Item M5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 19, 2002
Division: Growth Manl\\:ement
Bulk Item: Yes
No
x
Department: N/ A
AGENDA ITEM WORDING: Consideration of signage for Coastal Barrier Resources System Land Use Overlay
District established by Monroe County Ordinance #43-200 I,
ITEM BACKGROUND: Commissioner Williams had placed this item on the Commission's May 15 meeting agenda,
The BOCC postponed the discussion of this item until this meeting,
Prior to the meeting date on May 15, 2002, the Commission and Growth Management Division received a letter from
"The Solar Community of No Name Key", A copy of the letter is included in this agenda package along with the material
provided by Commissioner Williams in her original agenda package (0-5), In this letter, this group explains that special
signs are needed to end the confusion by buyers of properties within these districts regarding possible uses of the
properties. In addition, the group provides two additional suggestions for consideration to help educate potential buyers,
The Growth Management Division believes that potential buyers of properties within the 14 affected Coastal Barrier
Resources System (CBRS) areas should be warned about the restrictions placed upon development and utilities. The staff
believes that special signage is not necessarily the best solution for all these areas, Even if it does not lead to the
proliferation of similar signs that the County may be obligated to install and maintain, signage still relies on potential
property owners actually seeing and understanding these signs. Therefore, the staff would recommend that such signage
be strictly limited to areas where the County or local community specifically believes they may be desirable due to unique
circumstances of geography and access, such as No Name Key, to avoid proliferation of such signs.
However, the staff does strongly recommend implementation of The Solar Community's suggestion that any real estate
transaction regarding properties within the CBRS overlay areas require a written disclosure and a warning statement,
similar to what is requiredfor properties within specialj/ood hazard districts.
The Solar Community also requests that the boundaries of the 14 affected CBRS areas be designated on the County Future
Land Use Map. The Growth Management Division does not believe that such designation would be appropriate on the
Future Land Use Map, since the CBRS overlay zone was created through the Land Development Regulations; however
the staff believes that its designation on the County's zoning maps would be very appropriate and beneficial.
PREVIOUS RELEVANT BOARD ACTION: The BOCC adopted Ordinance 043-2001 on December 19, 2001,
approving land overlay districts for Coastal Barrier Resources System,
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney
N/A
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION:
AGENDA ITEM #:
~
Ma~ 13 02 02:08p
Alicia Putne~
(3051 872-8820
p. 1
The Solar Community of No Name Key
P.O.Drawer430866
Big Pine Key, Florida 33043-0866
CD
May 10, 2002
Re: 05/]5/02 Board of County Commissioners Meeting, Key Largo, FL.
Agenda Item 0-5: Commissioner Williams - Consideration of signage
for Coastal Barrier Resources System land use overlay district as per
Monroe County Ordinance #43-2001"
Dear Mayor McCoy and Fellow Commissioners:
This letter is written on behalf of the members of The Solar Community of
No Name Key. Once again we would like to thank you for making the Coastal
Barrier Resources System land use overlay districts a reality. You will recall
that when you voted unanimously to create these overlays it was in the hope of
ending confusion by buyers of properties within these districts regarding possible
uses of such properties.
The present agenda item, consideration of signage identifying these districts, is
an important step toward this goal, and we fully support it. It would be
particularly appropriate to place a sign on the State Road 4A right-of-way on No
Name Key so visitors to the Key would be informed of the island's federal
designation as a Coastal Barrier Resources System unit.
Currently there are four sign on the south side of the roadway as you enter
No Name Key the second of which is a Monroe County green and white sign
which simply states: "No Name Key." A second sign stating "Coastal Barrier
Resources System Land Use Overlay District CO. ROD. 043-2001" could be
mounted below it on the same post.
In addition to sign age, we have two other suggestions to facilitate public
awareness of the CBS overlay districts:
1. a regulation that disclosure of the CBS overlay district designation be
required in all real estate transactions involving properties within any of these
districts.
2. designation of the boundaries of the CBS overlay districts on the
Monroe County Year 2010 Comprehensive Future Land Use Maps (FLUMs).
These maps already designate tbe boundaries of the "Historic District Overlays"
and it would seem equally relevant for the maps to indicate those of the CBRS
overlays.
Ma~ 13 02 02:08p
Alicia Putne~
(305) 872-8820
p.,=,
Once again, we thank you for your time and commitment to resolving
this issue. This means more than you can imagine to those of us who chose to call
No Name Key home because of its uniqueness and lack of infrastructures. With
your support in the ongoing issue of commercial electricity on No Name Key we
are actually seeing light at the end of the tunnel. A solar light, of course.
sinceErlY /L?
_u:~~
Ms. J annette Gato, Secretary
The Solar Community of No Name Key
Members of the Solar Community of No Name Key by Household:
Atwell, Frank and Kimi; 2137 Bahia Shores Road, No Name Key
Andrews, Paul and Vicky; 1845 No Name Drive, No Name Key
Barber, Rob and Chris; 1934 No Name Drive, No Name Key
Brouillette, Jason; 1843 Bahia Shores Road, No Name Key
Brouillette, Wayne and Christie; 2107 Bahia Shores Road, No Name Key
Daniels, Faye; 20 Spanish Channel Drive, No Name Key
Douville, Hallett and Linda; 32340 Cat Lane, No Name Key
Dry, Larry and Wanda; 1868 No Name Drive, No Name Key
Gato, Jeannette; 1909 Bahia Shores Road, No Name Key
Harlacher, Tony and Liz; 1921 No Name Drive, No Name Key
Lohr, John and Lenore (Bagley); 2024 No Name Drive, No Name Key
Newton, Jim and Ruth; 2047 Bahia Shores Road, No Name Key
Putney, Mick and Alicia; 2150 No Name Drive, No Name Key
Wallace, Wally and Jane (Sprenger); 2035 Bahia Shores Road, No Name Key
Witter, Tom and Susan; 2046 Bahia Shores Road, No Name Key
Wernsen, Hans and Corey (V.d.Linde); 1910 No Name Drive, No Name Key
cc: Mr. Timothy J. McGarry, Director of Growth Management
Attached: Page 5, Minutes of the Monroe County Board of County
Commissioners Regular Meeting, April 19, 2001, Key West, Florida
Ma~ 13 02 02:08p
Alicia Putne::1
(305J 872-8820
p.3
BOLl
1?~ u L tl.N' H ~q... J I:firwks p. 5
A-f1t<.." \ L I q) "L-oB 1 - IC~ ~,FL.
the Horida I>epartment ofComrmmily AffiUrs and providing an efIective date. Mr. McGany
addressed the Board. There was DO poblE input. Motion was made by Col1Dni~ner Spehar
and seconded by CommKtMuer Nelson to adopt the tollowing Orrlina~. Ron caD vote was
taken with the fullowiog results:
ConwtJissioDCl' McCoy Yes
Co~.ocr Nelson Yes
Comm~oer Spehar Yes
Commissioner WiDiams No
Mayor Neugent Yes
Motion carried.
ORDINANCE NO_ 0__1
Said Ordinance is iDoorporated heRin by reference
COMMISSIONERS' ITEMS
The Board discussed the Regional Parle SysteJD. No oflicial action was taken.
The Board also dDcussed approval of an agreaDeDt with the City of Marathon
couc=nmg the Florida Keys Marina and bay bottom at Boot Key Harbor; the Marathon
Community Park.. and the Marathon Yacht Club and bay bottom. These issues were referred to
Commissioner Williams as the Board 1'CpR:SCDfatiye.
Mr. Roberts discussed status of the contract with the City ofMaratbon for eJDelgcncy
medical seniccs and a Rqnest hID the City ofMaratbonror Monroe County to take over their
enfulCc.l.llcut services. COllnNlman Frank Greedw.w, with the City ofMaratbon addressed the
Board.
DIVISION OF GROWfB MANAGEMENT
Karen Cabanas. Assistant County Attorney discussed with the Board approval of a
proposed settlP-mP.qt agn:eo.eut fOr Taxpayers mr the EJech~ of No Name Key, Inc.. et. aI.
v. Monroe County and City Electric System, Case No. 99-8 I 9-CA-l 8 (FJa. 16th Cir. Ct.).
allowing fur the extension of co~",-ial electric service to the existiog lawfully constructed
homes on No Name Key. The iDDowiogiDdividuaJs addressed the Boanl: Franklin D.
Greenman7 Attorney for Taxpayers for Electrificabon of No Name Key; MieIe.Putney, Alicia
Putney, Jeannette Gato,l'epl{..U..l.I;'~ No Name Key Residems Against eo.UIIIlIIEOIcial Power, Cory
Lindy. J_ A Wemseo. Rob Barber, Jane Sprenger WaJIace, Kirk W'1ederecht, Hariy WaDis,
David Eaken, Daryl Miller, and Ruth &lcr.q. n:presenting Taxpa,as fOr Electrification of No
Name Key; PetroneDa Benton. Bob Banlon,.Attomey RicbaJd Grosso, representing Dr. SneD and
Alicia Putney; Lenore Lohr, 101m F_ Lobr, Frank AtwelJ, Karen leaoneret-Dmckman. Tonig
Harlacber, EIi7abeIh HarJacber" Stu Garrison, F8)'e T_ DaoieJs. Walter Keske, Rebecca Jetton.
representing the Departmeut ofCommuoily Af6Drs; and Laay SuDivau. representing the Big
Pine Key Civic Association. After discussion, motion was made by Commissioner ~ and
seconded by Co......;,.......vm:r Spehar to reject the proposed settIement agreemcnl. RoD caD vote
was unanimous.
