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Ordinance 016-1993 FLED FOR RrLaR bit5INANCE NO. 016 -19 9 3 `93 APR 28 P 1 :46 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSI.ONERS..__ OF MONROE COUNTY, FLORIDA, fir r. ,. .. ADbP.,7INGi THF�' AMENDED MONROE COUNTY YEAR 2010 giOEWSZUSI , PLAN PURSUANT TO THE JOINT S LATED $ TTLEMENT AGREEMENT AND SECTION 163 .3184, FLORIDA STATUTES (F.S . ) . WHEREAS, on August 24, 1990, the Monroe County Board of County Commissioners transmitted the Monroe County Comprehensive Plan 1990 - 2010 to the Department of Community Affairs pursuant to F.S . Section 163 .3184 (3) (a) , as memorialized in Resolution #402-1990; and WHEREAS, on December 6, 1990, Monroe County received an Objections, Recommendations, and Comments (ORC) report from the Department of Community Affairs on the transmitted Monroe County Comprehensive Plan 1990 - 2010, pursuant to F.S . Section 163 .3184 (6) ; and WHEREAS, on February 4, 1991, the Monroe County Board of County Commissioners adopted the amended Monroe County Comprehensive Plan 1990 - 2010 pursuant to F.S . Section 163 . 3184 (3) , as memorialized in Ordinance #002-1991; and _ WHEREAS, on March 22, 1991, the Department of Community Affairs filed a Notice of Intent to find the amended Monroe County Comprehensive Plan 1990 - 2010 "not . in compliance" , pursuant to F.S . Section 163 .3184 (8) ; and WHEREAS, on February 7, 1992 , the Monroe County Board of County Commissioners entered into a Joint Stipulated Settlement Agreement with the Department of Community Affairs, 1000 Friends of Florida, the South Florida Regional Planning Council, and Driscoll Properties, regarding the revisions necessary to bring said plan into compliance; and WHEREAS, on May 21, 1992, the Monroe County Board of County Commissioners transmitted the Monroe County Year 2010 Comprehensive Plan to the DCA pursuant to the Joint Stipulated Settlement Agreement and F.S . Section 163 .3184, as memorialized in Resolution #272-1992 ; and WHEREAS, on August 17, 1992, Monroe County received an Objections, Recommendations, and Comments (ORC) report from the page 1 COMPPLAN.93/TXTDR, 041893 1111111 DCA on the transmitted Monroe County Year 2010 Comprehensive Plan, pursuant to F.S . Section 163 .3184 (6) ; and WHEREAS, the Development Review Committee held a public meeting on September 23 , 1992 , pursuant to Monroe County Code (M.C.C. ) Section 9 .5-24 (c) (2) a. (iii) , and conducted a review and discussion of the Monroe County Year 2010 Comprehensive Plan and its associated Department of Community Affairs ORC report; and WHEREAS, the County professional staff and consultants have prepared, pursuant to M.C.C. Section 9 .5-24 (a) (2) g, their response to the ORC report, and recommendations addressing a wide range of topics, including but not limited to: hurricane evacuation; future land use maps; future land use categories; permit allocation system; TDR and variable density; recreation and open space; coral reefs; wetlands; upland vegetation; environmental design criteria; wildlife; mining; dredging; stormwater management; freshwater lenses; shoreline development; structures over water; Florida Keys National Marine Sanctuary Plan; natural features map; platting of residential lots; beneficial use; expansion of US-1; traffic; aviation data and maps; sewage treatment; and aquifer recharge; and WHEREAS, pursuant to F.S. Sections 163 .3164 (13) , 163 .3174, and M.C.C. Section 9 .5-22 (b) (1) the Monroe County Planning Commission is the Local Planning Agency responsible for preparing and making recommendations to the Board of County Commissioners of Monroe County, Florida concerning the Comprehensive Plan for Monroe County; and WHEREAS, the Monroe County Planning Commission, pursuant to M.C.C. Section 9 .5-22 (b) , held duly noticed public Comprehensive Plan hearings on September 29, 1992; September 30, 1992; October 15, 1992; October 29 , 1992; and April 1, 1993 ; and considered the recommendations of County professional staff and consultants, and prepared recommendations to the Monroe County Board of County Commissioners; and WHEREAS, the Monroe County Board of County Commissioners has received and considered the Planning Commission' s recommended revisions to the Policy Document, Technical Document, and Map Atlas of the Monroe County- County Year 2010 Comprehensive Plan, as outlined in Planning Commission Resolutions #P40-92 and #P14-93 ; and WHEREAS, the Policy Document, together with the Future Land Use and Future Traffic Circulation Maps, are the policy