Item L4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2011 Division: _Growth Management
Bulk Item: Yes _ No X Department: Building
Staff Contact Person/Phone #: Christine Hurl
(305) 289-2517
AGENDA ITEM WORDING: Discussion of and direction regarding October 31, 2011 - 2011
Florida Keys Area of Critical State Concern Annual Report.
ITEM BACKGROUND: The State of Florida Department of Economic Opportunity (DEO) issued
the Annual Report on October 31, 2011 (attached). The County has been found to have made
substantial progress toward accomplishing the strategies in the Work Program.
PREVIOUS RELEVANT BOCC ACTION:
October 19, 2011 — BOCC review of Monroe County Annual Report
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS:
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS: N/A
REVENUE PRODUCING: N/A AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Rick Scott Doug Darling
GOVERNORL; 1=1 6Y EXEcu`r']vE DIRECTOR
FLORIDA DEPARTMENTof
ECONOMIC UNf
October 31, 2011
The Honorable Rick Scott, Governor
Members of the Adm.inistration Commission
The Capitol
Tallahassee, Florida 32399-0001
Re: 2011 Florida Keys Area of Critical State Concern Annual Report
Dear Governor and 1/Iein.bers of the Administration Commission:
Pursuant to Section 380.0552(4)(b), Florida Statutes (F.S.), the Florida Department of
Economic Opportunity (Department) is pleased to transmit its 2011.Florida Keys Area of Critical
State Concern Annual Report. Section 380.0552(4)(b), F.S., requires the preparation of a report
that describes the progress of the Florida Keys Area of Critical State Concern toward completing
the tasks of the Work Program.
The Administration Commission issued a 30-Day report on December 30, 2010, to
Monroe County, the City of Marathon and the Village of Islamorada outlining the strategies
necessary for completion of Work program tasks. The 2010 30-Day Report was issued in the
form of a table detailing the strategies and the tasks with the relevant target dates for completion.
The Department has utilized the 2010.30-Day Report as a template for its 2011 Annual
Report, The Department's report includes information submitted by Monroe County, the City of
Marathon, the Tillage of lslarnorada, Key Largo Wastewater Treatment District, Florida
Department of Health, the Florida Department of Environmental protection, and the Florida Fish
and Wildlife Conservation Commission. Based upon this input, the Department's own review,
and coordination with the local governments on the chief findings, the attached report is
provided for your review.
The Department has evaluated the information provided by the local governments and
state agencies against the 30-Day Deport and the Work Program requirements. The Department
recommends that the City of Marathon, the Village of Islaraorada and Monroe County have
made substantial progress towards accomplishing the strategies of the 30-Day Report.
fhe Caldwell Buildin8 107 E. Madison Street Tailahassee, Florida 32399-4 120
850.245.7105 TTYITDD 1-300-955a8771 Voice 1-800-955-8770 FloridaJobs.org
An equal opportunity employer/prograrn. Auxiliary aids and services are available upon request io individuals with disabilities. All voice telephone
number's on this docurne€rt tnay be reached by persons usirap TTY/TDD equipment via the Florida Relay Service at 711 .
The Honorable Rick Scott, Governor
Administration Commission
October 31, 2011
Page 2 of 2
In accordance with its statutory charge found in Section 380.0552(4)(c), F.S., the
Department recommends the followino4:, actions:
(1) Accept the 2011 Annual Report for Monroe County, the City of Marathon and the
Village of Islamorada;
(2) Continue the Florida Keys Area of Critical State Concern designation in order to
complete the Work program requirements;
Zn
(3 )) Accept the Department's recommendation that substantial progress toward accomplishing
the strategies of the Work Program have been achieved for Monroe County, the City of
Marathon, and the Village of Islainorada;
(4) Recognize the City of Marathon's unprecedented progress in constructing centralized
sewer and the City of Marathon's debt to the state revolving loan fund. Direct the Areas
of Critical State Concern staff to coordinate with the City of Marathon's Planning staff to
amend the City of Marathon's Comprehensive Plan. The amendment would authorize a
"one-time"' award of 100 transient units. The plan amendment may also include an
additional 100 units composed of units from the Administrative Relief pool and
borrowing forward from the City's future allocations, and
(5) Direct the Areas of Critical State Concern staff to add the request from Marathon for any
future transient allocations to the Hurricane Evacuation Clearance Modeling Workshops'
agenda as a discussion item between all local governments and appropriate federal, state,
and local entities.
The Department appreciates the efforts of the local governments and looks forward to
continuing our cooperative relationship with the Florida Keys communities and working with all
parties to fully achieve the goals of the Work Program.
Sincerely yours,
�Dou Darling
In
Executive Director
TB/rj
Enclosures: Department of Economic Opportunity 2011 Removal of Designation Reports
cc: Heather Carruthers, Mayor, Monroe County
Ginger Snead, Mayor, City of Marathon
Michael Reckwerdt. Mayor, Islamorada, Village of Islands
Table of Contents
Letter to the Governor and Administration Commission Members.................................Tab
1
ExecutiveSummary...............................................................................................................Tab
2
Background..........................................................................................................................Page
1
Findings...............................................................................................................................
Page 1
Recommendations...............................................................................................................
Page 3
History.................................................................................................................................
Page 5
Geographic and Environmental Setting..............................................................................
Page 6
Impactsof Development.....................................................................................................
Page 8
Status of Work Program Task Achievement....................................................................
Page 11
City of Marathon Request Letter, August 8, 2011.......................................................
Attachment
2011 30-Day Report Matrices...............................................................................................Tab
3
2011 Florida Keys Annual Progress Report Summary...................................................................
LocalGovernment Matrices...........................................................................................................
Contents of Technical Appendix (included on CD)
• Florida Kevs Profiles
• Section 380.0552, Florida Statutes
• Section 381.0065(4)(1), Florida Statutes
• Section 403.086(10), Florida Statutes
• Rule 28-18.400, Florida Administrative Code (City of Marathon)
• Rule 28-19.310, Florida Administrative Code (Village of Islamorada)
• Rule 28-20.140, Florida Administrative Code (Monroe Count-)
• Monroe Count- 10-Year Work Program
• Chronology of Work Program
• Hurricane Evacuation Excerpt from the 2010 Florida Keys ACSC Annual Report
• Tropical Hardwood Hammock Clearing Excerpt from the 2010 Florida Keys ACSC Annual
Report
• Florida Keys Wastewater Funding Summaries
• Village of Islamorada Request for Proposal Wastewater Design, Build, Operate & Finance Report
• Village of Islamorada Wastewater Funding Needs
Florida Keys AC SC Annual Report — Executive Summary 1 2011
Background
Section 380.0552(4), Florida Statutes (F.S.), directs the State Land Planning Agency to submit a
report to the Administration Commission, describing in detail the progress of the Florida Keys Area
of Critical State Concern toward accomplishing the tasks of the Work Program and to provide a
recommendation as to whether substantial progress toward accomplishing the tasks of the Work
Program has been achieved. Section 380.0552(4), F.S., provides that:
(b) Beginning November 30, 2010, the state land planning agency shall annually submit a
written report to the Administration Commission ("Commission") describing the progress of
the Florida Keys Area toward completing the work program tasks specified in commission
rules. The land planning agency shall recommend removing the Florida Keys Area from
being designated as an area of critical state concern to the commission if it determines that:
1. All of the work programs tasks have been completed, including construction
of, operation of, and connection to central wastewater management facilities
pursuant to Section 403.086(10), F.S. and Upgrade of onsite sewage treatment
and disposal systems pursuant to Section 381.0065(4)(1), F.S.;
2. All local comprehensive plans and land development regulations and the
administration of such plans and regulations are adequate to protect the
Florida Keys Area, fulfill the legislative intent specified in subsection (2), and
are consistent with and further the principles guiding development; and
3. A local government has adopted a resolution at a public hearing
recommending the removal of the designation.
(c) After receipt of the state land planning agency report and recommendation, the
Administration Commission shall determine whether the requirements have been fulfilled
and may remove the designation of the Florida Keys as an area of critical state concern. If the
commission removes the designation, it shall initiate rulemak ing to repeal any rules relating
to such designation within 60 days. If, after receipt of the state land planning agency's report
and recommendation, the Commission finds that the requirements for recommending
removal of designation have not been met, the Commission shall provide a written report to
the local governments within 30 days after making such a finding detailing the tasks that
must be completed by the local government.
Findings
The 30-Day Report is in the form of a table listing both the tasks under the Work Program that
must be accomplished for substantial progress to be achieved and the specific, proposed
strategies that were developed with the Florida Keys communities to achieve the Work Program
tasks.
