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Item S13
Meeting Date: September 21, 2012 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley 289-2500 AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Section 118-9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administration Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28-20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. ITEM BACKGROUND: At its February 13, 2012 meeting, the BOCC passed Resolution #020-2012 to transmit a Comprehensive Plan text amendment to the State of Florida Department of Economic Opportunity (DEO) to adopt clearing limits for tropical hammocks and to strengthen the protection of upland native habitat. During a regularly scheduled meeting held on June 26, 2012, the Development Review Committee reviewed the subject request and recommended approval to the BOCC. During a regularly scheduled public hearing held on June 27, 2012, the Planning Commission reviewed the ordinance and recommended approval to the BOCC. Summary of proposed revisions: Existing Allowances Proposed Amendments 20% or 3.000sf, whichever is greater: but no greater than 7.500sf of upland native vegetative area (includes a driveway allowance for parcels greater than Tier I 20% 30,000 sfi Tier II 40% 40% or 3,000sf, whichever is greater; but no greater than 7.500sf of upland native vegetative area 40% or 3,000 s.f., whichever is greater; however, the maximum amount of clearing 40% or 3,000 s.f., whichever is greater; however, the maximum amount of Tier III shall be no more than 7,500 square feet, clearing shall be no more than 7,500 square feet, regardless of the amount of regardless of the amount of upland native upland native vegetative area (includes a driveway allowance for parcels vegetative area greater than 30, 000 sfi 401/6 or 3.000sf, whichever is greater, however, clearing shall not exceed 7,500sf of upland native vegetation(includes a driveway allowance for parcels Tier III -A greater than 30,000 s)g PREVIOUS BOCC L I, , CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. BUDGETED: Yes No iOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENC : ITEIT MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 118-9, OPEN SPACE REQUIRMENTS; TO ADDRESS THE CLEARING OF UPLAND NATIVE VEGETATION TO BE CONSISTENT WITH THE MONROE COUNTY 2010 COMPREHENSIVE PLAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during a regularly scheduled meeting held on June 26, 2012, the Development Review Committee reviewed the subject request and recommended approval to the Board of County Commissioners; and WHEREAS, during a regularly scheduled public hearing held on June 27, 2012, the Monroe County Planning Commission conducted a review and consideration of a request filed by the Planning & Environmental Resources Department for text amendments to § 118-9 of the Monroe County Code (MCC) and recommended approval to the Board of County Commissioners; and WHEREAS, this text amendment revised the existing open space requirements by adopting clearing limits for upland native vegetation to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development; and WHEREAS, at their February 13, 2012 meeting, the Board of County Commissioners passed Resolution #020-2012 to transmit a Comprehensive Plan text amendment to the State of State Land Planning Agency revise the clearing limits for high quality and moderate quality tropical hammocks and to strengthen the protection of hardwood hammocks; and WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County on the proposed Comprehensive Plan amendment which did not identify any objections, or comments related to important state resources and facilities that will be adversely impacted by the amendment, if they are adopted. NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 118-9 shall be amended as follows (deletions are striel-en difeugh and additions are underlined): Sec. 118-9. . Clearing Allowances. (a) Purpose. It is the purpose of this section to provide for open space as a part of a development plan in order to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development. Native plant communities within required open space areas shall not be cleared or otherwise disturbed, including ground cover, understory, midstory, and canopy vegetation. All such areas shall be maintained in their natural condition. (b) Percentage of clearing. Clearing of upland native vegetation communities in tiers I, II, III, and III -A shall be limited to the following percentages: Tier Permitted Clearing* I 20 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearingfor a driveway shall be recommended by a County biologist and approved by the planning director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing including the driveway, exceed 20 percent of the entire site. II 40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation (Big