components of the plan; and WHEREAS, the Technical Document, together with all maps other than the Future Land Use and Future Traffic Circulation page 2 COMPPLAN.93/TXTDR, 041893 Maps, are merely supporting documentation and therefore are not policy components of the plan; and WHEREAS, the provisions of Policy 1 of the Policy Document are of the essence of the plan and are necessary for compliance with Article VII, Section 18 of the Florida Constitution; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Monroe County Board of Commissioners finds that the proposed Monroe County Year 2010 Comprehensive Plan, as amended on or before this date, (the "Remedial Plan" ) , complies with the provisions of Chapter 163 , Part II, Chapter 380 Florida Statutes and Chapter 9J-5, Florida Administrative Code. ' Section 2 . This Board also finds that the Remedial Plan is necessary to preserve, promote, protect and improve the public health, safety and general welfare, and prevent the overcrowding of land and avoid undue and unacceptable concentrations of population; and will also address the DCA' s objections as articulated in the ORC Report; and will provide a method by which government can conserve, develop, utilize and protect natural and historic resources in unincorporated Monroe County; and finds that the proposed Comprehensive Plan is substantially and reasonably related to the achievement of those objectives . Section 3 . The Board of County Commissioners hereby adopts as the Remedial Plan, pursuant to the Joint Stipulated Settlement Agreement and F.S . Section 163 .3184, the Policy Document, Future Land Use Map, Soils Map, Nature Features Map, and Future Traffic Circulation Map of the Monroe County Year 2010 Comprehensive Plan, as amended on or before this date. Section 4 . The data and analysis contained in the Technical Document, together with all maps other than the Future Land Use, Soils, Natural Features, and Future Traffic Circulation Maps, support the adoption of the Remedial Plan, but are specifically not adopted as a Remedial Plan and may be amended at any time. Section 5 . The Monroe County Clerk is hereby directed to forward a certified copy of this ordinance to the Office of the Secretary of State of the State of Florida. Section 6 . Except as provided for in Section 8 below, if the state land planning agency shall disapprove or find any element, policy, or objective of the Remedial Plan to be not in page 3 COMPPLAN.93/TXTDR, 041893 compliance, such disapproval shall in no way affect the validity of any other element, policy, or objective of the Remedial Plan. Section 7. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 8 . Following approval by the state land planning agency or the Administration Commission, this ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said office. The Remedial Plan shall not be deemed effective until approved by the State Land Planning Agency and/or the Administrative Commission, however, in the event that the Administration Commission acts to revise or amend Policy 1 of the Policy Document, this entire ordinance shall be null and void. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 15th day of April , A.D. , 1993 . Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes ATTEST:DANNY.-L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONRO OUNTY, FLORIDA By C. By Clerk or/Chairman (SEAL) APPROy 0 O M AND t • FFI Y BY rney's Office page 4 COMPPLAN.93/TXTDR, 042693 i I 1111111111 e�a,y Q&*ZS.}9A jai r entt.& .�py.... r OP` ��,9pF COUNT'I.f s.. Da nnp X. litotbacte BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027C KEY WEST, FLORIDA 33040 TEL. (305)852-7145 TEL. (305) 292-3550 April 28, 1993 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and. Laws Department of..State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 40Ttear9793, adopting the Amended Monroe County Year 2010 Comprehensive Plan pursuant to the Joint Stipulated Settlement Agreement and: Section 163.3184, Florida Statutes (F.S. ) . This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on April 15, 1993. Please file for record. Very truly yours, 01-1 C. C. 02) Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners ( By: Isabel C. DeSantis Deputy Clerk f 1 cc.: Municipal Code Corporation County Administrator County Commission County Attorney ;Finance Director Growth Management Division ' File "ai SENDER: i S Form 3800, June 1991 72 • Complete items 1 and/or 2 for additional services. ' I also wish to receive t e 0 9 S n v N �, gi • Complete items 3,and 4a&b. following services (for an extra d ° 0 o a_ _ g d H '-- y • Print your name and address on the reverse of this form so that we can fee): I 3 H n d ' ,_ " d a ° yyc", • Z p '" a`,- return this card to you. 1.764. °� y n 3 1 '� Oa H nN ; • Attach this form to the front of the mailpiece,or on the back if space 1: ❑ Addressee's Address lA E 1'� o. ^ act. c°: o ° �a • o H mi -D does not permit. n o a a �' hi N Z ('� • Write"Return Receipt Requested"on the mailpiece below the article number. o. ¢� m- `D = < „ y a' o ? 