Ordinance 022-2021 1 f
2
31
4
5 �
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 022 -2021
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING POLICY 301.1.2 OF THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN TO REFLECT THE U.S. 1 LOS
14 TASK FORCE RECOMMENDATIONS TO THE BOARD OF COUNTY
15 COMMISSIONERS ON THE LEVEL OF SERVICE METHODOLOGY;
16 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
17 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
18 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
19 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
20 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
21 DATE. (File 2020-193)
22
23
24
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
27 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
28 manage land use and development; and
29
30 WHEREAS, Monroe County utilizes a unique methodology to assess level of service for
31 the Florida Keys to cover both its overall arterial length from Key West to the Florida mainland,
32 and 24 roadway segments, based on an average travel speed formula; and
33
34 WHEREAS, the unique methodology was developed by a US 1 LOS Task Force
35 consisting of Monroe County staff,Florida Department of Transportation(FDOT)and Department
36 of Community Affairs (DCA), which is now Department of Economic Opportunity (DEO); and
37
38 WHEREAS, the US 1 LOS Task Force was reconvened pursuant to Policy 301.2.1 and
39 BOCC Resolution 355-2020; and
40
41 WHEREAS, the BOCC approved a Resolution 064-2021 adopting the recommendations
42 of the U.S. 1 LOS Task Force and the 2021 Updated methodology document,A Methodology To
43 Assess Level-Of-Service On US-1 In The Florida Keys, and
44
Ord. 022-2021 Page 1 of 4
File 42020-193
I WHEREAS, on January 7, 2021 a community meeting was held, as required by LDC
2 Section 102-159(b)(3), to discuss the proposed text amendment, and to provide for public
3 participation; and
4
5 WHEREAS,the Monroe County Development Review Committee(DRC)considered and
6 reviewed the proposed amendment at a regularly scheduled meeting held on February 23, 2021;
7 and
8
9 WHEREAS,the Monroe County Planning Commission held a public hearing on April 28,
10 2021, for review and recommendation on the proposed amendment; and
11
12 WHEREAS, the Planning Commission was presented with the following documents and
13 other information relevant to the request, which by reference is hereby incorporated as part of the
14 record of said hearing:
15 1. Staff report prepared by Cheryl Cioffari, Assistant Director of Planning and Mayte
16 Santamaria, Senior Planning Policy Advisor, dated March 24, 2021;
17 2. Sworn testimony of Monroe County Planning&Environmental Resources Department
18 staff, and
19 3. Advice and counsel of Peter Morris, Assistant County Attorney, and John Wolfe,
20 Planning Commission Counsel; and
21
22 WHEREAS, based upon the information and documentation submitted, the Planning
23 Commission makes the following Findings of Fact and Conclusions of Law:
24 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
25 Monroe County Year 2030 Comprehensive Plan; and
26 2. The proposed amendment is consistent with the Principles for Guiding Development
27 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
28 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and
29
30 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P05-21
31 recommending approval of the proposed amendment; and
32
33 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
34 Comprehensive Plan, to amend Policy 301.1.2 to reflect the U.S. 1 LOS Task Force
35 Recommendations to the BOCC on the level of service methodology; and
36
37 WHEREAS, at a regularly scheduled meeting held on May 19, 2021, the Monroe County
38 Board of County Commissioners held a public hearing, considered the staff report, and provided
39 for public comment and public participation in accordance with the requirements of state law and
40 the procedures adopted for public participation in the planning process; and
41
42 WHEREAS, at the May 19, 2021, public hearing, the BOCC adopted Resolution 198-
43 2021, transmitting the proposed text amendment to the State Land Planning Agency; and
44
Ord. 022-2021 Page 2 of 4
File 42020-193
I WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
2 Objections, Recommendations and Comments (ORC) report, received by the County on July 23,
3 2021; and
4
5 WHEREAS, the ORC report stated, "the Department does not identify any objections or
6 comments to the proposed amendment;" and
7
8 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
9 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
10
11 WHEREAS,at a regularly scheduled meeting on August 18,2021,the BOCC held a public
12 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
13
14 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
15 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
16 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
17 manage land use and development; and
18
19 WHEREAS, based upon the documentation submitted and information provided in the
20 accompanying staff report, the Monroe County Board of County Commissioners makes the
21 following Conclusions of Law:
22 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2030 Comprehensive Plan; and
24 2. The proposed amendment is consistent with the Principles for Guiding Development
25 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
26 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
30
31 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
32 as follows (deletions are shown sue; additions are shown underlined):
33
34 Policy 301.1.2
35 For U.S. 1, Monroe County hereby adopts a level of service (LOS) standard
36 of C, as measured by the methodology established by the U.S. 1 LOS Task
37 Force and adopted by the Board of County Commissioners in "„a_.st ?99
38 February 2021 (BOCC Resolution 064-2021). The level of service on U.S. 1
39 shall be maintained within five percent(5%) of LOS C.
40
41
42 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
43 provision of this ordinance is held invalid,the remainder of this ordinance shall not
44 be affected by such validity.
45
Ord. 022-2021 Page 3 of 4
File 42020-193
I Section 3. Renal of Inconsistent Provisions. All ordinances or parts of ordinances in
2 conflict with this ordinance are hereby repealed to the extent of said conflict.
