Item T12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2008 Division: Growth Management
Bulk Item: Yes - No X Department:
Staff Contact: Susan Grimsley/Andrew O. Trivette
AGENDA ITEM WORDING: Public hearing to consider an ordinance amending Sections 9.5-68
and 9.5-69 of the Monroe County Code concerning minor and major conditional uses,
ITEM BACKGROUND: Currently, the time periods for review are not realistic and sometimes
impossible, given the advertising, notice and review required, i.e. a Development Review Committee
(DRC) hearing within 15 days of receipt of an application. The ad for the DRC takes roughly a 20 day
lead time alone. In practice the prescribed limits are not followed, and are therefore meaningless. In
addition, the applicable time limits are from receipt of an application instead of being from each stage
of the review process, each of which requires notice and mailings. The proposed time limits are
practical and reflect more accurately the time necessary to get a well researched and well written
development order. In addition, the obsolete provision of requiring a major conditional use approval to
be noticed after approval is deleted. The appeal for major conditional uses is then from the Planning
Commission decision and not from the mailing date, which mailing does not occur. All appeals from
the Planning Commission will now be consistent.
PREVIOUS RELEVANT BOCC ACTION:
The Planning Commission unanimously approved this amendment on October 8, 2008 (Resolution
P31-08), The Land Development Regulations were adopted in 1986, There were several amendments
through 1993.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a BUDGETED: Yes - No -
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No x AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
November 19, 2008 BOCC
1 ORDINANCE NO. - 2008
2
3 AN ORDINANCE BY THE MONROE COUNTY
4 BOARD OF COUNTY COMMISSIONERS
5 AMENDING SECTIONS 9.5-68 AND 9.5-69 OF THE
6 MONROE COUNTY CODE CONCERNING
7 CONDITIONAL USES; AMENDING
8 PROCEDURES AND DELETING OBSOLETE
9 PROVISIONS; PROVIDING FOR SEVERABILITY;
10 PROVIDING FOR REPEAL OF INCONSISTENT
11 PROVISIONS; PROVIDING FOR TRANSMISSION
12 TO THE DEPARTMENT OF COMMUNITY
13 AFFAIRS AND THE SECRETARY OF STATE;
14 PROVIDING FOR AN EFFECTIVE DATE.
15
16
17 WHEREAS, since enactment of the Land Development Regulations in the 1980s the
18 actual processing of Conditional Uses by the Growth Management Division has changed to
19 reflect the needs of applicants and the structure of the Planning Department; and
20
21 WHEREAS, the process should be accurately reflected in the regulations and land
22 development code for the benefit of the public;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY:
26
27 Section 1. Section 9.5-68 is amended as follows:
28
29 Sec. 9.5-68. Minor conditional uses.
30
31 (a) Applications for a Minor Conditional Use Permit: An application for a minor
32 conditional use permit shall be submitted to the Planning Department development
33 review coordinator in the form provided by the director of planning. If approval of a plat
34 is required for the proposed development, an application for plat approval shall be
35 submitted in conjunction with the application for a conditional use permit. If an
36 application for a minor conditional use includes a major conditional use, then the minor
Page 1 of 10
November 19, 2008 BOCC
1 conditional use shall be considered in conjunction with the major conditional use in
2 accordance with the procedures of section 9.5-69.
3 (b) Revierv by the Development Revieri' Committee: An application for a minor
4 conditional use permit shall be reviewed by the development review committee within
5 thirty days of receipt of a complete application, The development review committee
6 members shall make comment forward its report Qnd recommendation on the application
7 for a minor conditional use permit and the responsible staff shall forward such comments
8 to the director of planning. within ten (10) 'vVorking days of its determination of
9 completeness,
10 (c) Decision by the Director of Planning: Within ten (10) thirty (30) working days after
11 receiving the report and recommendation of the meeting of the development-review
12 committee, the director of planning shall render a development order granting, granting
13 with conditions, or denying the application for a minor conditional use permit, with the
14 exception of applications where a condition(s) has been imposed that must be satisfied
15 prior to the issuance of a development order, in which case the development order shall
16 be issued within thirty working days after receipt of proof of satisfaction of the
17 condition( s ).
