Item B11! . 0 0 1
Meeting Date: September 2, 2015 Department; Planning & Environmental resources
Bulk Item. Yes X No _ Staff Contact Person/Phone : Christine Hurlev 289 -2517
Maytd Santamaria 289 -2562
AGENDA ITEM WORDING; Approval, pursuant to Section 163.3184(4)(e) I., F.S., for the Director
of Planning & Environmental Resources to send a letter to the State Land Planning Agency requesting
an extension of time to adopt the Monroe County 2030 Comprehensive Plan transmitted to the state
Land Planning Agency on January 14, 2015 via Resolution 026 -2015.
ITEM BACKGROUND: On January 14, 2015, the BOCC held a special meeting and voted to
transmit the Monroe County 2030 Comprehensive Plan. The State Land Planning Agency issued it
Objections, Recommendations and Comments (ORC) report on April 28, 2015. The State Land
Planning Agency identified 7 objections and 4 comments in the ORC report. The County must address
the 7 identified objections and determine whether to adopt the amendments, adopt the amendments
with changes or not adopt the amendment.
While working on the response to the ORC and finalizing any comprehensive plan amendments, the
County is also working with Keith and Schnars, P.A. to finalize Phase 4 (updated Land Development
Code) of the four - phased Comprehensive Plan update process. The Comprehensive Plan (Plan) update
process started with the updating and revising of the Technical. Document (the Data and Analysis to the
Plan), which was completed in May 2011. The Monroe County 201.0 Comprehensive Plan Evaluation
and Appraisal Report (EAR) was completed and adopted by the BOCC on May 22, 2012. The
proposed Monroe County 2030 Comprehensive Plan which was transmitted to the State Land Planning
Agency, as approved by the BOCC on January 14, 2015. The Land Development Code update is
ongoing, with the BOCC reviewing draft amendments on September 2, 2015 and October 1, 2015.
The County is anticipating adopting both the 2030 Comprehensive Plan and the updated Land
Development Code to implement the comprehensive plan in early 2016.
Based on the issuance of the ORC report on April 28, 2015, the current adoption deadline for the
Comprehensive Plan amendment package is October 25, 2015. Staff is recommending requesting up
to an additional 180 days (approx. April 22, 2016) to allow the County to address the ORC report and
adopt the 2030 Comprehensive Plan and updated Land Development Code at the same time to ensure
consistent effective dates (and avoid inconsistencies between a new comprehensive plan and the
existing land development code).
PREVIOUS RELEVANT BOCC ACTION:
On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC on the
Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive Plan
On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of the draft
Evaluation and Appraisal Report.
On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of the draft
Evaluation and Appraisal Report.
On May 22, 2012, the BOCC adopted, by Resolution 150- 201.2, the 2012 EAR for the Monroe County
Comprehensive Plan.
On March 21, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Introduction and Background, Mass 'Transit Element, Traffic Circulation Element; Capital Improvements
Element; and the Conservation and Coastal Management Element.
On April 23, 2€114, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Energy and Climate Element; Cultural Resources Element; and Future Land Use Element.
On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water Element;
Intergovernmental Coordination Element; Ports, Aviation and Related Facilities Element; Housing Element;
Recreation and Open Space Element; Natural Groundwater Aquifer Recharge Element; Public Participation
section; Monitoring and Evaluation section and the Glossary.
On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and
provided direction on all the proposed elements of the 2030 Comprehensive Plan, The BOCC continued to
hearing to October 7, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the State Land Planning Agency.
On October 7, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed, discussed and
provided direction on all the proposed elements of the 2030 Comprehensive Plan. The BOCC continued to
hearing to December 10, 2014, to consider the transmittal of the proposed amendments (the Monroe County
2030 Comprehensive Plan) to the State Land Planning .Agency.
On December 10, 2014, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed and
provided direction on proposed elements of the 2030 Comprehensive Plan related to height and offshore islands.
The BOCC continued the transmittal hearing to January, 14, 2015, to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On January 14, 2015, the BOCC held a public hearing (transmittal hearing) and reviewed, discussed and
provided direction on proposed elements of the 2030 Comprehensive Plan and voted to transmit the proposed
2030 Comprehensive Plan to the State Land Planning Agency for review.
It
TOTAL INDIRECT D
1011 ' 11 .1
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 overseas Highway, suite #400
Marathon, FL 33050
Voice: (305) 289 -2500
Fax: (305) 289 -2536
Board of County Commissioners
Mayor Danny L. Kolhage, Dist. 1
Mayor Pro Tern Heather Carruthers, Dist. 3
David Rice, Dist. 4
George Neugent, Gist. 2
Sylvia Murphy, Dist. 5
We strive to be curing, professional, and fair.
