Item K06 �s K.6
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: K.6
Agenda Item Summary #8016
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
N/A
AGENDA ITEM WORDING: Authorization for the Mayor to sign the County's Evaluation and
Appraisal Notification Letter, as required by Section 163.3191, F.S., to the Florida Department of
Economic Opportunity (DEO), specifying the necessary plan amendments required to reflect
changes in requirements in State Statutes: 1) update comprehensive plan to address the Peril of
Flood legislation, 2) update comprehensive plan definition of the term `development', and 3) to
inform DEO on the County's plan to address Rule 28-20 Work Program requirements to analyze and
provide recommendations on Tier(Zoning) Overlay District Maps updates.
ITEM BACKGROUND: Attached is the evaluation and appraisal comprehensive plan notification
letter to DEO that indicates that two amendments are necessary to reflect changes in requirements in
State Law (see below) and informs DEO on the County's plan to address Rule 28-20 Work Program
requirements to analyze and provide recommendations on Tier (Zoning) Overlay District Maps
updates.
The February 17, 2021 BOCC meeting included an agenda item providing an update on the Florida
Statute requirement to evaluate a comprehensive plan every seven years, including review of the
County's draft evaluation and appraisal notification letter to the DEO which is required to be sent to
DEO by May 1, 2021, outlining the three minimum requirements:
1)update comprehensive plan to address the Peril of Flood legislation,
2)update comprehensive plan to update definition of the term `development', and
3) to inform DEO on the County's plan to address Rule 28-20 Work Program requirements to
analyze and provide recommendations on Tier(Zoning) Overlay District Maps updates.
The agenda item included other potential updates to the comprehensive plan, which are not required
and do not get included in the letter to DEO, but have been found by staff to be needed, such as:
1)update the newly adopted Rule 28-20 references within the comprehensive plan;
2) update the County's Coastal High Hazard Area (CHHA) depiction on the Future Land Use
Maps;
Packet Pg. 2200
K.6
3) extending the deadlines (or eliminating) within the comprehensive plan (policies stating
"within X years after the adoption of the comprehensive plan" where the deadline has already
passed); and
4) general text updates, corrections to text and grammatical errors and clean-up of policies.
At the February 17, 2021 meeting, the BOCC agreed that staff should evaluate and work on the
other potential updates to the comprehensive plan when drafting the future EAR-based amendments.
Pursuant to Section 163.3191, F.S., the County's previous Evaluation and Appraisal Report (EAR)
was adopted by the BOCC on May 22, 2012 via Resolution 150-2012. The County prepared
Comprehensive Plan amendments in accordance with the 2012 EAR.
After statutory updates to Section 163.3191, F.S., DEO revised the Monroe County evaluation and
appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, F.A.C. On April 23, 2014, the
BOCC approved the EAR Notification Letter to DEO which specified the necessary plan
amendments required to reflect changes in requirements in State Statutes. The County prepared
Comprehensive Plan amendments in accordance with the 2014 EAR notification letter.
The BOCC adopted the 2030 Comprehensive Plan in April 2016 pursuant to Ordinance 005-2016,
which included the County's EAR-based amendments. The Monroe County Year 2030
Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website
on June 20, 2016.
As required by statute, the County must evaluate its comprehensive plan every 7 years and determine
if plan amendments are necessary to reflect changes in state requirements (i.e., does the County need
to update its comprehensive plan to satisfy statute requirements).
163.3191 Evaluation and appraisal of comprehensive plan.—
(1)At least once every 7 vears, each local government shall evaluate its comprehensive plan to determine if
plan amendments are necessary to reflect changes in state requirements in this part since the last
update of the comprehensive plan, and notift the state land planning agency as to its determination.
(2) If the local government determines amendments to its comprehensive plan are necessary to reflect
changes in state requirements, the local government shall prepare and transmit within 1 vear such
plan amendment or amendments for review pursuant to s. 163.3184.
(3) Local governments are encouraged to comprehensively evaluate and as necessary, update
comprehensive plans to reflect changes in local conditions. Plan amendments transmittedpursuant to
this section shall be reviewed pursuant to s. 163.3184(4).
(4)If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant
to subsection (2), it may not amend its comprehensive plan until such time as it complies with this
section.
(5) The state land planning agency may not adopt rules to implement this section, other than procedural
rules or a schedule indicating when local governments must comply with the requirements of this
section.
The County must notify the Florida Department of Economic Opportunity (DEO) of the
County's determination of necessary amendments by May 1, 2021. The proposed EAR-based
Packet Pg. 2201
K.6
amendments will need to be transmitted to DEO by May 1, 2022 and the adoption of amendments is
anticipated to be around March 2023.
Staff conducted a thorough review of current Florida Statutes (2012-current) and the County has
determined two (2) amendments to its comprehensive plan are necessary to reflect changes in state
requirements for the Peril of Flood legislation (Section 163.3178(2)(f), F.S.) and the revision of
the definition of the term `development' (s. 380.04, F.S.; s. 163.3221, F.S.; and referenced in s.
163.3164(14), F.S.). Excerpts of the statutory changes are provided below. Additionally, The
associated Laws of Florida(2015-69 and 2018-34) for these updates are attached.
Section 163.3178, Coastal Management Element(Chapter 2015-69,section 1, Laws of Florida)
+ Adds a requirement that the redevelopment component of the Coastal Management
Element Must:
• Reduce the flood risk in coastal areas that result from high tide events, storm
surge, flash floods, stormwater runoff,, and the related impacts of sea level rise.
• Encourage removal of coastal real property from FEMIA flood zone designations.
• Be consistent with or more stringent than the flood resistant construction
requirements in the Florida Building Code and federal flood plain rnanagement
regulations.
• Require construction seaward of the coastal construction control line to be
consistent with chapter 161, Florida Statutes.
• Encourage Vocal governments to participate in the National Floors Insurance
Program Community Rating System to achieve flood insurance premirrnli discounts
for their residents..
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Act;
definitions(Chapter 2018-34, section 1, Laws of Florida)
• Amends the definition of"development"to exclude work by electric utility providers on
utility infrastructure on certain rights-of-way or corridors and the creation or termination
of distribution and transmission corridors,
As a reminder, the County received a Florida Department of Environmental Protection Resilient
Coastlines Program Grant to address the "Peril of Flood" Legislation by preparing draft
comprehensive plan amendments. These draft amendments were presented to the BOCC on May 20,
2020 (agenda item H5) and are anticipated to address the EAR-based amendment requirement. The
previous agenda item is attached.
Tier Mans:
Pursuant to Section 163.3191, F.S., the County is only required to notify DEO of comprehensive
plan updates required by statutory updates; however, the County's former Rule 28-20 Work Program
also required the County adopt Policies establishing that with each evaluation and appraisal report,
the County will include an analysis and recommendations on the Tier (Zoning) Overlay District
Maps. An excerpt of the work program on tier map update is included below, as well as the
comprehensive plan provisions adopted by the County pursuant to the work program.
Packet Pg. 2202
K.6
To address this requirement, the County is contracting with the Monroe County Property Appraisers
Office to acquire access to current aerials and the County is preparing Request for Proposals (RFPs)
to update habitat data (GIS mapping & dataset: types and boundaries of habitats) for the tier overlay
district maps and to evaluate listed, threatened, and endangered species as of 2021. Once this
updated information is available, the County will be forming a tier review committee to review tier
criteria, habitat, species, and lands acquired by public entities to determine if amendments are
needed to the tier overlay district maps to further protect and enhance native upland vegetation.
This summary of County actions on the tier map update is proposed to be included in the County's
EAR notification letter to DEO to address the former Work Program provisions.
(5)WORK PROGR 1-
(a)Carrying Capacity Study Implementation-
1.lay July^1,20122 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 iAith the adjusted Ties
boundaries-
2-By July 1,2012,Afonroe County shall adjust,the'Tier I and Tier III-k(SPA)boundaries to more accurately reflect the criteria
for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Camting Capacity Study,utilizing the
updated habitat data,and based upon the recommendations of tine Ties Designation Review Committee Work Group.
3.By July 1,2012,, Nlariroe County shall create Goal 1,06 to complete the 10 Year yvork Program found in Rule 25 20.11,0,
FAC-,and to establish objectives to develop a build-out horizon in the Florida keys and adopt conservation planning mapping into
the Comprehensive Plan-
By July 1;2012,Monroe County shall create Objective 1062 to adapt conservation planning:mapping(Tier Maps)into the
Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee 417ork 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 ivith evaluation and appraisal report timelines-
6-By July 1,2012,Monroe County shall adopt,Policy 10622 to estabhsh the Tier Designation Work Group Review Committee
to consist of representatives selected by the Florida Department of Economic Opportunity from Monroe County,Florida Fish
Wildlife Conservation Comsnnission. United States Fish & Wildlife Service, Department of Environmental Protection and
environmental and other relevant interests- This Committee shall be tasked inith 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 ,ppraisal report timelines beginning ixnth the second Evaluation and :appraisal
review which follo-ws the adoption of the revised'Tier System and Maps as required above adopted in 2011-Each evaluation and
appraisal report submitted foll iviig the 2011 evaluation and appraisal report shall also include an analysis and recommendations
based upon the process described above-
GOAL 106
Monroe Countv shall continue to maintain the Tier System to ensure growth initiatives recognize the
natural and man-made systems in the Florida Keys, the care ving capacity to accommodate further
development, the need for the significant expansion of the public acquisition of vacant developable lands,
and to equitably balance the rights and expectations ofprivate property owners.
Objective 106.1
Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacitv
Study, utilizing updated habitat data and recommendations of the Tier Designation Review Committee
(TDRC) Work Group. [Note: As amended by Final Order DC407-GM166, parcels included in the
challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the amended Tier
Criteria resulting fi^om the DOAH Case 06-2449(GAP].
Policy 106.1.1
Monroe County shall update habitat data and the Land Development Code Tier (Zoning) Overlay
District Maps to coincide with the State comprehensive plan evaluation and appraisal schedule(May
1, 2021).
Packet Pg. 2203
K.6
Policy 106.1.2
Monroe County shall establish a Tier Designation Review Committee(TDRC) Work Group to consist
of representatives selected by the Florida Department of Economic Opportunitv(DEO)from Monroe
County Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service,
Department of Environmental Protection and environmental and other relevant interests. The TDRC
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 Capacitv Study. These proposed Land Development Code
Tier (Zoning) Overlay District Map amendments shall coincide with the State comprehensive plan
evaluation and appraisal schedule (May 1, 2021). Each comprehensive plan evaluation and
appraisal submitted shall also include an analysis and recommendations based upon the TDRC
review process.
Policy 106.1.3
Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay
District Map, the County shall evaluate the listed threatened and endangered species (as of 2021)
and the criteria included in Policy 205.1.1 to determine if amendments are required to further
protect and enhance native upland vegetation. Any Tier (Zoning) Overlay District Map amendment
completed prior to May 1, 2021 shall be processed according to state law and the Land Development
Code.
Other Updates:
Again, pursuant to Section 163.3191, F.S., the County is only required to notify DEO of
comprehensive plan updates required by statutory updates; however, the BOCC may want to also
update comprehensive plan to reflect changes in local conditions and recent trends, issues and
challenges (including but not limited to, Hurricane Irma, Tropical Storm Eta, flooding events, the
Covid-19 pandemic, and related budgetary impacts)which have impacted the County.
The items listed below do not get included in the evaluation and appraisal comprehensive plan
notification letter to DEO. While not in the letter, staff will begin evaluating the comprehensive plan
for updates, and working on the below identified items for the future drafting and processing of
EAR-based amendments.
Comprehensive Plan updates to include within the EAR-based amendments:
1. Update the Rule 28-20 references within the comprehensive plan to reflect the recently
adopted Administration Commission Rule 28-20.140, F.A.C., with the updated Work
Program (mainly canal restoration work program).
2. Updating the County's Coastal High Hazard Area (CHHA) depiction on the Future Land Use
Maps with the updated Florida Department of Emergency Management (2017) SLOSH
modeling.
o Pursuant to Section 163.3178(2)(h), F.S., the CHHA is the area below the elevation of
the category 1 storm surge line as established by a Sea, Lake, and Overland Surges
from Hurricanes (SLOSH) computerized storm surge model. Pursuant to Section
163.3178(8)(c), F.S., the CHHA must be shown on the Future Land Use Map.
3. Extending the deadlines (or eliminate) within the comprehensive plan (policies with current
text stating "within X year after the adoption of the comprehensive plan" where the deadline
Packet Pg. 2204
K.6
has passed) due to changes in local conditions and recent issues and challenges (like
Hurricane Irma), for example:
o Potiey 105.1.1 - Monroe County shall create an economic development framework for a
sustainable visitor-based economy, not dependent on growth in the absolute numbers of
tourists that respects the unique character and outdoor recreational opportunities available
in the Florida Keys. Within three (3)years after the adoption of the 2030 Comprehensive
Plan [due 20191, the County will, with input from the business community and other
stakeholders, develop an Economic Sustainability,Element, which focuses upon and promotes
redevelopment, considers the increasing cost of climate adaptation and the protection of
property.
o Objective 2072 - Within one (1)year after adoption of the 2030 Comprehensive Plan [due
20171,Monroe County shall prepare an inventot y of active and abandoned mining sites.
o Potiey 210.1.8 - Within one (1) year after the adoption of the 2030 Comprehensive Plan
[due 20171, Monroe County shall prepare beach management plans for all publicly-owned
beaches (See Recreation and Open Space Obfective 1201.7 and related policies). Plans shall
be maintained to be consistent with the current County Restoration Plan.
o Potiey 212.1.1 - Within five (5)years after the adoption of the 2030 Comprehensive Plan
[due 20211, Monroe County shall develop a Shoreline Use Priorities Plan which shall
provide for siting of uses consistent with the following order of priority: 1) water-dependent
uses, 2) water-related uses, 3) water-enhanced uses, and 4) uses that are not dependent upon
or related to shoreline access....
o Potiey 213.1.1 - Within three (3)years after the adoption of the 2030 Comprehensive Plan
[due 20191, Monroe County shall complete a Public Access Plan for unincorporated Monroe
County....
o Objective 1201.6- Within two (2)years after the adoption of the 2030 Comprehensive Plan
[due 20181, Monroe County shall update and adopt a parks and recreation master plan.
4. Text updates, corrections to text and grammatical errors and minor clean-up of policies, for
example:
o Potiey 102.4.6 - Monroe
County, in cooperation with the Land Authority, shall maintain epewe a program to provide a
monetary incentive to private property owners to deed restrict their privately owned adjacent,
vacant parcels to restrict residential development on the vacant parcels.
o Potiey 102.6.1 - 444;, one J yeap "4- tr e 01'19t; H ^� Monroe County shall
maintain a4et9t land development regulations which will further restrict the activities
permitted on offshore islands...
o Potiey 105.2.9 - 0�y 2-04� Monroe County shall continue to explore additional
funding sources for land acquisition...
o Potiey 204.2.2 - To protect submerged lands and wetlands, the open space requirement shall
be 100 percent of`the following types of`wetlands:... ... Allocated density (dwelling units per
acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood
wetland only for use as transferable development rights away from these habitats. Submerged
lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. ' ' ,
o Potiey 204.2.6 - , .
The definition of disturbed wetlands
shall include those wetlands that receive a KEYWEP total functional index of 5.5 or less.
o Potitsy 401.1.1 - 141 he 'he
Monroe County shall maintain land development regulations requiring retail shopping
facilities, offices and similar uses generating over two thousand(2,000) trips per day be built
Packet Pg. 2205
K.6
to accommodate mass transit by being designed to include such features as adequate turning
radii for large vehicles, direct access to sheltered areas with seating that can serve as a bus
stop and pedestrian access to adjacent properties.
o P®&�y 701.3.7 -
gigfo,r ,,,n ep �.,, r,. Reserved. (ROGO includes positive points for cisterns and gray water
reuse system).
o P®th�y 1302.1.4 -
Monroe County shall maintain ad'-pt land development regulations creating a required
community, meeting to emphasize the importance of citizen participation as early as possible
in the planning and development review process.
PREVIOUS RELEVANT BOCC ACTION:
On May 22, 2012, the BOCC adopted the County's Evaluation and Appraisal Report (EAR) via
Resolution 150-2012.
On April 23, 2014, the BOCC approved the County's EAR Notification Letter to DEO which
specified the necessary plan amendments required to reflect changes in requirements in State
Statutes.
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan via Ordinance 005-2016 and
transmitted the updated Comprehensive Plan to DEO on May 4, 2016. DEO issued a notice of intent
to find the amendment"in compliance" on June 20, 2016.
On February 17, 2021, the BOCC reviewed draft evaluation and appraisal of comprehensive plan
notification letter to DEO that indicates that two amendments are necessary to reflect changes in
requirements in State Law and informs DEO on the County's plan to address Rule 28-20 Work
Program requirements to analyze and provide recommendations on Tier (Zoning) Overlay District
Maps updates.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
County EA notification letter to DEO due May 12021
DEO reminder to County of EAR letter deadline_3.3.2021
DEO list of statutory changes to 163
Ch_2015-069_LOF_peril of flood
Ch_2018-34_LOF_definition of development
BOCC presentation_5_20_2020_H5-draft Peril of Flood amendments
Feb 17 2021 Agenda Item K-10 (7787) DRAFT EAR letter to DEO
Packet Pg. 2206
K.6
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:
REVIEWED BY:
Emily Schemper Completed 03/29/2021 2:15 PM
Assistant County Administrator Christine Hurley Completed
04/01/2021 11:33 AM
Derek Howard Completed 04/01/2021 1:47 PM
Maureen Proffitt Completed 04/01/2021 1:49 PM
Purchasing Completed 04/01/2021 1:52 PM
Budget and Finance Completed 04/01/2021 2:00 PM
Maria Slavik Completed 04/05/2021 1:22 PM
Liz Yongue Completed 04/05/2021 2:22 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
Packet Pg. 2207
K.6.a
County of Monroe
Planning&Environmental Resources Department Board of County Commissioners:
Marathon Government Center �r 'i ;( Mayor Michelle Coldiron,District 2
2798 Overseas Highway,Suite 400 �, �s ��± Mayor Pro Tem David Rice,District 4
Marathon,FL 33050 Craig Cates,District 1
Voice: (305)289-2500 t �s ; w- Eddie Martinez,District 3
FAX (305)289-2536 > � n Mince Forster,District 5
We strive to be caring,professional,and fair
0
April 21, 2021 a�
Ray Eubanks,Plan Processing Administrator N
Department of Economic Opportunity c44
Community Planning and Development 0
107 East Madison Street >
Caldwell Building, MSC 160 2
Tallahassee, Florida 32399
cv
CD
Re: Monroe County Year 2030 Comprehensive Plan Evaluation and Appraisal Notification Letter ci
Dear Mr. Eubanks:
m
In accordance with Section 163.3191, F.S., the purpose of this letter is to notify the Florida Department of
Economic Opportunity (DEO) that Monroe County has evaluated its comprehensive plan to determine if plan w
amendments are necessary to reflect changes in state requirements. c�
0
The County's previous Evaluation and Appraisal Report (EAR) was adopted by the Monroe County Board of W
County Commissioners on May 22, 2012 via Resolution 150-2012. The County's previous evaluation and a�
appraisal notification letter was approved by the BOCC on April 23, 2014 and sent to DEO. The County adopted
Comprehensive Plan amendments in accordance with these EAR documents.
The current Monroe County Evaluation and Appraisal Notification Letter is due on May 1, 2021, per the DEO 0
Evaluations and Appraisal Notification Schedule.
LU
e(
A thorough review of the Florida Statutes (2012-current)has been conducted and the County has determined two
(2) amendments to its comprehensive plan are necessary to reflect changes in state requirements for the Peril of
Flood legislation (Section 163.3178(2)(f), F.S.) and the revision of the definition of the term `development' (s.
380.04, F.S.; s. 163.3221, F.S.; and referenced in s. 163.3164(14), F.S.)
m
Additionally, Monroe County will update the Rule 28-20 references within the comprehensive plan to reflect the
recently adopted Administration Commission Rule 28-20.140,F.A.C.,with the County's updated Work Program.
e(
As required by County's former Work Program, which required the County to adopt Policies establishing that
with each evaluation and appraisal report, the County will include an analysis and recommendations on the Tier
(Zoning) Overlay District Maps, the County will be contracting with the Monroe County Property Appraisers
Office to acquire access to current aerials and the County will prepare Request for Proposals (RFPs) to contract
with a consultant to update habitat data (GIS mapping & dataset: types and boundaries of habitats) for the tier
overlay district maps and to evaluate listed, threatened, and endangered species as of 2021. Once this updated
Page 1 of 2
Packet Pg. 2208
K.6.a
information is available, the County will be forming a tier designation review committee to review adopted tier
criteria, changes in habitat, updates to listed species, and lands acquired by public entities to determine if
amendments are needed to the tier overlay district maps to further protect and enhance native upland vegetation.
Further, Monroe County will review its comprehensive plan to evaluate if changes will be processed to reflect
changes in local conditions and recent trends,issues and challenges(including but not limited to, Hurricane Irma,
Tropical Storm Eta,flooding events,the Covid-19 pandemic,and related budgetary impacts)which have impacted
the County.
The County anticipates transmitting the required amendments, pursuant to Section 163.3184(4), F.S., in May
2022. 0
Please direct any questions to Mayte Santamaria, Senior Planning Policy Advisor at 305-393-5556 or via email at
Santaiizaria-inavte(a),inonroecounty-fl.�ov.
_ CC
cv
Sincerely, CD
4-
0
2
Michelle Coldiron
Mayor of Monroe County N
CD
cv
cc: Board of County Commissioners
Roman Gastesi, County Administrator
m
Christine Hurley, Assistant County Administrator
Emily Schemper, Senior Director of Planning &Environmental Resources
Bob Shillinger, County Attorney
0
c
0
0
Page 2 of 2
Packet Pg. 2209
K.6.b'.
s
DE 511111:11N",
can DeSantis
r Dane Eagle
GOVERNOR EXECUTIVE DIRECJOR
FLORIDA DEPARTMENT of
ECONOMIC OPPORTUNITY
March 3, 2021
Ms. Cheryl C offari, AICP
Assistant Director of Planning LU
Monroe County
Planning and Environmental Resources (kept,
Marathon Government Center
2798 Overseas Highway, Suite 400
LU
Marathon, Florida 33050
cv
cv
RE: Monroe County Evaluation and Appraisal Notification Letter Due Date
76
Dear Ms. Cioffari
As you know each local government in the State of Florida is required to regularly
review its comprehensive plan pursuant to Section 163.31 1, Florida Statutes (2020). The
Department of Economic Opportunity, 'Bureau of Community Planning created a submittal' `V
schedule for the Evaluation and Appraisal Notification Letters which is posted on the
Department's website.
The purpose of this letter is twofold: first to remind you that your Evaluation and
Appraisal Notification Letter is due on May 1, 2021; and second, to make you aware of the
implications of not timely submitting your notification letter.
The Legislature made three processing changes to Section 163,3191, Florida Statutes, LU
regarding the evaluation and appraisal process. The law eliminated the need to adopt an
Evaluation and Appraisal Report. The law requires local governments to evaluate its
comprehensive plan to determine if plan amendments are necessary to reflect changes in state
requirements and notify the Department by better to its determination. If local governments c
determine amendments are necessary to their comprehensive plan, the local government shall
prepare and transmit amendments within one year of notification letter. Further, the law
provides that a local government will be prohibited from amending its comprehensive plan if it
fails to timely submit its notification letter or transmit proposed amendment to update its plan 0
within one year of notification if necessary.
It is important to complete the Evaluation and Appraisal notification process and you E
are encouraged to comprehensively evaluate and, as necessary, update your comprehensive
plan to reflect changes in local conditions. Department staff is available to assist and provide
technical guidance to your questions concerning this new process.
Florida Department of Economic: Opportunity I Caldwell Building ¢ 107 E. Madison Street I Tallahassee, FL 32 399
www.twittd r.corn/Ft DEO Iwvvw f icebook.com/FLDEC
An equal opportunity employer/prograrn.Auxiliary aids and service are available upon request to individuals with
disabilities. All voice telephone numbers on this document may be reached by persons rasing TTY/T-FD equipment via
the Florida Relay Service at 711.
Packet Pg. 2210
K.6.b
Ms. Cheryl Cioffari, Assistant Director
March 3, 2021
Page 2 of
If you have any questions concerning the processing of the Evaluation and Appraisal
Notification Letter or the submittal of proposed Evaluation and Appraisal based amendments,
please contact Mr. Ray Eubanks, plan Review Administrator, at (850) 717-8483 or Mr. Justin
S�Regional Planning Administrator at (850) 717- 53,
0
Sincerely,
w
cv
D. Ray Eubanks c
Plan Processing Administrator
0
DRE/me
cv
cv
ai
ai
i
m
0
0
U
0
m
W
U
Packet Pg. 2211
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
-0 1 date of Monroe COUnty EAR adoption
Staff reviewed Florida Statutes(2012-current) to determine if amendments to the comprehensive plan are
necessary to reflect changes in state requirements.
Anything identified to address is highlighted in yellow.
Notes,most items are not applicable to the County or were already addressed in the 2030 Comprehensive Plan.
2012: [Chapters 2012-5, 2012-75, 2012- 3, 2012- 0, 2012-96 and 2012_
, Laws of Florida]
LU
1. Section 163.3162(2)(a) o
• Rewords the definition of"farm"to the same meaning provided in section 823.14.
r
2. Section 163.3162(2)(b)
• Rewords the definition of farm operation to the same meaning provided in section
823.14. LU
04
3. Section 163.3162(2)(d)
N
• Adds a definition of"governmental entity,"which has the same meaning provided in o
section 164.1031.The term does not include a water control district or a special district @
g
created to manage water. CL
o
4. Section 163.3162(3)(b) CL
• Changes"county"to "governmental entity."
Q
5. Section 163.3162(3)(c)
• Changes"county"to "governmental entity" o
6. Section 163.3162(3)(c)3.
• Changes"county"to "governmental entity"
M
7. Section 163.3162(3)(c)3.(i) M
• Changes"county"to "governmental entity"
0
8. Section 163.3162 Note
r
• Adds provisions related to agricultural enclaves y
9. Section 163.3167(8)
• Provides that any local government charter provision that was in effect as of June 1, Mn
2011 for an initiative or referendum process for development orders or comprehensive
LU
plan amendments may be retained and implemented
10. Section 163.3174(4)(b)
• Changes the "preparation of the periodic reports"to "the periodic evaluation and
appraisal of the comprehensive plan" U
11. Section 163.3175(5)
• Adds"advisory"to define the commanding officer's comments on the impact of
proposed changes on military bases,and requires the comments to be based on
appropriate data and analysis which must be provided to the local government with the
comments
12. Section 163.3175(5)(d)
48
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Requires local governments to consider the commanding officer's comments in the
same manner as comments from other reviewing agencies,and deletes the language
that states the comments are not binding.
13. Section 163.3175(6)
• Adds language requiring the local government to consider the accompanying data and
analysis provided by the commanding officer, in addition to the comments,and adds
language stating that consideration shall be based on how the change relates to the
strategic mission of the base,public safety and the economic vitality of the base while
respecting private property rights. LU
14. Section 163.3177(1)(f)3. 0
• Changes the "University of Florida's Bureau of Economic and Business Research"to the
r
"Office of Economic and Demographic Research"and adds language stating that
population projections must,at a minimum,reflect each area's proportional share of
the total county population and the total county population growth. LU
r
15. Section 163.3177(6)(a)4. 04
a
04
• Changes the "University of Florida's Bureau of Economic and Business Research"to the
0
"Office of Economic and Demographic Research." -
16. Section 163.3177(6)(a)8.c. o
L
• Changes the requirement that future land use map amendments be based on an CL
analysis of the minimum amount of land needed as determined by the local
government,to instead be based on an analysis of the minimum amount of land needed
to achieve the requirements of the statute. 0
r
17. Section 163.3177(6)(f)2.
• Deletes the requirement that the housing element be based in part on an inventory
taken from the latest Census.
U
18. Section 163.31777(3)
• Moves the exemptions for a public school interlocal agreement from section
163.3180(6)(i)to section 163.31777(3).
19. Section 163.31777(4)
0
• Adds language requiring each local government exempt from the requirement to have a y
public school interlocal agreement to assess,at the time of evaluation and appraisal, if
the local government still meets the requirements for exemptions described in section LU
163.31777(3). Each local government that is exempt must comply with the interlocal
agreement provisions within one year of a new school within the municipality being
proposed in the 5-year district facilities work program
20. Section 163.3178(3)
r
• Replaces"Department of Community Affairs"with "state land planning agency"and
changes the language that stated intermodal transportation facilities"shall" not be
designated as developments of regional impact to"may" not be designated as
developments of regional impact.
21. Section 163.3178(6)
49
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Deletes the provision that the Coastal Resources Interagency Management Committee
shall identify incentives to encourage local governments to adopt siting plans and
uniform criteria and standards to be used by local governments to implement state
goals related to marina siting
22. Section 163.3180(1)(a)
• Adds language stating that an amendment that rescinds concurrency shall be processed
under the expedited state review process,and is not required to be transmitted to
reviewing agencies for comment,except for agencies that have requested transmittal,
and for municipal amendments, it must be transmitted to the county.A copy of the LU
adopted amendment shall be transmitted to the state land agency. If the amendment 0
r
rescinds transportation or school concurrency,the adopted amendment must also be
r
sent to the Department of Transportation or Department of Education, respectively.
23. Section 163.3180(6)(a)
• Provides general rewording.Adds language to clarify that the choice of one or more LU
r
municipality to not adopt school concurrency does not preclude implementation of 04
a
04
school concurrency within other jurisdictions of the school district.
24. Section 163.3180(6)(i) 0
• Moved to section 163.31777(3) o
L
25. Section 163.3184(2)(c) CL
• Adds developments that are proposed under section 380.06(24)(x)to the list of
amendments that must follow the state coordinated review process.
26. Section 163.3184(3)(b)1. 0
r
• Changes the number of days a local government has to transmit an amendment from
"10 days"to "10 working days".
27. Section 163.3184(3)(b)2.
U
• Changed the time limit for the reviewing agencies'transmittal to 30 days"after" instead
of"from"the date the amendment was received
28. Section 163.3184(3)(c)2.
• Changed the number of days a local government has to transmit an amendment from
0
"days"to "working days." y
29. Section 163.3184(4)(b)
• Changes the time limit a local government has to transmit an amendment from LU
"immediately following"the first public hearing to"within 10 working days after"the
first public hearing
30. Section 163.3184(4)(e)2.
• Changed the number of days a local government has to transmit an amendment from
"days"to "working days."
31. Section 163.3184(5)(b)
• Corrects the citation related to plan amendment package completeness from subsection
(3)(c)3.to subsection (4)(e)3.
32. Section 163.3184(5)(d)
50
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Changes the time limit by which the Administration Commission must enter a final order
from 45 days after the receipt of the recommended order to the time period specified in
section 120.569.
33. Section 163.3184(5)(e)1.
• Changes the time limit for the state land planning agency to submit a not in compliance
recommended order to the Administration Commission from no later than 30 days after
the receipt of the recommended order to the time period provided in section 120.569.
34. Section 163.3184(5)(e)2.
• Changes the time limit by which the state land planning agency must enter into an in LU
compliance final order from 30 days after the receipt of the recommended order to the O
time period provided in section 120.569.
r
35. Section 163.3184(6)(f)
• Changes the time period by which the state land planning agency must issue a
cumulative notice of intent from "upon receipt of a plan or plan amendment adopted LU
r
pursuant to a compliance agreement"to "within 20 days after receiving a complete plan 04
04
or plan amendment adopted pursuant to a compliance agreement."
36. Section 163.3184(8)(b)1.a. o
• Changes the statutory reference for the Florida Small Cities Community DevelopmentCL
o
Block Grant program. CL
37. Section 163.3184(12)
• Changes"subsection"to "section."
r
38. Section 163.3191(3) O
r
• Changes"in accordance with"to"pursuant to"and adds subsection (4)to the section
163.3184 citation.
39. Section 163.3204
U
• Replaces"Department of Community Affairs"with "state land planning agency"and
changes"this"Act to"the Community Planning"Act.
40. Section 163.3213(6)
• Changes the citation that refers to the sanctions that can be the sole issue before the
Administration Commission when land development regulations are inconsistent with y
the comprehensive plan from section 163.3184(11)(a)or(b)to sections 163.3184(8)(a)
or(b)1. or 2. LU
41. Section 163.3221(14)
• Changes the definition of state land planning agency to refer to the Department of
Economic Opportunity instead of the Department of Community Affairs.
U
42. Section 163.3245(1)
r
• Deletes the reference to section 163.3177(11).
43. Section 163.3245(7)
• Deletes the requirement that the department provide an annual status report to the
legislature regarding every optional sector plan.
44. Section 163.3245(9)
51
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Adds"or her"to"his consent to the master plan."
45. Section 163.3246(1)
• Replaces"Department of Community Affairs"with "state land planning agency."
46. Section 163.3247(5)(a)
• Replaces"Secretary of Community Affairs"with "executive director of the state land
planning agency."
47. Section 163.3247(5)(b)
• Replaces"Department of Community Affairs"with "state land planning agency."
48. Section 163.3248(6) Lu
• Removes the word "county"from "board of commissioners." o
r
2013: [Chapters 2013-15, 2013-7 , 2013-115, 2013-213, 2013-224 and
2013-23 , Laws of Florida] Lu
04
1. Section 163.2136(3)(c)-(k) [re-numbered]
N
• Re-numbers section 163.3162(3)(b)-(j)as 163.3162(3)(c)-(k) in order to accommodate -
new section 163.3162(3)(b)—see item 4 below. g
2. Section 163.3162(2)(d)
CL
• Amends the definition of"governmental entity" in the provisions for agricultural lands CL
and practices to provide that the term does not include a water management district(in
addition to the term not including a water control district established under chapter 298
and a special district created by special act for water management purposes). o
3. Section 163.3162(3)(a)
• Replaces"county"with "governmental entity."
M
4. Section 163.3162(3)(b) [New] M
• Prohibits a governmental entity from charging a fee on a specific agricultural activity of a
0
bona fide farm operation on land classified as agricultural land pursuant to section
r
193.461, if such agricultural activity is regulated through implemented best
N
management practices, interim measures,or regulations adopted as rules under chapter
120 by the Department of Environmental Protection,the Department of Agriculture and y
Consumer Services, or a water management district as part of a statewide or regional
Lu
program;or if such agricultural activity is expressly regulated by the United States
Department of Agriculture,the United States Army Corps of Engineers,or the United
States Environmental Protection Agency.
5. Section 163.3167(8)(a) [New] M
• Provides that an initiative or referendum process in regard to any development order is
prohibited. Removes language that allowed an initiative or referendum process by a
local government charter in effect as of June 1,2011 to be retained and implemented.
6. Section 163.3167(8)(b) [New]
• Provides that an initiative or referendum process in regard to any local comprehensive
plan amendment or map amendment is prohibited,except for those amendments that
52
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
affect more than five parcels of land if it is expressly authorized by specific language in a
local government charter that was lawful and in effect on June 1,2011.A general local
government charter provision for an initiative or referendum process is not sufficient.
7. Section 163.3167(8)(c) [New]
• States the intent of the Legislature to prohibit any initiative and referendum in regard to
any development order,and prohibit any initiative and referendum in regard to any
local comprehensive plan or map amendment except as specifically and narrowly
permitted in paragraph (b). States that these prohibitions are remedial in nature and
apply retroactively to any initiative or referendum process commenced after June 1, LU
2011,and that any such initiative or referendum process commenced or completed O
r
thereafter is null and void and of no legal force and effect.
r
8. Section 163.3180(5)(h)1 [New]
• Revises and adds requirements for local governments that continue to implement a
transportation concurrency system,whether in the form adopted into the LU
comprehensive plan before the effective date of the Community Planning Act,Chapter 04
04
2011-139, Laws of Florida,or as subsequently modified.
9. Section 163.3180(5)(h)1.c [New] O
• Adds"development agreement" in the listed land use development permits for which o
an applicant may satisfy transportation concurrency requirements of the local CL
CL
comprehensive plan,the local government's concurrency management system and
section 380.06 when applicable, if conditions in subsequent sections are met.