Pine Key and No Name Key only)_ III 40 percent of upland native vegetation or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet, r-egardless of the am of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per arcel For parcels greater than 30,000 square feet with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet Clearing for a driveway shall be recommended by a County biologist and approved by the planning director. The proposed driveway design shall minimize fragmentation,• avoid specimen trees,• and take the shortest reasonable route. In no case shall clearing including the driveway, exceed 20 percent of the entire site. III -A 40% or 3,000 square feet whichever is greater,• however, clearing shall Special not exceed 7,500 square feet of upland native vegetation. Protection Area The clearing of parcels in Tier III -A shall be limited to 7,500 square feet per parcel For parcels greater than 30,000 square feet with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet t Clearing for a driveway shall be recommended by a County bioloizist and approved by the planning director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing including the driveway, exceed 20 percent of the entire site. Palm or cactus hammock is limited to only ten percent. (c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depicted on the December 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases in the amount of upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time of permit application shall be considered to still include upland native vegetation for purposes of determining the amount of open space and clearing permitted. (d) Ocean Reef Club clearing. For the purpose of this section, upland native vegetated areas in Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetated areas. (e) Lot aggregation and clearing. For ROGO applications that receive points for lot aggregation under section 138-28(3), permitted clearing of vegetation shall be limited to the percentage of the property indicated in subsection (b) of this section or 7,500 5;009 square feet, whichever is less_, :.xccY+ that all --'�ea*iens a 1' , Y bb b via if aveascawraunccii RMY . . �. (f) Vesting provisions. Applications for building_ permits received prior to January 13 2013, and any buildinapermits issued or to be issued pursuant to an active conditional use permit development order approved prior to January 13, 2013, shall be permitted to use the clearing allowances in effect at the time of building_ permit application or approved in the conditional use permit. Any revisions to the extent of clearing approved by the building permits or conditional use permits referenced above shall be required to comply with the clearing limits currently in effect. the f lle..ing vesting previsions shell apply upen the e ff etiye date of the efdinafiee from whieh this seefien is derived.! with extef—ems erized in the appr-eved builde apt exeept theA A appheatiens Feeeived after -September- 27, 280T iAithin fie" et-elear- fnery than 5,000 squar f e+ a...,l el, 11 + points ivi let ugsaysuAavia ifwMin an area l le id Administrative Geffffnissien by Rule Nos. 28 20.110 a 2$Z0.120, ef€eefive-September-27,2005. ME - Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Florida State Land Planning Agency or Administration Commission approving the ordinance. Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. This ordinance applies to any permit, and or other development approval application submitted after the effective date. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MR Mayor David Rice (SEAL) MCN� n RNEY ATTEST: DANNY L. KOLHAGE, CLERK AM 1. a DEPUTY CLERK m MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Monroe County Board of County Commissioners Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources Reynaldo Ortiz, Assoc. AIA, AICP, Planning & Biological Plans Examiner Supervisor Date: August 24, 2012 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 118-9, OPEN SPACE REQUIREMENTS; TO ADDRESS THE CLEARING OF UPLAND NATIVE VEGETATION TO BE CONSISTENT WITH THE MONROE COUNTY COMPREHENSIVE PLAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Meeting: September 21, 2012 1 2 I REQUEST 3 4 The Planning & Environmental Resources Department is proposing amendments to the text 5 of § 118-9 of the Monroe County Code (MCC) in order to revise the regulations pertaining to 6 the clearing of upland native vegetation and implement the recommendations of the 7 Administration Commission and the State Land Planning Agency (Department of Economic 8 Opportunity) pursuant to Policies of the Monroe County Comprehensive Plan. 9 10 II RELEVANT PRIOR COUNTY ACTIONS: 11 12 At their February 13, 2012 meeting, the BOCC passed Resolution #020-2012 to transmit 13 Comprehensive Plan text amendment to the State of Florida Department of Economic 14 Opportunity (DEO) to adopt clearing limits for high quality and moderate quality tropical 15 hammocks and to strengthen the protection of hardwood hammocks. 