Item P16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17, 2008
Bulk Item: Yes No X
Division: County Attorney
Staff Contact: Susan Grimsley, Ext. # 3477
AGENDA ITEM WORDING:
Discussion and direction to staff concerning the Final Order from the Department of Community Affairs
received December 12, 2008 determining that Ordinance 20-2008 is rejected. The appeal period is 21
days after publication in the Florida Administrative Weekly, which should be prior to the January 28,
2009 meeting.
ITEM BACKGROUND:
September 17, 2008 - Ordinance 20-2008 was passed by the Board of County Commissioners. On a
county -wide basis, the ordinance prohibited the extension or expansion of utilities to undeveloped
properties located within a Coastal Barrier Resource System (CBRS) unit (by inference allowing
utilities to developed properties), and specifically allowed the provision of those utilities required to
provide central sanitary wastewater collection and treatment to CBRS units.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of Ordinance 20-2008 at the September 17, 2008 Board meeting. A companion resolution,
Resolution No. 295-2008, recommending support of a Comprehensive Plan amendment to be on the
BOCC agenda in January 2009 concerning the same topic was also passed at the same meeting. At the
June 18, 2008 BOCC meeting, the Board approved Resolution No 179-2008 requesting the removal of
(CBRS) designation for the developed residential area in No Name Key known as "Island's End". At
its May 21, 2008 meeting, the Board voted to include No Name Key back into the "Hot Spot
Designation" for wastewater.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: n/a
COST TO COUNTY:
BUDGETED: Yes _ No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH_ Year
APPROVED BY: County Atty� OMB/Purchasing _ Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM # ►�(_
Revised 11/06
DCA Final Order No.: DCA08-OR-352
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 020-2008
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Slat., and § 380.0552(9), Fla. Stat. (2007), rejecting a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On October 17, 2008, the Department received for review Monroe County
(County) Ordinance No. 020-2008 ("Ord. 020-2008"), adopted by the County on September 17,
2008.
The purpose of the Ordinance is to amend Section 9.5-258 of the Monroe County
Code to allow the provision of wastewater service and support utilities to developed properties
located within the Coastal Barrier Resources System (CBRS) Overlay.
4. The Coastal Barrier Resources Act (CBRA) of 1982 established the CBRS to
restrict the federally subsidized development of coastal barrier areas. See 16 U.S.C. 3504(a)(1).
5. On December 18, 2001, the Monroe County Board of County Commissioners
adopted Ordinance No. 043-2001, creating Section 9.5-258 of the Monroe County Code which
established the CBRS 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
DCA Final Order No.: DCA08-OR-352
utilities to or through lands designated as a unit of the CBRS.
6. On June 18, 2008, the Monroe County Board of County Commissioners directed
the Growth Management Staff 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.
7. Section 163.3202, Florida Statutes, however, requires that land development
regulations contain specific and detailed provisions necessary to implement the adopted
comprehensive plan which discourages the extension of facilities and utility services to CBRS
units and prohibits public expenditures for new or expanded facilities in areas designated as units
of the CBRS except for expenditures necessary for public health and safety. While the County's
Comprehensive Plan does not prohibit the extension of facilities and services into CBRS units,
Ordinance 020-2008 conflicts with the County's policies discouraging both private and public
investments in CBRS units for new or expanded facilities.
8. A comprehensive plan amendment is necessary to resolve this conflict and clarify
that the extension of facilities and services to specific areas in CBRS units, including No Name
Key, designated as Hot Spots for central sewer may be necessary for water quality improvement
as well as for financial feasibility and economies of scale in construction of regional wastewater
plants.
