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02/28/1989 Public Hearing 00 047 Public Hearing/Special Meeting Board of County Commissioners Tuesday, February 28, 1989 Key Colony Beach A Special Meeting/Public Hearing of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Key Colony Beach City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner John Stormont, and Mayor Michael Puto. Absent from the meeting was Commissioner Lytton. Also present were Rosalie L. Connolly, Deputy Clerk; Garth Coller, Assistant County Attorney; Donald Craig, Director - Growth Management Division; members of the County Planning Staff; members of the Press and Radio; and the general public. Garth Coller, Assistant County Attorney, addressed the Board concerning procedures and the provisions of the law concerning those who wished to produce a record for possible appeal. Donald Craig, Division Director/Growth Management, addressed the Board concerning the process to be followed in the Amendment Hearings. 1_.'" The Board publicly announced that the following items would be considered as "Bulk Approval" items at the end of the meeting...all accepted as recommended by the Planning Commission for approval: STM 1, 3, 4, 5, 6, 7, 8, 10, 13, 15, 17, 18, 19, 20, 21, 22, 23, 25, 26., 27, 28, 29, 30, 31, 34, 35, 36, 37, 40, 41, 43, 44, 45, 46, 47, 48, 50, 51, 52, 54, 56, 57, 58, 59, 60, 61, 62, 64. STM 2 Amending Section 9.5-4(A- ), Monroe County Code, in order to provide for a definition of Agricultural Lands which shall mean lands so classified in accordance with Section 193.461, F.S.; TO READ AS FOLLOWS: "Agricultural Lands: Lands classified as agricultural by the Monroe County Property Appraiser in accordance with Section 193.461, F.S., for agricultural uses, including forest management." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: change the period at the end of the sentence to a comma and insert the following: "and agricultural uses under the Comprehensive Plan." Motion carried unanimously. STM 9 Amending Section 9.5-4(C- ), Monroe County Code, in order to provide a definitnion of Cut and Fill which shall mean removal of soil or sediment from one to another location; TO READ AS FOLLOWS: "Cut and Fill: Removal of soil or sed- iment by any means from one area and deposition of said soil or sediment in another area. Also, the removal of sediment from one area and deposition of new soil in that area." 00 048 Motion was made by Commissioner stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend so as to read as follows: "Cut and Fill: Removal of surface and sub-surface materials by any means from one area and deposition of said materials in another area. Also, the removal of surface and sub-surface materials from one area and deposition of materials in that area." Motion carried unanimously. STM 11 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Discharge, Direct which shall mean discharge stormwater through a control structure; TO READ AS FOLLOWS: "Discharge, Direct: Discharge of storm- water through a control structure to the receiving water body." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval. Motion carried unanimously. STM 12 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Discharge Structure which shall mean a device through or over which water is released from a stormwater management structure; TO READ AS FOLLOWS: "Discharge Structure: A structural device through or over which water is released from a stormwater management structure." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval. Motion carried unanimously. STM 14 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Drainage which shall mean removal of water from an area to lower the water level; TO READ AS FOLLOWS: "Drainage: Removal of water from an area to lower the water level." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: add the following words at the end of the sentence: "...of that area." Motion carried unanimously. STM 16 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Drawdown which shall mean difference in water table level at a well head and far from it; TO READ AS FOLLOWS: "Drawdown: Difference in water table level at a wellhead and far from it." 00 049 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: delete everything after the words "table level" and insert in lieu thereof the following: "between a wellhead and any distance from it." Motion carried unanimously. -." I STM 24 Amending Section 9.5-4(F- ), Monroe County Code, in order to provide for a definition of Frequency which shall mean the statistically projected storm event; TO READ AS FOLLOWS: "Frequency: The statistically anticipated return period of a storm event (e.g., 25-year storm)." Motion was made by Commission.er Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: delete the word "statistically" before the word "anticipated"; insert the word "cyclic" between the words "anticipated" and "return". Motion carried unanimously. STM 32 Amending Section 9.5-4(I- ), Monroe County Code, in order to provide for a definition of Isolated Wetlands which shall mean areas dominated by wetland plant species pursuant to F.A.C. Rule 17-4.022 exclusive of provisions requiring continuity with surface waters as defined in Section 403.031, F.S.; TO READ AS FOLLOWS: r "Isolated Wetlands: Those areas dominated by wetland plant species pursuant to Rule 17-4.022, F.A.C., exclusive of provisions requiring continuity with surface waters as defined in Section 403.031, F.S." Al Fried addressed the Board. Motion was made by Commissioner Stormon.t and seconded by Commissioner Jones to accept the Planning Commission's recommendation for appro- val. Motion carried unanimously. STM 33 Amending Section 9.5-4-(L- ), Monroe County Code, in order to provide for the definition of Land which shall mean the earth lying above mean high tide for land subject to tidal inundation and mean high water for freshwater bodies of water; TO READ AS FOLLOWS: "Land: The earth that lies above high mean high tide for lands subject to tidal inundation and mean high water for fresh- water bodies of water." Al Fried addressed the Board. Motion was made by Commissioner Jones to delete this amendment. Motion died for lack of a second. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept Staff recommendation for denial inasmuch as the definition is already in existence. George Kundtz addressed the Board. Motion carried unanimously. STM 38 Amending Section 9.5-4(P- ), Monroe County COde, in order to provide for a definition of Predevelopment 00 050 Condition For Stormwater Runoff which shall mean topography, vegetation, rate, volume, direction and pollution load of surface or groundwater flow existing immediately prior to development; TO READ AS FOLLOWS: "Predevelopment Condition For Stormwater Runoff: Topography, vegetation, rate, volume, direction and pollution load of surface or groundwater flow existing immediately prior to development." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval. Motion carried unanimously. STM 39 Amending Section 9.5-4(P- ), Monroe County Code, in order to provide for a definition of project which shall mean improvements to a site proposed on a particular land area which may be part of a common plan of development; improvements shall include the subdivision of land; TO READ AS FOLLOWS: "Project: Improvements to a site proposed on a particular land area which may be part of a common plan of develop- ment. Improvements shall include the subdivision of land." Al Fried addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept the Planning Commission's recommendation for appro- val. Motion carried unanimously. l STM 42 Amending Section 9.5-4(R- ), Monroe County Code, in order to provide for a definition of Receiving Body Of Water which shall mean waterbody, water course, or wetland to which surface water flows; TO READ AS FOLLOWS: "Receiving Body Of Water: Waterbody, water course, or wetland to which surface water flow." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: insert the words "or discharge" between the words "surface" and "water"; change the word "flow" to the word "flows". Motion carried unanimously. STM 49 Amending Section 9.5-4(S- ), Monroe County Code, in order to provide for a defnition of Storm Event which shall mean the occurance of a rainfall or specified fre- quency and duration, e.g. 25-year and 3-day storms; TO READ AS FOLLOWS: "Storm Event: The occurance of a rainfall of specified frequency and duration, e.g. 25-year and 3-day storm." Motion was made by Commissioner Harvey and seconded by Commissioner Jones to accept the recommendation of the Planning Commission for approval but to amend as follows: 00 051 change the word "and" to the word "or" wherever it appears above. Motion carried unanimously. _.~ I STM 53 Amending Section 9.5-4Cs- ), Monroe County Code, in order to provide for a definition of Surface Water which shall mean a natural or artificial water course, lake, pond, bay, bayou, and coastal waters of Monroe County extending to a landward limit defined by Rule 17-4.022, F.A.C., and Section 403.031, F.S., as well as isolated wetlands not con- nected to waters of the State; TO READ AS FOLLOWS: "Surface Water: See Waterbody." Al Fried addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to accept the Planning Commission's recommendation for appro- val. Motion carried unanimously. STM 55 Amending Section 9.5-4(W- ), Monroe County COde, in order to provide for a definition of Waterbody or Surface Water which shall mean a natural or artificial water course, lake, pond, bay, bayou, and coastal waters of Monroe County extending to a landward limit defined by Rule 17-4.022, F.A.C., and Section 403.031, F.S., as well as iso- lated wetlands not connected to waters of the State; TO READ AS FOLLOWS: . "Waterbody or Surface Water: A natural or artificial watercourse, lake, pond, bay, bayou, and coastal waters of Monroe County extending to a landward limit defined by Rule 17-4.022, F.A.C., and Section 403.031, F.S., as well as isolated wetlands not connected to waters of the State." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend by deleting the words "lake" and "bayou". Motion was then made by Commissioner Harvey and seconded by Mayor Puto to amend the foregoing motion to also delete the last phrase as follows: "... , as well as isolated wetlands not connected to waters of the State." Roll call vote on the motion to amend was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes NO Yes Motion carried. Roll call vote on the original motion as amended as taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes NO Yes Motion carried. STM 63 Amending Section 9.5-4CW- ), Monroe County Code, in order to provide for a definition of Wet Season Water Table which shall mean the groundwater level during the time 00 052 of year when the greatest amount of rainfall normally occurs; TO READ AS FOLLOWS: "Wet Season water Table: The groundwater level during the time of year when the greatest amount of rainfall normally occurs." After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval. Motion carried unanimously. BULK APPROVAL Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following items by unani- mous consent: STM 1 Amending Section 9.5-4(A- ), Monroe County Code, in order to provide for a definition of Adverse Impacts, Stormwater Management which shall mean modifications, alterations, or effects on ground or surface waters or wetlands; TO READ AS FOLLOWS: "Adverse Impacts, Stormwater Management: Modifications, alterations, or effects on ground or surface waters or wetlands, including quality, quantity, hydrodynamics (i.e., currents, flow patterns), surface area, species composition, living resources, or usefulness which are or may be potentially harmful to human health and safety, to biological productivity or stability, or which interfere with lawful enjoyment of life or property, including secondary, cumulative, and direct impacts." Accept recommendation of Planning Commission for approval. STM 3 Amending Section 9.5-4(A- ), Monroe County Code, in order to provide for a definition of Aquifer which shall mean underground formation yield salt or fresh water; TO READ AS FOLLOWS: "Aquifer: underground formation permeable enough to transmit, store, or yield quantities of salt or fresh water." Accept Planning Commission's recommendation for approval. STM 4 Amending Section 9.5-4(B ), Monroe County Code, in order to provide for a definition of Best Management Practices, Stormwater Management which shall mean methods for treating stormwater runoff; TO READ AS FOLLOWS: "Best Management Practices, Stormwater Management: Those methods of stormwater management recognized by experts in the field as the most effective for treating stormwater runoff." 00 053 Accept Planning Commission's recommendation for approval. ...... , I STM 5 Amending Section 9.5-4(C- ), Monroe County Code, in order to provide for a definition of Clearing and Grubbing which small mean removal or significant disturbance of vegetation or soil manipulation; TO READ AS FOLLOWS: "Clearing and Grubbing: Clearing of land, including clearing or removal of vegetation and including any significant disturbances or vegetation or substrate (soil) manipula- tion. Clearing is a development activity as defined by Monre County Code 9.5-4." Accept Planning Commission's recommendation for approval. STM 6 Amending Section 9.5-4(C ), Monroe County Code, in order to provide for a definition of Construction, Stormwater Management which shall mean changes of natural drainage patterns due to on-site activity; TO READ AS FOLLOWS: "Construction, Stormwater Management: Anyon-site activity which will result in the change of natural drainage patterns and will require the creation of a new stormwater management system." ~ I ' I I I Accept Planning Commission's recommendation for approval. STM 7 Amending Section 9.5-4(C- ), Monroe County Code, in order to provide for a definition of Control Elevation which shall mean lowest point above sea level at which water can be reased; TO READ AS FOLLOWS: "Control Elevation: The lowest point above sea level at which water can be released through the control structure." Accept Planning Commission's recommendation for approval. STM 8 Amending Section 9.5-4(C- ), Monroe County Code, in order to provide for a definition of Control Structure which shall mean element of a discharge structure that gra- dually releases water; TO READ AS FOLLOWS: "Control Structure: Element of a dis- charge structure which allows the gradual release of water under controlled condi- tions." Accept Planning Commission's recommendation for approval. STM 10 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Detention which shall mean delay of stormwater runoff prior to discharge; TO READ AS FOLLOWS: I 00 054 "Detention: The delay of stormwater runoff prior to discharge into receiving waters." Accept Planning Commission's recommendation for approval. STM 13 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Drain which shall mean a channel, pipe, or duct for conveying water; TO READ AS FOLLOWS: "Drain: A channel, pipe or duct for conveying water." Accept Planning Commission's recommendation for approval. STM 15 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Drainage Basin which shall mean a catchment area which is otherwise draining to a lower level; TO READ AS FOLLOWS: "Drainage Basin: A catchment area which is otherwise draining to a watercourse or contributing flow to a body of water." Accept Planning Commission's recommendation for approval. STM 17 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Dredging which shall mean excavation below water level or in wetlands; TO READ AS FOLLOWS: r i "Dredging: Excavation below water level or in wetlands." Accept Planning Commission's recommendation for approval. STM 18 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Dry Detention which shall mean delay of stormwater runoff in a structure with a bottom elevation above the water table or control elevation; TO READ AS FOLLOWS: "Dry Detention: Delay of stormwater runoff prior to discharge into receiving waters in a structure with a bottom elevation above the water table or control elevation." Accept Planning Commission's recommendation for approval. STM 19 Amending Section 9.5-4(D- ), Monroe County Code, in order to provide for a definition of Dry Retention which shall mean prevention of stormwater runoff from direct discharge in a structure above the water table or control elevation; TO READ AS FOLLOWS: 00 055 "Dry Retention: The prevention of stormwater runoff from direct discharge into receiving waters in a structure with a bottom elevation above the water table or control elevation." Accept Planning Commission's recommendation for approval. STM 20 Amending Section 9.5-4(E- ), Monroe County Code, in order to provide for a definition of Erosion which shall mean washing away or scouring of soil by water or wind action; TO READ AS FOLLOWS: "Erosion: The washing away or scouring of soil by water or wind action." Accept Planing Commission's recommendation for approval. STM 21 Amending Section 9.5-4(E- ), Monroe County Code, in order to provide for a definition of Existing which shall mean the condition immediately before development or redeve- lopment occurs; TO READ AS FOLLOWS: "Existing: The condition immediately before development or redevelopment occurs." ..... Accept Planning Commission's recommendation for approval. STM 22 Amending Section 9.5-4(F- ), Monroe County Code, in order to provide for a definition of Fill which shall mean material deposited on land or in water; TO READ AS FOLLOWS: "Fill: Material, consolidated or unconsolidated, deposited on land or in water." Accept Planning Commission's recommendation for approval. STM 23 Amending Section 9.5-4(F- ), Monroe County Code, in order to provide for a definition of Flood or Flooding which shall mean inundation of dry land from overflow of tidal water or rapid accumulation of stormwater runoff; TO READ AS FOLLOWS: "Flood of Flooding: A general and temp- orary condition of partial or complete inundation of normally dry land areas resulting from the overflow of tidal waters or the unusual and rapid accumula- tion of stormwater runoff of waters from any surface." Accept Planning Commission's recommendation for approval. STM 25 Amending Section 9.5-4(F- ), Monroe County Code, in order to provide for a defnition of Freshwater Lens which I 00 056 shall mean freshwater aquifer at the top of the water table; TO READ AS FOLLOWS: "Freshwater Lens: A freshwater aquifer at the top of the water table overlying a saline aquifer." Accept Planning Commission's recommendation for approval. ~ ! STM 26 Amending Section 9.5-4(G- ), Monroe County Code, in order to provide for a definition of Groundwater which shall mean watet beneath the ground surface; TO READ AS FOLLOWS: "Groundwater: Water beneath the surface of the ground." Accept Planning Commission's recommendation for approval. STM 27 