HomeMy WebLinkAboutItem S03 S3
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: S3
2023-4832
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
Monroe County Land Development Code Sections 102-159, 110-3, and 110-70 to Revise the
Requirements for a Community Meeting, as Requested by the BOCC at the February 19, 2025, Regular
Meeting of the BOCC.
ITEM BACKGROUND:
At its regular February 19, 2025,public meeting, the Monroe County Board of County Commissioners
("Monroe County", "BOCC", "Board", or the "County") directed Planning and Environmental
Resources Department professional staff("staff') to process an amendment(s) to the Monroe County
2030 Comprehensive Plan and Land Development Code, to 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
proposed amendment changes the timeline for community meetings and requires them to be held prior
to these application types being reviewed by the Development Review Committee ("DRC") as opposed
to a specific time period prior to the first public hearing. The proposed amendment also clarifies that
these community meetings can be held either in-person or by electronic means ("Communications
Media Technology").
Please refer to the attached Professional Staff Report for proposed text and 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.
3382
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.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Professional Staff recommends approval of the proposed
amendment to the Monroe County Land Development Code to Revise the Requirement for a
Community Meeting.
DOCUMENTATION:
2025.038.Ordinance_.pdf
2025.038.SR.BOCC.12.10.25.pdf
FINANCIAL IMPACT:
N/A
3383
+i era°
2 �/
5
,
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2025
10
11 AN ORDINANCE APPROVING AMENDMENT OF MONROE
12 COUNTY LAND DEVELOPMENT CODE SECTIONS 102-158, 102-
13 159, 110-3 AND 110-70 TO AMEND THE REQUIREMENT(S) FOR
14 A COMMUNITY MEETING, AS REQUESTED BY THE MONROE
15 COUNTY BOARD OF COUNTY COMMISSION (BOCC) AT THE
16 BOCC'S FEBRUARY 19, 2025, REGULAR PUBLIC MEETING;
17 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
18 OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
20 AND THE SECRETARY OF STATE; PROVIDING FOR
21 AMENDMENT TO AND INCORPORATION IN THE MONROE
22 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
23 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 Land Development Code to
29 eliminate the required timeframe between community meetings and the first required public
30 hearing for text and map amendments and certain development application and development
31 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 LDC; 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 12-25
42 recommending approval of the proposed text amendment; and
43
1 Monroe County Planning and Environmental Resources Department File No.2025-038.
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3384
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 amendment to the Monroe County Land Development Code; 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, Sec. 380.0552(7),Florida Statutes;
12 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. P21-25
16 recommending approval of the proposed amendment, as discussed during the hearing of the
17 proposed amendment; and
18
19 WHEREAS, at a regularly scheduled meeting on the loth day of December, 2025, the
20 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
21 amendment;
22
23 WHEREAS, based upon the information and documentation submitted, the BOCC made
24 the following findings of fact and conclusions of law:
25
26 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
27 Monroe County Year 2030 Comprehensive Plan; and
28 2. The proposed amendment is consistent with the Principles for Guiding Development
29 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),Florida Statutes;
30 and
31 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
34 OF COUNTY COMMISSIONERS:
35
36 Section 1. Recitals and Legislative Intent. The foregoing statements of recitals, statements of
37 legislative intent, recitals, findings of fact, and conclusions of law are true and
38 correct and are hereby incorporated as if fully stated herein.
39
40 Section 2. The text of the Monroe County Land Development Code is hereby amended as
41 follows (Deletions are shown st+i ke t4-,, additions are shown underlined):
42 Sec. 102-159. Community Participation.
43 (a) Map amendments.In addition to the public hearings required by Section 102-158, applicants
44 requesting a Land Use District (Zoning) Map, Land Use District (Zoning) Map Overlay
2of5
3385
I District or Future Land Use Map (FLUM) amendment shall provide for public participation
2 through a community meeting.
3 (1) Community meeting. The applicant will coordinate with the Planning Director regarding
4 the date, time and location of the proposed community meeting; however, all meetings
5 are to be held on a weekday evening at a location close to the project site, or by electronic
6 means, between 4 120 days prior to e f t e,.4lie hear-inns r-e"ir-ed i Seetle
7 442-14-�the review of the amendment by the Development Review Committee.
8
9 (b) Text amendments to the Land Development Code and/or the Comprehensive Plan with
10 County-Wide Impact. In addition to any required public hearings,proposals by the County or
11 a private applicant to amend the text of the LDC and/or the Comprehensive Plan,shall provide
12 for community participation through the following:
13 ******
14 (3) Community Meeting. Proposals by the County or a private applicant to amend the text of
15 the Land Development Code and/or Comprehensive Plan, with a county-wide impact,
16 shall require a community meeting.
17 a. A private applicant will coordinate with the Planning Director regarding the
18 date, time and location of the proposed community meeting; however, all
19 meetings shall be held on a weekday evening C
20 f tl• ie h zxir-ed in Section 102 158 by Se tier 1 62 31 4n
��r �pp„ o ,
21 prior to�the review of the amendment by the Development
22 Review Committee.
23 ******
24 Sec. 110-3. Pre-Application Conference and Community Participation Meetings.
25 ******
26 (b) Community Participation Meeting. Applicants requesting a Major Conditional Use Permit
27 pursuant to Article III of this chapter, or a Development Agreement pursuant to Article V of
28 this chapter shall provide for public participation through a community meeting.
29 (1) Scheduling. The applicant will coordinate with the Planning Director regarding the date,
30 time and location of the proposed community meeting; however, all meetings are to be
31 held on a weekday evening at a location close to the project site, or by electronic means,
32 bet ee n 5 ,,B 120 ,a,y prior to the Development Review Committee review of the
33 Major Conditional Use Permit or Development Agreement.
35 (2) Notice ofMeeting. The community meeting shall be noticed at least 15 days prior to the
36 meeting date by advertisement in a Monroe County newspaper of general circulation,
37 mailing of notice to surrounding property owners, and posting of the subject property, in
38 accordance with Section 110-5.
39 (3) Noticing and Advertising Costs. The applicant shall pay the cost of the public notice and
40 advertising for the community meeting and provide proof of proper notice to the Planning
41 Director.
42 (4) The community meeting shall be facilitated by a representative from the Monroe County
43 Planning & Environmental Resources Department and the applicant shall be present at
44 the meeting.
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3386
I Sec. 110-70. Major Conditional Uses.
2
3 (b) Community Meeting: The applicant will coordinate with the Planning Director, or his/her
4 designee,regarding the date,time and location of the proposed community meeting,however,
5 all meetings are to be held on a weekday evening at a location close to the project site or by
6 electronic means, prior to the Development Review Committee review of the major
7 conditional use permit.
8 (bc) Review by the Development Review Committee (DRC). An application for a major
9 conditional use permit shall be reviewed by the DRC. The DRC shall give comments to the
10 applicant,responsible staff and the Planning Director.Within 60 days of the meeting or within
11 60 days after any additional information required from the applicant is furnished ^r w4hiff 60
12 days after a e rod ee o6*g the department shall provide for advertisement of
13 the required public hearing by the Planning Commission.
14 (ed) Public hearing on an application for a major conditional use permit. The pplieant shall
15
16 eft hearinn ^rd^r^e , i4 Seetior 110 3(b) The Planning Commission shall
17 hold a public hearing on the application for a major conditional use permit and shall issue a
18 development order granting, granting with conditions or denying the application for a major
19 conditional use permit within 60 days of the public hearing by the Planning Commission,
20 with the exception of any application where a condition has been imposed that must be
21 satisfied prior to the issuance of a development order approving the major conditional use
22 permit, in which case the development order shall be issued within 30 days after receipt of
23 proof of satisfaction of the condition. The applicant shall provide any additional information
24 to satisfy a condition required by the Planning Commission within one (1)year of the date of
25 the Planning Commission meeting when the application was considered. If such information
26 is not received within this timeframe, the application will be deemed withdrawn.
27 (de) Appeal of a major conditional use decision by the Planning Commission. The applicant,
28 an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S.
29 § 163.3215(2), or any person who presented testimony or evidence at the public hearing
30 conducted pursuant to subsection (c) of this section may request an appeal of the Planning
31 Commission's decision under chapter 102, article VI, division 2 by filing the notice required
32 by that article within 30 days of the written decision of the Planning Commission.