Co~ioner Nelson excused himselffiom the meeting. Motion was made by
ColDlDissioner Spehar and seconded by Cnm-..:...siooer WiIIBms directing Staft"to bring back to 1-
the Board fOr approval the creation of a zoning overlay dittrict ~tion of off-grid
encompassing aD properties within tile boundaries of No Name Key; and also, to address or
change the other issues that clearly caused confusion today. Ms. Cahan:ls addressed the Board.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wednesday. May 15.2002
Division:
BOCC
Bulk Item: Yes
No XX
Department: Comm. Nora Williams
AGENDA ITEM WORDING: Consideration of signage for Coastal Barrier Resources System
land use overlay district as per M.C. Ordinance #043-2001.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No XX
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR
APPROVAL:
. .
t{~ KJ~~& J
(Nora Williams, Commissioner, Dist. IV)
DOCUMENTATION:
Included
To Follow XX
Not Required _
DISPOSITION:
AGENDA ITEM # ~~
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19,2001
Division:
Growth Management
Bulk Item: Yes
Nol
Department: Planning
AGENDA ITEM WQRDING:
Second of two public hearings to adopt an ordinance amending the Monroe County Land Development
Regulations by adding Section 9.5-258 to establish a new Land Use Overlay District that will prohibit
the extension or expansion of public utilities to units of the Coastal Barrier Resources System.
ITEM BACKGROUND:
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. Policy 102.8.5 of the
Year 2010 Comprehensive Plan states that Monroe County shall initiate efforts to discourage the
extension of facilities and services to CBRS units. On September 26,2001 the Planning Commission
recommended approval of the amendment. The first public hearing was held at the regular BOCC
meeting on November 20,2001.
PREVIOUS REVELANT BOCC ACTION:
At the regular meeting held on Thursday, April 19, 2001 the Growth Management Staff was directed to
create an overlay district to prohibit all properties on No Name Key from being served by public
electricity and resolve issues surrounding the lawsuit brought against the County by Taxpayers for the
Electrification of No Name Key, Inc.
CONTRACT/AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Arty -2L OMB/Purchasing N/ A
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
Timothy J. McGarry, AICP
DOCUMENTATION:
Included ~
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
COASTAL BARRIER RESOURCES SYSTEM
OVERLAY DISTRICT
BOARD OF COUNTY COMMISSIONERS
MARA THON GOVERNMENT CENTER
DECEMBER 19,2001
PROPOSED TEXT AMENDMENT
SECTION 9.5-258 (NEW)
OF THE MONROE COUNTY CODE
THE AMENDMENT PROPOSES TO ESTABLISH A NEW LAND USE
OVERLAY DISTRICT FOR AREAS DESIGNATED AS UNITS OF THE
COASTAL BARRIER RESOURCE SYSTEM ESTABLISHED UNDER
THE COASTAL BARRIER RESOURCES ACT OF 1982 AND THE
COASTAL BARRIER IMPROVEMENT ACT OF 1990. THE EXTENSION
OR EXPANSION OF TRANSMISSION AND/OR COLLECTION LINES
OF THE FOLLOWING TYPES OF PUBLIC UTILITIES SHALL BE
PROHIBITED WITHIN THE NEW OVERLAY DISTRICT: CENTRAL
W ASTEW A TER TREATMENT COLLECTION SYSTEMS, POT ABLE
WATER, ELECTRICITY, TELEPHONE, AND CABLE. THIS
PROHIBITION SHALL NOT PRECLUDE THE MAINTENANCE AND
UPGRADING OF EXISTING PUBLIC UTILITIES AND SHALL NOT
APPLY TO WASTEWATER NUTRIENT REDUCTION CLUSTER
SYSTEMS.
RECOMMENDATIONS
Staff: Approval September 19,2001 Staff Report
DRC: Approval August 14,2001 Resolution #D 18-0 1
PC: Approval September 26, 2001 Resolution #P61-0 1
BOCC: First Hearing November 20,2001 Agenda Item #R3
DRAFT BOCC ORDINANCE
.
