Item B7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 26, 2009 Division Growth Management
Bulk Item: Yes_ No X Department: Planning & Environmental Resources
Staff Contact Person: Mitchell N. Harvey. AICP Comprehensive Planning Mana er
AGENDA ITEM WORDING:
A public hearing to consider transmittal of a resolution to the DCA, proposing an
ordinance to amend Policy 102.8.5 of the Monroe County Year 2010 Comprehensive
Plan allow the provision of wastewater service and utilities necessary for its operation to
developed properties located within the Coastal Barrier Resources System.
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on July 23, 2008 and based on the
facts presented at the meeting, the Planning Commission recommended approval of the Policy
Document amendment to the Board of County Commissioners.
PREVIOUS RELEVANT COMMISSION ACTION: NIA
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATION: Approval
TOTAL COST: NIA
COST TO COUNTY: NIA
REVENUE PRODUCING: Yes
APPROVED BY: County Attorney
DOCUMENTATION:
BUDGETED: Yes No NIA
SOURCE OF FUNDS: NIA
No NIA AMOUNT PER MONTH: NIA Year
Included X
OMB / Purchasing
Not Required
DISPOSITION: AGENDA ITEM #
Risk Management
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Planning Commission
Through: Andrew O. Trivette, Director of Growth Management
Townsley Schwab, Acting Director of Env. & Planning Resources
From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
Date: January 9, 2009
Subject: Request for an Amendment to Policy 1Q2,8.5 of the Monroe County Year 2010
Comprehensive Plan to allow the provision of wastewater service and utilities
necessary for its operation to developed properties located within the Coastal
Barrier Resource System
Meeting: January 26, 2009
1 REQUEST
In response to direction by the Board of County Commissioner on June 18, 2008, the Growth
Management Division is requesting to amend the Monroe County Year 2010 Comprehensive
Plan to allow the provision of wastewater service to properties located within the Coastal
Barrier Resources System Overlay District together with the provision of those utilities
required to provide sanitary wastewater collection and treatment.. This will give Monroe
County the ability to more closely comply with the State requirement to provide centralized
sewer services throughout the Florida Keys by July 1, 2010.
Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is proposed to be
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 CBRS units., excluding central sanitary wastewater service
and those utilities required to provide sanitary wastewater collection and treatment.
11 PROCESS
Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan may be
proposed by the Board of County Commissioners (BOCC), the Planning Commission or the
Director of Planning. The Director of Planning shall review and process amendments and
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I pass them on to the Development Review Committee and the Planning Commission for
2 recommendation and final approval by the BOCC.
4 The Planning Commission and the BOCC shall each hold at least one public hearing on a
5 proposed amendment. The Planning Commission shall review the amendment, the reports
6 and recommendations of the Department of Planning & Environmental Resources and the
7 Development Review Committee, and the testimony given at the public hearing, and shall
8 submit its recommendations and findings to the BOCC. The BOCC shall consider the staff
9 report, recommendation, and testimony given at the public hearings and may either deny the
10 application or adopt or not adopt a resolution transmitting the proposed amendment to the
11 DCA. Amendments are then reviewed by the Florida Department of Community Affairs and
12 returned to the County with objections, rejections and comments to be considered prior to
13 adoption of the ordinance. Then, an adoption hearing is scheduled for the BOCC.
14
15 III RELEVANT PRIOR COUNTY ACTIONS
16
17 June 2000 — BOCC approved the Monroe County Wastewater Management Plan;
18 December 19, 2001 — BOCC approved Ordinance 043-2001 amending the Monroe County Land
19 Development Regulations to include Section 9.5-258, thereby establishing the Coastal Barrier
20 Resources System Overlay;
21 April 16, 2008 — BOCC approved the expansion of the Sumerland/Cudjoe/Sugarloaf Regional
22 Wastewater System to cover design for Big Pine Key and Lower Sugarloaf Key;
23 May 21, 2008 — BOCC approved central sanitary wastewater service to the property owners of
24 No Name Key through inclusion of the area in the Lower Keys Regional Service Area
25 wastewater treatment and collection system.
26 June 18, 2008 — BOCC discussed an item to direct staff to amend Section 9.5-258 Coastal
27 Barrier Resources System Overlay District of the Monroe County Code to eliminate the
28 prohibition of the establishment of central wastewater treatment collection systems and utilities
29 for no Name Key. Following public discussion, the BOCC approved a motion that the
30 prohibition of utilities is reworded such that the focus and priority be placed on wastewater first
31 and any discussion of electric or any other utility is deferred until the wastewater goal is
32 accomplished. The Board directed staff to amend the Land Development Regulations and the
33 Comprehensive Plan.
34 June 18, 2008 — BOCC approved a resolution to remove the developed residential area the
35 unrecorded plat on the east end of No Name Key, otherwise originally known as "Islands End"
36 from the Coastal Barrier Resource System.
37 July 22, 2008 — Development Review Committee held a meeting, received comments from the
38 public, and recommended approval to the Planning Commission.
39 July 23, 2008 — The Monroe County Planning Commission held a public hearing, received
40 comments from the public, and recommended approval to the BOCC.
41
42 IV REVIEW OF APPLICATION
43
44 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
45 County Year 2010 Comprehensive Plan:
46
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I Existing Policy 102.8.5 discourages the extension of utilities within the Coastal Barrier
2 Resources System Overlay District. The proposed amendment to the Monroe County
3 Land Development Regulations clarifies the intent of Monroe County to provide
4 centralized wastewater service throughout the unincorporated area by July 1, 2010 as
5 mandated by the Chapter 99-395, Laws of Florida. An amendment to Section 9.5-258(b)
6 of the Monroe County Code is being considered concurrently with the proposed
7 amendment. to the Comprehensive Plan.
8
9 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
10 the Monroe County, Land Development Regulations:
11
12 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC may consider the adoption of
13 an ordinance enacting the proposed change based on one (1) or more of the following
14 factors:
15
16 i. Changed projections (e.g., regarding public service needs) from those on which the
17 text or boundary was based:
18
19 None.
20
21 ii. Changed assumptions (e.g., regarding demographic trends):
22
23 None,
24
25 iii. Data errors, including errors in mapping, vegetative types and natural features
26 described in Volume I of the Monroe County Year 2010 Comprehensive Plan:
27
28 None.
29
30 iv. New issues;
31
32 In order to improve near shore water quality, the State of Florida requires the
33 provision of centralized wastewater service to eliminate sewage disposal surface
34 water discharges within Monroe County by the July 1, 2010 (Chapter 99-395, Section
35 6, Laws of Florida). On June 18, 2008, the BOCC directed staff to amend the
36 Comprehensive Plan and Land Development Regulations to allow wastewater service
37 within the Coastal Barrier Resources System Overlay District. An amendment to
38 Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is concurrently
39 being considered to allow wastewater service within the Coastal Barrier Resources
40 System Overlay District, together with the provision of those utilities required to
41 provide sanitary wastewater collection and treatment. Provision of wastewater service
42 within the coastal areas of Monroe County will further the mandate of the State to
43 improve near shore water quality through the elimination of sewage disposal surface
44 water discharges.
45
46 v. Recognition of a need for additional detail or comprehensiveness:
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2 The proposed amendment clarifies the necessity to provide centralized wastewater
3 service within Monroe County, which includes the Coastal Barrier Resources System
4 Overlay District.
5
6 vi. Data updates:
7
8 None.
9
10 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
11 Critical State Concern:
12
13 All land development regulations enacted, amended or rescinded within a area of critical
14 state concern must be consistent with the Principles for Guiding Development, Section
15 380.0552(7), Florida Statutes. The proposed GOP amendment promotes and furthers the
16 following Principles in Section 380.0552(7):
17
18 i. To strengthen local government capabilities for managing land use and
19 development so that local government is able to achieve these
20 objectives without the continuation of the area of critical state concern
21 designation.
22
23 The proposed amendment strengthens Monroe County's ability to
24 provide centralized wastewater service to existing and future land uses
25 within the unincorporated area. Growth controls presently in place, such
26 as the Residential Rate of Growth Ordinance (ROGO) and Non-
27 residential Rate of Growth Ordinance (NROGO), effectively moderates
28 how much new development will occur within Monroe County.
29
30 One focus of the Area of Critical State Concern program was
31 environmental protection. The associated ACSC work program
32 supports the efforts by Monroe County to improve near shore water
33 quality by developing and implementing centralized wastewater and
34 storm water management plans.
35
36 ii. To protect shoreline and marine resources including mangroves, coral
37 reef formations, seagrass beds, wetlands, fish and wildlife, and their
38 habitat.
39
40 The provision of centralized wastewater service will improve near shore
41 water quality, enhancing the Florida Key's unique shoreline marine
42 habitats which include mangroves, coral reefs, and seagrass beds,
43
44 iii. To ensure the maximum well-being of the Florida Keys and its citizens
45 through sound economic development.
46
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Centralized wastewater service is an essential component of residential
and nonresidential development, reducing the incidence of near shore
water pollution that affects the well-being of both Florida Keys citizens
and its tourist visitors who are an essential supporter of the local
economy. Eco-Tourism has long been an economic driver within
Monroe County and the Florida Keys. Maintaining the health of near
shore habitat is consequently a high priority to the Florida Keys and its
citizens.
iv. To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
The provision of centralized wastewater service will improve near shore
water quality through the elimination of septic hot spots and the use of
uncontrolled individual septic systems whose contaminants leach into
the adjacent near shore waters.
V. To protect the value, efficiency, cost-effectiveness, and amortized life
of existing and proposed major public investments, including sewage
collection and disposal facilities.
The proposed amendment will give the Florida Keys Aqueduct
Authority the ability to design, construct, and maintain centralized
wastewater service throughout the Monroe County unincorporated area.
Economies of scale are extremely important to public utilities in our
current budgetary environment. Limitations on the expansion of
wastewater services are prohibiting economies of scale. Allowing
additional users to access the proposed centralized wastewater system
will promote lower user fees. The present Coastal Barrier Resource
System Overlay District limits our ability to do this.
vi. To protect the public health, safety, and welfare of the citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida
Resource.
The maintenance of near shore water quality is an essential element of
the Florida Keys. Pollution of the Keys' aquatic habitat can result in the
permanent degradation and destruction of the Florida Keys' unique
marine resources. Near shore water pollution has resulted in the
periodic closing of public beaches and promotes algae growth that
destroys coral reefs that are unique to the Florida Keys. Implementation
of a County -wide centralized wastewater system will significantly
reduce the level of near shore pollution resulting from individual septic
systems through protecting public health, safety and welfare as well as
our most important resource.
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D. Impact on Community Character:
The proposed amendment will allow existing and future land uses located within Coastal
Barrier Resources System Overlay to be served by centralized wastewater service, to
promote, improve and protect near shore water duality. Monroe County presently
maintains several unique land use controls, such as the Tier System, Rate of Growth
Ordinance (ROGO), Nonresidential Rate of Growth Ordinance (NROGO), and the
Incidental Take Permit (ITP, 6/9/96). It is anticipated that the proposed amendment will
not affect the rate of new growth in Monroe County. However, the proposed amendment
will insure that as growth proceeds within the context of these regulations, centralized
wastewater service will be available concurrent with the impact of existing land uses and
new development. No changes in land use density, intensity or community character is
anticipated as a result of the proposed amendment. This amendment will result in the
enhancement of near shore water quality, which will in turn promote a more sustainable
shoreline and near shore aquatic environment.
V FINDINGS OF FACT
1. 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 and specifically prohibited the "construction or purchase of any structure,
appurtenance, facility, or related infrastructure" 16 U.S.C. 3504(a)(1) in said areas.
2. Monroe County has 15 designated units of the CBRS which can be found listed in Table
3.21 of the Monroe County Year 2010 Comprehensive Plan Technical Document and
illustrated on the Existing Land Use Maps of the Comprehensive Plan Map Atlas.
3. 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.
4. 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".
5. Current Flood Insurance Rate Maps published for the National Flood Insurance Program
by the Federal Emergency Management Agency, indicate there are five developed residential
areas (with five structures or less per acre) and one commercial area that fall within the
CBRS designation; and
6. 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
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public utilities to or through lands designated as a unit of the Coaster Barrier Resources
System.
7. 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 July 1, 2010 as a means of
improving near shore water quality within the Florida Keys.
8. On rune 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
first and any discussion of electric or any other utility be deferred until the wastewater goal is
accomplished.
VI CONCLUSIONS OF LAW
1. The proposed amendment will not affect the existing or fixture land use character of
Monroe County.
2. The proposed amendment is internally consistent with the Monroe County
Comprehensive Plan.
3. The proposed amendment will allow a more comprehensive implementation of a
centralized wastewater service system throughout the unincorporated area of Monroe
County as required by Chapter 99-395, Laws of Florida.
VII RECOMMENDATION
Staff recommends approval to the Monroe County Board of County Commissioners.
VIII ATTACHMENTS
1. Monroe County Code and Comprehensive Plan Citations
2. Ordinance No. 43-2001
3. Coastal Barrier Resources Act
4. Coastal Barrier Resources Act Reauthorization
5. Chapter 99-395, Laws of Florida
6. Resolution No.179-2008
7. CBRS No Name Key Unit FL-50 Map
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BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2009
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
TRANSMITTING TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AN
ORDINANCE AMENDING THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE
PLAN, AMENDING POLICY 102.8.5 BY
ALLOWING THE PROVISION OF
WASTEWATER SERVICE AND THE UTILITIES
NECESSARY FOR ITS OPERATION TO
DEVELOPED PROPERTIES LOCATED WITHIN
THE COASTAL BARRIER RESOURSES
SYSTEM
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purpose of considering the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Monroe
County Year 2010 Comprehensive Plan, changing Policy 102.8.5 of the Policy
Document; and
WHEREAS, the Monroe County Planning Commission and the Monroe County
Board of County Commissioners support the requested polcy change;
NOW THERFORE, BE IT RESOLVED BV THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA-
Section l: The Board of County Commissioners does hereby adopt the
recommendation of the Planning Commission to transmit the ordinance for adoption of
the proposed amendment.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (1") set of comprehensive plan amendments for 2009 to
the Florida Department of Community Affairs for review and comment in accordance
with the provisions of F. S. Sec. 163.3184; and
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of
this resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 261h day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
m
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY ATTORNEY
APARO y1) AS FOAM
Date:' Y'
DEPUTY CLERK
BOCC ORDINANCE
ORDINANCE NO. -2009
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 REOURCES SYSTEM; PROVIDING FOR
SEVERIBILITY; 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 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 [W-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 .Tune 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, 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
WHEREAS, 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
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners 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 CBRS units..., excluding central sanitary wastewater
service and those utilities required to provide central sanitary wastewater collection and
treatment.
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.
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 special meeting held on the 26"' day of January A.D., 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
go
Mayor George Neugent
MONK E COUNTY ATTORNEY
ROVEQ AS 1 TO F RM
(SEAL)
Date:
ATTEST: DANNY L. KOLHAGE, CLERK.
DEPUTY CLERK
The Solar Community of No Name Key
1934 No Name Drive
No Name Key, Florida 33043
OV26/2009
Special BOCC Meeting/Transmittal Hearings for Comp Plan Amendments
Marathon, Florida
AgmIa Item 7: "A public hearing to consider transmittal of a resolution to the DCA,
proposing an ordinance to amend Policy 102.8.5 of the Monroe County Year 2M
Comprehensive Plan allow the provision of wastewater service and utilities necessary
for its operation to developed properties located with [in] the Coastal Barrier
Resources system.
A. Who We Are and Mere We Stand:
The Solar Community of No Name Key, formerly known as the No Name Key Property Owners
Against Commercial Power, was founded in 1995 in response to efforts to extend commercial
electricity to No Name Key. Many of us are here today and would like to be recognized even if
we choose not to speak as individuals. Our message has not changed.
Our message is simple.
1.) We are NOT members of, nor represented by, the recently formed pro -commercial
power organization "No Name Key Property Owners Association, Inc."
2.) We are committed to comply with the Year 2010 wastewater standards.
3•) We do NOT support the extension of commercial power to No Name Key; and, will not
contribute financially to any such project.
B. previous BOCC Decisions Were Based on F2 tion not Fact
The May 21, 2oo8, BOCC decision to "start the procedurg to put No Name Key back into the
"Hot Spot Designation" was M based upon relevant factual information, data or analysis.
The June 16, 2oo8, BOCC decision to "amend the Code and the Comp Plan to lift the prohibition
of the establishment of central wastewater treatment collection systems and utilities for No
Name Key" was NM based upon relevant factual information, data or analysis.
The July 23, 2oo8, Planning Commission decision to recommend an amendment to
Comprehensive Plan Policy 102.8.5 was NOT based upon relevant factual information, data or
analysis.
C. T& Relevant Facts Have Been Downstrated and Emanfirmed.
Our previous submittals to this Board, regarding this issue, have demonstrated that the above -
mentioned BOCC decisions were based upon information that was submitted by some residents
of No Name Key, which was never verified as relevant and accurate by Staff.
6.1�
Please see the attached as a small sample of our previous submittals reconfirming that:
1.) No Name Key was NOT "omitted" from the Monroe County Wastewater Master Plan.
2.) No Name Key is NOT, and has never been, a wastewater "Hot Spot."
3.) No Name Key was designated as a wastewater "Cold Spot" in the Monroe County Sanitary
Wastewater Master Plan.
Since the adoption of the 1986 Comprehensive Land Use Plan, Monroe County has consistently
taken positive actions to discourage development on No Name Key. This has taken the form of
land acquisition, and the adoption of numerous policies and ordinances.
The recent flurry of proposals will raise development expectations, which is contrary to a long
list of previous actions on the part of all three levels of government. This proposed amendment
to Policy 102.8.5 is not based upon any objective data or analysis and would be inconsistent with
the overall intent of the Monroe County Year 2010 Comprehensive Plan and Chapters 163 and
380, Florida Statues. Please vote NO on this agenda item.
Attachments With Page Numbers:
1 "o5/21/2oo8 BOCr Amanda Item -2 S rmm=" sheet submitted by Commissioner
DiGennaro's office and which claims that No Name Key was omitted from the Monroe
County Sanitary Wastewater Master Plan and that No Name Key was listed (on pages 65
& 66) in a i999 EPA Report as a "Hot Spot" designated for central wastewater treatment.
(The final three crucial pages of the 199g EPA Table 5 (pages 67 & 68 & 69) were not
included in the Agenda Item Back-up Materials provided to each of the Commissioners.)
2 11 .14/97 Sc n9 of Work Man of "Sb& Areas for MonCo may Sanitary
Wastewater Master Pan" that shows No Name Key lies within the boundary of the "Big
Pine Key Study Area".
3 "Exhibit F-i-B• Hot aW rea & Cmiuminity Wastewater Collection & Treatment
System Service Areas" that shows No Name Key lies within the "Big Pine Regional
Wastewater Management District and is designated a wastewater "Cold Spot."
4 " Exhibit 1-2• Strr Ares for h Monroe County a-
G�1' sin the i never KPvs Area �
water Master Plan" that shows No Name Key lies within the boundary of the "Big Pine
Key Study Area #ii."
5 "Exhibit 6-1 • Hot Spot Areas and Rankingg Lower KW SWdyArea" that indicates No
Name Key is not listed as a "Hot Spots."
6 "Exhibit 7-.q Recommended W atewater Management Imphmentabon Plan for the
Lower K= that shows No Name Key on the map and indicates that No Name Key is
not slated to be included in the Big Pine Key Regional Service Area.
7-11 All flee vagra of "Table 5 'n h 1999 EPA R Qrt" which shows that No Name Key was
not designated as a wastewater "hot spot"; and, also shows that No Name Key was not
included in the list of "Florida Keys — Prioritu Water nrm)itu "Hot Snots" generated on
March i9, 1996 at the SFWMD "Florida Keys Water Quality'Hot Spot' Workshop."
12-13 "11/22/2008 Lg=r from Dr Willi m i Kr,rm ,U Program Scientist, Florida Keys
National Marine Sanctuary, Water Quality Protection Program, also confirming the three
statements in "Section C" above as accurate factual statements; and, that No Name Key —
as a designated "Cold Spot" — "could best be served by onsite treatment systems."
—Z-
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed_, Mgy 2 (. 2008
Division: BOCC
Bulk Item: Yes No XX
Department: Comm. Di Gennaro pistrict 4
StatPContact Person: Tamara Lundstrom
(305 289-6000)
AGENDA ITEM WORDING: Approval to designate No Name Key improved residential areas
AS a "Plot Spot" for inclusion in the regional central wastewater system for the Lower Keys.
ITEM BACKGROUND: In September 19", an EPA scientific studv based report was issued on the water
quality and contamination of Florida Keys near shore waters and canals, as it part of the EPA Water Quality
Protection Project for the Florida Keys. Lhis document was
cooperative effort led by the U. S. Environmental Protection Agency ( v p)Zdthe) This
hArmy ao'Peoagenc�mei
(ALOE), the Florida Keys National Marine Sanctuary through the National Oceanic and Atmospheric
Administration (NOAA), the Florida Department of Environmental Protection (DEP), the Florida Marine
Research Institute, the South Florida Water Management District (SFWMD), the Florida Keys Aqueduct
Authority (FKAA), and the Monroe County Department of Marine Resources.
',4e Attached for cl, in ntatio : Included in the EPA re ort a es 65 &tilt , was a priority listing of
Florida Keys "iiot Spots" designated for central wastewater treatment based on the scientific study, which
included a No Name Key improved residential area (Bahia Shores) as #47 on the list due to the water quality
degradation found in the tested canal.
pertinent excerpts
--...• ..aa�ewarer rian (see
spot b} default. This action will correct that omission.
PREVIOUS RELEVANT BOCC ACTION:
June 2000 — BOCC approved the Monroe County Wastewater Management Plan
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: BUDGETED: Yes — No _
COST TO COUNTY: _ _ SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No _-._ AMOUNT PER MONTH- _ Year _
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included XX Not Required
UISPOSfi'IUN: AGENDA ITEM # J--Z
Revised 2/05
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Table 5. Florida Keys Water Quality "Hot spots": Areas with Known or
Suspected severely degraded Water Quality (From: U.S. EPA, 1993, Table
64, as revised on March 19. 19% by an Interagency Pastel.
1D1►
aft
L"A mn
1
Ocean Reef Marina
Key Largo
2
Phase I and Dispatch Creek
Key Largo
-WeNde-Beyond DELETED -PURCHASED BY STATE
Key-Eergo
3
C-1II Canal
Mainland
4
Sexton Cove and Lake Surprise Subdivisions
Key Largo
5
Cross Key Waterways Subdivision
Key Largo
6
Port Largo
Key Largo
7
Key Largo Fishery Marina
Key Largo
8
Marian Park and Rock Harbor Estates
Key Largo
9
Pirate Cove Subdivision
Key Largo
10
Winken, Blynken, and Nod
Key Largo
11
Blue Water Trailer Park
Key Largo
12
Hammer Point
Key Largo
13
Campbell's Marina
Key Largo
14
Tropical Atlantic Shores Subdivision
Plantation Key
15
Plantation Key Colony'
Plantation Key
16
Indian Waterways
Plantation Key
17
Plantation Yacht Harbor
Plantation Key
18
Treasure Harbor
Plantation Key
19
Venetian Shores
Plantation Key
20
Holiday Isle Resort
Windley Key
21
Islamorsda Fish House NEW
Upper Matecumbe Key
22
Lorelei Restaurant NEW
Upper Matecumbe Key
23
Stratton's Subdivision NEW
Upper Matecumbe Key
24
Port Antigua
Lower Matecumbe Key
25
White Marlin Beach
Lower Malecumbe Key
26
Lower Matecumbe Beach
Lower Matecumbe Key
27
Calooss Cove Marina'
Lower Matecumbe Key
28
Kampgrounds of America Marina
Fiesta Key
29
Long Key Estates and City of Layton'
Long Key
30
Outdoor Resorts of America
Long Key
31
Conch Key
Conch Key
32
Coco Plum Beach area'
Fat Deer Key
33
Bonefish Towers Marina'
Fat Deer Key
Key Go La 0-itimll INJECTION WELL
Fe! Beer Ka
34
Coco Plum Causeway NEW
Fat Deer Key
35
Key Colony Subdivision'
Vaca Key (Marathon)
36
Sea -Air Estates
Vaca Key
37
90'" Street Canal
Vaca Key
38
Winner Docks
Vaca Key
39
National Fish Market
Vaca Key
40
Faro Blanco Marina
Vaca Key
41
Boot Key Marina
Vaca Key
42
Boot Key Harbor drainage area
Vaca Key
43
Marathon Seafood
Vaca Key
44 '
Little Venice NEW
Vaca Key
45'
A' 1
Table 5. continued
18sa1101
45
Knight Key Campground
Knight Key
46
Sunshine Key Marina
Ohio Key
47
Bahia Shores
No Name Key
48
Doctors Arm
Big Pine Key
49
Tropical Bay
Big Pine Key
50
Whispering Pines Subdivision
Big Pine Key
51
Sands Subdivision area
Big Pine Key
52
Eden Pines Colony
Big Pine Key
53
Pine Channel Estates
Big Pine Key
54
Cahill Pines and Palms
Big Pine Key
55
Port Pine Heights
Big Pine Key
56
Sea Camp'
Big Pine Key
57
Coral Shoes Estates
Little Torch Key
58
Jolly Roger Estates
Little Torch Key
59
Breezegwept Beach Estates'
Ramrod Key
60
Summerland Key Fisheries
Summerland Key
61
Summerland Key Cove
Summertand Key
62
Cudjoe Ocean Shore
Cudjoe Key
63
Venture Out Trailer Park
Cudjoe Key
64
Cutthroat Harbor Estates°
Cudjoe Key
65
Cudjoe Gardens Subdivision'
Cudjoe Key
66
Orchid Park Subdivision
Lower Sugarloaf Key
67
Sugar Loaf Shore Subdivision
Lower Sugarloaf Key
68
Sugar Loaf Lodge Marina'
Lower Sugarloaf Key
69
Bay Point Subdivision
Saddlebunch Keys
70
Porpoise Point'
Big Coppitt Key
71
Seaside Resort
Big Coppitt Key
72
Gullrest Parts
Big Coppitt Key
73
Boca Chica Ocean Shores
Geiger Key
74
Tamarac Park
Geiger Key
75
Boca Chica Naval Air Station
Boca Chica Key
DELETED
Aeeeeen Kelp
76
Boyd's Trailer Park
Stock island
77
Alex's Junkyard
Stock Island
78
Ming Seafood
Cow Key
79
Oceanside Marina
Cow Key
80
Safe Harbor
Cow Key
81
Key West Landfill
Key West
82
House Boat Row
Key West
83
Garrison Bight Marina
Key West
84
Navy/Coast Guard Marina and
Key West
Trumbo Point Fuel Storage Facility
85
Truman Annex Marina
Key West
86
Key West Sewage Treatment Plant Oulfall
Key West
87
Key West Bight NEW
Key West
88
Key West Stormwater Discharge NEW
Key West
• Potential water quality degradation. No data available. p
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A— I I
J��tED 3)„Tfs
A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
: REGION 4
c � WATER MANAGEMENT DIVISION
tiro vno*Eo SOUTH FLORIDA OFFICE
400 NORTH CONGRESS AVE., SUITE 120
WEST PALM BEACH, FLORIDA 33401
November 22, 2008
Richard Grosso, Esq.
Nova Southeastern University
Shepard Broad Law Center
3305 College Avenue
Ft. Lauderdale, FL 33314-7721
Dear Mr. Grosso:
It has come to my attention that some residents of No Name Key (Monroe
County), Florida have argued that No Name Key is a water quality "hot spot" and thus
slated to receive a central collection and treatment system that would require electricity to
accomplish. That argument is not supported by the facts. The canal system at No Name
Key was on a preliminary list of canals that were identified as potential sources of
degraded water to receiving waters. All canals on that list were originally identified as
"hot spots." However, No Name Key was not identified as a hot spot for wastewater
planning. Thus, part of the confusion in this matter is semantic.
No Name Key was identified in the Monroe County Sanitary Wastewater piaster plan
as a "cold spot", meaning that it was determined that wastewater improvements could be
accomplished effectively with onsite, not central collection and treatment, wastewater
systems. It is my understanding that the designation of No Name Key as a cold spot for
wastewater planning is included in a Monroe County Ordinance.
Because the confusion in this matter stems in part from a misinterpretation of the
history of listings of degraded water bodies, I have included below a brief discussion of
the salient facts. This history is discussed in "Water Quality Concerns in the Florida
Keys: Sources, Effects, and Solutions" (EPA 904-R-99-005).
In 1985, FDEP sampled the major residential canal systems and other near
shore waters in the Keys from Ocean Reef to Key West in support of
designation of the Keys as an "Outstanding Florida Water." The report
concluded that many of the canals have degraded water, "often below
standards." The canal at Bahia Shores Subdivision, No Name Key, was
included in that water quality sampling program.
2. The canals and other near shore waters that were sampled during the
Outstanding Florida Water Study appeared as a list of potential sources of
degraded water quality to receiving waters in a planning document that was
prepared during the development of the Water Quality Protection program for
Recycled/ Recyclable 9 Printed with Vegetable Oil Based Inks on 100 % Recycled Paper (40 % Postconsumer)
the Florida Keys National Marine Sanctuary (EPA Phase II Report, 1993,
Table 6-4). All the areas sampled were identified as "water quality hot spots",
i.e. areas with known or suspected severely degraded water quality.
3. The list of water quality hotspots was revised and updated at an interagency
workshop sponsored by the South Florida Water Management District (March
19, 1996). Also, a new list was prepared that included the relative ranking of
the top 19 canal systems and other waters that demonstrate poor water quality
based on the literature and the collective experience of the participants of the
workshop. This new list is included as pages 3 through 5 of Table 5 (Florida
Keys -Priority Water Quality Hot Spots) in the publication "Water Quality
Concerns in the Florida Keys: Sources, Effects, and Solutions". Note that the
text of that EPA Report has a typographical error and states that the meeting
occurred on April 16, 1996 (page 19). The new list also included a brief
description of the potential solutions to water quality problems for each of the
Prioritized water quality hot spots. No Name Key was not on the revised list
of water quality hotspots.
4. The Monroe County Sanitary Wastewater Master Plan took a fiesh look at all
areas of the Keys and evaluated them based upon their potential nutrient
addition to receiving waters, number and density of houses, economics, and
other environmental considerations. Service areas were ranked based upon
Potential for environmental harm and designated as either a "hotspot for
wastewater planning" or a "cold spot for wastewater planning." Hot spots
could best be served with central collection and treatment systems. Cold spots
could best be served by onsite treatment systems. No Name Key was
identified as a cold spot in the Wastewater Master Plan.
I hope that this summary of the history helps you understand the source of the
controversy over the status of No Name Key in wastewater planning. If you have any
questions or wish to discuss this in any more detail, you may reach me by telephone
(561 310-9145 cell phone; 305 872-5690 home) or email (knrczynslci.bill@epa.gov).
Sincerely,
William L. Kruc .D.
Program Scientist
Florida Keys National Marine Sanctuary
Water Quality Protection Program
A-13
Proposed by Monroe County
"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 CBRS units excluding central sanitary wastewater
service and those utilities required to provide sanitary wastewater collection and
treatment"
Suggested alternative
Policy 102.8.5
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 CBRS units, with the exception of expenditures
necessaryfor public health (and safety) to and/or though those areas of CBRS units that
are considered developed according to the standards/guidelines provided by the Coastal
Barrier Resources Act of 1982 and that will further protect the natural resources and
environment of Monroe County through ensuring a water management system that will
reverse the deterioration of water quality as provided for in Section 7, Article 11 of the
State Constitution/ or/ required by Section 380.021 Florida Statutes./ or/ as mandated by
H.B. 99-395. This policy shall be applied only to No Name Key until such time as the
County completes an analysis all developed areas within CBRS units as only those
developed areas of No Name Key have demonstrated that they meet the definition criteria
of developed as defined by the Coastal Barrier Resources Act.
►lato109