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Item Q7BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17, 2009 Bulk Item: Yes No x Division: Growth Management Department: Staff Contact Person/Phone #: Susan Grimsley Ext. #2524 AGENDA ITEM WORDING: A public hearing to approve an ordinance by the Monroe County Board of County Commissioners repealing and rescinding ordinance No. 008-2008 concerning amendments to the Monroe County 2010 Comprehensive Plan revising sections of the Future Land Use Element and the Conservation and Coastal Management Element regarding recreational and commercial working waterfronts. ITEM BACKGROUND: The working waterfronts Comprehensive Plan amendment was adopted by the BOCC (Ordinance 008-2008) on February 4, 2008 and rendered to the Florida Department of Community Affairs (DCA). Upon completion of its review, in a letter dated March 31, 2008, the DCA issued its notice of intent to find the amendment not in compliance. In April 2008, the amendment became the subject of a hearing before the Division of Administrative Hearings. A settlement could not be achieved. At the Special BOCC meeting on June 2, 2009, the Board directed staff to rescind the adopted amendment. PREVIOUS RELEVANT BOCC ACTION: June 2, 2009 — BOCC directed staff to rescind the adopted amendment. February 2009 — BOCC provided additional direction to staff for a counter settlement proposal. December 2008 — BOCC declined settlement offer from the Department of Community Affairs. February 2008 — Final adoption of the Comprehensive Plan amendment for working waterfronts. September 2007 — Approved transmittal of a Comprehensive Plan amendment for working waterfronts. September 2006 — Directed staff to enter into an inter -local agreement with South Florida Regional Planning Council to develop a Comprehensive Plan amendment for working waterfronts. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: n/a TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 ORDINANCE -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING AND RESCINDING ORDINANCE No. 008- 2008 CONCERNING AMENDMENTS TO THE MONROE COUNTY 2010 COMPREHENSIVE PLAN REVISING SECTIONS OF THE FUTURE LAND USE ELEMENT AND THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT REGARDING RECREATIONAL AND COMMERCIAL WORKING WATERFRONTS; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Board of County Commissioners (BOCC) approved the transmittal of an amendment (Amendment) to the Monroe County 2010 Comprehensive Plan (Plan) concerning the Working Waterfront on September 19,2007, to the Department of Community Affairs (DCA) as the first amendment in 2008 (08-01 Amendment) ; and WHEREAS, the DCA provided Objections, Recommendations and Comments (ORC) in response to the proposed 08-01 Plan Amendment; and WHEREAS, the BOCC considered the ORC report from DCA and adopted a revised version of the Amendment on February 4, 2008; and WHEREAS, DCA found the Amendment to be not in compliance in its Statement of Intent dated March 31, 2008; and WHEREAS, DCA filed a petition on April 22, 2008, with the State of Florida Division of Administrative Hearings (DOAH) entitled "DEPARTMENT OF COMMUNITY AFFAIRS vs. MONROE COUNTY, FLORIDA" requesting an administrative hearing to bring the Amendment into compliance with recommended remedial action; and WHEREAS, the Division of Administrative Hearings accepted jurisdiction of the requested hearing in Case Number 08-2035; and WHEREAS, there were several affected parties who were intervenors in the DOAH proceeding, and meetings were held with all the parties to attempt to revise the Amendment and settle the case; and WHEREAS, the DCA proffered a settlement agreement to the BOCC along with a proposed amendment which was rejected by the BOCC on December 3, 2008; and WHEREAS, the BOCC held a workshop on February 27, 2009, directing staff to write a counter settlement agreement and Amendment; and WHEREAS, on June 2, 2009, at a special public meeting, the BOCC heard public comment, input from staff, and considered the revised Amendment; and WHEREAS, the BOCC directed staff to rescind the adopted amendment; and WHEREAS, the BOCC finds that it is in the best interests of the public and the citizens of Monroe County to end the administrative hearing process and rescind the amendment; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Repealer. Ordinance No. 008-2008 is hereby rescinded and repealed in its entirety. 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, clause, 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 appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 4. 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. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 6. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17'h day of June, 2009. Mayor George Neugent Mayor pro tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor George Neugent SOAP E CED s t0 FO"RIRy4EY ate;