HomeMy WebLinkAboutK. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19.2010
Bulk Item: Yes No ---L
Division: Growth Management
Department:
Staff Contact PersonlPhone #: Christine Hurley
Ext. # 2517
AGENDA ITEM WORDING: Discussion and direction of Last Stand's request to have the Tier
Designation Review Committee (TDRC) review additional parcels which currently have approved
tiers, over and above the tierless properties in Monroe County required to be reviewed
ITEM BACKGROUND:
Mr. Richard Grosso, attorney for Last Stand, has requested that Monroe County and the Tier
Designation Review Committee (TDRC) review additional land (see attached maps) outside the areas
that were undesignated under the tier system by the Final Order (already over 3,100 undesignated
parcels) in 2007. In addition, staff added a grouping of 147 + 214 parcels that over the past several
years formally applied for different tier designations [some of which were reviewed by a special
magistrate] or were added for reconsideration by staff.
Staff is seeking direction and offers the historical information, as well as official documents relative to
this request. (See attached)
Options:
1. (preferred by Last Stand) Request TDRC review 171 additional parcels (or up to 249 parcels if
wetlands are included in the Tier System) over next several months and process in addition to the
tierless 3,100+ parcels.
2. Request the TDRC review 171 additional parcels (or up to 249 parcels if wetlands are included in
the Tier System) after all other parcels (3,100+) are reviewed and prepared for public hearings.
3. After the (3,100+) tierless parcels are formally re-tiered by the BOCC and approved by the
Department of Community Affairs and are final (appeal period expired or any appeal settled)
reconvene TDRC and review 171 additional parcels (or up to 249 parcels if wetlands are included in
the Tier System) and process through public hearings, similar to a Phase II.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS:
TOTAL COST:
nla INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: nla
REVENUE PRODUCING: Yes No x
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
HISTORICAL SUMMARY OF CURRENT SITUATION:
In 2005-2006, Monroe County designated parcels into Tiers to assist with allocating development
approvals to appropriate areas from an environmental and planning perspective. Generally, the Tier
designations are:
. Tier 1- Environmentally sensitive land
. Tier II - Transition or Sprawl Reduction Area on Big Pine or No Name Key
. Tier III -Infill Area (not nearly as environmentally sensitive (50% or more developed lots),
platted subdivisions, with adequate infrastructure)
. Tier iliA - Special Protection Areas - (no lilA's on Big Pine or No Name Key) intent is for the areas
that do not fit into Tier 1 or Tier III to be placed in IliA (e.g. the environmentally sensitive areas
were split by roads, were invaded with exotic plants or trees, or included some types of vesting
After adoption of the Tier Maps and ordinances, a legal challenge was filed to the ordinance which
resulted in an order from an administrative law judge (AU) that recommended striking certain portions
of the tier criteria ordinance which were used to classify parcels in the Tier System. DCA Secretary
Pelham adopted the AU's recommended order in his 2007 Amended Final Order. This ruling invalidated
approximately 3100 +/- parcels' tier designations.
Also during the years following the initial adoption, property owners (approximately 147 + 214)
petitioned the County to revisit the tier designation on their land. Some of these went through a review
by a Special Magistrate. Others were added to a staff maintained list for review. These parcels were also
added to the list of land for the TDRC to review and will be processed through the public hearing process
for amendment to the tier designations.
With the complex permitting system in the County, this de-designation of these parcels, along with
several other groupings of parcels where property owners petitioned Monroe County for amendments
to their Tier Designation have caused large groupings of parcels/land to be "Tier-less", with no ability to
score them in ROGO or NROGO.