16 17 During a regularly scheduled meeting held on June 26, 2012, the Development Review 18 Committee reviewed the subject request and recommended approval to the BOCC. 19 Page 1 of 5 (File #2012-032) 1 During a regularly scheduled public hearing held on June 27, 2012, the Planning 2 Commission reviewed the ordinance and recommended approval to the BOCC. 3 4 III REVIEW 6 If the text amendments provided in Resolution #020-2012 is ultimately approved, the Land 7 development Code must be updated to be consistent with the superseding Comprehensive 8 Plan. 9 10 The regulations within MCC § 118-9 would become obsolete upon approval of the 11 aforementioned Comprehensive Plan amendments. Although the amendments set forth in 12 Resolution #020-2012 has only been transmitted to DEO and are yet to be adopted, staff has 13 opted to begin the process of amend the Land Development code so that the Land 14 Development Code amendments may be adopted at the same BOCC meeting as the 15 Comprehensive Plan amendments. 16 17 Therefore, staff recommends the following changes (deletions are and 18 additions are underlined): 19 20 Sec.118-9. Clearing l aces. 21 - - 22 (a) Purpose. It is the purpose of this section to provide for open space as a part of a 23 development plan in order to ensure the continued existence of natural wildlife habitat 24 and to provide open green areas for the movement, aesthetics, and safety of the 25 human population utilizing the development. Native plant communities within 26 required open space areas shall not be cleared or otherwise disturbed, including 27 ground cover, understory, midstory, and canopy vegetation. All such areas shall be 28 maintained in their natural condition. 29 30 (b)Percentage of clearing. Clearing of upland native vegetation communities in tiers I, 31 II, III„ and III -A shall be limited to the following percentages: 32 Page 2 of 5 (File #2012-032) 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 route. In no case shall clearin includin the drive a exceed 0 percent of the entire site, II 40 percent or 3W000 square feetg whichever is greater° but no greater than 7a500 square feet of upland native vegetation (Big Pine Key and No Name Key only), III 40 percent of upland native vegetation or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square of upland native vegetative area. The clearing_ofarcels in Tier III shall be limited to 7,500 square feet r eel for n cell greater th 30 000 square feet with the exce tion of parcelson Pine Ie d No Na e L. clearing for one driveway f reasonable configuration up to 18 feet in width is permitted to rovide ' i 1 fragmentation- avoid s eci en trees° anal take the shortest reasonable route. In no case shall clppjjng,_ i cludin-,the driveway exceed 0 vercent of the entire site, *Palm or cactus hammock is limited to only ten percent. 39 (c) Site baseline conditions. The legal conditions of land existing as of February 28, 40 1986, and as depicted on the December 1985 Habitat Classification Aerial 41 Photographs, shall be used as a baseline to determine the clearing that may be 42 permitted on a site. The 1985 maps shall be supplemented by recent aerial 43 photography and existing site analysis to determine any increases in the amount of 44 upland native vegetated areas. Upland native vegetated areas cleared between 1986 45 and the time of permit application shall be considered to still include upland native Page 3 of 5 (File #2012-032) Page 4 of 5 (File #2012-032) 3 4 5 IV RECOMMENDATION 6 7 Staff has found that the proposed text amendment would be consistent with the provisions of 8 MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from 9 those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding 10 demographic trends); 3. Data errors, including errors in mapping, vegetative types and 11 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for 12 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that 13 the proposed text amendments are necessary due to recognition of a need for additional detail 14 or comprehensiveness. 15 16 Staff recommends that the Board of County Commissioners amend the Monroe County Code 17 as stated in the text of this staff report. 