Item H1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division: Growth Mana e�ment_
Bulk Item: Yes X No _ Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: Approval to send a new letter with a revised request to the
Department of Economic Opportunity, regarding the requirement to adopt the Tier Overlay Zoning
Maps into the Comprehensive Plan in Rule 28-20, F.A.C.
ITEM BACKGROUND: On August 22, 2013, Monroe County sent a letter to the Administration
Commission requesting that the Rule requirement to adopt the Tier Overlay Zoning Maps into the
Comprehensive Plan be removed due to legal exposure, significant costs and personnel demands as
well as duplication of maps. Since that time, the Monroe County Attorney and Growth Management
staff have met with staff of the Department of Economic Opportunity (DEO) to discuss this request.
DEO staff has requested that Monroe County amend its request to include both a Rule amendment and
Comprehensive Plan amendment to include: Prior to the County adopting a resolution recommending
the removal of the designation of Monroe County as an Area of Critical State Concern pursuant to
Section 380.0552(4)(b)3, F.S., Monroe County shall adopt the Tier Maps into the Comprehensive Plan
as an overlay to the Future Land Use Map.
Background: Administration Commission Rule 28-20.140, F.A.C., which was ratified by the
Legislature in 2011, includes six Work Program Tasks [28-20.140(5)(a)1, 2, 3, 4, 5, and 6] requiring
the County to adjust Tier boundaries, Tier Zoning Overlay maps [(5)(a)2 ], and amend its
Comprehensive Plan to adopt the Tier System Maps onto the Future Land Use Map Series [(5)(a)1, 3
and 4].
Monroe County has completed Work Program task (5)(a)2 with the adoption of four (4) ordinances
[Ordinance 005-2011, 006-2011, 007-2011, and 008-2011] on May 4, 2011, revising or assigning the
tier overlay designation for 3,394 parcels based upon recommendations from the Tier Designation
Review Committee Work Group, Monroe County staff, the Planning Commission, Board of County
Commissioners and the public. The Administration Commission and the Department of Economic
Opportunity (DEO) have also reported that the County has completed Work Program task (5)(a)2,
which is to amend the Tier Overlay Maps to more accurately reflect the criteria for that Tier as
amended by Final Order DCA07-GM 166.
Additionally, the plaintiff in DOAH Case No. 06-2449GM requested additional revisions to the tier
designations — for 393 parcels that were not included in the challenge. Further, the County identified
77 offshore island parcels for review because these parcels were not given a tier designation at the time
of the adoption of the original Tier Ordinances in 2006. Collectively, the County refers to these
additional Tier designation revisions as the `Volume A amendments.'
The Volume A amendments [Ordinances 014-2013 and 015-2013] were adopted by the Board of
County Commissioners on March 20, 2013. The amendments (Ordinances 14-2013 and 15-2013) were
approved by DEO and became effective on July 12, 2013.
Throughout the process of updating information and adopting the six (6) ordinances, the County
has been concerned with the possibility of new administrative proceedings pursuant to Section
120.569 and 120.57, F.S., which could delay the effectiveness of the ordinances and create
significant cost and demands to the County.
Completing Work Program Tasks (5)(a)1, 3 and 4 (adoption of the entire set of Tier Overlay maps into
the Comprehensive Plan) could expose the County and every parcel (-44,000) with a Tier designation
to a potential challenge. Revisions to the letter are suggested to reflect DEO staff s requests and to
implement the legislative intent of Section 380.0552, F.S.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners adopted Tier Ordinances Nos. 008-2006, 009-
2006, 010-2006, 011-2006 and 013-2006, which set forth criteria in the Land Development
Regulations implementing a Tier System and adopting Tier Overlay District Maps in order to protect
the natural habitat and guide development toward less environmentally sensitive areas.
On May 4, 2011, the Monroe County Board of County Commissioners adopted Ordinances Nos. 005-
2011, 006-2011, 007-2011 and 008-201, revising or assigning the tier overlay designation for 3,394
parcels.
On March 20, 2013, the Monroe County Board of County Commissioners adopted Ordinances Nos.
014-2013 and 015-2013 (Volume A amendments).
On June 17, 2013, the Monroe County Board of County Commissioners directed staff to write a letter
to the Administration Commission to request that Rule 28-20.140, F.A.C. be amended to remove the
requirement to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval to send a new letter to the Department of Economic
Opportunity to request that Rule 28-20.140, F.A.C., be amended to require the adoption the Tier
Overlay Zoning Maps into the Comprehensive Plan prior to the removal of the Area of Critical State
Concern designation.
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM#
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia J.Murphy,District 5
Mayor Pro Tem,Danny L.Kolhage,District 1
The Florida Keys George Neugent,District 2
Heather Carruthers,District 3
David Rice,District 4
Mayor Sylvia J. Murphy
Murray Nelson Center
102050 Overseas Highway, Suite 234
Key Largo, FL 33037
February 19, 2014
William B. Killingsworth, Director of Community Development
Florida Department of Economic Opportunity
107 E. Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 23299
Dear Mr. Killingsworth:
Administration Commission Rule 28-20.140, F.A.C., which was ratified by the Legislature in
2011, includes six Work Program Tasks [28-20.140(5)(a)1, 2, 3, 4, 5, and 6] requiring the County
to adopt policies relating to the Tier System into the Comprehensive Plan, adjust Tier boundaries
on the Tier Zoning Overlay maps [(5)(a)2] and amend its Comprehensive Plan to adopt the Tier
System Maps as an overlay onto the Future Land Use Map (FLUM) Series [(5)(a)l, 3 and 4].
Previously the County sent a letter to the Administration Commission, dated August 22, 2013
(attached), requesting that Rule 28-20.140, F.A.C. be amended to remove the requirement to adopt
the Tier Overlay Zoning Maps into the Comprehensive Plan [28-20.140(5)(a)1, 3 and 4].
Since that time, the Monroe County Attorney and Growth Management staff have met with staff
within your department to discuss this request. Department of Economic Opportunity (DEO) staff
have requested that Monroe County amend its requests to include both a Rule amendment and
Comprehensive Plan amendment to include the following language: Prior to the County adopting
a resolution recommending the removal of the designation of Monroe County as an Area of
Critical State Concern, pursuant to Section 380.0552(4)(b)3, F.S., Monroe County shall adopt the
Tier Maps into the Comprehensive Plan as an overlay to the Future Land Use Map.
i
The County continues to make progress in achieving the Administration Commission's Work
Program and we are pleased to continue to work with you and DEO to protect all significant
resources of the Florida Keys and maintain our economic prosperity.
Thank you for your consideration.
Sincerely,
Sylvia Murphy, Mayor
Monroe County Board of County Commissioners
CC: Mayor Pro Tern Danny Kolhage
Commissioner David Rice
Commissioner George Neugent
Commissioner Heather Carruthers
Roman Gastesi, County Administrator
Bob Shillinger, County Attorney
Christine Hurley, Growth Management Director
Jesse Panuccio,Executive Director, Florida DEO
Robert N. Sechen, General Counsel, Florida DEO
Rebecca Jetton, Area of Critical State Concern Administrator, Florida DEO
The Honorable Rick Scott, Governor
Pam Bondi, Attorney General
Adam Putnam, Commissioner of Agriculture
Jeff Atwater, Chief Financial Officer
Enclosures: August 22, 2013, Monroe County letter to the Administration Commission
2
BOCC February 19,2014
Excerpt of Rule 28-20.140, F.A.C.
(S) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
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.
2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier ILIA (SPA)boundaries to
more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166
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.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work
Program found in Rule 28-20.110, 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.
S. 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.
BOCC February 19,2014
Excerpt of Section 380.0552, F.S.
380.0552 Florida Keys Area; protection and designation as area of critical state concern.—
(1) SHORT TITLE.—This section may be cited as the "Florida Keys Area Protection Act."
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a) Establish a land use management system that protects the natural environment of the Florida
Keys.
(b) Establish a land use management system that conserves and promotes the community character
of the Florida Keys.
(c) Establish a land use management system that promotes orderly and balanced growth in
accordance with the capacity of available and planned public facilities and services.
(d)Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e) Establish a land use management system that promotes and supports a diverse and sound
economic base.
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real
property.
(g) Promote coordination and efficiency among governmental agencies that have permitting
jurisdiction over land use activities in the Florida Keys.
(h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive
lands within the Florida Keys.
(i) Protect and improve the nearshore water quality of the Florida Keys through the construction and
operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1)
and 403.086(10), as applicable.
0)Ensure that the population of the Florida Keys can be safely evacuated.
(3) RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of
critical state concern, the boundaries of which are described in chapter 2717-8, Florida Administrative
Code, as amended effective August 23, 1984, is hereby ratified.