10. Section 163.3180(5)(h)1.c.11 [New] o
r
• Adds language allowing a local government to accept contributions from multiple y
applicants for a planned improvement if it maintains contributions in a separate account
designated for that purpose.
11. Section 163.3180(5)(h)1.d [New]
• Modifies language to require local governments that continue to implement a
transportation concurrency system to provide the basis upon which the landowners will
be assessed a proportionate share of the cost addressing the transportation impacts
resulting from a proposed development. o
12. Section 163.3180(5)(h)3 [New] N
• Clarifies that a local government is not required to approve a development that,for Lu
reasons other than transportation impacts, is not qualified for approval pursuant to the
applicable local comprehensive plan and land development regulations.
13. Section 163.3180(5)(i) [New]
U
• Sets forth new provisions for any local government that elects to repeal transportation
r
concurrency.
• Encourages adoption of alternative mobility funding system that uses one or more of
the tools and techniques identified in subsection (f).
• Provides that any alternative mobility funding system adopted may not be used to deny,
time or phase an application for site plan approval, plat approval,final subdivision
53
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
approval, building permits,or the functional equivalent of such approvals provided that
the developer agrees to pay for the development's identified transportation impacts via
the funding mechanism implemented by the local government. States that the revenue
from the funding mechanism used in the alternative system must be used to implement
the needs of the local government's plan which serves as the basis for the fee imposed.
• Requires a mobility fee-based funding system to comply with the dual rational nexus
test applicable to impact fees.An alternative system that is not mobility fee-based shall
not be applied in a manner that imposes upon new development any responsibility for
funding an existing transportation deficiency as defined in subsection (h). LU
14. Section 163.3246(1),(4)-(7), (9)(a), (12)and (13) 0
r
• Changes numerous references in the provisions for the local government
r
comprehensive planning certification program from "department"to"state land
planning agency."
15. Section 163.325 [New] LU
r
• Creates short title for sections 163.325-163.3253 as the "Manufacturing 04
a
04
Competitiveness Act."
16. Section 163.3251(1)—(6) [New] 0
• Creates six definitions as used in the provisions for manufacturing development in o
L
sections 163.3251-163.3253: CL
CL
• (1) "Department" means Department of Economic Opportunity;
• (2) "Local government development approval" means a local land development
r
permit, order,or other approval issued by a local government,or a modification 0
r
of such permit,order,or approval,which is required for a manufacturer to
physically locate or expand and includes, but is not limited to,the review and
approval of a master development plan required under section 163.3252(2)(c).
U
• (3) "Local manufacturing development program" means a program enacted by a
local government for approval of master development plans under section
163.3252.
r
• (4) "Manufacturer" means a business that is classified in Sectors 31-33 of the
0
National American Industry Classification System (NAICS)and is located,or y
intends to locate,within the geographic boundaries of an area designated by a
local government as provided under section 163.3252. LU
• (5) "Participating agency" means: (a)The Department of Environmental
Protection, (b)The Department of Transportation, (c)The Fish and Wildlife
Conservation Commission,when acting pursuant to statutory authority granted
by the Legislature and (d)Water management districts.
• (6) "State development approval" means a state or regional permit or other
approval issued by a participating agency,or a modification of such permit or
approval,which must be obtained before the development or expansion of a
manufacturer's site,and includes, but is not limited to,those specified in
section163.3253(1).
54
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
17. Section 163.3252 [New]
• Setting forth provisions for a local manufacturing development program and master
development approval for manufacturers,allows a local government to adopt an
ordinance establishing a local manufacturing development program through which the
local government may grant master development approval for the development or
expansion of sites that are,or are proposed to be,operated by manufacturers at
specified locations within the local government's geographic boundaries.
18. Section 163.3252(1)(a)and (b) [New]
• Requires a local government that elects to establish a local manufacturing development LU
program to submit a copy of the ordinance establishing the program to DEO within 20 0
r
days after the ordinance is enacted.
r
• Provides that a local government ordinance adopted before the effective date of this act
establishes a local manufacturing development program if it satisfies the minimum
criteria established in subsection (3)and if the local government submits a copy of the LU
r
ordinance to DEO on or before September 1,2013. 04
a
04
19. Section 163.3252(2)[New]
0
• Requires that DEO develop a model ordinance by December 1,2013,to guide local @
governments that intend to establish a local manufacturing development program. o
L
Requires the model ordinance,which need not be adopted by a local government,to CL
CL
include the elements set forth in sections 163.3252(2)(a)-(k).
20. Section 163.3252(2)(a) [New]
• Requires the model ordinance to include procedures for a manufacturer to apply for a 0
r
master development plan and procedures for a local government to review and approve U)
a master development plan.
21. Section 163.3252(2)(b) [New]
U
• Requires the model ordinance to identify those areas within the local government's
jurisdiction which are subject to the program.
22. Section 163.3252(2)(c)1-4 [New]
• Requires the model ordinance to include the minimum elements for a master
0
development plan, including but not limited to: y
• (1)A site map
• (2)A list proposing the site's land uses LU
• (3) The maximum square footage,floor area ratio, and building heights for
future development on the site,specifying with particularity those features and 0
facilities for which the local government will require the establishment of
U
maximum dimensions, and
r
• (4) Development conditions
Q
23. Section 163.3252(2)(d)1-11 [New]
• Requires the model ordinance to include a list of development impacts, if applicable to
the proposed site,which the local government will require to be addressed in a master
development plan, including but not limited to:
55
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• (1) Drainage
• (2)Wastewater
• (3) Potable water
• (4)Solid waste
• (5)Onsite and offsite natural resources
• (6) Preservation of historic and archeological resources
• (7)Offsite infrastructure
• (8) Public services
LU
• (9)Compatibility with adjacent offsite land uses
• (10)Vehicular and pedestrian entrance to and exit from the site,and r
• (11)Offsite transportation impacts
r
24. Section 163.3252(2)(e) [New]
• Requires the model ordinance to include a provision vesting any existing development
rights authorized by the local government before the approval of a master development r
04
plan, if requested by the manufacturer.
N
25. Section 163.3252(2)(f) [New] -
• Requires the model ordinance to include whether an expiration date is required fora g
master development plan and, if required,a provision stating that the expiration date
CL
may not be earlier than 10 years after the plan's adoption. CL
Q
26. Section 163.3252(2)(g)1 and 2 [New]
• Requires the model ordinance to include a provision limiting the circumstances that `g
r
require an amendment to an approved master development plan to: (1) Enactment of r
state law or local ordinance addressing an immediate and direct threat to the public
safety that requires an amendment to the master development order,and (2)Any
M
revision to the master development plan initiated by the manufacturer. U
27. Section 163.3252(2)(h) [New]
• Requires the model ordinance to include a provision stating the scope of review for any
r
amendment to a master development plan is limited to the amendment and does not
y
subject any other provision of the approved master development plan to further review.
28. Section 163.3252(2)(i) [New] Mn
• Requires the model ordinance to include a provision stating that,during the term of a
LU
master development plan,the local government may not require additional local
development approvals for those development impacts listed in paragraph (d)that are
addressed in the master development plan,other than approval of a building permit to
ensure compliance with the state building code and any other applicable state- U
mandated life and safety code.
29. Section 163.3252(2)(j) [New]
• Requires the model ordinance to include a provision stating that, before commencing
construction or site development work,the manufacturer must submit a certification,
56
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
signed by a licensed architect,engineer,or landscape architect,attesting that such work
complies with the master development plan.
30. Section 163.3252(2)(k) [New]
• Requires the model ordinance to include a provision establishing the form that will be
used by the local government to certify that a manufacturer is eligible to participate in
the local manufacturing development program adopted by that jurisdiction.
31. Section 163.3252(3)(a)-(d) [New]
• Requires a local manufacturing development program ordinance to as a minimum be
consistent with subsection (2)and establish procedures for(a) Reviewing an application LU
from a manufacturer for approval of a master development plan, (b)Approving a master O
r
development plan,which may include conditions that address development impacts
r
anticipated during the life of the development,(c) Developing the site in a manner
consistent with the master development plan without requiring additional local
development approvals other than building permits and (d)Certifying that a LU
manufacturer is eligible to participate in the local manufacturing development program. 04
04
32. Section 163.3252(4)(a)and (b)1 and 2 [New]
• Prohibits a local government that establishes a local manufacturing development o
M
program from abolishing the program until it has been in effect for at least 24 months. o
• Sets forth provisions for a local government's repealing its local manufacturing CL
CL
development program ordinance,stating that(1)Any application for a master
development plan which is submitted to the local government before the effective date
of the repeal is vested and remains subject to the local manufacturing development o
r
program ordinance in effect when the application was submitted; and (2)The
manufacturer that submitted the application is entitled to participate in the
manufacturing development coordinated approval process established in section
U
163.3253.
33. Section 163.3253 [New]
• Creates provisions for a coordinated manufacturing development approval process,
r
requiring DEO to coordinate the manufacturing development approval process with
participating agencies,as set forth in this section,for manufacturers that are developing y
or expanding in a local government that has a local manufacturing development
program. LU
34. Section 163.3253(1)(a)-(i) [New]
• Requires the approval process to include collaboration and coordination among,and
simultaneous review by,the participating agencies of applications for: (a)Wetland or
U
environmental resource permits, (b) Surface water management permits, (c)
r
Stormwater permits, (d)Consumptive water use permits(e) Wastewater permits, (f)Air
emission permits, (g) Permits relating to listed species, (h) Highway or roadway access
permits and (i)Any other state development approval within the scope of a participating
agency's authority.
35. Section 163.3253(2)(a)and (b) [New]
57
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Requires a manufacturer to file its application for state development approval with DEO
and each participating agency with proof that its development or expansion is located in
a local government that has a local manufacturing development program. If a local
government repeals its local manufacturing development program ordinance,a
manufacturer developing or expanding in that jurisdiction remains entitled to
participate in the process if the manufacturer submitted its application for a local
government development approval before the effective date of repeal.
36. Section 163.3253(3)(a) [New]
• Requires DEO to convene a meeting with one or more participating agencies if a LU
manufacturer requests one at any time during the process and that the participating 0
r
agencies attend.
r
• Allows DEO to participate as necessary to accomplish the purposes set forth in section
20.60(4)(f), does not require the department to mediate between the participating
agencies and the manufacturer. LU
r
37. Section 163.3253(3)(b) [New] 04
a
04
• Prohibits DEO from being a party to any proceeding initiated under sections 120.569
0
and 120.57 that relates to approval or disapproval of an application for state -
development approval processed under this section. o
L
38. Section 163.3253(3)(c) [New] CL
• Prohibits DEO's participation in a coordinated manufacturing development approval
process under this section from having any effect on its approval or disapproval of any
application for economic development incentives sought under section 288.061 or 0
r
another incentive requiring DEO approval.
39. Section 163.3253(4)(a) [New]
• Requires that if a participating agency determines an application is incomplete,the
U
participating agency must notify the applicant and DEO in writing of the additional
information necessary to complete the application.
• Requires that a participating agency provide a request for additional information to the
r
manufacturer and DEO within 20 days after the date the application is filed with the
0
participating agency unless the deadline is waived in writing by the manufacturer. Mn
40. 163.3253(4)(b) [New]
• Provides that if the participating agency does not request additional information within LU
the 20-day period,the participating agency may not subsequently deny the application
based on the manufacturer's failure to provide additional information.
41. Section 163.3253(4)(c) [New] M
• Within 10 days after the manufacturer's response to the request for additional
r
information, a participating agency may make a second request for additional
information for the sole purpose of obtaining clarification of the manufacturer's
response.
42. Section 163.3253(5)(a) [New]
58
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Requires each participating agency to take final agency action on a state development
approval within its authority within 60 days after a complete application is filed,unless
the deadline is waived in writing by the manufacturer.The 60-day period is tolled by the
initiation of a proceeding under sections 120.569 and 120.57.
43. Section 163.3253(5)(b) [New]
• Requires a participating agency to notify DEO if the agency intends to deny a
manufacturers application and, unless waived in writing by the manufacturer,the
department shall timely convene an informal meeting to facilitate a resolution.
44. Section 163.3253(5)(c) [New] Lu
• Unless waived in writing by the manufacturer, if a participating agency does not approve 0
r
or deny an application within the 60-day period,within the time allowed by a federally
r
delegated permitting program,or, if a proceeding is initiated under sections 120.569
and 120.57,within 45 days after a recommended order is submitted to the agency and
the parties,the state development approval within the authority of the participating Lu
r
agency is deemed approved.A manufacturer seeking to claim approval by default under 04
a
04
this subsection shall notify, in writing,the clerks of both the participating agency and
0
DEO of that intent.A manufacturer may not take action based upon the default -
approval until such notice is received by both agency clerks. 0
45. Section 163.3253(5)(d) [New] CL
CL
• Allows the manufacturer at any time after a proceeding is initiated under sections
120.569 and 120.57 to demand expeditious resolution by serving notice on an
administrative law judge and all other parties to the proceeding.The administrative law 0
r
judge is required to set the matter for final hearing no more than 30 days after receipt y
of such notice.After the final hearing is set, a continuance may not be granted without
the written agreement of all parties.
46. Section 163.3253(6) [New]
• Provides that subsections(4)and (5)do not apply to permit applications governed by
federally delegated or approved permitting programs to the extent that subsections(4)
r
and (5) impose timeframes or other requirements that are prohibited by or inconsistent
with such federally delegated or approved permitting programs. y
47. Section 163.3253(7) [New]
• Authorizes the state land planning agency to adopt rules to administer section Lu
163.3253.
r
48. Section 163.340(2)
• Updates a statutory reference in the definition of"public body"from section 165.031(5)
U
to 163.031(7).
r
49. Note to Section 163.3162 (2012 version of statute)
• Repeals section 4 of Chapter 2012-75, Laws of Florida,which had established an
alternate method for certain landowners to apply to DEO for an agricultural enclave
designation. The right to apply for agricultural enclave designation under the alternate
method expired on January 1,2013.
59
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
2014: [Chapters 2014- 3, 2014-17 , and 2014-21 , haws of Florida]
1. Section 163.3167(8)(b)
• Deletes the provision that an initiative or referendum in regards to a comprehensive
plan amendment or map amendment is only allowed if it affects more than five parcels
of land.
2. Section 163.3167(8)(c)
• Deletes the provision that an initiative or referendum in regards to a comprehensive
plan amendment or map amendment is only allowed if it affects more than five parcels LU
of land.
0
r
3. Section 163.3177(7)(a)2.
• Changes"rural areas of critical economic concern"to"rural areas of opportunity."
4. Section 163.3177(7)(a)3.b.
• Changes"rural area of critical economic concern"to "rural area of opportunity." LU
5. Section 163.3177(7)(e) 04
04
• Provides general re-wording and changes"rural area of critical economic concern"to
"rural area of opportunity." O
6. Section 163.3187(3) o
L
• Changes"rural area of critical economic concern"to "rural area of opportunity." CL
CL
7. Section 163.3202(1)
• Requires that local governments must adopt,amend, and enforce land development
regulations that are consistent with and implement the comprehensive plan within one o
r
year after submission of the comprehensive plan or amended comprehensive plan
pursuant to section 163.3191, Florida Statutes(evaluation and appraisal process),
instead of section 163.3167(2), Florida Statutes).
8. Section 163.3206(1) [New]
• Provides legislative intent related to the importance of fuel terminals.
9. Section 163.3206(2)(a)1.-9. [New]
r
• Provides a definition of"fuel"with cross references.
10. Section 163.3206(2)(b) [New] y
• Provides a definition of"fuel terminal."
11. Section 163.3206(3) [New] LU
• Provides that after July 1,2014,a local government may not amend its comprehensive
plan, land use map,zoning districts,or land use regulations to conflict with a fuel
terminal's classification as a permitted and allowable use, including an amendment that M
causes a fuel terminal to be a nonconforming use,structure,or development.
r
12. Section 163.3206(4) [New]
• Provides that if a fuel terminal is damaged or destroyed due to a natural disaster or
other catastrophe,a local government must allow the timely repair of the fuel terminal
to its capacity before the natural disaster or catastrophe.
13. Section 163.3206(5) [New]
60
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• Provides that the section does not limit the authority of a local government to adopt,
implement, modify,and enforce applicable state and federal requirements for fuel
terminals, including safety and building standards. Local authority may not conflict with
federal or state safety and security requirements.
14. Section 163.3246(10)
• Changes"rural area of critical economic concern"to "rural area of opportunity."
LU
201 : [Chapter 201 -30, sections 1- , Laws of Florida, effective May 15,
O
20151 Chapter 2015-69, section 1, Laws of Florida, effective July 1, 201 ]
r
r
1. Section 163.3178,Coastal Management Element(Chapter 2015-69,section 1, Laws of Florida)
LU
• Adds a requirement that the redevelopment component of the Coastal Management
04
Element must: 04
• Reduce the flood risk in coastal areas that result from high tide events,storm o
surge,flash floods, stormwater runoff,and the related impacts of sea level rise. y
O
• Encourage removal of coastal real property from FEMA flood zone designations. CL
CL
• Be consistent with or more stringent than the flood resistant construction
requirements in the Florida Building Code and federal flood plain management
regulations.
r
• Require construction seaward of the coastal construction control line to be 0y
consistent with chapter 161, Florida Statutes.
• Encourage local governments to participate in the National Flood Insurance M
Program Community Rating System to achieve flood insurance premium discounts U
for their residents. `o
r
r
M
2. Section 163.3175(9),Compatibility of Development with Military Installations(Chapter 2015- y
30,section 1, Laws of Florida). O
r
• Deletes obsolete provisions establishing 2012 deadlines for a local government to adopt Mn
plan amendments related to military base compatibility. 0
LU
3. Section 163.3177(6)(c)4.,Sanitary Sewer,Solid Waste,Drainage, Potable Water,and Natural
Groundwater Aquifer Recharge Element(Chapter 2015-30,section 2, Laws of Florida). E
• Provides that a local government that does not own,operate,or maintain its own water M
r
supply facilities and is served by a public water utility with a permitted allocation of
greater than 300 million gallons per day is not required to amend its comprehensive
plan in response to an updated regional water supply plan or maintain a work plan if the
local government's usage of water is less than 1 percent of the public water utility's
total permitted allocation.
61
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
• The local government must cooperate with any local government or utility provider that
provides service within its jurisdiction.
• The local government must keep the element up to date in accordance with section
163.3191 (evaluation and appraisal).
4. Section 163.3184(2),Comprehensive Plan/Plan Amendment Procedures(Chapter 2015-30,
section 3, Laws of Florida)
• The list of plan amendments subject to the coordinated state review process is
expanded to include plan amendments that propose an amendment to an adopted LU
sector plan and plan amendments that propose a development that qualifies as a 0
development of regional impact pursuant to section 380.06, Florida Statutes.
r
r
5. Section 163.3245,Sector Plans(Chapter 2015-30,section 4, Laws of Florida).Amends the
section as follows: LU
r
• For both the long-term master plan and detailed specific area plans, provisions in the 04
a
04
Community Planning Act that are inconsistent with or are superseded by the planning
0
standards in sections 163.3245(3)(a)and (b)do not apply.
• Conservation easements may be based on digital orthophotography that meets certain o
criteria. CL
• A conservation easement may include a provision for the grantor to substitute other
land that meets certain criteria by recording an amendment to the conservation
r
easement; substitution requires the consent of the grantee,which consent shall not be 0
r
unreasonably withheld (sections 163.3245(3)(b)7. and 9.).
• An applicant for a detailed specific area plan must transmit a copy of the application to
reviewing agencies,which must provide written comments to the local government M
within 30 days after the applicant transmits the application (section 163.3245(3)(f)).
• Authorizes the Department of Environmental Protection,the Fish and Wildlife
Conservation Commission,or the water management district to accept a conservation
easement provided for a detailed specific area plan as mitigation under chapters 373
and 379 and section 373.414, Florida Statutes(section 163.3245(3)(h)). y
• Clarifies that adoption of a long-term master plan or a detailed specific area plan does
not limit the right to establish new agricultural or silvicultural uses in the sector plan or LU
detailed specific area plan area (section 163.3245(9)).
• Provides that an applicant with an approved master development order may request
that the water management district issue a consumptive use permit for the same time
U
period as the approved master development order(section 163.3245(13)).
r
• The more specific provisions of this section supersede the generally applicable
provisions of this chapter which otherwise would apply.
• This section does not preclude a local government from requiring data and analysis
beyond the minimum criteria established by this section (section 163.3245(15)).
62
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
1986-2015
6. Section 163.3246(11)and (14),Local Government Comprehensive Planning Certification
Program—Connected-City Corridor Pilot Program[New] (Chapter 2015-30,section 5, Laws of
Florida)
• Deletes requirements for notice to and coordination by regional planning councils in
connection with developments of regional impact within a certified local government.
• Creates a connected-city corridor plan amendment pilot program.
• Expresses legislative intent to encourage growth of high-technology industry and
innovation through a locally controlled comprehensive plan amendment process.
• Establishes Pasco County as a pilot community for connected-city corridor plan LU
amendments for a period of 10 years. 0
• Requires the state land planning agency to issue a written notice of certification to
r
Pasco County by July 15,2015 that includes the geographic boundary of the connected-
city corridor and a requirement for annual or biennial monitoring reports.
• Provides that the notice of certification is subject to challenge under section 120.569. LU
04
• Establishes criteria for connected-city corridor plan amendments.
N
• Provides that except for site-specific access management requirements,development in o
the certification area is deemed to satisfy concurrency if the County adopts a long-term
transportation network plan and financial feasibility plan.
CL
• Provides an exemption from development of regional impact review. CL
• Requires that the Office of Program Policy Analysis and Government Accountability
provide a report and recommendations for implementing a statewide program to the
r
Governor, President of the Senate,and Speaker of the House by December 1,2024. o
N
7. Section 163.3248(4), Rural Land Stewardships(Chapter 2015-30,section 6, Laws of Florida)
M
• Deletes regional planning councils as entities that provide assistance and participate in
U
developing a plan for the rural land stewardship area.
0
r
r
r
y
0
r
Mn
uU
r
M
U
r
r
Q
63
K.6.c
Statutory Changes to the Community Planning Act
(Chapter 163, Part II, Florida Statutes):
2016-2020
o [Chapter -1 , section 13g L f Florida, effective y 10,
UJ
Chapter 2016-148g sections , Laws of Florida, effective July 1,
]
1. Section 163.3177(6)(a)11, Amendments to Future Land Use Element to Address Military Base
Compatibility (Chapter 2016-10, section 13, Laws of Florida)
• Deletes this obsolete subsection which required local governments to transmit
comprehensive plan updates or amendments to address compatibility of lands adjacent or >
2
closely proximate to existing military installations or lands adjacent to an airport to the
state land planning agency by June 30, 2012.
r9
2. Section 163.3175(7), Financial Reporting for Ex Officio Military Representatives on Local Boards
(Chapter 2016-148, section 2, Laws of Florida)
• Modifies this section to state that a representative of a military installation is not required
to file a statement of financial interest pursuant to section 112.3145, F.S., solely due to his
or her service on the local government's land planning or zoning board. c
0
3. Section 163.3184, Process for Adoption of Comprehensive Plans or Plan Amendments (Chapter y
2016-148, section 3, Laws of Florida) y
• Amends section 163.3184(2)(c) to modify the language pursuant to changes in section
380.06, F.S., to require state coordinated review of plan amendments that approve DRI LU
-
sized proposed developments; no substantive change.
• Adds subsection 163.3184(5)(e)3 to provide that when an administrative law judge issues E
an order recommending that a plan amendment be found in compliance, the
recommended order becomes the final order 90 days after issuance unless the state land
planning agency issues a final order finding the amendment in compliance, refers the
recommended order to the Administration Commission, or all parties consent in writing to
an extension of the 90-day period.
• Amends section 163.3184(7)(d), for plan amendment challenges that are subject to
mediation or expeditious resolution, to provide that when an administrative law judge
issues a recommended order finding an amendment in compliance, except where the
Packet Pg. 2228
K.6.c
parties agree or there are exceptional circumstances, the state land planning agency must
issue a final order within 45 days after issuance of a recommended order; and if the final
order is not issued in 45 days, the recommended order finding the amendment in
compliance becomes the final order.
4. Section 163.3245(1), Sector Plans (Chapter 2016-148, section 4, Laws of Florida)
• Modifies this section to reduce the minimum amount of total land area required for a
sector plan from 15,000 acres to 5,000 acres.
170 [None]
o [Chapter -3 , section 1, Laws of Florida, Effective March 1 Uj
g -
1 Chapter 2018-158 g sections 7g , and 1g Laws f Florida, Effective
CD
April 6, 2018.]
2
1. Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Act;
definitions (Chapter 2018-34, section 1, Laws of Florida)
• Amends the definition of"development" to exclude work by electric utility providers on
utility infrastructure on certain rights-of-way or corridors and the creation or termination
of distribution and transmission corridors.
2. Sections 163.3245(3)(e), (3)(e)6., and (3)(e)12., Sector Plans (Chapter 2018-158, section 7, Laws of
LN
Florida)
• Sector Plans, updated statutory cross references.
3. Sections 163.3246(11), (12), and (14), Local Government Comprehensive Planning Certification y
Program (Chapter 2018-158, section 8, Laws of Florida) —
• Local Government Comprehensive Planning Certification Program updated to delete
references to Development of Regional Impact Review.
4. Section 163.3164, Master Development Plan (Chapter 2018-158, section 21, Laws of Florida)
• Definitions, added a new definition of"master development plan" or "master plan" as
subsection (31) and renumbered subsequent sections.
o [Chapter -3g section 31, Laws of Florida, Effective July 3, 1 ;
Chapter 2019-106, section 1, Laws of Florida, Effective July 1, 1 Chapter
2019-144, section 1, Laws of Florida, Effective July 1, 2019, Chapter
Packet Pg. 2229
K.6.c
155, section g Laws of Florida, Effective July 1, 1 Chapter 1 -157,
section 11, Laws of Florida, Effective July 1, 2019- Chapter �� 5g sections
3-71, Laws of Florida, Effective June 28, 1 ]
1. Section 163.3177(6)(f), Required and Optional Elements of Comprehensive Plan; Studies and
Surveys (Chapter 2019-3, section 31, Laws of Florida)
• Updates statutory reference related to affordable workforce housing.
0
2. Section 163.31801, Impact Fees (Chapter 2019-106, section 1, Laws of Florida)
• Revises the title and subsection 163.31801(3) and adds subsections 163.31801(3)(e)
through (i) to amend the minimum requirements for the adoption of impact fees by
specified local governments and notes restrictions to the allowable uses of those impact
fees.
N
• Adds subsection 163.31801(6), which exempts water and sewer connection fees from the
Florida Impact Fee Act. >
2
3. Section 163.3175(2), Legislative Findings on Compatibility of Development with Military <
Installations; Exchange of Information Between Local Governments and Military Installations
(Chapter 2019-144, section 1, Laws of Florida)
• Relocates existing paragraphs (i) through (n) of subsection 163.3175(2) to be redesignated
as paragraphs (j) through (o).
• Adds new paragraphs (i) and (p) to subsection 163.3175(2) to specify additional military
installations that may exchange certain information with local governments regarding the c
0
compatibility of land development.
4. Section 163.3209, Electric Transmission and Distribution Line Right-Of-Way Maintenance
(Chapter 2019-155, section 2, Laws of Florida) y
• Deletes a provision that authorizes electric utilities to perform certain right-of-way tree
maintenance only if a property owner has received local government approval.
5. Section 163.3187(1)(b), Process for Adoption of Small-Scale Comprehensive Plan Amendment
(Chapter 2019-157, section 1, Laws of Florida)
• Removes subsection 163.3187(1)(b) that specifies the cumulative annual acreage
maximum of adopted small-scale comprehensive plan amendments.
6. Section 163.3167(3), Scope of Act (Chapter 2019-165, section 3, Laws of Florida)
• This subsection is amended to require the incorporation of development orders, existing
prior to the comprehensive plan, into comprehensive plans adopted after January 1, 2019.
Packet Pg. 2230
K.6.c
7. Section 163.3180, Concurrency (Chapter 2019-165, section 4, Laws of Florida)
• Amendments subsection 163.3180(5)(i) to clarify compliance requirements for a mobility
fee-based funding system.
• Revises subsection 163.3180(6)(h)2.b. to require a local government to credit certain
contributions, constructions, expansions, or payments toward any other impact fee or
exaction imposed by local ordinance for public educational facilities and provides the
requirements for the basis of that credit.
8. Section 163.31801, Impact Fees (Chapter 2019-165, section 5, Laws of Florida)
• Amends subsection 163.31801(3) to add minimum conditions that certain impact fees
must satisfy.
• Adds subsection 163.31801(4) to require local governments to credit against the collection
of an impact fee any contribution related to public education facilities.
• Adds subsection 163.31801(5) so that if a local government increases its impact fee rates
then the holder of impact fee credits is entitled to the full benefit of the intensity or
density of the credit balance as of the date it was established and renumbers subsequent c
subsections. >
2
• Amends renumbered subsection 163.31801(7) to provide that in certain actions, the
government has the burden of proving by a preponderance of the evidence that the �--
imposition or amount of certain required dollar-for-dollar credits for the payment of
impact fees meets certain requirements and prohibit the court from using a deferential c
0
standard for the benefit of the government.
• Adds subsection 163.31801(8) to authorize a local government to provide an exception or
waiver for an impact fee for the development or construction of affordable housing and in
doing such is not required to use any revenues to offset the impact. c
• Adds subsection 163.31801(9) to clarify that this section does not apply to water and
sewer connection fees.
Ln
9. Section 163.3202, Land Development Regulations (Chapter 2019-165, section 6, Laws of Florida)
• Adds paragraph (j) to subsection 163.3202(2) to require preexisting development orders to
be incorporated into local land development regulations.
10. Section 163.3215(8), Standing to Enforce Local Comprehensive Plans Through Development
Orders
(Chapter 2019-165, section 7, Laws of Florida)
• Amends subsection 163.3215(8)(a) to provide that either party is entitled to a certain
summary procedure in certain court proceedings.
• Adds subsection 163.3215(8)(b) clarifying how a court may find a summary procedure does
not apply.
Packet Pg. 2231
K.6.c
• Adds subsection 163.3215(8)(c) which provides that a prevailing party in a challenge to
certain development orders can be entitled to recover certain fees and costs.
0 [Chapter - g section 7g Laws of Florida, Effective May1 , ;
Chapter - 7, sections and 5, Laws of Florida, Effective July 1, ;
Chapter -5 , section 1, Laws of Florida, Effective July 1, ; Chapter
2020-122, section g Laws of Florida, Effective July 1, ; Chapter
150, section , Laws of Florida, Effective July 1, 1]
1. Section 163.3178, Coastal Management (Chapter 2020-2, section 27, Laws of Florida)
• Amends subsection 163.3178(2)(k) to update statutory references.
• Revises subsection 163.3178(8)(b) and (c) to remove outdated deadlines.
0
2. Section 163.31771, Accessory Dwelling Units (Chapter 2020-27, section 4, Laws of Florida)
• Amends subsections 163.31771(3) and (4) to remove the requirement that a local W
government must adopt an ordinance finding a shortage of affordable rentals in the
jurisdiction before allowing accessory dwelling units to be located in any area zoned for
single family residential use.
3. Section 163.31801, Impact Fees (Chapter 2020-27, section 5, Laws of Florida)
• Adds subsection 163.31801(10) and supporting paragraphs (a) through (e) to address the c
data on impact fee charges that must be reported in an annual financial report by a
county, municipality or special district. v,
0
4. Section 163.31801, Impact Fees (Chapter 2020-58, section 1, Laws of Florida) N
• Amends subsection 163.31801(3)(d) to specify that a new or increased impact fee may not
be charged to current or pending permit applications submitted before the effective date
of an ordinance or resolution imposing such an impact fee. E
• Amends subsection 163.31801(4) to clarify that a local government must provide credit
against the collection of an impact fee of any contribution related to public education
facilities regardless of any charter provision, comprehensive plan policy, ordinance, or
resolution.
• Adds subsection 163.31801(8) that sets forth the provisions by which impact fee credits
are assignable and transferable and renumbers subsequent subsections.
5. Section 163.3168, Planning Innovations and Technical Assistance (Chapter 2020-122, section 2,
Laws of Florida)
Packet Pg. 2232
K.6.c
• Adds subsection 163.3168(4) providing guidance to the state land planning agency when
selecting applications for technical assistance funding to give preference to counties with a
population of 200,000 or less, and to municipalities located within such counties, in
determining whether the area in and around a proposed multiuse corridor interchange as
described in Section 338.2278 contains appropriate land uses and protections and aiding in
amending a comprehensive plan to provide such appropriate land uses and protections.
6. Section 163.3180, Concurrency(Chapter 2020-150, section 28, Laws of Florida)
• Amends subsection 163.3180(2) to alter the governmental entity that approves onsite W
sewage treatment and disposal systems from the Department of Health to the Department
of Environmental Protection. a,
N
N
0
2
0
0
0
Ln
LU
Packet Pg. 2233
K.6.d
CHAPTER 2015-69
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 1094
An act relating to the peril of flood; amending s. 163.3178, F.S.; specifying
requirements for the coastal management element required for a local
government comprehensive plan; creating s. 472.0366, F.S.; defining
terms; requiring a surveyor and mapper to submit a copy of each elevation
certificate that he or she completes to the Division of Emergency
Management within a specified period beginning on a specified date;
authorizing the redaction of certain personal information from the copy;
amending s. 627.715, F.S.; authorizing flexible flood insurance; specifying
coverage requirements; deleting a provision that prohibits supplemental Uj
flood insurance from including excess coverage over any other insurance
covering the peril of flood; revising the information that must be
prominently noted on a certain page of a flood insurance policy; requiring
the Office of Insurance Regulation to require an insurer to provide an
appropriate credit or refund to affected insureds if the office determines
that a rate of the insurer is excessive or unfairly discriminatory; revising
the notice that must be provided to and acknowledged by an applicant for CL
flood coverage from an authorized or surplus lines insurer if the applicant's
property is receiving flood insurance under the National Flood Insurance
Program; allowing an authorized insurer to request a certification from the
office which indicates that a policy, contract, or endorsement issued by the
insurer provides coverage for the peril of flood which equals or exceeds the
flood coverage offered by the National Flood Insurance Program; specify-
CL
ing requirements for such certification; authorizing such insurer or its I
agent to reference or include the certification in specified advertising,
communications, and documentation; providing that misrepresenting that
a flood policy, contract, or endorsement is certified is an unfair or deceptive
act; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (f) of subsection (2) of section 163.3178, Florida ..
Statutes, is amended to read:
163.3178 Coastal management.—
(2) Each coastal management element required by s. 163.3177(6)(g) shall
be based on studies, surveys, and data; be consistent with coastal resource
plans prepared and adopted pursuant to general or special law; and contain:
(f) A redevelopment component that whieh outlines the principles that
must•r,h;,.h shall be used to eliminate inappropriate and unsafe development
in the coastal areas when opportunities arise. The component must:
1
CODING: Words strieken are deletions; words underlined ar
Packet Pg. 223774 ]
Ch. 2015-69 LAWS OF FLORIDA Ch. 201 K-6-d
1. Include development and redevelopment principles, strategies, and
engineering solutions that reduce the flood risk in coastal areas which results
from high-tide events, storm surge, flash floods, stormwater runoff, and the
related impacts of sea-level rise.
2. Encourage the use of best practices development and redevelopment
principles, strategies, and engineering solutions that will result in the
removal of coastal real property from flood zone designations established by
the Federal Emergency Management Agency.
3. Identify site development techniques and best practices that may
reduce losses due to flooding and claims made under flood insurance policies
issued in this state.
4. Be consistent with, or more stringent than, the flood-resistant
construction requirements in the Florida Building Code and applicable
flood plain management regulations set forth in 44 C.F.R. part 60.
5. Require that any construction activities seaward of the coastal
construction control lines established pursuant to s. 161.053 be consistent
with chapter 161.
L_
CL
6. Encourage local governments to participate in the National Flood CL
Insurance Program Community Rating System administered by the Federal
Emergency Management Agency to achieve flood insurance premium
discounts for their residents.
