Item O05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wednesday. May 15.2002
Division:
BOCC
Bulk Item: Yes
No XX
Department: Comm. Nora Williams
AGENDA ITEM WORDING: Consideration of signage for Coastal Barrier Resources System
land use overlay district as per M.C. Ordinance #043-2001.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No XX
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR
APPROVAL:
, .
'I{~ fA.)~~6-J
(Nora Williams, Commissioner, Dist. IV)
DOCUMENTATION:
Included
To Follow XX
Not Required _
DISPOSITION:
AGENDA ITEM # c:;s--
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December] 9.200]
Division:
Growth Management
Bulk Item: Yes
Nol
Department: Planning
AGENDA ITEM WORDING:
Second of two public hearings to adopt an ordinance amending the Monroe County Land Development
Regulations by adding Section 9.5-258 to establish a new Land Use Overlay District that will prohibit
the extension or expansion of public utilities to units of the Coastal Barrier Resources System.
ITEM BACKGROUND:
The Coastal Barrier Resources Act (CBRA) of] 982 established the Coastal Barrier Resources System
(CBRS) to restrict the federally subsidized development of coastal barrier areas. Policy 102.8.5 of the
Year 2010 Comprehensive Plan states that Monroe County shall initiate efforts to discourage the
extension of facilities and services to CBRS units. On September 26,200] the Planning Commission
recommended approval of the amendment. The first public hearing was held at the regular BOCC
meeting on November 20,2001.
PREVIOUS REVELANT BOCC ACTION:
At the regular meeting held on Thursday, April ]9,2001 the Growth Management Staffwas directed to
create an overlay district to prohibit all properties on No Name Key from being served by public
electricity and resolve issues surrounding the lawsuit brought against the County by Taxpayers for the
Electrification of No Name Key, Inc.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Arty -L. OMB/Purchasing N/A
Risk Management N/A
DIVISION DIRECTOR APPROV AL:
Timothy J. McGarry, AICP
DOCUMENTATION:
Included ~
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
./
LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
COASTAL BARRIER RESOURCES SYSTEM
OVERLAY DISTRICT
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
DECEMBER 19, 2001
Staff:
ORC:
pc:
BOCC:
PROPOSED TEXT AMENDMENT
SECTION 9.5-258 (NEW)
OF THE MONROE COUNTY CODE
THE AMENDMENT PROPOSES TO ESTABLISH A NEW LAND USE
OVERLAY DISTRICT FOR AREAS DESIGNATED AS UNITS OF THE
COASTAL BARRIER RESOURCE SYSTEM ESTABLISHED UNDER
THE COASTAL BARRIER RESOURCES ACT OF 1982 AND THE
COASTAL BARRIER IMPROVEMENT ACT OF 1990. THE EXTENSION
OR EXPANSION OF TRANSMISSION AND/OR COLLECTION LINES
OF THE FOLLOWING TYPES OF PUBLIC UTILITIES SHALL BE
PROHIBITED WITHIN THE NEW OVERLAY DISTRICT: CENTRAL
WASTEWATER TREATMENT COLLECTION SYSTEMS, POTABLE
WATER, ELECTRICITY, TELEPHONE, AND CABLE. THIS
PROHIBITION SHALL NOT PRECLUDE THE MAINTENANCE AND
UPGRADING OF EXISTING PUBLIC UTILITIES AND SHALL NOT
APPLY TO WASTEWATER NUTRIENT REDUCTION CLUSTER
SYSTEMS.
RECOMMENDATIONS
Approval
September 19,2001
Staff Report
Approval
August 14,2001
Resolution #018-01
Approval
September 26,2001
Resolution #P61-0 1
First Hearing
November 20,2001
Agenda Item #R3
DRAFT BOCC ORDINANCE
.
