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Ordinance 007-1992 ,. Growth Management . QBPINANCE NO. 007=J9~.~ AN ORDINANCE ADOPTING AND APPROVING CER- TAIN TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS THAT INCORPORATE NEW METHODS AND STAN- DARDS FOR MEASURING TRAFFIC LEVELS OF SERVICE; AND PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; FOR SEVER- ABILITY; AND AN EFFECTIVE DATE. -7 \.0 ~ 'l '--:.\ ""- -......,. -,.., Q ~ ~ ,] .., WHEREI\S, Chapter X, Section C (3), Florida Keys Comprehe~i Vf~;.:.::5 .'>- -'3 Plan (hl:'!reafter the Plan), provides that amendrnEmtsto the Plan text may be processed every six months from the effective date of the ordinance adopting the Plan; and WHEREAS I Section 9.5-.5II(c), Monroe County Land Devl~lopment Regulatl.ons (hereaftE~r the LDR's), provides that amendments to the LDR's text may be processed at any time; and WHEREAS, Chapter X, Section C(4)(b) of the Plan and Section 9.5-511(d)(1) of the LDR'f'l provide for t,he review of proposed amendments by the Planninq Department: and the Development Revie'" Commi ttee, who make recommendations to the Planning Commission; and WHEREAS, Chapter X, Section C(4)(c) of the Plan and Section 9.5-511(d)(3) of the LDR's provide that the Planning Commission and the Board of County Commissioners each hold at least one public hearing on proposed amendments to the text; and WHEREAS, Chapter X, Section C(4)(d) of the Plan and Section 9.5-511(d)(4) of the LDR's provide that the Planning Commission review the proposed amendments, as well as reports and recommen- dations of the Planning Department and the Development. Review Commi ttee, together with any public testimony, and submit its recommendations and findings to the Board of County Commission-- ers; and WHEREAS, because the amendments could be considered to "af.- feet the use of land", this Board has also followed the require-- ments of Section 125.66(6), Florida Statutes; and WHEREAS, Section 125.66(6)(a) requires that this Board hold two advertised public hearings after 5 PM on weekdays; and WHEREAS, this Board finds that all of the hearing and review requirements of both Chapter X of the Plan, Chapter 9.5 of the LDR's, and Section 125.66 of the Florida Statutes have been met; and WHEREAS, this Board now finds that the above outlined amend:" ment review process is now complete; and , ' WHEREAS, it is desired that this Board approve, adopt, and transmit these Amendments to the State Land Planning Agency for their review and approval; now, therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUN- TY, FLORIDA: Section 1. The Monroe County Board of Commissioners on this 18th day of February - , 1992, does hereby adopt and ap- prove the following amendments to the Plan and LDR' s, pursuant to general law: Volume II, Chapter 5, Section B(I)(b), page 34 of the Plan is hereby amended to read as follows: b. Level of Service It is the policy of the Comprehensive Plan that all segments of U.S. 1 in Monroe County be maintained at Level of Service "C" as measured by the U.S. 1 Level of Service Task Force Methodology. All other roadways shall be maintained at Level of Service "D" as measured by the 1985 Highway Capacity Manual. It is also the policy of the Board to provide for the essential health care related transportation needs of the mentally, physically and economically disadvantaged. To the extent possible, loading and unloading facilities for such transportation needs should be included in all uses likely to be served by such transportation. Section 9.5-4(L-4) of the LDR's is hereby amended to read as follows: (L-4) Level of service means a quantitative measure describing operational conditions within a traffic stream. The procedures contained in the "Highway Capacity Manual, Special Report 209," by the Transportation Research Board of the National Research Council, 1985, as updated or created shall be the primary basis and reference for determining the level of service of any given roadway other than U.S. I, bicycle path, or pedestrian facility. For U.S. 1 the basis for , ' determining level of service is the methodology developed by the U.S. 1 Level of Service Task Force. Section 9.5-292(a)(1)a of the LDR's is hereby amended to read as follows: a. County Road 905 within three (3) miles of a parcel proposed for development shall have sufficient available capacity to operate at level of service D as measured on an annual average daily traffic (AADT) basis at all intersections and/or roadway segments. U.S. 1 shall have sufficient available capacity to operate at level of service C on an overall basis as measured by the U.S. 1 Level of Service Task Force Methodology. In addition, the segment or segments of U.S. 1, as identified in the U.S. 1 Level of Service Task Force Methodology, which would be directly impacted by a proposed development's access to U.S. 1, shall have sufficient available capacity to operate at level of service C as measured by the U.S. 1 Level of Service Task Force Methodology. Sections 9.5-292(a)(I)c and d of the LDR's are hereby amended to read as follows: c. In areas which are served by inadequate transportation facilities on U.S. 