Rule No. : RULE TITLE :
28-20.140: Comprehensive Plan
28-20.140 Comprehensive Plan.
(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to read as follows:
(2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit Allocation System shall supersede Policy 101.2.1.
(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year’s ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve-month period beginning on July 13.
(c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the critical areas.
(d) Allocations and permits to construct a new development or redevelopment that requires a modification or a repair to the onsite sewage treatment and disposal system, per Section 381.0065(4), F.S. and subsection 64E-6.001(4), F.A.C., shall not be issued unless the unit is connected to or will be connected to a central sewer system that has committed funding, a construction permit from the Department of Environmental Protection and the collection system is physically under construction or the unit has an onsite sewage treatment and disposal system that meets the treatment and disposal requirements of Section 381.0065(4), F.S.
(d)(e) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served or that would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements element approved by the Department of Community Affairs a construction permit from the Department of Environmental Protection and is physically under construction. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant’s score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of s. 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction design permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.
(3) Reporting and Oversight.
(a)(f) Beginning November 30, 2011, Monroe County and 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 progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by at least 20 percent for the following ROGO year.
(b)(g) If the Commission determines that progress has been made for the work program year, then the Commission may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO year.
(c)(h) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.
(d)(i) Wastewater treatment and disposal in Monroe County is governed by the requirements of Section 381.0065(4), F.S., and Section 403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the Department of Health to enforce Section 381.0065(4), F.S., and Section 403.086(10), F.S.
(4)(3) Policy 216.1.19. Hurricane Modeling.
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event to evacuate during a Category C-E event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City.
(5)(4) WORK PROGRAM. Local government annual tasks to achieve progress are the remaining tasks of the Work Program that originate from Rule 28-20.110, F.A.C. Hurricane Evacuation tasks from Year 8, Task Q of the Work Program in Rules 28-20.110, and 28-20.140,, F.A.C. Carrying Capacity & Habitat Protection tasks from Year 6, Task C; and Year 8, Task F of the Work Program in Rule 28-20.110, F.A.C. Wastewater tasks from Year 4, Task A; Year 6, Task A; Year 7, Task A; Year 9 Tasks A and B; and Year 10, Tasks A, B, C, D, and E of the Work Program in Rule 28-20.110, F.A.C. Water Quality tasks from Year 8, Task M of the Work Program in Rule 28-20.110, F.A.C.
(a) Carrying Capacity Study Implementation.
1. By July 1, 2012 2011, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries, into the Comprehensive Plan.
2. By July 1, 2012 2011, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying Capacity Study, utilizing the updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work Group.
3. By July 1, 2012 2011, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110 F.A.C., and to establish objectives to develop a build-out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan.
4. By July 1, 2012 2011, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee.Work Group.
5. By July 1, 2012 2011, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines.
6. By July 1, 2012 2011, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review Committee to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall be recommended during 2009 and subsequently coincide with the Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and appraisal report submitted following the 2011 evaluation and appraisal report shall also include an analysis and recommendations based upon the process described above.
7. By July 1, 2012 2011 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority.
8. By July 1, 2012 2011, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county, state or federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief.
9. By July 1, 2012 2011, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density/intensity.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and apply annually to at least one state or federal land acquisition grant program.
11. By July 1, 2012 2011, Monroe County shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, 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 the Department to accurately depict evacuation clearance times for the population of the Florida Keys.
12. By July 1, 2012 2011, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality in the Keys.
13. By July 1, 2012 2011, the County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
14. By July 1, 2012 2011, 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 rule making to the Administration Commission.
15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission.
(b) Wastewater Implementation.
1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By July 1, 2011, Monroe County shall provide a final determination of cold spots and unfunded service areas requiring upgrade to meet Section 403.086(10) and 381.0065(4)(l), F.S., wastewater treatment and disposal standards. The determination shall be adopted by resolution and shall include a map delineating the non-service areas.
2.3. By December August 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems throughout the County and the Department of Health (DOH) and the Department of Environmental Protection (DEP) to fulfill the requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(l), F.S., regarding implementation of wastewater treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 advanced wastewater treatment and disposal standards.
4. By August 1, 2011, Monroe County shall adopt an ordinance establishing the upgrade program with implementation dates, time frames, and enforcement for upgrading on-site systems and package plants.
3.5. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of $50 million of the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for the construction of wastewater projects within the Florida Keys.
4.6. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish the County’s annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions associated with bonds.