PLANNING COMMISSION RESOLUTION #P61-01
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D18-01
ORDINANCE NO. -2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY
ADDING SEe. 9.5-258; PROVIDING FOR THE SEVERIBILlTY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORA nON INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal
Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal
barrier areas and specifically prohibited the "construction or purchase of any structure,
appurtenance, facility, or related infrastructure" 16 U.S.C. 3504(a)(l) in said areas; and
WHEREAS, Monroe County has 15 designated units of the CBRS which can be found
listed in Table 3.21 of the Monroe County Year 2010 Comprehensive Plan Technical Document
and illustrated on the Existing Land Use Maps of the Comprehensive Plan Map Atlas; and
WHEREAS, Objective 102.8 of Monroe County Year 2010 Comprehensive Plan states:
"Monroe County shall take actions to discourage private development in areas designated as units
of the Coastal Barrier Resources System [9J-5.006(3)(b)4]"; and
WHEREAS, Policy 1 02.8.5 of Monroe County Year 2010 Comprehensive Plan states:
"Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to discourage
the extension of facilities and services provided by the Florida Keys Aqueduct Authority and
private providers of electricity and telephone services to CBRS units"; and
WHEREAS, Current Flood Insurance Rate Maps published for the National Flood
Insurance Program by the Federal Emergency Management Agency, indicates there are five
developed residential areas (with five structures or less per acre) and one commercial area that
fall within the CBRS designation; and
WHEREAS, on Thursday, April 19, 2001 the Growth Management Staff was directed by
the Board of County Commissioners to create an overlay district prohibiting the extension of
public utilities to certain areas ofthe county; and
WHEREAS, the Development Review Committee on August 14, 2001, reviewed the
legal authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meeting held on September 26, 2001, the Monroe County .
Planning Commission conducted a public hearing on the proposed text, and recommended
approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
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1. The staff report prepared on September 19, 2001 by K. Marlene Conaway, Director,
Planning and Environmental Resources.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
following:
Chapter 9.5, Article VII Division 2 is hereby amended to include the
Sec. 9.5-258. Coastal barrier resources system overlay district.
(a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District is to
implement the policies of the comprehensive plan by prohibiting the extension and expansion of
specific types of public utilities to or through lands designated as a unit of the Coastal Barrier
Resources System.
(b) Application: The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a Coastal
Barrier Resources System Unit on current Flood Insurance Rate Maps approved by the Federal
Emergency Management Agency, which are hereby adopted by reference and declared part of
this chapter. Within this overlay district, the transmission and/or collection lines of the following
types of public utilities shall be prohibited from extension or expansion: central wastewater
treatment collection systems; potable water; electricity; and telephone and cable. This prohibition
shall not preclude the maintenance and upgrading of existing public utilities in place on the
effective date of this ordinance and shall not apply to wastewater nutrient reduction cluster.
systems.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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Section 4. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
Section 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2001.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
A TrEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
Page 3 of3
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ID:
FROM:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental
Resources
Memorandum
DATE:
RE:
September 19,2001
Coastal Barrier Resources System Overlay District
STAFF REPORT
L Background
The Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal Barrier Resources System
(CBRS) to restrict the federally subsidized development of coastal barrier areas. In 1990, Congress
passed the Coastal Barrier Improvement Act (CBIA). The CBIA tripied the size of the System
established by the CBRA. The CBIA also prohibits the issuance of new Federal flood insurance
within "otherwise protected areas" on buildings constructed after November 16, 1991, unless the
building is used in a manner consistent with the purpose for which the area is protected. By restricting
Federal expenditures and financial assistance which have the effect of encouraging development of
coastal barriers, Congress aimed to minimize the loss of human life, wasteful expenditure of Federal
revenues, and damage to fish, wildlife, and other natural resources associated with coastal barriers
along the Atlantic and Gulf of Mexico coasts. Specifically prohibited under the statute is the
"construction or purchase of any structure, appurtenance, facility, or related infrastructure" 16 U.S.c.
3504(aXl).
Areas designated as units in the Coastal Barrier Resources System are primarily undeveloped areas
including wetlands, offshore islands, ridge hammock, dunes, and similar ecosystems. These areas are
highly susceptible tidal fluctuation and serve as a buffer for upland areas against severe storm events.
Additionally, units in the CBRS contain a multitude of wildlife and fish habitats. Monroe County has
15 designated units of the CBRS which can be found listed in table 3.21 of the Year 2010
Comprehensive Plan Technical Document and illustrated on the Existing Land Use Maps of the
Comprehensive Plan Map Atlas.
