Item S12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Management
Bulk Item: Yes _ No X Staff Contact Person/Phone #: Christine Hurley x2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County
Commissioners amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of
upland native vegetation, as required to address the tasks identified in the 30-day Reports from the Administration
Commission.
ITEM BACKGROUND: The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe
County included a task to implement Rule 28-20.110, F.A.C., Work Program Tasks Year Six, Task C and Year
Eight, Task F. The Work Program tasks listed above, implement the carrying capacity study by requiring the
adoption of all necessary plan amendments to guide development away from environmentally sensitive lands and to
ensure that any and all new development does not exceed the capacity of the county's environment and marine
system to accommodate additional impacts.
The tasks from the 30-Day Report required Monroe County, in conjunction with the Department of Economic
Opportunity (DEO, formerly DCA), Islamorada and Marathon, to collaboratively evaluate the adopted clearing
limits for high quality and moderate quality tropical hammocks and to make recommendations to bring parity
between the local governments and to strengthen the protection of hardwood hammocks. In 2010, the County, in
conjunction with DEO, Islamorada and Marathon evaluated the vArious policies and standards used by the three
local governments for the clearing of tropical hardwood hammock. This evaluation was included in the DEO's
Florida Keys Area of Critical State Concern 2010 Removal of Designation Report. This amendment implements
the recommendations, provided by DEO, regarding the clearing of tropical hardwood hammock in the 2010
Removal of Designation Report.
Existing Policy 101.4.22
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 s
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;
40% or 3,000 s.f., whichever is greater, however, the maximum amount of
however, the maximum amount of clearing
clearing shall be no more than 7,500 square feet, regardless of the amount of
Tier III
shall be no more than 7,500 square feet,
land native : vegetative area(includes a driveway
upland g ( ay allowance for parcels
regardless of the amount of upland native
greater than 30, 000 sJ)
vegetative area
40% 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 sJ)
On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC)
Report to Monroe County which identified no objections to the proposed amendment.
PREVIOUS RELEVANT BOCC ACTION: On February 13, 2012, the Monroe County BOCC approved
Resolution 020-2012 to transmit this proposed amendment to the State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: —BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
From: Mayte Santamaria, Assistant Director of Planning
Date: August 20, 2012
Subject: Request for an Amendment to the Monroe County 2010 Comprehensive Plan to address
the clearing of upland habitat.
Meeting: September 21, 2012
I. REQUEST
This is a request by Monroe County to amend Policies 101.4.22 and 205.2.7 of the Monroe County 2010
Comprehensive Plan and to create Policy 101.4.23. The County is renumbering existing Policy 101.4.23 to
101.4.24 and renumbering existing Policy 101.4.24 to 101.4.25. These amendments are proposed to address
the clearing of upland native vegetation and implement the recommendations of the Administration
Commission and the state land planning agency (Department of Economic Opportunity, formerly the
Department of Community Affairs).
II. BACKGROUND INFORMATION
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. Pursuant to Section
380.0552(4)(c), F.S., if the Administration Commission finds that the requirements for recommending
removal of designation have not been met, the Administration 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.
The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe County included a task to
implement Rule 28-20.110, F.A.C., Work Program Tasks Year Six, Task C and Year Eight, Task F. These
Work Program tasks implement the carrying capacity study by requiring the adoption of all necessary plan
amendments to guide development away from environmentally sensitive lands and to ensure that any and all
new development does not exceed the capacity of the county's environment and marine system to
accommodate additional impacts.
The task from the 30-Day Report required Monroe County, in conjunction with the Department of
Economic Opportunity (formerly the Department of Community Affairs), Islamorada and Marathon, to
collaboratively evaluate the adopted clearing limits for high quality and moderate quality tropical
hammocks and to make recommendations to bring parity between the local governments and to strengthen
the protection of hardwood hammocks.
In 2010, the County, in conjunction with DEO, Islamorada and Marathon evaluated the various policies and
standards used by the three local governments for the clearing of high and moderate quality tropical
hardwood hammock. The evaluation is provided in Exhibit 1 (Page 11 of the Department of Community
Affairs' Florida Keys Area of Critical State Concern 2010 Removal of Designation Report).
This evaluation noted that in high quality hammock areas, Monroe County allows twice as much clearing as
Islamorada and Marathon. 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.
The following recommendations were developed to bring parity between the local governments and
strengthen the protection of tropical hardwood hammocks.
• 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.
• 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.
• 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.
• For Marathon, Islamorada, and Monroe County, a minimum clearing area of 3,000 square feet shall
be allowed to provide reasonable use of property.
• 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.
• 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.
The proposed amendments are to implement the recommendations from the Department of Economic
Opportunity and the direction from the Administration Commission.
For additional participation and feedback, the proposed amendment was also discussed and reviewed by the
Tier Designation Review Committee (TDRC) on August 25, 2011. TDRC members provided comments, which
have been incorporated into the proposed amendment.
The —Monroe County Planning Commission held a public" hearing on October 18, "2011, to consider the
transmittal of this proposed amendment to the Monroe County Year 2010 Comprehensive Plan to the State
Land Planning Agency and recommended approval of the amendment.
2
The Monroe County Board of County Commissioners (BOCC) held a public hearing, at a special meeting held
on February 13, 2012, to consider the transmittal of the proposed amendment to the State Land Planning
Agency and recommended approval of the amendment. The Monroe County BOCC approved Resolution 020-
2012 to transmit this proposed amendment to the State Land Planning Agency.
On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment
(ORC) Report to Monroe County which did not identify any objections, or comments related to important state
resources and facilities that will be adversely impacted by the amendment, if it is adopted.
As such, no changes have been made to the proposed amendment.
III. PROPOSED AMENDMENTS
Policy 101.4.22
All development shall be subject to clearing limits defined by habitat and the location of the property in the
Land Use Tier Overlay District (zoning) Maps and the wetland requirements in
Policy 102.1.1. The clearing limits of upland native vegetation areas (hardwood hammock, pinelands, and
beach berm) for properties in the Ocean Reef planned development shall be limited to 40 percent of the
existing upland native vegetation.
Except as defined in Policy 101.12.4, clearing of upland native vegetative areas (hardwood hammock,
pinelands, beach berm, cactus hammock and palm hammock) in the Tiers I, II, and IIIA shall be limited fef
to the portion of the property containing upland native vegetation in the following percentages or maximum
square footage:
Tier
Permitted Clearing *
I
20% or 3,000 square feet, whichever is greater; but no greater than
7,500 square feet of upland native vegetative area.
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. 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.
II
40% or 3,000 square feet, whichever is greater; but no greater than
7,500 square feet of upland native vegetative area (Big Pine Key and
No Name Key).
III
40% or 3,000 square feet sue, whichever is greater; however, the
maximum amount of clearing shall be no more than 7,500 square
feet, r-ege&dless e f the .,,..,,.,,..* of upland native vegetative area.
The clearing of parcels in Tier III 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. 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
Special Protection Area
40% or 3,000 square feet, whichever is greater, however, clearing
shall not exceed 7,500 square feet of upland native vegetation.
The clearing of parcels in Tier IIIA 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. Clearing for a driveway shall be recommended by
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.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.23
Notwithstanding the clearing limits established in the Community Master Plans adopted by reference into
the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101 4 22
shall control.
Policy 101.4.23 24
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established
residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such
egally-established dwelling -unit shall not be considered as non -conforming as -to the density provisions of
policy 101.4.21 and the Monroe County Code.
Policy 101.4.24 25
In order to preserve the existing community character and natural environment, Monroe County shall limit
the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to
buildings, transmission towers and other similar structures.
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.4.22.
For applications that receive points for lot aggregation under the Permit Allocation System for residential
development, clearing of upland native vegetation shall be limited to a maximum of 7,500 5-,9A9 square feet.
The immediate development area shall include the area of approved clearing shown on the approved site
plan. The immediate development area shall be fenced throughout the duration of construction. During
construction, there shall be no disturbances of the ground surface and vegetation within areas of native
upland vegetation not approved for clearing.
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of the
Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety
of County residents and visitors, and protect valuable natural resources.
Policy 102.2.2: Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective
205.2. These revised standards and criteria will protect native upland vegetation and promote
restoration of habitat values of native upland communities, including hardwood hammocks and
pinelands.
Goal 205: The health and integrity of Monroe County's native upland vegetation shall be protected
and, where possible, enhanced.
Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land Development
Regulations which further protect and provide for restoration of the habitat values of upland native
vegetated communities, including hardwood hammocks and pinelands.
Policy 205.2.2: Monroe County shall discourage developments in Tier I and within tropical hardwood
hammock or pinelands of one acre or more in area to protect areas of native upland vegetation.
Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to .that plan with the
principles for guiding development and any amendments to the principles, the principles shall be
construed as a whole and no specific provision shall be construed or applied in isolation from the other
provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
R,
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
Specifically, the amendment furthers:
163.3161(5), F.S. - It is the intent of this act to encourage and ensure cooperation between and among
municipalities and counties and to encourage and ensure coordination of planning and development
activities of units of local government with the planning activities of regional agencies and state
government in accord with applicable provisions of law.
163.3177(4)(a), F.S. - Coordination of the local comprehensive plan with the comprehensive plans of
adjacent municipalities, the county, adjacent counties, or the region; with the appropriate water
management district's regional water supply plans approved pursuant to s. 373.709; and with adopted
rules pertaining to designated areas of critical state concern shall be a major objective of the local
comprehensive planning process.
163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources.
163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of natural
resources in the area, including air, water, water recharge areas, wetlands, waterwells, estuarine
marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and
wildlife, marine habitat, minerals, and other natural and environmental resources, including factors
that affect energy conservation.
