Loading...
HomeMy WebLinkAboutItem B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY L Meeting Date: February 13, 2012 Bulk Division: Growth Management Item: Yes No X Staff Contact Person/Phone#: Christine Hurley x2517 AGENDA ITEM WORDING: Consideration of a resolution to transmit to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density/intensity. ITEM BACKGROUND: The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe County included a task for Monroe County to implement the Florida Keys Carrying Capacity Study by discouraging private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys. This task is intended to implement Rule 28-20.110, F.A.C., Work Program Tasks Year Six, Task C and Year Eight, Task F to implement the carrying capacity study by the adoption of all necessary plan amendments to guide development away from environmentally sensitive lands and to ensure that any and all new development does not exceed the capacity of the County's environment and marine system to accommodate additional impacts. Administration Commission Rule 28-20.140, F.A.C., (HB 7253) also includes a Work Program task requiring the adoption of a comprehensive plan policy to discourage private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys by July I, 2012. The County will report to the Governor and Cabinet, sitting as the Administration Commission, on the progress of accomplishing this task in that Fall of 2012. Pursuant to Section 380.0552, F.S., and Administration Commission Rule 28-20.140, F.A.C., beginning November 30, 2011, Monroe County and the State Land Planning Agency (Department of Economic Opportunity) must report to the Administration Commission on the progress of achieving the work program objectives for that work program year. If the Administration Commission determines that progress has not been made, the unit cap for residential development (ROGO allocations) may be reduced by 20% for the following ROGO year. PREVIOUS RELEVANT BOCC ACTION: On July 13, 2009, the BOCC approved Resolution 183-2009 to transmit proposed Objective 105.4 and Policy 105.4.1 to discourage private future land use amendment applications which included a requirement for a needs analysis. The needs analysis included an analysis for compatibility with the 1977 AICUZ. The proposed amendment also excluded Ocean Reef from the proposed amendment. The State Land Planning Agency issued an Objections, Recommendations and Comments Report that included two objections: 1) No supporting documentation was included to support the exclusion of Ocean Reef, and 2) The policy should include the best available AICUZ data. As a result, on October 22, 2009, the BOCC voted unanimously not to adopt the proposed amendment. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No_ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH_ Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# fie' MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING POLICY 101.4.20 OF THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO DISCOURAGE PRIVATE APPLICATIONS FOR FUTURE LAND USE CHANGES WHICH INCREASE ALLOWABLE DENSITY AND INTENSITY, AS REQUIRED BY ADMINISTRATION COMMISSION RULE 28-20.140,FLORIDA ADMINISTRATIVE CODE. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the State Land Planning Agency a proposed amendment to the Monroe County 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested text amendment; and NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the proposed text amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment as part of a set of comprehensive plan amendments for 2012 to the State Land Planning Agency for review and comment in accordance with the State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes. Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment. P. 1 of 2 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the_day of February, 2012. Mayor David Rice Mayor pro tern Kim Wigington Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Heather Carruthers BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor David Rice (SEAL) MONFOECOONTYAT EY A11EST: DANNY L. KOLHAGE, CLERK APPPOVFO# T 0 M y�rrf D.,.. 1, L- / 7-- DEPUTY CLERK L P.2 of 2 ORDINANCE NO. -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING POLICY 101.4.20 TO DISCOURAGE PRIVATE APPLICATIONS FOR FUTURE LAND USE CHANGES WHICH INCREASE ALLOWABLE DENSITY AND INTENSITY, AS REQUIRED BY ADMINISTRATION COMMISSION RULE 28-20.140, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN. WHEREAS, the Administration Commission directed Monroe County within its 30-Day Report, pursuant to Section 380.0552(4)(c), F.S., to implement the Florida Keys Carrying Capacity Study by discouraging private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys. ; WHEREAS, Administration Commission Rule 28-20.140, F.A.C., (HB 7253) includes a Work Program task requiring Monroe County to adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 7th day of June, 2011; and WHEREAS,at a regularly scheduled meeting held on the 18th day of October, 2011, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency a proposed amendment to the Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment; and WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are thir stricken-through and additions are underlined.) Policy 101.4.20 In order to implement the Florida Keys Carrying Capacity Study. Monroe County shall promote the reduction in overall County density and intensity and the preservation of Monroe County's native habitat by discouraging private applications for future land use map amendments which increase allowable density and/or intensity. Private applications requesting future land use map designation amendments received after the effective date of this ordinance, which propose increases in allocated density and intensity shall be required to comply with either option(1)or(2)below: (1) For every acre of land where there is a request to increase density and/or intensity, a private applicant shall purchase and donate 2 acres of land which contain non-scarified native upland habitat and/or undisturbed wetland habitat to Monroe County for conservation. The following requirements apply: • The donated land shall be designated as Tier I. Tier II or Tier III-A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub-area of unincorporated Monroe County. • The land shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. F _ • A restrictive covenant shall be recorded to extinguish the development rights on the ` dedicated land. • The Future Land Use Map Designation for the donated land maybe designated by the County as Conservation(C). (2) For each requested additional unit of density. a private applicant shall purchase and donate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which contain non-scarified native upland habitat and/or undisturbed wetland habitat to Monroe County. The following requirements apply: • Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the request for increased allowable density,pursuant to option(a)or(b): (a) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III-A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub-area of unincorporated Monroe County. • The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the dedicated land. • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation(C). (b) The donated IS lot(s) shall be designated as Tier III. suitable for affordable housing_ and must be within the same sub-area of unincorporated