Amending Section 9.5-4(H- ), Monroe County Code, in order to provide for a new definition of Hydrograph which shall mean graphic representation of discharge water flow ra te; TO READ AS FOLLOWS: "Hydrograph: A graph of flow rate of discharge." Accept Planning Commission's recommendation for approval. STM 28 Amending Section 9.5-4(H- ), Monroe County Code, in order to provide for a definition of Hydrographic Cycle which shall mean the cycle of evaporation and precipitation of moisture between earth and atmosphere; TO READ AS FOLLOWS: "Hydrologic Cycle: The cycle of evapora- tion and precipitation of moisture between the earth and the atmosphere." Accept Planning Commission's recommendation for approval. STM 29 Amending Section 9.5-4(H- ), Monroe County Code, in order to provide for a definition of Hydroperiod whicch shall mean the cyclic changes in water of a wetland or deep water habitat; TO READ AS FOLLOWS: "Hydroperiod: the cyclic changes (daily or seasonal) in the amount of water in a wetland or deep water habitat." Accept Planning Commission's recommendation for approval. STM 30 Amending Section 9.5-4(I- ), Monroe County Code, in order to provide for a definition of Impervious Surface which shall mean a surface that prevents the penetration of wa ter ; TO READ AS FOLLOWS: 00 057 "Impervious Surface: A surface which does not allow, or minimally allows, the penetration of water; included as examples are building roofs, normal concrete and asphalt pavements, and some fine grained soils, such as clays." Accept Planning Commission's recommendation for approval. STM 31 Amending Section 9.5-4CI- ), Monroe County Code, in order to provide for a definition of Indirect Discharge which shall mean release of stormwater from a system by means other than a control structure; TO READ AS FOLLOWS: "Indirect Discharge: Release of storm- water from a system by means other than a control structure (e.g., spreader swale, sheet flow)." Accept Planning Commission's recommendation for approval. STM 34 Amending Section 9.5-4(M- ), Monroe County Code, in order to provide for a definition of Maintenance which shall mean action taken to restore or preserve the func- tional intent of any facility or system; TO READ AS FOLLOWS: "Maintenance: That action taken to restore or preserve the functional intent of any facility or system." Accept Planning Commission's recommendation for approval. STM 35 Amending Section 9.5-4CN- ), Monroe County Code, in order to provide for a definition of Natural Biological Systems which shall mean those which predominantly consist of or use those plants, animals and bacteria which occur indigenously; TO READ AS FOLLOWS: "Natural Biological Systems: Systems which predominantly consist of or use those communities of plants, animals, and bacteria which occur indigenously on land, in the soil, or in the water." Accept Planning Commission's recommendation for approval. STM 36 Amending Section 9.5-4(N- ), Monroe County Code, in order to provide for a definition of Natural Water Flow Pattern which shall mean the rate, volume and direction of surface or groundwater flow occuring naturally; TO READ AS FOLLOWS: "Natural Water Flow Pattern: Rate, volume and direction of surface or ground water flow occuring under natural (daily and seasonal) conditions before development." Accept Planning Commission's recommendation for approval. I 00 058 STM 37 Amending Section 9.5-4CO- ), Monroe County Code, in order to provide for the definition of Operational Facility which shall mean an acceptance, legally-bound, responsible entity agreeing to operate and maintain the surface water management system; TO READ AS FOLLOWS: "Operational Entity: An acceptable, legally-bound, responsible entity which agrees to operate and maintain the surface water management system." Accept Planning Commission's recommendation for approval. STM 40 Amending Section 9.5-4CP- ), Monroe County Code, in order to provide for a definition of Project Initiation which shall mean all acts antecedent to actual construction activities and includes permit applications and development; TO READ AS FOLLOWS: "Project Initiation: All acts antecedent to actual construction activities and includes permit applications and develop- ment." Accept Planning Commission's recommendation for approval. STM 41 Amending Section 9.5-4CR- ), Monroe County Code, in order to provide for a definition of Rate which shall mean volume per uni t of time; TO READ AS FOLLOWS: "Rate: Volume per unit of time." Accept Planning Commission's recommendation for approval. STM 43 Amending Section 9.5-4CR- ), Monroe County Code, in order to provide for a definitnion of Recharge which shall mean refilling an aquifer by rainfall and infiltration either naturally or artificially; TO READ AS FOLLOWS: "Recharge: Refilling an aquifer by rainfall and infiltration either naturally or artificially." Accept Planning Commission's recommendation for approval. STM 44 Amending Section 9.5-4CR- ), Monroe County Code, in order to provide for a definition of Record Drawing, Stormwater Management which shall mean the system plans spe- cifying the locations, dimensions, elevations, capacities, and capabilities of structures or facilities for controlling runoff as they have been constructed as submitted by the project contractor or engineer, as appropriate; TO READ AS FOLLOWS: "Record Drawing, Stormwater Management: The system plays specifying the locations, dimensions, elevations, capacities, and capabilities of structures or facilities for controlling runoff as they have been 00 059 constructed as submitted by the project contractor or engineer, as appropriate." Accept Planning Commission's recommendation for approval. STM 45 Amending Section 9.5-4(R- ), Monroe County Code, in order to provide for a definition of Retention which shall mean the prevention of stormwater runoff from direct discharge into receiving waters; includes as examples are systems which discharge through percolation, exfiltration, filtered bleeddown and evaporation processes; TO READ AS FOLLOWS: "Retention: The prevention of stormwater runoff from direct discharge into receiving waters; included as examples are systems which discharge through percolation, ex- filtration, filtered bleeddown and evaporation processes." Accept Planning Commission's recommendation for approval. STM 46 Amending Section 9.5-4(R- ), Monroe County Code, in order to provide for a definition of Runoff Coefficient Cc) which shall mean the standardized factor from which runoff can be calculated; TO READ AS FOLLOWS: "Runoff Coefficient (c): Standardized factor from which runoff can be calculated." Accept Planning Commission's recommendation for approval. STM 47 Amending Section 9.5-4CS- ), Monroe County Code, in order to provide for a definition of Sediment which shall mean the solid material which subsides to the bottom of a water body; TO READ AS FOLLOWS: "Sediment: Solid material which subsides to the bottom of a water body." Accept Planning Commission's recommendation for approval. STM 48 Amending Section 9.5-4(S- ), Monroe County Code, om ptf in order to provide for a definition of Spreader Swale which shall mean a ditch positioned parallel to the receiving water body which allows for indirect discharge of stormwater in excess of the retained or detained volume; TO READ AS FOLLOWS: "Spreader Swale: A ditch positioned parallel to the receiving water body which allows for indirect discharge of stormwater in excess of the retained or detained volume." Accept Planning Commission's recommendation for approval. 00 060 I STM 50 Amending Section 9.5-4(S- ), Monroe County Code, in order to provide for a definition of Stormwater Runoff which shall mean that volume of rainfall which does not per- colate into the ground nor evaporate nor is intercepted before reaching the stormwater management system; TO READ AS FOLLOWS: "Stormwater Runoff: The volume of rain- fall which does not percolate into the ground, nor evaporate or is intercepted before reaching the stormwater managment system. " ,- i Accept Planning Commission's recommendation for approval. STM 51 Amending Section 9.5-4CS- ), Monroe County Code, in order to provide for a definition of Stormwater Management Plan which shall mean the detailed analysis describing how the rainfall control 'system for the proposed development has been planned, designed, and will be constructed to the meet the requirements of these regula- tions; TO READ AS FOLLOWS: "Stormwater Management Plan: The detailed analysis describing how the rainfall con- trol system for the proposed development has been planned, designed, and will be constructed to meet the requirements of these regulations." Accept Planning Commission's recommendation for approval. STM 52 Amending Section 9.5-4(S- ), Monroe County Code, in order to provide for a definition of Stormwater Management System which shall mean the natural and contructed features of the property which are designed to treat, collect, convey, channel, hold, inhibit, or diver the movement of surface water; TO READ AS FOLLOWS: "Stormwater Management System: The natural and constructed features of the property which are designed to treat, collect, convey, channel, hold, inhibit, or divert the movement of surface water." Accept Planning Commission's recommendation for approval. STM 54 Amending Section 9.5-4CS- ), Monroe County Code, in order to provide for a definition of Swale which shall mean a shallow, constructed ditch with the bottom above the water table; TO READ AS FOLLOWS: "Swale: A