The 2008 and 2009 Monroe County Work Program reviewed by the Governor and Cabinet outlined a
process for a DCA appointed Tier Designation Review Committee (TORe) to review the undesignated
parcels (3100 +/-). To prepare for this review Monroe County acquired Orthophotographic maps to
utilize in the review of the undesignated parcels. These maps were used by US Fish and Wildlife Services
to produce updated species maps. With the updated data the DCA appointed the Tier Designation
Review Committee (TORe) and Monroe County staff convened the TDRC in February, 2010; three
monthly meetings have been held to date. After the TDRC reviews the tierless properties, Development
Review Committee (DRC), and Planning Commission (Pe) will make recommendations for Tier
designations and, the Board of County Commissioners will ultimately be asked to adopt amendments to
the Tier Maps for these (3100+/-) parcels plus the other groupings of 147 and 214 parcels.
In discussions with Last Stand attorney Richard Grosso, leading up to the TDRC being convened, he
explained that it was Last Stand's understanding of the Cabinet decision that:
. the TDRC was to include a review of any designations that, in light of the new habitat
and species mapping available should be reconsidered
. information presented by landowners, agencies or other sources should be considered
in the TDRC process
. criteria used to determine which Tier Designation a parcel is placed in might also need
to be reconsidered.
Staff has reviewed the documents related to this request (attached) and it is not clear from the reading
of the 30-Day report or the September, 2008 memorandum to Barbara Leighty, Cabinet Aide from
Monroe County that the intention was to revisit the other parcels. See Current Request to review
additional parcels.
CURRENT REQUEST TO REVIEW ADDITIONAL 171 PARCELS (or 249 Darcels if wetlands are added into
the Tier System for consideration):
As stated earlier, Mr. Richard Grosso, legal representative from Last Stand, believes that the TDRC is
charged with reviewing additional land/parcels OUTSIDE the de-designated areas that were part of the
legal challenge originally filed by Last Stand. Please refer to Mr. Grosso's attached memorandum dated
January. 2010. His position is that the County agreed during the 2008 discussions with the Cabinet (see
attached September, 2008 memorandum) to consider these parcels in order to continue to perfect and
refine the Tier System.
2008 MEMORANDUM FROM MONROE COUNTY TO STATE OF FLORIDA ADMINISTRATIVE COMMISSION:
There was a 2008 memorandum prepared by Andrew Omer Trivette, Growth Management Division
Director, thru Roman Gastesi, County Administrator to Barbara Leighty, Administration Commission
Clerk that outlined the "Proposed Action Items for the September 20, 2009 Administration Commission
(attached). This memorandum outlined the actions Monroe County was in support of, to complete and
further the Work Plan Action items. Mr. Grosso contends the portion of the memorandum that directly
addresses the need to consider additional parcels outside the undesignated parcels is included in item
Number 4 of 9 items.
2009 FUTURE ACTIONS TABLE INCLUDED AS EXHIBIT TO WORK PLAN REQUIREMENTS:
In addition to this 2008 memorandum, in the 2008 and 2009 (2009 attached) table included in the Work
Program Requirements attached to the 30-day report to the Administration Commission the following
Action Items are included in two phases:
Habitat Protection:
"Phase I
Monroe County is to adopt conservation planning mapping (the Tier Zoning Overlay Maps and System)
into the Comprehensive Plan based upon the recommendation of the Tier Designation Review Committee
to be completed prior to September 3D, 2009. (See 4b of 8/25/08 memo from Monroe County).
Prepare new habitat data for the program area based on the best available orthophotography in
possession of Monroe County.
Establish a Tier Designation Review Committee with members selected by the Florida Department of
Community Affairs to include representation from the Florida Fish and Wildlife ConseNation Commission,
the Department of Environmental Protection, the United State Fish and Wildlife SeNice, Monroe County
environmental and other relevant interests. The Tier Designation Review Committee shall make
recommendations to the Monroe County Board of County Commissioners as proposed adjustments to
the Tier 1 and Tier iliA boundaries.
Adjust the Tier I and Tier /IIA (SPA) boundaries to more accurately reflect the criteria for that Tier as
amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying Capacity Study, utilizing
the above-referenced updated habitat data.