18 19 20 V. EXHIBITS 21 22 1. Department of Community Affairs' Florida Keys Area of Critical State Concern 2010 23 Removal of Designation Report (pgs. 11-16) 24 2. Table 1: Evaluation of Proposed Clearing Limits 25 Page 5 of 5 (File #2012-032) Exhibit 1 ©Jeff RWe 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 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 describing the progress of the Florida Keys Area toward completing the work program tasks specified in commission rules. The land planning agency shall recommend removing the Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that: 1. All of the work program tasks have been completed, including construction of, operation of, and connection to central wastewater management facilities pursuant to 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. FINDINGS The Work Program referenced above is based in Rule 28-20.110, Florida Administrative Code (F.A.C.). The Administration Commission issued Monroe County, the City of Marathon and the Village of Islamorada a 30-Day Report on November 17, 2009, outlining the strategies necessary for completion of work program tasks and potential removal of the designation as an Area of Critical State Concern. The 30-Day Report is in the form of a table, organized by major themes, 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 Department utilized the 30- Day Report as a template for its 2010 Removal of Designation Report. The Department's 30-Day Report contains the status of Rule 28-20.110, F.A.C., work program tasks in the third column (column C) as either "substantial progress achieved" or "substantial progress not achieved." Additionally, the Department provides Page 2 the status of the proposed work program strategies in the third column (column C) as either "complete" or "incomplete." The strategies in the 30-Day Report originate from the original tasks of the work program, found in rule 28-20.110, Florida Administrative Code (FAC) and located on the following page. The strategies in the 30-Day Report provide specificity that, if completed, will lead to the achievement of the original work Program Tasks. The 30-Day Report includes comments and information submitted by Monroe County, the City of Marathon, the Village of Islamorada, Key Largo Wastewater Treatment District, Florida Department of Health, and the Florida Department of Environmental Protection. The Executive Summary should be used in combination with the 30-Day Report to expedite review. In the Department's 2009 report to the Administration Commission, the Department recommended that the Administration Commission make a determination that substantial progress had not been made on the following table of work program tasks found in Rule 28-20.110, Florida Administrative Code (FAQ: am MONROE COUNTY 10-YEAR WORK PROGRAM WORK PROGRAM TASKS REMAINING INCOMPLETE OR IN PROGRESS YEAR FOUR (July 13, 2000 through July 12, 2001). A. Continue implementation of Wastewater Master Plan, execute interagency agreements to define construction schedule by phases, and continue developing facility plans for selected Hot Spots in each ROGO area. Secure funding to implement the Wastewater Master Plan. Document that reduction in nutrients has been achieved within each of the sub -areas. YEAR SIX (July 13,2002 through July 12,2003). A. Continue construction of wastewater facilities in Hot Spots begun in previous year. Contract to design and construct additional wastewater treatment facilities in Hot Spots in accordance with the schedule of the Wastewater Master Plan. Continue implementation of Wastewater Master Plan with emphasis on Hot Spots. C. Implement the carrying capacity study by, among other things, the adoption of all necessary plan amendments to establish a rate of growth and a set of development standards that ensure that any and all new development does not exceed the capacity of the county's environment and marine system to accommodate additional impacts. Plan amendments will include a review of the County's Future Land Use Map series and changes to the map series and the "as of right" and "maximum" densities authorized for the plan's future land use categories based upon the natural character of the land and natural resources that would be impacted by the currently authorized land uses, densities and intensities. YEAR SEVEN (July 13, 2003 through July 12, 2004). A. Finalize construction and begin operating wastewater facilities in Hot Spots. Continue implementation of Wastewater Master Plan with continued emphasis on Hot Spots. YEAR EIGHT (July 13, 2004 through July 12, 2005). F. Adopt amendments to the comprehensive plan and land development regulations to enact overlay designations, and eliminate or revise the Habitat Evaluation Index, and modify the ROGO/NROGO system to guide development away from environmentally sensitive lands. M. Complete projects identified in the Stormwater Management Master Plan. Q. Complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes. YEAR NINE (July 13, 2005 through July 12, 2006). A. In coordination with the Florida Keys Aqueduct Authority and the Key Largo Sewer District, initiate the process to obtain $80 million in bond financing secured by connection fees. B. Secure site for lower Keys and Key Largo wastewater facilities YEAR TEN (July 13, 2006 through July 12, 2007). A. Award contract for design, construction and operation for the lower Keys and Key Largo wastewater facilities. B. Begin construction of the