§ 1.0. INTRODUCTION AND BACKGROUND
Introduction:
Monroe County includes the Mainland area and over 1,700 islands which lie along the Florida Straits, dividing the Atlantic Ocean to the east from the Gulf of Mexico to the west, and defining one edge of the Florida Bay. The mainland part of the County is made up of the Everglades National Park and the southern portion of Big Cypress National Preserve. The Florida Keys extend 233 miles southwestward in a gradual arc from Biscayne Bay to the Dry Tortugas in the Gulf of Mexico.
The Florida Keys, that are within Monroe County, are a chain of islands connected by 112 miles of US Highway 1, extending from Key Largo to Key West, representing the most southerly point of the continental United States. The surrounding water is designated as an Outstanding Florida Water and includes the Florida Keys National Marine Sanctuary, the second largest marine sanctuary in the United States.
As low lying islands (90 percent of the land mass is at five feet above sea level or less), the Florida Keys are particularly vulnerable to the impacts of sea level rise and storm surge. The tide gauge at Key West has been measuring sea levels since 1846; it shows the sea level rose 9 inches (22 cm) in Key West during the last 100 years.
The regional and statewide resources of the Florida Keys prompted its designation by the Administration Commission as an Area of Critical State Concern in December, 1975 and the Florida Legislature in 1979 (Section 380.0552, F.S.). The Florida Keys are the location of North America's only coral reef and the third largest coral reef system in the world. The Keys are also home to over 30 species of threatened and endangered species and is one of the most ecologically diverse ecosystems in the United States. The designation is intended to protect environmental or natural resources of regional or statewide importance, the historical or archaeological resources and the major public facilities and area of major public investment.
Federal and State government involvement in Monroe County (the "County") land use planning and decision-making is extensive due to the presence of these aquatic and terrestrial resources that are of regional and national significance. This involvement has heavily influenced the County's comprehensive planning process. Many of the County's goals, objectives, and policies have been mandated by the State pursuant to the Area of Critical State Concern designation.
a.
Florida Statutes:
In addition to those regulatory requirements established within Chapter 163, F.S., all planning and development within the Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles for Guiding Development. These statutory requirements, cited below, were adopted by the Florida Legislature and are specific for the Florida Keys area.
380.0552(7), F.S. - PRINCIPLES FOR GUIDING DEVELOPMENT.
State, regional, and local agencies and units of government in the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for guiding development as specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, which is adopted and incorporated herein by reference. For the purposes of reviewing the 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 specific provisions may not be construed or applied in isolation from the other provisions. However, the principles for guiding development are repealed 18 months from July 1, 1986. After repeal, any plan amendments must be consistent with the following principles:
(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 Sections 381.0065(4)(l) and 403.086(10) F.S., 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.
(l)
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 post disaster 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.
b.
Rule 28.20-100 F.A.C. - The Florida Keys Carrying Capacity Study and Work Program:
In 1996, the Governor issued Rule 28.20-100 (the "Rule"), a five-year work program for Monroe County (Florida Administration Commission Rule 28.20-100, 1996). The Rule required the completion of the Florida Keys Carrying Capacity Study (FKCCS) and its companion, the Carrying Capacity Impact Analysis Model (CCIAM). According to the Rule, the CCIAM was to be designed "... to determine the ability of the Florida Keys ecosystem and the various segments thereof, to withstand all impacts of additional land development activities." The U.S. Army Corps of Engineers and the Florida Department of Community Affairs (currently, the State Land Planning Agency) jointly sponsored the development of the FKCCS.
The FKCCS provided four main guidelines for future development in the Florida Keys:
1.
Prevent encroachment into native habitat. A wealth of evidence shows that terrestrial habitats and species have been severely affected by development and further impacts would only exacerbate an already untenable condition.
2.
Continue and intensify existing programs. Many initiatives to improve environmental conditions and quality of life exist in the Florida Keys. They include land acquisition programs, the wastewater and stormwater master plans, ongoing research and management activities in the Florida Keys National Marine Sanctuary, and restoration.
