Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21. 2009
Division: Growth Management
Bulk Item: Yes
N01L-
Department:
Staff Contact PersonlPhone #: Susan Grimsley
Ext. 2517
AGENDA ITEM WORDING: A public hearing to consider the adoption of an ordinance by the
Momoe County Board of County Commissioners amending Section 110-72 of the Momoe County
Land Development Code concerning recording of conditional uses; amending Section 110-73 regarding
extensions of conditional uses and providing consistency with Section 110-72 time periods.
ITEM BACKGROUND: At previous public hearings of the Planning Commission in which
conditional use permit time extension applications were considered, members of the Planning
Commission requested that staff review sections of the code pertaining to the date of expiration of
conditional uses and time extensions of these permits, and whether multiple time extensions can be
granted. The current code is ambiguous as it relates to these issues. This ordinance attempts to clarify
the language in these sections of the code. Currently the Code provides that the Planning Commission
approves all extension. This new provision would allow the Planning Director to do extensions of
minor conditional uses, as the Planning Director does the original approval. The Planning Commission
at its September 23, 2009 meeting approved Resolution No. P48-09 with a unanimous vote.
PREVIOUS RELEVANT BOCC ACTION: nla
CONTRACT/AGREEMENTCHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -1L- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
To:
Through:
From:
Date:
Subject:
Meeting:
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be car;ng,professional andfa;r
Monroe County Board of County Commissioners
Townsley Schwab, Senior Director of Planning & Environmental Resources
Susan Grimsley, Acting Director of Growth Management & Assistant County
Attorney
Joseph Haberman, AICP, Principal Planner
October 6, 2009
Proposed Ordinance to the Board of County Commissioners to amend Section
IIO-72(a) of the Monroe County Code, Recording of Conditional Uses, and to
amend Section IIO-73(a) of the Monroe County Code, Development under an
Approved Conditional Use Permit
October 21, 2009
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of ~1l0-72(a) and ~1l0-73(a) of the Monroe County Code.
6
7 II RELEVANT PRIOR COUNTY ACTIONS:
8
9 The proposed text amendments were reviewed at the August 18, 2009 meeting of the
10 Development Review Committee. Several revisions to the proposed text amendments were
11 discussed and applied at that time.
12
13 III BACKGROUND INFORMATION
14
15 At previous public hearings in which conditional use permit time extension applications were
16 considered, members of the Planning Commission requested that staff review ~ 11 0- 73 and
17 determine if a two (2)-year time frame would be more appropriate for a time extension period
18 for conditional use permits, as opposed to the one (I)-year maximum currently permitted,
19 and suggested that staff clarify the language of the section, particularly that relating to
20 whether or not multiple extensions can be granted, as it is ambiguous in some areas.
21
22 IV REVIEW
23
24 ~110-72(a)
25
26 ~1l0-72(a) currently reads:
27
Page 1 of5
1 (a) All conditional use approval shall be recorded with the clerk of the circuit
2 court in the official records of the county, including the terms and conditions upon
3 which such approval is given, prior to the issuance of a building permit. The
4 requirement contained in section 1l0-73(a) that a conditional use permit not be
5 transferred to a successive owner without notification to the development review
6 coordinator within 15 days of the transfer must be included on the document
7 which is recorded pursuant to this section.
8
9 The position of development review coordinator has been eliminated in the Planning &
10 Environmental Resources Department. All responsibilities of the position have been
11 assumed by the Director of Planning & Environmental Resources and the Principal Current
12 Planner. Therefore, ~1l0-72(a) needs to be amended to clarify that notification shall be
13 provided to the Planning Director rather the obsolete development review coordinator.
14
15 Therefore, Staff recommends the following changes (deletions are striekeR thrOl:lgB. and
16 additions are underlined):
17
18 (a) All conditional use approvals shall be recorded with the clerk of the circuit
19 court in the official records of the county, including the terms and conditions upon
20 which such approval is given, prior to the issuance of a building permit. The
21 requirement contained in section 1l0-73(a) that a conditional use permit not be
22 transferred to a successive owner without notification to the de~leloflmeRt re~;ie'.v
23 eoefamator Planning Director within 15 days of the transfer must be included on
24 the document which is recorded pursuant to this section.
25
26 ~110-73(a):
27
28 ~1l0-73(a) currently reads:
29
30 (a) Effect of issuance of a conditional use approval. Approval for a conditional use
31 shall be deemed to authorize only the particular use for which it is issued. A
32 conditional use approval shall not be transferred to a successive owner without
33 notification to the development review coordinator within five days of the transfer.