shallow constructed ditch with the bottom above the water table." Accept Planning Commission's recommendation for approval. STM 56 Amending Section 9.5-4(W- ), Monroe County Code, in order to provide for a definition of Water or Community 00 06 1 Water which shall mean all water on or beneath the surface of the ground, including the water in any watercourse, waterbody or wetland; TO READ AS FOLLOWS: "WaterCs) or Community Water: All water on or beneath the surface of the ground, including the water in any watercourse, waterbody or wetland." Accept Planning Commission's recommendation for approval. STM 57 Amending Section 9.5-4(W- ), Monroe County Code, in order to provide for a definition of Watershed which shall mean a catchment area which is otherwise draining to a watercourse or contributing flow to a body of water; TO READ AS FOLLOWS: .Watershed: A catchment area which is otherwise draining to a watercourse or contributing flow to a body of water." Accept Planning Commission's recommendation for approval. STM 58 Amending Section 9.5-4(W- ), Monroe County Code, in order to provide for a definition of Water Detention Facility which shall mean a stormwater management facility which provides for the delay of movement or flow of a spe- cified volume of stormwater for a specified period of time; TO READ AS FOLLOWS: .Water Detention Facility: A stormwater management facility which provides for the delay of movement or flow of a speci- fied volume of stormwater for a specified period of time." Accept Planning Commission's recommendation for approval. STM 59 Amending Section 9.5-4CW- ), Monroe County Code, in order to provide for a definition of Water Retention Facility which shall mean a stormwater management facility which provides for storage of a specified volume of storm- water without discharge from the retention structure; TO READ AS FOLLOWS: "Water Retention Facility: Stormwater management facility which provides for storage of a specified volume of storm- water without discharge from the retention structure." Accept Planning Commission's recommendation for approval. STM 60 Amending Section 9.5-4(W- ), Monroe County Code, in order to provide for a definition of Water Table which shall mean the boundary between the zone of saturation and the zone of aeration; it varies with such factors as tide and the amount of rainfall; TO READ AS FOLLOWS: 00 062 "Water Table: The boundary between the zone of saturation and the zone of aeration; it varies with such factors as tide and the amount of rainfall." Accept Planning Commission's recommendation for approval. STM 61 Amending Section 9.5-4(W- ), Monroe County Code, in order to provide for a definition of Wet Detention which shall mean the delay of stormwater runoff prior to discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation; TO READ AS FOLLOWS: "Wet Detention: Delay of stormwater runoff prior to discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation." Accept Planning Commission's recommendation for approval. STM 62 Amending Section 9.5-4CW- ), Monroe County Code, in order to provide for a definition of Wet Retention which shall mean the prevention of stormwater runoff from direct discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation; TO READ AS FOLLOWS: "Wet Retention: The prevention of stormwater runoff from direct discharge into receiving waters in a structure with a bottom elevation below the water table or control elevation." Accept Planning Commission's recommendation for approval. STM 64 Amending Section 9.5-4CW- ), Monroe County Code, in order to provide for a definition of Wetlands which shall mean those areas as specified in Section 403.911, F.S.; TO READ AS FOLLOWS: "Wetlands: As defined by Section 403.911, Florida Statutes." Accept Planning Commission's recommendation for approval. Motion carried unanimously. PD 143A Amending Section 9.5-45, Monroe County Code, in order to provide for published notices of amendments to the Text of the Monroe County Land Development Regulations may appear in the legal of nonlegal section of a newspaper of general County circulation; to provide for the elimina- tion of the requirement that properties that are to be the subject of a Public Hearing be posted with a notice of that hearing thirty days in advance; and to provide that the 00 063 names and addresses of property owners adjoining the pro- perty which is the subject of a Public Hearing for the pur- poses of mailed notice shall be those revealed by the most recent list in the Property Appraiser's office; amending Section 9.5-5ll(d)C3), Monroe County Code, in order to require that the thirty-day notice published in the nonlegal section of a newspaper of general County circulation applies to proposed amendments to the Monroe County Land Use District Maps but not to proposed amendments to the Monroe County Land Development Regulations; to provide for the eli- mination of the requirement that property which is the sub- ject of a Land Use District Map amendment shall be posted with a notice of the amendment hearing thirty days in advan- ce; to provide that notice of a Public Hearing for an amend- ment to the Text of the Land Development Regulations shall be published in a newspaper of general County circulation fifteen days in advance of the hearing - excluding Sundays and holidays - in either the legal or nonlegal sections of the newspaper; and to provide for the contents of the published notice. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the following subsections of Section 9.5-45: "(b) Publication: Notice of public hearings shall be given at least thirty (30) days in advance of the hearing date by publication in the nonlegal section of the local newspapers of greatest general circulation in the Lower, Middle and Upper Keys of Monroe County except, however, that the notice for amendments to the text of these regulations shall be given at least fifteen days - excluding Sundays and holidays - in advance of the hearing by publication in either the legal or nonlegal section of the local newspapers of greatest general circula- tion in the Lower, Middle and Upper Keys of Monroe County." "Cd) Mailing of notice: Notice of a public hearing to consider a major conditional use shall be mailed by the county to all owners of real property located within three hundred (300) feet of the property proposed to be developed as a major conditional use, including any residents of the parcel proposed for development, at least thirty (30) days prior to a public hearing. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser's Office, shall be provided by the applicant with an applica- tion for development approval." "(f) Affidavit and photograph of notice: An affidavit and photographic evidence shall be provided by the applicant at the public hearing that the applicant has complied with the notice required by this section." Motion carried unanimously. 00 064 PD 144E Amending Section 9.5-495, Monroe County Code, in order to provide for an Affordable and Employee Housing Fair Share Impact Fee Trust Fund for paying the impact fees of connection of employee and affordable housing to the public services provided by FKAA, CES, FKEC, and for the cost of land infrastructure improvements for qualified affordable housing projects, and establishing authority for a fair share employee housing schedule. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to continue to March 21st. Motion carried unanimously. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. PD 145 Amending Section 9.5-5llCb), Monroe County Code, in order to provide for screening of proposed amendments to the Land Development Regulations by the Planning Director, eliminating from further staff processing those deemed fri- volous, repetitive, or clearly inconsistent with the Comprehensive Plan; modifying the amendment process to pre- sent proposed changes no less than twice or more than four times annually; TO READ AS FOLLOWS: "Cb) Authority: The board of county commissioners may amend the text of this chapter upon the compliance with the provisions of this article. Amendments may be proposed by the board of county commissioners, the planning commission, the director of planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The director of planning shall have the responsibility to establish the format by which applications can be submitted and shall have the authority to screen and limit those amendments which he finds are frivolous, repetitive, or clearly inconsistent with the goals, objectives and policies of the Florida Keys Comprehensive Plan." Al Fried addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept recommendation for approval but to amend as follows: delete the last sentence above and insert in lieu thereof the following: "The Director of Planning shall have the responsibility to establish the format as approved by the Board of County Commissioners by which applications can be submitted and shall have the authority to screen those amendments, processing only those which are presented on a complete application; and those deemed insufficient shall be returned to the applicant for correction and resubmittal within twenty-one (21) days." Motion carried unanimously. PD 146 Amending Section 9.5-5ll(c), Monroe County Code, in order to provide for accepting amendments to this chapter any time; for submitting proposed amendments to the 00 065 Planning Commission no more than quarterly nor less than biannually for ranking them and limiting their consideration by