lower Keys and Key Largo wastewater plants. C. Initiate connections to lower Keys and Key Largo wastewater systems. D. Complete construction and hookups for Baypoint, Conch Key and Key Largo Trailer Islamorada/Key Largo Park. E. Obtain $80 million in bond financing secured by connection fees. Page 4 In November 2009, the Administration Commission directed the Department of Community Affairs to place draft Administration Commission rules in abeyance while the Florida Keys communities proposed legislation to amend Chapter 99-395, Laws of Florida. The legislation was needed to extend the deadline from 2010 to 2015 for the upgrade of wastewater treatment facilities to advanced treatment standards in the Florida Keys. Senate Bill 550 was enacted and provided an additional 5 years for the local governments to seek financing and construct wastewater treatment facilities. The schedule for construction of the wastewater facilities is found within the draft Administration Commission rules for Marathon, Islamorada, and Monroe County. The schedule for completion of wastewater treatment facilities has been moved forward one year to accommodate the time taken to have the legislation enacted. This narrative summarizes the attached 2010 30-Day Report tables for Monroe County, Islamorada and Marathon and is organized by the major themes (i.e., Carrying Capacity & Habitat Protection, Hurricane Evacuation and Water Quality) that are the basis for the region's designation as an Area of Critical State Concern. The narrative additionally contains recommendations regarding hurricane evacuation modeling and clearing of tropical hardwood hammock. Completion of the remaining strategies in the 30-Day Report is critical to the completion of the years 4-10 Work Program Tasks. Many of the incomplete strategies may be considered to be in progress; however, the construction of wastewater facilities will require several years to complete. Of the strategies assigned, Marathon and Monroe County completed approximately 50 percent. The strategies completed by Marathon focused on constructing wastewater and stormwater facilities that will result in improvements in near shore water quality. The strategies not completed were administrative in nature and are going through public hearings at the time of this report's preparation. Monroe County made substantial progress addressing habitat protection with the implementation of the Tier Review Committee and subsequent recommendations for parcels previously challenged in an administrative proceeding. The strategies not completed for Monroe County primarily relate to wastewater facilities in the Lower Keys. While Monroe County did not meet some of the scheduled wastewater strategies for the Cudjoe Facility, they contributed funding to the Key Largo Wastewater District, completed the Big Coppitt wastewater facility, and contributed funding for the Duck Key wastewater facility. Out of the strategies assigned, Islamorada completed 20 percent. The strategies completed by Islamorada are related to growth management issues. Islamorada made no advances in wastewater, abandoned any progress made to date in wastewater and has no definite plan for the future as to how it will address wastewater upgrades that must be met by 2015. On October 25, 2010, the Department provided a letter to the Village of Islamorada indicating the Department is considering a recommendation to the Administration Commission to reduce the building permit allocation by 20 percent due to lack of substantial progress and the forfeiture of $22 million of federal, state and local funding. Page 5 When Islamorada incorporated and adopted a comprehensive plan in 2001, the Village requested that the Department allow the Village to move forward without an adopted rule with a stipulation that if substantial progress was not achieved on schedule, a rule could be adopted. Existing Rules 28-19.100 and 28-19.200, F.A.C., relate to the purpose of the Islamorada transitional comprehensive plan and do not address permit reductions or contain a wastewater construction schedule. Rule adoption is needed for the Village to establish a wastewater treatment construction schedule and funding program that is consistent with the intent of the Administration Commission's 2009 30- Day Report. The Monroe County Rule 28-20.110, F.A.C., provides that the Department of Community Affairs shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether substantial progress has been achieved. If the Commission determines that substantial progress has not been made, the unit cap for residential development shall be reduced by at least 20 percent for the following ROGO year. Rulemaking for the Village of Islamorada is necessary because major wastewater projects identified in the 2009 30-Day Report have not been completed. The Village does not have committed funding sources to construct identified wastewater treatment facilities. If the Village of Islamorada makes progress during the 2011 annual report, the building permit allocation may be restored through a comprehensive plan amendment. 