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Item O12 0.12 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: 0.12 Agenda Item Summary #6390 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 n/a AGENDA ITEM WORDING: A public hearing to consider approval a resolution transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the Monroe County 2030 Comprehensive Plan, adopting the 10-Year Water Supply Plan Update to be consistent with the South Florida Water Management District Lower East Coast Water Supply Plan Update of 2018. (Legislative Proceeding) ITEM BACKGROUND: The Planning & Environmental Resources Department is requesting to amend the Monroe County 2030 Comprehensive Plan to adopt a 10-year Water Supply Facilities Work Plan update, pursuant to Section 163.3177(6)(c), F.S., which requires local governments that are subject to a regional water supply plan to update their adopted 10-year water supply facilities work plan within 18-months of the adoption of the regional water supply plan update. The South Florida Water Management District (SFWMD) updated its Lower East Coast Water Supply Plan on November 8, 2018, which identifies areas where water supply, demand, and shortages are projected to occur within the next 20 years. The Monroe County Water Supply Facilities Work Plan (Work Plan) references the initiatives already identified in FKAA's 20-year Water System Capital Improvement Master Plan. According to state guidelines, the Work Plan and associated comprehensive plan amendments must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. The Monroe County Water Supply Facilities Work Plan will have the same planning time schedule consistent with the Comprehensive Plan and the Lower East Coast Water Supply Plan Update. The adopted and presently effective Monroe County Year 2030 Comprehensive Plan includes several Goals, Objectives and Policies (GOPs) that implement water supply concurrency and conservation. These GOPs are located within the Potable Water Element, Intergovernmental Coordination Element, Conservation and Coastal Management Element, Future Land Use Element and Capital Improvements Element. Packet Pg. 2783 0.12 The population estimates and projections and the potable water demand projections for unincorporated Monroe County are presented below in Table 1. The projections are through the year 2030. The population projections are consistent with the other elements of the comprehensive plan. The water demands are for finished water. Table L Population &Potable Water Demand Projections Year 2010 2015 20210 2025 20310 F u>7ctiioinall Population 70,030 71„763 72,4 4 73,225 73,956 Projection* Waiter Supply IDemiaind 7.,0 7.,2 7.2 73 7A M&D *Functional Population means total population: pernnanent plus seasonaal remdents. (Source: Table p-Monime County 2010-2030 Populattorn Projections March 12, 2 11„Keith and Schilars, Pm y F,i,shkindl and Assocuates) The population estimates and projections and the potable water demand projections for the entire FKAA service area are presented below in Table 2. The projections are through the year 2030, and apply the adopted LOS standard of 100 gallons/capita/day to the entire service area. Table 2.,Population & Potable Water Demand Projections Entire ;Service Area. Year 2010 2015. 20,20, 20,25 2030 Functional Population 155„288 157„400 159,051 160„703 162„355 Pro.ection* Water Supply Demand 15..5 15.7 15.9 16.0 16.2 Based on adopted LOS of 1.3,o gaup/cap/day( P *Functional Population means total population: pernnanmen t pleas a,e.ar;3,anal residents- (Source: Table 2 -Moilfoe County 2010-2030 Population Projections March 15,2011,Keith and p 1gr, ,;P.A.; 1 ,and Associates) The FKAA's Draft update to their 20-year Water System Capital Improvement Master Plan, Section 2, Population and Water Demand Forecast compares projected population and potable water demand for the entire FKAA service area, with a slightly higher assumed consumption rate of 115 gallons/capita/day for their future demand projections. Based on this rate, FKAA's average daily water demand for the entire service area is expected to increase from 17.7 MGD in 2018 to 18.9 MGD in 2030. FKAA's current Water Use Permit provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 MGD which is sufficient to meet water demand projections for the entire service area. PREVIOUS RELEVANT BOCC ACTION: On April 13, 2016, the BOCC adopted Ordinance 007-2016, amending the Monroe County 2010 Comprehensive Plan to revise sections of the Potable Water Element and the Intergovernmental Coordination Element regarding water supply concurrency, and adopting a 10-Year Water Supply Plan. CONTRACT/AGREEMENT CHANGES: Packet Pg. 2784 0.12 n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2019-102 Resolution Transmittal FINAL 2019-102 Ordinance_DRAFT with Ex A Water Supply Plan Update 2019_FINAL 2019-102 BOCC SR 12.9.19 Transmittal FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N/A REVIEWED BY: Emily Schemper Completed 12/30/2019 10:09 AM Assistant County Administrator Christine Hurley Completed 01/07/2020 5:42 PM Steve Williams Completed 01/08/2020 7:37 AM Maureen Proffitt Completed 01/08/2020 8:15 AM Budget and Finance Skipped 12/09/2019 12:28 PM Maria Slavik Skipped 12/09/2019 12:28 PM Kathy Peters Completed 01/08/2020 9:55 AM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 2785 0.12.a 1 4 6 „ 7 U) 8 MONROE COUNTY, FLORIDA 9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. - 202 1l 12 A RESOLUTION BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS TRANSMITTING TO THE 14 STATE LAND PLANNING AGENCY AN ORDINANCE BY 15 THE MONROE COUNTY BOARD OF COUNTY 16 CC31vI1MISSIONERS AMENDING THE Iw ONROE COUNTY 1.7 COMPREHENSIVE PLAN; ADOPTING THE 10-YEAR. 18 WATER SUPPLY PLAN UPDATE TO ICE CONSISTENT WITH 19 THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT 20 L,OWER. EAST COAST WATER SUPPLY PLAN UPDATE OF 21 201 ; PROVIDING FOR SEVERAEIL,ITY; PROVIDING FOR 22 REPEAL, OF CONFLICTING PROVISIONS; PROVIDING FOR. 23 TRANSMITTAL TO THE STATE LAND PL.Al"~,iNING AGENCY 24 AND THE SECRETARY OF STATE; PROVIDING FOR. 25 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE 26 PLAN; PROVIDING FOR AN EFFECTIVE DATE, 27 28 29 WHEREAS, the Monroe County Board of County Commissioners conducted a public U) 30 hearing for the purpose of considering the transmittal to the State Land Planning Agency a 31 proposed amendment to the Monroe County 2030 Comprehensive Plan as described above; and i 32 33 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 34 of County Commissioners support the requested text amendment; and 35 36 NOW THEREFORE, BE IT RESOLVED fit' THE BOARDE COUNTY 37 COMMISSIONERS OF MONROE COUNTY,TY, FLORIDA: 3 39 Section I p The Board of County Commissioners does hereby adopt the recommendation of 40 the Planning Commission to transmit the draft ordinance for adoption of the 41 proposed text amendment. 42 43 Section 2 The Hoard of County Commissioners does hereby transmit the proposed. 44 amendment to the State band Planning Agency for review and comment in. 45 accordance with the State Coordinated Review process pursuant to Section 46 1 3.31 S4(4), Florida Statutes. Resolution No, oxx-2020 Page I of 2 Packet Pg. 2786 47 Section 3: The Monroe County staff is given the authority to prepare and submit the required 48 transmittal letter and supporting documents for the proposed amendment. 49 50 Section 4: The Clerk of the Board is hereby directed to forward a certified copy of this 51 resolution to the Director of Planning. 52 53 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, U) 54 Florida, at a regular meeting held on the 22,d day of January, 2020. 55 56 Mayor Heather Carruthers cv 57 Mayor Pro Tern Michelle Coldiron 58 Commissioner Craig Cates 59 Commissioner David Rice 60 Commissioner Sylvia J. Murphy 6,1 62 63 BOARD OF COUNTY COMMISSIONERS 64 OF MOC NROE COUNTY, FLORIDA 2, 65 66 2 67 BY 68 (SEAL) MAYOR HEATHER CARRUTHERS 69 70 ATTEST: KEVIN MADOK, CLERK 71 72 z 73 By U-®, 74 Deputy Clerk U) MONROE COUNTY ATTORWy 0 At U) C14 AS C14 E Resolution No. Oxx-2020 Page 2 of 2 1 Packet Pg. 2787 0.12.c {n MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring,professional and fair U) To: Monroe County Board of County Commissioners cv Through: Emily Schemper, CFM, AICP Senior Director of Planning and Environmental Resources cv From: Janene Sclafani, Transportation Planner Date: December 9, 2019 D Subject: 10-Year Water Supply Facilities Work Plan Update 2, Meeting: January 22, 2020 �s I. REQUEST The Monroe County Planning & Environmental Resources Department is requesting to amend the Monroe County 2030 Comprehensive Plan to adopt a 10-year Water Supply Facilities Work Plan update, in accordance with Section 163.3177(6)(c) of the Florida Statues which requires that the Infrastructure Element of the Comprehensive Plan incorporate a 10-Year Water Supply Plan that U) identifies alternative water supply projects, traditional water supply projects, conservation and reuse to meet identified water needs. II. PROPOSED AMENDMENT cv i Proposed text is shown as follows: additions are in underlined, deletions are sly. �s �s Policy 701.1.E Monroe County adopts the Monroe County 10-Year Water Supply Facilities Work Plan update, dated N� Mafeh, 2016 August, 2019, by reference, into the Comprehensive Plan. Monroe County shall update the 17 10-year Water Supply Work Plan every 5 years or within 18 months after the governing board of the South Florida Water Management District approves an updated regional water supply plan. [F.S. § N 163.3177(6)(c)3.] (Ord. No. 022-2009; Ord. No. 007-2016) E III. BACKGROUND INFORMATION Residents of Monroe County obtain their water directly from the Florida Keys Aqueduct Authority (FKAA), which is responsible for ensuring that enough capacity is available for existing and future customers. FKAA is the sole provider of potable water in the Florida Keys. Monroe County does not control the water supply or water facilities; however, the County coordinates closely with FKAA. File #2019-102 Page 1 of 5 Packet Pg. 2788 0.12.c The purpose of the Monroe County Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part 11, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District(SFWMD) on November 8, 2018. E The Work Plan references the initiatives already identified in FKAA's 20-year Water System Capital Improvement Master Plan. According to state guidelines, the Work Plan and associated comprehensive plan amendments must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. The Monroe County Work Plan will have the same planning time schedule consistent with the comprehensive plan and the Lower East Coast Water Supply E Plan Update. 2 Development Review Committee and Public Input The Development Review Committee considered the proposed amendment at a regular meeting on 2 IL September 24, 2019 and received public input. Planning Commission The Planning Commission considered the proposed amendment at a regular meeting on November 19, 2019. Resolution P54-19 recommending approval to the BOCC was signed on November 19, 2019. SFWMS Preliminary Review Comments A preliminary review of the Work Plan was performed by the SFWMD. The following comments were made: U) Sections 3.8 Conservation, 3.8.1 County-wide Efforts, and 3.8.2 County Specific Actions, Programs, Regulations, or Opportunities • Revise the Sections to include a review of the County's existing conservation and reuse efforts to 17 determine whether they need to be updated or revised based on how they have been implemented N or because of changes in statutory requirements. The updated