Ordinance 009-2007
ORDINANCE NO. 009 - 2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY , FLORIDA,
ADOPTING AMENDMENTS, DELETIONS AND
ADDITIONS TO THE MONROE COUNTY 2010
COMPREHENSIVE PLAN BASED ON THE FINDINGS OF
THE ADOPTED EVALUATION AND APPRAISAL
REPORT (EAR) FOR THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FOR POLICIES AND
OBJECTIVES CONCERNING WATER QUALITY
(INCLUDING STORMWATER AND WASTEWATER
MANAGEMENT), ENVIRONMENTAL PROTECTION,
EMERGENCY OPERATIONS AND HURRICANE
EVACUATION, AND INTERLOCAL COORDINATION
CONCERNING DEVELOPMENT; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
THEREWITH; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO
FORWARD A COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR AN EFFECTIVE DATE
WH]~REAS, the Florida Legislature intends for local planning to be a continuous and
ongoing proeess; and
WHEREAS, the Monroe County Board of County Commissioners adopted the Monroe
County Comprehensive Plan on April 15, 1993; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
periodically assess the success or failure of the adopted plan to adequately address changing
conditions and state policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt
needed amendments to ensure that the plan provides appropriate policy guidance for growth and
development; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of filct:
1. The Monroe County Planning Commission, acting as the designated Local Planning
Agency, has reviewed the Evaluation and Appraisal Report, held an advertised public hearing on
August 11, 2004, provided for participation by the public in the process, and rendered its
recommendations to the Board of County Commissioners.
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2. The Board of County Commissioners has reviewed the Evaluation and Appraisal
Report, held an advertised public hearing on August 18, 2004, and provided for comments and
public participation in the process in accordance with the requirements of state law and the
procedures adopted for public participation in the planning process.
3. The Monroe County Plarming Commission, acting as the designated Local P1arming
Agency, has reviewed the proposed EAR-based Comprehensive Plan Amendments, held an
advertised public hearing on June 14, 2006 provided for participation by the public in the
process, and rendered its recommendations to the Board of County Commissioners
4. The Board of County Commissioners has reviewed the proposed EAR-based
Comprehensive Plan Amendments, held an advertised public hearing on August 16, 2006 and
provided for comments and public participation in the process in accordance with the
requirements of state law and the procedures adopted for public participation in the planning
process.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: Policies 102.5.2 and 102.5.5 of the Monroe County Comprehensive Plan are
deleted.
Section 2: Policies 103.1.5 and 103.1.6 of the Monroe County Comprehensive Plan are
deleted.
Section 3: Policies 103.3.1 and 103.3.2 of the Monroe County Comprehensive Plan are
deleted.
Section 4: Objective 202.6 and Policies 202.6.1, and 202.6.2 of the Monroe County
Comprehensive Plan are deleted.
Section 5: Policy 101.9.4 ofthe Comprehensive Plan is amended as follows:
Policy 101.9.4
The County shall use the adopted Stormwater Management Master Plan as a
guide for stormwater management to protect personal property and to protect
and improve water quality.
Section 6: Policy 204.3.1 of the Comprehensive Plan is amended as follows:
Policy 204.3.1
The Monroe County Growth Management Division shall be responsible for
coordinating with other agencies in developing and administering the
wetlands restoration program.
Section 7: Policy 204.4.1 ofthe Comprehensive Plan is amended as follows:
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Policy 204.4.1
The Monroe County Growth Management Division in coordination with the
Monroe County Land Authority and other federal and state agencies will
continue with wetlands acquisition through the Florida Forever program, and
other funding mechanism such as the Monroe County Land Acquisition
Fund.
Section 8: Policy 207.8.8 of the Comprehensive Plan is amended as follows:
Policy 207.8.8
Monroe County shall support and when appropriate, assist the efforts of non-
profit conservation groups.
Section 9: Policies 207.9.5 and 207.9.6 of the Monroe County Comprehensive Plan are
deleted.
Section 10: Policy 207.11.4 of the Comprehensive Plan is amended as follows:
Policy 207.11.4
Potential introduction sites for the Stock Island Tree Snail which are not
currently in public ownership shall be designated as priority acquisition sites
for conservation purposes. Acquisition shall be considered through the
Florida Forever program and other funding mechanisms such as the Monroe
County Land Acquisition Fund.
Section II: Policy 207.12.2 of the Comprehensive Plan is amended as follows:
Policy 207.12.2
Sites identified pursuant to Policy 207.12.1 shall be identified as priority
acquisition sites for conservation purposes. Particular emphasis shall be
placed upon acquisition of identified wetland and native upland sites which
are located within Improved Subdivisions. Acquisition shall be considered
through the Florida Forever program and other funding mechanisms such as
the Monroe County Land Acquisition Fund.