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 2010 Annual Report for Monroe County, City of Marathon and Islamorada; (2) Accept the Department's recommendation that substantial progress toward accomplishing the strategies of the work program have been achieved for Marathon and Monroe County; (3) Accept the Department's recommended completion dates for strategies in the 2010 30-Day Report; (4) Determine that the Village of Islamorada has made substantial progress in addressing habitat protection through revisions to the comprehensive plan and land development regulations, but has not made substantial progress toward accomplishing the tasks of the work program with respect to wastewater planning, financing and construction. As a result the Department recommends the Administration Commission accept the Page 6 Department's recommendation that substantial progress toward accomplishing the strategies of the work program has not been achieved for the Village of Islamorada and consider the following: (5) Determine that the Village of Islamorada has made substantial progress in addressing habitat protection through revisions to the comprehensive plan and land development regulations, but has not made substantial progress toward accomplishing the tasks of the work program with respect to wastewater planning, financing and construction. As a result the Department recommends the Administration Commission accept the Department's recommendation that substantial progress toward accomplishing the strategies of the work program has not been achieved for the Village of Islamorada and consider the following two options: (a) Resume rulemaking and reduce the Village of Islamorada building permit allocations by twenty percent; or (b) Direct the Village of Islamorada to provide a report by June 1, 2011, that includes a wastewater financing plan. The requirement to adopt a wastewater facility treatment construction schedule is found in the legislation recently enacted in Section 403.086(10)(b), F.S. In the event the Village does not satisfy the June 1, 2011, reporting requirement, the Department recommends the Administration Commission promulgate rulemaking that would result in an amendment to the comprehensive plan reducing building permit allocation by twenty percent as provided in Section 380.0552(9)(b), F.S. (6) Authorize staff of the commission working with the Department to resume rulemaking to adopt the schedule for wastewater, stormwater and carrying capacity tasks for Monroe, Marathon, and Islamorada. Page 7 • Page 8 30-Day Report Strategy: The Administration Commission directed Monroe County and the Department of Community Affairs to establish a Tier Designation Review Committee with representatives from the Department of Environmental Protection, US Fish and Wildlife, Florida Fish and Wildlife Conservation Council, Monroe County, the Department of Community Affairs and other relevant interests. Using best available data, the committee was directed to adjust the Tier I and Tier IIIA boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM-166A and implement the Florida Keys Carrying Capacity Study. Status: This strategy is partially complete. Monroe County's permit allocation and Tier System were developed to direct growth to areas served by paved roads, electricity, potable water and sewer and to guide development away from sensitive environmental areas. Monroe County adopted the Tier System criteria and Tier Overlay District Maps into the Land Development Regulations in March 2006. The Department's final orders approving these amendments were challenged in July 2006.' The Final Order issued for the challenged Tier Overlay District Maps requires Monroe County to complete additional refinements to address map inaccuracies and revise certain challenged Tier System criteria. The Department has established a Tier Designation Review Committee with representation from the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the United States Fish and Wildlife Services, Monroe County, the environmental community and other relevant interests. While this strategy is partially complete, significant funding, time, and effort have been expended in creating maps and conducting approximately 80 hours of committee meetings to evaluate the tier designations. The recommendations are currently being considered by the Monroe County Planning Commission. During the past year, the Tier Designation Review Committee has reviewed 3,200 parcels to consider the appropriateness of the tier designation. The County hired a consultant who assisted the County biologists and committee members in conducting site visits. The committee conducted public hearings and heard testimony from the property owners prior to making a final recommendation regarding the parcel's designation. A court reporter was employed to ensure proper record keeping. Aerial photography notebooks were mailed to each committee member prior to the 5 committee meetings. Two of the committee members and DCA staff traveled to the Keys to participate in the meetings. The Monroe County Board of County Commissioners will take action on the proposed adjustments to the Tier I and Tier IIIA boundaries during the first quarter of 2011. 