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Item P1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17,2008 Division: Growth Management Bulk Item: Yes - No ~ Department:Planning & Environmental Resources Staff Contact: Andrew O. Trivette AGENDA ITEM WORDING: A public hearing to consider an ordinance amending the Monroe County Land Development Regulations Sec. 9.5-258 to allow the provision of Central Wastewater service and support utilities to developed properties located within the Coastal Barrier Resources System. ITEM BACKGROUND: On July 22, 2008, the Development Review Committee reviewed the proposed text amendment and recommended approval. The Planning Commission met on July 23, 2008 and heard the proposed amendment at a public hearing. The Planning Commission duly considered public comments and staff report, and passed a resolution (P29-08) to the BOCC recommending adoption. PREVIOUS RELEVANT BOCC ACTION: June 18,2008 - BOCC Resolution 179-2008 removing a portion of the CBRS. CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year - APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management _ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 ORDINANCE NO. -2008 AN ORDINANCE AMENDrNG SEC 9.5-258 OF THE MONROE COUNTY CODE TO ALLOW THE PROVISION OF CENTRAL W ASTEW A TER SERVICE AND SUPPORT UTILITIES TO DEVELOPED PROPERTIES LOCA TED WITHIN THE COASTAL BARRIER RESOURCES SYSTEM; PROVIDING FOR SEVERABILITY: PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY CODE; AND DIRECTrNG 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 (SEE 16 U.S.C 3504(a)(1)); and WHEREAS, Monroe County has 22 designated units of the CBRS identified by the U.S. Fish an Wildlife Service; 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 WHEREAS, Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan states: "Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone services to CBRS units"; and WHEREAS, on December 18, 2001, the Board of County Commissioners adopted Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code which established a Coastal Barrier Resources System Overlay District, the purpose of which is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands designated as a unit of the Coastal Barrier Resources System; and WHEREAS, pursuant to Chapter 99-395, Laws of Florida, Monroe County has been mandated by the State of Florida to provide a centralized sewer system by 20 I 0 as a means of improving near shore water quality within the Florida Key; and WHEREAS, on June 18, 2008, the Growth Management Staff was directed by the Board of County Commissioners to amend the comprehensive plan and land development regulations to reword the prohibition on utilities such that the focus and priority be placed on wastewater first and any discussion of electric or any other utility, other than those required to efficiently support a central wastewater collection system, be deferred until the wastewater goal is accomplished: and . Page I of 3 Initials ------ W GROWTH MANAGEMENT BOCC GMD Agenda /terns 2001\0917 CBRS LDR Amend Draft Wastewater Ordinance - LOR (Amended),doc WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County Planning Commission conducted a public hearing on the proposed text, and recommended approval of the proposed text; and WHEREAS, the Monroe County Board of County Commissioners held a public hearing on the proposed amendments to the Monroe County Code submitted by the Monroe County Plaruling Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the Monroe County Code be approved, adopted and sent to the state land planning agency for approval; NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Chapter 9.5, Article VII Division 2 is hereby amended as follows: Sec. 9.5-258. Coastal barrier resources system overlay district (a) Pwpose: 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 tl::ough lands designated as an undeveloped unit of the Coastal Ban'ier Resources System. (b) Application: The Coastal Barrier Resources System Overlay District shall be overlaid on all undeveloped 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 to undeveloped properties located within a CBRS Unit: central wastewater treatment collection systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the provision of those utilities required to provide central sanitary wastewater collection and treatment nor 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. Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to detem1ine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance, Page 2 of3 Initials - P:\Word\Growth Management\Ordinances\CBRS LDR and Comp Plan\Draft Wastewater Ordinance - LDR (Amended) (2).doc Section 6. The Director of GrO\vth Management is hereby directed to forward a copy of this ordinance to the Municipal Code Corporation for the incOlporation into 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 17th day of September, A.D., 2008. Mayor Mario DiGelUlaro Mayor Pro Tem Charles "Sonny McCoy Conunissioner Sylvia Murphy Commissioner George Neugent COlmnissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario DiGennaro (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY AP;ROVED A~ ~. GR LEY ASSISTANT COUNTY ATTORNEY Date: ~;I_ c::z I :LCJO?" Page 3 of 3 Initials __ P:\Word\Growth Management\Ordinances\CBRS LOR and Camp Plan\Draft Wastewater Ordinance - LOR (Amended) (2).doc ~".-l~;----. Iff_-;; _, , ..-.. , (~V~:f;\ ~:t, ',~ ..;;:; ~J l \<,:.. ::___. __~ ;::, ,_~/:..ii ;,,~~ <-....__,~.. '04 l"--,,- . '/,., 1 ~\1't~:,:,~;;.\t_:~:;S ~;:f:i 2 MEMORANDUM 3 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 4 We strive to be caring, professional and fair 5 6 To: Monroe County Board of County Commission 7 8 From: Mitch Harvey, Comprehensive Plan Manager 9 10 Through: Townsley Schwab, Acting Director of Planning & Environmental Resources 11 12 Date: August 29, 2008 13 14 Subject: Requestfor an Amendment to Section 9.5-258(b) of the Monroe County Code 15 16 Meeting: September 17,2008 17 18 I REQUEST 19 20 In response to direction by the Board of County Commissioner on June 18,2008, the Growth 21 Management Division is requesting to amend the Monroe County Code to allow the 22 provision of wastewater service to properties located within the Coastal Barrier Resources 23 System Overlay together with the provision of those utilities required to provide sanitary 24 wastewater collection and treatment. This will give Monroe County the ability to more 25 closely comply with the State requirement to provide centralized sewer services throughout 26 the Florida Keys by July 1,2010. 27 28 Chapter 9.5, Article VII Division 2 is proposed to be amended as tollows: 29 30 Sec. 9.5-258. Coastal barrier resources system overlay district. 31 32 a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District is to 33 implement the policies of the comprehensive plan by prohibiting the extension and 34 expansion of specific types of public utilities to or through lands designated as an 35 undeveloped unit of the Coastal Barrier Resources System. 36 37 b) Application: The Coastal Barrier Resources System Overlay District shall be overlaid 38 on all undeveloped areas, except for Stock Island, within federally designated boundaries of 39 a Coastal Barrier Resources System Unit on current Flood Insurance Rate Maps approved by 40 the Federal Emergency Management Agency, which are hereby adopted by reference and 41 declared part of this chapter. Within this overlay district, the transmission and/or collection 42 lines of the following types of public utilities shall be prohibited from extension or 43 expansion to undeveloped properties located within a CBRS Unit: central wastewater 44 treatment collection systems; potable water; electricity; and telephone and cable. This Page I of 8 Reviewed by________ C: Documents and Settings\tezanos-mayraLocal Settings\lemporary Internet Fi IesOLK 13 B\W astewater LDR - BOCC Staff Report.doc 1 prohibition shall not preclude the provision of those utilities required to provide central 2 sanitary wastewater collection and treatment nor the maintenance and upgrading of existing 3 public utilities in place on the effective date of this ordinance and shall not apply to 4 wastewater nutrient reduction cluster systems. 