Consistent with the intent behind the CBRA and CBIA, Objective 102.8 of the Monroe County Year
2010 Comprehensive Plan states: "Monroe County shall take actions to discourage private
development in areas designated as units of the Coastal Barrier Resources System [9J-5.006(3)(b)4]."
Supporting Objective 102.8 of The Monroe County Year 2010 Comprehensive Plan are Policies
1 02.8.1 through 1 02.8.5, which include: assigning negative points in the ROGO system to
development located in a CBRS unit, the prohibition of constructing new roads on or to units within
the CBRS, and discouraging the extension of public facilities and services. Policy 102.8.5 states:
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"Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to
discourage the extension of facilities and services provided by the Florida Keys Aqueduct
Authority and private providers of electricity and telephone services to CBBS units."
On current Flood Insurance Rate Maps published for the National Flood Insurance Program by the
Federal Emergency Management Agency, there are five developed residential areas (five structures or
less per acre) and one commercial area that fall within the CBRS designation. The developed areas
that are within designated CBRS units are:
1. Tamarino Acres subdivision in northern Key Largo
2. Maderia Village subdivision in northern Key Largo
3. Ocean Reef Shores subdivision in northern Key Largo
4. A parcel zoned SR on the mid-western coast of Big Torch Key
5. All areas of No Name Key except lots on and adjacent to Spanish Channel Drive, Bahia
Shores Road, and No Name Drive.
6. The southwestern-most peninsula in Safe Harbor on Stock Island (zoned MI).
Five of the six developed areas within the CBRS units are currently served by public infrastructure,
including electricity. Only the areas located on No Name Key have neither public water nor electric
service, however telephone service is available.
The Coastal Barrier Resources System Overlay District shall not be applied to Stock Island because
the area within the CBRS Unit on Stock Island contains only marine industrial development and all of
Stock Island is targeted to be served by centralized wastewater treatment services.
II. Methodology and Legal Authority
Policy 102.8.5 of the Year 2010 Plan enables the County to implement methods with which to restrict
the extension of public service facilities to or through CBRS units. Policy 102.8.5 states:
"Upon adoption of the Comprehensive Plan, Monroe County shaH initiate efforts to
discourage the extension of facilities and services provided by the Florida Keys Aqueduct
Authority and private providers of electricity and telephone services to CBBS units. "
In addition to the above stated policy specifically regarding extension of facilities to CBRS units, the
following Goals, Objectives, and Policies of the Year 201 0 Plan support the restriction on the
development of and access to units of the Coastal Barrier Resources System:
· Goal 209 and Objective 209.3;
· Objective 215.2, Policy 215.2.1 and Policy 215.2.3;
· Objective 1301.7 and Policy 1301.7.12.
The Planning Department proposes the addition of Section 9.5-258 to the Monroe County Land
Development Regulations (LDRs). This section establishes a Use Overlay for areas designated as
CBRS units. This Use Overlay can be placed on any new or existing zoning district as appropriate.
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ID. Proposed Text
Upon further research, minor changes to the staff report and proposed text have been made since
approval by the Development Review Committee. Changes include:
1) Additional background research in the report to further illustrate consistency with the Year
2010 Plan and
2) Further definition of the type of public services to be prohibited by this overlay.
The following new text shall be added to the Monroe County Land Development Regulations:
9.5-258 Coastal Barrier Resources System Overlay District
(a) Purpose. The purpose of the Coastal Barrier Resources System Overlay District is to
implement the policies of the comprehensive plan by prohibiting the extension and expansion, of
specific types of public utilities to or through lands designated as a unit of the Coastal Barrier
Resources System.
(b) Application. The Coastal Barrier Resources System Overlay District shall be overlaid on
all areas, except for Stock Island, within federally designated boundaries of a Coastal Barrier
Resources System Unit on current Flood Insurance Rate Maps approved by the Federal Emergency
Management Agency, which are hereby adopted by reference and declared part of this chapter.