33
34 *****
35 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
36 ambiguities, within this Ordinance or between this Ordinance and the
37 Monroe County Code of Ordinances, Florida Building Code, Monroe
38 County Land Development Code, floodplain management regulations,
39 Comprehensive Plan, or any other approval of the Monroe County Board of
40 County Commissioners, Monroe County Planning Commission, Monroe
41 County Planning and Environmental Resources Department, or other
42 department or office of Monroe County,the rule,regulation, law,provision,
43 and/or text more restrictive shall always apply and control.
44
45 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
46 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
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3387
I County Codes, Florida Statutes, and floodplain management regulations whose
2 interpretation arise out of, relate to, or are interpreted in connection with this
3 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
4 and such interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, in bankruptcy, and on appeal.
6
7 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
8 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
9 or unenforceable in or by any administrative hearing officer or court of competent
10 jurisdiction, the invalidity or unenforceability of such provision, or any part or
11 portion thereof, shall neither limit nor impair the operation, enforceability, or
12 validity of any other provision of this Ordinance, or any remaining part(s) and/or
13 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
14 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
15
16 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
17 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
18 shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 7. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
22 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
23
24 Section 8. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
25 Secretary of the State of Florida but shall not become effective until a notice is
26 issued by the State Land Planning Agency or Administration Commission finding
27 the amendment in compliance with Chapter 163, Florida Statutes and after any
28 applicable challenges have been resolved.
29
30 Section 9. Inclusion in the Land Development Code. The text amendment shall be
31 incorporated in the Monroe County Land Development Code. The numbering of
32 the foregoing amendment may be renumbered to conform to the numbering in the
33 Monroe County Land Development Code.
34
35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
36 Florida, at a regular meeting held on the day of
37
38 Mayor Michelle Lincoln, District 2
39 Mayor Pro Tem David Rice, District 4
40 Commissioner Craig Cates, District 1
41 Commissioner James K. Scholl, District 3
42 Commissioner Holly Merrill Raschein, District 5
43
44 BOARD OF COUNTY COMMISSIONERS
45 OF MONROE COUNTY, FLORIDA
46
47 By:
48 Mayor Michelle Lincoln
5 of 5
3388
1
2
3
4
5 (SEAL)
6
7 ATTEST: KEVIN MADOK CLERK E COUNTY ATTORNEY'
E T
8
9Data:
10 AS DEPUTY CLERK
6of5
3389
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
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 Sections 102-159, 110-3, and 110-70 of the Monroe County Land
21 Development Code to Revise the Requirement for a Community Meeting, as Requested
22 by the BOCC at the regular February 19, 2025, BOCC Meeting.
23
24 Meeting: December 10, 2025
25
26
27 I. REOUEST:
28
29 On February 19, 2025, at its regular Commission meeting, the Monroe County Board of County
30 Commissioners (BOCC) directed Planning and Environmental Resources Department professional staff
31 ("staff") to process an amendment to the Monroe County 2030 Comprehensive Plan and Land
32 Development Code, to reduce the processing timeline of text amendments to the County's Land
33 Development Code ("Code" or "LDC") and Comprehensive Plan, map amendments, and certain
34 development applications that require a community meeting. The proposed amendment changes the
35 timeline for community meetings and requires them to be held prior to these application types being
36 reviewed by the Development Review Committee("DRC") as opposed to a specific time period prior to
37 the first public hearing. The proposed amendment also clarifies that these community meetings can be
38 held either in-person or by electronic means ("Communications Media Technology").
39
40 Concurrent Application:
41
42 Planning and Environmental Resources Department File No. 2025-037: A proposed amendment to
43 Policy 1302.1.4 and Policy 1302.1.5 of the Monroe County 2030 Comprehensive Plan to amend the
44 requirement for a community meeting, as requested by the BOCC at its February 19,2025,regular public
45 meeting.