5 6 II PROCESS 7 8 In accordance with the provisions set forth in Sec. 9.5-511 of the Monroe County Code 9 (MCC), amendments may be proposed by the Board of County Commissioners (BOCC), the 10 Planning Commission, the Director of Planning, or the owner or other person having a 11 contractual interest in property to be affected by a proposed amendment. The Director of 12 Planning shall review and process the text and map amendment applications as they are 13 received and pass them on to the Development Review Committee and the Planning 14 Commission for recommendation and final approval by the BOCC. 15 16 The Planning Commission and the BOCC shall each hold at least one public hearing on a 17 proposed amendment to the text or to the land use district map. The Planning Commission 18 shall review the application, the reports and recommendations of the Department of Planning 19 & Environmental Resources and the Development Review Committee, and the testimony 20 given at the public hearing, and shall submit its recommendations and findings to the BOCC. 21 The BOCC shall consider the report and recommendation of and the testimony given at the 22 public hearings and may either adopt or not adopt an ordinance approving the proposed 23 amendment. Ordinances are then reviewed by the Florida Department of Community 24 Affairs. 25 26 III RELEV ANT PRIOR COUNTY ACTIONS 27 28 June 2000 - BOCC approved the Monroe County Wastewater Management Plan; 29 December 19,2001 BOCC approved Ordinance 043-2001 amending the Monroe County Land 30 Development Regulations to include Section 9.5-258, thereby establishing the Coastal Barrier 31 Resources System Overlay; 32 April 16, 2008 - BOCC approved the expansion of the Sumerland/Cudjoe/Sugarloaf Regional 33 Wastewater System to cover design for Big Pine Key and Lower SugarloafKey; 34 May 21, 2008 - BOCC approved central sanitary wastewater service to the property owners of 35 No Name Key through inclusion of the area in the Lower Keys Regional Service Area 36 wastewater treatment and collection system. 37 June 18, 2008 - BOCC discussed an item to direct staff to amend Section 9.5-258 Coastal 38 Barrier Resources System Overlay District of the Monroe County Code to eliminate the 39 prohibition of the establishment of central wastewater treatment collection systems and utilities 40 for no Name Key. Following public discussion, the BOCC approved a motion that the 41 prohibition of utilities is reworded such that the focus and priority be placed on wastewater first 42 and any discussion of electric or any other utility is deferred until the wastewater goal is 43 accomplished. The Board directed staff to amend the Land Development Regulations and the 44 Comprehensive Plan. Page 2 of 8 Reviewed by ~___m C:'Documents and Settings'tezanos-mayra\Local Settings\Temporary Internet FilesOLK I3B' Wastewater LDR - BOCC Staff Report,doc 1 June 18, 2008 - BOCC approved a resolution to remove the developed residential area the 2 unrecorded plat on the east end of No Name Key, otherwise originally known as "Islands End" 3 from the Coastal Barrier Resource System. 4 July 22, 2008 - Development Review Committee held a meeting, received comments from the 5 public, and recommended approval to the Planning Commission. 6 July 23, 2008 - The Monroe County Planning Commission held a public hearing, received 7 comments from the public, and recommended approval to the BOCC. 8 9 IV REVIEW OF APPLICATION 10 I 1 A. Consistency of the proposed amendment with the provisions and intent of the Monroe 12 County Year 20]0 Comprehensive Plan: 13 14 Existing Policy 102.8.5 discourages the extension of utilities within the Coastal Barrier 15 Resources System Overlay District. The proposed amendment to the Monroe County 16 Land Development Regulations clarifies the intent of Monroe County to provide 17 centralized wastewater service throughout the unincorporated area by July 1, 2010 as 18 mandated by the Chapter 99-395, Laws of Florida. An amendment to Policy 102.8.5 is 19 being considered concurrently with the proposed amendment to the land development 20 regulations. 21 22 23 B. Consistency of the proposed amendment with the provisions and intent o.fChapter 9.5 of 24 the Monroe County, Land Development Regulations: 25 26 In accordance with MCC Sec. 9.5-511(d)(5)b., the BOCC may consider the adoption of 27 an ordinance enacting the proposed change based on one (1) or more of the following 28 factors: 29 30 1. Changed projections (e.g., regarding public service needs) from those on which the 31 text or boundary was based: 32 33 None. 34 35 ii. Changed assumptions (e.g., regarding demographic trends): 36 37 None. 38 39 iii. Data errors, including errors in mapping, vegetative types and natural features 40 described in Volume I of the Monroe County Year 2010 Comprehensive Plan: 41 42 None. 43 44 iv. New issues; 45 Page 3 of 8 Reviewed bYmm__~ C:\Documents and Scttings\tezanos-mayra' Local Scttings\Tcmporary Internet Files\OLKI3B\Wastewatcr LDR - BOCC Staff Report.doc I In order to improve near shore water quality, the State of Florida requires the 2 provision of centralized wastewater service to eliminate sewage disposal surface 3 water discharges within Monroe County by the July 1, 2010 (Chapter 99-395, Section 4 6, Laws of Florida). On June 18, 2008, the BOCC directed staff to amend the 5 Comprehensive Plan and Land Development Regulations to allow wastewater service 6 within the Coastal Barrier Resources System Overlay District. An amendment to 7 Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is concurrently 8 being considered to allow wastewater service within the Coastal Barrier Resources 9 System Overlay District, together with the provision of those utilities required to 10 provide sanitary wastewater collection and treatment. Provision of wastewater service 1 I within the coastal areas of Monroe County will further the mandate of the State to 12 improve near shore water quality through the elimination of sewage disposal surface 13 water discharges. 14 15 v. Recognition of a need for additional detail or comprehensiveness: 16 17 The proposed amendment clarifies Monroe County's intent to be a better steward of 18 the natural environment by providing centralized wastewater service within Monroe 19 County, which includes areas within the Coastal Barrier Resources System Overlay 20 District. 21 22 vi. Data updates: . 23 24 None. 25 26 C. Consistency with the Principles jor Guiding Development in the Florida Keys Area of 27 Critical State Concern: 28 29 All land development regulations enacted, amended or rescinded within a area of critical 30 state concern must be consistent with the Principles for Guiding Development, Section 31 380.0552(7), Florida Statutes. The proposed GOP amendment promotes and furthers the 32 following Principles in Section 380.0552(7): 33 34 1. To strengthen local government capabilities for managing land use and 35 development so that local government IS able to achieve these 36 objectives without the continuation of the area of critical state concern 37 designation. 