Resolution 362-20171
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MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 362 - 2017
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
STATE LAND PLANNING AGENCY AN ORDINANCE BY
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY
YEAR 2030 COMPREHENSIVE PLAN TO INCLUDE THE
DEFINITION OF PERIMETER CANAL IN THE GLOSSARY;
AMENDING POLICY 202.4.3 AND CREATING NEW POLICY
202.4.4 TO ALLOW MAINTENANCE DREDGING WITHIN
AREAS VEGETATED WITH SEAGRASS BEDS OR
CHARACTERIZED BY HARDBOTTOM -. COMMUNITIES
WITHIN THE CANALS OF DUCK KEY (MM 61) IN ORDER
TO RESTORE NAVIGATIONAL ACCESS; LIMITED TO
PREVIOUSLY DREDGED CANALS; NOT TO EXCEED
DEPTHS OF GREATER THAN MINUS SIX FEET MLW;
PROVIDED THERE IS NO DEGRADATION OF WATER
QUALITY OR IMPACT ON SURROUNDING BENTHIC
RESOURCES; REQUIRING MITIGATION FOR IMPACTS
WITHIN THE DREDGED AREA; PROVIDED THE PROPOSED
DREDGING IS IN THE PUBLIC INTEREST; AS PROPOSED
BY DEMETRIO BRID AND DUCK KEY COMMUNITY
BENEFIT INC.; 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
COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
Resolution No. 362 - 2017
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163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2030 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
for adoption of the proposed text amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3 . The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of Section 163.3184(4), Florida Statutes.
Section 4. . The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 13` day of December, 2017.
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Mayor David Rice
Yes
Mayor Pro Tem Sylvia Murphy
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
BY
Mayor David ce
MADOK, CLERK
Resolution No. 362 - 2017
&IONROF COUNTY A TTQRNEY
A v AS U:
1. !UIAMS
ASSISTANT � NIT,( ATTORNEY
Date l l x'02$ ( 7
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -201
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE MONROE
COUNTY YEAR 2030 COMPREHENSIVE PLAN TO INCLUDE
THE DEFINITION OF PERIMETER CANAL IN THE GLOSSARY;
AMENDING POLICY 202.4.3 AND CREATING NEW POLICY
202.4.4 TO ALLOW MAINTENANCE DREDGING WITHIN
AREAS VEGETATED WITH SEAGRASS BEDS OR
CHARACTERIZED BY HARDBOTTOM COMMUNITIES
WITHIN THE CANALS OF DUCK KEY (MM 61) IN ORDER TO
RESTORE NAVIGATIONAL ACCESS; LIMITED TO
PREVIOUSLY DREDGED CANALS; NOT TO EXCEED DEPTHS
OF GREATER THAN MINUS SIX FEET MLW; PROVIDED
THERE IS NO DEGRADATION OF WATER QUALITY OR
IMPACT ON SURROUNDING BENTHIC RESOURCES;
REQUIRING MITIGATION FOR IMPACTS WITHIN THE
DREDGED AREA; PROVIDED THE PROPOSED DREDGING IS
IN THE PUBLIC INTEREST; AS PROPOSED BY DEMETRIO
BRID AND DUCK KEY COMMUNITY BENEFIT INC.;
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 COMPREHENSIVE
PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 21, 2014, the BOCC reviewed draft amendments to the
Comprehensive Plan for the 2030 Comprehensive Plan update project and directed staff to
develop a text amendment to allow maintenance dredging at the mouth of a canal to restore
navigational access; and
WHEREAS, on July 23, 2014, the BOCC reviewed draft amendments to the
Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
amendments to allow maintenance dredging at the mouth (entrance) of a canal; and at that time,
the BOCC recommended maintaining the proposed amendment in the 2030 Comprehensive Plan
update draft; and
Ord -201_
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WHEREAS, on October 7, 2014, the BOCC reviewed draft amendments to the
Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
amendments to allow maintenance dredging at the mouth of a canal; and the BOCC directed
deletion of the proposed amendments relating to maintenance dredging at the mouth (entrance)
of a canal; and
WHEREAS, on October 21, 2015, at a regularly scheduled BOCC meeting, there was a
Sounding Board item to discuss concerns regarding decreasing water quality and accessibility in
the canals of Duck Key; and
WHEREAS, on January 20, 2016, at a regularly scheduled BOCC meeting, as a follow -
up to the October 21, 2015 Sounding Board discussion, staff provided the BOCC with a potential
Comprehensive Plan and Land Development Code amendment option based on the October 21,
2015 BOCC discussion and direction, and also recommended that the Duck Key residents submit
an application for such text amendments; and
WHEREAS, at the January 20, 2016, BOCC meeting, the BOCC gave the following
direction:
• the Duck Key property owners should apply for the applicable text amendments;
• the BOCC would be willing to consider such amendments if limited to previously
dredged manmade canals and possibly previously dredged manmade perimeter
canals, but not for open water, basins, or channels;
• the BOCC was favorable towards changing "storm depositions" to "sedimentary
deposition," "natural sedimentary depositions," or similar language;
• the BOCC was favorable towards limiting eligible canals to those adjacent to
