Ordinance 005-1999
ORDINANCE NO. 005-1999
AN ORDINANCE BY THE BOARD OF COUNTY COM-
MISSIONERS OF MONROE COUNTY, FLORIDA, AP-
PROVING AN AMENDMENT TO POLICY 301.7.3 OF
THE MONROE COUNTY YEAR 2010 COMPREHEN-
SIVE PLAN IN ORDER TO ALLOW TWO LANE SEG-
MENTS OF U.S. HIGHWAY ONE TO BE WIDENED TO
THREE LANES FOR THE ADDITION OF A CONTINU-
OUS TWO-WAY TURN LANE WHEN A DEMON-
STRATED PUBLIC SAFETY RISK EXISTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR A REMEDY
FOR CONFLICT; AND PROVIDING FOR AN EFFEC-
TIVE DATE.
WHEREAS, on August 13,1996 the Board of County Commissioners directed
the Planning and Engineering Departments to review all two lane segments of U.S.
Highway One for the possibility of three laning; and
WHEREAS, Policy 301.7.3 restricts two lane segments of U.S. Highway One to
two lanes for the planning horizon; and
WHEREAS, in order to reduce the risk to public safety, there may be segments
of U.S. Highway One that would benefit from the addition of a two-way continuous turn
lane; and
WHEREAS, the Planning Director has determined that the construction of a
two-way continuous left turn lane constitutes an additional traffic lane that requires an
amendment to the Future Traffic Circulation Map; and
WHEREAS, the Monroe County Development Review Committee during a
regular meeting held on December 16, 1997, recommended approval of the proposed
amendment; and
WHEREAS, at a regular meeting held on January th, 1998, the Monroe County
Planning Commission, sitting as the local planning agency, after due notice and public
participation in the public hearing process, conducted a public hearing and recom-
mended approval of the proposed amendment; and
l,
WHEREAS, on March 11, 1998, the Board of County Commissioners, after due
notice and public participation in the public hearing process, conducted a public
"transmittal hearing" and recommended that the proposed amendment be transmitted
to the Florida Department of Community Affairs (DCA) for its consideration; an~ '-0
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WHEREAS, the DCA reviewed the amendment and raised objections irlii~~ ;::r
Objections, Recommendations and Comments (ORC) report; and ~~=~ co
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WHEREAS, the Planning Department has revised the proposed language in
response to DCA's objections and continues to recommend approval of the amend-
ment; and
WHEREAS, on January 13, 1999, the Board of County Commissioners, after
due notice and public participation in the public hearing process, conducted a public
"adoption hearing" to consider adopting the proposed amendment in light of DCA's
ORC report; and
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COMMISSIONERS THAT:
Section 1. Policy 301.7.3 of the Policy Document of the Monroe County Year 2010
Comprehensive Plan is hereby amended to read as follows:
Policy 301.7.3
In recognition of the physical and environmental constraints that may affect
the widening of US-1 to four lanes, those portions of US-1 shown as two
lanes on the Future Traffic Circulation Map shall be limited to two lanes for
the planning horizon. This policy shall not be construed so as to prohibit the
addition of a third lane to be used as a continuous two-way turn lane for
those segments with a demonstrated public safety risk if the third lane has
been demonstrated to be the safest alternative. However, any such im-
provements identified on the Big Pine Key segment shall be deferred until
the completion of a Habitat Conservation Plan for the island. Unless already
shown, the addition of a continuous two-way turn lane shall require an
amendment to the Future Traffic Circulation Map.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition
or amendment thereto.
Section 5. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Page 2 of 3
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Section 6. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but the effective date of this plan amendment shall be the date a final
rule is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.3184, Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 13tHh day of Janua1t~99.
Mayor Wilhemina Harvey
Mayor Pro Tem Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
~
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yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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MAYOR/CHAIRMAN
ATTEST: DANNY L. KOLHAGE, CLERK
BY ~D~U~~C\.M.~ '
BY
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J9annp I. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF TIlE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Febroary 11, 1999
CERTJltDW MAIL
RETURN RECEIPr REQUESTFD
Mrs. Liz Cloud
Florida Department or State
Bureau or Adminl~rative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy or Ordinance No. 005-1999 APPROVING an
Amendment to Policy JOl.7.30r the Monroe County Year 2010 Comprehensive Plan in
order to allow two lane segments or u.S. Highway One to be widened to three lanes for
the addition of a continuous two-way turn lane when a demonstrated public safety risk
exists; providing for severability; providing for a remedy for conflict; and providing for
an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on January 13, 1999.
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Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
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put ler
Enclosure
cc: County Attorney
County Administrator
Acting Growth Management Director
Public Works Director
Monroe County Sheriff
Florida Highway Patrol
Public Safety Director
Emer&ency Management Director
File
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Th.nk you for using Return Receipt Service.
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Mairs
Division of Elections
Division of Historical Resources
Division of Ubrary and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
February 16, 1999
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letters dated February 11, 1999 and certified copies of Monroe County Ordinance
Nos. 005-1999 and 009-1999, which were filed in this office on February 15, 1999.
Sincerely,
Cf\y~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.n.us . E-Mail: election@mail.dos.state.fl.us
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