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HomeMy WebLinkAboutItem R6 R6 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 August 20, 2025 Agenda Item Number: R6 2023-4358 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting, to the State Land Planning Agency, an Ordinance by the Monroe County Board of County Commissioners Amending Policy 1302.1.4 and Policy 1302.1.5 of the Monroe County Year 2030 Comprehensive Plan to Amend the Requirement for a Community Meeting, as Requested by the Board at the Regular February 19, 2025, BOCC Meeting. ITEM BACKGROUND: At its February 19, 2025, regular public meeting, the Monroe County Board of County Commissioners (`BOCC" or "Board") directed Planning and Environmental Resources Department professional staff ("staff') to process an amendment to the Monroe County Year 2030 Comprehensive Plan to help reduce the processing timeline of text amendments to the County's Land Development Code("Code" or "LDC") and Comprehensive Plan, map amendments, and certain development applications that require a community meeting. The subject processing timeline(s) is/are reduced by requiring community meetings to be held prior to these applications being considered by the Development Review Committee ("DRC")rather than a defined time period before the first required public hearing. The amendment also clarifies that meetings can be held in-person or by electronic means ("Communications Media Technology" or"CMT"). * Please refer to attached Staff Report for full analysis and background* PREVIOUS RELEVANT BOCC ACTION: April 13, 2016: BOCC adopted Ordinance Nos. 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 Planning and Environmental Resources Department professional staff to bring back a discussion item regarding Comprehensive Plan text amendment timelines, indicating State versus County requirements, for consideration of changes that may expedite the subject process(es). 5100 February 19, 2025: BOCC discussion-and-direction item to address and possibly reduce process timeline(s) for Comprehensive Year 2030 Plan and Land Development Code text amendments and potential opportunities to shorten the minimum amount of time necessary to complete such amendments. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2025.03 7.Ordinance.docx 2025.037.SR.BOCC.8.20.25.pdf Transmittal—Resolution.pdf FINANCIAL IMPACT: N/A 5101 1 EXHIBIT A TO RES. NO. -2025 r 2 4S` °k a 5 � 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2025 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 13 COMMISSIONERS (`BOCC") AMENDING POLICY 1302.1.4 AND 14 POLICY 1302.1.5 OF THE MONROE COUNTY YEAR 2030 15 COMPREHENSIVE PLAN TO AMEND THE REQUIREMENT(S) FOR 16 A COMMUNITY MEETING,AS REQUESTED BY THE BOCC AT ITS 17 FEBRUARY 19, 2025, REGULAR PUBLIC MEETING; PROVIDING 18 FOR SEVERABILITY; PROVIDING FOR REPEAL OF 19 CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO 20 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 21 STATE; PROVIDING FOR AMENDMENT TO AND 22 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE 23 PLAN; PROVIDING FOR AN EFFECTIVE DATE.' 24 25 26 WHEREAS, at its February 19, 2025, regular public meeting,the Monroe County Board 27 of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") directed 28 professional staff to process an amendment to the Monroe County 2030 Comprehensive Plan to 29 amend Policies 1302.1.4 and 1302.1.5, to eliminate the required timeframe between community 30 meetings and the first required public hearing for text and map amendments and certain 31 development application and development agreements; and 32 33 WHEREAS, on April 21, 2025, County professional staff held a community meeting, as 34 required by Monroe County Land Development Code ("LDC" or"Code") Section 102-159(b), to 35 discuss the proposed text amendment to the Monroe County 2030 Comprehensive Plan; and 36 37 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and 38 considered the proposed amendment at a regularly scheduled public meeting held on May 27, 39 2025; and 40 41 WHEREAS, on May 29, 2025, the DRC Chair signed Resolution No. DRC 11-25 42 recommending approval of the proposed text amendment; and 43 ' Monroe County Planning and Environmental Resources Department File No. 2025-037. See BOCC Agenda Item J4. of the Board's regular February 19th,2025,public meeting agenda. 1 of 5 5102 I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 2 public hearing on the 22 d day of July 2025, for review and recommendation on the proposed 3 Comprehensive Plan text amendment; and 4 5 WHEREAS, based upon the information and documentation submitted, the Planning 6 Commission made the following findings of fact and conclusions of law: 7 8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 9 Monroe County Year 2030 Comprehensive Plan; and 10 2. The proposed amendment is consistent with the Principles for Guiding Development 11 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 12 Statutes; and 13 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes; 14 15 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-25 16 recommending to the Monroe County Board of County Commissioners approval of the proposed 17 amendment; and 18 19 WHEREAS,at a regular meeting held on the 201h day of August 2025,the Monroe County 20 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 21 text amendment, considered the staff report and provided public comment and public participation 22 in accordance with the requirements of state law and the procedures adopted for public 23 participation in the planning process; and 24 25 WHEREAS,at the 201h of August 2025 public hearing,the BOCC considered the proposed 26 