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Resolution 179-2008 Mayor Di Gennaro RESOLUTION NO. 179 - 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA DECLARING SUPPORT OF CONGRESSIONAL LEGISLATION TO EXCLUDE THE DEVELOPED RESIDENTIAL AREA OF THE UNRECORDED PLAT ON THE EAST END OF NO NAME KEY, OTHERWISE KNOWN AS "ISLAND'S END", LOCATED IN MONROE COUNTY, FLORIDA FROM THE FEDERAL COASTAL BARRIER RESOURCES SYSTEM. WHEREAS, the Florida Keys have been designated by the Legislature of the State of Florida as an Area of Critical State Concern requiring development and implementation of a comprehensive plan and land development regulations; and WHEREAS, the Coastal Barrier Resource Protection Act (CBRA) was enacted by the Federal Government in 1982 to protect remaining natural coastal eco-systems from encroachment and development, creating the Coastal Barrier Resources System (CBRS); and WHEREAS, coastal areas of the Florida Keys were added to the CBRS in the Coastal Barrier Improvements Act of 1990 (CBRA), which included the undeveloped areas of No Name Key; and WHEREAS, the defining criteria of "undeveloped" for inclusion into the CBRS was refined in the 1990 CBRA to specify the density of development to be less than one home/structure per five acres ofland; and WHEREAS, at the time of the inclusion of the CBRA, the east end of No Name Key consisted of 5.28 acres of buildable land with nine (9) homes permitted and substantially complete (walled and roofed), approximately one home per .528 acres. Additionally, five (5) other property owners had previously received building permits and their homes were in various phases of active construction. Today, there are fourteen (14) homes on 5.28 acres; and WHEREAS, in comparison, the west end of No Name Key in 1990, Bahia Shores and Dolphin Harbour subdivisions, consisted of approximately 15.4 buildable acres, and they had fourteen (14) homes permitted and substantially completed, at one home per 1. 10 acres, and were excluded from the CBRA; and WHEREAS, the west end of No Name Key, as a previously developed residential area with development well over the defined criteria of "undeveloped", was correctly excluded from the CBRS; but the east end of No Name Key, also a previously developed residential area with similar density of development was seemingly included in error; now, therefore; 1 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: I. The Board of County Commissioners hereby requests the Florida Delegation use the necessary legislative process within the U.S. House of Representatives to remove the developed residential area of the unrecorded plat on the east end of No Name Key, otherwise originally known as "Island's End", located in Monroe County, Florida from the Coastal Barrier Resource System. 2. The Board of County Commissioners expresses its support of the necessary congressional legislation to remove the developed residential area of the unrecorded plat on the east end of No Name Key, otherwise originally known as "Island's End", located in Monroe County, Florida from the Coastal Barrier Resource System. 3. The Clerk is hereby directed to forward copies of this resolution to Senator Bill Nelson and Senator Mel Martinez, U. S. Senate; Representative Ron Saunders, District 120; Senator Larcenia Bullard, District 39; Senator Bill Nelson; Senator Mel Martinez; Congresswoman Ileana Ros-Lehtinen, District 18; and Congressman Mario Diaz-Balart, District 25. Mayor Di Gennaro Mayor Pro Tem McCoy Commissioner Murphy Commissioner Neugent Commissioner Spehar Yes - Yes Yes 6 0 z ?; ~2:,:? ~, '-' ~ ~ " :ll: ~ en C) ';"' -', -',-) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~~~ j Mayor 2 :do_ ZANN~.;TTON caur; ~ 1Y