34 (1) Unless otherwise specified in the approved conditional use approval,
35 application for a building permit shall be made within six months of the date of
36 the approval of the conditional use, and all required certificates of occupancy
37 shall be procured within two years of the date of issuance of the initial building
38 permit, or the conditional use approval shall become null and void with no
39 further action required by the county. Approval time frames do not change with
40 successive owners. An extension of time may be granted only by the planning
41 commission for a period not to exceed one year and only within the original
42 period of validity. When a hearing officer has ordered a conditional use
43 approval initially denied by the planning commission, the planning commission
44 shall nonetheless have the authority to grant or deny a time extension under this
45 section. If the planning commission denies a time extension, the holder of the
46 conditional use may request an appeal of that decision under chapter 102, article
Page 2 of 5
1 VI, division 2 by filing the notice required by that article within 30 days of the
2 written denial of the planning commission.
3 (2) Development of the use shall not be carried out until the applicant has
4 secured all other permits and approvals required by this chapter, this Code, or
5 regional, state and federal agencies and until the approved conditional use is
6 recorded in accordance with section 110-72.
7
8 As previously stated, members of the Planning Commission requested that staff review
9 ~110-73 and determine if a two (2)-year timeframe would be more appropriate for a time
10 extension period for conditional use permits, as opposed to the one (1 )-year maximum
11 currently permitted, and suggested that staff clarify the language of the section,
12 particularly that relating to whether or not multiple extensions can be granted, as it is
13 ambiguous in some areas.
14
15 Staff has found that due to the current economic situation, applicants for development have
16 had difficulties completing projects within the time periods currently specified in
17 conditional use permit approvals. Several applicants have applied for time extensions and
18 others have allowed their conditional use permits to expire. Allowing a two (2)-year
19 extension timeframe will provide applicants of larger and more complex projects with more
20 time to carry out their scopes of work. However, staff's currently proposed revisions
21 would not automatically provide for a two (2)-year extension. Under the current proposal,
22 based upon justification, the Planning Commission shall have discretion to provide up to a
23 two (2)-year timeframe; however the body may grant less time if desired.
24
25 Under past interpretation by the Planning & Environmental Resources Department and
26 Planning Commission, it has been determined that the current language does not prohibit
27 the granting of multiple extensions. However, staff's currently proposed revisions would
28 make this language more clear and directly allow the provision of multiple extensions.
29
30 Upon review of the section, staff has found that the current timeframe of conditional use
31 permits is confusing and difficult to administer. Currently, an applicant has to apply for a
32 building permit within six (6) months of the date of the approval of the conditional use
33 and all required certificates of occupancy shall be procured within two (2) years of the
34 date of issuance of the initial building permit, or the conditional use approval shall
35 become null and void. There are three (3) issues with the current language:
36
37 1) The date in which the conditional use permit is "approved" is not defined.
38 This date could be interpreted to be a) the date of the public hearing in the
39 cases of major conditional use permits / the date of the development review
40 committee meeting in the cases of minor conditional use permits; b) the date
41 the conditional use permit's development order is signed; or c) the date the
42 conditional use permit's development order passes all appeal periods and is
43 recorded in the records of the Clerk.
44
45 2) The period between when the initial building permit is applied for and the
46 when the first building permit is issued is not defmed or otherwise restricted.
Page 3 of5
1 Under the current language, a conditional use permit could remain valid
2 indefinitely if a building permit is applied for and is not issued for any reason,
3 even if the inactivity is the result of negligence by the applicant to submit a
4 complete building permit application. Furthermore, it is not indicated what
5 the County should do if the initial building permit is voided or otherwise
6 denied by the County.
7
8 3) It is difficult for staff and applicants to administer the timeframes and
9 determine the expiration dates of conditional use permits in that each
10 conditional use permit's timeframe is unique under the current provisions.
11
12 Upon review of the section, staff has found that only the Planning Commission has the
13 authority to grant extensions to all conditional use permits. In that the Planning
14 Commission grants major conditional use permits, they are the appropriate entity to grant
15 extensions to major conditional use permits. However, the Planning Director grants minor
16 conditional use permits. Since these applications are granted by the Planning Director,
17 staff has found that the Planning Director, not the Planning Commission, should hold the
18 authority to grant extensions to minor conditional use permits. Presumably, the Planning
19 Director will be more familiar with the application than the Planning Commission.
20
21 Upon review of the section, staff found several other areas that needed change to reflect
22 current practices and provide better readability.