Section 2. Section 472.0366, Florida Statutes, is created to read:
472.0366 Elevation certificates; requirements for surveyors and map-
pers.— I
(1) As used in this section, the term:
(a) "Division"means the Division of Emergency Management established
within the Executive Office of the Governor under s. 14.2016. to
(b) "Elevation certificate" means the certificate used to demonstrate the
elevation of property which has been developed by the Federal Emergency
Management Agency pursuant to federal floodplain management regulation
and which is completed by a surveyor and mapper.
(2) Beginning January, 2017, a surveyor and mapper shall, within 30 U
days after completion, submit to the division a copy of each elevation
certificate that he or she completes. The copy must be unaltered, except that
the surveyor and mapper may redact the name of the property owner.
Section 3. Section 627.715, Florida Statutes, is amended to read:
627.715 Flood insurance.—An authorized insurer may issue an insur-
ance policy, contract, or endorsement providing personal lines residential
2
CODING: Words strieken are deletions; words underlined are a
Packet.Pg. 2235
Ch. 2015-69 LAWS OF FLORIDA Ch.
coverage for the peril of flood on any structure or the contents of personal
property contained therein, subject to this section. This section does not
apply to commercial lines residential or commercial lines nonresidential
coverage for the peril of flood. This section also does not apply to coverage for
the peril of flood that is excess coverage over any other insurance covering the
peril of flood. An insurer may issue flood insurance policies, contracts, or
endorsements on a standard, preferred, customized, or supplemental basis.
(1)(a)1. Standard flood insurance must cover only losses from the peril of
flood, as defined in paragraph (b), equivalent to that provided under a
standard flood insurance policy under the National Flood Insurance
Program. Standard flood insurance issued under this section must provide
the same coverage, including deductibles and adjustment of losses, as that
provided under a standard flood insurance policy under the National Flood
Insurance Program.
2. Preferred flood insurance must include the same coverage as standard
flood insurance but:
a. Include, within the definition of "flood," losses from water intrusion
originating from outside the structure that are not otherwise covered under
the definition of"flood" provided in paragraph (b).
CL
CL
b. Include coverage for additional living expenses.
c. Require that any loss under personal property or contents coverage
that is repaired or replaced be adjusted only on the basis of replacement costs
up to the policy limits.
3. Customized flood insurance must include coverage that is broader
CL
than the coverage provided under standard flood insurance. I
4. Flexible flood insurance must cover losses from the peril of flood, as
defined in paragraph(b), and may also include coverage for losses from water
intrusion originating from outside the structure which is not otherwise
r
covered by the definition of flood. Flexible flood insurance must include one
or more of the following provisions:
a. An agreement between the insurer and the insured that the flood
coverage is in a specified amount, such as coverage that is limited to the total
amount of each outstanding mortgage applicable to the covered property.
b. A requirement for a deductible in an amount authorized under s. U
627.701, including a deductible in an amount authorized for hurricanes.
c. A requirement that flood loss to a dwelling be adjusted in accordance
with s. 627.7011(3) or adjusted only on the basis of the actual cash value of
the property.
d. A restriction limiting flood coverage to the principal building defined
in the policy.
3
CODING: Words semen are deletions; words underlined ar
Packet Pg. 2236
Ch. 2015-69 LAWS OF FLORIDA Ch. 201 K-6-d
e. A provision including or excluding coverage for additional living
expenses.
f. A provision excluding coverage for personal property or contents as to
the peril of flood.
5.4 Supplemental flood insurance may provide coverage designed to
supplement a flood policy obtained from the National Flood Insurance
Program or from an insurer issuing standard or preferred flood insurance
pursuant to this section. Supplemental flood insurance may provide, but
need not be limited to, coverage for jewelry, art, deductibles, and additional
living expenses. Supplemental flood insuranee does not inelude eoverage for
peril of flood.
(b) "Flood" means a general and temporary condition of partial or
complete inundation of two or more acres of normally dry land area or of
two or more properties, at least one of which is the policyholder's property,
from:
1. Overflow of inland or tidal waters;
2. Unusual and rapid accumulation or runoff of surface waters from any CL
CL
source;
3. Mudflow; or
4. Collapse or subsidence of land along the shore of a lake or similar body
of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels that result in a flood as defined in
this paragraph. CL
(2) Any limitations on Flood coverage deductibles and or policy limits
pursuant to this section,including, but not limited to,deductibes must be I
prominently noted on the policy declarations page or face page.
r
(3)(a) An insurer may establish and use flood coverage rates in
accordance with the rate standards provided in s. 627.062.
(b) For flood coverage rates filed with the office before October 1, 2019,
the insurer may also establish and use such rates in accordance with the
rates, rating schedules, or rating manuals filed by the insurer with the office
which allow the insurer a reasonable rate of return on flood coverage written
in this state. Flood coverage rates established pursuant to this paragraph are
not subject to s. 627.062(2)(a) and (f). An insurer shall notify the office of any
change to such rates within 30 days after the effective date of the change. The
notice must include the name of the insurer and the average statewide
percentage change in rates. Actuarial data with regard to such rates for flood
coverage must be maintained by the insurer for 2 years after the effective
date of such rate change and is subject to examination by the office. The office
may require the insurer to incur the costs associated with an examination.
4
CODING: Words strieken are deletions; words underlined are a
Packet Pg. 2237
Ch. 2015-69 LAWS OF FLORIDA Ch.
Upon examination, the office, in accordance with generally accepted and
reasonable actuarial techniques, shall consider the rate factors in s.
627.062(2)(b), (c), and (d), and the standards in s. 627.062(2)(e), to determine
if the rate is excessive, inadequate, or unfairly discriminatory. If the office
determines that a rate is excessive or unfairly discriminatory, the office shall
require the insurer to provide appropriate credit to affected insureds or an
appropriate refund to affected insureds who no longer receive coverage from
the insurer. .
(4) A surplus lines agent may export a contract or endorsement providing
flood coverage to an eligible surplus lines insurer without making a diligent
effort to seek such coverage from three or more authorized insurers under s.
626.916(1)(a). This subsection expires July 1, 2017.
(5) In addition to any other applicable requirements, an insurer provid-
ing flood coverage in this state must:
(a) Notify the office at least 30 days before writing flood insurance in this
state; and
(b) File a plan of operation and financial projections or revisions to such
plan, as applicable, with the office.
CL
CL
(6) Citizens Property Insurance Corporation may not provide insurance
for the peril of flood.
(7) The Florida Hurricane Catastrophe Fund may not provide reim-
bursement for losses proximately caused by the peril of flood, including losses 455
that occur during a covered event as defined in s. 215.555(2)(b).
CL
(8) An agent must, upon receiving obtaining an application for flood 1
coverage from an authorized or surplus lines insurer for a property receiving
flood insurance under the National Flood Insurance Program, must obtain 1
an acknowledgment signed by the applicant before placing the coverage with 05,
the authorized or surplus lines insurer. The acknowledgment must notify the
applicant that, if the applicant discontinues coverage under the National
Flood Insurance Program which is provided at a subsidized rate,the full risk 041
rate for flood insurance may apply to the property if the applicant sueh
insuranee is later seeks to reinstate coverage obtained under the "T �
Flood ins ra,- ee program.
(9) With respect to the regulation of flood coverage written in this state by
authorized insurers, this section supersedes any other provision in the
Florida Insurance Code in the event of a conflict.
(10) If federal law or rule requires a certification by a state insurance
regulatory official as a condition of qualifying for private flood insurance or
disaster assistance, the Commissioner of Insurance Regulation may provide
the certification, and such certification is not subject to review under chapter
120.
5
CODING: Words strieken are deletions; words underlined ar
Packet Pg. 2238
Ch. 2015-69 LAWS OF FLORIDA Ch. 201 K-6-d
(11)(a) An authorized insurer offering flood insurance may request the
office to certify that a policy, contract, or endorsement provides coverage for
the peril of flood which equals or exceeds the flood coverage offered by the
National Flood Insurance Program. To be eligible for certification, such
policy, contract, or endorsement must contain a provision stating that it
meets the private flood insurance requirements specified in 42 U.S.C. s.
4012a(b) and may not contain any provision that is not in compliance with 42
U.S.C. s. 4012a(b).
(b) The authorized insurer or its agent may reference or include a
certification under paragraph (a) in advertising or communications with an
agent, a lending institution, an insured, or a potential insured only for a
policy, contract, or endorsement that is certified under this subsection. The
authorized insurer may include a statement that notifies an insured of the
certification on the declarations page or other policy documentation related
to flood coverage certified under this subsection.
(c) An insurer or agent who knowingly misrepresents that a flood policy,
Vm
contract, or endorsement is certified under this subsection commits an unfair
or deceptive act under s. 626.9541.
Section 4. This act shall take effect July 1, 2015.
CL
CL
Approved by the Governor May 21, 2015.
Filed in Office Secretary of State May 21, 2015.
CL
6
CODING: Words strieken are deletions; words underlined are a
Packet.Pg. 2239
K.6.e
CHAPTER 2018-34
House Bill No. 405
An act relating to linear facilities; amending s. 163.3221, F.S.; revising the
definition of the term "development" to exclude work by certain utility
providers on utility infrastructure on certain rights-of-way or corridors;
revising the definition to exclude the creation or termination of distribu-
tion and transmission corridors; amending s. 380.04, F.S.; revising the
definition of the term "development" to exclude work by certain utility
providers on utility infrastructure on certain rights-of-way or corridors;
revising the definition to exclude the creation or termination of distribu-
tion and transmission corridors; amending s. 403.511, F.S.; requiring the
consideration of a certain variance standard when including conditions for
the certification of an electrical power plant; clarifying that the Public 455
Service Commission has exclusive jurisdiction to require underground
transmission lines; amending s. 403.531, F.S.; requiring the consideration
of a certain variance standard when including conditions for the
CL
certification of a proposed transmission line corridor; clarifying that the
Public Service Commission has exclusive jurisdiction to require under-
ground transmission lines; providing an effective date.
CL
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (b) of subsection (4) of section 163.3221, Florida
Statutes, is amended to read:
163.3221 Florida Local Government Development Agreement Act;
ro-
definitions.—As used in ss. 163.3220-163.3243: -
(4) "Development" means the carrying out of any building activity or 400
mining operation, the making of any material change in the use or i
appearance of any structure or land, or the dividing of land into three or
more parcels. i
r
(b) The following operations or uses shall not be taken for the purpose of 00
this act to involve "development":
i
1. Work by a highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the work is
carried out on land within the boundaries of the right-of-way.
2. Work by any utility and other persons engaged in the distribution or 5
transmission of gas; electricity, or water, for the purpose of inspecting,
repairing, or renewing on established rights-of-way or corridors, or con-
structing on established or to be established rights-of-way or corridors, any
sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks, or the like.
1
CODING: Words strieken are deletions; words underlined ar,
Packet Pg. 2240
Ch. 2018-34 LAWS OF FLORIDA Ch. 201 K-6-e
3. Work for the maintenance, renewal, improvement, or alteration of any
structure, if the work affects only the interior or the color of the structure or
the decoration of the exterior of the structure.
4. The use of any structure or land devoted to dwelling uses for any
purpose customarily incidental to enjoyment of the dwelling. -
5. The use of any land for the purpose of growing plants, crops, trees, and
other agricultural or forestry products; raising livestock; or for other
agricultural purposes.
6. A change in use of land or structure from a use within a class specified
in an ordinance or rule to another use in the same class.
7. A change in the ownership or form of ownership of any parcel or
structure.
8. The creation or termination of rights of access, riparian rights,
easements, distribution and transmission corridors, covenants concerning
development of land, or other rights in land.
CL
CL
Section 2. Paragraphs (b) and (h) of subsection (3) of section 380.04,
Florida Statutes, are amended to read:
380.04 Definition of development.—
CL
(3) The following operations or uses shall not be taken for the purpose of
this chapter to involve "development" as defined in this section:
(b) Work by any utility and other persons engaged in the distribution or
transmission of gas, electricity, or water, for the purpose of inspecting,
repairing, or renewing on established rights-of-way or corridors, or con- ®_
structing on established or to be established rights-of-way or corridors, any _
sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks, or the like. This provision conveys no property interest and does not I
eliminate any applicable notice requirements to affected land owners.
(h) The creation or termination of rights of access, riparian rights,
i
easements, distribution and transmission corridors, covenants concerning 00
development of land, or other rights in land.
Section 3. Paragraph (b) of subsection (2) and subsection (4) of section i
403.511, Florida Statutes, are amended to read:
403.511 Effect of certification.—
(2)
(b)1. Except as provided in subsection (4), and in consideration of the
standard for granting variances pursuant to s. 403.201, the certification may
include conditions which constitute variances, exemptions, or exceptions
from nonprocedural requirements of the department or any agency which
2
CODING: Words strieken are deletions; words underlined are a
Packet Pg. 2241
Ch. 2018-34 LAWS OF FLORIDA Ch.
were expressly considered during the proceeding, including, but not limited
to, any site specific criteria, standards, or limitations under local land use
and zoning approvals which affect the proposed electrical power plant or its
site, unless waived by the agency and which otherwise would be applicable to
the construction and operation of the proposed electrical power plant.
2. No variance, exemption, exception, or other relief shall be granted
from a state statute or rule for the protection of endangered or threatened
species, aquatic preserves, Outstanding National Resource Waters, or
Outstanding Florida Waters or for the disposal of hazardous waste, except
to the extent authorized by the applicable statute or rule or except upon a
finding in the certification order that the public interests set forth in s.
403.509(3) in certifying the electrical power plant at the site proposed by the
applicant overrides the public interest protected by the statute or rule from
which relief is sought.
(4) This act shall not affect in any way the Public Service Commission's
ratemaking powers or its exclusive jurisdiction to require transmission lines
to be located underground of the ublie ServiEe Comm=ssi under chapter
366; nor shall this act in any way affect the right of any local government to
charge appropriate fees or require that construction be in compliance with
applicable building construction codes.
Section 4. Paragraph (b) of subsection (2) and subsection (4) of section
403.531, Florida Statutes, are amended to read: CL
403.531 Effect of certification.—
(2)
(b) In consideration of the standard for granting variances pursuant to s.
403. 0.1, the certification may include conditions that constitute variances
and exemptions from nonprocedural standards or rules of the department or
any other agency which were expressly considered during the certification i
review unless waived by the agency as provided in s. 403.526 and which
otherwise would be applicable to the location of the proposed transmission
line corridor or the construction, operation, and maintenance of the
transmission lines.
00
(4) This act does not in any way affect the commission's ratemaking
powers or its exclusive jurisdiction to require transmission lines to be located
underground of the eemmission under chapter 366. This act does not in any
way affect the right of any local government to charge appropriate fees or
require that construction be in compliance with the National Electrical
Safety Code, as prescribed by the commission.
Section 5. This act shall take effect upon becoming a law.
Approved by the Governor March 19, 2018.
Filed in Office Secretary of State March 19, 2018.
3
CODING: Words strieken are deletions; words underlined ar,
Packet Pg. 2242
K.6.f
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe r�l Mayor Heather Carruthers,District 3
Keys Mayor
The Florida � - Mayor Pro Tem Michelle Coldiron,District 2
'` �ql
l €d� Craig Cates,District 1
\J? V,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: H.5
Agenda Item Summary #6735
N
CD
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
0
76
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 >
11:00 AM Requested
e(
AGENDA ITEM WORDING: Presentation to the Monroe County Board of County
Commissioners on the Florida Department of Environmental Protection Resilient Coastlines a
Program Grant to Update and Reorganize Elements of the Monroe County Comprehensive Plan to -�
Incorporate Climate Change-Related Vulnerability and Adaptation Information and to Address
Recently Enacted "Peril of Flood" Legislation Under Chapter 163, Florida Statutes.
c
c
ITEM BACKGROUND:
The Florida Department of Environmental Protection ("FDEP") awarded Monroe County a Resilient 0
Coastlines Program Grant to update and reorganize elements of the Monroe County Comprehensive ,
Plan to incorporate vulnerability and adaptation information,primarily in the County Comprehensive CL
Plan's Conservation and Coastal Management Element. This grant's scope of work continues
Monroe County's historical efforts to increase the County's resiliency through Comprehensive Plan LO
amendments to: Z:
N
1) Address recent "Peril of Flood" state legislation through organizational and text amendments;
and Ni
2) To prepare updates to one or more Comprehensive Plan Elements to incorporate the County's Li
past county-wide vulnerability work that includes but is not limited to:
• An initial vulnerability assessment; 2
• A pilot road elevation analysis;
• A set of interim road elevation design criteria; and 2
Recent NOAA-funded Hazus modeling.
Task 1. Gap Analysis to Support Future Amendments to the Monroe County Comprehensive
Plan.
Data gaps (and related data needs) must be identified in order to update and reorganize elements of
the Comprehensive Plan to incorporate vulnerability and adaptation information, primarily in the
Comprehensive Plan's Conservation and Coastal Management Element. Two questions that must be
successfully resolved in order to furnish sound bases for such Comprehensive Plan amendments
moving forward are "First, what do we have?" and "Second, what do we need?" Monroe County has
Packet Pg. 2243
so far completed extensive work in its GreenKeys planning efforts, has gathered county-wide mobile
LiDAR, has updated its modeling using Hazus, and has commenced a county-wide adaptation and
vulnerability analysis of roads. Analysis of all of these data-sets will be critical to developing the
County's policy priorities in future Monroe County Comprehensive Plan amendments addressing
recent "Peril of Flood" legislation under Chapter 163, Florida Statutes. Ultimately, a single
deliverable under this task will include providing a "Gap Memorandum" identifying current and
needed data necessary for these expected future amendments to the Monroe County Comprehensive
Plan's Conservation and Coastal Management Element. a�
Task 2. Draft Amendments to the Monroe County Comprehensive Plan, Including But Not
Limited to Addressing the State's Recently Enacted "Peril of Flood" Legislation.
This task includes a review of the 2030 Monroe County Comprehensive Plan to formulate a strategy
to develop future Comprehensive Plan amendments to address recent "Peril of Flood" legislation c
under Chapter 163, Florida Statutes. Monroe County has already accomplished much with the
adoption of its Energy and Climate Element into the County Comprehensive Plan, all of which pre-
dated the state's recently enacted "Peril of Flood" legislation. Monroe County's GreenKeys Climate C
and Sea Level Rise Plan was adopted around that same time, and Monroe County has since then
commenced several vulnerability and data initiatives geared toward developing County policy
priorities accounting for the warming of global surface temperatures and resulting rising seas being E
wrought by climate change. Monroe County is, via this grant's scope of work, seeking to
significantly update its Comprehensive Plan, particularly within the Comprehensive Plan's
Conservation and Coastal Management Element, to address recent state "Peril of Flood" legislation
under Chapter 163, Florida Statutes, as well as to reorganize Monroe County's Goals, Objectives,
and Policies related to climate change's effects and impacts of warming the planet and raising the -
sea level
CL
Task 3. Internal and External Engagement with Regional Collaboration.
The grant's scope of work includes internal, external, and regional engagement components that will 'a
LO
ensure internal vetting as well as strong public involvement. After the initial draft of such i
amendments, a public workshop series will be undertaken, in three (3) locations in the Upper,
Middle, and Lower Keys, in order to maximize public involvement opportunities. A Board of
County Commissioners briefing will also occur during the engagement process, in order to provide N
an additional opportunity for public input. L0
c
The public meetings originally scheduled for March 171h 181h and 23rd, were all postponed due to 2
2
executive orders and emergency orders and directives issued in the wake of the ongoing COVID-19
pandemic, and will be rescheduled to a later date. 2
This briefing shall satisfy the BOCC briefing requirement of this grant.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
Packet Pg. 2244
DOCUMENTATION:
Task 1 Gap Analysis FINAL
Task 2.1 Review Memorandum FINAL 102419
Task 2.2 Coastal and Conservation Element POF Amend 120919 0
c
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
N
Total Dollar Value of Contract: c
Total Cost to County:
Current Year Portion:
Budgeted: <
Source of Funds: N
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount: 0
Grant: c
U-
County Match:
Insurance Required: N/A
CL
Additional Details:
NONE
LO
i
cv
cv
REVIEWED BY:
Emily Schemper Completed 04/29/2020 11:29 AM L01
Assistant County Administrator Christine Hurley Completed 2r-
1
04/29/2020 1:47 PM
Peter Morris Completed 04/30/2020 9:14 AM
Purchasing Completed 04/30/2020 9:17 AM
Budget and Finance Completed 04/30/2020 10:06 AM
Maria Slavik Completed 04/30/2020 11:19 AM
Kathy Peters Completed 04/30/2020 4:58 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
Packet Pg. 2245
�(e
K.6.f
To: Michael Roberts, CEP, PWS, Assistant Director/Environmental Resources
Monroe County, Florida
From: Erin Deady, Esq., Project Manager
Rachel A. Streitfeld, Esq.
0
Re: Monroe County, Gap Analysis to Support Comprehensive Plan Amendments
Memorandum, Deliverables C.1-2
Date: September 25, 2019
cv
cv
4-
1. Executive Summary c
2
Pursuant to Deliverable C.1-2, this Gap Analysis memorandum identifies existing and
needed data to support future amendments to the Monroe County(County)Comprehensive Plan <
for consistency with Section 163.3178(2)(f), Fla. Stat. (Peril of Flood Law). The Gap Analysis is
intended to guide the development of Comprehensive Plan amendment language and support
materials. Analysis of existing data and identification of data gaps will inform development of
existing Goals, Objectives, and Policies within the Comprehensive Plan (GOPs) and creation of
new GOPs to ensure compliance with the Peril of Flood Law.
c
c
This Gap Analysis provides an overview of the Peril of Flood Law, as well as an analysis of
existing Comprehensive Plan language that addresses the statutory section, and recommends
revisions to the Comprehensive Plan to ensure consistency with the Peril of Flood Law.
CL
U. The Peril of Flood Law
LO
Section 163.3178(2)(f), Fla. Stat. was amended in 2015 (known as the "Peril of Flood
cv
CD
legislation"and referred to herein as the"Peril of Flood Law")to protect coastal resources against NI
sea-level rise and other climate change-related impacts. The Florida legislature codified its intentCD
in passing the Peril of Flood Law in §163.3178(1):
c
"The Legislature recognizes there is significant interest in the resources of the
coastal zone of the state. Further, the Legislature recognizes that, in the event of y
a natural disaster, the state may provide financial assistance to local governments
for the reconstruction of roads, sewer systems, and other public facilities.
Therefore, it is the intent of the Legislature that local government comprehensive
ca
plans restrict development activities where such activities would damage or
destroy coastal resources, and that such plans protect human life and limit public
expenditures in areas that are subject to destruction by natural disaster."
The Peril of Flood Law increases awareness among local governments of the potential
economic impacts from flooding and compels planning for same through the development and
1
I Packet Pg. 2246
�(e
K.6.f
implementation of comprehensive plan policies in Coastal Management Elements.' Coastal
Management Elements must be revised to include principles and best practices for eliminating
certain development in coastal areas and reducing exposure of the built environment to current
and future flooding. Coastal Management Elements must now:
1. Include development and redevelopment principles, strategies,and engineering solutions
2-
that reduce the flood risk in coastal areas which results from high-tide events, storm
surge, flash floods, stormwater runoff, and the related impacts of sea-level rise (SLR).
2. Encourage the use of best practices development and redevelopment principles,
strategies, and engineering solutions that will result in the removal of coastal real
property from flood zone designations established by the Federal Emergency
Management Agency. >
2
3. Identify site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies issued in this state.
4. Be consistent with, or more stringent than,the flood-resistant construction requirements
in the Florida Building Code and applicable flood plain management regulations set forth
in 44 C.F.R. part 60.
c
c
5. Require that any construction activities seaward of the coastal construction control lines
4-
established pursuant to s. 161.053 be consistent with chapter 161. c
CL
6. Encourage local governments to participate in the National Flood Insurance Program
Community Rating System administered by the Federal Emergency Management Agency
to achieve flood insurance premium discounts for their residents.2 '
i
N
111. Adaptation Action Areas to be Developed as an Existing Policy
i
cv
Pursuant to Section 163.3164(1), Fla. Stat. and Section 163.3177(6)(g)(10), Fla. Stat.,
Monroe County created a Policy that within five (5) years of adoption of the April 2016
Comprehensive Plan staff would identify criteria to define adaptation actions areas (AAA) or a
similar concept and propose locations for AAAs. An AAA is an optional comprehensive plan
designation for areas that experience coastal flooding and that are vulnerable to the related
impacts of rising sea levels for the purpose of prioritizing funding for infrastructure and
p g p p p g g
adaptation planning.
1 Coastal Management Elements are required by§163.3177(6)(g), Fla.Stat.
z See§163.3178(2)(f), Fla.Stat.
2
1 Packet Pg. 2247
�(e
K.6.f
IV. Monroe County Comprehensive Plan
Monroe County's operative Comprehensive Plan was adopted through Ordinance No.
005-2016 on April 13, 2016 by the Board of County Commissioners. It contains fifteen elements,
including an "Energy and Climate" Element. The addition of the "Energy and Climate" Element
in the Comprehensive Plan was part of the County's response to the identification of "Climate
Change and Hazard Mitigation" as a "Major Issue" in the County's 2012 Evaluation and Appraisal
Report. 3 GOPS addressing climate change, sea-level rise, hazard mitigation, and energy
consumption were added to the 2013 Comprehensive Plan in Elements including, but not limited
to, the "Energy and Climate" Element. cv
0
These GOPS addressing climate issues, inclusive of flooding, are located primarily in the
"Conservation and Coastal Management" Element and the "Energy and Climate Element" and,
to a lesser extent, in the "Future Land Use," "Traffic Circulation," "Drainage," "Natural <
Groundwater Aquifer Recharge," and "Capital Improvements" Elements.'
V. Available Data since last Comprehensive Plan adoption on 2013(2016?)
A. Unified Sea Level Rise Projection
c
c
Monroe County is a founding member of the South Florida Regional Climate Change
Compact (Compact). The Compact's Sea Level Rise Work Group develops an updated Unified Sea
Level Rise Projection ("Projection") on a regular basis keeping current with developing scientific
CL
trends. The Projection is a regionally-accepted prediction of sea-level rise utilized for planning
purposes, to aid in understanding vulnerabilities, and to provide a basis for developing risk-
LO
informed adaptation strategies. It is consistent with current guidance from two federal agencies,
the ACOE and NOAA, as well as the global average adopted b the Intergovernmental Panel on
g g p Y g
Climate Change (IPCC) and can be used to meet the requirements for the Peril of Flood Law. i
N
Initially released by the Compact in 2011, the Projection was updated in 2015 based on LO
new global data in the IPCC's 5th Assessment Report, historic tide gauges, and new guidance
documents and studies. The Projection baseline year changed from 2010 to 1992. The Projection
was also extended to 2100 in recognition of the need for longer-range guidance for major y
infrastructure and other capital investments. The extension of the Projection to 2100 conforms
to the requirements for sea-level rise modeling set forth by FEMA for participation in the National
ca
Keith and Schnars, P.A., "Monroe County Comprehensive Plan Update: Evaluation and Appraisal Report", (May
2012).
4 A list of directly relevant GOPS can be found in Appendix A.The operative Monroe County Comprehensive Plan can
be viewed online at https://www.monroecounty-fl.gov/DocumentCenter/View/4606Z2030-MC-Comp-Plan-
revision-3?bidId=.
3
I Packet Pg. 2248
�(e
K.6.f
Flood Insurance Program's (NFIP) Community Rating System (CRS). The result of those changes
(as compared to the 2011 Projection) is one additional inch of sea-level rise by 2030 and three
additional inches by 2060. The baseline year shifting eighteen years earlier explains these
increases.
This year, the Compact's Staff Steering Committee, along with a technical advisory
2-
committee,will begin updating the projection based on current and best available peer-reviewed °'
scientific data, with the intent to publish the updated projection in 2020.
B. GreenKeys! Update, June 2019
cv
cv
Published in June 2016 and updated in June 2019, the Monroe County GreenKeys! Plan
(GreenKeys!) addresses climate change, sustainability, adaptation, and sea-level rise. >
GreenKeys! is a science- and data-based planning tool that provides a blueprint for all of the
County's efforts on these issues. The plan provides guidance to increase sustainability and
resilience throughout the Keys. The data sets and tools that informed the recommendations in
the GreenKeys Plan and its 2019 Update also provide much of the data required to comply with
Florida's Peril of Flood Law.
The 2019 Update to GreenKeys! reflects the substantial work that has been done since its
initial publication in 2016, as well as the County's commitment to obtaining the best available
data and ongoing assessments. In terms of gathering information, developing methodology, and
4-
actual project implementation, the County has an abundance of knowledge and experience to c
support its actions and decisions going forward. In the area of infrastructure in particular, the
CL
County prioritized projects and studies with a focus on data gathering, facilities adaptation and
roads. State and Federal agencies have also conducted studies in the Keys. These studies are
briefly described below. LO
i
N
• Through a pilot project that studied the cost and impact of multiple roadway improvement
technologies to reduce flood impacts, the County was able to develop an objective
N
methodology for assessing all 311 miles of its roadways.' LOi
c
• The Florida Department of Transportation recently conducted a vulnerability analysis of the
road bed vulnerability for U.S. Highway 1 (US1).6 y
s The Monroe County Pilot Roads Project in the"Sands"and"Twin Lakes"Communities was a multi-step project that
included numerous public meetings and opportunities for stakeholder feedback. The project team began by
collecting historical flood data and analyzing future sea-level rise projections, using this information to develop m
numerous future scenarios. Cost estimates were then developed, as well as design alternatives for stormwater
management and elevation. The process yielded a methodology that can be implemented in all County roadway
planning going forward.
a Florida Department of Transportation, "Study of Roadway Base Clearance forState Roads in Monroe County Phase
I-GIS Screening Report", November,2018.
4
1 Packet Pg. 2249
�(e
K.6.f
• The Army Corps of Engineers (ACOE) initiated a Coastal Risk Management Study to be
completed by 2021.
• The County has initiated a Countywide Roads and Stormwater planning process to be
completed by 2021 that will result in a capital improvements schedule for short, medium and
long-range implementation. c
The County is working with many partner agencies at the State and Federal levels to
aggressively pursue funding for resilience and sustainability activities. It has already acquired
multiple grants to continue improving the data that advises County staff and contractors on
priority infrastructure investments including, but not limited to a grant through NOAA to produce
a Hazus-MH model for County-wide risks from various types of natural disasters. The County has c
also (on its own) developed a dataset of substantially improved elevation data with new mobile >
2
light detection and ranging (LiDAR) technology (described more fully in the next section).
The County has also completed resiliency improvements at some of its parks and critical
facilities. Each of the projects described below provide additional value to the County in terms
of lessons learned and finessing of process, as well as developing and improving data-based
methodologies. E
• Harry Harris Park Adaptation: This project included a vulnerability analysis of the waterfront
park in Key Largo with ballfields, basketball courts, picnic areas, and a boat ramp.
Improvements to the boat ramp as well as restoration of the park's shoreline and piers were
considered to reduce neighborhood flooding. CL
• Bayshore Manor Adaptation:Through a grant from the Florida Department of Environmental
LO
Protection (FDEP),the County developed a method to quantify potential critical facility losses =i
from coastal flooding exacerbated by sea-level rise.?
N
i
• Stock Island Fire Station Redevelopment:The County increased the first-floor elevation by 1.5 C44i
feet above what existing land development regulations required. The new fire station is a LO i
"Florida Green Commercial Building," certified by the Florida Green Building Coalition: it
conserves water and is energy efficient.'
The Facility Vulnerability Approach for the Bayshore Manor project assessed a County-owned assisted living facility
as a pilot to develop a tool that enables analysis of critical County facilities to the year 2100. The year 2100 project CO
horizon can be applied to existing or proposed facilities going forward,allowing for a consideration of damages and
losses as a design requirement. This analysis can be incorporated into an asset management program to evaluate
the timeframes of all County buildings for capital planning.
U
s The redeveloped Stock Island Fire Station also provides alternatives to vehicular transportation, such as bike
storage, showers, and changing rooms, as well as parking for alternative fuel and high-occupancy vehicles. It is
designed to be 42%more efficient than required by the Florida Building Code and 75%of its power needs are met
through green power purchase agreements. It has a rainwater collection system,delivering 100%of irrigation needs
5
I Packet Pg. 2250
�(e
K.6.f
• Bernstein Park Elevation: Six acres of the park were elevated up to two feet to address
flooding after heavy rain and high tides. Stormwater retention was also improved at the site.
C. Countywide Roads Mobile UDAR Data (completion 2019-2021)
0
The County recently gathered detailed elevation data for County-maintained roads using
mobile LiDAR (currently being finalized, anticipated late 2019). LiDAR, which stands for light
detection and ranging, is a remote sensing method that surveys the earth, measuring distance to
a target by illuminating the target with pulsed laser light and measuring the reflected pulses with
a sensor. This project provided the County with specific elevation data for all 311 miles of County-
maintained roads that will be used in assessing vulnerability. The previous Sea Level Rise
Vulnerability Assessment completed for GreenKeys relied on Florida Division of Emergency
Management 2007-2008 elevation data because it was the most comprehensive set of elevation
data available at that time. This updated elevation data will be used in the Countywide Roads
and Stormwater analysis as well as future vulnerability assessments. Eventually the Countywide
Roads and Stormwater analysis could include specific recommendations and GOPS for road
adaptations for the next five, ten, fifteen, twenty, and twenty-five years for the vulnerable
segments of roadways with potential options for years 2060 and 2100. The improvement in data
accuracy will enable engineers and planners to identify roads subject to near-term flooding and
to strategically develop road design plans based on exposure.
4-
D. NOAA Hazus grant c
CL
The County joined study areas in Florida, Georgia, and the Carolinas in a grant funded by
NOAA. The three-year grant program (2016-2019) established regional best practices employing
data, hazard assessments, and community engagement results for local hazard planning, policy, '
and legal frameworks building capacity to address coastal risks. Examples of datasets include
N
digitization of building footprints and archival elevation certificates:the County has a Geographic
Information Systems ("GIS") department that digitized all of the available Elevation Certificates
for both private residences and public facilities in the unincorporated areas of the County. This
site-and structure-specific information improves the accuracy of damage cost assessments made
by Hazus, a regional multi-hazard loss estimation model developed by FEMA and the National
Institute of Building Sciences. y
The Hazus tool was used to develop damage assessments for 100-Year storm surge
flooding scenarios on over 37,000 properties with detailed parcel-level characteristics.
Characteristics included 2014 assessed valuations across the County and associated
municipalities, as well as over 4,000 structures in the unincorporated County with newly digitized
site-level Elevation Certificate data. These flooding scenarios included current 100-year flood
to "Florida Friendly" landscaping, was built with materials containing recycled content, and reduced "Heat Island
Effect"through the use of shaded areas and hardscapes that reflect sunlight.
6
I Packet Pg. 2251
�(e
K.6.f
heights under an assumption of existing sea level,the "Low"and "High" SLR projections for 2060,
as adopted by the Compact, and the NOAA Intermediate-High SLR scenario for 2100. The effort
also resulted in identification of at-risk stormwater structures. The County's efforts to improve
the utility of its data resulted in the the use of the Hazus model that allows different data sets to
speak to one another in the same language, allowing for ease of transition and use with various
models and applications.
E. Stormwater Drainage and Infrastructure Inventory
Monroe County's Public Works and Engineering Services, with assistance from NOAA
cv
grant funding, began a comprehensive and updated field inventory of County-owned stormwater
drainage infrastructure in June 2017. This inventory focused on stormwater structures that feed
into underground drainage systems or discharge stormwater into surface waters. Global >
positioning system ("GPS") devices were utilized to gather point location and field attribute data
for County-maintained stormwater infrastructure including catch basins, injection wells,
manholes, trench drains, and pipe outfalls.
Data was collected and a robust Stormwater Management GIS dataset was created. From
this dataset a priority list was developed for pipe outfalls with high-quality point elevation data.
Priorities were further refined to include County staff's knowledge as well as public complaints
of nuisance flooding.
The high-quality, extremely precise data for those priority outfalls were incorporated into c
the Stormwater Management GIS. Bare ground elevation estimates for twenty-one additional
CL
pipe outfalls and all other inventoried infrastructure within the Stormwater Management GIS
were extracted from a model developed by the South Florida Water Management District.