1 0 LIJ P. 2. E Restricted Delivery _ afi 2 o 0 0 m- co cD •+ • The Return Receipt will show to whom the article was delivered and the date �, •� �' f f ; n o w CC delivered. Consult postmaster for fee. d A • >'� © `° �� N n -� ' -0 3. Article Addressed to:12 10 4a. Article Number a s a tr1" N O m tD' W MUNICIPAL CODE CORPORATION 3 641 734 o "' fD o CD a• ' o- E P.O. BOX 2235 4b. Service Type - w no O 0 TALLAHAS SEE, FL. 32316-2235 ❑ Registered ❑ Insured 01 3 co w b rn 14 Certified ❑ COD CD W ❑ Express Mail [�'Return Receipt for tit; 8 7-Li W Merchandise o I N H d o '� p 7. Date of Deliv ry �•-I. N H a C is 7. �'n = 5. Signature (Addressee) 8. Addresse s ACZ dress (Only if requested Aa H - and fee is paid) e cc 6. S tur H 7 . O H PS Form 3811,-December 1991 * U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT - • ai SENDER: — - -• ----- __.—1_ O • Complete items 1 and/or 2 for additional services. I also wish to receive the " H • Complete items 3,and 4a&b. T. • Print your name and address on the reverse of this form so that we can following services (for an extra v • m return this card to you. fee): '':v • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y i PS Form 3800,June 1991 does not permit. .t • Write"Return Receipt Requested"on the mailpiece below the article number. *' — •+ • The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery •� �c - ao o o m a o y c 0 - H o gl delivered. ff ;, N Consult postmaster for fee. a) y D o; a 3. Article Addressed to: 4a. Article Number CC l' 3 tg g it a) y a m m n O n " F. d P 343 641 747 " '° �" yn" �tg 13 a MRS. LIZ CLOUD I' �' - 0 ° o. H cIII 4b. Service Type d o 0 0 H o o (� W o BUREAU OF ADMIN. CODE AND LAWS El Registered El Insured °C I 4� y A. °F. H t-' '� = - co -ii D m ra fD r n O H 70 0 c A LJ.I co m DEPARTMENT OF STATE 14 Certified ❑ COD e a �' < c -, -_I— .c. a° a. `° W THE CAPITOL ❑ Express Mail Il Return Receipt for c j� ' y ,, '� �' n m o tp'' - 0 TALLAHASSEE, FL. 32301 Merchandise + ,13 " 3 ›.H y o m i;m �- �, r Q 7. Date of Delivery 8 ,�`- t� H q 0 0 O t-' tc 5. Signature (Addressee) 8. Addressee's Address (Only if requested I i (-' r 3 m W ' - and fee is paid) a �*• �] Ce 6. Signature (Agent) .0 p, �' • d -. 0. r_N PS Form 3811, December 1991 DOMESTIC RETURN RECEIPT U.S.G.P,0.:1992-307-530 y "� 411111 cob to FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 May 3 , 1993 Honorable Danny L. .Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 .66 , Florida Statutes, this will acknowledge your letters of April 28, 1993 and certified copies of Monroe County Ordinance Numbers 93-13, 93-14 , 93-15 and19k3--16, which were received and filed in this office on May 3 , 1993 . Sincerely, Q111)&4.-C(R Liz Clou , Chief Bureau of Administrative Code LC/mb u - _7 • �c o . _ , . 1 . 7 •:.-::,/...` 5.plaTert i..epeUr,ent c:r MAY-7'93 lall'f---? 11 i.' ... 05/0E/93 'r.F v2 isr..ele Ihe iol ,., materii. Th0 yo,., for -,..... 3551FtAfiCE ard coepsratlon —III Llif.:171ancs Nosr 3-12, 01,;-19SS, fJ15-1993 xiiJ67. -4*:, TO: 1 Ms, Rosalie L. Connolly Eeputy Clerk Monroe County , ., • . P.0, Box 19BO Key West, FL 33040 • 1E002;.1'.—:EDE iNationbll • 1 il '-TA 1 n Irt I I I II , . IIIiiiiillilliit0 iiiiimumiiiiiimuniuttil. • .. . . 'OMI BOAR UNTY COMMISSIONS MAYOR,Jack London,District 2 C U N TY o M 0 N R 0 E Mayor Pro Tem,A Earl Cheal,District 4 'Fr:" Wilhelmina Harvey, District 1 KEY WEST FLORIDA 33040 Y,.' '•r Shirley Freeman,District 3 (305)294-4641 i` t r:: Mary Kay Reich,District 5 Planning Department (5 • 5100 College Road _ • Key West, FL 33040 (305) 292-4400 • - - April 20, 1993 Mr. Charles Pattison, Director Division of Resource Planning and Management Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Monroe County Comprehensive Plan Dear Mr. ison: Pursuant to Monroe County' s Joint Stipulated Settlement Agreement, the subsequent time extensions granted by the Department of Community Affairs, and your letter to Mayor Harvey dated August 17, 1992, I am hereby transmitting the Monroe County Year 2010 Comprehensive Plan (the remedial plan) as adopted by the Monroe County Board of County Commissioners on April 15, 1993 . Specifically, please find the following enclosures : 1) Four complete copies of the Monroe County Year 2010 Comprehensive Plan, consisting of: a) four copies of the Policy Document; b) four copies of the Map Atlas; c) four copies of the Technical Document; and d) four copies of the Technical Document Revisions . As requested in your August 17, 1992 letter, I am transmitting a fifth copy of the plan to the South Florida Regional Planning Council by copy of this letter. 