the Planning Commission and Board of County Commissioners to no more than 25 at anyone amendment period, for not limiting the consideration of Land Use District Map amend- ments, and for exempting Land Use District amendments involving Urban Mobile Home Districts in order to bring them into compliance with the Federal Emergency Management Administration (FEMA) Regulations; TO READ AS FOLLOWS: "(c) Timing: Except as provided in this section, proposed amendments shall be accepted for review and processing at any point in time by any of those parties having authority to propose amendments to this chapter. The planning director shall accumulate such proposed amendments and shall have the ability to present such proposed amendments to the planning commission not more than four (4) times a year and not less than two (2) times a year. The director of planning shall rank the submitted amendment applications according to their value in implementing the goals and policies of the comprehensive plan and their value in implementing the principles for guiding development. The board of county commissioners and the planning commission shall consider no more than twenty-five (25) of the ranked amendments at anyone of the amendment periods described above. There shall be no limit to the number of land use district map amendments that may be considered by the boards. (1) An exception to the timing procedure is provided for a one-time occurance. In recognition of the immediate requirement to amend URM districts in order to comply with FEMA regulations within a specified period of time, such amendments to the land use district maps may be taken out of the normal amendment sequence." Al Fried and Ken Metcalf of DCA addressed the Board. After lengthy discussion, motion was made by Commisisoner Harvey and seconded by Commissioner Jones to approve as follows: "Applications for Map and Text Amendments to the Land Use Regulations shall be accepted at any time. The Planning Director shall review and process the Map and Text Amendment applications as they are received and pass them on to the Development Review Committee and the Planning Commission for recommendation and final approval by the Board of County Commissioners." Roll call vote was unanimous. PD 147 Amending Section 9.5-511, Monroe County COde, in order to provide for limiting consideration of proposed amendments to the Text of the Land Use Regulations to no more than the first 25 proposals ranked according to their value in implementing the goals and policies of the 00 066 Comprehensive Plan; limiting Board of Commissioners' annual consideration to 25 Text amendment proposals quarterly; not restraining the number of Land Use District changes the Board may consider; TO READ AS FOLLOWS: See EXHIBIT A attached hereto and made a part hereof. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to amend as follows: Subparagraph (d) (1): "comprehensive land the words "land use thereof. delete the words use plan" and insert regulations" in lieu Delete subparagraph (2)b. Renumber Subparagraph (2)c to (2)b. Subparagraph (2)b(iii): add the word "or" at the end thereof. Subparagraph (3): delete the word "amendment" after the words "property owners"; and add the following sentence: "If the abutting property owners are the same as the applicant, then notice shall be given to the nearest abutting property owners who are not the applicant." Motion carried unanimously. PD 149 Amending Section 9.5-511, Monroe County Code, in order to provide for notice to both the affected pro- perty owners nad the general public of hearings of the Planning Commission and Board of County Commissioners of the proposed amendments to the Land Use District Maps, both for changes involving less than 5 percent, and 5 percent or more of the total County land area; the number of hearings required; the requirement of advertising in a local newspaper, the size and content of the advertisement, its exclusion from the newspaper's legal section; the sequencing and spacing of advertisements and hearings; the time of day for certain hearings; the criteria which the Board may con- sider in deciding whether to enact a change of a Land Use District designation by Ordinance; the requirement of vote of 4 County Commissioners when a proposed change is opposed by a sufficient number of citizens; discussion of what constitutes a quorum of County Commissioners hearing these proposed amendments; transmission of approved Map and Text amendments to the Stand Land Planning Agency; TO READ AS FOLLOWS: See EXHIBIT B attached hereto and made a part hereof Motion was made by Commissioner Stormont and seconded by Commissioner Jones to amend as follows: Insert the words "or description of subject matter" after the word "title" in the last sentence of Paragraph 3 a and delete the word "only" after the word "title" in that last sentence; 00 067 Insert the word "geographic" before the words "location map" in the next to the last sentence of Paragraph 3 b; Delete paragraph 4; Renumber Paragraph 5 to Paragraph 4; mark unnumbered first paragraph as "a" and insert the words "or description of sub- ject matter" after the word "title" in the second sentence thereof and delete the word "only"; Renumber Amendment PD 147 as appropriate; Motion carried unanimously. PD 150 Amending Section 9.5-51l(d)(3)b, Monroe County Code, in order to provide for the posting of property proposed for a change in Land Use District by the applicant seeking the change; TO READ AS FOLLOWS: "b. Posting of notice: At least thirty (30) days prior to any public hearing required under this section, the applicant shall post notice on the property in the case of zoning map amendments, that is the subject of the hearing, a sign or signs in accordance with requirements of Section 9.5-45. The applicant shall provide the county planning department with affidavits at this time with appropriate photographic evidence attached that the subject property was posted in accordance with these regula- tions. " Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve and have placed in the appropriate portion of 9.5-511 in properly renumbered sequence. Motion carried unanimously. PD 151 Amending Section 9.511(d)(5)c, Monroe County Code, in order to provide for a vote of four County Commissioners to amend a Land Use District designation of a certain pro- perty when 20 percent or more of adjacent property owners, extending 200 feet from the property borders, objects; TO READ AS FOLLOWS: "In the event of a written protest against such amendment signed by the owners of twenty percent (20%) or more of either of the area of the lots or land included in the proposed amendment of the lots or land adjacent to the property to be affected and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favor- able vote of four (4) members of the board of county commissioners." Motion was made by Commissioner Jones and seconded by Commissioner Stormont to deny. Motion carried unanimously. PD 152 Amending Section 9.5-51l(e), Monroe County Code, in order to provide for clarification of such typographical 00 068 or drafting errors as minor technical mistakes or obvious errors in words or numbers; documentation required in order to adopt such amendments; procedure not requiring posting or Public Hearing for adopting amendments not affecting Land Use District Map designations; TO READ AS FOLLOWS: "(e) Typographical or Drafting Errors: (a) Amendments to the text of the comprehensive plan to correct typo- graphical or text drafting errors may be adopted by the board of county commissioners without posted notice or public hearing at any regular meeting. The intent of this section is to allow amendments to this chapter of an obvious minor technical nature or where in- advertent errors in words or numbers are clearly apparent. Such corrections are necessary to bring the ordinance into conformity with the board of county commissioners' original language and intent. Proposals amending the text of this chapter must be supported by: a tape recording of the meeting at which the section of the chapter was adopted, or minutes of the county commission meeting, or other documentary evidence showing that the amendment is consistent with the intent of the commission. As long as the county is designated within an area of critical state concern, notice of such amendments shall be transmitted to the Florida Department of Community Affairs within thirty (30) days. (b) Amendment to the land use district maps to correct drafting line errors may be adopted by the board of county commissioners without posting notice or public hearing at any regular meeting, provided that no drafting line corrections are made which affect changes in land use district map designations." Motion was made by Commissioner Jones nad seconded by Commissioner Harvey to accept the Planning Commission's recommendation for approval. Motion carried unanimously. PD 152A Amending Section 9.5-511, Monroe County Code, in order to provide for a change in Section 9.5-511 to echo Florida Statute 163,3177 as to when zoning regulations the zoning map may be amended; TO READ AS FOLLOWS: "(f) Although labeled as Volume III, the land development regulations are the intended zoning regulations and zoning map for the county. As such they shall be eligible for amendment according to applicable state law (Florida Statute 163.3177) at any time or as specified in the land development regulations. They shall not be construed to be amendable only once or twice each year." Motion was made by Commissioner Jones and seconded by Com- missioner Harvey to accept the Planning Commission's recom- mendation for approval. Motion carried unanimously. 