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Ordinance 029-2008 ORDINANCE NO. 029 - 2008 2 3 AN ORDINANCE BY THE MONROE 4 COUNTY BOARD OF COUNTY 5 COMMISSIONERS ADOPTING AN 6 AMENDMENT TO THE YEAR 2010 7 MONROE COUNTY COMPREHENSIVE 8 PLAN PURSUANT TO F.S. ~163.3177(3)(b); 9 AMENDING SECTION 4.0 CAPITAL 10 IMPROVEMENTS IMPLEMENTATION; I I PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR REPEAL OF I3 INCONSISTENT PROVISIONS; PROVIDING 14 FOR TRANSMISSION TO THE 15 DEPARTMENT OF COMMUNITY AFFAIRS 16 AND THE SECRETARY OF STATE; 17 PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS: The Monroe County Board of County Commissioners makes the following 20 Findings: 21 22 WHEREAS, pursuant to F.S. Sec. 163.3177 (3)(b)1 the capital improvements 23 element shall be reviewed on an annual basis and modified as necessary in order to 24 maintain a financially feasible Five - Year Schedule Of Capital Improvements; and 25 26 WHEREAS, pursuant to F.S. Sec. 163.3177(3)(b)1 an amendment to the 27 comprehensive plan is required to update the schedule on an annual basis or to 28 eliminate, defer, or delay the construction for any facility listed in the Five - Year 29 Schedule Of Capital Improvements; and 30 31 WHEREAS, pursuant to F.S. Sec. 163.3 I 77 (3)(b)1 A local government may 32 not amend its future land use map, except for plan amendments to meet new 33 requilrements under this part and emergency amendments after December I, 2008, 34 and every year thereafter, unless and until the local government has adopted the Capital Improvements Implementation M28082 P. 1 01'17 BOCC: November 19.2008 annual update to the Five - Year Schedule of Capital Improvements and it has been 2 transmitted to the state land planning agency; and 3 4 WHEREAS, pursuant to F. S. Sec. 163.3177 (3 )(b)2 Capital improvements 5 element amendments adopted after the effective date of this act shall require only a 6 single public hearing before the governing board which shall be an adoption hearing; 7 and 8 9 WHEREAS, Objective 1401.1 of the Year 2010 Comprehensive Plan 10 mandates Monroe County to provide the capital improvements necessary to correct I I existing deficiencies, to accommodate projected future growth, and to replace 12 obsolete and worn-out facilities, in accordance with an adopted Capital Improvements 13 Program; and 14 15 WHEREAS, Policy 1401.1.1 of the Year 2010 Comprehensive Plan mandates 16 Momoe County to revise the existing County Capital Improvements Program to 17 incorporate the improvements identified in the Five-Year Schedule of Capital 18 Improvements included in Table 4. I of Capital Improvements Implementation 19 attached as Exhibit A; and 20 21 WHEREAS, Policy 1401.1.2 mandates Monroe County to annually update 22 the Comprehensive Plan Five-Year Schedule of Capital Improvements, and further 23 provides that revisions to the schedule shall be incorporated into the Capital 24 Improvements Program on an annual basis; and 25 26 WHEREAS, Monitoring and Evaluation Procedures 5.0 (I) and (2) of the 27 Comprehensive Plan require that the Five-Year Schedule of Capital Improvements 28 (CIP) be reviewed and updated annually, in order to allocate financial resources to 29 impkment the Plan; and Capital Improvements Implementation M28082 P.2of17 BOCC: November 19,2008 I WHEREAS, the amendment furthers Principal (a) of the Principals for 2 Guiding Development in the Florida Keys Area of Critical State Concern (F.S. Sec. 3 380..0552) "To strengthen local government capabilities for managing land use and 4 development so that local government is able to achieve these objectives without the 5 continuation of the area of critical state concern designation"; and 6 7 WHEREAS, the amendment furthers Principal (h) of the Principals for 8 Guiding Development in the Florida Keys Area of Critical State Concern (F.S. Sec. 9 380.0552) "To protect the value, efficiency, cost-effectiveness, and amortized life of 10 existing and proposed major public investments, including: water supply facilities; II sewage collection and disposal facilities; solid waste collection and disposal facilities; 12 transportation facilities; parks, recreation facilities, and other publicly owned 13 properties"; 14 15 WHEREAS, at a regularly scheduled meeting held on the 4th day of 16 November, 2008, the Monroe County Planning Commission reviewed the proposed 17 ordinance amending the Capital Improvement Implementation Section 4.0 including 18 Sch(:dule 4.1 of the Year 2010 Monroe County Comprehensive Plan; and 19 20 WHEREAS, the Planning Commission recommended that the Board of 21 County Commissioners adopt an amendment to the Year 2010 Monroe County 22 Comprehensive Plan pursuant to F.S. Sec. 163.3 I 77(3)(b); amending Section 4.0 23 Capital Improvement Implementation; and 24 25 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 27 28 Capitallmpmvements Implementation M28082 P.3of17 BOCC: November 19,2008 I Section 1. Table 4.1 Five-Year Schedule of Capital Improvements IS amended as 2 indicated in Attachment Exhibit A. 3 4 Section 2. Section 4.0, Capital Improvements Implementation is amended as follows: 5 6 4.0 Capital Improvements Implementation 7 4.1 Five- Year Schedule of Capital Improvements 8 Table 4.1, Five- Year Schedule of Capital Improvements, lists the public facilities which Monroe 9 County will provide in order to reduce existing deficiencies, provide for necessary replacements, 10 and meet the future demand identified by the Comprehensive Plan. In accordance with Rule 9J-5 II of the Florida Administrative Code, the schedule includes the following public facility types for 12 the five years subsequent to plan adoption (Fiscal Year 2008/2009, which begins on October I, 13 2008, to Fiscal Year 2012/2013, which ends on September 30, 2013): 14 15 1. Transportation facilities including roads, port, and aviation facilities; 16 2. Solid waste; 17 3. Sanitary sewer; 18 4. Drainage; and 19 :;. Parks and Recreation. 