the Monroe County Year 2010 Technical Document
(Phase 1), Evaluation and Appraisal Report (Phase 2), Comprehensive Plan Amendments (Phase 3), and
Land Development Code (Phase 4).
September 15, 2010 — BOCC approved Amendment No. 1 which amended the work program and deliverable
schedule
October 20, 2010 — BOCC approved Amendment No. 2 amending Master Schedule "B" referencing the work
program timeline and deliverable schedule.
May 18, 2011 — BOCC approved Amendment No. 3 amending Exhibit "A" Scope of Services for Phase 2 to
include services relating to the Environmental Impact Statement
August 17, 2011 — BOCC approved Amendment No. 4 amending Exhibit "A" Scope of Services for Phase 3
relating to changes to state statutory requirements.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: None
COST TO COUNTY:
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing —
DOCUMENTATION: Included Not Required
Risk Management
DISPOSITION: ,
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MEMORANDUM
I&MMS.-GlIf salt��
We strive to he caring, professional andfair
To:
Through:
From:
Date:
Subject:
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Meeting: November 16,2011
2 The purpose of this memorandum is to provide the Board of County Commissioners (BOCC)
3 with options relating to how the County may proceed in updating the existing protest procedure,
4 if determined necessary.
5
6 Existj�g protest procedure:
7
8 Currently, there is a protest procedure within the Monroe County Land Development Code;
9 however, it is only applicable to Future Land Use Map (FLUM) amendments and Land Use
10 District Map (LUDM) amendments. The protest procedure may be utilized by either a
I I percentage of the property owners of the land in which the map is to be amended or by a
12 percentage of the property owners of land within 300 feet of the affected land.
13
14 Pursuant to MCC Sec. 102-158(d)(6):
15
16 Protest procedure.
17
18 a. A written protest concerning an application for an amendment to the Land Use District
19 Map [LUDMI or a FLUM amendment at the transmittal stage may be filed before the
20 BOCC hearing by the owners of no less than 20 percent of the area of the land to be
21 affected. Protests concerning a FLUM amendment may be made only at the transmittal
22 hearing. In the event of a written protest against such amendment by owners of 20
23 percent of the property to be rezoned or proposed for a new future land use designation,
24 where the signatures and protest are found to be true and accurate, the amendment shall
25 not become effective except by the favorable vote of four members of the [BOCC].
26 Rounding up of decimals and percentages shall not be permitted.
27
28 b. A written protest concerning an application for an amendment to the [LUDMI or a
29 FLUM amendment at the transmittal stage may be filed by 10 percent of the owners of
30 land within 300 feet of the affected property. Protests concerning a FLUM amendment
I
may be made only at the transmittal hearing. In the event of a written protest of 10
percent of the owners within 300 feet of the affected property for a [FLUM] transmittal
or a [LUDMI designation, the amendment shall not become effective except by the
favorable vote of four members of the [BOCC]. In calculating whether a sufficient
number of protests have been received to trigger the requirement for a supermajority
vote, the number of protests must meet or exceed the 10 percent threshold without
resorting to rounding up.
Such protests must be on a form approved by the planning director and made available by
the county, with a statement from each individual owner, under penalties of peijury, with
the name, address, parcel real estate number, home address and telephone number of the
owner. In the event of ownership by multiple parties, only one owner is required to file a
protest. Condominium, cooperatives, or statutory time share program owners may file
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the number of owners to calculate any percentage.
d. The originals of the written protests must be filed with the clerk of the board no later than
the fifth working day before the day of the first county commission meeting at which the
public hearing on the FLUM transmittal or [LUDM] amendment will be heard. Upon
receipt of the protethe clerk shall furnish a copy to the county attorney, the county
administrator, and to the applicant requesting the amendment. No ftu-ther protests will be
accepted by the clerk or the board.
e. The board shall not vote until the signatures, ownership, and protests have been verified
by the growth management division and county attorney using information from the
property appraiser and the official records of Monroe County. Every reasonable means
shall be used by county staff to resolve the validity of the protest by the time of the public
hearing, but if this cannot be accomplished the board shall continue the item. If the time
requirements of the Florida Statutes for transmittals cannot be met, the proposed FLUM
amendment shall be held over until the next date for transmittal-
f. The area used as right-of-way for U.S. I shall not be included in any calculations for
number of owners or percentage of ownership, but shall be included in the distance
calculation from the affected property.
g. Protests shall not be considered unless received as prescribed above. Any owner may
withdraw a protest up until the conclusion of the public hearing at which the item will be
heard.
