Item R16
* 5:01 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AU!lust 16. 2006 Division: Growth Management
Bulk Item: Yes
No~
Staff Contact Person: Tv SymroskilJerry D. Sanders
AGENDA ITEM WORDING: A Public Hearing to amend Section 9.5-45 of the Monroe County
Land Development Regulations providing for a notice requirement of fifteen (15) days for public
hearings, amendments to the text of the Monroe County Land Development Regulations and proposed
changes to the Land Use District Map, fixing the type and size of notice advertisements.
(One Public Hearing Required)
ITEM BACKGROUND: Section 9.5-45 of the Monroe County Land Development Regulations is the
general notice provision within the Land Development Regulations (LDR's). The proposed changes to
Section 9.5-45 are mainly to clarify the language used in that section and to add some general notice
provisions that had been scattered throughout other parts of the LDRs. The main substantive change is
the change in the notice requirement for amendments to the text of the LOR's, which includes proposed
changes to the land use district map from thirty (30) days to fit1:een (15) days. This change is intended
to eliminate the delay caused by the inability of the Board of County Commissioners to hear land use
issues at consecutive meetings which are less than 30 days apart or provide notice after a Planning
Commission meeting less than thirty (30) days prior to the agenda deadline fix a BOCC meeting. The
changes also reflect the significance of technology in the int()rmation dissemination process in that the
section now also requires posting of notice on the Monroe County web site.
This matter originally arose from discussions at the Workforce housing Task Force and Commissioner
recommendation.
'fhe Growth Management Director and the DRC recommend the following change:
Sec. 9.5-45(a) to be changed to require the legal description in a notice only when required by Florida
Statute.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Section 9.5-45, a section of the LOR's by Ordinance /'v'o. 33-1986; 40-J987; and 19-1989.
CONTRACT/AGREEMENT CHANGES: N/A
ST AF!~!!ECOM~~NDA TIONS: Appr~~~~~~_____,_""~~_~_~__,______m,"~~_~___
TOT AL COST:
BUD(;ETEf): Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT I)ER MONTH_ Year
APPROVED BY:
County Atty ~ OMB/Purchasing ~ Risk Management ___m"
DIVISION DIRECTOR APPROVAL: ~~~~~~Z.,Ld-~_m"^,_'_'
'rx; S\'1nroski
<..- ....-
DOCUMENTATION: Included XX Not Required__
,it? /~- /~ /
C,J .///- ~ c< 4
,.7 ~rcm-
DISPOSITIO N:
Revised 2/05
AGENDA ITEM #
ORDINANCE NO. - 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
9.5-45; PROVIDING FOR A NOTICE REQUIREMENT OF FIFTEEN (15)
DAYS FOR PUBLIC HEARINGS, AMENDMENTS TO THE TEXT OF
THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS AND
PROPOSED CHANGES TO THE LAND USE DISTRICT MAP, FIXING
THE TYPE AND SIZE OF NOTICE ADVERTISEMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING AN EFFECTIVE DATE AND; PROVIDING FOR FILING IN
THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF
FLORIDA AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners (BOCC), after public
hearing(s), has reviewed and considered the proposed amendments to the Land Development
Regulations (LDRs), comments of the public, recommendations of the Planning Commission,
recommendations of staf1~ and other matters; and
WHEREAS, the BOCC hereby makes the following Findings of Fact:
I. The current language in Section 9.5- 45 of the Land Development Regulations
gives the general notice requirements for public hearings; and
2. A thirty (30) day notice requirement inhibited the ability of the BOCC to take
action on land development matters at consecutive Boec meetings; and
3. Other notice requirements were located in other sections of the Land
Development Regulations, were disorderly, confusing and at times repetitive; and
4. Notice of all public hearings on land use matters should be posted on the Monroe
County website as soon as it is practical to do so; and
5. It is the intent of the BOCC to ensure that the notice requirements within the Land
Development Regulations are consistent with the requirements of the Florida
Statutes.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section ].
Section 9.5, Monroe County Code, is hereby amended to read as f()[jows:
Sec. 9.5-45. Notice.