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 27 Agency; and 28 29 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 30 Objections, Recommendations and Comments (ORC)report on received by the 31 County on ; and 32 33 WHEREAS, the ORC report <did/did not> identify any objections,recommendations, or 34 comments; and 35 36 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 37 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 38 39 WHEREAS, at a regularly scheduled meeting on the day of the 40 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text 41 amendment; 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 44 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 45 2 of 5 5103 I Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact, statements 2 of legislative intent, and conclusions of law are true and correct and are hereby 3 incorporated as if fully stated herein. 4 5 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows 6 (Deletions are shown stt:i e *4oug ; additions are shown underlined): 7 8 Policy 1302.1.4 9 Monroe County shall maintain land development regulations creating a required community 10 meeting to emphasize the importance of citizen participation as early as possible in the planning 11 and development review process. The following shall be considered for inclusion: 12 • Applicants requesting a Major Conditional Use permit, development agreement, 13 Land Use District (Zoning) Map amendment, Land Use District (Zoning) Map 14 Overlay amendment, or Future Land Use Map amendment shall provide for 15 community participation. 16 • Betweeti 45 atid 120 days.pPrior to the Development Review Committee meeting 17 required for certain applications or amendments, any tvgt;,.oa publ e heat:i ko.' a 18 community meeting shall be held at a location close to the project site o, r by 19 electronic means. 20 • This meeting shall be noticed to surrounding property owners and advertised by the 21 applicant at least 40 15 days before the community meeting, in a newspaper of 22 general circulation. 23 • The applicant shall pay the cost of the public notice and advertising for the 24 community meeting. 25 • This meeting shall be facilitated by a representative from the Monroe County 26 Gt:owt Ma*agement Division Planning and Environmental Resources Department 27 and the applicant shall be present at the meeting. 28 Policy 1302.1.5 29 Monroe County shall maintain land development regulations creating a required community 30 meeting to emphasize the importance of citizen participation as early as possible in the planning 31 process. The following shall be considered for inclusion: 32 • Proposals by the County or a private applicant to amend the text of the Land 33 Development Code and/or Comprehensive Plan, with a county-wide impact, shall 34 require a community meeting prior to 35 heafing the review of the amendment by the Development Review Committee. 36 • A private applicant shall pay the cost of the public notice and advertising for the 37 community meeting. 38 • This meeting shall be noticed and advertised by the County at least 4-9 15 days 39 before the community meeting, in a newspaper of general circulation. 40 • This meeting shall be facilitated by a representative from the Monroe County 41 Gfewth Matiageffietit P44sieft Planning and Environmental Resources Department 42 and the applicant shall be present at the meeting. 3 of 5 5104 2 3 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or 4 ambiguities, within this Ordinance or between this Ordinance and the 5 Monroe County Code of Ordinances, Florida Building Code, Monroe 6 County Land Development Code, floodplain management regulations, 7 Comprehensive Plan, or any other approval of the Monroe County Board of 8 County Commissioners, Monroe County Planning Commission, Monroe 9 County Planning and Environmental Resources Department, or other 10 department or office of Monroe County,the rule,regulation, law,provision, 11 and/or text more restrictive shall always apply and control. 12 13 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions 14 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe 15 County Codes, Florida Statutes, and floodplain management regulations whose 16 interpretation arise out of, relate to, or are interpreted in connection with this 17 Ordinance, shall be liberally construed and enforced in favor of Monroe County, 18 and such interpretation shall be entitled to great weight in adversarial administrative 19 proceedings, at trial, in bankruptcy, and on appeal. 20 21 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 22 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 23 or unenforceable in or by any administrative hearing officer or court of competent 24 jurisdiction, the invalidity or unenforceability of such provision, or any part or 25 portion thereof, shall neither limit nor impair the operation, enforceability, or 26 validity of any other provision of this Ordinance, or any remaining part(s) and/or 27 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 28 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 29 30 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance 31 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 32 shall not repeal the repealing clause of such ordinance or revive any ordinance 33 which has been repealed thereby. 34 35 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to 36 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes. 37 38 Section 8. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the 39 Secretary of the State of Florida but shall not become effective until a notice is 40 issued by the State Land Planning Agency or Administration Commission finding 41 the amendment in compliance with Chapter 163, Florida Statutes, and after any 42 applicable challenges have been resolved. 