The 30-Day Report contains the status of the Work Program tasks in the third column as either
"achieved" or "not achieved". The 30-Day Report includes comments and information submitted
by Monroe County, the City of Marathon, the Village of Islamorada, Key Largo Wastewater
Florida Keys ACSC Annual Report — Executive Summary 1 2011
Treatment District, the Florida Department of Health, the Florida Department of Environmental
Protection and the Florida Fish and Wildlife Conservation Commission. This Executive
Summary should be used in combination with the 30-Day Report to expedite review.
The constriction of wastewater facilities in the Florida Keys is an excellent example of Governor
Scott's efforts to increase jobs in Florida through public/private partnerships. The wastewater
projects have created jobs to constrict the sewers, created additional plumbing jobs to make the
connection from the home to the collection line, and have provided jobs for the resurfacing of
streets and constriction of stormwater swales. The companies completing these tasks rent motel
rooms, buy groceries from local super markets and eat in local restaurants.
During this evaluation period, Monroe
County completed 64% of the tasks
targeted for completion in 2011.
However, the County completed 6
additional tasks that were scheduled for
completion in 2012. The tasks
completed early included wastewater
tasks within the Key Largo and Hawk's
Cay service areas. The County working
through the Key Largo Wastewater
Treatment District, created as an
independent special district by the
Legislature in 2002 to provide
wastewater facilities within the Upper Keys area of unincorporated Monroe County, has doubled
the number of connections to Equivalent Dwelling Units (EDUs) in the Upper Keys since the last
report period. An EDU refers to the standardization of land uses such as housing, restaurants,
office spaces, industrial plants, and hotel/motels to the level of demand for a single family
dwelling unit. For the purposes of wastewater projects, the EDU is utilized to determine the
connection(s) needed for a particular property or area.
Monroe County also completed the adoption of four (4) ordinances that assigned Tier Overlay
Designations. The Board of County Commissioners and staff, along with an appointed Tier
Designation Review Committee evaluated 3,394 parcels, conducted site visits, and held public
hearings to resolve a legal challenge by a local environmental group. The re-evaluation of the
parcels was a complicated and tedious task requiring many hours of evaluation, discussion, and
site visits by Monroe County biologists, private consultants, and volunteers from the appointed
committee. The completion of the task resulted in a cost to the County of more than $100,000
which does not include the travel costs and salaries of the appointed committee. When the
ordinances were adopted a second time, only one parcels was challenged. The County is to be
commended for the completion of this difficult task which is integral to the implementation of
the Building Permit Allocation System.
Of the tasks scheduled for completion by the County, four tasks were considered incomplete. A
stormwater management task was delayed and no funding was allocated in the capital
improvements for stormwater improvements. The County achieved 42% of the EDU
2
Florida Keys AC SC Annual Report — Executive Summary 1 2011
Connections in Key Largo while their goal was 50%. The fourth task relates to funding for the
Cudjoe Regional Wastewater Treatment Plant. The County has indicated a shortfall in funding
for the Cudj oe Regional Wastewater Treatment Plant.
The Village of Islamorada completed 69% of their assigned tasks targeted for completion in
2011. The Village's negotiations with the Key Largo Wastewater District were delayed and
addendums to the request for proposal have postponed the receipt and subsequent award of the
contract for the Design, Build, Operate, and Finance the wastewater system. The delays affected
the Village's ability to complete four tasks. The Village anticipates reviewing the Requests for
Proposal and selecting an applicant to the Design, Build, Operate, and Finance the wastewater
system in December 2011. However, while the Request for Proposal makes general reference to
possible funding sources for the life -cycle cost of wastewater facilities, until the Design, Build,
Operate and Finance provider is selected or rejected, an agreement with the Key Largo District
materializes or does not materialize, or the Village finalizes some other viable alternative,
financing for the wastewater system in the Village remains uncertain.
Marathon has completed 94% of their assigned tasks targeted for completion in 2011 and
completed 6 tasks scheduled for 2012. Marathon is making steady progress in completing their
wastewater projects. All wastewater treatment plants for the sub areas have been constricted
and connections to EDUs are increasing each day. The incomplete task requires the adoption of
a Comprehensive Plan Policy discouraging private applications for Future Land Use Map
amendments which would increase allowable density/intensity on lands in the Florida Keys. The
Marathon City Council has directed the City Planning staff to develop a mechanism for the
transfer of development rights from environmentally sensitive areas such as Grassy Key to the
central portions of the City. Marathon staff anticipates completion of this task in the coming
year. Due to legal circumstances beyond the City's control, a plant site was not secured at
Knight's Key and the plant was not constricted. The City connected this service area through a
force main to a different plant. These tasks were not counted as complete or incomplete.
Recommendations
Section 380.0552(4)(b), F. S., directs the Department to provide a recommendation regarding
whether substantial progress has been made towards accomplishing the tasks of the work
program. The Department makes the following recommendations:
(1) Accept the 2011 Annual Report for Monroe County, the City of Marathon and the
Village of Islamorada;
(2) Continue the Florida Keys Area of Critical State Concern designation in order to
complete the Work Program requirements;
(3) Accept the Department's recommendation that substantial progress toward accomplishing
the strategies of the Work Program have been achieved for Monroe County, the City of
Marathon, and the Village of Islamorada;
Florida Keys ACSC Annual Report — Executive Summary 1 2011
(4) Recognize the City of Marathon's unprecedented progress in constricting centralized
sewer and the City of Marathon's debt to the state revolving loan fund. Direct the Areas
of Critical State Concern staff to coordinate with the City of Marathon's Planning staff to
amend the City of Marathon's Comprehensive Plan. The amendment would authorize a
"one-time" award of 100 transient units. The plan amendment may also include an
additional 100 units composed of units from the Administrative Relief pool and
borrowing forward from the City's future allocations; and
(5) Direct the Areas of Critical State Concern staff to add the request from Marathon for any
future transient allocations to the Hurricane Evacuation Clearance Modeling Workshops'
agenda as a discussion item between all local governments and appropriate federal, state,
and local entities.
Florida Keys ACSC Annual Report — Executive Summary 1 2011
History
In 1972, the Florida Legislature adopted the Environmental Land and Water Management Act
which provided the basis for the State to designate an Area of Critical State Concern. To be
designated, an area must contain, or have a significant impact upon, environmental or natural
resources of regional or statewide importance where uncontrolled private or public development
would cause substantial deterioration of such resources. Examples of resources of regional or
statewide significance include: state or federal parks, forests, wildlife refuges, wilderness areas,
aquatic preserves, major rivers and estuaries, state environmentally endangered lands,
Outstanding Florida Waters, and aquifer recharge areas. The Act was adopted prior to the 1985
Growth Management Act and was written at a time when most local governments did not have
programs and personnel to guide development in a manner that would ensure that these resources
would be protected.
In 1975, the Legislature designated the Florida Keys (Monroe County and its municipalities) as
an Area of Critical State Concern. The Florida Keys received this designation due to the area's
environmental sensitivity and mounting
development pressures. The legislative intent
was to establish a land use management system
for the Florida Keys that would:
• Protect the natural environment and
improve the near shore water quality;
• Support a diverse economic base that
promotes balanced growth in accordance
with the capacity of public facilities;
• Promote public land acquisition and
ensure that the population of the Florida
Keys can be safely evacuated;
• Provide affordable housing in close
proximity to places of employment; and
• Protect property rights and promote
coordination among governmental
agencies that have permitting
jurisdiction.
In the early 1990s, Monroe County revised its Comprehensive Plan to be consistent with the
1985 Growth Management Act. The Plan drew legal challenges from numerous parties, with
litigation lasting several years. In 1997, the Administration Commission entered into a stipulated
settlement agreement to resolve the litigation. The Administration Commission adopted Rule
28-20, F.A.C., containing a Work Program, that when completed, would protect the
environment, resolve challenges raised by the various parties, and ultimately, lead to repeal of
Florida Keys ACSC Annual Report — Executive Summary 1 2011
the designation. These administrative proceedings highlighted specific aspects of the Florida
Keys ecosystem as having already exceeded the carrying capacity thresholds of the environment
to sustain additional impacts from development. Of particular concern was the declining water
quality of the near shore environment due to a lack of central sewer facilities.
The Work Program has been amended by the Administration Commission to focus on four
topics: water quality improvements, habitat protection, hurricane evacuation and affordable
housing. When the time frame for completing the Work Program, pursuant to Rule 28-20.110,
F.A.C., expired in 2007, it was clear that the constriction of central wastewater facilities and the
upgrade of all On -Site Sewage Treatment and Disposal Systems to advanced treatment standards
would not be complete by the 2010 legislative deadline. Asa result, the local governments of
the Florida Keys were successful in obtaining a legislative change to provide a deadline
extension from December 2010 to December 2015 for all sewage disposal systems to be
upgraded to meet standards that were initially adopted by the Florida Legislature in 19991.