163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and standards for
conservation that provide long-term goals and which:
d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative communities,
including forests, from destruction by development activities.
e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and marine habitat
and restricts activities known to adversely affect the survival of endangered and threatened
wildlife.
f. Protects existing natural reservations identified in the recreation and open space element.
g. Maintains cooperation with adjacent local governments to conserve, appropriately use, or protect
unique vegetative communities located within more than one local jurisdiction.
163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal
management element, appropriately related to the particular requirements of paragraphs (d) and (e)
and meeting the requirements of s. 163.3178(2) and (3). The coastal management element shall set
forth the principles, guidelines, standards, and strategies policies that shall guide the local
government's decisions and program implementation with respect to the following objectives:
2. Preserve the continued existence of viable populations of all species of wildlife and marine life.
3. Protect the orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
4. Avoid irreversible and irretrievable loss of coastal zone resources.
V. STAFF RECOMMENDATION
Staff recommends APPROVAL of the proposed amendments to Policies 101.4.22, 101.4.24, 101.4.25,
205.2.7 and the creation of Policy 101.4.23.
The proposed amendment to the Comprehensive Plan will further protect upland habitat, provide
consistency between jurisdictions and implement the direction and recommendations of the Administration
Commission.
VI. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the Planning
Commission, the Director of Planning, or the owner or other person having a contractual interest in property
to be affected by a proposed amendment. The Director of Planning shall review and process applications as
they are received and pass them onto the Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
the application, the reports and recommendations of the Department of Planning & Environmental
Resources and the Development Review Committee and the testimony given at the public hearing. The
Planning Commission shall submit its recommendations and findings to the Board of County
Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
Agency. The amendment is transmitted to the State Land Planning Agency, which then reviews the
proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the
ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not
adopt the amendment
VII. EXHIBITS
1. Department of Community Affairs' Florida Keys Area of Critical State Concern 2010 Removal of
Designation Report (pgs. 11-16)
2. Table 1: Evaluation of Proposed Clearing Limits
3. Excerpt from 2008 Administration Commission 30-Day Report to Monroe County (October 30,2008)
4. Excerpt from 2009 Administration Commission 30-Day Report to Monroe County (December 17, 2009)
5. Excerpt from 2010 Administration Commission 30-Day Report to Monroe County (December 30, 2010)
6. Excerpts from the Livable CommuniKeys Master Plans - Goals, Strategies and Action Items regarding
the clearing of upland habitat
7. Department of Economic Opportunity Objections, Recommendations and Comments (ORC) Report
issued on May 4, 2012
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICIES 101.4.22 AND 205.2.7 OF THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN AND CREATING POLICY
101.4.23 TO ADDRESS THE CLEARING OF UPLAND NATIVE VEGETATION,
AS REQUIRED TO ADDRESS THE TASKS IDENTIFIED IN THE 30-DAY
REPORTS FROM THE ADMINISTRATION COMMISSION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH SECRETARY
OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN.
WHEREAS, the Administration Commission directed Monroe County within its 30-Day
Report, pursuant to Section 380.0552(4)(c), F.S., to collaboratively evaluate the adopted clearing
limits for high quality and moderate quality tropical hammocks and to make recommendations to
bring parity between the local governments and to strengthen the protection of hardwood
hammocks;
WHEREAS, County staff, in conjunction with the State Land Planning Agency,
Islamorada and Marathon evaluated the various policies and standards used by the three local
governments for the clearing of high and moderate quality tropical hardwood hammock and
provided recommended revisions; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 7th day of June, 2011; and
WHEREAS, at a regularly scheduled meeting held on the 18th day of October, 2011, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency of a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan and recommended approval of the amendment;
WHEREAS, at a special meeting held on 13t' day of February, 2012, the Monroe County
Board of County Commissioners held a public hearing to consider the transmittal of the proposed
amendment to the State Land Planning Agency; and
WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections,
Recommendations and Comment (ORC) Report to Monroe County which did not identify any
objections, or comments related to important state resources and facilities that will be adversely
impacted by the amendment, if it is adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are
str-islea dwea and additions are underlined.)
Policy 101.4.22
All development shall be subject to clearing limits defined by habitat and the location of the
property in the Land Use Tier Overlay District Maps and the
wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas
(hardwood hammock, pinelands, and beach berm) for properties in the Ocean Reef planned
development shall be limited to 40 percent of the existing upland native vegetation.
Except as defined in Policy 101.12.4, clearing of upland native vegetative areas(hardwood
hammock, pinelands, beach berm, cactus hammock and palm hammock) in the Tiers I, II,
and -III and Tier III -A shall be limited fff to the portion of the property containing upland
native vegetation in the following percentages or maximum square footage:
Tier
Permitted Clearing *
I
20% or 3,000 square feet, whichever is greater, but no greater than 7,500
square feet of upland native vegetative area.
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 KeL 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
the 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.
II
40% or 3,000 square feet, whichever is greater, but no greater than 7,500
square feet of upland native vegetative area (Big Pine Key and No Name
Key).
0
III
40% or 3,000 square feet s €, whichever is greater; however, the maximum
amount of clearing shall be no more than 7,500 square feet, fegaWless-ef
the -amen of upland native vegetative area.
The clearing of parcels in Tier III 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 Kev, 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
the maximum clearing limit of 7,500 square feet. Clearing for a driveway
shall be recommended by a Count, 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 40 percent of the entire site.
III -A
Special Protection
40% or 3,000 square feet, whichever is greater; however, clearing shall not
exceed 7,500 square feet of upland native vegetation.
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 Ka and No Name Kev, 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
Area
the maximum clearing limit of 7,500 square feet. Clearing for a driveway
shall be recommended by a Count 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 40 percent of the entire site.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.23
Notwithstanding the clearing limits established in the Livable Communi&M s Master Plans
adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted
clearing established by Policy 101.4.22 shall control.
Policy 101.4.24 24
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a
legally -established residential dwelling unit exists shall be entitled to a density of one
dwelling unit per each such unit. Such legally -established dwelling unit shall not be
considered as non -conforming as to the density provisions of policy 101.4.21 and the Monroe
County —Code.
Policy 101A.34 25
In order to preserve the existing community character and natural environment, Monroe
County shall limit the height of structures including landfills to 35 feet. Exceptions will be
allowed for appurtenances to buildings, transmission towers and other similar structures.
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage and maximum allowed in
Policy 101.4.22. For applications that receive points for lot aggregation under the Permit
Allocation System for residential development, clearing of upland native vegetation shall be
limited to a maximum of 7,500 3,NG square feet or as specified in Policy 101.4.22. The
immediate development area shall include the area of approved clearing shown on the
approved site plan. The immediate development area shall be fenced throughout the duration
of construction. During construction, there shall be no disturbances of the ground surface
and vegetation within areas of native upland vegetation not approved for clearing.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. 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 State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
(Remainder of Page Intentionally Left Blank)
n
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 Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
F
Mayor David Rice
f't.0 MOM DCPARTI..E!dY
Community
Affa i rs
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:
Page 3
MONROE COUNTY 10-YEAR WORK PROGRAM
WORK PROGRAM TASKS REMAINING INCOMPLETE OR IN PROGRESS
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.
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.
A. Finalize construction and begin operating wastewater facilities in Hot Spots. Continue
implementation of Wastewater Master Plan with continued emphasis on Hot Spots.
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.
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
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
1 1 1
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 2006.1 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.
' State of Florida, Department of Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06-
2449GM)
Page 9
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
by Monroe County and the Villag
transmitting a plan amendment adopth
been adopted into the comprehensive plans
of Islamorada. Marathon anticipates
g 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 II 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
Lot Size;
Monroe _ ier,°I�
,.1VIarathon�
3,000or 40°lo.but ion seater`than7,5001,,
` 50%"Cl e
108,900
7;SOQ'
: 54450k
87,120
7,500 ��'
43560`
65,3401,,7,500',
= 32670`
Page 13
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.
Page 16
Water Quall*ty
Page 17
30-Day Report Strategy: The Administration Commission directed the local governments
to continue implementation of the Wastewater Master Plan, to define construction schedule
by phases, to develop facility plans and secure funding to implement the plan. Local
governments were also directed to complete projects identified in the Stormwater
Management Master Plan.
Status: This task is
The construction of modern, centralized wastewater infrastructure is essential to the
marine environment, public health, and quality of life and economy of the Florida Keys. Both
the Florida Legislature and the Florida Cabinet, acting as the Administration Commission,
through the Area of Critical State Concern Work Program, have established specific
requirements for completion of central wastewater facilities. Beginning in 1987, the
Administration Commission promoted a comprehensive wastewater system strategy for the
Keys. The strategy involves construction of local government wastewater facilities, higher
levels of treatment, better methods of disposal, and elimination (through connection to the
central systems) of small, older wastewater plants and most 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,
to require all sewage facilities in Monroe County, including septic tanks, package plants and
cesspits, to comply with the treatment standards by 2010.
2015 Wastewater Treatment Standards
Wastewater facilities having design capacities of less than 100,000
gallons per day and onsite sewage treatment and disposal systems.
a. Biochemical Oxygen Demand (CBOD5) of 10 mg/I.
b. Suspended Solids of 10 mg/l.
c. Total Nitrogen, expressed as N, of 10 mg/l.
d. Total Phosphorus, expressed as P, of I mg/l.
Wastewater facilities having design capacities greater than or equal
to 100,000 gallons per day.
a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
b. Suspended Solids of 5 mg/l.
c. Total Nitrogen, expressed as N, of 3 mg/l.
d. Total Phosphorus, expressed as P, of 1 mg/I.