(4) REMOVAL OF DESIGNATION.—
(a) The designation of the Florida Keys Area as an area of critical state concern under this
section may be recommended for removal upon fulfilling the legislative intent under
subsection (2) and completion of all the work program tasks specified in rules of the
Administration Commission.
(b) Beginning November 30, 2010, the state land planning agency shall annually submit a written
report to the Administration Commission describing the progress of the Florida Keys Area toward
completing the work program tasks specified in commission rules. The land planning agency shall
recommend removing the Florida Keys Area from being designated as an area of critical state
concern to the commission if it determines that:
1. All of the work program tasks have been completed, including construction of, operation
of, and connection to central wastewater management facilities pursuant to s. 403.086(10) and
upgrade of onsite sewage treatment and disposal systems pursuant to s. 381.0065(4)(1);
2. All local comprehensive plans and land development regulations and the administration of
such plans and regulations are adequate to protect the Florida Keys Area, fulfill the legislative
intent specified in subsection (2), and are consistent with and further the principles guiding
development; and
3. A local government has adopted a resolution at a public hearing recommending the
removal of the designation.
(c) After receipt of the state land planning agency report and recommendation, the Administration
Commission shall determine whether the requirements have been fulfilled and may remove the
designation of the Florida Keys as an area of critical state concern. If the commission removes the
BOCC February 19,2014
designation, it shall initiate rulemaking to repeal any rules relating to such designation within 60
days. If, after receipt of the state land planning agency's report and recommendation, the
commission finds that the requirements for recommending removal of designation have not been
met, the commission shall provide a written report to the local governments within 30 days after
making such a finding detailing the tasks that must be completed by the local government.
(d) The Administration Commission's determination concerning the removal of the designation of
the Florida Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All
proceedings shall be conducted by the Division of Administrative Hearings and must be initiated
within 30 days after the commission issues its determination.
(e) After removal of the designation of the Florida Keys as an area of critical state concern, the
state land planning agency shall review proposed local comprehensive plans, and any amendments
to existing comprehensive plans, which are applicable to the Florida Keys Area, the boundaries of
which were described in chapter 28-29, Florida Administrative Code, as of January 1, 2006, for
compliance as defined in s. 163.3184. All procedures and penalties described in s. 163.3184 apply
to the review conducted pursuant to this paragraph.
(f) The Administration Commission may adopt rules or revise existing rules as necessary to
administer this subsection.
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor George Neugent,District 2
Mayor Pro Tern,Heather Carruthers,District 3
The Florida.Keys Danny L.Kolhage,District 1
40 David Rice,District 4
Sylvia J.Murphy,District 5
Mayor George R.Neugent
25 Ships Way
Big Pine Key,Florida 33043
Neugent-Leorge@monroecounty-fl.gov
August 22,2013
The Honorable Rick Scott,Governor Pam Bondi,Attorney General
The Capitol The Capitol
Tallahassee,FL 32399-0001 Tallahassee,Florida,32399-1050
Adam Putnam,Commissioner of Agriculture Jeff Atwater,Chief Financial Officer
The Capitol The Capitol
Tallahassee,FL 32399-0810 Tallahassee,FL 332399-0300
Dear Governor and Cabinet:
Administration Commission Rule 28-20.140,F.A.C.,which was ratified by the Legislature in 2011,includes six Work
Program Tasks [28-20.140(5)(a)1 9 29 39 4,5,and 61 requiring the County to adopt policies relating to the Tier System
into the Comprehensive Plan, adjust Tier boundaries on the Tier Zoning Overlay maps [(5)(a)2] and amend its
Comprehensive Plan to adopt the Tier System Maps as an overlay onto the Future Land Use Map (FLUM) Series
[(5)(a)1,3 and 4).
Monroe County has completed Work Program task (5)(a)2 with the adoption of four(4) ordinances [Ordinance 005-
2011,006-2011,007-2011,and 008-20111 on May 4,2011,revising or assigning the tier overlay designation for 3,394
parcels based upon recommendations from the Tier Designation Review Committee Work Group, Monroe County
staff,the Planning Commission,Board of County Commissioners and the public.The Administration Commission and
the Department of Economic Opportunity (DEO) have also reported that the County has completed Work Program
task(5)(a)2,which is to amend the Tier Overlay Maps to more accurately reflect the criteria for each Tier as amended
by Final Order DCA07-GM166 (DOAH Case No. 06-2449GM— Petitioners: Florida Keys Citizens Coalition, Inc,
Protect Key West and the Florida Keys, Inc, and Last Stand; Respondents: Department of Community Affairs and
Monroe County).