Phase /I
The Administration Commission to approve adoption of new rule sections to 28-20.110, FAC, for Monroe
County which will create, in part, Goal 106 to complete the 10 Year Work Program found in Policy
101.2.13, and to establish objectives to develop a build-out horizon in the Florida Keys and adopt
conseNation planning mapping into the Comprehensive Plan.
Create Objective 106.2 to adopt conseNation planning mapping (Tier Maps) into the Monroe County
Comprehensive Plan based upon the recommendations of the TDRC prior to September 30, 2009 (see 8a
of the 8/29/08 memo from Monroe County.)
Adopt 106.2.1 to require the preparation of updated habitat data and establish a regular schedule for
continued update to coincide with Evaluation and Appraisal Report Timelines.
Adopt Policy 106.2.2 to establish the TDRC to consist of representatives selected by the Florida
Department of Community Affairs to include representation from the Florida Fish and Wildlife
ConseNation Commission, the Department of Environmental Protection, the United State Fish and
Wildlife SeNice, Monroe County environmental and other relevant interests. The Committee shall be
tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best
available data to recommend amendments to ensure implementation of and adherence to the Florida
Keys Carrying Capacity Study. These proposed amendments shall be recommended during 2009 and
subsequently coincide with the Evaluation and Appraisal Report timelines beginning with the second
Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as
required above in Phase I."
Included Additional Attachments:
1. The letter attached from Richard Grosso: (file: last stand memorandum Jan. 25)
2. The 2008 memo (file: County ELG Final Proposed Action Items Sept 30 2008)
3. The 2009 work plan page 1 (file: 2009 Monroe County 30 Day Report.pdt)
4. Maps provided by Mr. Grosso.
MEMORANDUM
To:
From:
Re:
Date:
cc:
Richard Shine, DCA; Susan Grimsley & Bob Shillinger, Monroe County
Richard Grosso, ELC
Scope of Tier Map Review
January 25, 2010
Rebecca Jetton, DCA; Christine Hurley, Monroe County
I wanted to follow up on the remaining issue relative to the scope of review of the
Tier Maps during the review process that is about to get underway. Mr. Kruer continues
to put together sample maps to share that demonstrate the limited scope of what we may
be talking about. But I wanted to make a few points here in support of an approach that
is not strictly limited to only those parcels that were invalidated by the 2007 Final Order.
The initial point I would make is that the 2007 DCA Final Order is not the end of
the discussion, but simply one important part of the scope of review. While one could
debate the issue of whether that order by itself supports a re-assessment beyond the
parcels expressly invalidated therein 1, the point is that this Working Group is the product
of an action by the Administration Commission subsequent to that Final Order, not of the
Final Order itself.
The Administration Commission's action is reflected in the Oct. 30, 2008 letter
and attachments from the Secretary of the Administration Commission to Mayor Di
Gennaro.
One of the first requirements expressed in that letter is to prepare new habitat data
for the entire program area based on the new orthophotography images that had recently
been created by the County. (See page 1 of the 30 Day Report). That updated habitat
mapping had been created for the entire County and not just for parcels whose tier
designations had been invalidated in the 2007 Final Order.
Next, the October 30 letter addresses the work of the Review Committee, which,
it says, "shall be tasked with the responsibility of Tier designation review utilizing the
criteria for Tier placement and best available data to recommend amendments to
ensure implementation of and adherence to the Florida Keys Carrying Capacity Study.
These proposed amendments shall be recommended during 2009 and subsequently
coincide with the Evaluation and Appraisal Report timelines beginning with the second
Evaluation and Appraisal review which follows the adoption of the revised Tier System
and Maps." The Committee "shallltUlke recommendations to the Monroe County
Board of County Commissioners on proposed adjustments to the Tier I and Tier IlIA
boundaries." (See Oct 30, 2008 letter attachment, Path to Substantial Progress for
Monroe Count, at pages 1 and 2; All emphasis added).
1 I won't devote any space in this memo on that point, other than to make the point that the 2007 Final
Order invalidated not just specific tier map designations, but also the size thresholds written into the
general criteria for tier designations.