information should address the following: o An analysis of the existing levels of water conservation, use, protection and the applicable policies and programs of the County. The analysis should focus on how the 0 County is implementing, supporting or encouraging specific policies and programs, such as implementation of the Mandatory Year-Round Landscape Irrigation Conservation 17 Measures, as detailed in Rule 40E-24, Florida Administrative Code. o Identify options to conserve water, including rate structures, education programs, Florida- friendly landscape ordinances, irrigation ordinances, etc. E c� Section 5.0 Goals, Objectives and Policies • Policy 701.1.6 (page 18) is an older version of Policy 701.1.8 that was revised with the County's existing Work Plan, adopted with Plan Amendment 4154ACSC and Monroe County Ordinance No. 007-2016. The revision added language to the policy that adopted by reference the Work Plan into the County's Comprehensive Plan by title and date and changed the policy number. File #2019-102 Page 2 of 5 Packet Pg. 2789 0.12.c Revise the Policy to reflect the revisions adopted in 2016 and to include the projected date of adoption for the new Work Plan Update. On November 4, 2019 a revised plan addressing the aforementioned comments was resubmitted. On November 25, 2019 SFWMS responded they had no further comments. However, the review did not constitute a final determination, further comments may be provided upon submission of the final Work Plan Update. IV.CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN, THE FLORIDA STATUTES,AND PRINCIPLES FOR GUIDING DEVELOPMENT A. The proposed amendment is generally consistent with the following Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Specifically,it furthers: 2 The proposed amendment will support and enhance the level of service standards identified within the Potable Water Element and ensure the availability of water supply as identified within 2 the Capital Improvements Element and the Intergovernmental Coordination Element. . B. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes (F.S.). Specifically, the amendment furthers: 163.3177(1), F.S. - The comprehensive plan shall provide the principles, guidelines, standards, C) and strategies for the orderly and balanced future economic, social, physical, environmental, Q and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans E are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the �i comprehensive plan but rather to require identification of those programs, activities, and land �s development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development 0 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. 163.3177(6)c3, F.S. — Within 18 months after the governing board approves an updated regional water supply plan, the element must incorporate the alternative water supply project or projects selected by the local government from those identified in the regional water supply plan pursuant to s. 373.709(2)(a) or proposed by the local government under s. 373.709(8)(b). If a local government is located within two water management districts, the local government shall adopt its comprehensive plan amendment within 18 months after the later updated regional water supply plan. The element must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in s. 373.709(2)(a) within the local government's jurisdiction File #2019-102 Page 3 of 5 Packet Pg. 2790 0.12.c and include a work plan, covering at least a 10-year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the element as necessary to serve existing and new development. The work plan shall be updated, at a minimum, every 5 years within 18 months after the governing board of a water management district approves an updated regional water supply plan. Local governments, public and private utilities, regional water supply authorities, special districts, and water management districts are encouraged to cooperatively E plan for the development of multijurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, including the development of alternative water sources to supplement traditional sources of groundwater and surface water supplies. C. Consistency with the Principles for Guiding Development in the Florida Keys Area of E Critical State Concern: 2 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) Strengthening local government capabilities for managing land use and development so that local 2 government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, E wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic i development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. �i (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, (s and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. 0 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. File #2019-102 Page 4 of 5 Packet Pg. 2791 0.12.c (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment E facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. 2 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. :D Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. V. PROCESS a� Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the C) Planning Commission, the Director of Planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. E r- The Planning Commission shall hold at least one public hearing. The Planning Commission shall i review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the �i Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the �s transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC may or may not 0 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the c" amendment. VI. STAFF RECOMMENDATION Staff recommends approval. VII. EXHIBITS 1. Monroe County 10-Year Water Supply Facilities Work Plan Update File #2019-102 Page 5 of 5 Packet Pg. 2792