20 21 The schedule does not include potable water projects or improvements to US I required 22 to alleviate existing deficiencies because it is anticipated that these projects will be 23 funded by the Florida Keys Aqueduct Authority (FKAA) and Florida Department of 24 Transportation (FOOT), respectively. These projects are presented for information 25 purposes only in Table 4.2. 26 27 The Florida Department of Transportation (FOOT) has proposed adding a turn lane to the 28 Big Pim: Key (segment 10) area of US I. The project was originally conceived as an 29 answer to the level of service (LOS) moratorium which lasted for approximately 10 years 30 beginning in 1995. The project is included in the FOOT 5 year work program which the Capital Improvements Implementation M28082 P. 4 of]7 BOCC: November 19,2008 1 MonrOf: County Board of County Commissioners endorsed in December of 2007. This 2 proposed project was identified in the Big Pine & No Name Key Livable CommuniKeys 3 Plan (master plan) as well as the Big Pine & No Name Key Habitat Conservation Plan 4 (HCP). Currently development within the Big Pine Key area is governed by the 5 Incidental Take (Permit # TE083411-0). This permit allows limited mitigated threatened 6 and endangered species impacts associated with development. The required mitigation 7 associated with this project was anticipated in the development of the HCP. The Growth 8 Management Division maintains the mitigation credits and debits for all projects within 9 this planning area. On September 17, 2008, the BOCC authorized the use of the 10 mitigation bank to facilitate an expedited project completion schedule (Resolution No. 11 293-2008). 12 13 For each project listed in the Five-Year Schedule of Capital Improvements, projected 14 costs and revenue sources are indicated. The projects are described in Sections 4.1.1 to 15 4.1.6. 16 17 4.1.1 Transportation 18 Other County Roads 19 The projects designated as "Other County Roads" in the Five-Year Schedule of Capital 20 Improve:ments include roadway improvement projects throughout the Keys taken from 21 the Division of Public Work's Seven Year Roadway/Bicycle Path Plan. These projects, 22 which are extracted from the Division of Public Work's Seven Year Roadway/Bicycle 23 Path Plan (See Table 4.28 of the Technical Document), are mostly minor roadway 24 widening projects and are unrelated to the level of service standards established for 25 traffic. 26 27 28 29 Capital Improvements Implementation M28082 P. 5 of]7 BOCC: November] 9, 2008 I B. Mass Transit 2 3 Monroe County has a mass transit system through Miami-Dade Transit (MDT) with a 4 contract through American Coach Lines to provide bus service for the corridor between 5 Florida City (Wal-Mart) and City of Marathon. The bus service is known as Dade- 6 Monroe Express with the route designation being #301. Lower Keys Shuttle operates 7 shuttle bus service between Key West and Marathon connecting with Dade-Monroe 8 Express in Marathon to provide bus service from Key West to Florida City (mainland 9 Miami). Scheduled stops are made in Key West, Boca Chica, Big Coppitt, Bay Point, 10 Sugarloaf, Cudjoe Key, Summerland Key, Big Pine Key, and Marathon. The County I I does provide paratransit service to the transportation disadvantaged, the costs of 12 providing this service are considered operating rather than capital expenses. I3 14 C. Ports 15 The Fiv,e-Year Schedule of Capital Improvements does not include any port improvement 16 projects because the only port facility in unincorporated Monroe County, located on 17 Stock Island, is privately owned. 18 19 D. Aviation 20 The Five-Year Schedule of Capital Improvements includes capital projects for both 21 county-operated airports, Key West International and Marathon. These projects, which 22 are listed in Table 6.5 of the Technical Document include expanded terminal facilities for 23 both airports and other miscellaneous improvements. 24 25 4.1.2 Potable Water 26 Table 4.2 lists future improvements which will be made by the FKAA to its distribution 27 system and transmission and supply system to provide for Monroe County's potable 28 water needs through the year 2005. These improvements include projects to increase the Capital Improvements Implementation M28082 P.6of17 BOCC: November 19,2008 I water supply system's storage capacity in order to maintain reliable service during plant 2 or powe:r outages, consistent with Policy 701.6.1 (See Section 3.7). 