HomeMy WebLinkAboutItem S02 S2
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
December 10, 2025
Agenda Item Number: S2
2023-4831
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Amending
Policy 1302.1.4 and Policy 1302.1.5 of the Monroe County Comprehensive Plan to Amend the
Requirement for a Community Meeting, as Requested by the BOCC at the February 19, 2025, Regular
Meeting of the BOCC.
ITEM BACKGROUND:
On February 19, 2025, at its regular public meeting, the Monroe County Board of County
Commissioners (`BOCC") directed Planning and Environmental Resources Department professional
staff("staff') to process an amendment to the Monroe County 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 processing timeline is 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").
Please refer to Attached Professional Staff report for Proposed Text and the Supporting Analysis.
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 bring back a discussion item regarding Comprehensive Plan text amendment timelines, indicating
State versus County requirements, for consideration of changes that may expedite the process.
February 19, 2025: BOCC discussion item to address and possibly reduce 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 amendments.
3365
On August 20, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
transmittal of the proposed text amendment, considered the staff report, and provided for public
comment and public participation in accordance with the requirements of state law and the procedures
adoption for public participation in the planning process. The BOCC adopted Resolution 291-2025
transmitting the proposed amendment to the State Land Planning Agency (DEO) for review and
comment.
Following their review of the proposed amendment, the Florida Department of Commerce
(FloridaCommerce) issued an Objections, Recommendations and Comments report on October 24,
2025 (attached). FloridaCommerce did not identify an objections or comments to the proposed
amendment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Professional staff recommends approval of the proposed
amendment to the Monroe County 2030 Comprehensive Plan.
DOCUMENTATION:
2025-037 MONROE CO. 25-0ACC (P) - ORC.pdf
2025.037.Ordinance1_.pdf
2025.037.SR.BOCC.12.10.2025.pdf
FINANCIAL IMPACT:
N/A
3366
ii uuuumuN�uuui�.iii ,i COMMERCE 11111111111111111MM
October 24, 2024
The Honorable Mayor Jim Scholl
Mayor, Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Scholl,
FloridaCommerce has completed its review of the proposed comprehensive plan amendment for
Monroe County(Amendment No. 25-04ACSC),which was received on August 25, 2025.
FloridaCommerce has reviewed the proposed amendment in accordance with the state coordinated
review process set forth in sections 163.3184(2) and (4), Florida Statutes(F.S.),for compliance with
Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or comments to the
proposed amendment and this letter serves as the Objections, Recommendations and Comments
Report. Review comments received by FloridaCommerce from the appropriate reviewing agencies, if
any, are enclosed.
The County should act by choosing to adopt,adopt with changes or not adopt the proposed
amendment. For your assistance, the procedures for final adoption and transmittal of the
comprehensive plan amendment are enclosed.
The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive
plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report,
or the amendment will be deemed withdrawn unless extended by agreement with notice to
FloridaCommerce and any affected party that provided comment on the amendment pursuant to
section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce
within ten working days after the final adoption hearing or the amendment shall be deemed
withdrawn pursuant to section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Zachery Chenault, Planning Analyst, by
telephone at(850)-717-8538 or by email via Zachery.Chenault@Commerce.fl.gov.
Sincerely, ,,_..
J nes D.Stansbury, Chief
ureau of Community Planning and Growth
J DS/zc
Enclosure: Procedures for Adoption
cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, MPA, Executive Director,South Florida Regional Planning Council
An equal opportunity employer/program.Auxiliary aids and service are available
NIEMEN=
upon request to individuals with disabilities.All voice telephone numbers on thin
document may be reached by persons using TTY/TTD equipment via the Florida
Relay Service at 711.
3367
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using FloridaCommerce's
electronic amendment submittal portal "Comprehensive Plan and_Amendment wUpload"
( fI rJeo.i � .�sales �fC� ., � )or submit three complete copies of all comprehensive plan
materials,of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF)to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government:the appropriate Regional Planning Council,
Water Management District, Department of Transportation, Department of Environmental Protection,
Department of State, the appropriate county (municipal amendments only), the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only), and the Department of Education (amendments relating to public schools), and for
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package.