The Florida Administration Commission, in 2011, adopted amended riles for Monroe
County, and new riles for the City of Marathon and the Village of Islamorada to update the list
of unfinished tasks and establish measurable wastewater constriction priorities and dates. The
adopted riles also implemented Chapter 403, F.S., by adopting the wastewater treatment
constriction schedule provided for in Section 403.086(10)(b), F.S.
Geographic and Environmental Setting
The Florida Keys are a chain of
lushly vegetated tropical islands
surrounded by clear shallow ocean
waters teeming with sea life. The
islands are connected by a narrow
ribbon of US Highway 1 stretching
112 miles and spanned by 19 miles
of bridges. The highest point of
elevation along these rocky islands is
only 18 feet above sea level and
there is no point that is more than 4
miles from water. The Florida Keys
are isolated from the rest of the state
and receive electricity and potable
water from Florida City, located on
the Florida mainland.
The environment and the economy are inextricably linked in the Florida Keys. Tourism is the
chief economic engine in the Florida Keys with over $1.2 billion dollars being spent annually by
over 3 million visitors. Nestled in the turquoise -blue waters, among sensitive coral reefs and
1 See Tecluucal Appendix for standards in Sections 381.0065(3)(h) and (4)(1) and 403.086(10), F.S.
Florida Keys ACSC Annual Report — Executive Summary 1 2011
highly productive marine nurseries, the Keys are an international mecca for sport fishing, diving,
boating, cruising, and wildlife viewing. Most of the visitors travel to the Keys to participate in
recreational diving, snorkeling, and wildlife viewing activities. Recreational and commercial
fishing are the next most important
sectors of the local economy, annually
contributing an estimated $557 million to
the local economy. Clean water in the
Keys is essential to maintaining a strong
tourism base. As indicated by the Florida
Keys National Marine Sanctuary, the
effects of the impacts on habitat and
water quality "may take years to become
apparent, but these values have long-
lasting socio-economic effects."
Maintenance of the Keys' natural
resources is necessary for a sustainable
market economy which is dependent
upon clean water and abundant natural
resources. More than 33,000 jobs in the
Keys are supported by ocean recreation and tourism accounting for 58% of the local economy
and $2.3 billion annually in sales. The cost of water quality improvements in the Keys are a
small fraction of the long term asset value that the natural resource provides to the economy of
the Florida Keys.
The Keys ecosystem evolved in clear waters with low nutrients and its continued survival is
dependent upon maintenance of clear, low nutrient waters. All the waters adjacent to the islands
have been designated as Outstanding Florida Waters, and include the Florida Keys National
Marine Sanctuary -the largest national marine sanctuary in the United States. The Florida Keys
outer reefs form the third largest
barrier reef system in the world. The
natural communities that make up the
Florida Keys ecosystem exist in a
dynamic equilibrium, which means
that changes that result in a direct
impact to one community type can
have profound effects on adjacent
communities.
The Florida Keys form a unique sub-
region that is able to support a
combination of marine and
tropical upland habitats that have one
of the highest numbers of endemic and
National Marine Sanctuan - Program, National Oceanic and Atmospheric Administration, National Ocean Seivice,
and US Department of Commerce. 2007. Florida Keys-atiorral -IIarirre ,10lictuary Revised AIariawemerlt Plarl.
http://floridakeN-s.noaa.gov/mgmtplans/2007.litm1
Florida Keys ACSC Annual Report — Executive Summary 1 2011
listed plant and animal species in North America. Globally imperiled habitats including tropical
hardwood hammocks, pine rocklands, and coastal rock barrens all occur in the Florida Keys
along with mangrove swamps and coastal salt marshes. The Keys are located within the Atlantic
flyway, one of four major travel corridors in the world that migratory birds follow on spring and
fall migrations that provide critical nesting, feeding and resting areas for more than 250 species
of birds and the endangered Schauss Butterfly.
Impacts of Development
Land development in the Keys has
displaced nearly 50% of all upland habitats
and created a patchwork of land cover
resulting in reduced ecological functions
such as lower biodiversity, increased
vulnerability to invasion by exotic plant
and animal species and decreased gene
flow within and among endemic species.
The situation is exacerbated by past
wastewater management practices.
Within the Florida Keys, the constriction
of wastewater infrastructure has not kept pace with development. Historically, development in
the Keys relied on the use of cesspits and septic tanks which provide little or no treatment of
domestic wastewater in porous limerock substrates.
Cesspits are man-made holes in the ground with no
bottom and drain field. Wastewater Treatment
Package Plants in the Florida Keys dispose of their
yf treated effluent below the ground using either shallow
90 foot injection wells or 3,000 foot deep injection
{" wells. The effluent from these sources containing
nutrients and human pathogens rapidly migrate to
surface water as a result of tidal pumping. The
cumulative effects of these discharges have led to
water quality degradation. Since 1999, there have
been ongoing local and state efforts to upgrade or
connect to central sewer 23,000 On -Site Sewage
Treatment Systems which initially included 2,800
illegal cesspits) and approximately 249 Wastewater
Treatment Package Plants. These systems were
targeted for upgrade by December 2010.
In 2009, it became clear that the local governments
would be unable to meet the deadline. Through a collaborative process, the legislation was
amended to extend the deadline for upgrading wastewater treatment systems to 2015. Senate
8
Florida Keys ACSC Annual Report — Executive Summary 1 2011
Bill 550 revised Sections 380.0552, 381.0065 and 403.086, F.S., to accomplish the wastewater
tasks (included in the Technical Appendix).
The Florida Keys Area of Critical State Concern includes the local governments of
unincorporated Monroe County, the City of Marathon, the Village of Islamorada, the City of
Layton, the City of Key Colony Beach and the City of Key West. A profile of each community
can be found in the Technical Appendix of this report. The Cities of Layton, Key Colony Beach
and Key West have already constricted centralized sewer systems that provide advanced
wastewater treatment. Only unincorporated Monroe County, the City of Marathon, and the
Village of Islamorada have tasks within the Work Program regarding the construction of these
facilities, although the Key Largo Wastewater Treatment District is expressly responsible under
Section 403.086(10), F.S., for providing wastewater facilities within its jurisdiction. To date,
$574 million has been spent on funding for centralized sewer systems for the Florida Keys. The
State and Federal governments have contributed $13 5 million in grants and $144 million in
loans. Local governments of the Florida Keys have contributed $285 million from local funds.
Computer modeling is used to estimate the
maximum number of cars and people that can
be evacuated within the 24 hour clearance time
that has been established within the
comprehensive plans of all the communities
and is also required by Section 380.0552
(9)(a)2., F.S. For hurricane evacuation,
Administration Commission directed the Areas
of Critical State Concern staff to:
• Conduct workshops in the Florida Keys
with the local governments to update
the hurricane evacuation clearance time
model with recently released 2010 US
Census data;
Florida Keys AC SC Annual Report — Executive Summary 1 2011
• Evaluate potential build out scenarios and determine how much additional development
can occur and still evacuate the permanent population of the Florida Keys within 24
hours as required by Section 380.0552(9)(a), F.S.; and
• Develop a memorandum of understanding regarding the variables and assumptions used
in the hurricane evacuation model.
The Areas of Critical State Concern staff will initiate the hurricane evacuation workshops in
January 2012 in conjunction with the local governments within the Florida Keys, South Florida
Regional Planning Council, the Division of Emergency Management, the Florida Department of
Transportation, and other local groups to explore future potential growth scenarios to evaluate
the remaining development that may take place within the Florida Keys.
Related to this issue, the City of Marathon has requested that the Administration Commission
recognize the achievements of the City and the debt that the City has incurred through loans from
the State Revolving Loan Fund and award 200 transient units to the City. The City's formal
request letter, dated August 8, 2011, is included as an attachment to the Executive Summary.
6
Florida Keys AC SC Annual Report — Executive Summary 1 2011
Status of Work Program Task Achievement
The local governments' status in accomplishing each task can be found on the attached 30 Day
Report Matrices. The following narrative summarizes the collective progress toward achieving
the Work Program Tasks scheduled for completion during the Year 2011. The tasks from the
Work Program matrix are framed in the box with the status below.
The Administration Commission directed the local governments to submit a report
annually on the land acquisition funding and efforts in the Florida Keys and the purchase
of parcels where a local government building permit allocation has been denied for 4 years
or more. (Rules 28-18.400(5)(a)6., 28-19.310(5)(a)1., and 28-20.140(5)(a)7.,
The Florida Keys have been on the Forever Florida priority acquisition list for the Division of
State Lands since 1983. Since that time, the State has spent more than $241 million acquiring
9,546 acres of environmentally sensitive land. Approximately 60-70% of the Florida Keys area
is in public ownership.