The County processed additional revisions to the tier designations for 393 parcels that were not included in the
challenge (DOAH Case No. 06-2449GM) but requested by the plaintiff. Further, the County identified 77 offshore
island parcels for review because these parcels were not given a tier designation at the time of the adoption of the
original Tier Ordinances in 2006. These were adopted by the Board of County Commissioners on March 20, 2013.
The amendments (Ordinances 14-2013 and 15-2013) have been approved by DEO and became effective on July 12,
2013.
At this point,all 44,000 parcels in the County presently have a Tier designation. Throughout the process of updating
information and adopting the tier amendments,the County was concerned with the possibility of new administrative
proceedings pursuant to Section 120.569 and 120.57,F.S., which could delay the effectiveness of the ordinances and
create significant cost and legal demands on the County.
The County could not proceed with the next steps of completing Work Program Tasks (5)(a)1, 3 and 4 to adopt of the
entire set of Tier Overlay maps into the Comprehensive Plan as an overlay to the FLUM until all 44,000 parcels had an
effective tier designation. Now that all of the undesignated or invalidated parcels have a tier designation and are
effective as an overlay district on the County's Land Use District (Zoning) Maps, starting the process over and
Page 1 of 3
adopting the maps(approximately 44,000 parcels)as a Comprehensive Plan FLUM overlay district would expose the
County and every parcel with a Tier designation to potential challenges by affected persons, as defined by Section
163.3184(1)(a),F.S. County legal staff has studied the legal differences in the maps being in the Comprehensive Plan
and Land Use District(Zoning)Maps. A legal opinion is attached.
On July 17, 2013, the Monroe County Board of County Commissioners discussed the requirement of the
Administration Commission Rule to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan. This
discussion included the significant exposure(including restarting the appeal clock and adding possible takings claims
against the County), costs,personnel demands and attorney fees to the County. Further discussing the duplication of
maps in the Comprehensive Plan and Zoning Maps seems to be unnecessary and a redundant process when DEO
reviews both FLUM and Zoning Maps in an Area of Critical State Concern and has the ability to approve or reject
proposed zoning map amendments or file a petition with the Division of Administrative Hearings on a proposed
FLUM amendment.
Following a presentation by County Growth Management and legal staff,the BOCC unanimously approved a motion
to direct staff to write a letter to the Administration Commission to request that Rule 28-20.140,F.A.C.be amended to
remove the requirement to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
Monroe County respectfully requests the Administration Commission consider amending Rule 28-20.140 F.A.C., to
delete Work Program Tasks(5)(a)1,3 and 4:
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.
3. By July 1, 201Z Monroe County shall create Goal 106 to complete the 10 Year Work Program
found in Rule 28-20.110, 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.
Such action will not impede DEO's authority to review and approve all future amendments to the adopted Tier Zoning
Overlay Maps,will not lessen any protection of habitat,and will protect both the State and Monroe County from new
potential challenges to the Tier Overlay Zoning Map System which is presently in effect.
While Monroe County is requesting the deletion of tasks which require the adoption of the tier maps into the
Comprehensive Plan,the County will pursue the completion of Work Program Tasks(5)(a)2,5,and 6:
2. By July 1, 2012, Monroe County shall adjust the Tier 1 and Tier IIIA (SPA) boundaries to more
accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166 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.
5. 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.
Page 2 of 3
These tasks require the adoption of policies which require the continued update of the habitat data and the adjustment
to the tier boundaries,coinciding with the State Evaluation and Appraisal Report timelines,following a review by the
Tier Designation Review Committee Work Group.
The County continues to make progress in achieving the Administration Commission's Work Program and we are
pleased to continue to work with you and DEO to protect all significant resources of the Florida Keys and maintain our
economic prosperity. Thank you for your consideration.
Sincere ,
le-
George Neum Mayor
Monroe County Board of County Commissioners
CC: Mayor Pro Tern Heather Carruthers
Commissioner David Rice
Commissioner Sylvia Murphy
Commissioner Danny Kolhage
Roman Gastesi,County Administrator
Bob Shillinger,County Attorney
Christine Hurley,Growth Management Director
Jesse Panuccio,Executive Director,Florida DEO
Robert N.Sechen,General Counsel,Florida DEO
William B.Killingsworth,Director of Community Development,Florida DEO
Rebecca Jetton,Area of Critical State Concern Administrator,Florida DEO
Enclosures: Legal Opinion
Rule 28-20.140,F.A.C.