Within this overlay district, the transmission and/or collection lines of the following types of public
utilities shall be prohibited from extension or expansion: central wastewater treatment collection
systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the
maintenance and upgrading of existing public utilities in place on the effective date of this ordinance
and shall not apply to wastewater nutrient reduction cluster systems.
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DRC RESOLUTION NO. D18-01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO AMEND THE MONROE COUNTY LAND DEVELOPMENT
REGULA TIONS BY THE ADDITION OF SECTION 9.5-258 AND THE
TEXT ADDITIONS TO SECTIONS 9.5-233, 9.5-236, 9.5-238, 9.5-239,
9.5-241, 9.5-242, 9.5-243, 9.5-245, 9.5-246, 9.5-250, 9.5-253 AND 9.5-
254 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO ESTABLISH A LAND USE OVERLAY
CATEGORY THAT WILL PROHIBIT THE EXTENSION, BUT NOT
MAINTENANCE, OF PUBLIC FACILITIES AND SERVICES
PROVIDED BY THE FLORIDA KEYS AQUEDUCT AUTHORITY
AND PRIVATE PROVIDERS OF ELECTRICITY AND TELEPHONE
SERVICE TO AND THROUGH AREAS DESIGNATED AS UNITS OF
THE COASTAL BARRIER RESOURCES SYSTEM.
WHEREAS, during a regularly scheduled meeting held on August 14, 2001, the
Development Review Committee conducted a review and consideration of the request by
the Planning and Environmental Resources Department to amend the land development
regulations by the addition of Section 9.5-258 along with text additions to Sections 9.5-
233,9.5-236,9.5-238,9.5-239,9.5-241,9.5-242, 9.5-243, 9.5-245, 9.5-246, 9.5-250, 9.5-
253 and 9.5-254; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Robert Will, Planner and dated August 13,2001; and
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the
Coastal Barrier Resources System (CBRS) to restrict the federally subsidized
development of coastal barrier areas and specifically prohibited the "construction or
purchase of any structure, appurtenance, facility, or related infrastructure" 16 U.S.C.
3504(a)(1) in said areas; and
WHEREAS, Monroe County has 15 designated units of the CBRS which can be
found listed in Table 3.21 of the Monroe County Year 2010 Comprehensive Plan
Technical Document and illustrated on the Existing Land Use Maps of the
Comprehensive Plan Map Atlas; and
WHEREAS, Objective 102.8 of the Monroe County Year 2010 Comprehensive
Plan states: "Monroe County shall take actions to discourage private development in
areas designated as units of the Coastal Barrier Resources System [9J-5.006(3)(b)4]"; and
Page I of2
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WHEREAS, Policy 102.8.5 of Morrroe County Year 20 I 0 Comprehensive Plan
states: "Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to
discourage the extension of facilities and services provided by the Florida Keys Aqueduct
Authority and private providers of electricity and telephone services to CBRS units"; and
WHEREAS, current Flood Insurance Rate Maps published for the National Flood
Insurance Program by the Federal Emergency Management Agency indicate there are five
developed residential areas (with five structures or less per acre) and one commercial area that
fall within the CBRS designation; and
WHEREAS, five of the six developed areas within the CBRS units are currently
served by public infrastructure, including electricity; and
WHEREAS, the Development Review Committee finds that the proposed
amendment is consistent with the Goals of the Momoe County Year 20 I 0
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of
fact supports their decision to recommend APPROVAL to the Momoe County Planning
Commission of the text additions to the Momoe County Land Development Regulations
as requested by the Momoe County Planning Department.
PASSED AND ADOPTED By the DeveloJ'ment Review Committee of Momoe
County, Florida at a regular meeting held on the 14 day of August, 2001.
Edward Koconis, AICP, Island Planning Team Director / DRC Chair YES
Fred Gross, Island Planning Team Director (Lower Keys) YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Robert Will, Planner YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Edward Koconis, AICP, DRC Chair
Signed this _ day of
, 2001.