Summary description of the adoption package, including any amendments proposed but not
adopted.
Ordinance number and adoption date.
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government.
Name,title, address,telephone, FAX number and e-mail address of local government contact.
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendment, an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
Effective:June 2,2011 (Updated December 2024) Page 2 of 3
3368
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required.
Copy of executed ordinance adopting the comprehensive plan amendment(s).
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency, or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the FloridaCommerce did not
previously review.
List of findings of the local governing body, if any,that were not included in the ordinance, and
which provided the basis of the adoption or determination not to adopt the proposed amendment.
Statement indicating the relationship of the additional changes not previously reviewed by the
FloridaCommerce to the ORC report from the Florida Commerce.
Effective June 2,2011(Updated December 2024) Page 3 of 3
3369
1 EXHIBIT A TO RES. NO. -2025
r
3 � (i
i
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2025
10
11
12 AN ORDINANCE APPROVING AMENDMENTS TO POLICY 1302.1.4
13 AND POLICY 1302.1.5 OF THE MONROE COUNTY YEAR 2030
14 COMPREHENSIVE PLAN TO AMEND THE REQUIREMENT(S) FOR
15 A COMMUNITY MEETING,AS REQUESTED BY THE BOCC AT ITS
16 FEBRUARY 19, 2025, REGULAR PUBLIC MEETING; PROVIDING
17 FOR SEVERABILITY; PROVIDING FOR REPEAL OF
18 CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO
19 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
20 STATE; PROVIDING FOR AMENDMENT TO AND
21 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
22 PLAN; PROVIDING FOR AN EFFECTIVE DATE.'
23
24
25 WHEREAS, at its February 19, 2025, regular public meeting,2 the Monroe County Board
26 of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") directed
27 professional staff to process an amendment to the Monroe County 2030 Comprehensive Plan to
28 amend Policies 1302.1.4 and 1302.1.5, to eliminate the required timeframe between community
29 meetings and the first required public hearing for text and map amendments and certain
30 development application and development agreements; and
31
32 WHEREAS, on April 21, 2025, County professional staff held a community meeting, as
33 required by Monroe County Land Development Code ("LDC" or"Code") Section 102-159(b), to
34 discuss the proposed text amendment to the Monroe County 2030 Comprehensive Plan; and
35
36 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
37 considered the proposed amendment at a regularly scheduled public meeting held on May 27,
38 2025; and
39
40 WHEREAS, on May 29, 2025, the DRC Chair signed Resolution No. DRC 11-25
41 recommending approval of the proposed text amendment; and
42
1 Monroe County Planning and Environmental Resources Department File No.2025-037.
2 See BOCC Agenda Item J4. of the Board's regular February 19th,2025,public meeting agenda.
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3370
I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
2 public hearing on the 22nd 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 as discussed during the hearing of the proposed amendment; and
17
18 WHEREAS, at a regular meeting held on the 20th of August 2025, the Monroe County
19 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
20 text amendment, considered the staff report and provided public comment and public participation
21 in accordance with the requirements of state law and the procedures adopted for public
22 participation in the planning process; and
23
24 WHEREAS,at the 20th of August 2025 public hearing,the BOCC considered the proposed
25 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
26 Agency; and
27
28 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
29 Objections, Recommendations and Comments (ORC)report on October 24, 2025; and
30
31 WHEREAS, the ORC report did not identify any objections, recommendations, or
32 comments; and
33
34 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
35 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
36
37 WHEREAS, at a regularly scheduled meeting on the 10th day of December 2025, the
38 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
39 amendment;
40 WHEREAS, based upon the information and documentation submitted, the BOCC made
41 the following findings of fact and conclusions of law:
42
43 1. The proposed amendment is consistent with the Goals, Objectives and Policies of
44 the Monroe County Year 2030 Comprehensive Plan; and
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3371
1 2. The proposed amendment is consistent with the Principles for Guiding
2 Development for the Florida Keys Area of Critical State Concern, Section
3 380.0552(7), Florida Statutes; and
4 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statutes;
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8
9 Section 1. Recitals and Legislative Intent. The foregoing recitals, statements of legislative
10 intent, findings of fact, and conclusions of law are true and correct and are hereby
11 incorporated as if fully stated herein.