3.
If further development is to occur, focus on redevelopment and infill. Opportunities for additional growth with small, potentially acceptable, additional environmental impacts may occur in areas ripe for redevelopment or already disturbed.
4.
Increase efforts to manage the resources. Habitat management efforts in the Keys could increase to effectively preserve and improve the ecological values of remaining terrestrial ecosystems. efforts throughout the Keys.
In 2001, the National Research Council (NRC) conducted a review of the CCIAM; the report: Florida Keys Carrying Capacity Study: Test Carrying Capacity Analysis Model, First Draft. The NRC noted that, "...the Committee does not believe that the current version of the CCAM is ready to be used 'as an impact assessment tool to support regional land use policy decisions' or to provide 'an effective framework to determine whether scenarios fall within the carrying capacity of the Florida Keys, determined by a set of ecological, socioeconomic, and human infrastructure thresholds and criteria.'
However, the NRC report concluded that several of the modules can be used in their current state, or with moderate revisions, as tools to, "...help assess a limited set of environmental, socioeconomic, fiscal, and infrastructure impacts of land use change in the Florida Keys." The report noted that for the Terrestrial Module, "...issues of terrestrial habitat and species richness appear to be reasonably well addressed..." As stated in the Final Report of the Florida Keys Carrying Capacity Study Implementation - Rule 28-20 Work Group, (2003) , "...the terrestrial portion of the CCIAM was able to provide valid analyses and conclusions with respect to upland habitat. Science can forecast from previous data what the impacts of a trend would be into the future should things continue as they currently are and historically have been." Habitat fragmentation was clearly identified as a concern and concluded that, "Any further development in the Florida Keys would exacerbate secondary and indirect impacts to remaining habitat."
The FKCCS noted the critical importance of preventing further destruction of terrestrial habitats, stating, "Any further encroachment into areas dominated by native vegetation would exacerbate habitat loss and fragmentation", and concluded, "Development in the Florida Keys has surpassed the carrying capacity of upland habitats to maintain their ecological integrity." The FKCCS also recommended the County continue its land acquisition and restoration programs and suggested the following actions to guide future development:
1.
"Prevent encroachment into native habitat.
2.
Continue and intensify existing land acquisition programs, wastewater management, and restoration efforts.
3.
If further development is to occur, focus on redevelopment and infill.
4.
Increase efforts to manage the resources to effectively preserve and improve the ecological values of the remaining terrestrial ecosystems."
The FKCCS included specific implementation strategies such as, establishing a development allocation system that protects the "unique character of the Florida Keys", directs new development to areas with existing or planned wastewater systems, focuses upon infill and redevelopment, and ensures that the "...population should not exceed the ability of the community to have reasonable safety in the event of a major hurricane."
Over the years, the Rule has been amended (assigning new numbering each time) to recognize the progress made toward implementation of the tasks included within the initial Work Program. Currently, the tasks within Rule 28-20.140, F.A.C., focus upon continued implementation of the recommendations within the Carrying Capacity Study, and completion of Wastewater and Stormwater projects. In addition to the Work Program, the State has adopted reporting requirements for the County. Beginning November 30, 2011, Monroe County and the State Land Planning Agency annually reports to the Administration Commission (Commission) documenting the degree to which the work program objectives for the work program year have been achieved. The Commission considers the findings and recommendations provided in those reports and determines whether progress has been achieved.
Below are the Work Program tasks, as cited directly from the current (July, 2014) Rule:
WORK PROGRAM.
(a)
Carrying Capacity Study Implementation.
1.
By July 1, 2012, 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.
2.
By July 1, 2012, 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, 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, Monroe County shall create Objective 106.1 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, Monroe County shall adopt Policy 106.1.1 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, Monroe County shall adopt Policy 106.1.2 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 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, 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, 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, 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, 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, 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, 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, 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 December 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 treatment and disposal standards.
3.
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.