18
19 (d) Notice of Grant of a Minor Conditional Use Permit: The director of planning shall
20 give notice of any development order !-,JIanting a minor conditional use by sending a
21 written notice to all owners of real property located within three hundred (300) feet of the
22 property that is subject to the minor conditional use permit, and notice of the intent to
23 issue the minor conditional approval shall be published in the newspapers of local
24 circulation in the county by advertisement in the legal section. The costs of publication
25 and written notice are to be borne by the applicant. Notice by the planning director shall
26 be by regular mail on the day of the granting of the minor conditional use.
27 (e) Consideration of a Minor Conditional Use Approval by the Planning
28 Commission: An administrative appeal or a request for a public hearing by the applicant
29 Consideration of a minor conditional use approval shall be governed by the provisions of
30 article XII,
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November 19, 2008 BOCC
1 (f) Public HcariHg on aH >1pp!icatioH fo;< a },{inor Conditional Use Permit: The public
2 hearing on an application for minor conditional use, if requested by the applicant, an
3 adjacent property owner, or an aggrieved or adversely affected person, as defined by
4 section 163.3215(2), Florida Statutes (1985), or any resident or real property ovmer, shall
5 be conducted by the planning commission in accordance with the provisions of section
6 9.5 521(e). (deleted as redundant)
7
8 Section 2. Section 9.5-69 shall be amended as follows:
9
10 Sec. 9.5-69. Major conditional uses.
11
12 (a) Applications for Major Conditional Uses: An application for a major conditional use
13 permit shall be submitted to the planning department development revic\v coordinator in
14 a form provided by thc director of planning.
15 (1) If approval of a plat is required for the proposed development, an application for plat
16 approval shall be submitted in conjunction with the application for a conditional use
17 permit. However, a major conditional use shall not become effective until the plat has
18 been approved by the board of county commissioners.
19 (2) As a part of the application for major conditional use, an applicant shall be required
20 to submit the following, except for those inappropriate to the proposed development due
21 to the limited size or scale of the development as determined by the planning director:
22 a. An environmental designation survey consisting of:
23 (i) A plan drawn to a scale of one (1) inch equals twenty (20) feet or less, except where
24 impractical and the planning director authorizes a smaller scale, and showing the
25 following:
26 1. Location of property;
27 2. Date, approximate north point and graphic scale;
28 3. Acreage within the property;
29 4, Boundary lines of the property and their bearings and distances;
30 5. Topography and typical ground cover;
31 6. General surface characteristics, water areas and drainage patterns;
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November 19, 2008 BOCC
1 7. Contours at an interval of not greater than one (1) foot or at lesser intervals if deemed
2 necessary for review purposes;
3 8. 100-year flood-prone areas by flood zone;
4 9. Presently developed and/or already altered areas; and
5 10. Location of mean high-water line.
6 (ii) A natural vegetation map and/or a map of unique environmental features such as:
7 1. Climax tropical hardwood hammocks;
8 2. Endangered species habitats;
9 3, Major wildlife intensive use areas.
10 (iii) Aerial photographs of the property and surrounding area.
II (iv) A review of historical and archeological sites by the Florida Division of Archives,
12 History and Records Management.
13 (v) A review of unique environmental features such as:
14 1. Climax tropical hardwood hammocks;
15 2, Endangered species habitats;
16 3. Major wildlife intensive use areas.
17 (vi) Actual acreage of specific vegetation species or other environmental characteristics.
18 (vii) General information relating to the property in regard to the potential impact which
19 development of the site could have on the area's natural environment and ecology.
20 (viii) Environmental resources:
21 1. If shoreline zones were identified, describe in detail any proposed site alterations in
22 the areas, including vegetation removal, dredging, canals or channels; identify measures
23 which have been taken to protect the natural, biological functions of vegetation within
24 this area such as shoreline stabilization, wildlife and marine habitat, marine productivity
25 and water quality maintenance,
26 2. If tropical hammock communities or other protected vegetative communities were
27 identified, describe proposed site alteration in those areas and indicate measures which
28 were taken to protect intact areas prior to, during and after construction.
29 3. Describe plans for vegetation and landscaping of cleared sites including a completion
30 schedule for such work.