(a) Con/em (?l Notice: Every required notice shall include the date, time and place of
the hearing, the address where known. a description of the site of the proposed
Page I of4
development to identify it for others to locate, the legal description of the subject
propelty with reference to the closest mile marker, a summary of the proposal to be
considered, and identification of the body conducting the hearing. Advertisements for
amendments to the land use district map shall he captioned, "NOTICE OF
CHANGE OF LAND USE REGULATIONS" and shall contain a 2eol!raphic
location map which clearlv indicates the area covered by the proposal. shall include
maior street names as a means of identification of the area and shall state in a brief
form the nature of the amendment to be considered.
(b) Publication: Notice of public hearings shall be given at least thirty (30) fifteen
(5) days in advance of the hearing date by publication in the nonlegal section of the
local newspapers of greatest general paid circulation In the Lower, Middle, and Upper
Keys of Monroe County: The newspapers shall be of l!eneral interest and readership
in the community and whenever possible, the advertisement shall appear iu a
newspaper that is published five (5) davs a week unless the onlv newspaper in the
community is published less than five (5) davs a week. except, however, that the notice
tor amendments to the text of these regulations shall be given at least fifteen (15) days
excluding Sundays and holidays in advance of the hearing by publication in either the
legal or nonlegal ~;ection of the local newspapers of greatest general circulation in the
LO'.ver, Middlo, and Upper Key~; of Monroe County. The advertisements shall be no
less than one-Quarter pal!e in a standard size or tabloid size newspaper and the
headline in the advertisements shall be in a type no smaller than ei2.hteen 08}
point.
(c) Posting olNotice: At least thirty (30) fifteen (15) days prior to any public hearing,
all applicants, excluding governmental agencies, shall post the property that is the subject
of the hearing with a waterproofsigns(s) m:gvided ~the Planning Q~partment \vhich are
so located that the notices at least four ('1) square feet in front :;urti:wc area, which is so
lettered that the date, time and location of the hearing shall bc easily visible from all
public streets and public ways abutting the property. Failure to provide proper notice as
per the Monroe County Code or other reason resulting in a delayed hearing shall result in
the re-noticing and rehearing of the original proposal and which shall be at the expense of
the applicant and which shall be an amount equal to double the appropriate application
fee. The applicant shall remove the posted notice within ten (10) days after completion of
the hearing.
(d) Afailing ol Notice: Notice of a public hearing to consider a major conditional use
shall be mailed by the county to all owners of real property located within three hundred
(300) feet of the property proposed to be developed as a major conditional use, including
any residents of the parcel proposed for development, at least thirty (30) fifteen OS)
days prior to a public hearing. A list of such owners, as shown by the latest available
records in the Monroe County Property Appraiser's office, shall be provided by the
applicant with an application for development approval.
(e) Other Notice: Notice of all public hearings shall be mailed to aU orga8h~Jltjons,
associations and other interested persons 01' groups which have registered with the
department of plaaning and paid an annual fee to defray the cost of mailing. posted
on the Monroe Countv Website as soon as is practical. Failure to post notice
on the Monroe County \Vebsite shall not constitute grounds for the
cancellation of anv public hearing nor shall it constitute grounds for the
cancellation of any action taken bv a board at such a mectin!!.
Page 2 of4
(f) Affidavit and Photograph (?/Notice: An affidavit and photographic evidence shall be
provided by the applicant at the public hearing that the applicant has complied with the
notice required by this section.
*
*
*
*
*
Section 2. 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 nullity the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, cause or sentence or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any tederal or state law, rule, code or regulation, the more restrictive shall apply. All
ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent
of such conflict. However, the suspension of conflicting laws or rules as provided for under F.S.
252.46(2) is intended to and shall apply.
Section 4. Filing.
This ordinance shall be filed with the Off1ce of the Secretary of State of the State of Florida and
shall not become effective prior to or without a notice issued by the Florida Department of
Community AtIairs or Florida Administration Commission approving the ordinance.
Section 5. TransmittaL
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the Florida Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Eflective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order fix any part of this ordinance to be
deemed consistent with the Comprehensive Plan, the etlective date of such part shall be as of the
etTective date of the required Comprehensive Plan amendment and as otherwise required by law.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 3 of4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chainnan
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Page 401'4
~~ 5s~
().V\
* 5:01 P.M. Publit Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Meeting Dale: August 16,2006
Bulk Item: Yes
No -X-.
Staff Contact Person: Tv Svmroski/Jerry D. Sanders
AGENDA ITEM WORDING: A Public Hearing to amend Section 9.5-45 of the Monroe County
Land Development Regulations providing for a notice requirement of fifteen (15) days for public
hearings, amendments to the text of the Monroe County Land Development Regulations and proposed
changes to the Land Use District Map, fixing the type and size of notice advertisements.
