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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