In November 2009, the Administration
Commission also 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. Senate Bill 550 was enacted
and provided an additional 5 years for
the local governments to seek financing and construct wastewater treatment facilities.
Marathon and the Key Largo Wastewater District are making good progress in building
the facilities necessary to serve their citizens and protect local water quality. They have
developed construction programs and financing plans and continue to take advantage of available
state and federal resources to assist their efforts. Monroe County and Islamorada have stated
hesitancy to continue moving forward unless the state and federal governments pay a much
larger share of the cost of the facilities. Monroe County and Islamorada's serious funding
shortages are slowing their progress. Additionally, Islamorada has experienced delays because
of the Plantation Key facility lawsuit.
Page 18
Marathon - Wastewater and Stormwater
Marathon has made great strides in providing central wastewater to the 7 wastewater sub-
areas. Three of the 7 sub -areas are complete with connections increasing daily. Two systems are
more than 85% complete. The Knight's Key facility was delayed by a lawsuit; however, the
plant and collection system design is complete and construction is underway and anticipated
completion date is December 2010. The Tom Harbor facility is under construction with
completion anticipated in 2011. Marathon has the financing in hand to complete the construction
of its planned wastewater facilities. Marathon's financing strategy includes more than $57
million in assessments. As of this writing, Marathon has completed 9% of the connections and
has spent more than $11 million during the evaluation period on wastewater projects. Within
this section is a table that indicates the progress of planned connections for each facility in the
Keys.
As the wastewater collection lines are installed, Marathon is also constructing stormwater
treatment facilities. Marathon has applied for and received $300,000 in stormwater funding. In
addition, two direct stormwater discharges were eliminated this year.
Monroe County - Wastewater and Stormwater
The Key Largo Wastewater District spent $46 million this year on wastewater projects
and received $12 million in grants this year. The total cost of the facility is estimated at $121
million with assessments of $5,000 per user. The District is currently inspecting final residential
connections at a rate of approximately 100 per week.
The County has upgraded the Hawk's Cay facility and construction is underway to serve
residents on Duck Key. The County has $9.6 million in committed funds for fiscal year 2011
and another $3 million in committed funds in fiscal year 2012. Construction of the Big Coppitt
facility is complete and more than 70% of connections have been made.
The design for the Cudjoe Regional facility is complete, but is not expected to be bid out
until February 2011. Funding for the Cudjoe facility has not been identified and assessments
have not been levied. The projected cost for the facility is approximately $180 million with
connection fees estimated at $23,000 per household. It is unlikely that the County will be able to
complete this system by the 2015 deadline. If committed funding is not identified quickly, the
County should designate the area as a non -service area and take steps to notify residents of their
responsibility to upgrade the existing septic systems and package plants and develop an
enforcement program in conjunction with the Department of Health and the Department of
Environmental Protection. The County has agreed to schedule an agenda item during the first
quarter of 2011 to discuss assessments for the Cudjoe Regional facility.
Construction of stormwater facilities was completed at mile marker 11-12 through an
agreement with the Florida Department of Transportation. Monroe County has also applied for
stormwater funding and received $250,000.
Page 19
Islamorada - Wastewater and Stormwater
There has been inadequate progress in the construction of central wastewater facilities to
bring about improvement of near shore water quality as required by Section 380.0552, F.S.
Islamorada has refunded approximately $4 million in property assessments that had been
collected for the construction of central wastewater facilities and has returned over $5 million in
funding from the Environmental Protection Agency that would have upgraded septic tanks.
Islamorada also returned over $6 million in funding from the Army Corps of Engineers. As a
result, Islamorada was unable to execute loan agreements offered by the Department of
Environmental Protection for another $6 million for the construction of wastewater facilities.
Consequently, more than $22 million has been forfeited. Islamorada does not have a viable plan
or funding to meet the December 2015 deadline for meeting the advanced wastewater treatment
standards required by Section 403.086(10) and Section 381.0065(4)(1), F.S.
Islamorada and the Plantation Key contractor are in litigation. The litigation and
equipment failures have contributed to the lack of progress in constructing wastewater. A
contingent from Islamorada recently travelled to a suburb outside of Mobile, Alabama to view a
Septic Tank Effluent Pump (STEP) system as a wastewater management option. The costs and
feasibility of these systems have not yet been determined. Islamorada is also negotiating with
the Key Largo Wastewater District to treat wastewater originating in the Village of Islamorada.
Islamorada did not apply for stormwater funding and has not identified any stormwater
projects in the 30-Day Report or the capital improvements program.
Wastewater Connection Progress
Monroe
Potential EDUs
Connected EDUs
Assessment
Total Assessment
to be Collected
Percent
Connected
Baypoint
429
379
2,700
1,158,300
88%
Conch Key
150
112
2,700
405,000
75%
Duck Key
1,302
909
4,500
5,859,000
70%
Big Coppitt
1,711
1,237
4,500
7,699,500
72%
Stock Island
1,100
1,000
2,700
2,970,000
91%
Basin a
1,066
175
4,970
5,298,020
16%
Basin b
1,784
165
5,050
9,009,200
9%
Basin c
1,034
393
5,050
5,221,700
38%
Basin d
1,004
379
4,970
4,989,880
38%
Basin e
1,353
1,035
4,770
6,453,810
76%
Basin f
2,470
93
5,200
12,844,000
4%
Basin g
2,051
0
5,200
10,665,200
0%
Basin h
768
0
5,200
3,993,600
0%
Total
Monroe
16,222
5,877
$ 76,567,210
36%
Islamorada
9,268
750
8%
Marathon
10,087
880
5 730 1
$57,798,510
9%
Page 20
Recommendations
• The Department recommends that Marathon continue with its excellent progress on
completing wastewater and stormwater projects.
• The Department encourages Monroe County to identify funding for the Cudjoe
wastewater system or develop an alternate plan to consider the area a non -wastewater
service area and determine how upgrades and enforcement will be implemented.
• The Department encourages the Village of Islamorada Council to make a decision
regarding how wastewater treatment facilities will be upgraded; and to submit a
wastewater construction schedule that can be adopted into a rule or designate Islamorada
a non -service area and develop a notification and enforcement procedure that will ensure
that package plants and onsite sewage treatment and disposal systems will meet the 2015
treatment standards.
Page 21
Page 22
Introduction
One of the guiding principles of growth management is the protection of public health,
safety and welfare. The most common threat to public safety in the Florida Keys is the potential
loss of life and property from storm surge, flooding, and high winds associated with hurricanes.
The Florida Keys are located within an area of high hurricane activity. The area's elongated
configuration of coastal barrier islands, single evacuation route, and extensive shoreline in a high
hazard zone make the area extremely vulnerable. US Highway 1 is a long causeway (146 miles)
connecting multiple islands, with the majority of the roadway segments limited to two lanes.
Widening the two lane segments of US Highway 1 is impractical due to potential marine,
wetlands and sea grass impacts, engineering constraints, cost, etc. Past efforts in 2000 to widen
the highway resulted in litigation. Since 2000, some improvements have included the elevation
and addition of a northbound lane along the 18 Mile Stretch of US Highway 1 and the
replacement of Jew Fish Bridge.
The ability to safely evacuate the Florida Keys in the event of a hurricane is a limiting
factor that affects growth in the Florida Keys. The Florida Division of Emergency Management
requires that barrier islands be evacuated during category 3-5 hurricanes and also discourages the
construction of hurricane shelters. Any population remaining during a mandatory evacuation
would be vulnerable after a hurricane event due to potential damage to bridges, water supply and
electricity. Power and potable water originate in Florida City on the mainland. There are no
designated hurricane shelters within Monroe County for major hurricane events because the
Florida Keys are coastal barrier islands.
Further, hurricane evacuation within the Florida Keys is regulated by Section 380.0552,
F.S., which provides the following regarding hurricane evacuation:
(9) MODIFICATION TO PLANS AND REGULATIONS. —
(a) Any land development regulation or element of a local comprehensive
plan in the Florida Keys Area may be enacted, amended, or rescinded by a
local government, but the enactment, amendment, or rescission becomes
effective only upon approval by the state land planning agency. The state
land planning agency shall review the proposed change to determine if it is
in compliance with the principles for guiding development specified in
Chapter 27F-8, Florida Administrative Code, as amended effective August
23, 1984, and must approve or reject the requested changes within 60 days
after receipt. Amendments to local comprehensive plans in the Florida
Keys Area must also be reviewed for compliance with the following:
1. Construction schedules and detailed capital financing plans for
wastewater management improvements in the annually adopted
capital improvements element, and standards for the construction of
wastewater treatment and disposal facilities or collection systems
that meet or exceed the criteria in Section 403.086(10), F.S. for
wastewater treatment and disposal facilities or Section
381.0065(4)(1), F.S., for onsite sewage treatment and disposal
systems.
Page 23
2. Goals, objectives, and policies to protect public safety and welfare
in the event of a natural disaster by maintaining a hurricane
evacuation clearance time for permanent residents of no more than
24 hours. The hurricane evacuation clearance time shall be
determined by a hurricane evacuation study conducted in
accordance with a professionally accepted methodology and
approved by the state land planning agency.
30-Day Report Strategy: The Administration Commission directed the Department of
Community Affairs and Monroe County to update the data for the Florida Keys Hurricane
Evacuation Model utilizing professionally acceptable sources of information such as the
Census, American Communities Survey, Bureau of Business and Economic Research, and
other studies.