46
BOCC SR 12.10.2025 Page 1 of 9
Planning and Environmental Resources Department File No. 2025-038
3390
1 II. BACKGROUND INFORMATION:
2
3 Community Meeting and Public Participation:
4 A Community Meeting was held on April 21,2025, concerning the proposed amendment, in accordance
5 with LDC Section 102-159(b). There were no comments from the public. However, staff received
6 written comments requesting clarification regarding the BOCC directions given to staff during the
7 February 19, 2025, Regular BOCC meeting. Public comment can be found in the file.
8
9 Development Review Committee Meeting and Public Input:
10 On May 27,2025,the DRC considered the proposed amendment and provided for public input. On May
11 29, 2025, the Chair of the DRC signed Resolution No. DRC 12-25, recommending approval of the
12 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 P21-25, with an editorial change to the language of the
17 Resolution.
18
19 Previous Relevant BOCC Action(s):
20
21 April 13, 2016: BOCC adopted Ordinance Nos. 005-2016 and 006-2016, adopting the Monroe County
22 Year 2030 Comprehensive Plan and associated amendments to the Land Development Code. These
23 ordinances established the Community Meeting requirements for the first time.
24
25 January 15, 2025: BOCC requested Planning and Environmental Resources Department professional
26 staff bring back a discussion item regarding Comprehensive Plan text amendment timelines, indicating
27 State versus County requirements, for consideration of changes that may expedite the process.
28
29 February 19, 2025: BOCC discussion item to address and possibly reduce process timeline for
30 Comprehensive Plan and Land Development Code text amendments and potential opportunities to
31 shorten the minimum amount of time necessary to complete such amendments.
32
33 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT:
34 Proposed amendments are shown as follows: additions are set forth below in rvd urr��iefluti and deletions
35 are set forth in
36 *****
37 Sec. 102-159. Community Participation.
38 (a) Map amendments. In addition to the public hearings required by Section 102-158, applicants
39 requesting a Land Use District(Zoning) Map, Land Use District(Zoning) Map Overlay District or
40 Future Land Use Map (FLUM) amendment shall provide for public participation through a
41 community meeting.
42 (1) Community meeting. The applicant will coordinate with the Planning Director regarding
43 the date, time and location of the proposed community meeting; however, all meetings are
44 to be held on a weekday evening at a location close to the project site, (�r� by
45 tneatis days prior to any cal'th in Seeton 102-
nt by..�1 � V��.tm� rr�t]k �uew C��umrnuttee.
BOCC SR 12.10.2025 Page 2 of 9
Planning and Environmental Resources Department File No.2025-038
3391
2 (b) Text amendments to the Land Development Code and/or the Comprehensive Plan with County-
3 Wide Impact. In addition to any required public hearings, proposals by the County or a private
4 applicant to amend the text of the LDC and/or the Comprehensive Plan, shall provide for
5 community participation through the following:
6
7 (3) Community Meeting. Proposals by the County or a private applicant to amend the text of
8 the Land Development Code and/or Comprehensive Plan,with a county-wide impact, shall
9 require a community meeting.
10 a. A private applicant will coordinate with the Planning Director regarding the date,time
11 and location of the proposed community meeting; however, all meetings shall be held
12 on a weekday evening, at peast tpuee (3) months 1')rior to any ��p�'the p tt44 f - -
13 1.egt-14ed 41 se&oe �p...p r p pW L)rJor to the
14 rebus ol'the arnendu eat p p 1r V� uu �t c1ru C� uc uu uttcc.
15
16 Sec. 110-3. Pre-Application Conference and Community Participation Meetings.
17 ******
18 (b) Community Participation Meeting. Applicants requesting a Major Conditional Use Permit
19 pursuant to Article III of this chapter, or a Development Agreement pursuant to Article V of this
20 chapter shall provide for public participation through a community meeting.
21 (1) Scheduling. The applicant will coordinate with the Planning Director regarding the date,
22 time and location of the proposed community meeting; however, all meetings are to be
23 held on a weekday evening at a location close to the project site, or by gVgcfiEQ!Jc ;aigin ,,
p P _ ppn]] 111 P�Yr ew y��nlrnuttee...rev ew � p th �tp H
24 g��t� ,��-- � "� ° riortothe pevdo
....
ecu ut veVO)muctit ,tcecmuctit. .th p��4 (4 my� p�t�,lW� e fleElfifigs.
25 C��u�� u�u����t ....p_1 � p... or p....
26p� p�tix � pu .
27 (2) Notice of Meeting. The community meeting shall be noticed at least 15 days prior to the
28 meeting date by advertisement in a Monroe County newspaper of general circulation,
29 mailing of notice to surrounding property owners, and posting of the subject property, in
30 accordance with Section 110-5.