County staff and contracted experts worked with FDOT to collect GPS location and field attribute LO
data for an additional set of 99 stormwater structures along US-1 in Key Largo and Tavernier. All
N
of the location and attribute data developed from this field inventory were incorporated into the
Monroe County Stormwater Management GIS.
cv
LO
F. US ACOE Partnership: Coastal Risk Management Study
c
Monroe County is in a 3-year partnership with the ACOE, beginning October 2018, to
investigate storm and sea-level rise vulnerability for the Florida Keys including US1, called the
Coastal Storm Risk Management Stud ACOE Stud The ACOE Stud will address how resent
g Y ( Y)• Y p ca
and future risk to coastal storm hazard and sea-level rise will affect coastal areas. The overall
goal of the ACOE Study is to analyze all information through one lens: specifically, to create a ca
multifunctional geospatial tool to generate estimates of existing and future coastal vulnerability
through a connected and synchronized view of all integrated products. Through this framework,
a holistic and more intuitive view of future steps, priorities, partners, solutions and projects can
be envisioned by a broad range of stakeholders in the future of US1.
7
I Packet Pg. 2252
�(e
K.6.f
Other goals of the study include (1) provide a common operating picture of coastal risk to
be utilized by policymakers at the local, state, and federal levels to comprehensively analyze US1
vulnerability; (2) identify high-risk locations and characterize current and future hazards by
developing depth damage functions along US1; (3) recommend risk-reduction measures to
address identified problems; and (4) review and incorporate adaptation or storm resilience
project recommendations as appropriate for future planning and funding.
G. Monroe County Watershed Management Plan, August 2019
Monroe County is a NFIP Community Rating System (CRS) Class 5-rated community. The
mandatory prerequisite to achieve Class 4 rating is to receive credit for managing the impacts of
a 100-year storm and/or sea-level rise, where applicable, based on a watershed management
plan (Plan). The Watershed Management Plan provides the basis to meet additional CRS
requirements, and is the result of multiple years' work in data development and analysis. Per
the Watershed Management Plan, the County's measured and proven response to future sea-
level rise vulnerability can be summarized as follows:
1. Securing the data, as discussed previously with collection of mobile LiDAR, to more
accurately depict ground elevations;
2. Development of more accurate vulnerability information for roads and stormwater
through the Countywide Roads Analysis (completion 2019-2021);
3. Setting policy based on the future vulnerabilities and development of future stormwater
4-
design standards (completion 2023); and c
4. Integrating into the Comprehensive Plan (completion 2021).
CL
H. 2015 Local Mitigation Strategy (LMS)
LO
The Monroe County Local Mitigation Strategy is updated every five years, and was most
recently updated in 2015. "Climate Change/Sea Level Rise" was added as a hazard to Chapters 5
(Hurricanes&Tropical Storms)and 6 (Other Hazards& Risks. The LMS Working Group prioritized
cv
mitigation actions and as such, County and municipal overall vulnerabilities were included in the
2015 LMS.
c
Chapter 5 addresses sea-level rise and climate change as hazards. It cites to numerous
studies and reports, including NOAA's Mean Sea Level Trends, the South Florida Water
Management District Report "Past and Projected Trends in Climate and Sea Level Rise for South
g p J ca
Florida—External Review Draft" (2011),the Compact's"Analysis of the Vulnerability of Southeast
Florida to Sea Level Rise" draft document from 2011, the November 2013 Climate Change ca
Advisory Committee's Monroe County Climate Action Plan, and the Compact's Unified Sea Level
Rise Projection as guidance in determining vulnerability to the County and its municipalities.
Chapter 6 addresses other risks to Monroe County in the form of hurricane and tropical storms,
including rainfall,fresh-water flooding, and coastal erosion. Most notably, the confirmation that
climate change and sea-level rise, recognized in Chapter 5 as a "medium" ranking hazard, will
exacerbate the impacts of other hazards like surge flooding, rainfall flooding, and hurricane wind.
8
I Packet Pg. 2253
�(e
K.6.f
VI. Post-Hurricane Irma Disaster Recovery Efforts
A. Rising Above Recovery Housing Strategy
Following the destruction that resulted from Hurricane Irma in September 2017, the
County developed a comprehensive strategy that encompasses a variety of initiatives, taking
advantage of numerous funding opportunities to reduce risk and exposure to properties from
extreme weather events. The Florida Keys: Rising Above Recovery plan is a housing strategy
designed to advance adaptation to coastal flooding, storm surge and other hazards, protect
property, residences and businesses from storm impacts and minimize damages, minimize public
and private losses due to storms, preserve the local economy during and after disasters including
business viability and workforce housing, to preserve and protect the environment, including
natural and historic resources, and to enhance resiliency. The following strategies will be >
employed to meet the above stated goals:
1. Wind retrofitting of residential structures: Provide funding options to harden
existing housing units, installation of hurricane shutters or impact windows, metal
roofs, reinforced trusses and reinforced garage doors.
2. Provide funding to elevate existing private residences above base flood elevation.
3. Provide funding to demolish and replace private residences to meet or exceed
building code and floodplain requirements.
4. Develop and increase the supply of workforce housing and rental housing
4-
opportunities: Identify areas of damaged properties or areas of less damaged c
properties to more easily and quickly rebuild safe, energy-efficient and cost-
CL
effective housing units.
5. Purchase scattered sites for single-family homes, purchase parks, and redevelop
multifamily housing; purchase less vulnerable sites for workforce housing. LO
6. Provide funding to rebuild and repair resilient existing housing units as safe,
N
energy-efficient and cost-effective housing units.
7. Identify areas to purchase and not rebuild the area (provide financial incentives to
N
purchase areas in dangerous or high-risk zones).
8. Provide funding to purchase developed properties in V-zones with existing
residences to create additional open space and natural buffers and rebuild
housing outside of V-zones.
9. Relocate and rebuild other less vulnerable locations with safe, durable, physically-
accessible, energy-efficient and cost-effective housing units.
g c,
10. Provide funding to purchase abandoned/damaged structures and demolish
unsafe structures. Provide funding to improve infrastructure for drainage at
housing units and reduce flooding vulnerability.
11. Develop infrastructure for improved mass transit and access to services and jobs.
12. Provide funding to repair and floodproof commercial structures and add housing
units over the commercial structure to improve local economic conditions,
particularly the continued availability of workforce housing and jobs.
9
I Packet Pg. 2254
�(e
K.6.f
13. Identify and explore the cost effectiveness of different types of factory-built
housing to replace manufactured housing units.
B. Repair, Reconstruction, and Elevation of Damaged Homes
The County has secured $50 million from the Community Development Block Grant - c
Disaster Recovery "Rebuild Florida Program" to fund the repair, replacement, and elevation of
damaged, non-code compliant, primary homes of vulnerable persons and affordable rental
properties. 1,233 households have registered for the program, with 1,069 invited to apply and
another 298 with completed applications. $478,355 and $374,430 was preliminarily awarded by
cv
the Florida Division of Emergency Management, under review by FEMA for final approval, of
mitigation projects. Three homes are slated for elevation and reconstruction. Another four
projects were recommended for development funding by the Florida Housing Finance >
Corporation that will result in 157 units of affordable housing.
C. Weatherization Program
The County is operating the Florida Department of Economic Opportunity's Weatherization
Assistance Program, whereby grant funding is available to income eligible homeowners to improve
energy efficiency within the home. This federal funding allows for the replacement of measures such as
non-compliant windows, or to add solar film to existing windows, weather-stripping around doors and
windows, attic insulation, replacement of non-energy efficient appliances, replacement of incandescent
light bulbs with light emitting diode (LEDs) or compact fluorescent lighting (CFLs), replacement of leaking
shower heads, or leaking toilet gaskets. [paragraph updated Feb 2021]
CL
D. Infrastructure Repair Program
This project will repair damage from Hurricane Irma for 1,693 linear feet of Father Tony LO
Way and install a "pump and treat" stormwater drainage system. This pilot project is designed
cv
to protect the only access road to a low-lying, low-income subdivision that is subject to frequent
and persistent flooding due to storms,tides, and sea-level rise. It will maintain access to 190 low-
income residential structures, of which 115 homes sustained substantial damage due to
Hurricane Irma at a cost of $2.5 million. This project is currently pending approval from the
Florida Department of Economic Opportunity (DEO).
E. Post-Disaster Recovery Strategy and Infrastructure Mitigation Program
The U.S. Department of Housing and Urban Development (HUD) announced a new
disaster recovery program that includes areas impacted by Hurricane Irma. The State of Florida ca
will receive $633 million in funding to support a broad array of mitigation projects through the
Community Development Block Grant — Mitigation Program. Local governments impacted by
Hurricane Irma have been asked to submit project ideas to the DEO to be considered as they
develop an action plan that will guide how this money is spent. The state must submit this plan
no later than February 2020 and work on it has already begun. DEO has suggested they are
looking for regional projects with high impact. This likely means that DEO would like to see multi-
10
1 Packet Pg. 2255
�(e
K.6.f
jurisdictional projects that will provide high-impact results in the community. As part of the
development of the Monroe County Post-Disaster Recovery Strategy, County staff and their
counterparts within local government jurisdictions have been working to develop project ideas
to be considered for this funding and any other sources that may still be available to support
Hurricane Irma recovery. The anticipated project submittals will occur in the summer of 2020.
0
F. Voluntary Home Buyout Program Proposal
m
To reduce the risk of flooding in residential areas and to help reduce the impact of future
disasters, the State of Florida created the Rebuild Florida Voluntary Home Buyout Program to
encourage risk reduction through the purchase of residential property in high flood-risk areas.
Counties and local governments have the option to apply for funding to acquire contiguous
parcels of properties, and to acquire property from low-to moderate- income households (LMH) >
with a focus on LMH that did not have flood insurance at the time of Hurricane Irma. As of the
publication of this memorandum, the County has submitted 58 applications concerning
properties within its jurisdiction. 18 applications have been submitted from the City of N
Marathon, and one application was submitted from the City of Islamorada for a total of 77
applications. The County estimates the total value of the land and eligible structures to be
purchased through the buyout program to be over $35 million.
The goal of this program is to purchase low-income, damaged properties in the most
vulnerable areas of the County and to dedicate these lands to open space or conservation in
perpetuity. This will allow the County to relocate populations from low-lying flood hazard
areas to safer regions. The County's local program prioritization criteria emphasizes the long- CL
term community goal of mitigating homes against storm surge and sea-level rise. The County
is currently anticipating approval from DEO to secure this funding.
LO
VII. Conclusions
cv
cv
Overall, while some of the data sets and studies are in process (in particular: 2020 LMS,
N
ACOE Coastal Risk Management Study, 2020 updated Compact Unified Sea Level Rise Projection, , 1
and Countywide Roads Analysis), the County has much of what is already required in the Peril of
Flood statute, completed in the existing Energy and Climate Element GOPS of the 2016
Comprehensive Plan. But this can and should be augmented with new existing data. The table
below outlines the main data sets and documents required to address the legislation. Overall, a
Monroe County has or is in the process of collecting the data necessary to meet the requirements
of Florida's 2015 Peril of Flood legislation with minor revisions and amendments to the
Comprehensive Plan. ca
11
I Packet Pg. 2256
�(e
K.6.f
Table 1: Data Inventory
Data Needed' Status of Data
Hazard Vulnerability The County has:
Assessment—what types? • SLR vulnerability assessment—2015 LMS,GreenKeys!,Compact's
2015 Unified SLR Projection c
• Storm surge vulnerability assessment— 2015 LMS, NOAA Grant -
m
Hazus Modeling (2019)
• Flood vulnerability assessment—2015 LMS
• Watershed Management Plan —2019
• Mobile LiDAR dataset
0
Still in pipeline: 2020 LMS, ACOE Coastal Risk Management Study, 2020
0
updated Compact Unified Sea Level Rise Projection, Countywide Roads
Analysis
Does the County have a Yes. The most recent LMS is Monroe County and Incorporated
multi-jurisdictional LMS? Municipalities LMS 2015.
Currently, the County is working on the 2020 LMS and the County E
website has the 2018 Master Initiatives List,which is multi-jurisdictional.
Is the flood vulnerability Yes.This information is included in the Monroe County and Incorporated
assessment included in LMS? Municipalities LMS 2015, which is currently being updated.
c
Is the storm surge Yes.This information is included in the Monroe County and Incorporated
vulnerability assessment Municipalities LMS 2015, currently being updated. CL
included in LMS?
Has a sea-level rise Yes. The 2016 GreenKeys! Appendix C at http://greenkeys.info/wp-
LO
vulnerability assessment content/uploads/2016/12/Appendic-C- =i
been completed? Monroe TechnicalAppendix Infrastructure Habitat 12 27 15.pdf cV
What is the target date for 2030 is the planning horizon date for the Monroe County
Comprehensive Plan? Comprehensive Plan adopted in April 2016. i
Has a regional unified sea- Yes. Monroe County is a member of the South Florida Regional Climate LO i
level rise projection been Change Compact, which adopted the Unified Sea Level Rise Projection c
developed? from 2015, horizon 2100 and is in the process of updating for 2020.
Are there map layers Yes, the 2030 map layers delineating future sea-level rise inundations
delineating future sea-level can be found in the 2016 GreenKeys! Appendix C at 0.
rise inundation for target http://greenkeys.info/wp-content/uploads/2016/12/Appendic-C-
date of Comprehensive Monroe TechnicalAppendix Infrastructure Habitat 12 27 15.pdf
Plan?
9 Data list compiled from various Peril of Flood implementation "Guidance"documents.
12
I Packet Pg. 2257
�(e
K.6.f
Vlll. Recommendations for Updates to Comprehensive Plan
Revising current GOPS and drafting new ones can be completed with existing data to
satisfy the Peril of Flood Law. When new data sets become available later in the year providing
the evidential support for the GOPS, this data can be incorporated to further substantiate new
GOPS. GOPs should, at a minimum, address the following:
1. Conduct post-disaster buyout of most risk-vulnerable properties including repetitive loss
and severe repetitive loss properties."
2. Identify target areas for development and redevelopment following disasters (AAAs for
example).
3. Encourage education and outreach about the risks and costs involved in owning or leasing
a structure in high-risk locations as well as options to mitigate against these risks. >
4. Develop or strengthen principles, strategies, and engineering solutions that reduce flood
risks in coastal areas.
5. Protect and maintain natural flood features to mitigate flood impacts.
6. Preserve floodplains as open space to mitigate flood risk.
7. Limit or restrict development in high risk areas to reduce repetitive loss.
8. Develop or strengthen policies to reduce stormwater runoff.
Section 163.3191(1), F.S. requires an evaluation of the Comprehensive Plan at least once
every seven years to determine if plan amendments are necessary to reflect changes in state
requirements since the last update.The County must notify the Florida Department of Economic
Opportunity as to its determination. Monroe County will be due to complete that review by May
CL
1, 2021. Florida law also requires that the Comprehensive Plan maintain a schedule of capital
improvements to be reviewed annually. Such schedule must include a five-year timeframe and
LO
identify the funding status of projects. The update of the Comprehensive Plan provides an
opportunity to integrate new information as part of the County's strategy to address
cv
vulnerabilities. Recommendations for updating the Comprehensive Plan include: i
N
1. Peril of Flood criteria must reside within the Conservation and Coastal Management
Element. One option is to move existing GOPS currently meeting the criteria to the
Conservation and Coastal Management Element while maintaining broader Countywide
Policy on Energy and Climate within that Element. Another option is to make the Energy y
and Climate Element a sub-element of the Conservation and Coastal Management
Element.
2. Ensure storm surge and flooding maps are consistent with the target date of the
ca
Comprehensive Plan, 2030. In the case where such a map exists for the 2030 timeframe,
ensure the data used is current. If maps for the 2030 Comprehensive Plan timeframe do 0)
not exist, they could need to be created.
3. There are a number of GOPS in other Elements that provide criteria for addressing plans
(parks, transportation, ports, etc.) and list issues to be considered. Add considerations of
sea-level rise to these lists.
13
I Packet Pg. 2258
�(e
K.6.f
4. The GOPS in Appendix A seek implementation of a number of strategies that would satisfy
some of the Peril of Flood Law requirements. Implement and update these time-limited
GOPS. Priority examples (others are listed in Appendix A) include the implementation of
the following based on their timeframes:
A. Objective 102.4: A sub-note in the 2016 Comprehensive Plan states "It should be
noted that the science examining the impacts of climate change and sea level rise
is still evolving and the County may want to consider postponing the acquisition
priorities on this issue until a future date." As part of the Peril of Flood Law
updates, it is recommended the County add sea-level rise impacts to the list of
N
criteria evaluating land acquisitions, as some coastal communities are beginning
to include the impacts of sea-level rise in their decision to purchase land.10
B. Policy 1502.1.4: Within 5 years of 2016 Comprehensive Plan adoption, define >
criteria and locations for AAAs: address same in the Comprehensive Plan update.
C. Policy 1503.1.7: Within 5 years of 2016 Comprehensive Plan adoption, determine
the climate change considerations required for land use amendment review.
D. Policy 1503.1.8: Within 5 years of 2016 Comprehensive Plan adoption, develop
shoreline stabilization strategy to protect from sea-level rise impacts and erosion.
E. Policy 1503.4.1: Within 5 years of 2016 Comprehensive Plan adoption, review
post-disaster redevelopment plan to include climate change and sea-level rise
impacts with regard to repetitive loss and shoreline stabilization needs.
F. Policy 1503.4.2: Determine impacts to transportation facilities' hurricane
4-
evacuation timeframes impacted by a 3-7" increase in sea-level rise by 2030. c
CL
LO
LO
ca
N
N
i
N
i
i
c
U
io Click the link here for an example in Bonita Springs, Florida.
14
I Packet Pg. 2259
�(e
K.6.f
References:
1. Deady, Erin. Why the law of Climate change matters: from Paris to a local government
near you. Environmental & Land Use Law. Vol. 91, No. 9. p 54. November, 2017.
2. Adaptation Action Areas: 163.3164(1) & 163.3177(6)(g)(10), F.S.
3. GreenKeys! 2016
4. GreenKeys! June 2019 update
5. Monroe County and Incorporated Municipalities LMS 2015 °'
6. Monroe County 2030 Comprehensive Plan, April 2016
7. Peril of Flood Legislation: 163.3178(2)(f), F.S.
cv
CD
cv
4-
0
2
N
c
c
4-
0
CL
LO
CD
cv
CD
cv
CD
cv
LO
i
c
15
1 Packet Pg. 2260
�(e
K.6.f
APPENDIX A
List of Monroe County's Comprehensive Plan GOPs relevant to Peril of Flood
legislation
In the order the Element appears in the Comprehensive Plan, the following are the GOPs related c
to climate change, resilience planning, and flooding including, but not limited to,those necessary
to meet Peril of Flood legislation. If a Goal or Objective is mentioned below, it concludes the
supporting Objectives and Policies are also supportive and are included by reference except for
the Energy and Climate Element where all the relevant GOPs are referenced here as it will drive
the Peril of Flood Comprehensive Plan amendments.
N
0
Future Land Use Element [11
2
• Objective 102.4, Monroe County shall maintain a Land Acquisition Master Plan containing
strategies for securing funding and containing non-purchase options and strategies. Sub-
note within Objective "It should be noted that the science examining the impacts of
climate change and sea level rise is still evolving and the County may want to consider E
postponing the acquisition priorities on this issue until a future date."
• Policy 105.1.1, Within three (3)years after the adoption of the 2030 Comprehensive Plan,
the County will,with input from the business community and other stakeholders,develop
an Economic Sustainability Element, which focuses upon and promotes redevelopment, c
considers the increasing cost of climate adaptation and the protection of property.
• Policy 101.5.32, Within in 1 year of the effective date of this policy, Monroe County shall
adopt Land Development Regulations which provide a Flood Protection Height Exception CL
to Policy 101.5.30 to promote public health, safety and general welfare; allow adaptation
to coastal flooding, storm surge and other hazards; protect property from flooding andLO
minimize damages; minimize public and private losses due to flooding; minimize future i
expenditures of public funds for flood control projects and for recovery from flood events;
and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up
to a maximum of five (5) feet above the 35-foot height limit shall be provided to allow i
lawfully existing buildings to be voluntarily elevated up to three (3)feet above FEMA base LO
flood elevation; and a flood protection height exception of a maximum of three (3) feet c
above the 35-foot height limit shall be provided to allow new (new construction or
substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA
base flood elevation.These exceptions are in order to promote flood protection, minimize
flood damage, reduce flood insurance premiums and minimize future expenditures of
public funds for recovery from flood events. In no case shall a Flood Protection Height
Exception result in a new building exceeding a maximum height of 38 feet or a lawfully
existing building exceeding a maximum height of 40 feet. (Ordinance 016-2017) E
• Policy 101.5.33, Within in 1 year of the effective date of this policy, Monroe County shall
adopt Land Development Regulations which provide a Flood Protection Height Exception
for lawfully established existing buildings which exceed the 35-foot height limit, to
promote public health, safety and general welfare; allow adaptation to coastal flooding,
16
1 Packet Pg. 2261
�(e
K.6.f
storm surge and other hazards; protect property from flooding and minimize damages;
minimize public and private losses due to flooding; minimize future expenditures of public
funds for flood control projects and for recovery from flood events; and mitigate rising
flood insurance premiums. A lawfully established existing building may be repaired,
improved, redeveloped and/or elevated to meet required FEMA base flood elevation
(BFE) provided the building does not exceed a total maximum building height of 40 feet,
and the building is limited to the existing lawfully established intensity,floor area, building
envelope (floor to floor height), density and type of use. For lawfully established existing
buildings that are proposed to exceed a total height of 40 feet, a public hearing before
the Planning Commission and the Board of County Commissioners shall be required to
review and specify the maximum approved height prior to issuance of any county permit
or development approval. The Planning Commission shall provide a recommendation to
the BOCC on the maximum height of a building. The BOCC shall adopt a resolution >
specifying the maximum approved height. (Ordinance 016-2017)
Conservation and Coastal Management Element [21 N
• Policy 203.3.3, County to continue to support state and federal agencies in development
and implementation of management measures to protect coral reefs and hardbottom
communities in the waters off the Keys. Protect species vulnerable to climate change from
non-climate pressures, involve stakeholders including those industries in climate science, c
c
and support/showcase "climate smart" organizations and businesses.
• Policy 212.2.1, Within one (1) year after the adoption of the 2030 Comprehensive Plan, c
Monroe County shall evaluate the minimum shoreline setbacks currently in use in Monroe
CL
County in coordination with DEO, FDEP and FWC. Setbacks shall be identified which will
accomplish the following: 1. protect natural shoreline vegetation; 2. protect marine turtle
nesting beaches; 3. protect water quality 4. protect structures from the effects of long- '
term sea level rise; 5. protect beaches and shorelines from erosion; and 6. allow
N
redevelopment of existing waterfront commercial structures consistent with the existing i
community character and preserve overwater views.
• Objective 216.1, Monroe County shall maintain a program of hazard mitigation in the
Coastal High Hazard Area (CHHA) which reduces floodplain alteration and damage or loss
due to natural disasters. [§163.3178(2)(h), F.S.]
Traffic Circulation Element [31
• Policy 301.4.1, Plan for an intermodal transportation system that incorporates alternative
modes of transportation inclusive of incorporating climate change implications into the ca
..
Transportation Strategy Master Plan (Long Range Plan) by May 2021.
• Policy 301.5.2, In order to coordinate the traffic circulation system with future land uses
as a policy: incorporate climate change implications into the Long Range Transportation
Plan.
17
ERIN L. Packet Pg. 2262
�(e
K.6.f
Mass Transit Element [41
There are no directly relevant GOPs in this Element.
Ports, Aviation and Related Facilities Element [5]
0
• Policy 502.3.2, Monroe County shall improve and maintain stormwater facilities on
Fourth, Fifth, and Peninsular Avenues on Stock Island in order to prevent flooding.
Housing [61
cv
There are no directly relevant GOPs in this Element.
Potable Water [71
There are no directly relevant GOPs in this Element.
Solid Waste [81
There are no directly relevant GOPs in this Element.
c
c
Sanitary Sewer [91
4-
0
There are no directly relevant GOPs in this Element.
CL
Drainage Element [101
LO
• Policy 1001.1.1, ... All projects shall be designed so that the discharges will meet Florida
N
State Water Quality/Quantity Standards as set forth in Chapters 62-3 and 62-302.530, i
F.A.C, incorporated herein by reference. All projects should be designed in accordance
with the Florida Department of Transportation and South Florida Water Management
District standards and taking into account projections for climate change.
[§163.3177(6)(c), F.S.]...
• Policy 1001.1.6 Within three years of the adoption of the 2030 Comprehensive Plan, y
Monroe County shall evaluate the need to complete an inventory and analysis of existing
public drainage facilities within the County and associated flooding issues.
[§163.3177(6)(c)1] 2. F.S.]
Natural Groundwater Aquifer Recharge [111
• Objective 1101.1, Monroe County shall work cooperatively with Miami-Dade County to
encourage land use planning and development controls which shall protect the recharge
area of the Florida City Wellfield from potential sources of groundwater contamination,
18
1 Packet Pg. 2263
�(e
K.6.f
saltwater intrusion and over-extraction. (See Potable Water Objective 701.4 and related
policies.)
Recreation and Open Space [121
• Policy 1201.7.1, Within five (5) years after the adoption of the 2030 Comprehensive Plan, c
Monroe County shall prepare a Parks and Recreation Master Maintenance and
Management Plan (MMP).The MMP shall evaluate and incorporate, among other factors,
the following: 1. Proper management techniques consistent with the updated Future
Land Use, Recreation and Open Space and Conservation and Coastal Management
CD
Elements;... cv
4-
0
Intergovernmental Coordination [131 >
2
There are no directly relevant GOPs in this Element.
N
Capital Improvements [141
• Policy 1401.1.2, Monroe County shall annually update the Comprehensive Plan Five-Year
Schedule of Capital Improvements. Proposed revisions to the Schedule, including those
addressing the replacement and renewal of capital facilities, shall be evaluated and
updated in accordance with the following considerations (not listed in order of priority):
1. consistency with the relevant elements of the Comprehensive Plan; 2. the elimination c
of public hazards; 3. consider sea level rise projections as they relate to transportation
CL
and bridging projects in particular; 4. the County's need for financial expenditures for
infrastructure improvements within or proximate to vulnerable areas; 5. the elimination
of existing deficiencies; 6. financial feasibility including the impact on the annual '
operating and capital budgets; 7. the location in relation to the Future Land Use Map; 8.
N
accommodation of the demands from redevelopment and new development; 9. the i
consistency of the improvement relative to the plans of state agencies and the South
Florida Water Management District; and 10. the availability of other revenue sources
including, but not limited to, FDOT Project funding and FDOT Traffic Operations funds
from District Dedicated Revenue (DDR) sources. Revisions to the schedule shall be
incorporated into the Capital Improvements Program on an annual basis. y
[§163.3177(3)(a)5.(b), F.S.]
• Objective 1402.2, ... 2. County public expenditures within the CHHA maybe permitted for
improvements and expansions to existing public facilities, which improvements or
ca
expansions are designed to minimize risk of damage from flooding.
Energy and Climate Element [151
The Energy and Climate Element lays the foundation for coordination among multiple
stakeholders, use of best available science in decision-making, addressing energy and climate
issues in the build environment, and policies that protect natural systems and habitats through
19
1 Packet Pg. 2264
�(e
K.6.f
land acquisition strategies that incorporate climate adaptation and mitigation strategies. This
Element contains the majority of the language required to directly address planning and Peril of
Flood in addition to two of the Goals (1502 and 1504) (with minor changes the other two goals,
1501 and 1503, could be made to directly address the legislation as well).
• Goal 1501 - Monroe County shall coordinate with the municipalities of Key West, Key
Colony Beach, Islamorada, Layton and Marathon; regional, State,and federal government
agencies, nongovernmental organizations and private organizations to exchange data and
develop coordinated strategies to address energy conservation and impacts from climate
change.
CD
o Policy 1501.1.5, Monroe County will support local and regional modeling and cV
monitoring programs, as resources permit, to assure the most current locally
specific data is considered in the 2030 Comprehensive Plan and Land
Development Code updates. This may include but is not be limited to programs
designed to monitor surface water quality (including temperature), sea level rise, W
hydrologic and geologic conditions, groundwater quality and levels, precipitation
and groundwater withdrawals from resources that the County depends upon
(including those outside County lines). The County shall make such data available
to the public.
• Goal 1502 - Monroe County shall incorporate the best available data and science, into its
policy and planning decisions for infrastructure, recognizing the uncertainty associated
with long range climate change predictions.
o Objective 1502.1, In conjunction with future updates to the 2030 Comprehensive c
Plan and land development regulations, the County shall update the data and
CL
assumptions related to climate change impacts to infrastructure based on the
latest scientific predictions and observed (monitored) impacts. Monroe County
LO
shall also consider climate change impacts such as increased temperatures, sea
level rise, potentially shifting habitat and ecosystem types and the need to
N
withstand increased storm surge in evaluating public infrastructure decisions. i
■ Policy 1502.1.1, Prior to incorporating a new project to the Capital
Improvements Element, Monroe County shall assure that it is reviewed for LO
recommendations to increase resiliency and account for the impacts from
climate change, including but not limited to, sea level rise and storm surge.
Monroe County shall evaluate financial expenditures to fund repairs, y
reconditioning of deteriorating infrastructure and new infrastructure
improvements within or proximate to vulnerable areas to manage public
investments appropriately. Monroe County shall focus on level of service
standards, as one of the points of analysis, to assure that infrastructure ca
..
useful life and service expectations can be met in the face of climate
change impacts.
■ Policy 1502.1.4, Adaptation Action Areas — within five (5) years of the
adoption of the April 2016 Comprehensive Plan staff would identify criteria
to define adaptation actions areas (AAA) or a similar concept and propose
locations for AAAs.
20
1 Packet Pg. 2265
�(e
K.6.f
■ Policy 1502.1.5, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall initiate an inventory of existing
and planned infrastructure up to the 2030 horizon, based upon the
vulnerability mapping identified in Policy 1502.1.4, for capacity to
accommodate projected sea-level rise over the life expectancy of that
infrastructure. Monroe County shall identify the infrastructure within
those areas, its useful life and any retrofits or capital projects necessary to
address the impacts of sea level rise.These strategies may include defense,
accommodation, or and retreat projects, or not building planned
infrastructure in vulnerable locations, to address the impacts of sea level
N
rise. Monroe County will consider developing design criteria, in
conjunction with a broader asset management planning process.
■ Policy 1502.1.6, Within five (5) years after the adoption of the 2030 >
Comprehensive Plan, Monroe County shall consider incorporating a
planning, design and permitting standard for infrastructure and public
facilities that may include a sea level rise assumption of 3"-7" by 2030 as
developed by the Southeast Regional Climate Compact. The County shall
review and update sea level rise projections when new and pertinent data
is available. (The 3"-7" by 2030 is based on a 2010 baseline --if adjusted to
a 1992 baseline it would result in 6" to 10" by 2030 above the 1992 mean
sea level).
■ Policy 1502.1.7, Monroe County shall ensure that new, renovated and
4-
replacement public facilities and infrastructure, such as streets and c
bridges, water and wastewater treatment plants, police stations and fire
CL
stations, and any other public facilities that the County has authority over,
are designed in a manner which considers the useful life of public facilities
and infrastructure. The County shall also consider the potential impacts LO
from climate change, including rising sea levels and shoreline stabilization
N
needs, on its infrastructure and public facilities.
■ Policy 1502.1.9, Monroe County shall coordinate with appropriate
cv
agencies to monitor changes to minimum road elevation standards which
may be specific to Monroe County due to its unique exposure to climate
change and sea level rise impacts. This could also include enhanced
stormwater management requirements and resurfacing requirements for
certain transportation segments.
Policy 1502.1.10, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall review land development
regulations that address stormwater management considerations for sea
level rise impacts. To the extent practicable, Monroe County shall
incorporate green infrastructure or passive alternatives that maximize
land preservation over impervious or "active" infrastructure. Such
alternatives could include the reconditioning and reuse of septic tanks,
increased use of rainwater harvesting techniques, such as cisterns and
other water storage techniques. Monroe County shall determine if land
21
ERIN L. Packet Pg. 2266
�(e
K.6.f
development regulation amendments are needed to address increased
retention requirements and other topographic or infiltration
considerations which may influence stormwater management
requirements. Monroe County shall also consider the ability to meet water
quality requirements related to stormwater management regulations and
if there are any impacts from climate change that may jeopardize the
County's ability to meet those requirements.
• Goal 1503 - Monroe County shall address energy and climate issues in the built
environment by: encouraging green development practices; reducing waste; enhancing
transportation choices; and educating the community about the need to reduce energy
use and prepare for climate change impacts. cv
o Objective 1503.1, To address the impacts of GHGEs and climate change, Monroe
County shall promote energy efficiency across all sectors of energy use, public and
private sector, in the built environment.
Policy 1503.1.2, Within seven (7) years after the adoption of the
■ Comprehensive Plan, Monroe County may include climate change impacts
as a factor in determining appropriate levels of development.
■ Policy 1503.1.4, Monroe County shall review the most updated FEMA
maps within one (1) year of their release and evaluate floor elevation
requirements, as necessary, for all new construction in vulnerable areas.
■ Policy 1503.1.7, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall determine the appropriate
4-
climate change considerations (including but not limited to, emergency c
management, flood risk, storm surge, threats to potable water supply, the
CL
potential for changing habitat and landscapes, the need for shoreline
stabilization and the potential impacts to infrastructure necessary to serve
proposed uses) to evaluate when reviewing land use amendments. '
■ Policy 1503.1.8, Within five (5) years after the adoption of the 2030
cv
Comprehensive Plan, Monroe County shall develop a shoreline
stabilization strategy to protect and enhance the built and natural
N
environments from erosion and sea level rise impacts prioritizing natural
green infrastructure approaches. Monroe County shall assure shoreline
stabilization strategies are found to be in the public interest in light of that
area's vulnerability to climate change impacts. Monroe County shall also y
consider public access to beaches, minimizing adverse impacts to coastal
processes and resources, impacts to neighboring properties, and the
values and functions of beaches and coastal/marine systems, relative to
shoreline stabilization strategies. ca
o Objective 1503.4, Incoordination with the next update to the County's emergency
management policies, Monroe County shall coordinate with municipalities, the
Florida Division of Emergency Management, and other applicable agencies to
further review and incorporate sea-level rise considerations and climate change.
■ Policy 1503.4.1, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall review its post-disaster
22
ERIN L. Packet Pg. 2267
�(e
K.6.f
redevelopment plan and land development regulations to include, as
appropriate, consideration of climate change impacts, repetitive loss
structures and shoreline stabilization needs.
■ Policy 1503.4.2, In coordination with the next update to emergency
management policies, Monroe County shall determine any impacts to
hurricane evacuation timeframes exacerbated by a 3"-7" increase in sea-
level rise by 2030 on transportation facilities.
• Goal 1504 - Monroe County shall further protect natural systems and habitats by
incorporating climate adaptation and mitigation strategies in its land acquisition policies.
This goal will include consideration of the need to address natural resource protection
and restoration requirements, the likelihood of natural resource impacts such as shifting
habitats from a rising sea, potential threats and loss of marine ecosystems and habitat,
ecosystem-based approaches to exotic species and vegetation management and the need
to protect, manage and restore native habitat.
N
c
c
4-
0
CL
LO
LO
N
N
i
N
i
i
c
U
23
I Packet Pg. 2268
K.6.f
To: Michael Roberts, CEP, PWS, Assistant Director/Environmental Resources
Monroe County, Florida
From: Erin Deady, Esq., Project Manager
Re: Monroe County, "Review existing elements to determine strategy for Peril of
2-
Flood Amendment compliance", Task 2.1 °'
m
Date: October 10, 2019
cv
1. Executive Summary cV
4-
0
Pursuant to Task 2.1, this memorandum includes a review of existing elements to
determine strategies for Peril of Flood Amendment compliance. To provide flexibility, several
alternatives are listed within this memorandum. As you know, the primary focus of this effort is <
to bring the Comprehensive Plan ("Comp Plan") into compliance with requirements added to
Section 163.3178(2)(f), Fla. Stat. (Peril of Flood Law).