Status: This strategy is complete
Since adopting its first comprehensive plan, Monroe County has recognized the finite
ability to evacuate its population safely with only one route out of the Keys and has limited the
number of new dwelling units that can be constructed annually to ensure the safe evacuation of
the public. The comprehensive plans for the Florida Keys communities contain policies
requiring the maintenance of a 24 hour hurricane evacuation clearance time for major storms.
Other policies include a phased evacuation procedure that is implemented 48 hours prior to the
forecasted landfall of tropical storm winds.
The Department has utilized the Florida Keys Hurricane Evacuation Model (also known
as the "Miller Model") to determine hurricane evacuation clearance time for the Florida Keys
since 1999. The Florida Keys Hurricane Evacuation Model evolved from a US Army Corps of
Engineers Traffic Flow model that was modified by the Post, Buckley, Shuh & Jernigan
consulting firm in 1990.
In 2001, the model indicated that evacuation clearance time was 25 hours and 32 minutes.
This clearance time was based upon the simultaneous evacuation of tourists and permanent
residents. In 2005, a Hurricane Evacuation Committee convened by the Department of
Community Affairs recommended the formal adoption of an existing practice that advised
tourists to evacuate 48 hours prior to the forecasted landfall of tropical storm winds. Each local
government, with the exception of the city of Key West, adopted the phased evacuation
procedure into its comprehensive plan. Using phased evacuation, the evacuation clearance time
was reduced to 22 hours and 6 minutes.
To address direction provided by the Administration Commission to update the Florida
Keys Hurricane Evacuation Model, the Department assembled a technical focus group that
included several transportation engineers and behavior experts who have developed evacuation
models in Florida. Human behavioral expert, Dr. Jay Baker from Florida State University also
participated on the focus group. The Florida Department of Transportation provided funding to
update human behavioral studies in Monroe County. The Florida Department of Transportation
also enga ed Dr. Brian Wolshon, an ex ert on transportation and emergency evacuation. from
Page 24
Louisiana State University, to provide input regarding the Florida Keys Model. The technical
focus group has conducted numerous meetings over the past two years to evaluate hurricane
modeling approaches.
The technical focus group reviewed the Florida Keys Hurricane Evacuation Model
assumptions and variables and noted that, while there are more modem dynamic models
available, the Florida Keys Hurricane Evacuation Model is an "acceptable" mechanism to
measure clearance time.
The technical focus group recommended that the highway capacity levels be re-
evaluated. Highway capacity levels represent the number of cars that can be processed through a
particular link per hour. Capacity levels assumed in the Florida Keys Hurricane Evacuation
Model were established by a 1999 committee of state and local representatives. The committee
used the Florida Highway Capacity guide to establish the capacity of each link and reduced the
highway capacity by up to 30 percent to account for background traffic and side friction created
by automobiles entering the highway. The technical focus group recommended that the Florida
Department of Transportation conduct additional traffic studies and update the link capacities to
provide more confidence on the capacity numbers utilized in the model.
As a result of the focus group discussion, the Florida Department of Transportation
consulted with professional transportation engineers to evaluate the sustainable capacity of US
Highway 1 and made adjustments to the capacity for the various links. These adjustments
resulted in an overall decrease in capacity. Additionally, the technical focus group
recommended that the Florida Department of Transportation provide a table indicating any
changes to the evacuation clearance time that have resulted from the improvements to US
Highway 1 that have been completed to date and to project any changes that would result to the
evacuation clearance time from any funded improvements listed in the Florida Department of
Transportation 5 Year Construction Plan.
The technical focus group discussed the need to clarify the definition of clearance time.
Utilizing phased evacuation, clearance begins when the permanent population has received the
evacuation order for a Category 3-5 hurricane event and ends when the last car arrives at U.S.
Highway 1 at the Florida Turnpike in Homestead/Florida City. This definition is based in part
on an Administrative Law Judge's Final Order (DOAH Case No. 04-2756RP). This location is
preferred as it is situated outside the Category 3 vulnerability zone concurrent with behavioral
studies, and allows for the dispersal of Florida Keys evacuees into multiple directions.
Additionally, human behavioral studies indicate that less than 3 percent of the population will go
to emergency shelters, so an out -of -county terminus is warranted. The Department
recommends adding this definition of clearance time to the draft rules.
Page 25
30-Day Report Strategy: Monroe County shall enter into a memorandum of
understanding with the Department of Community Affairs (DCA), Marathon, Islamorada,
Key West, Key Colony Beach and Layton after a notice and comment period of at least 30
days for interested parties. The memorandum of understanding shall stipulate, based on
professionally acceptable data and analysis, the input variables and assumptions, including
regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or
other models acceptable to DCA to accurately depict evacuation clearance times for the
population of the Florida Keys.
Status: This strategy is incomplete.
The Department has not engaged the local governments to develop the memorandum of
understanding. Instead the Department has invested significant time in exploring hurricane
evacuation clearance time models and obtained guidance from a number of experts. During this
exploratory phase, the Department worked with the Division of Emergency Management and the
South Florida Regional Evacuation Study's uniform modeling methodology. During this
evaluation it has become clear that the outcomes of the model runs are influenced more by the
assumptions of the model than the type of model used. It will be necessary through model run
scenarios how the assumptions of the model impact clearance time in order to develop the
memorandum of understanding.
Monroe County Hurricane Evacuation Study
To advance the reliability of the Florida Keys Hurricane Evacuation Model, Monroe
County hired Dr. Reid Ewing to update the Florida Keys Hurricane Evacuation Model with
current dwelling unit data and to reflect the phasing evacuation procedures. The Florida Keys
Hurricane Evacuation Model has been updated using the best available data from recent
transportation and behavioral studies, the 2000 Census, American Communities Surveys, and
building permit data through 2008. The Ewing report can be found in the Technical Appendix.
Table 32 of the report provides results for several scenarios. The hurricane evacuation scenarios
below assume:
• Tourists and mobile home occupants responded to the early evacuation notice;
• One hundred percent of the mobile home occupants participate in the evacuation;
• The response curve is 12 hours;
• The storm event calls for an evacuation of Monroe County only; and
• The evacuation event is modeled to US Highway 1 at the Florida Turnpike in
Homestead/Florida City.
Page 26
Table 32
Low Occupancies
High Occupancies
Highway Configuration
27-67%
32-84%
Scenario 1:
Scenario 2:
Scenario 3:
Scenario 4:
Low
High
Low
High
Participation
Participation
Participation
Participation
70-75%
90-95%
70-75%
90-95%
A. 2001 Lanes/Miller Flow
16 hours 16
18 hours 50
18 hours 32
22 hours 6
Rates
minutes
minutes
minutes
minutes
B. 2001 Lanes/FDOT Flow
18 hours 58
22 hours 28
22 hours 8
27 hours 2
Rates
minutes
minutes
minutes
minutes
C. 2015 Lanes/FDOT Flow
16 hours 16
16 hours 16
16 hours 16
18 hours 40
Rates
minutes
minutes
minutes
minutes
D. 2015 Lanes/FDOT Flow
16 hours 16
17 hours 16
17 hours 4
20 hours 16
Rates (without shoulder
minutes
minutes
minutes
minutes
from mile marker 90 to
mile marker 106
Line A of the table provides the evacuation clearance time scenarios based upon the
traffic flow rates used in the original Florida Keys Model combined with phased evacuation.
Line A of the table is based on the capacity of US Highway 1 in the year 2000. The Florida
Department of Transportation is the agency with the authority to determine the sustainable traffic
flows of US Highway 1; therefore this scenario has only been included as a historical reference.
Line B of the table provides four scenarios when combined with the values from the
Occupancy Rate of permanent dwelling units. Scenario 1 utilizes the updated sustainable flow
rates for US Highway 1. Scenario 1 assumes a low participation rate of 70-75% of the
permanent population will evacuate and assumes a low occupancy rate of permanent dwelling
units of 27 to 67 percent. Scenario 1 provides an evacuation clearance time of 18 hours and 58
minutes. If the participation rate is increased to 90-95% from Scenario 2, the evacuation
clearance time rises to 22 hours and 28 minutes.
Line B, Scenario 3 also provides an evacuation clearance time based upon low
participation rate of 70-75% of the permanent population with a higher ocMancy rate of 32-84
percent of the permanent dwelling units. This result provides an evacuation time of 22 hours
and 8 minutes.
Line C of the table provides a projection of the evacuation time in 2015. The model
assumes that all the work projects included within the Florida Department of Transportation 5-
year plan have been constructed and that a continuous enhanced shoulder 10 feet wide has been
added between mile markers 90-106 that would count toward evacuation capacity. This scenario
provides a clearance time of less than 24 hours using low and high participation and low and
high occupancy rates.
Line D of the table provides a projection of the evacuation time in 2015. The model
assumes that all the work projects that have been included within the Florida Department of
Transportation 5 Year Plan have been constructed and that an enhanced shoulder four feet wide
Page 27
has been added between mile markers 90-106 that would count toward evacuation capacity. This
scenario provides a clearance time of less than 24 hours using low and high participation and low
and high occupancy rates. This scenario does not include the potential 2015 population and
additional dwelling units.
Scenario 3 with the high participation rate, low occupancy rate and clearance time
of 22 hour and 8 minutes is the evacuation clearance time that DCA supports as the most
probable and the most credible. This scenario is based upon limited data provided by the
American Communities Survey and the limited survey may not provide data that is reliable
enough for county -wide application. The occupancy rate of permanent dwelling units needs to
be monitored and confirmed when the 2010 Census data is released.