00 069 PD 153 Amending Section 9.5-52l(c), Monroe County Code, in order to provide for extension of the period when a notice of appeal of an administrative action may be filed; TO READ AS FOLLOWS: "(c) Procedures: A notice of appeal in the form prescribed by the director of planning must be filed with the county administrator and with the office or department rendering the decision, determination or interpretation within thirty (30) working days of the decision. Such notice shall be accompanied by the names and addresses of the owner, appli- cant, property owner, and adjacent property owners. The filing of such notice of appeal will require the administrative official whose decision is appealed to forward to the commission or board within five (5) working days any and all records concerning the subject matter of the appeal and to send written notice of the appeal to the owner, appli- cant, property owner, and adjacent property owners, if different from the person filing the appeal, within five (5) working days of receipt of the notice of appeal. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by an administrative official." Motion was made by Commisisoner Stormont and seconded by Commisisoner Jones to accept the Planning Commission's recommendation for approval. Motion carried unanimously. PD 153A Amending Section 9.5-521(d), Monroe County Code, in order to provide for mandatory Board of County Commissioners' review of any certification that to stay the administrative act would post imminent peril to life or pro- perty; TO READ AS FOLLOWS: "Cd) Effect of Filing an Appeal: The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the administrative official rendering such decision, determination or interpretation certifies in writing to the commission or the board and the applicant that a stay poses an imminent peril to life or prop- erty, in which case the appeal shall not stay further proceedings. The commission or board shall review such certification and deny a stay of the proceedings." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation for approval but to amend as follows: insert the words "all permit activity and" after the word "stay" at the end of the second line above; insert the words "permit activity and any" before the word "proceedings" at the end of the sentence. Motion carried unanimously. 00 070 PD 158 Amending Volume II, Chapter X, Section c,4, c, d, and e, Pages 241-243, Florida Keys Comprehensive Plan, in order to provide for the requirement of the Planning Commission and Board of County Commissioners to conduct their hearings in accordance with F.S. 163.3184(15), to require consideration of current capital facilities in their decision and consistency with F.S. 480.0552(7)(A)-(H) in adopting changes to the Plan, and to require at least a majority of the membership of the Board in order to amend the Plan, thereby strengthening the intent of both laws as implemented in the Comprehensive Plan; TO READ AS FOLLOWS: "The Planning Commission sitting as the local planning authority, and the Board of County Commissioners shall both conduct their respective hearings according to the procedure set forth in F.S. 163.3184(15). d. Action by Planning Commission. The Planning Commission shall review the application, the reports and recommenda- tions of the Department of Planning and the Development Review Committee, and the testimony given at the public hearing. e. Action by Board of County Commissioners following public hearings. Cl) The Board of County Commissioners shall consider the report and recommenda- tion of the Department of Planning, the Development Review Committee, and the Planning Commission and the testimony given at the public hearings. (2) The Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) changed projection Ce.g., regarding public needs) from those on which the text was based, in evaluating changed conditions the current capital facilities shall be considered probative; (ii) changed assumptions (e.g., regarding demographic trends); (iii) data errors, including errors in mapping, vegetative types and natural features described in Volume I of this Plan; Civ) new issues; (v) recognition of a need for addi- tional detail or comprehensive-, ness; (vi) data updates; Cvii) consisting with F.S. 380.0552(7) Ca)-(h) Provided however, that in no event shall an amendment be approved which will result in an adverse community change of the Planning Area in which the proposed development is located. (3) The board of county commissioners may adopt the proposed amendment or the proposed amendment as modified by not less than a majority of its total membership." Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to adopt amended as follows: insert the Sponsor's Name ~ ORDINANCE NO. -1988 PD147 .... AN ORDINANCE AMENDING SECTION 9.5-511, MONROE COUNTY CODE IN ORDER TO PROVIDE FOR LIMITING CONSIDERATION OF PROPOSED AMENDMENTS TO THE TEXT OF THE LAND USE REGULATIONS TO NO MORE THAN THE FIRST 25 PROPOSALS RANKED ACCORDING TO THEIR VALUE IN IMPLEMENTING THE GOALS AND POLICIES OF THE COMPREHENSIVE PLANj LIMITING BOARD OF COMMISSIONERS ANNUAL CONSIDERATION TO 25 TEXT AMENDMENT PROPOSALS QUARTERLYj NOT RESTRAINING THE NUMBER OF LAND USE DISTRICT CHANGES THE BOARD MAY CONSIDERj PROVIDING FOR SEVERABILITYj PROVID- ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: I.. Section 1. Section 9.5-511 , Monroe County Code, is hereby amended to read as follows: "Section 9.5-511. Amendments to these Regulations (a) Purpose. The purpose of this article is to provide a means of changing the text and district maps of this chapter.... (b) Authority. The Board of County Commissioners may amend the text anddistrict mapsof these regulations upon compliance with the provisions of the Article. (c) Timing (remains the same) \J (d) Procedures: (1) ,t~;~~~1~ ~1 ~.~ ,~~t~ ~t ~~~_~1 ~~~t~~t~_~t~, 'J~_t_~~~t~;t~_, ~t ,tt~~~~t ~t 'J~t_i. Proposals for amendments to text of the comprehensive land use plan. Propos- als t~t ~~_~~~_~s to amend the text of the comprehensive land use plan may be initiated by the board of county commission- ers as a body, th$ planning commission as a body, the direc- tor of planning, or any citizen includinst individual members of the board of county commissioners and the planninst cODlDission ~.~JJ ~~ ~t~~~t~~~ bv transmittinst the proposed amendments to the planning department and the development review committee for review and recommendation to the planning commission. (2.) Proposals for amendments to d~strict maps of the comprehen- sive land use plan. €X~/BIT A ;;;,'1);" . " :~~!~,,;^ ~~....' ~~~!:' o?~:?"-" I , ..,) a. Proposals by affected landowners. Any landowner or other persons having a contractual interest in property desiring to petition the board of county commissioners for an amendment to the land use district map shall be required to file an application with the director of planning accompanied by a nonrefundable appli- cation fee as established from time to dtime by the board of coun- ty commissioners to defray the actual cost of processing the appli- cation. The director of planning shall transmit the proposed amendment to the planning department and the development review committee for review and preparation of a recommendation to the planning commission. b. Proposals by citizens. Petition by orJtanizations leJtally representinJt more than 50% of property owners within a Jtiven area. or more than 50% of the property owners themselves within a Jtiven area. that have been submitted to the board of county commssioners for certification prior to submittal to the director of planninJt. shall be accompanied by an application for an amendment to the land use district map with the director of planninJt accompanied by a nonrefundable application fee as established from time to time by the board of county commissioners to defray the actual cost of processinJt the application. The director of planninJt shall trans- mit the proposed amendment to the planninJt department and the development review committee for review and preparation of a recom- mendation to the planninJt commission. ,~ c. Applicants must document one or more of the followinJt factors as part of their application demonstratinJt the need for and iusti- fication for consideration by the planninJt commission and the board of county commissioners. (i) ChanJted proiections concerninJt the immediate planninJt area in which the amendment is located. (ii) ChanJted as sUlllpt ions reJtardinJt demoJtraphic trends occurrinJt in the immediate planninJt area in which the amendment is located. (iii) Data errors involvinJt veJtetative types and natural features described in Volume I of the comprehensive land use plan. (iv) Recomition of a need for additional detail or COMPrehen- siveness concerninJt the properties involved in the propOsed amend- ment. (3) Public hearing(s). "The (ii) "t/>tl-t~)t p_)J.l-t~tl-r/J~ ~_~J.J. )~ ptr/JYI-~~~' t~ t_~ t~.~ r/Jt ~~~~~~~t~ tt/> t_~ J.~~ _~~ ~I-~; ttl-tt ;"~P' ~t J.~~~t t_l-ttt ~~t~t'/J'/Jl ~~t~ ptl-r/Jt tr/J ~t t~~_l-t~~ p_)J.U, _~~tl-~i #~ I-~ t_~ t~~~ r/Jt ~;..~~~"~tpf tr/J t_~ t,,~t t/>t t/>t t~l-~ t_~pt~t. ~t J.