3 4 Table 4.2 - FKAA Projected 5 Year Capital Improvement Plan Costs ($) TOTALS ($) 31,056,500 600,000 34,613,000 600,000 11,600,000 600,000 6,500,000 600,000 600,000 2,400,000 85,369,500 Source: Florida Keys Aqueduct AuthOl;ty, 2008 5 6 FKAA has a 20-year Water System Capital Improvement Master Plan for water supply, 7 water tmatment, transmission mains and booster pump stations, distribution mains, and 8 facilities and structures, information technology, reclaimed water system, and Navy water 9 system. The master plan was revised in 2008 to include the critical projects as shown in 10 Table 4.2 summarized above. Table 4.2 shows the schedule and costs projected for the II capital improvements to the potable/alternative water systems planned by the FKAA. 12 The total cost of the scheduled improvements is approximately $85 million over the next Capitallmpmvements Implementation M28082 P. 7 of 17 BOCC: November] 9, 2008 5 years., These projects are to be funded by the newly revised water rate structure, long- 2 term bank loans, and grants. 3 4 In 1989 FKAA embarked on the Distribution System Upgrade Program to replace 5 approximately 190 miles of galvanized lines throughout the Keys. FKAA continues to 6 replace and upgrade its distribution system throughout the Florida Keys and the schedule 7 for these upgrades is reflected in their long-range capital improvement plan. The FKAA's 8 Water Distribution System Upgrade Plan calls for the upgrade or replacement of 9 approximately 20,000 feet of water main during fiscal year 2008. 10 II In addition to improvements to the distribution system, FKAA also has significant 12 improv<~ments planned for the water supply and treatment system. FKAA is expanding 13 the treatment capacity at the J. Robert Dean Water Treatment Plant to meet future water 14 demands by construction of Floridian Aquifer supply wells and a 6.0 MGD RO Water 15 Treatment Facility. Also, the FKAA is planning improvements to the transmission and 16 distribution pump stations to improve flow/pressure. 17 18 4.1.3 Solid Waste 19 A. SludlZe/SeptalZe Treatment Facilitv 20 Sludge, septage and leachate generated in Monroe County are currently removed by 21 private (~ontractors for disposal at an out-of-county location. 22 23 B. Alternative Waste Disposal TechnololZV 24 Solid waste generated in Monroe County is currently hauled out of the County by a 25 private contractor for disposal at a sanitary landfill facility owned by the contractor, 26 Waste Management Inc. (WMI), in unincorporated Broward County. 27 28 29 Capital Improvements Implementation M28082 P. 8 of]7 BOCC: November 19, 2008 I 4.1.4 Sanitary Sewer 2 3 Monroe County is designing and constructing sanitary sewer facilities in order to comply with 4 Chapter 99-395 of the Laws of Florida which require construction of Advanced Wastewater 5 Treatment systems by July I, 2010. The proposed service areas for central sewer are based on the 6 results of the Sanitary Wastewater Master Plan that was completed in June 2000. 7 8 The South Lower Keys Regional Wastewater Facility will serve Big Coppitt, Geiger, Rockland 9 and Shark Keys. The collection system, transmission main and treatment plant are under 10 construction; the treatment plant is scheduled to be complete in February 2009 and the collection II system will be fully complete by October 2009. The project cost for planning, design and 12 construction is $35,000,000 and is funded by non ad-valorem assessments, DEP grant, a State 13 Revolving Fund (SRF) loan from DEP and Monroe County sales tax revenue. 14 15 The Cudjoe Regional System, which will serve Lower and Upper Sugarloaf, Summerland, 16 Cudjoe, Torch, Ramrod, Big Pine and No Name Keys is currently under design. Final design is 17 projected to be complete by August 2009. 18 19 The collection system to connect Conch Key to the treatment plant on Duck Key was installed in 20 2003. Design of the plant upgrade and expansion is underway and scheduled to be complete in 21 January 2009. The Duck Key collection system design has been completed. 22 23 4.1.5 Drainage 24 Monroe County completed its Storm water Management Master Plan (SWMMP) in 25 August 2001. The Plan outlined management practices to improve water quality through 26 storm water management and identified various storm water projects for Monroe County, 27 Florida Department of Transportation (DOT) and Florida Department of Environmental 28 Protection (FDEP). Monroe County has completed a number of the projects identified in 29 the SWMMP, including the project at Burton Drive and Prado Circle in Big Coppit!. In 30 addition, stormwater improvements are included in County road projects where Capital Improvements Implementation M28082 P. 9 of 17 BOCC: November 19,2008 I practicable and feasible in accordance with Resolution No. 501-2001. County capital 2 improvement projects include storm water management plans and are constructed to 3 adequately address stormwater quality and retention requirements in accordance with 4 Monroe County Building codes. 