September 2, 2015
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
Re: Monroe County Year 2010 Comprehensive Plan (Proposed Amendment ( 15 -3 ACSQ
Dear Mr. Eubanks,
Pursuant to Chapter 163.3184(4)(e) l., Florida Statutes the Monroe County Planning & Environmental
Resources Department, acting within the jurisdiction of the Florida Keys Area of Critical State Concern
(designated pursuant to Section 380.05, F.S.), hereby requests an extension to the 180 day tirneframe for
the adoption of the proposed Monroe County 2030 Comprehensive Plan transmitted to the state Land
Planning Agency on January 14, 2015 via Resolution 026 -2015. The County is requesting an extension to
April 22, 2016. These amendments were heard at a special meeting of the Board of County
Commissioners on January 14, 2015, and were subject to state Coordinated Review Process, Section
163.3184(4), F.S., and the State Land Planning Agency formally reviewed the proposed Comprehensive
Plan amendments, issuing an ORC Report on April 28, 2015.
Copies of this time extension request are also being provided to the South Florida Regional Planning
Council, Department of state Florida Bureau of Historic Preservation, Florida Fish and Wildlife
Conservation Commission, Department of Agriculture and Consumer Services, Florida Department of
Environmental Protection, Florida Department of Transportation, United States Navy (Naval Air station
Key West - Boca Chica), South Florida Water Management District, City of Key Colony Beach, Village
of Islamorada, City of Layton, City of Marathon and City of Key West.
1
The following table summarizes the items in the proposed amendment package:
,Amendment Name Description PC BOCC
Hearing Date Hearing late
Resolution 026 -2015
Transmitting an ordinance
This proposed amendment
amending the Year 2010
amends and updates the Monroe
Comprehensive flan to be
County Year 2010 .
consistent with the
Comprehensive Plan to be
Technical Document
consistent with the results of the
July 23, 2014,
Update, the adopted 2012
Technical Document update
November 15, 2013
October 7, 2014,
Evaluation and Appraisal
(Data and Analysis), the adopted
December 10, 2014,
Report, the 2014
2012 Evaluation and Appraisal
January 14, 2015
Evaluation and Appraisal
Report, the 2014 Evaluation and
Notification Letter, and
Appraisal Notification Letter
adopting the Monroe
and create the Monroe County
County Year 2030
Year 2030 Comprehensive Plan.
Comprehensive Plan.
Thank you in advance for your timely review of these materials. Should you have any questions about
the proposed request, please contact me at (305) 289 -2562 and santamaria- mayte @monroecounty- fl.gov.
Sincerely,
Mayt6 Santamaria
Sr. Director of Planning and Environmental Resources
Enclosures
cc: Comprehensive Plan Review, Department of Agriculture and Consumer Services
Plan Review, Florida Department of Environmental Protection
Deena Woodward, Florida Department of State, Bureau of Historic Preservation.
Scott Sanders, Florida Fish and Wildlife Commission
Kenneth Jeffries, Florida Department of Transportation
Jim Murley, South Florida Regional Planning Council
Terry Manning, South Florida Water Management District
Ron Demes, United States Navy, Boca Chica Naval Air Station
Cheryl Cioffari, Village of Tslamorada
Cathy Henninger, City of Key Colony Beach
Thaddeus Cohen, City of Key West
George Garrett, City of Marathon
Norman Anderson, City of Layton
Board of County Commissioners (w /o enclosures)
Bob Shillinger, County Attorney (w /o enclosures)
Roman Gastesi, County Administrator (w /o enclosures)
Christine Hurley, Assistant County Administrator (w /o enclosures)
z
UPRI I W-A Now
The Honorable Danny Kohlage, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Dear Mayor Kohlage:
The Department of Economic Opportunity has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 15-3ER), which was
received and determined complete on March 3, 2015. We have reviewed the proposed
amendment in accordance with the state coordinated review process set forth in Sections
163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part 11, F.S.
Review comments received by the Department from the appropriate reviewing agencies are
also enclosed.