1 State of Florida, Department of Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06- 2449GM) 30-Day Report Strategy: The Administration Commission directed the local governments to develop a process to coordinate the acquisition of land for which building permits have been denied for four years for property located within an area targeted for land acquisition. Depending upon the natural resources of the parcel and available funds, the Division of State Lands will consider the parcel for purchase. The County Land Authority shall submit a report annually on the land acquisition funding and efforts in the Florida Keys. Status: The coordination process has been adopted into the comprehensive plans by Monroe County and the Village of Islamorada. Marathon anticipates transmitting a plan amendment adopting the procedure within the next 30 days. The coordination procedure was developed to ensure that the Division of State Land or the local government has an opportunity to offer to purchase environmentally sensitive land that has been targeted for acquisition prior to the local government offering a building permit through the administrative relief procedure. During this period, Monroe County purchased two parcels scheduled for administrative relief. The Village of Islamorada and the City of Marathon had no applications for Administrative Relief. Land acquisition and management is also a critical component to the protection of the natural resources and quality of life in the Florida Keys. The Monroe County Land Authority is empowered to acquire and dispose of property for a range of public purposes, including recreation, affordable housing, environmental protection, and the protection of private property rights. The Land Authority serves all the Keys, not just unincorporated Monroe County. Monroe County adopted a Land Acquisition and Management Master Plan in August 2006 to address strategies, funding, and non -funding sources for acquisition and management of conservation lands, retirement of development rights, and acquisition of affordable housing sites. This report projected a need for approximately $443 million to purchase lands targeted for acquisition. The Land Authority receives funding from two sources of recurring revenue. One source contributes approximately $400,000 per year from a surcharge on admissions and overnight occupancy at state parks within the Florida Keys Area of Critical State Concern. Additionally, the Land Authority receives a half -cent of tourist impact tax revenue charged on lodging in the Keys, which generates approximately $1 million per year within both the Florida Keys Area of Critical Concern and the Key West Area of Critical Concern. However, revenue generated within the City of Key West and provided to the Land Authority must be spent within the area where the funding was collected. During the 2009-2010 work program reporting year, the Land Authority acquired 19.9 acres (35 parcels) for $674,423. The Department of Environmental Protection has also acquired an additional 5 parcels, totaling 33.84 acres, for $7,605,013.94. No land was purchased by Islamorada or Marathon during this year. Marathon and the County submitted applications for land acquisition financing this year, however neither application has been funded to date. Marathon submitted an application to the Coastal Page 10 Zone Management Program and may receive funding from Department of Environmental Protection toward the acquisition of Boot Key Island. Islamorada did not apply for funding. Clearing Tropical Hardwood Hammock 30-Day Report Strategy: The Department and the Florida Keys communities were directed by the Administration Commission to collaboratively evaluate the adopted clearing limits for high and moderate quality hammocks and to make recommendations to bring parity between the local governments and to strengthen the protection of hardwood hammocks. If necessary, amend the comprehensive plan to implement the recommendations. Status: This strategy is partially complete. The recommendations need to be amended into the comprehensive plan and land development regulations. This strategy requires the collaboration between Monroe County, Marathon, and Islamorada, to evaluate the adopted clearing limits for high and moderate quality tropical hardwood hammocks. The allowable amount of clearing of hardwood hammock is