23
24 Therefore, Staff recommends the following changes (deletions are strieken thrOl:1gB. and
25 additions are underlined):
26
27 (a) Effect of issuance of a conditional use approval. Approval for a conditional
28 use shall be deemed to authorize only the particular use for which it is issued. A
29 conditional use approval shall not be transferred to a successive owner without
30 notification to the deY/elopmeRt review eoordiaator Planning Director within fi:ye
31 fifteen (15) days of the transfer.
32 (I) Unless otherwise specified in the appro';ed a maior conditional use
33 approval, applieatioR for a building permit sba:ll be made '.vithin SH( mORthB
34 of the date of the approval of the eonditioftall:lSe, and all required building
35 permits and certificates of occupancy shall be procured within !we three (3)
36 years of the date of ilie issuaIlee ef the iBitial baildiftg permit on which the
37 maior conditional use approval is recorded and filed in the official records
38 of Monroe County, or the maior conditional use approval shall become null
39 and void with no further action required by the county. Approval time
40 frames do not change with successive owners. .^Jl eKtensiOR Extensions of
41 time to a maior conditional use approval may be granted only by the
42 planning commission for a period periods not to exceed 000 year two (2)
43 years and only yJi.thiR the origffial period of 'falidity. Apl'lications for
44 extensions shall be made prior to the expiration dates. Extensions to
45 expired maior conditional use approvals shall be accomplished only by re-
46 application for the maior conditional uses. When a hearing officer has
Page 4 of 5
1 ordered a conditional use approval initially denied by the planning
2 commission, the planning commission shall nonetheless have the authority
3 to grant or deny a time extension under this section. If the planning
4 commission denies a time extension, the holder of the conditional use may
5 request an appeal of that decision under chapter 102, article VI, division 2
6 by filing the notice required by that article within 30 days of the written
7 denial of the planning commission.
8 (2) Unless otherwise specified in a minor conditional use approval. all
9 required building permits and certificates of occupancy shall be procured
10 within three (3) vears of the date on which the minor conditional use
11 approval is recorded and filed in the official records of Monroe County. or
12 the minor conditional use al'proval shall become null and void with no
13 further action required bv the county. Approval time frames do not change
14 with successive owners. Extensions of time to a minor conditional use
15 approval may be granted onlv bv the Planning Director for periods not to
16 exceed one (1) vear. Applications for extensions shall be made prior to the
17 expiration dates. Extensions to expired minor conditional use al'provals
18 shall be accomplished onlv bv re-application for the minor conditional
19 uses. When a hearing officer has ordered a conditional use approval
20 initiallv denied bv the Planning Director. the Planning Director shall
21 nonetheless have the authority to grant or denv a time extension under this
22 section. If the Planning Director denies a time extension. the holder of the
23 conditional use may request an appeal of that decision under chapter 102.
24 article VI. division 2 by filing the notice required bv that article within 30
25 days of the written denial of the Planning Director.
26 ~ ill Development of the use shall not be carried out until the applicant
27 has secured all other permits and approvals required by this chapter, this
28 Code, or regional, state and federal agencies and until the approved
29 conditional use is recorded in accordance with section 110-72.
30
31 Staff has found that the proposed text amendments would be consistent with the provisions of
32 ~102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
33 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
34 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
35 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
36 additional detail or comprehensiveness; or 6. Data updates. Specifically, Staff has found that
37 the proposed text amendments are necessary due to new issues and recognition of a need for
38 additional detail.
