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Ordinance 008-2008 • Revisions to the transmittal ordinance sent to DCA for review are shown with a "double strikcthrough" for deleted language and a"double underline" for newly inserted language. - ORDINANCE NO. 008-2008 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO REVISE SECTIONS OF THE FUTURE LAND USE ELEMENT AND THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT REGARDING RECREATIONAL AND COMMERCIAL WORKING WATERFRONTS; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SUBMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on February 4, 2008 for the purpose of adopting an amendment to the Monroe County 2010 Comprehensive Plan; and WHEREAS, the BOCC makes the following findings of fact and conclusions of law: 1. The purpose of the Monroe County Working Waterfront Program is to implement the relevant provisions of Chapter 2005-157, and Chapter 2006-220 of the Laws of Florida. More specifically, the purpose is to protect and promote Monroe County's recreational and commercial working waterfront; protect and improve public access to the shorelines and the waters of Monroe County; preserve, protect and enhance the cultural heritage and physical character of the area as a working waterfront community; and enhance the aesthetic character of the area by directing development in a manner that maintains the working waterfront identity of the County. 2. Monroe County's working waterfronts provide practical, logistical, and economic benefit to the public and to the County's economy and character. 3. Monroe County is experiencing the loss of recreational and commercial working waterfront and the loss of public access to the water due to the redevelopment of marine facilities, including, but not limited to marinas, boatyards, wet and dry storage, fish houses and commercial fishing vessel dockage, at an unprecedented rate. 4. It is important to preserve an acceptable level of working waterfront while still allowing an appropriate mix of water dependent and non-water dependent uses. 5. Fundamental elements of working waterfronts should be preserved to ensure that the ongoing need for working waterfronts is not exacerbated by non-water dependent development or redevelopment of water dependent facilities currently provided in numerous land use districts and distributed throughout Monroe County. 6. Florida Statute 380.0552 (7) establishes that a principle for guiding development is "(k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan". 7. A shelter is necessary to house those emergency personnel that are necessary to conduct the successful evacuation of the general public up to the last possible minute and therefore the emergency personnel may not be able to evacuate the Florida Keys themselves. 8. Monroe County Plan Policy 502.1.6 specifies an intent to use existing marinas on inhabited keys with full access to the road network as emergency ports. 9. Such emergency ports will require lodging for the operators and users of such emergency ports. 10. It is important to have a recovery force and materials pre-positioned at a location accessible by land and sea before a hurricane as an alternative to driving down the Overseas Highway. 11. A deep water basin provides an alternative to the Overseas Highway as an evacuation route. 12. A deep water basin provides an alternative to the Overseas Highway for delivering supplies during the reconstruction after a disaster. 13. On July 20, 2005 the Board of County Commissioners adopted Ordinance No. 017-2005 deferring the acceptance of development applications for the redevelopment and conversion of marine facilities until land development regulations which protect the working waterfront are drafted, which deferral was extended on July 21, 2006 and again on July 18, 2007 for a period of one year. 14. The Board of County Commissioners directed staff to enter into an interlocal agreement with the South Florida Regional Planning Council to prepare a Marine Management Strategic Plan on February 16, 2005. 15. The Board of County Commissioners adopted the Marine Management Strategic Plan on March 15, 2006. 16. On September 30, 2006, the Board of County Commissioners directed staff to enter into an interlocal agreement with the South Florida Regional Planning Council to develop implementation strategies for the Marine Management Strategic Plan including a Working Waterfronts Preservation Master Plan, Marina Siting Plan, Comprehensive Plan Amendments and supporting Land Development Regulations, and a database of marine-related facilities. 17. On March 21 and April 3, 2007 the Board of County Commissioners heard progress reports on the development of the proposed amendments__, paying particular attention to the concept of "no net loss." 18. On May 21, 2007 the Board of County Commissioners adopted Volume II of the Stock Island/Key Haven Livable CommuniKeys Master Plan which recommends preservation of the working waterfronts and public access. 19. If the Comprehensive Plan and Land Development Regulations are not amended to control certain conversions and redevelopments, future losses of recreational and commercial working waterfront and public access will negatively affect the economy_ Page 2 of 18 _ marine services (e.g. boatyards), marinas that arc available to the public, and traditional trades associated with commercial fishing. 20. Goal 212 of the 2010 Comprehensive Plan directs the County to prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County. 21. Goal 213 of the 2010 Comprehensive Plan directs the County to ensure adequate public access to the beach or shoreline. 22. Objective 502.1 of the 2010 Comprehensive Plan directs the County to promote the preservation and enhancement of the existing ports and port related activities. 23. Pursuant to Chapter 380.05(7) Florida Statutes, the proposed text amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. Specifically, the amendment furthers: Principle (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. Principle (b): To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. Principle (d): To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. Principle (f): To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. Principle (g): To strengthen local government capabilities for managing land use and development to protect the historical heritage of the Florida Keys. Principle (k): To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan. 24. On June 27, 2007 the Monroe County Planning Commission held a public hearing on the proposed comprehensive plan amendment, and continued the hearing to July 11, 2007 and again to July 25, 2007 and in due consideration of public comment and debate recommended passing a resolution to the Board of County Commissioners approving the adoption of an ordinance to amend the Monroe County Comprehensive Plan to preserve working waterfronts. 25. The proposed amendments are internally consistent with other elements of the Comprehensive Plan. Page 3 of 18 26. On September 19, 2007 the Board of County Commissioners considered the comments of the public, input from the Marine and Port Advisory Committee, recommendations of staff, the Planning Commission Resolution and other relevant materials, and approved the transmittal of the proposed Comprehensive Plan amendment to the Florida Department of Community Affairs. 27. On December 7, 2007, the Florida Department of Community Affairs provided its Objections, Recommendations and Comments Report and Review Agency Comments in response to the proposed Comprehensive Plan amendment. 28. The County staff has prepared a revision to the proposed amendment in response to the Objections, Recommendations and Comments Report and Review Agency Comments. 29. The Board of County Commissioners has considered the Objections, Recommendations and Comments Report and Review Agency Comments, comments of the public, recommendations of staff; the revised supporting Data and Analysis, and other relevant materials. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: [Amendments are presented in stfilethfetigh to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain un- amended.] Section 1. The Future Land Use Element is amended as follows: Goal 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [9J-5.006(3)a] ***** Objective 101.4 Monroe County shall regulate future development and redevelopment to maintain end flexibly guide the evolution of the character of the community, strengthen and diversify economic resources, and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [9J-5.006(3)(b) 3] Policy 101.4.5 The principal purpose of the Mixed Use/ Commercial land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the evolving community character the natural environment and orderly and balanced growth. Employee housing and commercial apartments are also permitted, along with other permanent residential development compatible with the mix of uses allowed. The maintenance and enhancement of economical) viable commercial fishing, and Page 4 of 18 related other traditional water dependent and water related uses such as retail, storage, and repair and maintenance shall be encouraged within this land use category (pursuant to Goal 219 of this Plan). This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply_; and 3. maximum net residential density shall be zero. Policy 101.4.6 The principal purpose of the Mixed Use/ Commercial Fishing land use category is to provide for the maintenance and enhancement of commercial fishing, and related traditional water dependent and water related uses such as retail, storage, and repair and maintenance which support the fishing industry. Residential uses are also permitted. Residential dwelling units designated as affordable and employee housing shall be encouraged in Mixed Use/Commercial Fishing, as provided in Policy 601.1.12. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed 2. a maximum floor area ratio of 0.10 shall apply_; and Policy 101.4.7 The principal purpose of the Industrial land use category is to provide for the development of industrial, manufacturing, and warehouse and distribution uses. Other commercial, public, residential, and commercial fishing-related, and port-related uses are also allowed. As used in this plan, Port-related uses include recreational and commercial working waterfront uses. Priority for shoreline development will be given to water dependent uses. [9J-5.006(3) (c) 1 and 7] Within the Industrial land use category shall be a Maritime Industries District (MI). MI Districts shall consist only of harbors capable of accommodating vessels of fifteen foot (15') draft and one hundred foot (100') length, and having access to the Atlantic Ocean via a channel no less than 100 feet (100') wide, together with contiguous TIER III upland and submerged lands. Areas that meet these criteria are deemed to be appropriate locations for the development or redevelopment of marinas and port facilities. The purpose of the MI district is to establish and conserve areas suitable for economically viable water port uses, water-dependent support facilities, and maritime uses such as historical waterborne passenger transportation-related and support services, , slip watercraft and vessel repair and other water dependent manufacturing and service uses. In order to prevent the loss of existing commercial harbor frontage to exclusive Page 5of18 residential use, no development order may be issued for construction for of new permanent residential uses or structures along any MI waterfront area which directly accommodates vessels of fifteen foot (15') drafts. the MI District unsuitable for dock:.= _ =::: :, -: :-_ _:: — - - -� may be satisfied by providing offsitc workforcc housing in a--- - :-• However, that water-dependent commercial facilities such as public lodging establishments that provide, or arc inter la y related to, may be constructed along the waterfront on any parcel that provides commercial, recreational and/or public boating access to marine and coastal waters--,:„ and workforce Employee housing accessory to the principal water dependent use of the MI District shall be allowed. Dwelling unit allocations attributable to houseboats shall be transferable _ Notwithstanding any other provisions of this Comprehensive Plan, Tthe following development controls shall apply to all land within the MI District: a) Allocated Density __—_- b) Maximum :- `:--:'- : _ _ _:,T------ : __ . _ ; - c) Density calculations shall include floating structures used as permanent residential units, and shall exclude federally-documented or State- registered vessels de ' _ -=. • --. •---- _ -__- = _--_- powe d a) Building height shall be measured from Base Flood Elevation("BFE"). e b) Public lodging facilities that serve as storm shelters and recovery centers for emergency personnel, capable of withstanding Category 5 storm force winds and which exceed minimum base flood elevation by at least 1 foot, shall not be required to obtain a residential dwelling unit building permit allocation be deemed "Development not impacting hurricane evacuation times", pursuant to Sce.9.5-120.4(d) of the Monroe County Code. f c) Commercial and industrial non-residential floor area for water-dependent support facilities ands other maritime facilities trees desi a ed so as to be capable of accommodating post-disaster relief and recovery, shall not be required to obtain a nonresidential building permit allocation. be deemed "Development not affected", . _ - Monroe County Code. Policy 101.4.21 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17: [9J-5.006(3)(c)7]. Future Land Use Densities and Intensities Future Land Use Category And Allocated Density(per Maximum Net Density Maximum Intensity Corresponding Zoning acre) (per buildable acre) (floor area ratio) Agriculture(A) 0 du N/A 0.20-0.25 (no directly corresponding zoning) 0 rooms/spaces N/A Airport(AD) 0 du N/A 0.10 (AD zoning) 0 rooms/spaces N/A Page 6 of 18 Conservation(C) 0 du N/A 0.05 (CD zoning) 0 rooms/spaces N/A Education(E) 0 du N/A 0.30 (no directly corresponding zoning) 0 rooms/spaces N/A Industrial(I) (I zoning) 1 du 2 du 0.25-0.60 0 rooms/spaces N/A (MI zoning) 4 8-12_du 2 12-18 du 0.25-0.60 ( 10-15 rooms/spaces N/A 15-25 rooms/ spaces Institutional(INS) 0 du N/A 0.25-0.40 (no directly corresponding zoning) 3-15 rooms/spaces 6-24 rooms/spaces Mainland Native 0.01 du N/A 0.10 (MN) (MN zoning) 0 rooms/spaces N/A Military(M) 6 du 12 du 0.30-0.50 (MF zoning) 10 rooms/spaces 20 rooms/spaces Mixed Use/Commercial(MC)(g) 1-6 du 6-18 du 0.10-0.45 (SC,UC,DR,RV,and MU zoning) 5-15 rooms/spaces 10-25 rooms/spaces Mixed Use/Commercial Fishing(MCF)(g) Approx.3-8 du 12 du 0.25-0.40 (CFA,CFV(c),CFSD zoning) 0 rooms/spaces 0 rooms/spaces Public Facilities(PF) 0 du N/A 0.10-0.30 (no directly corresponding zoning) 0 rooms/spaces N/A Public Buildings/Grounds(PB) 0 du N/A 0.10-0.30 (no directly corresponding zoning) 0 rooms/spaces N/A Recreation(R) 0.25 du N/A 0.20 (PR zoning) 2 rooms/spaces N/A Residential Conservation(RC) 0-0.25 du N/A 0-0.10 (OS and NA zoning) 0 rooms/spaces N/A Residential Low(RL) 0.25-0.50 du 5 du 0.20-0.25 (SS(d), SR,and SR-L zoning) 0 rooms/spaces N/A Residential Medium(RM) approx. 0.5-8 du(1 du/lot) N/A 0 (IS zoning) 0 rooms/spaces N/A Residential High(RH) approx.3-16 du(1-2 du/lot) 12 du 0 (IS-D(e),URM(e),and UR(f)zoning) 10 rooms/spaces 20 rooms/spaces Notes: (a) "N/A"means that maximum net density bonuses shall not be available. (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities bonuses shall not be available. (c) The allocated density for CFV zoning shall be 1 dwelling unit per lot and the maximum net density bonuses shall not be available. (d) Maximum net density bonuses shall not be available to the SS district. (e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be available. (f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable housing. (g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply. (h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly corresponding zoning, may be incorporated into new or existing zoning districts as appropriate. (i) The Maximum Net Density is the maximum density allowable with the use of TDRs. Page 7 of 18 ***** Section 2. Goal 212 of the Conservation and Coastal Management Element is amended as follows: Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County. [9J-5.012(3)(a); 9J-5.013(2)(a)] ***** Objective 212.4 By January 1, 1998, Monroe County shall complete an analysis of the need for additional marina facilities and shall develop criteria for marina siting which shall meet or exceed state standards. [9J 5.012(3)(b)1,2 and 3; 9J 5.013(2)(b)2T Monroc County shall adhere to criteria set forth in the Marina Siting Plan for the development of new marinas and the redevelopment and expansion of current marine facilities. In general, development of new marinas and redevelopment and expansion of current marinas shall be located in areas where maximum physical advantages exist and where no unreas =--- = = impacts arc foreseen on marine resources. Because most ncarshorc waters of Monroe County lack sufficient water depth to provide access and accommodation to deep-draft vessels, existing commercial harbors capable of accommodating and servicing such vessels should be preserved and enhanced. Adaptive reuse and redevelopment of such existing commercial harbors shall be encouraged by adoption of Land Development Regulations simplifying and expediting review and approval procedures for construction of port facilities and water-dependent support facilities capable of accommodating and providing services to ocean-going vessels, including ferries, other passenger vessels, cruisers and fishing vessels, their crews and passengers. Policy 212.4.1 New marinas having three (3) or more slips shall be prohibited until: 1. a marina survey is completed; and 2. marina siting criteria are adopted by Monroe County and approved by DER, DNR and ACOE. [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 Policy 212.4.2 Monroe County shall complete a survey of all existing recreational and commercial marinas. Such survey shall include, at a minimum: 1. number of wet and dry slips; 2. usage rates of wet and dry slips; 3. breakout of slips by boat size; /1. on site amenities including the number of parking spaces; 5. surrounding uses and any known or potential compatibility problems; 6. availability for public use (recreational marinas only); 7. number of boat ramps provided and the boat lanes for each ramp; S. condition of facilities; 9. existing DER accepted documentation of water quality trends; Page 8of18 10. availability of pump out facilities; and 11. potential for marina expansion according to siting criteria (See Policy 212.1.3). [9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 6] Policy 212.4.3 Monroe County shall develop and adopt marina siting criteria. In general, marinas shall be located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are foreseen on marine resources. Marina construction shall not involve destruction of any significant marine wetlands or seagrass beds. Specific criteria for marina siting expansion shall be developed consistent with DER Rule 17 312, F.A.C., DNR Rule 18 21.00'I F.A.C., and regulations of ACOE. They shall reflect consideration of the following: 1. access to deep water through existing channels of adequate depth (See Policy 212.5.2); 2. benthic vegetation and faunal assemblages; 3. impact of boats on crocodiles, manatees, and turtles. 1-9J 5.012(3)(c)1,2,3 and 8; and adequacy of circulation and tidal flushing. Other factors to be considered include: 2. location of propeller dredging problem areas. Policy 212.4.44 Applicants for development approval of marinas with three (3) or more slips,. other than marinas in existing harbors located in MI District, shall meet the following: 1. Monroe County's marina siting criteria set forth in the Monroe Co-- - Marina Siting Plan , and; (See Policy 212.4.3); 2. Monroe County's dock siting criteria (See Objective 212.5 and related policies), and; 3. Criteria of Rule 17-312 Part IV and Rule 18-21.004, F.A.C. [5.012(3)(c)1,2,3and 8; 9J-5.013(2)(c)1 and 6] Applicants for development approval of marinas and port facilities in existing harbors located in MI District shall obtain necessary permits for port facilities from all applicable state and federal regulatory agencies, and shall obtain such conditional use approvals and building permits for upland uses and development as are required b ---- _ -_ _--- _ ¢ - Notwithstanding the above and notwithstanding any other provision of this Plan, applicants for development approval for marinas and port facilities in existing harbors located in an MI District shall be required to obtain only (a) permits for port facilities from all applicable state and federal regulatory agencies, and (b) such conditional use approvals and building permits as are required by the Land Page 9 of 18 Development Regulations for upland uses and development. Applicants for development approval of marina and port facilities in existing harbors located in MI district shall obtain necessary permits for port facilities from all applicable state and federal regulatory agencies, and shall obtain such conditional use approvals and building permits for upland uses and development as are required by the Land Development Regulations. Policy 212.4.5 Applicants for development approval of docking facilities for fewer than three (3) slips shall meet the following criteria: 1. Monroe County's dock siting criteria (See Objective 212.5 and related policies); and 2. Criteria of Rule 17-312 Part IV and Rule 18-21.004, F.A.C. [9J- 5.012(3)(c)1,2,3 and 8; 9J-5.013(2)(c)1 and 6] Policy 212.4.6 Siting of new marinas with three (3) or more slips shall be prohibited until full utilization of existing marinas has occurred within a five (5) mile radius of a proposed new marina site.[9J 5.012(3)(c)1,2,3 and 8; 9J 5.013(2)(c)1 and 61 Policy 212.4 4 Applicants for a permit to develop a new marina or expand an existing marina facility shall obtain necessary permits from all applicable state and federal regulatory agencies prior to issuance of a County permit. [9J-5.012(3)(c)1,2,3 and 8; 9J-5.013(2)(c)1 and 6] ***** Policy 212.5.4 The following restrictions shall apply to all structures built over or adjacent to canals, open water and state-owned submerged land (including but not limited to boat docks, fishing piers, swimming piers and observation decks): 1. the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 100 feet from the mean low water line; ***** Section 3. GOAL 213 of the Conservation and Coastal Element is amended as follows: 3.2 Conservation and Coastal Management Monroe County shall ensure adequate public access to the beach or shoreline. [9J-5.012(3)(a); 9J-5.013(2)(a)] Objective 213.1 Monroe County shall maintain and increase the amount of public access to the beach or Page 10 of 18 shoreline consistent with the estimated public need and environmental constraints. [9J- 5.012(3)(b)9] Policy 213.1.1 Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the existing capacity of and need for the following types of public access facilities: 1. public access points to the beach or shoreline through public lands; 2. public access points to the beach or shoreline through private lands; 3. parking facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [9J-5.012(3)(c)9] Policy 213.1.2 Monroe County shall adopt Land Development Regulations which: 1. implement recommendations of the Public Access Plan; 2. provide for the enforcement of public access to beaches renourished at public expense by prescription, prescriptive easement, or any other legal means; 3. provide for the enforcement of public access requirements of the Coastal Zone Protection Act of 1985; 4. specify standards for transportation and parking facilities for beach and shoreline access; 5. include environmental design criteria which reflect environmental constraints. [9J-5.012(3)(c)9] 6. ensure adequate public access to public facilities including boat ramps., docks, and fishing piers and bridges. [F.S. 342.07 (2006)]. ***** Section 4. GOAL 219 is added to the Conservation and Coastal Element as follows: 3.2 Conservation and Coastal Management Goal 219 -- Community Character and Preservation of Recreational and Commercial Working Waterfronts It is the intent of the County to preserve and enhance the working waterfront identity and Page 11 of 18 character of the Keys, and to promote the responsible and economically viable management of its coastal area, and to ensure adequate present and fu - _. -- _=3,'_---' Access to the navigable waters of the State of Florida for all Monroe County residents :- - visitors based upon current and projected demand, and to flexibly balance the protee '_- recrc: --: __ - : •-•- - _ - __ =_- _- -: -•-_ -_ activities • - • -- -- --_• ¢ __¢: t 3-_ 3 - __: .. - _: _ _ --- Objective 219.1 Monroe County shall implement a strategy that provides regulatory incentives and criteria to encourage the preservation and enhancement of recreational and economically viable commercial working waterfronts. Policy 219.1.1 The County shall encourage the maintenance and enhancement of evolving community characteres and economically viable traditional needs for uses on the waterfront. To accomplish this, the County shall adopt land development regulations to: 1. Protect the working waterfront by establishing that commercial fishing activities are an important community value and that impacts associated with these uses are normal and compatible with other uses of the waterfront. 2. Conduct a commercial fishing needs assessment to determine current and future facility requirements for the continued viability of the commercial fishing industry. 3. Recognize the critical need for important role of economically viable boatyards and other vessel servicing facilities, and encourage the maintenance and enhancement of such water-dependent support facilities. 4. Support the continuation of programs that provide historical and educational information and training in the marine and commercial fishing industries. 5. Support mixed use development adjacent to marinas which provides a range of services and activities for boaters and their families, including restaurants, shops, and other activities for residents and visitors. 6. Ensure public access and creation of public spaces in the redevelopment of publicly-owned marine facilities through the provision of pedestrian access along the shoreline, protection of view sheds, and creation of public open space, . 7. Variances to setbacks and other bulk regulations within under the Maritime Industries District, Commercial Fishing District, Commercial Fishing Village District and the Commercial Fishing Special District shall may be granted to enable public access and to encourage continuation of working waterfront uses such as commercial fishing. That variance procedure shall incorporate, among other criteria, requirements that such structures not be inconsistent with community character, not interfere with public recreational uses in or on adjacent waters, and pose no navigational or safety hazard. ouch as public access and commercial _:Page 12 of 18 compatible with evolving local and regional interests and needs. 8. Provide for Nnon-conforming structures that are lawfully established and located within the Maritime Industries land use district and the Mixed Use/Commercial Fishing category, as indicated on the Future Land Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use, building footprint and configuration without increase in density or intensity of use. 9. Provide opportunities for and encourage development agreements and inter- local agreements governing the use of public and private waterfront lands which promote balance evolyingr local regional interests and needo property the goals, objectives and policies of the Comprehensive Plan. Policy 219.1.2 The strategy to protect and enhance recreational and commercial working waterfronts shall include but not be limited to the following actions: 1. Redevelopment of commercial waterfront properties shall be devoted primarily to water dependent uses. 2. The development of No Net Loss regulations for adoption into the land development regulations shall ensure that the development intensity devoted to commercial marine services and public access is not reduced over time. a2. Investing directly in property preservation, either through purchase of property or purchase of the development rights to the property; 43. Consider exploring a concept similar to TDRs to "transfer" marine uses to other suitable sites; §�1. Land development regulations shall make special provision for the complex assemblages required for commercial harbor uses in MI District, including dockage, dry storage, repair and fueling of vessels, and shall provide sufficient flexibility to insure the economic vitality, and to meet the unique needs, of the commercial harbor area. In order to regulate comprehensively and to measure accurately the impacts of all upland and marine uses within MI District, and notwithstanding any other provision of this plan, calculation of densities and intensities shall include all land as defined in Chapter 380, Florida Statutes, including land utilized as port facilities, except for the portion that has been defined as the common navigational channel or other legally established navigation easements. Policy 219.1.3 The County shall not vacate, diminish, or otherwise impair publicly-owned pathways, sidewalks, roads, ends of roads, parking areas, docks or boat launching facilities, and other access points that are currently used, or susceptible to use by the public to access the shorelines. Policy 219.1.4 The County shall collaborate and coordinate with Keys municipalities, mainland coastal counties and municipalities, and State and Federal agencies on issues affecting Page 13 of 18 recreational and commercial working waterfronts. To accomplish this, the County shall: 1. Participate in The Waterfronts Florida Partnership Program. This program helps participating communities develop a plan to revitalize, renew and promote interest in their waterfront districts; 2. Ensure consistent and coordinated implementation of the Stock Island Livable CommuniKeys Plan and the Comprehensive Plan, LDRs, and other activities designed to preserve the working waterfront. 3. Coordinate with the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission (FWC) to implement the recommendations of the 2006 Recreational Boating Access in Florida State Parks study to increase recreational boating access within the state parks located in Monroe County. 4. Coordinate with municipalities in Monroe County and Miami-Dade County, the Florida Department of Community Affairs (DCA) / Area of Critical State Concern Program, the Florida Depaitiiient of Transportation, NOAA/ Florida Keys National Marine Sanctuary, Everglades National Park, Biscayne National Park, and Florida Sea Grant. Objective 219.2 Monroe County shall establish a comprehensive program to promote and protect Commercial, Recreational and Public Access to the marine and coastal waters of the County, :-_ -_ _- - - economic viability of recreational and commercial working waterfronts. Policy 219.2.1 The County shall establish a Working W: _- ' _ o- _: 1. Identify, inventory and characterize all existing commercial, recreational and iL-publicly accessihle eat-ian nd commerci workinrt watcrfi-nuts in Monroe County on a parcel-by-parcel basis; 2. The County shall identity, inventory and characterize : ' '-. - would otherwise qualify as recreational or commercial working waterfronts because they provide access to the marine and coastal waters of the County; 3. The County shall identify, inventory and characterize all parcels suitable for future development as publicly accessible recreational and commercial working waterfronts - _ _- -- ' 3 -- :- - ' : - :: . •.. - : = - - - parcels and developed parcels not currently being used for water dcpcndcnt activities which, bee:--:_ - '--' _ _. - . _ _ _ -_ _ _--,- - - - - - - - -- could become recreational and commercial working waterfronts through a change in land use; 4. The County shall identify, inventory and characterize existing right-of-ways, casements and other potential public property interests adjacent to or capable of shorelines and waters of Monroe County; 5. The County shall inventor---3 _ : :: : - -. : ¢- -. provide essential support se '_-_: :- -_. '. . . _ _ _'.waterfronts, but but arc not themselves water dependent; Page 14 of 18 6. Based on data and analysis, the County shall assess the future demand for Commercial, Recreational and Public Water Access to the shorelines and waters of Monroe and shall establish activity-based levels of service standards for Commercial, Recreational and Public Water Access. Objective 219.3 To ensure adequate coordination of, and Public partici.:-' -- ' -::- _ _ : ':-e _ - concerning recreational and commercial working watcrfronts in Monroe County. Policy 219.3.1 1. The County shall establish a Working W: _-- ' _ :.-- - _ - _ -.-- - comprised of one member from each working waterfront interest group and appropriate staff and government. The Marine and Port Advisory Board is currently suitably comprised and is already in existence and may serve this function without being re-named or having a separate meeting or agenda. 2. The Committee shall be consulted on all planning and land use decisions affecting the Working Waterfronts Program and make recommendations to the Planning Objective 219.4 To develop rc:_':-'- :--- _ • __'- : __:- �, _= _ _-' _ - °- providcs ample opportunities for residents, businesses, and visitors to have access to marine and coastal waters for rccrcational and commercial purposes. Policy 219.4.1 The County shall develop strategics to cnsurc continued Commercial, Recreational and Public Access to navigable waters through the identification and implementation of regulatory incentives and criteria set forth in the future land use clement and its implementing land development regulations. Objective 219.5 To promote a "No Net Loss Policy" of working waterfront in the County. A loss of working waterfront in one geographic : - = -: - _-_:= - - _ . Policy 219.5.1 Proposals for conversion of conforming recreational or working waterfront uses to non- rccrcati _• _ : _ _ —__ -—: a t _ t -a- - conversion does not result in a net loss of current or projected Commercial, Recreational and Public Water Access or adversely affect levels of service for Commercial, Objective 219.6 To cnsurc an adequate stock of Commercial, Recreational and Publicly owned boating access to marine and coastal waters. Policy 219.6.1 Page 15 of 18 1. The County may cstablish a rccrcational and commercial working waterfront acquisition program to purchase suitable parcels or the non water dependent development rights to suitable parcels as determined by the inventory created under the Coast Management Element of the comprehensive plan. 2. The County may establish a fund dedicated to acquiring lands suitable for recreational and commercial working waterfronts. Funding may come from exactions, fees, bonds, community redevelopment district financing, or other sources and may be supplemented through revenue sharing with appropriate state Objective 219.g2 To protect and increase the extent of Publicly Owned Access to its shorelines and navigable waters. Policy 219.g2}1 The County shall inventory the waters of Monroe County to determine appropriate sites for one or more nunieipal public anchorages and mooring fields that shall be available to the boating Ppublic on a first come, first served basis. Objective 219.8 To provide a range of regulatory incentives and criteria to ensure the continued availability of Publicly accessible mere: ' -- -- Policy 219.8.1 1. The County shall provide land-use bonuses to encourage development that provides Commercial, Recreational and Public Access to the shorelines and waters of Monroe County. These bonuses may be granted in the form of incre: FAR, increased number of slips, parking variances, increased area for water- related uses, or other measure of land use intensity appropriate to permitted uses on the parccl(s) proposed for development. 2. The County shall impose a Commercial, Recreational and Public Access-access exaction for any development that displaces Commercial, Rccrcational and Public Water Access. 3. The County.shall develop an impact fee program which serves to fund the need for increased need for Commercial, Rccrcational and Public Access crc - development/redevelopment and to offset the increased pressure on existing Commercial, Recreational and Public water access caused by new development and redevelopment. 4. The County shall provide expedited processes for land development approvals for development that increases Commercial, Rccrcational and Public Water Access in Objective 219.9 Monroe County I - - •-_- . -_e= . --_ _: : 4_ : =- :_ . Page 16 of 18 Policy 21 9.9.1 Monroe County may establish Working Waterfront Overlay Districts for Recreational and Commercial Working Waterfront to provide for use restricti:-_, __ " -- _- regulations and guidelines to address specific characteristics and needs of the identified a The County shall amend, when appropriate, its Land Development Regulations to cstablish consistent Design Guidelines and Development Standards for specific areas of Objective 219.10 To promote the traditional maritime activities in the Monroe County waterfront overlay district. Tr:-:. ..... .... - •- - __-•---' • _ __- - Policy 219.10.1 1. The County shall allow commercial and recreational fishing vessels and fishing commercial waterfronts. 2. Prior to any development approval issued by Monroe County , the applicant must sign an ackno -- _ = - — in thc Cou - : --- ' - -.. ,._ _._ _. - _-_ _--" _ -- - - - -location where traditional maritime businesses arc encouraged. Indicate that the above language has been deleted. Objective 219.11 To protect and promote Policy 219.11.1 The County sin"- - :_ — —_ — setbacks and height restrictions on : -_ --- - __-.__ _ _• - - Standar Policy 219.11.2 The County shall include viEn 4 it ' with a special cm:--:_'. - - -• - • • •. ..----- - . Section 5. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 7. This ordinance shall be transmitted to the Planning Department to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Page 17 of 18 Section 8. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ON THE 4th day of February , 2008 . Mayor Mario Charles McCoy Yes Mayor Pro Tem Mario DiGennaro Yes Commissioner George Neugent No Commissioner Dixie Spehar Yes Commissi• Sylvia J. Murphy No 4®� ii� co y` By i (1018 Parc.zi _Ilk, Charles McCoy, Mayor --,A ze PI.=APE°%z,-,d A L. KOLHAGE, CLERK '- ;+ 'p / DE'UTY CLERK MONROE COUNTY ATTORNEY APPROVE AS TO ORM: SUSAN M. G LEY ASSISTANT COUNTY ATTORNEY Date.....A_. "!3 n.5 f e -- La./ J C.) .1_ LI LL _' C, — .vim, L_ ....."S .(, f"� •Q1 i..••5 Li s• - .CJ© Li- Page 18 of 18 • 0*, �ti mil' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G,PELHAM Governor Secretary • Ps.) O O cQi 'i April25, 2008 LJ .74 • 73 �.w Ms. Claudia Llado, Clerk `' `^ N , � co Division of Administrative Hearings --. -v I-.i The DeSoto Building = --lit C) 1230 Apalachee Parkway r-- Tallahassee,Florida 32399-1550 Re: DCA Case No.: DCA08-1-4401; Monroe County Dear Ms. Llado: Pursuant to Sections 120.569 and 120.57, Florida Statutes,please find enclosed a Petition for Administrative Hearing in the above referenced matter that is being forwarded to you for assignment of an Administrative Law Judge. On April 22, 2008, the Department filed a petition in DCA Case No.: DCA 08-1-4401 relating to the comprehensive plan amendment 08-01 for Monroe County. The Department reserves its rights to challenge the standing of the Petitioner at hearing. Please direct any further documents concerning this petition to me at Department of Community Affairs,2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 922- 1683. Since SAINt*Of • Richard E. Shine Assistant General Counsel Enclosures cc: Mr. Jerry Coleman, Esq., Counsel for Petitioners Mr. Danny L. Kolhage, Clerk to the Board of County Commissioners Honorable Mario Di Gennaro,Mayor of Monroe County Ms. Susan M. Grimsley, Esq, Counsel for Monroe County 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466 FAX: 850.921.078.1 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT 2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (305)289-2402 (850)488.2356 (850)413-9969 (850)488-7956 FILING AND ACKNDN FILED, on this date, withOWLE the designed Agency CI rk,receipt of which is GEME hereby STATE OF FLORIDA ackno DEPARTMENT OF COMMUNITY AFF Paula P.Ford DEPARTMENT OF COMMUNITY Agency Clerk Date f AFFAIRS, .I Petitioner, v. DCA Docket No. 08-1-NOI-4401-(A)-(N) MONROE COUNTY,FLORIDA, Respondent. I . ROBBIE,S SAFE HARBOR MARINE ENTERPRISES-,INC:S PETITION TO INTERVENE AS A FULL PARTY RESPONDENT Robbie's Safe Harbor Marine Enterprises, Inc. ("Robbie's'), a Florida corporation,by counsel,hereby petitions to intervene in the above-styledproceeding as a-. full party in support of Monroe County, Florida(as Intervenor-Respondent) and also in its own regard,and as grounds therefore states as follows: 1. This proceeding involves a determination by the Department of Community Affairs (the "Department") that portions of the Monroe County Working Waterfronts comprehensive plan amendments adopted on February 4, 2008, by Ordinance No. 008-2008 (the "Plan Amendments") are "not in compliancc" with - Chapters 163 and 380, F.S. The Plan Amendments primarily affect the Safe Harbor port ' and surrounding areas on Stock Island in unincorporated Monroe County. 2. Unincorporated Monroe County is in the Florida Keys Area of Critical State Concern. .Fla. Stat. §380.0552. Pursuant to Section 380.05(6), the.Department - • • • must conduct its compliance review of the Plan Amendments pursuant to the provisions and limitations in Section 163.3184,F.S. 3. Section 163.3184,F.S.,authorizes an"affected person"to intervene in any proceeding involving comprehensive plan amendments. Robbie's is an affected person and through its representatives has actively participated in the comprehensive planning process and is one of the most directly affected persons with respect to these Plan Amendments (see Figure 1., below, highlighting the site where Robbie's property and business is located). • • f. ey , �, Figure1. 4. Monroe County is "the local government whose plan is the subject of the review"under the above statutory provision. 5. Robbie's is the owner of real property and businesses in the Safe-Harbor port area on Stock Island in unincorporated Monroe County. The determination made in these proceedings will directly affect Robbie's ability to maintain, develop and/or redevelop its property and for the County to preserve and revitalize the Safe Harbor port area. Robbie's provided Monroe County written and verbal. comments and_ recommendations regarding the Plan Amendments beginning with the transmittal-hearing-- 2 • WOIVIlf WV; i and ending with the adoption of the PIan Amendments. Robbie's is an"affected person" } as defined in Section 163.3184(1)(a), F.S., and is entitled by statute to intervene in this proceeding. 6. Robbie's received notice of the agency decision through the Department's Notice of Intent published on April 1,2008 in The Key West Citizen. 