determined by the quality of the hammock. Both Marathon and Islamorada classify hammock as low, moderate, or high quality. Monroe County classifies Tier I as high quality; Tier 11 as moderate quality and Tier III and Tier IIIa (Special Protection Area) as low quality. Monroe County implements its clearing limits through the Tier System. The Tier system assigns the Tier designation for parcels based on the extent of hammock. Parcels designated Tier I contain large intact hammocks and allow clearing of 20 percent of the native vegetation on the site. Islamorada and Marathon allow parcels that are vegetated with high quality hammock to clear 10 percent. Islamorada considers any parcel consisting of 5 acres of hammock to be high quality, whereas Marathon requires 12.5 acres to be considered high quality. The County originally mapped any 4 acre contiguous hammock or land targeted for acquisition by the state as Tier I — high quality hammock. In Monroe County, parcels designated Tier IIIa Special Protection Area that contain significant hammock fragments may clear 40 percent of the native vegetation on the site or 3,000 square feet, whichever is greater; however, the total clearing of native vegetation cannot exceed 7,500 square feet. Parcels that are 18,075 square feet are at the breakeven point, where 40 percent clearing equals the 7,500 square foot clearing maximum. All parcels greater than 18,075 square feet are limited to 7,500 square feet of clearing. Islamorada and Marathon allow 30 percent clearing in moderate quality hardwood hammock with no cap on clearing. The local governments also have additional land development regulations that address clearing where lots have been united in order to gain points in the competitive building permit allocation system. Page 11 Islamorada and Marathon use site evaluation processes to determine the quality of the hammock and the clearing allowed on a parcel. The following chart compares the clearing limits for the three local governments based on lot size and quality of hammock. Page 12 Existing Scenarios: Permitted Clearing by Lot Size in Square Feet Lot Size Monroe Tier I 20% Clearing 108,900 21,780 87,120 17,424 65,340 13,068 43,560 8,712' 25,000 5,000 20,000 4,000'I 15,000 10,000 3,000 2,000 5,000 1,000 3,000 600''' Lot Size Monroe Monroe (Tier II) 40% Clearing (Big Pine & No Name) (Tier III -A)`; 3,000 or 40% but no more than 7,500' 108,900 87,120 43,560 34,848 7,500 7,500 65,340 26,136 7,500' 43,560 17,424 7,500' 25,000 10,000 7,500 20,000 8,000 7,500 15,000 10,000 6,000 4,000 6,000 4,000 5,000 2,400 3,000 3,000 1,200 3,000 Lot Size Monroe Tier III Marathon Is 108,900 3,000or 40% but no greater than 7,500 7,500 50% Clearing 54,450, ; 50° ` 87,120 7,500 43,560 65,340 7,500 32,670 43,560 7,500 21,780 25,000 20,000 7,500 7,500 12,500 +. 10,000" . . 15,000 6,000 7,500 10,000 4,000 5,000 5,000 3,000 3,000 3,000 3,000 1,500 *Residential Medium (RM) future land use categories that score as High or Moderate quality and are one-half acre or less in size may allow 50 percent Page 13 Scenarios Resulting from Recommendations by Lot Size in Square Feet High Quality Hammock Cle iniz Allowed Lot Size Monroe Tier I Marathon Islamorada 3,000 or 20% but no greater than 7,500 3,000 or 10% but no greater than 7,500 3000 or 10 o bufno greater' than 7,`500 108,900 7,500^ 7,500^500^' 87,120 7,500^ 7,500^J65,340 7,500^'I 6,534^ 6343,560 T,500^' 4,356^ `3525,000 5,000^' 3,000^30020,000 4,000^` 3,000^ 300 15,000 3,000^ 3,000^ 3;00^*,; 10,000 3,000 3,000: 5,000 3,000 3,000 '300Q* 3,000 3,000 3,000 ,r 3;040*' Monroe Monroe ` Marathon Islamor"ada (Tier H) (Tier III -A) 3,000 or 30% 3,U0Q cir30%; 3,000 or 40% but 3,000 or 40% but but no greater but'tio greater Lot Size no greater than no greater than than 7,500 than 7,500 7,500 7,500' (Big Pine and No Name 108,900 7,500 7,500 7,500 87,120 7,500 7,500 7,500� ,:7500! 65,340 7,500 7,500 7,500 43,560 7,500 7,500 7,500 7,500 25,000 7,500 7,500 7,500 7,500 20,000 7,500 7,500 ' 6,000 6,000 15,000 6,000 6,000 4,500 10,000 4,000 4,000 3,000 39000* 5,000 3,000 3,000 3,000 3,000* 3,000 3,000 3,000 3,000 . 3;000* ^ In High Quality Hammock, one driveway of reasonable configuration shall not count toward the clearing area in order to provide reasonable access to the property. *Residential Medium (RM) future land use categories that score as High or Moderate quality and are one-half acre or less in size may allow 50 percent clearing. Low Quality Hammock distinction removed. Page 14 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 structures 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 structure. 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. 5. 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. 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 Page 15 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. 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