BOCC STAFF REPORT
PLANNING COMMISSION RESOLUTION #P61-01
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D18-01
ORDINANCE NO. -2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY
ADDING SEe. 9.5-258; PROVIDING FOR THE SEVERIBILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORA TION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
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 and specifically prohibited the "construction or purchase of any structure,
appurtenance, facility, or related infrastructure" 16 U.S.e. 3504(a)(I) in said areas; and
WHEREAS, 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; 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(3Xb)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, Current Flood Insurance Rate Maps published for the National Flood
Insurance Program by the Federal Emergency Management Agency, indicates there are five
developed residential areas (with five structures or less per acre) and one commercial area that
fall within the CBRS designation; and
WHEREAS, on Thursday, April 19, 2001 the Growth Management Staff was directed by
the Board of County Commissioners to create an overlay district prohibiting the extension of
public utilities to certain areas of the county; and
WHEREAS, the Development Review Committee on August 14, 2001, reviewed the
legal authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meeting held on September 26, 200 I, 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 was presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
Page I of3
Initials
C:\unzipped\CBRSAgendaSummary2\CBRSBOCCOrd.doc
1. The staff report prepared on September 19, 200 I by K. Marlene Conaway, Director,
Planning and Environmental Resources.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
following:
Chapter 9.5, Article VII Division 2 is hereby amended to include the
Sec. 9.5-258. Coastal barrier resources system overlay district.
(a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District 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.
(b) Application: The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a Coastal
Barrier Resources System Unit on current Flood Insurance Rate Maps approved by the Federal
Emergency Management Agency, which are hereby adopted by reference and declared part of
this chapter. Within this overlay district, the transmission and/or collection lines of the following
types of public utilities shall be prohibited from extension or expansion: central wastewater
treatment collection systems; potable water; electricity; and telephone and cable. This prohibition
shall not preclude the maintenance and upgrading of existing public utilities in place on the
effective date of this ordinance and shall not apply to wastewater nutrient reduction cluster
systems.
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.
Page 2 of 3 Initials
C:\unzipped\CBRSAgendaSummary2\CBRSBOCCOrd.doc
Section 4. 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.
Section 5. 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 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2001.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
A TrEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
Page 3 of3
Initials
C:\unzipped\CBRSAgendaSummary2\CBRSBOCCOrd.doc
W:
FROM:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental
Resources
Memorandum
DATE:
RE:
September 19,2001
Coastal Barrier Resources System Overlay District
STAFF REPORT
I. Background
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. In 1990, Congress
passed the Coastal Barrier Improvement Act (CBIA). The CBIA tripled the size of the System
established by the CBRA. 'The CBIA also prohibits the issuance of new Federal flood insurance
within "otherwise protected areas" on buildings constructed after November 16, 1991, unless the
building is used in a manner consistent with the purpose for which the area is protected. By restricting
Federal expenditures and financial assistance which have the effect of encouraging development of
coastal barriers, Congress aimed to minimize the loss of human life, wasteful expenditure of Federal
revenues, and damage to fish, wildlife, and other natural resources associated with coastal barriers
along the Atlantic and Gulf of Mexico coasts. Specifically prohibited under the statute is the
"construction or purchase of any structure, appurtenance, facility, or related infrastructure" 16 U.S.c.
3504(a)(1).
Areas designated as units in the Coastal Barrier Resources System are primarily undeveloped areas
including wetlands, offshore islands, ridge hammock, dunes, and similar ecosystems. These areas are
highly susceptible tidal fluctuation and serve as a buffer for upland areas against severe storm events.
Additionally, units in the CBRS contain a multitude of wildlife and fish habitats. Monroe County has
15 designated units of the CBRS which can be found listed in table 3.21 of the Year 2010
Comprehensive Plan Technical Document and illustrated on the Existing Land Use Maps of the
Comprehensive Plan Map Atlas.
Consistent with the intent behind the CBRA and CBIA, Objective 102.8 of the 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]."
Supporting Objective 102.8 of The Monroe County Year 2010 Comprehensive Plan are Policies
1 02.8.1 through 1 02.8.5, which include: assigning negative points in the ROGa system to
development located in a CBRS unit, the prohibition of constructing new roads on or to units within
the CBRS, and discouraging the extension of public facilities and services. Policy 102.8.5 states:
C:\unzipped\CBRSAgendaSummary2\CBRSStaffieport.docPage I of 3
"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. "
On current Flood Insurance Rate Maps published for the National Flood Insurance Program by the
Federal Emergency Management Agency, there are five developed residential areas (five structures or
less per acre) and one commercial area that fall within the CBRS designation. The developed areas
that are within designated CBRS units are:
1. Tamarino Acres subdivision in northern Key Largo
2. Maderia Village subdivision in northern Key Largo
3. Ocean Reef Shores subdivision in northern Key Largo
4. A parcel zoned SR on the mid-western coast of Big Torch Key
5. All areas of No Name Key except lots on and adjacent to Spanish Channel Drive, Bahia
Shores Road, and No Name Drive.
6. The southwestern-most peninsula in Safe Harbor on Stock Island (zoned MI).
Five of the six developed areas within the CBRS units are currently served by public infrastructure,
including electricity. Only the areas located on No Name Key have neither public water nor electric
service, however telephone service is available.