43 44 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 45 in the Monroe County Comprehensive Plan. The numbering of the foregoing 4 of 5 5105 I amendment may be renumbered to conform to the numbering in the Monroe County 2 Comprehensive Plan. 3 4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 5 Florida, at a regular meeting held on the day of , 6 7 Mayor James K. Scholl, District 3 8 Mayor Pro Tem Michelle Lincoln, District 2 9 Commissioner Craig Cates, District 1 10 Commissioner David Rice, District 4 11 Commissioner Holly Merrill Raschein, District 5 12 13 BOARD OF COUNTY COMMISSIONERS 14 OF MONROE COUNTY, FLORIDA 15 16 BY: 17 MAYOR JAMES K. SCHOLL 18 19 (SEAL) 20 21 ATTEST: KEVIN MADOK, CLERK 22 23 24 AS DEPUTY CLERK 5 of 5 5106 3 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Devin Tolpin, A.LC.P.,i C.F.M.,2 Senior Director 12 Monroe County Planning and Environmental Resources Department 13 14 From: Barbara Powell, Planning Policy Advisor 15 Monroe County Planning and Environmental Resources Department 16 17 Date: July 24, 2025 18 19 Subject: A Public Hearing to Consider Approval of a Resolution Transmitting, to the State Land 20 Planning Agency, an Ordinance by the Monroe County Board of County Commissioners 21 ("Board" or "BOCC") Amending Policy 1302.1.4 and Policy 1302.1.5 of the Monroe 22 County Year 2030 Comprehensive Plan to Amend the Requirement for a Community 23 Meeting, as Requested by the Board at the Regular February 19, 2025, BOCC Meeting3 24 25 Meeting: August 20, 2025 26 27 28 I. REQUEST: 29 30 On February 19, 2025, at its regular public meeting, the Monroe County Board of County 31 Commissioners ("BOCC") directed Planning and Environmental Resources Department professional 32 staff("staff')to process an amendment to the Monroe County 2030 Comprehensive Plan to help reduce 33 the processing timeline of text amendments to the County's Land Development Code ("Code" or 34 "LDC") and Comprehensive Plan, map amendments, and certain development applications that require 35 a community meeting. The processing timeline is reduced by requiring community meetings to be held 36 prior to these applications being considered by the Development Review Committee ("DRC") rather 37 than a defined time period before the first required public hearing. The amendment also clarifies that 38 meetings can be held in-person or by electronic means ("Communications Media Technology" or 39 "CMT"). 40 41 Concurrent Application: 42 Planning and Environmental Resources Department File No. 2025-038: A proposed amendment to the 43 Code amending LDC Section 102-158, LDC Section 102-159, LDC Section 110-3, and LDC Section 44 110-70 to reduce the processing timeline and to clarify that community meetings can be held in-person 45 and by electronic means. 46 'American Institute of Certified Planners("A.I.C.P.")—Certification. 2 Association of State Floodplain Managers("A.S.F.M.")—Certified Floodplain Manager("C.F.M."). 3 See BOCC Agenda Item J4. of the Board's regular February 191,2025,public meeting agenda. BOCC SR 08.20.2025 Page 1 of 7 Planning and Environmental Resources Department File No. 2025-037 5107 1 2 II. BACKGROUND INFORMATION: 3 4 Community Meeting and Public Participation: A Community Meeting was held on April 21, 2025, 5 concerning the proposed amendment, in accordance with LDC Section 102-159(b). There were no 6 comments from the public. However, staff received written comments requesting clarification regarding 7 the BOCC direction given to staff during the February 19, 2025, regular commission meeting. Public 8 comment can be found in the file. 9 10 Development Review Committee Meeting and Public Input: On May 27, 2025, the DRC considered 11 the proposed amendment and provided for public input. On May 29, 2025, the Chair of the DRC signed 12 Resolution No. DRC 11-25, recommending approval of the proposed text amendment. 13 14 Planning Commission Meeting and Public Input: On July 22, 2025, the Planning Commission 15 considered the proposed amendment, provided for public input and recommended approval of the 16 proposed text amendment through Resolution No. P20-25. 17 18 Previous Relevant BOCC Action(s): 19 April 13, 2016: BOCC adopted Ordinance Nos. 005-20164 and 006-20165, adopting the Monroe County 20 Year 2030 Comprehensive Plan and associated amendments to the Land Development Code. These 21 ordinances established the Community Meeting requirements for the first time. 22 23 January 15, 2025: BOCC requested Planning and Environmental Resources Department professional 24 staff bring back a discussion item regarding Comprehensive Plan text amendment timelines, indicating 25 State versus County requirements, for consideration of changes that may expedite the process. 26 27 February 19, 2025: BOCC discussion item to address and possibly reduce process timeline for 28 Comprehensive Plan and Land Development Code text amendments and potential opportunities to 29 shorten the minimum amount of time necessary to complete such amendments. 30 31 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT: 32 Proposed amendments are shown as follows: additions are set forth below in rvd urr��iefluti and deletions 33 are set forth in 34 ***** 35 36 Policy 1302.1.4 37 Monroe County shall maintain land development regulations creating a required community meeting 38 to emphasize the importance of citizen participation as early as possible in the planning and 39 development review process. The following shall be considered for inclusion: 40 • Applicants requesting a Major Conditional Use permit, development agreement, Land 41 Use District (Zoning) Map amendment, Land Use District (Zoning) Map Overlay 42 amendment, or Future Land Use Map amendment shall provide for community 43 participation. 