~~pft tl-tt~~~ t1.'1 ~~tpf ptl-r/Jt tr/J ~~t t~~_l-t~~ p~)J.l-t ~~~tl-~il ; " . , r,~~"!.J~;'J., k, ',,,,'." ~'~. , ~ ..,,,,,,~,.,.;(,,, l w' Notice of a proposed amendment to the proposed Land Use District Map shall also be made by reaistered mail to abuttina (touchina) property owners amendment within 30 days of any public hearina. (4) Action by planning commission. ~ The planning commission shall review the applications for text and land use district amendments. the reports and recommen- dations of the department of planning and the development review committee, and the testimony given at the public hearing, and shall submit its recommendations and findings for either arantina or denvin~ the proposed amendment to the board of county commis- sioners. b. Any recommendation for either ~rantin~ or denvin2 the pro- posed amendment bv the plannina' commission shall be by siDIPle ma iority except that approval or a proposed amendment shall not aiven except by the favorable vote of four (4) members of the plannina commission if a written protest is submitted aaainst such amendment sianed bv either: () ~'" ( 1) the owners of twenty percent (20%) or more of the area of the lots or land included in the proposed amendment. or (ii) the owners of twenty percent (20%) or mote of abuttinJt (touchina) lots or land to the proposed land use distrcit map amendment. or (iii) the owners of twenty percent (20%) or more of lots or land immediately ad ioinina the property to be affected and extendin2 two hundred (200) feet therefrom. (5) Actions by board of county commissioners following public hearing(s) . a. The board of county commissioners shall consider the report and recommendations of the of the 'department of planning, the development review committee, and the planning commission includ- ing the testimony given at the public hearings, in context of all of the criteria concernina the amendment to the text of the CODlPre- hensive land use plan or the district land use map before the plannina commission. " r~'f.; ;.' ; '~l , ....'/~1~.~.. ". ~ ";{', ~t,_~ {'.':;~i,:~: '''~~,'foi''')' ,v~""k_." :."~ ! ., b. The board of county commissioners may consider the" adoption of an ordinance enacting the proposed change, )sIi,l,!,l t6Jl t6Jl'! t6t r/1t6t,! 161 t~,! 1t611t6~~Jli 11i~tt6t,l. ~~liJli'!,l ~tt6A,!~ttt6~,l t'!lilJ t'!ilit,lt~i ~~)sJt~ ,l,!t1t~'! ~,!,!,l~J 1tt6r/1 t~t6,l,! t6Jl ~~t~~ t~,! t,!tt t6t )St6~Jl,ltf ~Ii,l )SIi_,!,l; tttJ ~~~i'!,l Ii_,l~ttI6~,l t'!ltlJ t'!ilit,lt~i ,l'!I6itli~~t~ tt,!~,l~t ttttJ ,llitli ,!ttt6t,lJ t~~1~,lt~i ,!ttt6t,l t~ j11i~pt~iJ 1'!i'!tlittf~ ttp~_ Ii~,l Jllit~tli1 1'!lit~t'!; ,l,!_~tt)S'!,l tJl 1t61~'! J 161 t~~ ']~t tt1J ~,!~ t,l,l~~_t .~VVgMi~iVK vi a DVVd fvy .ddi~ivKUi d~~.ii VY vv.~.~k~K~ vtv~K~..Y VY t1tJ ,llitli ~;,llit~,lt ;tt61t,l~,l ~t6~~1,!tl t~lit tJl Jlt6 ~1'!Jlt _~,tJJ ~ lij1'!Jl,lj1~Jlt )S~ lip~tI6;'!,l ~~t~~ ~tJJ t,!,l~Jt tJl ~ Ii,l1,!t_~ ~t6j1j1~ttf ~~~t,! 161 t~,! 'J~t~i ~t~Ii t~ w~t~~ t~'! ~tt6~t6_,!~ ,l'!1~Jt6~j1'!Jlt t; Jt6~lit,!,l1 l~ provided that written finding of fact are given if contrary to the findings of the planninJt commission in their review of the pro. posed amendment. . - ,~ '. c. In no event shall an amendment to the land use district map be approved which will result in an adverse community chanJte of the planninJt area in which the proposed amendment is located. ~I XJl t~~ '!1~~t 161 Ii ~tttt'!Jl ;tt6t,!~t litlitJl_t ;~~~ ,tr/1'!Jl,lf j1~~t ;ttJl~,l )Sf t~,! ~~t; t6t t~~_tf ~~t~~_t t~~%J t6t r/1t6t~ ~tt~~t 161 t~'! lit'!Ii t6t t~_ Jt6~t t6t J~,l tj1j1,!,ltlit'!Jf Ii,lAI6tJltJli t~~ ~tt6p,!ttf tt6 )S,! li11,!tt~,l ~,l ,!tt'!Jl,lt~i t~t6 ~~,lt~,l 1,!,!t t~~~'J t~~t~ttt6j1J _~~~ lij1~~,lj1'!Jlt ~~liJJ ~t6t )s,!~t6j1'! ~1t,!~tt1'! ,!t~~~t )Sf t~~ 1li1t6tli)s]'! 1t6t~ 161 1t6~t t~J j1'!j1)S~t_ 161 t~,! JI6lit,l 161 ~t6~Jltf ~t6j1r/1~_;tt6~,!t_1 d. Except as proyided in subsection ~ above, the board of county commissioners "'lit shall adopt the proposed amend- ment or the proposed amendment as modified by not less than a majority of its total membership. Section 2. If any section, subsection, sentence, clause or pro. vision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. -'- I Section 3. All ordinances or pElrts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. ~~;r":'~' ,;".~w,..., . , ,,"'" ".' 4I;UtP,,!, '. , Sponsor's Name. ".~.- ORDINANCE NO. -1988 PD149 " . ~ AN ORDINANCE AMENDING SECTION 9.5-511, MONROE COUNTY CODE IN ORDER TO PROVIDE FOR NOTICE TO BOTH THE AFFECT- ED PROPERTY OWNERS AND THE GENERAL PUBLIC OF HEARINGS OF THE PLANING COMMISSION AND BOARD OF COUNTY COMMISSIONERS OF THE PROPOSED AMENDMENTS TO THE LAND USE DISTRICT MAPS, BOTH FOR CHANGES INVOLVING LESS THAN 5 PERCENT, AND 5 PERCENT OR MORE OF THE TOTAL COUNTY LAND AREA; THE NUMBER OF HEARINGS REQUIRED; THE REQUIREMENT OF ADVERTISING IN A LOCAL NEWSPA- PER, THE SIZE AND CONTENT OF TIlE ADVERTISEMENT, ITS EXCLU- SION FROM TIlE NEWSPAPER'S LEGAL SECTION; THE SEQUENCING AND SPACING OF ADVERTISEMENTS AND HEARINGS; THE TIME OF DAY FOR CERTAIN HEARINGS; THE CRITERIA WHICH TIlE BOARD MAY CONSIDER IN DECIDING WHETHER TO ENACT A GHANGE OF A LAND USE DIS- TRICT DESIGNATION BY ORDINANCE; THE REQUIREMENTOF VOTE OF 4 COUNTY COMMISSIONERS WHEN A PROPOSED CHANGE IS OPPOSED BY A SUFFICIENT NUMBER OF CITIZENS; DISCUSSION OF WHAT CONSTI- nrrES A QUORUM OF COUNTY COMMISSIONERS HEARING THESE PRO- POSED AMENDMENTS; TRANSMISSION OF APPROVED MAP AND TEXT AMENDMENTS TO TIlE STATE LAND PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Ul BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 9.5-511(d)(3-S) , Monroe County Code, is hereby amended to read as follows: Section 1. Sec. 9.S-S11(d)(3)-(S), Monroe County Land Development Regulations, is hereby amended to read as follows: 3. a. Plannin~ commission public he~rin~s. Except as required in paragraph (c), the planning commission shall hold at least one (1) public hearing on any proposed amendment to the text of the land development regulations. Notice for such hearing may be by title only and shall be given at least 15 days prior to the date of the hearing by publication. E xII 'SIT 8 :':r'J.:,:\i"i ',',\, -~. , .';.f1:' r..'J. ~':'YU,' '1_'~~'~~{t.;y.IJ'<""'e,,(';':l8"_g, :J b. If a proposed land use district. map amendment involves less than 51 of the total land area of the County, the Planning Commission shall direct its clerk to notify by mail each real property owner whose land is proposed for a land u~e district map amendment whose address is known by reference to the latest ad valorem tax records. Such notice shall be given at least 30 days prior to the date set for the public hearing and shall be kept available for public inspection during the regular business hours at county offices. In addition, notice of a proposed land use district map amendment shall be provided by the publication of an advertisement of no less than one-quarter-page and the headline in the advertisement to be in a type no smaller than 18 point. The advertisement shall not be published in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county and of general interest and readership, not one of limited subject matter. The advertisement shall be in the following form: Q , J .' NOTICE .oF CHANGE .oF LAND USE REGULATI.oNS Monroe County proposes to regulate the use of land within the area shown in the map in this advertisement. Public hearings on the proposal will be held on (date & times) at (meetin~ places) . The advertisements also shall contain a location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. c. If the land use district map amendment involves 51 or more of the total land area of the County, the Planning Commission shall hold two public hearings on the proposed land use map redesignation. Both hearings shall be held after 5:00 P.M. on a weekday and the first shall ~e held approximately 'seven (7) days after the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. The published notice required ~y this paragraph shall be provided by the publication of an advertisement of no less than one-quarter (1/4) page size and the headline to be in a type no smaller than 18 point. The advertisement shall not be published in that portion of the newspaper where legal notices and classified advertisements appear. ,.,,;t,.?~t , .' ..~. ' " -;',". 'Y;i:' ',.';.; ) ~;'-r:"~. ,~:.i:,N< ''''''~'Y'<::',""..t:- '.1\ .,t--, , . . .,,' File No. 0149 The advertisement shall be published in a newspaper of general paid circulation in the County and of general interest and readership, not one of limited subject matt~r. The advertisement shall be in the following form: NOTICE OF CHANGE OF LAND USE REGULATIONS Monroe County proposes to regulate the use of land within the area shown in the map in this advertisement. Public hearings on the proposal will be held on (date & times) at (meetin2 places) . The advertisements also shall contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. 