Staff has researched protest procedures and determined that the following options may be
appropriate to revise the existing protest procedure:
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11
I rendition of a development order or other written decision, or when all local administrative
2 appeals, if any, are exhausted, whichever occurs later.
3 (4) If a local government elects to adopt or has adopted an ordinance establishing, at a
4 minimum, the requirements listed in this subsection, the sole method by which an
5 aggrieved and adversely affected party may challenge any decision of local
6 government granting or denying an application for a development order, as defined in
7 s. 163.3164, which materially alters the use or density or intensity of use on a
8 particular piece of property, on the basis that it is not consistent with the
9 comprehensive plan adopted under this part, is by an appeal filed by a petition for
10 writ of certiorari filed in circuit court no later than 30 days following rendition of a
I I development order or other written decision of the local government, or when all local
12 administrative appeals, if any, are exhausted, whichever occurs later. An action for
13 injunctive or other relief may be joined with the petition for certiorarL Principles of judicial
14 or administrative res judicata and collateral estoppel apply to these proceedings.
15
16 163.3164 Community Planning Act; definitions. —As used in this act:
17 (15) "Development order" means any order granting, denying, or granting with conditions an
18 application for a development permit.
19 (16) "Development permit" includes any building permit, zoning permit, subdivision
20 approval, rezoning, certification, special exception, variance, or any other official action of
21 local government having the effect of permitting the development of land.
22
23 120.57 Additional procedures for particular cases.-
24 (1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVIN
25 DISPUTED ISSUES OF MATERIAL FACT.-
26 (a) Except as provided in ss. 120.80 and 120.8 1, an administrative law judge assigned t
27 the division shall conduct all hearings under this subsection, except for hearings befoi
28 agency heads or a member thereof. If the administrative law judge assigned to a hearir
29 becomes unavailable, the division shall assign another administrative law judge who sha
30 use any existing record and receive any additional evidence or argument, if any, whic
31 the new administrative law judge finds necessary.
32 (b) All parties shall have an opportunity to respond, to present evidence and argument c
33 all issues involved, to conduct cross-examination and submit rebuttal evidence, to subm
34 proposed findings of facts and orders, to file exceptions to the presiding officer
35 recommended order, and to be represented by counsel or other qualified representativ,
36 When appropriate, the general public may be given an opportunity to present oral (
37 written communications. If the agency proposes to consider such material, then all parti(
38 shall be given an opportunity to cross-examine or challenge or rebut the material.
39 (c) Hearsay evidence may be used for the purpose of supplementing or explaining othi
40 evidence, but it shall not be sufficient in itself to support a finding unless it would t
41 admissible over objection in civil actions.
42
43 120.569 Decisions which affect substantial interests.-
44 (1) The provisions of this section apply in all proceedings in which the substantial interes
45 of a party are determined by an agency, unless the parties are proceeding under s. 120.5' )
46 or s. 120.574. Unless waived by all parties, s. 120.57(l) applies whenever the proceedir
I involves a disputed issue of material fact. Unless otherwise agreed, s. 120.57(2) applies i
2 all other cases. If a disputed issue of material fact arises during a proceeding under
3 120.57(2), then, unless waived by all parties, the proceeding under s. 120.57(2) shall t
4 terminated and a proceeding under s. 120.57(l) shall be conducted. Parties shall be notific
5 of any order, including a final order. Unless waived, a copy of the order shall be delivere
6 or mailed to each party or the party's attorney of record at the address of record. Eac
7 notice shall inform the recipient of any administrative hearing or judicial review that
8 available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which mu
9 be followed to obtain the hearing or judicial review; and shall state the time limits Whic
10 apply.
11
12
13 Summaa & Recommendation:
14
15 There is a protest procedure within the Monroe County Land Development Code for Future Lar
16 Use Map (FLUM) amendments and Land Use District Map (LUDM) amendments. The prote
17 procedure may be utilized by either a percentage of the property owners of the land in which tf
18 map is to be amended or by a percentage of the property owners of land within 300 feet of tl
19 affected land. This current procedure does not affect text amendments that are not related to
20 specific property.