44 d pPrior to the I)e ek�pn]u!!i �Yr ew Conlnlutt�c 45 tv t�rvd d°m ��ru� n �� p�Vucatuoti or anietidnietit , Ef .t, � ������ ° � � ���� ....heafi� ��;(r������.,. a 4 See BOCC Agenda Item B.1.of the Board's special April 13,2016,public meeting agenda. 'See BOCC Agenda Item B.2.of the Board's special April 13,2016,public meeting agenda. 6 See BOCC Agenda Item J4. of the Board's regular February 19',2025,public meeting agenda. BOCC SR 08.20.2025 Page 2 of 7 Planning and Environmental Resources Department File No.2025-037 5108 I community meeting shall be held at a location close to the project site, or by � !!�og 2 ni eerie, ................................ 3 • This meeting shall be noticed to surrounding property owners and advertised by the 4 applicant at least..1..0 15 days before the community meeting, in a newspaper of general 5 circulation. 6 • The applicant shall pay the cost of the public notice and advertising for the community 7 meeting. 8 • This meeting shall be facilitated by a representative from the Monroe County ff—ewdi 9 Nfiin gemuient D�vis on Ha itiPt g �nl 1Cn1rurotinietita esotirces I e artaient and the 10 applicant shall be present at the meeting. 11 Policy 1302.1.5 12 Monroe County shall maintain land development regulations creating a required community meeting 13 to emphasize the importance of citizen participation as early as possible in the planning process. The 14 following shall be considered for inclusion: 15 • Proposals by the County or a private applicant to amend the text of the Land Development 16 Code and/or Comprehensive Plan,with a county-wide impact, shall require a community 17 meeting Elt,...Veastdifee 0) fflefiths, prior to afiy r�egt-1 ed....ptfb ie �����a� g t➢�e..!vvv ew ol,the 18 a etid ent b he 1 eveVo)nletit e�iew C� nlnlu ttee. 19 • A.........private applicant pplicant shall pay the cost of the public notice and advertising for the 20 community meeting. 21 • This meeting shall be noticed and advertised by the County at least 10 15 days before the 22 community meeting, in a newspaper of general circulation. 23 • This meeting shall be facilitated by a representative from the Monroe County ff-owdi. 24 a ° and the. g��et �.� ��c u �. . ��rr�rr�urr�g ��rri� rr��;u���rr�u�rugrr�t�� .. e ��a��ce I e ���t:.. � .err� 25 applicant shall be present at the meeting. 26 27 28 IV. ANALYSIS OF PROPOSED AMENDMENT: 29 30 Rather than tying community meetings to a timeline that varies from 45 days to three months prior to 31 the first required public hearing, the proposed amendment streamlines the processing timeline of 32 applications which require a community meeting, by amending the Comprehensive Plan to require said 33 community meetings be held prior to consideration of the application by the Development Review 34 Committee. The first public hearing in the approval process for the affected application types is the 35 Planning Commission Meeting. 36 37 The notice and advertising time was extended from 10 to 15 days to address an inconsistency with the 38 Land Development Code. 39 40 Additionally, based on Planning and Environmental Resources Department records, the majority of the 41 Community Meetings are being held via CMT, through Zoom. Therefore, professional staff also 42 recommends that this text amendment clarifies that meetings can be held in-person or by electronic 43 means. 44 45 BOCC SR 08.20.2025 Page 3 of 7 Planning and Environmental Resources Department File No.2025-037 5109 I V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES: 3 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 4 County 2030 Comprehensive Plan. Specifically,it furthers: 5 5.0 -PUBLIC PARTICIPATION AND COMMENT 6 These public participation procedures are developed to meet the requirements of Chapter 163.3181, 7 Florida Statutes, as amended. This section of State law requires adoption of public participation 8 procedures designed to provide effective public participation in the comprehensive planning process 9 and providing real property owners with notice of all official actions that will regulate the use of their 10 property. The following public participation procedures, in addition to any other procedures required 11 by statute, may be followed when an amendment to the Comprehensive Plan (the Plan) is proposed: 12 • Assure advertisements are placed in local newspapers and other media in accordance with State 13 law; 14 • Provide flyers at the Government Centers and other prominent public locations; 15 • Provide sign-up sheets at meetings to create a database of meeting attendees for future email 16 communication; 17 • Provide opportunities for written comments from citizens and other interested parties; 18 • Prepare newspaper articles and press releases; 19 • Post information through social media; 20 • Assure draft documents are made available at the Government Centers and on the County 21 website; 22 • Post applications on the County website; and 23 • Facilitate public meetings to discuss Plan amendments. 24 B. The Amendment is Consistent with the Principles for Guiding Development in the Florida Keys 25 Area of Critical State Concern, Section 380.0552(7), Florida Statutes. 26 27 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 28 principles for guiding development and any amendments to the principles, the principles shall be 29 construed as a whole and no specific provision shall be construed or applied in isolation from the other 30 provisions. 