Lines C and D and the resulting scenarios do not include an evaluation of the time
necessary to set up cones on the bridges or requirements for dedicated police officers at each
bridge to direct traffic. In addition, the Monroe County Board of County Commissioners
adopted a resolution indicating support for only four feet of the proposed ten feet shoulder
enhancements proposed by the Florida Department of Transportation between mile markers 90-
106. The Department agrees that the enhancements will improve safety conditions and allow for
emergency vehicles and areas for vehicles to be pushed off the highway. The Department does
not have sufficient information to support the 2015 projection scenario that uses shoulder
enhancement as the basis for capacity.
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
Page 28
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.
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 runs that reflect a clearance time of 22 hours and up
Page 29
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
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 constructed 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
Build Out Capacity of the Florida Keys
30-Day Report Strategy: The Department of Community Affairs shall apply the derived
clearance time to assess and determine the remaining allocations for the Florida Keys
Areas of Critical State Concern. The Department will recommend appropriate revisions to
the Administration Commission regarding the allocation rates and distribution of
allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony
Beach or identify alternative evacuation strategies that support the 24 hour evacuation
clearance time. If necessary, the Department of Community Affairs shall work with each
local government to amend the Comprehensive Plans to reflect revised allocation rates and
distributions or propose rulemaking to the Administration Commission.
Status: This strategy is incomplete.
Building permits in the Florida Keys have been limited to an annual building permit cap
since 1996 in order to maintain a 24-hour evacuation clearance time. Monroe County, Marathon,
and Islamorada allocate the permits based on a competitive point system which guides
development toward areas with infrastructure and away from velocity zones and environmentally
sensitive areas such as habitat for threatened or endangered species. When a building permit
application is received, it is scored by the local government and enters the building permit
allocation pool. The pool is evaluated at quarterly intervals and the top ranked applicants receive
an allocation. Those applications that are not awarded remain in the building permit pool and
accumulate perseverance points for a maximum of four years. Applicants that are not successful
in obtaining a building permit within four years may continue to wait for an allocation. If the
property is in an area targeted for land acquisition, the local government may offer to purchase
the property. If the parcel is not located within an areas targeted for acquisition, the local
government may grant a permit under the existing Administrative Relief provisions of the land
development regulations. Table 1 below provides allocation by local government.
Table 1- Annual Allocation by Local Government
Local Government
Annual Allocation
Monroe County
197
Marathon
30
Islamorada
28
Key West*
92
Layton
3
Key Colony Beach
10
*Key West currently has no annual allocation because it is prohibited from
amending their plan until the EAR based amendments and other statutory
requirements are met.
Land owners whose applications do not compete well in the building permit allocation
system due to the environmental sensitivity of the parcel sometimes file lawsuits claiming the
property has been taken by inverse condemnation. _ Regulations that have been adopted to protect
Page 31
highly functioning wetlands and to limit clearing of tropical hardwood hammock that provides
habitat for endangered species are often cited as the basis for filing Bert Harris Private Property
Rights, or takings, cases against the local government and the Department of Community
Affairs. These cases are expensive and time consuming to litigate. Currently, the Department is
a co-defendant in nine cases, some with multiple petitioners. The Department has utilized the
Office of the Attorney General to assist in litigating takings cases. Reducing the permit
allocation in the Keys may increase the exposure to takings cases and must be carefully balanced
against development limitations. As the Memorandum of Understanding is discussed, there will
be concurrent workshops with local governments regarding allocations and distributions that will
form the basis for a build -out scenario.
Page 32
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STATE OF FLORIDA
Offitt of the Oobernor
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001
CHARLIE CRIST www•flgovcom
GOVERNOR 850-488-7146
850-487-0801 fax
October 30, 2008
Honorable Mario Di Gennaro, Mayor
Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway
Suite 210
Marathon, Florida 33050
Dear Mayor Di Gennaro:
For many decades, the Florida Keys Area has been recognized as a significant
Florida resource for its environmental, natural, and historical characteristics. The Florida
Keys designation as an Area of Critical State Concern and the 10-year Work Program
have served as critical steps toward protecting water quality, habitat areas, and citizen
safety. It is through our continued partnership with county, state, and federal government
principals that our goals for sustaining this valuable resource can be achieved.
Enclosed are the actions taken by the Commission at the October 28, 2008,
meeting. These include the 30-Day Report as required by section 380.0552(4)(a), Florida
Statutes, and the Final Order granting Monroe County's Petition for Variance from or
Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction. Additionally, the
Commission adopted the following directive to state agencies:
"The Commission directs the Departments of Community Affairs,
Environmental Protection, and Transportation to work with Monroe
County and other state and federal entities as part of a working group to
help develop strategies to secure protection of environmentally sensitive
lands through local, state and federal programs. Furthermore, the
Commission directs the Department of Community Affairs to assist
Monroe County in its efforts to secure legislation to amend section
380.0552(4), FS. The purpose of the legislation is to provide a process for
the removal of the Florida Keys Area of Critical State Concern
designation that recognizes the current status of the Work Program tasks
and provides a process for completion of additional tasks necessary for
removal of the designation, including those related to the protection of
environmentally sensitive lands and affordable housing."
! a - -IIMVk►IXtFT=-I
October 30, 2008
Page Two
In the next few weeks, the Commission will initiate rulemaking to update and
establish the expectations for completion of the Work Program tasks. The Commission
welcomes your input and participation in this process as we expect this to be a
collaborative effort with Monroe County.
The Commission appreciates your continued commitment and service to the
public in meeting the objectives of the Area of Critical State Concern designation.
Should you have any questions regarding the 30-Day Report or the proposed rule and
rulemaking process, please contact Lisa Saliba at (850) 487-1884.
Sincerely,
" 43J rfi
Enclosures
cc: Members of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Michael W. Sole, Department of Environmental Protection
Secretary Stephanie Kopelousos, Department of Transportation
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STATE OF FLORIDA Exhibit 4
e
.t f 'tit of the Oobernor
& rHF CAPITOL
IALLAHASSi.t..; i.OR(DA 32399-fNX)I
CHARLIE GRIST www.fl=ov.Cotn
GOVERNOR 850-488-7146
950-487-0801 fax
December 17, 2009
The Honorable Sylvia Murphy, Mayor
Monroe County
Murray E. Nelson Government &
Cultural Center
102050 Overseas Highway
Suite 234
Marathon, Florida 33037
Dear Mayor Murphy:
The Florida Keys Area has been recognized as a significant Florida resource for its
environmental, natural, and historical characteristics. The designation as an Area of Critical
State Concern and the 10-year Work Program in Administration Commission Rule 28-20.110,
FAC, have served as critical steps toward protecting water quality, habitat areas, and citizen
safety in the Florida Keys. It is through our continued partnership with county, state, and federal
government principals, and environmental and citizen organizations, that our goals for
sustaining this valuable resource can be achieved.
Enclosed are the actions taken by the Commission at the November 17, and December 8, 2009,
meetings. These include the 30-Day Report as required by section 380.0552(4)(a), Florida
Statutes, and the Final Order issued on December 10, 2009, granting Monroe County's Petition
for Variance from or Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction.
During the reporting process, the Department of Community Affairs and the County proposed
changes to the Work Program Tasks. These changes will be considered for inclusion in the
Administration Commission rule subsequent to legislative action on the consensus legislation
presented to the Commission on December 8, 2009.
The Commission appreciates your continued commitment and service to the public in meeting
the objectives of the Area of Critical State Concern designation. Should you have any questions
regarding the 30-Day Report, please contact Lisa Saliba at (850) 487-1884.
Sincerely,
Jerry L. McDaniel, Secret
Administration Commission
JLM/Is
nclosures- -
December 17, 2609
Page Two
cc: Members of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Michael W. Sole, Department of Environmental Protection
Secretary Stephanie Kopelousos, Department of Transportation
State Surgeon General Ana M. Viamonte Ros, M.D., M.P.H., Department of Health
P.
P.-
STATE OF FLORIDA
(Offv� i P of the gobernor
THE CAPTTOL
IALLAHA';iEL•. f•i.ORIDA 32399-r")t
w
www.fl-Ov.com
CHARLIE CRIST GOVERNOR 850-488-7146
850-487-0801fax
December 30, 2010
Honorable Heather Carruthers, Mayor
Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Carruthers:
The Florida Keys Area has been recognized as a significant Florida resource for its
environmental, natural, and historical characteristics. The designation as an Area of Critical State
Concern by the Florida Legislature and the 10-year Work Program in Administration Commission Rule
28-20.110, FAC, have served as critical steps toward protecting water quality, habitat areas, and citizen
safety in the Florida Keys. It is through our continued partnership with county, state, and federal officials
as well as environmental and citizen organizations, that the goals for sustaining this valuable resource
can be achieved.
Enclosed are the actions taken by the Commission at the December 7, 2010, meeting. These
include the 30-Day Report as required by section 380.0552(4)(a), Florida Statutes, and the approved
proposed rule language for Monroe County.
The Governor and Cabinet in their capacity as the Administration Commission, appreciate your
participation at the December meeting, your support for the staff recommendation and your continued
commitment and service to the public in meeting the objectives of the Area of Critical State Concern
designation. Should you have any questions regarding the 30-Day Report, please contact Barbara
Leighty at (850) 487-1884.