21
22 The current protest procedure within the Monroe County Land Development Code was amend
23 in 2009 by Ordinance 008-2009 (attached as Exhibit 4). To date, the procedure has not be
,]d
e
24 utilized.
25
26 Based upon citizen comment, staff recommends maintaining the existing procedure for Fu
n
27 Land Use Map amendments and Land Use District Map amendments and increasing the peri
28 of time for property owners to obtain signatures in order to file a protest.
29
30 Please note, that Section 102-158 of the Monroe County Land Development Code specifies th
31 that actions by the BOCC to amend the text of the Land Development Regulations, LUDM
32 the transmittal of FLUM amendmentsabsence of the current protest procedure, requires
S
33 vote of three members, not a simple majority of a quorum.
34
35 See. 102-158(7)
36 Majority of board. Except as provided in paragraph (d)(6) above, the board of coun
37 commissioners ma adopt the proposed amendment or the proposed amendment as modifli
Y r],
38 by not less than a majority of its total membership.
4 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS 1 /102-159
REGULATIONS,6 OF THE CODE OF ORDINANCES CONCERNING
7 AMENDMENTS TO THE LAND DEVELOPMENT
! USE DISTRICT t ! FUTURE
! USE MAP;PROVIDING • 1 OF ` /
0 FOR LAND USE DISTRICT MAP AND FUTURE LAND USE
I I MAP CHANGES; PROVIDING !FOR SEVERABILITY;
12 PROVIDING FOR
REPEAL
13 PROVISIONS; / PROVIDING FOR TRANSMITTAL / THE
15 FOR CODIFICATION AND FOR AN EFFECTIVE DATE.
14 DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING
17 WHEREAS, there has been a difference of opinion in the interpretation of the protest
18 procedure of Section 102-158 of the Monroe County Code concerning redesignations of the
19 land use district map; and
20 WHEREAS, this matter of interpretation has been the source of litigation which did not
21 result in necessary clarification; and
WHEREAS,22
no formal process is established in the Monroe Countyr
23 protest Board r and
24 WHEREAS, changes to the Land Use District Map (zoning) occur after the changes to the
25 Future Land Use Map (FLUM), and thus there should be a method to protest the FLUM
26 amendment prior to a change being made to the Land Use District Map; and
27 WHEREAS, the Planning Commission held a public hearing on February 11, 2009 and
28 approved this amendment:
Section! of te County Codefollows:
W ,GROWTH MANAGEMENT. C.GMD Ag Items200903 IR+Protest (if Major and MinorConditioaal Uses' -Section 102-158 BOCC
2000318I3y.doc Page 1 of
I Sec.102-158. Amendments to Land Development Code and tote Future Land Use
2 Map.
3 (a) Purpose: The purpose of this article is to provide a means for changing the text of this
4 chapter, which also includes changes to the land use district map. It is also intended to add to
5 the statutory procedures and requirements for changing the Future Land Use Map (FLU) at
6 the transmittal stage. It is not intended to relieve particular hardships, nor to confer special
7 privileges or rights on any person, nor topermit an adverse change in community character,
8 analyzed in volume I of the plan., but only to make necessary adjustments in light of
9 changed conditions or incorrect assumptions or determinations as determined by the findings
10 of the board of county commissioners. In determining whether to grant a requested
11 amendment, the board of county commissioners; shall consider, in addition to the factors set
12 forth in this article, the consistency of the proposed amendment with the provisions and
13 intent of the plan.
14 (b) Authority: The board of county commissioners may amend the text of this chapter upon
15 the compliance with the provisions of this article. Amendments may be proposed by the
16 board of county commissioners, the planning commission, the director of planning, or the
17 owner or other person having a contractual interest in property to be affected by a proposed
18 amendment or FLU M change at the transmittal stage. The director of planning shall have the
19 responsibility to establish the format as approved by the board of county commissioners by
20 which applications can be submitted and shall have the authority to screen those
21 amendments, processing only those which are presented on a complete application.
22 Those deemed insufficient shall be returned within 30 days to the applicant for correction
W-tGROWTH MANAGEMENIRBOCOGIVID Agenda Items 20090318-ProtestofMajor and Minor Conditional UsesSectjon 102-158 SOCC
2000318 (3).dm Page 2 of 9
I and re -submittal. FLU M changes shall be processed prior to any application in made to
2 amend the land use district map.