7. Robbie's disputes all of the Department's factuat and legal allegations that, portions of the Plan Amendments are "not in compliance", as described in the Department's Notice of Intent and Statement of Intent 8. The Department reviewed the transmitted Plan Amendments pursuant to subsection (6) of Section 163.3184 and issued its Objections, Recommendations and Comments ("ORC Report") identifying potential compliance issues and providing comments on the proposed Plan Amendments to Monroe County, as required by subsection(6). The purpose of transmitting a proposed amendment to the Department for review, and the subsequent issuance of an ORC Report, is for the Department to identify potential compliance issues so that the local government and affected property owners have a fair and reasonable opportunity to consider and address those issues before final adoption.' 9. Section 1 63.3184(8), F.S., entitled "Notice of Intent", subsection (b).1., precludes the Department from raising new compliance issues after final adoption of an amendment, unless the new compliance issues relate to changes to the plan amendment that were not previously reviewed. It clearly limits the Department from changing its mind about plan amendment language or concepts due to departmental staff changes, or After final adoption of a plan amendment, compliance issues can only be addressed during a formal adniiniahatiue proceeding,with its attendant time and litigation costs. 3 simply the desires or behind the scenes maneuverings of outvoted but disgruntled and politically manipulative local or former local officials wherever the-Department has previously exercised its statutory opportunity to comment,and the law prevents the local government and property owners from being- assaulted with unanticipated, belated or even concocted objections to an adopted amendment. Specifically, Section.163.3184(b)- provides,in relevant part: (b) . . . . If review was conducted under subsection (6),the agency's determination of compliance must be based only. upon one or both of the following: 1. The state land planning agency's written comments to the local government pursuant to subsection(6)[the ORC Report];or 2. Any changes made by the local government to . the comprehensive .plan or plan amendment as adopted. 10. Contrary to the express limitations in Section 163.3184(8)(b), F.S., the Department's Statement of Intent contains a number of allegations that are not based on. the agency's written comments in the ORC Report, and that do not relate to changes made in the adopted Plan Amendments. These new compliance issues include, but are not necessarily limited to,the following twelve(12) issues contained in the Department's Statement of Intent: (a) Inconsistency of ROGO/NROGO exemptions for public Iodging. and nonresidential development to be used as shelter space for non-evacuating emergency workers and first responders, and staging areas for disaster recovery, with the basis of the Permit . Allocation System in Objective 101.2, 4 . --- - - -- - ifiguvor try, (b) ROCIO/NROGO exemptions do not ensure that the goals, objectives and policies of the County's Comprehensive Plan are, being implemented consistently, (c) No data and analysis from Monroe County Emergency Management or Florida Division of Emergency Management regarding the need or appropriateness of using public lodging facilities and nonresidential uses in the Maritime Industries District � as shelter space for emergency workers and staging areas for post- - disaster recovery, • (d) concern that the concept of utilizing public lodging and nonresidential uses as shelters for emergency workers/first responders and staging areas for post-disaster recovery has no foundation in the Comprehensive Plan; (e) lack of data and analysis that demonstrates the need for additional density, (f) lack of data that analyzes the appropriateness of increasing population concentrations in a coastal high hazard area,2 (g) a lack of data and analysis regarding the availability of adequate; public facilities and services other than potable water and wastewater, (h) compatibility of uses adjacent to or in close proximity to a military installation, Z This o 'ettitm was. eontained in tine ORC. byReport, but was made-only. with-respect.ta a proposed. amendment to allow density attributable to houseboats to be transferred to the uplands, which original aspect of the proposed amendments was not actually adopted. 5 j (i) Policy 101.4.21 encourages uses that may interfere with the mission of Naval Air Station Key West, { (j) Iack of coordination with Naval Air Station Key West, ti (k) failure to adopt policies to address potential encroachment issues with Naval Air Station Key West and inconsistency with Principle for Guiding Development(h)related thereto, { (1) Monroe County's failure to update or amend its comprehensive plan to address compatibility of uses on lands adjacent to or proximate to existing military installations; The Department improperly included these new compliance issues in its Statement of Intent. Its actions in this regard will substantially and needlessly increase the costs of this proceeding for all parties involved. 11. In addition to the above, the statutes and rules cited in the Department's Notice of Intent and Statement of Intent do not support, and therefore require reversal of, the agency's proposed decision. The Notice of Intent and Statement of Intent are inconsistent with Principles for Guiding Development(a), (c), (e), (1),(k) and (1)and the Principles for Guiding Development as a whole, codified in Section 380.0552(7),Florida, Statutes. Robbie's reserves the right to identify other specific statutory and rule. provisions that support its Petition and compel an "in compliance"determination during discovery and in the parties'prehearing stipulation. 12. The specific relief sought by Robbie's is a final order finding the Plan Amendments"in compliance"as defined in Section 163.3184(lXb),Florida Statutes. 6 . 4 13. The undersigned attempted to contact the Department of-Community Affairs and Monroe County regarding this Petition, but those parties' attorneys were unavailable. WHEREFORE, based upon the foregoing, Robbie's, by and through its- undersigned counsel,respectfully requests an order(s)as follows: A. Allowing Robbie's to intervene in this proceeding as a fullparty. Respondent;and B. Granting such other and further relief, including sanctions, as the Administrative Law Judge deems reasonable and appropriate. DATED this 22nd day of April,2008. JERRY COLEMAN,P.L. 201 Front Street Suite 203 Key.West,Florida 33041 . Telephone 305-292-3095 4.4- ' ile 305-296-6200- li e11110A60-;-17 0 or , � :ar No. 0187501 • ail:jerry jjerrycolemanpl.net arton W. Smith Florida-Bar No: 0020169. Email: bartc er ycolemanpl.net lir . F COUNSEL FOR SAFE HARBO ' PROPERTIES,LLC • 1 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition was filed with the: Department of Community Affairs' Agency Clerk, 2555 Shumard Oak Boulevard. Tallahassee, FL 32399-2100, by U.S. Mail, facsimile(850-487-6769)and electronic mail' (paula.ford@dca.state.fl.us), and that true copies of the Petition were served on the following persons by electronic mail this 22nd day of April,2008. z e an�.�/ Shaw Stiller, General Counsel Richard E.Shine,Assistai eneral Counsel Department of Communi A Affairs 2555 Shumard Oak Boulev.' Tallahassee, FL 32399-2100 -- e-mail: Shaw.Stiller@dca.state.fl.us e-mail: Richard.Shine@dca.state.fl.us Bob Shillinger,Chief Assistant County Attorney Susan Grimsley,Assistant County Attorney Monroe.County Attorney's Office F.O. Box 1026 Key West,FL 33041 e-mail: ShiIlinger-Bob(a,MonroeCounty-FL.Gov e-mail: Grimsley-Susan@MonroeCounty-FL.Gov SHERRY A. SPIERS ROBERT C.APGAR Greenberg Traurig,P.A. 101 East College Avenue Tallahassee,FL 32301 Tel.(850)222-6891 e-mail: spierss@gtlaw.com;apgarr@gtlaw.com • COUNSEL FOR NEW STOCK ISLAND PROPERTIES, LLC • • _ 1 JERRY COLEMAN, P.L. - JERRY COLEMAN,ESQ. 201 Front Street,Suite 203 Truman Annex • BART SMTH,ESQ.(FL only) Building 21 Second Floor- E-mail: Key West,Florida 33040 Key West,Florida Jerry@jerrycolemanpl.net (Admitted Florida and New York) TEL 305-292=3095, Bart@ierrycolemanpl.net " FAX 305-296-6200 ABminis- alive Assistant:danyelgsrrycolemanpl.net- ( FAX COVER SHEET • TO: DCA CLERK DATE April 22,2008 • FAX NO.: 850-487-6769 TEL.NO.: 850-922-1682 Total pages(including cover sheet):9 The information contained in this communication and attachments is intended only for the individual(s) to whom addressed. Anyone receiving this information other than-the•intended- - recipient is hereby notified that unauthorized distributing or copying of this communication is prohibited. if you have received this communication In error-please-notify the sender at the above_ number and return the communication via the U.S.Postal Service. Receipt by anyone other than the intended recipient is not a waiver of applicable.attorney-client privilege or attorney..work-product doctrine protections. COMMENTS: • FAX APPEAL FILING. ;:. . DCA Docket No. O8-1-NQI-4401-(A)-() • Monroe County Comp Plan Amendment Ordinance No. 008-2008.. ki • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G,PELHAM Governor - Secretary May 8, 2008 N Ms. Claudia Llado, Clerk Division of Administrative Hearings Fr;I—'� - ' The DeSoto Building •'T -. �, t 1230 Apalachee Parkway �r r'' • ' -� Tallahassee, Florida 32399-1550 Re: DOAH Case No. 08-2035GM y Dear Ms. Llado: Pursuant to Sections 120.569 and 120.57,Florida Statutes,please find enclosed both the Safe Harbour Properties, LLC's, and K W Resort Utilities Corp.'s,First Amended Petition for Hearing as a Full Party Respondent in the above referenced matter that is being forwarded to you for assignment of an Administrative Law Judge. On April 22, 2008, the Department filed a petition in DCA Case No.: DCA 08-1-4401 relating to the comprehensive plan amendment 08-01 for Monroe County which has been assigned DOAH Case No. 08-2035GM. The Department reserves its rights to challenge the standing of the Petitioners at hearing. Please direct any further documents concerning this petition to me at Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 922- 1683. Sin ely, Richard E. Shine Assistant General Counsel Enclosures cc: Mr. Jerry Coleman, Esq., Counsel for Petitioners Mr. Danny L. Kolhage, Clerk to the Board of County Commissioners Honorable Charles Sonny McCoy, Mayor of Monroe County Ms. Susan M. Grimsley, Esq, Counsel for Monroe County 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466 FAX: 850.921 .0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT 2796 Overseas Highway,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon,FL 33050-2227 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956 • • FILING AND ACKNQWLEDGEMEN 1 FILED, on this date, with the designated Agency CI ,receipt of which is hereby STATE OF FLORIDA acknow DEPARTMENT OF COMMUNITY AF AI -i DEPARTMENT OF COMMUNITY Paula P.Ford at/ AFFAIRS, Agency Clerk Petitioner, v. DCA Docket No. 08-1-NOI-4401-(A)-(N) MONROE COUNTY, FLORIDA, Respondent. SAFE HARBOUR PROPERTIES,LLC'S FIRST AMENDED PETITION FOR HEARING AS A FULL PARTY RESPONDENT Safe Harbour Properties, LLC ("Safe Harbour Properties"), a Florida limited liability company, affiliated with Safe Harbour Marina, LLC (record title owner of a property known as Safe Harbour Marina), by counsel, hereby petitions pursuant to Sections 120.569, F.S. and 380.05, F.S., to intervene in the above-styled proceeding as a full party in support of Monroe County, Florida (as Intervenor-Respondent), and also in its own regard, as grounds therefore states as follows: 1. This proceeding involves a determination by the Department of Community Affairs (the "Department") that portions of the Monroe County Working Waterfronts comprehensive plan amendments adopted on February 4, 2008, by Ordinance No. 008-2008 (the "Plan Amendments") are "not in compliance" or "consistent"with Chapters 163 and 380, F.S. The Plan Amendments primarily affect the Safe Harbor port and surrounding areas on Stock Island in unincorporated Monroe County. • 2. Unincorporated Monroe County is in the Florida Keys Area of Critical State Concern. Fla. Stat. §380.0552. Pursuant to Section 380.05(6), the Department must make a determination of the rejected Plan Amendments' consistency with Section • 380.0552(7), and also conduct its standard compliance review of the Plan Amendments pursuant to the provisions and limitations in Section 163.3184, F.S. 3. Safe Harbour Properties through its representatives actively participated in the comprehensive planning process and is one of the property owners most directly affected by the rejection of these Plan Amendments (see Figure 1., below, highlighting the site where Safe Harbour Properties' property and business is located). iiiimpar.00, k'..t-4k n, c w°,Iu ' ii le ^p F Ii.A ,, ( 11 Figure 1. 