12
13 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
14 (Deletions are shown st+i ke t4-,, additions are shown underlined):
15
16 Policy 1302.1.4
17 Monroe County shall maintain land development regulations creating a required community
18 meeting to emphasize the importance of citizen participation as early as possible in the planning
19 and development review process. The following shall be considered for inclusion:
20 • Applicants requesting a Major Conditional Use permit, development agreement,
21 Land Use District (Zoning) Map amendment, Land Use District (Zoning) Map
22 Overlay amendment, or Future Land Use Map amendment shall provide for
23 community participation.
24 • pPrior to the Development Review Committee meeting
25 required for certain aplications or amendments, , y required p,, lie hea-iffgko, a
26 community meeting shall be held at a location close to the project site o, r by
27 electronic means.
28 • This meeting shall be noticed to surrounding property owners and advertised by the
29 applicant at least 48 15 days before the community meeting, in a newspaper of
30 general circulation.
31 • The applicant shall pay the cost of the public notice and advertising for the
32 community meeting.
33 • This meeting shall be facilitated by a representative from the Monroe County
34 Growth Ma*agemer*Division Planning and Environmental Resources Department
35 and the applicant shall be present at the meeting.
36 Policy 1302.1.5
37 Monroe County shall maintain land development regulations creating a required community
38 meeting to emphasize the importance of citizen participation as early as possible in the planning
39 process. The following shall be considered for inclusion:
40 • Proposals by the County or a private applicant to amend the text of the Land
41 Development Code and/or Comprehensive Plan, with a county-wide impact, shall
42 require a community meeting prior to
43 the review of the amendment by the Development Review Committee.
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3372
1 • A private applicant shall pay the cost of the public notice and advertising for the
2 community meeting.
3 • This meeting shall be noticed and advertised by the County at least 4-9 15 days
4 before the community meeting, in a newspaper of general circulation.
5 • This meeting shall be facilitated by a representative from the Monroe County
6 Planning and Environmental Resources Department
7 and the applicant shall be present at the meeting.
8
9
10 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
11 ambiguities, within this Ordinance or between this Ordinance and the
12 Monroe County Code of Ordinances, Florida Building Code, Monroe
13 County Land Development Code, floodplain management regulations,
14 Comprehensive Plan, or any other approval of the Monroe County Board of
15 County Commissioners, Monroe County Planning Commission, Monroe
16 County Planning and Environmental Resources Department, or other
17 department or office of Monroe County,the rule,regulation, law,provision,
18 and/or text more restrictive shall always apply and control.
19
20 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
21 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
22 County Codes, Florida Statutes, and floodplain management regulations whose
23 interpretation arise out of, relate to, or are interpreted in connection with this
24 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
25 and such interpretation shall be entitled to great weight in adversarial administrative
26 proceedings, at trial, in bankruptcy, and on appeal.
27
28 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
29 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
30 or unenforceable in or by any administrative hearing officer or court of competent
31 jurisdiction, the invalidity or unenforceability of such provision, or any part or
32 portion thereof, shall neither limit nor impair the operation, enforceability, or
33 validity of any other provision of this Ordinance, or any remaining part(s) and/or
34 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
35 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
36
37 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
38 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
39 shall not repeal the repealing clause of such ordinance or revive any ordinance
40 which has been repealed thereby.