Sincerely,
Jerry L. McDaniel, Se r ary
Administration Commi sion
JLM/bl
Enclosures
cc: Members of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Mimi Drew, Department of Environmental Protection
Secretary Stephanie, Kopelousos,,,Department of Transportation
State Surgeon General Ana M. Viamonte Ras, M.D., M.P.H., Department of Health
I
i
Exhibit 6
Excerpts from the
Monroe County Comprehensive Plan
Livable CommuniKeys Master Plan
Policy 101.20.2
The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as a part
of the plan and be implemented as part of the Comprehensive Plan. The following Community
Master Plans have been completed in accordance with the principles outlined in this section and
adopted by the Board of County Commissioners:
Master Plan for Future Development of Big Pine Key and No Name Key, dated August
2004 and adopted by the Board of County Commissioners on August 18, 2004 is
incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the
Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term
Action Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous. Amended by Ordinance 020-2009.
2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated
February 11, 2005 and adopted by the Board of County Commissioners on February 16,
2005 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies
in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and the
term Action Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous.
3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by
reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan is
equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is
equivalent to the term Policy; the meanings and requirements for implementation are
synonymous.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan
titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated
November 2005 and incorporated by reference into the 2010 Comprehensive Plan. The
term Strategies in this Master Plan is equivalent to the term Objectives in the
Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the
2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term
Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term
Policy; the meanings and requirements for implementation are synonymous.
Exhibit 6
Livable CommuniKeys master Plan for Big Pine Key and No Name Key
Strategy 10.1
Revise policies in the comprehensive plan specifically aimed at protection of unique habitat and
wildlife communities in the planning area.
Action Item 10.1.1: Delete policies 207.7.5, 207.7.7, 207.7.9, 207.7.10, 207.7.11, and
207.7.17 from the Conservation and Coastal Element of the Comprehensive Plan. These
policies cover habitat and wildlife protection issues that either have been fulfilled since
the policies were written, or are addressed as part of the HCP as implemented in this
Master Plan.
Action Item 10.1.2: Amend existing habitat analysis policies and regulations to add all
hammocks and pinelands located within the planning area (on Big Pine Key and No
Name Key) to the "Automatic High Quality" category with corresponding open space
ratios applied.
Action Item 10.1.3: Limit any clearing of native habitat on parcels to be developed for
residential purposes or for local road widening. The total amount of clearing permitted
over the 20-year period is no more the .2 percent of the current extent of native habitat
(7.1 acres) and no more than 20% of any individual lot with native habitat (for wildfire
prevention purposes only).
Strategy 4.1
Plan the overall level of non-residential development for the next twenty years to be consistent
with the community vision and development plan selected through the Livable CommuniKeys
planning process. It shall also be consistent with the incidental take permit and the
accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species.
Action Item 4.1.1: Limit the total amount of new commercial floor area that may be
permitted to 47,800 square feet over the twenty-year planning horizon. This amount may
be revised at a later time based on data indicating a change is warranted.
Action Item 4.1.2: Designate the U.S. 1 Corridor Area as the area defined in the Big
Pine/US 1 Corridor enhancement plan, incorporated herein by reference.
Action Item 4.1.3: Direct non-residential development and redevelopment to infrll in
existing non-residential areas on Tier II and Tier III lands, mainly in the U.S. 1 Corridor
Area. New commercial development will be limited to disturbed or scarified land - no
clearing of pinelands and/or hammock will be permitted.
Exhibit 6
Livable CommuniKevs Master Plan — Tavernier Creek to MM97
Strategy 2.1
Limit clearing for new construction to maintain the tree cover in the neighborhoods and along
the U.S. 1 corridor area.
Action Item 2.1.1: Amend existing habitat analysis policies and regulations to designate
all lots in Tier I in this planning area as automatic high quality and limit clearing to a
maximum of twenty percent.
Action Item 2.1.2: Amend existing habitat analysis policies and regulations to designate
all lots containing hammock areas in Tier II and Tier III in this planning area, whether
old or regrowth, as automatic moderate quality and limit clearing to a maximum of forty
percent.
Strategy 6.5
Reduce the permitted clearing of Hammock lots.
Action Item 6.5.1: Amend existing habitat analysis policies and regulations to designate
all lots containing hammock areas in Tier II and Tier III in this planning area, whether
old or regrowth, as automatic moderate quality and limit clearing to a maximum of forty
percent.
Key Largo Community Master Plan
None
Master Plan for the Future Development of Stock Island and Key Haven
None
Rick Scott DEi
GOVERNOR
FLORIDA DEPARTMENTf
ECONOMIC OPPORTUNITY
May 4, 2012
The Honorable David Rice
Mayor, Monroe County Board of County Commission
9400 Overseas Hwy, #210
Marathon Airport Terminal
Marathon, FL 33050
Dear Mayor Rice:
Hunting F, Deutsch
EXECUTIVE DIRECTOR
The State Land Planning Agency (the Agency) has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 12-2ACSC), which was
received and determined complete on March 7, 2012. Copies of the proposed amendment have
been distributed to the appropriate reviewing agencies for their review, and their comments are
enclosed. We have reviewed the proposed amendment in accordance with the state coordinated
review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance
with Chapter 163, Part II, F.S.
The attached Objections, Recommendations, and Comments Report outlines our findings
concerning the amendment. We have identified one objection and have included
recommendations regarding measures that can be taken to address the objection. We are also
providing two technical assistance comments consistent with Section 163.3I68(3), F.S. The
Agency's technical assistance comments will not forni the basis of a challenge. They are offered
as suggestions which can strengthen the County's comprehensive plan in order to foster a
vibrant, healthy community or are technical in nature and designed to ensure compliance with
the provisions of Chapter 163, F.S.
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the
second public hearing is not held and the amendment adopted within 180 days of your receipt of
agency comments, the amendment shall be deemed withdrawn unless extended by agreement
with notice to the state land planning agency and any affected party that provided continent on
the amendment. For your assistance, we have enclosed the procedures for final adoption and
transmittal of the comprehensive plan amendment.
Florida Department of Economic Opportunity The Caldwell Building 107 E Madison Street Tallahassee, FL 32399-4120
866.FLA.2345--850.245,7105 " 850.921,3223 Fax www.Florid_ aJobs org www.twitter.com/FLDEO www,facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711,
Honorable David Rice
May 4, 2012
Page 2 of 2
My staff and I are available to assist the County in addressing the issues identified in our
report. If you have any questions, please contact Rebecca Jetton, at (850) 717-8494, or by email
at Rebecca.'etton codeo.m florida.com.
Sincerely,
:}
Mike McDaniel, Chief
Bureau of Community Planning
MM/bep
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
Adoption Procedures
cc: Christine Hurley, Growth Management Director
Mr. James F. Murley, Executive Director, South Florida Regional Planning Council
Florida Department of Economic Opportunity The Caldwell Building 1-07 E 80&0105e • axMpy.Fjoridpjpb - 920
An equal opportunity employer/program. Auxiliary aids and services are available upon request to
. - .. .:voice
STATE LAND PLANNING AGENCY
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
I '1
MONROE COUNTY
PROPOSED AMENDMENT 12-2ACSC
May 4, 2012
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT
(DEO NO. 1.2-2ACSC)
I Consistency with Chapter 163, Part I1 and Chapter 380, Part I
The Department has the following objections and comments to the proposed
comprehensive plan amendment:
Objection 1: Monroe County has proposed policy 101.4.20 to address those applications
that request an increase in density/intensity and provides two options to the applicant.
Option one in the proposed policy only addresses density and intensity increases that are
for parcels one acre or greater in size and does not address lots smaller than one acre.
The policy does not provide meaningful and predictable guidelines and standards, and is
potentially inconsistent with Rule 28-20.140(5)9 and the Principles for Guiding
Development, because it is unclear if the requirements intended to discourage increases
in density and intensity also apply proportionately to lots less than an acre.
Authority: Section 163.3177(1), and 380.0552(7), Florida Statutes; (F.S.), Rule 28-
20.140(5)4, Florida Administrative Code
Recommendation: Revise the policy to clarify that Options 1 and 2 also apply
proportionately to properties less than an acre. The county is encouraged to develop a
mechanism that would require donation of land from Tier I when Tier I future land use
increases in density/intensity are considered.
II. Technical Assistance Comments
Comment: Data and analysis submitted with the amendment identifies two
properties that have Maritime Industries zoning district with one designated Public
Facilities and the other designated Conservation. The densities and intensities of the
Maritime Industries zoning district are inconsistent with the FLUM categories of
Public Facilities and Conservation. The Public Facilities Land Use and the
Conservation FLUM designations do not allow hotel rooms or dwellings. The
County should. establish zoning categories that are consistent with the FLUM and
remove the Maritime Industries zoning district from the parcels.
Comment: To eliminate potential confusion, the Department recommends that
Monroe County delete or revise the Action Items which govern clearing limits in the
Livable CommuniKeys Master Plans for Big Pine and Tavernier Creek to be
consistent with the minnnum and maximum clearing limits indicated in Policy
101.4.22.
i
COMMENTS
A. Receipt of Comments from external Agencies
B. Citizen comments
Jetton, Rebecca
From: Demes, Ron A CIV CNRSE, NO2 [ron.de mes@navy. mill
Sent: Monday, April 02, 2012 11:16 AM
To: Hurley -Christine
Cc: Jetton, Rebecca; Santamaria-Mayte; Schwab-Townsley
Subject: RE: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
OK: I sent a text to Rebecca since my email was not working until mid morning. I was not
able to get email this weekend and saw an email from her on Sat. I will send you some dates
this afternoon.
V/r, ron
-----Original message -----
From: Hurley -Christine [maiIto: Hurley -Christine(@MonroeCounty- FL. Gov]
Sent: Monday, April 02, 2012 11:13
To: Demes, Ron A CIV CNRSE, NO2; _rebecca.ietton(@DEO.myflorida.com; Santamaria-Mayte; Schwab-
Townsley
Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
Rebecca is here. But I'm not sure of her schedule. Mayte is not here. So we'd prefer next
week sometime.
