Item G10 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: Growth Management
Bulk Item: Yes X No _ Staff Contact Person/Phone #: Christine Hurley 289-2517
AGENDA ITEM WORDING: Approval of the Monroe County Area of Critical State (ACSC) Annual
Work Program Report, pursuant to Rule 28-20.140, F.A.C., which will be sent to the Department of
Economic Opportunity (DEO).
ITEM BACKGROUND: Attached is the Monroe County ACSC Annual Work Program Progress
Report, pursuant to Rule 28-20.140, F.A.C. The Report (see attached matrix) includes Monroe County
comments (41h column) related to progress that has been made over the past year toward the tasks in the
Work Program.
The State Land Planning Agency or DEO (formerly the Department of Community Affairs) will use the
information provided by Monroe County to develop its Area of Critical State Concern Annual Report to
the Administration Commission (Governor and Cabinet), pursuant to Section 380.0552(4), F.S., and
Rule 28-20.140(3)(a), F.A.C. This report is reviewed by the Administration Commission to evaluate the
progress each governmental entity has made toward achieving the work program task objectives and to
determine whether to recommend a decrease in annual allocations for housing units.
In summary, Rule 28-20.140, F.A.C., includes a Work Program for Monroe County with a total of 50
tasks to complete (between 2011 until 2015) under four major topics: 1. Carrying Capacity Study
Implementation; 2. Wastewater Implementation; 3. Wastewater Project Implementation and 4.
Stormwater Treatment Facilities. Since the 2012 Area of Critical State Concern Annual Report by DEO,
the County has achieved 27 of the Work Program tasks (several are continual annual requirements). The
attached Report (matrix provided by the State to the County) includes 21 remaining or incomplete Work
Program tasks, including the continual annual requirements. The County is actively working on the
remaining tasks, which mainly include wastewater project implementation tasks. There are three Work
Program tasks [(5)(a)l, 3 and 4] related to the tier maps which are not being pursued. On August 22,
2013, Monroe County sent a letter to the Administration Commission requesting that Rule 28-20.140,
F.A.C. be amended to remove the requirement to adopt the Tier Overlay Zoning Maps into the
Comprehensive Plan as an overlay to the Future Land Use Map.
Contributors to the status report include: Growth Management Division, Public Works & Engineering
Department, Key Largo Wastewater Treatment District, and the Monroe County Land Authority. Also
attached are reports from the Monroe County Land Authority that are required annually.
PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the BOCC directed staff to write a letter to
the Administration Commission to request that Rule 28-20.140, F.A.C., be amended to remove the requirement to
adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 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#
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2 6
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor George ,Neugent,Heather
District 2
Mayor Pro Tern,Heather Carruthers,District 3
The Florida Keys Danny L.Kolhage,District 1
is David Rice,District 4
Sylvia J.Murphy,District 5
Mayor George R.Neugent
25 Ships Way
Big Pine Key,Florida 33043
Neup-ent-georr,e@monroecounty-fl.gov
August 22,2013
The Honorable Rick Scott,Governor Pam Bondi,Attorney General
The Capitol The Capitol
Tallahassee,FL 32399-0001 Tallahassee,Florida,32399-1050
Adam Putnam,Commissioner of Agriculture Jeff Atwater,Chief Financial Officer
The Capitol The Capitol
Tallahassee,FL 32399-0810 Tallahassee,FL 332399-0300
Dear Governor and Cabinet:
Administration Commission Rule 28-20.140,F.A.C.,which was ratified by the Legislature in 2011,includes six Work
Program Tasks [28-20.140(5)(a)l,2, 3,4,5,and 61 requiring the County to adopt policies relating to the Tier System
into the Comprehensive Plan, adjust Tier boundaries on the Tier Zoning Overlay maps [(5)(a)2] and amend its
Comprehensive Plan to adopt the Tier System Maps as an overlay onto the Future Land Use Map (FLUM) Series
[(5)(a)1,3 and 4].
Monroe County has completed Work Program task(5)(a)2 with the adoption of four(4)ordinances [Ordinance 005-
2011,006-2011,007-2011, and 008-2011]on May 4,2011,revising or assigning the tier overlay designation for 3,394
parcels based upon recommendations from the Tier Designation Review Committee Work Group, Monroe County
staff,the Planning Commission,Board of County Commissioners and the public.The Administration Commission and
the Department of Economic Opportunity (DEO) have also reported that the County has completed Work Program
task(5)(a)2,which is to amend the Tier Overlay Maps to more accurately reflect the criteria for each Tier as amended
by Final Order DCA07-GM166 (DOAH Case No. 06-2449GM— Petitioners: Florida Keys Citizens Coalition, Inc,
Protect Key West and the Florida Keys, Inc, and Last Stand; Respondents: Department of Community Affairs and
Monroe County).
The County processed additional revisions to the tier designations for 393 parcels that were not included in the
challenge (DOAH Case No. 06-2449GM) but requested by the plaintiff. Further, the County identified 77 offshore
island parcels for review because these parcels were not given a tier designation at the time of the adoption of the
original Tier Ordinances in 2006. These were adopted by the Board of County Commissioners on March 20, 2013.
The amendments (Ordinances 14-2013 and 15-2013)have been approved by DEO and became effective on July 12,
2013.
At this point,all 44,000 parcels in the County presently have a Tier designation. Throughout the process of updating
information and adopting the tier amendments,the County was concerned with the possibility of new administrative
proceedings pursuant to Section 120.569 and 120.57,F.S., which could delay the effectiveness of the ordinances and
create significant cost and legal demands on the County.
The County could not proceed with the next steps of completing Work Program Tasks(5)(a)1,3 and 4 to adopt of the
entire set of Tier Overlay maps into the Comprehensive Plan as an overlay to the FLUM until all 44,000 parcels had an
effective tier designation. Now that all of the undesignated or invalidated parcels have a tier designation and are
effective as an overlay district on the County's Land Use District (Zoning) Maps, starting the process over and
Page 1 of 3
adopting the maps (approximately 44,000 parcels)as a Comprehensive Plan FLUM overlay district would expose the
County and every parcel with a Tier designation to potential challenges by affected persons, as defined by Section
163.3184(1)(a),F.S. County legal staff has studied the legal differences in the maps being in the Comprehensive Plan
and Land Use District(Zoning)Maps. A legal opinion is attached.
On July 17, 2013, the Monroe County Board of County Commissioners discussed the requirement of the
Administration Commission Rule to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan. This
discussion included the significant exposure (including restarting the appeal clock and adding possible takings claims
against the County), costs,personnel demands and attorney fees to the County. Further discussing the duplication of
maps in the Comprehensive Plan and Zoning Maps seems to be unnecessary and a redundant process when DEO
reviews both FLUM and Zoning Maps in an Area of Critical State Concern and has the ability to approve or reject
proposed zoning map amendments or file a petition with the Division of Administrative Hearings on a proposed
FLUM amendment.
Following a presentation by County Growth Management and legal staff,the BOCC unanimously approved a motion
to direct staff to write a letter to the Administration Commission to request that Rule 28-20.140,F.A.C.be amended to
remove the requirement to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
Monroe County respectfully requests the Administration Commission consider amending Rule 28-20.140 F.A.C., to
delete Work Program Tasks(5)(a)1,3 and 4:
1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning
Overlay Maps and System)into the Comprehensive Plan based upon the recommendations of the Tier
Designation Review Committee with the adjusted Tier boundaries.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program
found in Rule 28-20.110, F.A.C., and to establish objectives to develop a build-out horizon in the
Florida Keys and adopt conservation planning mapping into the Comprehensive Plan.
4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation planning
mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the recommendations of the
Tier Designation Review Committee Work Group.
Such action will not impede DSO's authority to review and approve all future amendments to the adopted Tier Zoning
Overlay Maps,will not lessen any protection of habitat,and will protect both the State and Monroe County from new
potential challenges to the Tier Overlay Zoning Map System which is presently in effect.
While Monroe County is requesting the deletion of tasks which require the adoption of the tier maps into the
Comprehensive Plan,the County will pursue the completion of Work Program Tasks(5)(a)2,5,and 6:
2. By July 1, 2012, Monroe County shall adjust the Tier 1 and Tier IIIA (SPA) boundaries to more
accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166 and implement
the Florida Keys Carrying Capacity Study, utilizing the updated habitat data, and based upon the
recommendations of the Tier Designation Review Committee Work Group.
5. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated
habitat data and establish a regular schedule for continued update to coincide with evaluation and
appraisal report timelines.
6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work
Group Review Committee to consist of representatives selected by the Florida Department of
Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission, United
States Fish & Wildlife Service, Department of Environmental Protection and environmental and other
relevant interests. This Committee shall be tasked with the responsibility of Tier designation review
utilizing the criteria for Tier placement and best available data to recommend amendments to ensure
implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed
amendments shall be recommended during 2009 and subsequently coincide with the Evaluation and
Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows
the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation
and appraisal report submitted following the 2011 evaluation and appraisal report shall also include
an analysis and recommendations based upon the process described above.
Page 2of3
These tasks require the adoption of policies which require the continued update of the habitat data and the adjustment
to the tier boundaries,coinciding with the State Evaluation and Appraisal Report timelines,following a review by the
Tier Designation Review Committee Work Group.
The County continues to make progress in achieving the Administration Commission's Work Program and we are
pleased to continue to work with you and DEO to protect all significant resources of the Florida Keys and maintain our
economic prosperity. Thank you for your consideration.
Sincere ,
4
le-
/George Nerent..Mayor
Monroe County Board of County Commissioners
CC: Mayor Pro Tem Heather Carruthers
Commissioner David Rice
Commissioner Sylvia Murphy
Commissioner Danny Kolhage
Roman Gastesi,County Administrator
Bob Shillinger,County Attorney
Christine Hurley,Growth Management Director
Jesse Panuccio,Executive Director,Florida DEO
Robert N.Sechen,General Counsel,Florida DEO
William B.Killingsworth,Director of Community Development,Florida DEO
Rebecca Jetton,Area of Critical State Concern Administrator,Florida DEO
Enclosures: Legal Opinion
Rule 28-20.140,F.A.C.
BOCC AIS,Item
Page 3 of 3
Mayor George Neugent,District 2
Mayor Pro Tem,Heather Carruthers,District 3
U N TYM O N RO E Danny L.Kolhage,District 1
KEY WEST FLORIDA 33040 David Rice,District 4
O 4
(305)2944641 Sylvia J.Murphy,District 5
Robert B.5hilllinger,County Attorney** Office of the County Attorney
Pedro I Mercado,Assistant County Attorney** I 1111 121°Street,Suite 408
Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** `' (305)292-3470—Phone
Cynthia L.Hall,Assistant County Attorney** (305)292-3516—Fax
Christine Limbert-Barrows,Assistant County Attorney**
Derek V.Howard,Assistant County Attorney**
Lisa Granger,Assistant County Attorney
Steven T.Williams,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
MEMORANDUM
TO: Christine Hurley, Growth Management Director
FROM: Susan Grimsley,Assistant County Attorney
DATE: August 13,2013
RE: Standing of Affected Persons to Challenge FLUM Overlay
You requested an explanation of the process for challenging a county wide zoning map amendment in the
County's Land Development Regulations as opposed to challenging a future land use map amendment,and
who may challenge each type of amendment.
For purposes of this memo,I will assume you are talking about adoption of the Tier Overlay Maps in the
Monroe County Land Development Regulations on the Land Use District(Zoning)Map,which was recently
completed, and the adoption of a tier overlay on the Monroe County Future Land Use Map as part of the
Monroe County Year 2010 Comprehensive Plan. The initial Tier Maps were adopted in 2006 by Ordinance
013-2006 along with other land development regulations implementing their use.Environmental groups
whose"substantial interests" could have been adversely affected challenged the consistency of the criteria and
the mapping with the Comprehensive Plan.
The completion of the final tier map amendments was accomplished by the adoption of Ordinances 014-2013
and 015-2013,which included other parcels that the challengers wanted reviewed along with some un-tiered
properties. The entire process for all 44,000 parcels to be assigned a tier and be effective took approximately
7 years.
1. Land Development Regulations and Challenges
In an area of critical state concern,land development regulations are reviewed by the state land planning
agency and a final order is published in the Florida Administrative Register.' The tier maps, as part of the
'Fla.StaL §380.05(6)(2012).
1
land development regulations, may be challenged by filing a petition pursuant to Chapter 120, Section
120.57.2
The challenge must be filed within 21 days of publication. Pursuant to Florida Statutes, Section 120.569,the
proceedings under Chapter 120 may be used in all proceedings in which the"substantial interests"of a party
are determined by an agency. To be a substantially interested party it must be shown that: (1)The party will
suffer injury-in-fact which is of sufficient immediacy to entitle him to a hearing, and(2)the party's
substantial injury is of a type or nature which the proceeding is designed to protect.3
There are further requirements for standing of an association to show it is substantially affected. Those
requirements are: (1)A substantial number of its members, although not necessarily a majority, are
substantially affected; (2) The subject matter is within the association's general scope of interest and activity;
(3)The relief is of the type appropriate for an association to receive on behalf of its members.4
There is,in the case of a challenge to land development regulations, at least some requirement of an injury for
individual standing and the standing of associations,and therefore, some limitation on standing to challenge
the County's Land Development Regulations pursuant to Florida Statutes, Section 380.05(6) and Florida
Statutes, Chapter 120.
The state land planning agency has the burden of proving the validity of the final order.
2. Challenges to the Comprehensive Plan including the Future Land Use Map
"No proposed local government comprehensive plan or plan amendment that is applicable to a designated area
of critical state concern shall be effective until a final order is issued finding the plan or amendment to be in
compliance as defined in paragraph(1)(b)."5
Challenges to the comprehensive plan are brought pursuant to Florida Statutes, Section 163.3184,E which
states as follows:
(5)Administrative Challenges to Plans and Plan Amendments.
(a)Any affected person as defined in paragraph(1)(a)may file a petition with the Division of
Administrative Hearings pursuant to ss. 120.569 and 120.57, with a copy served on the affected
local government,to request a formal hearing to challenge whether the plan or plan amendments
are in compliance as defined in paragraph(1)(b). This petition must be filed with the division
within 30 days after the local government adopts the amendment. The state land planning agency
may not intervene in a proceeding initiated by an affected person.
Z Id.("No proposed land development regulation within an area of critical state concern becomes effective under[§380.05(6)]
until the state land planning agency issues its final order or,if the final order is challenged,until the challenge to the order is
resolved pursuant to Chapter 120.").
l See Palm Beach County Envtl. Coalition v. Fla.Dept of Envtl. Prot., 14 So.3d 1077(Fla.Dist.Ct.App.4th Dist.2009);
see also Donna Melzer et al. v.Martin County,2010 Fla.ENV LEXIS 109,Case No.DCA 10-GM-063, 1 F.A.L.R. 170(Fla.
Dep't Community Aff.2010);see also Agrico Chem. Co. v.Dept of Envd.Regulation,406 So.2d 482(Fla.Dist.Ct.App.2d
Dist. 1981).
4 See Melzer et al.,supra note 3,at 12;see also Rosenzweig v.DOT,979 So.2d 1050(Fla.Dist.Ct.App. I st Dist.2008);see
also NAACP v.Fla.Bd.of Regents,822 So.2d 1 (Fla.Dist.Ct.App. I st Dist.2002);see also Fla.Home Builders Asso v.
Dept of Labor&Employment Sec.,412 So.2d 351 (Fla. 1982).
'Fla.Stat. §163.3184(13)(2012).
6 See Fla.Stat. §163.3184(5);see also Fla.Stat. §380.05(6)(2012).
2
The definition is provided in Florida Statutes, Section 163.3184 as follows:
(1) Definitions.—As used in this section,the term:
(a) "Affected person" includes the affected local government; persons owning property,residing, or
owning or operating a business within the boundaries of the local government whose plan is the subject of the
review; owners of real property abutting real property that is the subject of a proposed change to a future land
use map; and adjoining local governments that can demonstrate that the plan or plan amendment will produce
substantial impacts on the increased need for publicly funded infrastructure or substantial impacts on areas
designated for protection or special treatment within their jurisdiction.
(b)Each person,other than an adjoining local government,in order to qualify under this definition,
shall also have submitted oral or written comments,recommendations, or objections to the local government
during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending
with the adoption of the plan or plan amendment.
The definition of"affected person"as provided in the statute is broader than those of a person whose
"substantial interests" are affected for a challenge to the ordinances which approved the Tier Maps in the
Monroe County Land Development Regulations since the definition of an affected person for purposes of
challenging a comprehensive plan amendment requires only residency,property ownership, or operation of a
business within the boundaries of the local government or jurisdiction, whereas a challenger to a Land
Development Regulation must demonstrate some sort of injury to establish standing. Clearly,the category of
challengers to a comprehensive plan amendment is far more expansive than what is usually required in a
Chapter 120 proceeding.
Public participation in the Tier Map process will not be inconsequential as demonstrated by the"re-tiering"
hearings after the challenge in 2006 resulted in new map adoption hearings. The requirement to have made
comments during the comment period provided will not deter citizens from qualifying under the statute. This
will open the door to more challenges to the adoption of the tier maps into the comprehensive plan than the
adoption of the tier maps into the land development code. More persons may be statutorily permitted to file a
challenge.
Please note that the challenge to a comprehensive plan amendment is not dependent on the Notice of Intent
from the Department of Economic Opportunity,but simply has to be done within 30 days of the adoption of
the amendment.The state land planning agency may not intervene in an action by an affected party; the
County is left to defend the adoption.
Fla.Stat.§163.3184(5)(a)(2012).
3
28-20.140 Comprehensive Plan.
(1)The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to
read as follows:
(2)Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit
Allocation System shall supersede Policy 101.2.1.
(b)The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a
total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year's ROGO
allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate
allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for
affordable housing and Administrative Relief from ROGO year to ROGO year.Unused allocations for market rate shall be available
for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve-
month period beginning on July 13.
(c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No
exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the
comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the
Department and the local government in the critical areas.
(d)Through the Permit Allocation Systems,Monroe County shall direct new growth and redevelopment to areas served or that
would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned
funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of
Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing development of new principal
structures,Monroe County,shall coordinate with the central wastewater facility provider and shall increase an applicant's score by
four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater
treatment facility has been constructed that meets the treatment standards of Section 403.086(10),F.S.,and where treatment capacity
is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies
within the service area of the wastewater treatment facility.
(3)Reporting and Oversight.
(a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to the
Administration Commission documenting the degree to which the work program objectives for the work program year have been
achieved.The Commission shall consider the findings and recommendations provided in those reports and shall determine whether
progress has been achieved.If the Commission determines that progress has not been made,the unit cap for residential development
shall be reduced by 20 percent for the following ROGO year.
(b)If the Commission determines that progress has been made for the work program year,then the Commission may restore the
unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO year.
(c)Notwithstanding any other date set forth in this plan,the dates set forth in the work program shall control where conflicts
exist.
(d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 381.0065(4) and
403.086(l0),F.S.Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the
Department of Health to enforce Sections 381.0065(4)and 403.086(10),F.S.
(4)Policy 216.1.19.Hurricane Modeling.
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County
Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a
Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike
in Homestead/Florida City.
(5)WORK PROGRAM.
(a)Carrying Capacity Study Implementation.
1.By July 1,2012,Monroe County shall adopt the conservation planning mapping(the Tier Zoning Overlay Maps and System)
into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier
boundaries.
2.By July 1,2012,Monroe County shall adjust the Tier I and Tier MA(SPA)boundaries to more accurately reflect the criteria
for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying Capacity Study, utilizing the
updated habitat data,and based upon the recommendations of the Tier Designation Review Committee Work Group.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110,
F.A.C.,and to establish objectives to develop a build-out horizon in the Florida Keys and adopt conservation planning mapping into
the Comprehensive Plan.
4. By July 1,2012,Monroe County shall create Objective 106.2 to adopt conservation planning mapping(Tier Maps) into the
Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Group.
5.By July 1,2012,Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and establish a
regular schedule for continued update to coincide with evaluation and appraisal report timelines.
6.By July 1,2012,Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review Committee
to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish &
Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and
environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review
utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and
adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall be recommended during 2009 and
subsequently coincide with the Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal
review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and
appraisal report submitted following the 2011 evaluation and appraisal report shall also include an analysis and recommendations
based upon the process described above.
7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report
annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and
Big Pine Key Tier H lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four
(4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those
sources available to the County and the Monroe County Land Authority.
8.By July 1,2012,Monroe County shall adopt Land Development Regulations to require that administrative relief in the form
of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier I lands
unless,after 60 days from the receipt of a complete application for administrative relief,it has been determined the parcel will not be
purchased by any county, state, federal or any private entity. The County shall develop a mechanism to routinely notify the
Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for
administrative relief.
9. By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a
Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable
density/intensity.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and
apply annually to at least one state or federal land acquisition grant program.
11. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Community
Affairs,Division of Emergency Management, Marathon,Islamorada, Key West, Key Colony Beach, and Layton after a notice and
comment period of at least 30 days for interested parties.The memorandum of understanding shall stipulate,based on professionally
acceptable data and analysis, the input variables and assumptions, including regional considerations,for utilizing the Florida Keys
Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the
population of the Florida Keys.
12. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the
memorandum of understanding to complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State
Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity
Study constraints.This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality
in the Keys.
13.By July 1,2012,the County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane
Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities
Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and address appropriate
adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine the
remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions
to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon,
Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24 hour
evacuation clearance time.If necessary,the Department of Community Affairs shall work with each local government to amend the
Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.
15.By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend the
Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission.
(b)Wastewater Implementation.
1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe
County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2.By December 1,2013,Monroe County shall work with the owners of wastewater facilities and onsite systems throughout the
County and the Department of Health(DOH) and the Department of Environmental Protection(DEP)to fulfill the requirements of
Sections 403.086(10)and 381.0065(3)(h)and(4)(1),F.S.,regarding implementation of wastewater treatment and disposal.This will
include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 treatment and
disposal standards.
3.By July 1,2011,Monroe County shall annually draft a resolution requesting the issuance of$50 million of the$200 million
of bonds authorized under Section 215.619,F.S.,and an appropriation of sufficient debt service for those bonds,for the construction
of wastewater projects within the Florida Keys.
4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish the
County's annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds
authorized under Section 215.619,F.S.,and to assure the timely completion of work as necessary to fulfill any terms and conditions
associated with bonds.
5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply
annually to at least one state or federal grant program for wastewater projects and connections.
6.By July 1, 2011,Monroe County shall develop and implement local funding programs necessary to timely fund wastewater
construction and future operation,maintenance and replacement of facilities.
7. By December 1, 2013, the County shall provide a report of addresses and the property appraiser's parcel numbers of any
property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County
Health Department,Department of Environmental Protection,and the Department of Community Affairs. This report shall describe
the status of the County's enforcement action.
(c)Wastewater Project Implementation.
1.Key Largo Wastewater Treatment Facility.Key Largo Wastewater Treatment District is responsible for wastewater treatment
in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a.By July 1,2012,Monroe County shall complete construction of the South Transmission Line;
b.By July 1,2013,Monroe County shall complete design of Collection basin C,E,F,G,H,I,J,and K;
c.By July 1,2012,Monroe County shall complete construction of Collection basins E-H;
d.By December 1,2011,Monroe County shall schedule construction of Collection basins I-K;
e.By July 1,2011,Monroe County shall complete construction of Collection basins I-K;
f.By July 1,2011,Monroe County shall complete 50%of hook-ups to Key Largo Regional WWTP;
g.By July 1,2012,Monroe County shall complete 75%of hook-ups to Key Largo Regional WWTP;
h.By July 1,2013,Monroe County shall complete all remaining connections to Key Largo Regional WWTP.
2.Hawk's Cay,Duck Key and Conch Key Wastewater Treatment Facility.
a.By July 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and
collection system;
b.By July 1,2013,Monroe County shall complete construction of Duck Key collection system;
c.By July 1,2012,Monroe County shall initiate property connections to Hawk's Cay WWTP;
d.By December 1,2012,Monroe County shall complete 50%of hook-ups to Hawk's Cay WWTP;
e.By July 1,2013,Monroe County shall complete 75%of hook-ups to Hawk's Cay WWTP;and
f.By July 1,2014,Monroe County shall complete all remaining connections to Hawk's Cay WWTP.
3.South Lower Keys Wastewater Treatment Facility(Big Coppitt Regional System).
a.By July 1,2012,Monroe County shall complete 75%hookups to South Lower Keys WWTP;and
b.By July 1,2013,Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4.Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater
Treatment Facility,the Central Area(Cudjoe,Summerland,Upper Sugarloaf)collection system and the Central Area Transmission
Main;
b. By October 1, 2012,Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
d.By February 1, 2012,Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System
and Transmission Main;
e.By February 1,2015,Monroe County shall complete construction of Outer Area collection and transmission main;
f.By July 1,2014,Monroe County shall initiate property connections-complete 25%of hook-ups to Cudjoe Regional WWTP;
g.By July 1,2015,Monroe County shall complete 50%of hook-ups to Cudjoe Regional WWTP;and
h.By December 1,2015,Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d)Stormwater Treatment Facilities.
1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County shall
identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2.By July 1,2011,Monroe County shall apply for stormwater grants from the South Florida Water Management District.
3.By July 1,2011,Monroe County shall complete Card Sound Road stormwater improvements.
Rulemaking Authority 380.0552(9),380.05(22)FS.law Implemented 380.0552 FS.History-New 6-17-11.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17,2013 Division: Growth Management
Bulk Item: Yes _ No X Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: Discussion and direction on the requirement of Administration
Commission Rule to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
ITEM BACKGROUND: Administration Commission Rule 28-20.140,F.A.C.,which was ratified by
the Legislature in 2011, includes six Work Program Tasks [28-20.140(5)(a)l, 2, 3, 4, 5, and 6]
requiring the County to adjust Tier boundaries Tier Zoning Overlay maps [(5)(a)2 ] and amend its
Comprehensive Plan to adopt the Tier System Maps onto the Future Land Use Map Series [(5)(a)1, 3
and 4].
Monroe County has completed Work Program task (5)(a)2 with the adoption of four (4) ordinances
[Ordinance 005-2011, 006-2011, 007-2011, and 008-2011] on May 4, 2011, revising or assigning the
tier overlay designation for 3,394 parcels based upon recommendations from the Tier Designation
Review Committee Work Group, Monroe County staff, the Planning Commission, Board of County
Commissioners and the public. The Administration Commission and the Department of Economic
Opportunity (DEO) have also reported that the County has completed Work Program task (5)(a)2,
which is to amend the Tier Overlay Maps to more accurately reflect the criteria for that Tier as
amended by Final Order DCA07-GM166.
Additionally, the plaintiff in DOAH Case No. 06-2449GM requested additional revisions to the tier
designations—for 393 parcels that were not included in the challenge. Further, the County identified
77 offshore island parcels for review because these parcels were not given a tier designation at the time
of the adoption of the original Tier Ordinances in 2006. Collectively, the County refers to these
additional Tier designation revisions as the `Volume A amendments.'
The Volume A amendments [Ordinances 014-2013 and 015-2013] were adopted by the Board of
County Commissioners on March 20, 2013. These amendments are currently under review by DEO;
with an anticipated final order publish date of June 21,2013. Assuming the June 21st publish date and
no challenges, the Volume A amendments will be effective by July 12th. The County has been
awaiting the completion of the DEO review,the expiration of the appeal period, and for the Volume A
Tier designation amendments to become effective — to initiate the discussion of the County adopting
the Tier Maps into the Comprehensive Plan (which is required by Work Program Tasks (5)(a)l, 3 and
4).
Throughout the process of updating information and adopting the six(6) ordinances, the County
has been concerned with the possibility of new administrative proceedinas pursuant to Section
120.569 and 120.57, F.S.. which could delay the effectiveness of the ordinances and create
significant cost and demands to the County.
Completing Work Program Tasks (5)(a)1, 3 and 4 (adoption of the entire set of Tier Overlay maps into
the Comprehensive Plan) could expose the County and every parcel (--44,000) with a Tier designation
to a potential challenge.
Monroe County Legal and Growth Management staff met with staff of the Department of Economic
Opportunity on June 17,2013,to discuss this issue.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners adopted Tier Ordinances Nos. 008-2006, 009-
2006, 010-2006, 011-2006 and 013-2006, which set forth criteria in the Land Development
Regulations implementing a Tier System and adopting Tier Overlay District Maps in order to protect
the natural habitat and guide development toward less environmentally sensitive areas.
On May 4,2011,the Monroe County Board of County Commissioners adopted Ordinances Nos.005-
2011, 006-2011, 007-2011 and 008-201,revising or assigning the tier overlay designation for 3,394
parcels.
On March 20,2013,the Monroe County Board of County Commissioners adopted Ordinances Nos.
014-2013 and 015-2013 (Volume A amendments).
CONTRACT/AGREEMENT CHANGES:n/a
STAFF RECOMMENDATIONS: Discussion of the pros and cons of completing Work Program
Tasks(5)(a)l, 3, 4,5, and 6.
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 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#
Rule 28-20.140, F.A.C.
(S) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the
Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the
recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries.
2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier ILIA (SPA)boundaries to
more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166
and implement the Florida Keys Carrying Capacity Study, utilizing the updated habitat data,
and based upon the recommendations of the Tier Designation Review Committee Work Group.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work
Program found in Rule 28-20.110, F.A.C., and to establish objectives to develop a build-out
horizon in the Florida Keys and adopt conservation planning mapping into the
Comprehensive Plan.
4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation
planning mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the
recommendations of the Tier Designation Review Committee Work Group.
S. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of
updated habitat data and establish a regular schedule for continued update to coincide with
evaluation and appraisal report timelines.
6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation
Work Group Review Committee to consist of representatives selected by the Florida Department of
Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission,
United States Fish & Wildlife Service, Department of Environmental Protection and environmental
and other relevant interests. This Committee shall be tasked with the responsibility of Tier
designation review utilizing the criteria for Tier placement and best available data to recommend
amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity
Study. These proposed amendments shall be recommended during 2009 and subsequently coincide
with the Evaluation and Appraisal report timelines beginning with the second Evaluation and
Appraisal review which follows the adoption of the revised Tier System and Maps as required
above adopted in 2011. Each evaluation and appraisal report submitted following the 2011
evaluation and appraisal report shall also include an analysis and recommendations based upon
the process described above.
Amendment Process for adopting the Tier Overlay Zoning Maps into the Comprehensive Plan
Development Review Committee (DRC)
Planning Commission(PC)
BOCC transmittal hearing
County transmits the amendment package to State Land Planning Agency for review
and issuance of an Objections,Recommendations and Comments(ORC)Report.
(60 days after amendment package is found complete).
County receives&reviews ORC report—County may need to address issues raised in
the ORC report by recommending revisions to proposed amendments, providing
additional data and analysis, etc.
The County has 180 days to adopt the amendments, adopt the amendments with
changes or not adopt the amendment.
BOCC adoption hearing
An"affected person"may file a petition with the Division of Administrative
Hearings OAH within 30 days after the BOCC adopts the amendment
County transmits the amendment package to State Land Planning Agency for a
compliance review and issuance of a Notice Of Intent to find the amendment"in-
compliance"or"not-in-compliance"(45 days after package found complete).