Monroe County. ihr • The IS lot(s) shall be dedicated to Monroe County for affordable housing projects. For options (1) and (2) described above, the parcel which is the subject of the request to increase its density and intensity must be designated as Tier III and have existing public facilities and services and available central wastewater facilities. Example of 12 acres requesting a Requires the donation of 24 acres of non- Option 1 PLUM amendment to scarified native upland habitat and/or increase density and/or undisturbed wetland habitat, designated as Tier intensity I,Tier II or Tier III-A. (12 acres x 2 = 29 acres) Example of 20 acres with an allocated (a)Requires the donation of 20 IS lots of non- Option 2 density allowing the scarified native upland habitat and/or development of 20 units, undisturbed wetland habitat, designated as Tier requesting to increase I,Tier II or Tier III-A; or density to allow 40 units (b)Requires the donation of 20 IS lots designated as Tier III and suitable for affordable housing. (Increase of 20 units =20 IS lots) Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of February, 2012. Mayor David Rice Mayor pro tern Kim Wigington Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Heather Carruthers BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor David Rice (SEAL) ATTEST: DANNY L. KOLHAGE,CLERK DEPUTY CLERK 084 . 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING& ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Christine Hurley, AICP, Director of Growth Management 11 Townsley Schwab, Senior Director of Planning& Environmental Resources 12 13 From: Mayte Santamaria, Assistant Director of Planning& Environmental Resources 14 15 Date: January 23,2011 16 17 Subject: Request for an amendment to the Monroe County 2010 Comprehensive Plan 18 to create Policy 101.4.20 to discourage private applications for future land use 19 changes which increase allowable density and intensity. 20 21 Meeting: February 13, 2012 22 23 I REQUEST 24 ihge 25 This is a request by Monroe County to create Policy 101.4.20 discouraging private applications 26 for future land use changes which increase allowable density/intensity. 27 28 II BACKGROUND INFORMATION 29 • 30 Section 380.0552(4), Florida Statutes (F.S.), directs the State Land Planning Agency to submit 31 a report to the Administration Commission, describing in detail the progress of the Florida 32 Keys Area toward accomplishing the tasks of the work program and to provide a 33 recommendation as to whether substantial progress toward accomplishing the tasks of the work 34 program has been achieved. Pursuant to Section 380.0552(4)(c), F.S., if the Administration 35 Commission finds that the requirements for recommending removal of designation have not 36 been met, the commission shall provide a written report to the local governments within 30 37 days, after making such a finding, detailing the tasks that must be completed by the local 38 government. 39 40 The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe County 41 included a task for Monroe County to implement the Florida Keys Carrying Capacity Study by 42 discouraging private applications for future land use changes which increase allowable density 43 and intensity on lands in the Florida Keys. This task is intended to implement Rule 28-20.110, 44 F.A.C., Work Program Tasks Year Six, Task C and Year Eight, Task F to implement the 45 carrying capacity study by the adoption of all necessary plan amendments to guide 46 development away from environmentally sensitive lands and to ensure that any and all new `. 47 development does not exceed the capacity of the County's environment and marine system to 48 accommodate additional impacts. 1 2 The recently ratified Administration Commission Rule 28-20.140, F.A.C., (HB 7253) also 3 includes a Work Program task requiring the adoption of a comprehensive plan policy to 4 discourage private applications for future land use changes which increase allowable density 5 and intensity on lands in the Florida Keys. 6 7 Beginning November 30, 2011, Monroe County and the Department of Community Affairs 8 must report to the Administration Commission on the progress of achieving the work program 9 objectives for that work program year. If the Administration Commission determines that 10 progress has not been made, the unit cap for residential development (ROGO allocations) may 11 be reduced by 20% for the following ROGO year. 12 13 The proposed amendment is to implement the Work Program Task from Rule 28-20.140, 14 F.A.C., and the direction from the Administration Commission. 15 16 Summary of Previous Actions: 17 18 • The Florida Administration Commission proposed Rule 28-20.130 and 28-20.140, F.A.C. 19 for Monroe County to implement Section 380.0552(4), Florida Statutes. 20 • The proposed rule included the following work program task: 21 o As part of the implementation of the Florida Keys Carrying Capacity Study, 22 Monroe County shall transmit a Comprehensive Plan Policy discouraging future 23 land use changes, throughout unincorporated Monroe County which increase 24 allowable density/intensity. This Policy shall include the requirement to complete a 25 needs analysis through 2020 based upon the amount of vacant lands, the adopted 26 density of the future land use designations and their existing yields, the projected 27 population, the projected rate of growth allocations and the availability of public 28 facilities and services. 29 • DRC: May 5, 2009, County proposed Policy 101.4.20 to discourage private future land use 30 amendment application, including the requirement to complete a needs analysis based upon 31 the amount of vacant lands. 32 • PC: June 10, 2009 County proposed Policy 101.4.20 to discourage private future land use 33 amendment application, including the requirement to complete a needs analysis based upon 34 the amount of vacant lands,projected growth and other criteria. 35 • PC: June 24,2009 36 o Proposed Policy 101.4.20 was amended to proposed Objective 105.4 and Policy 37 105.4.1 to discourage private future land use amendment application and included a 3R _. requirement for a needs analysis. The proposed amendment excluded Ocean Reef 39 from the proposed amendment. 40 o The PC recommended approval to the BOCC to consider transmittal of the 41 ordinance to the DCA(Resolution 22-09). 42 • BOCC-transmittal hearing: July 13, 2009 43 o Proposed Objective 105.4 and Policy 105.4.1 to discourage private future land use 44 amendment application and included a requirement for a needs analysis. The needs 45 analysis include compatibility with the 1977 AICUZ. The proposed amendment `r 46 excluded Ocean Reef from the proposed amendment. 47 o The BOCC approved transmittal to the DCA for review of the draft ordinance 48 (Resolution 183-2009). 2 1 • The DCA issued an Objections, Recommendations and Comments (ORC) Report that ` 2 included two objections. ` 3 1. No supporting documentation was included to support the exclusion of Ocean 4 Reef. 5 2. The policy should include the best available AICUZ data. 6 • BOCC—adoption hearing: October 22, 2009 7 o To address the objections of the ORC, the proposed amendment was revised to not 8 exclude Ocean Reef from the policy. The revised amendment also included that 9 Monroe County will "evaluate the compatibility with Naval Air Station Key West 10 and utilize the best available data existing at the time a future land use map 11 amendment is proposed and reviewed." 12 o BOCC voted unanimously not to adopt proposed ordinance. 13 • The Florida Administration Commission adopted Rule 28-20.140, F.A.C. for Monroe 14 County and the Florida Legislature ratified the Rule 28-20.140, Florida Administrative 15 Code,relating to the comprehensive plan for Monroe County. 16 • The Rule includes the following Work Program task: 17 By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, 18 Monroe County shall adopt a Comprehensive Plan Policy to discourage private 19 applications for future land use changes which increase allowable density/intensity. 20 o The requirement for a needs analysis was removed from the Rule. 21 22 The Monroe County Planning Commission held a public hearing on October 18, 2011, to consider 23 the transmittal of this proposed amendment to the Monroe County Year 2010 Comprehensive Plan cor24 to the State Land Planning Agency and recommended approval of the amendment. 25 26 27 III. PROPOSED AMENDMENT 28 29 Policy 101.4.20 30 In order to implement the Florida Keys Carrying Capacity Study, Monroe County shall 31 promote the reduction in overall County density and intensity and the preservation of Monroe 32 County's native habitat by discouraging private applications for future land use map 33 amendments which increase allowable density and/or intensity. 34 35 Private applications requesting future land use map designation amendments received after the 36 effective date of this ordinance, which propose increases in allocated density and intensity shall 37 be required to comply with either option(1) or(2) below: 38 39 (1) For every acre of land where there is a request to increase density and/or intensity,a private 40 applicant shall purchase and donate 2 acres of land which contain non-scarified native 41 upland habitat and/or undisturbed wetland habitat to Monroe County for conservation. The 42 following requirements apply: 43 • The donated land shall be designated as Tier I, Tier II or Tier III-A Special Protection 44 Area and be located on Big Pine Key/No Name Key or be within the same sub-area of 45 unincorporated Monroe County. ihr46 • The land shall be inspected by the Monroe County Biologist to assure it is acceptable 47 for acquisition and donation. 3 1 • A restrictive covenant shall be recorded to extinguish the development rights on the ` 2 dedicated land. fir' 3 • The Future Land Use Map Designation for the donated land may be designated by the 4 County as Conservation(C). 5 6 (2) For each requested additional unit of density, a private applicant shall purchase and donate 7 a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District 8 map which contain non-scarified native upland habitat and/or undisturbed wetland habitat 9 to Monroe County. The following requirements apply: 10 • Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate 11 the request for increased allowable density,pursuant to option(a) or(b): 12 13 fa) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III-A Special 14 Protection Area and be located on Big Pine Key/No Name Key or be within the same 15 sub-area of unincorporated Monroe County. 16 • The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is 17 acceptable for acquisition and donation. 18 • A restrictive covenant shall be recorded to extinguish the development rights on the 19 dedicated land. 20 • The Future Land Use Map Designation for the donated land may be designated by the 21 County as Conservation(C). 22 23 (b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and 24 -- ---- --- must be within the same sub-area of unincorporated Monroe County. 25 • The IS lot(s) shall be dedicated to Monroe County for affordable housing projects. 26 27 For options (1) and (2) described above, the parcel which is the subject of the request to 28 increase its density and intensity must be designated as Tier III and have existing public 29 facilities and services and available central wastewater facilities. 30 31 Example of 12 acres requesting a Requires the donation of 24 acres of non-scarified Option 1 PLUM amendment to native upland habitat and/or undisturbed wetland increase density and/or habitat, designated as Tier I, Tier II or Tier III-A. intensity (12 acres x 2 = 24 acres) Example of 20 acres with an allocated (a)Requires the donation of 20 IS lots of non- Option 2 density allowing the scarified native upland habitat and/or undisturbed development of 20 units, wetland habitat, designated as Tier I,Tier II or requesting to increase Tier III-A; or density to allow 40 units (b) Requires the donation of 20 IS lots designated as Tier III and suitable for affordable housing. (Increase of20 units = 20 IS lots) 32 33 34 ( 35 �/ 36 37 4 1 IV. ANALYSIS 2 1lo„r 3 The proposed amendment satisfies the Administration Commission Rule 28-20.140, F.A.C., 4 Work Program task (5)(a)9., which requires the adoption of a comprehensive plan amendment 5 to discourage private applications for future land use changes which increase allowable density 6 and intensity. 7 8 Additionally, the proposed amendment will provide additional layer of protection to wetland 9 communities and upland communities, and result in the reduction of overall density and 10 intensity in unincorporated Monroe County. This is significant, as there are approximately 11 9,000+ vacant, acres in a Tier designation (see excerpt from the 2010 Evaluation and Appraisal 12 Report). 13 14 Vacant Land by Tier and Planning Area Vacant Net I II III IlI-A 02 acres in Parcels Tier and Acres Lower Keys Vacant Parcels 3,288 411 1.724 31 17 N/A 5.471 Acres 6,338.7 78.1 573.7 11.5 52.2 7,002.0 7,054.2 Percent Vacant Acres 89.9% 1.1% 8.1% 0.2% 0.7% N/A N/A Middle Keys Vacant Parcels 20 0 284 0 N/A N/A 304 Acres 147.6 0.0 63.6 0.0 0.0 211.2 211.2 'IllIiir Percent Vacant Acres 69.9% 0.0% 30.1% 0.0% N/A N/A N/A Upper Keys Vacant Parcels 835 0 1.658 265 225 N/A 2.983 Acres 1,501.1 0.0 316.3 79.9 261.3 1.897.3 2,158.6 Percent Vacant Acres 69.5% 0.0% 14.7% 3.7% 12.1% N/A N/A Total Parcels 4,143 411 3,666 296 242 N/A 8.758 Total Acres 7,987.4 78.1 953.6 91.4 313-5 9,110.5 9,424.0 Percentage of Tier 84.8% 0.8% 10.1% 1.0% 3.3% N/A 100% Note: Percentage of Tier-slight differences due to rounding. Source:Monroe County Growth Management,2011,Geographic Information System file"MC ELU 511";Monroe County Growth Management 2011,Geographic Information System file"MC PLUM 511";Monroe County Growth Management 2011,Geographic Information System file"Tier 0110" Tiers are: I= Tier I-Natural Areas 11= Tier II(Big Pine Key and No Name Keys in the Lower Keys Planning Area only) III= Tier III-Infitl Areas III-A=Special Protection Area(SPA) 0= Property does not have a Tier designation. Most of these occur in the Upper Keys and some are right-of-way parcels. Some lots were not originally designated because of mapping errors; the majority of which are currently being reviewed by the Tier Designation Review Committee and will be designated at a later date. Tier 0 is used for illustration purposes only and is not pan of the analysis. 15 Vacant acres in all tiers after subtracting Tier 0. 16 17 The proposed amendment also provides a mechanism for private applicants to increase density rnie 18 and intensity by donating IS lots or acreage to the County that contains non-scarified native 19 upland habitat or wetland habitat. This will allow to County to balance growth and strengthen 5 1 the protection and encourage the preservation and conservation of environmentally sensitive 2 lands by encouraging development in Tier III while directing development away from 3 environmentally sensitive areas on Tiers I, II and III-A lands. 4 5 According to December 2011 Property Appraiser data, there were 1,422 parcels that are 6 vacant, privately owned and designated as Improved Subdivision (IS) district on the Land Use 7 (Zoning) District map. Under the proposed amendment, these lots could be utilized as 8 mitigation for requests to increase density and intensity. 9 10 Private-Vacant Parcels IS IS-D IS-M Total Tier I 842 2 17 861 Tier II 314 39 353 Tier III-A 203 5 208 Total 1,359 2 61 1,422 11 12 13 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE 14 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING 15 DEVELOPMENT 16 17 A. The proposed amendment is consistent with the following Goals, Objectives and 18 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the 19 amendment furthers: 20 21 Goal 101: Monroe County shall manage future growth to enhance the quality of life, 22 ensure the safety of County residents and visitors, and protect valuable natural resources. 23 24 Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO 25 Exemption (TRE), that would allow for the transfer off-site of dwelling units, hotel rooms, 26 campground/recreational vehicle spaces and/or mobile homes to another site in the same 27 ROGO sub-area, provided that they are lawfully existing and can be accounted for in the 28 county's hurricane evacuation model. In addition, the receiver site shall be located within a 29 Tier III area outside a designated Special Protection Area and for a receiver site on Big 30 Pine Key and No Name Key, the sending site shall also be located on one of those two 31 islands. 32 33 Goal 102: Monroe County shall direct future growth to lands which are intrinsically most 34 suitable for development and shall encourage conservation and protection of 35 environmentally sensitive lands. 36 37 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space iitsy 38 requirement shall be one hundred (100) percent of the following types of wetlands: 39 1. submerged lands 2. mangroves 3. salt ponds 6 1 4. fresh water wetlands 5. fresh water ponds 2 6. undisturbed salt marsh and buttonwood wetlands 3 4 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and 5 undisturbed salt marsh and buttonwood wetlands only for use as transferable development 6 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and 7 mangroves shall not be assigned any density or intensity. 8 9 Policy 101.13.2: By January 4, 1998, Monroe County shall evaluate the existing TDR 10 program and adopt Land Development Regulations which address identified deficiencies in 11 the program. The following issues shall be considered in evaluating the program: 12 13 1. revision to the current tax policy whereby owners of sites which have transferred 14 development rights continue to pay taxes on such rights until development orders have 15 been issued for the transferred rights at the receiver sites; 16 2. establishment of criteria for designation of sender and receiver sites based upon factors 17 such as the environmental characteristics of the land; 18 3. establishment of mechanisms to enhance the value and marketability of TDRs such as 19 assigning density bonuses to receiver sites; 20 4. clarification of the status of sites which have transferred development rights, including 21 the possible requirements that sender sites be dedicated as public or private open space 22 through conservation easement or other mechanism. At a minimum, the LDRs shall be 23 revised to require that a restrictive covenant be recorded on the sender site deed at the 24 time of the Allocation Award for the Permit Allocation System; and thir 25 5. establishment of a management and accounting system to tract TDRs 26 27 Policy 101.13.3: The Maximum Net Density is the maximum density allowable with the 28 use of TDRs, and shall not exceed the maximum densities established in this plan. The 29 assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other 30 areas of the County shall be prohibited. 31 32 Policy 101.13.4: In conjunction with the evaluation of the existing TDR program pursuant 33 to Policy 101.13.2, parcels within the following habitats and land use districts shall be 34 designated as sender sites for Transferable Development Rights (TDRs): 35 36 Any parcel within these zoning categories: 37 Offshore Island(OS) Sparsely Settled (SS) 38 Main land Native (MN) Parks and Refuge(PR) 39 Native(NA) Conservation(C) 40 41 Habitat of the following types which lie within any zoning category: 42 Freshwater wetlands 43 Saltmarsh/Buttonwood wetlands 44 High quality high hammock 45 High quality low hammock ( 46 Moderate quality high hammock ir 47 Moderate quality low hammock 48 High quality pinelands 7 1 Low quality pinelands C 2 3 Beach/berm Palm Hammock 4 Cactus Hammock 5 Disturbed Wetlands 6 7 Policy 105.2.5: Monroe County shall, in coordination with federal and state agencies, 8 implement a land acquisition program to acquire all remaining privately-owned vacant 9 lands within areas designated as a Natural Area(Tier I). 10 11 Policy 105.2.6: Monroe County shall implement a land acquisition program to acquire 12 most privately owned vacant private lands within areas designated as a Transition and 13 Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key and patches of 14 tropical hardwood hammock or pinelands of one acre or greater in area identified as a 15 Special Protection Area within a designated Infill Area(Tier III). 16 17 Policy 105.2.7: Monroe County shall implement an acquisition program to acquire 18 privately owned vacant lands disturbed or scarified properties for affordable housing within 19 areas designated as an Infill Area(Tier III). 20 21 Policy 105.2.8: The preferred method for acquisition of environmentally sensitive privately 22 owned vacant non-platted lands shall be fee simple purchase, donation, or dedication or the 23 retirement of development rights through transfer of development rights or similar 24 mechanisms. 25 26 Policy 105.2.9: The preferred method for acquisition of vacant platted lots shall be fee 27 simple purchase, donation, or dedication or the retirement of development rights thorough 28 transfer of development rights or similar mechanisms; however, wherever appropriate, 29 platted lots may be purchased in partnership with adjoining property owner(s) subject to a 30 conservation easement that may allow limited accessory residential uses. 31 32 Policy 105.2.10: In terms of effort, Monroe County shall primarily focus its Land 33 Acquisition Program on the acquisition or retirement of development rights of vacant 34 privately-owned, buildable, platted lots within Tier I and Tier II and the acquisition of 35 scarified and disturbed lands for affordable housing within Tier III. This policy recognizes 36 the critical need for the County to aggressively address the imbalance between 37 development expectations of private property owners and the finite carrying capacity of the 38 natural and man-made systems in the Florida Keys. 39 40 Policy 102.2.2: Monroe County shall adopt revised environmental standards and 41 environmental design criteria as indicated in policies adopted pursuant to Conservation and 42 Coastal Management Objective 205.2. These revised standards and criteria will protect 43 native upland vegetation and promote restoration of habitat values of native upland 44 communities, including hardwood hammocks and pinelands. 45 46 Goal 205: The health and integrity of Monroe County's native upland vegetation shall be ihr 47 protected and, where possible, enhanced. 48 8 1 Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the f 2 Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to ` 3 the Land Development Regulations which further protect and provide for restoration of the 4 habitat values of upland native vegetated communities, including hardwood hammocks and 5 pinelands. 6 7 Policy 205.2.2: Monroe County shall discourage developments in Tier I and within tropical 8 hardwood hammock or pinelands of one acre or more in area to protect areas of native 9 upland vegetation. 10 11 Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife 12 habitats. 13 14 B. The amendment is consistent with the Principles for Guiding Development for the 15 Florida Keys Area, Section 380.0552(7),Florida Statute. 16 17 For the purposes of reviewing consistency of the adopted plan or any amendments to that 18 plan with the principles for guiding development and any amendments to the principles, the 19 principles shall be construed as a whole and no specific provision shall be construed or 20 applied in isolation from the other provisions. 21 22 (a) Strengthening local government capabilities for managing land use and development so 23 that local government is able to achieve these objectives without continuing the area of ( 24 critical state concern designation. `r 25 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, 26 seagrass beds, wetlands, fish and wildlife, and their habitat. 27 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, 28 native tropical vegetation (for example, hardwood hammocks and pinelands), dune 29 ridges and beaches, wildlife, and their habitat. 30 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 31 economic development. 32 (e) Limiting the adverse impacts of development on the quality of water throughout the 33 Florida Keys. 34 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 35 environment, and ensuring that development is compatible with the unique historic 36 character of the Florida Keys. 37 (g) Protecting the historical heritage of the Florida Keys. 38 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 39 proposed major public investments,including: 40 41 1. The Florida Keys Aqueduct and water supply facilities; 42 2. Sewage collection, treatment, and disposal facilities; 43 3. Solid waste treatment, collection, and disposal facilities; 44 4. Key West Naval Air Station and other military facilities; 45 5. Transportation facilities; 46 6. Federal parks,wildlife refuges, and marine sanctuaries; C47 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 48 properties; 9 1 8. City electric service and the Florida Keys Electric Co-op; and 2 9. Other utilities, as appropriate. 3 4 (i) Protecting and improving water quality by providing for the construction, operation, 5 maintenance, and replacement of stormwater management facilities; central sewage 6 collection; treatment and disposal facilities; and the installation and proper operation 7 and maintenance of onsite sewage treatment and disposal systems. 8 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 9 operation of wastewater management facilities that meet the requirements of ss. 10 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served 11 by central wastewater treatment facilities through permit allocation systems. 12 (k) Limiting the adverse impacts of public investments on the environmental resources of 13 the Florida Keys. 14 (1) Making available adequate affordable housing for all sectors of the population of the 15 Florida Keys. 16 (m)Providing adequate alternatives for the protection of public safety and welfare in the 17 event of a natural or manmade disaster and for a post disaster reconstruction plan. 18 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 19 maintaining the Florida Keys as a unique Florida resource. 20 21 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent 22 with the Principles for Guiding Development as a whole and is not inconsistent with any 23 Principle. 24 thy 25 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida 26 Statute (F.S.). Specifically,the amendment furthers: 27 28 Section 163.3177(4)(a), F.S. — Coordination of the local comprehensive plan with the 29 comprehensive plans of adjacent municipalities, the county, adjacent counties, or the 30 region; with the appropriate water management district's regional water supply plans 31 approved pursuant to s. 373.709; with adopted rules pertaining to designated areas of 32 critical state concern; and with the state comprehensive plan shall be a major objective of 33 the local comprehensive planning process. 34 35 Section 163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources. 36 Section 163.3177(6)(d), F.S. - A conservation element for the conservation, use, and 37 protection of natural resources in the area, including air, water, water recharge areas, 38 wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, 39 lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural 40 and environmental resources, including factors that affect energy conservation. 41 42 Section 163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and 43 standards for conservation that provide long-term goals and which: 44 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative 45 communities, including forests, from destruction by development activities. 10 1 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and ( 2 marine habitat and restricts activities known to adversely affect the survival of 3 endangered and threatened wildlife. 4 f. Protects existing natural reservations identified in the recreation and open space 5 element. 6 g. Maintains cooperation with adjacent local governments to conserve, appropriately 7 use, or protect unique vegetative communities located within more than one local 8 jurisdiction. 9 10 Section 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a 11 coastal management element, appropriately related to the particular requirements of 12 paragraphs (d) and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal 13 management element shall set forth the principles, guidelines, standards, and strategies 14 policies that shall guide the local government's decisions and program implementation with 15 respect to the following objectives: 16 2. Preserve the continued existence of viable populations of all species of wildlife and 17 marine life. 18 3. Protect the orderly and balanced utilization and preservation, consistent with sound 19 conservation principles, of all living and nonliving coastal zone resources. 20 4. Avoid irreversible and irretrievable loss of coastal zone resources. 21 22 VI. STAFF RECOMMENDATION 23 24 Staff recommends APPROVAL of the proposed amendment to create Policy 101.4.20 25 discouraging private applications for future land use changes which increase allowable 26 density/intensity with other criteria. 27 28 III PROCESS 29 30 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, 31 the Planning Commission, the Director of Planning, or the owner or other person having a 32 contractual interest in property to be affected by a proposed amendment. The Director of 33 Planning shall review and process applications as they are received and pass them onto the 34 Development Review Committee and the Planning Commission. 35 36 The Planning Commission shall hold at least one public hearing. The Planning Commission 37 shall review the application, the reports and recommendations of the Department of Planning 38 & Environmental Resources and the Development Review Committee and the testimony given 39 at the public hearing. The Planning Commission shall submit its recommendations and 40 findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing 41 to consider the transmittal of the proposed comprehensive plan amendment, and considers the 42 staff report, staff recommendation, and the testimony given at the public hearing. The BOCC 43 may or may not recommend transmittal to the State Land Planning Agency. The amendment is 44 transmitted to the State Land Planning Agency, which then reviews the proposal and issues an 45 Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, 46 the County has 180 days to adopt the amendments, adopt the amendments with changes or not thie 47 adopt the amendment. 48 11 I VII. EXHIBITS k 2 ` 3 1. Rule 28-20.140, Florida Administrative Code 4 2. Excerpt from 2008 Administration Commission 30-Day Report to Monroe County 5 (October 30, 2008) 6 3. Excerpt from 2009 Administration Commission 30-Day Report to Monroe County 7 (December 17, 2009) 8 4. Excerpt from 2010 Administration Commission 30-Day Report to Monroe County 9 (December 30, 2010) 12 EXHIBIT 1 p. -11 ADMINISTRATION COMMISSION y v=� A ..► — r Rule No.: RULE TITLE NX — �7�7 rmn -o rn 28-20.140: Comprehensive Plan -n^: = Q 0cn r THE FULL TEXT OF THE PROPOSED RULE IS: Om ata 28 20.140 Comprehensive Plan. L)The Monroe County Comprehensive Plan Policy Document,as the same exists on January I,2011, is hereby amended to read as follows: (2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives. La]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 rankingand 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 1 41119 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 ifa construction permit has been issued for the collection system and the ap reel lies within the service area of the wastewater treatment facility. LU_Reporting and Oversight. 0L6eginning 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) lithe 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. �lr (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 Section 381.0065(4)and 403.086(10),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(101 F.S. (4)Policy 216.1.19. Hurricane Modelinp. 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. (:) WORK PROGRAM. (a)Carrying Capacity Study Implementation. 1111/ 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. _,By July I,2012, Monroe County shall adjust the Tier I and Tier 1IIA(SPA)boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM 166 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. ;_By July 1,2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.1 10, 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. -- -_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 I,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 3 4111le Keys to purchase Tier 1 and Big Pine Key Tier II lands and the purchase ofparcels 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_13y July 1 s 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief iii 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 Count) 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 I.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. INF 10. By July I,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. 1 1. 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 I, 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. 4 1 .6y July I,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 I,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. fb) Wastewater Implementation. I. By July ,201 I, 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. December I,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 (DEPJ to fulfill theea a ents of Sections 403 086(10)and 381 0065(3)(h)a d(4)(D F S regarding Sternutation of wastewater treatment and disposal.This will include coordination of actions with DOH and DEP to notifs owners regarding systems that will not meet the 2015 treatment and disposal standards. 3_By July I.2011, Monroe County shall annually draft a resolution requesting the issuance of$50 million of the $200 Tiullion 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. 5 iisv .1 By July I, 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 necessaisto fulfill any terms and conditions associated with bonds. 5_By July I,201 I, Monroe County shall evaluate its wastewater needs and state and federal fundinp oyportunities and apply annually to at least one state or federal grant program for wastewater projects and connections. 66_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_Bv 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. 41111, ---cc}Wastewater Project Implementation. I IK y 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 I.2012, Monroe County shall complete construction of the South Transmission Line b By July I,2013, Monroe County shall complete design of Collection basin C.E,F.G,H, 1,J.and K. c. By July I,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 I,2011, Monroe County shall complete construction of Collection basins I-K• f_Bc July 1,201 I, Monroe County shall complete 50%of hook-ups to Key Largo Regional WWTP. g,By July I,2012, Monroe County shall complete 75%of hook-ups to Key Largo Regional WWTP. It By July I.2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP. Hawk's Cav, Duck Key and Conch Key Wastewater Treatment Facility. a. By July I, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion transmission,and collection system- 1/41119 h By July 1,2013, Monroe County shall complete construction of Duck Key collection system 6 4111/ c_B% July I,2012, Monroe County shall initiate property connections to Hawk's Cay WWTP. A. By December 1,2012, Monroe County shall complete 50%of hook-ups to Hawk's Cay W WTP• r._B'July 1,2013, Monroe County shall complete 75%of hook-ups to Hawk's Cay WWTP:and t: By July L2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP. 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 I,2013 Monroe County shall complete all remaining connections to the South Lower Keys WWTP. Cudjoe Regional Wastewater Treatment Facility. a_ByJuly 1,2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility, the Central Area(Cudioe, Summerland, Upper Sugarloaf)collection system and the Central Area Transmission Main' b. By October I,2012, Monroe County shall initiate construction of Wastewater Treatment Facility,Central Area Collection System and Central Area Transmission Main ¢_sy July I,2014 Monroe County shall initiate construction of Wastewater Treatment Facility Central Area Collection System and Central Area Transmission Main;and d By February I,2012, Monroe County shall complete construction of Wastewater Treatment,Outer Area Collection System and Transmission Main- e_Bv February I, 2015, Monroe County shall complete construction of Outer Area collection and transmission main; ( By July I,2014, Monroe County shall initiate property connections—complete 25%of hook-ups to Cudioe Regional WWTP' u. By July 1,2015, Monroe County shall complete 50%of hook-ups to Cudjoe Regional WWII;and h. By December I, 2015 Monroe County shall complete remaining hook-ups to Cudioe Regional WWTP. (diStormwater 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. 