5 6 Some recent and future projects and the associated budget for stormwater management 7 facilities are: 8 FY08 - Big Pine Key Community Park, Big Pine Key - $562,988 9 FY08/09 - Murray E. Nelson Government Center, Key Largo - $425,298 10 FY08 - Prado Circle Stormwater Project, Big Coppitt Key - $295,120 II FY09 - Big Pine Key Fire Station, Big Pine Key - $230,000 12 FY09 - Conch Key Fire Station, Conch Key - $120,000 13 FY09- Public Works Facility, Rockland Key - $280,700 14 15 4.1.6 Parks and Recreation 16 The Five-Year Schedule of Capital Improvements lists parkland acquisition and 17 development projects which are necessary to achieve and maintain the level of service 18 standard for activity-based recreational land established in Recreation and Open Space 19 Policy 11201.1.1. Unincorporated Monroe County has enough resource- and activity- 20 based recreation areas to serve the functional population and therefore has a LOS that is 21 adequate. Additionally, there is adequate reserve capacity to accommodate future 22 population increases. 23 24 The projects listed for Fiscal Years 2008/2009 through 2012/2013 are required to 25 accommodate projected future growth permitted by the Future Land Use Element. 26 27 Using the functional population projection for 2007 of 70,432 persons in unincorporated 28 Monroe County, and the LOS standard of 0.82 acres per 1,000 functional population, the 29 demand for resource based recreation areas is approximately 57.75 acres. The county Capital Improvements Implementation M28082 P.IOofl? BOCC: November 19,2008 I currently has enough resource-based land to meet the level of service with an extra 40.21 2 acres of reserve capacity. (Table 4.1.6(1)) Table 4.1.6(1) - Level of Service Analysis for Resource-Based Recreation Areas Upper Keys Total Middle Keys Total Lower Keys Total Total 35,041 , 3,666 '-c-31,725 70,432 28.73 3.01 -- --.------ 26.01 57,75 Source: Monroe County Planning Department, 2007 Based on Unincorpomted Monroe County Functional Population Note: Population figures were updated based on 2007 Pennanent Population Updates. However data was not availablt: by subarea therefore "Subarea" was extrapolated based on percentages of 2006 data for subarea. Seasonal did not change, and the percentage of each category for 2006 remained the same however the total overall pennanent population figure changed 3 4 Level of Service Analvsis for Activity-Based Recreation Areas 5 The Monroe County Year 2010 Comprehensive Plan allows activity-based recreational 6 land found at educational facilities to be counted towards the park and recreational 7 concurrency. There is currently a total of 107.68 acres of developed activity-based 8 recreation areas either owned or leased by Monroe County and the Monroe County 9 School Board. This total represents 47.98 acres in the Upper Keys (including Plantation 10 Key in Islamorada), 10.3 acres in the Middle Keys (including Marathon), and 49.4 acres II in the Lower Keys. Based on a LOS standard of 0.82 acres of activity-based recreation 12 areas per 1,000 functional population in unincorporated Monroe County (35,041-Upper, 13 3,666-middle, and 31,725-Lower), the demand for these recreation areas are 28.73,3.01 14 and 26.01 acres for the Upper, Middle, and Lower Keys, respectively. 15 16 There is currently a reserve of 19.25, 7.29, and 23.39 (Upper, Middle, and Lower) for a 17 total of 49.93 acres of activity-based recreation areas for all of unincorporated Monroe 18 County. Table 4.1.6(2) shows the level of service analysis for activity-based recreation 19 areas in each subarea. Capital Improvements Implementation M28082 P. II of]7 BOCC: November ]9,2008 Table 4.1.6 2) - Level of Service Anal sis for Activi -Based Recreation Areas Upper Keys Total 35,041 47.98 28.73 19.25 Middle Keys Total 3,666 10.3 3.01 7.29 Lower Ke s Total 31,725 49.4 26.01 23.39 Total 70,432 107.68 57.75 49.93 Source: Monroe Count Plannin D artmcnt, 2007 Based on Unineo orated Monroe Count Functional Po ulation Note: Population figures were updated based on 2007 Permanent Population Updates. However data was not availabh~ by subarea therefore "Subarea" was extrapolated based on percentages of 2006 data for subarea. Seasonal did not change, and the percentage of each category for 2006 remained the same however the total overall permanent population figure changed I 2 Future Parks and Recreation PlanniDl! 3 Identifying parks and recreation needs is a part of the on-going Livable CommuniKeys 4 Program. This community based planning initiative looks at all aspects of an area and, 5 among other planning concerns, identifies the parks and recreation desires of the local 6 population. The Livable CommuniKeys Program has been completed on Big Pine 7 Key/No Name Key, Key Largo, Stock Island and Tavernier. The process is near for the 8 Sugarloaf to Little Torch Key area. 9 10 Acquisition of Additional Recreation Areas II The Monroe County Year 2010 Comprehensive Plan states in Objective 1201.2 that 12 "Monroe County shall secure additional acreage for use and/or development of resource- 13 based and activity-based neighborhood and community parks consistent with the adopted 14 level of service (LOS) standards." The elimination of deficiencies in LOS standards for 15 recreation areas can be accomplished in a number of ways. Policy 1201.2.1 of the 16 Comprehensive Plan provides six (6) mechanisms that are acceptable for solving deficits 17 in park level of service standards, as well as for providing adequate land to satisfy the 18 demand for parks and recreation facilities that result from additional residential 19 development. The six (6) mechanisms are: Capital Improvements Implementation M28082 P. 12 of 17 Baec: November 19. 