Page 2 of2
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PLANNING COMMISSION RESOLUTION NO. P 61-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY ADDING
SECTION 9.5-258 TO ESTABLISH A NEW LAND USE OVERLAY
DISTRICT THAT WILL PROHIBIT THE EXTENSION OR
EXPANSION OF TRANSMISSION AND/OR COLLECTION LINES
OF THE FOLLOWING TYPES OF PUBLIC UTILITIES WITHIN THE
NEW OVERLA Y DISTRICT: CENTRAL W ASTEW A TER
TREATMENT COLLECTION SYSTEMS, POTABLE WATER,
ELECTRICITY, TELEPHONE, AND CABLE. THIS PROHIBITION
SHALL NOT PRECLUDE THE MAINTENANCE AND UPGRADING
OF EXISTING PUBLIC UTILITIES AND SHALL NOT APPLY TO
W ASTEW A TER NUTRIENT REDUCTION CLUSTER SYSTEMS.
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the
Coastal Barrier Resources System (CBRS) to restrict the federally subsidized
development of coastal barrier areas and specifically prohibited the "construction or
purchase of any structure, appurtenance, facility, or related infrastructure" 16 U.S.C.
3504(a)(1) in said areas; and
WHEREAS, Monroe County has 15 designated units of the CBRS which can be
found listed in table 3.21 of the Monroe County Year 2010 Comprehensive Plan
Technical Docwnent and illustrated on the Existing Land Use Maps of the
Comprehensive Plan Map Atlas; and
WHEREAS, Objective 102.8 of Monroe County Year 2010 Comprehensive Plan
states: "Monroe County shall take actions to discourage private development in areas
designated as units of the Coastal Barrier Resources System [9J-5.006(3)(b)4]"; and
WHEREAS, Policy 102.8.5 of Monroe County Year 2010 Comprehensive Plan
states: "Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to
discourage the extension of facilities and services provided by the Florida Keys Aqueduct
Authority and private providers of electricity and telephone services to CBRS units"; and
WHEREAS, Current Flood Insurance Rate Maps published for the National
Flood Insurance Program by the Federal Emergency Management Agency, indicates
there are five developed residential areas (with five structures or less per acre) and one
commercial area that fall within the CBRS designation; and
WHEREAS, on Thursday, April 19, 2001 the Growth Management Staff was
directed by the Board of County Commissioners to create an overlay district prohibiting
the extension of public utilities to certain areas of the county; and
Page I of3
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WHEREAS, the Development Review Committee on August 14,2001 reviewed
the legal authority and the proposed text, and recommended approval of the proposed
text; and
WHEREAS, during a regular meeting held on September 26, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text; and
WHEREAS, The Planning Commission was presented with the following
information, which by reference is hereby incorporated as part of the record of said
hearing:
1. The staff report prepared on September 19, 2001 by Robert Will, Planner.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public;
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
Monroe County, Florida, that the preceding findings of fact support its decision to
recommend APPROV AL to the Board of County Commissioners of the addition to the
text of the Monroe County Land Development Regulations, Section 9.5-258 "Coastal
Barrier Resources System Overlay District" as follows:
9.5-258 Coastal Barrier Resources System Overlay District
(a) Purpose. The purpose of the Coastal Barrier Resources System Overlay
District is to implement the policies of the comprehensive plan by prohibiting the
extension and expansion, of specific types of public utilities to or through lands
designated as a unit of the Coastal Barrier Resources System.
(b) Application. The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a
Coastal Barrier Resources System Unit on current Flood Insurance Rate Maps approved
by the Federal Emergency Management Agency, which are hereby adopted by reference
and declared part of this chapter. Within this overlay district, the transmission and/or
collection lines of the following types of public utilities shall be prohibited from
extension or expansion: central wastewater treatment collection systems; potable water;
electricity; and telephone and cable. This prohibition shall not preclude the maintenance
and upgrading of existing public utilities in place on the effective date of this ordinance
and shall not apply to wastewater nutrient reduction cluster systems.
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PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 26th day of September 2001.
Chair David Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
absent
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of
, 2001
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B 0 tt.
~~ v L a..v- ~ ~q.... J Ij'irwft:s PI 5
A-f'1R..\ L I q J LoB 1 - J(,,~ ~, FL.
the Horida Departmem ofCoIlllDl1Dity AJJairs and providing an e1fectNe date. Mr. McGany
addressed the Board. There was no public input. Motion was made by ColIlDlissioner Spehar
and seconded by Commissioner Nelson to adopt the fuDowing Ordinance. RoD caD vote was
taken with the foIk>wing results:
Commissioner McCoy Yes
Commissioner Nelson Yes
Commissioner Spebar Yes
Commissioner Williams No
Mayor Neugent Yes
Motion carried.