1, development may be approved provided that the development in combination with all other permitted development will not decrease travel speed by more than five (5) percent below level of service C, as measured by the U.S. 1 Level of Service Task Force Methodology. d. Within thirty (30) days of the receipt of the official 1989 FDOT traffic counts of U.S. Highway 1 the county shall publish a notice informing the public of the available transportation capacity for each road segment of U.S. 1 as described in the county's annual public facilities capacity report. The available capacity shall be expressed in terms of the number of trips remaining until the adequate transportation facilities standard is exceeded. The notice shall be published in the nonlegal section of the local newspapers of greatest general circulation in the Lower, Middle and Upper Keys. Section 9.5-292(a)(I)e of the LDR's is hereby deleted. Section 9.5-292(b)(3) and (4) of the LDR's is hereby amended to read I ' as follows: (3) Annual assessment of public facilities capacity: On or before June 15 of each year, the director of planning shall submit to the board of county commissioners a report of the capacity of available public facilities in each of the service areas established in paragraph (2) of this subsection. The report shall be based on standard analytical methodologies and shall include a projection of the amount of residential and nonresidential growth that can be accommodated in each of the service areas during the ensuing year without exceeding safe and efficient provision of essential public services. The report shall clearly identify areas of inadequate facility capacity which are those areas with capacity below the adopted level of service standards as provided in subsection (a), paragraphs (1) through (4), and areas of marginally adequate facility capacity which are those areas at the adopted level of service standard or which are projected to reach inadequate capacity within the next twelve (12) months. In addition, the report shall include growth trends and projections and development permit monitoring system for each service area. (4) Ratification of the annual servi~e capacity report: No later than July 1 of each year, the board of county commissioners shall consider and approve or approve with modifications thl~ annual assessment of public facilities capacity. In the event the board acts to increase the development capacity of any service area, the board shall make specific findings of fact as to the reasons for the increase, including the source of funds to be used to pay for the additional capacity required to serve additional development to be permitted during the next twelve-month period. Section 9.5-292(b)(5)(b) of the LDR's is hereby amended to read as follows: b. Areas of inadequate facility capacity: The county shall not approve applications for development in areas of the county which are served by inadequate facilities identified in the annual adequate facilities report, except the county may approve development that will have no reduction in the capacity of the facility or where the developer agrees to increase the level of service of the facility to the adopted level of service standard. In areas which are served by inadequate transportation facilities, development may be approved in accordance with paragraph (a)(l)(c) of this section. An applicant, except for persons applying for a single-family residence, shall prepare a facilities impact report which demonstrates that: (i) The development, will no't reduce the capacity of the facility; or (ii) The necessary facilities and services are in place at the time a development permit is issued; or (iii) A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or (iv) The necessary facilities are under construction at the time a permit is issued; or (v) The necessary facilities and services are guaranteed in an enforceable development agreement, which may include, but is not limited to, development agreements pursuant to Florida Statutes section 163.3220, or an agreement or development order issued pursuant to Florida Statutes chapter 380; or (vi) The necessary facilities and services will be served by a concurrency managemen.t system which meets the requirements of rule 9J-5, Florida Administrative Code, and Florida Statutes chapter 163. The same are hereby transmitted to the state land pla,nning agen.- cy for approval or di sapproval pursuant: to F. S. 380.0552 (9) . Each amendment is to be considered individually, severally, and independently of one another. Section 2. .-.------.-- If the state land planning agency shall disap- prove any amendment incorporated herein, such disapproval shall in no way affect the validity of any other amendment_ Section 3. .--------- All ordinances or parts of ordinances in con- flict herewith are, to the extent of such conflict, hereby re- pealed. ~ e c .t.l.on-1___ If any section, subsection, sentence, clause, item, amendment, or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected by such invalidity. Section 5. 