31 32 (a) Strengthening local government capabilities for managing land use and development so that local 33 government is able to achieve these objectives without continuing the area of critical state 34 concern designation. 35 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 36 beds, wetlands, fish and wildlife, and their habitat. 37 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 38 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, 39 wildlife, and their habitat. 40 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 41 development. 42 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 43 Keys. BOCC SR 08.20.2025 Page 4 of 7 Planning and Environmental Resources Department File No.2025-037 5110 I (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, 2 and ensuring that development is compatible with the unique historic character of the Florida 3 Keys. 4 (g) Protecting the historical heritage of the Florida Keys. 5 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 6 major public investments, including: 7 1. The Florida Keys Aqueduct and water supply facilities; 8 2. Sewage collection, treatment, and disposal facilities; 9 3. Solid waste treatment, collection, and disposal facilities; 10 4. Key West Naval Air Station and other military facilities; 11 5. Transportation facilities; 12 6. Federal parks, wildlife refuges, and marine sanctuaries; 13 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 14 8. City electric service and the Florida Keys Electric Co-op; and 15 9. Other utilities, as appropriate. 16 (i) Protecting and improving water quality by providing for the construction, operation, 17 maintenance, and replacement of stormwater management facilities; central sewage collection; 18 treatment and disposal facilities; and the installation and proper operation and maintenance of 19 onsite sewage treatment and disposal systems. 20 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 21 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 22 403.086(10), as applicable, and by directing growth to areas served by central wastewater 23 treatment facilities through permit allocation systems. 24 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 25 Keys. 26 (1) Making available adequate affordable housing for all sectors of the population of the Florida 27 Keys. 28 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 29 natural or manmade disaster and for a post disaster reconstruction plan. 30 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 31 maintaining the Florida Keys as a unique Florida resource. 32 33 Pursuant to Section 380.0552(7), Florida Statutes, the proposed amendment is not inconsistent with the 34 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 35 36 C. The Proposed Amendment is Consistent with the Part II of Chapter 163, Florida Statutes 37 ("F.S."). Specifically, the Amendment Furthers: 38 39 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and 40 enhance present advantages; encourage the most appropriate use of land, water, and resources, 41 consistent with the public interest; overcome present handicaps; and deal effectively with future 42 problems that may result from the use and development of land within their jurisdictions. Through 43 the process of comprehensive planning, it is intended that units of local government can preserve, 44 promote, protect, and improve the public health, safety, comfort, good order, appearance, 45 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 46 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities, housing, 47 and other requirements and services; and conserve, develop, utilize, and protect natural resources 48 within their jurisdictions. 49 BOCC SR 08.20.2025 Page 5 of 7 Planning and Environmental Resources Department File No.2025-037 5111 1 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal 2 status set out in this act and that no public or private development shall be permitted except in 3 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in 4 conformity with this act. 5 6 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and 7 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 8 development of the area that reflects community commitments to implement the plan and its 9 elements. These principles and strategies shall guide future decisions in a consistent manner and 10 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 11 of the comprehensive plan containing the principles and strategies, generally provided as goals, 12 objectives, and policies, shall describe how the local government's programs, activities, and land 13 development regulations will be initiated, modified, or continued to implement the comprehensive 14 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 15 regulations in the comprehensive plan but rather to require identification of those programs, 16 activities, and land development regulations that will be part of the strategy for implementing the 17 comprehensive plan and the principles that describe how the programs, activities, and land 18 development regulations will be carried out. The plan shall establish meaningful and predictable 19 standards for the use and development of land and provide meaningful guidelines for the content of 20 more detailed land development and use regulations. 21 22 163.3181, F.S.: Public participation in the comprehensive planning process; intent; alternative 23 dispute resolution. 