§ 102-158. Amendments to the Land Development Code, Land Use District Map, and Future Land Use Map.

(a)

Purpose. The purpose of this article is to provide a means for changing the text of this Land Development Code, which also includes changes to the land use (zoning) district map and overlay district maps. It is also intended to add to the statutory procedures and requirements for changing the future land use map (FLUM) at the transmittal stage. The process for changing the text of the Comprehensive Plan shall follow the process established Chapter 163, Part II, Florida Statutes, and shall require a Concept Meeting as detailed in subsection (d)(3) of this section, and shall provide for community participation as specified in Section 102-159(b). This article is not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit an adverse change in community character, analyzed in the Technical Document (data and analysis), but only to make necessary adjustments in light of changed conditions or incorrect assumptions or determinations as determined by the findings of the BOCC. In determining whether to grant a requested amendment to the text of this Land Development Code, or land use (zoning) district map, or overlay map, the BOCC shall consider, in addition to the factors set forth in this article, the consistency of the proposed amendment with the provisions and intent of the comprehensive plan and consistency with the principles for guiding development in Section 380.0552, F.S.

(b)

Authority. The BOCC may amend the text of this Land Development Code upon compliance with the provisions of this article. Text amendments may be proposed by the BOCC, the Planning Commission, the Planning Director, a private applicant, or the owner or other person having a contractual interest in property to be affected by a proposed property-specific text amendment. Land use (zoning) district map or FLUM amendments may be proposed by the BOCC, the Planning Commission, the Planning Director or the owner or other person having a contractual interest in property to be affected by a proposed map amendment. The Planning Director shall have the responsibility to establish the format as approved by the BOCC by which applications can be submitted and shall have the authority to process only those which are presented on a complete application. Applications deemed incomplete or insufficient shall be returned within 30 days to the applicant for correction and re-submittal.

(c)

Timing. Applications for map and text amendments shall be accepted at any time. The Planning Director or his or her designee shall review and process the map and text amendment applications as they are received, require community participation pursuant to Section 102-159, and pass them on to the Development Review Committee and the Planning Commission for recommendation and final approval by the BOCC.

(d)

Procedures.  

(1)

Text Amendment Proposals by BOCC, Planning Commission, Planning Director, or a private applicant. Private applicants shall be required to file an application with the Planning Director accompanied by a nonrefundable application fee as established from time to time by the BOCC to defray the actual cost of processing the application. Proposals for text amendments shall be transmitted to the Planning and Environmental Resources Department. After receipt, the Planning Director and his or her staff shall review the proposed amendment and present it with a recommendation of approval or denial to the Development Review Committee for review and comment. Staff shall make a recommendation to the Planning Commission.

(2)

Map Amendment Proposals by affected landowners. Any landowner or other person having a contractual interest in property desiring to petition the BOCC for an amendment to the land use (zoning) district map, overlay district map or FLUM shall be required to file an application with the Planning Director accompanied by a nonrefundable application fee as established from time to time by the BOCC to defray the actual cost of processing the application. After receipt, the Planning Director and his or her staff shall review the proposed amendment and present it with a recommendation of approval or denial to the Development Review Committee for review and comment. Staff shall make a recommendation to the Planning Commission.

(3)

Concept Meeting. Private applicants submitting an application for an amendment to the text of the Land Development Code or Comprehensive Plan shall participate in a concept meeting with the Planning and Environmental Resources Department to discuss the proposed amendment. The concept meeting shall be scheduled by department staff once the application is determined to be complete. As part of this concept meeting, planning staff will identify whether or not the proposed text amendment will have a county-wide impact.

(4)

Community Participation. The following types of amendments addressed under this section shall provide for community participation as specified in Section 102-159:

a.

Applicants requesting a Land Use District (Zoning) Map amendment, Land Use District (Zoning) Map Overlay amendment, or Future Land Use Map amendment;

b.

Proposals by the County or a private applicant to amend the text of the Land Development Code or Comprehensive Plan, with a county-wide impact, as determined by the concept meeting in subsection (d)(3), above.

(5)

Public hearing(s). The Planning Commission and the BOCC shall each hold at least one public hearing on a proposed amendment to the text of the comprehensive plan or Land Development Code or to the land use (zoning) district map or overlay district map or FLUM at the transmittal stage. The BOCC shall hold at least one additional public hearing for the adoption of a FLUM and/or text amendment of the comprehensive plan.

a.

Advertised notice . Advertised notice of the public hearings for a proposed amendment to the text of the land development code, the land use (zoning) district map, overlay district map and the transmittal of the FLUM change shall be provided as required by section 110-5 of this Land Development Code.

b.

Mailed notice . Notice of changes to the land use (zoning) district map, overlay district map and FLUM shall be mailed to owners within 600 feet of the affected property 15 days prior to the required hearing before the Planning Commission and 30 days before the required hearing before the BOCC for the land use (zoning) district map amendment and the FLUM at the transmittal stage.

c.

Posting of notice . Posting of notice shall be made in accordance with the requirements of section 110-5 for land use (zoning) district map amendments, overlay district map, FLUM amendments, and property-specific text amendments.

d.