41
42 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
43 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
44
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I Section 8. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
2 Secretary of the State of Florida but shall not become effective until a notice is
3 issued by the State Land Planning Agency or Administration Commission finding
4 the amendment in compliance with Chapter 163, Florida Statutes, and after any
5 applicable challenges have been resolved.
6
7 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
8 in the Monroe County Comprehensive Plan. The numbering of the foregoing
9 amendment may be renumbered to conform to the numbering in the Monroe County
10 Comprehensive Plan.
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
13 Florida, at a regular meeting held on the day of
14
15 Mayor Michelle Lincoln, District 2
16 Mayor Pro Tem David Rice, District 4
17 Commissioner Craig Cates, District 1
18 Commissioner James K. Scholl, District 3
19 Commissioner Holly Merrill Raschein, District 5
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24 By:
25 Mayor Michelle Lincoln
26
27 (SEAL)
28
29 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY ATTORNEY'
'T �.
30 S T '
31 at ;
32 AS DEPUTY CLERK
5 of 5
3374
Mµ
3 . ,:.a,
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, AICP, CFM, Senior Director of Planning and Environmental Resources
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: November 4, 2025
18
19 Subject: An Ordinance by the Monroe County Board of County Commissioners (`BOCC" or
20 "Board") amending Policy 1302.1.4 and Policy 1302.1.5 of the Monroe County 2030
21 Comprehensive Plan to amend the requirement for a Community Meeting, as requested
22 by the Board at the regular February 19, 2025, BOCC Meeting.
23
24 Meeting: December 10, 2025
25
26
27 I. REQUEST:
28
29 On February 19, 2025, at its regular public meeting, the Monroe County Board of County
30 Commissioners ("BOCC") directed Planning and Environmental Resources Department professional
31 staff("staff')to process an amendment to the Monroe County 2030 Comprehensive Plan to help reduce
32 the processing timeline of text amendments to the County's Land Development Code ("Code" or
33 "LDC") and Comprehensive Plan, map amendments, and certain development applications that require
34 a community meeting. The processing timeline is reduced by requiring community meetings to be held
35 prior to these applications being considered by the Development Review Committee ("DRC") rather
36 than a defined time period before the first required public hearing. The amendment also clarifies that
37 meetings can be held in-person or by electronic means ("Communications Media Technology").
38
39 Concurrent Application:
40 Planning and Environmental Resources Department File No. 2025-038: A proposed amendment to the
41 Code amending LDC Section 102-158, LDC Section 102-159, LDC Section 110-3, and LDC Section
42 110-70 to reduce the processing timeline and to clarify that community meetings can be held in-person
43 and by electronic means.
44
BOCC SR 12.10.2025 Page 1 of 7
Planning and Environmental Resources Department File No. 2025-037
3375
1 II. BACKGROUND INFORMATION:
2
3 Community Meeting and Public Participation: A Community Meeting was held on April 21, 2025,
4 concerning the proposed amendment, in accordance with LDC Section 102-159(b). There were no
5 comments from the public. However, staff received written comments requesting clarification regarding
6 the BOCC direction given to staff during the February 19, 2025, regular commission meeting. Public
7 comment can be found in the file.
8
9 Development Review Committee Meeting and Public Input: On May 27, 2025, the DRC considered
10 the proposed amendment and provided for public input. On May 29, 2025, the Chair of the DRC signed
11 Resolution No. DRC 11-25, recommending approval of the proposed text amendment.
12
13 Planning Commission Meeting and Public Input: On July 22, 2025, the Planning Commission
14 considered the proposed amendment, provided for public input. and recommended approval of the
15 proposed text amendment through Resolution P20-25.
16
17 Board of County Commissioners Transmittal to State Land Planning Agency
18 On August 20, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
19 transmittal of the proposed text amendment, considered the staff report, and provided for public
20 comment and public participation in accordance with the requirements of state law and the procedures
21 adoption for public participation in the planning process. The BOCC adopted Resolution 291-2025
22 transmitting the proposed amendment to the State Land Planning Agency (DEO) for review and
23 comment.