(One Public Heuring Required)
ITEM BACKGROUND: Section 9.5-45 of the Monroe County Land Development Regulations is the
general notice provision within the Land Development Regulations (LOR's). The proposed changes to
Section 9.5-45 are mainly to clarify the language used in that section and to add some general notice
provisions that had been scattered throughout other parts of the LDRs. The main substantive change is
the change in the notice requirement for amendments to the text of the LOR's, which incfudes proposed
changes to the land use district map from thirty (30) days to fifteen (15) days. This change is intended
to eliminate the delay caused by the inability of the Board of County Commissioners to hear land use
issues at consecutive meetings which are less than 30 days apart or provide notice after a Planning
Commission meeting less than thirty (30) days prior to the agenda deadline for a BOCC meeting. The
changes also reflect the significance of technology in the intormation dissemination process in that the
section now also requires posting of notice on the Monroe County website.
'Ibis matter originally arose from discussions at the Workforce housing Task Force and Commissioner
recommendation.
The Growth Management Director and the DRC recommend the following change:
Sec. 9.5-45(a} to be changed to require the legal description in a notice only when required by Florida
Statute.
-
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Section 9.5-45, a section of the LOR's by Ordinunce No. 33-1986; 40-1987; und 19-1989.
CONTRACT/AGREEMENT CHANGES: N/A
ST AF~_~COM~ENDA TlO~_~_ Appro.~~I.
------~._-_._------------~-- ""---------
TOTAL COST:
BUDGETEI>: Yes
No
COST TO COUNTY:
SOURCE OF FUNI>S:
REVENUE PRODUCING: Yes.__ No
AJ\oIOUNT PEII MONTH_ Year
APPROVED BY: County Atty _L OMBiPurchasing _ Risk .'vtanagement ______
DIVISION DIRECTOR APPROVAL: -:7/:~__
l) Syhiroski
I>OCVMENTATION: Included XX Not Required__
"
k~/_ ' /
....... ~_m'c if
DISPOSITION:
Revised 2/05
AGENDA ITEM # 12 - J (,.
ORDINANCE NO. - 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
9.5-45; PROVIDING FOR A NOTICE REQUIREMENT OF FIFTEEN (15)
DAYS FOR PUBLIC HEARINGS, AMENDMENTS TO THE TEXT OF
THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS AND
PROPOSED CHANGES TO THE LAND USE DISTRICT MAP, FIXING
THE TYPE AND SIZE OF NOTICE ADVERTISEMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING AN EFFECTIVE DATE AND; PROVIDING FOR FILING IN
THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF
FLORIDA AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners (BOCC), after public
hearing(s), has reviewed and considered the proposed amendments to the Land Development
Regulations (LDRs), comments of the public, recommendations of the Planning Commission,
recommendations of staff, and other matters; and
WHEREAS, the BOCC hereby makes the following Findings of Fact:
1. The current language in Section 9.5 - 45 of the Land Development Regulations
gives the general notice requirements for public hearings; and
2. A thirty (30) day notice requirement inhibited the ability of the BOCC to take
action on land development matters at consecutive BOCC meetings; and
3. Other notice requirements were located in other sections of the Land
Development Regulations, were disorderly, confusing and at times repetitive; and
4. Notice of all public hearings on land use matters should be posted on the Monroe
County website as soon as it is practical to do so; and
5. It is the intent of the BOCC to ensure that the notice requirements within the Land
Development Regulations are consistent with the requirements of the Florida
Statutes.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 9.5, Monroe County Code, is hereby amended to read as follows:
Sec. 9.5-45. Notice.
(a) Content of Notice: Every required notice shall include the date, time and place of
the hearing, the address where known, a description of the site of the proposed
Page I of4
development to identify it for others to locate with reference to the closest mile marker, a
summary of the proposal to be considered, and identification of the body conducting the
hearing. Advertisements for amendments to the land use district map shall he
captioned. "NOTICE OF CHANGE OF LAND USE REGULATIONS" and shall
contain a !!eOl!raphic location map which c1earlv indicates the area covered bv the
proposal. shall include maior street names as a means of identification of the area
and shall state in a brief form the nature of the amendment to be considered.
