Loading...
Ordinance 022-2009 ORDINANCE NO. 022 -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO REVISE SECTIONS OF THE TRANSPORTATION ELEMENT, THE RECREATION AND OPEN SPACE ELEMENT, AND INTERGOVERNMENAL COORDINATION ELEMENT REGARDING THE FLORIDA KEYS SCENIC HIGHWAY AND FLORIDA KEYS OVERSEAS HERITAGE TRAIL; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on June 2, 2009 for the purposes of considering the adoption of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida Department of Community Affairs on January 26, 2009; and WHEREAS, the BOCC makes the following findings of fact and conclusions of law: 1. The Florida Keys Scenic Highway was designated by the Florida Department of Transportation (FDOT) as a Florida Scenic Highway in May, 2001. 2. As part of the Florida Keys Scenic Highway nomination process, Clean Florida Keys prepared the Florida Keys Corridor Management Plan (CMP), which was approved by the Florida Department of Transportation. 3. A Florida Keys Scenic Highway Interpretive Master Plan was completed in March, 2006, which included a Visitation Plan, Corridor Facilities Plan, Interpretive Plan, and Implementation Plan. 4. Clean Florida Keys has been replaced by the Florida Keys Scenic Corridor Alliance (FKSCA), a 501(c)(3) non-profit agency, as the Corridor Management Entity (CME) responsible for the implementation and maintenance of the Florida Keys Corridor Master Plan and the Florida Keys Scenic Highway Interpretive Master Plan. 5. A CMP 5- Year Update was completed by the FKSCA in October, 2008, which includes Vision, Goals, Objectives, and Strategies. 6. The Florida Department of Environmental Protection maintains the Florida Keys Overseas Heritage Trail, a pedestrian and bicycle trail located along US 1, in accordance with the Florida Keys Overseas Heritage Trail Master Plan 7. The Florida Keys Scenic Highway together with the Florida Keys Overseas Heritage Trail, provide a positive impact to Monroe County's tourist economy. 8. The Florida Keys Scenic Corridor Alliance, with support from the Florida Department of Transportation, has prepared and submitted a nomination application to the Federal Highway Administration to designate US 1 as a National Scenic Byway All American Road. Approval of this nomination will allow the application of National Scenic Byway grants administered by the Federal Highway Administration for enhancements and support, such as trail head development, information centers, multi-lingual informational brochures, and web site development. As a condition of approval for National Scenic Byway All American Road, the Corridor Management Plan must be consistent with the local comprehensive plan. 9. In an effort to support the Florida Keys Scenic Highway and Florida Keys Overseas Heritage Trail, and the nomination for National Scenic Byway All American Road, it is recommended that the Transportation, Recreation, and Intergovernmental Elements of the Monroe County 2010 Comprehensive Plan be amended to include policies that support the recommendations of the Florida Keys Scenic Corridor Master Plan, Florida Keys Scenic Highway Interpretive Master Plan, and the Florida Keys Overseas Heritage Trail Master Plan. 10. On January 7, 2009, the Monroe County Planning Commission held a public hearing on the proposed ordinance, and in due consideration of public comment and debate, recommended passing a resolution to the Board of County Commissioners approving the adoption of an ordinance to amend the Transportation, Recreation, and Intergovernmental Coordination Elements of the Monroe County 2010 Comprehensive Plan. 11. On January 26, 2009, the Board of county Commissioners held a public hearing on the proposed ordinance, and in due consideration of public comment and debate, recommended passing a resolution recommending approval of an ordinance to amend the Transportation, Recreation, and Intergovernmental Coordination Elements of the Monroe County 2010 Comprehensive Plan. 12. On April 7, 2009, the Florida Department of Community Affairs submitted its Objections, Recommendations and Comments for Amendment 01-09 of the