The Coastal Barrier Resources System Overlay District shall not be applied to Stock Island because
the area within the CBRS Unit on Stock Island contains only marine industrial development and all of
Stock Island is targeted to be served by centralized wastewater treatment services.
D. Methodology and Legal Authority
Policy 102.8.5 of the Year 2010 Plan enables the County to implement methods with which to restrict
the extension of public service facilities to or through CBRS units. Policy 102.8.5 states:
"Upon adoption of the Comprehensive Plan, Monroe County shall initiate cifJorts 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. "
In addition to the above stated policy specifically regarding extension of facilities to CBRS units, the
following Goals, Objectives, and Policies of the Year 2010 Plan support the restriction on the
development of and access to units of the Coastal Barrier Resources System:
· Goal 209 and Objective 209.3;
· Objective 215.2, Policy 215.2.1 and Policy 215.2.3;
· O~iective 1301.7 and Policy 1301.7.12.
The Planning Department proposes the addition of Section 9.5-258 to the Monroe County Land
Development Regulations (LDRs). This section establishes a Use Overlay for areas designated as
CBRS units. This Use Overlay can be placed on any new or existing zoning district as appropriate.
C:\unzipped\CBRSAgendaSummary2\CBRSStaffieportdocPage 2 of 3
III. Proposed Text
Upon further research, minor changes to the staff report and proposed text have been made since
approval by the Development Review Committee. Changes include:
1) Additional background research in the report to further illustrate consistency with the Year
2010 Plan and
2) Further definition of the type of public services to be prohibited by this overlay.
The foDowing new text shaD be added to the Monroe County Land Development Regulations:
9.5-258 Coastal Barrier Resources System Overlay District
(a) Purpose. The purpose of the Coastal Barrier Resources System Overlay District 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.
(b) Application. The Coastal Barrier Resources System Overlay District shall be overlaid on
all areas, except for Stock Island, within federally designated boundaries of a Coastal Barrier
Resources System Unit on current Flood Insurance Rate Maps approved by the Federal Emergency
Management Agency, which are hereby adopted by reference and declared part of this chapter.
Within this overlay district, the transmission and/or collection lines of the following types of public
utilities shall be prohibited from extension or expansion: central wastewater treatment collection
systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the
maintenance and upgrading of existing public utilities in place on the effective date of this ordinance
and shall not apply to wastewater nutrient reduction cluster systems.
C:\unzipped\CBRSAgendaSumrnary2\CBRSStaffreport.docPage 3 of 3
DRC RESOLUTION NO. D18-01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO AMEND THE MONROE COUNTY LAND DEVELOPMENT
REGULA nONS BY THE ADDITION OF SECTION 9.5-258 AND THE
TEXT ADDITIONS TO SECTIONS 9.5-233, 9.5-236, 9.5-238, 9.5-239,
9.5-241, 9.5-242, 9.5-243, 9.5-245, 9.5-246, 9.5-250, 9.5-253 AND 9.5-
254 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO ESTABLISH A LAND USE OVERLA Y
CATEGORY THAT WILL PROHIBIT THE EXTENSION, BUT NOT
MAINTENANCE, OF PUBLIC FACILITIES AND SERVICES
PROVIDED BY THE FLORIDA KEYS AQUEDUCT AUTHORlTY
AND PRlV A TE PROVIDERS OF ELECTRlCITY AND TELEPHONE
SERVICE TO AND THROUGH AREAS DESIGNATED AS UNITS OF
THE COASTAL BARRIER RESOURCES SYSTEM.
WHEREAS, during a regularly scheduled meeting held on August 14,2001, the
Development Review Committee conducted a review and consideration of the request by
the Planning and Environmental Resources Department to amend the land development
regulations by the addition of Section 9.5-258 along with text additions to Sections 9.5-
233,9.5-236,9.5-238,9.5-239,9.5-241,9.5-242, 9.5-243, 9.5-245, 9.5-246, 9.5-250, 9.5-
253 and 9.5-254; and
WHEREAS, the Development Review Committee examined the staff report
prepared by Robert Will, Planner and dated August 13,2001; and
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 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; and
WHEREAS, 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; and
WHEREAS, Objective 102.8 of the 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
Page I of2
Initial
C:\unzipped\CBRSAgendaSummary2\DRCReso#D I 8-0 I .doc
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, 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
WHEREAS, five of the six developed areas within the CBRS units are currently
served by public infrastructure, including electricity; and
WHEREAS, the Development Review Committee finds that the proposed
amendment is consistent with the Goals of the Monroe County Year 2010
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of
fact supports their decision to recommend APPROVAL to the Monroe County Planning
Commission of the text additions to the Monroe County Land Development Regulations
as requested by the Monroe County Planning Department.
PASSED AND ADOPTED By the DeveloJ'ment Review Committee of Monroe
County, Florida at a regular meeting held on the 14 day of August, 2001.