2008 1 1. Development of park and recreational facilities on land that is already owned by 2 llhe county but that is not being used for park and recreation purposes; 3 2. Acquisition of new park sites; 4 3. Interlocal agreements with the Monroe County School Board that would allow 5 for the use of existing school-park facilities by county residents; 6 4. Interlocal agreements with incorporated cities within Monroe County that 7 would allow for the use of existing city-owned park facilities by county 8 residents; 9 5. Intergovernrnental agreements with agencies of state and federal governments 10 that would allow for the use of existing publicly-owned lands or facilities by II county residents; and 12 6. Long-term lease arrangements or joint use agreements with private entities that 13 would allow for the use of private park facilities by county residents. 14 15 To date, the county has employed two of these six mechanisms - acquisition of new park 16 sites and interlocal agreements with the School Board. However, these agreements need 17 to be examined more closely to determine the amount of available acreage for calculating 18 concurrency. Furthermore, Monroe County cannot rely upon joint use facilities to 19 eliminate existing deficiencies or meet future LOS requirements until interlocal, 20 intergovernmental, or private use joint agreements are executed. For instance, the 21 County is currently reviewing and revising the interlocal agreements with the Monroe 22 County School Board to provide greater day time accessibility for students to public 23 recreational facilities. Once executed, these agreements will ensure that the facilities will 24 be available for general use to Monroe County residents to meet peak season, weekend, 25 or time of day recreation demands. 26 27 4.2 Programs to be Adopted in Support of Capital Improvements Goals, Objectives 28 and Policies Capital Improvements Implementation M28082 P. 13 of 17 BOCC: November 19, 2008 I Goals, objectives and policies for capital improvements are presented in Section 3.14. 2 Monroe County will adopt the programs described in Sections 4.2.1 to 4.2.3 in support of 3 these goals, objectives and policies. These programs will ensure that public facilities and 4 services meeting the levels of service standards established in the Comprehensive Plan 5 will be available concurrent with the impacts of development. 6 7 4.2.1 Five-Year Schedule of Capital Improvements 8 Concurrent with plan adoption, projects identified in the Comprehensive Plan Five-Year 9 Schedule of Capital Improvements will be incorporated into the Monroe County Capital 10 Improv{:ments Program. The Five-Year Schedule will not be adopted to replace the II County's Capital Improvements Program because the Capital Improvements Program 12 includes facility types such as jails and public buildings which are not addressed by the 13 Comprehensive Plan. In subsequent years, the Monroe County Growth Management 14 Division will be responsible for updating the Five-Year Schedule of Capital 15 Improvements to include capital projects tor the public facility types required by Chapter 16 9J-5 based upon the criteria contained in Capital Improvements Policy 1401.1.2. On an 17 annual basis, Monroe County will incorporate such revisions to the Comprehensive Plan 18 Five-Year Schedule into the County Capital Improvements Program. 19 20 4.2.2 Fair Share Impact Fees 21 Under Article X, Impact Fees, of the Monroe County Land Development Regulations, 22 new developments are assessed fair share impact fees to assist in providing funding for 23 facility ,expansions required to accommodate new growth. Impact fees are currently 24 assessed for the following types of facilities: transportation, solid waste, parks and 25 recreation, library, and police facilities. Concurrent with adoption of the Comprehensive 26 Plan, Monroe County will adopt revisions to Article X which update the current impact 27 fee assessment system, thus ensuring that future development pays a proportionate fair- 28 share cost of facility improvements necessary to maintain the level of service standards 29 adopted pursuant to the plan. The revisions will include procedures for assessment of Capital Improvements Implementation M28082 P. 14 of 17 BOCC: November] 9, 2008 impact fees to help offset the costs of extending fire, ambulance, and emergency services 2 to serve new development. 3 4 4.2.3 Concurrency Management System 5 Under Section 9.5-292 of the Monroe County Land Development Regulations, new 6 development must be served by adequate roads, potable water, solid waste, and school 7 facilities as determined by the level of service standards established in the section. 8 Concunent with adoption of the Comprehensive Plan, Monroe County will adopt 9 revisions to Section 9.5-292 which establish a Concurrency Management System 10 consistent with Capital Improvements Policy 1401.4.5. The Concurrency Management II System will ensure that no new development permits will be issued unless adequate 12 public nlcilities needed to support the development at the level of service standards for all 13 of the public facility types addressed in the Comprehensive Plan are available concurrent 14 with thl: impacts of development. The Concurrency Management System will include 15 specific provisions for interpreting and applying the level of service standards to 16 applications for development orders and permits. 17 18 Section 3. Severabilitv. 19 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance 20 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment 21 shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the 22 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 23 provision immediately involved in the controversy in which such judgment or decree 24 shall be rendered. 25 26 Section 4. Conflictinl!: Provisions. 27 In the case of direct conflict between any provision of this ordinance and a portion or 28 provision of any appropriate federal, state, or County law, rule code or regulation, the 29 more restrictive shall apply. Capital Improvements Implementation M28082 P. 15 of]7 BOCC: November] 9,2008 I 2 Section 5. Transmittal. 3 This ordinance shall be transmitted by the Planning and Environmental Resources 4 Department to the Florida Department of Community Affairs to determine the 5 consist<:ncy of this ordinance with the Florida Statutes and as required by F.S. 380.05(6) 6 and (11). 7 8 9 10 REMAINDER OF PAGE LEFT INTENTIONALLY BLANK II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Capital Improvements Implementation M28082 P.16of17 BOCC: November J 9, 2008 1 Section 6. Filinl!:. 2 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall 3 not become effective until a notice is issued by the Department of Community Affairs or 4 Administration Commission approving the ordinance. 5 Section 7. Effective Date. 6 This ordinance shall become effective as provided by law and stated above. 7 8 9 10 11 12 13 14 15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th of November 2008. Mayor George Neugent Mayor Pro TemSylvia Murphy Commissioner Mario Di GE'onaro Yes Yes Yes Commissioner Heather Carruthers Commissioner Kim Wigington Yes Yes BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA "A-~~. 'trJ~,e.J--. By Deputy Clerk Mayor/Chairperson George Neugent .3- Ln " s::::! ,"-- ::!!:: . .. Cl.. c tn ~ -> " ~$'''- -' U :0 d ;\~ Lw Q <0 < :;e:: '~'-- = Cl (::) <::> ..... :<.: Capitallmprovements lmplementation p. M28082 BaeC: November 19, 2008 i EXHIBIT A TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 5 YEAR TOTAL TRANSPORTATION REVENUE(5) FUEL TAX FUND 102 5.139.338 5,004.511 5.006�069 1 5,007 681 5.009.360 25166 959 IMPACT FEES FUND 130 5.533.430 5.533.430 5.533.430 ! 5.533.430 5.533.430 27,667.150 immimmimomREVENUE $)TOTAL 10.672.768 10.537.941 10 539 499 ! 10,,541.111 10542,790 52.834109 EXPENDITURE • • County Road R&B12) 22002 575.060 575 060 575.060 1 575060 575.060 2875300 Road Department12l 22500 2.556.988 2,558.475 2.560.033 1 2.561.645 2 563,324 12.800.465 Local Opt Gas Tax Project(2) 22503 250.000 250.000 250.000 i 250 000 250.000 1.250.000 St.Light,Loc Opt Gas Tax(2) 22504 253.657 253,657 253657 253.657 253.657 1.268,285 Const.Gas Tax Projs 80%12) 22506 534.687 534.687 534.687 1 534687 534.687 2.673,435 Const.Gas Tax Pro's 20%(2) 22507 - 500.000 500.000 I 500.000 500.000 2.000 000 Islamorada Roads t2 22509 968,946 - 968.946 Vehicle Replacement-102(2) 23512 - 332.632 332,632 332.632 332.632 1.330528 Roadway Projects13f 29000 451,278 451.278 451 278 451.278 451.278 2,256.390 District 1 Roadway Projects13} 29001 414.258 414.258 414.258 414,258 414 258 2y071 290 District 2 Roadway Proiectst3> 29002 622.253 622,253 622.253 1 622.253 622.253 3111.265 District 3 Roadway Proiectst3> 29003 3.578.312 3.578.312 3.578,312 i 3,578,312 __ 3 578 312 _ 1.7,891,560 Key Colony Beach Road Projece 29004 37.329 37 329 37.329 I 37.329 _ __ 37,329 186,645 Truman Bridge Ped Bridge13> 29012 430,000 430.000 430.000 1 430,000 430.000 2,150,000 EXPENDITURE • TOTAL 10.672.768 10.537.941 10.539,499 I 10,541,111 10 542 790 52.834.109 1 SOLID WASTE REVENUE • ! Fund 133 Solid Waste Fund 21.383 21.383 21.383 21,.383 21 383 106,915 REVENUE • TOTAL 21,383 21,383 21.383 21,383 21383 106.915 EXPENDITURE • I Countywide Solid Waste Projects 30500 21,383 21,383 21.383 1 21,383 _ 21`83 106915 EXPENDITURE • TOTAL 21,383 21 383 21 383 1 21 383 21 383 106 915 ■ SANITARY SEWERS/DRAINAGE 1 REVENUE • i I • Capital Improvments Implementation Year 2010 Monroe County Comprehensive Plan P.1 of 6 FY 2008/2009-FY 2012/2013 EXHIBIT TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 5 YEAR TOTAL Fund 311 Duck Key Waste Water Project: Construction of a gravity wastewater collection and transmission system to serve all the islands of Duck Key. Addition of capacity to the Hawk's Cay Wastewater Treatment Plan to service Duck Key, Conch Key and Hawk's Cav flows,and upgrade of treatment to meet advanced wastewater treatment standards. New Fund 311 Project created 11/14/07, Fund 304 First year of funding FY'07.(Transferred to Fund 311). PE0702 6,269,510 2,250,000 - - - 8,519,510 Fund 310 Big Coppitt Waste Water Project: Broken into 5 Service Areas: Rockland Gulf, Rockland Ocean,Big Coppitt, Shark Key and Geiger Key. A collection system for each service area will tie into a transmission main along US 1 that conveys the wasteater to a plant to be located within the Rockland Industrial Park at MM 8.5. Approximately 80.000 feet of collection system piping. 13, 000 feet of transmission main and 25 pump stations will be installed for the project. The design capacity of the treatment plant is approximately 1,700 EDU's. Fund 311: Project created 11/14/07, Fund 304, First year of funding begain in FY'07. PE0701 16,774.986 - i - . 