BOCC AIS,Item
Page 3 of 3
r'�-
�^r-� Mayor George Neugent,District 2
Mayor Pro Tem,Heather Carruthers,District 3
OUNTY Danny L.Kolhage,District 1
KEY jo '�MONROE
LORIDA33040 David Rice,District 4
(305)2N4641 lit
Sylvia J.Murphy,District 5
Robert B.Shillinger,County Attorney** Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney** 1111 121°Street,Suite 408
Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone
Cynthia L.Hail,Assistant County Attorney** (305)292-3516—Fax
Christine Limbert-Barrows,Assistant County Attorney**
Derek V.Howard,Assistant County Attorney**
Lisa Granger,Assistant County Attorney
Steven T.Williams,Assistant County Attorney
**Board Certified in City,County 8t Local Govt.law
MEMORANDUM
TO: Christine Hurley, Growth Management Director
FROM: Susan Grimsley,Assistant County Attorney
DATE: August 13, 2013
RE: Standing of Affected Persons to Challenge FLUM Overlay
You requested an explanation of the process for challenging a county wide zoning map amendment in the
County's Land Development Regulations as opposed to challenging a future land use map amendment, and
who may challenge each type of amendment.
For purposes of this memo, I will assume you are talking about adoption of the Tier Overlay Maps in the
Monroe County Land Development Regulations on the Land Use District(Zoning)Map, which was recently
completed, and the adoption of a tier overlay on the Monroe County Future Land Use Map as part of the
Monroe County Year 2010 Comprehensive Plan. The initial Tier Maps were adopted in 2006 by Ordinance
013-2006 along with other land development regulations implementing their use. Environmental groups
whose"substantial interests" could have been adversely affected challenged the consistency of the criteria and
the mapping with the Comprehensive Plan.
The completion of the final tier map amendments was accomplished by the adoption of Ordinances 014-2013
and 015-2013, which included other parcels that the challengers wanted reviewed along with some un-tiered
properties. The entire process for all 44,000 parcels to be assigned a tier and be effective took approximately
7 years.
1. Land Development Regulations and Challenges
In an area of critical state concern,land development regulations are reviewed by the state land planning
agency and a final order is published in the Florida Administrative Register.' The tier maps, as part of the
I Fla.Stat. §380.05(6)(2012).
1
land development regulations,may be challenged by filing a petition pursuant to Chapter 120, Section
120.57.2
The challenge must be filed within 21 days of publication. Pursuant to Florida Statutes, Section 120.569, the
proceedings under Chapter 120 may be used in all proceedings in which the"substantial interests"of a party
are determined by an agency.To be a substantially interested party it must be shown that: (1)The party will
suffer injury-in-fact which is of sufficient immediacy to entitle him to a hearing, and(2)the party's
substantial injury is of a type or nature which the proceeding is designed to protect.3
There are further requirements for standing of an association to show it is substantially affected.Those
requirements are: (1)A substantial number of its members, although not necessarily a majority, are
substantially affected; (2) The subject matter is within the association's general scope of interest and activity;
(3)The relief is of the type appropriate for an association to receive on behalf of its members.4
There is,in the case of a challenge to land development regulations, at least some requirement of an injury for
individual standing and the standing of associations,and therefore, some limitation on standing to challenge
the County's Land Development Regulations pursuant to Florida Statutes, Section 380.05(6) and Florida
Statutes, Chapter 120.
The state land planning agency has the burden of proving the validity of the final order.
2. Challenges to the Comprehensive Plan including the Future Land Use Map
"No proposed local government comprehensive plan or plan amendment that is applicable to a designated area
of critical state concern shall be effective until a final order is issued finding the plan or amendment to be in
compliance as defined in paragraph(1)(b)."5
Challenges to the comprehensive plan are brought pursuant to Florida Statutes, Section 163.3184,E which
states as follows:
(5)Administrative Challenges to Plans and Plan Amendments.
(a)Any affected person as defined in paragraph (1)(a)may file a petition with the Division of
Administrative Hearings pursuant to ss. 120.569 and 120.57,with a copy served on the affected
local government,to request a formal hearing to challenge whether the plan or plan amendments
are in compliance as defined in paragraph(1)(b). This petition must be filed with the division
within 30 days after the local government adopts the amendment. The state land planning agency
may not intervene in a proceeding initiated by an affected person.