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 thi s ordinance has been filed with said office. Except, however, no amendment shall be deemed effective until approved by the state land planning agen- cy. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _~_~ day of February, A.D., 1992. Mayor Harvey not present Mayor Pro Tern London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes --.- BOARD OF COUNTY COMMISSIONERS OF~E C~y'~_~ORIRA ~....~.."".~ . B ' y.__ MAYOR/CHAIRMAN ATTEST: DANNY L. KOLHAGE, CLERK BY: ~ C. ffiu~~\ D C. DEPUTY CLERK -- (SEAL) [? l..-.tL, AS TO FORM ~y. Attot7Mly'8 0ffIt>> DRte I -.. -.. r-- \.. \.. l'annp I. f{olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 March 18, 1992 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (3051852-9253 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws iDepartment of state The capitol Tallahassee, Florida 32301 f 7/7 50 ') ~ -1 () Dear Mrs. Cloud: ) ) Enclosed please find a certified copy of Ordinance No. 007-1992 which adopts and approves certain text amendments to the Comprehensive Plan and Land Development Regulations that incorporate new methods and standards for measuring traffic levels of service; etc. This Ordinance was adopted by the Monroe County Board of County commissioners at a regular meeting in formal session on February 18, 1992. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners BY:~C. ~~ Isabel C. DeSantis, Deputy Clerk cc: Dept. of community Affairs , Mayor W. Harvey . Mayor Pro-Tem J. London Commissioner E. Cheal Commissioner D. Jones commissioner J. Stormont county Attorney R. Ludacer County Administrator T. Brown . Growth Management Director R. P ft30 Cl7'7 () / (:) P (/;30 7'~; d /<;7 ) ) Herman Ord.007 r I I SENDER: , . Complete items 1 and/or 2 for additional services. . Complete items 3, d 4a & b. . Print your name d address on the reverse of this form so that we can return this card you, , . Attach this rm to the front of the mailpiece, or on the back If space does not permit. , . Write "Return Receipt Requested" on the mail piece below the article nu.mber. . The Return Receipt Fee will provide you the signature of the person dellvere to and the date of delivery. 3. Article Addressed to: Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32099 I also wish to receive the following services (for an extra fee): 1, 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a, Article Number P 630 462 147 4b. Service Type o Registered KlCCertified o Express Mail 5, Signature (Addressee) o Insured o COD o Return Receipt for Merchandise 7. Date of Delivery q ~ -;}-G ,- 1""2-- 8, Addressee's Address (Only if requested and fee is paid) 6, 'It U.S. GPO: 1991-287-066 DOMESTIC RETURN RECEIPT NDER: . Complete items 1 and/or 2 for additional services. omplete items 3, and 4a & b. rint your name and address on the reverse of this form so that we can ret rn this card to you. . Attach this form to the front of the mailpiece, or on the back if space does not permit. . Write "Return Receipt Requested" on the mailpiece below the article number. . The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. 3. Article Addressed to: I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Department of Community Affairs P.O. Box 990 Key West, FL 33041 P 630 477 015 4b. Service Type o Registered )Qg Certified o Express Mail o Insured o COD o Return Receipt for Merchandise Date of Delivery 5, Signature (Addressee) ddressee's Address (Only if requested nd fee is paid) DOMESTIC RETURN RECEIPT SENDER: . Complete items 1 and/or 2 for additional services. . Complete items 3, and 4a & b. . Print your name and address on the reverse of this form so that we can return this card to you. . Attach ~'s form to the front of the mailpiece, or on the back if space does not p mit. . Write "R urn Receipt Requested" on the mail piece below the article number. . The Retur Receipt Fee will provide you the signature of the person delivere to and the d e of delivery, Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Mrs. Liz Cloud, Chief Bur~au of Administrative Code & Lqws; Dept. of State The Capitol Tallahassee, Florida 32301 P 717 509 220 4b. Servill'.. Type o Registlled n Certified o Express Mail o Insured o COD o Return Receipt for Merchandise 7. Date of Delivery 5, 'It U.S. GPO: t99t-287-066 DOMESTIC RETURN RECEIPT 6. 8, Addressee's A"ddre, s, S (0_1' quested and fee is paid),"; ',~' t\ :',:\:..J\) PS Form P 717 509 22lJ ~ Certified Mail Receipt - No Insurance Coverilge Provided 'M Do n~~ mnternational Mail =: (See Reverse) POSTAL SERVICE Sent to Department of State Street & No, The Capitol PO" State & ZIP Code Tallahassee, FL 32301 Postage $ -:)s- Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing g to Whom & Date Delivered Q) ~ <1l c :J -, o g Postmark CO) E ~ en a. " FLORIDA DEPARTMENT OF ST ATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 z \Q "1 N I ....1j 3: -, = ::::0 - N ..' -, W ~'u j'v '. . '. ~ '--' ~"-.I <"...; -, March 20, 1992 <.::) :z ~( "---'..--. 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 letter of March 18, 1992 and certified copy of Monroe County Ordinance No. 92-7, which was filed in this office on March 20, 1992. Sincerely, ~~~~ Liz Cloud, Chief Bureau of Administrative Code LC/mb I !