24 (1) It is the intent of the Legislature that the public participate in the comprehensive planning 25 process to the fullest extent possible. Towards this end, local planning agencies and local 26 governmental units are directed to adopt procedures designed to provide effective public 27 participation in the comprehensive planning process and to provide real property owners with 28 notice of all official actions which will regulate the use of their property. The provisions and 29 procedures required in this act are set out as the minimum requirements towards this end. 30 (2) During consideration of the proposed plan or amendments thereto by the local planning 31 agency or by the local governing body, the procedures shall provide for broad dissemination 32 of the proposals and alternatives, opportunity for written comments, public hearings as 33 provided herein, provisions for open discussion, communications programs, information 34 services, and consideration of and response to public comments. 35 36 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory 37 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be 38 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 39 development of lands and waters within an area. It is the intent of this act that the adoption and 40 enforcement by a governing body of regulations for the development of land or the adoption and 41 enforcement by a governing body of a land development code for an area shall be based on,be related 42 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 43 44 VI. PROCESS: 45 46 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the 47 Planning Commission, the Director of Planning, or the owner or other person having a contractual 48 interest in property to be affected by a proposed amendment. The Director of Planning shall review and BOCC SR 08.20.2025 Page 6 of 7 Planning and Environmental Resources Department File No.2025-037 5112 I process applications as they are received and pass them onto the Development Review Committee and 2 the Planning Commission. 3 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 4 the application, the reports and recommendations of the Department of Planning & Environmental 5 Resources and the Development Review Committee and the testimony given at the public hearing. The 6 Planning Commission shall submit its recommendations and findings to the Board of County 7 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 8 comprehensive plan amendment, and considers the staff report,staff recommendation, and the testimony 9 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land 10 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews 11 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt 12 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with 13 changes or not adopt the amendment. 14 15 VIL PROFESSIONAL STAFF RECOMMENDATION: 16 17 Professional staff recommends approval of the proposed amendments to Monroe County Comprehensive 18 Plan Policies 1302.1.4 and 1302.1.5, amending the requirement for a community meeting. 19 20 VIII.EXHIBITS 21 22 1. Transmittal Resolution 23 2. Draft Ordinance 24 BOCC SR 08.20.2025 Page 7 of 7 Planning and Environmental Resources Department File No.2025-037 5113 2 � r 3 r� 5 7 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 10 RESOLUTION NO. -2025 11 12 A RESOLUTION TRANSMITTING, TO THE STATE LAND PLANNING 13 AGENCY, AN ORDINANCE BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS (`BOCC" OR "BOARD") AMENDING 15 POLICY 1302.1.4 AND POLICY 1302.1.5 OF THE MONROE COUNTY 16 YEAR 2030 COMPREHENSIVE PLAN TO AMEND THE 17 REQUIREMENT(S) FOR A COMMUNITY MEETING, AS REQUESTED 18 BY THE BOCC AT ITS FEBRUARY 19, 2025, REGULAR PUBLIC 19 MEETING'; PROVIDING FOR SEVERABILITY; PROVIDING FOR 20 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 22 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND 23 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE 24 PLAN; PROVIDING FOR AN EFFECTIVE DATE. 25 26 27 WHEREAS,the Monroe County Board of County Commissioners ("BOCC" or"Board") 28 conducted a public hearing for the purpose of considering transmittal, pursuant to the State 29 Coordinated Review Process enumerated at Section 163.3184(4), Florida Statutes, to the State 30 Land Planning Agency for objections, recommendations and comments, and to the other 31 Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes, for review and 32 comment on a proposed amendment to the Monroe County Comprehensive Plan, as described 33 above; and 34 35 WHEREAS,the Monroe County Board of County Commissioners support the transmittal 36 of the proposed text amendment to the Monroe County 2030 Comprehensive Plan; 37 38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 40 41 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true 42 and correct and are hereby incorporated as if fully stated herein. 43 See BOCC Agenda Item J4.of the Board's regular February 191,2025,public meeting agenda. z Monroe County Planning and Environmental Resources Department File No.2025-037. Resolution -2025 Page 1 of 3 BOCC Transmittal:File 2025-037 5114 44 Section 2. The analysis, findings of fact, and conclusions of law in the July 24, 2025-dated 45 Monroe County Planning and Environmental Resources Department 46 ("Department") professional staff report accompanying this BOCC agenda item, 47 prepared from Department Policy Planning Advisor Barbara Powell and through 48 Senior Director Devin Tolpin, A.LC.P.3, CT M.'4 is/are adopted as the BOCC's 49 own analysis, findings of fact, and conclusions of law, and the BOCC hereby 50 incorporates said professional staff report as if fully set forth herein. 51 52 Section 3. The Board of County Commissioners does hereby approve the transmittal of the 53 draft Ordinance, attached as Exhibit A. and, for review of the proposed 54 Comprehensive Plan Text amendment. 