developed properties or those needed to maintain contiguous transportation from
developed properties to open water, or similar language; and,
• the BOCC was not in favor of allowing maintenance dredging in areas with benthic
resources in channels, even if at the mouth of a canal — areas where both edges are
under water; and
WHEREAS, on October 28, 2016, the Planning and Environmental Resources
Department received an application from Trepanier & Associates on behalf of Demetrio Brid and
Duck Key Community Benefit, "the Applicant," (revised application received January 27, 2017)
to amend the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging
adjacent to Duck Key; and
WHEREAS, on February 21, 2017, the Monroe County Development Review
Committee (DRC) reviewed the proposed amendments and provided comments regarding
consistency with prior BOCC direction, and internal consistency with the newly adopted and
effective 2030 Comprehensive Plan; and
WHEREAS, following the February 21, 2017 DRC meeting, the Applicant submitted
revised amendment language to address the comments provided in the DRC staff report and
during the meeting; and
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1 WHEREAS, the proposed Comprehensive Plan amendment was scheduled for a public
2 hearing at the June 28, 2017, Planning Commission meeting, and granted a continuance to the
3 August 30, 2017 Planning Commission meeting, per a request by the Applicant; and
4
5 WHEREAS, on August 11, 2017, the Applicant submitted revised language for the
6 proposed Comprehensive Plan text amendment, which includes requests to add the definition of
7 Perimeter Canal in the Glossary; and to amend Policy 202.4.3 and create a new Policy (202.4.4)
8 to allow maintenance dredging within areas vegetated with seagrass beds or characterized by
9 hardbottom communities within the canals of Duck Key (mm 61) in order to restore navigational
10 access, limited to previously dredged canals systems; not to exceed depths of greater than minus
11 six feet MLW; provided there is no degradation of water quality or impact on surrounding
12 benthic resources; requiring mitigation for impacts within the dredged area; provided the
13 proposed dredging is in the public interest; and
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15 WHEREAS, the Monroe County .Planning Commission held a public hearing on the 30
16 day of August, 2017, for review and recommendation on the proposed Comprehensive Plan text
17 amendment; and
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19 WHEREAS, based upon the information and documentation submitted, the Planning
20 Commission made the following Findings of Fact and Conclusions of Law:
21
22 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2030 Comprehensive Plan; and
24 2. The proposed amendment is consistent with the Principles for Guiding Development
25 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
26 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
27
28 WHEREAS, the Monroe County Planning Commission adopted a Resolution
29 recommending approval of the proposed amendment; and
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31 WHEREAS, at a regular meeting held on the 13 day of December 2017, the Monroe
32 County Board of County Commissioners held a public hearing to consider the transmittal of the
33 proposed text amendment, considered the staff report and provided for public comment and
34 public participation in accordance with the requirements of state law and the procedures adopted
35 for public participation in the planning process; and
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37 WHEREAS, at the December 13, 2017, public hearing, the BOCC adopted Resolution
38 -201_, t transmittal of the proposed text amendment to the State Land
39 Planning Agency; and
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41 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
42 Objections, Recommendations and Comments (ORC) report, received by the County on
43 ; and
Ord -201_
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WHEREAS, the ORC report ; and
WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
proposed amendment, adopt the amendment with changes or not adopt the amendment; and
WHEREAS, at a regularly scheduled meeting on the -th day of , 201_, the
BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
amended as follows:
Glossary:
Perimeter Canal means a manmade trench, the bottom of which is normally covered by water
with one of the upper edges of its sides normally above water and the other edge below water.
Policy 202.4.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation channels=
in canal restoration projects pursuant to Policy 202.4.6; or in the manmade artificial canals of
Duck Key (MM 61), pursuant to Florida Department of Environmental Protection and U.S.
Army Corps of Engineers permits, to restore navigational access obstructed by natural
depositions, subject to the requirements in Policy 202.4.4.