2) One copy of the Monroe County Objections, Recommendations, and Comments (ORC) Response Document, which responds to the Department' s 1992 ORC report. 3) A listing of all the policies in the remedial plan that have changed since the Department' s 1992 ORC report. 4) A copy of the adoption ordinance. • a d f • As you are aware, this transmittal marks a historic milestone for growth management in Monroe County. After 19 years of being designated as an Area of Critical State Concern, the Monroe County__ Year 2010 Plan is the first plan -ever adopted by the Board of County Commissioners that mandates a reduction in the County' s rate of growth. I thank you for your personal assistance in the adoption process and I trust the Department will recognize the significance of this accomplishment. Please call me if you have any questions regarding this matter. Sincerely, Lorenzo hem Director of P1 ing cc: Board of County Commissioners ✓Danny Kolhage, County Clerk Tom Brown, County Administrator Robert Herman, Director of Growth Management Carolyn Dekle, South Florida Regional Planning Council Richard Grosso, 1000 Friends of Florida 2 11111 11111111)eliii41/111tAn' • SERVING THE UPPER KEYS FOR OVER 20 YEARS . DAGNY WOLFF Editor&Publisher BOX 1197 • TAV E R N I E R, FLA. 33070 (305) 852-3216 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF ,who on oath, says that she is EDITOR&PUBLISHER of THE REPORTER,a weekly newspaper published at Tavernier,Monroe County,Florida: that the attached copy of advertisement,being a_30 COL IN LEGAL ADV. IN THE MATTER OF NOTICE CHANGE LAND USE ADOPTION HEARING IN THE CIRCUIT Court,was published in said newspaper in the issues of_04/08/93 Affiant further says that the said REPORTER is a newspaper published at Tavernier,in said Monroe County,Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,Florida, each week(on Thursday),and has been entered as second class mail matter at • the Post Office in Tavernier,in said County of Monroe,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm,person,or . corporation any discount,rebate,commission or refund for the purpose of securing this said advertisem It for publication in the said newspaper. -,i Lu =_ S EL O(—) SWORN T AND SCRIBED BEFORE ME THIS — _12T1_DAY OF_APRIL_A.D., 1993 �� - C.) NOTARY PUBLIC NOTARY B7 F'ei-3'.AIC,'i;A.. F OF FLCP,77A MY COMMISSION EXPIRES• W :4t<'swat E+- r;g 4'!•02,; i3 1Q1'iD {'d;f;Yik..:,:f2.u:vLi7,a..GLENOV • f'I ADOPTIONHEARING T • . - The Monroe County Board of.Commissioners proposes to change the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on April 15, 1993 at 6:00 P.M.at the Key Colony Beach City Hall. The purpose of the hearing is to vote on the adoption of the proposed Monroe County Year 2010 Comprehensive Plan,by reviewing the recommendations made by the Planning Commission on April 1, 1993. This hear,'ing constitutes the"adoption"hearing required by Florida Statues and follows last May's transmittal hearing of the proposed plan to the Department of Community Affairs(DCA)and their subsequent submis- sion of an Objections, Recommendations, and Comments (ORC) report back to the County.This hearing will be on what changes should be included and adopted for resubmittal to the DCA. Copies of the proposed plan and ORC report are available for public inspection at the following places and times: all Monroe County Libraries and all Planning Department offices in the Upper, Middle and Lower Keys. All will be available during normal business hours. Interested parties may appear at the hearing and be heard regard- ing the proposed adoption of the comprehensive plan. • FLORIDA MAINLAND CO (SEE 1N9ET) (IMFMAINLAND 'Fxlco - .0• V 10 t0 {a :!'7. ' - - VA GULP or MEXICO . ab • MONROE COUNTY r• ► 0 MIL• II .1 ^ • ES .`14 4' ATLANTIC OCEAN .X1 • Lorenzo Aghemo, Director of Planning Monroe County Growth Management Division 5100 College Road, Wing III Key West, FL 33040 Published: 4/8/93 .y (305) 292-4400 THE REPORTER t Tavernier, FL 33070