38 39 The proposed amendment strengthens Monroe County's ability to 40 provide centralized wastewater service to existing and future land uses 41 within the unincorporated area. Growth controls presently in place, such 42 as the Residential Rate of Growth Ordinance (ROGO) and Non- 43 residential Rate of Growth Ordinance (NROGO), effectively moderates 44 how much new development will occur within Monroe County. 45 Page 4 of8 Reviewed by_____ C:\Oocuments and Settings'tczanos-mayraLocal Settings\T cmporary Internet FilcsOLK 13 B\ Wastewater LOR - BOCC Staff Report.doc I One focus of the Area of Critical State Concern program was 2 environmental protection. The associated ACSC work program 3 supports the efforts by Monroe County to improve near shore water 4 quality by developing and implementing centralized wastewater and 5 storm water management plans. 6 7 11. To protect shoreline and marine resources including mangroves, coral 8 reef formations, seagrass beds, wetlands, fish and wildlife, and their 9 habitat. 10 11 The provision of centralized wastewater service will improve near shore 12 water quality, enhancing the Florida Key's unique shoreline marine 13 habitats which include mangroves, coral reefs, and seagrass beds, 14 15 11I. To ensure the maximum well-being of the Florida Keys and its citizens 16 through sound economic development. 17 18 Centralized wastewater service is an essential component of residential 19 and nonresidential development, reducing the incidence of near shore 20 water pollution that affects the well-being of both Florida Keys citizens 21 and its tourist visitors who are an essential supporter of the local 22 economy. Eco- Tourism has long been an economic driver within 23 Monroe County and the Florida Keys. Maintaining the health of near 24 shore habitat is consequently a high priority to the Florida Keys and its 25 citizens. 26 27 IV. To limit the adverse impacts of development on the quality of water 28 throughout the Florida Keys. 29 30 The provision of centralized wastewater service will improve near shore 31 water quality through the elimination of septic hot spots and the use of 32 uncontrolled individual septic systems whose contaminants leach into 33 the adjacent near shore waters. 34 35 v. To protect the value, efficiency, cost-effectiveness, and amortized life 36 of existing and proposed major public investments, including sewage 37 collection and disposal facilities. 38 39 The proposed amendment will give the Florida Keys Aqueduct 40 Authority the ability to design, construct, and maintain centralized 41 wastewater service throughout the Monroe County unincorporated area. 42 Economies of scale are extremely important to public utilities in our 43 current budgetary environment. Limitations on the expansion of 44 wastewater services are prohibiting economies of scale. Allowing 45 additional users to access the proposed centralized wastewater system Page 5 of 8 Reviewed by ~_m C:Documcnts and Scttings\tezanos-mayra\Local Scttings\Temporary Internet Files'OLK 13B\ Wastewater LDR - BaCC Staff ReporuJoc I will promote lower user fees. The present Coastal Barrier Resource 2 System Overlay District limits our ability to do this. 3 4 VI. To protect the public health, safety, and welfare of the citizens of the 5 Florida Keys and maintain the Florida Keys as a unique Florida 6 Resource. 7 8 The maintenance of near shore water quality is an essential element of 9 the Florida Keys. Pollution of the Keys' aquatic habitat can result in the 10 permanent degradation and destruction of the Florida Keys' unique 11 marine resources. Near shore water pollution has resulted in the 12 periodic closing of public beaches and promotes algae growth that 13 destroys coral reefs that are unique to the Florida Keys. Implementation 14 of a County-wide centralized wastewater system will significantly 15 reduce the level of near shore pollution resulting from individual septic 16 systems through protecting public health, safety and welfare as well as 17 our most important resource. 18 19 D. Impact on Community Character: 20 21 The proposed amendment will allow existing and future land uses located within Coastal 22 Barrier Resources System Overlay the potential of being served by centralized 23 wastewater service, to promote, improve and protect near shore water quality. Monroe 24 County presently maintains several unique land use controls, such as the Tier System, 25 Rate of Growth Ordinance (ROGO), Nonresidential Rate of Growth Ordinance 26 (NROGO), and the Incidental Take Permit (ITP, 6/9/96). It is anticipated that the 27 proposed amendment will not affect the rate of new growth in Monroe County. However, 28 the proposed amendment will insure that as growth proceeds within the context of these 29 regulations, centralized wastewater service will be available concurrent with the impact 30 of existing land uses and new development. No changes in land use density, intensity or 31 community character is anticipated as a result of the proposed amendment. This 32 amendment will result in the enhancement of near shore water quality, which will in turn 33 promote a more sustainable shoreline and near shore aquatic environment. 34 35 V FINDINGS OF FACT 36 37 1. The Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal Barrier 38 Resources System (CBRS) to restrict the federally subsidized development of coastal barrier 39 areas and specifically prohibited the "construction or purchase of any structure, 40 appurtenance, facility, or related infrastructure" 16 U.S.c. 3504(a)(1) in said areas. 41 42 2. Monroe County has 15 designated units of the CBRS which can be found listed in Table 43 3.21 of the Monroe County Year 2010 Comprehensive Plan Technical Document and 44 illustrated on the Existing Land Use Maps of the Comprehensive Plan Map Atlas. 45 Page 6 of 8 Reviewed by_____ C:\Oocuments and Settings'tczanos-mayra\Local Settings\Temporary Internet Files'OLK 13B\Wastcwater LOR - BOCC Staff Report.doc 1 3. Objective 102.8 of the Monroe County Year 2010 Comprehensive Plan states: "Monroe 2 County shall take actions to discourage private development in areas designated as units of 3 the Coastal Barrier Resources System. 4 5 4. Policy 102.8.5 of Monroe County Year 2010 Comprehensive Plan states: "Upon adoption 6 of the Comprehensive Plan, Monroe County shall initiate efforts to discourage the extension 7 of facilities and services provided by the Florida Keys Aqueduct Authority and private 8 providers of electricity and telephone services to CBRS units". 9 10 5. Current Flood Insurance Rate Maps published for the National Flood Insurance Program 11 by the Federal Emergency Management Agency, indicate there are five developed residential 12 areas (with fIve structures or less per acre) and one commercial area that fall within the 13 CBRS designation; and 14 15 6. On December 18, 200 I, the Board of County Commissioners adopted Ordinance No. 043- 16 2001, creating Section 9.5-258 of the Monroe County Code which established a Coastal 17 Barrier Resources System Overlay District, the purpose of which is to implement the policies 18 of the comprehensive plan by prohibiting the extension and expansion of specific types of 19 public utilities to or through lands designated as a unit of the Coaster Barrier Resources 20 System. 21 22 7. Pursuant to Chapter 99-395, Laws of Florida, Monroe County has been mandated by the 23 State of Florida to provide a centralized sewer system by July 1, 2010 as a means of 24 improving near shore water quality within the Florida Keys. 25 26 8. On June 18, 2008, the Growth Management Staff was directed by the Board of County 27 Commissioners to amend the comprehensive plan and land development regulations to 28 reword the prohibition on utilities such that the focus and priority be placed on wastewater 29 first and any discussion of electric or any other utility be deferred until the wastewater goal is 30 accomplished. 