9. The provision of central wastewater treatment and collection facilities through or
to CBRS areas to developed properties may be one option to satisfy the treatment standard
requirements of Section 6 of Chapter 99-395 Laws of Florida. However, sufficient data and
analysis has not been provided to address the capital cost allocation issues associated with the
Provision of central wastewater treatment and collection systems, and where needed, the cost for
the provision of electrical service to the CBRS units
2
DCA Final Order No.: DCA08-OR-352
10. Monroe County staff has indicated that the County will be moving forward with a
Comprehensive Plan amendment to address any conflicts with the Comprehensive Plan in the
County's first amendment cycle in 2009. Although the Department is encouraged by the
County's efforts to provide central sewer to No Name Key, since the current wastewater
construction schedule does not anticipate completion of the new facility for several years, the
County has an opportunity to provide an analysis of the magnitude of the additional public
facility costs.
11. If the intent of the County is to provide wastewater only to No Name Key within
the CBRS units, the Department would recommend the County first adopt any necessary
Comprehensive Plan amendments and subsequently revise Ordinance 020-2008 to target its
application to No Name Key.
CONCLUSIONS OF LAW
12. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2007).
13. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 2717-8),
Fla. Achnin. Code.
14. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.03 ] (8), Fla. Stat. (2007). The
regulations adopted by Ord. 020-2008 are land development regulations.
15. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in § 380.0552(7), Fla. Star. See Rathkamp v. Department of
CommunitvAfjairs. 21 F.A.L.R. 1902 (Dec. 4, 1998), qj/"d, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
DCA Final Order No,: DCA08-OR-352
in isolation from the other provisions.
16. Ord. 020-2008 fails to promote and further the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(b) To protect shoreline andmarinc resources, including
mangroves, coral reef formations, seagrass beds, wetlands fish
and wildlife, and their habitat.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public
investments, including:
I. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military
facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and
other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-
op; and
9. Other utilities, as appropriate.
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys.
17. Ord. 020-2008 is inconsistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 020-2008 is found to be inconsistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DCA Final Order No.: DCA08-OR-352
DONE AND ORDERED in Tallahassee, Florida.
CHARtSS GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING 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 PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
I20.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND 11, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS -EXAM [NATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
DCA Final Order No.: DCA08-OR-352
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
713E PETITiON-MUSTIGIEET THE FILINGREQLMZ2MENTS tN RULE 2g-------._
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING 1S
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and ct copies have been furnished
to the persons listed below by the method indicated this day of December, 2008.
' (�/� aula Ford, Agency er
BY U.S. Mail: ,U�"
Honorable Mario DiGennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
DCA Final Order No.: DCA08-OR-352
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400 _
- marathon,Florida33D50
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
ORDINANCE NO. 020 -200S
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 RESOURCES SYSTEM;
PROVIDING FOR SEVERABILITY; 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 (CBRA) of 1982 established the Coastal
Barrier Resources System (CBRS) to restrict the federally subsidized development of coastal
barrier areas (SLL 16 U.S.C. 3504(a)(1)); and
WHEREAS, Monroe County has 22 designated units of the CBRS identified by the U.S.
Fish arYWildlife 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 writs of the Coastal Barrier Resources System f9J-5.006(3)(b)41"; and
WHEREAS, Policy 102.8.5 of tite 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 (ands 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, other than those required to efficiently support
a central wastewater collection system, be deferred until the wastewater goal is accomplished;
and
Page 1 of
W:(GROWTH Initiak _ _-
MANAGEMENT;BOCC GMD Agenda hems"2008091 T.CBRS LDR Amend`Adopted
Wastewater Ordinance with changes from BOCC and 00 underlines or sirikethroughs . LDR
(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 Comity Board of County Commissioners that
the following amendment to the Monroe County Code be approved, adopted and sent to the state
land plannin g-..g . ya et>c 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 undeveloped properties within 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 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
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 pans 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.
Page 2 of 3 Initials
WrtGROWTH MANAGEMENrj3OCC%GMD Agenda Items,200809171CBRS LDR.4mend Adopted
Wastewater Ordinance with changes from BOCC and no underlines or strikethroughs - LDR
(Amended).doc
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.
ection 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 Conmiissioners of Monroe County,
Florida at a regular meeting held on the 17th day of September, A.D., 2008.