16,774,986 Fund 304 One Cent Infrastructure Surtax 257,906 - - ! 257.906 Fund 308 2007 Revenue Bond 5.000,000 3,661.559 - 8,661.559 Fund 304 Small Project Allocations 250,000 250,000 1,000,000 j 1.000.000 1.000.000 3.500.000 REVENUE(5)TOTAL 28.552,402 6,161,559 1,000,000 f 1,000,000 1,000,000 37,713,961 EXPENDITURE(S) Duck Key WW Proiect(7): Construction of a gravity wastewater collection and transmission system to serve all of the islands of Duck Key. Addition of capacity to the Hawk's Cav Wastewater Treatment Plant to servive Duck Key. Conch Key and Hawk's Cay flows,and upgrade of treatement to meet advanced wastewater treatment standards. New fund created 11/14/2007.(BOCC Adopted). 23003-PE0804 5,750.000 2,250.000 - - 8,000,000 Duck Key WW Project(7) (BOCC Adopted) 311-55012 519,510 - - 519.510 Capital Improvments Implementation Year 2010 Monroe County Comprehensive Plan P.2 of 6 FY 2008/2009-FY 2012/2013 EXHIBIT A TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE, FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY J FY 2009 FY 2010 FY 2011 ! FY 2012 FY 2013 5 YEAR TOTAL Breezeswept Beach Estates Culvert(9): The proiect consists of a box culvert that connects the canal system in the subdivision to Newfound Harbor in order to improve water circulation within the canal system. Project work includes DEP and USACOE permitting,culvert design and • construction. Project to be completed FY2008. The canal water quality within the Breezeswept Beach Estates if poor. The culvert will help impvoe the cirucluation of water in the canals and hance to improve water quality. On September 4,2002,Ordinance 023-2002 was passed establishing the Breezeswept Beach Estates Municipal Service Culvert District in order to collect assessments. The estimated cost of the project is approximately$336,000. East lot was • assessed$670,without regard to lot ownership unless the owner is exempt under state law. Total revenue collected was$326,624.67 in FY'03.(BOCC Adopted). 23000-CB0400 208,106 - - _ - _ 208.106 FRUFCts>: The purpose of the Loan Agreement is to construct the collection systems to serve Geiger Key and Rockland Key portions of the Big Coppitt Regional Wastewater Treatement System and the South Lower Keys Regional Wastewater Treatment Plant. Interim financing was required because the State of Florida Department of Environmental Protection may not have funding available for the project until September 2008. On 12/19/2007.the BOCC approved a resolution for the execution and delivery of the Loan Agreement with the Floirda Rural Utility Financing Commission for an amount not to exceed $21.000.000. (Adopted). 23005-PE0806 12,467,766 - 12,467,766 FL DEP Grant Agreement 6)(BOCC Adopted). 233006-PE0807 3,025.508 - - ___ _ 3,025.508 Special Assessments(6): fBOCC Adopted) 55011-PE0808 1,281,712 _ - - - 1,281.712 Waste Water General Projects(9): Used for staff design r and develop undetermined Wastewater project.(BOCC Adopted). 23000-PE-0002 15,000 - - 15.000 Stock Island Waste WaJ99 (BOCC Adopted) 23000-PE0300 34,800 - - - - 34,800. • Capital Improvments Implementation P.3 of 6 Year 2010 Monroe County Comprehensive Plan I FY 2008/2009-FY 2012/2013 EXHIBIT A TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS' • CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE,FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 5 YEAR TOTAL Key Largo Waste Water Treatement(10): New wastewater system. Payments to the Key Largoe Waste Water District. Transferred from Fund 304, FY2005-2008. (BOCC Adopted). 23004-PE0805 5 000 000 3.661,559 8.661.559 Future Small Projects(a) 250.000 250.000 1,000,000 000 1 000 000 _ 3,5001000 Cudioe Summerland Wastewater: Gravity wastewater collection and transmission system to serve Summerland Key/Cudioe Key/Upper Sugarloaf. New wastewater treatment plant at the Cudioe Key Transfer Station to treat flows to meet advanced wastewater treatment standards. Fund 304, First year of funding begin in FY'07.(Adpoted) PE0703 EXPENDITURE • TOTAL 28.552.402 6.161.559 1.000000 1 000 000 _ 1,000,000 37.713.961 PARKS&RECREATION REVENUE • FUND 131 762 211 762,211 762,211 762.211 762.211 3.811,055 FUND 132 739,469 739.469 739.469 ! 739.469 739.469 3 697 345 Fund 304 One Cent Infrastructure Surtax 2,000,000 - - 2.000.000 Fund 308 2007 Revenue Bond 86,193 - - - 86.193 REVENUE • TOTAL 3,587,873 1,501,680 1,501,680 1.501.680 1.501.680 9.594.593 EXPENDITURE • District 1 Parks&Rec Project(4) 29501 99 795 99,795 99.795 99.795 99.795 498 975 District 2 Parks&Rec Pro'ect(4) 29502 246.327 246.327 246.327 I 246.327 246.327 1.231.635 District 3 Parks&Rec Project(4) 29503 416,089 416,089 416,089 416.089 416.089 2.080,445 Coun ide Libra Pro'ectst5> 30000 739,469 739 469 739 469 739 469 739 469 3 697 345 . • Capital Improvments Implementation Year 2010 Monroe County Comprehensive Plan P.4 of 6 FY 2008/2009-FY 2012/2013 EXHIBIT A TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS . CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY • FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 5 YEAR TOTAL Vandenburq Dive Site(9): To provide partial funds to sink the USS Gen. H.S.Vandenberg,7 miles off the shore of Key West. Sinking the Vandenberg would provide an artificial reef which will benefit the waters and aquatic habitat in the Floirda Keys National Marine Sanctuary. Also,the artificial reef would provide additional tourism. Besides the county,funds for the project will come from the City of Key West and the Monroe County Tourist Development Council. The sinking of the 520 foot vessel will likely occur in the spring of 2008. (BOCC Adopted). 