The attached Objections, Recommendations, and Comments Report outlines our
findings concerning the amendment. We have identified 7 objections and 4 comments and
have included recommendations regarding measures that can be taken to address each
objection.
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184 (4) (e) 1, F.S., provides that if
the second public hearing is not held within 180 days of your receipt of the Department of
Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by
agreement with notice to the Department of Economic Opportunity and any affected party that
provided comment on the amendment. For your assistance, we have enclosed the procedures
for final adoption and transmittal of the comprehensive plan amendment.
Florida Department of Economic Opportunity ! Caldwell Building 1 107 E. Madison Street Tallahassee, FL 32399
866.FLA.2345 1 850.245.71 05 850.921.3223 Fax
www.floridaiQbg.Q W!--nU-M�=K.G=IELD—F-0 Y=,facebook-com/FLDEQ
Honorable Danny Kohlage, Mayor
A® 28, 2015
Page 2 of 2
If you have any questions related to this review, please contact Rebecca Jetton, at (850)
717-8494, or by email at Rebecca.Jetton@deo.myflorida.corn.
Sincere
Division
, )ent
Enclosures: Objections, Recommendations, and Comments Report
Agency Comments
Procedures for Adoption
cc: Christine Hurley, Growth Management Director
James F. Murley, Executive Director, South Florida Regional Planning Council
kyj
1. C on sistency with Chapter 163, Pat _ll,and Chapter 380, Part I
The Department has the following objections and comments to the proposed comprehensive
plan amendment:
Objection 1: Future Land Use Element (FLUE) Policy 101.5,25, Footnote I has been added which
provides specific language regarding a Commercial Fishing District located on Little Torch
Key. The footnote indicates a density of one unit per acre in addition to the non-residential
uses that are allowed under the land development regulations for this zoning district. The area
is developed with single family homes, although the Mixed Commercial Fishing District does not
allow residential development. The adopted plan allows the replacement of lawfully
established units. No data was provided to indicate why this area should have a density of one
unit per acre under the footnote. The creation of this exemption creates an internal
inconsistency regarding density with the assigned Future Land Use Map with no explanation,
data, or analysis.
Authority: Sections 163.3177(1)(f)(1); 163.3177(2); 163.3177(4)(a) 163.3177(6)(a); and
380.0552(7)(a) and (m), Florida Statutes (F.S.).
Recommendation: Delete the exemption for Commercial Fishing District 20 or provide
justification for exempting this area, or alternatively consider changing the land use.
Objection 2: Conservation and Coastal Management Element Goal 207 and the underlying
polices address resource extraction and contain a prohibition on new resource extraction
activities. The underlying policies have been modified to recognize ongoing resource extraction
activities even though no new annual operating permits have been issued by the county for this
purpose in several years and current regulations require an annual operating permit in order to
conduct lime rock extraction. Policy 207.1.3 provides that the county will take proper
precautions to prevent adverse impacts from blasting within two miles of areas with
development of more than one unit per acre. The policy has been modified to state that the
County shall "maintain land development regulations to prevent adverse impacts from
blasting. The County deleted the words" within two miles of areas with development of more
than one unit per acre". The land development regulations do not address blasting.
Authority: Sections 163.3177(1); 163.3177(2); 163.3177 (4)(a); 163.3177(6)(d)2.b and
380.0552(7)(a) , F.S.
Recommendation: Do not adopt the revised policy. Instead, modify the policy to prohibit the
use of resource extraction by blasting.
Objection 3: Conservation and Coastal Management Element Objective 208.3. provides that
the County will revise land development regulations to protect fresh groundwater lenses from
accelerated saltwater intrusion due to lime rock mining activity. The County has stricken
Objective 208.3 and Policy 208.3.2. No data has been submitted that indicates there is no
longer a need to protect the fresh water lens from lime rock mining and salt water
intrusion. Data provided with the amendment indicates the presence of a freshwater lens on
Big Pine, and No Name Key, and to a lesser degree, on some of the lower keys.
Authority. Sections 163.3177(1)(f); 163.3177 (4)(a); 163.3177(6)(d)2.b.; 163.3178 (2)(b); and
380.0552(7)(a), and (c), F.S.
Recommendation: Retain Objective 208.3 and supporting Policy 208.3.2.
