Resolution 295-2008
RESOLUTION NO. 295-2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS SUPPORTING THE PROPOSED
AMENDMENT TO POLICY 102.8.5 OF THE COMPREHENSIVE
PLAN TO FACILITATE CENTRAL WASTEWATER SERVICE
TO NO NAME KEY.
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the
Coastal Barrier Resources System (CBRS) to restrict the federally subsidized
development of coastal barrier areas [16 U.S.C. 3504(a)(1)]; and
WHEREAS, Monroe County has 22 designated units of the CBRS identified by
the U.S. Fish and Wildlife Service; and
WHEREAS, Objective 102.8 of Monroe County Year 2010 Comprehensive Plan
states: "Monroe County shall take actions to discourage private development in areas
designated as units of the Coastal Barrier Resources System [9J-5.006(3)(b)4]"; and
WHEREAS, Policy 102.8.5 of Monroe County Year 2010 Comprehensive Plan
states: "Upon adoption ofthe Comprehensive Plan, Monroe County shall initiate efforts
to discourage the extension of facilities and services provided by the Florida Keys
Aqueduct Authority and private providers of electricity and telephone services to CBRS
units"; and
WHEREAS, on December 18, 2001, the Board of County Commissioners
adopted Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code
which established a Coastal Barrier Resources System Overlay District, the purpose of
which is to implement the policies of the comprehensive plan by prohibiting the
extension and expansion of specific types of public utilities to or through lands
designated as a unit of the Coastal Barrier Resources System; and
WHEREAS, Pursuant to Chapter 99-395, Laws of Florida, Monroe County has
been mandated by the State of Florida to provide a centralized sewer system by 2010 as a
means of improving near shore water quality within the Florida Keys, and
WHEREAS, on June 18,2008, the Growth Management Staff was directed by
the Board of County Commissioners to amend the comprehensive plan and land
development regulations to reword the prohibition on utilities such that the focus and
priority be placed on wastewater treatment first and any discussion of electric or any
other utility, other than those required to efficiently support a central wastewater
collection system, be deferred until the wastewater goal is accomplished; and
WHEREAS, the Development Review Committee on July 22, 2008 reviewed the
legal authority and the proposed text; and
Page 1 of2
Reviewer:
WHEREAS, during a regular meeting hcld on July 23, 2008, the Monroe County
Planning Commission conducted a public hearing on the proposed text and recommended
approval of the proposed text.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The BOCC confirms its continued support for the proposed comprehensive
plan amendment which will facilitate the provision of central wastewater services to No
Name Key which currently includes developed areas within the Coastal Barrier
Resources System.
Section 2: The BOCC instructs the Growth Management Division Director to proceed
with the Planning Commission recommended amendment to the comprehensive plan in
January 2009 as a part of the 09-01 comprehensive plan amendment package which will
require a public hearing prior to transmission.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 17th day of September, 2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie M. Spehar
Yes
Yes
No
No
Yes
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Page 2 of2
Reviewer:
EXHIBIT "A"
ORDINANCE NO. -2008
AN ORDINANCE AMENDING POLICY 102.8.5 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ALLOW THE
PROVISION OF CENTRAL WASTEWATER SERVICE AND SUPPORT
UTILITIES TO DEVELOPED PROPERTIES LOCATED WITHIN THE
COASTAL BARRIER RESOURCES SYSTEM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING THE CLERK OF THE BOARD
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR THE INCORPORATION INTO
THE COMPREHENSIVE PLAN
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal
Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal
barrier areas (see 16 U.S.c. 3504(a)(I)); and
'VHEREAS, Monroe County has 22 designated units of the CBRS identified by the U.S.
Fish and Wildlife Service; and
'VHEREAS, Objective 102.8 of Monroe County Year 2010 Comprehensive Plan states:
"Monroe County shall take actions to discourage private development in areas designated as units
of the Coastal Barrier Resources System [9J-5.006(3)(b)4]"; and
WHEREAS, Policy 102.8.5 of Monroe County Year 2010 Comprehensive Plan states:
"Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to discourage
the extension of facilities and services provided by the Florida Keys Aqueduct Authority and
private providers of electricity and telephone services to CBRS units"; and
WHEREAS, on December 18, 2001, the Board of County Commissioners adopted
Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code which established
a Coastal Barrier Resources System Overlay District, the purpose of which is to implement the
policies of the comprehensive plan by prohibiting the extension and expansion of specific types
of public utilities to or through lands designated as a unit of the Coastal Barrier Resources
System; and
WHEREAS, Pursuant to Chapter 99-395, Laws of Florida, Monroe County has been
mandated by the State of Florida to provide a centralized sewer system by 2010 as a means of
improving near shore water quality within the Florida Keys, and
WHEREAS, on June 18, 2008, the Growth Management Staff was directed by the Board
of County Commissioners to amend the comprehensive plan and land development rel,'lllations to
reword the prohibition on util ities such that the focus and priority be placed on wastewater
treatment first and any discussion of electric or any other utility, other than those required to
efficiently support a central wastewater collection system, be deferred until the wastewater goal is
accomplished; and
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W: GROWTH MANAGEMENTBOCC GMD Agenda Items 2008091TCRS Camp Plan AmcndBOCC
Approved without underlines or strikethroughs Wastewater GOP Ordinance (Amendcd).doc
WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County
Planning Commission conducted a public hearing on the proposed text, and recommended
approval of the proposed text; and
\VHEREAS, the Monroe County Board of County Commissioners held a public hearing
to consider the transmittal of the proposed amendment to the state land planning agency on
January 21, 2009; and
\VHEREAS, it is the desire of the Monroe County Board of County Conunissioners that
the following amendment to the Comprehensive Plan be adopted and sent to the state land
planning agency for approval;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is
hereby amended to include the following:
Monroe County shall initiate efforts to discourage the extension of facilities and services
provided by the Florida Keys Aqueduct Authority and private providers of electricity and
telephone: service to undeveloped properties within CBRS units.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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Section 5. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a meeting held on the _ day of , 200_
Mayor Mario DiGennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
DEPUTY CLERK
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W:GROWTH MANAGEMENT BOCCGMD Agenda Items 200R0917 CRS C"mp ptan Amend' BOCC
Approved without underlines or strikethroughs Wastewater GOP Ordinance (Amended).doc