39
40 V RECOMMENDATION
41
42 Staff recommends that the Board of County Commissioners amend the Monroe
43 County Code as stated in the text of this staffreport.
Page 5 of5
ORDINANCE
- 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY SECTION 110-72 CONCERNING RECORDING OF
CONDITIONAL USES; AMENDING SECTION 110-73
REGARDING EXTENSIONS OF CONDITIONAL USES AND
PROVIDING CONSISTENCY WITH SECTION 110-72 TIME
PERIODS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the position of development review coordinator has been eliminated in the
Planning & Environmental Resources Department. All responsibilities of the position
have been assumed by the Director of Planning & Environmental Resources and the
Principal Current Planner. Therefore, Section llO-72(a) and Section llO-73(a) need to
be amended to remove mention of this position; and
WHEREAS, during Board Discussion at public hearings in which conditional use permit
time extension applications were considered, members of the Monroe County Planning
Commission requested that Planning & Environmental Resources Department staff
review Section llO-73(a) and determine if a two (2)-year timeframe would be more
appropriate for a time extension period for conditional use permits, as opposed to the one
(1 )-year maximum currently permitted, and suggested that staff clarify the language of
the section, particularly that relating to whether or not multiple extensions can be granted;
and
WHEREAS, upon review of the Section 1l0-73(a), staff found that the current
timeframe of conditional use permits is difficult to administer and recommended that the
timeframe period be modified to provide a more practical timeframe for conditional use
permits that is easier to administer and that important dates be clarified; and
WHEREAS, upon review of the Section llO-73(a), staff found that only the Planning
Commission has the authority to grant extensions to all conditional use permits. In that
the Planning Commission grants major conditional use permits, they are the appropriate
entity to grant extensions to major conditional use permits. However, the Planning
Director grants minor conditional use permits. Since these applications are granted by
the Planning Director, staff recommended that the Planning Director, not the Planning
Commission, hold the authority to grant extensions to minor conditional use permits; and
WHEREAS, this ordinance was recommended for approval to the Board of County
Commissioners by the Planning Commission at its meeting of September 23, 2009;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
(Deletions are striek-eR tmOligh and additions are underlined.)
Section 1. Section 11O-72(a) shall be amended as follows:
(a) All conditional use approvals shall be recorded with the clerk of the
circuit court in the official records of the county, including the terms and
conditions upon which such approval is given, prior to the issuance of a
building permit. The requirement contained in section 1l0-73(a) that a
conditional use permit not be transferred to a successive owner without
notification to the developmeBt r0'lie>:: eoordmator Planning Director
within 15 days of the transfer must be included on the document which is
recorded pursuant to this section.
Section 2. Section 11 0-73( a) shall be amended as follows:
(a) Effect of issuance of a conditional use approval. Approval for a
conditional use shall be deemed to authorize only the particular use for
which it is issued. A conditional use approval shall not be transferred to a
successive owner without notification to the develepmeBt rede\\'
eoordinator Planning Director within fPie-fifteen (15) days of the transfer.
(1) Unless otherwise specified in the appro~.'ed a maior conditional
use approval, applieatioB for a bwlding permit shall be made vAthm
six mon.ths of the date of the approval of the eonditionall:l5e, aBd all
required building permits and certificates of occupancy shall be
procured within !we three (3) years of the date of the issuanee of the
initial buildmg permit on which the maior conditional use approval
is recorded and filed in the official records of Monroe County. or the
maiar conditional use approval shall become null and void with no
further action required by the county. Approval time frames do not
change with successive owners. }~ ~cteil5ioB Extensions of time
to a maior conditional use approval may be granted only by the
planning commission for a period periods not to exceed 000 year
two (2) years aBd only wit:hiR the original period of .;alidity.
Applications for extensions shall be made prior to the expiration
dates. Extensions to expired major conditional use approvals shall
be accomplished only by re-application for the maior conditional
uses. When a hearing officer has ordered a conditional use approval
initially denied by the planning commission, the planning
commission shall nonetheless have the authority to grant or deny a
time extension under this section. If the planning commission denies
a time extension, the holder of the conditional use may request an
appeal of that decision under chapter 102, article VI, division 2 by
filing the notice required by that article within 30 days of the written
denial of the planning commission.
(2) Unless otherwise specified in a minor conditional use approval.
all required building permits and certificates of occupancy shall be
procured within three (3) years of the date on which the minor
conditional use approval is recorded and filed in the official records
of Monroe County. or the minor conditional use approval shall
become null and void with no further action required by the county.
Approval time frames do not change with successive owners.
Extensions of time to a minor conditional use approval may be
granted only by the Planning Director for periods not to exceed one
(1) year. Applications for extensions shall be made prior to the
expiration dates. Extensions to expired minor conditional use
approvals shall be accomplished only by re-application for the
minor conditional uses. When a hearing officer has ordered a
conditional use approval initially denied by the Planning Director.
the Planning Director shall nonetheless have the authority to grant or
deny a time extension under this section. If the Planning Director
denies a time extension. the holder of the conditional use may
request an appeal of that decision under chapter 102. article VI.
division 2 by filing the notice required by that article within 30 days
of the written denial of the Planning Director.
~ ill Development of the use shall not be carried out until the
applicant has secured all other permits and approvals required by
this chapter, this Code, or regional, state and federal agencies and
until the approved conditional use is recorded in accordance with
section 110-72.
Section 3. 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 4. Conflictine: 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 5. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(II) and F.S. 380.0552(9).
Section 6. Filine:.
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 Mfairs or
Administration Commission approving the ordinance.
Section 7. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 8. 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 _ day of , 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By
By
Deputy Clerk
Mayor George Neugent