The key points from this requirement are:
. The Committee is charged with "tier designation review... to recommend
amendments to ensure implementation of and adherence to the [Carrying
Capacity Study]. It is not charged only with recommending replacement
designations for invalidated parcels.
. The Committee is to make recommendations "on proposed adjustments
to the Tier I and Tier IlIA boundaries." Again, this reference to the tier
boundaries is much broader than only the invalidated parcels.
. These proposed tier amendments are to be recommended by the
Committee in 2009 and then again as part of the second next EAR. (since
this would have just occurred just prior to the next EAR)
Next, the County is to adopt the Tier Overlay Zoning Maps and System into the
Comprehensive Plan "based upon the recommendations of the Tier Designation Review
Committee" and:
"to more accurately reflect the criteria for that Tier as amended by Final Order
DCA07-GM166 and imolement the Florida Kevs Carrvinfl Caoacitv Studv.
utilizing the ...updated habitat data. "(emphasis added).
Two observations about this language are important. First, the requirement is to
adopt the tier maps and system - not only to adopt designations for parcels with no
designation (invalidated designation). Next, the use of the word "and" makes it clear that
the revisions are not strictly limited to those necessary to assign designations to parcels
whose designations were invalidated by the Final Order. Instead, the reference to the
implementation of the Carrying Capacity Study responded to the Administration
Commission's determination that the Year 8 Work Plan requirement (Year 8 Task F) to
implement the Study still had not been completed.
I attach the October 2008 Administration Commission correspondence for your
convenience. We think it clear then that the limitations that some have suggested for the
work of the Committee ignore and are inconsistent with this direction of the
Administration Commission. That said, we reiterate that the scope of what should at least
be considered for a reconsideration based on the new habitat mapping and the work of the
Committee would not be very extensive and that what we are saying is designed to avoid
blatant errors that would ignore clear, current information and science and take advantage
of the seating of this group of scientists to get these maps fmally and correctly in place.
Also, we appreciate the fact that we appear to have agreed at least tentatively to allow the
Working Group to discuss parcels beyond those invalidated in the 2007 Final Order. We
also understand that there are a large number of parcels beyond those that were expressly
ruled upon in the Final Order which the County desires to bring before the Working
Group and, in the interests of getting the maps right, we are amenable to that.
We appreciate your attention to this important issue.
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DMSION
We strive to be caring, professional andfair
To: Barbara Leighty, Administration Commission Clerk
Thru: Roman Gastesi, County Administrator
From: Andrew Omer Trivette
Growth Management Division Director
Date: September 29, 2008
RE: Proposed Action Items for September 30, 2008 Administration Commission
The intention of this memo is communicate Monroe County's final proposal for the
September 30, 2008 Commission action items. This proposal represents a joint proposal
from Monroe County and the clients represented by Everglades Law Center. Monroe
County diligently pursued agreement with all parties including the Florida Department of
Community Affairs. However, due to time constraints the Department was unable to
concur. It is our hope that during the day Monday you will be able to confirm the
Departments support for our proposal. The following language includes edits based on
comments and suggestions from Richard Grosso of Everglades Law Center and the
Florida Department of Community Affairs.
Agenda Item 2 (A)
1. Pursuant to Policy 101.2.13, F.A.C., accept the Florida Department of
Community Affairs' Revised Year 10 Annual Assessment Report for the Florida
Keys Area of Critical State Concern.
2. Pursuant to Policy 101.2.13, F.A.C., enter a finding that substantial progress has
not been achieved by Monroe County or any of its municipal subsidiaries in
achieving the objectives of the work program identified for Year 10 (July 13,
2006 through July 13, 2007).
3. Pursuant to s.380.0552(4), FS 2006., extend (retroaetively) the area of critical
state concern designation until at least October 1, 2009.
Agenda Item 2 (B)
1. Pursuant to s.380.0552(4), FS., accept the Florida Department of Community
Affairs' Florida Keys Area of Critical State Concern Removal of Designation
Report (August 29,2008) identifying the 13 tasks to be completed within the four
Work Program 'Nark ]3fegram categories of Wastewater. Carrving Capacity. and
Habitat Protection and Land Acquisition.