3 (c) Timing: Applications for map and text amendments to this chapter shall be accepted at
4 any time. The planning director shall review and process the map and text amendment
5 applications as they are received and pass them on to the development review committee and
6 the planning commission for recommendation and final approval by the board of county
7 commissioners.
8 (d) Procedures:
9 (1) Proposals by Board of County Commissioners, Planning Commission or
to Director of Planning: Proposals for amendments by the board of county commissioners, the
11 planning commission or the director of planning shall be transmitted to the planning
12 department and the development review committee for review and comment. Staff shall
13 make a recommendation to the planning commission.
14 (2) Proposals by Affected Landowners: Any landowner or other person having a
15 contractual interest in property desiring to petition the board of county commissioners for an
16 amendment to the land use district map or FLUM shall be required to file an application with
17 the director of planning accompanied by a nonrefundable application fee as established from
18 time to time by the board of county commissioners to defray the actual cost of processing the
19 application. The director of planning shall transmit the proposed amendment to the planning
20 department and the development review committee for review and comment. Staff shall
21 make a recommendation to the planning commission.
W GROWTH MANAGEMEN'nBOCCGMD Agenda 1Icmq2009 03 18',Protest of Major and Minor Conditional Uses Section 102-158 BOCC
2000318 (3),doc Page 3 of 9
1 (3) Public Hearing(s): The planning commission and the board of county
2 commissioners shall each hold at least one (1) public hearing on a proposed amendment to
3 the text of this chapter or to the land use district map or FLUM at the transmittal stage.
4 a. Advertised and Mailed Notice: Advertised notice of the public hearings for a proposed
5 amendment to the text of the land development code, the land use district map, and the
6 transmittal of the FLU M change shall be provided as required by section H 0-5 of this Code.
7 In addition, notice of changes to the land use district map and FLU M shall be mailed to
8 owners within three hundred (300) feet of the affected property fifteen days prior to the
9 required hearing before the planning commission and thirty days before the required hearing
10 before the board of county commissioners for the land use district map amendment and the
11 FLU M transmittal hearing.
12 b. Posting of notice: Posting of notice shall be made in accordance with the requirements
13 of section I 10-5.
14 c. Other notice: Notice of all public hearings shall be posted on the Monroe County
15 Website as soon as is practical. Failure to post notice on the Monroe County Website shall
16 not constitute grounds for the cancellation of any public hearing nor shall it constitute
17 grounds for the cancellation of any action taken by a board at such a meeting.
18 (4) Action by Planning Commission: The planning commission shall review the
19 application, the reports and recommendations of the department of planning, the comments
20 of the development review committee, and the testimony given at the public hearing, and
21 shall submit its recommendations and findings to the board of county commissioners.
22 (5) Action by Board of County Commissioners Following Public Hearing(s):
W GROWTH MANAGEMENI)BOCOGMD Agenda 11=2s2009 03 IS'Ptotest of Majorand Minor Conditional UsevSection 102- 158 BOCC
2000318 (3).doc Page 4 of 9
a. The board of county commissioners shall consider the reports and recommendation of the
2 Planning Commission, planning staff, and the testimony given at the public hearings.
K
4 b. 'Me board of county commissioners may consider the adoption of an ordinance enacting
5 the proposed change as on one (1) or more of the following factors:
6 (i) Changed projections (e.g., regarding public service needs) from those on which the
7 text or boundary was based;
8 (ii) Changed assumptions (e.g., regarding demographic trends);
9 (iii) Data errors, including errors in mapping, vegetative types and natural features
10 described in volume I of the plan;
11 (iv) New issues;
12 (v) Recognition of a need for additional detail or comprehensiveness; or
13 (vi) Data updates;
14 (vii) For FLU M changes, the principles for guiding development as defined in the Florida
15 statutes relating to changes to the comprehensive plan.