21d.("No proposed land development regulation within an area of critical state concern becomes effective under[§380.05(6)]
until the state land planning agency issues its final order or,if the final order is challenged,until the challenge to the order is
resolved pursuant to Chapter 120.").
3 See Palm Beach County Envtl. Coalition v. Fla.Dept of Envtl.Prot., 14 So.3d 1077(Fla.Dist.Ct.App.4th Dist.2009);
see also Donna Melzer et al. v.Martin County,2010 Fla.ENV LEXIS 109,Case No.DCA 10-GM-063, 1 F.A.L.R. 170(Fla.
Dep't Community Aff.2010);see also Agrico Chem. Co. v.Dept of Envd.Regulation,406 So.2d 482(Fla.Dist.Ct.App.2d
Dist. 1981).
4 See Melzer et al.,supra note 3,at 12;see also Rosenzweig v.DOT,979 So.2d 1050(Fla.Dist.Ct.App. 1 st Dist.2008);see
also NAACP v. Fla.Bd.of Regents,822 So.2d 1 (Fla.Dist.Ct.App. 1 st Dist.2002);see also Fla.Home Builders Asso v.
Dept of Labor&Employment Sec.,412 So.2d 351 (Fla. 1982).
'Fla.Stat. §163.3184(13)(2012).
6 See Fla.Stat. §163.3184(5);see also Fla.Stat. §380.05(6)(2012).
2
The definition is provided in Florida Statutes, Section 163.3184 as follows:
(1) Definitions.—As used in this section,the term:
(a) "Affected person" includes the affected local government;persons owning property,residing, or
owning or operating a business within the boundaries of the local government whose plan is the subject of the
review; owners of real property abutting real property that is the subject of a proposed change to a future land
use map; and adjoining local governments that can demonstrate that the plan or plan amendment will produce
substantial impacts on the increased need for publicly funded infrastructure or substantial impacts on areas
designated for protection or special treatment within their jurisdiction.
(b)Each person, other than an adjoining local government,in order to qualify under this definition,
shall also have submitted oral or written comments,recommendations, or objections to the local government
during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending
with the adoption of the plan or plan amendment.
The definition of"affected person" as provided in the statute is broader than those of a person whose
"substantial interests" are affected for a challenge to the ordinances which approved the Tier Maps in the
Monroe County Land Development Regulations since the definition of an affected person for purposes of
challenging a comprehensive plan amendment requires only residency,property ownership, or operation of a
business within the boundaries of the local government or jurisdiction, whereas a challenger to a Land
Development Regulation must demonstrate some sort of injury to establish standing. Clearly,the category of
challengers to a comprehensive plan amendment is far more expansive than what is usually required in a
Chapter 120 proceeding.
Public participation in the Tier Map process will not be inconsequential as demonstrated by the"re-tiering"
hearings after the challenge in 2006 resulted in new map adoption hearings. The requirement to have made
comments during the comment period provided will not deter citizens from qualifying under the statute. This
will open the door to more challenges to the adoption of the tier maps into the comprehensive plan than the
adoption of the tier maps into the land development code. More persons may be statutorily permitted to file a
challenge.
Please note that the challenge to a comprehensive plan amendment is not dependent on the Notice of Intent
from the Department of Economic Opportunity,but simply has to be done within 30 days of the adoption of
the amendment. The state land planning agency may not intervene in an action by an affected party;the
County is left to defend the adoption.7
Fla.Stat. §163.3184(5)(a)(2012).
3
28-20.140 Comprehensive Plane.
(1)The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to
read as follows:
(2)Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) 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 ranking and 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 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 if a construction permit has been issued for the collection system and the parcel lies
within the service area of the wastewater treatment facility.
(3)Reporting and Oversight.
(a) Beginning 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)If the 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.
(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 Sections 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(10),F.S.
(4)Policy 216.1.19.Hurricane Modeling.
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.
(5)WORK PROGRAM.
(a)Carrying Capacity Study Implementation.
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.
2.By July 1,2012,Monroe County shall adjust the Tier I and Tier M(SPA)boundaries to more accurately reflect the criteria
for that Tier as amended by Final Order DCA07-GM166 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.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110,
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.
5.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 1, 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 Keys to purchase Tier I and
Big Pine Key Tier II lands and the purchase of parcels 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.By July 1,2012,Monroe County shall adopt Land Development Regulations to require that administrative relief in 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 County 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 1, 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.
10. By July 1, 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.
11. 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 1, 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.
13.By July 1,2012,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 1, 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.
