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Resolution 341-2015 1 2 3 - 401 4 -==z! 5 7 8 MONROE COUNTY,FLORIDA 9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. 341 - 2015 11 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS TRANSMITTING TO THE 14 STATE LAND PLANNING AGENCY AN ORDINANCE BY 15 THE MONROE COUNTY BOARD OF COUNTY 16 COMMISSIONERS AMENDING THE LIVABLE 17 COMMUNIKEYS PROGRAM MASTER PLAN FOR FUTURE 18 DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY 19 AMENDING THE TIER DESIGNATION FOR PROPERTY 20 OWNED BY LONGSTOCK II, LLC, HAVING REAL ESTATE 21 NUMBERS 00300090-000000;00300180-000000;00300590- 22 000000 AND 00300670-000000 FROM TIER I TO TIER III ON 23 FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME 24 KEY). 25 • 26 27 WHEREAS, the Monroe County Board of County Commissioners conducted a public 28 hearing for the purpose of considering the transmittal to the State Land Planning Agency a 29 proposed amendment to the Monroe County 2010 Comprehensive Plan as described above; and 30 31 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 32 of County Commissioners support the requested text amendment; and 33 34 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 36 37 Section 1: The Board of County Commissioners does hereby adopt the recommendation of 38 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 39 for adoption of the proposed text amendment. 40 41 Section 2: The Board of County Commissioners does hereby transmit the proposed 42 amendment to the State Land Planning Agency for review and comment in 43 accordance with the State Coordinated Review process pursuant to Section 44 163.3184(4), Florida Statutes. 45 Resolution No.0xx-2015 Page 1 of 2 l 46 Section 3: The Monroe County staff is given the authority to prepare and submit the required 47 transmittal letter and supporting documents for the proposed amendment. 48 49 Section 4: The Clerk of the Board is hereby directed to forward a certified copy of this 50 resolution to the Senior Director of Planning and Environmental Resources. 51 52 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 53 Florida, at a regular meeting held on the 21st day of October, 2015. 54 55 Mayor Danny L. Kolhage Yes 56 Mayor Pro Tern Heather Carruthers Yes 57 Commissioner George Neugent Yes 58 Commissioner David Rice Yes 59 Commissioner Sylvia Murphy Yes 60 61 ,0v0� ( "•.. 6: ��:�, :,:,� '�'i: VILIN,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA 6 ++� -.= '� lerk Mayor Dan . Kolhage 67 No cP44'er 68 AL) MONROE COUNTY ATTORNEY IjPROVElD AA , O FORM: STEVEN T. WILLIAMS S ASSISTANT COUNTY ATTORNEY Date •- /o/a(/S • o ED __ r . r� m ems. N -� cp — o co fti 9 Resolution No.0xx-2015 Page 2 of 2 • Exhibit A to the Transmittal Resolution • 1 214:7-7)'";"":, 3 4 'fin: 5 6 7 ORDINANCE - 2015 8 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS 12 PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG 13 PINE KEY AND NO NAME KEY AMENDING THE TIER DESIGNATION 14 FOR PROPERTY OWNED BY LONGSTOCK II, LLC, HAVING REAL 15 ESTATE NUMBERS 00300090-000000; 00300180-000000; 00300590-000000 16 AND 00300670-000000 FROM TIER I TO TIER III ON FIGURE 2.1 (TIER 17 MAP FOR BIG PINE KEY AND NO NAME KEY); CREATING ACTION 18 ITEM 3.3.5 TO RESTRICT THE DEVELOPMENT OF THE FOUR 19 SUBJECT PARCELS TO ONLY AFFORDABLE HOUSING; PROVIDING 20 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 21 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL 22 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE 23 FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE 24 DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE 25 COUNTY 2010 COMPREHENSIVE PLAN. 26 27 28 WHEREAS, on December 17, 2003 the BOCC passed Resolution 562-2003 approving the 29 Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as the policy 30 document to direct growth and development of Big Pine Key and No Name Key. The LCP 31 implements the Habitat Conservation Plan (HCP) as well as provides for the development needs 32 of the community; and 33 34 WHEREAS, the LCP was completed in August 2004, adopted by the Board of County 35 Commissioners on August 18, 2004 and incorporated by reference into the Monroe County 2010 36 Comprehensive Plan by Policy 101.20.2(1); and 37 38 WHEREAS, Longstock II, LLC submitted an application requesting to amend Figure 2.1 of 39 the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and 40 No Name Key by amending the Tier Designation for Parcel #'s 00300090-000000; 00300180- 41 000000; 00300590-000000 &00300670-000000 from Tier Ito Tier III; and 42 43 WHEREAS, the Monroe County Development Review Committee considered the proposed 44 amendment at a regularly scheduled meeting held on the 28th day of July, 2015; and 45 46 WHEREAS, at a regularly scheduled meeting held on the 26th day of August, 2015, the 47 Monroe County Planning Commission held a public hearing for the purpose of considering the 1 Exhibit A to the Transmittal Resolution 48 transmittal to the State Land Planning Agency, for review and comment,a proposed amendment 49 to the Monroe County Year 2010 Comprehensive Plan; and 50 51 WHEREAS,the Monroe County Planning Commission made the following findings: 52 53 1. The proposed amendment is not anticipated to adversely impact the community 54 character of the surrounding area; and 55 56 2. The proposed amendment is consistent with the Goals, Objectives and Policies of the 57 Monroe County Year 2010 Comprehensive Plan; and 58 59 3. The proposed amendment is consistent with the Livable CommuniKeys Master Plan for 60 Big Pine Key and No Name Key and the Habitat Conservation Plan; and 61 62 4. The proposed amendment is consistent with the Principles for Guiding Development 63 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 64 Statute; and 65 66 5. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 67 68 WHEREAS, at a regular meeting held on the 21st day of October 2015, the Monroe 69 County Board of County Commissioners held a public hearing to consider the transmittal of the 70 proposed amendment, considered the staff report and provided for public comment and public 71 participation in accordance with the requirements of state law and the procedures adopted for 72 public participation in the planning process; and 73 74 WHEREAS, based on public comment and public participation in accordance with the 75 requirements of state law and the procedures adopted for public participation in the planning 76 process, the Monroe County Board of County Commissioners directed staff to include an 77 additional amendment as an Action Item designating Parcel #'s 00300090-000000; 00300180- 78 000000; 00300590-000000 &00300670-000000 for affordable housing only; and 79 80 WHEREAS, at the meeting staff recommended draft text to amend the Livable 81 CommuniKeys Plan by creating Action 3.3.5 designate the four subject parcels as affordable 82 housing overlay for only affordable housing development, which the BOCC voted to include in the 83 transmittal package; and 84 85 WHEREAS, at the October 21, 2015 public hearing, the BOCC voted to transmit the 86 amendment to the State Land Planning Agency; and 87 88 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 89 Objections, Recommendations and Comments (ORC) Report on , 2015, which 90 did not identify any issues with the proposed amendment; and 91 92 WHEREAS, the ORC report states and as 93 a response to the ORC Report, Monroe County 2 Exhibit A to the Transmittal Resolution 94 95 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 96 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 97 98 Section 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as 99 adopted by reference into the Monroe County 2010 Comprehensive Plan is 100 amended as follows: 101 102 (1) Amending the Tier designations on Figure 2.1 for four (4) parcels having real 103 estate numbers 00300090-000000; 00300180-000000; 00300590-000000 and 104 00300670-000000 from Tier I to Tier III as shown on Exhibit 1 attached 105 hereto and incorporated herein. 106 107 (2) Creating Action Item 3.3.5 as follows (Deletions are stricken through and 108 additions are underlined): 109 110 Action Item 3.3.5: Designate four (4) parcels having real estate numbers 111 00300090-000000; 00300180-000000; 00300590-000000 and 00300670- 112 000000 as an Affordable Housing overlay restricting the development or 113 redevelopment of the parcels to affordable housing only. 114 115 116 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 117 provision of this ordinance is held invalid, the remainder of this ordinance shall 118 not be affected by such validity. 119 120 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 121 conflict with this ordinance are hereby repealed to the extent of said conflict. 122 123 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 124 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 125 Statutes. 126 127 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 128 secretary of the State of Florida but shall not become effective until a notice is 129 issued by the State Land Planning Agency or Administration Commission 130 finding the amendment in compliance with Chapter 163, Florida Statutes and 131 after any applicable appeal periods have expired. 132 133 Section 6. Inclusion in the Comprehensive Plan. The number of the foregoing 134 amendment may be renumbered to conform to the numbering in the Livable 135 CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by 136 reference into the Monroe County 2010 Comprehensive Plan and shall be 137 incorporated in the Livable CommuniKeys Master Plan for Big Pine Key and 138 No Name Key. 139 3 Exhibit A to the Transmittal Resolution 140 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 141 at a regular meeting held on the day of , 2015. 142 143 Mayor Danny L. Kolhage 144 Mayor pro tern Heather Carruthers 145 Commissioner David Rice 146 Commissioner George Neugent 147 Commissioner Sylvia Murphy 148 149 BOARD OF COUNTY COMMISSIONERS OF MONROE 150 COUNTY, FLORIDA 151 152 BY 153 Mayor Danny L. Kolhage 154 155 (SEAL) 156 157 ATTEST: AMY HEAVILIN, CLERK 158 159 160 161 DEPUTY CLERK 4 1 EXHIBIT I 2 3 AMENDMENT TO THE LIVABLE COMMUNIKEYS PROGRAM MASTER PLAN FOR 4 THE FUTURE DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY TIER MAP 5 (FIGURE 2.1) FROM TIER I TO TIER III 6 00300090-000000;00300180-000000;00300590-000000 &00300670-000000 File No.2015-116 pg.20 Livable Communikeys Program No Name Key Tier Overlay Monroe County Tier Overlay District Tier Monroe County �_ Planning and Environmental Teri - Native Area Resources Department =Tier II - Transition and Sprawl Area = Tier II I - Infill Area Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020 -2009, § 1) 4 f. too