31 32 VI CONCLUSIONS OF LAW 33 1. The proposed amendment will not affect the existing or future land use character of 34 Monroe County. 35 36 2. The proposed amendment IS inconsistent with the Monroe County Year 2010 37 Comprehensive Plan. Amendments to the Comprehensive Plan are being considered 38 concurrently. 39 40 3. The proposed amendment will allow a more comprehensive implementation of a 41 centralized wastewater service system throughout the unincorporated area of Monroe 42 County as required by Chapter 99-395, Laws of Florida. 43 44 VII RECOMMENDATION 45 46 Staff recommends approval. Page 7 of 8 Reviewed by __ C:Documents and Settingstezanos-mayra'Local SdtingsT emporary Internet Filcs\OLK 13B\Wastewater LDR - BOCC Staff Report. doc 1 2 VIII A TT ACHMENTS 3 4 1. Citizen Comment Letter Dated 7/7/08 from Alicia Roemmele-Putney 5 2. Monroe County Code and Comprehensive Plan Citation 6 3. Ordinance No. 43-2001 7 4. Coastal Barrier Resources Act 8 5. Coastal Barrier Resources Act Reauthorization 9 6. Chapter 99-395, Laws of Florida 10 7. Resolution No. 179-2008 11 8. CBRS No Name Key Unit FL-50 Map 12 13 14 Page 8 of 8 Reviewed by__. C:Documents and Settings\tei'.anos-mayra'.Local Settings\T emporary Internet Files\OLK 13 B'W astewater LDR - BOCC Staff Report.doc . , PLANNING COMMISSION RESOLUTION NO. P29-08 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 AMENDING SECTION 9.5-258 TO ALLOW THE PROVISION OF CENTRAL W ASTEW A TER SERVICE TO DEVELOPED PROPERTIES LOCATED WITHIN THE COASTAL BARRIER RESOURCES SYSTEM WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the Coastal Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal barrier areas [16 U.S.C. 3504(a)(I)]; and WHEREAS, Monroe County has 22 designated units of the CBRS identified by the U.S. Fish an Wildlife Service; 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 WHEREAS, Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan states: "Upon adoption of the Comprehensive Plan, Monroe County shall initiate efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone services to CBRS units"; and WHEREAS, on December 18, 2001, the Board of County Commissioners adopted Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code which established a Coastal Barrier Resources System Overlay District, the purpose of which is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands designated as a unit of the Coastal Barrier Resources System; and WHEREAS, pursuant to Chapter 99-395, Laws of Florida, Monroe County has been mandated by the State of Florida to provide a centralized sewer system by 2010 as a means of improving near shore water quality within the Florida Key; and WHEREAS, on June 18, 2008, the Growth Management Staff was directed by the Board of County Commissioners to amend the comprehensive plan and land development regulations to reword the prohibition on utilities such that the focus and priority be placed on wastewater first and any discussion of electric or any other utility, Page I of 3 Initials ---,~-- W:\Planning\Working Folders\Harvey-Mitch\Wastewater\Draft Wastewater LDR - PC Reso (Amended).doc . . other than those required to efficiently support a central wastewater collection system, be deferred until the wastewater goal is accomplished; and WHEREAS, the Development Review Committee on July 22, 2008 reviewed the legal authority and the proposed text; and WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County Planning Commission conducted a public hearing on the proposed text, and recommended approval of the proposed text; and 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 amendment to the text of the Monroe County Land Development Regulations, Section 9.5-258 "Coastal Barrier Resources System Overlay District" as follows: 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 an undeveloped unit of the Coastal Barrier Resources System. (b) Application: The Coastal Barrier Resources System Overlay District shall be overlaid on all undeveloped 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 to undeveloped properties located within a CBRS Unit: central wastewater treatment collection systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the provision of those utilities required to provide central sanitary wastewater collection and treatment nor 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. PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 23rd day of July 2008. Chair Wall Yes Vice-Chair Cameron Yes Commissioner Hale Yes Commissioner Marston Yes Commissioner Windle Yes Page 2 of3 Initials -~--~~ W:Planning\Working Folders\Harvey-Mitch\Wastewater'Draft Wastewater LDR - PC Reso (Amended).doc . . PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Randolph D. Wall, Chair Page 3 of3 Initials -----~--- W:Planning\Working Folders\Harvey-Mitch\WastewaterIDraft Wastewater LDR - PC Reso (Amended).doc • WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County Planning Commission conducted a public hearing on the proposed text, and recommended approval of the proposed text; and WHEREAS, the Monroe County Board of County Commissioners held a public hearing on the proposed amendments to the Monroe County Code submitted by 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 Monroe County Code be approved, adopted and sent to the state land planning agency for approval; NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. Chapter 9.5, Article VII Division 2 is hereby amended as follows: 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 of h-laad-s-designated-as_anundeveloped unit of the Coastal Barrier Resources System. j),s' - 1171 ) (b) Application: The Coastal Barrier Resources System Overlay District shall be overlaid on all-undeveloped-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 to Gv --undeveloped-properties located within a CBRS Unit: central wastewater treatment collection systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the provision of those utilities required to provide central sanitary wastewater collection and treatment nor 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. Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. Page 2 of 3 Initials • P:\Word\Growth Management\Ordinances\CBRS LDR and Comp Plan\Draft Wastewater Ordinance-LDR (Amended)(2).doc ORDINANCE NO. -2008 AN ORDINANCE AMENDING SEC. 9.5-258 OF THE MONROE COUNTY CODE TO ALLOW THE PROVISION OF CENTRAL WASTEWATER SERVICE AND SUPPORT UTILITIES TO DEVELOPED PROPERTIES LOCATED WITHIN THE COASTAL BARRIER REOURCES SYSTEM; PROVIDING FOR SEVERIBILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION 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((BRA) 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, appuftefkaneerfaeiliter--related-ififFastruster-e22 16 U.S.C. 3504(a)(1)in-said-ar-ea's;,and WHEREAS, Monroe County has 22 designated-Ai-nitsof the CBRS which identified by the U.S. Fish an Wildlife Service can,-be-found listed in Table 3.21 of the Monroe County Year 2040-Gempr-ehensive-Plan-Teehnieal-6(,:4mafq-illustrate -the-Ex-istiftg-L-an€1-Use--Maps-ef the-Gempfehensive-Plan-Map-Atlas; and\ \ , WHEREAS, ObjeCtive--102.8 of the Monroe'County Year 2010 Comprehensive Plan states: "Monroe County'§half-take actions to discourage private development in areas designated as units of the Coastal Barrier ResOur4s Systein [9J-5.006(3)(b)4]"; and WHEREAS,-Policy 102:8.5'0f-the Monroe County Year 2010 Comprehensive Plan states: "Up9n._adoptioii3Ok-Ilie Comprehensive Plan, Monroe County shall initiate efforts to discourage theeXtension'of facilities and-Services provided by the Florida Keys Aqueduct