4. Monroe County is "the local government whose plan is the subject of the review" or whose "local government comprehensive plan or amendment" must be determined to be consistent under the above statutory provisions. 5. Safe Harbour Properties is the owner of real property at Safe Harbor which provides wetslip access for the Safe Harbor port area on Stock Island in 2 unincorporated Monroe County. The determinations made in current DOAH proceeding Case No. 08-002035 will potentially directly and substantially affect Safe Harbour Properties' ability to serve its current and future customers. Safe Harbour Properties and Safe Harbour Marina have,through their principal Joseph O'Connell,provided comments and recommendations to Monroe County regarding the Plan Amendments throughout the County's adoption process, including at meeting(s) of the Monroe County Planning Commission and the South Florida Regional Planning Council. 6. Safe Harbour Properties received notice of the Department's decision to reject certain of the Plan Amendments through the Department's publishing of its Notice of Intent in The Key West Citizen on April 1, 2008. In its Notice of Intent, and also in its Statement of Intent, copies of which were filed with and incorporated by reference into the Department's DOAH petition in Case No. 08-002035, the Department belatedly asserts that the rejected Plan Amendments are not consistent with the Principles for Guiding Development set forth in Section 380.0552(7), F.S., as determined by the Department in its Section 380.05,F.S. review. 7. Safe Harbour'Properties disputes all of the Department's factual and legal allegations that portions of the Plan Amendments are not"[i]n compliance" [described as "consistent"in the Department's Petition, its Notice of Intent and/or Statement of Intent]. 8. The Department reviewed the transmitted Plan Amendments pursuant to subsection (6) of Section 163.3184 and issued its Objections, Recommendations and Comments ("ORC Report") identifying potential compliance issues and providing comments on the proposed Plan Amendments to Monroe County, as required by subsection(6). The purpose of transmitting a proposed amendment to the Department for 3 • review, and the subsequent issuance of an ORC Report, is for the Department to identify potential compliance issues so the local government and affected property owners have a fair and reasonable opportunity to consider and address those issues before final adoption.' 9. Section 163.3184(8), F.S., entitled "Notice of Intent", subsection (b)1.,. precludes the Department from raising new compliance issues after final adoption of an amendment, unless the new compliance issues relate to changes to the plan amendment that were not previously reviewed. It clearly limits the Department from changing its mind about plan amendment language or concepts due to departmental staff changes, or simply the desires or behind the scenes maneuverings of outvoted but disgruntled and politically manipulative local or former local officials wherever the Department has previously commented, and prevents the Department from presenting the local government with unanticipated, belated or even concocted objections to an adopted amendment. Specifically, Section 163.3184(b)provides,in relevant part: (b) . . . . If review was conducted under subsection (6), the agency's determination of compliance must be based only upon one or both of the following: 1. The state land planning agency's written comments to the local government pursuant to subsection (6) [the ORC Report]; or 2. Any changes made by the local government to the comprehensive plan or plan amendment as adopted. 10. Contrary to the express limitations in Section 163.3184(8)(b), F.S., the Department's Statement of Intent contains a number of allegations that are not based on the.agency's written comments in the ORC Report, and that do not relate to changes After final adoption of a plan amendment, Section 163 compliance issues can only be addressed during a _ formal administrative proceeding,.with its attendant time and litigation_costs. .-_. _ _ 4 made in the adopted Plan Amendments, but which belatedly and prominently rest almost exclusively on a vague conglomeration of Section 380.0552(7) consistency objections. These new compliance or consistency issues include, but are not necessarily limited to, the following twelve (12)issues contained in the Department's Statement of Intent: (a) Inconsistency of ROGO/NROGO exemptions for public lodging and nonresidential development to be used as shelter space for non-evacuating emergency workers and first responders, and staging areas for disaster recovery, with the basis of the Permit Allocation System in Objective 101.2, (b) ROGO/NROGO exemptions do not ensure that the goals, objectives and policies of the County's Comprehensive Plan are being implemented consistently, (c) No data and analysis from Monroe County Emergency Management or Florida Division of Emergency Management regarding the need or appropriateness of using public lodging facilities and nonresidential uses in the Maritime Industries District as shelter space for emergency workers and staging areas for post- disaster recovery, (d) concern that the concept of utilizing public lodging and nonresidential uses as shelters for emergency workers/first responders and staging areas for post-disaster recovery has no foundation in the Comprehensive Plan, 5 • (e) lack of data and analysis that demonstrates the need for additional density, (f) lack of data that analyzes the appropriateness of increasing population concentrations in a coastal high hazard area,2 (g) a lack of data and analysis regarding the availability of adequate public facilities and services, (h) compatibility of uses adjacent to or in close proximity to a military installation, (i) Policy 101.4.21 encourages uses that may interfere with the mission of Naval Air Station Key West, (j) lack of coordination with Naval Air Station Key West, (k) failure to adopt policies to address potential encroachment issues with Naval Air Station Key West and inconsistency with Principle for Guiding Development(h)related thereto, (1) Monroe County's failure to update or amend its comprehensive plan to address compatibility of uses on lands adjacent to or proximate to existing military installations, The Department improperly included these new compliance issues in its Statement of Intent. Its actions in this regard will substantially and needlessly increase the costs of this proceeding for all parties involved. 11. In addition to the above, the statutes and rules cited in the Department's Notice of Intent and Statement of Intent do not support, and therefore require reversal of, 2 This objection was contained in the ORC Report,but only with regard to a proposed amendment to allow _._______._...density attributable to houseboats to be transferred to the uplands. .This.proposal was not.adopted. _______ _ __ _. _.___ 6 i the agency's proposed decision. The allegations in the Notice of Intent and Statement of Intent that the Plan Amendments are inconsistent with Principles for Guiding Development (a), (b), (c), (e), (f), (h), (i), (k) and (1), and the Principles for Guiding Development as a whole, codified in Section 380.0552(7), F.S., are incorrect. Safe Harbour Properties reserves the right to identify other specific statutory and rule provisions that support its Petition and compel an "in compliance" determination during discovery and in the parties' prehearing stipulation. 12. The specific relief sought by Safe Harbour Properties is a final order finding the Plan Amendments are consistent with the Principles for Guiding Development set forth in Section 380.0552(7), construed as a whole, and are therefore both"in compliance"with those Principles and as defined in Section 163.3184(1)(b),F.S. 13. The undersigned contacted the Department of Community Affairs and Monroe County regarding its original Petition, and the Department's counsel Richard Shine requesting specification, in accordance with Section 120.569, F.S., of those matters justifying the Department's failure to forward Safe Harbour Properties' initial petition to • DOAH along with other petitions for Case No. 08-002035. With this amended petition, Safe Harbour Properties does not waive its statutory right to receive written specification of any perceived deficiencies in its now`once amended petition, and additional time to amend its petition following receipt of any such directions from the Department, or from DOAH. WHEREFORE, based upon the foregoing, Safe Harbour Properties, by and through its undersigned counsel,respectfully requests an order(s)as follows: 7 •• J! A. Allowing Safe Harbour Properties to intervene in this proceeding as a full party Respondent; and i i B. Granting such other and further relief, including sanctions, as the • Administrative Law Judge deems reasonable and appropriate. DATED this 6th day of May, 2008. JERRY COLEMAN, P.L. 201 Front Street Suite 203 Key West,Florida 33040 Telephone 305-292-3095 Facsimile 305-296-6200 Erile 1 Je o1-. an Florida :ar No. 0187501 13, % W. Smith orida Bar No. 0020169 Email:jerry@jerrycolemanpl.net Email:bart@j errycolemanpl.net COUNSEL FOR SAFE HARBOUR PROPERTIES, LLC • CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition was filed with the Department of Community Affairs' Agency Clerk, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, by Facsimile, U.S. Mail and electronic mail (paula.ford@dca.state.fl.us), and that true copies of the Petition were served on the following persons by electronic mail this 6th day of May, 2008. Jerry Coleman 8 Shaw Stiller, General Counsel Richard E. Shine,Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee,FL 32399-2100 e-mail: Shaw.Stiller@dca.state.fl.us e-mail: Richard.Shine@dca.state.fl.us Bob Shillinger, Chief Assistant County Attorney Susan Grimsley,Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026 Key West,FL 33041 e-mail: Shillinger-Bob@MonroeCounty-FL.Gov e-mail: Grimsley-Susan@MonroeCounty-FL.Gov • "Jerry Coleman, P.L."