U. The Peril of Flood Law
Section 163.3178(2)(f), Fla. Stat. was amended in 2015 (known as the "Peril of Flood
legislation"and referred to herein as the"Peril of Flood Law")to protect coastal resources against
sea-level rise and other climate change-related impacts. Pursuant to the law, the County's
Conservation and Coastal Management Element must be revised to include "...A redevelopment
CL
component that outlines the principles that must be used to eliminate inappropriate and unsafe
development in the coastal areas when opportunities arise...." Coastal Management Elements
LO
must now:
i
N
1. Include development and redevelopment principles, strategies,and engineering solutions i
that reduce the flood risk in coastal areas which results from high-tide events, storm
surge, flash floods, stormwater runoff, and the related impacts of sea-level rise (SLR).
c
2. Encourage the use of best practices development and redevelopment principles,
strategies, and engineering solutions that will result in the removal of coastal real y
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identify site development techniques and best practices that may reduce losses due to ca
..
flooding and claims made under flood insurance policies issued in this state.
4. Be consistent with, or more stringent than,the flood-resistant construction requirements
in the Florida Building Code and applicable flood plain management regulations set forth
in 44 C.F.R. part 60.
1
FUN L. Packet Pg. 2269
K.6.f
5. Require that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with chapter 161.
6. Encourage local governments to participate in the National Flood Insurance Program
Community Rating System administered by the Federal Emergency Management Agency
to achieve flood insurance premium discounts for their residents.'
III. Monroe County Comprehensive Plan
Monroe County's current Comprehensive Plan was adopted through Ordinance No. 005-
2016 on April 13, 2016 by the Board of County Commissioners. The Comprehensive Plan already cV
contains an "Energy and Climate" Element and GOPs already exist addressing climate change, c
sea-level rise, hazard mitigation and energy consumption, some of which could likely fulfill the
Peril of Flood requirements.
These GOPs addressing climate issues, inclusive of flooding, are located primarily in the
"Conservation and Coastal Management" Element and the "Energy and Climate Element" and,
to a lesser extent, in the "Future Land Use," "Traffic Circulation," "Drainage," "Natural
Groundwater Aquifer Recharge," and "Capital Improvements" Elements.'
IV. Alternatives for Consideration c
c
4-
The following are alternative approaches for the integration of climate information into
the Comprehensive Plan and meeting the Peril of Flood requirements:
CL
Option #1 Narrow approach: Add new narrow "Peril of Flood" related Goal into Conservation
LO
and Coastal Management with the 6 statutory requirements met through a combination of
Objectives and Policies. This could include appropriate GOPs in other elements based on
J
GreenKeys, the Watershed Management Plan and updated modeling etc. (example: addressing i
new stormwater data from the Watershed Management Plan into the Drainage Element). This
would include keeping the bulk of the climate-related provisions within the Energy and Climate
Element.
c
The benefit is that new Peril of Flood requirements are narrowly crafted to comply with y
Section 163.3178, F.S. and thus less susceptible to complaints of "statutory creep"for
Coastal Elements. Another benefit is that the approach largely keeps Energy and Climate
issues organized in one Element within the Comprehensive Plan. Requirements for
1 See§163.3178(2)(f), Fla.Stat.
2 A list of directly relevant GOPS can be found in Appendix A.The operative Monroe County Comprehensive Plan can
be viewed online at https://www.monroecounty-fl.gov/DocumentCenter/View/4606Z2030-MC-Comp-Plan
revision-3?bidld=.
2
FU L. Packet Pg. 2270
K.6.f
optional elements in Chapter 163, F.S. (such as the Energy and Climate) also have less
statutory specificity to avoid comments of"statutory creep".3
Option #2 Reorganization approach: Reorganize (1) Energy and Climate and (2) Conservation
and Coastal Management and Elements to bifurcate issues into a "mitigation" and "adaptation"
approach. The bulk of other GreenKeys and related analytical efforts would be integrated into
Conservation and Coastal Management Element (and Drainage, Capital Improvements, etc.)
since they are largely adaptation-related. New sea level rise or climate adaptation goals could
be developed within Conservation and Coastal Management and/or other related Elements(such
as Drainage). Broader Energy and Climate "mitigation" issues (energy, heat, health, outreach,
vector borne-disease issues and social vulnerability) would be expanded or remain in that
Element based on existing data.
76
Essentially, this may integrate climate adaptation related issues into more Elements of the
Comprehensive Plan rather than keeping those issues predominantly in the Energy and
Climate Element, which is not really a benefit or a challenge. For those that are supportive
of the County addressing climate change more holistically, this approach may appeal to
them. Overall, it may lead to more confusion from an implementation perspective
because the issues are scattered throughout the Comprehensive Plan.
Option #3 Reorganization approach: Delete Energy and Climate Element and incorporate into
other related elements including but not limited to the Conservation and Coastal Management
4-
Element, Drainage, Capital Improvements, etc. c
CL
The benefit is that it reduces the number of Elements in the overall Comprehensive Plan.
The challenge is that an interpretation will be "lessening" the importance of Energy and
Climate issues, something that will not be received well politically. Another challenge is LO
that while Chapter 163, F.S. requirements for Comprehensive Plans are considered'floors"
cv
and not "ceilings'; some could comment that adding these issues into multiple elements
deviates from the intent of those requirements.
LO
i
i
Conclusion: It is our recommendation that the County pursue Option #1.
ca
s This approach was recently accepted by DEO for the City of Delray Beach.
3
M N Packet Pg. 2271
3.2-CONSERVATION AND COASTAL MANAGEMENT
GOAL 201
To ensure that air quality is maintained at the highest levels,Monroe County shall continue to meet all
attainment standards set by the State of Florida and the U.S.Environmental Protection Agency(EPA).
[F.S.§163.3177(6)d.2.a.]
r
Objective 201.1 CD
N
CNI
Monroe County shall continue to maintain existing ambient air quality levels in compliance with the
National Ambient Air Quality Standards(NAAQS).[F.S.§163.3177(6)d.2.a.]
Policy 201.1.1
Monroe County, in coordination with local Florida Department of Environmental Protection
(FDEP)representatives,shall review the annual air quality monitoring data for Monroe County. W
Any violations of the NAAQS or trends in ambient air quality shall be reported to the BOCC. vj
[F.S.§163.3177(6)d.2.a.]
Policy 201.1.2
Development Orders shall require that land areas exposed during construction be treated with
mulch,spray,grass or other appropriate methods in order to minimize air pollution.[F.S.§
163.3177(6)d.2.a.]
Policy 201.1.3 Q
Q
All resource extraction activities shall comply with FDEP standards designed to minimize point
sources of air pollution.[F.S.§163.3177(6)d.2.a.]
Policy 201.1.4
CIL
Monroe County shall support state government programs to regulate petroleum and gasoline
storage facilities with an emphasis on controlling VOC emissions.[F.S.§163.3177(6)d.2.a.]
GOAL 202 L
The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,lakes
and tidal streams,)and associated marine resources shall be maintained and,where possible,improved N
or restored.[F.S.§163.3177(6)d.2.b.,e.] NI
Objective 202.1 N
I
Monroe County shall continue to work cooperatively with the U.S.Environmental Protection Agency LO
(EPA),the FDEP,the South Florida Water Management District(SFWMD),and the National Oceanic
and Atmospheric Administration(NOAA)to implement the Water Quality Protection Program
(WQPP)for the Florida Keys National Marine Sanctuary.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.1.1 N
Monroe County shall continue to coordinate with EPA,FDEP,SFWMD and NOAA to document
pollutant loads for Florida Keys waters.[F.S.§163.3177(6)d.2.b.,e.] (,
tJ
Policy 202.1.2
ca
Monroe County shall maintain and implement permitting,inspection,and enforcement
U
Packet Pg. 2272
procedures designed to reduce pollutant discharges into ground and surface waters from on-
site disposal systems and wastewater treatment plants.(See Goal 901 and related objectives
and policies.)[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.1.3
Recognizing impaired water quality in many canal systems in the Florida Keys, Monroe County
shall work cooperatively with FDEP, EPA,the Florida Keys National Marine Sanctuary(FKNMS) r
N
and the U.S.Army Corps of Engineers(USACE)to identify any water quality issues and permitting assistance and recommendations related to the use of aerators,bubble curtains, N
pumping from front to back in canals,partial backfilling to make the canals shallower,flow
improvement culverts in dead end canals to connect with other canals or near shore waters,
flow improvement in plugged canals that are not currently open to tidal flow,and utilization of >
weed restriction devices in canal systems.[F.S.§163.3177(6)d.2.b.,e.]
Objective 202.2
Monroe County shall develop and implement permitting,inspection,and enforcement procedures y
designed to reduce pollutant discharge into surface waters.
Policy 202.2.1
Monroe County shall maintain regulations in the Monroe County Code pertaining to the disposal
of fish and shellfish by-products from seafood processing facilities, including the following:
1. by-products shall not be dumped into surface waters or wastewater disposal systems;
0
2. by-products shall be disposed of as solid waste;and
3. consideration shall be given to suitable reuse of by-products.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.2.2
Within one(1)year after adoption of the 2030 Comprehensive Plan,Monroe County shall CL
evaluate options for reducing the amount of fish and lobster cleaning offal that is discharged in to
canals.This evaluation should include public facilities such as marinas and private areas such
as private backyard docks.
LO
Options to be considered shall include,but not be limited to: =I
(a) encouraging carcasses be macerated for chum (put in bags and frozen for a N
subsequent trip), deposited in an air-tight container for routine refuse pickup, or
hauled away by a commercial chum or trap fisherman on contract;and
(b) encouraging the public through an educational signage and awareness program on NI
water quality. LO
I
Objective 202.3
Monroe County shall support existing vessel discharge regulations,including the No Discharge Zone
regulations of the Florida Keys National Marine Sanctuary,and encourage use and expansion of
sewage pump-out facilities throughout Monroe County to reduce pollutant discharges into nearshore
surface waters from live-aboard vessels.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.3.1 CJ
tJ
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
adopt and maintain regulations pertaining to docked or moored to land live-aboard vessels
which:
U
Packet Pg. 2273
1. prohibit living on board vessels and floating structures of any type except at marine
facilities, including marinas, and within commercial fishing areas and commercial fishing
special districts,with fixed pump-out facilities;and
2. require that new and existing marine facilities, including marinas,with ten slips or more,or
one live-aboard slip,provide a fixed pump-out station;and
3. require all marinas,regardless of size,to provide signage conspicuously posted at dockage
sites educating the live-aboard public about the importance of pumping out and giving clear
directions to the nearest pump-out stations.[F.S.§163.3177(6)d.2.b.,e.] CD
N
Policy 202.3.2
0
Existing marine facilities,including marinas,which do not have an on-site pumpout station,as
identified through the Monroe County Marine Facility Survey or other best available data
sources,shall be notified in writing of the requirements for on-site pumpout facilities and 0.
signage(and any available funding assistance,such as the DEP Clean Vessel Act grant 0.
program)within 18 months after the adoption of the 2030 Comprehensive Plan.Such marine <
facilities and marinas shall have 12 months from the written notification to provide an on-site vj
pumpout station and associated signage.All marine facilities and marinas which are required to
provide on-site pumpout stations are required to keep those pumpout stations operational,and
ensure that pumpout service is available to the patrons of those marine facilities and marinas.
Policy 202.3.3
Development of the management recommendations for live-aboard vessels shall be
coordinated with NOAA to ensure consistency with recommendations of the Florida Keys
National Marine Sanctuary Revised Management Plan.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.3.4
0
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
adopt revisions to the Monroe County Code pertaining to live-aboard vessels,either in mooring W
fields or free-anchored,which establish the following(regulations pertaining to free-anchored CIL
vessels may require additional authorization by state statute):
1. Minimum depth criteria;
LO
2. Availability of appropriate shoreside access (except for short-term recreational mooring
sites-See Policy 203.5.2); CD I
3. Pumpout service availability; CD
N
CNI
4. Availability or provision of shoreside facilities(such as parking and solid waste disposal); CD 1
5. Registration and fee structure for live-aboard mooring fields;and NI
LO
6. Impact fee provisions for long-term free-anchored live-aboards. [F.S. § 163.3177(6)d.2.b., I
e.]
Policy 202.3.5
Within one(1)year after the adoption of the 2030 Comprehensive Plan, Monroe County will N
evaluate the need to develop a plan for providing pump-out services at county-owned facilities.
[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.3.6
tJ
The County shall encourage new and existing redeveloping or expanding marinas to adopt Best
Management Practices as recommended by Florida Department of Environmental Protection's
Clean Marina Program.
U
Packet Pg. 2274
Objective 202.4
Monroe County shall maintain land development regulations which implement county policies
controlling pollutant discharges into surface waters from dredge and fill activities.[F.S.§
163.3177(6)d.2.b.,e.]
Policy 202.4.1
r
Monroe County shall support state and federal policies and regulations concerning the tV
permitting of dredge and fill activity, except in those instances where more stringent regulations tV
adopted by Monroe County shall be maintained.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.4.2 >
0
No new dredging shall be permitted in Monroe County.[F.S.§163.3177(6)d.2.b.,e.]
Policy 202.4.3
N
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities,except for maintenance in public navigation
channels;in canal restoration projects pursuant to Policy 202.4.7:or in the manmade artificial
canals of Duck Key(MM 61),pursuant to Florida Department of Environmental Protection and
U.S.Army Corps of Engineers permits,to restore navigational access obstructed by natural
depositions,subject to the requirements in Policy 202.4.4. [F.S.§163.3177(6)d.2.b.,e.](Ord.
No.010-2018,§1,5-16-2018)
Policy 202.4.4
Within the manmade artificial canals of Duck Key(MM 61).maintenance dredging within areas
vegetated with seagrass beds or characterized by hardbottom communities may be permitted to
restore navigational access,provided that:
1 Shoaling or natural deposition has obstructed or reduced reasonable access to open CL
water;
2. The maintenance dredging cannot be used to dredge natural barriers(areas that have
not been previously dredged)separating canals from adjacent wetlands and/or other LO
surface waters;
I
3. The maintenance dredging shall not exceed depths greater than minus six (-6) feet CD
tV
mean low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. tCD
V
the shallowest depth shall control);
CD
4. The maintenance dredging methodology shall not cause degradation of water quality CVl
or secondary and/or cumulative impacts to surrounding benthic resources; u7
I
5. Turbidity controls shall be used to prevent reduction of light availability to seagrasses
and increased sedimentation in adjacent surface waters and benthic resources;
6. The quantity of mitigation for seagrass/hardbottom community resource impacts shall
meet the requirements specified by the State of Florida's Uniform Mitigation
Assessment Method(UMAM);and
7. The proposed maintenance dredging is in the"public interest"(for the purposes of this
policy, "public interest" means demonstrable environmental, social, and economic
benefits which would accrue to the public at large as a result of a proposed action). fJ
The applicant shall be responsible for providing justification that the proposed
maintenance dredging is in the"public interest."(Ord.No.010-2018,§1,5-16-2018)
U
Packet Pg. 2275
Policy 202.4.5
In order to prevent degradation of bottom vegetation,maintenance dredging in artificial
waterways shall not exceed depths greater than minus six(-6)feet mean low water.This policy
does not apply to the entrance channels into Key West Harbor and Safe Harbor.[F.S.§
163.3177(6)d.2.b.,e.](Ord. No.010-2018,§1,5-16-2018)
Policy 202.4.6 r
N
CD
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites N
where drainage can be contained on-site.[F.S.§163.3177(6)d.2.b.,e.](Ord. No.010-2018,§
1,5-16-2018)
Policy 202.4.7
Due to the physical structure,depth,and orientation of existing canals,water quality problems
have been caused which cannot be improved with wastewater treatment and stormwater
management practices alone.To implement the 2013 Monroe County Canal Management y
Master Plan and improve water quality in artificial canals,the County is developing canal
restoration projects to improve tidal flushing,increase dissolved oxygen concentrations as
identified in the surface water quality criteria in Ch.62-302.530, F.A.C.,and remove
accumulated nutrients and decomposing organic material.
Canal restoration projects,developed to determine the effectiveness of water quality strategies
of the Florida Keys National Marine Sanctuary Water Quality Protection Program,which are
performed or funded by public entities(County,State,or Federal)for organic material removal
and backfilled to a depth of 6 feet-8 feet,or an alternative depth as determined by best
available scientific data and authorized by the state and federal permitting agencies,from
artificial canals characterized as having poor or fair water quality within the 2013 Monroe
County Canal Management Master Plan are exempt from the provisions in Policy 202.8.4.
Two(2)demonstration pilot canal restoration projects will remove decomposing organic material
from previously dredged artificial canals(down to the bedrock)without backfilling.To evaluate CL
the effectiveness of this removal strategy,without any backfilling,and to determine if water
quality can be restored and maintained,water quality monitoring of these two(2)organic
removal pilot projects shall be conducted at a two(2)year point of time and a ten(10)year point
LO
of time after completion of the pilot projects.After the two(2)year and ten(10)year monitoring,
the County shall request a water quality report from the Water Quality Protection Program CD I
(WQPP)to determine the pilot projects'effectiveness in improving dissolved oxygen CNI
concentrations,as identified in the surface water quality criteria in Ch.62-302.530, F.A.C.,in the CD
N
two(2)organic removal pilot projects canals. If the WQPP does not provide the water quality I
report,the County shall fund and conduct the water quality report. If the water quality report for CD
the two(2)year monitoring indicates improved water quality,additional canal restoration I
projects,beyond the two(2)pilot projects,to perform organic material removal to depths greater LO
than minus six(-6)feet mean low water without backfilling to 6 feet-8 feet may proceed.
Upon determination of the two(2)pilot projects'effectiveness and an amendment to this Policy,
the exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities
(County,State,or Federal)for organic material removal of previously dredged artificial canals
characterized as having poor or fair water quality within the 2013 Monroe County Canal
Management Master Plan.The organic material removal shall be allowed to depths greater than
minus six(-6)feet mean low water,if permitted by Florida Department of Environmental
Protection or the Water Management District and the Army Corp of Engineers. (,
For this policy,hydraulic(vacuum)dredging shall be considered the preferred means of removal CO
of the organic material. If hydraulic dredging is not proposed to accomplish the organic material
removal,a public hearing before the Board of County Commissioners(BOCC)shall be required
U
Packet Pg. 2276
prior to issuance of a county permit.The BOCC shall hold a public hearing on the request to
use an alternative dredging methodology and shall consider the cost,rationale,compatibility,
complications and public comments.The public hearing shall provide the applicant the
opportunity to address the issues regarding the proposed canal restoration project,including but
not limited to,sediment size,logistical/accessibility limitations,obstructions and/or equipment
constraints.The BOCC may grant,grant with conditions or deny the request to use an
alternative dredging methodology.(Ord.No.001-2015, 15-2ACSC-NOI-4401-(A)—(I);Ord. No.
010-2018,§1,5-16-2018) CNI
CD
Policy 202.4.8 CNI
0
No"after-the-fact"permits shall be issued that violate Monroe County dredge and fill
regulations.All illegal structures and fill shall be removed and damages mitigated.[F.S.§
163.3177(6)d.2.b.,e.](Ord. No.010-2018,§1,5-16-2018) 0
Objective 202.5
Monroe County shall continue to coordinate with other local governments and with state and federal y
agencies to address existing and regional water management practices on the Florida mainland
which may affect:
1. the conservation, use and protection of water quality, marine benthic communities, and
fisheries in Florida Bay;and
2. the wetlands, unique vegetative communities, and species of special status on mainland
Monroe County.[F.S.§163.3177(6)d.2.b.,e.,g.]
0
Policy 202.5.1
Monroe County shall meet periodically with agencies and local governments in the region to
discuss water management practices and potential issues related to:
1. the delivery of water, both in terms of quantity and quality, to Card Sound, Barnes Sound
and Florida Bay;and CIL
2. alternatives to offshore disposal of waste.
These agencies and local governments may include:
LO
1. National Park Service; I
2. Florida Department of Environmental Protection; N
3. South Florida Water Management District; NI
4. Miami-Dade County; NI
5. Collier County; LO
I
6. South Florida Regional Planning Council;and
7. Environmental Protection Agency.[F.S.§163.3177(6)d.2.b.,e.,g.]
Policy 202.5.2
Monroe County shall monitor and provide input on future revisions to the following plans:
1. Surface Water Improvement and Management Plan for the Everglades;
2. Surface Water Improvement and Management Plan for Biscayne Bay;
3. any additional Surface Water Improvement and Management Plans which may be
completed for Monroe County waters;
U
Packet Pg. 2277
4. Everglades National Park General Management Plan;and
5. Big Cypress National Preserve General Management Plan. [F.S. § 163.3177(6)d.2.b., e.,
g-] m
GOAL 203
The health and integrity of living marine resources and marine habitat,including mangroves,seagrasses,
coral reefs,other hard bottom communities and fisheries,shall be protected and,where possible, CNI
restored and enhanced.[F.S.§163.3177(6)d.2.b.,e.,j.] CD
N
4-
Objective 203.1
Monroe County shall protect its mangrove wetlands by continuing to implement regulations which will
further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of 0
development upon mangroves.[F.S.§163.3177(6)d.2.b.,e.,j.]
Policy 203.1.1
N
The open space requirement for mangrove wetlands shall be one hundred(100)percent.No fill
or structures shall be permitted in mangrove wetlands except for elevated, pile-supported
walkways,docks,piers and utility pilings.[F.S.§163.3177(6)d.2.b.,e.,j.]
Policy 203.1.2
Monroe County shall require minimum vegetated setbacks of fifty(50)feet to be maintained as
an open space buffer for development occurring adjacent to all types of wetlands except for
tidally inundated mangrove fringes and as provided for in Policy 204.2.3,204.2.4 and 204.2.5. If
a 50-foot setback results in less than 2,000 square feet of principal structure footprint of
reasonable configuration,then the setback may be reduced to allow for 2,000 square feet of
principal structure footprint of reasonable configuration,provided that the setback is not reduced
to less than twenty-five(25)feet.On properties classified as scarified adjacent to wetlands,the
wetland setback may be reduced to twenty-five(25)feet,without regard to buildable area,if the CIL
IL
entire setback is managed in accordance with County regulations approved by the County
Biologist and is placed under conservation easement.[F.S.§163.3177(6)d.2.b.,e.,j.]
Objective 203.2LO
Monroe County shall protect submerged lands vegetated with seagrasses by maintaining regulations
which further reduce direct and indirect disturbances to seagrasses.[F.S.§163.3177(6)d.2.b.,e.]
Policy 203.2.1 NI
Monroe County shall continue to prohibit the location of mooring sites over submerged land I
which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of LO
water depth,except as may be permitted by the FDEP.This prohibition shall not apply to
mooring fields,if there is an overriding public interest or benefit.Applicants for mooring fields
shall provide data and analysis demonstrating environmental,social,and economic benefits
which would accrue to the public at large as a result of a proposed facility.[F.S.§
163.3177(6)d.2.b.,e.]
Policy 203.2.2
tJ
Monroe County shall continue to prohibit the termination of docking facilities and piers over
submerged land which is vegetated with seagrasses or characterized by a hard-bottom
community,regardless of water depth,except as may be permitted by the FDEP.Design criteria
to permit sunlight to reach the bottom shall be maintained.No boat shelters or gazebos shall
U
Packet Pg. 2278
extend over submerged lands vegetated with seagrasses or over hardbottom communities.
[F.S.§163.3177(6)d.2.b.,e.]
Policy 203.2.3
Monroe County shall continue to:
1. prohibit new dredging in the Florida Keys;and
2. prohibit maintenance dredging within areas vegetated with seagrass beds except for N
maintenance dredging in public navigation channels and as provided in Policy 202.4.3 for
canals.(See Objective 202.4 and related policies.)[F.S.§163.3177(6)d.2.d.,e.]
Policy 203.2.4 >
0
Monroe County shall continue to support the public education program for users of the Florida
Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary
Revised Management Plan(U.S.Dept.of Commerce,NOAA).This program promotes user
education related to,among other items,seagrass bed conservation and navigational safety in y
nearshore waters.[F.S.§163.3177(6)d.2.d.,e.]
Objective 203.3
Monroe County shall continue to support state and federal agencies in development and
implementation of management measures designed to protect coral reefs and other hardbottom
communities located in the waters off the Florida Keys.[F.S.§163.3177(6)d.2.d.,e.]
Policy 203.3.1
Monroe County shall continue to support the public education program for users of the Florida
Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary
Revised Management Plan(U.S.Dept.of Commerce,NOAA).This program promotes user
education related to,among other items,coral reef conservation and navigational safety.[F.S.§
163.3177(6)d.2.d.,e.,f.] CIL
Policy 203.3.2
LO
Monroe County shall continue to protect,preserve,and enhance the coral reefs and other
hardbottom communities through its land development regulations which address water quality I
(See Conservation and Coastal Management Element Goal 202 and related objectives and N
policies),including efforts to: CD
CNI
1. limit the location of water-dependent activities to locations that will not have a significant CD
N
adverse impact on the offshore resources of hard coral bottoms and other hardbottom
communities; LO
I
2. control and regulate land and water activities in the vicinity of coral and other hardbottom
0
communities as identified in the Florida Keys Coastal Management Study in an effort to
arrest further deterioration;and
3. include the strategies identified in the Florida Keys National Marine Sanctuary Revised
Management Plan.[F.S.§163.3177(6)d.2.d.,e.,f.]
Policy 203.3.3
tJ
Monroe County shall support the objectives and action steps of the Florida Reef Resilience
Program Climate Change Action Plan for the Florida Reef System.In addition to supporting
actions to protect coral reefs,the County shall also support the actions as they may apply to
other hardbottom communities.This includes the following actions identified in that Plan:
U
Packet Pg. 2279
Action 1.2.4:Protect species and habitats that are highly vulnerable to climate change(e.g.
corals,marine turtles,mangroves,etc.)from non-climate pressures(e.g.direct damage from
divers,fishing gear,anchors or boats,beach nourishment,coastal construction impacts,land-
based sources of pollution).
Action 1.2.6:Prohibit any new dredging or other direct destruction of coral reefs.
Action 1.3.3:Consider limiting certain kinds of development that are at risk from sea level rise.
Action 1.4.4:Work through the proposed Florida Reef System Management Council(or other
appropriate venue)to revise regulations on coastal development and beach nourishment
0
projects to minimize sedimentation,storm water runoff,and other water quality impacts to the
Florida reef system.
0
Action 1.6.3:Work with local fishing,boating,and diving industries to promote minimum impact
reef use activities(e.g.appropriate fishing gear,catch-and-release fishing,trip-rigged anchors
and manual anchor placement in sand)and voluntary avoidance of bleached,diseased or
otherwise stressed coral reefs. N
Action 2.2.2:Involve community members,elected officials,visitors and Florida diving,fishing,
and other maritime industries in climate change science and monitoring efforts on the Florida
Reef System.
Action 2.3.4:Identify,support,and showcase"climate smart"coastal/marine organizations and
businesses(including reef-based industries,ports and harbors,local governments and
individuals)that increase sustainability of reef-related activities and reduce greenhouse gas
emissions,such as energy and water efficiency,alternative energy and carbon offsets.
0
Objective 203.4 ME
0
Monroe County shall support state and federal agencies in development and implementation of
management measures designed to protect the fisheries of the Florida Keys.[F.S.§
163.3177(6)d.2.d.—g.] CIL
Policy 203.4.1
Monroe County shall periodically coordinate with FWC and other applicable agencies to LO
encourage best practices to protect natural habitats in regards to commercial and recreational I
fishing gear and methods.
N
Policy 203.4.2
Monroe County shall continue to propose actions for consideration by the Florida Fish&Wildlife
Conservation Commission Division of Marine Fisheries Management and the National Marine LO
Fisheries Service designed to reduce adverse impacts of the Spiny Lobster Sport Season on I
the lobster fishery and sensitive marine resources of the Florida Keys.[F.S.§
163.3177(6)d.2.e.]
Policy 203.4.3
Monroe County shall periodically meet with the Florida Fish and Wildlife Conservation
Commission Division of Marine Fisheries Management,State and federal agencies,and
research organizations to assess measures which could be implemented by Monroe County to CJ
protect the fisheries of the Florida Keys.To the extent practicable,Monroe County shall take
steps to implement such protection measures as may be identified through this cooperative
effort.[F.S.§163.3177(6)d.2.e.]
U
Packet Pg. 2280
Policy 203.4.4
Monroe County shall support the efforts of the agencies having jurisdiction to implement the
Florida Keys National Marine Sanctuary Revised Management Plan.[F.S.§163.3177(6)d.2.e.]
Policy 203.4.5
Monroe County shall continue to support scientific studies regarding stresses on seagrass,coral r
and other hardbottom community ecosystems in the Florida Keys region.[F.S.§ CD
N
163.3177(6)d.2.e.] N
4-
0
Policy 203.4.E
Monroe County shall encourage private and non-profit groups,as well as public agencies,in
promoting aquaculture which augments fisheries,limits stress on fisheries,and/or replaces 0.
depleted stock in the Florida Keys.[F.S.§163.3177(6)d.2.e.] '
Objective 203.5 vj
Monroe County shall continue to review the recommendations and options identified in The Boating
Impacts Management Plan Final Report(1992);Keys-Wide Mooring Field System Preliminary
Planning Document(2002) ;and Development of a Boating Management Plan for the Boca Chica
Harbor Area(2008),which are designed to reduce adverse impacts on water quality and living
marine resources associated with recreational boating.[F.S.§163.3177(6)d.2.e.]
Policy 203.5.1
Monroe County shall maintain criteria for marina siting which shall meet or exceed state
standards.(See Objective 212.3 and related policies.)[F.S.§163.3177(6)d.2.b.,e.,i.]
Policy 203.5.2
Monroe County shall maintain a plan for mooring buoy sites,including: CL
1. live-aboard mooring sites(See Policy 202.3.4);and
2. short-term recreational mooring sites. L
Identification of mooring sites shall be undertaken in coordination with NOAA and FDEP,and I
shall be consistent with recommendations of the Florida Keys National Marine Sanctuary CD
Management Plan.[F.S.§163.3177(6)d.2.b.,e.,i.] CD
N
Policy 203.5.3 CD
CNI
Monroe County shall support a boater education program in coordination with the Cooperative LO
Extension Service, Florida Sea Grant, FDEP, FWC,FKNMS,federal and State agencies,NOAA
and research organizations.[F.S.§163.3177(6)d.2.b.,e.,i.]
GOAL 204
The health and integrity of Monroe County's marine and freshwater wetlands shall be protected and, N
where possible,restored and enhanced.
Objective 204.1 U
U
Monroe County shall identify potential wetland restoration sites and identify high quality wetland sites
for possible future acquisition by the County,State and/or private non-profit conservation
organizations.[F.S.§163.3177(6)d.2.j.,k.]
U
Packet Pg. 2281
Policy 204.1.1
Monroe County may coordinate with other agencies in developing and administering a wetlands
restoration program.
Policy 204.1.2
Monroe County shall work cooperatively with the USACE,EPA, FWS, FDEP and FWC,and
others as appropriate,to determine funding sources to support a wetlands restoration program.
[F.S.§163.3177(6)d.2.j.,k.] tV
0
Policy 204.1.3
Monroe County shall coordinate with the FWC to update as needed and maintain the existing
freshwater wetlands and disturbed wetlands mapping.
Objective 204.2
N
Monroe County shall not allow the loss of undisturbed wetlands or the net loss of disturbed wetlands.
[F.S.§163.3177(6)d.2.j.,k.]
Policy 204.2.1
Monroe County shall utilize the Wetlands Evaluation Procedure(KEYWEP)to determine the
functional capacity of wetlands and Uniform Mitigation Assessment Method(UMAM)to
determine mitigation requirements for impacts to wetlands.[F.S.§163.3177(6)d.2.j.,k.]
0
Policy 204.2.2 —
To protect submerged lands and wetlands,the open space requirement shall be 100 percent of
the following types of wetlands:
1. submerged lands; CL
2. mangroves;
3. salt ponds;
LO
4. freshwater wetlands;
I
5. freshwater ponds;and CD
tV
CD
6. undisturbed salt marsh and buttonwood wetlands. tV
1
Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and tCD
V
undisturbed salt marsh and buttonwood wetland only for use as transferable development rights 1
away from these habitats.Submerged lands,salt ponds,freshwater ponds and mangroves shall LO
1 not be assigned any density or intensity.Within one(1)year after the adoption of the 2030
Comprehensive Plan,the County shall revise the LDC to include a prohibition of development in
salt ponds.[F.S.§163.3177(6)d.2.j.,k.]
Policy 204.2.3 N
No structures shall be permitted in submerged lands,mangroves,salt ponds,or wetlands,
except for elevated, pile-supported walkways,docks,piers,and utility pilings.No fill shall be
permitted in submerged lands,mangroves,salt ponds,or wetlands except;
1. as specifically allowed by Objective 212.5 and subsequent Policies;
U
Packet Pg. 2282
2. to fill a manmade excavated water body, such as a canal, boat ramp, or swimming pool if
the Director of Environmental Resources determines that such filling will not have a
significant adverse impact on marine or wetland communities;or
3. as needed for shoreline stabilization or beach renourishment projects with a valid public
purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined
by the County.
Policy 204.2.4
CN
No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy
204.2.3(as amended)and for bridges extending over mangroves or wetlands that are required
to provide automobile or pedestrian access to dwelling units located on upland areas within the
same property for which there is no alternative means of access. Such bridges shall be elevated >
on pilings such that the natural movement of water,including volume,rate,and direction of flow
shall not be disrupted or altered.Upland areas shall include disturbed wetlands that have been
lawfully converted into uplands through filling.[F.S.§163.3177(6)d.2.j.,k.]
Policy 204.2.5 �N
Monroe County shall maintain environmental standards and environmental design criteria which
provide minimum vegetated setbacks of fifty(50)feet to be maintained as an open space buffer
for development occurring adjacent to all types of wetlands except for tidally inundated
mangrove fringes and as provided for in Policies 204.2.3,and 204.2.4.The setback is
measured from the landward extent of the wetlands as determined pursuant to 62-340.300
F.A.C.
0
If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of
reasonable configuration,then the setback may be reduced to allow for 2,000 square feet of
principal structure footprint of reasonable configuration,provided that the setback is not reduced
to less than twenty-five(25)feet.On properties classified as scarified adjacent to wetlands,the
wetland setback may be reduced to twenty-five(25)feet,without regard to buildable area,if the
entire setback area is planted and maintained in native vegetation with a site-suitable CL
stormwater management plan in accordance with County regulations and approved by the
County Biologist and placed under conservation easement."Development"shall include all
activities as currently defined in the F.S.380.05.[F.S.§163.3177(6)d.2.j.,k.]
LO
Policy 204.2.E
I
Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall
evaluate revising the LDC to modify the definition of disturbed wetlands to include those N
wetlands that receive a KEYWEP total functional index of 5.5 or less. I
N
Policy 204.2.7 LO I
I
Within one(1)year after the adoption of the 2030 Comprehensive Plan Update,Monroe County
shall revise the LDC to provide a definition of wetlands that is consistent with the State definition
contained in 62-340.200(373.019(17)F.S.).
Policy 204.2.8
Monroe County shall attempt to ensure that dredge and fill activities that require permits from
federal,state,regional,and county regulatory authorities are done through a coordinated
interagency review process. (HB530)J Commented[edt]:Old legislative reference?
Policy 204.2.9
U
Packet Pg. 2283
No"after-the-fact"permits shall be issued that violate Monroe County dredge and fill
regulations.All illegal structures and fill shall be removed and damages mitigated.
Policy 204.2.10
Monroe County shall maintain,and update as necessary,a schedule of monetary penalties that
provides for fair and equitable penalties for all dredge and fill violations.Penalty revenues shall
be paid to the Monroe County Environmental Land Management and Restoration Fund or set r
aside and used specifically for water quality enhancement projects or wetland restoration or CD
N
enhancement projects. N
4-
0
Objective 204.3
Monroe County shall maintain a program for acquiring or restoring high quality wetlands.(See Future
Land Use Objective 102.4 and related policies.)[F.S.§163.3177(6)d.2.e.,j.] 0.
