28-18.100: Purpose and Effect
28-18.300: Work Program Administration
28-18.400: Comprehensive Plan
PURPOSE AND EFFECT: Proposal to adopt new rules for the City of Marathon Purpose and Effect, Work Program Administration and Comprehensive Plan to implement the Section 380.0552(4), Florida Statutes, annual reporting requirement to the Administration Commission describing the progress of the City of Marathon in accomplishing the remaining tasks under the Work Program as set forth in Rule 28-20.110, F.A.C, that are necessary prior to the removal of the Florida Keys Area of Critical State Concern designation
SUMMARY: The proposed rules for the City of Marathon Comprehensive Plan identify the individual Work Program tasks set forth in Rule 28-20.110, F.A.C., and the completion dates of the Work Program tasks necessary for consideration by the Administration Commission prior to Removal of the Area of Critical State Concern Designation. As required by Section 380.0552(4), Florida Statutes, the Work Program tasks specified in Administration Commission rules must be reported annually. The protection of the natural environment of the Florida Keys, and the identification of and progress in accomplishing the tasks under Work Program (as set out in Rule 28-20.110, F.A.C.) is reported to the Department of Community Affairs for the preparation of a written annual report to the Administration Commission. The Work Program tasks include the continued implementation of the Wastewater Master Plan and the construction of wastewater treatment and collection facilities; the continued implementation of the Florida Keys Carrying Capacity Study; the identification and completion of stormwater projects; and the analysis of hurricane evacuation issues in the Florida Keys. As noted below, the rule numbers for Work Program Administration and Comprehensive Plan have been changed (28-18.200 changed to 28-18.300; 28-18.300 changed to 28-18.400).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs has been prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 380.0552(9), 380.05(22) FS.
LAW IMPLEMENTED: 380.0552 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 10, 2011, 10:00 a.m.
PLACE: Department of Community Affairs, 2555 Shumard Oak Boulevard, Room 305, Tallahassee, Florida 32399-2100
A SECOND POST LEGISLATIVE RATIFICATION HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW.
DATE AND TIME: May 17, 2011, 9:00 a.m.
PLACE: Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone (850)922-1782. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Telephone (850)922-1782
THE FULL TEXT OF THE PROPOSED RULE IS:
28-18.100 Purpose and Effect.
(1) The purpose of this Chapter is to amend the Comprehensive Plan of the City of Marathon, effective date of May 5, 2005, within the Florida Keys Area of Critical State Concern, pursuant to Section 380.0552(9), F.S. In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth in a separate rule section. If any provision of the comprehensive plan is amended by two rule sections, the latest amendment shall control.
(2) As provided in Sections 380.05(10) and 380.0552(7), F.S., the Comprehensive Plan of the City of Marathon adopted herein shall be superseded by amendments which are proposed by Marathon and approved by the Department of Community Affairs pursuant to Sections 380.05(6) and 380.0552(9), F.S.
Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. HistoryNew_________.
28-18.300 Work Program Administration.
[THIS WAS PREVIOUSLY ADVERTISED IN THE FAW (RULE DEVELOPMENT) AS 28-18.200.]
(1) Pursuant to Section 380.0552(4) paragraph (b), the Department of Community Affairs (Department) shall submit a written annual report to the Administration Commission on November 30, 2011 and each year thereafter, until such time as the designation is removed, describing the progress of the Florida Keys Area toward accomplishing remaining tasks under the work program (as set out in Rule 28-20.110, F.A.C. and Rule 28-18.400, F.A.C.), and providing a recommendation as to whether progress toward accomplishing the tasks of the work program has been achieved.
(2) The Department of Community Affairs shall recommend to the Administration Commission the removal of designation when the removal of designation criteria of Section 380.0552(4), F.S., is achieved.
(3) For tasks in the work program related to water quality, the Department of Community Affairs shall request assistance from appropriate federal, state, regional, and local agencies and request to contribute any relevant data, analysis and recommendations, and take an active role in assisting the City in completing the task. Each agency shall prepare a section to be included in the Departments reports which indicates the agencys actions relative to the work program. The Department of Community Affairs shall specifically request that the Florida Keys National Marine Sanctuary Water Quality Protection Program Steering Committee (Water Quality Steering Committee) take an active role to allocate funding or provide staff to monitor nearshore waters, as necessary, for nutrient reductions.
Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. HistoryNew________.
28-18.400 Comprehensive Plan.
[THIS WAS PREVIOUSLY ADVERTISED IN THE FAW (RULE DEVELOPMENT) AS 28-18.300.]
(1) The Comprehensive Plan of the City of Marathon, as the same exists on January 1, 2011, is hereby amended to read as follows:
(2) Policy 1-3.5.18 Marathon Work Program Conditions and Objectives.
(a) The number of allocations issued annually for residential development under the Residential Building Permit Allocation System (BPAS) shall not exceed a total annual unit cap of 30, plus any available unused BPAS allocations from a previous year. Unused BPAS allocations may be retained and made available only for affordable housing and Administrative Relief from BPAS year to BPAS year. Unused market rate allocations shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. This BPAS allocation represents the total number of allocations for development that may be issued during a year. A BPAS year means the twelve-month period beginning on July 13. Policy 1-3.5.18 supersedes Policy 1-3.5.2 of the City of Marathon Comprehensive Plan.
(b) 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.
(c) 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)(l) and Section 403.086(10), 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)(l) and Section 403.086(10), F.S.
(d) Through the Permit Allocation Systems, Marathon shall direct new growth and redevelopment to areas served by a central sewer system that has committed funding, 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, Marathon shall coordinate with the central wastewater facility provider and shall increase an applicants 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 Sections 381.0065(4)(l) and 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a design permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.
(e) Beginning November 30, 2011, Marathon 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 toward accomplishing the tasks of the work program. 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 year.
(f) If the Commission determines that progress has been made for the work program year, then the Commission shall restore the unit cap for residential development for the following year up to a maximum of 30 allocations per BPAS year.
(g) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.
(h) Wastewater treatment and disposal in Marathon is governed by the requirements of Sections 381.0065(4)(l) and 403.086(10), F.S., as amended. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or Department of Health to enforce Section 381.0065(4)(1) and 403.086(10), F.S., as amended.
(3) Policy 1-2.2.4 Hurricane Modeling.
For hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for the permanent population for a category C-E hurricane event. The termination point shall be the intersection of U.S. Highway One and the Florida turnpike in Homestead/Florida City.
(4) WORK PROGRAM. Local government annual tasks to achieve progress are the remaining tasks of the Work Program from Rule 28-20.110, F.A.C., and Rule 28-18.400, F.A.C. Hurricane Evacuation tasks from Year 8, Task Q of the Work Program in Rule 28-20.110, 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 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, 2011, Marathon shall adopt a Comprehensive Plan Policy 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 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 city, county, state or federal agency. Marathon 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.
2. By July 1, 2011, Marathon 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 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 city, county, state or federal agency.
3. By July 1, 2011, Marathon shall amend the Comprehensive Plan to limit allocations into high quality tropical hardwood hammock.
4. By July 1, 2011, Marathon shall amend the Land Development Regulations to limit allocations into high quality tropical hardwood hammock.
5. By July 1, 2011, Marathon shall adopt a Comprehensive Plan Policy discouraging private applications for future land use map amendments which increase allowable density/intensity on lands in the Florida Keys.
6. By July 1, 2011 and each July thereafter, Marathon 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.
7. By July 1, 2011, Marathon shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Monroe County, 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 of Community Affairs to accurately depict evacuation clearance times for the population of the Florida Keys.
8. By July 1, 2011, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding. Marathon 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 Business and Economic Research, and other studies). The City shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
9. By December 1, 2011, Marathon shall 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, Monroe County and each municipality in the Keys.
10. By December 1, 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 hurricane evacuation clearance time. If necessary, the Department of Community Affairs shall work with each local government to amend the respective Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.
11. By July 1, 2012, based on the Department of Community Affairs recommendations, Marathon shall amend the current building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based on infrastructure availability, level of service standards, environmental carrying capacity, and hurricane evacuation clearance time.
(b) Wastewater Implementation.