55 56 Section 4. The Monroe County Board of County Commissioners does hereby transmit the 57 proposed amendment to the State Land Planning Agency for review and comment 58 in accordance with the State Coordinated Review process pursuant to Section 59 163.3184(4), Florida Statutes. 60 61 Section 5. Monroe County professional staff is/are authorized to prepare and submit the 62 required transmittal letter and supporting documents for the proposed amendment 63 in accordance with the requirements of Section 163.3184(4), Florida Statutes. 64 65 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 66 any provision of this Resolution, or part or any portion thereof, is held to be invalid 67 or unenforceable in or by any administrative hearing officer or court of competent 68 jurisdiction, the invalidity or unenforceability of such provision, or any part or 69 portion thereof, shall neither limit nor impair the operation, enforceability, or 70 validity of any other provision of this Resolution, or any remaining part(s) and/or 71 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) 72 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 73 74 Section 7. Effectiveness. This Resolution shall take effect as provided by law. 75 76 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this 77 Resolution to the Director of Planning. 78 79 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 80 Florida, at a regular meeting held on the 201h day of August, 2025. 81 82 Mayor James K. Scholl, District 3 83 Mayor Pro Tem Michelle Lincoln, District 2 84 Commissioner Craig Cates, District 1 85 Commissioner David Rice, District 4 86 Commissioner Holly Merrill Raschein, District 5 87 3 American Institute of Certified Planners("A.LC.P.")—Certification. 4 Association of State Floodplain Managers("A.S.F.M.")—Certified Floodplain Manager("C.F.M."). Resolution -2025 Page 2 of 3 BOCC Transmittal:File 2025-037 5115 88 BOARD OF COUNTY COMMISSIONERS 89 OF MONROE COUNTY, FLORIDA 90 91 By: 92 MAYOR JAMES K. SCHOLL 93 MONROE CO `(ATTORNEY 94 (SEAL) f0 TO FARM 95 .w _.... 96 ATTEST: KEVIN MADOK, CLERK _ - .. PETER M ORRIS 97 ASSISTANT COUNTY ATTORNEY 98Date: 99 DEPUTY CLERK Resolution -2025 Page 3 of 3 BOCC Transmittal:File 2025-037 5116 SEROTA John J. Quick, Partner jquickC&wsh-Law.corn July 23, 2025 VIA E-Mail(shillinger-bob@monroecounty-fl.gov) Robert B. Shillinger, Esq. Monroe County Attorney Monroe County Board of County Commissioners 1111 12 th Street, Suite 408 Key West, Florida 33040 RE: Addendum to Article 3 of the Professional Services Agreement Dear Mr. Shillinger: In accordance with our email communications on July 21,2025,Monroe County and Weiss Serota Helfman Cole & Bierman, P.L. hereby amend Article 3 of the Professional Services Agreement ("Agreement"), dated January 3, 2025, as follows. In all matters related to appellate cases, the attorneys expected to have primary responsibility are Edward G. Guedes, John J. Quick, Richard B. Rosengarten at a rate of $500.00 per hour, and Blayne Yudis at a rate of$400.00 per hour. Please countersign this Addendum to the Professional Services Agreement to indicate your assent on behalf of Monroe County. Very truly yours, WEISS SEROTA HELFMAN CO LS P.L. .000 John J. Quick 5117 Robert B. Shillinger, Esq. Addendum to Article 3, Professional Services Agreement July 22,2025 Page 2 of 2 AGREED AND ACCEPTED on this day of 2025, and approved as to form and legal sufficiency by: Robert B. Shillinger,Esq. County Attorney For Monroe County Board of County Commissioners Subject to Ratification by the Monroe County Board Of County Commissioners MIAMI I FT. LAUDERDALE I BOCA RATON I GAINESVILLE I WSH-LAW.COM 5118 Liz Yongue From: Burke-Sue <Burke-Sue@MonroeCounty-FL.Gov> Sent: Wednesday, August 20, 2025 11:18 AM To: Liz Yongue Subject: Email for the Record - FW: Comments on Proposed Amendments to Accelerate County Meeting Schedules Morning, Liz, Please see the following letter for 20 August, 2025 BOCC Meeting 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 k7l F 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: Friday, August 15, 2025 4:11 PM 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: Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>; Schemper-Emily<Schemper-Emily@MonroeCounty- FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>; Morris-Peter<Morris-Peter@ Mon roeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov> Subject: Comments on Proposed Amendments to Accelerate County Meeting Schedules III CAUTION 1 Dear Mayor Scholl and County Commissioners: Below are my comments on the proposed amendments to the County Comp Plan which would accelerate the County meeting schedules for all proposals that require a community meeting. These proposed amendments are in item R6 of the agenda for the August 20 BOCC meeting. I hereby request that these amendments be limited to County-initiated proposals for text amendments to the Comp Plan and the Land Development Code. During the recent County process considering a request for new ROGOs from the state, several of you raised concerns about how long it will take to complete the adoption of the ROGO amendments into County law. This led you to put on the agenda for the February 25 BOCC meeting the following item: "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." The background materials for the February BOCC agenda item referred only to "County-initiated text amendments," specifically County-initiated Comprehensive Plan text amendments with a county-wide impact and County-initiated Land Development Code text amendments with a county-wide impact. The background materials indicated that staff was seeking direction on eliminating or adjusting the approval process for such County-initiated