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Item L2 BOARD OF COUNTY COMMISSIONERS Meeting Date: April 21,2004 AGENDA ITEM SUMMARY Division: Growth Management Bulk Item: Yes No X Department: N/A AGENDA ITEM WORDING: A Resolution expressing the concerns of the BOCC about a proposed large scale mixed-used development, referred to as the Florida City Development of Regional Impact (DRI), and directing County representatives to the South Florida Regional Planning Council and staff to communicate the County's concerns in the development review process and oppose any element or phase of the development that will negatively impact the health, safety, and welfare of Monroe County citizens or will have a detrimental effect on the environment and economic base of Monroe County. ITEM BACKGROUND: At the March 17, 2004, BOCC meeting, the staff briefed the Board on a large scale mixed-use project of 1,465 acres proposed for South Miami-Dade County north of Card Sound Road and east of U.S. Highway 1. The proposed development would consist of 6,000 dwelling units, 300,000 square feet of retail, 90,000 square feet of office, an 1,800 seat theater, 240 hotel rooms, two schools, and 60 acres of parks. The BOCC directed the staff to prepare a resolution expressing the County's concerns about the adverse impacts of the proposed development in nearby Florida City, particularly on hurricane evacuation, potable water supply, the Everglades and Florida Bay ecosystem, and on the County's infrastructure and services from increased numbers of day and week- end trippers. Prior to preparing this resolution for the Board's consideration, the staff met with the consultants, who are preparing application for the DRI. The process to approve the DRI and associated amendments to the Miami-Dade comprehensive plan will take approximately a year and include several opportunities for the County to make its concerns known to the South Florida Regional Planning Commission and the Miami-Dade County Commission. The DRI application is anticipated to be completed by later this April. At its meeting with the DRI's consultants, the staff identified the concerns raised about the DRI project in the proposed resolution that needs to be examined as part ofthe project impact assessment and any comprehensive plan amendments. PREVIOUS RELEVANT BOCC ACTION: On March 17,2004, BOCC indicated its concerns about impacts of the proposed project on Monroe County and directed its staff to prepare a resolution formalizing these concerns. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/ A SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No Year APPROVED BY: County Atty ~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # L'2- Revised 1/03 RESOLUTION NO. - 2004 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXPRESSING CONCERNS ABOUT A LARGE-SCALE MIXED USE DEVELOPMENT, PROPOSED BY ATLANTIC CIVIL, INC., REFERRED TO AS THE FLORIDA CITY DEVELOPMENT OF REGIONAL IMP ACT (DRI). AND DIRECTING COUNTY PRESENT A TIVES TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND STAFF TO COMMUNICATE THE COUNTY'S CONCERNS IN THE DEVELOPMENT REVIEW PROCESS AND OPPOSE ANY ELEMENT OR PHASE OF THE DEVELOPMENT THAT WILL NEGA TIVEL Y IMPACT THE HEALTH, SAFETY AND WELFARE OF MONROE COUNTY CITIZENS OR WILL HA VE A DETRIMENTAL EFFECT ON THE ENVIRONMENT AND ECONOMIC BASE OF MONROE COUNTY. · WHEREAS, Atlantic Civil, Inc. proposes to develop 1,465 acres of a 3,187 acre tract located approximately at the junction of Card Sound Road, U.S. 1 and the Florida's Turnpike in south Miami-Dade County. hereinafter called the .'Florida City DRl"; and, WHEREAS, the proposed Florida City DRl development consists of 6,000 dwelling units, 300,000 square feet of retail, 90,000 square feel of office, an 1,800 scat theater, 240 hotel rooms. a Kindergarten to 8m grade school, a high school, and 60 acres of parks to be developed over a ten-year period; and, WHEREAS, the proposed development requires approval as a Development of Regional Impact under Chapter 380, Florida Statutes; and, WHEREAS, the subject parcel requires amendments of the Miami-Dade Cowny Comprehensive Development M8:l1er Plan Future Land Use Map (FLUM) and, the 2005 Urban Development Boundary (UOB), as it is located outside the 2005 Urban Development Boundary; and. WHEREAS, a significant amO\Ult of vacant. developable land already exists with existing or programmed infrastructure and public services within the existing UDB nonh of the subject development to easily accommodate the demand for tens of thousands of new dwellings and large scale commercial, office. and other non-residential development in South Miami.Dade without having to expand the existing UDB further towards the Florida Keys and enviromnentally sensitive lands; and. WHEREAS. an expansion of the UDB will only further encourage urban sprawl and leap-frog development, and the additional loss of valuable, irreplaceable agriculture lands and open space in Southwest Miami-Dade County; and, C:\TEMP\florida City Center DRI-Resolution_.doc Page lof4 WHEREAS, the expansion of the 2005 Urban Development Boundary will lead to further requests to expand the Urban Development Boundary (UDS) in