Other notice . Notice of all public hearings shall be posted on the Monroe County Website as soon as is practical. Failure to post notice on the Monroe County Website shall not constitute grounds for the cancellation of any public hearing nor shall it constitute grounds for the cancellation of any action taken by the Planning Commission or the BOCC at such a meeting.

(6)

Action by Planning Commission. The Planning Commission shall review the application, the reports and recommendations of the Planning and Environmental Resources Department, the comments of the Development Review Committee, and the testimony given at the public hearing, and shall submit its recommendations and findings to the BOCC.

(7)

Action by BOCC following public hearing(s).

a.

The BOCC shall consider the reports and recommendation of the Planning Commission, Planning and Environmental Resources Department staff, and the testimony given at the public hearings.

b.

The BOCC may consider the adoption of an ordinance enacting the proposed map and text amendments to this Land Development Code based on one or more of the following factors:

1.

Changed projections (e.g., regarding public service needs) from those on which the existing text or boundary was based;

2.

Changed assumptions (e.g., regarding demographic trends) from those on which the existing text or boundary was based;

3.

Data errors, including errors in mapping, vegetative types and natural features which contributed to the application of the existing text or boundary;

4.

New issues which arose after the application of the existing text or boundary;

5.

Recognition of a need for additional detail or comprehensiveness;

6.

Data updates; or

7.

Consistency with the Comprehensive Plan and the principles for guiding development as defined in Section 380.0552, Florida Statutes.

c.

For text amendments to the Comprehensive Plan and FLUM amendments, the BOCC must also consider the analyses identified in Chapter 163, Florida Statutes and must find that the amendment is consistent with the principles for guiding development as defined in Section 380.0552, Florida Statutes.

d.

In no event shall an amendment be approved which will result in an adverse change in community character to the sub-area which a proposed amendment affects or to any area in accordance with a Livable CommuniKeys master plan pursuant to findings of the BOCC.

(8)

Protest procedure.

a.

A written protest concerning an application for an amendment to the land use (zoning) district map or a FLUM amendment at the transmittal stage may be filed before the BOCC hearing by the owners of no less than 20 percent of the area of the land to be affected. Protests concerning a FLUM amendment may be made only at the transmittal hearing. In the event of a written protest against such amendment by owners of 20 percent of the affected property, where the signatures and protest are found to be true and accurate, the amendment shall not become effective except by the favorable vote of four members of the BOCC. Rounding up of decimals and percentages shall not be permitted.

b.

A written protest concerning an application for an amendment to the land use (zoning) district map or a FLUM amendment at the transmittal stage may be filed by ten percent of the owners of land within 600 feet of the affected property. Protests concerning a FLUM amendment may be made only at the transmittal hearing. In the event of a written protest of ten percent of the owners within 600 feet of the affected property, the amendment shall not become effective except by the favorable vote of four members of the BOCC. In calculating whether a sufficient number of protests have been received to trigger the requirement for a supermajority vote, the number of protests must meet or exceed the ten percent threshold without resorting to rounding up.

c.

Such protests must be on a form approved by the Planning Director and made available by the county, with a statement from each individual owner, under penalties of perjury, with the name, address, parcel real estate number, home address and telephone number of the owner. In the event of ownership by multiple parties, only one owner is required to file a protest. Condominium, cooperatives, or statutory time share program owners may file protests through their associations and shall be counted as one owner and one property in the number of owners to calculate any percentage.

d.

The originals of the written protests must be filed with the clerk of the BOCC no later than the fifth working day before the day of the first county commission meeting at which the public hearing on the FLUM transmittal or land use (zoning) map amendment will be heard. Upon receipt of the protest(s), the clerk shall furnish a copy to the county attorney, the county administrator, and to the applicant requesting the amendment. No further protests will be accepted by the clerk or the BOCC.

e.

The BOCC shall not vote until the signatures, ownership, and protests have been verified by the Planning and Environmental Resources Department and County Attorney using information from the property appraiser and the official records of Monroe County. Every reasonable means shall be used by county staff to resolve the validity of the protest by the time of the public hearing, but if this cannot be accomplished the BOCC shall continue the item. If the time requirements of the Florida Statutes for transmittals cannot be met, the proposed FLUM amendment shall be held over until the next date for transmittal.

f.

The area used as right-of-way for U.S. 1 shall not be included in any calculations for number of owners or percentage of ownership, but shall be included in the distance calculation from the affected property.

g.

Protests shall not be considered unless received as prescribed above. Any owner may withdraw a protest up until the conclusion of the public hearing at which the item will be heard.

(9)

Majority of BOCC. Except as provided in paragraph (d)(6) above, the BOCC may adopt the proposed amendment, or the proposed amendment as modified, by not less than a majority of its total membership.

(e)

Typographical or drafting errors. Amendments to the text to correct typographical or drafting errors may be adopted by the BOCC without posted notice or public hearing at any regular meeting. As long as the county is within an area of critical state concern, notice of such amendments shall be transmitted to the State Land Planning Agency within 30 days.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)