24
25 Following their review of the proposed amendment, the Florida Department of Commerce
26 (FloridaCommerce)issued an Objections,Recommendations and Comments report on October 24,2025
27 (attached). FloridaCommerce did not identify an objections or comments to the proposed amendment.
28
29 Previous Relevant BOCC Action(s):
30 April 13, 2016: BOCC adopted Ordinance Nos. 005-2016 and 006-2016, adopting the Monroe County
31 Year 2030 Comprehensive Plan and associated amendments to the Land Development Code. These
32 ordinances established the Community Meeting requirements for the first time.
33
34 January 15, 2025: BOCC requested Planning and Environmental Resources Department professional
35 staff bring back a discussion item regarding Comprehensive Plan text amendment timelines, indicating
36 State versus County requirements, for consideration of changes that may expedite the process.
37
38 February 19, 2025: BOCC discussion item to address and possibly reduce process timeline for
39 Comprehensive Plan and Land Development Code text amendments and potential opportunities to
40 shorten the minimum amount of time necessary to complete such amendments.
41
42 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT:
43 Proposed amendments are shown as follows: additions are set forth below in r:. d utideflutie and deletions
44 are set forth in
45 *****
46
BOCC SR 12.10.2025 Page 2 of 7
Planning and Environmental Resources Department File No.2025-037
3376
I Policy 1302.1.4
2 Monroe County shall maintain land development regulations creating a required community meeting
3 to emphasize the importance of citizen participation as early as possible in the planning and
4 development review process. The following shall be considered for inclusion:
5 • Applicants requesting a Major Conditional Use permit, development agreement, Land
6 Use District (Zoning) Map amendment, Land Use District (Zoning) Map Overlay
7 amendment, or Future Land Use Map amendment shall provide for community
8 participation.
9 v _ l-4,10 ...d pPrior to the I)e ek�pn]u!!t �Yr ew Conlnlutt�c
10 re t�red d°m ��ru� n ��gp�Hcatuoti or anietidnietit , Ef .t, � ������ ° � � ���� ....heafi� ��;(r��).,. a
11 communitymeeting shall be held at project y g a location close to the ro'ect site ��� � ��t!�oti�c,.
12 ull eLiti ,
13 • This meeting shall be noticed to surrounding property owners and advertised by the
14 applicant at least 1.0 15 days before the community meeting, in a newspaper of general
15 circulation.
16 • The applicant shall pay the cost of the public notice and advertising for the community
17 meeting.
18 • This meeting shall be facilitated by a representative from the Monroe County ff(+Wdi.
Pesotirces I e artaient and the
20 applicant shall be present at the meeting.
21 Policy 1302.1.5
22 Monroe County shall maintain land development regulations creating a required community meeting
23 to emphasize the importance of citizen participation as early as possible in the planning process. The
24 following shall be considered for inclusion:
25 • Proposals by the County or a private applicant to amend the text of the Land Development
26 Code and/or Comprehensive Plan,with a county-wide impact, shall require a community
27 meeting at...Veast three (`) months prior to any r q -i4ed...pt ,44-e , t➢�c..!vvr e : of th,
28 anieiidnient by t 1 &yiew C:..oninlitte ,
29 • A private applicant shall pay the cost of the public notice and advertising for the
30 community meeting.
31 • This meeting shall be noticed and advertised by the County at least 1.0 15 days before the
32 community meeting, in a newspaper of general circulation.
33 • This meeting shall be facilitated by a representative from the Monroe County : -ewth
34 Mina#tmiient D�vis on HaitiPt g ant! 1Cn1rurotinietita esotirces I e artaient and the
35 applicant shall be present at the meeting.