Sent from my iPhone
On Apr 2, 2012, at 11:09 AM, "Demes, Ron A CIV CNRSE, NO2" <ron.demesQnavy.mil> wrote:
> I will work this today now that computer is up and running. Is Rebecca here today? Or
coming soon?
> -----Original Message -----
> From: Hurley -Christine [mailto:Hurley-Christine(@MonroeCounty-FL.Gov]
> Sent: Monday, April 02, 2012 11:01
> To: Demes, Ron A CIV CNRSE, NO2; Tezanos-Mayra; Schwab-Townsley; Santamaria-Mayte
> Cc: imurley@sfrpc.com; rebecca.iettonODEO.myflorida.com
> Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
> Mr Demes: we would like an opportunity to sit down with you and go over this email. Please
give us a couple of dates and times when you are available.
> It would be good if Rebecca can listen in as well.
> Mayra - please coordinate b
> Thank you
> Christine Hurley
> Sent from my iPhone
> On Mar 30, 2012, at 3:32 PM, "Demes, Ron A CIV CNRSE, NO2" <ron.demes(navy.mil> wrote:
> Mr....Murley and.. Ms. Jetton:
>> As the representative of Naval Air Station Key west acting on behalf of
1
>> the military installations within Monroe County jurisdiction and
>> representing the Military interests as the ex-officio member of the
>> Monroe County planning commission and representative at DRC & BOCC
>> meetings, I am writing this email to document our objection to the comp
>> plan amendment on transmitting a proposed ordinance that revises Policy
>> 101.4.5 Mixed Use/commercial (MC) Future Land Use Map (FLUM) category
>> description and amends Policy 101.4.21 to assign the Maritime Industries
>> (MI) Zoning District to the MC FLUM Category and amends the maximum net
>> density range and the maximum intensity range for the MC FLUM category
>> and clarifies the footnotes within the table.
>> I have voiced this objection at the Development Review Committee and
>> Planning Commission meetings regarding the proposed designation changes.
>> Our primary objection to the proposed amendment is to the significant
>> increase in residential type density that would be allowed under this
>> amendment in lands proximal to Naval Air Station Key West such as areas
>> of Noise Zones 65 DNL and higher. The current designation only allows
>> for a maximum density of 2 dwelling units per acre and zero transient
>> units. This change will allow for a 900% increase in residential
>> dwelling units and an infinite increase on transient units. We find this
>> contrary to FL statutes set to protect military interests in the State
>> of Florida.
>> As set for the in FS 163.3175(2), Naval Air Station Key West, associated
>> with Monroe County, is designated a major military installation and due
>> to its mission and activities, has a greater potential for experiencing
>> compatibility and coordination issues than others. Accordingly, FS
>> 163.3177(6)(a) relates to establishing compatible land use for such
>> bases with specific governments in proximity to and in association with
>> the specific military installations like NAS Key West. This amendment
>> inadequately addresses the Navy's concerns regarding the objections
>> brought out in the DRC and Planning commission. upon unanimous denial of
this proposed FLUM designation change, we did not believe this would go
>> forward.
>> Additionally, we find this proposed amendment inconsistent with FS
>> 380.0552(7) and specifically principle (h) "to protect the value,
>> efficiency, cost effectiveness and amortized life of existing and
>> proposed public investments including: .....4. Key West Naval Air
>> Station and other military facilities."
>> A proposed solution could entail the county agreeing to no increase in
>> residential/transient density within the 65 DNL noise contours based on
>> the current 2007 AICUZ study.
>> Naval Air Station Key West looks forward to continuing dialog to resolve
>> this extremely important issue that is critical to our mission
>> sustainability.
>> V/r, Ron Demes
>> R. A. DEMES
>> Executive Director/Business Manager
>> Naval Air Station
>> P. 0. Box 9001
>> Key West, Florida 33040-9001
2
>> 305.293.2866 Executive Suite
>> 305.293.2488 XD/BM desk
>> 305.293.2230 Fax
>> 305.797.0158 XD/BM Cell
>> mailto:ron.demes(@navy.mil
Florida Fist
and Wildlife
Conservation
Commission
Commissiotters
Kathy Barco
Chairman
Jacksonville
Kenneth w. wright
Vice Chairman
Winter Park
Ronald M. Bergeron
Fort Lauderdale
April 6, 2u,2
Mr. Ray Eubanks
Department of Economic Opportunity
Division of Community Development
107 East Madison Street, MSC-160
Tallahassee, FL 323994120
depextemalauencycommentsi'&deo in florida com
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Re: Monroe County Year 2010 Comprehensive Plan Amendment, 12-2 Expedited State
Review, Area of Critical State Concern, Monroe County
Dear Mr. Eubanks:
Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the seven (7)
proposed amendments to Monroe County's Year 2010 Comprehensive Plan and provide the
following comments, under Chapter 163, Florida Statutes, for your consideration:
Richard A. Corbett Part of Monroe County (the City of Key West and the Florida Keys) is considered to be an Area
Tampa
liesa" Priddy of Critical State Concern (ACSC), which includes environmental or natural resources of regional
immokalee or statewide importance. FWC staff has been involved in the Tier Designation Review
Charles W. Roberts ill Committee along with Monroe County staff, public agencies, private consultants, planners, and
Tallahassee other interested parties. Participation in this committee has allowed FWC the opportunity to
Brian S. Yablonskl provide input regarding fish and wildlife resources in the ACSC and as such, we believe the
Tallahassee proposed amendments do not appear to adversely affect regional or statewide resources.
Executive staff After reviewing the proposed resolutions, FWC staff has determined that Resolution 021-2012
Nick whey may improve habitat protection by discouraging Future Land Use changes which increase
Executive Director allowable density/intensity. Resolutions 022-2012 and 024-2012 may also increase wetland
Greg Holder protection by assigning points under ROGO/NROGO (Rate of Growth Ordinance/Non-residential
Assistant Executive Director Rate of Growth Ordinance) for land dedication and also by assigning negative points to certain
Karen Ventimiglia Chief of Staff Tier III parcels that contain submerged lands and/or wetlands requiring open space. These
provisions should prove effective in reducing impacts to fish and wildlife resources in this area.
We appreciate the opportunity to participate in the Tier Designation Review Committee and look
Species on con{serv, n forward to continuing this partnership. We also appreciate the opportunity to review the
Eric Sutton, Director proposed amendments and would like to extend this offer to the County's staff for future
(850) 488-coordination on Comprehensive Plan Amendment activities. If you or your staff needs further
(850) 92i-7793 793 FAX assistance, please do not hesitate to contact Jane Chabre at 850-410-5367, or
FWCConservationP]anninl;Services(cbMYFWC com and she will be glad to make the necessary
arrangements. If you have specific questions regarding the content of this letter, please contact
Ben Shepherd at 407-858-6170 or by email at Ben. She herd d?M FWC.com.
Managing fish and wildlife
resources for their long-term
well-being and the benefit
of people.
620 South Meridian Street
Tallahassee, Florida
32399-1600
Voice: (850) 488-4676
Hear ng/speech-impa!red
(800) 955-8771(T)
(800) 955-8770 (V)
Sincerely,
Bonita am, Program Administrator
Office of Conservation Planning Services
bg//bs
ENV 2-3-3
Monroe County 12-2AC:SC_16011 040612
MyFWC.com
Mr. Ray Euba
Page 2
April 6, 2012
cc: Mayte Santamaria
Monroe County Planning and Environmental Resources
santamaria-mayteCimonroecounty-fl eov
Terry Manning
South Florida Water Management District
tmannine(,sfwmd.aov
Jim Quinn
Florida Department of Environmental Protection
tim.quinnCwden.state.fl.us
Rachel M. Kalin
South Florida Regional Planning Council
rkalinCa)sfrpc com
Wendy Evans, Administrative Assistant H
Department of Agriculture and Consumer Services
wend .evans&.freshfromflorida com
South
Florida
Regional
Planning
Council
AGENDA ITT',M. #111.E
DATE: APRIL Z 2012
TO: COUNCILMEMBERS
FROM: STAFF
SUBJEC'I': LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA
Pursuant to Section 1633184, Florida Statutes, Council review of amendments to local government
comprehensive plans is limited to 1) adverse effects on regional resources and facilities identified in the
Strategic Regional Policy Plan fir St)uth Florida {SRPP) and 2) extraju d onal impacts that would
inconsistent with the comprehensive plan of any affected I al govern ris icti irn a s habe
oc ment within the Region,
A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes,
is to be provided to the local government and the State Land Planning Agency within 30 calendar days of
receipt of the amendment.
Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below are
generally consistent with and supportive of the Goals and Policies of the SRPP. Attached are the separate
amendment review forms that will be sent to the local government and State Land Planning Agenq.
npg'
7�
77777M
'k
Sk,
Z'
Sl
Monroe County
%0
N/A
1
N/A
2/13/12
5-0
Town of Southwest
Ranches #12-1ESR
%0
N/A
2
N/A
2/23/12
i Broward County
8/1/11
#12-2P-SR
N/A
3
Consistent
2/28/12
7-4)
City of Oakland
-
-
Park #12-1ESR
/A
4
N/A"'
3/7/12
5-0
If adrpted the proposed C,,ourcjj
Re'4y' Date and
'*Tbe arnendmj,� enjnot nequired in be reviewed at tTansmi t�ofutnn 51,
.ttal'; N/ & not apptizabte
Rec Wam4,_tion
Find the proposed and/or adopted plan amendments from the local governments of Monroe County
Southwest Ranches, Broward County, and Oakland Park generally consistent with the Strategic'
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 98 5- 4416, State (a 00) 985-4 416
FAX (954) 965-4417, e-mail: sfadmjn@sfrpc.wm' websi*' www,sfrpc.com
Regional Policy Plan for South Florida. Approve this report for transmittal to the local governments
with a copy to the State Land Planning Agency.