ORDINANCE NO. 020-2001
Said Ordinance is incorporated herein by reference
COMMISSIONERS' ITEMS
The Board discussed the Regiooal Parlc: S}Stem.Noofficial action was taken.
The Board also discussed approval of an agreemem with the City of Marathon
concerning the Florida Ke~ Marina and bay bottom at Boot Key Hamor; tbeMarathon
Community Park, and the M.acathon Yacbt Club and bay bottom. These issues were referred to
Commissioner Williamc; as the Board representative..
Mr. Roberts discussed status of the contract with the City of Marathon for emergency
medical services and a request ftom the City of Marathon .mr. Monroe County to take over their
enforcement services. Councilman Frank ~ with the City ofMaratbon addressed the
Board.
DMSlON OF GROWTH MANAGEMENT
Karen Cabanas, Assistant County Attomey dNcussed with the Board approval of a
proposed settlement agK'emeut fur Taxpa~ fur theBlcctrification of No Name Key. Inc.. et. al.
v. Monroe County and City Electric System, Case No. 99-819-CA-18 (FIa 16th Cir. Ct.),
allowing foc the extension of COlDiu.Macial electric service to the existing lawfully constructed
homes on No Name Key. The mDowiogindividuals ~ the Board: FnmIdin D.
Greenman, Attorney for Taxpayers for Electrification of No Name Key; Mick PutneY. Alicia
Putney, Jeannette Gato. representing No Name Key Residc:ots Against Commere.d Power; Cory
Lindy, J. A. Wemseo, Rob Barbee, Jane Sprenger Wallace, Kirk Wiederecht~Hany Wallis,
David Eaken, Daryl Miller, and Ruth Eaken, representing Taxpayers for F.1eIl~liiication of No
Name Key; PetroueUa Benton, Bob Banton, Attorney Richard Grosso. representing Dr. Snell and
Alicia Putney; Lenore Lohr, Jolm F. Lohr, Frank Atwell. Karen Jeanneret -Druckman, Tonig
Harlacher, Elizahetb Harlacher. Stu Garrison, Fa~ T. Daniels, Walter Keske. Rebecca Jetton,
representing the Department of Community Aft3irs;and Larry Sullivan. representing the Big
Pine Key Civic Association. After discussion, motion was made by Co~ioner Williams and
seconded by Commissioner Spehar to reject the proposed settlement agreement. Roll call vote
was unanimous.
Conunissioner Nekon exwsed himself iiom the meeting. Motion was made by
COmmissioner Spehar and seconded by Commissioner Williams directing Staff to bring back to ~
the Board for approval the creation of a zoning overlay d5trict designation of off-grid
encompassing an properties within the boundaries of No Name Key; and also, to address or
change the other issues that clearly caused confu.sion today. Ms. Cabanas addressed the Board.
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PAGE 62
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. MEMoRANDPM'~ ,."..
.TO:
FROM: .
GnIWtb. Maagement Staff
:. CoDcenOanlner, Bxecutive ASsi-d. .. ..
Growth Maoagemem Division nv.
DATE: .
March 20, 2002
RE:
Fiml Order from DCA
w~ have received the Final Order from DCA approving tile following Ordinance:.
Ordiaoo 043-20)1
Approval.of lJIJeD&:liDg the Monroe Count)' COde by ad4iDg Section 95-.258, establisbing a new
Land Use Overlay District.dJat will probibit the exleosion or expansion of public utilities rD.
units of the CoaStal Barrier Resources System. . .
,- "}
.;
.., ....
Publicotio" ;" tlrr .FWridiz ~.,e W"..,,: 2/22/02
EFFEC11VB .oA1 E: 3/15/02
If you have any qul:stiom please contaCt me at ex!. 2517.