25000-CC0702 2.000.000 - - 2.000.000 Big Pine Park(10): Building of a park and a two storey Community Center. The 10 acre protect consists of separate contracts for demolition, basin filling.building the community center and park. The park will include 1 baseball diamond,a basketball court,restroom facilities. playground equipment,skage park, logging track, suffleboard,bocce ball,roller hockey rink and community center. Transferred to Fund 304 project#CCO202.(BOCC Adopted). 25002-CC0802 86,193 - 94.193 EXPENDITURE($)TOTAL 3.587.873 1.501.680 1�501.680 1.501.680 1501.680 9.594.593 i REVENUE GRAND TOTAL($I 42.834.426 18,222,563 13,062,562 13.064.174 13,065 853 _ 100 249 578 EXPENDITURE GRAND TOTAL($) 42,834,426 18,222,563 13.062,562 13,064,174 13,065.853 I 100,249,578 5 YEAR PLANNING PERIOD BALANCE($) I I 100,249,578 1 A detailed list of road improvements can be found in the March 2005 Monroe Coun Seven Year Roadwa Plan. (2)Fund 102 Fuel Tax (3)Fund 130 Impact Fees rFund 131 Park District I m s act Fees ,Fund 132 Libra Impact Fees (6)Fund 310 Big Coppitt Waste Water Proiect-For the FRUFC loan, on 12/17/07,the BOCC approved resolution 559-2007 authorizing the negotiation of a loan in an aggregate amount not to exceed$21,000,000 from the Florida Rural Utility Financing Commission for the purpose of financingjthe cost of certain wastewater improvements within Monroe County. For the DEP Grant Agreement No.LP6803,on 3/21/07,the BOCC approved to execute the Grant Agreement for$10,962,000. Capital Improvments Implementation Year 2010 Monroe County Comprehensive Plan P.2 of 6 FY 2008/2009-FY 2012/2013 EXHIBIT A TABLE 4.1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS ELEMENT BALANCE SHEET COUNTY OF MONROE,FLORIDA FISCAL YEARS: 2008/2009 TO 2012/2013 INFRASTRUCTURE CATEGORY FY 2009 FY 2010 FY 2011 ! FY 2012 FY 2013 5 YEAR TOTAL (7)Fund 311 Duck Key Waste Water Project: On July 18,2007 the BOCC approved Resolution 264-2007 which created the special assessments for Biq Coppitt and Duck Key. ( Fund 304 One Cent Infrastructure Surtax-Small Project Allocations Fund 304 One Cent Infrastructure_Su_rtax-Capital Projects (10) Fund 308 2007 Revenue Bond • • Capital Improvments Implementation P.6 of 6 Year 2010 Monroe County Comprehensive Plan FY 2008/2009-FY 2012/2013 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 December 15, 2008 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160 000038412396 Dear Ms. Cloud, Enclosed are certified copies of the following: Ordinance No. 028-2008 amending Sections 9.5-68 and 9.5-69 of the Monroe County Code concerning conditional uses; amending procedures and deleting obsolete provisions; providing for severability; providing for repeal of inconsistent provisions; providing for transmission to the Department of Community Affairs and the Secretary of State; providing for an effective date. Ordinance No. 029-2008 adopting an amendment to the Year 2010 Monroe County Comprehensive Plan pursuant to F.S. Section 163-3177(3)(b); amending Table 4.1 Five-Year Schedule of Capital Improvements (Exhibit A) and amending Section 4.0 Capital Improvements Implementation; providing for severability; providing for repeal of inconsistent provisisions; providing for transmission to the Department of Community Affairs and the Secretary of State; providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on November 19, 2008. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. DaffilY L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock. D.C. cc: Via E-Mail to the following: Growth Management County Attorney BOCC File p o Cer,l,~1 ~, p o Retun R€~'j')t \ el (EndOrserr ent '~ : (U 1 ~d o Restricte'10eJ"ery-e ..D (Endorsement Rll'l~i e( I r'l r'l "'l:,[;ij' ..n a- m ru r'l ~ 1____ _u_ m , , I, ~I a c To\alp~~liif1'H";"i1 oC", 0'2.. ; oz., ~ Sentr; :dminrs1r 'C 'H'rCud'O Qlld WlWIo;;..kly ~ ~~~~.~~~.~.~;' ~~~~h--St;e-;tUUUUUUu----uu"",,' Ciij,'Slft&\ti'l~:i1.; : i: Flo.iiCl.a:..3'2'S91FU25I"uu............. ._I.~ ! II.:I CHARLIE CRIST Governor I-I'EriO ~ ~LORIDA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State December 30, 2008 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 10 1 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated Decl~mber IS, 2008 and certified copies of Monroe County Ordinance Nos. 028-2008 and 029-2008, which were filed in this office on December 19, 2008. Sincerely, d\s-~ . .,~ ,..., .:) "" .::'J )>. "" .... ~ ::~ CJ:Z: Z: !"I"J ---,,-:;r.: '-.~l::..~ -< ~ '-' -)" r- I " 0("'). Liz Cloud ,-- U1 0 :e::O;:X; ;u Program Administrator -'"f~ 0 3:>0 ;u .<"r- 3: . --I ::r - "" -,,' J> - C") r-- (;') ~ 0 JIo. ,.., l'O ::e LC/jru f;,;:) C DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlls.dos.state,f].us COMMUNiTY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 8T A TE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 5T A TE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . 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