Objection 4: Conservation and Coastal Management Element Policy 212.2.1 provides that the
County will evaluate the "coastal construction setback' and identify setbacks to accomplish the
protection of the natural shoreline, turtle nesting beaches, water quality, long term sea level
rise and erosion. The clause 6 of the policy has been modified and appears inconsistent with
the previous goals. Clause 6 has been modified from "protect the overwater views of the
community" to "'redevelopment of existing waterfront commercial structures may occur for
existing structures consistent with community character and preserving the overwater
views. This policy is vague and unpredictable. The community character of one area is not the
same as another area. The policy appears to confuse the Florida Coastal Construction Control
Line with environmental "setbacks" from mean high water that have been adopted for
stormwater treatment and water quality improvement purposes.
Authority: Sections 163.3177(1)f.; 163.3177(2); 163.3177(4)(a); 163.3177(6)(g)1. and 4,;
380.0552(7)(a) and (n), F.S.
Recommendation: Do not adopt the policy as proposed. Clarify if the policy is addressing the
Coastal Construction Set back zone or the Monroe County setbacks from mean high
water. Revise clause 6 to be internally consistent with the other clauses which appear to be
protective in nature. Clarify whether or not the intent of clause 6 is to relax setbacks for
existing waterfront commercial development and allow development within the setback from
mean high water.
Objection 5: Conservation and Coastal Management Element Policy 212.2.2 specifically
provides the minimum setbacks for construction located along natural water bodies with
unaltered shorelines, altered shorelines, and areas known to be nesting or resting areas for
turtles, crocodiles and birds. The policy has been revised to allow Monroe County to evaluate
the adopted "set back" provisions and to adopt land development regulations that could relax
the setbacks when appropriate through a Special Approval process. The policy provides no
criteria for the evaluation of the decision for a Special Approval Process and provides no
guidance as to what the minimum setback might become, No data has been provided to
indicate that surface water quality does not need to be protected and that the setbacks need to
be relaxed. The relaxation of the setbacks is inconsistent with the Energy and Climate Element,
and with potential coastal surface water encroachment, treating starmwater, and protecting
marine resources.
Authority Sections 163.3177(1)f., 163-3177(6)(g), 163.3177(5) and (6); and 380.0552(7)(a), (b),
and (c), F.S.
Recommendation: Do not adopt the proposed changes. Maintain the setbacks as established.
Objection 6. Conservation and Coastal Management Element Policy 216.4.2 prohibits the use of
County funds in Coastal Barrier Resource Units (CBRU) and within off shore islands. The policy
has been amended to allow the expenditure of funds for wastewater treatment facilities. There
are privately owned On-site Sewage Treatment and Disposal Systems and package plants
located in the CBRU and on some of the off shore islands that must be upgraded to meet the
2015 treatment standards. The proposed modification, however, does not limit the extension
of services to already developed areas needing upgrades. As proposed, with no limitation to
existing development, the policy appears inconsistent with the Tier System which primarily
guides development toward Tier 3 and away from Tier 1.
Policy 217.1.1 provides incentives for the preservation of the working waterfront through
exemptions from the nonresidential rate of growth system. This includes language that allows
non-conforming waterfront dependent uses and water-related commercial which are identified
as a source of economic sustainability within a Livable Communikeys Plan to be rebuilt, even if
100 percent destroyed, to the preexisting use provided they are registered and recognized by
the Planning and Environmental Resources Department as lawful nonconforming uses and
structures. This is vague and unpredictable in that the policy does not address whether the
reconstruction to the preexisting use must comply with natural resource site standards such as
setbacks from wetlands and surface waters and the provision of open space.
Authority: Sections 163.3177(2); 163.3177(4)(a); 163.3177(6)(g)1., 3., 4., 6., 7., 9., and 10; and
380.0552(7)(a), (b), (c), (e)! and (i), r.s.
Recommendation: Revise the policy to clarify whether or not the policy allows the re-
establishment of a non-conforming use if the site cannot meet the environmental standards
established by the plan, the Floodplain Ordinance requirements and the Florida Building Code.
Objection 7: Drainage Element Objective 1-001.3 proposed the development of a Stormwater
Master Plan for Monroe County. With financial assistance from the State, the Stormwater Master
Plan was completed. Supporting Policy 1001.3.1 provides that the master plan shall be
implemented. Both the Objective and the policy have been stricken. No data and analysis was
provided for removal of the objective and policy.
Authority: Sections 163.3177(1); 163.3177(2); 163.3177(4)(a); 163.3177(6)(c)1. and 2;
163.3178 (2)(b)p and 380.0552(7)(a), (e), and (1), F.S.