31 (3) Noticing and Advertising Costs. The applicant shall pay the cost of the public notice and
32 advertising for the community meeting and provide proof of proper notice to the Planning
33 Director.
34 (4) The community meeting shall be facilitated by a representative from the Monroe County
35 Planning & Environmental Resources Department and the applicant shall be present at the
36 meeting.
37 Sec. 110-70. Major Conditional Uses.
38 ******
39 (b) "am m rm luiir iyMeeting: 1 he apppHcatit.... ffl irl4ig „1, urectpp c
u �c„ pppu � p➢gyp gip.. , thep �� pppp puuuua:p�up uutu � p�� c1rc tpp 40 �p g g g .. � tuuu� �t���p p.p�c�ttu��t�....
��p .
BOCC SR 12.10.2025 Page 3 of 9
Planning and Environmental Resources Department File No.2025-038
3392
I 111��i!n2s are to be lidd on a weekda a pocat�oti C ose to th 01
2 prior to the 1)evek)Pnl�iii k l ew Conlnl�ttee rev ew of the 111W�2�
3 (b ) Review by the Development Review Committee (DRC). An application for a major conditional
4 use permit shall be reviewed by the DRC. The DRC shall give comments to the applicant,
5 responsible staff and the Planning Director. Within 60 days of the meeting or within 60 days after
6 any additional information required from the applicant is furnished or� wY444n-64-<Iay*� `a
7 ,the department shall provide for advertisement of the required public
8 hearing by the Planning Commission.
9 (e�l) Public hearing on an application for a major conditional use permit. The appkeafft-4+a4
10 prov�de 1�'or a-Cloffi+min4y N4eetiflg atid-�Iayq J')Fior to the plantling -SS4)t+_! � _! Coffiffli
11 heflr�iflg7 41 The Planning Commission shall hold a public hearing
12 on the application for a major conditional use permit and shall issue a development order granting,
13 granting with conditions or denying the application for a major conditional use permit within 60
14 days of the public hearing by the Planning Commission,with the exception of any application where
15 a condition has been imposed that must be satisfied prior to the issuance of a development order
16 approving the major conditional use permit, in which case the development order shall be issued
17 within 30 days after receipt of proof of satisfaction of the condition. The applicant shall provide
18 any additional information to satisfy a condition required by the Planning Commission within one
19 (1) year of the date of the Planning Commission meeting when the application was considered. If
20 such information is not received within this timeframe, the application will be deemed withdrawn.
21 (de) Appeal of a major conditional use decision by the Planning Commission. The applicant, an
22 adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. §
23 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted
24 pursuant to subsection (c) of this section may request an appeal of the Planning Commission's
25 decision under chapter 102, article VI, division 2 by filing the notice required by that article within
26 30 days of the written decision of the Planning Commission.
27
28
29 IV. ANALYSIS OF PROPOSED AMENDMENT:
30
31 The proposed amendment streamlines the processing timeline of applications which require a
32 community meeting, by amending the Land Development Code to require said community meetings be
33 held prior to the application be considered by the Development Review Committee rather than tying
34 community meetings to a timeline that varies from 45 days to three months prior to the first public
35 hearing. The first public hearing in the approval process for the affected application types is the Planning
36 Commission Meeting.
37
38 Additionally, based on Planning and Environmental Resources Department records, the majority of the
39 Community Meetings are being held via Communications Media Technology,through Zoom. Therefore,
40 professional staff also recommend that this text amendment clarify that meetings can be held in-person
41 or by electronic means.
42
43
BOCC SR 12.10.2025 Page 4 of 9
Planning and Environmental Resources Department File No.2025-038 3393
I V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE:
2
3 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
4 158(d)(7)(b):
5
6 1. Changed projections (e.g., regarding public service needs) from those on which the text or
7 boundary was based: N/A
8
9 2. Changed assumptions (e.g., regarding demographic trends): N/A
10
11 3. Data errors, including errors in mapping, vegetative types and natural features described in
12 volume 1 of the plan: N/A
13
14 4. New issues:
15
16 Community Meetings were first introduced as a requirement in order to support the public
17 participation of development applications and text and map amendments through the Land
18 Development Code update that took place in 2016. The current requirements for community
19 meetings, as adopted in 2016, include a specific timeframe for a community meeting must be
20 held prior to an application type scheduled for its first public hearing.