Section 12: Policy 216.1.2 of the Comprehensive Plan is amended as follows:
Policy 216.1.2
Monroe County will initiate an interlocal agreement with affected
municipalities within Monroe County. The agreement shall establish an
entity comprised of representatives of the affected jurisdictions which shall
be responsible for:
1. allocating the relative proportions of future residential development within
the affected jurisdictions consistent with the Permit Allocation System;
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2. establishing a system to monitor future development within the affected
jurisdictions; and
3. mediating disputes between the affected jurisdictions regarding the
allocation of future development.
Monroe County shall seek the assistance of the Florida Department of
Community Affairs and/or the South Florida Regional Planning Council to
ensure execution of the agreement and subsequent compliance.
Section 13: Policies 216.2.2 and 21.6.2.3 of the adopted Monroe County Comprehensive
Plan are dekted.
Section 14: Create New Policy 216.2.2 to read as follows:
Policy 216.2.2
Monroe County shall coordinate with the State and Federal agencies to
establish a dedicated Category 5 Emergency Operations Center.
Section 15: Create new Policy 901.1.5 to read as follows.
Policy 901.1.5
The Permit Allocation and Point System shall award positive points for
development proposed to be connected to a central wastewater treatment
system that meets the BAT/AWT treatment standards established by
Florida Legislature and Policy 901.1.1
Section 16: Policies 901.1.5, 901.1.7, 901.1.8, 901.2.3, 901.2.4, 901.2.5, 901.2.6,
901.2.8, and 901.2.9 of the adopted Monroe County Comprehensive Plan are deleted.
Section 17: Amend Policy 901.3.1 ofthe Comprehensive Plan to read as follows:
Policy 901.3.1
The Permit Allocation and Point System for new residential and non-
residential development shall award positive points for development
proposed to be connected to a central wastewater treatment system that
meets the BAT/A WT treatment standards established by Florida
Legislature and Policy 901.1.1.
Section 18: Amend Objective 901.4 of the Comprehensive Plan to read as follows:
Objective 901.4
Monroe County shall implement the findings of the Sanitary Wastewater
Master Plan, the County shall use the adopted Sanitary Wastewater Master
Plan as a guide for implementation of central sewer projects.
Section 19: Policies 901.4.1 and Policy 901.4.2 of the Monroe County Comprehensive
Plan are deleted.
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Section 20: Amend Policy 901.5.3 of the Comprehensive Plan to read as follows:
Policy 901.5.3
Monroe County shall implement the findings of the Sanitary Wastewater
Master Plan, the County shall use the adopted Sanitary Wastewater Master
Plan as a guide for implementation of central sewer projects.
Section 21: Policy 1001.3.1 of the Comprehensive Plan is deleted.
Section 22: Create new Policy 1001.3.1 of the Comprehensive Plan to read as follows:
Policy 1001.3.1
Monroe County shall implement the findings of the adopted Stormwater
Management Master Plan and use the document as a guide for stormwater
management to protect personal property and to protect and improve water
quality.
Section 23: Amend Policy 1301.6.6 of the Comprehensive Plan to read as follows:
Policy 1301.6.6
The Monroe County Growth management Division in conjunction with the
Monroe County Land Authority and other federal and state agencies will
develop and administer the wetlands acquisition program as part of the
Monroe County Land Acquisition Master Plan.
Section 24: If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 25: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 26: This ordinance shall be forwarded by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
Section 27: This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving the ordinance.
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Ordinance EAR-BASED Amendments
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 21st day of Mav ,2007.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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Deputy Clerk
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MONROE COUNTY ATTORNEY
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FLORID,A COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (COORS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (COORS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. COORS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed whenever
your county ,~nacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)245-6270 or Suncom 205-6270.
COUNTY: MONROE
PRIMARY KEYFIELD
DESCRIPTOR: (LAND USE PLANNING)
SECONDARY KEYFIELD
DESCRIPTO~t: (BUILDING/DEVELOPMENT)
OTHER KEYFIELD
DESCRIPTOR: (WATER AND SEWER)
ORDINANCE DESCRIPTION: (WATER OUAlITY. ENV PROTo EMERG OP)
(25 characters maximum including spaces)
ORDINANCES AMENDED: (Ust below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
COUNTY ORDINANCE # 009- 2007
AMENDMENT' # 1:
AMENDMENT #2:
AMENDMENT' #3:
AMENDMENT' #5:
AMENDMENT #4:
ORDINANCES REPEALED: (list below the ordinances that are repealed by this legislation.)
REPEAL # 1: (
REPEAL # 2: (
)
)
REPEAL # 3: (
REPEAL # 4: (
)
)
(Others repeale,1: list all that apply):
(FOR OFFICE USE ONLY):
COUNTY CODE NUMBER: <- _ _ _ _ __)
KEYFIELD 1 CODE: <- _ _ _ _ _ _ _ _ _ __)
KEYFIELD 3 CODE: (
KEYFIELD 2 CODE: <- _ _ _ _ _ _ _ _ _ __)
)
Rev. 4/10/01
CHARLIE CRI:ST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 7, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhag(~:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 1,2007 and certified copies of Monroe County Ordinance Nos. 009-2007 through 024-
2007, which were filed in this office on June 4,2007.
Sincerely,
~(]j~f1
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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