(b)Wastewater Implementation.
1. By July 1, 2011, 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.By December 1,2013,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(DEP)to fulfill the requirements of
Sections 403.086(10)and 381.0065(3)(h)and(4)(1),F.S.,regarding implementation of wastewater treatment and disposal.This will
include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 treatment and
disposal standards.
3.By July 1,2011,Monroe County shall annually draft a resolution requesting the issuance of$50 million of the$200 million
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.
4. By July 1, 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 necessary to fulfill any terms and conditions
associated with bonds.
5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply
annually to at least one state or federal grant program for wastewater projects and connections.
6.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. By 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.
(c)Wastewater Project Implementation.
1.Key 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 1,2012,Monroe County shall complete construction of the South Transmission Line;
b.By July 1,2013,Monroe County shall complete design of Collection basin C,E,F,G,H,I,J,and K;
c.By July 1,2012,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 1,2011,Monroe County shall complete construction of Collection basins I-K;
f.By July 1,2011,Monroe County shall complete 50%of hook-ups to Key Largo Regional WWTP;
g.By July 1,2012,Monroe County shall complete 75%of hook-ups to Key Largo Regional WWTP;
h.By July 1,2013,Monroe County shall complete all remaining connections to Key Largo Regional WWTP.
2.Hawk's Cay,Duck Key and Conch Key Wastewater Treatment Facility.
a.By July 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and
collection system;
b.By July 1,2013,Monroe County shall complete construction of Duck Key collection system;
c.By July 1,2012,Monroe County shall initiate property connections to Hawk's Cay WWTP;
d.By December 1,2012,Monroe County shall complete 50%of hook-ups to Hawk's Cay WWTP;
e.By July 1,2013,Monroe County shall complete 75%of hook-ups to Hawk's Cay WWTP;and
f.By July 1,2014,Monroe County shall complete all remaining connections to Hawk's Cay WWTP.
3.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 1,2013,Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4.Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater
Treatment Facility,the Central Area(Cudjoe,Summerland,Upper Sugarloaf)collection system and the Central Area Transmission
Main;
b. By October 1, 2012,Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
d. By February 1,2012,Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System
and Transmission Main;
e.By February 1,2015,Monroe County shall complete construction of Outer Area collection and transmission main;
f.By July 1,2014,Monroe County shall initiate property connections-complete 25%of hook-ups to Cudjoe Regional WWTP;
g.By July 1,2015,Monroe County shall complete 50%of hook-ups to Cudjoe Regional WWTP;and
h.By December 1,2015,Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d)Stormwater 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.
2.By July 1,2011,Monroe County shall apply for stormwater grants from the South Florida Water Management District.
3.By July 1,2011,Monroe County shall complete Card Sound Road stormwater improvements.
Rulemaking Authority 380.0552(9),380.05(22)FS.Law Implemented 380.0552 FS.History-New 6-17-11.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: Discussion and direction on the requirement of Administration
Commission Rule to adopt the Tier Overlay Zoning Maps into the Comprehensive Plan.
ITEM BACKGROUND: Administration Commission Rule 28-20.140,F.A.C.,which was ratified by
the Legislature in 2011, includes six Work Program Tasks [28-20.140(5)(a)l, 2, 3, 4, 5, and 6]
requiring the County to adjust Tier boundaries Tier Zoning Overlay maps [(5)(a)2 ] and amend its
Comprehensive Plan to adopt the Tier System Maps onto the Future Land Use Map Series [(5)(a)l, 3
and 4].
Monroe County has completed Work Program task (5)(a)2 with the adoption of four (4) ordinances
[Ordinance 005-2011, 006-2011, 007-2011, and 008-2011] on May 4, 2011, revising or assigning the
tier overlay designation for 3,394 parcels based upon recommendations from the Tier Designation
Review Committee Work Group, Monroe County staff, the Planning Commission, Board of County
Commissioners and the public. The Administration Commission and the Department of Economic
Opportunity (DEO) have also reported that the County has completed Work Program task (5)(a)2,
which is to amend the Tier Overlay Maps to more accurately reflect the criteria for that Tier as
amended by Final Order DCA07-GM166.
Additionally, the plaintiff in DOAH Case No. 06-2449GM requested additional revisions to the tier
designations—for 393 parcels that were not included in the challenge. Further, the County identified
77 offshore island parcels for review because these parcels were not given a tier designation at the time
of the adoption of the original Tier Ordinances in 2006. Collectively, the County refers to these
additional Tier designation revisions as the `Volume A amendments.'