In 2006, it was estimated that approximately $354 million would be needed to acquire the
balance of the vacant privately owned environmentally sensitive lands in the Florida Keys. This
represents about 15% of the land in the Florida Keys.
Development within the Keys is implemented through a competitive application procedure that
directs growth away from environmentally sensitive land and guides development toward areas
containing minimal vegetation with infrastructure such as potable water, central sewer, paved
roads, and electricity. Each local government has adopted a cap on the number of new
residential dwelling units that can be constricted each year. Land owners whose applications do
not compete well in the building permit allocation system due to the environmental sensitivity of
the parcel may apply for Administrative Relief if they have not been awarded a permit within
four years of their initial application. If the parcel is located within a Florida Forever targeted
acquisition area, or within areas targeted for acquisition by the local government, the local
government may offer to purchase the property. If not, the applicant may be awarded a building
permit or continue in the building permit allocation system and earn additional points toward a
future allocation.
Monroe County: During the past year, Monroe County considered five Administrative Relief
applications and purchased 25.6 acres at a cost of $714,554. An additional $65,000 was spent on
other environmentally sensitive land for a total acquisition of 26.5 acres for the year. The
Monroe County Land Authority was reimbursed $450,000 for land purchases made within the
Big Pine Key Deer Sanctuary that were subsequently deeded to the Federal Government. The
Land Authority also spent $308,000 for the removal of invasive plants and restoration of publicly
owned land.
Marathon: During this period, there were no administrative relief permits that were located
within Florida Forever boundaries for the City of Marathon.
Florida Keys AC SC Annual Report — Executive Summary 1 2011
Islamorada: The Village considered two Administrative Relief applications that were located
within the Florida Forever boundaries. No offers for purchase were made.
By July 1, 2011, and each year thereafter, the local governments shall apply to the South
Florida Water Management District for stormwater funding. (Rules 28-18.400(5)(d)2. and 28-
20.140(5) (d)2., F.A. C.)
Due to budget constraints at the state level, no stormwater funding was available from the South
Florida Water Management District. As a result, none of the local governments applied for
funding. This task was not counted in the determination of substantial progress and remains for
completion in future years.
Local governments were directed to complete projects identified in the Mormwater
Management Master Plan. (Rules 28-18.400(5) (d) and 28-20.140(5) (d), F.A. C.)
Monroe: The County scheduled projects on Card Sound Road but was unable to move forward
with constriction due to budgetary, permitting and ownership constraints.
Marathon: Marathon completed all targeted stormwater improvements.
Islamorada: Islamorada had no stormwater projects identified for completion.
By July 1, 2011, each local government shall develop and implement local funding necessary
to timely fund wastewater and future operation, maintenance, and replacement of facilities.
(Rules 28-18.400(5)(b)4., 28-19.310(5)(b)5., and28-20.140(S)(b)6., F.A.C.)
Monroe: Monroe County allocated $76 million in the Capital Improvements Budget for
wastewater facilities. The County has spent $128 million for wastewater improvements to date.
The County has received $24 million in State grants, $79 million in State loans and $29 million
from Federal funding sources.
The County has provided funding to the Key Largo Wastewater District, Hawk's Cay, Bay Point,
Big Coppitt, Stock Island and the Cudjoe Regional Facility. The County indicates a deficit of
funding to complete the Cudjoe System in the amount of $158 million. The County will hold a
referendum this spring to seek voter approval to extend the Infrastructure Sales Tax with
proceeds used for the constriction of central wastewater facilities. The County has established
varying rates of assessment for the wastewater facilities. The assessment for the Cudjoe Facility
is projected to be $23,000 per household without additional state or federal funding.
2
Florida Keys AC SC Annual Report — Executive Summary 1 2011
Marathon: The City adopted a Capital Improvements Budget of $12 million for wastewater
facilities. To date, the City has expended $84 million for wastewater from local funds. The City
has received $14 million in State grants, $60 million in State loans and $20 million from Federal
funding sources.
Islamorada: The Village adopted a Capital Improvements Budget of $276,000 for wastewater
facilities. The Village has spent $3.5 million for wastewater improvements to date. The Village
has received $11 million in State grants, $5 million in State loans and $2 million from Federal
funding sources.
By July 1, 2011, and each year thereafter, each local government shall annually evaluate its
wastewater needs, allocate funding for wastewater implementation, and apply to at least one
state or federal grant program for funding. (Rules 28-18.400(5)(b)3., 28-19.310(5)(b)4., and
28-20.140(5)(b)5., FA.C)
Monroe: The County has applied for funding.
Marathon: The City did not apply for funding because they are fully funded.
Islamorada: The Village has applied for funding.
The Administration Commission directed the local governments to continue implementation of
the Wastewater Master Plan, to def ne a construction schedule by phases, to develop facility
plans and secure funding to implement the plan.
The constriction of modern, centralized wastewater infrastructure is essential to support the
marine environment, public health, and quality of life and economy of the Florida Keys.
Beginning in 1987, the Administration Commission has encouraged the constriction of local
government wastewater facilities to achieve higher levels of treatment, and the elimination of
small, older wastewater plants, septic tanks and cesspits. Based on significant evidence that poor
water quality in the Keys was related to inadequate wastewater management, the Legislature
enacted Section 6 of Chapter 99-395, Laws of Florida, as amended, as well as Sections
381.0065(3)(h) and (4)(1) and 403.086(10), F.S., to require all sewage facilities in Monroe
County and its municipalities, including septic tanks, package plants and cesspits, to comply with
the treatment standards by 2010. This deadline was extended to 2015 during the 2010 legislative
session to provide additional time for local governments to secure financing and complete
constriction.
Florida Keys AC SC Annual Report — Executive Summary 1 2011
APPROXIMATE # OF PACKAGE PLANTS
AND EDUS PER PROPOSED WASTEWATER
SERVICE AREA
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Monroe: Funding and constriction is
underway for all service areas within
unincorporated Monroe County with the
exception of the Cudjoe Regional
Wastewater Treatment Plant. The
County has completed the design of the
Cudjoe Regional Wastewater Treatment
Plant proposed for the Lower Keys. The
Cudjoe Regional Wastewater Treatment
Plant spans 50 miles of islands including
Big Pine, Big Torch, Little Torch,
Summerland, Sugarloaf and Cudjoe
Keys. The transmission and collection
line design for the central service area has
been completed. However, the outer
collection system has not been designed.
The County will place the Infrastructure
Sales Tax referendum on the 2012 ballot. If approved by the voters, the Infrastructure Sales Tax
for 12 years would generate approximately $50 million in bond proceeds. The County has
indicated that additional funding must come from the federal or state government to reduce the
cost to residents. Without a state or federal subsidy, the projected cost to residents could be as
high as $23,000 per EDU.
Approximately $158 million is needed to constrict the Cudjoe Regional Wastewater Treatment
Plant. The funding source has not been identified and assessments have not been levied. It is
unlikely that the County will be able to complete this system by the 2015 deadline. Given the
challenging economic times, the County may need to re-evaluate the scope of the wastewater
service areas. However, any changes to the existing service areas must be consistent with the
requirements of Section 403.086(10), F.S., which requires the County to provide complete
wastewater facilities for all areas designated within the defined service area(s) in the Monroe
County Sanitary Master Wastewater Plan. Any proposed changes to the service area would have
to be approved by the Administration Commission, in consultation with the Department of
Environmental Protection. In addition, any properties not served by central wastewater facilities
are required to have On -Site Sewage Treatment and Disposal Systems meeting the requirements
of Section 381.0065(4)(1), F.S. The County should also explore with the Florida Department of
Health and the Area of Critical State Concern staff how to eliminate approximately 800 cesspits
that continue to remain within this service area. Cesspits in the designated service areas were not
required to upgrade during the cesspit elimination program because it was anticipated that central
sewer would be available by 2010.
The Department of Environmental Protection has recommended that "the County provide a
financial plan for completing its wastewater improvements from local sources, which could
certainly be reduced if state of federal funds become available. Meeting the deadline for having
upgraded and operational facilities by December 2015 is not contingent on external funding
4
Florida Keys AC SC Annual Report — Executive Summary 1 2011
sources, and that same law and the Administration Commission riles based on it require the
development of a capital financing plan. Such a plan cannot be defined as adequate if it relies on
uncertain external sources of funding."
Marathon: All treatment plants have been constricted. The collection and transmission mains
are all under constriction or completed. All customers have been notified to connect to the
collection system. Those who have not connected have been referred to code enforcement and
the utility bills the applicant for the monthly fee.