Authority and private providers of\electricity and telephone services to CBRS units"; and \\441fIEREAS'-"ifelit7444:4ftstwanee-Rate-MaPs-Published-fer-lhe-Natiffial-F4olad Insuran ve develefitial_areas:_kwo_five_stfuetures__er_less_per_aefe*.and_ene__eemmereial_area.that fall-withia-the-9410-Elesiglia*04-and. WHEREAS„on/December 18, 2001, the Board of County Commissioners adopted Ordinance No. 043-260-1, creating Section 9.5-258 of the Monroe County Code which established a Coastal Barrier Resources System Overlay District, the purpose of which is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands designated as a unit of the Coastal Barrier Resources System;and WHEREAS, pursuant to Chapter 99-395, Laws of Florida, Monroe County has been mandated by the State of Florida to provide a centralized sewer system by 2010 as a means of improving near shore water quality within the Florida Key; and Page 1 of 3 Initials C:\Documents and Settings\druckemiller-lisa\Local Settings\Temporary Internet Files\OLKA9\Draft Wastewater Ordinance-LDR(Amended).doc r. WHEREAS,on June 18,2008,the Growth Management Staff was directed by the Board of County Commissioners to amend the comprehensive plan and land development regulations to reword the prohibition on utilities such that the focus and priority be placed on wastewater first and any discussion of electric or any other utility, other than those required to efficiently support a central wastewater collection system, be deferred until the wastewater goal is accomplished; and WHEREAS, during a regular meeting held on July 23, 2008, the Monroe County Planning Commission conducted a public hearing on the proposed text, and recommended approval of the proposed text; and WHEREAS,the Monroe County Board of County Commissioners held a public hearing on the proposed amendments to the Monroe County Code'submitted by 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 Monroe County:Code be approved, adopted and sent to the state land planning agency for approval; NOW THEREFORE; BE IT ORDAINED'BY.--THE BOARD OF COUNTY COMMISSIONERS OF MONROE,COUNTY,FLORIDA: Section 1. Chapter 9.5,Article,VI[Division 2 is'hereby amended as follows: 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 undeveloped properties within a er--through lands-designated d unit of.the,Coastal Barrier Resources System. ' (b)` Application.- The'Coastal Barrier Resources System Overlay District shall be overlaid;on all undevelfeped areas,,except for Stock Island,within federally designated boundaries of a Coastal Barrier Resources SystemUnit on current Flood Insurance Rate Maps approved by the Federal'Emergency Management Agency, which are hereby adopted by reference and declared part.ofthis 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 only to undeveloped properties. located within a CBRS Unit: central wastewater treatment collection systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the provision of thoseMutilities required to provide central sanitary wastewater 'collection and treatment nor 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:\Documents and Settings\druckemiller-lisa\Local Settings\Temporary Internet Files\OLKA9\Draft Wastewater Ordinance-LDR(Amended).doc Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. 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 into 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.``�. . `� ,2008. Mayor Mario Di Gennaro ,' <., Mayor Pro Tem Charles"Sonny McCoy , Commissioner Sylvia Mur'P h Y Y ;., Commissioner George Neugeht Commissioner Dixie Spehar BOARD OF COUNTY-COMMISSIONERS, OF MONROE COUNTY,FLORIDA BY Mayor Mario Di•,Gennaro • (SEAL) f. "� ATTEST:\DANNY KOHL.AGE,CLERK DEPUTY CLERK.. Page 3 of 3 Initials C:\Documents and Settings\druckemiller-lisa\Local Settings\Temporary Internet Files\OLKA9\Draft Wastewater Ordinance-LDR(Amended).doc RE: Sept 17, 2008 BaCC Agenda Item PI Good Afternoon Mayor, Commissioner, Ladies and Gentlemen- My name is Beth Ramsay-Vickrey; r am a Full Time resident of No Name Key. r appreciate your indulgence as we have attempted to clear up the misinformation, mistakes and misperceptions that have involved NNK. r know that you've had a lot of information to absorb; r would like to address some of the most important misconceptions: . NNK is Not a CBRA Island - Portions of NNK are CBRS areas, my home is not in one of those areas. . The CBRA does NOT "Prohibit" Any construction what-so-ever. Period! It is a FEMA Flood insurance act. It has federal funding restrictions, to which there are exceptions: such as acts of conservation (i.e. Clean Water Act). -And there are no State funding restrictions, . The CBRA Executive Summary states" The undeveloved status of the system land is the maior undervinninf! of the law". - I and my neighbors are "developed". Speaking of development, r found out an interesting thing last week: the DCA, in their "definitions", Specificallv Excludes electricity run along the road, or right-of-way, as "development". -That's right Commissioners, according to the DCA, my house would be defined as "development", however an electricity line is not defined as "development". Further, the County 2010 Comp Plan Specificallv ALLOWS "infrastructure" to NNK: Policy 105.2.1 1) Tier I: ,.:'New development on vacant land is to be severely restricted,... However, this does not preclude provisions of infrastructure for exlstina development." r know you all have gotten some self serving and misleading communications from a NNK resident representing a very small minority of residents on NNK. r went through and compiled a complete list of these cited ordinances, state laws, plans etc that she'referenced; 21 was the final count. r went over this list carefully with an attorney, a land use expert, and then with the County Growth Management Director. r am pleased to reassure you all that, with the exception of the LDR change we are here to discuss today, there are NO, r repeat No ordinance, laws, Plans, or restrictions that would prevent NNK from being serviced with sewers or utilities. Yes, I am happy to let you know that you do not need to worry about building new bridges, shoreline hardening or well-jield protection: as those are some of the ordinances that were referenced! Another clarification of importance in this one resident's letters was her misstatement that the LDR needs to go through at the same time as the Comp Plan. -That is not the case either: The existing comp plan (102.8.5) does Not "need" to be changed. -Further, and most importantly, it does NOT need to be changed to enact the LDR before you today, because the current Comp Plan is consistent with the Proposed PC chanl!es to the LDR . Therefore there is no reason the existing Comp Plan needs to be changed before adopting the Proposed LDR changes. Additionally, the County Growth Management Director called the DCA to further discuss and clarify this and he was told, I quote, that they (the DCA) "feel that the amendment will be positively received". As I stated multiple times through this process, the Existing LDR, in its current state, is Above and Beyond that of the existing Comp Plan policy 102.8.5. The Proposed chanl!es to the LDR will reconcile the two, will make them consistent with each other (as well as consistent with the CBRA itse/fl- - currently, they are Not. Please '" let me go through this: The Current Comp Plan 102.8.5 Monroe County shall efforts to DISCOURAGE the extension offacilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service TO CBRS Units. These efforts shall include providing each of the utility providers with: 1. A Map of the areas of Monroe County which are included in CBRS units. 