Mayor Mario DiGennaro
Mayor Pro Tern Charles "Sonny McCoy yea
Commissioner Sylvia Murphy yes
Commissioner George Neugem no
Commissioner Dixie Spehar Wo
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY %
Mayor Mario DiGennaro
o — —
`147-NESJ11DANNY KOLFIAGE, CLERK
DEPUTY C ERK
1 ONgOE CObt i70gMEY
Aif+ EU S r ARO
7
Page 3 of 3
1 i 1
tnua . __
W°.GROWWTH MANAGEMENT'.BOCCtiGMDAgenda Items'20080917\CBRS LDRAmend'Adopted
Wastewater Ordinance with changes from BOCC and no underlines or strikethroughs - LDR
(Amended).doe
RESOLUTION NO. 2952008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS SUPPORTING THE PROPOSED
AMENDMENT TO POLICY 102.8.5 OF THE COMPREHENSIVE
PLAN TO FACILITATE CENTRAL WASTEWATER SERVICE
TO NO NAME KEY.
WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 established the
Coastal Battier Resources System (CBRS) to restriet the federally subsidized
development of coastal barrier areas [16 U.S.C. 3504(a)(1)]; and
WHEREAS, Monroe County has 22 designated units of the CBRS identified by
the U.S. Fish and Wildlife Service; 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)41'; 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, 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 Keys, and
WHEREAS, on June 18, 2009, 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 treatment 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, the Development Review Committee on July 22. 2008 reviewed the
legal authority and the proposed text; and
Page I oft
Reviewer.
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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The BOCC confirms its continued support for the proposed comprehensive
plan amendment which will facilitate the provision of central wastewater services to No
Name Key which currently includes developed areas within the Coastal Barrier
Resources System.
Section 2: The BOCC instructs the Growth Management Division Director to proceed
with the Planning Commission recommended amendment to the comprehensive plan in
January 2009 as a part of the 09-01 comprehensive plan amendment package which will
require a public hearing prior to transmission.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 171h day of September, 2008.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy No
o
m -=
Commissioner George Neugent No.
Y;
o
_may
Commissioner Dixie M. Spehar Yee
BOARD OF COUNTY COMMISSIONERS
-"
C-
OF MONROE COUNTY, FLORIDA
=,
cr
By:
Mayor Mario DiGennaro
:, NNY L. KOLHAGE, CLERK
APPROVED AS TO FORM
AND AI.SUF tNENCY
BY fin_
ATTORNEY' FICE
DATE, a200�
Page 2 of 2
Reviewer:
ACCOMPANIED RESOLUTION 295-2008
TO BE PRESENTED FOR THE FIRST COMPREHENSIVE PLAN AMENDMENT
DCATRANSMITAL HEARI7VGINJANUARY2009
ORDINANCE NO. -2008
AN ORDINANCE AMENDING POLICY 102.8.5 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ALLOW THE
PROVISION OF CENTRAL WASTEWATER SERVICE AND SUPPORT
UTILITIES TO DEVELOPED PROPERTIES LOCATED WITHIN THE
COASTAL BARRIER RESOURCES SYSTEM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING THE CLERK OF THE BOARD
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR THE INCORPORATION INTO
THE COMPREHENSIVE PLAN
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 and Wildlife Service; 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 [W-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, 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 Keys, 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
treatment 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
Pagel of 3 Initials
P:\Word\Growth Management\CBRS\BOCC Approved without underlines or strikethroughs Wastewater
GOP Ordinance (Amended).doc
ACCOMPANIED RESOLUTION 295-2008
TO BE PRESENTED FOR THE FIRST COMPREHENSIVE PLANAMENOMENT
DCA TRANSMITAL HEARING IN JANUARY 2009
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
to consider the transmittal of the proposed amendment to the state land planting agency on
January 21,2009;and
WHEREAS, it is the desire of the Monroe County Board of County Cotmnissioners that
the following amendment to the Comprehensive Plan be 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. Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is
hereby amended to include the following:
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 service to undeveloped properties within CBRS units.
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.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Page 2 of 3 Initials
P:\Word\Growth Management\CBRSWOCC Approved without underlines or strikethroughs Wastewater
GOP Ordinance (Amended).doc
ACCOMPANIED RESOLUTION 295-2008
TO BE PRESENTED
DCA TRANSMITAL HEARING N JANU RY 2009HENSIVE AMENDMENT
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.
PASSED AND ADOPTED by the Board of County Co 2 ssioners of Monroe County,
Florida at a meeting held on the _, day of _
Mayor Mario DiGennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
DEPUTY CLERK
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GOP Ordinance (Atnended).doc
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FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call were Commissioner Sylvia Murphy, Commissioner George
Neugent, and Commissioner Mario DiGennaro. Absent were Chairman Clark Snow and
Mayor Norman Anderson.
James Callahan, Acting Fire Chief addressed the Board concerning approval of a
Settlement Agreement between Monroe County Fire Rescue and Chelsa Call account
#90401-01. Motion was made by Commissioner Murphy and seconded by
Commissioner DiGennaro that Chelsa not be charged for the transport. Motion carried
unanimously, with Chairman Clark Snow and Mayor Norman Anderson not present.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District 1, was adjourned.
present. The Board of County Commissioners meeting reconvened with all commissioners
WASTEWATER ISSUES
Dave Koppel, County Engineer provided to the Board a written Status Report
Update concerning the wastewater projects. Charles Fishburn, representing the Key
Largo Wastewater Treatment District (KLWWTD) made a presentation to the Board
concerning the progress of wastewater projects in the KLWWTD.
The Board discussed providing central sanitary wastewater service to the properly
owners of No Name Key through inclusion in the Lower Keys Regional Service Area
wastewater treatment and collection system. The following individuals addressed the
Board: Burke Cannon, representing Hammerpoint Home Owner's Association; John
Hammerstrom, David Eaken, Kathy Brown, Mary Bakke, John Bakke, Julie Reynolds,
representing No Name Key; Brad Vickrey, Beth Ramsay-Vickrey, and Bob Reynolds.
Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was
made by Commissioner DiGennaro and seconded by Commissioner Spehar to include No
Name Key in the central sewering system. During further discussion, the motion was
amended by the second with the maker accepting directing Staff to start the procedure to
put No Name Key back into the "Hot Spot Designation". Roll call vote was taken with
the following results:
Commissioner DiGennaro Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Speharpehar Yes
J'�
Motion carried.
Mayor McCoy Yes
COUNTY ATTORNEY
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The Board discussed a Lease Agreement for the Higgs Beach
Concession/Restaurant between Monroe County and Key West Hospitality, LLC (Salute
Restaurant on Higgs Beach). The following individual addressed the Board: Patricia
Eables, representing Key West Hospitality, LLC and.Frau Gonzon. After discussion,
motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval and authorizing execution of the item. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held to consider adoption of an Ordinance amending
Section 2-15.1 of Monroe County Code, providing authority for County staff and/or
contractors to enter onto private land in the event of a declared emergency for removal of
disaster -generated debris, in order to protect the safety, health, and welfare of the public;
providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and
providing an effective date. There was no public input. Motion was made by
Commissioner Spehar and seconded by Commissioner DiGennaro to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO.013-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of an Ordinance establishing a
Local Affordable Housing Advisory Committee as required by F.S. Section 420.9076 and
F.A.C. Chapter 67-37.010 replacing the Workforce Housing Taskforce; providing for
severability and repeal of inconsistent provisions; providing for incorporation into the
Monroe County Code of Ordinances; providing for transmittal to the Secretary of State
and for an effective date. There was no public input. Suzanne Hutton, County Attorney
and Lisa Tennyson, Affordable Housing Coordinator discussed the matter. After
discussion, motion was made by Commissioner Neugent and seconded by Commissioner
Spehar to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO.014-2008
Said Ordinance is incorporated herein by reference.
A Public Hearing was held to consider adoption of a Resolution approving the
request for Administrative Relief made by Harold & Sherry Fried on property described
as Lot 20, Block 9, Bahia Mar Estates Subdivision, Key Largo, RE# 00545040.000000 in
the form of purchase offer from the Land Authority. The Board accepted public input
with the following individual addressing the Board: Hal Fried. After discussion, motion
Mayor Di Gennaro
RESOLUTION NO. 179 _ 2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
DECLARING SUPPORT OF CONGRESSIONAL LEGISLATION
TO EXCLUDE THE DEVELOPED RESIDENTIAL AREA OF THE
UNRECORDED PLAT ON THE EAST END OF NO NAME KEY,
OTHERWISE KNOWN AS "ISLAND'S END", LOCATED IN
MONROE COUNTY, FLORIDN FROM THE FEDERAL
COASTAL BARRIER RESOURCES SYSTEM.
WHEREAS, the Florida Keys have been designated by the Legislature of the State of
Florida as an Area of Critical State Concern requiring development and implementation of a
comprehensive plan and land development regulations; and
WHEREAS, the Coastal Barrier Resource Protection Act (CBRA) was enacted by the
Federal Government in 1982 to protect remaining natural coastal ecosystems from
encroachment and development, creating the Coastal Barrier Resources System (CBRS); and
WHEREAS, coastal areas of the Florida Keys were added to the CBRS in the Coastal
Barrier Improvements Act of 1990 (CBRA), which included the undeveloped areas of No Name
Key; and
WHEREAS, the defining criteria of "undeveloped" for inclusion into the CBRS was
refined in the 1990 CBRA to specify the density of development to be less than one
home/structure per five acres of land; and
WHEREAS, at the time of the inclusion of the CBRA, the east end of No Name Key
consisted of 5.28 acres of buildable land with nine (9) homes permitted and substantially
complete (walled and roofed), approximately one home per .528 acres. Additionally, five (5)
other property owners had previously received building permits and their homes were in various
phases of active construction. Today, there are fourteen (14) homes on 5.29 acres; and
WHEREAS, in comparison, the west end of No Name Key in 1990, Bahia Shores and
Dolphin Harbour subdivisions, consisted of approximately 15.4 buildable acres, and they had
fourteen (14) homes permitted and substantially completed, at one home per 1.10 acres, and were
excluded from the CBRA; and
WHEREAS, the west end of No Name Key, as a previously developed residential area
with development well over the defined criteria of "undeveloped', was correctly excluded from
the CBRS; but the east end of No Name Key, also a previously developed residential area with
similar density of development was seemingly included in error, now, therefore;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
1. The Board of County Commissioners hereby requests the Florida Delegation use the
necessary legislative process within the U.S. House of Representatives to remove the
developed residential area of the unrecorded plat on the east end of No Name Key,
otherwise originally known as "Island's End", located in Monroe County, Florida from
the Coastal Barrier Resource System.
2. The Board of County Commissioners expresses its support of the necessary congressional
legislation to remove the developed residential area of the unrecorded plat on the east end
of No Name Key, otherwise originally known as "Island's End", located in Monroe
County, Florida from the Coastal Barrier Resource System.
3. The Clerk is hereby directed to forward copies of this resolution to Senator Bill Nelson
and Senator Mel Martinez, U. S. Senate; Representative Ron Saunders, District 120;
Senator Lareenia Bullard, District 39; Senator Bill Nelson; Senator Mel Martinez;
Congresswoman Ileana Ros-Lehtinen, District 18; and Congressman Mario Diaz-Balart,
District 25.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a meeting of said Board held on the I day of June, AD. 2008.
N
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Mayor Di Gennaro
Yes
Mayor Pro Tem McCoy
Yes
Commissioner Murphy
Yes
-
Commissioner Neugent
No
_
CommissionerSpehar
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor
MONROE COUNTY ATTO NEY
APPROVED AS 7 R
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UNITED STATES ENVIRONMENTAL_ PROTECTION AGENCY
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ii REGION 4
r` WATER MANAGEMENT DIVISION
i��r�4 PeUTE��� SOUTH FLORIDA OFFICE
400 NORTH CONGRESS AVE., SUITE 120
VVEST PALM REACH, FLORIDA 33401
November 22, 2008
Richard Grosso, Esq.