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.
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.
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.
7.
By December 1, 2013, 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.
(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, Monroe County shall complete construction of the South Transmission Line;
b.
By July 1, 2013, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J, and K;
c.
By July 1, 2012, Monroe County shall complete construction of Collection basins E-H;
d.
By December 1, 2011, Monroe County shall schedule construction of Collection basins I-K;
e.
By July 1, 2011, Monroe County shall complete construction of Collection basins I-K;
f.
By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP;
g.
By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP;
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, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and collection system;
b.
By July 1, 2013, Monroe County shall complete construction of Duck Key collection system;
c.
By July 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP;
d.
By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Cay WWTP;
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;
b.
By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main;
c.
By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main;
d.
By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System and Transmission Main;
e.
By February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission main;
f.
By July 1, 2014, Monroe County shall initiate property connections - complete 25% of hook-ups to Cudjoe Regional WWTP;
g.
By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and
h.
By December 1, 2015, Monroe County shall complete remaining hook-ups 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 complete Card Sound Road stormwater improvements.
Background:
The Monroe County Year 2030 Comprehensive Plan is divided into three volumes: a Technical Document (data and analysis), Policy Document (Comprehensive Plan), and Map Atlas.
Technical Document: The 2030 Technical Document is intended to address the data, inventory, and analyses requirements of Chapter 163, Florida Statutes (F.S.). The data, inventory and analyses contained within the Technical document supports the development of goals, objectives, policies, and implementation programs established in the Policy Document component of the Monroe County 2030 Monroe County Comprehensive Plan. The Technical Document contains background information including the technical support data and analyses for the various elements of the plan.
Comprehensive Plan: The Policy Document contains the goals, objectives and policies for each element, the capital improvements implementation program, and the Comprehensive Plan monitoring and evaluation procedures.
Map Atlas: Section 163.3177 F.S. establishes the minimum required maps:
Map Series 2-1 (Existing Land Use)
Map Series 2-3 (Future Land Use)
Map Series 3-1 (Soils)
Map Series 3-2 (Flood Zone)
Map Series 3-3 (Terrestrial Habitat)
Map Series 3-7 (Coastal High Hazard Area)
Map Series 4-1 (Road System)
Map Series 4-2 (Roadway Functional Classification)
Map Series 4-3 (Number of Through Lanes)
Map Series 4-4 (Roadway Level of Service)
Map Series 8-1 (Facilities Service Area - Potable Water)
Additionally, the Map Atlas contains maps depicting other background information for the various elements.
In accordance with the requirements of Chapter 163, F. S., Part II, the Policy Document contains the following sections of the Comprehensive Plan adopted by the Board of County Commissioners (BOCC):
1.
The Goals, Objectives and Policies of the plan, as well as the requirements for capital improvements implementation, including the Five-Year Schedule of Capital Improvements, contained in Chapter 3.0;
2.
The procedures for monitoring and evaluation of the plan, contained in Chapter 4.0;
3.
The procedures for public participation and comment on the comprehensive planning process, contained in Chapter 5.0; and
4.
The map series included in the Map Atlas which depicts future conditions in Monroe County: Future Land Use and Future Transportation also require adoption by the BOCC. [The remainder of the map series contained in the Map Atlas and the background data and analyses contained in the Technical Document do not require adoption by the BOCC.]
The Goals, Objectives and Policies contained in Chapter 3.0 are the primary mechanism for implementation of the Comprehensive Plan. Goals, Objectives and Policies are presented for the following elements:
1.
Future Land Use
2.
Conservation and Coastal Management
3.
Traffic Circulation
4.
Mass Transit
5.
Ports, Aviation and Related Facilities
6.
Housing
7.
Potable Water
8.
Solid Waste
9.
Sanitary Sewer
10.
Drainage
11.
Natural Groundwater Aquifer Recharge
12.
Recreation and Open Space
13.
Intergovernmental Coordination
14.
Capital Improvements
15.
Energy and Climate