2. A copy of the Executive Summary in report to Congress: Coastal Barrier Resources System published by the US Department of the Interior, Coastal Barrier Study Group, which specifies restrictions to federally subsidized development in CBRS units, 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units. I have No Issue with this. "Discourage" is NOT a "Prohibition". And Discouraging it by passing out a map, and the Executive Summary (which - I draw your attention to and HIGHLIGHT the following portions: THE UNDEVELOPED STATUS OF THE SYSTEM LANDS IS THE MAJOR UNDERPINNING OF THE LA W. -and- THE IDEA WAS TO STEER NEW CONSTRUCTION A WAY FROM RISKY, ENVIRONMENTALLY SENSITIVE AREAS WHERE DEVELOPMENT WAS NOT YET FOUND. NOT TO HURT EXISTING COMMUNITIES WHERE SERIOUS COMMITMENTS OF TIME AND MONEY HAD ALREADY BEEN MADE.) These Two Statement in the Executive Summary you are supposed to pass out in the "discouragement" effort MAKE OUR CASE for Central Sewers and Support Utilities. The Existing LDR, in its current state, is ABOVE and BEYOND the existing Comp Plan: The Existing LDR "PROHIBITED" ... "To OR THROUGH". Additionally, The Existing LDR CUTS OFF NON CBRS Areas... This is Very Inconsistent; (the words "Or Through" are a Fatal Flaw in the language) and could lead to serious financial issues for the County by any NON CBRS area that is cut off via this Existing LDR. I would think this would be something the County would be in a Hurry to fix. Further, the Proposed LDR change will be consistent with the Current Comp Plan, as NNK is Tier 1 and the 2010 Comp Plan policy 105.2.1 states: Policy 105.2.1 1) Tier I: ... "New development on vacant land is to be severely restricted.... However, this does not preclude proviSions of infrastructure for exlst/na development. " To Summarize: The existing comp plan policy 102.8.5 does not "Need" to be changed, it "should" be changed in the future, but as stated, it is Not Necessarv. -And it Certainly is not necessary in order to enact the proposed LDR changes before you today. The Existing LDR is Inconsistent with the Existing Comp Plan (102.8.5) as it: 1. "Prohibits", not Discourages 2. "OR THROUGH" is Not in the Existing Comp Plan 3. The Existing LDR affects NON CRRS areas as well. . The Planning Commission changes make the proposed LDR Consistent with the existing Comp Plan, and the CBRA itself. . As it stands now, the existing LDR is not consistent with the existing Comp Plan. . The DCA "feel that the [LDR] amendment will be positively received". - And, if all that weren't enough, how can we have an LDR Based on the CBRA that Does Not Reflect the Act itself!?? In closing I want thank this Commission, the Planning Commission, and Stafffor a great job well done. -And I respectfully ask that you approve agenda items PI & P2. Thank you, -Beth Beth Ramsay-Vickrey 2035 Bahia Shores Rd. No Name Key, FL 33043 BethlaJ,MacDanes.com 305-872-2114 Page 1 of1 Lundstrom-Tamara _._--- ---. ------'...-------------.---- From: Mary Bakke [mbakke100@hotmaiLcom] Sent: Monday, September 15, 2008 9:30 PM Subject: Please Vote "YES" Dear Commissioners, First, thank you and County staff for diligently working with the residents of No Name Key to get the Land Development Regulation (LOR) amendment on the Board of County Commissioners agenda of September 17, 2008. Regrettable John and I are out-of-state and cannot be present for BOCC meeting due to extenuating circumstances. However, both of us encourage you to support Items P1 and P2 and vote "yes" so that developed residences on No Name Key can continue to make progress toward of the goal of connection to the central sewer system and meeting the State's 2010 wastewater mandate. In addition to all the reasons outlined in Staff's Report, this LOR amendment is necessary to make the LOR consistent with certain Policies and Goals of the Year 2010 Comprehensive Plan adopted January 16, 2002 which are still in effect today. Comprehensive Plan Policy 105.2.1(1) reads in part: 1. Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. HoweveL-Jhis_ doe$~oLJ!rech~de Ql'ovisions . of infrl1lstructurE!_for _exi$ting --.d.E!velopment. (Emphasis added.) All of No Name Key is in Tier 1 and since the State's Legislature had already passed HB 99-395, it appears that the County recognized that infrastructure for the existing developed homes would be necessary for the residents of No Name Key to meet the State's wastewater mandate. Your support and vote today will permit the County and FKAA to move forward and design the best and most cost effective sewer system for the residents of No Name Key. We appreciate your support in cleaning up the near-shore waters of No Name Key and helping us meet the State's mandate for clean water. Sincerely, Mary Frances Bakke - Get more out of the Web, Learn 10 hidden secrets of Windows Live. Le1lm NOW 9/16/2008 Page 1 of 1 Lundstrom-Tamara .- From: jbnewton Obnewton@bellsouth,net] Sent: Monday, September 15, 20089:34 AM To: BOCCDIS4; Spehar-Dixie; BOCC_DIS3; BOCCDIS5; Neugent-George Subject: support for agenda items P1 and P2 Please continue to support and vote in favor of items P1 and P2 at the Sept. 17th commission meeting. These two items are the next logical steps taken by Monroe County Planning Commishioners and Growth Mgt .staff to enable the placement of central sewers and the necessary utilities to support central sewers on No Name Key. I am writeing you as an individual homeowner on No Name Key and also as the President of the No Name Key Property Owners Assoc. Each of the members of the association endorse these two agenda items and ask for your suport and vote in favor of these two items. Jim Newton President of the No Name Key Property Owners Assoc. 9/16/2008 Page ] of] Lundstrom- Tamara From: john j sandroni [dantejoe@mindspring,comj Sent: Monday, September 15, 2008 5:48 AM To: BOCCDIS4 Cc: mbakke@hotmaii,com Subject: Wastewater sevices No Name Key Dear Mayor Mario Di Gennaro, As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting, Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you, John J Sandroni dantejoe@mindspring.com ParceIID#00319492-002800 9/] 6/2008 Page I ofl Lundstrom- Tamara From: Hal & Linda [uham2001@hughes,net] Sent: Tuesday, September 16, 2008 11 :34 AM To: Spehar-Dixie; BOCC_DIS3; BOCCDIS4; BOCCDIS5; Neugent-George Subject: Sept 17 board meeting Dear Commissioner, We are homeowners on No Name Key and are registered voters of monroe county, We are currently out of 'town and unfortunately, will not be able to attend the Sept 17 meeting, but will watch it on the internet We are writing to request your support and vote in favor of Agenda Items P1 and P2, It seems ridiculous that we have to go through such efforts to do what should have been done in the first place. We appreciate your efforts in rectifying this problem. Thank you, Hal & Linda McClelland 9/16/2008 Page 1 of 1 Lundstrom-Tamara From: Jennifer Sweet Oenniferlsweet@msn,com] Sent: Tuesday, September 16, 2008 9:57 AM To: Spehar-Dixie A!' CV ~ OWYUW 0'JItt N& NCt#teI Key, I veq~ your M4Jport" ~ voce- i-vvfcvvor of~ U-~Pl ~P2. 'Both.,- U-~ will.; aUow ~t"& cont"i;Yu~~pvOWe>>'t"owavc4-fJ€ft~ ~er!, ~ ~ u:t'tlir~ ~t"& M4Jport"t:hemt. ~y01,V J~Swee;C N& NCt#teI Key, tLoriiicv 9/16/2008 Lundstrom-Tamara From: John Morris Odmorris5@earthlink,net] Sent: Tuesday, September 16, 2008 9:01 AM To: BOCCDIS4 Subject: Support for items P1 and P2 at the 9/17 Board Meeting Dear Mayor Di Gennaro: As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item PI in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. John D. Morris 3200 Tortugas Ln No Name Key 1 .--.--..