21
22 Often times applications are presented at a community meeting early in the review process.
23 There are many factors and variables that can result in the need to amend an application or
24 reschedule a meeting including but not limited to: design changes to address compliance with
25 the LDC and Comprehensive Plan, public input, hurricanes, etc. Staff have observed multiple
26 occasions when a second community meeting is necessitated, due to the need to comply with
27 the application specific window of time between the community meeting and public hearing
28 (either 45-120 days OR 3 months). The elimination of the required timeframe between the
29 community meeting and first public hearing provides for a more efficient application process,
30 while still allowing for and encouraging public participation.
31
32 5. Recognition of a need for additional detail or comprehensiveness: N/A
33
34 6. Data updates: N/A
35
36 In no event shall an amendment be approved which will result in an adverse community change
37 to the planning area in which the proposed development is located or to any area in accordance
38 with a Livable CommuniKeys Master Plan pursuant to findings of the Board of County
39 Commissioners.
40
41 The proposed text amendment is not anticipated to result in an adverse community change.
42
43 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
44 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES:
45
46 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
47 County 2030 Comprehensive Plan. Specifically,it furthers:
BOCC SR 12.10.2025 Page 5 of 9
Planning and Environmental Resources Department File No.2025-038
3394
I GOAL 1302
2 Monroe County shall increase the participation of the citizens of the County and government related
3 entities that operate within the County in the comprehensive planning and growth management
4 process.
5
6 Obiective 1302.1
7 Monroe County shall provide for and facilitate public participation and awareness in the comprehensive
8 planning process. Pursuant to Section 163.3181, F.S., Monroe County shall maintain procedures
9 designed to provide effective public participation and to provide real property owners with notice of all
10 official actions which will regulate the use of their property.
11 5.0 -PUBLIC PARTICIPATION AND COMMENT
12 These public participation procedures are developed to meet the requirements of Chapter 163.3181,
13 Florida Statutes, as amended. This section of State law requires adoption of public participation
14 procedures designed to provide effective public participation in the comprehensive planning process
15 and providing real property owners with notice of all official actions that will regulate the use of
16 their property. The following public participation procedures, in addition to any other procedures
17 required by statute, may be followed when an amendment to the Comprehensive Plan (the Plan) is
18 proposed:
19 • Assure advertisements are placed in local newspapers and other media in accordance with
20 State law;
21 • Provide flyers at the Government Centers and other prominent public locations;
22 • Provide sign-up sheets at meetings to create a database of meeting attendees for future email
23 communication;
24 • Provide opportunities for written comments from citizens and other interested parties;
25 • Prepare newspaper articles and press releases;
26 • Post information through social media;
27 • Assure draft documents are made available at the Government Centers and on the County
28 website;
29 • Post applications on the County website; and
30 • Facilitate public meetings to discuss Plan amendments.
31 B. The amendment is consistent with the Principles for Guiding Development in the Florida Keys
32 Area of Critical State Concern, Section 380.0552(7), Florida Statutes.
33 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
34 principles for guiding development and any amendments to the principles, the principles shall be
35 construed as a whole and no specific provision shall be construed or applied in isolation from the other
36 provisions.
37
38 (a) Strengthening local government capabilities for managing land use and development so that local
39 government is able to achieve these objectives without continuing the area of critical state
40 concern designation.
41 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
42 beds, wetlands, fish and wildlife, and their habitat.
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I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,
3 wildlife, and their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
5 development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
7 Keys.
8 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,
9 and ensuring that development is compatible with the unique historic character of the Florida
10 Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
13 major public investments, including:
14 1. The Florida Keys Aqueduct and water supply facilities;
15 2. Sewage collection, treatment, and disposal facilities;
16 3. Solid waste treatment, collection, and disposal facilities;
17 4. Key West Naval Air Station and other military facilities;
18 5. Transportation facilities;
19 6. Federal parks, wildlife refuges, and marine sanctuaries;
20 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
21 8. City electric service and the Florida Keys Electric Co-op; and
22 9. Other utilities, as appropriate.
