Resolution 037-1999
Planning
RESOLUTION # 037 - 1999
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WHEREAS, Section 163,3187, Florida Statutes prohibits the CoPfitY;:frorn .."
adopting amendments to its comprehensive plans more than twice pe~~dcft" ~
year, except in cases of an "emergency" and ~~~ ~ ::0
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WHEREAS, throughout calendar year 1998, the Board ~ CM.mti- ~
Commissioners held several public hearings, known as transmittal hearings, ~ 0
several proposed amendments to the Monroe County Year 2010 Comprehensive
Plan; and
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY
WHEREBY THE GROWTH MANAGEMENT STAFF
IS DIRECTED TO REQUEST THE DEPARTMENT
OF COMMUNITY AFFAIRS TO TREAT A PACKAGE
OF COMPREHENSIVE PLAN AMENDMENTS AS
AN EMERGENCY AMENDMENT AS PROVIDED
FOR IN SECTION 163.3187, FLORIDA STATUTES
WHEREAS, it had been the intention of Monroe County and its Growth
Management staff to transmit the amendments as a single package to the
Department of Community Affairs in April of 1998, so that the amendments could
actually be adopted in the same calendar year; and
WHEREAS, the Department of Community Affairs informed Monroe
County that it could not submit proposed comprehensive plan amendments to the
agency because the County had not completed an Evaluation and Appraisal
Report (EAR); and .
WHEREAS, in an April 29, 1998, letter to the County, the DCA pointed to
a DCA-established rule in the Florida Administrative Code (Rule 9J-33) which
imposed a February 1998, deadline for the EAR; and
WHEREAS, on the other hand, the DCA, in approving the Monroe County
Year 2010 Comprehensive Plan and Policy 101.2.11, accepted that the EAR
would not be completed until the year 2001; and
WHEREAS, DCA agreed to amend the Florida Administrative Code
through a rule-change process, which according to a June 22, 1998, letter from
the agency, would last through September or October of 1998; and
WHEREAS, Hurricane Georges struck the Florida Keys on September 25,
1998 and caused widespread damage to many properties throughout the County;
and
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Planning
WHEREAS, the pre- and post-disaster activities of the Planning
Department limited its ability to follow the DCA's rule-making procedures in
detail; and
WHEREAS, as a consequence, the Planning Department could not
transmit the amendment package to the agency until October 5, 1998; and
WHEREAS, the 60-day comprehensive plan amendment review period
awarded to state agencies prevented the County from holding the second public
hearing, or adoption hearing, in 1998; and
WHEREAS, as a result, the package of amendments would be counted as
the first of two allowed for the year 1999, unless the BOCC, through a unanimous
vote, requests that the DCA consider the package an emergency; and
WHEREAS, Section 163.3187, Florida Statutes, states that an emergency
is "any occurrence or threat thereof whether accidental or natural, caused by
humankind, in war or peace, which results or may result in substantial injury or
harm to the population or substantial damage to or loss of property or public
funds"; and
WHEREAS, the "Grandfathering of Certain Nonconforming Uses"
amendment has widespread implications on property losses, and could help
many businesses in their storm (Georges and Mitch) recovery efforts; and
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COMMISSIONERS THAT:
Section 1: A series of events, including Hurricane Georges, prevented Monroe
County from adopting a package of comprehensive plan
amendments in the 1998 calendar year,
Section 2: Without the "Grandfathering of Certain Nonconforming Uses"
amendment, many property losses caused by the storms will not be
recoverable,
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Planning
Section3:
The amendment package should be considered an emergency. in
order to retain the County's ability to adopt two more sets of plan
amendments in the 1999 calendar year.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting held on the 13th day of
January, 1999.
Mayor Harvey yes
Mayor Pro Tern Freeman yes
Commissioner Neugent yes
Commissioner Reich ye s
Commissioner Williams y~::;
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By
BOARD OF COUNT COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairperson
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(SEAL)
ATTEST:
DANNY L. KOHLAGE, CLERK
BY:
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Depu Cle
BY
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Initials