The Volume A amendments [Ordinances 014-2013 and 015-2013] were adopted by the Board of
County Commissioners on March 20, 2013. These amendments are currently under review by DEO;
with an anticipated final order publish date of June 21,2013. Assuming the June 21 st publish date and
no challenges, the Volume A amendments will be effective by July 12th. The County has been
awaiting the completion of the DEO review, the expiration of the appeal period, and for the Volume A
Tier designation amendments to become effective —to initiate the discussion of the County adopting
the Tier Maps into the Comprehensive Plan (which is required by Work Program Tasks (5)(a)l, 3 and
4).
Throughout the process of updating information and adopting the six(6) ordinances.the County
has been concerned with the possibility of new administrative proceedings pursuant to Section
120.569 and 120.57, F.S., which could delay the effectiveness of the ordinances and create
significant cost and demands to the County.
Completing Work Program Tasks (5)(a)1, 3 and 4 (adoption of the entire set of Tier Overlay maps into
the Comprehensive Plan) could expose the County and every parcel (-44,000) with a Tier designation
to a potential challenge.
Monroe County Legal and Growth Management staff met with staff of the Department of Economic
Opportunity on June 17,2013,to discuss this issue.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Board of County Commissioners adopted Tier Ordinances Nos. 008-2006, 009-
2006, 010-2006, 011-2006 and 013-2006, which set forth criteria in the Land Development
Regulations implementing a Tier System and adopting Tier Overlay District Maps in order to protect
the natural habitat and guide development toward less environmentally sensitive areas.
On May 4,2011,the Monroe County Board of County Commissioners adopted Ordinances Nos.005-
2011, 006-2011, 007-2011 and 008-201,revising or assigning the tier overlay designation for 3,394
parcels.
On March 20,2013,the Monroe County Board of County Commissioners adopted Ordinances Nos.
014-2013 and 015-2013 (Volume A amendments).
CONTRACT/AGREEMENT CHANGES:n/a
STAFF RECOMMENDATIONS: Discussion of the pros and cons of completing Work Program
Tasks(5)(a)1, 3, 4,5, and 6.
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
Rule 28-20.140, F.A.C.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
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.
2. By July 1, 2012, Monroe County shall adjust the Tier 1 and Tier ILIA (SPA) boundaries to
more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166
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.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work
Program found in Rule 28-20.110, 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 1062 to adopt conservation
planning mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the
recommendations of the Tier Designation Review Committee Work Group.
S. 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.
Amendment Process for adopting the Tier Overlay Zoning Maps into the Comprehensive Plan
Development Review Committee(DRC)
Planning Commission(PC)
BOCC transmittal hearing
County transmits the amendment package to State Land Planning Agency for review
and issuance of an Objections,Recommendations and Comments(ORC)Report.
(60 days after amendment package is found complete).
County receives&reviews ORC report—County may need to address issues raised in
the ORC report by recommending revisions to proposed amendments,providing
additional data and analysis, etc.
The County has 180 days to adopt the amendments, adopt the amendments with
changes or not adopt the amendment.
BOCC adoption hearing
An"affected person"may file a petition with the Division of Administrative
Hearings OAH within 30 days after the BOCC adopts the amendment
County transmits the amendment package to State Land Planning Agency for a
compliance review and issuance of a Notice Of Intent to find the amendment"in-
compliance"or"not-in-compliance"(45 days after package found complete).
NOTE: If an appeal is filed,the CP does not go into effect,while that
administrative appeal is pending. An appeal would require a referral to a DOAH
hearing officer,who would issue an initial order attempting to schedule a hearing
between 30 and 70 days from the date of the initial order but the hearing officer
and/or the parties may seek a hearing date beyond the 74th day. Hearings can last
more than one day;those days are not necessarily consecutive to each other. The
hearing officer has 30 days from the conclusion of the hearing or receipt of the
transcript,whichever is later,to enter a recommended order. F.A.C.28-
106.216(1).The parties may file exceptions to the recommended order within 15
days. A party may file responses to the other party's exceptions within 10 days.
The DEO Secretary would then review the recommended order and exceptions
before entering a final order.
The final order could be appealed to the 1 st or 3rd District Court of Appeal.
Add 6-12 months to timeframe for an Administrative Appeal
Add an additional 6-12 months to timeframe for an Appeal to a District Court
of Appeal
If no appeal,the Comprehensive Plan amendment becomes effective.