Policy 202.4.4
Within the manmade artificial canals of Duck Key (MM 61), maintenance dredging within areas
vegetated with seagrass beds or characterized by hardbottom communities may be permitted to
restore navigational access, provided that:
1. Shoaling or natural deposition has obstructed or reduced reasonable access to open water;
2. The maintenance dredging cannot be used to dredge natural barriers (areas that have not
been previously dredged) separating canals from adjacent wetlands and/or other surface
waters;
3. The maintenance dredging shall not exceed depths greater than minus six ( - feet mean
low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the
shallowest depth shall control);
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1 4. The maintenance dredging methodology shall not cause degradation of water quality or
2 secondary and/or cumulative impacts to surrounding benthic resources;
3 5. Turbidity controls shall be used to prevent reduction of light availability to seagrasses
4 and increased sedimentation in adjacent surface waters and benthic resources;
5 6. The quantity of mitigation for seagrass/hardbottom community resource impacts shall
6 meet the requirements specified by the State of Florida's Uniform Mitigation Assessment
7 Method (UMAM); and
8 7. The proposed maintenance dredging is in the "public interest" (for the purposes of this
9 policy, "public interest" means demonstrable environmental, social, and economic
10 benefits which would accrue to the public at large as a result of a proposed action). The
11 applicant shall be responsible for providing justification that the proposed maintenance
12 dredging is in the "public interest."
13
14 Policy 202.4.5
15 In order to prevent degradation of bottom vegetation, maintenance dredging in artificial
16 waterways shall not exceed depths greater than minus six ( -6) feet mean low water. This
17 policy does not apply to the entrance channels into Key West Harbor and Safe Harbor.
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19 Policy 202.4.6
20 All dredged spoil resulting from maintenance dredging shall be placed on permitted upland
21 sites where drainage can be contained on -site.
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23 Policy 202.4.7
24 Due to the physical structure, depth, and orientation of existing canals, water quality
25 problems have been caused which cannot be improved with wastewater treatment and
26 stormwater management practices alone. To implement the 2013 Monroe County Canal
27 Management Master Plan and improve water quality in artificial canals, the County is
28 developing canal restoration projects to improve tidal flushing, increase dissolved oxygen
29 concentrations as identified in the surface water quality criteria in Ch. 62- 302.530, F.A.C.,
30 and remove accumulated nutrients and decomposing organic material.
31
32 Canal restoration projects, developed to determine the effectiveness of water quality
33 strategies of the Florida Keys National Marine Sanctuary Water Quality Protection Program,
34 which are performed or funded by public entities (County, State, or Federal) for organic
35 material removal and backfilled to a depth of 6ft - 8ft, or an alternative depth as determined
36 by best available, scientific data and authorized by the state and federal permitting agencies,
37 from artificial canals characterized as having poor or fair water quality within the 2013
38 Monroe County Canal Management Master Plan are exempt from the provisions in Policy
39 202.8.4.
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41 Two (2) demonstration pilot canal restoration projects will remove decomposing organic
42 material from previously dredged artificial canals (down to the bedrock) without backfilling.
43 To evaluate the effectiveness of this removal strategy, without any backfilling, and to
44 determine if water quality can be restored and maintained, water quality monitoring of these
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two (2) organic removal pilot projects shall be conducted at a two (2) year point of time and a
ten (10) year point of time after completion of the pilot projects. After the two (2) year and
ten (10) year monitoring, the County shall request a water quality report from the Water
Quality Protection Program (WQPP) to determine the pilot projects' effectiveness in
improving dissolved oxygen concentrations, as identified in the surface water quality criteria
in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals. If the WQPP
does not provide the water quality report; the County shall fund and conduct the water quality
report. If the water quality report for the two (2) year monitoring indicates improved water
quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform
organic material removal to depths greater than minus six ( -6) feet mean low water without
backfilling to 6ft -8ft may proceed.
Upon determination of the two (2) pilot projects' effectiveness and an amendment to this
Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public
entities (County, State, or Federal) for organic material removal of previously dredged
artificial canals characterized as having poor or fair water quality within the 2013 Monroe
County Canal Management Master Plan. The organic material removal shall be allowed to
depths greater than minus six ( -6) feet mean low water, if permitted by Florida Department of
Environmental Protection or the Water Management District and the Army Corp of
Engineers.
For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of
removal. of the organic material. If hydraulic dredging is not proposed to accomplish the
organic material removal, a public hearing before the Board of County Commissioners
(BOCC) shall be required prior to issuance of a county permit. The BOCC shall hold a public
hearing on the request to use an alternative dredging methodology and shall consider the
cost, rationale, compatibility, complications and public comments. The public hearing shall
provide the applicant the opportunity to address the issues regarding the proposed canal
restoration project, including but not limited to, sediment size, logistical /accessibility
limitations, obstructions and/or equipment constraints. The BOCC may grant, grant with
conditions or deny the request to use an alternative dredging methodology.
Policy 202.4.8
No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill
regulations. All illegal structures and fill shall be removed and damages mitigated.
Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Ord -201_
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Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable challenges have been resolved.
Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
incorporated in the Monroe County Comprehensive Plan. The numbering of the
foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 201_.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I: 1
Mayor David Rice
(SEAL)
ATTEST: KEVIN MADOK, CLERK
R90iVR E COUNTY ATT t3NiEY
APP �IEE T M:
DEPUTY CLERK STEVEN T. WI 1AMS
ASSISTANt ffP y ffORNEY
Deets J I B ,
((
Ord -201_
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