Edward Koconis, AICP, Island Planning Team Director / DRC Chair YES
Fred Gross, Island Planning Team Director (Lower Keys) YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Robert Will, Planner YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Edward Koconis, AICP, DRC Chair
Signed this _ day of
, 2001.
Page 2 of2
Initial
C:\unzipped\CBRSAgendaSummary2\DRCReso#D I 8-0 I .doc
PLANNING COMMISSION RESOLUTION NO. P 61-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY ADDING
SECTION 9.5-258 TO ESTABLISH A NEW LAND USE OVERLAY
DISTRICT THAT WILL PROHIBIT THE EXTENSION OR
EXPANSION OF TRANSMISSION AND/OR COLLECTION LINES
OF THE FOLLOWING TYPES OF PUBLIC UTILITIES WITHIN THE
NEW OVERLA Y DISTRICT: CENTRAL WASTEWATER
TREA TMENT COLLECTION SYSTEMS, POTABLE WATER,
ELECTRICITY, TELEPHONE, AND CABLE. THIS PROHIBITION
SHALL NOT PRECLUDE THE MAINTENANCE AND UPGRADING
OF EXISTING PUBLIC UTILITIES AND SHALL NOT APPLY TO
WASTEWATER NUTRIENT REDUCTION CLUSTER SYSTEMS.
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 and specifically prohibited the "construction or
purchase of any structure, appurtenance, facility, or related infrastructure" 16 U.S.C.
3504(a)(l) in said areas; and
WHEREAS, 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; 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 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, Current Flood Insurance Rate Maps published for the National
Flood Insurance Program by the Federal Emergency Management Agency, indicates
there are five developed residential areas (with five structures or less per acre) and one
commercial area that fall within the CBRS designation; and
WHEREAS, on Thursday, April 19, 2001 the Growth Management Staff was
directed by the Board of County Commissioners to create an overlay district prohibiting
the extension of public utilities to certain areas of the county; and
Page I of3
Initials
C:\unzipped\CBRSAgendaSummary2\PCReso#P6 I -0 I .doc
WHEREAS, the Development Review Committee on August ] 4, 2001 reviewed
the legal authority and the proposed text, and recommended approval of the proposed
text; and
WHEREAS, during a regular meeting held on September 26, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text; and
WHEREAS, The Planning Commission was presented with the following
information, which by reference is hereby incorporated as part of the record of said
hearing:
1. The staff report prepared on September 19, 2001 by Robert Will, Planner.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public;
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
Monroe County, Florida, that the preceding findings of fact support its decision to
recommend APPROV AL to the Board of County Commissioners of the addition to the
text of the Monroe County Land Development Regulations, Section 9.5-258 "Coastal
Barrier Resources System Overlay District" as follows:
9.5-258 Coastal Barrier Resources System Overlay District
(a) Purpose. The purpose of the Coastal Barrier Resources System Overlay
District 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.
(b) Application. The Coastal Barrier Resources System Overlay District shall be
overlaid on all areas, except for Stock Island, within federally designated boundaries of a
Coastal Barrier Resources System Unit on current Flood Insurance Rate Maps approved
by the Federal Emergency Management Agency, which are hereby adopted by reference
and declared part of this chapter. Within this overlay district, the transmission and/or
collection lines of the following types of public utilities shall be prohibited from
extension or expansion: central wastewater treatment collection systems; potable water;
electricity; and telephone and cable. This prohibition shall not preclude the maintenance
and upgrading of existing public utilities in place on the effective date of this ordinance
and shall not apply to wastewater nutrient reduction cluster systems.
Page 2 of3
Initials
C:\unzipped\CBRSAgendaSummary2\PCReso#P6 I -0 I .doc
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 26th day of September 2001.
Chair David Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
absent
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of , 2001
Page 3 of 3 Initials
C:\unzipped\CBRSAgendaSummary2\PCReso#P6 I -0 I.doc
B tJ c'l
~
~~1I La...v- ~~~, B'irvv~ Pi 5
A-P~lL 1'1) :L081 -IC~ ~,FL..
the Florida DepaItmeut ofCotmumity Afiairs and providing an.eftecti\te date. Mr. McGany
addressed the Board. There was DO public input. Motion was made by Comm~~ioner Spehar
and seconded by Colih"~Der Nelson to adopt the fOllowing Ordinan~" RoD can vote was
taken with the following results:
CoDDDissioocr McCoy Yes
Commimo.n<< Nelson Yes
Commissioner 8pebar Yes
Convnic.oioner Wiliams No
Mayor Neugent Yes
Motion carried.
ORDINANCE NO. OZO-Ml
Said Ordinance is incorporated herein by reference
COMMISSIONERS' ITEMS
The Board ~\1Sed the.Rr.gional ParkS}'Stem..Noofticial action was taken.