1. By July 1, 2011 and each July 1 thereafter, Marathon shall annually evaluate and allocate funding for wastewater implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By July 1, 2011, Marathon shall provide a final determination of service areas requiring upgrade to meet Section 381.0065(4)(l) and 403.086(10), F.S., wastewater treatment and disposal standards. This shall be in the form of a resolution, including a map of the non-service areas. The Department of Health, Marathon, and the Citys wastewater provider shall explore possible mechanisms to provide upgrades and central management of onsite sewage treatment and disposal systems located in non-service areas of the City. By March 1, 2013, the Department of Health will provide an update to the Department of Community Affairs describing the mechanisms discussed by the parties and the results of those discussions.
3. By July 1, 2011, Marathon shall work with the owners of wastewater facilities throughout the City and the Department of Environmental Protection (DEP) and the Department of Health (DOH) to fulfill the requirements of Sections 381.0065(4)(l) and 403.086(10), F.S., regarding wastewater treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet 2015 treatment and disposal requirements.
4. By July 1, 2011, Marathon shall adopt an ordinance establishing the upgrade program with implementation dates, time frames, and enforcement for upgrading on-site systems and package plants in non-service areas.
5. By July 1, 2011, Marathon 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, Marathon shall continue to develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities.
7. By July 1, 2011 and each year through 2013, Marathon shall annually draft a resolution requesting the issuance of a portion 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.
8. By July 1, 2011, Marathon shall develop a mechanism to provide accurate and timely information and establish annual funding allocations necessary 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.
9. Beginning July 1, 2013 and each July 1 thereafter, Marathon shall provide a report of addresses and the property appraisers 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 and the Department of Community Affairs. This report shall describe the status of 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. Sub area 1: Knights Key.
a. By July 1, 2011, Marathon shall secure plant site; and
b. By December 1, 2011, Marathon shall construct Knights Key Wastewater Plant; and
c. By May 1, 2012, Marathon shall initiate connections; and
d. By July 1, 2012, Marathon shall complete connections (100%).
2. Sub area 2: Boot Key (non-service area).
By July 1, 2011, Marathon shall ensure completion of upgrade.
3. Sub area 3: 11 Street 39 Street (Vaca Key West).
a. By July 1, 2011, Marathon shall complete construction of plant; and
b. By July 1, 2011, Marathon shall complete construction of collection system; and
c. By July 1, 2011, Marathon shall initiate connections; and
d. By July 1, 2012, Marathon shall complete connections (100%).
4. Sub area 4: Gulfside 39 Street (Vaca Key Central).
By July 1, 2013, Marathon shall complete connections (100%).
5. Sub area 5: Little Venice (60 Street Vaca Cut East).
a. By July 1, 2012, Marathon shall complete construction of collection system; and
b. By July 1, 2012, Marathon shall initiate connections for Phase II; and
c. By July 1, 2013, Marathon shall complete connections (100%) for Phase II.
6. Sub area 6-Vaca Cut-Coco Plum (Fat Key Deer West).
By July 1, 2011, Marathon shall complete connections (100%).
7. Sub area 7: Tom Harbor Bridge-Grassy Key.
a. By July 1, 2012, Marathon shall complete construction of plant; and
b. By July 1, 2012, Marathon shall bid and award design of collection system; and
c. By July 1, 2012, Marathon shall construction of collection system; and
d. By July 1, 2012, Marathon shall initiate connections; and
e. By July 1, 2013, Marathon shall complete connections (100%).
(d) Stormwater Treatment Facilities.
1. Beginning July 1, 2011 and each July 1 thereafter Marathon shall annually evaluate and allocate funding for stormwater implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. Beginning July 1, 2010 and each July 1 thereafter, Marathon shall annually apply for stormwater grants from the South Florida Water Management District.
3. Sub area 3: 11 Street 37 Street (Vaca Key West): By July 1, 2011, complete Stormwater Treatment Facilities simultaneously with wastewater projects, including the direct outfall retrofits for 27th Street and 24th Street.
4. Sub area 5: Little Venice (60 Street Vaca Cut East): By July 1, 2012, complete Stormwater Treatment Facilities simultaneously with wastewater projects.
5. Sub area 7: Tom Harbor Bridge-Grassy Key: By July 1, 2012, complete Stormwater Treatment Facilities simultaneously with wastewater projects.
6. By July 1, 2012, Marathon shall eliminate direct outfall retrofits for: 27th Street, Sombrero Islands, 24th Street, and 52nd Street.
Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. HistoryNew_________.