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November 19, 2008 BOCC
1 (ix) Environmental resources-wildlife. Describe the wildlife species which nest, feed or
2 reside on or adjacent to the proposed site. Specifically identify those species considered
3 to be threatened or endangered. Indicate measures which will be taken to protect wildlife
4 and their habitats.
5 (x) Environmental resources-water quality:
6 1. Identify any waste water disposal areas, including stonnwater runoff, septic tank
7 drain-fields, impervious surfaces and construction-related runoff; describe anticipated
8 volume and characteristics. Indicate measures taken to minimize the adverse impacts of
9 these potential pollution sources upon the quality of the receiving waters prior to, during,
10 and after construction; identify the nearshore water quality; and identify how this
11 development will not adversely impact the nearshore water quality.
12 2. Indicate the degree to which any natural drainage patterns have been incorporated into
13 the drainage system of the project.
14 b. A community impact statement, including:
15 (i) General description of proposed development:
16 1. Provide a general written description of the proposed development; include in this
17 description the proposed phases of development or operation and facility utilization,
18 target dates for each of these, and date of completion; in addition, indicate the site size,
19 developing staging and appropriate descriptive measures such as quantity and type of
20 residential units, commercial floor area, tourist accommodation units, seating and parking
21 capacities; for residential development, indicate the anticipated unit-per-acre density of
22 the completed project;
23 2. Identify aspects of the project design, such as a clustering, which were incorporated to
24 reduce public facilities costs and improve the scenic quality of the development; describe
25 building and siting specifications which were utilized to reduce hurricane and fire damage
26 potential to comply with federal flood insurance regulations and the comprehensive land
27 use plan.
28 (ii) Impact assessment on public facilities and water supply:
29 I. Identify projected daily potable water demands at the end of each development phase
30 and specify any consumption rates which have been assumed for the projection;
Page 5 of 10
November 19,2008 BOCC
1 2, Provide proof of coordination with the Florida Keys Aqueduct Authority; assess the
2 present and projected capacity of the water supply system and the ability of such system
3 to provide adequate water for the proposed development;
4 3. Describe measures to ensure that water pressure and flow will be adequate for fire
5 protection for the type of construction proposed.
6 (iii) Public facilities-wastewater management:
7 1. Provide proof of coordination with the Florida Department of Health and
8 Rehabilitative Services;
9 2, Provide projection of the average flows of wastewater generated by the development
10 at the end of each development phase; describe proposed treatment system, method and
11 degree of treatment, quality of effluent, and location of effluent and sludge disposal areas;
12 identify method and responsibilities for operation and maintenance of facilities;
13 3, If public facilities are to be utilized, provide proof of coordination with the Monroe
14 County Waste Collection and Disposal District; assess the present and projected capacity
15 of the treatment and transmission facilities and the ability of such facilities to provide
16 adequate service to the proposed development;
17 4. If applicable, provide a description of the volume and characteristics of any industrial
18 or other effluents.
19 (iv) Public facilities-solid waste:
20 1. Identify projected average daily volumes of solid waste generated by the development
21 at the end of each phase; indicate proposed methods of treatment and disposal;
22 2. Provide proof of coordination with Monroe County Municipal Services District;
23 assess the present and projected capacity of the solid waste treatment and disposal system
24 and the ability of such facilities to provide adequate services to the proposed
25 development;
26 3. Comply with the requirements of section 9,5-426 of this chapter concerning any
27 applicable traffic study.
28 (v) Public facilities-transportation:
29 1. Provide a projection of the expected vehicle trip generation at the completion of each
30 development phase; describe in terms of external trip generation and average daily and
31 peak hour traffic;
Page 6 of 10
November 19,2008 BOCC
1 2. If the project site is adjacent to U.S. 1, describe the measures, such as setbacks and
2 access limitations, which have been incorporated into the project design to reduce impacts
3 upon U.S. 1.