I J _' ,. i If'
2. Pursuant to s.380.0552(4), FS., enter a finding that substantial progress has not
been achieved by Monroe County or any of its' municipal subsidiaries in
completing all of the objectives of the work program identified for Years 1
(ending December 31, 1997) through 10 (ending July 13,2007).
3. Recognize the significance of Monroe County's Planning the Balance Initiative to
work with the State and Federal governments to attain State and/or Federal
protection for the Tier 1 and 2 areas of the County as a temHBal step toward
eomplete implementation ofs.380.0552(2) and support the furtherance of the
local governments' self designed completion strategy for the following
outstanding work program task categories:
a. Habitat protection and land acquisition
b. Hurricane evacuation
4. Pursuant to s.380.0552( 4), FS., identify the following partial list of critical tasks
required for the completion of the work program, to be completed prior to
September 30, 2009:
a. Creation of a development horizon (required to fully satisfy Task C of
Year 6)
i. Analysis of maximum build-out capacity within the Florida Keys
(Monroe County. Marathon. Islamorada. Key West. Key Colony
Beach and Lavton).progmm lH'ea
11. Agreement between the progmm lH'ea Florida Keys local
governments gO'/emiBg efttities and the State of Florida through its
designee, the Florida Department of Community Affairs and other
aooropriate agencies including the South Florida Regional
Planning Council. on the input variables and assumptions required
to utilize the Miller Model to determine current evacuation
clearance times and providing for a oublic review and comment
oeriod of at least 30 dayS
111. Application of the aeoye fes:ultaRt eleaf8:Bee times to 1:8e HitlKimum.
build-out capacities and the resultant clearance times to determine
eapaeity to reB.tter a maximum sustainable build-out horizon for the
Florida Keys
IT. Adoption of conservation planning mapping (the Tier Zoning Overlay
Maps and System) into the Comprehensive plan by Monroe County, to be
completed prior to September 30, 2009 (required to fully satisfy Task F of
year 8)
i. .^..eEJ.1:1:isitioB. Preoaration of new habitat data for the program area
based on the best available ortbophotography in the possession of
Monroe County
11. Establish a working grOUp with members selected by the Florida
Department of Community Affairs to include reoresentatives from
Florida Fish & Wildlife Conservation Commission. United States
Fish & Wildlife Service. Monroe County . environmental and other
relevant interests
1. Adjustment of Tier 1 and Tier 3A (SPA) boundaries to
more accurately reflect the criteria for that Tier as amended
I ,I " I' ..
by Final Oder DCA07-GMI66 and implement the Florida
Keys Carrying Capacity Study, utilizing the above
referenced habitat data
iii. Amend the Comorehensive Plan and the Land Develooment
Regulations to state that administrative relief in the form of the
issuance of a buildine: permit is not allowed for lands designated
Tier 1 unless. after 90 days from the receipt of a complete
apj>lication for administrative relief. it has been determined that
adeauate funds are not available for purchase from any county.
state or federal ae:ency.
c. Continued wastewater infrastructure development and project completion
(required to fully satisfy Task A of Year 4, Task A of Year 6, Task A of
Year 7, Tasks A & B of Year 9, Tasks A, B, C, D, andE of Year 10)
i. Proclaim Administration Commission support for the appropriation
of 50 million dollars of the 200 million dollar total authorized
through House Bi111799 for the completion of wastewater projects
within the planning area
11. Require continued local unity and strong local leadership to fully
finance the remaining wastewater proj ects within the program area
and strive to meet the prescribed deadlines for wastewater
infrastructure completion
d. Further emphasis on the preservation and maintenance of affordable
housing stock (required to fully satisfy Task F of Year 6)
i. Increase the percentage of total allocations reserved for the
development of affordable housing
11. Complete the requirements outlined in s.420.9076. FS.. as they
pertain to the development of affordable housing initiatives and
incentives
111. Focus efforts of preservation and exoansion on rental affordable
housine: units
5. Pursuant to s.380.0552(4). FS.. direct the Florida Department of Communi tv
Affairs and the DejJartment of Environmental Protection. Division of State Lands.
to enter into a Memorandum of AlZl"eement which directs the Division of State
Lands' land acquisition funding and efforts in the Florida Keys to the purchase of
parcels for which Monroe County ROGO allocations have been denied for four
(4) years or more.