36
37
38 IV. ANALYSIS OF PROPOSED AMENDMENT:
39
40 Rather than tying community meetings to a timeline that varies from 45 days to three months prior to
41 the first required public hearing. The first public hearing in the approval process for the affected
42 application types is the Planning Commission Meeting. The proposed amendment streamlines the
BOCC SR 12.10.2025 Page 3 of 7
Planning and Environmental Resources Department File No.2025-037
3377
I processing timeline of applications which require a community meeting, by amending the
2 Comprehensive Plan to require said community meetings be held prior to consideration of the application
3 by the Development Review Committee.
4
5 The notice and advertising time was extended from 10 to 15 days to address an inconsistency with the
6 Land Development Code.
7
8 Additionally, based on Planning and Environmental Resources Department records, the majority of the
9 Community Meetings are being held via Communications Media Technology,through Zoom. Therefore,
10 professional staff also recommend that this text amendment clarifies that meetings can be held in-person
11 or by electronic means.
12
13 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
14 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES:
15
16 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
17 County 2030 Comprehensive Plan. Specifically,it furthers:
18 5.0 -PUBLIC PARTICIPATION AND COMMENT
19 These public participation procedures are developed to meet the requirements of Chapter 163.3181,
20 Florida Statutes, as amended. This section of State law requires adoption of public participation
21 procedures designed to provide effective public participation in the comprehensive planning process
22 and providing real property owners with notice of all official actions that will regulate the use of their
23 property. The following public participation procedures, in addition to any other procedures required
24 by statute, may be followed when an amendment to the Comprehensive Plan (the Plan) is proposed:
25 • Assure advertisements are placed in local newspapers and other media in accordance with State
26 law;
27 • Provide flyers at the Government Centers and other prominent public locations;
28 • Provide sign-up sheets at meetings to create a database of meeting attendees for future email
29 communication;
30 • Provide opportunities for written comments from citizens and other interested parties;
31 • Prepare newspaper articles and press releases;
32 • Post information through social media;
33 • Assure draft documents are made available at the Government Centers and on the County
34 website;
35 • Post applications on the County website; and
36 • Facilitate public meetings to discuss Plan amendments.
37 B. The amendment is consistent with the Principles for Guiding Development in the Florida Keys
38 Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
39
40 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
41 principles for guiding development and any amendments to the principles, the principles shall be
BOCC SR 12.10.2025 Page 4 of 7
Planning and Environmental Resources Department File No.2025-037
3378
I construed as a whole and no specific provision shall be construed or applied in isolation from the other
2 provisions.
3
4 (a) Strengthening local government capabilities for managing land use and development so that local
5 government is able to achieve these objectives without continuing the area of critical state
6 concern designation.
7 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
8 beds, wetlands, fish and wildlife, and their habitat.
9 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
10 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
11 wildlife, and their habitat.
12 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
13 development.
14 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
15 Keys.
16 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,
17 and ensuring that development is compatible with the unique historic character of the Florida
18 Keys.
19 (g) Protecting the historical heritage of the Florida Keys.
20 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
21 major public investments, including:
22 1. The Florida Keys Aqueduct and water supply facilities;
23 2. Sewage collection, treatment, and disposal facilities;
24 3. Solid waste treatment, collection, and disposal facilities;
25 4. Key West Naval Air Station and other military facilities;
26 5. Transportation facilities;
27 6. Federal parks, wildlife refuges, and marine sanctuaries;
28 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
29 8. City electric service and the Florida Keys Electric Co-op; and
30 9. Other utilities, as appropriate.
31 (i) Protecting and improving water quality by providing for the construction, operation,
32 maintenance, and replacement of stormwater management facilities; central sewage collection;
33 treatment and disposal facilities; and the installation and proper operation and maintenance of
34 onsite sewage treatment and disposal systems.
35 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
36 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
37 403.086(10), as applicable, and by directing growth to areas served by central wastewater
38 treatment facilities through permit allocation systems.