4 (vi) Housing:
5 1. If the project includes residential development, provide breakdown of the proposed
6 residential units by price range or rental range and type of unit such as single-family,
7 duplex, townhouse, etc.;
8 2. If lots are to be sold without constructed dwelling units, indicate the number and
9 percentage of such lots and the extent of improvements to be made prior to sale;
10 3. Assess the potential of the proposed development to meet local or regional housing
11 needs; in particular, indicate any measures taken to provide low-and moderate-income
12 housing,
13 (vii) Special considerations:
14 1. Describe the relationship of the proposed development to the comprehensive land use
15 plan objectives and policies; also indicate relationships [between] existing or proposed
16 public facilities plans; identify any conflicts;
17 2. Indicate any relationships of the project to special land use and development district
18 such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas;
19 3. If applicable, assess the impact of the proposed development upon other adjacent or
20 nearby municipalities or counties,
21 (viii) The data and information provided in a community impact statement shall be
22 coordinated with data and other information and/or permits required by local, regional,
23 state or federal regulatory or reviewing agencies as appropriate to the major conditional
24 use proposed,
25 (b) Review by the Development Review Committee: An application for a major
26 conditional use permit shall be reviewed by the development review committee within
27 thirty (30) working days after receipt of a complete application . The development
28 review committee shall give comments to the applicant responsible staff and the planning
29 director, Within thirty (30) working days of the meeting or within thirty working days
30 after any additional information required from the applicant is furnished, the department
31 shall provide for advertisement of any required public hearing by the planning
Page 7 of 10
November 19, 2008 BOCC
1 commISSIOn. Within fifteen (15) working days after the submission of a complete
2 application for a major conditional use permit, the development reviev/ committee shall
3 forward a report and recommendation on the application for a major conditional use
4 permit to the planning commission,
5 (c) Public Hearing on an Application for a Major Conditional Use Permit: The
6 planning commission shall hold a public hearing on the application for a major
7 conditional use permit and shall, '.vithin forty five (15) working days of the submission of
8 a complete application for a major conditional use permit to the development revie'l/
9 coordinator issue a development order granting, granting with conditions or denying the
10 application for a major conditional use permit, within thirty calendar days of the Planning
11 Commission meeting or of the applicants fulfilling conditions precedent to the
12 development order.
13 (d) Notice of Grant of a },{ajor Conditional Use Permit: The director of planning shall
14 give notice of any development order granting a major conditional use by sending a
15 '.vritten notice to all owners of real property located \vithin three hundred (300) feet of the
16 property that is the subject of the major conditional use permit, and notice of the intent to
17 issue the major conditional approval shall be published in nev,'spapers of local circulation
18 in the county by advertisement other than in the legal notice section with the cost to be
19 borne by the applicant. Notice by the planning director shall be by regular mail '.vithin
20 fifteen (15) days of the granting of the major conditional use.
21 fej fJilAppeal of a Conditional Use Approved by the Planning Commission: The
22 applicant, an adjacent property owner, or any aggrieved or adversely affected person, as
23 defined by Florida Statutes section 163.3215(2), or any person who presented testimony
24 or evidence at the public hearing conducted pursuant to subsection (c), may request an
25 appeal of the planning commission's major conditional use decision under the hearing
26 officer appellate article of these regulations [s 9.5-532 et seq.] by filing the notice
27 required by that article within thirty (30) days after the publication of notice or sending of
28 the vlritten notice by the county, whichever is later. of execution of the written decision
29 of the planning commission,
30
31
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November 19, 2008 BOCC
1 Section 3. Severability.
2 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall
3 be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
4 affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
5 shall be confined to the section, paragraph, subdivision, clause, sentence, or provision
6 immediately involved in the controversy in which such judgment or decree shall be rendered.
7
8 Section 4. Conflictilll! Provisions.
9
10 In the case of direct conflict between any provision of this ordinance and a portion or
11 provision of any appropriate federal, state, or County law, rule code or regulation, the more
12 restrictive shall apply.
13
14 Section 5. Transmittal.
15 This ordinance shall be transmitted by the Planning and Environmental Resources
16 Department to the Florida Department of Community Affairs to determine the consistency of
17 this ordinance with the Florida Statutes and as required by F.S, 380,05(6) and (11).
18
19 Section 6. Filin2.
20
21 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
22 not become effective until a notice is issued by the Department of Community Affairs or
23 Administration Commission approving the ordinance.
24
25 Section 7. Effective Date.
26
27 This ordinance shall become effective as provided by law and stated above.
28
29
30
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November 19,2008 BOCC
1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida at a regular meeting held on the of 2008.
