Ordinance 002-2015•A
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCU- 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING CHAPTER 118 ENVIRONMENTAL
PROTECTION; AMENDING SECTION 118- 10(4)C TO ALLOW THE
IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY
PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH
INCLUDE THE REMOVAL OF ORGANIC MATERIAL OF
PREVIOUSLY DREDGED ARTIFICIAL CANALS CHARACTERIZED
AS HAVING POOR OR FAIR WATER QUALITY WITHIN THE 2013
MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO
DEPTHS GREATER THAN MINUS SIX ( -6) FEET MEAN LOW WATER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, water quality issues involving manmade canals have been evaluated by the U.S.
Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine Sanctuary
( FKNMS 2007), and the Florida Department of Environmental Protection (FDEP 2008); and
WHEREAS, the Monroe County Canal Management Master Plan (CMMP) was completed on
September 20, 2013; and
WHEREAS, the Canal Subcommittee of the FKNMS Water Quality Steering Committee
initiated work on Phase 1 of the CMMP to: 1) develop a basic conceptual framework for canal
restoration and management that is comparable to the frameworks used in the County's existing
wastewater and stormwater master plans, and 2) identify a short-list of high- priority canal restoration
projects which can be implemented by the County and other WQPP participants over the next
several years; and
WHEREAS, canals with poor water quality have the potential to cause significant harm to near
shore marine waters upon which the community depends; and
WHEREAS, within the CMMP, approximately five hundred canals were examined and ranked;
171 canals received a Good water quality classification, 180 received a Fair classification, and 131
received a Poor classification; and
Ord. No. 420A_-2015
Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
WHEREAS, since the canals discharge directly into near shore Outstanding Florida Waters in
the FKNMS, where DEP adopted a "zero- degradation" policy for marine waters, addressing on-
going canal water quality impairment is of utmost importance; and
WHEREAS, at a regularly scheduled meeting held on the 26 day of August, 2014, the Monroe
County Development Review Committee considered the proposed amendment; and
WHEREAS, at a regularly scheduled meeting held on the 27 day of August, 2014, the Monroe
County Planning Commission held a public hearing for the purpose of considering the proposed
amendment and recommended approval to the Board of County Commissioners; and
WHEREAS, at a regularly scheduled meeting held on the 17 day of October, the Monroe
County Board of County Commissioners held a public hearing for a comprehensive plan
amendment regarding canal restoration and voted to transmit the comprehensive plan text
amendment to the State Land Planning Agency and Reviewing Agencies as defined in Section
163.3184(1)(c), Florida Statutes for review and comment; and
WHEREAS, at a regularly scheduled meeting held on the 21 day of January 2015, the
Monroe County Board of County Commissioners held a public hearing to adopt the
comprehensive plan amendment regarding canal restoration; and
WHEREAS, the BOCC makes the following Conclusions of Law: 1) the ordinance is
consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of the
Monroe County Code; and
WHEREAS, the BOCC makes the following Conclusion of Law: the proposed text
amendment would be consistent with the provisions of §102- 158(d)(5)(b) of the Monroe County
Code: 1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
errors, including errors in mapping, vegetative types and natural features described in volume I of
the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6.
Data updates; and
WHEREAS, the proposed text amendments are necessary due to 4. New issues; 5. A
recognition of a need for additional detail or comprehensiveness; and 6. Data Updates.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. Section 118 -10 of the Monroe County Code is amended as follows:
Section 118 -10 Environmental design for specific habitat types.
§118 -10 (4)c. Dredging. The following restrictions shall apply to dredging activities:
Ord. No. 00- -2015
Page 2 of 4
1 1. No new dredging shall be allowed in the county except as specified for boat ramps in
2 section 118 -12(1) (shoreline setback, boat ramps).
3 2. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
4 characterized by hard bottom communities except for maintenance dredging in public
5 navigation channels.
6 3. In order to facilitate establishment and prevent degradation of bottom vegetation,
7 maintenance dredging in artificial waterways shall not exceed depths greater than six feet
8 at mean low water (MLW). This restriction does not apply to the entrance channels into
9 Key West Harbor and Safe Harbor.
10 4. All dredged spoil materials shall be placed on permitted upland sites designed and located
11 to prevent runoff of spoil material into wetlands or surface waters.