amendments, including whether to eliminate the requirement for a community meeting. I sent comments on this agenda item to all of you by email on February 18 askingyou not to eliminate community meetings for these amendments and suggesting instead that the approval process could be accelerated by reducing the times between meeting dates. Later that day, I received an email reply from Commissioner Lincoln, which you can read below. Among other things, Commissioner Lincoln said that this proposal"would only be for County initiated amendments, these are predominantly amendments that have been discussed at our BOCC meetingthat are on our agenda for community input." She further said: "We will not be eliminating Community Meetings for outside amendment requests." The staff report given at the February BOCC meeting by Emily Schemper was focused on the proposal to eliminate community meetings. After Emily's report, I made public comments. After the public comment period was closed, Emily told you she is on board with my request to retain community meetings and my suggestion to shorten the period between meetings, but she also asked that the proposal be expanded to cover not only County-initiated text amendments, but all proposals that require a community meeting. Emily said it would make it easier for staff if the timing of the approval process was the same for all proposals. The BOCC directed staff to draft the amendments Emily had requested. So, the proposed amendments before you would accelerate the approval process for requests by private applicants for text amendments, map amendments, and major conditional use permits as well as for County-initiated amendments. 1. Are These Proposed Amendments Even Legal? 2 Section 28 of newly enacted SB 180 prohibits Monroe County from adopting or proposing"more restrictive or burdensome" amendments to its Comp Plan or Land Development Code. Isn't an acceleration of the County approval process for proposals a "more restrictive or burdensome" amendment? These proposed amendments would have the effect of giving the public less time to prepare for and make comments on proposals and giving staff less time between meetings to incorporate public comments. That sounds "more restrictive or burdensome" to me. I raised this issue with counsel to the Planning Commission at the meeting at which the Planning Commission considered these proposed amendments. He said he doesn't consider this a "more restrictive or burdensome" amendment. I would like to hear the CountyAttorney's views on this. 2. Even If They Are Legal,These Amendments Should Be Limited To County-Initiated Amendments. For many years, staff has dealt very effectively with different schedules for approvals of different types of applications. The benefit to staff of avoiding this administrative challenge does not come close to outweighing the detriment to the public input process of accelerating these approval schedules. What we will see is Development Review Committee meetings taking place just days after the community meeting. There will be very little time for staff to incorporate public comments made at the community meeting into the DRC version of a proposal. And even if staff is able to consider and address public comments at the community meeting in time for the DRC meeting, the public will have little time to review and prepare comments on the new version. Finally, I agree with Commissioner Lincoln that an important difference between County-initiated amendments and proposals by private applicants is that County-initiated amendments will have been discussed at a BOCC meeting, with opportunity for public input, before the community meeting is held, so the accelerated approval schedule thereafter will not be as much of a burden on the public. For the reasons set forth above, I request that you vote to limit these proposed amendments to County- initiated amendments to the Comp Plan and the Land Development Code. Respectfully submitted: Stuart Schaffer Begin forwarded message: From: Lincoln-Michelle <_Luncodn -Mich dde nionroecoou_nty-fd.gov> Date: February 18, 2025 at 1:12:14 PM EST To: Stuart<sfsChaff r@9maiLcom> Subject: RE: SSPOA Comments on BOCC Agenda Item J4 Good afternoon Stuart, I have read your comments regarding eliminating the Community meeting for Comprehensive Plan and Land Development Code Text Amendments. This will only be for County Initiated amendments,these are predominantly amendments that have been discussed at our BOCC meeting that are on our agenda and open for 3 community input. Staff, including the attorney's agree that gives residents the ability to weigh in on the amendment. We will not be eliminating Community Meetings for outside amendment requests. Michelle Lincoln Monroe County Commissioner District 2 243 Key Deer BLVD Big Pine Key, FL 33043 (30S)292-4512(Office) (30S)360-7666(Cell Phone) 00 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 BESUBJECT TO PUBLIC DISCLOSURE. From: Stuart<sf:sch.af r(�.gmail.com> Sent:Tuesday, February 18, 2025 8:51 AM To: Cates-Craig<Cans-Cr aig( MonroeCount -FL.tSov>; BOCCDIS2 <boccdis2 .M2.!2rn caa�anty-flegaav_>; BOCCDIS3<BOCCDIIS3( IMnnrng 2.q!21y-FL.Oov>; .........................................._. ................................................._. BOCCDIS4< .0KC II_S4a.M_onraaeCaaLanty-FL.Gov>; BOCCDIS5 <BOCCDIISS( IM¢anr¢anC¢a�ant FL.tSov> Cc: Hurley-Christine<HLArley-Christine@MonroeCount -FL.tSov>; Schemper-Emily <Sch.emp. r- rrrily( IMaanraanCaa�anty-lFlLeaav> ................................ Subject: SSPOA Comments on BOCC Agenda Item J4 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 4 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 5