Policy 204.3.1
N
The Monroe County Growth Management Division in coordination with the Monroe County Land
Authority and other federal and state agencies will continue with wetlands acquisition through
the Florida Forever program,and other funding mechanisms such as the Monroe County Land
Acquisition Fund.Priority wetland acquisition sites shall include the following:
1. wetlands having the greatest functional value as determined by KEYWEP;
2. wetlands which are documented habitat of species of special status;and/or
3. undisturbed and disturbed wetlands located within the Improved Subdivision(IS)zoning
district.[F.S.§163.3177(6)d.2.e.,j.]
GOAL 205
The health and integrity of Monroe County's native upland vegetation shall be protected and,where
possible,enhanced.[F.S.§163.3177(6)d.2.d.,h.] CIL
Objective 205.1
Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2.[F.S.§ LO
163.3177(6)d.2.d.,h.] I
Policy 205.1.1 N
N
The County shall establish the following criteria,at a minimum,to use when designating Tiers:
[F.S.§163.3177(6)d.2.d.,h.]
LO
1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I I
based on following criteria:
0
• Natural areas including old and new growth upland native vegetated areas,above 4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches and reduce further N
fragmentation of upland native habitat.
tJ
• Lands required to provide an undeveloped buffer,up to 500 feet in depth,if indicated by appropriate (,
special species studies,between natural areas and development to reduce secondary impacts;canals or
roadways,depending on size may form a boundary that removes the need for the buffer or reduces its ca
depth.
U
Packet Pg. 2284
• Lands designated for acquisition by public agencies for conservation and natural resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within
a buffer/restoration area as appropriate.
r
• Areas with minimal existing development and infrastructure. N
CD
CNI
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
Plan for those islands. >
0
3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
0.
shall be designated Tier III. 0.
4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
hardwood hammock or pinelands of one acre or greater in area shall be designated as 0)
Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded from any Tier
designation.
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity
Study(FKCCS),Monroe County shall maintain land development regulations which further protect
and provide for restoration of the habitat values of upland native vegetated communities,including
hardwood hammocks and pinelands.[F.S.§163.3177(6)d.2.d.,h.]
0
Policy 205.2.1
Monroe County shall maintain the boundaries of the tier system overlay based on the criteria in CIL
Policy 205.1.1.
Policy 205.2.2
LO
Monroe County shall discourage developments in Tier I and within tropical hardwood hammock 1
or pinelands of one acre or more in area to protect areas of native upland vegetation(See
Policy 101.6.4).[F.S.§163.3177(6)d.2.d.,h.]
N
Policy 205.2.3 1
N
Monroe County shall maintain clustering requirements as follows: LO I
I
1. when a parcel proposed for development contains more than one (1) habitat type,
development shall be:
a) clustered on the least sensitive portion of the parcel, until the maximum allowable
density is reached;
b) if further development occurs, it shall be clustered on the next least sensitive portion
of the parcel,until maximum allowable density is reached,etc.;and
2. development permitted on the least sensitive portion(s)of a parcel shall be clustered within
that portion(s)of the parcel.
U
Packet Pg. 2285
For the purpose of this policy,the relative sensitivity of separate habitat types shall be as listed
0
below with 1 (freshwater wetlands)being the most sensitive and 16(disturbed with exotics)the
least sensitive.
1. Freshwater wetlands;
2. Salt marsh and/or buttonwood association wetlands;
3. Cactus hammock; r
N
4. Palm hammock; N
5. Beach/berm;
6. Pinelands
7. High Hammock
8. Low hammock
9. Disturbed beach/berm;
U7
10. Disturbed with freshwater wetlands;
11. Disturbed with salt marsh and/or buttonwood association wetlands;
12. Disturbed with slash pines;
13. Disturbed with high hammock;
14. Disturbed with low hammock;
15. Disturbed;and
16. Disturbed with exotics.
4-
Policy 205.2.4
Bulk regulations and development standards shall be reviewed and revised so as to allow
greater flexibility for clustering. CIL
Policy 205.2.5
Existing Conditions Reports shall include identification of measures for protecting native upland LO
vegetation.Successful implementation of these measures shall be required as a condition of I
issuance of a certificate of occupancy. [F.S.§163.3177(6)d.2.d.]
N
Policy 205.2.6
The allowable amount of permitted clearing of native upland vegetation communities shall be NI
defined by habitat and the location of the property in the tier overlay district maps.Clearing of u7
upland native vegetation communities in the Tiers I, II,III and III-A(SPA)shall be limited for the I
portion of the property containing upland native vegetation in accordance with Policy 101.5.27.'
[F.S.§163.3177(6)d.2.d.]
'Clearing on Big Pine Key and No Name Key is limited to the provisions in the USFWS issued
Incidental Take Permit(ITP)TE083411-0.
Policy 205.2.7
tJ
Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy
101.5.27. For applications that receive points for lot aggregation under the Permit Allocation
System for residential development,clearing of upland native vegetation shall be limited to a
maximum of 7,500 square feet,or as specified in Policy 101.5.27.The immediate development
U
Packet Pg. 2286
area shall include the area of approved clearing shown on the approved site plan.The
immediate development area shall be fenced throughout the duration of construction. During
construction,there shall be no disturbances of the ground surface and vegetation within areas
of native upland vegetation not approved for clearing.[F.S.§163.3177(6)d.2.d.](Ord.No.026-
2012)
Policy 205.2.8
r
Development shall not disturb the following vegetation: tCD
V
tV
1. champion trees;
2. specimen trees(diameter at breast height that is greater than seventy-five(75) percent of
the record tree of the same species for the State of Florida);and
0
3. plant species listed by the USFWS as threatened and endangered. [F.S. §
163.3177(6)d.2.d.,h.]
Policy 205.2.9 W
N
Development shall be sited so as to avoid or minimize impacts to the following plants:
1. species listed by the Florida Department of Agriculture and Consumer Services as
threatened, endangered or commercially exploited (excluding those specifically protected
by Policy 205.2.8);
2. other locally rare native species(See Policy 205.3.1);and
3. native trees with diameter at breast height(dbh)of four(4)inches or greater.
0
In those instances where an applicant can demonstrate that avoidance of such species or trees ME
is not possible by clustering or by an alternate design approach,then the following options shall
be considered by the County Biologist:
(1) Successful transplantation of affected plants/individuals("successful transplantation"shall
CIL
be defined as one-hundred(100)percent survival after a period of one(1)year);or
(2) Where the probability of survivability of transplanted plants is low or when there is no
suitable planting area on the subject site(as determined in writing by the County Biologist),
then the applicant shall be required to make a payment into the Monroe County Land LO
Management and Restoration Fund (See Goal 209 and related objectives and policies). I
Payments into this Fund for this purpose shall be calculated as follows: Payments shall be tV
equal to the replacement cost at a rate of 2:1 for all native trees over four inches dbh; all
listed species of any size;and all locally rare native species.[F.S.§163.3177(6)d.2.d.] I
Policy 205.2.10 tV
I
Invasive exotic vegetation shall be removed from the development parcel as a condition for LO
issuance of a Certificate of Occupancy.[F.S.§163.3177(6)d.2.d.]
0
Policy 205.2.11
A list of invasive exotic upland plants shall be maintained by the County biologist and made
available to the general public.[F.S.§163.3177(6)d.2.d.]
Policy 205.2.12
tJ
Monroe County shall use the"December 1985 Habitat Classification Aerial Photographs,"as a
general guide to habitat characteristics,supplemented by recent aerial photography and
existing site analysis to determine any increases and/or losses in the amount of upland native
U
Packet Pg. 2287
vegetated areas.The County biologist shall review the best available data for the review of
habitat areas.
Policy 205.2.13
Monroe County shall require,in the Land Development Code,an Existing Conditions Report
including a vegetation survey for any development that may disturb native upland vegetation.At
a minimum the report shall include an analysis of the potential impacts of the proposed r
development on native upland habitats,a description of the measures designed to reduce N
identified adverse impacts including clustering. N
0
Objective 205.3
Monroe County shall maintain the existing program for identification and protection of plant species
of special status.These shall include plants designated as threatened and endangered by the FWS 0.
and those designated as threatened,endangered,or commercially exploited by the Florida 0.
Department of Agriculture.[F.S.§163.3177(6)d.2.d.,e.]
U7
Policy 205.3.1
Monroe County shall maintain a list of locally rare plant species.This list shall include species
which are rare within the Florida Keys but which do not have special status.[F.S.§
163.3177(6)d.2.d.,e.]
Policy 205.3.2
Monroe County shall maintain maps showing occurrences of the following species:
1. plant species designated by the FWS as threatened and endangered;
0
2. plant species designated by the Florida Department of Agriculture as threatened, —_
endangered or commercially exploited;and
3. plant species designated as locally rare. CIL
Information shall be obtained from the Florida Natural Areas Inventory database,which shall be
entered into the County's GIS.To the extent possible,the historic occurrence data shall be
plotted on specific parcels for which the occurrences were recorded.The GIS data base shall LO
be updated annually.[F.S.§163.3177(6)d.2.d.,e.] =I
CD
Policy 205.3.3 N
CD
CNI
Monroe County shall participate in the Florida Champion Tree Program of the Florida CD I
Department of Agriculture.[F.S.§163.3177(6)d.2.d.,e.] CNI
Policy 205.3.4 LI
C
Monroe County shall work cooperatively with the FWS to promote the recovery of plant species
designated by the federal government as threatened and endangered.Related activities shall
include:
1. identification of sites in the Keys with key tree-cactus ( Polosocereus polygonus), Small's
milkpea( Galactia smallii),and Garber's spurge(Chamaesyce garberi);
2. notification to the FWS when development proposals are received for sites having historic
and/or current occurrences of federally-designated plant species list in(1.)above;
3. cooperation with the FWS in locating potential introduction sites for federally-designated
plant species;and �--
U
Packet Pg. 2288
4. technical assistance,and where possible,financial assistance,with acquisition of:
0
a) sites having known populations of federally-designated plant species;or
b) sites deemed highly suitable as re-introduction sites for such species. [F.S. §
163.3177(6)d.2.d., e.]
Objective 205.4
r
Monroe County,together with private,state,and federal agencies,shall maintain a program for N
acquiring and maintaining native upland habitat to implement Goal 105 and the recommendations in
the FKCCS.(See Future Land Use Objective 102.4 and related policies).[F.S.§163.3177(6)d.2.d.,
0
e.]
Policy 205.4.1
The Monroe County Division of Growth Management shall work cooperatively with the Monroe 0.
County Land Authority and other responsible state and federal agencies in developing and 0.
administering the acquisition program.Acquisition shall be undertaken to implement the Monroe
County Land Acquisition Master Plan(Objective 102.4).[F.S.§163.3177(6)d.2.d.,e.] N
Policy 205.4.2
Monroe County shall support the acquisition of native upland habitat for conservation within
areas designated Tier I,Tier II,Tier III-A(SPA),and Florida Forever project boundaries. [F.S.§
163.3177(6)d.2.h.]
Policy 205.4.3
Monroe County shall continue to restore and maintain native upland vegetation systems on
County-owned lands.[F.S.§163.3177(6)d.2.d.,e.]
0
GOAL 206
0
Monroe County shall protect and conserve existing wildlife and wildlife habitats.[F.S.§163.3177(6)d.2.e.]
Objective 206.1 CL
Monroe County shall continue to enforce land development regulations which protect wildlife and
wildlife habitat from adverse impacts of development.
LO
Policy 206.1.1
I
An Existing Conditions Report(ECR)shall be required for land development projects that N
impact or propose removal of native habitat.
As part of the ECR,the applicant shall be required to provide the following information related to N
wildlife and wildlife habitat: LO
I
1. a vegetation survey that identifies the distribution and quality of native habitats;
0
2. an assessment of any endangered/threatened or protected species (which is known to
occur or for which potential suitable habitat occurs)within the parcel or lot proposed to be
developed;and
3. identification of measures that will avoid or lessen the identified wildlife impact.
Monroe County shall,when deemed appropriate,incorporate wildlife impact avoidance
measures as stipulations for the land development order.
tJ
Policy 206.1.2
Development shall be prohibited on offshore islands(including spoil islands)which have been
U
Packet Pg. 2289
documented as an established bird rookery,based on resource agency best available data or
survey. �
Policy 206.1.3
Clustering requirements shall be revised so as to reduce habitat fragmentation(See Policy
205.2.3).
r
Policy 206.1.4 N
N
Monroe County shall implement a'Permit Referral Process"for review of all development that
0
occurs within areas designated as"Species Focus Areas(SFAs)"or"Species Buffer Areas
(SBAs)".The SFAS or SBAs are areas identified by the U.S. Fish and Wildlife Service(USFWS)
which contain potentially suitable habitat for nine federally protected species including:Eastern
Indigo Snake,Key Deer,Key Largo Cotton Mouse,Key Largo Woodrat,Key Tree-Cactus, 0.
Lower Keys Marsh Rabbit,Schaus Swallowtail Butterfly,Silver Rice Rat,and Stock Island Tree 0.
Snail. <
Monroe County shall work cooperatively with USFWS and the Federal Emergency Management N
Agency(FEMA)to review permit applications for compliance with the Federal Endangered
Species Act through the'Permit Referral Process"within the floodplain regulations.The
purpose of the'Permit Referral Process"is to implement regulations that will assure,consistent
with the 10th Amendment to the U.S.Constitution,state and county regulations, proper record
retention,coordination,and notification of FEMA and USFWS regarding permit applications filed
with or issued by Monroe County.
Policy 206.1.5
0
Monroe County shall work cooperatively with USFWS in requiring any development permit
application within Critical Habitat or designated potentially suitable habitat for federally listed
threatened and endangered species that are not included in the USFWS April 30,2010
Biological Opinion,and/or are not included in the species addressed under the'Permit Referral
Process"in Policy 206.1.4 above,to consult directly with USFWS and provide authorization CIL
from USFWS to Monroe County before commencement of development.
Objective 206.2
LO
Monroe County shall provide guidance to private landowners to reduce disturbances to wildlife I
species designated by the FWS as threatened or endangered. N
Policy 206.2.1 N
I
Monroe County shall distribute management guidelines(if available)for wildlife species NI
designated as threatened and endangered by the state and federal governments. LO
C
The guidelines shall provide public education to residents and prospective developers within
critical habitat areas regarding activities disruptive or harmful to specific wildlife species.As
appropriate for each species,the guidelines may address items such as feeding,free-roaming
domestic pets,invasive exotic species,noise,traffic,fencing,pesticide applications,etc.
Policy 206.2.2
Monroe County shall make the management guidelines for designated wildlife species available CJ
to the general public.
Policy 206.2.3
U
Packet Pg. 2290
Monroe Count may,as appropriate,incor orates specific management guidelines for federally-
designated Y Y, P P 9 9 Y-
designated wildlife species as conditions for development orders.
Objective 206.3
Monroe County shall protect native wildlife species,especially state-and federally-designated
species,from disturbance and predation by free-roaming domestic pets,particularly cats and dogs.
r
Policy 206.3.1 CD
N
CNI
Big Pine and No Name Keys shall be areas where the County shall strive to control free-
0
roaming cats and dogs.
Policy 206.3.2
The control of free-roaming cats and dogs shall be of continuing interest for the following at risk
listed species:Key Largo Cotton Mouse,Key Largo Woodrat,Lower Keys Marsh Rabbit,and W
the Silver Rice Rat.
0)
Objective 206.4
Monroe County shall protect its native wildlife populations from invasive exotic wildlife species.
Policy 206.4.1
To limit negative impacts to native fish and wildlife,Monroe County shall support Federal,State
and non-governmental programs designed to avoid the introduction and establishment of,and
to encourage the removal of,exotic invasive species;including but not limited to,supporting
lionfish derbies.
0
Objective 206.5
Monroe County shall continue to discourage the destruction of,and work toward the recovery of,the CIL
federally-designated Key deer(Odocoileus virginianus clavium)and to protect its habitat;through the
implementation of the policies incorporated herein.
Policy 206.5.1 L
Monroe County shall regulate future development and coordinate the provision of public CD I
facilities on Big Pine Key and No Name Key,consistent with the Goals,Objectives and Policies CNI
of this Comprehensive Plan and,the Incidental Take Permit(ITP)and Habitat Conservation CD
Plan(HCP)for Florida Key Deer and other Protected Species on Big Pine Key and No Name CD I
Key to: N
I
1. protect the Key deer; LO
2. preserve and enhance the habitat of the Key deer;and
3. maintain the rural,suburban,and open space character of Big Pine Key. (See Future Land
Use Objective 103.1 and related policies.)
Policy 206.5.2 N
Monroe County shall continue to designate Key deer habitat areas as acquisition sites for
conservation purposes,pursuant to Policy 102.4.2 and in accordance with the HCP&ITP.(See
Future Land Use Objective 102.4 and related policies).
Policy 206.5.3
U
Packet Pg. 2291
Big Pine Key and No Name Key shall be high priority areas for enforcement of animal control
0
laws.
Policy 206.5.4
Monroe County shall continue to meet with the FWS to determine measures which can be taken
by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key
deer. CNI
r
CD
Policy 206.5.5 CNI
4-
On an ongoing basis,Monroe County shall strictly enforce speed limits on roads on Big Pine,
No Name,Big Torch,Middle Torch,Cudjoe and Summerland and Sugarloaf Keys.Speed limits,
traffic calming devices and other measures shall be applied to lower the probability of vehicle
collisions with Key deer and Lower Keys marsh rabbits on County roads.
Objective 206.6 W
Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery
of,the Florida manatee( Trichechus manatus),American Crocodile(Crocodylus acutus),and
marine turtles,as well as to protect the habitat of these species.Species of marine turtles to be
protected shall include the Atlantic Loggerhead Turtle( Caretta caretta),Leatherback Turtle(
Dermochelys coriacea),Atlantic Hawksbill Turtle(Eretmochelys imbricata),Green Turtle(Chelonia
mydas),and Kemp's ridley Turtle(Lepidochelys kempi).
Policy 206.6.1
0
Monroe County shall maintain land development regulations pertaining to permitted uses,siting
of structures,disturbances,removal of invasive vegetation,and restoration of native vegetation
in beach/berm areas.(See Objective 210.1 and related policies).
Policy 206.6.2
CL
Monroe County shall continue to restore and maintain disturbed beach/berm areas on Monroe
County owned or managed public lands.(See Objectives 210.1 and 210.2).
Policy 206.6.3 LO
Monroe County shall maintain the turtle protection ordinance and shall periodically amend the 1
ordinance to reflect current Florida Fish&Wildlife Conservation Commission sea turtle lighting
guidelines.(62B-55 FAC; 161.163 F.S.)Regulations of this ordinance apply to existing and new N
development and generally accomplish the following: I
N
1. prohibit activities disruptive to marine turtles; LO 1
2. maintain standards for preventing interior lighting from illuminating nesting areas during the I
nesting season;
3. maintain standards for mechanical beach cleaning;and
4. protect marine turtles from predation.
Policy 206.6.4
Monroe County shall continue to protect marine turtles,crocodiles,and alligators from land
development activities.Regulations shall generally accomplish the following: Ca
1. restrict existing and prohibit new beachfront outdoor lighting in the vicinity of nesting areas;
U
Packet Pg. 2292
2. prohibit structures within fifty(50)feet of the crest of the beach/berm for any beach which is
known to serve as an active nesting area;
3. establish general standards for coastal construction in the vicinity of active nesting areas; p'
and
4. require removal of invasive exotic vegetation from development sites in beach/berms as a
condition of development approval for adjacent uplands.
r
Policy 206.6.5 N
N
Monroe County staff may attend routine training sessions in marine turtle handling.This training
shall qualify staff to handle marine turtles and their eggs,as appropriate,when they are
observed during beach site inspections.
0
Objective 206.7
Monroe County shall implement measures intended to protect the critical nesting and resting sites of W
its bird populations, including permanent and transient species.
N
Policy 206.7.1
Monroe County shall maintain regulations which limit land uses and establish protection
measures for nesting areas,including artificial nesting areas,of wading birds, hawks,falcons,
seabirds,shorebirds,and any bird species federally or state-listed as endangered,threatened,
or a species of special concern.
Policy 206.7.2
0
Monroe County shall include nesting areas,or other critical habitat of bird species federally or ME
state-listed as endangered,threatened,or a species of special concern,as potential acquisition
sites for conservation purposes.(See Future Land Use Objective 102.4 and related policies.)
Objective 206.8 CIL
IL
Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery
of,the federally-designated Schaus swallowtail butterfly(Heraclides aristodemus ponceanus)and
the Miami blue butterfly(Cyclargus thomasi bethunebakeri). L
Policy 206.8.1
N
Monroe County shall encourage the planting of larval food and nectaring plants within the range N
of the Schaus swallowtail butterfly habitat.Restoration sites shall be re-vegetated,in part,with
torchwood and other plants upon which this species depends.Tree donations for replacement N
of impacted potentially suitable habitat for the Schaus swallowtail butterfly shall include plants I
upon which this species depends. LO
I
C
Policy 206.8.2
Monroe County shall encourage the planting(in suitable habitats)of the types of plants upon
which the Miami blue butterfly depends. N
Objective 206.9
Monroe County shall implement activities to prohibit the destruction of,and work toward the recovery
of,the federally-designated Stock Island tree snail( Orthalicus reses).
Policy 206.9.1
U
Packet Pg. 2293
The Monroe County Biologist shall coordinate with USFWS and other resource agencies to
obtain periodic population counts for the Stock Island tree snail.
Policy 206.9.2
Monroe County shall coordinate with the Florida Keys Mosquito Control District to take actions
to direct spraying of mosquito control pesticides away from known populations and critical
habitat of the Stock Island Tree Snail. r
N
Policy 206.9.3
Monroe County shall cooperate with the USFWS in locating potential introduction sites for the
Stock Island Tree Snail.
0
Policy 206.9.4
Potential introduction sites for the Stock Island Tree Snail,which are not currently in public
ownership,shall be designated as acquisition sites for conservation purposes,pursuant to
Policy 102.4.2.Acquisition shall be considered through the Florida Forever program and other
funding mechanisms such as the Monroe County Land Acquisition Fund.
Objective 206.10
Monroe County shall implement activities to protect the habitat of,and to prohibit the destruction of,
and work toward the recovery of,the federally-designated eastern indigo snake(Drymachron corais
couperi),Key Largo wood rat(Neotoma floridana smalli),silver rice rat(Orzomys argentatus),Key
Largo cotton mouse(Peromyscus gossypinus allapaticola),American crocodile(Crocodylus acutus
),and the Lower Keys marsh rabbit(Sylvilagus palustris hefneri).
Policy 206.10.1
Monroe County,in cooperation with the FWS and FWC,shall identify wetland and native upland
habitats which are potentially suitable habitat for the following: CIL
IL
1. eastern indigo snake(Drymachron corais couperi)(sites from No Name Key to Sugarloaf
Key,on Big Torch Key, Middle Torch Key, Big Pine Key and Plantation Key);
2. silver rice rat ( Orzomys argentatus ) (sites on Cudjoe, Summerland, Big Torch, Middle LO
Torch,Saddlebunch,Little Pine,Raccoon,Water,and Johnson Keys); I
CD
3. Lower Keys marsh rabbit ( Sylvilagus palustris hefneri ) (sites on Sugarloaf, Welles, N
CD
Annette,Boca Chica, Big Pine and Hopkins Keys); N
I
4. Key Largo wood rat(Neotoma floridana smalli)(on Key Largo);
CNI
5. Key Largo cotton mouse(Peromyscus gossypinus allapaticola)(on Key Largo);and LO
6. American crocodile(Crocodylus acutus C I
0
Policy 206.10.2
Sites identified pursuant to Policy 206.10.1 shall be identified as priority acquisition sites for
conservation purposes.Particular emphasis shall be placed upon acquisition of identified y
wetland and native upland sites which are located within Improved Subdivisions.Acquisition
shall be considered through the Florida Forever program and other funding mechanisms such
as the Monroe County Land Acquisition Fund. CJ
tJ
Objective 206.11
U
Packet Pg. 2294
Monroe County shall implement activities to protect the habitat of,and to prohibit the destruction of,
0
and work toward the recovery of,the federally-designated American alligator(Alligator
mississippiensis).
Policy 206.11.1
Monroe County shall maintain land development regulations which establish the open space
requirement for freshwater ponds and freshwater wetlands at one-hundred(100)percent
(Monroe County BOCC, 1990).(See Policy 204.2.2)
N
Policy 206.11.2
0
Monroe County shall continue to protect the freshwater lens systems and associated recharge
areas on Big Pine Key and adjacent keys.Special measures shall be implemented to protect
the quantity and quality of groundwater recharge to the freshwater lenses.
GOAL 207 W
Monroe County shall protect,conserve,and appropriately use its soil and mineral resources.[F.S.§
163.3177(6)d.2.d.]
Objective 207.1
Within one(1)year after the adoption 2030 Comprehensive Plan,Monroe County shall adopt
revisions to the land development regulations which establish additional health,safety,and t8
environmental protection standards for the extraction or use of mineral resources.
0
Policy 207.1.1
New resource extraction activities and expansions to existing resource extraction operations
shall be prohibited.Oil and gas exploration,extraction and production in Monroe County shall
be prohibited.Monroe County shall also oppose oil,gas and mineral exploration,extraction and
production in the Florida Keys National Marine Sanctuary. CIL
Policy 207.1.2
Existing resource extraction operations may continue in accordance with the specific limitations LO
of their current permits.All existing resource extraction operations shall be required to utilize 1
methods to prevent permanent groundwater and surface water contamination during resource CD
extraction operations.These shall include but not be limited to the following: N
CNI
1. the first flush of runoff from the resource extraction site shall be retained on-site; CD 1
2. turbidity controls shall be used to prevent contamination of adjacent off-site surface waters; NI
and LO
I
3. all point sources of pollution shall be managed in accordance with applicable regulations of
the FDEP and the U.S.Army Corps of Engineers.
When an application for annual permit for existing resource extraction operations is proposed,
the requirement for groundwater and surface water quality protection measures shall be
attached as permit conditions.
Monitoring shall be required to determine compliance with state water quality standards. In the
event that water quality standards are violated as a result of a mining operation,the mining
activity shall be stopped,and relevant fines and required mitigation of habitat impacts shall be
fulfilled.
Policy 207.1.3
U
Packet Pg. 2295
Monroe County shall prohibit blasting for natural resource extraction.
Policy 207.1.4
Resource extraction activities shall not involve extraction below sixty(60)feet.
Policy 207.1.5
r
As a condition of renewal for operating permits,existing resource extraction operators shall N
submit the following plans:
1. stormwater management plan;
2. soil erosion and sedimentation control plan; >
0
3. fugitive dust control plan;
4. reclamation plan (consistent with standards adopted pursuant to Policy 207.1.8); the
reclamation plan shall be approved by Monroe County;
5. survey information documenting maximum depth of excavation and; N
6. proof of financial responsibility including a reclamation guarantee to ensure monies will be
available to complete the reclamation.
Policy 207.1.6
Monroe County shall periodically inspect permitted sites to verify compliance with provisions of M
the control plans and reclamation plan upon which the annual operating permit is conditioned.
0
Policy 207.1.7
No permit renewals for resource extraction shall be issued for uses that are not conforming to
the LDC.
Policy 207.1.8 CIL
Monroe County shall encourage reclamation in accordance with the LDC;the FDEP standards
contained in F.S.Chapter 378 Part IV;FDEP Rule 62C-36(Limestone Reclamation
Requirements);and FDEP Rule 62C-39(Reclamation Requirements for Solid Resource other u7
than Phosphate,Limestone,Heavy Minerals, and Fullers'Earth );whichever is most stringent. I
CD
Objective 207.2 CNI
CD
CNI
Within one(1)year after adoption of the 2030 Comprehensive Plan,Monroe County shall prepare an CD I
inventory of active and abandoned mining sites. CNI
I
Policy 207.2.1 LO I
C
Monroe County shall inventory active and abandoned resource extraction pits in the Florida
Keys.The inventory shall include,at a minimum,the location,ownership,parcel and pit size,
general assessment of remaining permitted resource potential,description of existing site
conditions,environmental problems for each pit,a description of the reclamation plan,and a
description of any financial assurances for reclamation.
Objective 207.3
tJ
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
develop a plan for the reclamation and productive reuse of active and abandoned resource ca
extraction sites.
U
Packet Pg. 2296
Policy 207.3.1
Monroe County shall work cooperatively with FDEP and South Florida Water Management
District(SFWMD)to identify alternatives for adaptive reclamation and productive reuse of
resource extraction pits in the Florida Keys.
Policy 207.3.2
r
Monroe County shall develop and implement a strategy for encouraging reclamation and N
productive reuse of active and abandoned resource extraction sites.This shall include resource
extraction sites presently exempted from reclamation.The strategy shall encourage owners of
0
resource extraction sites,and encourage adjacent property owners,to implement strategies for
reclamation and productive reuse.
0
GOAL 208
Monroe County shall discourage private land uses on its mainland,offshore islands and undeveloped
coastal barriers,and shall protect existing conservation lands from adverse impacts associated with N
private land uses on adjoining lands.[F.S.§163.3178(2)(f)]
Objective 208.1
Development of the mainland area of Monroe County and on the islands in the surrounding waters of
Florida Bay, Hawk Channel,and other waters within the legal boundaries of Monroe County shall be
controlled so as to reduce County public expenditures and to preserve the natural,cultural and t8
historic resources of these areas.(See Future Land Use Objective 102.5 and related policies.)[F.S.
§§163.3177(6)d.2.g.;163.3178(2)(f)]
Policy 208.1.1
0
Monroe County shall maintain land development regulations which control land use activities on
the mainland area and the islands within the legal boundaries of Monroe County.[F.S.§
163.3178(2)(f)] CL
Policy 208.1.2
Monroe County shall continue to discourage new private development in undeveloped areas LO
designated as units of the Coastal Barrier Resources System(CBRS).(See Future Land Use I
Objective 102.7 and related policies.)[F.S.§163.3178(2)(f)]
N
GOAL 209 N
I
Monroe County shall continue to maintain and restore,as needed,and as funding is available,native
habitat including marine,wetland,beach/berm,and native upland systems on County-owned or managed LO
conservation lands.[F.S.§163.3177(6)d.2.d.,e.; F.S.§163.3178(2)(e)] I
Objective 209.1
As funding is available,Monroe County shall continue to restore and maintain marine,wetland,
beach/berm and native upland systems on Monroe County owned or managed conservation lands. N
[F.S.§163.3177(6)d.2.e.,j.; F.S.§163.3178(2)(e)]
Policy 209.1.1 (,
tJ
Within one(1)year after the adoption of the 2030 Comprehensive Plan,a list of invasive exotic
plants shall be prepared by the Monroe County Land Steward.This list shall be updated as
necessary and shall be made available to the public.
U
Packet Pg. 2297
Policy 209.1.2
Priority wetland restoration sites shall be those disturbed wetlands having the greatest
functional value as determined through quantitative wetland assessment.[F.S.§
163.3177(6)d.2.d.,e.;F.S.§163.3178(2)(e),(f)]
Policy 209.1.3
r
Priority upland restoration sites shall be identified on the basis of findings of the general N
CD
evaluation of upland vegetation(See Objective 205.1 and related policies). Priority sites shall be
those disturbed areas whose restoration will result in the greatest habitat benefit at the least
0
cost.[F.S.§163.3177(6)d.2.d.]
Policy 209.1.4
Monroe County shall continue the program to remove invasive exotic vegetation from County-
owned or managed conservation lands.The County shall also continue to actively participate in W
the Florida Keys Invasive Exotics Task Force.
N
Policy 209.1.5
The restoration of County-owned beach/berm areas shall be a priority of the County's Land
Management Program.[F.S.§163.3178(2)(e)]
Policy 209.1.E
Restoration priorities shall be developed by Monroe County in consultation with agencies of the
federal and state government owning lands in the Florida Keys,and with appropriate federal
and state regulatory agencies.
Policy 209.1.7
Restoration projects shall be completed as funding becomes available.Local,state and federal
funding sources shall be used to support restoration projects. CL
Policy 209.1.8
LO
Monroe County shall continue to utilize the Monroe County Environmental Land Management
and Restoration Fund for the management of County-owned and County-managed I
conservation lands.The Fund may only be used for restoration and management activities of N
public resource protection and conservation lands.
N
I
Policy 209.1.9
N
Monroe County shall support the efforts of state and federal agencies and private groups that LO
buy land for conservation purposes to remove invasive exotic vegetation from acquisition sites.
GOAL 210
The health and integrity of Monroe County's beach/berm resources shall be protected and,when
possible,restored and enhanced.
Objective 210.1
U
Monroe County shall protect beach/berm resources by maintaining regulations that protect U
beach/berm resources.
Policy 210.1.1
U
Packet Pg. 2298
Permitted uses within the shoreline setback along natural shorelines characterized by
beach/berm vegetation shall be limited to docks and walkways.Access shall be restricted to
dune walkover structures which,in the absence of a dock,shall terminate at the waterward toe
of the dune.All structures shall be elevated on pilings or other supports.
Policy 210.1.2
No beach/berm material shall be excavated or removed and no fill shall be deposited on a
beach/berm. CD
tV
Policy 210.1.3
0
Clearing of beach/berm vegetation in the area landward of the shoreline setback shall be limited
to the minimum clearing required to allow development of a permitted use.Prior to
commencement of construction,the immediate area required for construction shall be enclosed
with fencing.No vehicular or pedestrian traffic shall be permitted outside the fenced areas for CL
the duration of the construction period.All areas disturbed during construction shall be
managed to avoid the introduction and/or establishment of invasive exotic species. N
Policy 210.1.4
Beach/berm areas disturbed during construction shall be immediately restored to stable
condition.Restoration techniques shall be designed to achieve the maximum stability possible.
Native plants shall be used exclusively in re-vegetation. Invasive exotic vegetation shall be
removed from the development site as a condition for issuance of a Certificate of Occupancy.
Policy 210.1.5
Existing and new outdoor lighting shall be restricted or prohibited,as appropriate,so as to avoid
adverse impacts on beach nesting areas(See Policies 206.6.3 and 206.6.4).
Policy 210.1.E Commented[ed2]:Continue this policy as is in HE C)
future sea level rise impacts or is this limited enougl CL
Seawalls shall be prohibited on any beach or open water(unaltered)shoreline except as natural areas where there would be no impacted
necessary to address public health and safety issues related to future flood rise from sea level infrastructure or private property from seasonable' ig
rise. or sea level rise?Create an exception for public hea I
safety?Could there be cases along an open water u LO ^d
Policy 210.1.7 shoreline where future flooding from sea level rise
become more common and a seawall would be neo I to
Monroe County shall maintain a program to restore and maintain disturbed beach/berm protect a road or property flooding? tV
resource areas on public lands. CD
tV
I
Policy 210.1.8 CD
tV
I
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall LO
prepare beach management plans for all publicly-owned beaches(See Recreation and Open
Space Objective 1201.7 and related policies).Plans shall be maintained to be consistent with
the current County Restoration Plan.
Objective 210.2
Monroe County shall maintain a program for acquiring undisturbed beach/berm resource areas(See
Future Land Use Objective 102.4 and related policies).[F.S.§163.3178(2)(e)]
Policy 210.2.1
The County,in cooperation with the Monroe County Land Authority shall continue to develop
and administer a beach/berm acquisition program.[F.S.§163.3178(2)(e)]
U
Packet Pg. 2299
Policy 210.2.2
Monroe County shall support the acquisition of undisturbed beach/berm resource areas for
conservation within areas designated Tier I,Tier II,Tier III-A,and the Florida Forever project
boundaries.Priority beach/berm acquisition sites shall include those that:
1. are documented nesting sites for state-and federally-designated species;and/or
r
2. can accommodate public recreation uses without adverse impacts on sensitive natural
resources(See Parks and Open Space Element Policy 1201.2.4);aad/ef N
3. are located within Improved Subdivisions (IS) zoning districts. [F.S. § 163.3178(2)(e)];
nd/or
4. provide nature-based resilience benefits such as flooding and surge mitigation or erosion >
0
control.I Commented[ed3]:Just a thought. Not sure if th Id
GOAL 211 significantly expand a list of these areas or provide i i
flexibility for results ofthe Shoreline Vulnerability S'
Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to results. N
ensure the continued availability of high quality potable water.[F.S.§163.3177(6)d.2.b.,c.]