3
4
5 Mayor
6 Mayor Pro Tern
7 Commissioner
8 Commissioner
9 Commissioner
10
11
12
13 (SEAL) BOARD OF COUNTY COMMISSIONERS
14 Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
15
16
17 By By
18 Deputy Clerk Mayor/Chairperson
19
20
Page IO of 10
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to he caring, professional antljair
To: Board of County Commissioners
Through: Andrew O. Trivette, Growth Management Director
Townsley Schwab, Acting Planning Director
From: Susan Grimsley, Assitant County Attorney >:I-n1
Date: October 31, 2008
RE: Amendment to Land Development Regulations Secs. 9.5-68 and 9.569
Concerning Conditional Uses
For: Meeting of November 19, 2008
Proposal: To amend Sections 9.5-68 and 9,5-69 concerning Minor and Major
Conditional Uses to reflect actual practice, provide outside time limits or endpoints for
the process, and eliminate obsolete provisions.
Process: The Development Review Committee (DRC) has reviewed the proposed
ordinance changes, The Planning Commission held one public hearing on July 23,2008.
The hearing was continued until September 19, 2008; however that meeting was
cancelled because of Hurricane Ike, The public hearing was re-noticed for October 8,
2008. The Planning Commission unanimously recommended approval of the changes.
The BOCC must hold one public hearing on the matter.
Analysis: The BOCC may consider changes to the text of the Land Development
Regulations recognizing one of the six factors in Sec. 9.5-511(5)b. The proposed
ordinance amendment meets the following criteria:
Sec. 9.5-511(5)b. (iv) New issues
(v) Recognition of a need for additional
detail or comprehensiveness
1. Minor conditional uses are considered by staff and the ORe. Currently a
development order must be issued by the Planning Director within 10 days of the
meeting. This is being changed to thirty working days. This is a much more realistic
time frame, as input from the DRC must be considered and a development order written
by staff and approved and issued by the Planning Director. Planning Commission
meetings follow the day after the DRC, and staff is already preparing for the following
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Planning Commission meeting two weeks later. In many cases, the applicants want to
review the draft order. and have input before it is issued by the Planning Director.
2. Section 9.5-68 has been changed to confirm that a review of a decision by the
Planning Director on a minor conditional use is an appeal from his administrative action.
The appeal is to the Planning Commission as are all administrative appeals. In addition,
as is currently the practice, the applicant may ask for a hearing to speed up the process.
This does not change current policy but simple clarifies it.
3, 9.5-68(f) is then eliminated as redundant, as this is stated elsewhere in the code,
4, In regard to major conditional uses, the development review committee makes
comments to the responsible staff member and the Planning Director. It does not make a
formal recommendation to the Planning Commission. Wording has been changed in both
sections 9.5-68 and 9.5-69 to reflect that process, In the future, the DRC section will be
revised to clarify this procedure.
5, Code Section 9,5-69 currently requires the DRC to forward its recommendation to
the Planning Commission within 15 days of receipt of an application. This does not
account for the required County advertising time. This time frame is not actually used
and both applicant and staff recognize its impossibility, The amendment proposes that for
the process of consideration of major conditional uses, the DRC shall review the
complete application within thirty working days. Upon receiving input from the DRC,
staff has thirty working days to advertise the item for a hearing. This is in line with actual
practice, in order to do staff reports, meet advertising deadlines, meet notice requirements
and coordinate meeting dates with the applicant. If a particular project can be handled
more expeditiously. it will be,
6. The Planning Commission resolution shall be signed within thirty calendar days
of the meeting. This timeframe is being changed to link it to the Planning Commission
meeting, and not to the original delivery date of the application.
7. Section 9.5-69 eliminates the requirement to give duplicate notice after-the-fact
about the Planning Commission's decision on a major conditional use. This provision
has not been used within recent memory. if at all. Notice is sent before the public
hearing and published in the newspaper as required, and the property is posted, Public
participation is evident from the attendance at the Planning Commission meetings.
8. Appeals must be made within thirty days of the Planning Commission's written
decision or resolution as are all Planning Commission appeals. This makes all appeal
procedures from the Planning Commission decisions consistent.
Recommendation: Staff recommends approval.
