Item B1 Miscellaneous Everglades
Law Center, Inc. January 9, 2015
Defending Florida's Ecosystems
and Communities ,
www.evergladeslaw.org . . Monroe County Board of County Commissioners
1100 Simonton St: •
Southern Everglades and Key West FL 33040
Florida Keys Office Sent via email , .. •
660 Crandon Blvd., Suite 223
Key Biscayne, FL 3314.9 •
Phone: 305-867-9338 Dear Commissioners,
Board of Directors Looking forward to the meeting for transmittal of the Comprehensive
Richard Hamann, Esq. Plan Update on January 14 I submit these comments on behalf of Last Stand
and the Florida Keys Environmental Fund. Thank you for your
Robert Hartsell, Esq. consideration of our comments and recommendations throughout the
Joel A. Mintz, Esq. Comprehensive .Plan Update process.
Laurie Ann Macdonald
This .letter is regarding policies related to offshore islands in. the 12 -19 -14
Karen Marcus draft of. the Future Land Use Element. We understand the language in the •
David White, Esq. Comprehensive Plan draft that is currently posted to the website will be
• transmitted to the state if approved at the 1 -14 -15 meeting. At the 12 -10 -14
Executive Director meeting the Commission decided to separate height • and offshore island
policies from the EAR based Comprehensive Plan amendments scheduled
Sara Fain, Esq. for final review and transmittal at the 1 -14 -15 meeting in Marathon. While
General Counsel we understand the intent is to remove changes related to offshore islands in
the Plan that will be transmitted, this has not been accomplished. With
Jason Totoiu, Esq. respect to offshore islands we noted several edits to these policies. We found
Senior Staff Counsel the majority of the edits related to offshore islands did not result in •
substantive changes. However, there is one change that is extremely
Lisa Interlandi, Esq. concerning to us, which . falls into the category of a substantive change.
Program Attorney Specifically policy 101.13.4 is removed in the 12 -19 -14 draft and replaced
Julie Dick Esq. with policy 101.13.53. We ask today for a change to this policy to be
consistent with the intent of not making substantive changes to offshore
island policies for transmittal to the state at the January meeting.
Additionally, because of the need for more information, analysis and further
public hearings regarding offshore islands, we believe it would be
appropriate to place a moratorium on offshore island development until the
process of determining Comprehensive Plan amendments related to offshore
islands is completed.
The Everglades Law Center, Inc. is a tax - exempt Florida not-for-profit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code.
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Transmit Comprehensive Plan Update without substantive changes to offshore
islands policies
Policy 101.13.4, which is removed, specifically designates offshore islands as
sender sites for transfer of development rights (TDRs). Policy 101.13.53, sets sender site
criteria based on the Tier system. Under this policy offshore islands are not specifically
mentioned and sender sites are determined by Tier. Receiver site criteria includes 5
criteria, none of which carry over the designation of offshore islands as sender sites.
While we believe offshore islands should all be considered Tier 1, we have heard
different interpretations from staff and believe that the failure to enumerate that offshore
islands are sender sites means this may leave many offshore islands without sender site '
designation. This would also potentially lead to the treatment of certain offshore islands
as receiver sites. This would have significant consequences in the development of
offshore islands. Our concern for this change is elevated to the level that we are very
seriously considering a challenge to this Comprehensive Plan change if that specific
policy is transmitted to the state and accepted by Monroe County.
While we understand that the evaluation of offshore island changes will be
ongoing over the summer the failure to maintain the status quo and transmittal of the
Comprehensive Plan with this very significant substantive change would leave us in the
position of potentially having to challenge this aspect of the Comprehensive Plan, even
though the decisions and discussion regarding this specific area of the Comprehensive
Plan are supposed to be forthcoming and ongoing through much of 2015.
We believe our concern would be addressed if the change highlighted below in
yellow is made prior to transmittal. This would avoid including significant substantive
changes regarding offshore islands in the Comprehensive Plan transmitted to the state in
January.
. . . - . • _ . . -- .. .= .... - , ^ YD• .
Sparsely Settled (SS)
Parks and Refuge (PR)
Conservation (C)
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... - .,... - .- ! ., .
iolic 10aL13.531
101.13.2 and no later than one year from the date when the County's Geographic
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sender and receiver sitcs as .specified in Policy. 101.13.4, and shall map parcels
Transfer of Development Rights program sender and receiver sites are subject to
the following transfer conditions:,
Sender Site Criteria:
1. Located in a Tier I, II or III -A designated area.
2. Located in a Tier I, II, or III -A designated area; or any tier designation within
the County's Military Installation Area of Impact (MIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow
the requested use;
• Liveable CommuniKeys Community Centers shall be encouraged as
receiving areas for transfer of development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment
and disposal wastewater meeting adopted LOS, paved roads, etc.)
ocated within a Tier III designated area;
5. Is not located within a designated CBRS uni , ; ands
s mot an o + fshoie island.
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Place a moratorium on offshore island development while the process of finalizing
offshore island policies is ongoing
By all accounts more information, analysis, public input and decision - making is
needed to update the Comprehensive Plan with respect to offshore islands. We look
forward to participating in this process over the coming months. In the meantime, we
believe it would be appropriate to place a moratorium on offshore island development
while this process is ongoing. There is important information unavailable to the public
with respect to offshore islands, such as the number of islands in private ownership and
issues that need clarification, such as the Tier status of offshore islands. We believe
leaving offshore islands open for development prior to finalizing these policies leaves
room for significant error. Under these circumstances we urge the Commissioner to
place a moratorium on the development of offshore islands until the updates to offshore
island policies in the Comprehensive Plan are fmalized. -
Conclusion
Thank you for your time and consideration of our recommendations. We are
grateful for the work of staff and the Commission throughout the Comprehensive Plan
Update process. Your thoughtful and reasonable deliberation and decision - making will
make for a better Comprehensive Plan for. Monroe County. Please feel free to contact me
with any questions or concerns regarding our comments.
Kindest regards, v
Julie Dick
cc:
Roman Gastesi
Connie Cyr
Bob Shillinger
Christine Hurley
Mayte Santamaria
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