Objective 211.1
Monroe County shall encourage the use of water conservation strategies,including,but not limited to
cisterns,on-site stormwater collection systems used for irrigation and bio-swales,and work
cooperatively with FKAA and Miami-Dade County to encourage water conservation efforts and
assure that land use planning and development controls are maintained which protects the recharge
0
area of the Florida City Wellfield from potential sources of groundwater contamination and saltwater 0
intrusion.(See Potable Water Objective 701.3 and related policies).[F.S.§163.3177(6)d.2.b.,c.]
Policy 211.1.1
Monroe County shall continue to assist the FKAA with water conservation efforts,including
implementing the FKAA's Water Conservation Plan,consistent with SFWMD's Water Shortage CL
Plan and Water Consumption Guidelines,and shall implement measures to further conserve
potable water.(See Potable Water Objective 701.5 and related policies).[F.S.§
163.3177(6)d.2.b.,c.]
LO
Policy 211.1.2 1
Monroe County has identified the freshwater lens system and associated recharge areas of the N
Florida Keys as noted within Water Resources of Big Pine Key, Florida,(Hanson, 1980).Within NI
one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall adopt land
development regulations that regulate the storage and use of hazardous materials in recharge NI
areas,prohibiting new water withdrawals,and phasing out existing water withdrawals to protect LO
freshwater lenses.[F.S.§163.3177(6)d.2.b.,i.] 1
0
GOAL 212
Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in
order to preserve and enhance coastal resources and to ensure the continued economic viability of the N
County.[F.S.§163.3178(2)(g)]
Objective 212.1
tJ
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
develop and implement measures for regulating shoreline uses.Such measures shall reflect the
following order of priorities:
U
Packet Pg. 2300
1. water-dependent uses;
0
2. water-related uses;
3. water-enhanced uses;and
4. uses and activities that are not water-dependent,water-related,or water-enhanced, but for
which there is no practicable upland alternative to meet the public need for the use or
activity,shall receive the lowest priority for a coastal location.[F.S.§163.3178(2)(g)] r
N
Policy 212.1.1 CD
N
4-
Within five(5)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall
develop a Shoreline Use Priorities Plan which shall provide for siting of uses consistent with the
following order of priority: 1)water-dependent uses,2)water-related uses,3)water-enhanced >
uses,and 4)uses that are not dependent upon or related to shoreline access.The plan shall
accomplish the following:
1. establish performance standards for shoreline development, (including resiliency strategies, ___- Commented[ed4]:Do you want to revisit/reviev,
consistent with criteria for marina siting(See Objective 212.3 and related policies); Plan and assure that any Uses are based on best pre
2. identify environmentally suitable waterfront areas and recommend strategies for reserving for resilience?Is this necessary?Seems to make ser
such areas for water-dependent, water-related, and water-enhanced development sites
protect these investments,but will existing develop
consistent with estimated need; criteria achieve this goal anyway?If so,does it beloi
or in the next Policy 212.1.2?
3. analyze conflicts among existing shoreline uses and recommend strategies for reducing or
eliminating such conflicts;and
4. identify strategies for encouraging appropriate mixed use development that includes water-
dependent, water-related, and water-enhanced uses and is compatible with existing land
0
uses.[F.S.§163.3178(2)(g)] ME
Policy 212.1.2
Within one(1)year after the preparation of the Shoreline Use Priorities Plan, Monroe County
shall: CL
1. adopt an amendment to the Comprehensive Plan that incorporates recommendations of
the Shoreline Use Priorities Plan;and
2. adopt land development regulations that regulate existing and new shoreline development LO
consistent with the recommendations of the Shoreline Use Priorities Plan, within one year I
of the adoption of the amendment proscribed above.[F.S.§163.3178(2)(g)] tV
Policy 212.1.3 tV
I
Monroe County shall maintain existing(January 4, 1996-the effective date of the Monroe tV
County Year 2010 Comprehensive Plan)commercial fishing operations as conforming uses. LO
[F.S.§163.3178(2)(g)] I
Objective 212.2
Monroe County shall adopt minimum performance standards designed to reduce the stormwater
runoff impacts,aesthetic impacts,and hydrologic impacts of shoreline development.[F.S.§
163.3178(2)(g)]
Policy 212.2.1
tJ
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
evaluate the minimum shoreline setbacks currently in use in Monroe County in coordination with ca
DEO, FDEP and FWC. Setbacks shall be identified which will accomplish the following:
U
Packet Pg. 2301
1. protect natural shoreline vegetation;
2. protect marine turtle nesting beaches;
3. protect water quality;
4. protect structures from the effects of long-term sea level rise;
5. protect beaches and shorelines from erosion;and
r
6. allow redevelopment of existing waterfront commercial structures consistent with the tV
CD
existing community character and preserve overwater views.
4-
Policy 212.2.2
Within one(1)year after completion of the evaluation in Policy 212.2.1,the existing setbacks in
the Land Development Code may be revised as deemed appropriate based upon findings of 0
this review.The setbacks currently in use may be relaxed only through the Special Approval
process in Policy 212.2.4.Existing setbacks are as follows:
1. twenty (20)feet from the mean high water(MHW) line of manmade water bodies and/or uN
lawfully altered shorelines of natural water bodies;
2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered
shorelines, measured from the landward limit of mangroves, if any, and where mangroves
do not exist,from the mean high water(MHW)line;and
3. fifty (50) feet from any shoreline area which is known to serve as an active nesting or
resting area for marine turtles, crocodiles, terns, gulls and other birds. [F.S. §
163.3178(2)(g)]
Policy 212.2.3
4-
The definitions for the terms"altered shoreline"and"unaltered shoreline"are as follows:
1. altered shorelines are generally located directly along dredged canals, basins and
channels and/or have been filled or vertically bulkheaded to such a degree that the original CL
natural slope landward of the water is no longer present.
2. unaltered shorelines are generally located along natural non-dredged waterways and open
water and have a sloping profile typical of the original natural conditions of the shoreline L
even though fill or riprap may be present.
I
Policy 212.2.4 I CD
Commented[ed5]:Any components of this Police Cy
to be modified to add future flooding sea level rise i CD I
Permitted uses and performance standards within the shoreline setback shall be as follows: issues?
Except as provided herein,principal structures shall be set back as follows: C44
I
LO
1. Along lawfully altered shorelines including manmade canals, channels, and basins, I
principal structures shall be set back at least twenty(20)feet as measured from the mean
high water(MHW)line;
2. Along lawfully altered shorelines including manmade canals, channels, and basins, for
parcels less than 4,000 square feet that are developed with a lawfully established principal N
use,the required setback may be reduced to a minimum of ten (10)feet provided that the
structure is sited so as to protect community character and minimize environmental
impacts by maintaining open space and protecting shoreline vegetation.
3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and
which have been altered by the legal placement of fill:
U
Packet Pg. 2302
a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire
shoreline of the property, principal structures shall be set back at least thirty(30)feet
as measured from the mean high water (MHW) line or the landward extent of the
mangroves,whichever is further inland.
b. Where no mangrove fringe exists, principal structures shall be set back at least thirty
(30)feet from the mean high water(MHW)line, provided that native vegetation exists
or is planted and maintained in a ten (10) foot width across the entire shoreline as r
approved by the County Biologist, and is placed under conservation easement; N
otherwise the setback shall be fifty(50)feet as measured from the mean high water
(MHW)line.
0
C. On infill lots surrounded by significant development where principal structures are set
back less than fifty(50)feet from mean high water(MHW)or the landward extent of
mangroves, the Director of Planning and Environmental Resources may evaluate the
community character, the presence or absence of environmental features, and the
setbacks on adjacent developed properties within two parcels on either side of
proposed development, and may allow principal structures to be set back as far as
practicable or in line with adjacent principal structures. In no event shall the setback
be less than twenty (20)feet. On shorelines where the existing pattern of setback is
greater than thirty(30)feet,the greater setback shall apply.
4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty
(50)feet as measured from the mean high water(MHW)line or the landward extent of the
mangroves,whichever is further landward;
Accessory structures within the shoreline setback shall be designed to meet the following
criteria:
0
1. Along altered shorelines,including manmade canals,channels,and basins:
a. In no event shall the total,combined area of all structures occupy more than sixty(60)
percent of the upland area of the shoreline setback;
b. Accessory structures, including, pools and spas shall be set back a minimum of ten CL
(10)feet,as measured from the mean high water(MHW)line;
2. Along open water shorelines which have been altered by the legal placement of fill, and
where a mangrove fringe of at least ten(10)feet in width occurs across the entire shoreline
LO
of the property:
I
a. In no event shall the total,combined area of all structures occupy more than thirty(30)
percent of the upland area of the shoreline setback; CD
N
N
b. Accessory structures other than docks and erosion control structures shall be set back I
a minimum of fifteen (15)feet,as measured from the mean high water(MHW)line or CD
the landward extent of the mangroves,whichever is further landward; LO I
3. Along unaltered shorelines: I
a. In no event shall the total,combined area of all structures occupy more than thirty(30)
percent of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set back
a minimum of twenty-five (25)feet, as measured from the mean high water (MHW) N
line or the landward extent of the mangroves,whichever is further landward;
4. Any proposed development within the shoreline setback shall include a site-suitable fJ
�tormwater management plan for the entire developed parcel which meets the Commented[ed6]:Should this stormwater manz CJ it
requirements of the land development regulations; plan include a consideration for future sea level rise 0 iy
not function in xx years as designed without considf
5. All structures within the shoreline setback shall be located such that the open space ratios future conditions. See also Policy 212.2.5. Mentior at
for the entire parcel and all scenic corridors and bufferyards are maintained; all or address though LDRs?
U
Packet Pg. 2303
6. Structures shall be located in existing cleared areas before encroaching into native
vegetation. The remaining upland area of the shoreline setback shall be maintained as
native vegetation or landscaped areas that allow infiltration of stormwater runoff;
7. Side yard setbacks must be maintained for all structures in the shoreline setback except for
docks,sea walls,fences,retaining walls,and boat shelters over existing boat ramps;
8. No enclosed structures, other than a dock box of five(5)feet in height or less,a screened
gazebo, and a screen enclosure over a pool or spa, shall be allowed within the shoreline
setback. Gazebos must be detached from any principal structure on the parcel. No decks tCD
V
or habitable spaces may be constructed on the roof of any gazebo in the shoreline
setback;
9. Pools, spas,fish cleaning tables, and similar pollutant sources may not discharge directly
into surface waters.Where no runoff control structures are present, berms and vegetation
shall be used to control runoff. Native vegetation shall not be removed to install berms or 0.
runoff control structures; 0.
10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals,
channels, and basins with little or no native vegetation,and shall be located and designed
so as not to create a nonconformity for other structures set back from the new mean high
water(MHW)line created by the boat ramp;and
11. The roof and supporting members of a boat shelter constructed in compliance with
Section 118-10 of the Land Development Code, as amended (hereby incorporated by
reference), may extend two (2)feet into the shoreline setback around the perimeter of a
boat basin or ramp. This area shall be subtracted from the total area allowed for all
structures within the shoreline setback.
0
12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns.
Any project that may produce changes in circulation patterns shall be approved only after
sufficient hydrographic information is available to allow an accurate evaluation of the
possible impacts of the project.Previously existing manmade alterations shall be evaluated
so as to determine whether more hydrological benefits will accrue through their removal as
part of the project. CIL
13. No development other than pile supported docks and walkways designed to minimize
adverse impacts on marine turtles shall be allowed within fifty (50)feet of any portion of
any beach berm complex which is known to serve as a nesting area for marine turtles: yO'
a. The fifty(50)foot setback shall be measured from either the landward toe of the most I
landward beach berm or from fifty(50)feet landward of MHW,whichever is less.The tCD
V
maximum total setback will be one hundred(100)feet from MHW. CD
tV
b. Structures designed to minimize adverse impacts on marine turtles shall have a CD I
minimum horizontal distance of four(4)feet between pilings or other upright members tV
and a minimum clearance of two (2)feet above grade. The entire structure must be LO
designed to allow crawling turtles to pass underneath it moving only in a forward I
direction. Stairs or ramps with less than the minimum two (2)feet clearance above
grade are discouraged. If built, these portions of the structure shall be enclosed with
vertical or horizontal barriers no more than two (2) inches apart, to prevent the
entrapment of crawling turtles.
C. Beaches known to serve as nesting areas for marine turtles are those areas
documented as such on the County's threatened and endangered species maps and
any areas for which nesting or nesting attempts ("crawls") have been otherwise
documented. Within mapped nesting areas, the Director of Planning and
Environmental Resources may, in cooperation with FDEP, determine that specific
segments of shoreline have been previously, lawfully altered to such a degree that
suitable nesting habitat for marine turtles is no longer present. In such cases, the
Director may recommend reasonable measures to restore the nesting habitat. If such
U
Packet Pg. 2304
measures are not feasible, the Director will waive the setback requirements of this
0
paragraph. Restoration of suitable nesting habitat may be required for unlawfully
altered beaches.
14. Special Approvals:I Commented[ed7]:Do you want to incorporate a
a. For structures serving commercial uses, public uses, or more than three dwelling adaptation component to this but instead of prescri
units,the Planning Commission may approve deviations from the above standards as what that looks like now,leave it to case by case
a major or minor conditional use. Such approval may include additional structures or determinations through Special Approvals?
uses provided that such approval is consistent with any permitted uses,densities,and CD
N
intensities of the land use district,furthers the purposes of this section, is consistent
with the general standards applicable to all uses, includes an adaption component to
respond to seasonal flood or future sea level rise, and the proposed structures are
located in a disturbed area of an altered shoreline. Such additional uses are limited to >
waterfront dining areas, pedestrian walkways, public monuments or statues,
informational kiosks, fuel or septic facilities, and water-dependent marina uses. Any
CL
such development shall make adequate provision for a water quality monitoring
program for a period of five(5)years after the completion of the development.
N
b. For structures serving three or fewer dwelling units, the Director of Planning and
Environmental Resources may approve designs that address unique circumstances
such as odd shaped lots, even if such designs are inconsistent with the above
standards. Such approval may be granted only upon the Director's written
concurrence with the applicant's written finding that the proposed design furthers the
purpose of this section or includes an adaption component to respond to seasonal
flooding or future sea level rise, and the goals of the Monroe County Comprehensive
Plan. Only the minimum possible deviation from the above standards will be allowed
in order to address the unique circumstances. No such special approval will be
available for after-the-fact permits submitted to remedy a Code Enforcement violation.
c. All structures lawfully existing within the shoreline setback along manmade canals,
channels,or basins,or serving three or fewer dwelling units on any shoreline, may be
rebuilt in the same footprint provided that there will be no adverse impacts on
stormwater runoff or navigation. CL
d. Docks or docking facilities lawfully existing along the shoreline of manmade canals,
channels,or basins,or serving three or fewer dwelling units on any shoreline, may be
expanded or extended beyond the size limitations contained in this section in order to LO
reach the water depths specified for docking facilities in Policy 212.4.2 or to respond
to seasonal flooding or future sea level rise.Any dock or docking facility so enlarged CD I
must comply with each and every other requirement of this Policy and Section 118-12 CN
of the Land Development Code, as amended (hereby incorporated by reference). CD
[F.S.§163.3178(2)(g)] CD I
Policy 212.2.5 NI
LO
Stormwater management criteria applicable to the shoreline setbacks shall encourage Best I
Management Practices(BMPs)which utilize natural berms and vegetation to control runoff from
waterfront property.Berms shall not be installed where shoreline vegetation is present.Where
berms are used along artificial waterways,they shall be raised so that there is a'gradual slope
away from the canal edge. In any case,all stormwater management criteria shall conform to Commented[ed8]:is there a possibility with sea!
adopted level of service standards for water quality and quantity(See Drainage Element flooding and/or sea level rise that these slopes may
Objective 1001.1 and related policies). adequate?
CL
Objective 212.3
Marina facility development and redevelopment shall be consistent with the marine resource
constraints,be located in areas where maximum physical advantages exist and where no
U
Packet Pg. 2305
unreasonable or excessive impacts are foreseen on natural resources and other significant resource.
[F.S.§163.3178(2)(g)]
Policy 212.3.1
Monroe County shall maintain data on marine facilities(as available),including existing
recreational and commercial marinas,such as:
r
1. number of wet and dry slips; N
2. usage rates of wet and dry slips;
0
3. breakout of slips by boat size;
4. on-site amenities including the number of parking spaces; >
0
5. surrounding uses and any known or potential compatibility problems; CL
6. availability for public use(recreational marinas only); W
7. number of boat ramps provided and the boat lanes for each ramp; y
8. condition of facilities;
9. location and condition of adjacent navigational aids;
10. availability of pump-out facilities;and
11. controlling depth..[F.S.§163.3178(2)(g)]
Policy 212.3.2
The development of new marina facilities shall be located in areas where maximum physical
advantages exist and where no unreasonable or excessive impacts are foreseen on marine
resources.Proposed new marina facilities shall meet the following requirements: Commented[ed9]:This is focused on impacts to
resources,but what about tanks,electrical compon 'C:
1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass distribution lines,etc.that will flood more often wit W
or hardbottom(including hard and soft corals)should be avoided. Boat mooring sites(slips tides and sea level rise?Address here or somewher,
or docks)shall not be located over a seagrass bed community or hardbottom community LDRs?
regardless of water depth. No impacts to seagrass beds or hardbottom communities
should result from the construction or use of new marina development.
LO
2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit
adequate circulation and tidal flushing. The waterway upon which the marina is proposed
to be sited shall meet or exceed State water quality standards, and must currently have CN
"Good" water quality as indicated in the County's most current canal inventory and CD
assessment data. New marina development shall not adversely impact the quality of water CD I
during construction or use. N
I
3. Adequate Water Depth and Access. There shall be a minimum of four (4)foot of water LO
depth at mean low water at the marina site(including the mooring slips,turning basin,and
access channels), and the water depth shall be continuous to open water over a channel
width of twenty(20)feet.Water depth shall be adequate for the proposed vessel use such
that there be a minimum of one(1)foot clearance between the deepest draft of the vessel
and the bottom at mean low water. Greater water depths shall be required for those
facilities proposed for accommodating vessels having greater than a three (3)foot draft. N
Sites shall not require dredging or filling to provide access.
4. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines fJ
as defined in Sec. 101-1 of the Land Development Code. Minimal modification to the
shoreline shall be permitted per County Land Development Code Section 118-1, 118-
12(m),and(o).
U
Packet Pg. 2306
5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on
lands designated as Tier I or Tier III-A, if clearing is proposed. Marina development shall
not adversely impact the upland area of, or adjacent to, a proposed marina site.
Additionally, marinas shall not be permitted on offshore islands or on units of the Coastal
Barrier Resources System(CBRS).
6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller
scarring should be avoided. Marinas shall not be located adjacent to areas of severe r
seagrass scarring, based on the most current data available from the Florida Fish and N
CD
Wildlife Research Institute. CNI
4-
7. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall
be sited so as to prevent impacts to the Florida Manatee,American Crocodile,and marine
turtles and protect their habitat by avoiding areas of known American Crocodile range, >
areas with high watercraft Florida Manatee mortality,or areas that include a beach known
to be used for marine turtle nesting. Site characteristics can be assessed using current
data from the Florida Fish and Wildlife Conservation Commission.
8. Other Significant Resources. No adverse impact shall be permitted on archaeological or vj
historic resources/sites.
Applicants for new marina development shall be responsible for providing existing physical and
environmental site data specific to the proposed site to demonstrate the marina siting criteria
described above is met.
Policy 212.3.3
Applicants for development approval of marinas with three(3)or more slips shall meet the
following: Q
1. Monroe County's marina siting criteria(See Policy 212.3.2);
2. Monroe County's dock siting criteria(See Objective 212.4 and related policies);and
3. criteria of Rules 62-312 and 18-21.0041, F.A.C.and Section 163.3178(2)(g), F.S. CIL
IL
Policy 212.3.4
Applicants for development approval of docking facilities for fewer than three(3)slips shall meet
the following criteria: LO
I
1. Monroe County's dock siting criteria(See Objective 212.4 and related policies);and
N
2. criteria of Rules 62-312 and 18-21.0041, F.A.C. N
Policy 212.3.5
N
Applicants proposing a new marina facility shall obtain necessary permits from all applicable LO
state and federal regulatory agencies. I
Objective 212.4 Q
Monroe County shall maintain land development regulations pertaining to mooring fields and
structures built over water(including,but not limited to,boat docks,fishing piers,swimming piers and
observation decks).[F.S.§163.3178(2)(g)]
Policy 212.4.1 fJ
tJ
Monroe County shall support state policies and regulations concerning the permitting of
marinas,docks and piers,except in those instances where more stringent regulations adopted
by Monroe County shall be maintained.[F.S.§163.3178(2)(g)]
U
Packet Pg. 2307
Policy 212.4.2
Except as provided herein,siting of single family docks,boat ramps,and boat slips on
manmade water bodies shall require minus four(4)feet mean low water(MLW)depths at the
terminal end.These structures must have continuous access to open water at depths of minus
four(4)feet(MLW)or greater over a channel width of twenty(20)feet,or access to open water
via a marked,federally and state approved navigation channel.
r
1. Docking facilities may be developed on any shoreline if there is a mean low water(MLW) tCD
V
depth of a least minus four (4) feet at the terminal end of the docking facility, and tV
continuous access to open water,or
2. Docking facilities may be developed on the shoreline of lots in a subdivision if the docking
facility is located in a channel or canal or basin that connects five or more contiguous lots
which was dredged before 1986, and if there is a mean low water(MLW)depth of at least
minus four(4)feet at the terminal end of the docking facility.
For purposes of this policy"open water"means the portion of the straits of Florida, Florida Bay,
the Gulf of Mexico,or the Atlantic Ocean which consists of an uninterrupted expanse of water y
deeper than four(4)feet at mean low water(MLW)and"continuous access"means a natural
passage or an existing manmade channel no shallower than four(4)feet at mean low water
(MLW)and no narrower than twenty(20)feet.
Policy 212.4.3
The minimum water depth requirement at the mooring site shall be minus four(4)feet mean
low water.
0
Policy 212.4.4
4-
The following restrictions shall apply to all structures built over or adjacent to water(including
but not limited to boat docks,fishing piers,swimming piers and observation decks):
1. the maximum permitted length of docks shall be commensurate with the shoreline width of CL
the land parcel at which the dock is located,subject to a maximum length of 100 feet from
the mean low water line;
2. the length of docks shall not exceed ten (10) percent of the width of the waterbody as L
measured laterally across the waterbody from the proposed location of placement and from
the point of mean low water to the opposing point of mean low water (exception to this
shall be made in cases where adequate depth at the terminal end of the dock pursuant to
Policies 212.4.2 and 212.4.3 is not available; in such cases the dock may be shortened CD
tV
only enough to allow the centerline of an average width vessel to lie in four feet of water at CD I
mean low water); tV
I
3. no dock together with a moored boat shall preempt more than twenty-five (25) percent of LO
the navigable portion of a man-made waterbody.This should allow for a structure built over
water on either side of the waterbody to have a moored boat and room for free passage of
two boats down the center of the waterbody; Commented[ed10]:Here's why: many local
4. all fishing, swimming, and other piers and observation decks shall conform to design governments are adopting stricter(higher)criteria r
criteria to be adopted in the land development regulations which prohibit their use as a to docks and seawalls. If you are the low seawall in y
dock. neighborhood and water is coming onto your prope i
flooding others,that"nuisance"can provide a theo
A special exception procedure shall be included in the Land Development Code to allow the compel the owner to address his/her flooding impa Ca
minimum relaxation of the above restrictions which is necessary to provide the upland owner other property owners,streets,etc. I don't know if fJ
reasonable access to adjacent waters for recreational use.That special exception procedure situation could exist,but it seems likely in the futurf
shall incorporate,among other criteria,requirements that such structures not be inconsistent more King Tides/sea level rise. In fact I can think of
with community character,not interfere with public recreational uses in or on adjacent waters, property in Twin Lakes that is already the conduitfc
and pose no navigationalnuisance Or safety hazard. flooding on that block(Crane Street).
U
Packet Pg. 2308
Policy 212.4.5
Monroe County shall continue to prohibit the location of mooring sites over submerged land
which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of
water depth,except as may be permitted by the FDEP.This prohibition shall not apply to
mooring fields,if there is an overriding public interest or benefit.Applicants for mooring fields
shall provide data and analysis demonstrating environmental,social,and economic benefits
which would accrue to the public at large as a result of a proposed facility.[F.S.§ r
N
163.3178(2)(g)] N
Policy 212.4.6
Docking facilities and piers shall not terminate on submerged land which is vegetated with >
seagrasses or characterized by a hard-bottom community, regardless of water depth,except as
may be permitted by the FDEP.Design criteria to permit sunlight to reach the bottom shall be 0.
adopted. No boat shelters or gazebos shall extend over submerged lands vegetated with C.
seagrasses or over hard-bottom communities. <
Policy 212.4.7 N
Monroe County shall establish,evaluate and identify potential sites for the installation of
mooring fields and maintain policies and regulations pertaining to mooring fields,which
specifically address the following(some sections may not apply to short-term recreational
mooring fields):
1. Siting criteria;
0
2. Mooring design criteria based on seagrass protection as permitted by FDEP; 0
3. Recommendations or standards for management from shore-side facilities;and
4. Provision of vessel um out services;and F.S.§163.3178 2
5. Current need for moorings and projected use. CL
W
Objective 212.5
Monroe County shall maintain land development regulations pertaining to shoreline stabilization ihat
consider resiliency benefits.[F.S.§163.3178(2)(e)] Commented[ed11]:This may give you some flex L 'n
Policy 212.5.1 I light of King Tides/sea level rise. 1
CD
Commented[ed12]:Need any relief from this pr C44 on
No new bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted in light of seasonal flooding or sea level rise? CD
N _JI
on open water(unaltered shorelines).[F.S.§163.3178(2)(e)] 1
CD
Policy 212.5.2 LO I
In lieu of bulkheads,seawalls or other hardened vertical shoreline structures,residential canals C I
and altered shorelines shall be stabilized by maintaining native vegetation.When it can be
demonstrated that native vegetation will not prevent erosion,then riprap or sloping rock
revetments shall be permitted.[F.S.§163.3178(2)(e)]
Policy 212.5.3
Bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted on
residential canals and altered shorelines only in the following situations:
tJ
1. to replace an existing deteriorated bulkhead or seawall;
U
Packet Pg. 2309
2. to protect property, infrastructure or resources from seasonal flooding or sea level
0
rise;or
3. to stabilize a severely eroding shoreline area.[F.S.§163.3178(2)(e)] p'
Policy 212.5.4
Shoreline structures shall be designed to protect tidal flushing and circulation patterns.Any
project which may produce changes in circulation patterns shall be approved only after sufficient r
N
hydrographic information is available to allow an accurate evaluation of the possible impacts of CDthe project.Previously existing manmade alterations shall be evaluated so as to determine tV
whether more hydrological benefits will accrue through their removal as part of the project.[F.S.
§163.3178(2)(e)]
GOAL 213
Monroe County shall ensure adequate public access to the beach or shoreline.[F.S.§163.3178(2)(g)]
Objective 213.1 0)
Monroe County shall L aiRtaiRi and provide,and increase where possible,the amount of Commented[ed13]: what does this mean in the � xt
public access to the beach or shoreline consistent with the estimated public need and environmental of sea level rise and King Tides?What if maintaining
constraintsl.[F.S.§163.3178(2)(g)] public access in a particular location or multiple loci �
becomes impossible and you have to decrease wha 0)
Policy 213.1.1 maintain?There isn't a legal standard of care here I re
is for roads and drainage.
Within three(3)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall
complete a Public Access Plan for unincorporated Monroe County.The Public Access Plan Commented[ed14]:I think environmental const
shall estimate the existing capacity of and need for the following types of public access facilities indudesflooding impacts. —
which are available to the general public:
0
1. public access points to the beach or shoreline through public lands;
2. public access points to the beach or shoreline through private lands; CL
3. parking facilities for beach or shoreline access;
4. coastal roads and facilities providing scenic overlooks;
LO
5. marinas;
6. boat ramps;
N
7. public docks; CD
N
8. fishing piers;and CD
N
9. traditional shoreline fishing areas.[F.S.§163.3178(2)(g)] LO I
Policy 213.1.2
Monroe County shall i.TlaiRtaiRep!aG,pupport or replace physical public access to beaches Commented[ed15]:What if maintenance can't t ' _
and shorelines,including reclaiming public access through county owned land that has been anymore because of flooding or it doesn't make ecc
encroached upon by neighboring property owners,in accordance with provisions of the sense in that location?Same issues as above.
appropriate park master plans and current management plans for County-owned beaches.(See
Recreation and Open Space Objectives 1201.3 and 1201.7 and related policies.)[F.S.§
163.3178(2)(g)] Commented[ed16]:I thinkthis is a really import
GOAL214 thing. You don't know if you are going to keep mail g
I" or replacing this the way you are today. "Support" ]re
flexible term.
Monroe County shall provide the necessary services and infrastructure�o support existing and new
development proposed by the Future Land Use Element while limiting County public expenditures which Commented[ed17]:Here you use support,I like
better.
U
Packet Pg. 2310
result in the loss of or adverse impacts to environmental resources in the Coastal Zone.[F.S.§
163.3178(2)(f)]
Objective 214.1
County public expenditures for infrastructure in the Coastal Zone shall be phased in accordance with
a capital improvements schedule to maintain)the adopted level of service(LOS)standards Commented[ed18]:A coming issue to address.
established in the Comprehensive Plan.[F.S.§163.3178(2)(f),(i)]
Policy 214.1.1 tV
0
Monroe County shall maintain level of service standards(LOS)for the following public facility
types:roads,sanitary sewer,solid waste,drainage,potable water,parks and recreation,and
mass transit.The LOS standards are established in the following sections of the
Comprehensive Plan: CL
1. The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. I he LOS for drainage is established in Drainage Policy 1001.1.1;and
I� 9 9 Y Commented[ed19]:A coming issue to address. �
6. The LOS for parks and recreation is established in Recreation and Open Space Policy
1201.1.1.
Policy 214.1.2
Monroe County shall maintain land development regulations which provide a Concurrency
Management System(See Capital Improvements Policy 1401.4.5).The Concurrency
Management System shall ensure that no permits will be issued for new development unless
adequate public facilities needed to support the development at the adopted LOS standards are
available concurrent with the impacts of development.[F.S.§163.3178(2)(f),(i)] CL
Policy 214.1.3
Monroe Count shall limit public expenditure on the mainland to the re air and maintenance of i
Y P P P Commented[ed20]:I think this is fine,it's the lei
existing public facilities and infrastructure.[F.S.§163.3178(2)(f),(i)] standard of care for infrastructure. I
GOAL 215 tCD
V
N
Monroe County shall provide for hurricane evacuation,shelters and refuges,and communication CD
capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. C44
I
[F.S.§163.3178(2)(d)] it
Objective 215.1
Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours.[F.S.§
163.3178(2)(d)]
Policy 215.1.1
Monroe County shall continue to work cooperatively with the municipalities and DEO to CJ
complete the tasks within Rule 28-20.140 F.A.C,related to hurricane evacuation modeling.[F.S.
§163.3178(2)(d)]
Policy 215.1.2 �--
U
Packet Pg. 2311
During a hurricane evacuation,Monroe County shall designate US 1 and Card Sound Road as
evacuation routes as directed by the Department of Emergency Management.[F.S.§
163.3178(2)(d)]
Policy 215.1.3
Monroe County shall annually identify and establish staffing and equipment need priorities
which are directly related to increasing efficiency during hurricane evacuation,including,but not
limited to,communication systems,emergency coordination personnel,public education
personnel,and development review personnel.Opportunities for fulfilling the deficiencies with tV
reliable interagency support shall be identified and interlocal agreements initiated.[F.S.§
163.3178(2)(d)]
Policy 215.1.4
In the event of a pending major hurricane(category 3-5)Monroe County shall implement the
following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
hurricane evacuation clearance time for the resident population. N
1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of
non-residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient
and non-transient),and military personnel from the Keys shall be initiated.State parks and
campgrounds should be closed at this time or sooner and entry into the Florida Keys by
non-residents should be strictly limited.
2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
mobile home residents, special needs residents, and hospital and nursing home patients
from the Keys shall be initiated.
EL
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
evacuation of permanent residents by evacuation zone(described below)shall be initiated.
Existing evacuation zones are as follows:
a) Zone 1 -Key West,Stock Island and Key Haven to Boca Chica Bridge(MM 1-6) CIL
b) Zone 2-Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
c) Zone 3-West end of 7-Mile Bridge to West end of Long Key Bridge(MM 40-63)
LO
d) Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-
106.5 and MM 1-9.5 of CR 905) I
e) Zone 5-905A to,and including Ocean Reef(MM 106.5-126.5) tV
The actual sequence of the evacuation by zones will vary depending on the individual storm. I
The concepts embodied in this staged evacuation procedures should be embodied in the tV
appropriate County operational Emergency Management Plans. LO I
I
The evacuation plan shall be monitored and updated on an annual basis to reflect data from
actual evacuation events and increases,decreases and or shifts in population;particularly the
resident and non-resident populations.[F.S.§163.3178(2)(d)]
This Policy shall not increase the number of allocations to more than 197 residential units a N
year,except for affordable housing.Any increase in the number of allocations shall be for
affordable housing only.
Policy 215.1.5
tJ
In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan,
special needs populations shall be identified by the Monroe County Department of Emergency
U
Packet Pg. 2312
Management.Monroe County shall implement the procedures contained in the Plan for the safe
evacuation of these populations.[F.S.§163.3178(2)(d)]
Policy 215.1.6
Within one(1)year after the adoption of the 2030 Comprehensive Plan,Monroe County shall
adopt land development regulations which require that all new and redeveloped marinas
provide a hurricane contingency plan for review and approval before permits can be issued.
[F.S.§163.3178(2)(d)]
N
Policy 215.1.7
0
Monroe County shall establish separate dedicated funds to accommodate future technological
advances in hurricane analyses and communication systems for the Emergency Management
and Emergency Communications Department.[F.S.§163.3178(2)(d)]
Policy 215.1.8 W
During a hurricane evacuation,Monroe County shall implement the procedures contained in the
Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal
bridge openings including coordination with the U.S.Coast Guard and Florida Department of
Transportation.[F.S.§163.3178(2)(d)]
Policy 215.1.9
Monroe County shall maintain a Post-Disaster Recovery Plan which will include a structured
procedure aimed at debris removal preparedness during hurricane evacuation and re-entry
(See Objective 216.2 and related policies).[F.S.§163.3178(2)(d)]
Policy 215.1.10.
Monroe County shall coordinate with the Florida Department of Transportation(FDOT)to
ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation CL
clearance time at 24 hours are completed.[F.S.§163.3178(2)(d)]
Policy 215.1.11
LO
Monroe County shall continue to evaluate programs to reduce the number of evacuating
vehicles including,but not limited to programs to encourage ride-sharing and transit usage and, I
consistent with applicable law,evacuating vehicle registration requirements. [F.S.§ N
163.3178(2)(d)] N
I
Policy 215.1.12
N
I
Reduced evacuation clearance times which may result from adjustments to evacuation model LO
variables,programs to reduce the number of evacuating vehicles or increased roadway facility
capacity,shall not be used to increase development expectations beyond the growth allocations
provided herein,except to the extent that a hurricane evacuation clearance time of 24 hours can
be maintained.Any necessary reduction in hurricane clearance times shall be accomplished by
a plan amendment within 180 days of the re-assessment. N
Policy 215.1.13
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.(Rule 28-20.140 5/1/2011)
U
Packet Pg. 2313
Objective 215.2
Monroe County shall continue to address existing and projected shelter deficiencies for Category 1
and 2 storms.[F.S.§163.3178(2)(d)]
Policy 215.2.1
Monroe County shall monitor the need for in-county shelters on an annual basis.[F.S.§ r
163.3178(2)(d)]
N
N
Policy 215.2.2
0
Monroe County shall coordinate with State and Federal agencies to evaluate the potential
establishment of a dedicated Category 5 Emergency Operations Center.
