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Resolution 267-2002 RESOLUTION NO.26 ~2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN EXTENDING THE DATES OF COMPLETION OF OBJECTIVE 212.1, POLICY 212.1.1, POLICY 212.1.2 RELATED TO SHORELINE DEVELOPMENT; OBJECTIVE 213.1, POLICY 213.1.1, POLICY 213.1.2, POLICY 213.1.4 RELATED TO BEACH ACCESS; OBJECTIVE 401.1, POLICY 401.1.1 RELATED TO MASS TRANSIT; OBJECTIVE 1201.10, POLlCY1201.10.1, POLICY 1201.10.2 RELATED TO RECREATION AND OPEN SPACE. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of the proposed amendments to the Monroe County Year 2010 Comprehensive Plan, changing the dates of completion for the Objectives and Policies described above; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested changes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the draft ordinance (marked as Exhibit 1) for adoption of the proposed Monroe County Year 2010 Comprehensive Plan amendment; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of. 9J-11.006 of the Florida Administrative Code; and Page 1 of 2 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC Trans Reso.doc Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of June, 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Humberto "Bert" Jimenez yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ~ /1: \./h... T\ Mayor/Chairperson ..... .A;~'\~i\ ':;h:,; : .i,t~;:~Ji)A~~t~~OLHAGE CLERK ":~ebf;~~~~.~~~fj! ' '.-.'..i::- _-.__-'''''' 't>. C. . a 0:: o U LLJ a::: 0:: o L&.. o LLJ -' L&.. I""- M l..I.J <( c.::J ...J c;( .LL.. :cl-,.: .....]<:..)1- o . -:-r :x::~:3 ''-..'0 .....] .<:..) _':: :s w .;<:..)~ <( ::z:: Cl 0 L ..3 2: 0- M I -' => -, ~ c::: c:::> ~ Page 2 of 2 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC Trans Reso.doc ORDINANCE NO. -2002 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY EXTENDING THE DATES OF COMPLETION OF OBJECTIVE 212.1, POLICY 212.1.1, POLICY 212.1.2 RELATED TO SHORELINE DEVELOPMENT; OBJECTIVE 213.1, POLICY 213.1.1, POLICY 213.1.2, POLICY 213.1.4 RELATED TO BEACH ACCESS; OBJECTIVE 401.1, POLICY 401.1.1 RELATED TO MASS TRANSIT; AND OBJECTIVE 1201.10, POLICY 1201.10.1, POLICY 1201.10.2 RELATED TO RECREATION AND OPEN SPACE. WHEREAS, the Monroe County Year 2010 Comprehensive Plan was initially adopted by the Monroe County Board of County Commissioners on April 15,1993;and WHEREAS, after several years of challenges by intervenors, the Plan was approved and came into effect on January 4, 1996; and WHEREAS, the enacted Plan included a number of dates-of-completion for Objectives, and Policies related to Shoreline Development, Beach Access, Mass Transit, and Recreation/Open Space; and WHEREAS, during the time between the initial completion of the Comprehensive Plan and the final adoption, a number of these dates-of- completion were rendered unachievable; and WHEREAS, the Monroe County Planning Department is currently working toward the completion of the Livable CommuniKeys Program; and WHEREAS, this program will culminate in the development of Master Plans for all of the unincorporated communities of the Florida Keys; and WHEREAS, these Plans will, among other issues, address the Planning Objectives, and Policies mentioned above; and WHEREAS, the Planning Department anticipates completion of the Plans by December 2006; NOW THEREFORE, Page 1 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board finds that the proposed text amendment furthers and is consistent with the Year 2010 Comprehensive Plan; and Section 2. The Monroe County Year 2010 Comprehensive Plan shall be amended to extend the dates-of-completion for the Objectives and Policies as requested by the Monroe County Planning Department in the following text. Obiective 212.1 By J::muary -1, 1998 December 31. 2006. Monroe County shall develop and implement measures for regulating shoreline uses consistent with the following order of priorities: a) water-dependent uses; b) water-related uses; and c) uses that are not dependent upon or related to shoreline access. [9J- 5.012(3)(b)3] Policy 212.1.1 By J~:mU3I)' '1, 1998 December 31.2006, Monroe County shall develop a Shoreline Use Priorities Plan which shall provide for siting of water- dependent and water-related uses consistent with the following order of priority: 1) water-dependent uses, 2) water-related uses, and 3) uses that are not dependent upon or related to shoreline access. The plan shall accomplish the following: 1. establish performance standards for shoreline development, consistent with criteria for marina siting (see Objective 212.4 and related policies); 2. identify environmentally suitable waterfront areas and recommend strategies for reserving such areas for water-dependent and water- related development sites consistent with estimated need; 3. analyze conflicts among existing shoreline uses and recommend strategies for reducing or eliminating such conflicts; and 4. identify strategies for encouraging appropriate mixed-use development that includes water-dependent and water-related uses and is compatible with existing land uses. [9J-5.012(3)(c)8] Policy 212.1.2 By JanU31)' -1, 1998 December 31. 