Attachment 1
FLORIDA REGIONAL COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM o1
South Florida Regional Planning Council Agenda Item and Date: III.E; 4/2/12.
Local Government Amendment Number: Monroe County proposed #12-2ACSC.
Date Continents due to Local Government: 4/4/12.
Date Mailed to Local Government and State Land Planning Agency: Prior to 4/4/12.
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government comprehensive
plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan
for South Florida (SRPP) and extrajurisdictionai impacts that would be inconsistent with the comprehensive plan of
any affected local government within the region. A written report containing an evaluation of these impacts,
pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land
planning agency within 30 calendar days of receipt of the amendment.
DESCRIPTION OF AMENDMENT
1. Upland Vegetation Clearing (Resolution 20-2012)
Revisions to Policies 101.4.22 and 205.2.7 and new Policy 101.4.23 would address limitations on clearing
of upland native vegetation, as recommended in the 2008, 2009, and 2010 Administration Commission 30-
Day Report to Monroe County and by the State Land Planning Agency. The text would define maximum
square footage for permitted clearing Tier I,11, III and III -A lands.
2. Discourage Increases in Density and Intensity (Resolution 21-2012)
New Polity 101.4.20 would discourage private application for future land use changes that increase
allowable density and intensity and further preserve the native habitat of the County, implementing the
Florida Keys Carrying Capacity Study and Rule 28-20.110 and 28-20.140 of the Florida Administration
Code (F.A.C.).
The definition for "private application' would be applications from private entities with ownership of the
upland development and parcel(s) of land or includes private upland development on County -owned
land. Those private applicants requesting FLUM amendments shall be required to comply with either of
the following:
1. For every acre of land for which there is a request to increase density and/or intensity, the
applicant shall purchase and donate 2 acres of land that contain non -scarified native upland habitat
and/or undisturbed wetland habitat to Monroe County for conservation (specific requirements shall
apply).
2. For each requested additional unit of density, the applicant shall purchase and donate a lot
designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map that contain
non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County (Specific
requirements shall apply).
The parcel which is the subject of the request to increase -its density and intensity must be designated as
Tier III and have existing public facilities, services, and central wastewater facilities.
3. Tier System positive point allocation for wetland dedication (Resolution 22-2012)
Revisions to Policies 101.5.4 and 101.5.1 would assign positive points under the residential and non-
residential permit allocation system for the dedication of parcels that contain wetlands or Tier I11-A
(Special Protection Area) parcels.
The Tier system is used for purposes of land acquisition and smart growth initiatives. Tier I are Natural
Areas, Tier II are Transition and Sprawl Reduction Areas on Big Pine and No Name Keys, Tier III are
Will Areas, and Tier III -A are Special Protection Areas. Currently protective criteria for wetlands are not
addressed.
4. Tier Re -designation for Seacamp Property (Resolution 23-2012)
Revisions to the Livable CommuniKeys Master Plan for Big Pine and No Name Keys, which is adopted
by reference into the Comprehensive Plan, would amend the designation of ten parcels known as the
Seacamp property (approximately 12 acres) from Tier I to Tier III and as Institutional Use. The property
is used by a not -for -profit organization that provides marine education to children. The change would be
consistent with the existing land use and correct a scrivener's error in the original Master Plan.
5. Tier System negative point allocation for wetland protection (Resolution 24 2012)
Revisions to Policies 101.5.4 and 101.5.5 would assign negative points under the residential and non-
residential permit allocation system to Tier III parcels that contain submerged lands and/or wetlands that
require 100% open space and that are located adjacent or contiguous to Tier I properties. This
amendment would provide an additional layer of protection for wetlands, similar to County Amendment
4 (Resolution 22-2012).
6. Mixed Use/Commercial Land Use Map Designation and Maritime Industry Zoning (Resolution 25-
2012)
Revisions to Policies 101.4.5 and 101.4.21 would amend the Mixed Use/ (MC) future land use
category description to allow Maritime Industries (MI) zoning in the MC category. Of 29 parcels
currently zoned MI, all but one are on Stock Island, with 59.7 acres in the Industrial future land use
category, and 29.5 acres in Public Facilities. Although MI zoning allows transient (hotel/motel) units, the
Industrial future land use category does not. The staff backup indicates that the amendment is intended
to encourage the preservation of recreational and commercial working waterfronts for water -dependent
uses.
The changes would:
• Add language that MC future land use districts are to establish and conserve areas of mixed uses,
which may include maritime industry, light industry, commercial fishing, transient and permanent
residential, institutional, public, office, commercial and retail use;
• Encourage the maintenance and enhancement of community character, recreational, and commercial
working waterfronts; and
• Apply certain criteria to lands designated with the Maritime Industries zoning, including
maintaining a minimum of 35% of the upland area for working waterfront and water dependent uses
and similar wet slips, dock, and public access walkway preservation.
• Limit parcels to commercial apartments only. Commercial apartmentswould be an attached or
detached residential dwelling unit located on the same parcel as a nonresidential use that is to serve
as housing for the owner or employees of the nonresidential use.
7. Lower Keys Livable CommuniKeys Plan (Resolution 26-2012)
A revision to Policy 101.20.2 would incorporate the Lower Keys Livable CommuniKeys Master Plan by
reference into the Comprehensive Plan. The intent of the County's Livable CommuniKeys Plans is to
contain framework for future development and redevelopment based on the applicable community
character and environmental conditions.
1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES
IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN.
Not Applicable.
2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS
OF LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
March 20, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and Development
107 East Madison Street
Tallahassee, Florida 32399-4120
Dear Mr. Eubanks:
Subject: Monroe County, Amendment #12-2ACSC
Comments on Proposed Comprehensive Plan Amendment
3-2(- I Z.
The South Florida Water Management District (District) has completed its review of the
proposed amendment package submitted by Monroe County (County). The
amendment package consists of seven text and map amendments to update the
Comprehensive Plan. There appear to be no regionally significant water resource
issues; therefore, the District forwards no comments on the proposed amendment
package.
The District offers its technical assistance to the County, the Florida Keys Aqueduct
Authority, and the Department of Economic Opportunity in developing sound,
sustainable solutions to meet'the County's future water supply needs and to protect the
region's water resources. Once the amendment is adopted, please forward a copy to
the District. For assistance or additional information, please contact Terry Manning,
Policy and Planning Analyst, at (561) 682-6779 or tmanninsfwmd aov.
Sincerely,
Rod A. Braun
Director
Office of Intergovernmental Programs
RB/tm
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Rachel Kalin, SFRPC
3301 Gun Chub Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.sfwnid.gov
Florida Department o Rick irric,
Protection
Fnvironmenta Protection JeRiniferCarroli
Magofy Stcne mw Douglas Buildinq LC. Gbve mor
3%D Commonwealth Bost f=vard'
Tallahassee Ftcrida 32399-3000 T. Vinyard, Jr.
secretary
April 5, 2012.
Mr. Ray Eubanks
Plan Review Administrator 1
Department of Economic Opportunity
Bureau of Community Planning
Caldwell Building
107 East Madison Street MSC 160
Tallahassee, FL 32399-6545
Re: Monroe County 12-2ACSC Proposed; Comprehensive Plan Amendment
Review
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment proposal under
the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed
review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands and other surface waters of the
state; federal and state-owned lands and interest in lands, including state parks,
greenways and trails, conservation easements; solid waste; water and wastewater
treatment; and, where applicable, the Everglades ecosystem.
Based on our review of the proposed amendment, the Department has found no provision
that requires comment under laws that form the basis of the Department's jurisdiction.
Thank you for the opportunity to comment on the proposed amendment package. Should
you have any questions or require further assistance, please call me at (850) 245-2169.
Sincerely,
Chris Stahl
Office of Intergovernmental Programs
YYFw", (z u's
RICK SCOTT
GOVERNOR
.Florida Department of Trailtsportation
1000 NW 111 Avenue
Miami, Florida 33172-5800
April 3, 2012
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
ANANTH PRASAA, P.E.
SECRETARY
L\W v--
Subject: Comments for the Proposed Comprehensive Plan Amendment,
Monroe County, #12-2ACSC
Dear Mr. Eubanks:
The Florida, Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Plan Amendment, Monroe County, #12-2ACSC. The
District reviewed the amendment package per Chapter 163 Florida Statutes and
found that one of the proposed amendments has the potential to adversely impact
transportation resources and facilities of state importance. Below are general
planning comments for the County's consideration. Please contact Ken Jeffries at
305-470-5445 if you have any questions concerning our response.
• FDOT advises the County to provide data and analysis for the potential
impacts of Resolution Number 025-2012 on State roadways. Specifically, the
potential for Mixed Use/Commercial properties to rezone to Maritime
Industries and develop at a higher intensity should be analyzed.
• Alternatively, if the County does not wish to increase the potential amount of
development allowed under Mixed Use/Commercial, it is recommended that
the County limit the maximum intensity of development under Mixed
Use/Commercial to 0.45 FAR (the existing maximum intensity) for all zoning
designations.
Sincerely,
� L.r
Phil Steinmiller
District Planning Manager
.. ...... A-4 -&-L- LI .. -
April 3, 2012
Page 2 of 2
Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Christine Hurley, Monroe County
Mayte Santamaria, Monroe County