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: