Item P2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21,,2014 Division: Growth Management
Bulk Item: Yes — No X Department: PlarmI Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners amending Land Development Code (LDC) § 114-3 to provide clarification of which
sites may be exempt from the storm water management criteria. (Legislative Proceeding)
ITEM BACKGROUND: Currently, applicants are required to submit stormwater management plans for the
placement of any structure that changes the design peak discharge rate, volume or pollution load of stormwater runoff, or
impervious coverage of site area of the site on which the structure is located. Resurfacing of existing impervious areas is
not exempt from providing a stormwater management plan, even, if it does not change the discharge rate, volume or
pollution load under the current code.
The current regulations within the Land Development Code addressing stormwater provide limited exemptions for sites
maintaining existing impervious area:
114-3(c)(2)-, Except in the case of single-family and duplex homes, maintenance, alteration or improvement of an
existing structure on site that will not increase the designed peak discharge rate, volume pollution load of stormwater
runoff, or impervious coverage of site area of the site on which that structure is located. Placement of a new structure
that does not change the designed peak discharge rate, volume or pollution load, or increase impervious coverage of
site area of stownwater runoff from the site, is also exempt. Resurfacing of existing impervious areas is not exempt
under this provision.
The resurfacing of existing impervious areas does not change the designed peak discharge rate, volume or pollution load,
or increase impervious coverage of site area of stormwater runoff from the site and therefore is consistent with the
exemption criteria for other existing structures. In addition, the requirement of a stormwater management plan for
resurfacing of existing impervious area can increase cost at a disproportionate rate in relation to the dollar value of the
improvement. As a result, improvements may be postponed and may result in unsafe deteriorated site conditions, such as
potholes.
During a regularly scheduled meeting held on January 28, 2014, the Development Review Committee reviewed the
ordinance and recommended approval to the ROCC. During a regularly scheduled public hearing held on March 26,
2014, the Planning Commission reviewed the ordinance and recommended approval to the ROCC.
PREVIOUS RELEVANT BOCC ACTION: MCC § 114-3 was last revised with Ordinance No. 03 3 -2005.
CONTRACT/AGREEMENT CHANGES: ma
STAFF RECOMMENDATIONS: Approval.
111IN111111 NO =
............. ........................
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT P.:
.: BY: County Afty!k j OMB/Purchasing — Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
a
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MONROE COUNTY, FLORIDA
DA
9 MONROE COUNTY OA OF COUNTY COMMISSIONERS
10 ORDINANCE NO. -2014
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING NRGE
14 COUNTY CODE SECTION 114- , SURFACE ATER
15 MANAGEMENT CRITERIA; REVISING THE
16 EXEMPTION THRESHOLD FOR MAINTENANCE AN
17 REPAIR FOR EXISTING IMPERVIOUS COVERAGE FOR
18 COMMERCIAL SITES; PROVIDING FOR SEVE ILITY;
19 PROVIDING FOR REPEAL OF CONFLICTING
20 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
21 STATE LAND PLANNING ING AGENCY AND THE
22 SECRETARY OF STATE; PROVIDING FOR
23 CODIFICATION; PROVIDING FOR AN EFFECTIVE
24 DATE.
25
26
27 WHEREAS, resurfacing of existing impervious eas does not change the designed peak
28 discharge rate, volume or pollution load, or increase impervious coverage of site area of
29 stormwater ranoff from the site, and
30
31 WHEREAS, the requirement of a stormwater management plan for resurfacing of
32 existing impervious oa can increase cost at a disproportionate rate in relation to the dollar value
33 of the improvement; d
34
35 WHEREAS, Planning & Environmental Resources Department staff determined that the
36 regulations within Section 114-3, Surface Water Management Criteria, are insufficient to provide
37 limited exemptions for sites maintaining existing impervious area; and
3
39 WHEREAS, this text amendment revises the provisions related to the maintenance of
40 existing impervious area; and
41
42 WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
43 County Development Review Committee reviewed the ordinance and recommended approval to
44 the Board of County Commissioners; issioners, d
45
i
I WHEREAS, during a regularly scheduled public meeting held on March 26, 2014, the
2 Monroe County Planning Commission reviewed the ordinance and recommended approval to the
3 Board of County Commissioners.
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
6 COUNTY COMMISSIONERS:
7
8 Section 1. The Monroe County Code shall be amended as follows (deletions are stricken thre
9 and additions are underlined :
10
11 Sec. 114-3. Surface water management criteria.
12
13 (a) Intent. It is the intent of this section to establish guidelines and criteria for the safe
14 management and disposal of stormwater runoff from developed areas that will minimize or
15 eliminate any resultant adverse impacts on the surface water, groundwater, and other
16 natural resources of the county. These procedures are intended to assist in protection of the
17 vital water resources of the Florida Keys, including the reservoir of freshwater on Big Pine
18 Key and the near shore waters of the both Gulf of Mexico, Florida Bay and the Atlantic
19 Ocean.
20
21 (b) Jurisdiction. The subject area shall be the unincorporated sections of the county.
22 However, because stormwater does not follow political boundaries, municipalities should,
23 within 112 m mits of the elbeefive d
24 adopt and implement stormwater management ordinances reflective of the conditions in
25 their corporate jurisdictions.
26
27 (c) Applicability. Single-family and duplex hemes residences are required to observe best
28 management practices (BMP's) as identified in the sections of the county's manual of
29 storrinvater management practices clearly labeled as applicable to single-family and
30 duplex harries -residences. In addition, regulation of stornissater management practices for
31 single-family and duplex homes residences will be limited to the criteria, administrative
32 procedures, and maintenance/retrofitting requirements identified in subsection (d) (a) of
33 this section and other applicable provisions of the land development regulations and
34 comprehensive plan. All applications for a county building permit will be required to
35 contain a storrawater management plan .—eWifig exceptions. accept those
36 identified in subsection idl
37
38 I.I.4--aamanee work- ffil mesquite
39 ..--ifiers--ion-peses, provided that
40 pollution lead;
41
42 nupsevement--of an existing stmenffe s. dl net mer
43 gunen 1 ad of ste sa�
44 fir A am a fri-new-stmelerre-4hat-dees,
-A I-
45 net. strange the des'. . pes diseharge �memase
f
exea et
ston:ff water
2 Resur-fae
3
4 when obtaii&it
a permA
is
5 pfopefty ffem
6 w4ion .7LIiiZlAl be
--4-
as som
as able.
All
7 aefieft sh
8
9 (4) Single-family
and
duple* hot buih
en ind"
le4s
of an emis-tfi-
1.14. 1 *
10 91.1isiiii.wisfiefl, Fal-
I 11 1 1 ll�
4 - -+- -7-+
+ - -+--
- by the
-Ill
i - --fffill-le-r- ffiffin
agemewd
ll'Im O.YOMM --ypf
11 Gf
12 is pfevided as
p ef
matief
i
13
WMEM
I
and or overhead pjjjjjy-hdUfie-s
such
2
surface
3
with in -kind material or materials with similar runoff characteristics-
4
5
(6)
Installation of a new or replacement of an e2jstin_pghUg.minas
syste , public
6
combined sewer,
7
8
(7)
Road maintenance limited to the folio activities:
9
md-Lquare c
D Pothole gpq square cut patching,
10
Wil---
avernent with
11
gphalt or concrete out Mandin Lthe area of coverage,
12
ffifil Shoulder gadin
13
(iv) esha ins or re actin drainage ditches°
14
(v)— Crack sealin --and
15
Lvi)-- Vegstation maintenance.
16
17
(d) Lej
Single-family and duplex homes -residences.
18
19
20
21
(e)
General criteria
22
23
24
25
(4)
Technical criteria.
26
27
28
29
(g) N
Stormwater management plans.
30
31
32
33
@
Manual and brochure cif stormwater management practices.
34
35
36
37
Administration.
38
39
40
41
Maintenance and inspection.
42
43
44
45
(k) (D
Enforcement and penalties.
46
2
3 (4) Lm) Appeals-
4
5
6
7
8 Section 2® 5everability.
9 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
10 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
11 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
12 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
13 involved in the controversy in which such judgment or decree shall be rendered.
14
15 Section 3. Conflicting Provisions®
16 In the case of direct conflict between any provision of this ordinance and a portion or provision
17 of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
18 apply.
19
20 Section 4. Transmittal.
21 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
22 380.05 (11) and F.S. 380.0552(9).
23
24 Section 5,1ifing.
25 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
26 become effective until a notice of Final Order is issued by the Florida State Land Planning
27 Agency or Administration Commission approving the ordinance and any challenge to the order is
28 resolved.
29
30 Section 6. Inclusion in the Monroe County Code.
31 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
32 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
33 appropriately renumbered to conform to the uniform marking system of the Code.
34
35 Section 7. Effective Date.
36 This ordinance shall become effective as provided by law and stated above.
37
38
39
40 (REMAINDER OF PAGE INTENTIONALLY BLANK)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of 52014.
Mayor Sylvia Murphy
Mayor pro tess Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
By By
Deputy Clerk Mayor Sylvia Murphy
MONROE COUNTY ATTORNEY
PROVED ATO FORM:
STEVEN TILLIAMS
ASSISTANT UNTY ATTORNEY
Date
- - i
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
We ,strive to be caring, professional andfair
To; Monroe County Board of County Commissioners
Through; Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Reynaldo Ortiz, Assoc. AIA, AICP, Planning & Biological Plans Examiner Supervisor
Dates January 30, 2014
Subject: AN ORDINANCE BY THE ti ONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 114-
3, SURFACE WATER AXINAGEMENT CRITERIA; REVISING THE
EXEMPTION THRESHOLD FOR MAINTENANCE AND REPAIR FOR
EXISTING IMPER VIO US COVERAGE FOR COMMERCIAL SITES;
PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL O
CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,.
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATA.
Meeting: May 21, 2014
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing an amendment to the text
5 of § 114-3 of the Monroe County Code. The purpose of the proposed amendment is to
6 provide clarification of which sites may be exempt from the storm water management
7 criteria.
8
9 II RELEVANT PRIOR COUNTY ACTIONS:
10
11 Policy 101.9.1 of the Monroe County 2010 Comprehensive Plan currently reads:
12
13 Upon adoption of the Comprehensive Plan, Monroe County shall adopt and implement
14 the level of service standards for stownwater management established in Drainage Policy
15 1001 ° 1.1. These level of service standards ensure that at the time a development permit is
16 issued, adequate stormwater management facilities are available to support the
17 development concurrent with the impacts of such development.
l
Page I of 7 (File #2014-009)
1 Policy 101.9.2 of the Monroe County 2010 Comprehensive Plan currently reads:
2
3 By January 4, 1997, Monroe County shall adopt a Storrawater Management Ordinance.
4 This ordinance shall require that all improvements for replacement, expansion or increase
5 in capacity of drainage facilities conform with the adopted level of service standards for
6 new development.
7
8 Policy 102.5.1 of the Monroe County 2010 Comprehensive Plan currently reads:
9
10 Monroe County shall develop and implement permitting, inspection, and enforcement
11 procedures designed to reduce pollutant discharges into ground and surface waters from:
12 1 on -site disposal systems (by January 4, 1998) (See Sanitary Sewer Goal
13 901 and related objectives and policies);
14 2. secondary sewage treatment plants and injection wells (by January 4, 1
15 998) (See Sanitary Sewer Goal 901 and related objectives and policies);
16 3. moored/anchored vessels (livesboards) in near -shore waters (by January 4,
17 1998) (See Conservation and Coastal Management Objective 202.4 and
18 related policies);
19 4. marinas and fooling facilities (by January 4, 1998) (See Conservation and
20 Coastal Management Element Objective 202.5 and related policies); and
21 5. stormwater runoff (by January 4, 1997) (See Drainage Goal 1001 and
22 related objectives and policies).
23
24 Policy 105.1.4 of the Monroe County 2010 Comprehensive Plan currently reads:
25
26 Monroe County shall prepare redevelopment standards and amend the Land Development
27 Regulations to address the large number of non -conforming commercial structures that
28 are non -compliant as to on -site parking, construction and shoreline setbacks, storrawater
29 management, landscaping and buffers. By identifying the existing character and
30 constraints of the different island communities, regulations can be adopted that provide
31 incentives for redevelopment and permit the continuance of businesses while moving
32 towards an integrated streetscape.
33
34 Policy 102.10.3 of the Monroe County 2010 Comprehensive Plan currently reads:
35
36 By January 4, 1997, Monroe County shall adopt a Storrawater Management Ordinance
37 which adopts the level of service standards for the quality and quantity of storrawater
38 discharges in this Comprehensive Plan (See Drainage Policy 1101.1.1). Best management
39 practices (BMPs) developed pursuant to Policy 202.10.2 above for temporary and
40 permanent erosion and sedimentation control shall be incorporated by reference into this
41 ordinance and shall be recommended for use to meet water quality criteria of the
42 ordinance. At a minimum, BMPs shall include minimizing alteration of the natural
43 landscape due to paving and elevation changes and the use of retention basins, detention
44 basins, vegetated swales, and/or exfiltration trenches on site, as appropriate.
45
Page 2 of 7 (File #2014-009)
I Policy 1001.1.2 of the Monroe County 2010 Comprehensive Plan currently reads:
2
3 By January 4, 1997, Monroe County shall adopt Land Development Regulations which
4 provide a Concurrency Management System (See Capital Improvements Policy
5 1401.4.5). The Concurrency Management System shall ensure that no permits will be
6 issued for new development unless adequate stormwater management facilities needed to
7 support the development at the adopted level of service standards are available concurrent
8 with the impacts of development.
9
10 Policy 100 1. 1. 3 of the Monroe County 2010 Comprehensive Plan currently reads:
11
12 By January 4, 1997, Monroe County shall adopt a Stownwater Management Ordinance
13 which establishes level of service standards for the quality and quantity of stormwater
14 discharges for single family residential development and redevelopment which utilizes
15 Best Management Practices and Design Guidelines in their implementation.
16
17 Policy 1001.1.4 of the Monroe County 2010 Comprehensive Plan currently reads:
18
19 By January 4, 1997, in conjunction with the adoption of the Stormwater Management
20 Ordinance, all improvements for replacement, expansion or increase in capacity of
21 drainage facilities shall conform to the adopted level of service criteria for new
22 development.
23
24 Policy 100 1. 1. 5 of the Monroe County 2010 Comprehensive Plan currently reads:
25
26 By January 4, 1997, Monroe County shall adopt Land Development Regulations which
27 ensure county review of all development permits for compliance with adopted
28 stormwater management design criteria prior to approval by the issuing agency.
29
30 MCC § 114-3 was last revised with Ordinance No. 03 3 -2005.
31
32 During a regularly scheduled meeting held on January 28, 2014, the Development Review
33 Committee reviewed the subject request and recommended approval to the BOCC.
34
35 During a regularly scheduled meeting held on March 26, 2014, the Planning Commission
36 reviewed the subject request and recommended approval to the BOCC.
37
38 111 REVIEW
39
40 Currently, applicants are required to submit stownwater management plans for any placement
41 of structure that changes the design peak discharge rate, volume or pollution load of
42 stormwater runoff, or impervious coverage of site area of the site on which the structure is
43 located. Resurfacing of existing impervious areas are not exempt under current code.
44
45 The current regulations within the Land Development Code addressing stormwater provide
46 limited exemptions for sites maintaining existing impervious area:
Page 3 of 7 (File #2014-0091
1 114-3(c)(2) Except in the case of single-flarrily and duplex homes, maintenance,
2 alteration or improvement of an existing structure on site that will not increase the
3 designed peak discharge rate, volume pollution load of stormwater runoff, or
4 impervious coverage of site area of the site on which that structure is located.
5 Placement of a new structure that does not change the designed peak discharge rate,
6 volume or pollution load, or increase impervious coverage of site area of stormerater
7 runoff from the site, is also exempt. Resurfacing of existing impervious areas is not
8 exempt under this provision;
9
10 The resurfacing of existing impervious are does not change the designed peak discharge
11 rate, volume or pollution load, or increase impervious coverage of site area of stormwater
12 runoff from the site and therefore is consistent with the exemption criteria for other existing
13 structures. In addition, the requirement of a stormwater management plan for resurfacing of
14 existing impervious area can increase cost at a disproportionate rate in relation to the dollar
15 value of the improvement. As a result, improvements may be postponed and may result in
16 unsafe site conditions.
17
18 Staff is proposing clear exemptions to the requirement of storrawater management plans,
19 including maintenance of existing impervious areas.
20
21
22 Therefore, staff recommends the following changes (deletions are stricken Off and
23 additions are underlined):
24
25 See. 114-3. Surface water management criteria®
26
27 (a) Intent. It is the intent of this section to establish guidelines and criteria for the safe
28 management and disposal of stonrovater runoff from developed areas that will minimize or
29 eliminate any resultant adverse impacts on the surface water, groundwater, and other
30 natural resources of the county. These procedures are intended to assist in protection of the
31 vital water resources of the Florida Keys, including the reservoir of freshwater on Big Pine
32 Key and the near shore waters of the both Gulf of Mexico, Florida Bay and the Atlantic
33 Ocean.
34
35 (b) Jurisdiction. The subject area shall be the unincorporated sections of the county.
36 However, because stormwater does not follow political boundaries, municipalities
37 should,
3, adopt and implement stormwater management ordinances reflective of the
39 conditions in their corporate jurisdictions.
40
41 (c) Applicability. Single-family and duplex hemes residences are required to observe best
42 management practices (BMP's) as identified in the sections of the county's manual of
43 stormwater management practices clearly labeled as applicable to single-family and
44 duplex homes -residences. In addition, regulation of storimeater management practices for
45 single-family and duplex heames residences will be limited to the criteria, administrative
46 procedures, and maintenance/retrofitting requirements identified in subsection (d) (a) of
Page 4 of 7 (File #2014-009)
Page 5 of 7 (File #2014-009)
1
2
3
4
5
6
7
8
9
when obtaining a..p grrm j �Q would cause undue hardship otection of
prop hazards. A reDort of the
emergency -action shall be made to the gpunty administrator as soon as-practigable. All
and be
remedied after the emergency has- passed;
LUMP
subdivision, provided a stormwater manqgerne Le�����
da Water Management District'is
in place _.and is rovided as part of the gpplication materials;
(6) Installation of a new or Mlacement of an existing --public_drainage s stem ublic
combined s
(71,Rcad ..maintenance limited to the fbIIojyjq&activities:
CiLPothole and square cu�tatclnn*
(ii) Overlayi e istin h t cr concrete car i pe is s brick pave ent with
asphalt or concrete
Cfi:ijShouIder zjdin
(iv)ReLhapjn&,or..reUa [in drama e--d—ig_h-es.,,
Cvj Crack sealing, and
(vi) Vegetation maintenance.
(e) (f) General criteria.
(4) Technical criteria.
0]) Star water management plans.
Page 6 of 7 (File #2014-009)
1 (h) Q1 Manual and brochure ofstormirater management practices.
2
3
4
5 Administration.
6
7
8
9
10 Maintenance and inspection.
11
12
13
14 (k) fD Enforcement andpenalties.
15
16
17
18 (1) Lm) Appeals.
19
20
21
22
23 Its RECOMMENDATION
24
25 Staff has found that the proposed text amendment would be consistent with the provisions of
26 MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
27 those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
28 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
29 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
30 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
31 the proposed text amendments are necessary due to recognition of a need for additional detail
32 or comprehensiveness.
33
34 Staff recommends that the Board of County Commissioners amend the Monroe County Code
35 as stated in the text of this staff report.
Page 7 of 7 (File #2014-009)