12 5. All dredge activities require approvals by the Florida Department of Environmental
13 Protection and the U.S. Army Corps of Engineers prior to issuance of a county permit.
14 6. Exemptions:
15 a. Pursuant to Policy 202.8.6, canal restoration projects developed to determine the
16 effectiveness of water quality strategies of the Florida Keys National Marine Sanctuary
17 Water Quality Protection Program that meet the following criteria are exempt from the
18 restrictions in 118- 10(4)c(2):
19
20 i. Projects are limited to previously dredged artificial canals characterized as having
21 poor or fair water quality within the 2013 Monroe County Canal Management
22 Master Plan.
23 ii. Projects are performed or funded by public entities (County, State, or Federal) for
24 organic material removal and;
25 iii. Projects are backfilled to a depth of 6ft - 8ft, or an alternative depth as determined
26 by best available scientific data and authorized by the state and federal permitting
27 agencies; and
28 iv. Hydraulic (vacuum) dredging shall be considered the preferred means of removal of
29 the organic material. If hydraulic dredging is not proposed to accomplish the
30 organic material removal, a public hearing before the Board of County
31 Commissioners (BOCC) shall be required prior to issuance of a county permit.
32 b. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration projects to
33 remove decomposing organic material from previously dredged artificial canals (down
34 to the bedrock) without backfilling will be performed and evaluated for effectiveness.
35 Water quality monitoring of these two (2) organic removal pilot projects shall be
36 conducted at a two (2) year point of time and a ten (10) year point of time after
37 completion of the pilot projects, and a water quality report shall be reviewed to
38 determine the effectiveness in improving dissolved oxygen concentrations, as identified
39 in the surface water quality criteria in Ch. 62- 302.530, F.A.C., in the two (2) organic
40 removal pilot projects canals.
41
42 Section 2. Severability If any section, paragraph, subdivision, clause, sentence or
43 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
44 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
45 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
46 provision immediately involved in the controversy in which such judgment or decree shall be
47 rendered.
Ord. No. 00- 1 -2015
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Section 3. Conflicting 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 to the Florida State Land
Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. Filing This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective pursuant to Section 7 until a final order is issued according
to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
approving the ordinance, and if the final order is challenged, until the challenge to the order is
resolved pursuant to F.S. Chapter 120.
Section 6. Inclusion in the Monroe County Code The provisions of this Ordinance shall
be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
marking system of the Code.
Section 7. Effective Date. This ordinance shall become effective as provided by law and
stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the a J'* day of T54nz , 2015.
Mayor Danny L. Kolhage
is
Mayor Pro Tem Heather Carruthers
Y ( ,r
Commissioner George Neugent
f
Commissioner David Rice
V6
Commissioner Sylvia Murphy
Vlf
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MO t ROE COUNTY, FL O A
BY
Mayor Darhq L. Kolhage
MONROE COUNTY ATTORNEY
AqkQVED AS FORM:
. LI �
STEVEN T. Wi _ j;imS
ASSISTANT COUNTY ATTORNEY
Date /- A a -,T
DEPUTY CLERK
Ord. No. DOd -2015
Page 4 of 4
RICK SCOTT
Governor
January 26, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2 -2015, which was filed in this office on January 26,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
Final Order No. DEO -15 -035
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 002 -2015
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 002-2015
The Department of Economic Opportunity ( "Department') hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 002 -2015 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 21, 2015, and rendered
to the Department on January 27, 2015.
3. The Ordinance amends the Monroe County Land Development Code by modifying
Chapter 118 (Environmental Protection), and Section 118- 10(4)c.; to allow the implementation of
canal restoration projects by public entities. Such projects include the removal of organic matter
of previously dredged artificial canals characterized as having poor or fair water quality to depths
greater than minus six feet mean low water. These specific sections were revised to provide for
severability and the repeal of conflicting provisions.
Final Order No. DEO -15 -035
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. "Land" means the earth, water, and air above, below, or on the surface, and includes
any improvements or structures customarily regarded as land. § 380.031(7), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Goal 202, Objective 202.1, Policy 202.1.1, Policy 202.1.5, and
Policy 210.1.7.
9. The Ordinance is consistent with the Principles for Guiding Development in §
380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following
Principle:
(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) Establish a land use management system that conserves and
promotes the community character of the Florida Keys.
Final Order No. DEO -15 -035
(e) Establish a land use management system that promotes and
supports a diverse and sound economic base.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 002 -2015 is consistent with the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and is hereby APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
William `B. lingsworth, Director
Division of ommunity Development
Department 7f Economic Opportunity
Final Order No. DEO -15 -035
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO
NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF
THE FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE
REGISTER.
Final Order No. DEO -15 -035
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this IO day of NAO-k , 2015.
Katie Zimmer, AgVcyIerk
Department of Ecpportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified 011 -U.S. Mail
Danny Kolhage, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Townsley Schwab, Director
Planning and Environmental Resources
Monroe County, Florida
2798 Overseas Highway
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040