Objective 215.3
Monroe County shall continue to seek to provide additional shelter spaces outside Monroe County N
for all county residents who will require shelter from a Category 3 or greater hurricane.[F.S.§
163.3178(2)(d)]
Policy 215.3.1
Monroe County shall continue to coordinate with the Florida Division of Emergency
Management,the South Florida Regional Planning Council, Miami-Dade County,the Red Cross
and other appropriate agencies to identify sufficient approved shelter spaces(including pet-
friendly shelter space)outside of Monroe County for all county residents who will require shelter
from a Category 3 or greater hurricane.Priority consideration shall be given to expansion of the
currently designated shelter at Florida International University in order to consolidate Monroe
County shelter spaces in one location.[F.S.§163.3178(2)(d)]
Policy 215.3.2
CIL
Monroe County shall maintain an intergovernmental agreement with Miami-Dade County and
other appropriate agencies(e.g.,Board of Regents,American Red Cross)in an attempt to
provide sufficient approved spaces outside of Monroe County for all county residents who will
seek shelter from a Category 3 or greater hurricane.(See Policy 1301.7.4)[F.S.§ LO
163.3178(2)(d)] I
GOAL 216 N
N
Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment to
increase public safety and reduce damages and public expenditures.[F.S.§163.3178(2)(d),(h)]
I
Objective 216.1 LO
C
Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area
(CHHA)which reduces floodplain alteration and damage or loss due to natural disasters.[F.S.§
163.3178(2)(h)]
Policy 216.1.1
Monroe County shall define the CHHA as the area below the elevation of the category 1 storm
surge line as established by a Sea,Lake,and Overland Surges from Hurricanes (SLOSH) (,
computerized storm surge model.The CHHA shall be shown on the Future Land Use Map.
[F.S.§163.3178(2)(h)]
Policy 216.1.2
U
Packet Pg. 2314
Monroe County shall require that all new or replacement sanitary sewage systems in the CHHA
meet the following requirements:
a) All new or replacement sanitary sewage systems shall be designed and constructed
to minimize or eliminate infiltration of floodwaters into the system and discharge from
the system into floodwaters. Joints between sewer drain components shall be sealed
with caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in a
similar manner. r
N
b) All new or replacement sanitary sewage systems shall be located and constructed to N
minimize or eliminate damage to them and contamination from them during flooding.
[F.S.§163.3178(2)(h)]
Policy 216.1.3
0
Monroe County shall coordinate with the FKAA(FKAA)in the continued development of an
Aquifer Storage Recovery System to supply emergency potable water in the event that the
transmission lines from the mainland are disrupted during a natural disaster.The County shall
encourage FKAA to provide emergency service during electric power outages and hurricanes. y
Monroe County endorses burying the potable water transmission lines to reduce their exposure
to natural disasters where economically feasible.
1�
vvoo
GIRAII 13(3 AARGOGIRFed OR FRVOROBFIG W the GEWS.[F.S.§163.3178(2 [Commented[ed21]:Relocate to new Goal 218 P, EL
o �6
Flood
GUFFe Rd GRS Glass ratiRg [F.S.§163.3178(2 11
"" Commented[ed22]:Relocate to new Goal 218 P,
Flood
Policy 216.1.651
Commented[ed23]:Could be moved to Objectiv LO 2
Monroe County shall continue to enforce federal,state and local setback and elevation Peril of Flood. I_JI
requirements to promote the protection and safety of life and property. (Revisions to the existing CD
setback requirements contained in the land development regulations shall be considered as a N
means of reducing property damage caused by stormsJ.[F.S.§163.3178(2)(d)] Commented[ed24]:Was this done?Is it an ongc NI
thing? CD
Policy 216.1.7-6 f N
Commented[ed25]:Could be moved to Objectiv LO 1
Monroe County shall consider floodplain management and CHHA issues in making public Peril of Flood. I
acquisition decisions.[F.S.§163.3178(2)(d)]
Policy 216.1.87 Commented[ed26]:Could be moved to Objectiv 2
Peril of Flood. _I
Monroe County shall require that,to the greatest extent practicable,development activity,such
as land clearing,grading and filling will not disturb natural drainage patterns.
Objective 216.2
tJ
Monroe County shall maintain a Post-Disaster Redevelopment Plan which addresses priorities for
immediate recovery and long-term redevelopment including reducing the exposure of human life to
natural hazards.[F.S.§163.3178(2)(d)]
U
Packet Pg. 2315
Policy 216.2.1
As provided by its Hurricane Preparedness Evacuation and Shelter Plan,Monroe County shall
annually coordinate post-disaster recovery operations to clarify the roles and responsibilities of
county departments,state and federal agencies,private and public utilities,and other applicable
entities.Deficiencies shall be identified and Monroe County shall immediately initiate interlocal
agreements or interdepartmental directives as necessary to remedy the existing deficiencies.
[F.S.§163.3178(2)(d)] r
N
Policy 216.2.2 N
0
Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies procedures
for implementing programs for immediate repair,replacement,and cleanup,and long-term
rebuilding and redevelopment.The plan shall also include procedures for the identification of
damaged infrastructure and consideration of alternatives to its repair or replacement in the 0.
CHHA.[F.S.§163.3178(2)(d)] 0.
Policy 216.2.3
N
The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage
within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by
FEMA and shall specify procedures for relocating or replacing public infrastructure away from
them,where feasible.[F.S.§163.3178(2)(d)]
Policy 216.2.4
Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with
Emergency Management to include in the Local Mitigation Strategy considerations for repetitive
loss and severe repetitive loss structures and limits to redevelopment in areas within the CHHA
particularly susceptible to repeated damage.[F.S.§163.3178(2)(d)]
Policy 216.2.5
CL
In no event shall emergency declarations before,during or following hurricane disaster negate
the requirements of these policies and goals,or any regulations derived from them except
following a public health menace declaration.
LO
Policy 216.2.E
I
CD
Following the update of the Post-Disaster Redevelopment Plan,guidelines contained therein for
development after a natural disaster shall be incorporated within the Comprehensive Plan by N
plan amendment.Such amendment shall be processed at the next available plan amendment I
cycle following completion of the redevelopment plan. N
I
Objective 216.3 LO
C
Monroe County shall maintain land development regulations which directs future growth away from
the Coastal High Hazard Area(CHHA[F.S.§163.3178(2)(h)]
Policy 216.3.1 N
Monroe County shall prohibit the construction of mobile homes within the CHHA except on an
approved lot within an existing mobile home park or subdivision zoned for such use as of the
effective date of this plan.
Objective 216.4
U
Packet Pg. 2316
County public expenditures within the CHHA shall be limited to the restoration or enhancement of
0
natural resources and parklands,'expenditures required to serve existing development such as the
maintenance or repair of existing infrastructure,and expenditures necessary for public health and Commented[ed271:This is good,it manages
safety.The following exceptions may be considered: expectations so"upgrades"are not assumed.
1. County public expenditures within the CHHA may be permitted where required to meet
adopted level of service standards or to maintain or reduce hurricane evacuation clearance
times and where no feasible alternatives to siting the required facilities within the CHHA r
exist. N
N
2. County public expenditures within the CHHA may be permitted for improvements and Commented[ed28]:Important,may be permitte
expansions to existing public facilities, if improvements or expansions are designed to will be permitted.
minimize risk of damage from flooding.[F.S.§163.3178(2)(h)]
Policy 216.4.1
CL
Monroe County shall limit County public expenditures in the CHHA by requiring consideration of 0.
feasible siting and design alternatives for public facilities and infrastructure.[F.S.§
163.3178(2)(h)] y
Policy 216.4.2
No County public expenditures shall be made for new or expanded public facilities in areas
designated as units of the Coastal Barrier Resources System,undisturbed saltmarsh and
buttonwood wetlands,or offshore islands not currently accessible by road,with the exception of
expenditures for wastewater facilities,conservation and parklands consistent with natural
resource protection,and expenditures necessary for public health and safety.[F.S.§
163.3178(2)(h)]
GOAL 217
0
The coastal area of Monroe County shall be managed to promote public access to the marine and coastal
waters,to balance the protection of recreational and commercial working waterfront and commercial
fishing uses and the preservation and protection of coastal and natural resources and the community CL
character.[F.S.§163.3178(2)(g)]
Objective 217.1
LO
Monroe County shall adopt and implement incentives and criteria to encourage the preservation of 1) I
public access to the navigable waters of the State,2)commercial fishing uses and 3)recreational N
and commercial working waterfront uses,as defined by Section 342.07, F.S.,excluding transient
N
uses.[F.S.§163.3178(2)(g)] I
Policy 217.1.1 NI
LO
The strategy to preserve and protect commercial fishing and recreational and commercial
working waterfront uses shall include the following: 0
1. Exemptions from the requirements of the Permit Allocation System for new nonresidential
development,pursuant to Policy 101.4.5;
2. Providing for the preservation of recreational and commercial working waterfront uses
within the Mixed Use Commercial and Mixed Use Commercial Fishing Future Land Use
categories,pursuant to Policy 101.5.6 and Policy 101.5.7;
3. Maintaining land development regulations to allow lawfully established water-dependent
and water-related commercial uses which are identified as a source of economic
sustainability within a Livable CommuniKeys Plan to be rebuilt, even if 100% destroyed,
providing they meet the replacement criteria established in the adopted LCP, are rebuilt to
U
Packet Pg. 2317
the preexisting use, and are registered and recognized by the Planning & Environmental
Resources Department as lawful nonconforming uses and structures;and
4. Implementation of marina siting criteria for new marinas. [F.S. § 163.3178(2)(g)] p'
GOAL 218
The County shall consider the peril of flooding impact to eliminate inappropriate and unsafe development
in(redevelopment plansl.[F.S.&163.3178 2 f)1 r
Commented[ed29]:Specifically limited to
redevelopment because that is the scope of the sta CD
Objective 218.1 section:"A redevelopment component that outline:
principles that must be used to eliminate inappropr 0 d
Monroe County shall Include In Its planning efforts development and redevelopment principles, unsafe development in the coastal areas when ru
strategies,and engineering solutions that(reduce flood risk in coastal areas�hich results from high opportunities arise."
tide events,storm surge,flash floods,stormwater runoff,and the related impacts of sea-level rise. 0
[F.S.&163.3178(2)(f)l. Trying to clearly meet the 6 statutory provisions hei
then address broader sea level rise planning GOPs ii ;y
Policy 218.1.1 and Climate. This is narrowly tailored to the statutc
`... provision deliberately. N
The County shall develop by 2022 a short,medium and long-term Roads and Stormwater
Capital Plan informed by future growth,design levels of service for flooding,future sea level rise Commented[ed30]:Big capital stuff as opposed C I
projections and other legal and policy analyses. specific stuff in objective 218.2.
Policy 218.1.2
Upon completion of the Roads and Stormwater Capital Plan, the County shall review and
update its land development regulations and infrastructure design criteria,to include
development and redevelopment principles and strategies that reduce current and future flood
risk. Principles shall be based upon considering the ecological,engineering,disaster risk —
reduction and social elements of resiliency. Strategies may include best practices that prioritize
elevation and floodproofing,protection of building mechanical systems, onsite retention and
pervious surfaces,shoreline protection and accommodation,site-specific flood management
techniques,green infrastructure,maintaining access to services and managed relocation.
CL
Policy 218.1.3 *�
Based upon a Shoreline Vulnerability Assessment and other resources,identify locations for
new or reconfigured coastal protection systems,and review or(develop standards and strategies
M LO
Commented[ed31]:I don't know if the standard
for funding,permitting,and constructing the repair,enhancement,or replacement of to be revised or not in light of sea level rise and sea! I
breakwaters,revetments,rip rap or seawalls located on both public and private properties. flooding. Is the Shoreline vulnerability Assessment CD
[Complete by 20251. this and the next Policy? CD
N
Policy 218.1.4 CD 1
N
Identify locations for new or enhanced natural or living shorelines including strategies for LO I
funding,restoring,permitting,and constructing such projects on both public and private I
properties.[Complete by 20251.
Policy 218.1.5
The County shall integrate land development,land acquisition and infrastructure strategies into
the Local Mitigation Strategy.(Monroe County Recovery Plan(2010)and the Long-term
Commented[ed32]:Are these as two separate
Recovery Strategy for the Florida Keys to respond to current and future flood risk) documents,I cannot find an update to the 2010 rec
plan?
Objective 218.2 CJ
Commented[ed33]:Site specific development,h
Encourage the use of best practices development and redevelopment principles,strategies,and businesses as opposed to big capital stuff in Objecti .1.
engineering solutions that will result in the(reduction of losses due to flooding and claims(made under County facilities and buildings to be covered in Ener
Climate Element.
U
Packet Pg. 2318
flood insurance policies and the removal of coastal real property from flood zone designations
0
established by the Federal Emergency Management Agency.
Policy 218.2.1
The County shall prioritize land acquisitions for existing structures and vacant lands considering
storm damage,repetitive loss,flood risk vulnerability and future sea level rise. Opportunities to
demolish existing structures that are acquired,returning the land to its natural state,shall be
evaluated to provide passive resiliency benefits in vulnerable areas. The County shall also
seek funding to supply relocation assistance for property owners to move to less vulnerable N
areas.
Policy 218.2.2
0
The County shall align housing policies focusing on affordability and code compliant rebuilds,
tiny homes,elevation and floodproofing,relocation and other retrofitting to reduce losses from
flooding and claims made under flood insurance policies based upon the work of the Housing
Task Force and Housing Strategy among other resources. N
Policy 218.2.3
The County shall pursue funding resources and provide assistance to property owners for
weatherization, mitigation,flood-proofing and other flood-resistant improvement projects.
Policy 218.2.4
The County shall continue to provide public information related to the updates,development
and adoption of FEMA's FIRM Flood Maps as well as techniques to increase resiliency to storm
events and flooding in vulnerable areas.
4-
0
Policy 218.2.5
Within three(3)years of final adoption of FEMA's Flood Insurance Rate Maps(FIRMS),review CL
land development and floodplain management regulations for opportunities to harmonize
updated flood risk data with development and redevelopment projects. t8
Objective 218.3LO
Be consistent with,or more stringent than,the flood-resistant construction requirements in the
Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R.part
60. N
I
Policy 218.3.1
N
I
The County shall maintain,review and update,at least every five(5)years,its Floodplain LO
Management Regulations(Chapter 122 of the Code of Ordinance,Part II,Land Development),
designed to:
1. Restrict or prohibit uses which are dangerous to health,safety and property due to water or
erosion hazards,or which result in increases in erosion or in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities that serve such uses, be N
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains,stream channels,and natural protective barriers
that are involved in the accommodation of floodwaters;
4. Control filling,grading,dredging and other development that may increase erosion or flood
damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands:
U
Packet Pg. 2319
Policy 218.3.2
Monroe County shall continue its policy of reviewing the current Building Code and,as
appropriate,adopting structural standards and site alteration restrictions that meet or exceed
the minimum FEMA requirements.The Building Code shall be reviewed and revised at least
every five years.The recommendations of the applicable interagency hazard mitigation report
shall be considered in revisions to the Code.[F.S.§163.3178(2)(44f)4.1
r
Policy 218.3.3 CD
N
N
In all areas of special flood hazard,the standards of Section 122-4, Chapter 122-
0
Floodplain Management shall apply.
Objective 218.4
C�
ray coastal construction in Monroe County shall be consistent with Chapter 161,F.S.
Commented[ed34]:Modified from statutory prc
Section 163.3178(2)(f)5: "Require that any constru(
Policy 218.4.1 activities seaward of the coastal construction contra (Al
established pursuant to s.161.053 be consistent wii
The County shall require any coastal construction activities to be consistent with the relevant chapter 161." 0)
sections of Chapter 161, F.S.including Section 161.55, F.S.establishing that all land area
within the Florida Keys located within Monroe County be included within the coastal building Commented[ed35]:Policy recognizes unique Mc 70
zone and subject to the requirements for activities or construction with the coastal building zone. County designation within the coastal building zone ,k
this should be short given unique designation.
Objective 218.5 M
Keeping this very narrow. Not sure we need to inch
Encourage local governments to participate in the National Flood Insurance Program Community anything else.
Rating System administered by the Federal Emergency Management Agency to achieve floodEL
insurance premium discounts for their residents.
0
Policy 218.5.1
Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) CIL
Community Rating System(CRS)to the maximum extent possible and shall continue to seek to
improve its current CRS Class rating.[F.S.§163.3178(2)144(fll.
Policy 218.5.2 LO
Monroe County shall continue to develop data and dedicate the funding necessary to maintain CD
or enhance its current CRS Class rating through County resources,grants and/or partnerships. N
CD
Policy 218.5.3 CD I
CN
Monroe County shall continue to harmonize efforts related to participation in CRS,public LO I
outreach,sea level rise planning and disaster preparedness and recovery,to maximize County I
and flood insurance policy holder benefits.
0
OAL 219 Commented[ed36]:Placeholder.
The County shall develop adaptation action areas(AAAs)in those areas experiencing coastal flooding 0)
due to extreme high tides and storm surge and that are vulnerable to the impacts of sea level rise for the 0)
purpose of prioritizing funding for infrastructure needs and adaptation planning.[F.S.§163.31640)&
163.3177(6)(g)10.1. (a
tJ
Objective 219.1
Monroe County shall develop AAAs based on best available data to align its infrastructure and
service delivery,natural systems and disaster planning and response strategies to improve resilience
U
Packet Pg. 2320
to coastal flooding resulting from high-tide events,storm surge,flash floods,stormwater runoff,and
0
related impacts of sea-level rise
Policy 1 . ."219.1.1
Within five(5)years after the adoption of the 2030 Comprehensive Plan,Monroe County shall
identify criteria to define adaptati9R aGtO9R_e�AAAs3,or a similar concept to be defined by
the County,which may include infrastructure.Within five(5)years after the adoption of the 2030
Comprehensive Plan,Monroe County shall identify proposed adaptatm9R aGtO9R_ea"AAAs3,or
a similar concept to be defined by the County. Pups,aRt t Ghaptep 163 c c AAA-2-re th se
ARtO R Ian ..iU....+i..R Wot.later Yodates to the 2030!`..PRPF8h8R8i..8 Flo.. nn..Rre !`.. ..+.,
Commented[ed37]:Seems premature to state vshall update
- be contained within the AAAs policies,designations r
maps.Further objectives and policies may or may n
include actual strategies? N
Commented[ed38]:Left this in Energy and Clim:
Element because its more related to overall climate 'a
level rise planning.
0
0
0
CL
LO
I
CD
CD
CD
N
LO
I
C
0
tJ
tJ
U
Packet Pg. 2321
�,,
'r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ���r�`� � Craig Cates,District 1
r, Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: K.10
Agenda Item Summary #7787
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
cv
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 cru
N/A
2
AGENDA ITEM WORDING: Update on the Florida Statute requirement to evaluate a --
comprehensive plan every seven years, including review of the County's draft evaluation and w
appraisal notification letter to the Florida Department of Economic Opportunity (DEO) which is a
required to be sent to DEO by May 1, 2021, outlining the three minimum requirements: 1) update c
comprehensive plan to address the Peril of Flood legislation, 2) to update definition of the term
`development', and 3) to inform DEO on the County's plan to address Rule 28-20 Work Program
requirements to analyze and provide recommendations on Tier (Zoning) Overlay District Maps
updates. Lastly, discussion and direction to staff on other potential updates to the comprehensive
plan, which are not required and do not get included in the letter to DEO, but have been found by
staff to be needed, such as: 1) update the newly adopted Rule 28-20 references within the
comprehensive plan; 2) update the County's Coastal High Hazard Area (CHHA) depiction on the
co
Future Land Use Maps; 3) extending the deadlines (or eliminating) within the comprehensive plan
(policies stating "within X years after the adoption of the comprehensive plan" where the deadline
has already passed); and 4) general text updates, corrections to text and grammatical errors and
clean-up of policies. E
ITEM BACKGROUND: Attached is the draft evaluation and appraisal of comprehensive plan
notification letter to DEO that indicates that two amendments are necessary to reflect changes in
requirements in State Law (see below) and informs DEO on the County's plan to address Rule 28-20
Work Program requirements to analyze and provide recommendations on Tier (Zoning) Overlay
District Maps updates. The final evaluation and appraisal notification letter will be placed on the
April BOCC meeting for BOCC approval.
Pursuant to Section 163.3191, F.S., the County's previous Evaluation and Appraisal Report (EAR)
was adopted by the BOCC on May 22, 2012 via Resolution 150-2012. The County prepared
Comprehensive Plan amendments in accordance with the 2012 EAR.
After statutory updates to Section 163.3191, F.S., DEO revised the Monroe County evaluation and
appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, F.A.C. On April 23, 2014, the
Packet Pg. 2322
BOCC approved the EAR Notification Letter to DEO which specified the necessary plan
amendments required to reflect changes in requirements in State Statutes. The County prepared
Comprehensive Plan amendments in accordance with the 2014 EAR notification letter.
The BOCC adopted the 2030 Comprehensive Plan in April 2016 pursuant to Ordinance 005-2016,
which included the County's EAR-based amendments. The Monroe County Year 2030 a
Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website 0
on June 20, 2016.
As required by statute, the County must evaluate its comprehensive plan every 7 years and determine
if plan amendments are necessary to reflect changes in state requirements (i.e., does the County need L1°
to update its comprehensive plan to satisfy statute requirements). C44
CD
4-
163.3191 Evaluation and appraisal of comprehensive plan.— 0
(1)At least once every 7 vears, each local government shall evaluate its comprehensive plan to determine if >
plan amendments are necessary to reflect changes in state requirements in this part since the last 2
update of the comprehensive plan, and notift the state land planning agency as to its determination.
(2) If the local government determines amendments to its comprehensive plan are necessary to reflect
changes in state requirements, the local government shall prepare and transmit within 1 vear such
Uj
plan amendment or amendments for review pursuant to s. 163.3184. a
(3) Local governments are encouraged to comprehensivelv evaluate and as necessary, update 0
comprehensive plans to reflect changes in local conditions. Plan amendments transmittedpursuant to
this section shall be reviewed pursuant to s. 163.3184(4).
4 I a local government fails to submit its letter prescribed by subsection 1 or update its plan pursuant
O .f g f � P" O P � P P �
to subsection (2), it may not amend its comprehensive plan until such time as it complies with this
section. Uj
(5) The state land planning agency may not adopt rules to implement this section, other than procedural U_
rules or a schedule indicating when local governments must comply with the requirements of this
section. co
C1
ram.
CD
ram.
The County must notify the Florida Department of Economic Opportunity (DEO) of the
County's determination of necessary amendments by May 1, 2021. The proposed EAR-based
amendments will need to be transmitted to DEO by May 1, 2022 and the adoption of amendments is
anticipated to be around March 2023.
Staff conducted a thorough review of current Florida Statutes (2012-current) and the County has
determined two (2) amendments to its comprehensive plan are necessary to reflect changes in state C44
requirements for the Peril of Flood legislation (Section 163.3178(2)(f), F.S.) and the revision of
the definition of the term `development' (s. 380.04, F.S.; s. 163.3221, F.S.; and referenced in s.
163.3164(14), F.S.). Excerpts of the statutory changes are provided below. Additionally, The
associated Laws of Florida(2015-69 and 2018-34) for these updates are attached. �.
Packet Pg. 2323
Section 163.3178, Coastal Management Element(Chapter 2015-69,section 1, Lanus of Florida)
+ Acids a requirement that the redevelopment component of the Coastal Management
Element mast:
• Reduce the flood risk in coastal areas that result from high tide events, storm
surge, flash floods, stormwater runoff, and the related impacts of sea level rise.
• Encourage removal of coastal) real property from FEMIA flood zone designations.
+ Be consistent with or more stringent than the flood resistant construction
requirements in the Florida Building Code and federal flood plain management
regulations. a)
• Require construction seaward of the coastal construction control line to be
consistent with chapter 161, Florida Statutes.
• Encourage Vocal governments to participate in the National Flood Insurance �
N
Program Community Rating System to achieve flood insurance premirrnli discounts
for their residents..
>
0
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Act;
definitions(Chapter 2018-34, section 1, Laws of Florida)
• Amends the definition of"development"to exclude work by electric utility providers on
utility infrastructure on certain rights-of-way or corridors and the creation or termination c
of distribution and transmission corridors.
As a reminder, the County received a Florida Department of Environmental Protection Resilient
Coastlines Program Grant to address the "Peril of Flood" Legislation by preparing draft w
comprehensive plan amendments. These draft amendments were presented to the BOCC on May 20,
2020 (agenda item H5) and are anticipated to address the EAR-based amendment requirement. The
previous agenda item is attached.
co
CD
Tier Mans:
Pursuant to Section 163.3191, F.S., the County is only required to notify DEO of comprehensive
plan updates required by statutory updates; however, the County's former Rule 28-20 Work Program
also required the County adopt Policies establishing that with each evaluation and appraisal report,
the County will include an analysis and recommendations on the Tier (Zoning) Overlay District
Maps. An excerpt of the work program on tier map update is included below, as well as the
comprehensive plan provisions adopted by the County pursuant to the work program.
N
h
To address this requirement, the County is contracting with the Monroe County Property Appraisers
Office to acquire access to current aerials and the County is preparing Request for Proposals (RFPs)
to update habitat data (GIS mapping & dataset: types and boundaries of habitats) for the tier overlay
district maps and to evaluate listed, threatened, and endangered species as of 2021. Once this
updated information is available, the County will be forming a tier review committee to review tier
criteria, habitat, species, and lands acquired by public entities to determine if amendments are
needed to the tier overlay district maps to further protect and enhance native upland vegetation.
Packet Pg. 2324
This summary of County actions on the tier map update is proposed to be included in the County's
EAR notification letter to DEO to address the former Work Program provisions.
(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 flaps and System)
into the Comprehensive Plan based upon the recommendations of the Tier Designation Re-new Committee with the adjusted Tier
boundaries.
2.By July 1,2012,Monroe County shall adjust the Tier I and Tier III a.(SPA)boundaries to more accurately reflect the criteria
for that.Tier as amended by Final Order DCA07-GNH66 and implement the Florida Keys Carrying Capacity Study.utilizing the
updated habitat data-and based upon the recommendations of the Tier Designation Reviciv Committee Work Group-
3-By July 1,2012_ Monroe bounty shall create Goal 1.06 to complete the 10 Year IVork Program found in Rule 28-20.11.0_
F.L.C.,and to establish objectives to develop a build-out horizon in the Florida Keys and adopt conservation planning mapping into
the Comprehensive Plan. r
4.By July 1,2012,Monroe Counts'shall create Objective 106.2 to adopt conservation planning mapping Tier hTa s into the N
y 1 p p l�li { p
Monroe Comprehensive Plan based upon the recommendations of'the Tier Designation Review Committee Work Group-
5.By July 1,201.2;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-,uth evaluation and appraisal,report timelines.
6.By July-1,2012,Monroe Count,shall adapt.Policy 106.2.2 to establish the Tier Designation Work Group Review Coirrnuttee
to consist of representatives selected by the Florida Department of Economic Opportunity from Monroe County,Florida Fish& 0.
Wildlife. Conservation Commission_ United States Fish & 1ATildlife Service, Department of Environmental Protection and
environmental and odher relevant interests_ This Committee shall be tasked vvith the responsibility of Tier designation.revievz '✓
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 rezommended during 2009 and
subsequently coincide with the Evaluation and Appraisal report timelines begiiming ivith the :second Evaluation and:appraisal
review which folloiNs the adoption of the revised Tier System,and Maps as required above adopted in 2011.Each evaluation and �
appraisal report submitted follov--ing the 2011 evaluation and appraisal report shall also include an analysis and recommendations
based upon the process described above-
GOAL 106
Monroe Countv shall continue to maintain the Tier System to ensure growth initiatives recognize the
natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further p:
development, the need for the significant expansion of the public acquisition of vacant developable lands,
and to equitably balance the rights and expectations of private property owners.
co
r°
ram.
Objective 106.1 CD
Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity
Study, utilizing updated habitat data and recommendations of the Tier Designation Review Committee
(TDRC) Work Group. [Note: As amended by Final Order DCA07-GM166, parcels included in the E
challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the amended Tier
Criteria resulting fi^om the DOAH Case 06-2449(GAP].
m
Policy 106.1.1
Monroe County shall update habitat data and the Land Development Code Tier (Zoning) Overlay N
District Maps to coincide with the State comprehensive plan evaluation and appraisal schedule(May
N
1, 2021). r�
r
Policy 106.1.2
Monroe Countv shall establish a Tier Designation Review Committee(TDRC) Work Group to consist F
of representatives selected by the Florida Department of Economic Opportunitv(DEO)from Monroe
County Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, E
Department of Environmental Protection and environmental and other relevant interests. The TDRC
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 Capacitv Study. These proposed Land Development Code
Tier (Zoning) Overlay District Map amendments shall coincide with the State comprehensive plan
evaluation and appraisal schedule (May 1, 2021). Each comprehensive plan evaluation and
Packet Pg. 2325
appraisal submitted shall also include an analysis and recommendations based upon the TDRC
review process.
Policy 106.1.3
Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay
District Map, the County shall evaluate the listed threatened and endangered species (as of 2021)
and the criteria included in Policv 205.1.1 to determine if amendments are required to further Uj
protect and enhance native upland vegetation. Any Tier (Zoning) Overlay District Map amendment 0
completed prior to May 1, 2021 shall be processed according to state law and the Land Development
Code.
m
Other Updates:
Again, pursuant to Section 163.3191, F.S., the County is only required to notify DEO of
comprehensive plan updates required by statutory updates; however, the BOCC may want to also c
update comprehensive plan to reflect changes in local conditions and recent trends, issues and
challenges (including but not limited to, Hurricane Irma, Tropical Storm Eta, flooding events, the 0.
Covid-19 pandemic, and related budgetary impacts)which have impacted the County. t
These items do not have to be listed in the evaluation and appraisal of comprehensive plan
notification letter to DEO. While not required to be in the letter, staff is looking for BOCC direction 0
on potentially including other updates within the EAR-based amendments, (beyond the statutory
requirements) so staff can begin reviewing and preparing for such amendments.
Staff is looking for BOCC direction on including the following within the EAR-based
amendments:
1. Update the Rule 28-20 references within the comprehensive plan to reflect the recently
adopted Administration Commission Rule 28-20.140, F.A.C., with the updated Work
Program (mainly canal restoration work program). co
2. Updating the County's Coastal High Hazard Area (CHHA) depiction on the Future Land Use
Maps with the updated Florida Department of Emergency Management (2017) SLOSH
modeling. e
o Pursuant to Section 163.3178(2)(h), F.S., the CHHA is the area below the elevation of
the category 1 storm surge line as established by a Sea, Lake, and Overland Surges
from Hurricanes (SLOSH) computerized storm surge model. Pursuant to Section
163.3178(8)(c), F.S., the CHHA must be shown on the Future Land Use Map.
3. Extending the deadlines (or eliminate) within the comprehensive plan (policies with current
text stating "within X year after the adoption of the comprehensive plan" where the deadline
has passed) due to changes in local conditions and recent issues and challenges (like
Hurricane Irma), for example:
o Policy 105.1.1 - Monroe County, shall create an economic development framework for a
sustainable visitor-based economy, not dependent on growth in the absolute numbers of
tourists that respects the unique character and outdoor recreational opportunities available E
in the Florida Keys. Within three (3).years after the adoption of the 2030 Comprehensive �
Plan [due 20191, the County, will, with input from the business community, and other
stakeholders, develop an Economic Sustainability,Element, which focuses upon and promotes
redevelopment, considers the increasing cost of climate adaptation and the protection of
property.
Packet Pg. 2326
o Objective 207 2 - Within one (1)year after adoption of the 2030 Comprehensive Plan [due
20171,Monroe County shall prepare an inventory of active and abandoned mining sites.
o Potiey 210.1.8 - Within one (1) year after the adoption of the 2030 Comprehensive Plan
[due 20171, Monroe County shall prepare beach management plans for all publicly-owned
beaches (See Recreation and Open Space Obfective 1201.7 and related policies). Plans shall
be maintained to be consistent with the current County Restoration Plan.
o Potiey 212.1.1 - Within five (5)years after the adoption of the 2030 Comprehensive Plan �
0
[due 20211, Monroe County shall develop a Shoreline Use Priorities Plan which shall
provide for siting of uses consistent with the following order of priority: 1) water-dependent
uses, 2) water-related uses, 3) water-enhanced uses, and 4) uses that are not dependent upon
or related to shoreline access....
e(
o Potiey 213.1.1 - Within three (3)years after the adoption of the 2030 Comprehensive Plan
[due 20191, Monroe County shall complete a Public Access Plan for unincorporated Monroe
County.... N
o Objective 1201.6- Within two (2)years after the adoption of the 2030 Comprehensive Plan c
[due 20181, Monroe County shall update and adopt a parks and recreation master plan.
4. Text updates, corrections to text and grammatical errors and minor clean-up of policies, for
example:
o Potiey 102.4.E - ,he 611—
; , Monroe
County, in cooperation with the Land Authority, shall maintain a program to provide a
monetary incentive to private property owners to deed restrict their privately owned adjacent, 0
> incentive > > > >> > > > > >
vacant parcels to restrict residential development on the vacant parcels.
o Potiey 102.6.1 - Monroe County shall
maintain land development regulations which will further restrict the activities
m
permitted on offshore islands...
o Potiey 105.2.9 '§ tr,. Monroe County shall continue to explore additional �
funding sources for land acquisition... U-
e
o Potiey 204.2.2 - To protect submerged lands and wetlands, the open space requirement shall
be 100 percent of`the following types of`wetlands:... ... Allocated density (dwelling units per
acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood co
wetland only for use as transferable development rights away from these habitats. Submerged
CD
lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity.
E
o Potiey 204.2.E -
The definition of disturbed wetlands a
shall include those wetlands that receive a KEYWEP total functional index of 5.5 or less. CD
o Poticiy 401.1.1 - W ' rC
Monroe County shall maintain land development regulations requiring retail shopping N
facilities, of and similar uses generating over two thousand(2,000) trips per day be built
to accommodate mass transit by being designed to include such features as adequate turning
radii for large vehicles, direct access to sheltered areas with seating that can serve as a bus
stop and pedestrian access to adjacent properties. U"
o Potiey 701.5.7 - ai
E
�fnzr ,n ep Reserved. (ROGO includes positive points for cisterns and gray water
reuse system).
o Potiey 1302.1.4 -
Monroe County shall maintain--64-,-p€ land development regulations creating a required
Packet Pg. 2327
community, meeting to emphasize the importance of citizen participation as early as possible
in the planning and development review process.
PREVIOUS RELEVANT BOCC ACTION:
On May 22, 2012, the BOCC adopted the County's Evaluation and Appraisal Report (EAR) via
Resolution 150-2012.
On April 23, 2014, the BOCC approved the County's EAR Notification Letter to DEO which a�
specified the necessary plan amendments required to reflect changes in requirements in State
e(
Statutes.
N
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan via Ordinance 005-2016 and
transmitted the updated Comprehensive Plan to DEO on May 4, 2016. DEO issued a notice of intent c
to find the amendment"in compliance" on June 20, 2016.
2
CONTRACT/AGREEMENT CHANGES: .�.
N/A
0
STAFF RECOMMENDATION: Direction from the BOCC on the draft evaluation and appraisal
notification letter for submission DEO. The final evaluation and appraisal notification letter will be
placed on the April BOCC meeting for BOCC approval_
e(
DOCUMENTATION:
DRAFT County EAR letter to DEO due May 12021
DEO list of statutory changes to 163
Ch_2015-069_LOFco
_peril of flood
Ch_2018-34_LOF_definition of development
BOCC presentation_5_20_2020_H5-draft Peril of Flood amendments
E
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
�t
N
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:
Packet Pg. 2328
Grant:
County Match:
Insurance Required: n/a
Additional Details:
0
REVIEWED BY: a,
Emily Schemper Completed 01/27/2021 11:14 AM
Assistant County Administrator Christine Hurley Completed
01/28/2021 3:11 PM 04
Derek Howard Completed 01/29/2021 12:35 PM 04
Maureen Proffitt Completed 01/29/2021 1:08 PM c
Purchasing Completed 01/29/2021 1:24 PM
Budget and Finance Completed 01/29/2021 3:12 PM
Maria Slavik Completed 01/29/2021 4:52 PM C
Liz Yongue Completed 02/01/2021 4:09 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
0
CO
r�.
CD
CD
cv
cv
Packet Pg. 2329