Islamorada: The Village advertised to receive proposals for a Design, Build, and Operate
Wastewater Treatment system. The proposals were required to address two options. Option 1
included the cost to constrict transmission and collection lines with the effluent piped to the Key
Largo Wastewater Treatment Facility. Option 2 included the cost of the transmission and
collection lines and the constriction of one or more treatment plants within the Village. Efforts
to reach an agreement regarding the cost of the capacity at the Key Largo Wastewater Treatment
Facility have caused delays in receiving the Requests for Proposal. As a result, the Village will
not be prepared to select an operator until December 2011. The Village has approximately 200
cesspits that have not been upgraded. Cesspits in the designated service areas were not required
to upgrade during the cesspit elimination program because it was anticipated that central sewer
would be available by 2010.
Wastewater Summary: Of the recently constricted wastewater systems, approximately 44% of
Monroe County's EDU connections have been made. Marathon has connected 15% and
Islamorada has connected 12% of their potential EDU connections. During this year,
approximately 13,933 EDU connections were made. The table below summarizes the progress
toward completion of connections to EDUs as of October 7, 2011. The Planned EDUs column
stands for those EDUs that are currently planned to be connected while the Connected EDUs
column stands for those EDU connections that have been made.
Florida Keys AC SC Annual Report — Executive Summary' 2011
Estimated Wastewater Connection Progress As of October 24, 2011
Project
Planned EDUs
Connected EDUs
Layton
351
351
Islamorada N. Plantation
1,394
901
Islamorada Regional / Lower Matecumbe
7,008
0
Marathon Service Areas 1, 2 and 5
3,313
887
Marathon Service Area 3
2,501
0
Marathon Service Area 4
2,609
1,749
Marathon Service Area 6
928
867
Marathon Service Area 7
1,210
0
Bay Point
431
407
Conch Key
150
119
Duck Key
393
0
Hawk's Cay
909
909
Big Coppitt
1,711
1,305
Stock Island Vacuum/ Stock Island Gravity
2,750
2,616
Big Pine/Little Torch/Ramrod
4,9311
0
Lower Sugarloaf
0
0
Cudj oe/Summerland/Upper Sugarloaf
3 714
0
Key Largo Facility- Basin A
1,066
252
Key Largo Facility - Basin B
1,784
337
Key Largo Facility - Basin C
1,034
652
Key Largo Facility - Basin D
1,004
354
Key Largo Facility - Basin E
1,353
963
Key Largo Facility - Basin F
2,470
459
Key Largo Facility - Basin G
2,051
140
Key Largo Facility - Basin H
768
13
Key Largo Facility - Basin I
Not Determined
220
Key Largo Facility - Basins J and K
Not Determined
60
Key Largo Facility - Commercial
Not Determined
4,409
Layton
351
351
Islamorada
8,402
901
Marathon
10,561
3,503
Monroe
26,552
12,689
Florida Keys
45,485
17,093
i
constitutes one of the most significant remaining natural areas in the Florida Keys and represents a tremendous
passive recreational opportunity.
As you know, the allocation of residential density in the Florida Keys stems from the County's approval of the
ROGO Ordinance in 1993. Through ROGO, the total number of future residential unit allocations was based
upon the physical limitations imposed by U.S. Highway 1 when safely evacuating the residents and visitors to
the Florida Keys within a twenty-four (24) hour period in the event of a pending hurricane. Upon incorporated
in 1999, the City of Marathon obtained thirty (30) residential allocations annually, subtracted from the total
number originally available to the County.
Transient residential units are a sub -set of the total number of residential unit allocations. However, transient
residential units do not factor significantly into the hurricane model. Based agreement between State and
County Emergency Management offices, transient hotel/motel occupants, State Park occupants, and those in
mobile homes and low lying areas are required to leave the County before the County's permanent residents are
asked to evacuate under State and federal emergency management guidelines and the hurricane evacuation
operational standards pursuant to the referenced agreement. Therefore, by the time that an evacuation is
officially declared, all transient unit occupants have left the County.
The City awaits future efforts to run the hurricane evacuation model for the Florida Keys, but believes a number
of additional factors will weigh in favor of the City's request to receive transient units. ROGO was developed
in consideration of the 1990 permanent and seasonal populations of the Florida Keys. The impacts of the 2004
and 2005 hurricane seasons, the most strenuous downturn in the nation's economy since the Great Depression,
and the effects of the summer 2010 Gulf Coast oil spill have reduced through attrition the 2000 census
population of the Florida Keys. The population of Marathon in 2000 was estimated at 10,225. Comparison of
the 2000 and 2010 census figures indicate a 19.1 percent (1,958 permanent residents) loss in population during
the decade to 8,267. And, there are fewer permanent residents in Marathon now than at the time of the 1990
census; then standing at a population of 8,857. Monroe County is one of only two counties of 67 in Florida that
had a loss in population between the 2000 and 2010 census periods. These facts lead to two basic and critical
points:
1. Over and above the fact that transient units do not significantly affect the Florida Keys hurricane
evacuation model, the City of Marathon has far fewer residents to evacuate than it did three (3) years
prior to ROGO adoption by the County; and
2. 'The City of Marathon is straining under the impacts to its residents of three major events in the past
six (6) years of its short twelve (12) year history. The City must make necessary efforts to re-
vitalize its economy.
The City visualizes this point in time as an opportunity to refurbish older, less economically viable "mom and
pop" motels into hotel/motel resorts that will help the City's family oriented community thrive. The City's
airport, currently without commercial carriers may be uplifted as well with the additional passenger load that
hotel/motel development would afford. Such development will be supportive of the City's efforts to make Boot
Key Harbor and its airport "ports of entry" for vessels and aircraft arriving from foreign countries.
The City believes that it can and must capture a greater percentage of the more than three million people that
visit the Florida Keys each year. Tourism is the basis of the Keys economy. Consideration of the City's
Comprehensive flan and other sources indicates that the City has approximately 1,700 transient units between
traditional hotel/motel units, time share condominium dwellings, vacation rental homes, and recreational
2
0 �111KSQNM
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 743-0033 Fax: (305) 743-3667
www.ci,marathon.fl.us
UMME3M
Secretary Billy Buzzett
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Dear Secretary Buzzett:
It has been a pleasure to work with you and the staff of the Department of Community Affairs. Thank you for
the time spent with the City of Marathon during our recent visit to Tallahassee. The City looks forward to
meeting with you during your visit to the Florida Keys next week.
Pursuant to our ongoing dialogue, this letter has been drafted as a request to obtain transient residential units
outside of the framework of the Rate of Growth Ordinance (ROGO) and in consideration of the current
operational approach to implementing the hurricane evacuation model in the Florida Keys. The City of
Marathon is seeking 100 transient residential units (hotel/motel or RV units) immediately and a number not to
exceed 1,000 transient residential units over ten years predicated upon the output of the County hurricane
evacuation model.
During our meeting with you in March of this year, the principal -focal point of our discussion was the
revitalization of Marathon through the development of hotel/motel resort facilities which would lend themselves
to the City's character as a family friendly destination. We discussed future options in light of the City's
aggressive completion of infrastructure improvements required under the City's Work Program adopted as part
of its Comprehensive Plan.
Highlighting our achievements, the City will complete its obligations for necessary wastewater improvement
under 99-395, Laws of Florida on time. At the same time, the City will complete a stormwater system
throughout the City, incorporating all of its roads. This stormwater system far outreaches the expectations of
the County's stormwater master plan for the area and won the praise of, and Pisces Award from, the Florida
Department of Environmental Protection. This renewal has occurred through sound fiscal management,
coordination with its partners, and prudent utilization of available State and federal grant and loan opportunities.
The City has worked strategically with the State, utilizing the State Revolving Fund Loan Program, available at
rates well below the market, to leverage greater value for its dollar in the construction of its stormwater and
wastewater infrastructure. The City stood "shovel ready" when federal ARRA (American Recovery and
Reinvestment Act of 2009) funds became available to Keys' stormwater and wastewater projects.
Similarly, the City has worked diligently to acquire and steward the remaining and vital natural resources within
the City's limits. The City will soon receive a grant award from the NOAA Coastal and Estuarine Lands
Conservation Program (CELCP), through the Florida Department of Environmental Protection. This grant was
ranked 6 of 42 project proposals nationally and was first for State of Florida nominated projects. Funding
through CELCP will help the City acquire Boot Key, a 1,100 acre island within the City's jurisdiction that
vehicle sites. The City believes that with its essentially urban character, it will be economically sustained with
the redevelopment or future development of approximately 1.5 times the 1,700 transient units noted above.