39 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
40 Keys.
41 (1) Making available adequate affordable housing for all sectors of the population of the Florida
42 Keys.
43 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
44 natural or manmade disaster and for a post disaster reconstruction plan.
45 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
46 maintaining the Florida Keys as a unique Florida resource.
47
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I Pursuant to Section 380.0552(7), Florida Statutes, the proposed amendment is not inconsistent with the
2 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
3
4 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statutes
5 ("F.S."). Specifically, the amendment furthers:
6
7 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and
8 enhance present advantages; encourage the most appropriate use of land, water, and resources,
9 consistent with the public interest; overcome present handicaps; and deal effectively with future
10 problems that may result from the use and development of land within their jurisdictions. Through
11 the process of comprehensive planning, it is intended that units of local government can preserve,
12 promote, protect, and improve the public health, safety, comfort, good order, appearance,
13 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
14 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities, housing,
15 and other requirements and services; and conserve, develop, utilize, and protect natural resources
16 within their jurisdictions.
17
18 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal
19 status set out in this act and that no public or private development shall be permitted except in
20 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
21 conformity with this act.
22
23 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and
24 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
25 development of the area that reflects community commitments to implement the plan and its
26 elements. These principles and strategies shall guide future decisions in a consistent manner and
27 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
28 of the comprehensive plan containing the principles and strategies, generally provided as goals,
29 objectives, and policies, shall describe how the local government's programs, activities, and land
30 development regulations will be initiated, modified, or continued to implement the comprehensive
31 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
32 regulations in the comprehensive plan but rather to require identification of those programs,
33 activities, and land development regulations that will be part of the strategy for implementing the
34 comprehensive plan and the principles that describe how the programs, activities, and land
35 development regulations will be carried out. The plan shall establish meaningful and predictable
36 standards for the use and development of land and provide meaningful guidelines for the content of
37 more detailed land development and use regulations.
38
39 163.3181, F.S.: Public participation in the comprehensive planning process; intent; alternative
40 dispute resolution.
41 (1) It is the intent of the Legislature that the public participate in the comprehensive planning
42 process to the fullest extent possible. Towards this end, local planning agencies and local
43 governmental units are directed to adopt procedures designed to provide effective public
44 participation in the comprehensive planning process and to provide real property owners with
45 notice of all official actions which will regulate the use of their property. The provisions and
46 procedures required in this act are set out as the minimum requirements towards this end.
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1 (2) During consideration of the proposed plan or amendments thereto by the local planning
2 agency or by the local governing body, the procedures shall provide for broad dissemination
3 of the proposals and alternatives, opportunity for written comments, public hearings as
4 provided herein, provisions for open discussion, communications programs, information
5 services, and consideration of and response to public comments.
6
7 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory
8 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
9 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
10 development of lands and waters within an area. It is the intent of this act that the adoption and
11 enforcement by a governing body of regulations for the development of land or the adoption and
12 enforcement by a governing body of a land development code for an area shall be based on,be related
13 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
14
15 VI. PROCESS:
16
17 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
18 Planning Commission, the Director of Planning, or the owner or other person having a contractual
19 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
20 process applications as they are received and pass them onto the Development Review Committee and
21 the Planning Commission.
22
23 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
24 the application, the reports and recommendations of the Department of Planning & Environmental
25 Resources and the Development Review Committee and the testimony given at the public hearing. The
26 Planning Commission shall submit its recommendations and findings to the Board of County
27 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
28 comprehensive plan amendment, and considers the staff report,staff recommendation, and the testimony
29 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
30 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
31 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
32 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
33 changes or not adopt the amendment.
34
35 VIL PROFESSIONAL STAFF RECOMMENDATION:
36
37 Professional staff recommend approval of the proposed amendments to Comprehensive Plan Policies
38 1302.1.4 and 1302.1.5, amending the requirement for a community meeting.
39
40 VIII.EXHIBITS
41
42 1. FloridaCommerce Objections, Recommendations, and Comments Report
43 2. Ordinance
44
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