Resolution 328-1984
Mark L. Robertson, Biologist
Contract Administrator
RESOLUTION NO. 328 -1984
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY. FLORIDA, TO EXECUTE A SECOND
AMENDMENT TO AGREEMENT TO DEVELOP A COASTAL
ZONE IMPLEMENTATION PLAN FOR THE KEYS BY AND
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION AND MONROE COUNTY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County. Florida, be and is hereby authorized to
execute a Second Amendment to Agreement to develop a Coastal Zone
Implementation Plan for the Keys by and between the State of
Florida Department of Environmental Regulation and Monroe County.
a copy of which is attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County. Florida, at a regular meeting of said Board held
on the J~~n day of November, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONRO /COUNTY, FLORIDA
/
By
( Seal)
AttestPANNY L. KOLHAGE, Clerk
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SECOND ~~ENDMENT TO AGREEMENT
TO DEVELOP A COASTAL ZONE IMPLEMENTATION PLAN FOR THE KEYS
This amendment is entered into between the State of Florida Department
of Environmental Regulation and Monroe County (hereinafter called DER and
County resspectively), witnesseth:
WHEREAS, the State of Florida Department of Community Affairs
(hereinafter called DCA) is providing the County with state funds to revise
the County's comprehensive plan and associated ordinances; and,
WHEREAS, Article 10 of the agreement between DER and the County
forbids the use of federal funds to supplant state or local funds available
~
for the same work; and,
WHEREAS, recent action by the Governor and Cabinet in adopting the
Principles for Guiding Development in the Keys has made it apparent that
certain activities originally included in the agreement between DER and the
County would duplicate activities funded by DCA; and,
WHEREAS, funds under the existing agreement between DER and the County
can effectively be utilized, in their entirety, to develop the data base
necessary to revise or develop environmental ordinances.
WHEREAS, both parties are agreeable to an amendment.
NOW, THEREFORE, the County and DER agree that ATTACHMENT A.1 is
revised as follows:
Task I - Items (2) through (5) are deleted.
Task II (5) - is revised to read; "Draft the memorandums of
understanding or initiate other inter-agency cooperative mechanisms, which may
not require legal review and form;'!.l adoption."
Task III - Items 8(2), 8(3) (b)-(e), and 8(5) are deleted.
Task IV - Items 8(4) through 8(7) are deleted.
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All other terms and conditions remain the same.
IN WITNESS WHEREFOF, the County and DER hereby execute this amendment
on this 2r5~ day of ~~ , 1984.
MONROE COUNTI
FEID No. 59-6000749
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
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BACKGROUND
The rapid development in the Florida Keys has, over the past several years,
revealed deficiencies in both the local comprehensive plan and development
regulations utilized to implement that plan. Inadequate control of de-
struction of natural vegetation, improper handling of stormwater and the
absence of any provisions for managing freshwater wetlands are just a few
of the deficiencies that are needing to be addressed.
Additionally, the current County Plans and Regulations inadequately address
many of the issues delineated by the Florida Keys Resource Planning and
Management Committee. Continued neglect of these issues will result in
further deterioration of the natural environment and the accelerated loss
of wetlands as well as remaining tracts of prime upland hammock vegetation.
It is imperative that Monroe County review and initiate regulatory procedures
to preserve areas of prime upland and wetland vegetation. Furthermore, it
is necessary that these activities be closely coordinated with comprehensive
plan revisions already underway. This proposal is a means of providinq the
necessary environmental analysis and development regulations that can be
coordinated and referenced to goals and policies currently being developed
in various elements of the Comprehensive Plan.
OBJECTIVE
The proposed activities under this project have two (2) objectives:
1) Development of Memorandums of Understanding
with public and quasi-public agencies
affecting the rate and location of develop-
ment in the Florida Keys.
2) Development of revisions to existing
County ordinances as well as new ordin-
ance proposals to mitigate known de-
ficiencies in the County regulations.
Both of these objectives will be coordinated with the revision of the County's
Comprehensive Plan to provide a unified approach to environmental and Land
Use Planning problems in the Florida Keys.
(1)
TASK I
Revisions to the Coastal Zone Protection and Conservation Element (CZP & CE)
of the Monroe Comprehensive Plan.
Eventually, a total review of the CZP & CE will be necessary. However,
this task is beyond the scope of the FDER grant. Therefore, only
selected items will be revised, that can be accomplished within the
framwork of this grant. These include:
(1) Updating maps showing known habitats of species
listed as "Endangered" by the State of Florida
and the Federal Government. Some of this
information is available in the SFRPC oil
Spill Sensitivity Atlas. These endangered
species maps can also be coordinated with
the development of the Monroe County Land
Use Plan Map.
(2) Revision of management policies for these
areas.
(3) Revision of management policies for generic
and site-specific "Areas of Particular Concern".
(4) Development of Freshwater Wetlands Ordinance,
as mandated in CZP & CE (see Task III for
elaboration) .
(5) Inclusion of any relevant recommendations from
TAC.
TASK II
Develop inter-agency Memorandums of Understanding between Monroe County and
various public and quasi public agencies affecting the rate and location of
development in the Florida Keys.
(1) Identify the agencies with which cooperative
agreements are to be developed. These
include but are not limited to:
A) Department of Environmental
Regulation
B) Department of Transportation
C) Department of Natural Resources
D) Florida Keys Aqueduct Authority
E) Monroe County Health Department
F) Department of Health and
Rehabilitative Services
G) Monroe County Mosquito Control
District
(2)
(2) Review and identify issue areas requiring inter-
agency cooperation.