Southwest Miami-Dade County to the further detriment of Monroe County and the fragile Everglades, Florida Bay, Biscayne Bay, and Florida Keys ecosystem; and, WHEREAS, the proposed development, which is all located within the 100-year flood plain, has potential adverse impacts for the full implementation of the Everglades Restoration Plan as it may well change the existing flood water holding capacity of the area, and the historic drainage and flow patterns of sUlface water to the Everglades, Florida Bay, and Biscayne Bay; and, WHEREAS. storm water from such development could lead to increased stonnwater pollution loading into Florida Bay and the Everglades, further degrading the quality of .water surrounding the Florida Keys which is vital for sustaining the commercial fishing and tourism economy of the Florida Keys; and, WHEREAS, the proposed development is in a location approximate to the Florida Keys Aqueduct Authority's well fields that provide Monroe County with its primary source of drinking water and may have potential detrimental impacts on the yield capacity of this well system, which is already severely constrained; and, WHEREAS, the proposed development will place increased permanent and transient population within easy access to Monroe County that will further add to the number of "weekend and day-trippers" to the Florida Keys further overwhelming the capacity of the County's infrastructure and services; and, WHEREAS, the project is located within an area recommended in the Miami-Dade Hurricane Evacuation Plan for evacuation during a Category 2 or greater hunicane; and, WHEREAS, the proposed development will utilize SW 360rh St. to create a main exit point at the critical junction of Highway 1 and Card Sound Rd, which is the sole hurricane evacuation route from the Florida Keys; and, WHEREAS, the loading of additional evacuation traffic from this proposed development at this critical road junction may detrimentally place the safety of the persons living and visiting the Florida Keys at much greater risk by increasing hurricane evacuation times and the possibility of life-threatening traffic jams during evacuation; and, WHEREAS, future development in the Florida Keys is directly tied to the time necessary to evacuate the Florida Keys, as evacuation is mandatory for residents and visitors for any Category 3 or greater hurricane; and, WHEREAS. under the current Hurricane Evacuation Model. the Florida Keys are already over the 24 hour standard that is required by the State of Florida and the County's Year 2010 Comprehensive Plan; and, WHEREAS, increasing the evacuation times for the Florida Keys resulting from the impacts of this development may even further limit the development of the Florida Keys in a C:\TEMP\Florida City Center DRl-R.esolution_.doc Page 2 of 4 manner that detrimentally impacts the Florida Keys economy and the capabilities of the County and its municipal governments to acquire environmentally sensitive lands, provide needed work force housing, and generate sufficient revenues to fund wastewater improvements to meet the stringent 20 10 wastewater treatment standards mandated by the State; and, WHEREAS, the Monroe County Board of Commissioners is further concerned that such an adverse impact may jeopardize the ability of the County to fully meet the comminnents of the partnership that the County recently entered into with the State of Florida to revise Rule 28.20, Florida Administrative Code governing the Florida Keys Areas of State Critical Concern; NOW mEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Semon 1: The intensity and location of development proposed under the Florida City DR! may have signiticant adverse primary impacts on the Florida Keys in terms of hurricane evacuation, potable water supply, the Everglades Restoration Program, and Florida Bay and Biscayne Bay water quality. Potential secondary adverse impacts on the County resulting from the development will be an increase in the numbers of day and weekend trippers to primarily the Upper and Middle Keys further overwhelming the already constrained capacity of the County's infrastructure and services. SeCliOD 2: The project will only further encourage and induce additional urban sprawl in 'South Miami-Dade by expanding the Urban Development Boundaries eventually leading to the elimination of the last acres of open space and agricultural lands remaining in South Miami Dade County and placing even funher unnecessary strains On the viability of the Everglades and Florida Bay ecosystem. SeetioD 3: If approved as proposed. the project and similar large-scale developments already occurring unimpeded in South Miami-Dade County may well threaten the County's long-tenn ability for sustainable development in terms of providing economic and housing oppornmities for residents without compromising the biodiversity of the natural enviromnent and continued ability of the natural and man-made systems to sustain livable communities in the Florida Keys for future generations. In the short-term it threatens to limit the County's ability to follow through on conunitments made to the Governor and Cabinet and Florida Department of Community Affairs