16 c. In no event shall an amendment be approved which will result in an adverse community
17 change to the planning area in which the proposed development is located or to any area in
18 accordance with a Livable Communikeys Master Plan pursuant to findings of the Board of
19 County Commissioners.
all
21 (6)Protest Procedure
22 a. A written protest concerning an application for an amendment to the land use district map
23 or a FLU M amendment at the transmittal stage may be filed before the BOCC hearing by the
W- GROWTH MANAGEMENT-BOCCNGMDAgeruJaltem!i\200903 18 PrOWS1 Of Major and Minor Conditional UseslSectlon 102-158 BOCC
2000318 (3).doc Page 5 of 9
I owners of no less than twenty (20) percent of the area of the land to be affected. Protests
2 concerning a FLU M amendment may be made only at the transmittal hearing. In the event of
3 a written protest against such amendment by owners of twenty (20) percent of the property
4 to be rezoned or proposed for a new future land use designation, where the signatures and
5 protest are found to be true and accurate, the amendment shall not become effective except
6 by the favorable vote of four (4) members of the board of county commissioners. Rounding
7 up of decimals and percentages shall not be permitted.
8 b. A written protest concerning an application for an amendment to the land used district
9 map or a FLU M amendment at the transmittal stage may be filed by ten (10) percent of the
10 owners of land within three hundred feet of the affected property. Protests concerning a
11 FLU M amendment may be made only at the transmittal hearing. In the event of a written
12 protest oft (10) per cent of the owners within 300 feet of the affected property fora future
13 land use map transmittal or a land use map designation, the amendment shall not become
14 effective except by the favorable vote of four (4) members of the board of county
15 commissioners. In calculating whether a sufficient number of protests have been received to
16 trigger the requirement for a supermajority vote, the number of protests must meet or exceed
17 the ten (10) percent threshold without resorting to rounding up.
18 c. Such protests must be on a form approved by the planning director and made available
19 by the county, with a statement from each individual owner, under penalties of perjury, with
20 the name, address, parcel real estate number, home address and telephone number of the
21 owner. In the event of ownership by multiple parties, only one owner is required to file a
22 protest. Condominium, cooperatives, or statutory time share program owners may file
W: GROWTH MANAGEM ENT'IBOCOGMD Agenda ftcms`2009 03 18 Protest of Major and Minor Conditional Usessection 102-158 BOCC
2WO318 (3) doc Page 6 of 9
I protests through their associations and shall be counted as one owner and one property in the
2 number of owners to calculate any percentage.
3 d. The originals of the written protests must be filed with the Clerk of the board no later than
4 the fifth working day before the day of the first County Commission meeting at which the
5 public hearing on the FLU M transmittal or map amendment will be heard. Upon receipt of
6 the protest(s), the Clerk shall famish a copy to the County Attorney, the County
7 Administrator, and to the applicant requesting the amendment. No further protests will be
8 accepted by the Clerk or the board.
9 e. 'Me board shall not vote until the signatures, ownership, and protests have been verified
10 by the Growth Management Division and County Attorney using information from the
11 Property Appraiser and the official records of Monroe County. Every reasonable means
12 shall be used by county staff to resolve the validity of the protest by the time of the public
13 hearing, but if this cannot be accomplished the board shall continue the item. If the time
14 requirements of the Florida Statutes for transmittals cannot be met, the proposed FLUM
15 amendment shall be held over until the next date for transmittal,
16 f The area used as right of way for U.S. I shall not be included in any calculations for
17 number of owners or percentage of ownership, but shall be included in the distance
18 calculation from the affected property.
19 g. Protests shall not be considered unless received as prescribed above. Any owner may
20 withdraw a protest up until the conclusion of the public hearing at which the item will be
21 heard.
W: GROWTH MANAGEMIENTBOCCGMD Agenda lte=200903 I& Protest of Major and Minor Conditional Uses Section 102-158 BOCC
2000318(3).doc Page 7 of 9
I (7) Majority of Board. Except as provided in paragraph (d)(6) above, the board of
2 county commissioners may adopt the proposed amendment or the proposed amendment as
3 modified by not less than a majority of its total membership.
4 (e) Typographical or Drafting Errors: Amendments to the text to correct typographical or
5 drafting errors may be adopted by the board of county commissioners without posted notice
6 or public hearing at any regular meeting. As long as the county is within an area of critical
7 state concern, notice of such amendments shall be transmitted to the Florida Department of
E
10 Section 2. Severe WUy,
11 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall
12 be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
13 affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
14 shall be confined to the section, paragraph, subdivision, clause, sentence, or provision
15 immediately involved in the controversy in which such judgment or decree shall be rendered.
no
17 Section 3. Conflicting Provisions.
18 In the case of direct conflict between any provision of this ordinance and a portion or
19 provision of any appropriate federal, state, or County law, rule code or regulation, the more
20 restrictive shall apply.