(b) Publication: Notice of public hearings shall be given at least tkirly (Jill fifteen
@ days in advance of the hearing date by publication in the nonlegal section of the
local newspapers of greatest general paid circulation in the Lower, Middle, and Upper
Keys of Monroe County, The newspapers shall be of !!eneral interest and readership
in the community and whenever possible. the advertisement shall appear in a
newspaper that is published five (5) days a week unless the onlv newspaper in the
community is published less than five (5) davs a week. elleeflt, lteYieVer, tltat tlte Retiee
fer amendments: 18 the tent sf these regHlatieRs shall he gi"0R at least fifteen (15) says
el<ehllliRg SlIRElaj's aREI lteIiEl~'s iR aEl','anee af tlte lteariRg B)' flllBlieatiaR iR eitlter tlte
legal SF R8nlegal sastieR sf the leeal Re\Vsl38peFs sf gFeate9t geReF81 eifsHlatieR in the
La'Ner, MiElElle, anEl Uflfler Keys ef MeRrae CellAt}.. The advertisements shall be no
less than one-Quarter pa!!e in a standard size or tabloid size newspaper and the
headline in the advertisements shall be in a type no smaller than ei!!hteen (18)
point.
(c) Posting of Notice: At least tkirly (Jill fifteen (15) days prior to any public hearing,
all applicants, excluding governmental agencies, shall post the property that is the subject
of the hearing with a waterproofsigns(s) provided bv the Planning Department which are
so located that the notices at leaat fallf (1) sljllare feet iR [raRt slIrroce area, wlticlt is sa
lettereEl tltat tlte Elate, time aREI leeatieR af tlte Itearing shall be easily visible from all
public streets and public ways abutting the property. Failure to provide proper notice as
per the Monroe County Code or other reason resulting in a delayed hearing shall result in
the re-noticing and rehearing of the original proposal and which shall be at the expense of
the applicant and which shall be an amount equal to double the appropriate application
fee. The applicant shall remove the posted notice within ten (10) days after completion of
the hearing.
(d) Mailing of Notice: Notice of a public hearing to consider a major conditional use
shall be mailed by the county to all owners of real property located within three hundred
(300) feet of the property proposed to be developed as a m~or conditional use, including
any residents of the parcel proposed for development, at least thirly (JII) fifteen (15)
days prior to a public hearing. A list of such owners, as shown by the latest available
records in the Monroe County Property Appraiser's office, shall be provided by the
applicant with an application for development approval.
(e) Other Notice: Notice of all public hearings shall be maileEl to all ol'gaRi"atians,
8ssaeiatians 88d other iateFfsted peFSBBS OF gyOUPS whieh hs"',e registered with the
depaFtmeat of pISBRiRg; and paid 88 BRRual fee fa defFllY the east Be mailiag;. posted
on the Monroe County Website as soon as is practical. Failure to post notice
on the Monroe County Website shall not constitute !!rounds for the
cancellation of any public hearin!! nor shall it constitute !!rounds for the
cancellation of any action taken by a board at such a meetin!!.
Page 2 of 4
(f) Affidavit and Photograph of Notice: An affidavit and photographic evidence shall be
provided by the applicant at the public hearing that the applicant has complied with the
notice required by this section.
"
"
"
"
"
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shaH be
adjudged by any court of competent jurisdiction to be invalid, such judgment shaH not affect,
impair, invalidate, or nulliry the remainder of this Ordinance, but the effect thereof shaH be
confined to the seCtion, paragraph, subdivision, cause or sentence or provision immediately
involved in the controversy in which such judgment or decree shaH be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any federal or state law, rule, code or regulation, the more restrictive shaH apply. AH
ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent
of such con11ict. However, the suspension of con11icting laws or rules as provided for under F .S.
252.46(2) is intended to and shaH apply.
Section 4. Filing.
This ordinarlce shall be filed with the Office of the Secretary of State of the State of Florida and
shaH not become effective prior to or without a notice issued by the Florida Department of
Community Affairs or Florida Administration Commission approving the ordinance.
Section 5. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the Florida Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (II).
Section 5. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensiive Plan amendments may be required in order for any part of this ordinance to be
deemed consistent with the Comprehensive Plan, the effective date of such part shall be as of the
effective datt: of the required Comprehensive Plan amendment and as otherwise required by law.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 3 of4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner
Commissioner Glenn Patton
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Attorney flolo(,
Page 4 of 4