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Item Q07 Board of County Commissioners Agenda Item Summary Meeting Date: November J..9; 2003 Bulk Item: Yes C No a( Division: Board of County Commissioners Department: George R. Neugent AGENDA ITEM WORDING: Reaffirmation to support Resolution 091-2002 in the present form and as passed initially with discussion and possible extension of the date - February 14, 2004 - based on staff and public input. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: YES C NO C COST TO COUNTY: $ Source of Funds: REVENUE PRODUCING: YES C NO C AMT PER MONTH: YEAR: APPROVAL: OMS/PURCHASING C RISK MANAGEMENT C Commissioner GEORGE R. N DISTRICT II DOCUMENTATION: INCLUDED IEf' TO FOllOW C NOT REQUIRED C DISPosmON: AGENDA ITEM # t97 :'_'i ,-,-~, U:;. '-'-:'.;44 l"i'l ~.lLLIc;Htj j'lUFf-H.,' ~~.u~.:. C',-I~ :)b -l~~. '-' . RESOLVTlQN NO. 091 - 2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING OROWTH MANAGEMENT TO DEFER THE ACCEPTANCE OF APPLICATIONS FOR NON-STAfF SPONSORED FUTURE LAND USE AND LAND USE MAP AMENDMENTS AND APPLICA nONS FOR EMPLOYEE AND AFFORDABLE HOUSING PROJECTS IN THE MIXED USE AND SUBURBAN COMMERCIAL LAND USE DISTRICTS UNTIL THE LIVABLE COMMUNIKEYS MASTER PLAN FOR THE AREA BETWEEN TAVERNIER CREEK AND MM 97 IS ADOPTED AND FOUND IN COMPLIANCE BY DCA OR FEBRUARY 14, 2004, WHICHEVER COMES FIRST. WHEREAS, the: Monroe County Ycar 2010 Comprehensive Plan (201Q PI~) in Policy 101.20.1 directs Monroe County to develop Master Plans to address local needs of the individ~al isJlUld communities; and WHEREAS. the master planning is to be undertaken through the Livable CommuniKeys Planning Program; and "'" WHEREAS, the Livable CommuniKeys Plan (LCP) for the &rell between Tavc:rnier Creek and MM 97 was started in February 200 I with a newsletter to thc community foIJowcd by the (lIst public meeting on March I. 2001 ; and WHEREAS, a community survey, additional newsletter and a second community meeting were held durill8 the year to create a vision for the commWliry and to identify issues to be addressed in the LCP; and WHEREAS, the timeline for completion of the planning pra<:css and drafting of the Master Plan and Map amendment for thc area between Tavernier C~ek and MM 97 is February 2003, adoption and being found in compliance by DCA is expected within the next year; and W1IEREAS, it will be destructive to the Plan if during the period of it's incubation and consideration, major projects and land use changes are approved; and WHEREAS, the community and pJannin& dire<:tor are concerned that requests for changes in land use designations durina this plannini period are taking time away from the Lep and has the potenliaJ to undennine the ultimate execution of the plan; and 'r P.'.)'::' Lit ~; J,~_\~'~I'" .-fl" t..__ L 1 '~H t ,I \'; i__' I. I ~'I ..> ~) ~l .... ' ~. ~_' i ,:', I _ 1,:_ 1 ~ "'" WHEREAS, the Board of County Conunissioners at it's meeting of January 17, 2002 dir~ted staff to prepare a resolution to defer the implementation of the "employee housing" amendment to the Land Development Regulations in the area covered by the LCP until the completion of the LCP; NOW THEREFOREi BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SectloD 1: Pursuant to the pending legislation doctrine set forth in Smith v. Citj' of Clearwater, 383 So. 2D 681 (Fla. 2nd DCA 1980). the Board of County Conunissioners hereby dirc:,ts Growth Management to defer the acceptance of applications for non-slaff sponsored Future Land Use and Land U~ Map amendments t!nd applications for I:;- emp1oye~ and affordable housing projects in the Mixed Use and Suburban Commercial land use districts foillOti! the Livable Communikeys Master Plan for area between Tavemier Creek and MM 97 is complete or February 14. 200~ whichever comes first. S~ctlon 2: Growth Management staff is directed to ~ntinue to work with the community and the Planning Commission to expedite preparation of the Livable CommuniKeys Master Plan and Maps for the area between Tavemeir Creek and MM 97. PASSID AND ADOPTED by the Board of County Commissioners of Monroc: Count)', Florida at 8 re~ullJr meeting held on the 14 day of February. A.D., 2002. """'" Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spellllr Commissioner Murray Nelson Commissioner Ocorge Neugent Commissioner Nora Williams ...s.ttS__ vea absent yes yes ...... .." :x .... ::;:1 0:::8 - BY 0 ..... r- 2: ;)10 ~ ,.., Mayor McCoy _ z ~p:o&; CD C :lIt-< N ~ n' r- (:) On. e>> C--:;II; ::0 .~: z~c ... ::D .....or ;<_::1: ::E ,." .. '-.fiJ n .., 101 0 r- 1""'1 s:- ::0 ". CJl c '- II"." 'J'j '-':e. U-.':4... Pr-l '~ILLII:"Htj l'IUPf'!I',' !.. (l''::l 0....::. _, 4- ~-) (, i'!. f' . '~11 , r I t. l. \ ~VERNIBil 3{~7-3(17 ... ' September 7. 2003 COMMllNITY ~ ASSOCIATION P08T OFFICE BOX 72 I lAVERNIER. FL 33070 PH: JO:'\-8~2-567J FAX: 30S-8~Z.8I!11 Comnlissioncr (j~llrge Neugent District 2 County Commissioner 2S Ships Way Big Pine Kc). Florida 33043 R~: nocc Resolution No. 091-2002 D.:ar Commissioner Neugent: At ollr Tavernier Community Assodation General meeting on Sunday, September 7'h the membership voted to request an extension, until completion of the LCP Mast(,f Plan, of the above referenced Resolution (copy attached). The Resolution is currently set to expire on February 14,2002, or when the LCP Master Plnn for our Planning Area is found in compliance by DCA. At the time the Resolution was sisned l.CP was underway and a completion date f~)r our Master Plan was set for February 2003. However, plannins staff resources hove been redirected towards other issues causing a major delay and loss of continuity in the lCP process. We patiently await the promised opportunity to 'address local needs of our individual community' including discussion on the Affordable and Employee Housing needs. Staft d~termined that it would be "destroctivc to the Plan if during ihe period of it's incubation and consideration, major projects and land use chanjcs are approved".lInd that requests had "the potential to undcnninc the ultimate execution of the plan" - those facts still remain. Additionally. the Rtsolution directed ,tatTto e"pedite prepllnition of the LCP Master Plan and Maps for the area between Tavernier Creek and MM 97 . exactly the opposite has happened. As the Affordable Housing Liaison for our County we are asking you to place OUf "e"tension rcques'" on the November (Key Largo) BoeC agenda. encl. SM/on