K
im
23 Section 4. Transmittal.
W: GROWTH MANAGEMENT BOCCGMI) Agenda liem\20090318 Pmtest or Major and Minor Conditional Um, Section 102-158 BOCC
2000318 (3).doc Page 8 of 9
I This ordinance shall be transmitted by the Planning and Environmental Resources
2 Department to the Florida Department of Community Affairs to determine the consistency (M
ri
Section 5. FilipL,
Ui-LZ IM•
6 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
7 not become effective until a notice is issued by the Department of Community Affairs or
8 Administration Commission approving the ordinance.
9 Section 6. Codification. This ordinance shall be transmitted to Municipal Code Corporation
10 for inclusion in the Monroe County Code.
11 Section's. Effeedve Date. This ordinance shall become effective as provided by law and
12 stated above.
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
14 Florida at a regular meeting held on the 18th of March 2009.
ki.
15 Mayor George Neugent
16 Mayor Pro Tem Sylvia J. Murphy
17 Commissioner Kim Wigington
Heather Carruthers
21 .,Att
OF Mo• COUNTY, FLORIDA
22 By "y
23 Deputy Clerk N;M A700;11MV 1,1ayor George Neugent
A 0VCE0 A M
W: GROWTH M ANAGEM ENP BOCCGM D Agenda Itcms\2009 03 18\Protest of Major and Minor Conditional UsesSection 102-158 BOCC
2(X)0318 (3).doc Page 9 of 9
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I See.102-158. Amendments to this ehapter the Land Development Code and to the
2 Future Land Use May.
3 (a) Purpose: The purpose of this article is to provide a means for changing the text of this
4 chapter, which also includes changes to the land use district map. It is also intended to add to
5 the statutoly procedures and requirements for changing the Future Land Use Map (LFLIM at
6 the transmittal slae. It is not intended to relieve particular hardships, nor to confer special
7 privileges or rights on any person, nor to permit *-an adverse change in community
8 character, analyzed in volume I of the plan., but only to make necessary adjustments in light
9 of changed conditions or incorrect asspMtions or determinations as determined b the
10 findingg of the board of county commissioners. In determining whether to grant a requested
11 amendment, the board of county commissioners shall consider, in addon to the factors set
12 forth in this article, the consistency of the proposed amendment with the provisions and
13 intent of the plan.
14 (b) Authority: The board of county commissioners may amend the text of this chapter Upo-f
15 the compliance with the provisions of this article. Amendments may be proposed by the
16 board of county commissioners, the planning commission, the director of planning, or th(;
17 owner or other person having a contractual interest in property to be affected by a proposed
18 amendment.or FLUM change at the transmittal Ifte. The director of planning shall have the
19 responsibility to establish the format as approved by the board of county commissioners by
20 which applications can be submitted and shall have the authority to screen those
21 amendments, processing only those which are presented on a complete application; aad t
22 Those deemed insufficient shall be returned within 30 dUs to the applicant for correction
W:\GROWM MANAGEMENMOCOGMD Agenda [tems1200912009 03 1 STrotest of Major and Minor Conditional Uses\Ordinance 008-
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planning commission or the director of planning shall be transmitted to the planning
12 department and the development review committee for review and commeliad
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15 (2) Proposals by Affected Landowners: Any landowner or other person having a
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12 b. Posting of notice: Posting of notice shall be made in accordance with the requirements
14 c. Other notice: Notice of all public hearings shall be posted on the Monroe County
16 not constitute ground =k-
18 (4) Action by Planning Commission: The planning commission shall review the
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20 of the development review committee, and the testimony given at the public hearing, and
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2W9SeI 102-158 BOCC 2000318 (3).dm Page 4 of 9
I a. The board of county commissioners shall consider the reports and recommendation of the
2 PlmWAg Commissim PI st
aff and the testimony given at the public hearings.