23 (i) Protecting and improving water quality by providing for the construction, operation,
24 maintenance, and replacement of stormwater management facilities; central sewage collection;
25 treatment and disposal facilities; and the installation and proper operation and maintenance of
26 onsite sewage treatment and disposal systems.
27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
28 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
29 403.086(10), as applicable, and by directing growth to areas served by central wastewater
30 treatment facilities through permit allocation systems.
31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
32 Keys.
33 (1) Making available adequate affordable housing for all sectors of the population of the Florida
34 Keys.
35 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
36 natural or manmade disaster and for a post disaster reconstruction plan.
37 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
38 maintaining the Florida Keys as a unique Florida resource.
39
40 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
41 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
42
43 C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute("F.S.").
44 Specifically, the amendment furthers:
45
46 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and
47 enhance present advantages; encourage the most appropriate use of land, water, and resources,
48 consistent with the public interest; overcome present handicaps; and deal effectively with future
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I problems that may result from the use and development of land within their jurisdictions. Through
2 the process of comprehensive planning, it is intended that units of local government can preserve,
3 promote, protect, and improve the public health, safety, comfort, good order, appearance,
4 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and
5 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities, housing,
6 and other requirements and services; and conserve, develop, utilize, and protect natural resources
7 within their jurisdictions.
8
9 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal
10 status set out in this act and that no public or private development shall be permitted except in
11 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
12 conformity with this act.
13
14 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and
15 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
16 development of the area that reflects community commitments to implement the plan and its
17 elements. These principles and strategies shall guide future decisions in a consistent manner and
18 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
19 of the comprehensive plan containing the principles and strategies, generally provided as goals,
20 objectives, and policies, shall describe how the local government's programs, activities, and land
21 development regulations will be initiated, modified, or continued to implement the comprehensive
22 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing
23 regulations in the comprehensive plan but rather to require identification of those programs,
24 activities, and land development regulations that will be part of the strategy for implementing the
25 comprehensive plan and the principles that describe how the programs, activities, and land
26 development regulations will be carried out. The plan shall establish meaningful and predictable
27 standards for the use and development of land and provide meaningful guidelines for the content of
28 more detailed land development and use regulations.
29
30 163.3181, F.S.: Public participation in the comprehensive planning process; intent; alternative
31 dispute resolution.
32 (1) It is the intent of the Legislature that the public participate in the comprehensive planning
33 process to the fullest extent possible. Towards this end, local planning agencies and local
34 governmental units are directed to adopt procedures designed to provide effective public
35 participation in the comprehensive planning process and to provide real property owners with
36 notice of all official actions which will regulate the use of their property. The provisions and
37 procedures required in this act are set out as the minimum requirements towards this end.
38 (2) During consideration of the proposed plan or amendments thereto by the local planning
39 agency or by the local governing body, the procedures shall provide for broad dissemination
40 of the proposals and alternatives, opportunity for written comments, public hearings as
41 provided herein, provisions for open discussion, communications programs, information
42 services, and consideration of and response to public comments.
43
44 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory
45 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
46 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
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I development of lands and waters within an area. It is the intent of this act that the adoption and
2 enforcement by a governing body of regulations for the development of land or the adoption and
3 enforcement by a governing body of a land development code for an area shall be based on,be related
4 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
5
6 VIL PROCESS:
7
8 Land Development Code amendments may be proposed by the Board of County Commissioners, the
9 Planning Commission, the Director of Planning, or the owner or other person having a contractual
10 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
11 process applications as they are received and pass them onto the Development Review Committee and
12 the Planning Commission.
13
14 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
15 the application, the reports and recommendations of the Department of Planning & Environmental
16 Resources and the Development Review Committee and the testimony given at the public hearing. The
17 Planning Commission shall submit its recommendations and findings to the Board of County
18 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
19 amendment, and considers the staff report, staff recommendation, Planning Commission
20 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
21 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
22
23 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
24 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public
25 hearings on the proposed ordinance.
26
27 VIIL PROFESSIONAL STAFF RECOMMENDATION:
28 Professional staff recommends approval of the proposed amendment to Sections 102-159, 110-3, and
29 110-70 of the Monroe County Land Development Code to revise the requirement for a community
30 meeting, as requested by the BOCC at its February 19, 2025, regular public meeting.
31 IX. EXHIBITS
32
33 1. Ordinance
34
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