5.7. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal grant program for wastewater projects and connections.
6.8. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities.
9. By July 1, 2011, Monroe County shall, identify by County resolution the areas of the County that will be served by central sewage facilities (“service areas”) and the areas of the County that will not be served by central sewage facilities (“non-service areas”). The non service areas shall be delineated in the form of a map.
10. By July 1, 2013, the Department of Health, Monroe County, and the County’s wastewater provider shall develop and execute an interlocal agreement for non-service areas and unfunded service areas. The agreement shall address mechanisms for the FKAA or other appropriate entity to provide upgrades and central management of onsite sewage treatment and disposal systems located in non-service areas and unfunded service areas. The Department of Health and the Department of Environmental Protection will provide an report to the Department of Community Affairs no later than July 1, 2013, assessing the magnitude of non-compliance and enforcement mechanisms necessary to ensure upgrades of wastewater treatment facilities in accordance with Section 403.086(10) and 381.0065(4), F.S.
7.11. By December 1, 2013, July 1, 2013, and each July thereafter the County shall provide a report of addresses and the property appraiser’s parcel numbers of any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County Health Department, Department of Environmental Protection, and the Department of Community Affairs. This report shall describe the status of the County’s enforcement action and provide the circumstances of why enforcement may or may not have been initiated. The Monroe County Department of Health and Department of Community Affairs may proceed with enforcement as necessary and appropriate.
(c) Wastewater Project Implementation.
1. Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a. By July 1, 2012 2011, Monroe County shall complete construction of the South Transmission Line; and
b. By July 1, 2013 2011, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J, and K; and
c. By July 1, 2012 2011, Monroe County shall complete construction of Collection basins E-H; and
d. By December July 1, 2011, Monroe County shall schedule construction of Collection basins I-K; and
e. By July 1, 2011, Monroe County shall complete construction of Collection basins I-K; and
f. By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP; and
g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP; and.
h. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP.
2. Hawk’s Cay, Duck Key and Conch Key Wastewater Treatment Facility.
a. By July 1, 2012 2011, Monroe County shall complete construction of Hawk’s Cay WWTP upgrade/expansion, transmission, and collection system; and
b. By July 1, 2013 2011, Monroe County shall complete construction of Duck Key collection system; and
c. By July 1, 2012 2011, Monroe County shall initiate property connections to Hawk’s Cay WWTP; and
d. By December July 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk’s Cay WWTP; and
e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk’s Cay WWTP; and
f. By July 1, 2014, Monroe County shall complete all remaining connections to Hawk’s Cay WWTP.
3. South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System).
a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and
b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4. Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility the Central Area (Cudjoe, Summerland, Upper Sugarloaf) collection system and the Central Area Transmission Main; for Phases 1 and 2 (WWTP; transmission main and collection system); and
b. By October July 1, 2012, Monroe County shall initiate complete construction of Wastewater Treatment Facility, Central Area collection System and Central Area Transmission Main; Plant Phase 1 and collection systems (Phase 1 is the initial WWTP construction to treat flows from a central collection area); anda.
c. By July 1, 2014 2012 Monroe County shall complete construction of Wastewater Treatment Facility, Central Area collection System and Central Area Transmission Main; Plant Phase 2 (Phase 2 is the planned WWTP expansion to provide additional capacity to treat flows from the expanded collection area); and
d. By February 1, 2012 July 1, 2013 Monroe County shall initiate complete construction of Wastewater Treatment Outer Area Collection System and Transmission Main; Plant Phase 2 Expansion; and
e. By July 1, 2013 February 1, 2015, Monroe County shall complete construction of Outer Area central collection lines and transmission main; and
f. By July 1, 2014 2013, Monroe County shall initiate property connections – complete 25% of hook-ups to Cudjoe Regional WWTP; and
g. By July 1, 2015 2012, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and
h. By December 1, 2015 July 1, 2014, Monroe County shall complete remaining 75% of hook-ups to Cudjoe Regional WWTP.; and
i. By January 1, 2015, Monroe County shall complete all remaining connections to Cudjoe Regional WWTP.
(d) Stormwater Treatment Facilities.
1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District.
3. By July 1, 2011, Monroe County shall design and construct Mile Marker 17-19 stormwater runoff management improvements along U.S. Highway One through Joint Participation Agreement with FDOT.
3.4. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements.
Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New_______.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGES IS: Barbara Powell, Community Planner, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida, telephone (850)922-1782