Recommendation: Maintain Drainage policy 1001.3.1 to implement the stormwater Master
Plan. Revise the objective or place the policy in another location. The Department objects to
the deletion of Policy 1001.3.3. The policy provides that Monroe County will implement the
findings of the Monroe County Stormwater Master Plan.
Comment 1: Future Land Use Element Policy I01.12.42 expresses the County's intent to limit
public facilities in Tier One. The Key Largo Regional Wastewater Treatment Plant is constructed
in Tier One. A section of the policy memorializes a 4.5 acre clearing limit exception with
mitigation that was made by the County in recognition of the financial investment in
constructing the system and the need to provide regional services. The proposed policy
revision deletes the reference to this exception.
Recommendation: For historical purposes and in consideration of potential future expansions,
this clause should be retained for consideration by future policy makers.
Comment 2: Future Land Use Element Policy 101.4.5 identifies the types of uses that do not
require a non-residential rate of growth allocation. Several exemptions are offered. Section (4)
provides an exemption for federally tax exempt not for profit institutional uses (educational,
scientific, research, health, and social service, religious, cultural, and recreational organizations)
upon a finding by the Planning commission that such activity will predominantly serve the non-
transient population.
Recommendation: Provide additional definitions or criteria for the exemption of non-profit
organizations regarding criteria to qualify as such an organization. For example educational
groups should either be certified in a particular field or able to certify another person in a
particular field.
Comment 3: Conservation and Coastal Element Policy 204.2.1 describes the Keys Wetland
Evaluation Program (KWEP). The KWEP is a field- based wetland functional assessment
methodology specific to the Florida Keys, developed in conjunction with EPA. The KWEP
evaluation identifies those wetlands that are suitable for filling with mitigation from those that
are generally unsuitable for placement of fill. The KWEP Program protects the most highly
functioning wetlands in Monroe from being filled.
Recommendation. Revise the policy to include that parcels that have not been evaluated and
scored under KWEP must obtain a Keywep evaluation prior to receiving a permit from the County
to fill wetlands.
Comment 4 Monroe County has revised Traffic Circulation Policy 301.1.2 and adopted a Level
of Service Standard C along the entire length of US 1. Previously concurrency was measured on
a segment by segment basis under methodology that was developed by a task force with
representation from FDOT, DCA, and Monroe County. FDOT conducts the survey every two years
during peak tourist system and drives the entire length of US 1 timing the speed for 24 segments
and assigning the level of service standard that is being achieved. Segments were required' to
maintain a speed no lower than 5% of the posted speed limit. The County is proposing to average
the entire length of US 1 and will coordinate the segment analysis with the US I Task force
composed of FDOT, DEC}, and Monroe County. Policy 301.2.3 provides that development shall
not degrade the level of service below the adopted standard on the entire length of US I unless
the proportionate share is mitigated. The county has amended the policy to exempt the
development of a single family house from the LOS standard.
Recommendation: Prior to adoption, reconvene the task force including representatives from
each city and discuss strategies that can be taken to identify and mitigate segments with marginal
facility capacity. The Department would like to participate in this meeting to assist in discussing
and developing access management strategies to maintain the level of service on segments. The
use of "proportionate share" may not be the best toot for the County to employ.
The Department would like to coordinate a workshop with the local governments in the Keys
and other appropriate traffic experts to more thoroughly discuss this issue in an effort to
prevent the entire system from becoming a constrained facility. The Department will likely
have technical assistance funding that could be provided to the County to further this effort.
Section 163,3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies ofall
comprehensive plan materials, of which one complete paper copy and two complete electronic
copies on CD ROM in Portable Document Format /PDF\tothe Department ofEconomic
Opportunity and one copy to each entity below that provided timely comments to the local
government: the appropriate Regional Planning Council; Water Management District;
Department of Transportation; Department of Environmental Protection; Department of State;
the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation
Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools);
and for certain local governments, the appropriate military installation and any other local
government ur governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Department nf Economic Opportunity identification number for adopted amendment
Summary description mf the adoption package, including any amendments proposed but
not adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that
provided timely comments tu the local government;
Name., title., address, telephone, FAX number and e-mail address of local government
Letter signed by the chief elected official or the person designated by the local
government.