3
4 b. The board of county commissioners may consider the adoption of an ordinance enacting
5 the proposed change based on one (1) or more of the following factors:
6 (i) Changed projections (e.g., regarding public service needs) from those on which the
7 text or boundary was based;
8 (ii) Changed assumptions (e.g., regarding demographic trends);
9 (iii) Data errors, including errors in mapping, vegetative types and natural features
10 described in volume I of the plan;
11 (iv) New issues;
12 (v) Recognition of a need for additional detail or comprehensiveness; or
13 (vi) Data updates;
14 Lvii). For FL UM changes, the nnne lfor Ludin g development as defined in the Florida
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15 statutes relating to chanM to the coWrehensive Rlan.
16 c. hewever-, in In no event shall an amendment be approved which will result in an adverse
17 community change to the planning area in which the proposed development is located or to
18 My area in accordance with a Liveable Communikeys Master Plan RpMuant to findiM o
19 the Board of Countv Commissionqp.
WAGROWTH MANAGEMENTaOCMMD Agenda Items1200912009 03 181Protest of Major and Minor Conditional Uses 008-
2W9Scction 102-1S8 BOCC 2000318 (3).doc Page 5 of 9
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4 ( Wrotest Procedure
5 a. A wriften protest conceming an V21ication for an amendment to the land use district mAR
6 or a FLUM amendment at the transmittal stage May be filed before the BOCC hearing by
7 owners of no less than twMly (20) percent of the area of the land to be affected. Protests
8 conceming a FLUM amendment mgy be made o& at the trammittal hearing. In the event of
9 a written pLotest aggimt such amendment by owners of twmty (20) Rercent of the RLoperty
10 to be rezoned or pWosed for a new future land use desiggation, where the !.Itspatures and
11 motest are found to be true and ac=ate, the amendment shall not become effective exMt
12 by the favorable vote of four ffl members of the board of co= commissioners. Rounding
13 up of decimals and mcantages shall not be Rermitted,
14 b. A written Rrotest conceming an Mlication for an amendment to the land used district
15 m4p or a FLUM amendment at the transmittal stage may be filed by ten (10) percent of
16 owners of land within three hundred feet of the affected property. Protests conceming
17 FLUM wnendment may be made only at the t-ansmittal hearing. In the event of a writte-r
18 RMtest of ten (10) per cent of the owners within 300 feet of the affected pLop= for a futum
19 land use mg trmsmittal or a land use mgp desipation . the amendment shall not begomi
20 effective exgot by the favorable vote of four (4) members of the board of
k I commissioners. In calculating whether a sufficient nwnber of -Drotests have been received to
F-2 trigma the reguirement for a §Werm4jorily vote, the number of atests must meet or exce2i
the ten Q 0 percent tbreshold without resorting to rounding MR.
WAGROWM MANAGENOMBOCOOMD Agenda hems1200912009 03 1 S\Pmtest of Major and Minor Conditional Usemorctm=e 008-
2009Section 102-158 BOCC 2000318 (3).doc Page 6 of 9
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10 7
SIT nsl On
7 (e) Typographical or Drafting Errors: Amendments to the text to correct typographical or
10 state concern, notice of such amendments shall be transmitted to the Florida Department of
(MMIM11 M, rzyc=
12 Section 2. Severabflfty.
trow Me
14 be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
15 affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
16 shall be confined to the section, paragraph, subdivision, clause, sentence, or provision
17 immediately involved in the controversy in which such judgment or decree shall be rendered.
MIWOITIIW�. , 0 1014
19 In the case of direct conflict between any provision of this ordinance and a portion or
20 provision of any appropriate federal, state, or County law, rule code or regulation, the more
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22 Section 4. Transmittal.
WAGROWrH MANAGEMENTBOCOOMD Agenda lt=s1200912009 03 1 STrotest of Major and Minor Conditional Uses\Ordinance 008-
2009Section 102-158 BOCC 2000318 (3).doc Page 8 of 9
I This ordinance shall be transmitted by the Planning and Environmental Resources
2 Department to the Florida Department of Community Affairs to determine the consistency of
3 this ordinance with the Florida Statutes and as required by F. S. 3 80.05(6) and
E
5 Section 5. Filing,
6 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
7 not become effective until a notice is issued by the Department of Community Affairs or
9 Section 6. Codification. This ordinance shall be transmitted to Municipal Code Corporation
10 for inclusion in the Monroe County Code.
11 Section7. Effective Date. This ordinance shall become effective as provided by law and
12 stated above.