It is anticipated that new development in the area will expand the tax base while imposing limited impacts to
existing; properties and development. A recent study developed for the Marathon market through the university
of Miami, Department of Economics, indicates that a hotel in the range of 100 rooms will generate some 532
jobs in the local economy. ,approximately 319 would be short term construction related positions, while the
remaining; 213 would include positions related to the long term operation of hotel services, associated eating;
establishments and amenities such as hotel fitness and recreation facilities. Expenditures related to hotel
construction would immediate filter into the local economy, while the salaries related to the long; term positions
created would have the long; term effect of expanding the local economy. This type of development, within the
scope of projected City build -out, was anticipated in the engineering and design of the City of Marathon
stormwater and wastewater systems. They will assist to pay down the debt and continuing costs associated with
these systems.
The City of Marathon has a maximum hotel/motel density of 25 units per acre. We expect typical hotel/motel
sizes of around 100 units. Thus, the request would require a total vacant or redeveloped land area of forty (40)
acres in ten (10) parcels each of a minimum four (4) acres. The City's Comprehensive flan indicates that there
is enough vacant land to accommodate as many as 1,000 units and that such proposed development would be
possible without impacts to natural areas within the City. The request would require that necessary public
services are available at the time of development. The City's wastewater system has been developed and
constructed to handle projected build -out of its vacant properties. City services such as solid waste, potable
water, and traffic infrastructure are and will remain adequate. There will not be a significant impact on the
existing; housing stock as the development would occur over a significant but discrete period and hotel/motel
developments are currently required to provide for workforce housing. We presume that in the process an aging
housing stock throughout the City will be redeveloped.
In summary, the City of Marathon is requesting an allocation of 100 transient residential units this year and up
to a total of 1,000 transient units in the coming ten (10) years. The City of Marathon has accepted and will meet
the challenge to provide state-of-the-art wastewater and stormwater infrastructure by July 2010 (end of 2011).
We are similarly working diligently to acquire remaining natural areas within the City, notably Boot Key. The
City believes it is prepared for and is poised for a significant redevelopment of its aging "mom and pop" motel
stock into family friendly hotel/motel resort developments. We believe that this development will revitalize and
then sustain the City's residents and their businesses. The City's request for additional transient units, outside
of the I OGO allocation process, is in keeping; with the goals of its Comprehensive Plan and will not impact a
major component of that flan, the hurricane evacuation element. We seek your vital assistance in
accomplishing the City's goal towards revitalizing and reinvigorating its economy.
Please help Marathon expeditiously accomplish its goal to bring the additional transient residential units to
fruition. We will provide any additional information that you might need. We will answer any questions that
you might have. Please do not hesitate to contact us.
inr y,
May 'ir Ginger Snead
City* Marathon
0
2011 Florida Keys Annual Progress Report Summary
A. Monroe
Monroe Tasks Completed
Task 12: Apply for land acquisition funding
Task 20: Wastewater funding in CIP
Task 22: Request Everglades bond issue
Task 2313rovide local funding for Everglades bond
Task 25: Apply for wastewater funding
Task 35: complete construction of collection basins I-k
Task 50: complete design of cudjoe plant and central collection system
Monroe Tasks completed Early
Task 3: Review of 3,000 tier parcels
Task 31: complete south transmission line
Task 32: complete design of collection basin c-k
Task 33: construct collection basins e-h
Task 34: schedule construction of collection basins i-k
Task 40: upgrade of hawks cay plant
Monroe Tasks Not complete:
Task 27: Implement local funding necessary for construction, maintenance
Task 36: Complete 50%of hook ups (30-40 complete)
Task 60: Allocate stormwater funding in CIP
Task 62: Stormwater project Card Sound Rd
Monroe not counted for or against
Task 61: Apply for stormwater funding
Monroe: completed 7 out of 11 tasks (64%) scheduled for the year and
completed 6 additional tasks early.
B. Marathon
Tasks Completed:
Task 2: Amend plan to develop mechanism for administrative relief
Task 3: Amend LDRs regarding administrative relief for land acquisition
Task 4: Amend comp plan to limit allocations in hammock
Task 5: Amend Idrs to limit hammock allocations
Task 7: Apply for land acqusition funding
Task 15: Allocate funding in CIP
Task 18: Allocate local funds to construct, operate, maintain wastewater
Task 19: Request Everglades bonds issuance
Task 21: Allocate local funding to support Everglades bond
Task 30: Boot key septic upgrade
Task 32: Complete sub area 3 plant
Task 33: Complete sub area 3 collection system
Task 34: Initiate connections to sub area 3
Task 43: Complete connections to sub area 6
Task 51: Allocate funding for stomrwater in CIP
Task 53: Stormwater for sub area 3
Marathon Tasks Completed early:
Task 16: Code enforcement for those who do not connect to collection system
Task 46: Award design of collection system for sub area 7
Task 54: Stormater for sub area 5
Task 55: Stormwater for sub area 7
Task 56: Remove stormwater outfalls
Marathon Tasks Not Achieved
Task 6: Discourage increases in densitv
Marathon Tasks not counted for or against
Task 17: Apply for wastewater funding
Task 25: Secure site (substituted force main substitute to sub area 1
Task 26: Build plant, substituted force main to sub area 1
Task 52: Apply for stormwater funding
Marathon completed 16 out of 17 tasks (94%) and completed 5 tasks early.
C. Islamorada
Islamorada Tasks complete:
Task 2: Apply for land acquisition funds
Task 9: Identify wastewater funding in CIP
Task 12: Apply for wastewater funding
Task 14: Implement local funding necessary to construct, replace, maintain
wastewater
Task 15: Request Everglades bond financing
Task 16: Develop local funding to support Everglades bonding
Task 19: Submit finance plan
Task 21: Advertise for design, build, operate
Task 23: Make available capacity for 700 additional PK connections (450)
Islamorada Tasks Not Achieved
Task 20: Conclude negotiations with Key Largo WWD for capacity
Task 22: Contract for capacity not signed
Task 24: Selection of Design Build Operate contractor delayed until Dec. 2011
Task 25: Submit status report demonstrating ability to complete work by 2015
(delayed until Dec)
Islamorada not counted for or against
Apply for stormwater funding not identified as a task
Islamorada completed 9 out of 13 tasks (69%) .
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Florida Keys Profile
Monroe County
Population
Acres (mainland)
(archipelago)
Wastewater
Dwelling Units
Tourist Units
Key West
Population
Acres
Wastewater
Dwelling Units
Tourist Units
Layton
Population
Acres
Wastewater
Dwelling Units
Tourist Units
73,090
500,480
65,280
Connections-12%
25,163
3,199
-1
22,364
3,705.E
Completed
14,107
7,992
191
85
Completed
184
36
Islamorada
Population
Acres
Wastewater
Dwelling Units
Tourist Units
Marathon
Population
Acres
Wastewater
Dwelling Units
Tourist Units
Key Colony Beach
Population
Acres
Wastewater
Dwelling Units
Tourist Units
6,119
4,552
Connections-12%
5,692
1,696
8,297
5,504
Connections-15%
6,187
1,973
760
286
Completed
1,431
503
Chronology of Work Program
1991
Monroe County adopted its Comprehensive Plan to meet the requirements of the 1985
Growth Management Act.
1993
■ The Comprehensive Plan was found not -in -compliance by the Department of Community
Affairs (DCA).
■ Only the Cities of Key West and Key Colony Beach have public wastewater facilities
with secondary treatment.
1994
■ An administrative hearing was conducted to determine the validity of the DCA's
approval and rejection of riles and as well as proposed Rule 28-20.100, Florida
Administrative Code (F.A.C.).
1995
Hearing officer's recommended order finds that near shore water quality has exceeded its
carrying capacity.
The Administration Commission entered a Final Order, finding the Plan not in
compliance, noticing a proposed rile and ordering facilitated rilemaking/mediation to
address outstanding issues.
1996
■ Ninety percent of the Plan became effective. Disputed provisions of the rile required
further action.
■ Mediation was conducted resulting in subsequent rile changes. The amended rile
introduced the Five -Year Work Program.
■ Rule changes were again challenged. At this point in time, Monroe County intervened in
alignment with the Administration Commission.
■ An administrative hearing was conducted. The proposed rile was upheld by Final Order
and the Administration Commission.
■ Annual reports related to the implementation of the Work Program are required to be
submitted to the Governor and Cabinet. Lack of substantial progress would result in a
loss of the 20% of annual allocation of building permits, originally established at 255
permits per year.
■ Five -Year Work Program requires the development of a carrying capacity analysis study
completed by July 2002.
■ The US Army Corps of Engineers and the DCA form a partnership to jointly fund and
complete the carrying capacity study. A scope of work is drafted, reviewed and
Chronology of Work Program
completed. The technical contractor is hired and work begins on the Carrying Capacity
Impact Analysis Model (CCIAM) and the study. The draft final report is issued in 2001.
1997
■ Governor and Cabinet adopt Five -Year Work Program that emphasizes preparation,
adoption and implementation of wastewater management master plan for the Florida
Keys.