ADOPTION AMENDMENT PACKAGE: Please include the following information imthe
amendment package:
Effective: June 2,2O41 (Updated March 21,2O13)
__|nthe case of text amendments, changes should be shown instrike-thmugh/underline
_/nthecaoeoffutmn*6amdWsemapamendnmen1anadoptedfuturekmndumenmap,in
color format, clearly depicting the parcel, its existing future land use designation, and its
adopted designation;
/\ copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional
data and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be the date the Department of Economic Opportunity posts notice of intent
debernming that this amendment is in compliance. If timely challenged, or if the state
land planning agency issues a notice of intent determining that this amendment is not in
compliance, this amendment shall become effective nn the date the state land planning
agency or the Administration Commission enters final order determining this adopted
amendment to be in compliance. No development orders, development permits, or
land uses dependent on this amendment may be issued orcommence before it has
become effective. )fa final order ofnoncompliance is issued by the Administration
Commission, this amendment may nevertheless be made effective by adoption of
resolution affirming its effective status, a copy of which resolution shall be sent to the
Department of Economic Opportunity.
List of additional changes made in the adopted amendment that the Department of
Economic Opportunity did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance
and which provided the basis of the adoption or determination not to adopt the proposed
amendment;
Statement indicating the relationship of the additional changes not previously reviewed
by the Department of Economic Opportunity to the ORC report from the Department of
Economic Opportunity.
Effective. June 2,2011 (Updated March 11,2013)
March 27, 2n15
W
Ray Eubanks, Plan Processing Administrator
State Land Planning A•-
r , ding
107 East Madison, MSC-160
Tallahassee, FL 32399
Subject Monroe County, DEO # 16-3ER
Comments • Proposed Comprehensive Plan Amendment P!ackag(---
Dear Mr. Eubanks
The South Florida Water Management District (District) has completed its review of the
proposed amendment package from Monroe County (County). The amendment
includes the County's Evaluation and Appraisal Review amendments, The District
irffers the following recommendations for revising the proposed amendments and
requests that the County address these recommendations prior to adopting the
i�mendment:
The Count *
,y is required to revise its Water Supply Facilities Work Plan (Work
Plan) within 18 months after adoption of the Lower East Coast (LEC) Water
Supply Plan Update by the District Governing Board. The Distdct's Governing
Board adopted the LEC Water Supply Plan Update on September 12, 2013.
Therefore, the County's Work Plan should have been adopted by March 12,
2015. The County will need to include updated population and Water demand
projections for the identified planning period, The Work Plan must also identify
any water supply projects needed to meet projected water demands. Further
information on updating Work Plan is available at:
www.sfvvmd.gov/work Rlan support.
Z. Revise Policies 203.21, 203.2.2,212.4.5, and 212.4.6to include both the District
and the Florida Department of Environmental Protection (FDEP); in addition to
FDEP, the District also implements the Environmental Resources Permng
rules for docking facilities.
Clarify in Policy 204.2.1 how the Keys Wetland Evaluation Procedure (KEYWEP)
results will be used and specify if KEYWEP will be used for acquisition ranking,
planning, etc. as opposed to impact evaluation. As written, Policy 204.2.1 may
be interpreted as being inconsistent with Chapter 62-345, Florida Administrative
3302 Gun Club Road, West Palm Beach, Flori& 33406 , (561) 686-8800 - FL WATS 1-800-432-2W
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.stwind.gov
Mr. Ray Eubanks
March 27, 2015
Page 2
Code (F.A.C); the evaluation method in the Chapter is approved for assessing
the functional value and determining the amount of mitigation required.
Revise Policies 212.33 and 2123.4 to refer to Rule 62-330, F.A.C., (Statewide
Environmental Resource Permitting) instead of Rule 62-312, FAC., (dredge and
fill), which has been repealed,
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Terry Manning, SFWMD
Jim Murley, SFRPC
commigsiopvrs
Proposed Amendment
Richard X Codmu
Re: Monroe County 15-3ER Comprehensive Plan Amendinent — Area of Critical State
Chairman
re-pa
Concern, Proposed Amendment to the Monroe County Year 201 Comprehensive
Man YabionsW
Plan (Update to the 2030 Comprehensive Plan)
Vicechpirman
adopted 2012 Evaluation and .Appraisal Report, the 2014.13 . valuation and Appraisal
Tallahassee
Notification Letter, and creates the Monroe County Year 2030 Comprehensive Plan.