-- Page 1 of] Lundstrom-Tamara From: chris rehm [chrisrehm@hotmaiLcom] Sent: Tuesday, September 16, 2008 1 :22 AM To: Spehar-Dixie; Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: RE: September 17th Board Meeting As a resident of Monroe County, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting. Both of these critical items will allow our very special community on No Name Key to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the develoDed properties to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 ofthe Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you. These issues are very important to me and "m looking forward to your support. Sincerely, Chris Rehm See how Windows connects the people, information, and fun that are part of your life. See_NQw 9/16/2008 .-._.,._^.".~.- Central Sewer System on No Name Key Page I of I Lundstrom- Tamara - ""- _._-~._-~.~_. From: Bruce Turkel [bturkel@turkeLinfo] Sent: Monday, September 15, 2008 10:24 PM To: Bruce Turkel Subject: Central Sewer System on No Name Key As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting. Both of these critical items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you. These issues are very important to me and my family and I'm looking forward to your support. Sincerely, Bruce Turkel 327234 Bimini Lane, No Name Key, FL 33043-5215 9/16/2008 -~-._-~._~-~-." Page ] of] Lundstrom-Tamara From: nonamerobert@bellsouth,net Sent: Monday, September 15, 20082:51 PM To: BOCCDIS4 Subject: County Commission Meeting Wednesday September 17, 2008 As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting. Both Items will allow our community to continue Its progress toward our goal of connecting to the Central Sewer System as has already been approved by the SOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the deveIQQI..!tpropertles, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Robert & Petronella Benton, Registered Voters, Monroe County 9116/2008 ~__.~,. _W"_.~....~_~ Page 1 of1 Lundstrom-Tamara ---- --- From: jbnewton Obnewton@bellsouth,net] Sent: Monday, September 15, 2008 9:42 AM To: BOCCDIS4 Subject: your support for agenda items P1 and P2 Please support and vote in favor of agenda items P1 and P2 at the upcoming commishioners meeting on Sept 17th, Thank you for your heip and support on these items. Jim Newton President of the No Name Key Property Owners Assoc, 9/16/2008 -~,~._-..<._. Page 1 of 1 Lundstrom-Tamara From: cobrascj@aol.com Sent: Sunday, September 14, 2008 11 :51 PM To: BOCCDIS4 Subject: SEWERS As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the deyeloDed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. AS A HOME OWNER ON NNK I AM VERY CONCERNED ABOUT THE FUTURE OF THIS ISLAND. THANK YOU FOR YOUR CONTINUEING SUPPORT. FRANCISCO PICHEL Looking for spoilers and reviews on the new TV season? GetAOL's ultimatem9uide to fall TV, 9/16/2008 _<U'_m__',. Page I ofl Lundstrom-Tamara From: Kristie Killam [kkillam79@gmaiLcom] Sent: Sunday, September 14, 20088:08 PM To: Spehar-Dixie; Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: No Name Key Central Sewers Dear Commissioner: Please help No Name Key go Green! We want to protect our nearshore waters, clean up our air and protect our island. As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the g~tveIODedproperties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you! Sincerely, Kristie Killam 32750 Bimini Lane No Name Key, FL 9/16/2008 -.~._--_..~-_.._~."_..,- Page 1 of 1 Lundstrom-Tamara From: MarsFltc@aol.com Sent: Sunday, September 14, 2008 12:20 PM To: BOCCDIS4 Subject: P1 AND P2 AS A HOMEOWNER ON NO NAME KEY I AM REQUESTING YOUR SUPPORT BY VOTING IN FAVOR OF ITEMS P1 AND P2 SEPTEMBER 17TH, THANK YOU FOR YOUR TIME, MARSHA FLETCHER 32763 TORTUGA LN, NO NAME KEY PssssLHave you heard the news? Ther~'s a n~w f<lshionbIQg,plu_s th!>J;3te_"tfaiJ t(enjJs anghajLsty~~ <It StyleListcom, 9/16/2008 -.----...- -" Page ] of] Lundstrom-Tamara From: Randy [exillhematrix2@bellsQuth.net] Sent: Sunday, September 14, 2008 11 :57 AM To: Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: No Name Key Central Sewers Dear Commissioner: Please help the residents of No Name Key go Green!! Please help us clean up our nearshore waters with a vote on the following issues. As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the develQQe_tlproperties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Sincerely, Randall Hochberg 32750 Bimini Lane No Name Key, FL 9/16/2008 -".,._-~>.. Page 1 ofl Lundstrom-Tamara From: kathy coleman [hellcole@yahoo.com] Sent: Sunday, September 14, 2008 3:48 AM To: Spehar-Dixie; BOCC_DIS3; BOCCDIS4; BOCCDIS5; Neugent-George; mbakke100@hotmail.com Subject: Public Hearing; Items P1 & P2 Good Morning Elected Officials, I am in support of the above referenced items regarding the public hearing scheduled for 9117/2008 in Key West. I support central sewers for No Name Key. It is about time you care for the water quality on our key and also allow us residents to proceed into the 21 st century. Best Regards, Kathryn Coleman 2123 Spanish Channel Drive No Name Key, Florida 305-872-0907 (Home) 954-655-4541 (Cellular) 9/16/2008 --_._--_..._....~--- . Lundstrom-Tamara From: Kathy Brown [kathryn56@earthlink.net] Sent: Saturday, September 13, 20088:30 AM To: Spehar-Dixie; Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: 2010 Mandate Dear Commissioners, As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item PI in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item PI: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you, Kathryn Brown 32731 Tortuga Lane No Name Key Big Pine Key, FL 33043 Brown & Considine Counseling & Consulting 1 w__,____......._, " Page] of] Lundstrom-Tamara ._-~ From: Jeanette Petrucelli Ompet5@netzero,net] Sent: Friday, September 12, 2008 5:30 PM To: BOCCDIS5: BOCC_DIS3; Neugent-George; Spehar-Dixie; BOCCDIS4 Subject: No Name Key-Central Sewer As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the de\l:elope<<-properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you for your support Jeanette Petrucelli-Raser 2126 No Name Drive No Name Key, FL 9/] 6/2008 -,-~- ....- , Lundstrom-Tamara From: Bob Brown [buttonwoodbob@earthlink,net] Sent: Friday, September 12, 20085:28 PM To: Spehar-Dixie; Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: Up coming meeling, and support hoped for As a long time resident of No Name Key, it would seem axiomatic that you would be quick to support Items PI and 2 on your agenda, and move on briskly to other important business. I know you, as do all citizens of Monroe County, hope to meet the 2010 mandated deadline. I'm confident it can be done if we don't take more steps backwards before going forward. My neighbors are eager to get the amenities available to all other citizen, not only in Monroe County, but across the nation. The sewer system is an urgent health mater, or it wouldn't be mandated. We dodged the bullet from Ike the day I chose to visit my kid's and theirs in Texas. Ike followed me and the damage and hardship will be historic. Water damage is one thing, but pollution and the spread of coliform bacteria is yet another. See you at the meeting. Best Regards/and thanks for your good work. Best Regards, Bob Dr. Robert G. Brown, retired 322731 Tortuga Lane Big Pine Key/ FL 33043 1 --~-"'~---"-,,,- Page ] of] Lundstrom-Tamara From: Jeanette Petrucelli Ompet5@netzero,net] Sent: Friday, September 12, 2008 5:24 PM To: BOCCDIS5; BOCC_DIS3; Neugent-George; Spehar-Dixie; BOCCDIS4 Subject: [BULK] Importance: Low Dear Commissioner, As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Centra] Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you for your support Randy Raser 2]26 No Name Drive No Name Key, F] 9/16/2008 Page 1 of1 Lundstrom-Tamara From: Rick Sweet [RickSweet@q.com] Sent: Tuesday, September16, 2008 10:21 AM To: Spehar-Dixie