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PLANNING COMMISSION RESOLUTION NO. P31-08
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTIONS 9.5-68 AND 9.5-69 CONCERNING
CONDITIONAL USES
WHEREAS, since enactment of the Land Development Regulations in the 1980s
the actual processing of Conditional Uses by the Growth Management Division has
changed to reflect the needs of applicants and the structure of the Planning Department;
and
WHEREAS, the process should be accurately reflected in the regulations and
land development code for the benefit of the public; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
Monroe county, Florida, that the following amendment to the text of the Monroe County
Land Development Regulations be APPROVED:
Section 1. Section 9.5-68 is amended as follows:
Sec. 9.5-68. Minor conditional uses.
(a) Applications for a Minor Conditional Use Permit: An application for a
minor conditional use permit shall be submitted to the Planning Department .
deyelopment reviov/ coordinator in the form provided by the director of planning.
If appro'/al of a plat is required for the proposed developmont, an application for
plat appro'/al shall be submitted in conjunction '!lith the application for a'
conditional use permit. If an application for a minor conditional use includes a
major conditional use, then the minor conditional use shall be considered in
conjunction with the major conditional use in accordance with the procedures of
section 9.5-69.
(b) Review by the Development Review Committee: An application for a minor
conditional use permit shall be reviewed by the development review committee
within thirty days of receipt of a complete application. The development review
committee members shall make comment forward its report and recommendation
on the application for a minor conditional use permit and the responsible staff
shall fOlWard such comments to the director of planning. vlithin ten' (10) \vorking
days of its detennination of completeness.
(c) Decision by the Director of Planning: Within ten (10) thirty (30) working
days after recciying tho report and recommendation of the meeting of the
development-review committee, the director of planning shall render a
development order granting, granting with conditions, or denying the application
.
for a minor conditional use permit, with the exception of applications where a
condition( s) has been imposed that must be satisfied prior to the issuance of a
development order. in which case the development order shall be issued within
thirty working days after receipt of proof of satisfaction of the condition( s ).
(d) Notice of Grant of a Minor Conditional Use Permit: The director of
planning shall give notice of any development order granting a minor conditional
use by sending a written notice to all owners of real property located within three
hundred (300) feet of the property that is subject to the minor conditional use
permit, and notice of the intent to issue the minor conditional approval shall be
published in the newspapers of local circulation in the county by advertisement in
the legal section. The costs of publication and written notice are to be borne by the
applicant. Notice by the planning director shall be by regular mail on the day of
the granting of the minor conditional use.
(e) Consideration of a Minor Conditional Use Approval by the Planning
Commission: An administrative appeal or a request for a public hearing by the
applicant Consideration of a minor conditional use approval shall be governed by
the provisions of article XII.
(f) Public Hearing on an Application for a },(inor Conditional Use P-crmit: The
publio hearing on an application for minor conditional use, if requested by the
applicant, an adjacent property ovmer, or an aggrieved or adversely affected
person, as defined by section 163.3215(2), Florida Statutes (1985), or any resident
or real property o\vner, shall be conducted by the planning commission in
accordance ':/ith the provisions of section 9.5 52I(e),
Section 2. Section 9.5-69 shall be amended as follows:
Sec. 9.5-69. Major conditional uses.
(a) Applications for Major Conditional Uses: An application for a major
conditional use permit shall be submitted to the planning department development
reyiev/ coordinator in a form provided by the director of planning.
(1) If approval of a plat is required for the proposed development, an application
for plat approval shall be submitted in conjunction with the application for a
conditional use permit. However, a major conditional use shall not become
effective until the plat has been approved by the board of county commissioners.
(2) As a part of the application for major conditional use, an applicant shall be
required to submit the following, except for those inappropriate to the proposed
development due to the limited size or scale of the development as determined by
the planning director:
a. An environmental designation survey consisting of:
(i) A plan drawn to a scale of one (1) inch equals twenty (20) feet or less, except
where impractical and the planning director authorizes a smaller scale, and
showing the following:
1. Location of property;
2. Date, approximate north point and graphic scale;
.