4. Action by plannin2 commission. The planning commission shall review the application, the reports and recommendations of the Department of Planning and the Development Review Committee, and the testimony given at the public hearing, and shall submit its recommendations and findings on the proposed text or district map amendment Q to the Board of County Commissioners. S. Board of county commissioners public hearin2s. Except as required in paragraph (c), the board of county commissioners shall hold at least one public hearings on any proposed amendment to the test of the land development regulations. Notice for such hearing may be by title only and shall be given at least 15 days prior to the date of the hearing. Notice shall be made by the Clerk of the Board and shall be kept in a separate book open to public inspection during regular business hours. b. If a proposed land use district map amendment involves less than 5% of the total land area of the county, the board of county commissioners shall direct its clerk to notify by mail each real property owner whose land is proposed for a land use district map amendment whose address is known by reference to the latest ad valorem tax records. Such notice shall be given at least 30 days prior to the date set for the public hearing and shall be kept available for public inspection during the regular business hours at county offices. In addition, notice of a proposed land use district map amendment shall be provided by the publication of an advertisement of no less than one-quarter page size and the headline in the advertisement to be in a type no smaller than 18 point. The advertisement shall not be published in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the County and of' general interest and readership, not one of limited subject matter. The advertisement shall be in the following form: NOTICE OF CHANGE OF LAND USE REGULATIONS Monroe County proposes to regulate the use of land within the area shown in the map in this advertisement. Public hearings on the proposal will be held on (date & times) at (meetin2 places) . ',. .' ~ <,"""',11.",,-- . {'.'.'-"i:' ',"*", 1'""",1."'-" ". '*",N',~,,,,,,,< "1 File No. 0149 The advertisements also shall contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. -', ,; ,.;./ c. If the land use map amendment involves more than 5~ of the total land area of the county, the board of county commissioners shall hold two public hearings on the proposed land use map redesignation. Both hearings shall be held after 5:00 P.M. on a weekday and the first shall be held approximately seven (7) days after the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. The published notice required by this paragraph shall be provided by the publication of an advertisement of no less than one-quarter (1/4) page size and the headline to be in a type no smaller than 18 point. The. advertisement shall be published in a newspaper of general paid circulation in the county and of general interest and readership, not one of limited subject matter. The advertisement shall be in the following form: NOTICE OF CHANGE OF LAND USE REGULATIONS Monroe County proposes to regulate the use of land within the area shown in the map in this advertisement. Public hearings on the proposal will be held on (date & times) at (meetin~ places) . o The advertisements also shall contain a geographic location map which clearly indicates .... the area covered by the proposal. The map shall include major street names as a means of identification of the area. 6. Action by the board of county commissioners followin~ public hearin~s. a. The board of county commissioners shall consider the report and recommendation of the Department of Planning, the Development Review Committee, and the Planning Commission and the testimony given at the public hearings. b. The board of county commissioners may consider the adoption of an ordinance enacting the proposed map or text amendment based on one or more of the following factors: (i) changed projections (e.g., regarding public service needs) from those on which the text or boundary was based, the current capital facilities report may be considered for the purpose of this factor; (ii) changed assumptions (e.g., regarding demographic trends); (iii)data errors, including errors in mapping, vegetative types and natural features described in Volume I of the Plan; (iv) new issues; (v) recognition of a need for additional detail or comprehensiveness; . -';;.>'.~' "';~1:~""'-''''''''' 'i",;("..~_." ~"~~-""""'-"Il ~'''~'~'\*1.4'l1l''~~$1~""',,,,~,~'' ~ "" ..J Section 1. Vol. II, Chapter X, Section C(4)(c), Monroe County Comprehensive Land Use Plan, is hereby amended to read as follows: c. Public Hearings. "The Planning Commission, sitting as the l.p.a., and the Board of County Commissioners shall both conduct their respective hearings according to the procedure set forth in F.S. 163.3184(15)." Section 2. Vol. II, Chapter X, Sec. C (4)(e), Monroe County Comprehensive Land Use Plan, is hereby amended to read as follows: e. Action by Board of County Commissioners following public hearing(s). (1) The Board of County Commissioners shall consider the report and recommendation of the Department of Planning, the Development Review Committee, and the Planning Commission and the testimony given at the public hearings. (t (2) The Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) changed projections (e.g., regarding public needs) from those on which the text was based, in evaluating changed conditions the current capital facilities shall be considered probative; (ii) changed assumptions (e.g., regarding demographic trends); (iii)data errors, including errors in mapping, , vegetative types and natural feat~res described in Volume I of this Plan; (iv) new issues; (v) recognition of ~ need for additional detail or comprehensiveness; or (vi) data updates; (vii)consistency with F.S. 380.0552(7)(a)-(h) Provided, however, that in no event shall an amendment be approved which will result in an adverse community change of the Planning Area in which the proposed development is located. (3) The Board of County Commissioners may adopt the proposed amendment or the proposed amendment as modified by not less than a majority of its total membership." ',~r":v " ~'~':",~",~,~ 'I' ,,',0 1i.'I\!\li!:......'.. '" "'.; .,. " ( I :--. (vi) data updates; provided however, that in no event shall an amendment be approved which will result in an adverse community change of the Planning Area in which the proposed development is located; (vii)consistency with Volumes I and II, Florida Keys Comprehensive Plan and consistency with F.S. 380.0552(7)(a)-(1). c. In the event a proposed land use district map amendment is opposed by twenty percent (20%) or more of the adjoining property holders the amendment shall not become effective except by the favorable vote of four members of the board of county commissioners. d. commissioners majority vote is taken. Except as provided in paragraph (c) above, the board of county may adopt any proposed land use district map or text amendments by a of the commission membership in attendance at the meeting where the vote e. As long as approval by the state land planning agency is required by F.S. 380.0SS2(9) and unless otherwise provided by general law, the board of county commissioners shall transmit to the agency by resolution all approved map and text Q amendments upon the conclusion of the public hearings described herein. There shall be two resolutions. one for approved text amendments and one for approved map amendments." Section S-309(E), Monroe County Land Development Regulations, codified as Section 9.S-69(e), Monroe County Code, is hereby amended to read as follows: E. Appeal of a Development Order Issued by the Planning Commission: If the applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by 163.3215(2), F.S. (1987), or any person or any person who presented testimony or evidence at the public hearing conducted pursuant to Section 5-309(C). requests an appeal within thirty (30) days after the mailing by the Director of the notice required in Sec. 5-309(D), the Board of County Commissioners shall consider the development order on the record established before the Planning Commission. The Board, after considering such record and such argument based on the record that the appellant(s) and appe1Iee(s) may choose to present, shall affirm, reverse or modify the decision of the Planning Commission. or remand with specific directions to the Planning Commission in compliance with the applicable portions of the Comprehensive Land Use Plan and the development regulations. Otherwise, the development order shall be placed on the consent agenda of the next regularly scheduled meeting of the Board of County Commissioners following the expiration of the thirty (30) day period described in this section. A majority vote of the County Commissioners may remove a development order from the consent agenda. but such vote may only be taken at a regularly scheduled meeting of the Board held during the thirty (30) day period described in this section. A development order removed from the consent agenda by the Commissioners shall also be considered on the record established before the Planning Commission. :.~#fi;"t ;\;; .I ,~\'~~r":~ -:, ;c\. .,., '.',., '~t'fl:i<';.~" ""';'.' 0; . 00 0 7 1 words "or boundary" after the word "text" in Subparagraph (i) above; and insert the following language at the beginning of Subparagraph (3) above: r "In the event of a written protest against such amendment signed by twenty percent (20%) or more either of the area of the lots or land included in the proposed amendment or of the lots or land immedi- ately adjoining the property to be affected and extending two hundred feet (200') thereform, such amendment shall not become effective except by the favorable vote of four (4) members of the Board of County Commissioners." and also to eliminate Section 3 on Page 240 of Volume II of the Comprehensive Plan. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to continue to March 1st the following amendments: PD 4, PD 17, PD 20, PD 43, PD 44, PD 66, PD 75, PD 76, PD 83, PD 98, PD 99, PD 100, PD 101, PD 102, PD 104, PD 130. Motion carried unanimously. * * * * * RLC/c o