6. Approve adoption of new rule sections 28-20.110 for Monroe County which will:
a. Create Goal1 06 to complete the 1 0 Year Work Program found in Policy
101.2.13
1. Create objective 106.1 to develop a build-out horizon for Monroe
County September 30, 2009
1. Create Policy 106.1.1 to require the completion of an
analysis of maximum build-out capacity for Monroe
County in coordination with the Department of Community
Affairs and each municioalitv in the Keys
2. Create Policy 106.1.2 to require Monroe County, the
Florida Department of Community Affairs, and the South
Florida Regional Planninl! Council to enter into a
memorandum of understanding, after a notice and comment
period of at least 30 days for interested parties, stipulating
the input variables and assumptions for utilizing the Florida
Keys Hurricane Evacuation Model to accurately depict
evacuation clearance times for the population of Monroe
County.
3. Create Policy 106.1.3 to require the County's application of
the derived clearance time detailed in the above created
policy to the maximum build-out capacity to create the
build-out horizon for Monroe County.
4. Create Policy 106.1.4 to amend the current
ROGO/NROGO svstem to disburse the allocations
available within the build-out horizon over 20 years. based
on infrastructure availability and level of service standards.
and environmental carrvinl! caoacity.
11. Create Objective 106.2 to adopt conservation planning mapping
(Tier maps) into the Monroe County Comprehensive Plan prior to
September 30,2009.
1. Create Policy 106.2.1 to require the &eE):ufsitiea preparation
of updated habitat data and establish a regular schedule for
continued update to coincide with evaluation and appraisal
report timelines
2. Create Policy 106.2.2 to establish the Tier Designation
Review Committee te he steffes mtemaJ te t1:te Divisiea ef
Cife','Jtl:i MB:BagemeBt to consist of reoresentatives selected
bv the Florida Deoartment of Community Affairs from
Monroe County. Florida Fish & Wildlife Conservation
Commission. United States Fish & Wildlife Service. and
environmental and other relevant interests. Bel!inning with
the second EAR review process which follows the adoption
of the revised Tier Svstem and Maos as required above. this
Committee shall be tasked with the responsibility of Tier
designation review utilizing the criteria for Tier placement
and best available data to recommend amendments to
ensure imolementation of and adhearance to the Florida
Keys Carrying Capacity Study. These orooosed
amendments shall coincide with the evaluation and
appraisal report time lines
111. Create Obiective 106.3 to eftElel:H'El2e aRS meeliti','ize require the
continued maintenance and preservation of and to promote the
creation of new affordable housing
1. Create Policy 106.3.1 to allow Monroe County to augment
the percentage of allocations granted by the State of Florida
i' 1 J I { , : -
which are reserved for affordable housing to more than that
established in rule 28.20.110 FAC (71 of 197 or 36.04%)
2. Create Policy 106.3.2 to encourage the completion of the
affordable housing requirements outlined in s.420.9076.
FS.. as they pertain to the development of affordable
housing initiatives and incentives
3. Create Policy 106.3.3 to establish that Monroe County's
Affordable Housing Advisorv Committee shall focus its
efforts toward the creation of rental affordable housing
units
7. Direct the Department of Community Affairs to promulgate rules to amend the
Comprehensive Plans of each Florida Keys local government. establishing the
annual allocations for all municipalities and Monroe County based on the build-
out horizon and limits. including a cumulative evacuation clearance time limit of
24 hours.