Monroe County 2010 Comprehensive Plan and had no comments regarding the proposed amendments; 13. The proposed amendments are internally consistent with other elements of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: Section 1. The Transportation Element is amended as follows: Policy 301.6.5 Monroe County supports the Vision, Goals, Objectives and Strategies of the Florida Scenic Highway Corridor Management Plan and the recommendations of the Florida Scenic Highway Interpretive Master Plan in its transportation planning Policy 301.6.6 Monroe County supports the recommendations of Florida Keys Overseas Heritage Trail Master Plan in its transportation planning Section 2. The Recreation and Open Space Element is amended as follows: Policy 1201.8.5 Monroe County, through its Planning Department Staff /Scenic Highway Coordinator, will assist the Florida Keys Scenic Corridor Alliance and the Florida Department of Transportation in the implementation of the Florida Scenic Highway Corridor Management Plan. Policy 1201.8.6 Monroe County, through its Planning Department Staff/Scenic Highway Coordinator, supports the nomination of the Florida Scenic Highway as a National Scenic Byway All American Road. Section 3. The Intergovernmental Coordination Element is amended as follows: Policy 1301.4.10 Monroe County, through its Planning Department Staff/Scenic Highway Coordinator, will assist the Florida Keys Scenic Corridor Alliance and the Florida Department of Transportation (FDOT) to support the implementation of the Vision, Goals, Objectives and Strategies of the Florida Scenic Highway Corridor Master Plan and the recommendations of the Florida Scenic Highway Interpretive Master Plan. Policy 1301.4.11 Monroe County, through its Planning Department Staff/Scenic Highway Coordinator, will assist the Florida Keys Scenic Corridor Alliance and the Florida Department of Environmental Protection to support the implementation of the Florida Keys Overseas Heritage Trail Master Plan. Section 3. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. This ordinance shall be transmitted to the Planning Department to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 6. 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 Administrative Commission finding the amendment in compliance with Chapter 163, Florida Statutes. Remainder of Page Intentionally Left Blank PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 2nd day of June A.D., 2009. Mayor George Neugent Yes Mayor Pro Tern Sylvia Murphy Yes Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COup, FLORID"....... ..t...... BY ~-,-L.CI tJ)~5e.(/ .. Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK c-\ \C\ ~ -+ ~ J1 , ~OJ~C. ~ DEPUTY CLERK 3: 0 I'..) ." ,? :r> :I - .~ ("") :z '-0 r- ; ", ~~d i- Z C :'--''r"''J _"."....i '::.J ;:.-: :- - ..." C) (:) O;:llC :::0 :;::;0 .." :::0 . r- --1 ........ :-c :z ", :;"< ;-i ):> .J::- ('") -rt C") .. 0 r- ,." :::0 - C ~ ~i ~ B-g. t: ~&! (3 a:'C ~~ ~~ "c:-- "0 ll.g ~ a:~ 5E20 LO~9 ~OOO 0952 LOOL . ~~~-;WE~ FLORIDA DEPARTMENT or STATE . - . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State June 18,2009 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. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through 022-2009, which were filed in thIS office on June 15,2009. S~ewuc;) 3: 0 ~~J l> z('");z ;..."") r- ."_ :2: ,--; fT1.....,.. rQ"7'""1 "- ~~ ("'');::1; 302 -1nz ::;-< ;-i)> '1 C> r- tTt Liz Cloud Program Administrator LC/srd DI\llCTOR'S OFFl(;E Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0 850.L45.6600 .. FAX: 850.215.673:i .. TDD: 850.9?2.4085 .. hti,.llrllis.dos.state.f1.us COMMUNITY DEVEI.OPMEN T 850.245.6600 .. FAX: tiSJ.245.6fA3 -' ",HE LiBf,ARr' OF FVJRIDA 85.') :? 45.660G to FA-'X: 850.2< 5.6744 STATE ARCHIVES OF FLORIDA 850.2'L56700 .. FAX: 250.4S8.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 .. FAX: f,;).488.9879 kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES 850 -'45.6750 '" FAX: 850.)'-:':6:t)5 ADMINISTRATIVE CODE AND WEEKLY 850.//;; 62~O .. FAX: 850.24).6282 i ~ N N .." - r- f"1 "1::)' -ra o :::0 ::0 ,.." n <::) ;::0 C ~ -f: :I