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Resolution 406-1989 ~ ;::- '! r.' r,,! C "'j !~ 0 " C r f 1,__ '89 \JUL 11 P 4 :25 ~ ' " ''''1:,_:1 RESOLUTION NO. 406- 1989 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE TRANSMITTAL OF AMENDMENTS TO THE FLORIDA KEYS COMPREHENSIVE PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS \~EREAS, Chapter 163.3184, Florida Statutes (F.S.), provides for the process of amending comprehensive plans adopted pursuant to this statute; and WHEREAS, the local governing body shall transmit ten (10) copies of the proposed comprehensive plan amendments, accompanied by a copy of each plan element to be amended, to the state land planning agency, and WHEREAS, after the Florida Department of Community Affairs (DCA), acting as the state land planning agency, has coordinated the required intergovernmental review and transmitted in writing appropriate comments to the local agency; and WHEREAS, the local governing body may then adopt the proposed amendments with or without any recommended changes within 60 days of receipt of such comments; and WHEREAS, the Monroe County Board of Commissioners wish- es to so amend the Florida Keys Comprehensive Plan; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the board hereby authorizes the transmittal of amendments to the Florida Keys Comprehen- sive Plan to the Florida Department of Community Affairs. PASSED AND ADOPTED by the Board of Commissioners of Monroe County, Florida, at a regular meeting of said board held on the St4 day of -~~~--, A.D., 1988 BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA By ///L~~ Mayor/Chairman (SEAL) Attest:DANNX L. KO~GE) ~lerk BY .QL,~"'~/ Clerk ORDINANCE NO. -1988 AN ORDINANCE ADOPTING AND ENACTING TEXT AMENDMENTS TO THE FLORIDA KEYS COMPREHENSIVE PLAN, VOLUME II, FOR MONROE COUNTY, FLORIDA; ESTABLISHING THE SAME, PROVID- ING FOR THE REPEAL OF ANY ORDINANCES NOT CONSISTENT THEREWITH, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVID- ING A SEVERABILITY CLAUSE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE WHEREAS, Chapter 10 C, of the Florida Keys Comprehensive Plan, Volume II, allows for amendments every six months after September 15, 1986, that is, the effective date of adoption of the plan; and WHEREAS, the Monroe County Planning Commissioners sitting as the local plan- ning agency, and the Monroe County Board of Commissioners, after due notice and public participation in the hearing process, reviewed the amendments to the Florida Keys Comprehensive Plan and found such amendments necessary, due to changed conditions, and consistent with the provisions and intent of this plan and made recommendations concerning such amendments to the Florida Department of Community Affairs acting as the state land planning agency; and WHEREAS, Chapter 163.3184, F.S., provides for the amendment process, requir- ing transmittal of proposed amendments to the state land planning agency for interagency review, preparation of written comments that may include any objections and recommendations for modifications, and their transmittal to Monroe County; and WHEREAS, the Monroe County Board of Commissioners has received and reviewed at a public hearing such comments transmitted from the Florida Department of Community Affairs and is prepared to legislatively act upon them; now, there- fore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Board of Commissioners on this day of 1989, does hereby adopt and ratify those amend- ments to the Florida Keys Comprehensive Plan, heretofore properly approved pursuant to general law, which are attached to this ordinance, as if the text were fully set out in the body of this ordinance: numbers 154A, 155, 158, 160. Such changes are hereby transmitted to the state land planning agency for approval or disapproval pursuant to F.S. 380.0552(9). The same 04 disapproval pursuant to F. S. 380. 0552( 9) . The same are to be considered individually, severally, and independently of one another. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. If any section, subsection, sentenced, clause, item amendment, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. 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. Ex- cept, however, that no text amendment to the Florida Keys Comprehensive Plan shall be deemed effective until approved by the state land planning agency pursuant to Chapter 380.0552, F.S. PASSED AND ADOPTED by the Board of Commissioners of Monroe County, Florida, at a regular meeting of said board held on the day of A.D., 1989. BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) ./ Attest: '" Clerk ADOPTED: FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: - w PD 154A Section 2-109(B)5 Volume II, section 2-109(B)5, Monroe County Code, is hereby amended to read as follows: 5. To restrict development that is disruptive of the natural horizon of long, or visible from, the U.S.1 and county road 905 corridors. PD 155 Section Volume II, Chapter X,D, Page 237 Section Volume II, Chapter X,3, Page 237, Monroe County Code, is hereby amended to read as follows: ...In order to encourage the development of scarified and disturbed lands while preserving natural or undisturbed lands and in order to provide maximum flexibility in the excercise of private property rights, the plan provides for a program of transferable development rights. The transferable development rights program provides that all residential development rights allocated under the plan shall be severable from the parcel of land to which they are allocated and shall be transferable to any other parcel of land of equal to or greater allocated density. In the case of areas of critical county concern, development can be transferred