2006, Monroe County shall: Page 2 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc 1. adopt an amendment to the Comprehensive Plan which incorporates recommendations of the Shoreline Use Priorities Plan; and 2. adopt Land Development Regulations that regulate existing and new shoreline development consistent with the recommendations of the Shoreline Use Priorities Plan. [9J-5.012(3)(c)8] Section 3. The Monroe County Year 2010 Comprehensive Plan shall be amended to extend the dates-of-completion for the Objectives and Policies as requested by the Monroe County Planning Department in the following text. Obiective 213.1 Monroe County shall maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints. [9J-5.012(3)(b )9] Policy 213.1.1 By January '1, 1998 December 31. 2006, Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the existing capacity of and need for the following types of public access facilities: 1. public access points to the beach or shoreline through public lands; 2. public access points to the beach or shoreline through private lands; 3. parking facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [9J-5.012(3)(c)9] Policy 213.1.2 By September 30, 1998 December 31. 2006, Monroe County shall adopt Land Development Regulations which: 1. implement recommendations of the Public Access Plan; 2. provide for the enforcement of public access to beaches renourished at public expense by prescription, prescriptive easement, or any other legal means; Page 3 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc 3. provide for the enforcement of public access requirements of the Coastal Zone Protection Act of 1985; 4. specify standards for transportation and parking facilities for beach and shoreline access. 5. include environmental design criteria that reflect environmental constraints. [9J-5.012(3)(c)9] Policy 213.1.4 By JanuGry 4, 1998 December 31. 2006, Monroe County shall incorporate public access facilities into the GIS for use in future public access and shoreline planning. [9J-5.012(3)(c)9] Section 4. The Monroe County Year 2010 Comprehensive Plan shall be amended to extend the dates-of-completion for the Objectives and Policies as requested by the Monroe County Planning Department in the following text. Obiective 401.1 Monroe County shall encourage the provision of transit service for all residents to major trip generators. [9J-5.008(3)(b)1] . Policy 401.1.1 By JanuGry 4, 1997 December 31. 2006, Monroe County shall adopt Land Development Regulations requiring retail shopping facilities, offices and similar uses generating over two thousand (2,000) trips per day be built to accommodate mass transit by being designed to include such features as adequate turning radii for large vehicles, direct access to sheltered areas with seating that can serve as a bus stop and pedestrian access to adjacent properties. Section 5. The Monroe County Year 2010 Comprehensive Plan shall be amended to extend the dates-of-completion for the Objectives and Policies as requested by the Monroe County Planning Department in the following text. Obiective 1201.10 By JanuGry 4, 1 998 December 31, 2006, Monroe County shall complete a Parks and Recreation Plan. [9J-5.014(2)(b)1 to 4] Policy 1201.10.1 The Parks and Recreation Plan shall address the following issues: 1. inventory of recreation lands and facilities; 2. demand for recreation lands and facilities; 3. level of service standards; Page 4 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc 4. development and acquisition; 5. public access; and 6. management and maintenance. [9J-5.014(3)(c)5] Policy 1201.10.2 The preparation of the Parks and Recreation Plan will include a public participation program in order to determine the demand for recreation areas and facilities. Deleted text New text Section 6. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 9. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. (This page has been intentionally left blank) Page 5 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 6 of 6 W:\Planning\Working Folders\Gross-Fred\Comp Plan Date Changes\BOCC ORD .doc