Working Waterfront Discussion
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 2. 2008
Commissioner: Mavor McCov
Bulk Item: Y es ~
No
Department:
Staff Contact:
AGENDA ITEM WORDING:
Approval of a resolution to declare the BOCC' s intent to decline an administrative hearing concerning
final order of the DCA approving one (I) goal. three (3) objectives,13 policies and the rejection of five
(5) policies previously adopted by the BOCC known as the Working Waterfront Amendments; further
directing staff to formally withdraw the five (5) rejected policies through an ordinance approved at
public hearing by the BOCC; Further directing staff to pursue revision and re-adoption of the five (5)
rejected policies by attempting to reach an accord with Naval Air Station Key West and the Florida
Department of Community Affairs which protects the mission of the base and at the same time
safeguards the civil interests of Momoe County's citizenry.
ITEM BACKGROUND:
The working waterfronts Comprehensive Plan amendment was adopted by the BOCC and rendered to
the Florida Department of Community Affairs (DCA) on February 4, 2008. Upon completion of its
review the DCA issued its notice of intent to find the amendment not in compliance. Momoe County
has two potential avenues for recourse. The first is to appeal the final order finding the amendment not
in compliance by going through the administrative hearing process and the second is to revise the
rejected policies by adopting a new amendment to include the revised policies.
PREVIOUS RELEVANT BOCC ACTION:
February 2008.- Final adoption of the Comprehensive Plan amendment for working waterfronts.
September 2007- Approved transmittal ofa Comprehensive Plan amendment for working waterfronts.
September 2006- Directed staff to enter into an inter-local agreement with South Florida Regional
Planning Council to develop a Comprehensive Plan amendment for working waterfronts.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No..,X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---K.. OMBlPurchasing _Risk Management_
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM #
c
DISPOSITION:
RESOLUTION NO.
-2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DECLARING THE BOCC'S
INTENT TO DECLINE AN ADMINISTRATIVE HEARING
CONCERNING FINAL ORDER OF THE DCA APPROVING
ONE (1) GOAL, THREE (3) OBJECTIVES,I3 POLICIES AND
THE REJECTION OF FIVE (5) POLICIES PREVIOUSLY
ADOPTED BY THE BOCC KNOWN AS THE WORKING
WATERFRONT AMENDMENTS; FURTHER DIRECTING
STAFF TO FORMALL Y WITHDRAW THE FIVE (5) REJECTED
POLICIES THROUGH AN ORDINANCE APPROVED AT
PUBLIC HEARING BY THE BOCC; FURTHER DIRECTING
STAFF TO PURSUE REVISION OF THE FIVE (5) REJECTED
POLICIES BY ATTEMPTING TO REACH AN ACCORD WITH
NAVAL AIR STATION KEY WEST AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS WHICH
PROTECTS THE MISSION OF THE BASE AND AT THE SAME
TIME SAFEGUARDS THE CIVIL INTERESTS OF MONROE
COUNTY'S CITIZENRY.
WHEREAS, the Board of County Commissioners held a public hearing on February, 4
2008, for the purposes of adopting a proposed amendment to the Momoe County Year 2010
Comprehensive Plan; and
WHEREAS, a notice of intent was received from the Department of Commnnity affairs
dated March 21, 2008, rejecting five of the adopted policies in the amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby decline an administrative
hearing on a final order of the Florida Department of Community Affairs which adopted
one (1) goal, three (3) objectives,13 policies and the rejection of five (5) policies
previously adopted by the BOCC known as the Working Waterfront Amendments.
Section 2. The Board of County Commissioners does hereby direct staff to formally
withdraw the five (5) rejected policies through an ordinance approved at public hearing
by the BOCC.
Section 3. The Board of County Commissioners does hereby direct staff to pursue revision
of the five (5) rejected policies by attempting to reach an accord with Naval Air Station
Key West and the Florida Department of Community Affairs which protects the mission
of the base and at the same time safeguards the civil interests of Monroe County's
citizenry.
Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to
the Director Growth Management and the Secretary of the Department of Community
Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , A.D., 2008.
Mayor Charles McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia J. Murphy
By
Charles McCoy, Mayor
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
County of Monroe
Growth Management Division
Marine Resources Office
Suite #420
2798 Overseas Highway
Marathon FL 33050
Voice: (305) 289-2805
FAX: (305) 289-2536
Board of Conotv Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Mario DiGennaro, Dist. 4
George Neugent, Dist. 2
Dixie Spehar, Dist. 1
Sylvia J. Murphy, Dist. 5
We strive to be caring, professional andfair
DATE:
April I , 2008
TO:
Andrew Orner Trivette
Growth Management Division Director
FROM:
Richard Jones
SUBJECT:
Review of Notice ofIntent from DCA
The Florida Department of Community Affairs (DCA) has issued its Notice of Intent (NO!) for the
Comprehensivt: Plan amendment 08-01. The DCA found five policies to be 'not in compliance'.
Attached is a brief overview of the NO!, provided by staff, which describes each policy of the adopted
Comprehensive Plan amendment and the status of the policy per the notice of intent. While five policies
were found 'not in compliance', the remaining policies were determined by DCA to be in compliance and
will be approved in the final order if unchallenged.
Staff can, at the direction of the Board, pursue revision of the five policies for submittal in a subsequent
comprehensive plan amendment. Staff would work with Naval Air Station Key West and the DCA to
reach an accord. Additionally, the policy revisions would go through a review and hearing process as
described below.
Review Process
Timeline
Comp Plan Amendment development and D&A
Marine and Port Advisory Committee
Development Review Committee
Planning Commission
Board of County Commissioners
April-May
June 3
June 24
July 23
August 20
Please be aware, however that the above time line does not take into consideration the need to go back to
any of the above committees/commissions for a second hearing. The time to complete the revisions,
review and approval process could take considerably longer than indicated in the time line, depending
upon the timeliness of these commissions, boards and other interested parties.
>>
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Page 1 of 1
Belle Desantis
Cc:
"Cyr-Connie" <Cyr-Connie@monroecounty-ft.gov>
"County Commissioners and Aides" <_19a406@monroecounty-ft.gov>; "County Attorney" <-
17af5c@monroecounty-ft.gov>; "Belle Desantis" <idesantis@monroe-c1erk.com>
"Frederick-Debbie" <Frederick-Debbie@monroecounty-fi.gov>; "Trivette-Andrew" <Trivette-
Andrew@monroecounty-ft.gov>; "Pam Hancock" <phancock@monroe-clerk.com>
Wednesday, April 02, 20089:24 AM
C.pdf
RE: Agenda Item
From:
To:
Sent:
Attach:
Subject:
A scrivener's error was found in the resolution; please find attached the corrected agenda item.
Thank you,
Connie Cyr
Aide to County Administrator
1100 Simonton Street
Key West, Fl. 33040
305-292-4441
From: Cyr-Connie
Sent: Tuesday, April 01, 2008 4:43 PM
To: County Commissioners and Aides; County Attorney; 'Belle Desantis'
Cc: Frederick-Debbie; Trivette-Andrew; 'Pam Hancock'
Subject: Agenda Item
Please find attached an agenda item that will be presented as an add-on at tomorrow meeting for consideration.
Hard copies will be handed out at the meeting.
Thank you.
Connie Cyr
Aide to the County Administrator
The Historic Gata Cigar Factory
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office 305-292-4443
Fax 305-292-4544
cyr-connie@lmonroec01!n!Y:fl,gQY
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4/7/2008
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Aoril 2. 2008
Commissioner: Mavor McCov
Bulk Item: Yes ..ll-
No
Department:
Staff Contact:
AGENDA ITEM WORDING:
Approval of a resolution to declare the BOCC's intent to decline an administrative hearing concerning
final order of the DCA approving one (1) goal, three (3) objectives,13 policies and the rejection of five
(5) policies previously adopted by the BOCC known as the Working Waterfront Amendments; further
directing staff to formally withdraw the five (5) rejected policies through an ordinance approved at
public hearing by the BOCC; Further directing staff to pursue revision and re-adoption of the five (5)
rejected policies by attempting to reach an accord with Naval Air Station Key West and the Florida
Department of Community Affairs which protects the mission of the base and at the same time
safeguards the civil interests of Monroe County's citizenry.
ITEM BACKGROUND:
The working waterfronts Comprehensive Plan amendment was adopted by the BOCC and rendered to
the Florida Department of Community Affairs (DCA) on February 4, 2008. Upon completion of its
review the DCA issued its notice of intent to find the amendment not in compliance. Monroe County
has two potential avenues for recourse. The first is to appeal the final order finding the amendment not
in compliance by going through the administrative hearing process and the second is to revise the
rejected policies by adopting a new amendment to include the revised policies.
PREVIOUS RELEVANT BOCC ACTION:
February 2008 - Final adoption of the Comprehensive Plan amendment for working waterfronts.
September 2007- Approved transmittal of a Comprehensive Plan amendment for working waterfronts.
September 2006- Directed staff to enter into an inter-local agreement with South Florida Regional
Planning Council to develop a Comprehensive Plan amendment for working waterfronts.
CONTRACT/AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No..x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -1L OMB/Purchasing _Risk Management_
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM #
c...
DISPOSITION:
.
RESOLUTION NO.
-2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DECLARING THE BOCC'S
INTENT TO DECLINE AN ADMINISTRATIVE HEARING
CONCERNING FINAL ORDER OF THE DCA APPROVING
ONE (I) GOAL, THREE (3) OBJECTIVES,13 POLICIES AND
THE REJECTION OF FIVE (5) POLICIES PREVIOUSLY
ADOPTED BY THE BOCC KNOWN AS THE WORKING
WATERFRONT AMENDMENTS; FURTHER DIRECTING
STAFF TO FORMALLY WITHDRAW THE FIVE (5) REJECTED
POLICIES THROUGH AN ORDINANCE APPROVED AT
PUBLIC HEARING BY THE BOCC; FURTHER DIRECTING
STAFF TO PURSUE REVISION OF THE FIVE (5) REJECTED
POLICIES BY ATTEMPTING TO REACH AN ACCORD WITH
NAVAL AIR STATION KEY WEST AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS WHICH
PROTECTS THE MISSION OF THE BASE AND AT THE SAME
TIME SAFEGUARDS THE CIVIL INTERESTS OF MONROE
COUNTY'S CITIZENRY.
WHEREAS, the Board of County Commissioners held a public hearing on February, 4
2008, for the purposes of adopting a proposed amendment to the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, a notice of intent was received from the Department of ?Community affairs
dated March 21, 2008, rejecting five of the adopted policies in the amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby decline an administrative
hf:aring on a final order of the Florida Department of Community Affairs which adopted
one (I) goal, three (3) objectives,13 policies and the rejection of five (5) policies
previously adopted by the BOCC known as the Working Waterfront Amendments.
Section 2. The Board of County Commissioners does hereby direct staff to formally
withdraw the five (5) rejected policies through an ordinance approved at public hearing
by the BOCC.
Section 3. The Board of County Commissioners does hereby direct staff to pursue revision
of the five (5) rejected policies by attempting to reach an accord with Naval Air Station
Key West and the Florida Department of Community Affairs which protects the mission