3, Acreage within the property;
4. Boundary lines of the property and their bearings and distances;
5. Topography and typical ground cover;
6. General surface characteristics, water areas and drainage patterns;
7, Contours at an interval of not greater than one (1) foot or at lesser intervals if
deemed necessary for review purposes;
8. 100-year flood-prone areas by flood zone;
9. Presently developed and/or already altered areas; and
10, Location of mean high-water line,
(ii) A natural vegetation map and/or a map of unique environmental features
such as:
1. Climax tropical hardwood hammocks;
2. Endangered species habitats;
3, Major wildlife intensive use areas.
(iii) Aerial photographs ofthe property and surrounding area,
(iv) A review of historical and archeological sites by the Florida Division of
Archives, History and Records Management.
(v) A review of unique environmental features such as:
1. Climax tropical hardwood hammocks;
2. Endangered species habitats;
3. Major wildlife intensive use areas.
(vi) Actual acreage of specific vegetation species or other environmental
characteristics,
(vii) General information relating to the property in regard to the potential
impact which development of the site could have on the area's natural
environment and ecology,
(viii) Environmental resources:
1. If shoreline zones were identified, describe in detail any proposed site
alterations in the areas, including vegetation removal, dredging, canals or
channels; identify measures which have been taken to protect the natural,
biological functions of vegetation within this area such as shoreline stabilization,
wildlife and marine habitat, marine productivity and water quality maintenance,
2. If tropical hammock communities or other protected vegetative communities
were identified, describe proposed site alteration in those areas and indicate
measures which were taken to protect intact areas prior to, during and after
construction.
3, Describe plans for vegetation and landscaping of cleared sites including a
completion schedule for such work.
(ix) Environmental resources-wildlife, Describe the wildlife species which nest,
feed or reside on or adjacent to the proposed site.' Specifically identify those
species considered to be threatened or endangered. Indicate measures which will
be taken to protect wildlife and their habitats.
(x) Environmental resources-water quality:
1. Identify any waste water disposal areas, including stormwater runoff, septic
tank drain-fields, impervious surfaces and construction-related runoff; describe
anticipated volume and charaqteristics. Indicate measures taken to minimize the
,
adverse impacts of these potential pollution sources upon the quality of the
receiving waters prior to, during, and after construction; identify the nearshore
water quality; and identify how this development will not adversely impact the
nearshore water quality.
2. Indicate the degree to which any natural drainage patterns have been
incorporated into the drainage system of the project.
b. A community impact statement, including:
(i) General description of proposed development:
1. Provide a general written description of the proposed development; include in
this description the proposed phases of development or operation and facility
utilization, target dates for each of these, and date of completion; in addition,
indicate the site size, developing staging and appropriate descriptive measures
such as quantity and type of residential units, commercial floor area, tourist
accommodation units, seating and parking capacities; for residential development,
indicate the anticipated unit-per-acre density of the completed project;
2. Identify aspects of the project design, such as a clustering, which were
incorporated to reduce public facilities costs and improve the scenic quality of the
development; describe building and siting specifications which were utilized to
reduce hurricane and fire damage potential to comply with federal flood insurance
regulations and the comprehensive land use plan.
(ii) Impact assessment on public facilities and water supply:
1. Identify projected daily potable water demands at the end of each development
phase and specify any consumption rates which have been assumed for the
projection;
2. Provide proof of coordination with the Florida Keys Aqueduct Authority;
assess the present and projected capacity of the water supply system and the
ability of such system to provide adequate water for the proposed development;
3. Describe measures to ensure that water pressure and flow will be adequate for
fire protection for the type of construction proposed,
(iii) Public facilities-wastewater management:
1. Provide proof of coordination with the Florida Department of Health and
Rehabilitative Services;
2, Provide projection of the average flows of wastewater generated by the
development at the end of each development phase; describe proposed treatment
system, method and degree of treatment, quality of effluent, and location of
effluent and sludge disposal areas; identify method and responsibilities for
operation and maintenance of facilities;
3, If public facilities are to be utilized, provide proof of coordination with the
Monroe County Waste Collection and Disposal District; assess the present and
projected capacity of the treatment and transmission facilities and the ability of
such facilities to provide adequate service to the proposed development;
4. If applicable, provide a description of the volume and characteristics of any
industrial or other effluents.