Icg
cc: Timothy I. McGarry . AICP. DirecIor of Growth Management
Growth Ma:18Je1n,cDt Department Heads
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PLm-lIHG OCPT PAGE 06
;;;;~~ ~~:~
DCA Final Order No.: DCA02-0R-031
s't ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIOl'tS ADOPTED BY
MONROE C01JNTY ORDINANCE NO. 043-2001
FINAL ORDER
The Departmer.t of Community Affairs (the "Department") hereby issues its Final Order.
pursuant to H 380.05(3) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2001),approving
Monroe County Ordirnmce No. 043-2001 as set foJ1h below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a Io.:aJ government within the Florida Keys Area.
2. On January 28,2002, the Department received for review MOllIl)e COWlty Ordinance
No. 043-2001 which was adopted by the MoJttoe County Board of County Commissioners on
December 19. 2001 ("Ord. 043-2001"). Ord. 043-2001 establishes a Land Use Overlay District
that will prohibit the e:<tension or expansion of public utilities to units of the Coastal Barrier
Resources System.
3. Ord. 043-2Wl is consistent with the County's 2010 Comprehensive Plan.
CONCI,..USIONS OF LA W
4. The Department is required to approve or reject land development regulations that are
enacted. amend~d or r'lscinded by any local government in the Florida Keys Area ofCriticaJ
State Concern. ~~ 38(1.05(6) aod (1 1), Fla. Stat., and ~ 380.0552(9), Fla. Slat. (2001).
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5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552. Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Adm;n. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
r<'~"J;"iom r(ll'tr(ll1in~ !he rl~,,'("lnnnlen' (''1:1'1r f 1~OOJ](8~. FTn Sun (2001\ ThE' rE'~\ll:lt;om:
adopted by Oed. 043-2001 are land development regulations.
7. All land del'elopmenl regulations enacted. amended orl'eSCinded within an area of
critical state concern must be consistent with the PrincipleG for Guiding Development (the
"Principles"). ~ 380.0552(7), Fla. Slat.; see Rathlcamp v. Department of Commun ity Aflairs. 21
F.A.L.R. 1902 (Dec. 4,1998), afFd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. ~ 380.0552(1), Fla. Stat. (2001).
8. Qrd. 043-2(101 promotes and furthers the following Principles in ~ 380.0552(7):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
(b) To protect shoreline and marine resources including
mangre ves, coral reef formations, seagrass beds, wetlands. fish and
wildlifi:. and their habitat.
(c) To J1fotect uplmd resources, tropical biological communities,
fteshw:lter wetlands, native tropical vegetation, (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife:. and their habitat.
(d) To ,:nsure the maximum well-being ofthe Florida Keys and its
citizem; through 5<>und economic development.
2
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(1) To plolcct the public bealth, safely, and welfare of the citiz.ens
of the F orida Keys and maintain tbe Florida Keys as a unique
Florida'esource.
9. Ord. 043-20)1 is not inconsistent with the remaining Principles. Ord.043-2001 is
consistent with the Principles for Guiding DeveJopmentas .a whole.
\\'BEREFO~f: IT l~ npDERED Ih:'l1 Or~ O.1:-:f'\(H i~ f(\lIn<f If' hr ron~istenl "'it'" Ihr
Principles for Guiding Development of the Florida .Keys AreaofCriticalSta'eConcem, and is
hereby APPROVED.
This Order bCClmtCS effective 21 days aft~ publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AJ\ID ORDERED in TaUahassee,
ONNY T MERMAN,DIRECTOR
Divislon of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-21 00
NOTICE OF.ADMINISTRAllVE1UGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE Ol1}J()RnJNITY FOR AN ADMINISTRATIVE PROCEEDlNG
PURSUANT TO SECTION .120.569. FLORIDA STATUTES. REGARDING THE ENCY'S
ACTION. DEPENDll-IG UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MA iERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOUARE ENTITLED TO EITHER AN OO'ORMAL PROCEEDING OR A
FORMAL HEARING
IF YOUR pETlTION FOR HEARJNG DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACr CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINlSTRA TIVE ]JROCEEDING Wll..L BE AN INFORMAL ONE. CONDUCTED
PURSUANT TO SECnONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
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