4111/ 2_By July I,201 I, Monroe County shall apply for stormwater grants from the South Florida Water Management District. t H�July I,2011, Monroe County shall complete Card Sound Road stormwater improvements. Rulemzling Authority 380.0552(9), 380.05(22)FS. Law Implemented 380.0552 FS. History—New kr 8 EXHIBIT 2 S STATE OF FLORIDA peeOffice of ifje 4obtrnor THE CAPITOL TALLAHASSEE,FLORIDA 32399-000I ai . www.flgov.com CHARLIE CRIST 850-488-7146 GOVERNOR 850-487-0801 fax October 30,2008 • Honorable Mario Di Gennaro,Mayor Monroe County Florida Keys Marathon Airport 9400 Overseas Highway Suite 210 Marathon,Florida 33050 Dear Mayor Di Gennaro: For many decades,the Florida Keys Area has been recognized as a significant Florida resource for its environmental,natural,and historical characteristics. The Florida Keys designation as an Area of Critical State Concern and the 10-year Work Program have served as critical steps toward protecting water quality,habitat areas,and citizen safety. h is through our continued partnership with county,state, and federal government principals that our goals for sustaining this valuable resource can be achieved. Enclosed are the actions taken by the Commission at the October 28, 2008, meeting. These include the 30-Day Report as required by section 380.0552(4)(a), Florida Statutes, and the Final Order granting Monroe County's Petition for Variance from or Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction. Additionally,the Commission adopted the following directive to state agencies: "The Commission directs the Departments of Community Affairs, Environmental Protection,and Transportation to work with Monroe County and other state and federal entities as part of a working group to help develop strategies to secure protection of environmentally sensitive lands through local, state and federal programs. Furthermore, the Commission directs the Department of Community Affairs to assist Monroe County in its efforts to secure legislation to amend section 380.0552(4),FS. The purpose of the legislation is to provide a process for the removal of the Florida Keys Area of Critical State Concern designation that recognizes the current status of the Work Program tasks and provides a process for completion of additional tasks necessary for removal of the designation, including those related to the protection of 41/ environmentally sensitive lands and affordable housing." Honorable Mario Di Gennaro October 30,2008 Page Two In the next few weeks,the Commission will initiate rulemaking to update and establish the expectations for completion of the Work Program tasks. The Commission welcomes your input and participation in this process as we expect this to be a collaborative effort with Monroe County. The Commission appreciates your continued commitment and service to the public in meeting the objectives of the Area of Critical State Concern designation. Should you have any questions regarding the 30-Day Report or the proposed rule and rulemaking process,please contact Lisa Saliba at(850)487-1884. Sincerely, l..:ajf / terry L. McDaniel, Secretary Administration Commission ihr JLMllks Enclosures cc: Members of the Administration Commission Secretary Thomas G. Pelham, Department of Community Affairs Secretary Michael W. Sole, Department of Environmental Protection Secretary Stephanie Kopelousos,Department of Transportation 0 0 N N 0 ,- j a. j N r N 1 C 1 E C O j U i • 1 f N gc d a a E m E a a) x U Q cc C 0 a w ° 2 E ,2 x 1...1 E a U O a C N m Ocs U O E` 7 y m is C ; N Q.1 n g E. 0. a. 0 0 0I U sO .°- O O I i 2 y ; i o o I- lb. - ° rnN x cr O m d d C xwo CI. (ilei W C U _ 1i OLL g' °- oE Y 0 N 1• 1 M a C N LL M w CO d N 2 W i oD W H .0 C 1 XI cn i .9 w t E 'a g P a m. mg . n co m a o i8 E � !.5'E m o m¢ 5$ m.-LE' c r�m9 ui .8 a `aril m E o 01 C oc m - CO p m- m = rn r LL N D m m E- N N m'i l i V m i7F a H Q= mt E Ea 2 v Erm.. 8 E.f c8 m m Q pp o. W c'R • m Q c c m J c Y 0 ? E 2 0 6. e^ .%m O C rn ,� l' m a ' °"S , g m e `_ 1 ma Emcee =g, R m n E g §- g °g o A 2 c3 q�a T li S' a erg+_ a ' I Q. L [ns m ?4, So_C! 8 v B 5 $ E �° i='iE gg • p W E m . _ d o U c & g C - T n y n m E E H .� 0 H � a& g m E o Ea ¢r 1 1 a 48-, a a 88 m 8 ^ U S �——-� 1 6 $ e E . o 0 2 to - ms OE x re 1.—=E w x w \ i § }\ ) $1 \ i 20 .CEI �) cv ° o / \ ƒ f ) % E ƒ E - 23 c , Jrek� 0 e , $ } a [ ~R ~ 0- a csi o �k k\ aqqq )-x ^ 6 }/ / . - } }) 0 1 >- '. % afa ƒa« ]\\ - &9 § «{! �`#3 I )k\ � )] ))! lam |ƒ \ | , g )) f� \\} o'N h » a {) /)E , _ _ , ;_ ■ \/\ 21/» iii1iouii in i)a k\ /j y, & ƒ` I.• _ £2$ k/e7g/`a-3a » ? g = &/) r $9 #aa» § !!» 2 ) # Q /q • ©2 ® j \ \2/ k§f k) 22) //a7$ /} ` )Iƒ{! o a # /_ @� e ■/ = >= .e r%a�- \2 k�� (i ` 2f$kkk]//~ \I®i\ (k$ g a% )�77kƒ2k> »)} a172 ; /� ) ; , § ®� 2J - . a ° } « ' a ])7 =la/ f2 )2 2#,`a -8 9a-2wi `k� `p� )f\ ( \\] \\ID .S2 2 0aw ®-�� % § !2°= � � & 2 ` @ /)/ ® ! � _ ®®;��t¥a m4 �- } m)_ ;�4 \) ® k}{«k� G ° ®� . ; a =;= a - ;� §� - ® ) � � _{A] § 2 & ( '2 . a2) « #2 4f/� ; § 5 ._ m § � .aa & S . 212 ; Li ) ƒ f \)/ \\k)•th1 jƒ � ))k ( 2 } t! �o |» ,»e -�--- a «zkZ 1 S Z 1 6 I , 4111 i (0 = c w ECEE as E m m ogee cc m w w H4 E x x " '� '� x • o U w m 0 a pa= m w 22 gg qoi o N g o $ ocVa R U5op t A. 4. - _a a mu w o C m E > c c v£w c x X x x x 43, • w d O' N al 2 OO N u - „aCAN U U x U U r a 3 a m m ' -7 ,„ G m 0.v r Ts N-9 0 J Cga N W {9 5m y E gg j m• ._ le l O m 0 -C._ .J m g m E o 9U7 mN v o 8 nnc`8 c Ea t 1111! , ro Y 'd f ro 0 0 p' m 5 a E 2 m _m a= p 8 c i m `—rj o2 L �6 iDa o o Q= o mI c ^m3 LI1 .E r a o w 'g 8 m`*.5 a m o �� 49 , 52DE mdic ?�` m c. ro yi gg $ o ;dQ `S� 2_`ryy u, o o �Mi c a o `S.c ` U c Y3 7 §54 g SIn €C.3 $o 1, c m• CO O a`-a rjN C pF�dI-- , S n.2 _ '$ a tidca aR ... .01.g . — EE' m s o < Ra .. 0g .go 2 E g @m nE., OE oa 2 o ` y 2 c 1 0 y � O8g co 5,s on .t7gmy -8m4 & -C. faccEg f—goO. 4d m m m Y lEa ga qo g gL am m toeO z a ffsP o m iS g 8 o n v$ 2 c i.c2 o m d o LL E U• m 15 U ? m QQ % >>..o y m y� N a o C m C m V c. U me _ ,= m o YJ L ry • zf $ N y ` � n c lac �� c g� �S E `m S'S� �i'2 'S' H 1 m a m g m 0. 17 .so m fiEE£ 8 m co � g.a � s n o c U c �� � � c E o C 8So 1 8 c E pEa al.' E ^1.2 2i 11 m J '• t=a .8a.§ Ea- g U � ¢08g0 a@28a ro $ e FIE I' STATE OF FLORIDA EXHIBIT- 3 f I P ffue of the lit-attune ^,° rnr %PITO] f oWE, LA rALHaGSi i.i i.OkIDA 32394-1001 www.IIgovcom CHARLIE FRLST 850-488-7146 GOVERNOR 850-487-0801 fax December 17, 2009 The Honorable Sylvia Murphy, Mayor Monroe County Murray E. Nelson Government& Cultural Center 102050 Overseas Highway Suite 234 Marathon, Florida 33037 Dear Mayor Murphy: The Florida Keys Area has been recognized as a significant Florida resource for its environmental, natural,and historical characteristics. The designation as an Area of Critical State Concern and the 10-year Work Program in Administration Commission Rule 28-20.110, FAC, have served as critical steps toward protecting water quality, habitat areas,and citizen c ---- -safety in the Florida Keys. It is through our continued partnership with county, state, and federal government principals, and environmental and citizen organizations, that our goals for sustaining this valuable resource can be achieved. Enclosed are the actions taken by the Commission at the November 17, and December 8, 2009, meetings. These include the 30-Day Report as required by section 380.0552(4)(a), Florida Statutes, and the Final Order issued on December 10, 2009, granting Monroe County's Petition for Variance from or Waiver of 20 Percent Rate of Growth Ordinance.Allocation Reduction. During the reporting process,the Department of Community Affairs and the County proposed changes to the Work Program Tasks. These changes will be considered for inclusion in the Administration Commission rule subsequent to legislative action on the consensus legislation presented to the Commission on December 8, 2009. The Commission appreciates your continued commitment and service to the public in meeting. the objectives of the Area of Critical State Concern designation. Should you have any questions regarding the 30-Day Report, please contact Lisa Saliba at(850)487-1884. Sin`�ecerrrely, f },, �` de : Jerry L. McDaniel, Secre Administration Commission JLM/Is hit Enclosures L The Honorable Sylvia Murphy December 17, 2000 Page Two cc: Members of the Administration Commission Secretary Thomas G. Pelham,.Department of Community Affairs Secretary Michael W, Sole, Department of Environmental Protection Secretary Stephanie Kopelousos, Department of Transportation State Surgeon General Ana M. Viamonte Ros, M.D., M.P.H., Department of Health C it. Y Y E `'�Ii o.E a o U Q b K u G if', Y } y C E a E 0 Ui Q Q oao s' moo A I c o Q gag I 2 0.O U �> , E t 8 o E 2 U E 6 c o o :2 _ c ce Y 1 CoE A Ej n.