Ordinance 041-2002 ORDINANCE NO.041 .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,
H:Wdministrative\Working Folders\Gardner-Colleen\Colleen\Ordinances\Fred\Date changes in Comp Plan
clean copy.121802.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.
Objective 212.1
By 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 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 December 31, 2006, Monroe County shall:
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.
Objective 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 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 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;
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 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.
Objective 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 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.
Objective 1201.10
By 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;
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.
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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of December ,
A.D., 2002.
Mayor Dixie Spehar yes
Mayor Pro Tem Murray Nelson yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner David Rice yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/1/49/a• )32. 4044-0
BY
co-Erg Mayor Dixie Spehar
(
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ATTEST: DANNY KOHLAGE, CLERK
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
January 21,2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 7927
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 039-2002 approving the request by the Monroe County Department of
Public Works to amend the Monroe County Future Land Use Map from Residential Medium
(RM) to Public Facility (PF) for property located on U.S. #1 described as Lot 1, Block 23,
Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key, Monroe County, Florida
approximate mile marker 21.
Ordinance No. 040-2002 amending the Monroe County Year 2010 Comprehensive Plan
by amending Policy 101.4.23; providing for the severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Year
2010 Comprehensive Plan; and directing the Clerk of the Board to forward a certified copy of this
Ordinance to the Florida Department of Community Affairs and providing an effective date.
Ordinance No. 041-2002 approving a request ofthe 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;
Object 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.
Ordinance No. 042-2002 repealing Policy 101.5.4-19 of the Year 2010 Comprehensive Plan;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida
Department of Community Affairs and providing an effective date.
Ordinance No. 043-2002 repealing Section 9.5-122.3(a)(19), Monroe County Code, by
eliminating points for modest housing under ROGO; providing for the severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the
Monroe Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance
to the Florida Department of Community Affairs and providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 18, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co
by:
a ela G. Hancock, D.C.
cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File /
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Rorida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Division of CulluT'al Affairs
Division of Historical Resources
Division of Library and Information Services
Division of Ucensing
Division of Administrative Services
FLORIDA DEPARrMENT OF STATE
Ken Detzner
Secretary of State
DIVISION OF ELECTIONS
January 29,2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 21, 2003 and certified copies of Monroe County
Ordinance Nos. 039-2002 through 043-2002, which were filed in this office on
January 28, 2003.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
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FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
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