NOTE: If an appeal is filed,the CP does not go into effect,while that
administrative appeal is pending. An appeal would require a referral to a DOAH
hearing officer,who would issue an initial order attempting to schedule a hearing
between 30 and 70 days from the date of the initial order but the hearing officer
and/or the parties may seek a hearing date beyond the 70th day. Hearings can last
more than one day;those days are not necessarily consecutive to each other. The
hearing officer has 30 days from the conclusion of the hearing or receipt of the
transcript,whichever is later,to enter a recommended order. F.A.C.28-
106.216(1).The parties may file exceptions to the recommended order within 15
days. A party may file responses to the other party's exceptions within 10 days.
The DEO Secretary would then review the recommended order and exceptions
before entering a final order.
The final order could be appealed to the 1 st or 3rd District Court of Appeal.
Add 6-12 months to timeframe for an Administrative Appeal
Add an additional 6-12 months to timeframe for an Appeal to a District Court
of Appeal
If no appeal,the Comprehensive Plan amendment becomes effective.
Monroe County Land Authority Acquisition of Tier 1,Tier 2,and ROGO Administrative Relief Lands
from August 1,2012 to July 31, 2013
Settlement Admin
Date Block(B)and Lot(L) Subdivision Tier Relief Parcels Acres Cost
8/3/2012 Tract HB Pine Key Acres 1 No 1 1.0 $16,752.00
8/14/2012 Tracts KT, KU, KV, KW, Pine Key Acres 1 No 20 22.6 $239,051.80
8/14/2012 MF, MG, MH, MI, MJ, Pine Key Acres 1 No ------included above-----
8/14/2012 MK, ML, MM, MN, NW, Pine Key Acres 1 No ------included above-----
8/14/2012 NX, NY, NZ, OA, OB, Pine Key Acres 1 No ------included above-----
8/14/2012 and PM Pine Key Acres 1 No ------included above-----
8/17/2012 B17, L4 Eden Pines Colony 1 No 1 0.1 $16,743.50
8/23/2012 B2, L23 Pine Key Yacht Club Estates 1 No 1 0.1 $16,735.00
8/24/2012 L22 Summerfand Estates Resub No. 1 1 No 1 0.2 $4,875.00
8/24/2012 B38, L8 Pine Crest 1 No 1 0.1 $16,735.00
8/30/2012 B23, L6 Port Pine Heights 2nd Addition 1 No 1 0.2 $16,735.00
9/7/2012 RE#00109710-000600 Big Pine Key 1 No 1 1.3 $18,648.00
9/10/2012 RE#00108800-000000 Big Pine Key 1 No 1 4.1 $5,760.50
9/12/2012 B5, L14 and 15 Tropical Key Colony 1 No 2 0.3 $32,819.00
9/12/2012 Tract XG Pine Key Acres 1 No 1 1.0 $16,743.50
9/12/2012 B40, L5 Pine Crest 1 No 1 0.1 $16,735.00
9/25/2012 Tract EM Pine Key Acres 1 No 1 1.0 $16,735.00
9/28/2012 B9, L10 and 11 Palma Sola 1 No 2 0.2 $32,819.00
10/3/2012 RE#00109710-000700 Big Pine Key 1 No 2 2.0 $35,949.10
10/3/2012 RE#00109710-001300 Big Pine Key 1 No ------included above-----
10/26/2012 B8, L7 Largo City 1 No 1 0.1 $16,735.00
10/26/2012 B9, L12 Palma Sofa 1 No 1 0.1 $16,735.00
10/26/2012 B28, L2 and 7 Pine Crest 1 No 2 0.2 $3,189.00
10/30/2012 B11, L11, 12, and 20 Palma Sofa 1 No 3 0.3 $45,893.75
11/2/2012 B3, L2 and 3 Largo City 1 No 2 0.2 $32,819.00
11/9/2012 Parcels AK,AL, and BK Wickfield Acres 1 No 3 3.2 $36,842.00
11/14/2012 Parcel SK Pine Key Acres 1 No 4 4.3 $65,003.00
11/14/2012 Parcels N, W, and Z Wickfield Acres 1 No ------included above-----
11/14/2012 B10, 1-5-7 and 26-28 Thompsons 1 No 6 0.7 $17,993.50
11/15/2012 B4, L17 Summerland Estates Resub No. 2 1 No 1 0.1 $17,335.00
12/5/2012 B18, L13 Eden Pines Colony 2 No 1 0.1 $25,778.75
12/5/2012 B18, L5 Eden Pines Colony 2 No 1 0.1 $25,778.75
12/11/2012 B5, L24 Eden Pines Colony 2 No 1 0.1 $25,751.80
12/14/2012 B18, L6 Eden Pines Colony 2 No 1 0.1 $25,778.75
12/21/2012 B6, L3 Eden Pines Colony First Addition 2 No 1 0.1 $25,778.75
1/16/2013 B8, L4 Eden Pines Colony First Addition 2 No 1 0.2 $26,281.63
1/23/2013 B10, L6 Eden Pines Colony First Addition 2 No 1 0.2 $25,778.75
1/23/2013 B11, L1 Largo Beach 1 No 1 0.1 $6,813.90
1/24/2013 B27, L9 Eden Pines Colony Third Addition 2 No 1 0.2 $16,735.00
1/31/2013 B10, L3-4, 11, and 19-21 Thompsons 1 No 6 0.7 $15,110.00
2/12/2013 B5, L10 Ramrod Shores Marina Section 1 Yes 1 0.2 $32,290.90
2/14/2013 B23, L19 Palm Villa 1 No 1 0.1 $16,743.50
2/14/2013 B23, L20 Palm Villa 1 No 1 0.1 $16,743.50
2/28/2013 B3, L21 Ramrod Shores Marina Section 1 No 1 0.1 $16,735.00
3/5/2013 B7, L10 Ramrod Shores 1 No 1 0.1 $16,735.00
3/8/2013 B5, L25 Ramrod Shores Marina Section 1 No 1 0.2 $30,751.15
Page 1 of 2
Monroe County Land Authority Acquisition of Tier 1,Tier 2,and ROGO Administrative Relief Lands
from August 1,2012 to July 31,2013
Settlement Admin
Date Block(B)and Lot(L) Subdivision Tier Relief Parcels Acres Cost
3/8/2013 B6, L9 Largo City 1 No 1 0.1 $16,735.00
3/14/2013 B7, L17& 18 Ramrod Shores Marina Section 1 No 2 0.3 $32,819.00
3/14/2013 B49, L10; B53, 1-3-5 Port Pine Heights 2nd Addition 1 No 4 0.5 $100,807.70
3/15/2013 B3, L22 Ramrod Shores Marina Section 1 No 1 0.1 $16,735.00
3/25/2013 131, L18 and 19 Ramrod Shores Marina Section 1 No 2 0.3 $32,819.00
4/2/2013 L15 North Sugarloaf Acres Section One 1 No 1 1.0 $8,785.00
4/3/2013 B4, L6 Ramrod Shores Marina Section 1 No 1 0.2 $16,743.50