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
14 Florida at a regular meeting held on the of 2009.
15 Mayor George Neugent
16 Mayor Pro Tem Sylvia J. Murphy
17 Commissioner Kim Wigington
18 Commissioner Heather Carruthers
19 Commissioner Mario Di Gennaro
20 (SEAL) BOARD OF COUNTY COMMISSIONERS
21 Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Mayor George Neugent
W:\GROWTH MANAGENCENraOCCCMD Agenda Item1200912009 03 18\Pmtwt of Major and Minor Conditional Usw\e 008-
20095ection 102-158 BOCC 20W318 (3).dm Page 9 of 9
STATE OF FLORIDA
7"
DEPARTMENT OF COMMUNITY AFFAIRS
01
C)
In re: MONROE COUNTY LAND
CO
DEVELOPMENT REGULATI
;a
rnONS
ADOPTED BY MONROE COUNTY
')
C5
ORDINANCE NO. 008-2009
a)
C:)
rn
%0
WICENIKIRLI)PO
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2008), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
141ZIP1109MM .-
1. The Florida Keys Area is a statutorily designated area of critical state concern,
2. On April 9, 2009, the Department received for review Monroe County Ordinancs
Ord. No. 008-2009 amends Section 102-158, Monroe County Code, concerning Amendments tj
the Land Development Regulations, Land Use District Map and Future Land Use Map.
3. The purpose of Ord. No. 008-2009 is to provide a procedure for the public I
provide written protests to land use district map changes and future land use map (FLUM)
amendments at the transmittal hearing. The opportunity to provide public testimony, the
submittal of evidence, and the rii_ilLit to
through the adoption hearing.
4. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla. Star., and § 380.0552(9), Fla. Star. (2008).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concem. § 380.0552, Fla. Stat. (2008) and Rule 28-29.002 (superseding Chapter
Fla. Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controll:ing the development of land. § 380.031(8), Fla. Stat. (2008). The
regulations adopted by Ord. 008-2009 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), ard, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 008-2009 promotes and furthers the following Principles:
en local government capabilities for managing land
use and development so that local goven-nnent is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(1) To protect the public health, safety and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
resource.
9. Ord. 008-2009 is consistent with the Principles for Guiding Development as a
CEO=
10. Ord. 008-2009 furthers Monroe County Comprehensive Plan Policy 1302.1.2
requiring the Monroe County Growth Management Division to establish written standards
onerating proceduresto-exr
Development Regulations; furthers Comprehensive Plan Goal 1303 to increase the involvement
of the citizens of the County and government related entities that operate within the County in
the comprehensive planning and growth management process; and Objective 1303.1 requiring
that Monroe County shall provide for and facilitate public participation and awareness in the
®reensive planning process.
This Order becomes effective 21 days after publication in the Florida Administratiw
• 1 !
Director,e of i i
Department
Boulevard
Florida' ' 11
Z Ill M red Arel11ji 110 0 •
144
top
it i R i �• • i� i � _ � �
• i . ' ' 'If I ' ' • i , • . . R.
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14 TOU DESIRE ' AN INFORMALPROCEEDING OR
HEARING,DEPARTMENTERK OF THE
rCOMMUNITY AFFAIRS
FILEDADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS WHEN IT IS RECEIVEBY
CLERK, IN THE '., OFFICE
OAK BOULEVARD, R. ,, 11
FILINGTHE PETITION MUST MEET THE REQUIREMENTS,
161FLORIDA ADMINISTRATIVE CODE.I Oi' PROCEEDING
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE
RULE 161 !' I1A ADMINISTRATIVE CODE.1FORMAL HEARING IS
REQUESTED, THEN THE PETITIONIN
ACCORDANCE
RULE 16. 11(2), FLORIDAADMINISTRATIVE
FILEDA PERSON WHO HAS A PETITION MAYREQUESTiii
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDAADMINISTRATIVE !E. CHOOSING MEDIATIONDOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEA
YOU WAIVE THE RIGHT TO AN INFORMALADMINISTRATIVE
PROCEEDINGOR A FORMAL! 11 1 !
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATIONOF THIS FINAL
1 1
to the persons listed below by the method indicat thisi .y of April, 2009.
'aula Ford,. Clerk
a
Aonorable George A.eugent
Mayor of Monroe County
25 Ships Way
Big Pine Key, Florida 33043
ro,anny L. Kolhage
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
U", V-P
Marathon, Florida 33050
Alumil on -
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