3
4 Section 4. TransmittaL This ordinance shall be transmitted by the Director of Planning to the
5 State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
6
7 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
8 Secretary of the State of Florida but shall not become effective until a notice is
9 issued by the State Land Planning Agency or Administration Commission finding
10 the amendment in compliance with Chapters 163 and 380,Florida Statutes and after
11 any applicable challenges have been resolved.
12
13 Section 6. Inclusion in the Comprehensive Plan.The text amendment shall be incorporated
14 in the Monroe County 2030 Comprehensive Plan.The numbering of the foregoing
15 amendment may be renumbered to conform to the numbering in the Monroe County
16 Comprehensive Plan.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
19 Florida,at a regular meeting held on the 18th day of August 2021.
20
21 Mayor Michelle Coldiron Yes
22 Mayor Pro Tern David Rice Yes
23 Commissioner Craig Cates Yes
24 Commissioner Eddie Martinez Yes
25 Commissioner Mike Raster Absent
26
27 BOARD OF COUNTY COMMISSIONERS
1660 28 OF MONROE C s -' Q,/./I` ;
3T BY
I MAYOR MICHELLE COLDIRON
31 (SEAL) /
34 •A t,&L51:KEVIN ADOK,CLERK
35
36 By�
37 AS EPUTY CLERIC
MONROE COUNT v ";',iriNEY
APPROVED AS TO FOR • --
DEREK V. N WARD ,a
ASSISTANT COUNTY ATTORNEY •- cn _
DATE 9131ht
r
T
r— ,Z
Ord.022-2021 Page 4 of 4
File a2020-193
. _ KEY WEST
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P.-(30$)292-7777 ext 219 F.'(305)295-W25
legelsakeysmws.cem
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account:423741 Ticket: 3806399
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
LAM t ,who on oath says that he or she is
lP� of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Sunday,August 1,2021
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for theAurpose of securing this advertisement for publica-
ti n the s id n papa
f�
(Signature ofAffiant
A d d s ed before me this 2nd day of August 2021
( a ublic gn Qu"
atu
(Notary b c Prin Name) (Notary Seal)
My commission expires �a2
Personally Known_2L Produced Identification
Type of Identification Produced
Sue�nn Stamper
fs 2
\ f
NOTICEF MONROE COUNTY
BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC
MEETING AND:' NOTICE
OF PUBLIC HEARING
NOTICE OF CHANGE TO
THE MONROE COUNTY
COMPREHENSIVE PLAN
that on AugustWed 18,
2021 the on u a o
will hold a Public Mesting,beginning at 09M AM.The BOCC
meeting will be a hybrid format with the County Commission
members meeting Ova in Key West, The;public will be able
to participate via Zoom Webinar,The following items will be,
considered at a PUBLIC MEETING:
PUBLIC HEARINGS. 1: or as soon thereatter as
may be a
AN ORe CE BY THEC
COUM COMMUMM AMENDING POLICY 301.12
OF THE 2030 MONROECOUNTY COMPREHENSIVE
PLAN TO REFLECT THE U.S. 1 LOS TASK FORCE
RECOMMENDATIONS TO THE 8 C ON THE LEVEL OF
SERVICE METHODOLOGY,PROVIDING FOR SEVERABILITY,
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE D
PLANNING AGENCY AND THE SECRETARY F STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE.(FILE 2020-193)
Please visit the Monroe County e at moM
monromountLAgov for mesting agendas and
Informagon regardingvarious opUons available to
the is to view the live meeting andfor to make public
comments on certain agenda items.
Pursuant to Section 286,0105 Floridato ', If a person
decides to appeal any,decision of the Board of County
Commissioners, with respect to any matter considered t
the meeting or;hearing,Jhe or she will need a record of the
proceedings,and that for such purpose,he or she may need
to ensure a verbatim record of the proceedings is made,
which record Includes testimony&evidence upon which
the appeal is to be based.
ADA ASSISTANCE:!f you are a person with a disability
who needs special accornmodations In order t
participate In this L
proceeding, tCounty
In )
1,e hours of a. -5 '. ., la ebetween r meeting, P
you r voice Impaired, ►l" 11.0
GJ�t C°UR"c
o: Kevin Madok, CPA
.. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida
•ROE COUNT. Y1
August 25, 2021
Department of State
Adtuiiiistrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Orduiance No. 022-2021 ammnduig Policy 301.1.2 of the
Monroe Comity 2030 Comprehensive Plan to Reflect the U.S. 1 LOS Task Force
recommendations to the Board of Comity Commissioners on the level of sem-Nrice methodology;
proxriding for severability; prox"ding for repeal of conflicting prox"sions; prox"ding for transmittal to
the State Land Planniiig Agency and the Secretaiv of State; proxridiiig for inclusion iii the Monroe
Comity Comprehensive Plan; proxridiiig for an effective
date (File 2020-193).
This Orduiance was adopted by the Monroe Comity Board of Comity Commissioners at a
regular meeting, held iii formal session, on August 18, 2021. Should you have airy questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kexrin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe Comity
Board of County Commissioners
bv.•Pamela G. Hancock, D.C.
cc: Planniiig& Environmental
Comity Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
August 25, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 022-2021, which was filed in this office on August 25,
2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270