As a home owner on No Name Key I am requesting your support and your vote on items P1 and P2. These items will allow our community to continue in it's progress to be connected to the central sewer service. This is vitally important to us. To be in compliance with the 2010 mandate, for the ecology of the Florida Keys. These items will allow developed properties such as my home to have a sewer connection and the utilities to support this connection. Thank you Rick Sweet 32857 Tortuga Lane No Name Key, Florida 9/16/2008 Page 1 of 1 Lundstrom-Tamara From: chris rehm [chrisrehm@hotmaiLcom] Sent: Tuesday, September 16, 2008 5:23 PM To: BOCCDlS4 Subject: September 17th Board Meeting As a resident of Monroe County, I request your support and vote in favor of Agenda Items P1 and P2 at the September 17, 2008 Board meeting. Both of these critical items will allow our very special community on No Name Key to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item P1 in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Item P1: Public Hearing: Motion to Amend the Land Development Regulations, Section 9.5-258 to allow provision of central wastewater services and support utilities to developed properties located within the Coastal Barrier Resource System. Item P2: A public hearing to consider a Resolution supporting the proposed Amendment to Policy 102.85 of the Monroe County Year 2010 Comprehensive Plan to facilitate central wastewater services to No Name Key. Thank you. These issues are very important to me and 1m looking forward to your support. Sincerely, Chris Rehm See how Windows Mobile brings your life togetherat home, work, or on the go. Se_eNQw 9/18/2008 Page 1 of 1 Lundstrom-Tamara From: Rocky Bone [nonamebone@bellsouth,net] Sent: Tuesday, September 16, 2008 9:50 PM To: Spehar-Dixie; Neugent-George; BOCC_DIS3; BOCCDIS4; BOCCDIS5 Subject: NoName Key Sewers To my County Commissioners, I know that you ladies and gentlemen are probably tired of hearing from me and others about sewers. I know we'll all be glad when no one has to talk about sewers again, I wonder what will be the hot topic then? Who knows? But for now we are still stuck with the sewer issue, and so I must write again to ask you to support the homeowners on NoName Key at tomorrows commission meeting in Key West. Others, more able than I, can give the details and reasons of what is needed, The bottom line is we ask for your support for the agenda items P1 and P2. We certainly didn't ask for the burden of this 2010 sewer mandate, We would rather just be left alone. But if we are going to be forced to comply, we need to have relief from the catch-22 predicament we are in. Please help us by removing whatever roadblocks there are to getting us connected to the central sewers, Please vote for approval of agenda items P1 andP2, Thank you, Charles R. Bone, Jr, No virus found in this outgoing message. Checked by A VG. Version: 7.5,524/ Virus Database: 270.621/1672 - Release Date: 9/15/2008 9:21 AM 9/18/2008 Page 1 of 1 Lundstrom-Tamara From: Linda Morris [morrisI1@hotmail.com] Sent: Wednesday, September 17, 20089:17 AM To: BOCCDIS4 Subject: Support for items P1 and P2 at the 9/17 Board Meeting Dear Commissioner Di Gennaro: As a homeowner on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the BOCC. The Planning Commission held a public hearing on Item PI in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. Linda A. Morris T ortugas Ln No Name Key Want to do more with Windows Live? Learn "10 hidden secrets" from Jamie. Learn NOW 9/18/2008 Lundstrom-Tamara From: Dan Morris [Morr111 O@bellsouth,net] Sent: Wednesday, September 17, 2008 2:15 AM To: BOCCDIS4 Cc: John Morris Subject: Support for items P1 and P2 at the 9/17 Board Meeting Dear Mayor Di Gennaro: As an affected member of a household on No Name Key, I request your support and vote in favor of Agenda Items PI and P2 at the September 17, 2008 Board meeting. Both items will allow our community to continue its progress toward our goal of connecting to the Central Sewer System as has already been approved by the SOCC. The Planning Commission held a public hearing on Item PI in July and the Planning Commission vote was 5/0 in favor of the Resolution. These two items will allow the developed properties, such as my home, to have central sewer connection and other needed utilities to support the sewer yet these items do not allow further new development to No Name Key. John D. Morris II 3200 Tortugas Ln No Name Key 1 • • Monroe County Board of County Commissioners Meeting 09/17/2008 Key West, Florida Comments by Hallett Douville, No Name Key, Florida (305) 872-2055 <douville@bellsouth.net> Agenda Item P-1 : "A public hearing to consider an ordinance amending Section 9 . 5-258 to allow the provision of Central Wastewater service and support utilities to developed properties located within the Coastal Barrier Resources System. " Good afternoon Commissioners . My name is Hallett Douville; No Name Key has been my home since 1990 . I have participated in all of the issues affecting No Name Key over the years and have spoken to this Board several times this year regarding wastewater and No Name Key. I also attended the July 23rd Planning Commission meeting when this agenda item was heard. I will comment on the specific language of this proposed ordinance when the next agenda item, P-2, is called. For now, I would like to read a couple of quotes taken directly from the Back-up materials for Agenda Item P-2 because they are also very important to this agenda item, P-1 . 1 - k(agtiO6 '2, bi4iigitIgE14.61* cei.rda-Nadlialin 5�� 5��ft� 5�� 5 �, 5� llorx cam l:�it51.51-. a. I I.�L5E din o 'olloy 102 O O 5 . a e.�s ,t. '19ctiQn, 2. G . c iFira .Ala dio 6, ntl e ent Diw gion �Olo@ctoz t© oc @d :with th@ Latanigag 0, l gglom g@©om eeP @r• gP P-OG:,c ®m10.@ 3Qo iT plan ,in January 20.0 as part of the 09-01 comprehensive plan ; amendment package which fljwil . require a public hearing prior to transmission . " -1- 2 . .e second and third WHEREAS on page 2 of the proposed b dinance to amend Policy 102 . 8 . 5 state : "WHEREAS, the Monroe County Board of Count ' 'Commissioners cxeld a public hearing [on some unspecified date] to consider the [transmittal of the proposed amendment to the state land planning 'agency on January 21, 2009; and, 'WHEREAS, it is the desire of the Monroe County Board f County Commissioers that the following amendment to the Comprehensive Plan be adopted and sent to the spat l land planning agency for approval; " As these three quotes show, the proposed amendment to Policy 102 . 8 . 5 of the Year 2010 Comp Plan has not yet been adopted. In fact, it has not yet been sent up to the DCA. And, it cannot be sent to the DCA until January 21, 2009 - after another formal public hearing. YET, the purpose of this agenda item is to try to get this Board to approve new language in a Monroe County Code ordinance that is based upon and legally justified by new language in the Year 2010 Comp Plan that has not yet been adopted! Any ordinance which amends Monroe County Code Section 9 . 5- 268 must be consistent with the current language in Policy 102 . 8 . 5 of the Year 2010 Comp Plan, not the future language in Policy 102 . 8 . 5 of the Year 2010 Comp Plan . What if all does not go as planned? What if the proposed language is changed at the transmittal hearing? What if the DCA recommends changes? What if the DCA rejects the proposed ordinance? a ` This agenda item puts the cart way before the horse . P-1 should be pulled from today' s agenda and reheard AFTER the underlying Comp Plan Policy 102 . 8 . 5 is amended, adopted and approved by the Department of Community Affairs . Approving P-1 today would not be legal . Thank you . -2-