The Board also discussed approval of an agreaDe4t with the City of Marathon
concerning the Florida Ke)'S Mariua and bay bottom at Boot Key Harbor; the Marathon
Community Park, and the Mar.llfl1on Yacht Club and bay bottom. These issues were referred to
Commissioner Williams as the Board representative.
Mr. Roberts discussed status of tile contract with the City ofMaratbon foremetgcncy
medical sen1c:cs and a request from the City OfMarathDn fur Monroe Cowty tOo take over their
enforcement services. Councilman Fnmk G!eehlllan, with the City of Marathon addressed the
Board.
DMSlON OF GROWTH MANAGEMENT
Karen Ca~ Assistant County Attomey d~ssed with the Board approval Df a
proposed settlement agreemem fur Taxpayers mr the E~hi&;ation ofND Name Key, Inc., et. al
v. Monroe County and City Electric System, Case No. 99-819-CA-I8 (FIa 16th Cir. Ct.).
allowing fur the extension of cO.u:llu.acial e1ectric service tOo the existing lawfully constructed
homes Dn No Name Key. The 1bllowingiDdividuaJs addressed the Board: Franklin. D.
Greenman, Attomcy fur Taxpayers fur Electrification of No Name Key; Mick Putney, Alicia
Putney. Jeannette Gato, repn:senting ND Name .Kcy Residcots Against Commen::j;d PDWer; Cory
Lindy, J. A. Wemsen, Rob Barbee, Jane Sprenger WaDace. Kirk Wiederecht, Harry Wallis.
David Eaken. Daryl Miller, and Ruth Eaken. rqJresentiog Taxpayers for Eledrification of No
Name Key; Petronella Benton, Bob Banton, AttOrney Ridwd GroSSD, representing Dr. Snell and
Alicia Putney; Lenore Lohr. JDIm F, Lohr, Frank Atwell. Karen Jcanneret-Druckman, TDnig
Harlacher, Elizabeth Hadacher, 8m Garrison, Faye T_ DaoieJs, Walter Keske, Rebecca JettDn,
representing the I>epartmem ofCommlltVty A:ffi1irs; and Larry Sullivan, representing the Big
Pine Key C.iYic Association.. After discussion, motion was made by Coma.ui-io.oer Williams and
seconded by CDmmissioner Speba:r tOo reject the proposed settlement agreement. Roll call vDte
was unanimous.
Commissioner Nelson excused himself Jiom the meeting. MDtion was made by
CDlIDDissioner Spehar and seconded by Commissioner Williams directing Staff to bring back to ~
the Board for approval the creation of a zoning overlay district designation of o1f-grid
encompassing all properties within the boundaries DfNo Name Key; and alsD. to address or
change the other issues that clearly caused confusion today. Ms. Cabanas addressed the Board.
2'd
0288-2l.8 ISOEJ
~au~nd e p:q 11:;/
d02:21 20 20 ~ew
65/62/2002 BS: 34 ~-2e9-253G~-l\,~1.?f~. ~~~~':l;'~>"'-""'~ .__... '.
i""~:Jr;<~';~",~j~"\,,~,,,"~~1;:i',:;yc:,"'i"'" , " ' '
PAGE 02
'..- ,- " ---..... . . -~,-; ~.;:
. .' i':~~:~:;'/~~d::~'..;::~ '"
. . .j", ~. .....
TO:
FROM:
.. .
.. .
GnlWth MaqememStalf
. Colleen 0antIu=r, B.xecutive AS~
Growth Maaagemem Division --U .........
DAlE: .
RE:
March.2O,2002
Fml Onler from DCA
We have received lhe Final Order from DCA approving 1M followiDg OrdiDaDcc:
Ordia:mce M3-2011 .'
Approvalof aJhIeIKliDg the MODroe Coumy COde by ad4iD& Section 95-.258, establisbing a new .
Land Use Overlay Discricttbat will prohibit 1be exb:nSion or expausion of public utilities to.
units of the coaStal Barrier Resources System. . .
-, .....
Public." .. III~ .FltnidtJ Aibni1Jimuti.e 11',,1''': 2/22JD2
EFFECTIVE DAZE: 3/15/02
If you bave any qul:stiom please comaet me at ex!. 2S 17.
leg
cc: Timothy 1. .~cGarry. A1CP, Dirc:cIor 0( Growth Managemenr
Growth Ma:18gerD.cnl Depariment Hcads
..4
E.d
0288-cn8 (SOE)
hau~nd e ~:)1 I l:l
d02:21 20 20 hew
e5/62/2002 ea:34
305-289-2536
f't..AIIHING DEPT PAGE Db
r./+. W. : "'7~"~
Efleb'ivt.: NI'10l
DCA Final Order No.: DCA02-0R-032
STATE OF FLORIDA
DEPAR.TMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIOl'!S ADOPTED BY
MONROE C01JNfY ORDINANCE NO. 043-2001
FINAL ORDER
The Dcpanmer.t of Community Affairs (the "Department") hereby issues its Final Order.
pursuant to 9~ 380.05(5) and (II), Fla. SIal., and ~ 380.0552(9), Fla. Slat. (2001), approving
Monroe County Ordinance No. 043-2001 as set foJ1b below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern. and
Momoe County is a Jo:aJ government within the Florida Keys Area.