4/9/2013 Tract AY Pine Key Acres 1 No 1 1.0 $16,735.00
4/9/2013 1311, L1 and west 1/2 L2 Ramrod Shores First Addition 1 No 2 0.2 $16,735.00
4/9/2013 B6, L8 Largo City 1 No 1 0.1 $16,753.00
4/15/2013 B2, L21 Ramrod Shores Marina Section 1 No 1 0.2 $16,735.00
5/7/2013 L33 Whispering Pines 1 No 1 0.5 $39,859.25
5/7/2013 B7, L22 Ramrod Shores Marina Section 1 No 1 0.2 $16,735.00
5/21/2013 B4, L39 Harris Ocean Park Estates 1 No 1 0.1 $16,735.00
5/24/2013 B3, L26 Harris Ocean Park Estates 1 No 1 0.1 $16,735.00
5/29/2013 B15, L6 Port Pine Heights 1 st Addition 1 No 1 0.2 $25,787.25
5/30/2013 B5, L29 and 30 Harris Ocean Park Estates 1 No 2 0.2 $32,819.00
6/4/2013 B5, L7 Eden Pines Colony First Addition 2 No 2 0.6 $60,980.00
6/4/2013 B5, L8 Eden Pines Colony Third Addition 2 No ------included above-----
6/13/2013 B2, L8 Ocean Park Village 1 No 1 0.1 $16,735.00
6/14/2013 B6, L11 and 12 Torch Key Estates 1 No 2 0.2 $32,827.50
6/13/2013 B2, L22 and 23 Harris Ocean Park Estates 1 No 2 0.2 $32,789.60
6/17/2013 B5, L31 Harris Ocean Park Estates 1 No 1 0.1 $16,743.50
6/27/2013 B6, L19 and 20 Torch Key Estates 1 No 2 0.2 $32,799.40
7/2/2013 RE#00113410-000300 Little Torch Key 1 No 1 0.6 $15,472.00
7/2/2013 L19 and 20 Unrecorded plat 1 No 2 2.0 $32,827.50
7/8/2013 RE#00200690-000000 Summerland Key 1 No 1 2.2 $25,247.08
7/26/2013 Tract X13 and X14 Unrecorded plat 1 No 2 1.8 $32,827.50
7/30/2013 B37, L4 Pine Crest 1 No 3 0.4 $36,753.80
7/30/2013 B10, L5 Kinercha 1 No ----included above----
7/30/2013 1311, L18 Palm Villa 1 No ------included above-----
7/30/2013 L10 North Sugarloaf Acres Section One 1 No 1 1.0 $16,735.00
Subtotal of ROGO Administrative Relief Acquisitions 1 0.2 $32,291
Subtotal of Other Acquisitions 124 60.7 $1,867,486
Total of Tier 1,Tier 2, and ROGO Administrative Relief Acquisitions 125 60.9 $1,899,777
Summary of ROGO Administrative Relief Activity
3 Requests Received by MCLA(2 Tier 1 Properties and 1 Tier 3-A Property)
3 Purchase Offers Made to Property Owners
1 Purchase Offer Accepted by Property Owner
Note: In addition to the property listed above, MCLA also purchased 33 parcels of conservation land that was either
designated Tier 3-A or located in the City of Marathon. The total conservation land MCLA acquired during the reporting
period was 158 parcels (68.5 acres)at a cost of$2,542,041.
Page 2 of 2
Monroe on Land Authority FY 2013Budget Status
s of August 20, 2013
Acquisitions Within FL Keys Area of Critical State Concern
General Acquisitions
Budget $4,095,737
Less expenditures ($2,192,806)
Less encumbered funds ($506,488)
Balance $1,396,443
Reserve for ROGO Administrative Relief
Budget $3,849,764
Less expenditures ($34,141)
Less encumbered funds $ -
Balance $ 3,815,623
General Reserves
Contingency $ 500,000
End of Year Cash $ 500,000
Acquisitions Within Key West Area of Critical State Concern
Budget $ 5,547,745
Less expenditures $ -
Less encumbered funds $ (205,000)
Balance $ 5,342,745
i
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. Oil -2013
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS TO AMEND THE CAPITAL IMPROVEMENT
14 ELEMENT TO UPDATE TABLE 4.1, THE 5-YEAR SCHEDULE OF
15 CAPITAL IMPROVEMENTS WITHIN THE YEAR 2010 MONROE
16 COUNTY COMPREHENSIVE PLAN, PURSUANT TO §163.3177(3)(A)
17 AND §163.3177(3)(B), FLORIDA STATUTES; PROVIDING FOR
18 SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
19 PROVISIONS; PROVIDING FOR THE FILING WITH THE
20 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
21
22
23
24 WHEREAS,the Monroe County Board of County Commissioners makes the following Findings:
25
26 1. Pursuant to § 163.3164(7), Florida Statutes, "Capital improvement" means physical assets
27 constructed or purchased to provide, improve, or replace a public facility and which are
28 typically large scale and high in cost. The cost of a capital improvement is generally
29 nonrecurring and may require multiyear financing. For the purposes of this part, physical
30 assets that have been identified as existing or projected needs in the individual
31 comprehensive plan elements shall be considered capital improvements.
32
33 2. Pursuant to §163.3177(3)(a), Florida Statues, the comprehensive plan shall contain a
34 capital improvements element designed to consider the need for and the location of public
35 facilities in order to encourage the efficient use of such facilities.
36
37 3. Pursuant to §163.3177(3)(a)l., Florida Statutes, the comprehensive plan shall contain a
38 component that outlines principles for construction, extension, or increase in capacity of
39 public facilities, as well as outline principles for correcting existing public facility
40 deficiencies, which are necessary to implement the comprehensive plan. The components
41 shall cover at least a 5-year period.
42
43 4. Pursuant to §163.3177(3)(a)2., Florida Statutes, the comprehensive plan shall contain
44 estimated public facility costs, including a delineation of when facilities will be needed,the
45 general location of the facilities,and projected revenue sources to fund the facilities.