8. To implement the Florida Keys Carrying Capacity Study. direct the Florida Keys
local governments to discourage private applications for future land use changes
which increase allowable density/ intensity on lands in the Florida Keys
9. Amend and adopt rules in furtherance of Monroe County's initiative to work with
State and Federal governments in seeking the addition of Tier 1 & 2 properties to
a Sate and/or Federal protected area. PI8:BBHig tHe Bal8:Bee far a Sl:lstamahle
Flaritla Keys iB#iatlT/e
a. Adopt a new rule to read:
The Administration Commission has determined that Properties designated as,
currently or in the future. Tier I are nationally significant natural resources,
suitable and feasible additions to State and Federal protected area programs, and
recognize the requirement for a collaborative management partnership between
the County, State and Federal governments to ensure a sustainable Florida Keys.
The Department of Community Affairs, Department of Environmental Protection,
and other relevant State departments shall coordinate with Monroe County, which
shall serve as the lead entity, in seeking the addition of Tier 1 & 2 properties to a
State and/or Federal protected area. The coordinated efforts shall include, but are
not limited to: (a) preparing a draft resolution for the Florida Legislature's
consideration that supports Federal legislative or executive action in furtherance
of designation; (b) preparing a formal designation proposal for consideration by
the Federal legislative and executive branches; (c) cooperating with any review
process undertaken by the State and/or Federal government; (d) preparing draft
legislation for consideration by the local delegation for inclusion in the 2009
legislative package which will amend s.380.0552( 4), FS to allow for full
implementation of the Planning the Balance initiative and further provide for the
continued designation of the area until State and/or Federal protection is
established requiring that the Administration Commission reconsider the
designation following the established procedure no later than December 16,2013.
Please call Barbara Leighty at (305)488-7793 if you have any questions.
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December 17, 2009
Of(, ;[ 01 SeCRr:rAIl'Y
~ I l\,.WHf.i 101 ul' Ltwta'i"III\! ,\1lAJm
The Honorable Sylvia Murphy, Mayor
Monroe County
Murray E Nelson Government &
Cultural Center
102050 Overseas Highway
Suite 234
Marathon, Florida 33037
Dear Mayor Murphy:
The Florida Keys Area has been recognized as a significant Flonda resource for Its
environmental, natural. and historical characteristics. The designation as an Area of Critical
State Concern and the 1 O-year Work Program in Administration Commission Rule 28-20 110.
FAC, have served as cntical steps toward protecting water quality, habitat areas. and citizen
safety in the Florida Keys. It is through our continued partnership with county, state, and federal
government principals, and environmental and citizen organizations, that our goals for
sustaining this valuable resource can be achieved
Enclosed are the actions taken by the Commission at the November 17, and December 8, 2009,
meetings. These Include the 30-Day Report as required by section 380.0552(4)(a), Florida
Statutes, and the Final Order Issued on December 10, 2009, granting Monroe County's Petition
for Variance 'rom or Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction.
During the reporting process, the Department of Community Affairs and the County proposed
changes to the Work Program Tasks. These changes will be considered for Inclusion in the
Administration CommiSSion rule subsequent toeglsla1,ve action on the consensus legislation
presented to the Commission on December 8 2009
The CommiSSion appreciates your continued commitment and service to the public," meeting
the objectives of the Area of Critical State Concern deSignation. Should you have any questions
regarding the 30-Day Report, please contact Lisa Sal'ba at (850) 487-1884.
Sincerely,
~;k.~ :
Jerry L. McDaniel. secrel!!"'
Administration Commission
JLMlls
Enclosures
The Honorable Sylvia Murphy
December 17, 2009
Page Two
cc: Members of the Administration Commission
Secretary Thomas G. Pelh_am. DepartlTlent of Community Affairs
Secretary Michael W. Sole. Department of Environmental Protection
Secretary Stephanie Kopelousos. Department of Transportation
State Surgeon General Ana M. Viamonte Ros. MD. M P.H . Department of Healih
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