2. On January 28,2002, the Depanment received for review MOnrQc County Ordinance
No. 043-2001 which was adopted by the Monroe County Board of County Commissioners on
December 19. 2001 ("Ord. 043-2001 "). Ord. 043-2001 establishes a Land Use Overlay District
that wilt prohibit the ~(tension or expansion of public utilities to units of the Coastal Barrier
Resources System.
3. Ord. 043-2(\01 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LA W
4. The Department is required to approve or reject land development regulations that are
enacted. amended or T1:scindc:d by any local government in the Florida Keys Area of Cntica)
State Concern. ~~ 38(1.05(6) and (11). Fla. Slat., and ~ 380.0552(9), Fla. Stat. (2001).
~.d
02B8-2L8 (!:iOE)
~au~nd e~:l~tl:::l
d02:21 20 20 ~ew
05/02/2002 06:34
305-28'3-253&
PLANNING DEFT
PAGE 07
5. Monroe COUDty is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-S), Fla.
Admin. Code.
6. .'Land development regulations" includeloca1zoning. -subdivision, building and other
r<>~'ll:\1i()m ("ontr('ll1iny the nl:'vl"lnnnll".I1' I"Q:l'1r f ~~O.O~H8t FTn Stm. (2001" ThE' TE'~nl:1t;om:
adopted by Ord. 043-2001 are land development regulations.
7. Altland del'elopment regulations enacted, amended ofl'Cscinded within an area of
critical state concern nlust be consistent with the Principles: for Guiding Development (the
"Principles"). 9380.0552(7), Fla. Sldt.; see Rathlcamp v. Department of Community A.ffairs. 21
F.A.L.R. 1902 (Dec. 4.1998), afTd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from tbe other
provisions. ~ 380.0552(7), Fla. SUIt. (2001).
8. Ord. 043-2(101 promotes and furthers the following Principles in ~ 380.0552(7):
(a> To strengthen local govcnunent capabilities for managing land use and
development so tbat local government is able to achieve these objectives without
tbe con linuation of the area of critical state concern designation.
(b) To protect shoreline and marine resources including
mangrc Yes, coral reef formations. seagrass beds. wetlands, fish and
wildli ft:, and their habitat.
(e) To )lI'otec:l upland resources, tropical biological communities,
fi'eshw;Lter wetlands. native tropical vegetation, (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife:, and their habitat.
(d) To 'lnsure the maximum well-being oftbe Florida Keys and jts
citizen~; through sound ec.onomic development.
2
S.d
0288-2L.8 (SO€J
hau~nd e ~ 0 111::1
d12:21 20 20 hew
05/B2/2002 88:34
JBS-289-253f>
PLANNING DEPT
PAGE 0e
(I) To pJotec:t the public bealth, safety, and welfare oftbe citiz.ens
of the F. orida Keys and maintain the Florida Keys as a unique
Florida .'esource.
9. Orc!.043-20)} is not inconsistent with the remaining Principles. Ord.043-2001 is
consistent with the Principles for Guiding Development as ~ whole.
WliEREFO'Rf: IT 1~ 0PDERED Ih;'\1 Orl" n.1:<'nny i~ fnllnrl If' hf' ron~i~ten' W;\" ,hr
Principles for Guiding Development of the Florida Keys Area of Critical Sta'e Concern, and is
hereby APPROVED.
This Order bcc.nncs effective 21 days after publication in the Florida Administrative
Weckly unless a petitic,n is filed as described below.
DONE MOO ORDERED in Tallahassee,
ONNY T MERMAN, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRA nVE .RJGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE O}1}J()Rn.JNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569. FLORIDA STAnrrES, REGARDING TIlE ENCY'S
ACTION. DEPENDH-IG UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING
IF YOUR pETtTION FOR HEARlNG DOES ~ AllEGE ANY DISPUTED ISSUE
OF MATERIAL FACr CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TIVE ])ROCEEDING WILL BE AN INFORMAL ONE. CONDUCTED
PURSUANT TO SECnONS J20.569 AND 120.57(2) FLORIDA STATUTES, AND
3
S.d
02BB-21.B (SOEJ
~au~nd elo~ll:::1
d12:21 20 20 ~ew