Item R17
* 5:01 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006 - KL
Bulk Item: Yes No ~
Division: Gro\\<th Management
Staff Contact Person: Tv SymroskilJerrv D. Sanders
AGENDA ITEM WORDING:
A Public Hearing to amend Section 9.5~511 of the Monroe County Land Development Regulations
deleting notice provisions and referring to 9.5-45 and providing that notice of all public hearings shall
be posted on the Monroe County Website.
(One Public Hearing Required)
ITEM BACKGROUNI):
Section 9.5~511 of the Monroe County Land Development Regulations (LDR's) is the provision that
outlines the procedure for amending the LDR's which also includes changes to the Land Use District
Map. The proposed changes to Section 9.5~511 are mainly to clarify the language used in that section
and to move general notice provisions from Section 9.5-511 to the general notice section, 9.5~45.
These changes also add the requirement for the posting of notice on the Monroe County Website.
The Gro\\<thManagement Director, the DRC and the Planning Commission all recommend that this
ordinance be adopted in the format attached.
PREVIOUS RELEVANT BOCC ACTION:
Original Monroe County Code Section 9.5-511 adopted by Ordinance No< 33-1986, and amended by
Ordinance No. 40-1987 and Ordinance No. 19-1989.
CONTRACT/AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS:
ApprovaL
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _____~
OIVISION DIRECTOR APPROV AL: ~__:J.J )/ ... Z~/;>_<w_n __< ___m__<_
TY StMROSKI, [)fREt' OR, GROWTH MANAGEMENT
OOCUMENTATION:
Included XX Not Required~
OISPOSITION:
Revised 2/05
AGENDA ITEM #
ORDINANCE NO. - 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
9.5-511; DELETING NOTICE PROVISIONS AND REFERRING TO 9.5-45
AND; PROVIDING THA T NOTICE OF ALL PUBLIC HEARINGS
SHALL BE POSTED ON THE MONROE COUNTY WEBSITE;
PROVIDIN(; 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
DEP ARTMENT 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. Notice requirements were located in this section and notice requirements were
also located in other sections of the Land Development Regulations, making them
disorderly, confusing and at times repetitive; and
2. All general notice provisions should be located in Section 9.5 - 45; and
3. 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
4. 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 fl)lIows:
Sec. 9.5-511. Amendments to this chapter.
(a) PUI]Jose: The purpose of this article is to provide a means for changing the text of
this chapter which also includes chan2:es to the land use district map, It is not intended
to relieve particular hardships, nor to confer special privileges or rights on any person,
nor to permit a change in community character, as analyzed in volume I of the plan, but
only to make necessary adjustments in light of changed conditions. In determining
whether to grant a requested amendment, the board of county commissioners shall
consider, in addition to the factors set forth in this article, the consistency of the proposed
amendment with the provisions and intent of the plan.
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(b) Authority: The board of county commissioners may amend the text of this chapter
upon the compliance with the provisions of this article. Amendments may be proposed by
the board of county commissioners, the planning commission, the director of planning, or
the owner or other person having a contractual interest in property to be affected by a
proposed amendment. The director of planning shall have the responsibility to establish
the fonnat as approved by the board of county commissioners by which applications can
be submitted and shall have the authority to screen those amendments, processing only
those which are presented on a complete application: and those deemed insufficient shall
be returned to the applicant for correction and resubmittal within twenty~one (21) days.
(c) Timing: Applications for map and text amendments to this chapter shall be accepted
at any time. The planning director shall review and process the map and text amendment
applications as they are received and pass them on to the development review committee
and the planning commission for recommendation and final approval by the board of
county commissioners.
(d) Procedures:
(I) Proposals by board (~f' county COlUrnlSSlOners, planning COffllmSSlOn or
direclOr of planning: Proposals for amendments by the board of county
commissioners, the planning commission or the director of planning shall be
transmitted to the planning department and the development review committee
for review and recommendation to the planning commission.
(2) Proposals by affected landowners: Any landowner or other person having a
contractual interest in property desiring to petition the board of county
commissioners for an amendment to the land use district map shall be required to
file an application with the director of planning accompanied by a nonrefundable
application fee as established from time to time by the board of county
commissioners to defray the actual cost of processing the application [see section
9.5-522]. The director of planning shall transmit the proposed amendment to the
planning department and the development review committee for review and
preparation of a recommendation to the planning commission.