..
(3) Review and identify the administrative level
at which the inter-agency linkage shall be
effected.
(4) Ascertain what, if any, legal basis there is to
require inter-agency cooperation.
(5) Draft the Memorandums of Understanding.
(6) Submit for legal review.
(7) Initiate adoption process
TASK III - ORDINANCE REVIEW AND DEVELOPMENT
A. Statement of Goals
County staff has identified specific gaps in existing environmental
ordinances. The goal of this task is to development ordinance
revisions to correct these gaps.
B. Specific deficiencies in existing code.
(1) Trees and Vegetation (Chapter 18, Monroe County
Code) .
(a) Make any required changes to ordinance
proposed by TAC.
(b) Submit for legal review.
(c) Initiate adoption procedure.
(2) Shoreline Protection Zone (Chapter 4, Monroe
County Code).
(a) Review TAC recommendations, review
model ordinance from City of Holly-
wood, review other appropriate local
mangrove/wetlands ordinances.
(b) Make appropriate revisions to existing
ordinances.
(c) Submit for legal review.
(d) Initiate adoption procedure.
(3) Freshwater wetlands.
(a) Develop a list of "indicator species"
that will suitably define freshwater
wetlands in the Florida Keys.
(3)
(b) Re-write Section 19-111(a), Monroe
County Code, to include freshwater
wetland species in definition of
wetlands. Rewrite any other parts
of 19-111 as required, to include
freshwater wetlands.
(c) Re-write permit review procedures
to more clearly specify consideration
for biological/environmental functions
of all wetlands.
(d) Submit for legal review.
(e) Initiate adoption procedures.
(4) Mangrove Trimming
(a) Determine legality of making mangrove
trimming an explicitly permittab1e
activity, based on existing guidelines
in County Code (Chapter 4) and mangrove/
wetlands protection in the CZP & CEo
(b) Obtain an existing scientific data
concerning the effects of trimming on
the ecological functions of mangroves;
identify gaps in literature on this
subject.
(c) Obtain ordinances from other Florida
localities on mangrove trimming.
(d) Combine information from (a), (b)
and (c) to determine advisability
of mangrove trimming ordinance for
Monroe County.
(e) If appropriate, write ordinance.
(f) Submit for legal review.
(g) Initiate adoption procedure.
(5) Stormwater Management
(a) Current County Ordinances are deficient:
Section 19-151
Section 17-54(c)
Section 17-80
(b) Coordinate with SFWMD: Any development
under a certain area does not require a
SFWMD permit (at present, the cut-off
for SFWMD is not available) .
The County's stormwater ordinance should
fill this void in a manner analogous to
the fashion in which the County's Major
Development ordinance compliments the
Florida DRI Ordinance (Chapter 380,
Florida Statutes).
( 4)
(c) Obtain and review stormwater ordinances
from other Florida localities.
(d) Write County ordinance, including pro-
visions to amend Sections 19-196 through
19-219, Section 19-233, Monroe County
Code, to reference stormwater ordinance.
The contents of proposed ordinance can
be coordinated with any findings of the
DER 205 J Marathon water quality study.
(e) Submit for legal review
(f) Initiate adoption procedures
TASK IV - DEVELOPMENT OF QUANTITATIVE STANDARDS FOR SITE DEVELOPMENT
A. Statement of Problem and Goal
The Monroe County Major Development Ordinance, (Article VII,
Chapter 6, Monroe County Code) does not specify clear criteria
that aid developers and County personnel in designing develop-
ments that are compatible with the existing environmental
conditions of a site. The goal of this task is to devise a
quantitative system that will identify specific zones on a
given site that are suitable for development or preservation,
and will aid in decisions concerning what type of development
is suitable for a given site.
B. Procedures
(1) Obtain criteria formats from other localities
and RPC's.
(2) Determine environmental criteria that should
be evaluated during review of site development
in Florida Keys (e.g., vegetative types,
measures of vegetative community quality,
, alterations, presence of endangered species, etc.).
(3) Develop draft of quantitative format for
performance standards.
(4) Workshop: Further development of (3).
Workshop to include County biologists and
planners, local DER and ACOE biologists,
private planners and consultants with
local experience.
(5) Write proposed revision to Major Develop-
ment Ordinance that empowers Planning
Department to set guidelines, finalize
these guidelines as product of (4).
( 5)
(6) Submit for legal review
(7) Initiate adoption procedures.
TASK V - CORAL REEF TRACT LITERATURE REVIEW
If time and funding is available, the County will undertake a literature
search and review on the status of the Florida Keys Coral Reef tract.
(1) Identify specific topic areas to be considered
in the literature review.
(2) Develop a listing of government and educational
institutions having applicable data on the
Florida Keys Coral Reef Tract.
(3) Collect and analyze information received from
identified data sources
(4) Develop a report identifying preliminary findings
of the literature review.
(a) Identify topics for further study.
(b) Seek out funding to undertake
more detailed analysis if applicable.
TASK VI
Coordinate project activities with planning projects being developed in
association with the Department of Community Affairs under Chapter 163
of the Florida Statutes.
(1) Incorporate proposed ordinance revisions by
reference into the revised Comprehensive Plan.
(2) Utilize Memorandum of Understanding developed
by this proposal to obtain information neces-
sary for plan revisions.
(3) Coordinate activities with the Department of
Environmental Regulation water quality monitoring
project in Marathon, Florida.
(6 )