Ronald K afteron
FOn Lbudetasle
Dear Ms. Santamaria:
RIChard Mann
2030 Comprehensive. Plan Policy Document
oVWQ
Florida Fish and Wildlife Conservation Commission (FWQ sftff has reviewed the
Allese P. 'Uesa" Mddy
Imnvkalee
above-referenced comprehensive plan am and provides the following comments
so RhI&M
for your consideration in accordance with Chapter 1613 184 Florida. Statutes, While we
Panama Ofty
have no objections to this amendment, we offer the following information as te6ni -a
MaftsW.Robeftill
assistance during your review.
'rallahassee
fXMAOW� StOff
Proposed Amendment
Nick Way
Comments and Recommendations
ExeOAWO Ove=r
The is sect amendment updates the Monroe County Year 2010 Comprehensive Plan to
Eric Sutton
Assistant Executive Director
be consistent with the results of the Technical Document update (Data and Analysis), the
Jennifer Fitmter
adopted 2012 Evaluation and .Appraisal Report, the 2014.13 . valuation and Appraisal
Chief of Staff
Notification Letter, and creates the Monroe County Year 2030 Comprehensive Plan.
Office of the
61"W'UtiV6 Director
Comments and Recommendations
Nick Wiley
Executive Director
FWC staff has reviewed the proposed updates to the Monroe County Ym 201
(asO) 487-3796
(650) 9 -5786 FAX
Comprehensive Plan (update to the 203.0 Comprebonsive, Plan). OUIr WInments for-us on
Section . 12: Conservation and CoasW Management Element of the Monroe County Year
Mana& and wil0fe
sysources lot . g fish theklong-rerm
2030 Comprehensive. Plan Policy Document
wel"rig and the benefit
Otpeople-
The proposed changes to Policy 203.4.1 (page 32) includes the feflomfing I'MQnm
620 South Merdan Street
Tallahassee. Florida
32390-1600
VOiCe: (850) 4M A676
Hearing/tr,each41npaired:
(800) 955.877
(600) 955-87?0 (V)
PAyMC.com
ILIMM M
*F"M
rm
May to Santnana
F 2 ^
April 2 , 2015
FCC staffs
grew white addition vftlae fret sentce; however, rmmend
not removing the fallowing sentence which t<nccftrrages coordination to addre
land mar�agen ent issues for a utposes of protecting natural habitat in Florid
Bay.
Th e pm'1?Oscd changes t p
shall Periodically meeA with the, F ri – h includes the fv�l.awin w4
, ° Mrsrarc�e
Ommission - — life o r atic�n
° �rision of arine Fisheri em
a ies an test zat'O to assess measures which could be itnplrm t+ed
ntc a County to protest ftshea ieg Of the -Flo da K ys. IS d
, 1 bar
FWC notes that a meeting with. our Division of Ma
tin Fades
Occur at any time and we support the ordination e# arts
,demerit can
71' Proposed changes to Policy 203.4.4 (pa
County shad suppl the efforts includes the tbllvv►ri �
•i li3nlF
Oil he a des havi
td rrtt' rra tarts burn 'tua an � ° into trtr�ent the
Re Bs rl tlrlanma on P.Irlri . A_
FCC staff suggests the fallor�vin edits `�
F'Vtr
F as tltreatencd or en an ., . wildlife sp�cires designated b e
this objective e, y 'to i ,ude.attate- listed species within
The Ptoposed changes to Policy �.
y , 06..3 ?age incline, the fallowiin
Cotttity �• , as pppridtte, in. �� "Monroe
federally designated wildlife PO rate species management guidelatte
or ,, species as � w dition or evelopanent
� FWC staffenurages the County to coordinate with site and
facilitate the proteean oflisted sp ecie s . k dera 1 agencies to
technical assistance to the Count fuhre pp staff t$ gn,raca sores to a
miWnlize potential impacts to fish and wildlife vo � artd
suggest rewording this ,policy to in Species
asst the,arh and iler e
wildlife agencies; • `anrve, CO t al
and 'Wildlif S cOOZxliii tli F an
ce SF WS , as aP> mpriate, incorporate t U-S, Fish
management guidelines deal .grate specaes
+ e SFWS fcsr tote°• and
Mayte Santamaria
faze 3
April 2, 201
federally designated wildlife species as atipuk6ens ggggiLtigns for land
4evelopment orders."