46
File#2012-007
Page 1 of 4
47 5. Pursuant to §163.3177(3)(a)3., Florida Statutes, the comprehensive plan shall contain
48 standards to ensure the availability of public facilities and the adequacy of those facilities to
49 meet established acceptable levels of service.
50
51 6. Pursuant to §163.3177(3)(a)4., Florida Statutes, a schedule of capital improvements shall
52 include any publicly funded projects of federal,state,or local government,and may include
53 privately funded projects for which the local government has no fiscal responsibility.
54 Projects necessary to ensure that any adopted level-of-service standards are achieved and
55 maintained for the 5-year period must be identified as either funded or unfunded and given
56 a level of priority for funding.
57
58 7. Pursuant to §163.3177(3)(b), Florida Statutes, the capital improvements element must be
59 reviewed by the local government on an annual basis. Modifications to update the 5-year
60 capital improvement schedule may be accomplished by ordinance and may not be deemed
61 to be amendments to the local comprehensive plan.
62
63 8. Objective 1401.1 of the Year 2010 Comprehensive Plan mandates Monroe County to
64 provide the capital improvements necessary to correct existing deficiencies, to
65 accommodate projected future growth, and to replace obsolete and worn-out facilities, in
66 accordance with an adopted Capital Improvements Program.
67
68 9. Policy 1401.1.1 of the Year 2010 Comprehensive Plan mandates Monroe County to
69 revise the existing County Capital Improvements Program to incorporate the
70 improvements identified in the Five-Year Schedule of Capital Improvements included in
71 Table 4.1 of Capital Improvements Implementation.
72
73 10.Policy 1401.1.2 mandates Monroe County to annually update the Year 2010
74 Comprehensive Plan Five-Year Schedule of Capital Improvements, and further provides
75 that revisions to the schedule shall be incorporated into the Capital Improvements
76 Program on an annual basis.
77
78 11. Monitoring and Evaluation Procedures 5.0 (1) and (2) of the Year 2010 Comprehensive
79 Plan requires that the Five-Year Schedule of Capital Improvements (CIP) be reviewed
80 and updated annually, in order to allocate financial resources to implement the Plan.
81
82 12. The amendment furthers Principle (a) of the Principles for Guiding Development in the
83 Florida Keys Area of Critical State Concern: Strengthening local government capabilities
84 for managing land use and development so that local government is able to achieve these
85 objectives without the continuation of the area of critical state concern designation.
86
87 13. The amendment furthers Principle (h) of the Principles for Guiding Development in the
88 Florida Keys Area of Critical State Concern: Protecting the value, efficiency, cost-
89 effectiveness, and amortized life of existing and proposed major public investments,
90 including: water supply facilities; sewage collection treatment and disposal facilities;
91 solid waste collection and disposal facilities; transportation facilities; parks, recreation
92 facilities, and other publicly owned properties.
File#2012-007
Page 2 of 4
93
94 14. The amendment furthers Principle 0) of the Principles for Guiding Development in the
95 Florida Keys Area of Critical State Concern: Ensuring the improvement of nearshore
96 water quality by requiring the construction and operation of wastewater management
97 facilities that meet the requirements of ss. 381.0065(4)0) and 403.086(10), as applicable,
98 and by directing growth to areas served by central wastewater treatment facilities through
99 permit allocation systems.
100
101 15. The amendment furthers Principle (k) of the Principles for Guiding Development in the
102 Florida Keys Area of Critical State Concern: Limiting the adverse impacts of public
103 investments on the environmental resources of the Florida Keys.
104
105 16. The amendment furthers Principle (n) of the Principles for Guiding Development in the
106 Florida Keys Area of Critical State Concern: Protecting the public health, safety, and
107 welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique
108 Florida resource.
109
110 WHEREAS, The Florida Legislature approved an allocation of$50 million to be used for
ill the construction of new central wastewater treatment and transmission systems in
112 Monroe County. The County's portion will primarily be used for the construction of the
113 Cudjoe Regional Wastewater Treatment Facility.
114
115 WHEREAS, The Monroe County voters approved a referendum on November 6, 2012 to
116 extend the one cent sales tax through 2033 with the proceeds to be used for wastewater
117 projects and other infrastructure projects when wastewater projects are completed.
118
119 WHEREAS, at a regularly scheduled meeting on the 30th day of January, 2013, the Monroe
120 County Planning Commission held a public hearing on this matter and recommended that
121 the Board of County Commissioners adopt the amendments to Table 4.1 Five-Year
122 Schedule of Capital Improvements Fiscal Year 2012 through 2017 of the Year 2010
123 Comprehensive Plan, as shown on the attached Exhibit A and Exhibit Al. Amendments
124 are presented in underline (Exhibit A) to indicate additions to text and strikethrough
125 (Exhibit Al) to indicate deletions. All other words, characters, and language of the
126 comprehensive plan remain unchanged.
127
128 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
129 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
130
131
132 Section 1. The amended Table 4.1 Five-Year Schedule of Capital Improvements Fiscal Year
133 2012 through 2017 of the Year 2010 Comprehensive Plan of the Capital
134 Improvements Implementation Element is hereby adopted and attached hereto as
135 Exhibit A.
136
137 Section 2. If any section, subsection, sentence, clause, item, change, or provision of this
138 ordinance is held invalid, the remainder of this ordinance shall not be affected by
139 such invalidity.
File#2012-007
Page 3 of 4
140 Section 3. This ordinance shall be filed in the Office of the Secretary of the State of Florida and
141 shall become effective as provided by law.
142
143 Section 4. This amendment shall be incorporated into the Monroe County Year 2010
144 Comprehensive Plan.
145
146 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a
147 regular meeting held on the 200'day of February,2013.
148
149 Mayor George Neugent Yes
150 Mayor Pro Tern Heather Carruthers Yes
151 Commissioner David Rice Yes
152 Commissioner Sylvia Murphy Yew
153 Commissioner Danny Kolhage Yes
154
155 BOARD OF COUNTY COMMISSIONERS OF ONROE COUNTY,FLORIDA
156 BY �•
157 Mayor George Neugent
158
159 (SEAL)
160 ATTEST. Am Heavilin, Clerk
161 �J
162 Deputy Clerk 3
163 0 C- a r
r v rJ
r -n
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o
= rrnn
C
M OE COUNTY ATTORNEY
A PROVED AST
Date:
File#2012-007
Page 4of4
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