■ The cesspit identification program estimates there are 23,000 private On Site Sewage
Treatment and Disposal Systems which include 7,200 unknown systems and estimates
there may be as many as 2,000 cesspits among the unknown systems.
■ Monroe County adopts an ordinance (03-1997) to identify and eliminate cesspits.
■ The ordinance and final order were appealed, oral arguments were heard and the First
District Court of Appeal's affirmed the Final Order in December 1997.
1998
The first Annual Report regarding progress in achieving the tasks of the Work Program is
reported to the Administration Commission (Governor and Cabinet). The DCA
recommends that substantial progress has been achieved.
■ The Village of Islamorada incorporates and begins working on its Comprehensive Plan.
Its initial allocation is set at 28 permits.
DCA provides $845,000 to Monroe County and the Village of Islamorada for cesspit
identification and removal.
1999
■ Legislature adopts HB 99-395 which sets water quality standards for the Florida Keys
and mandates implementation of the wastewater management plan by 2010.
■ The Governor and Cabinet revise the Work Program as follows:
• Accelerate the pace and increase the effectiveness of the cesspit
replacement effort through both a regulatory and an incentive -based
program;
• Establish one priority service area in each Rate of Growth Ordinance
(ROGO) area of the Florida Keys (Upper, Middle, and Lower) and initiate
planning, design, and constriction of these community wastewater
systems so that each system will begin operating by July 12, 2003;
After these three community wastewater systems in the priority service
area become operational, continue implementation of the Master Plan and
maintain an emphasis on service areas; and
Chronology of Work Program
Initiate cesspit identification and elimination outside of the service areas:
elimination of all cesspits outside of the service areas shall be complete by
July 12, 2003.
■ The second Annual Report to the Administration Commission documents a lack of
substantial completion of Work Program tasks and recommends a 20% reduction in
building permits. The report identifies lack of progress in cesspit identification and
removal and recommends that the Five -Year Work Program be revised.
■ Rule 28-20.100, F.A.C., is amended to implement the above -mentioned
recommendations.
■ The City of Marathon becomes incorporated. Marathon is allocated 24 permits
(reflecting the 20% reduction) and Rule 28-18, F.A.C., is adopted.
■ Funding begins to appear for design/constriction of wastewater facilities from Hazard
Mitigation Unmet Needs funds, a legislature appropriation, and the Monroe County
Infrastructure Sales Tax.
■ Monroe County adopts Ordinance 03 1- 1999 and initiates the term "Hot Spot" to define
areas that will become a wastewater service area.
■ The Legislature adopts Chapter 99-395, Laws of Florida, which established 1) that all On
Site Sewage Treatment and Disposal Systems that are classified as "unknown" and
located within non -service areas must be upgraded or replaced by July 12, 2003 and 2)
that all onsite systems shall cease discharging or shall be upgraded to Onsite Sewer
Treatment and Disposal systems with nutrient reduction (OWNRS) by July 1, 2010.
■ Efforts to widen the 18-Mile Stretch are challenged by environmental groups.
■ The City of Key Colony Beach's Wastewater plant is upgraded to Advanced Wastewater
Treatment status.
2000
■ Monroe County adopts its wastewater management plan. The plan identifies forty-four
study areas recommended for central or community wastewater systems at an estimated
cost of $437 million.
■ FEMA/US Fish and Wildlife lawsuit from Monroe County environmental organization
claiming that federal flood insurance is being granted to areas containing federally
endangered species.
■ DCA grants 99 affordable housing units to replace unlawful downstairs enclosures that
may be removed in accordance with rile adopted by FEMA.
■ Hurricane Evacuation Modeling projects the estimated evacuation clearance time for the
county at 25 hours and 32 minutes.
■ Affordable Housing Workshops conducted. Rule changes made to Florida Housing
Finance Rules. Building permit allocations that had been lost in previous years are
recycled to local governments for affordable housing.
Chronology of Work Program
2001
DCA submits the Annual Report to the Administration Commission and recommends
that substantial progress has been made and recommends that the Governor and Cabinet
restore the permits that were taken away in 1999. The Governor and Cabinet initiate rile
making to restore permits and the proposed rile is challenged.
The Village of Islamorada adopts its Comprehensive Plan. The Plan is found not in
compliance. Remedial amendments are found in compliance in September 2001.
The draft Carrying Capacity report is completed and peer -reviewed by the Natural
Research Council. In April 2002, the Council determines that the CCIAM is not ready to
determine the ability of the Florida Keys ecosystem to withstand all impacts of additional
development activities as required by Rule 28-20.100, F.A.C. The Research Council
supports the Terrestrial Module of the study which found that development had exceeded
the capacity of the Terrestrial environment to withstand additional development.
2001/2002
■ Constriction and/or improvement of wastewater facilities commences in three sites:
2002
Ocean Reef Sewer System upgrade and line extension;
Little Venice Wastewater Plant (New Constriction) in the City of
Marathon; and
Stock Island —Key West Resort Wastewater Plant collection lines
expanded.
DCA submits a revised rile based upon negotiations with challenging parties. The DCA
recommends that adequate progress was not made in Years Four and Five of the Work
Program. The Administration Commission reduces the permit allocation as follows:
• Monroe County 158
• Marathon 24
• Islamorada 14 (voluntarily reduced from 22)
2003
■ DCA submits a comprehensive summary of the Florida Keys ACSC Program since 1993
and an assessment of Work Program compliance by Monroe County, the City of
Marathon and the Village of Islamorada.
■ DCA identifies $52 million that has been allocated from federal, state and local sources
to wastewater management in the Florida Keys since this effort began.
■ Hurricane Evacuation Workshops conducted and phased evacuation recommended by
committee to be adopted into all local government Plans.
■ Nutrient Reduction Credit program eliminated when Little Venice System comes online.
■ 805 cesspits eliminated.
2005
Chronology of Work Program
■ The following wastewater plants are under constriction: Key Largo Plant, Plantation
Key in Islamorada, Conch Key, Layton, Little Venice Plant in Marathon, Bay Point, and
Key West Resort Wastewater Plant at Stock Island.
■ DEP accelerates land acquisition efforts and Florida Forever boundaries are modified
with support from local governments.
■ The Village of Islamorada spends $1 million in funding to improve stormwater
management.
■ The conversion of mobile home and recreational vehicle parks become a growing threat
to de facto affordable housing.
■ Florida legislature allocates $7 million to the City of Marathon for wastewater
constriction.
■ DCA recommends substantial progress has been made. Strides made in creating
affordable housing,
■ Moratorium on issuing units within high quality hammocks established.
2006
■ Bill 7121 requires uniform modeling of all regions of Florida and an update of surge
zones to be consistent with Federal government uniform methodology on hurricane
planning and modeling.
2008
■ The Administration Commission found that substantial progress was not achieved by
Monroe County in completing the Work Program tasks and directs staff to prepare the
30-Day Report to local governments within the Florida Keys as required by Section
380.0552(4), Florida Statutes (F.S.), at the October 28, 2008 meeting.
■ Administration Commission approved a 30-Day Report to Monroe County, the City of
Marathon and the Village of Islamorada outlining the steps necessary for completion of
Work Program tasks. The 30-Day Report details the tasks under the Work Program that
must be accomplished in order for interim or substantial progress to be achieved. The
Commission authorized staff to initiate rulemaking to implement the Work Program
tasks.
■ Technical Advisory Committee formed to evaluate hurricane evacuation modeling and
determine additional hurricane evacuation studies that are needed.
■ Rule Development Workshops in the Florida Keys
2009
■ Rule Development Workshop in Tallahassee.
Chronology of Work Program
2010
2011
SB 550 is passed and amends Sections 380.0552, 381.0065, and 403.086, F.S., extending
the deadline for the upgrade of On Site Sewage Treatment and Disposal Systems and
package plants to December 31, 2015.
Rules 28-18.400 (Marathon), 28-19.310 (Islamorada), and 28-20.140 (Monroe), F.A.C.,
are adopted by the Administration Commission and ratified by the Legislature. The riles
codify the Work Program tasks.
Hurricane Evacuation Excerpt from the 2010 Florida Keys Area of
Critical State Concern Annual Report
Division of Emergency Management Statewide Studies
Section 163.3178, F. S., requires the Division of Emergency Management to manage the
update of the statewide hurricane evacuation studies, ensure that the studies are done in a
consistent manner, and ensure that the methodology used for modeling storm surge is that used
by the National Hurricane Center. The Division of Emergency Management has contracted with
Florida's Regional Planning Councils to carry out statewide regional evacuation studies in
collaboration with county emergency management agencies to facilitate consistent methodology
integrated mapping and analysis of evacuations across Florida. The model includes updated
elevation data, surge modeling, behavioral analysis and an evacuation transportation analysis.