We appreciate the opporttmity to participate in the review of this amendment. If you
need any further assistance, please do not hesitate to contact Jane Chabre either by phone
at (850) 410-5367 or by email at EM�� Co at' PIMMUgServi , yf p
M&M Wf- if
you have specific technical questions regarding ffie content of this letter, please contact
Marissa Krueger by phone at (56 t) 982-5711 or by =ail at
Mq!is-8HxTue-"r MVFWCx0m.
Sincerely,
Jennifer D. Goff
Land Use Planning Program Administrator
Office of Conservation Planning Services
jdg/mk
ENV 2 -3 -3
Monroe County 1$-3 CPA-A-CSC IS
CC.' Ray Eubanks
Plan Processing AdminiWator
Florida Department of Economic Opportunity
DCPS
Afe—MA a gMey—cp mmgaL<a),d-eo. m A ori d axo p2
OfFum or TmE CO3s{ UATONER THE CAPrroi,
;Sgo) 6r7 -7700 qdo SuvTu Mormor, STREET
TcAI.i.Bwsm, FLoRIDA 32399.0800
oRwA. DEPARTMENT op ArAicuLTuRE -A-ND CONSU 111 SERVICES
COMMISSIONER R DA ri. P"u AM
March 25, 2015
VIA EMAIL (Santamaria -mayte monroecounty- fl.gov)
Monroe County growth Management Division
Attn: Christine Hurley
2798 Overseas highway, Suite #400
Marathon, Florida 33050
Re: MACS Docket ## -- 20150306 -529
Monroe County Year 2010 Comprehensive Flan
Submission dated February 26, 2015
Dear Ms. Hurley:
The Florida Department of Agriculture and Consumer Services (the "Department ") received the above-
referenced proposed comprehensive plan amendment on March 6, 2015 and has reviewed it pursuant
to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important
state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the
proposed amendment(s) are adopted, Based on our review of your county's submission, the
Department has no comment on the proposal.
If we may be of further assistance, please do not hesitate to contact me at 850 -410- 2289.
cc: Florida department of Economic Opportun ity
(SLFA #: Monroe County 15 -3 ESR)
1- 800 - HELPFLA WWW.Fre5h FTom Florida.com
!Eubanks, Ray
From:
[hhs<[hhsStah|@dep/state�.us>
Sent:
Tuesday, March 24,2Ol54:17PM
«ox
QCPextemalagengycomments
Cc:
Craig'Kae;aantenmmria-nmayte@momrom000nty-f|.gov
Sub
Monroe County 1S-3Eq-Proposed
To: Ray Eubanks, Department of Economic Opportunity
Re: Monroe County 15'JER- Review of Proposed Comprehensive Plan Amendment
.The Office of intergovernmental Programs ofthaFloridw Department of Environmental Protection (DepartrnenUhas
reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The
Department conducted a detailed review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands a nd other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water
and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no provision that, if adopted,
would result in adverse impacts to Important state resources subject to the DepartmeriVsjurisdiction.
Please feel free tn contact me with any questions,
Chris Stahl
Office of intergovernmental Programs
Florida Department of Environmental Protection
390O Commonwealth 8|vd.,K4S47
TaUahassee
(850) 245-2169
Centennial
RICX SCOTT 1000 NW "1 11 Avenue JIM BOXOLD
GOVERNOR Miami, Florida 33172-,5800 SECRETARY
Mayte Santamaria, Assistant Director
Monroe County, Ptaw
2�98 Overseas Highway, Suite 40non
Marathon, Flonda 3.5060
Subject: Comments for the Proposed Comprehensive Plan Amendment,
Monroe County #15-3ER
Dear Ms. Santemaria:
The Florida Department of Transportation, District Six, Completed'a review of the
Proposed Comprehensive Plan Amendment, Monroe County #i&-sER. The District
-has reviewed the amendment package per Chapter 16$,FIbrJd�a Statute$ and has:
found no adverse impacts to transportation resources and facititie,5 of state
importance.
Please contact Ken Jefffies at 305-470-5445 if you have any questions concerning
our response.
CC Harold Desduries, PE, Florida Department of Transportation, District 6
Aileen B• ucl (e, AICP, Florida Department of Transportation, District 6
Lisa Colmenaros, AIC:P, Florida Department of Transportatioti, District 6
Ray Eubanks.Department of Economic Opportunity
www.dot.stateftus