<jerry@jerrycolemanpl.net> To <paula.ford@dca.state.fl.us> cc <Shaw.Stiller@dca.state.fl.us>, f T 05/06/2008 04:37 PM <Richard.Shine@dca.state.fl.us>,"Barton Smith" • <Bart@jerrycolemanpl.net>,"'Jerry Coleman, P.L."' bcc Subject Amended Petition Safe Harbour Properties, LLC 5-6-08 The information contained in this communication and attachments is intended only for the individual(s)to whom addressed. Anyone receiving this information other than the intended recipient is hereby notified that unauthorized distributing or copying of this communication and its attachments is prohibited. If you have received this communication in error please notify the sender at sender's e-mail address and delete all copies from your computer. Receipt by anyone other than the intended recipient is not a waiver of applicable attorney-client privilege or attorney work-product doctrine protections. Please be advised that e-mail may not be checked by attorneys in this office over prolonged periods. Therefore,urgent matters should be brought to our attorneys' attention through means other than e-mail. Communication by and responses to e-mail consume attorney time and such time is billable. FILING AND ACIKNOWLEDGLMrLf' 'i FILED, on this date, with the designated Agency . •rk, receipt of which is hereby JERRY COLEMAN, P.L. ackn4 "g 4 7/)/ .. /9d2 201 Front Street, Suite 203 Paull P. Ford Da Key West, Florida 33040 Agency Clerk (Admitted Florida and New York) TEL 305-292-3095 tom_ FAX 305-296-6200 in7.1 First Amended Comp.Plan Appeal 5-6-08 wFCover.pdf Fax Transmission Failure Attempts 5-6-08.pdf JERRY COLEMAN, P.L. JERRY COLEMAN,ESQ. 201 Front Street, Suite 203 Truman Annex BART SMITH,ESQ.(FL only) Building 21 Second Floor E-mail: Key West,Florida 33040 Key West,Florida JerryAienycolemanpl.net (Admitted Florida and New York) TEL 305-292-3095 Bart@jenycolemanpl.net FAX 305-296-6200 Administrative Assistant danyel@lienycolemanpl.net J ' FAX COVER SHEET TO: DCA CLERK DATE May 6,2008 FAX NO.: 850-487-6769 TEL.NO.: 850-922-1682 Total pages(including cover sheet): 10 The information contained in this communication and attachments is intended only for the individual(s) to whom addressed. Anyone receiving this information other than the intended recipient is hereby notified that unauthorized distributing or copying of this communication is prohibited. If you have received this communication in error please notify the sender at the above number and return the communication via the U.S.Postal Service. Receipt by anyone other than the intended recipient is not a waiver of applicable attorney-client privilege or attorney work-product doctrine protections. COMMENTS: FAX AMENDED APPEAL FILING DCA Docket No. 08-1-NOI-4401-(A)-(N) RELATED DOAH CASE NO. 08-002035 Monroe County Comp Plan Amendment Ordinance No. 008-2008 FILING AND ACKNOWLEDGEMENT FILED, on this date, with the designated Agency. Clerk, receipt of which is hereby w (9/ ate Agency Clerk FILING AND ACKNOWLEDGEMEn FILED, on this date, with the desigr STATE OF FLORIDA Agency , receipt of Which is he DEPARTMENT OF ackn� •;:� COMMUNITY AFF• 'S •I DEPARTMENT OF COMMUNITY Pa a P. Ford � AFFAIRS, Agency Clerk Petitioner, v. DCA Docket No. 08-1-NOI-4401-(A)-(N) MONROE COUNTY, FLORIDA, Respondent. K W RESORT UTILITIES CORP.'S FIRST AMENDED PETITION FOR HEARING AS A FULL PARTY RESPONDENT K W Resort Utilities Corp., a Florida corporation ("K W Resort Utilities"), by counsel,hereby petitions pursuant to Sections 120.569, F.S. and 380.05,F.S.,to intervene in the above-styled proceeding as a full party in support of Monroe County, Florida (as Intervenor-Respondent), and also in its own regard, as S grounds therefore states as follows: 1. This proceeding involves a determination by the Department of Community Affairs (the "Department") that portions of the Monroe County Working Waterfronts comprehensive plan amendments adopted on February 4, 2008, by Ordinance No. 008-2008 (the "Plan Amendments") are' "not in compliance" or "consistent"with Chapters 163 and 380, F.S. The Plan Amendments primarily affect the Safe Harbor port and surrounding areas on Stock Island in unincorporated Monroe County. 2. Unincorporated Monroe County is in the Florida Keys Area of Critical State Concern. Fla. Stat. §380.0552. Pursuant to Section 380.05(6), the Department must make a determination of the rejected Plan Amendments' consistency with Section 380.0552(7), and also conduct its standard compliance review of the Plan Amendments pursuant to the provisions and limitations in Section 163.3184, F.S. 3. K W Resort Utilities through its representatives was involved in the comprehensive planning process and is one of the property owners most directly affected by the rejection of these Plan Amendments (see Figure 1., below, highlighting the site where K W Resort Utilities' property and business is located). • Ylk ' yrf y R Y rr • /I1 r r Figure 1. 4. Monroe County is "the local government whose plan is the subject of the review" or whose "local government comprehensive plan or amendment" must be determined to be consistent under the above statutory provisions. 2 • i 5. K W Resort Utilities is the owner of real property at Safe Harbor and is the sole wastewater utilities provider for the Safe Harbor port area on Stock Island in unincorporated Monroe County. The determinations made in current DOAH proceeding Case No. 08-002035 will potentially directly and substantially affect K W Resort Utilities' ability to serve its customers. K W Resort Utilities is a privately owned company providing y p ding a public service for the Stock Island area. K W Resort Utilities has provided Monroe County and affected property owners comments and recommendations regarding the Plan Amendments throughout the County's adoption process. 6. K W Resort Utilities received notice of the Department's decision to reject certain of the Plan Amendments through the Department's publishing of its Notice of Intent in The Key West Citizen on April 1, 2008. In its Notice of Intent, and also in its Statement of Intent, copies of which were filed with and incorporated by reference into the Department's DOAH petition in Case No. 08-002035, the Department belatedly asserts that the rejected Plan Amendments are not consistent with the Principles for Guiding Development set forth in Section 380.0552(7), F.S., as determined by the Department in its Section 380.05, F.S. review. 7. K W Resort Utilities disputes all of the Department's factual and legal allegations that portions of the Plan Amendments are not "[i]n compliance" [defined as "consistent"in the Department's Petition,its Notice of Intent and/or Statement of Intent]. 8. The Department reviewed the transmitted Plan Amendments pursuant to subsection (6) of Section 163.3184 and issued its Objections, Recommendations and Comments ("ORC Report") identifying potential compliance issues and providing comments on the proposed Plan Amendments to Monroe County, as required by 3 • subsection(6 . The( ) purpose of transmitting a proposed amendment to the Department for review, and the subsequent issuance of an ORC Report, is for the Department to identify potential compliance issues so the local government and affected property owners have a fair and reasonable opportunity to consider and address those issues before final • adoption.' 9. Section 163.3184(8), F.S., entitled "Notice of Intent", subsection (b)1., precludes the Department from raising new compliance issues after final adoption of an amendment, unless the new compliance issues relate to changes to the plan amendment that were not previously reviewed. It clearly limits the Department from changing its mind about plan amendment language or concepts due to departmental staff changes, or simply the desires or behind the scenes maneuverings of outvoted but disgruntled and politically manipulative local or former local officials wherever the Department has previously commented, and prevents the Department from presenting the local government with unanticipated, belated or even concocted objections to an adopted amendment. Specifically, Section 163.3184(b)provides, in relevant part: (b) . . . . If review was conducted under subsection (6); the agency's determination of compliance must be based only upon one or both of the following: 1. The state land planning agency's written comments to the local government pursuant to subsection (6) [the ORC Report]; or 2. Any changes made by the local government to the comprehensive plan or plan amendment as adopted. 10. Contrary to the express limitations in Section 163.3184(8)(b), F.S., the Department's Statement of Intent contains a number of allegations that are not based on 1 After final adoption of a plan amendment,Section 163 compliance issues can only be addressed during a formal administrative proceeding,with its attendant time and litigation costs. 4 the agency's written comments in the ORC Report, and that do not relate to changes made in the adopted Plan Amendments, which belatedly and prominently rest almost exclusively on a vague conglomeration of Section 380.0552(7) consistency objections. These new compliance or consistency issues include, but are not necessarily limited to, the following twelve(12) issues contained in the Department's Statement of Intent: (a) Inconsistency of ROGO/NROGO exemptions for public lodging and nonresidential development to be used as shelter space for non-evacuating emergency workers and first responders, and staging areas for disaster recovery, with the basis of the Permit Allocation System in Objective 101.2, (b) ROGO/NROGO exemptions do not ensure that the goals, objectives and policies of the County's Comprehensive Plan are being implemented consistently, (c) No data and analysis from Monroe County Emergency Management or Florida Division of Emergency Management regarding the need or appropriateness of using public lodging facilities and nonresidential uses in the Maritime Industries District as shelter space for emergency workers and staging areas for post- disaster recovery, (d) concern that the concept of utilizing public lodging and nonresidential uses as shelters for emergency workers/first responders and staging areas for post-disaster recovery has no foundation in the Comprehensive Plan, 5 (e) lack of data and analysis that demonstrates the need for additional density, (f) lack of data that analyzes the appropriateness of increasing population concentrations in a coastal high hazard area,2 (g) a lack of data and analysis regarding the availability of adequate public facilities and services, (h) compatibility of uses adjacent to or in close proximity to a military installation, (i) Policy 101.4.21 encourages uses that may interfere with. the mission of Naval Air Station Key West, (j) lack of coordination with Naval Air Station Key West, (k) failure to adopt policies to address potential encroachment issues with Naval Air Station Key West and inconsistency with Principle for Guiding Development(h)related thereto, (1) Monroe County's failure to update or amend its comprehensive plan to address compatibility of uses on lands adjacent to or proximate to existing military installations, The Department improperly included these new compliance issues in its Statement of Intent. Its actions in this regard will substantially and needlessly increase the costs of this proceeding for all parties involved. 11. In addition to the above, the statutes and rules cited in the Department's Notice of Intent and Statement of Intent do not support, and therefore require reversal of, 2 This objection was contained in the ORC Report,but only with regard to a proposed amendment to allow density attributable to houseboats to be transferred to the uplands. This proposal was not adopted. 6 the agency's proposed decision. The allegations in the Notice of Intent and Statement of Intent that the Plan Amendments are inconsistent with Principles for Guiding Development (a),P (b), (c), (e), (f), (h), (i), (k) and (1), and the Principles for Guiding Development as a whole, codified in Section 380.0552(7),F.S., are incorrect. K W Resort Utilities reserves the right to identify other specific statutory and rule provisions that support its Petition and compel an"in compliance"determination during discovery and in the parties'prehearing stipulation. • 12. The specific relief sought by K W Resort Utilities is a final order finding the Plan Amendments are consistent with the Principles for Guiding Development set forth in Section 380.0552(7), construed as a whole, -and are therefore both "in compliance"with those Principles and as defined in Section 163.3184(1)(b),F.S. 13. The undersigned contacted the Department of Community Affairs and Monroe County regarding its original Petition, and the Department's counsel Richard Shine with requesting specification, in accordance with Section 120.569, F.S., of those matters justifying the Department's failure to forward K W Resort Utilities' initial petition to DOAH along with other petitions for Case No. 08-002035. With this amended petition, K W Resort Utilities does not waive its statutory right to receive written specification of any perceived deficiencies in its now once amended petition, and additional time to amend•its petition following receipt of any such directions from the Department,or from DOAH. WHEREFORE, based upon the foregoing, K W Resort Utilities, by and through its undersigned counsel,respectfully requests an order(s)as follows: 7 i A. Allowing K W Resort Utilities to intervene in this proceeding as a full party Respondent; and B. Granting such other and further relief, including sanctions, as the Administrative Law Judge deems reasonable and appropriate. •1 DATED this 6th day of May, 2008. JERRY COLEMAN,P.L. 201 Front Street Suite 203 Key West,Florida 33040 Telephone 305-292-3095 Facsimile 305-296-6200 Barton W. ith Florida Bar No. 0020169 Jerry Coleman Florida Bar No. 0187501 Email:bart@jerrycolemanpl.net Email:jerry@jenrycolemanpl.net COUNSEL FOR K W RESORT UTILITIES CORP. CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition was filed with the Department of Community Affairs' Agency Clerk, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, by Facsimile, U.S. Mail and electronic mail (paula.ford@dca.state.fl.us), and that true copies of the Petition were served on the following persons by electronic mail this 6th day of May,2008. 8 • Barton Smith Shaw Stiller, General Counsel Richard E. Shine,Assistant General Counsel •j Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 e-mail: Shaw.Stiller@dca.state.fl.us e-mail: Richard.Shine@dca.state.fl.us Bob Shillinger, Chief Assistant County Attorney Susan Grimsley,Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026 Key West,FL 33041 e-mail: Shillinger-Bob@MonroeCounty-FL.Gov e-mail: Grimsley-Susan@MonroeCounty-FL.Gov 9 "Jerry Coleman, P.L." To <paula.ford@dca.state.fl.us> <jerry@jerrycofemanpl.net>k Iiiilte<::F-:4:- : cc <Shaw.Stiller@dca.state.fl.us>,05/06/2008 04:38 PM <Richard.Shine@dca.state.fl.us>,"Barton Smith" <Bart@jerrycolemanpl.net>,"'Jerry Coleman, P.L."' bcc Subject Amended Petition K W Resort Utilities Corp 5-6-08 The information contained in this communication and attachments is intended only for the individual(s)to whom addressed. Anyone receiving this information other than the intended recipient is hereby notified that unauthorized distributing or copying of this communication and its attachments is prohibited. If you have received this communication in error please notify the sender at sender's e-mail address and delete all copies from your computer. Receipt by anyone other than the intended recipient is not a waiver of applicable attorney-client privilege or attorney work-product doctrine protections. Please be advised that e-mail may not be checked by attorneys in this office over prolonged periods. Therefore, urgent matters should be brought to our attorneys'attention through means other than e-mail. Communication by and responses to e-mail consume attorney time and such time is billable. . FILING AND q�KNO FILED WLEDGEM on this date ENF itency , •with the desi JERRY COLEMAN, P.L. ackno ed►receipt of which• is hereby 201 Front Street, Suite 203 f / / herohy Key West, Florida 33040 PanaPFord t, (Admitted Florida awl New York) �ency Clerk - ' TEL 305-292-3095 D. • /7,12 FAX 305-296-6200 I MI i til First Amended Comp.Plan Appeal 5.6-08 wFaxcover.pdf Fax Transmission Failure Attempts 5•6.08.pdf 1 JERRYCOLEMAN,ESQ. JERRY COLEMAN, P.L. KART ,ESQ.(FL only) 201 Front Street, Suite 203 Truman Annex E-mail: Key West,Florida 33040 Building 21 Second Floor Jerry@,jenycolemanpl.net (Admitted Florida and New York Key West,Florida i Bart@jerrycolemanpl.net TEL 305-292-6200 .1 Administrative Assistant:danyel(cjerrycolemanpl.net FAX 305-296-6200 .1 FAX COVER SHEET TO: DCA CLERK DATE May6,2008 FAX NO.: 850-487-6769 TEL. NO.: 850-922-1682 . Total pages (including cover sheet): 10 The information contained in this communication and attachments is intended only for the individual(s) to whom addressed. Anyone receiving this information other than the intended recipient is hereby notified that unauthorized distributing or copying of this communication is prohibited. If you have received this communication in error please notify the sender at the above number and return the communication via the U.S.Postal Service. Receipt by anyone other than the intended recipient is not a waiver of applicable attorney-client privilege or attorney work-product doctrine protections. 1 I COMMENTS: FAX AMENDED APPEAL FILING DCA Docket No. 08-1-NOI-44 - O1 (A) (N) RELATED DOAH CASE NO. 08-002 035 Monroe County Comp Plan Amendme nt Ordinance No. 008-2008 FILING AND ACKNOWLEDGEMENT FILED, on this date, with the designated Agency Irk,receipt which is hereby ackn I g rK Off Pau a P. Ford to Agency Clerk BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWA't MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX POS) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.c1erk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROA D PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 February 14, 2008 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 700725600001 61070204 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance 008-2008 adopting amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Future Land Use Element and the Conservation and Coastal Management Element regarding Recreational and Commercial Working Waterfronts; Providing for severability and repeal of inconsistent provisions; Providing for submittal to the Florida Department of Community Affairs; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting, held in formal session, on February 4, 2008. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E-Mail to the following: Growth Management County Attorney BOCC File . 0 * /:' '6 0 . :; 0 .~ ~ ~ - . .. ~ Ii" 0 ~~ . 0 ~J1 ~ :2 0 DO dJ DO .E " 0 Ii a,;- ft 'ii~ W :2 a: ~ r: i E q ~ ~ 0:: a.:J 0 i lllJ'o A <( ODD ~ W i ...J 1ij =:i; i!.:2 ~ ~ ~ () ~i.. ~ ~ .f: 8 5l' 0 i .~~a:.s:; .. ~~ c1J DO a: ~ J!J~ .. a: '" >< ai C .- . 0 · l!1 . ]1 . .Q. c.'~.:a E~.5E 8.-.l: >. <p g~~.9:5ui ':::o(f)ouo:t:: ;:;H~~E '0 >'1J~..c 8- fij]5i~~~ C\l~C1'O""_8. ,.:~ ~~~~ ~ ~:S~hE ~ :t:~: Q)~~ -c -Il => ~--" JI "I; ~~"5~ ~ .~ E.E'C;~ ~ ~ v~a.CI)<(o .. . . ...: o >- III :;: ~ CD , CD _0> :> CDO> :> CD'" .., ~'" C (;)M ~ al .Em .ern (U-c C)~~ ~ - ~ (j) o.~ 0 0 .- ().., c: u::: Co :::: 0 .-Q)::3~ ~ E~coco:!l ~ !! >-E = E-as::J_ f/) '- 0 \U ~:~~cn.g "'E<(o=,' o "'t:' ,~,:~ n<!fT o ~ ~ '" ~ ~ m ~ N ~ ::1" o ru o I'- o .-'I ..JI .-'I o o Cl o ..JI '" ru I'- o o I'- Ii .. ~ a: E => .. a: .0 I ~ 00 0 8 0 N '" I J i 00 0 0 ~ .c .- " OJ i "- u " h ~ <<I ~ 00 " '" .,.., ~j E '" ... .0 .f 0 lie ~ rn " a. :>"'<:l>:3: ro 0 rt 0 << rt", "''' " :E:O::iO ro >< rt m " C'. I"'tl-"OC'J ",",0 l-:r:jOO"~ 1:""0 "' '<:lrt "<< ::en ll> I-' "' " n " o '" n - "'" o ...., ...., C'. n " w w o .... I-' I I-' '" 00 o . (f) CD :J "- CD " c z =< m 0 (f) i! '" ~..... ~ -0 I n ;"11 m I f..,j Q 5) m m " .n 3: f':b: leI ~:dc ~ ,- ".i-y "1) CO '" l/! CD 1:l ~ ~ '< o c ~ :J '" 3 CD '" "- "- ~ CD l/! ~ ;lm ~ '1 ~.~~. ~ ., Il'~~ .... ~::l '"'! ~ :i" s: . !:-. ~ . ~ ~ ~ . ~ ~ ~ 0 -r; "".._'.....~-. I1e/ur,.. '~I!CI'jl'l '=l'~ (EndOrsem,rr =?l'lQilire.li I1e~trlcfed"I'J/'lIf'f'JI F!l,; (ETldOll$eme I f'etlU red 0-_ I .' , T""'~~I.J..F'~, . . '3to . , Progran ,'-- ' 8i en, '~amrri;srra"v" ~(Ie-ElRg 'MoQI"lL. . ] o ~''''''''..D.A-.''',~v aUil"';~(l ~ ~~il';~~:'A~g,~~;;r.;;; -.h- _1- ...._ _....."",., CHARLIE CRIST Governor ""~wo~ rLORIDA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State February 21, 2008 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 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 receipt of your letter dated February 14, 2008 and certified copy of Monroe County Ordinance No. 008-2008, which was filed in this office on February 19, 2008. Sincerely, d%-~ 3: C> <::> z :P- :::Onz or:: fTl;a::: ~ ("'). ,.."~ ,.:JC) : :':;;:;J~'-- "'-'-. -~- ~~-:~~. Liz Cloud Program Administrator LC/jru ,., r )> DIRECTOR'S OFFICE R.A. Gray Building . 500 Soutb Bronaugh Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis,dos.state,fl.us COMMt.:NITY DEVELOPMENT 850.245,6600 . FAX: 850.245.6643 81 A IE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 ...., = = <= ..., ,.." Q:J N U1 '." ,." ,.j '''1 ::::: :::'.) :too :x >~1 i'I C) I:::) :D CJ '!? U1 .,:-