to areas of equal or less sensitivity, as shown in section 9.5-345(a), clustering, provided that the maximum net density permitted in the land use district in which the receiving parcel of land is located is not exceeded. PD 158 Volume II, chapter X, section C,4c,d, and e, Florida Keys Comprehensive Plan Volume II, chapter X, section C,4c,d, and e, Florida Keys Comprehensive Plan, is hereby amended, adding a second sentence to "c. Public Hearin~s. The planning commission..." to read as follows: The planning commission, sitting as the local planning authority, and the board of county commissioners shall both conduct their respective hearings according to the procedure set forth in the F.S. 163.3184(15). And amending d. and e. to read as follows: d. Action by Plannin~ Commission. The planning commission shall review the application, the reports and recommendations of the department of planning and the development review committee, and the testimony given at the public hearing and shall submit its recommendations and findings to the board of county of commissioners. e. Action by Board of County Commissioners followin~ public hearin~s. (1) The board of county commissioners shall consider the report and recommendation of the department of planning, the development review committee, and the planning commission and the testimony given at the public hearings. - ... 1 (2) The board of county commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) changed projection (e.g., regarding public needs) from those on which the text or boundary was based; in evaluating changed conditions, the current capital facilities shall be considered probative; (ii) changed assumptions (e.g., regarding demographic trends) ; (iii)data errors, including errors in mapping, vegetative types and natural features described in Volume I of this plan; (iv) new issues; (v) recognition of a need for additional detail or comprehensive ness; or (vi) data updates; (vii)consistant with F.S. 380.0552(7)(a)-(h); Provided however, that in no event shall an amendment be approved which will result in an adverse community change of the planning area in which the proposed development is located. (3) In the event of a written protest against such amendment signed by twenty percent (20%) or more either of the area of the lots or land included in the proposed amendment or of the lots or land immediately adjoining the property to be affected and extending two hundred feet (200') therefrom, such amendment shall not become effective except by favorable vote of four (4) members of the board of county commissioners. Otherwise, the board of county commissioners may adopt the proposed amendment or the proposed amendment as modified by not less than a majority of its total membership. and PD160 Volume II, chapter IV, page 26, first paragraph, Florida Keys Comprehensive Plan, Volume II, chapter IV, page 26, first paragraph, Florida Keys Comprehensive Plan, is hereby amended to read as follows: 2. To require that the developers of all commercial, industrial, or multi-family projects make provision for the adequate housing of some or all of the employees of the development or to pay an adequate fee into an affordable and employee housing trust fund. Section 3, page 240, entitled "Timing," volume II is hereby repealed. 2 r -- , - 1!lannp 1.. If{olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (3051 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294.4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852.9253 July 14, 1989 Department of Community Affairs Howard Building 2571 Executive Center Circle, East Tallahassee, Florida 32301 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gentlemen: At a Special Meeting in formal session on July 5, 1989, the Board of County Commissioners of Monroe County adopted Resolution No. 406-1989 authorizing the transmittal of amendmentss to the Florida Keys Comprehensive Plan to your agency. Enclosed please find a certified copy of said Resolution. Very truly yours, :::,:-,~::'" en r""f. u::) ~;:: ~!(;:' o::r" eO_: and ex officio Clerk :;;:;;;,; Board ounty commissi~~~rs:j .,,1'1 Danny L. Kolhage Clerk of Circuit Court ~.", r-~ 1"" -,:_".::_~;~::$ ~ ~'tS 1_ .. , I 7 I by: Rosalie L. onnolly Deputy Clerk (,n c;r.~ cc: Mayor M. Puto Commissioner W. Harvey Commissioner D. Jones Commissioner E. Lytton Commissioner J. Stormont County Attorney R. Ludacer County Administrator T. Bro~ Asst. Co. Admin. D. Craig File .- 1-',.,:.- . r I: " , I x 11._.1_ P,027 136 155 RECEIPT FOA CER1'IFIED MAIL NOINSURANGKoVERAG'.ORDVIDED NOT FOR INTERNATIONAL MAIL J ~ ~ Certitied Fee Special Delivery Fee on ., 0> ~ C ~ -, 0; o ., '" E E "- en "- " P 027 136 128 RECEIPT FOR CERTIFIED MAIL NO IIrISURANCECOVERAGE PROVIDED NOT FOR INTE"",,, y Il"IL e P.O.. State and ZIP Co e ~ pos~age Certified Fee , kMeturn Receipt showing 10 whom and Date Delivered j) ~ \5 'j- ~ > Ii-:;~~~"':-V'~d' . ".. ,; ""\ (t; .. ,..- ~\ ~..~~JI ,.Jfl . coo WI. ,;J)/ FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802. The Capitol Tallahassee. Florida 32399-0250 (904) 488-8427 July 17, 1989 Honorable Danny L. Kolhage Clerk of Circuit Court & Ex-Officio Clerk to BCC Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage: purs~ant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of letter/s of and certified copy/ies of County Ordinance(s) Numbers 89-19. 89-20, 89-21, together with Resolution No. 89-406 2. Receipt of relative to: July 14. 1989 Monroe County Ordinance(s) (a) which we have numbered (b) which we have numbered We have filed tais/these ordinances in this office on July 17. 1989. (2:56 pm) The original/duplicate copy/ies showing the filing date is/are being returned for your records. Code cc: