Ordinance 021-2009
ORDINANCE NO. 021 -2009
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2010
COMPREHENSIVE PLAN TO REVISE SECTIONS OF
THE POTABLE WATER ELEMENT AND THE
INTERGOVERNMENTAL COORDINATION
ELEMENT REGARDING WATER SUPPLY
CONCURRENCY, ADOPTING A 10-YEAR WATER
SUPPLY PLAN; PROVIDING FOR SEVERABILITY
AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on June
2, 2009 for the purposes of considering a proposed amendment to the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida
Department of Community Affairs on January 26, 2009; and
WHEREAS, the BOCC makes the following findings of fact and conclusions of
law:
1. Section 163.3180(2)(a). F.S. requires local governments to consult with water suppliers
to ensure that adequate water supplies will be in place and available to serve new
development no later that when the local government issues a certificate of occupancy.
Local Governments should update their comprehensive plans and land development
regulations to address this concurrency requirement.
2. The South Florida Water Management District (SFWMD) has updated its Lower East
Coast Water Supply Plan, which identifies areas where water supply shortages are
projected to occur within the next 20 years.
3. The service provider for potable water in Monroe County is the Florida Keys Aqueduct
Authority (FKAA). The FKAA prepared a 20-year Water System Capital Improvement
Master Plan in December, 2006 that is consistent with the South Florida Water
Management District (SFWMD) Lower East Coast Water Supply Plan.
4. Pursuant to Section 163.3177(6)(c), F.S., local governments that are subject to a
regional water supply plan must adopt a 10-year water supply facilities plan in their
comprehensive plans.
5. Monroe County is to prepare a 10-year Water Supply Work Plan and update its
comprehensive plan. This update is exempt from the twice per year comprehensive plan
amendment process.
6. The Potable Water Element and Intergovernmental Coordination Element of the
Monroe County 2010 Comprehensive Plan presently includes goals, objectives and
policies that identify the roles and responsibilities for coordination with FKAA as the
service provider for water supply within Monroe County.
7. On December 16, 2008 the Monroe County Planning Commission held a public
hearing on the proposed ordinance, 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 Potable Water and Intergovernmental Coordination Elements citing the FKAA 20-
year Water System Capital Improvement Master Plan as Monroe County's 10- Y ear
Water Supply Facilities Work Plan.
8. The proposed amendments are internally consistent with other elements of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF
MONROE COUNTY, FLORIDA:
Section 1. The Potable Water Element is amended as follows:
Policy 701.1.1
Level of Service Standards
1. Overall LOS: 132.00 gal/capita/day
Policv 701.1.6
Monroe County shall implement a concurrency management system that is consistent
with the South Florida Water Management District Lower East Coast Regional Water
Supply Plan and Florida Keys Aqueduct Authority 20-year Water System Capital
Improvement Master Plan.
Policy 701.1.7
Monroe County shall prepare and maintain a 10-year Water Supply Work Plan that
identifies alternative water supply projects, traditional water supply projects,
conservation, and reuse necessary to meet the Monroe County Unincorporated Area
water supply needs, consistent with the South Florida Water Management District Lower
East Coast Regional Water Supply Plan and the Florida Keys Aqueduct Authority 20-
year Water System Capital Improvement Master Plan.
Policy 701.1.8
Monroe County shall update the 10-year Water Supply Work Plan every 5 years or within
18 months after the governing board of the South Florida Water Management District
approves an updated regional water supply plan.
Section 2. The Intergovernmental Coordination Element is amended as follows:
Policy 1301.1.15
Monroe County shall consult with the Florida Keys Aqueduct Authority to confirm the
availability of water supply prior to the issuance of a building permit.
Policy 1301.1.16
Monroe County shall initiate an interlocal agreement with the Florida Keys Aqueduct
Authority (FKAA) to establish a mechanism whereby the FKAA and the County identify
the availability of water supply needed to serve existing and new development within the
Unincorporated Area, monitor the utilization of the water supply, and implement such
alternative water supply projects, traditional water supply projects, conservation projects,
and reuse necessary to meet Monroe County's water supply needs.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. This ordinance shall be transmitted to the Planning Department to the Department
of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 6. 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 Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 2nd day of June A.D., 2009.
Mayor George Neugent Yes
Mayor Pro Tern Sylvia Murphy Yes
Commissioner Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNJr, FLORIDA '^ J.....
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BY
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
M~C.~
DEPUTY CLERK
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FLORIDA DEPARTMENT or STATE
. - .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 18,2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through
022-2009, which were filed in thIS office on June 15,2009.
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Program Administrator
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DI\llCTOR'S OFFl(;E
Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0
850.L45.6600 .. FAX: 850.215.673:i .. TDD: 850.9?2.4085 .. hti,.llrllis.dos.state.f1.us
COMMUNITY DEVEI.OPMEN T
850.245.6600 .. FAX: tiSJ.245.6fA3
-' ",HE LiBf,ARr' OF FVJRIDA
85.') :? 45.660G to FA-'X: 850.2< 5.6744
STATE ARCHIVES OF FLORIDA
850.2'L56700 .. FAX: 250.4S8.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 .. FAX: f,;).488.9879
kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES
850 -'45.6750 '" FAX: 850.)'-:':6:t)5
ADMINISTRATIVE CODE AND WEEKLY
850.//;; 62~O .. FAX: 850.24).6282
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