(iv) Public facilities-solid waste:
,
,
1. Identify projected average daily volumes of solid waste generated by the
development at the end of each phase; indicate proposed methods of treatment and
disposal;
2. Provide proof of coordination with Monroe County Municipal Services
District; assess the present and projected capacity of the solid waste treatment and
disposal system and the ability of such facilities to provide adequate services to
the proposed development;
3. Comply with the requirements of section 9,5-426 of this chapter concerning
any applicable traffic study.
(v) Public facilities-transportation:
1. Provide a projection of the expected vehicle trip generation at the completion
of each development phase; describe in terms of external trip generation and
average daily and peak hour traffic;
2. If the project site is adjacent to U.S, 1, describe the measures, such as setbacks
and access limitations, which have been incorporated into the project design to
reduce impacts upon U.S, 1.
(vi) Housing:
1. If the project includes residential development, provide breakdown of the
proposed residential units by price range or rental range and type of unit such as
single-family, duplex, townhouse, etc.;
2, If lots are to be sold without constructed dwelling units, indicate the number
and percentage of such lots and the extent of improvements to be made prior to
sale;
3. Assess the potential of the proposed development to meet local or regional
housing needs; in particular, indicate any measures taken to provide low-and
moderate-income housing.
(vii) Special considerations:
1. Describe the relationship of the proposed development to the comprehensive
land use plan objectives and policies; also indicate relationships [between]
existing or proposed public facilities plans; identify any conflicts;
2. Indicate any relationships of the project to special land use and development
district such as airport noise and hazard zones, solid or liquid waste treatment or
disposal areas;
3. If applicable, assess the impact of the proposed development upon other
adjacent or nearby municipalities or counties.
(viii) The data and information provided in a community impact statement shall
be coordinated with data and other information and/or permits required by local,
regional, state or federal regulatory or reviewing agencies as appropriate to the
major conditional use proposed.
(b) Review by the Development Review Committee: An application for a major
conditional use permit shall be reviewed by the development review committee
within thirty (30) working days after receipt of a complete application . The
development review committee shall give comments to the applicant. responsible
staff and the planning director, Within thirty (30) working days of the meeting or
within thirty working days after any additional information required from the
applicant is furnished. the department shall provide for advertisement of any
t
.
required public hearing by the planning commission. \'Vithin fifteoo (15) vlorking
days after the submission of a complete applioation for a major conditional use
permit, the development reVIO\',' committee shall forward a report and
recommendation on the application for a major conditional use permit to the
plar~-ring commission.
(c) Public Hearing on an Application for a Major Conditional Use Permit: The
planning commission shall hold a public hearing on the application for a major
conditional use permit and shall, within forty five (45) working days of the
submission of a complete application for a major conditional use permit te-the
development review coordinator issue a development order granting, granting
with conditions or denying the application for a major conditional use permit,
within thirty calendar days of the Planning Commission meeting or of the
applicants fulfilling conditions precedent to the development order,
(d) ..Voticc of Grelnt 0.;' a ..\iajor Conditional Use Permit: The director of
planning shall give notice of any development order granting a major conditional
use by sending a written notice to all OVlllers of real property located "vithin thi-ee
hundred (300) feet of the property that is the subject of the major conditional use
permit, and notice of the intent to issue the major conditional approval shall be
published in newspapers of local circulation in the county by advertisement other
than in the legal notice section with the cost to be borne by the applicant. Notice
by the planning director shall be by regular mail '.vithin fifteen (15) days of the
granting of the major conditional use.
fef @Appeal of a Conditional Use Approved by the Planning Commission: The
applicant, an adjacent property owner, or any aggrieved or adversely affected
person, as defined by Florida Statutes section 163.3215(2), or any person who
presented testimony or evidence at the public hearing conducted pursuant to
subsection (c), may request an appeal of the planning commission's major
conditional use decision under the hearing officer appellate article of these
regulations [9 9,5-532 et seq.] by filing the notice required by that article within
thirty (30) days after the publication of notice or sending of the 'Nritten notice by
the county, whiche':er is later. of execution of the written decision of the planning
COffimlSSlOn.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida at a regular meeting held on the 8th day of October, 2008.
Chair Wall
Vice-Chair Cameron
Commissioner Hale
Commissioner Marston Oat.:
Commissioner Windle / /
/ ,1
lJ
Y, FLORIDA
BY } Date: / / -- 1-og
Randolph D. Wal , Chair