to address wastewater, affordable housing, and acquisition of significant upland habitat issues. SeetioD 4: The County's representatives to the South Florida Regional Council are directed to represent the COWlty'S concerns before that body concerning the proposed Florida City DRJ and before other state and local governing and advisory bodies as appropriate. With the assistance of County staff, the representatives are also directed to report back to the Board with status repons and recommendations on any further Board action on this proposed development. SeetioD 5: The County Administrator is directed to instruct staff to continue to monitor the DR! review and approval process for this project, including reviewing and providing input on the final DR! application and supporting amendments to the Miami-Dade County Comprehensive Development Master Plan Futw-e Land Use Map and 2005 Urban Development Boundary; and prepare recommendations, as appropriate, for the Board's consideration to be submitted to the C:\TEMP\fJorida City Center DRJ-ResolutioD_.doc Page 3 of 4 Slate of Florida. South Florida Regional Planning Council, Miami-Dade County, or other appropriate governing or advisory body. SectioD 6: Monroe County will oppose, and direct its staff to oppose, any element or phase of the proposed development that it is shown to have a deleterious and negative impact, either directly or indirectly, on the health, safety, and welfare of its residents and on the environment and tourism economic base of the Florida Keys. SectiOD 7: The County Administrator is requested to send an executed copy of this resolution to the Florida Department of Community Affairs, South Florida Regional Planning Council, and Miami-Dade County Commission requesting that the County's concerns and issues identified by this resolution he fully addressed by the applicant in its project assessment for the DRI and application for amendments to the Miami-Dade County Comprehensive Development Master Plan Future Land Use Map and 2005 Urban Development Boundary. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of April, 2004. Mayor Murray E. Nelson Mayor Pro Tern David P. Rice Commissioner George Neugent Commissioner Dixie Spehar Commissioner Charles "Sonny" McCoy (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson MONROE COUNTY AT;-O - _ ~~FO;:O' CH/~~SJST~HT . WOLFE 01',_ -/ _ O~NTY A'rTOR~EY -"'------- ~ C:\TEMP\FIc.rida City ~I&)f DRJ-Resolution_.doc Page 4 of4 Sierra Club, Miami Group April 20, 2004 Mayor Murray Nelson Board of County Commissioners Monroe County, Florida Boccdis5@monroecounty-fl.gov Dear Mayor Nelson: On behalf of the 3,000 members of the Sierra Club residing in Monroe and Miami-Dade Counties, the Miami Group urges you to oppose the Florida City DR!. This parcel of land in the Model Lands Basin forms a natural wildlife corridor that connects Biscayne National Park to Everglades National Park. The Florida City DRI, if approved, would begin the bifurcation of this treasured ecosystem. Everglades National Park is the world's only ecosystem and National Park to be honored with three international distinctions: a World Heritage Site, a Wetlands of International Significance, and an International Biosphere Reserve. ,-Monroe County will bear ill effects of the Florida City DR!. Commuters will spend increased times driving to their mainland jobs, evacuations for hurricanes and nuclear accidents will require more time, and new sprawl in Florida City will likely add pressure for increased sprawl in the Florida Keys. There will be no benefits for Monroe County. The C-lll Spreader Canal Project is a multimillion dollar CERP and CSOP project designed to improve water quality in Manatee Bay and Barnes Sound and greatly reduce fish kills. Freshwater sheetflow will be restored to the estuaries. Wildlife habitats and fishing should significantly improve in the Upper Keys with the return of natural water movement. The proposed DRI will negate some of the benefits of the Spreader Canal Project. Urban runoff will be introducing new pollutants to the estuaries of eastern Florida Bay where previously none existed. The Miami Group ofthe Sierra Club urges you to oppose this poorly planned project and inform members of the Miami-Dade Planning Advisory Board, the South Florida Regional Planning Council, and the Miami-Dade County Commission of your position. Respectfully submitted, Rod Jude, Chair Miami Group Mark Oncavage, Conservation Chair Miami Group L~/ p:J.