(3) Public hearing(~~: The planning commission and the board of county
commissioners eaeb shall each hold at least one (1) public hearing on a
proposed amendment to the text of this chapter or to the land use district
map.
a. Notice: Notice of a proposed amendment to eifhe.f the text of
this chapter f:H' which also includes ehanees to the land use
district map shall be provided as required by Section 9.5 - 45 of
this code. by publication of adyertisemcnts of all required
public hearingst the advertisements to be no less than one.
quarter page in a standard size or a tabloid size newspaper,
and the headline in the advertisemcnts to be in a typc no
smaller than 18 point. The ad'/crtiscmcnt shall not be placed in
that portion of the newspaper where legal notices and classified
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adyertisements appear. The advertisement shall be published
in a newspaper of general paid circulation in the county and of
general interest and readership in the community, not one of
limited subject matter. It is the intent that, whenever possible,
the advertisements shall appear in a newspaper that is
published at least fi"e (5) days a week. The advertisements for
amendments to the land use map shall be in the following
form:
NOTICE OF CH.A~NGE OFLI'..ND us~
RIi:CULATIONS
Monroe County proposes to regulate the use of
land within the area shown in the map in this
ad'/ertisement.
Public hearings on the proposal will bc held on
(date and timcs) at (meeting places).
The adyertisements also shall contain a geographic
location map which clearly indicates the area covered
by the proposal. The map shall include major street
names as a means of idcntification of the area.
(i) The adycrtisement for an amendment to the text of
this chapter shall state in a brief form the nature of the
amendment to be considered at the public hearing.
(ii) Notiee by publication shall be provided, in the ease
of amendments to the land use district map, at least
thirty (30) da)'s prior to any required pabtie hearing
and in the case of amendments to the text of this
chapter at least fifteen (15) days prior to any required
public hearings.
b. Posting (?lnotice,'Postin2 of notice shall be made At least
thirty (30) days prior to any public hearing required under this
section, the planning department shall post on the property
that is the subjeet of the hearing a sign or signs in accordance
\vith the requirements of section 9.5-45.
c. Other notice: Notice of all public hearings shall be mailed to
all organizations, associations and other interested persons or
groups which haye registered with the department of planning
and paid au annual fee to defray the cost of mailing. posted on
the Monroe County Websitc as soon as is practical. Failure to
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post notice on the Monroe County Website shall not constitute
erounds for the cancellation of any public hearine nor shall it
constitute 1!rounds for the cancellation of any action taken by a
board at such a meetin1!.
(4) Action by planning commission: The planning commission shall review the
application, the reports and recommendations of the department of planning and
the development review committee, and the testimony given at the public
hearing, and shall submit its recommendations and findings to the board of
county commissioners.
(5) Action by board qf county commissioners f()llowing public hearing~,):
a. The board of county commissioners shall consider the report and
recommendation of and the testimony given at the public hearings.
b. The board of county commissioners may consider the adoption of an
ordinance enacting the proposed change based on one (1) or more of the
following factors:
(i) Changed projections (e.g., regarding public service
needs) from those on which the text or boundary was
based;
(ii) Changed assumptions (e.g., regarding demographic
trends );
(iii) Data errors, including errors in mapping, vegetative
types and natural features described in volume I of the
plan;
(iv) New issues;
(v) Recognition of a need for additional detail or
comprehensiveness; or
(vi) Data updates;
howcver, in no event shall an amendment be approved which will result
in an adverse community change of the planning area in which the
proposed development is located.
c. In the event of a written protest against such amendment signed by
the owners of tvventy (20) percent or more either of the area of the lots or
land included in the proposed amendment or of the lots or land
immediately adjoining the property to be affected and extending two
hundred (200) feet therefrom, such amendment shall not become
effective except by the favorable vote of four (4) members of the board
of county commissioners,
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d, Except as provided in paragraph (c) above, the board of county
commissioners may adopt the proposed amendment or the proposed
amendment as modified by not less than a majority of its total
membership.
(e) T}pographical or Drqfilng Errors: Amendments to the text to correct typographical
or drafting errors may be adopted by the board of county commissioners without
posted notice or public hearing at any regular meeting. As long as the county is
within an area of critical state concern, notice of such amendments shall be
transmitted to the Florida Department of Community AtlnJrs within thirty (30) days.
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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 nullify 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 federal 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 \cvith the Oftice of the Secretary of State of the State of Florida and
shall not become eftective prior to or without a notice issued by the Florida Department of
Community Aftairs 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 consisteney of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Etlective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive 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
et1ective date of the required Comprehensive Plan amendment and as otherwise required by law.
Page 50f6
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/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
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