Section 163.3178, F.S., also requires comprehensive plans to address hazard mitigation
and protection of human life against the effects of natural disaster, including the capability to
safely evacuate the density of coastal population proposed in the future land use plan element in
the event of an impending natural disaster. Further, local governments must maintain their
adopted level of service for out -of -county hurricane evacuation for a category 5 storm event.
The Division of Emergency Management has developed a statewide modeling approach
that included hazards, behavioral, shelter and regional evacuation transportation networks
analysis. Behavioral surveys were conducted in each region. Planning assumptions regarding
evacuation participation rates, perception of risk, destination assignments, and vehicle usage,
were identified. The surge zones for each region were delineated. The analysis considers a wide
variety and complexity of regional evacuations and multiple scenarios. The modeling tested
various evacuation routes, timing strategies, shelter/refuge strategies, and traffic control
measures in order to minimize clearance times.
Regional (multi -county) and multi -regional impacts, as well as impacts from or evacuees
crossing from one county to another to other counties in the state were evaluated. Impacts on
county and regional shelter supply, and the county and regional evacuation routes clearance
times were determined based on scenarios, which affect part of the region, the entire region, and
multiple regions. The modeling analyzes how evacuation can be handled for multiple regions
evacuating at the same time.
For example, the South Florida Regional Evacuation Study, sponsored by the Division of
Emergency Management, is based on values that are proximal to the Florida Keys Model which
yields a similar evacuation clearance time, relying upon similar assumptions. The South Florida
Regional Evacuation Study model and the Florida Keys Model utilize the 2000 Census data
updated by subsequent building permit data provided by the local governments. Both models
utilize occupancy rates, participation rates, response curves, and the revised flow rate capacities
for US Highway 1 provided by the Florida Department of Transportation. Both models assume
that tourists and mobile home occupants left when the phased evacuation order was issued.
Page 28
The primary differences between the models pertain to participation and occupancy rates.
The South Florida Regional Evacuation Study model uses a participation rate of 100 percent in
its base scenario instead of the 90-95 percent participation rate used in the Florida Keys
Hurricane Evacuation Model. The South Florida Regional Evacuation Study model relies upon
the 2000 Census data for the occupancy rate because the Census data is more reliable with a
broader base. The Florida Keys Model discounts the occupancy rate by 20 percent in recognition
of the American Communities Survey which shows a decline in the occupancy rate for
permanent units
Consistent with Section 163.3178, F.S., the base scenario of the South Florida Regional
Evacuation Study will be used to evaluate requests for plan amendments that increase density
and intensity within the Coastal High Hazard Area. Operational scenarios depict evacuation from
Monroe County based upon hurricanes approaching from different directions. Operational
scenario 8 of the operational scenarios indicates that the evacuation time for permanent residents
with no other area being evacuated is currently 22 hours and 30 minutes.
While the South Florida Regional Evacuation Study results have not been published at
the time of report preparation, preliminary results indicate that a regional evacuation from
Monroe County and Miami -Dade County for an order requiring simultaneous evacuation would
result in a clearance time that exceeds 24 hours.
Conclusions
The hurricane evacuation clearance time has been estimated utilizing different models,
highway configurations and behavioral data. The resulting clearance times are between 16 hours
and 16 minutes to 27 hours and 2 minutes. Both the Florida Keys Models and the South Florida
Regional Evacuation Study provide model nuns that reflect a clearance time of 22 hours and up
to 30 minutes. Over the past two years the Department has updated the Florida Keys Hurricane
Evacuation Model assisted by numerous technical experts. It is clear that hurricane evacuation
models provide different outcomes based upon the assumptions made.
When reliable data are available, additional modeling should be done to evaluate how
hurricane evacuation clearance time will be affected by the increase and distribution of
development along US Highway 1 and the increase in occupancy of permanent units that are
occupied on a seasonal basis. The results of the 2010 Census will begin their release in April
2011, with other data such as demographic profiles, summary files of aggregated data, and
reports becoming available through September 2013. The 2010 Census data should be used to
refine the occupancy rate for future model scenarios.
The Department proposes to conduct workshops over the next six months with the local
governments, the Division of Emergency Management, and the South Florida Regional Planning
Council to discuss the Memorandum of Understanding, evaluate the model parameters and the
modifiable assumptions of the model. The Memorandum of Understanding should address the
model that will be utilized as well as the assumptions that will be employed by the local
Page 29
governments and the Department to run the model. Workshop discussions will also include an
evaluation of the continued usefulness of the Florida Keys Hurricane Evacuation Model. The
model was created more than ten years ago and more sophisticated, dynamic models are
currently available, such as the South Florida Regional Evacuation Study. This model developed
by the Division of Emergency Management which utilizes uniform criteria and modeling
parameters that have been developed for use throughout Florida. The Memorandum of
Understanding should address the model that will be utilized in the Florida Keys as well as the
assumptions that will be employed by the local governments and the Department to run the
model. The results of the evacuation clearance time are necessary to evaluate the number of new
dwelling units that can be constricted in the Keys and still maintain the 24-hour hurricane
evacuation clearance time.
Additional dialogue is needed among the Department, the Florida Keys local
governments, the Division of Emergency Management and the Florida Department of
Transportation to evaluate the use of South Florida Regional Hurricane Evacuation Study and to
reach consensus on the assumptions that will be used in the model. Decisions are needed
regarding the utilization of the South Florida Regional Hurricane Evacuation Study for hurricane
evacuation in the future. Additional modeling should be conducted at the local government level
to evaluate how evacuation clearance time is affected by the distribution of units along US
Highway 1. A sensitivity test of the values and assumptions of the South Florida Regional
Evacuation Study should be conducted.
Page 30
Tropical Hardwood Hammock Clearing Excerpt from 2010 Florida Keys
Area of Critical State Concern Annual Report
Conclusions
In high quality hammock areas, Monroe County allows twice as much clearing as
Islamorada and Marathon. The 10 percent allowed by the two municipalities is low for lots less
than 15,000 square feet in size and may result in a clearing allowance that is not large enough to
provide a buildable area. In the County, the amount of clearing allowed is high for lots 1 acre in
size and larger.
Regarding moderate quality hammock, the municipalities allow a greater amount of
clearing for lots over 15,000 square feet but lesser amounts of clearing for lots smaller than 5,000
square feet.
Consensus Recommendations: As a result of this analysis by the planning staff from the
Department of Community Affairs, Monroe County, the city of Marathon and the Village of
Islamorada, the following recommendations were made:
1. In Monroe County, the clearing of lots in Tier I shall be limited to 7,500 square feet per
principal dwelling unit and associated accessory strictures per buildable acres. For lots
greater than 10,000 square feet, clearing for one driveway of reasonable configuration up
to 18 feet in width is permitted for each parcel and shall be exempt from the clearing
limitations to provide reasonable access to the property. Clearing for a driveway that is
exempt from clearing limits shall be recommended by a County biologist and approved
by the Planning Director. In no case shall clearing exceed 20 percent of the entire site.
2. In Monroe County, the clearing of lots in Tier II (Big Pine and No Name Key) shall be
limited to 3,000 square feet or 40 percent, whichever is greater; however, clearing shall
not exceed 7,500 square feet, regardless of the amount of upland native vegetation.
3. In Monroe County, add clearing limits for Tier IIIa (Special Protection Area). Clearing
of Tier IIIa (Special Protection Area) shall be limited to 3,000 square feet or 40 percent,
whichever is greater; however, clearing shall not exceed 7,500 square feet, regardless of
the amount of upland native vegetation.
4. In Marathon, limit clearing of high quality hammock to a 7,500 square foot footprint for
the principle stricture. Additionally, allow one driveway no wider than 18 feet per parcel
in high quality hammock that is exempt from clearing requirements; however, in no case
shall clearing exceed 10 percent of the entire site.
In Islamorada and Marathon, limit the clearing of moderate quality hammock to 7,500
square feet or 30 percent, whichever is less.
6. For Marathon, Islamorada, and Monroe County, a minimum clearing area of 3,000 square
feet shall be allowed to provide reasonable use of property.
Page 15
7. Revise Monroe County Policy 101.5.4(3) to allow ROGO points for aggregated Tier IIIa
Special Protection Area lots provided that no more than 7,500 square feet of upland
native vegetation clearing is proposed.
8. Revise Monroe County Comprehensive Plan lot aggregation policies, land development
regulations, and Rule 28-20.120(4)(e), F.A.C., to limit clearing of aggregated lots that
receive points in the building permit allocation system from 5,000 square feet to a
maximum of 7,500 square feet.
9. Revise Marathon Land Development Regulations to require that any parcel located
within a contiguous hammock 5 acres in size shall be considered high quality hammock.
10. Eliminate the distinction between low and moderate quality hammock.
Page 16
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