- FEB-.7-t2 06'29 PM NATIONAL AUDUBON 3135 371 6398 p.a2 AUDUBON OF FLORIDA FRIENDS OF THE EVERGLADES LAST STAND NATIONAL PARKS CONSERVATION ASSOCIATION OCEAN CONSERV ANCY 1000 FRIENDS Of FLORIDA TROPICAL AUDUBON SOCIETY URBAN ENVIRONMENT LEAGUE WORLD WILDLIFE FUND he Honorable Murray E. Nelson onroe County Board of County Commissioners amaron Building, Suite 2 9198 Overseas Highway ey Largo, Florida 33037 bear Mayor Nelsoni i n behalf of the undersigned organizations, we urge the Monroe County Board of County ommissioners to pass a resolution in opposition to Atlantic Civil, loc.'s Florida City evelopmcnl of Regional Impact (DRI) and Florida City's request to annex this property. The esolution should urge the Florida Department of Community Affairs and the South Florida egional Plonning Council to recommend deniAl of the DR! and comprehensive plan mcndmcnts. The resolution should also urge the Miami-Dade County Board of County om missioners to deny thc annexation and DR! requcsts. The proposed development would eriously undermine the ability to restore and maintain the ecological integrity of this sensitive rea, while creating adverse cumulative community impacts. oth the South Florida Water Management District's Save Our Rivers Program and the Miami- ade County's Environmentally Endangered Lands Program have identified all of th~ proposed RI area as environmentally sensitive lands for acquisition.! This project pushes development nto the Comprehensive Everglades Restoration Projecl's (CERP) Biscayne Bay Coastal Wetland roject Area ail well as the federally designated 100-year floodplain. The entire DRI is located ithin the County's designated hurricane evacuation zone "B:' therefore all residents would be cquired to evacUAte based 011 a hurrlcane's track and projected storm surge, independent of the lUrricane's category.2 Due to the project's pro~imity 10 U.S. Route I and Card Sound Road, a )Urricanc evacuation plan for this area will likely have adverse impacts on the hurricane vacuation route for residents of the Florida Keys. This development is in an environmentally ensitivo. flood prone area, is inconsistent with Miami-Dade County's CDMP. and threatens to ndcrminc Everglades restoration. ccordillj; to the Future Llmd Use Plan mRp of Miami-Dade County's Comprehensive cvelopll1ent Master Plan (CDMP), the future/planned land use designation for this site would lIow no more than one residential unit per five acres.2 Atlantic Civil proposes to build 6,000 esidential un its (an estimated 18,000 residents), 300,000 square feet of retail space. 90,000 quare feci of offic~ space, two schools, and a movie lhelltre on 1,465 acres.' Currlilntly, there is Il L ':l/fd. FEB-17- 2 06:29 PM NATIONAL AUDUBON 305 371 6398 P."'3 ayor Murray E. Nelson pril 20, 2004 a~e 2 of3 ouneen-year supply of land for residentinl development within the UDB in Florida City.2 This and, in association with future land use changes around urban centers, will supply 12,000 units of dditionnl housing within the UOB. The proposed DRI could be accommodated inside the UOB nd the UEA. The current location of the DR' is inconsistent with the COMPo s County Commissioners, you have an opportunity to provide guidllnce to your colleagues in iami-Dade to fRcilitate Everglades restoration and sustainable growth management in South lorido while protecting the unique ecosystems of Bisca)'ne Bay. Florida Ba)', and Barnes Sound. We urge you to voice your opposition to this unnecessary sprawl into environmentally sensitive areas. We thank you for your willingness to hear our cOl'cerns. Sincerely, April H. Gromnicki, Esq. Everglades Policy Director Audubon of floridn Nancy Klingener Florida Keys Program Managcr Ocean Conservancy Cynthia Guerra Executive Director Tropical Audubon Society Debbie Harrison Director of South Florida Program World Wildlife Fund John Ardornato, III Regional Representative National PArks Conservation Association DaVid P. Reiner, Esq. President friends of the Everglades Charles G. Pattison, AICP E~ecutive Director 1000 Friends of Florida Amy Lachal Lynch President Last Stand Nancy Lee Board of Directors Urban Environmental League (Signatures not included to expedite delivery) I Enclosures (2) c: County Commissioner Dixie Spehar County Commissioner George Neugent County Commissioner Charles "Sonny" McCoy MAyor Pro Tem David P. Rice FEB-'7-f2 06'29 PM NATIONAL AUDUBON 305 371 6398 P.04 l1yor Murray E. Nelson pril 20.2004 age J 00 RGANIZATION ADDRESSES ohn Adornato, III egional Representative Rlional Parks Conservation Associlltion 1909 Harrison Street, Suile 207 ollywood, Florida 33020 Nancy Lee Board of Directors Urban Environment League 212 Northeast 24th Street Miami, Florida 33137 pril H, Gromnicki, Esq. 'verglades Policy Director udubon of Florida 44 Brickell Avenue, Suite 850 iami, Florida 33133 Amy Lochat Lynch President Last Stand P.O. Box 146 Key West. Florida 33041 Charles G, Pattison. Alep Executive Directol' 1000 Friends of Florida Post Office Box 5948 Tallahassee, Florida 323 J 4 ynthia Guerra Executive Director ropical Audubon Society ~530 Sunset Drive Milllnl, Florida 33143 Debbie Harrison Director of South Florida Program World Wildlife Fund 8075 Overseas Highway Marathon, Florida 33050 David p, Reiner, Esq. President friends of the Everglades 7800 Red Road, Suite 21SK South Miami, Florida 33143 Nancy Klingener Florida Keys Program Manager Oeenn Conservancy 513 Fleming Street, No. \4 Key West, FL 33040 I Th~ M~monmdum on the Village of Floridll City AnnexlIlion Application from the Miami.Dade County Officc of Strategic Business Mnnagemcnt to the Boundl\ries Commission. February 4, 2003. , The- Memorandum on Florida City Annexation - City Resolution 1'10.03.29 from the Depanmcnt of Planning and Zoning to the Office of Strategic Business Management. April 12,2004. ) Florida City DR I Pre-Application Conference SummAry Materials, February 2004.