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Item J4 J4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: J4 2023-3651 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: Discussion and Direction Regarding Approval Process Timeline for Comprehensive Plan and Land Development Code Text Amendments and Potential Opportunities to Shorten the Minimum Amount of Time Necessary to Complete Such Approvals. ITEM BACKGROUND: At their regular meeting on January 15, 2025, the BOCC requested professional staff to bring back a discussion item regarding Comprehensive Plan amendments and the required approval process timeline, including which steps of the process are required by Florida Statute and which steps are local Monroe County requirements (January 15, 2025, Item R3). During the January discussion, the BOCC indicated that for certain changes to the Comprehensive Plan, such as the amendments the BOCC directed to re- distribute remaining ROGO allocations, timing is an important factor, but the current process requires over a year to complete. Multiple commissioners expressed a desire to be able to implement such amendments in an expeditious manner. Attached is a table showing the required steps and associated timing within the current process for a County-initiated Comprehensive Plan text amendment with a county-wide impact, and for a County- initiated Land Development Code text amendment with a county-wide impact. The basis/citation for each requirement is also included and categorized as a State requirement (BLUE) or a County requirement(RED). The total timeline for a County-initiated Comprehensive Plan text amendment with a county-wide impact is currently a minimum of 10-11 months, plus whatever time is initially necessary for preparation of the amendment. The total timeline for a County-initiated Land Development Code text amendment with a county-wide impact is currently a minimum of 9-12 months, depending on whether it has a corresponding Comprehensive Plan amendment,plus preparation time. 3343 Professional staff have reviewed the steps required to process text amendments, and identified one step that adds a great deal of extra time to the process. In 2016, with the adoption of the Monroe County Year 2030 Comprehensive Plan and associated Land Development Code updates, Policy 1302.1.5 and Section 102-159 were created, which require a Community Meeting at least three (3) months prior to the first public hearing (Planning Commission) for text amendments with a county-wide impact. Policy 1302.1.5 Monroe County shall maintain land development regulations creating a required community meeting to emphasize the importance of citizen participation as early as possible in the planning process. The following shall be considered for inclusion: • Proposals by the County or a private applicant to amend the text of the Land Development Code and/or Comprehensive Plan, with a county-wide impact, shall require a community meeting at least three(3) months prior to any required public hearing. • A private applicant shall pay the cost of the public notice and advertising for the community meeting. • This meeting shall be noticed and advertised by the County at least 10 days before the community meeting, in a newspaper of general circulation. • This meeting shall be facilitated by a representative from the Monroe County Growth Management Division and the applicant shall be present at the meeting. County-initiated text amendments are often discussed by the BOCC at one or more public meetings and direction to proceed with the amendments is frequently given by the commissioners prior to professional staff beginning the amendment process. Therefore, professional staff feels that elimination of the requirement for a Community Meeting for County-initiated text amendments would be a reasonable way to shorten the timeline for amendments the BOCC wishes to process. The intent to give the opportunity for "citizen participation as early as possible in the planning process" is being met in most cases by the early BOCC discussion at public meeting(s). Within the attached tables, professional staff has provided a hypothetical timeline for both a Comprehensive Plan and Land Development Code text amendment based on actual meeting dates in 2025. The final column in each table shows how the timeline would be approximately 2-3 months shorter if the Community Meeting requirement were eliminated for county initiated amendments. Note: Text amendments that are site-specific, affecting a distinct and limited area of land within the county, have slightly different requirements for processing, which are not included in the tables. Map amendments and development approval applications also have slightly different requirements, including a Community Meeting 45-120 days prior to the first public hearing, and are not included in the tables. PREVIOUS RELEVANT BOCC ACTION: April 13, 2016 - BOCC adopted Ordinance No. 005-2016 and 006-2016, adopting the Monroe County Year 2030 Comprehensive Plan and associated amendments to the Land Development Code. These ordinances established the Community Meeting requirements for the first time. January 15, 2025 - BOCC requested professional staff bring back a discussion item regarding 3344 Comprehensive Plan text amendment timelines, indicating State vs County requirements, for consideration of changes that may expedite the process. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Professional staff request direction on whether the BOCC would like to eliminate or adjust any of the County-required steps in the current process for text amendments, including but not limited to the requirement for a Community Meeting for County-initiated text amendments. 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I wanted to be sure you received a copy of this email from Stuart Schaffer regarding Agenda Item J-4, for the record. Sincerely, Sue Burke Executive Assistant to Jim Scholl Mayor Monroe County District 3 530 Whitehead Street, Suite 102 Key West, FL 33040 305-292-3430 (Office) 850-341-5041 (Cell) Courier Stop: CLK - Stop #8 Burke-Sue@MonroeCounty-FL.Gov www.monroecounty-fl.gov �A'al k7lF Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: Stuart<sfschaffer@gmail.com> Sent:Tuesday, February 18, 2025 8:51 AM To: Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS2<boccdis2@monroecounty-fl.gov>; BOCCDIS3 <BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5 <BOCCDIS5@ Mon roeCounty-FL.Gov> Cc: Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@ Mon roeCounty- FL.Gov> Subject: SSPOA Comments on BOCC Agenda Item J4 1 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Mayor Scholl and County Commissioners: This letter contains comments of the Sugarloaf Shores Property Owners Association (SSPOA) on Agenda Item J4 for this week's BOCC meeting. That item is for discussion and direction regarding streamlining the timeline for processing County-initiated amendments to the County's Comprehensive Plan and Land Development Code. Staff is proposing elimination of Community Meetings and is claiming this change would shave 2-3 months off the approval process. SSPOA opposes staff's recommendation for the reasons discussed below. Benefits of Community Meetings. Community Meetings are a valuable step in the approval process for text amendments because they provide the most meaningful opportunity for public input into a proposed amendment. Community Meetings are widely publicly noticed well ahead of the meeting date. They allow for more informal interaction between staff and the public regarding proposed amendments - questions are answered and follow-up questions are allowed and addressed; brainstorming can occur. In our experience, comments on the language of proposed text amendments are taken into account and addressed by staff much more fulsomely following Community Meetings than at any other stage in the approval process. Public comments during discussion and direction at BOCC Meetings are not a sufficient substitute for Community Meetings. In recent times, agendas for BOCC meetings are being posted on the County website approximately 6 days before the meeting, which gives the public very short notice of a new proposal. At this step, the public does not have an opportunity to provide comments on the actual language of the amendment, as the discussion and direction usually addresses a mere concept. And at a BOCC meeting, public comments are subject to time limits and do not allow for an interactive dialogue. Eliminating Community Meetings will not shave 2-3 months off the process. We dispute staff's claim that eliminating Community Meetings will shorten the approval process for text amendments by 2-3 months because, in that case, staff will need more time to react to and take into account public comments at Development Review Committee meetings, which would become the first opportunity for the public to comment on the actual language of a text amendment. A possible alternative approach. An alternative that would shorten the process without eliminating the step that currently provides the most meaningful opportunity for public input into a text amendment would be to reduce from 3 months to 2 months the minimum period between the Community Meeting and the Planning Commission meeting. Respectfully submitted: Stuart Schaffer, on behalf of the Sugarloaf Shores Property Owners Association 2 3