— 8� I a i I 11 Se z; Ii. t a °= 9 4 _ t co i G 0 O i — �r rt 6. .. I HE a r , i toil' _= aia£ 3 . 8g “a i -a,“; I u S gg <kz 1 e ; s21to -If g nIgt RI83 U $ As 8 <`i ; 5 14e qi E eo� A!` Z E }��{ s, 4 S U i O LL Z g6 3 z c�, 5 2 s ;,o��$ YyQ Q U ��N g ka f t o l _ 4 7 ?fig 5ggE ryjn a o S e S io'1 & 0 . off g ,,Ng s s ` 2 �2 2 7 2-z a . R S S b l g 9 9$ t z , ale 8 i'6 O � a q : E i c1 x - m _,, gEg3a go °' a$ z �� CFI i c g r,$`- , n�, , 3 BK § 'Ea 11 �5 �� $ � A All 8 '8 ss ES � zFa b 2Q . m FF . USd,E EE5 c O g $ n g o . g c a° 6` r` a ,�,, g 3 , c* gi 1 i g2 € s A ui a` _.1 a 48 � T. A.#. sS .fir 1 ° i L1 i I .. S 1 iiti C C + E , 2 2 >4 na c o U QE d K '= Y l� r a v. u E 00 y -uu d ill rl tiy<e gg'< F Y P. 2 `8a moo z. ' liam <SE° R to' i g R r: Ems' i t * a E C E Y_U a 74"c €c.eta > t >' ej P S$ K t CC 3 N u R Y 9 O t 66 1 LL a L m $12 j i g' ij Z 3— o ag-2. e1 g` gs4g 2 g s — 3 c # 9 v22 4� tt' 3 a F£ . s g ` e l 3E $ 8 HI 2 hI 171 1}- is X.' 'Vgi • g g a ;.0 W 1 's A ZIP 19 3 a P 6 :9 _ E r „ R c o „ I .Q ;$ $ .€ �b $r6 Za Oil o a 3fi eat 82 s 2 it re- w Q' RP} 23.E F ' S S $ i U I s • ,c, --`-‘3ti 111 0 0g2°o.: uiss1. ysY « b a '" $ offi G0 0F y s s'5 Hg; 2i 5 x S " ati EXHIBIT 4 e s STATE OF FLORIDA WY , effitr of the gubernnr s '. i(' THE CAPITOL • TALH AS .Fi.ORI DA32399-dN II 4.... v LA SEo E www.flgov.com CHARLIE GRIST 850-488-7146 GOVERNOR 850-487-0801 fax December30, 2010 Honorable Heather Carruthers, Mayor Monroe County 530 Whitehead Street Key West, Florida 33040 Dear Mayor Carruthers: The Florida Keys Area has been recognized as a significant Florida resource for its environmental, natural, and historical characteristics. The designation as an Area of Critical State Concern by the Florida Legislature and the 10-year Work Program in Administration Commission Rule 28-20.110, FAC, have served as critical steps toward protecting water quality, habitat areas, and citizen safety in the Florida Keys. It is through our continued partnership with county, state, and federal officials as well as environmental and citizen organizations, that the goals for sustaining this valuable resource iiw---- ------can be achieved. Enclosed are the actions taken by the Commission at the December 7, 2010, meeting. These include the 30-Day Report as required by section 380.0552(4)(a), Florida Statutes, and the approved proposed rule language for Monroe County. The Governor and Cabinet in their capacity as the Administration Commission, appreciate your participation at the December meeting, your support for the staff recommendation and your continued commitment and service to the public in meeting the objectives of the Area of Critical State Concern designation. Should you have any questions regarding the 30-Day Report, please contact Barbara Leighty at(850)487-1884. Sincerely, / j. �;- it yh it c-1/11:Li� Jerry L. McDaniel, $ecr ary , Administration Commis on -- JLM/bl Enclosures cc: Members of the Administration Commission Secretary Thomas G. Pelham, Department of Community Affairs iller Secretary Mimi Drew, Department of Environmental Protection Secretary Stephanie Kopelousos, Department of Transportation State Surgeon General Ana M. Viamonte Ros, M.D., M.P.H., Department of Health __:- y E c m m as m } v w 411111111, i o 'o va' .o c P. c C N N m toC m o cc 0,--v.I pU 0 to-c a -,0 463 LL 3 m 0 cv O c> O ;/1 3 Q U 0 4 N N a <0 Q O O L O >. g'. a 4. _� O• 0 2 C.) cn O R m rva m a m c .-o ro � � m '5 c‘; >. m E o a p U 0 O O O . A l a c m N N �, r > m Ni r ccixa to a co co ® av M o0 m L 0 m a I 0 � m a O R o. a E E E \�7 -n §a g 8 $ 8 O I C ® a z CO q I y Y C N DN O - _ of • — o app 01 v ow, coa. p co rm=o • ® na u I:H O c a H n u..iyymNccE m o . y>_O .g -E V -5 m F 2 [p2 �`>.5C Q �. C N �" t4 05 --• R4 x 9(53E m 6. O m $ a co C o ..H O V .F.I E .y- cU'oc <iym o ACa 4 m m $ c `qV m Po O O N m = c cn m fn v= 2 O 4 '' a `1 co U 'S - a� C C E CO N 1 2 <0'N j-"� LU a AN a A <6p. 2 i0 !U a y C m C N 4 • O L U pp� N NG c>ti,.- O C N <<0 Z 'a, a m E Y CV Q a n o m c c <o m.6 g O m . 8848 u. 0 Eo co`4_' • � c m' o > Qc= .oFa �nm ac � � �.,-y �f.' c om 20 g.3 .'m2EN `'N o m o .2 m c.i 5 • y t.3 Y g E m E o o5 cV• t d ., rn cQ'o O 9 n •" c o m. w E I u v5 C d� viE o EE .. g o .N o am `d'i Uc� g 8 11 mt v H. 1.1 Q 2. .� se n a o fp <^� oo � c 2 n gga <co m w'Q m 0*2 N E X 7iIV U U c V] �: O c <0 2 'o ,co m 0 0 Z 70 y c E �, m E m a o .E m e 8 ac a -o O � sL; t'�� o o c � Lu pEE*a E 8 8 m . x 16 , 8 1-Z 4 ao m E m5 S2 g mM. no L rng' .o ai dF c E 2 Ti j Qo mU !. A 2 6 flU c Sc5 gn. al '� • 0 9 n o c CO e S c c m CJ'- CL Y' <° °: v c N o o c E o' .4 c c $ p N `a ai ` �. .E cco a e ' g'� Aa. a `° E `,q �- m `1ry m>- o 'M �` fO o 5. $8' c 8. 25 m c$ W M< O O(_) 0 , N O V a O C C C as Lc �O; 4' m r m E CD O I C n G E A C co 0 m C KK y G •L o 2 0 6 �/3 E 4 u- o m m $ m w S p '3 .- w tm„ 1Og. rn E 5 N i c a .... c o <°-3 a. a' m a�i o. 5'<° y c m .$� - E a,m Oy �,I m aE E c a y g <° m '�Q RO7'o m24 N ctNa icyoL UPI .. 28 44 a c▪ L� Ea - �3 N o a o �ac3e S N m ' � 2 Q !! O. c o m y 5 $q� �=L S o f 8 2 el_ _ N s e g T, EJi s ' • if)� b 2' Q U I +Y. .N L E <pp O LL o' y pE n Z. �`"p <a N E yn g E a o c G E 0 J Eh'i p rm C C O L 12 2 i— N .: O C } C O a, O O D 2 C gang. C 1 Ja o ii FOcoQ-! yS O` o m E ti r w' �.w �_' g�g�� _ Z. v c Y „� y ro E o R giO g' — ERR OmE n RijsmIg svE '2 Y a < E o 1- �3 g H $ m o a $ 3 E � ac3 a' mo 0 i Q 4.F OL r g m a- W , g m '_- w- U c 2 c Q o- E o.' c 0 d g >UTI :1 I= <d� n ciS SQ: 0 .d0 <o c`mia d $ cs coi �Q3 °� nE� `sue' S o ,�,i ° � E1m9 as om ocL VI rc EW > > „ 28 i°- e a w m —. '53 c S cn co c- N O, p LL Ug'a R R R R R A Sett 9 > -9 i 9 `catXE � - 0 0 2 U a O r- N O O m 1z15 R R R R C Z E m C_ T coca 8w8 U • Wo0.6 c O 2 o c 2 2 8 a m cmw r r Cu 0 O M m n-m, d d ,�r. C ro Eaa E E 'E to U o U 3 s o U cu o 5 S gl § g0 � i z6 15 cO � g2 cmc � ng8m c. g ys8' $ ym mi2g 3esg @a m ca Eo N j ] P e§_a < g �b . g RrT9qo g ° � � H T q Ts, ET m.LL.SZ y s ; 8 E " C L E � c '°'w5 v u `c 5 = E o g S ill e. .- Oq� m 14 . 4C p E cp € " c io"g g s LL 5 D m N N 1 O '3 g M . Ag o Eg §..Mg5 . m g � o a A o i n g g c o 1 5 e c - S c 5 a�7 m c c -� c S N g m S= c 3.wg E $a E c"d m - 2 B.m ? ,-L.2 LL a', 5 "g 9g 2 m c N 5 a`Q ; m e' 1 22 '- 2g c “a� -S L3 3S C 5 2ig o Di- C g S 'R _ 1 .2 4- g m 2. 2 1'� j 'v g r 9 n Z. $ o m E O "t.` $-,i o �g „ o v jpg$ �`£r a{� A v. • Gi 111101 tib: HIll fill! H Sm� ��v c- gId $ �° Sl g c: 2 $1- t- E c i w -EL 0 �S 's _I U. J ui 8 o g 5 g. ..8 as �' 8 H g m