Nova Southeastern University
Shepard Broad Law Center
3305 College Avenue
Ft. Lauderdale, FL 33314-7721
Dear Mr. Grosso:
It has come to my attention that some residents of No Name Key (Monroe
County), Florida have argued that No Name Key is a water quality "hot spot' and thus
slated to receive a central collection and treatment system that would require electricity to
accomplish. That argument is not supported by the facts. The canal system at No Name
Key was on a preliminary list of canals that were identified as potential sources of
degraded water to receiving waters. All canals on that list were originally identified as
"hot spots." However, No Name Key was not identified as a hot spot for wastewater
planning. Thus, part of the confusion in this matter is semantic.
No Name Key was identified in the Monroe County Sanitary Wastewater Master Plan
as a "cold spot', meaning that it was determined that wastewater improvements could be
accomplished effectively with onsite, not central collection and treatment, wastewater
systems. It is my understanding that the designation of No Name Key as a cold spot for
wastew::ter planning is included in a Monroe County Ordinance.
Because the confusion in this matter stems in part from a misinterpretation of the
history of listings of degraded water bodies, I have included below a brief discussion of
the salient facts. This history is discussed in "Water Quality Concerns in the Florida
Keys: Sources, Effects, and Solutions" (EPA 904-R-99-005).
In 1985, FDEP sampled the major residential canal systems and other near
shore waters in the Keys from Ocean Reef to Key West in support of
designation of the Keys as an "Outstanding Florida Water." The report
concluded that many of the canals have degraded water, "often below
standards." The canal at Bahia Shores Subdivision, No Name Key, was
included in that water quality sampling program.
2. The canals and other near shore waters that were sampled during the IQ
Outstanding Florida Water Study appeared as a list of potential sources of I I
degraded water quality to receiving waters in a planning document that was 1 y
prepared during the development of the Water Quality Protection Program for
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the Florida Keys National Marine Sanct
Table 6-4). All the areas sampled were identified as "water quality hotspots",
i.e. areas with known or suspected severely degraded water quality.
The list of water quality hotspots was revised and updated at an interagency
workshop sponsored by the South Florida Water19, Management District (March
thehe 1996). Also, a new list was prepared that included the relative ranking of
top 19 canal systems and other waters that demonstrate poor water quality
based on the literature and the collective experience of the participants of the
workshop. This new list is included as pages 3 through 5 of Table 5 (Floridaer Quality
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Keys -Priority Water Quality Hot Spots) in the publication "Wat Concerns in the Florida Keys: Sources, Effectsand Soltions". Note that the
text of that EPA Report has a typographical error and states that the meeting
occurred on April 16, 1996 (page 19). The new list also included a brief
description of the potential solutions to water quality problems for each of the
Prioritized water quality hot spots. No Name Key was not on the revised list
of water quality hotspots.
4. The Monroe County Sanitary Wastewater Master Plan took a fresh look at all
areas of the Keys and evaluated them based upon their potential addition to receiving waters, number and density of houses, nutrient
eco other environmental considerations. Serviceeconomics, and
areas were ranked based upon
Potential for environmental harm and designated as either a "hotspot for
wastewater planning" or a "cold spot for wastewater planning." Hot spots
could best be served with central collection and treatment systems. Cold spots
could best be served by onsite treatment systems. No Name Key was
identified as a cold spot in the Wastewater Master Plan.
I hope that this summary of the history helps you understand the source of the
controversy over the status of No Name Key in wastewater planning.
questions or wish to discuss this If you have any
in any more detail, you may reach me by telephone
(561 310-9145 cell phone; 305 872-5690 home) or email (kruczynski.bill@epa.gov).
Sincerely,
�Iit� A
William L. Kruczyns
Program Scientist
Florida Keys National Marine Sanctuary
Water Quality Protection Program