Ordinance 010-2018 2
3 1r
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 010 -2018
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE MONROE
12 COUNTY YEAR 2030 COMPREHENSIVE PLAN TO INCLUDE
13 THE DEFINITION OF PERIMETER CANAL IN THE GLOSSARY;
14 AMENDING POLICY 202.4.3 AND CREATING NEW POLICY
15 202.4.4 TO ALLOW MAINTENANCE DREDGING WITHIN
16 AREAS VEGETATED WITH SEAGRASS BEDS OR
17 CHARACTERIZED BY HARDBOTTOM COMMUNITIES
18 WITHIN THE CANALS OF DUCK KEY (MM 61) IN ORDER TO
19 RESTORE NAVIGATIONAL ACCESS; LIMITED TO
20 PREVIOUSLY DREDGED CANALS; NOT TO EXCEED DEPTHS
21 OF GREATER THAN MINUS SIX FEET MLW; PROVIDED
22 THERE IS NO DEGRADATION OF WATER QUALITY OR
23 IMPACT ON SURROUNDING BENTHIC RESOURCES;
24 REQUIRING MITIGATION FOR IMPACTS WITHIN THE
25 DREDGED AREA; PROVIDED THE PROPOSED DREDGING IS
26 IN THE PUBLIC INTEREST; AS PROPOSED BY DEMETRIO
27 BRID AND DUCK KEY COMMUNITY BENEFIT INC.;
28 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
29 OF CONFLICTING PROVISIONS; PROVIDING FOR
30 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
31 AND THE SECRETARY OF STATE; PROVIDING FOR
32 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
33 PLAN; PROVIDING FOR AN EFFECTIVE DATE.
34
35
36 WHEREAS, on March 21, 2014, the BOCC reviewed draft amendments to the
37 Comprehensive Plan for the 2030 Comprehensive Plan update project and directed staff to
38 develop a text amendment to allow maintenance dredging at the mouth of a canal to restore
39 navigational access; and
40
41 WHEREAS, on July 23, 2014, the BOCC reviewed draft amendments to the
42 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
43 amendments to allow maintenance dredging at the mouth (entrance) of a canal; and at that time,
44 the BOCC recommended maintaining the proposed amendment in the 2030 Comprehensive Plan
45 update draft; and
46
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1 WHEREAS, on October 7, 2014, the BOCC reviewed draft amendments to the
2 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
3 amendments to allow maintenance dredging at the mouth of a canal; and the BOCC directed
4 deletion of the proposed amendments relating to maintenance dredging at the mouth (entrance)
5 of a canal; and
6
7 WHEREAS, on October 21, 2015, at a regularly scheduled BOCC meeting, there was a
8 Sounding Board item to discuss concerns regarding decreasing water quality and accessibility in
9 the canals of Duck Key; and
10
11 WHEREAS, on January 20, 2016, at a regularly scheduled BOCC meeting, as a follow -
12 up to the October 21, 2015 Sounding Board discussion, staff provided the BOCC with a potential
13 Comprehensive Plan and Land Development Code amendment option based on the October 21,
14 2015 BOCC discussion and direction, and also recommended that the Duck Key residents submit
15 an application for such text amendments; and
16
17 WHEREAS, at the January 20, 2016, BOCC meeting, the BOCC gave the following
18 direction:
19 • the Duck Key property owners should apply for the applicable text amendments;
20 • the BOCC would be willing to consider such amendments if limited to previously
21 dredged manmade canals and possibly previously dredged manmade perimeter
22 canals, but not for open water, basins, or channels;
23 • the BOCC was favorable towards changing "storm depositions" to "sedimentary
24 deposition," "natural sedimentary depositions," or similar language;
25 • the BOCC was favorable towards limiting eligible canals to those adjacent to
26 developed properties or those needed to maintain contiguous transportation from
27 developed properties to open water, or similar language; and,
28 • the BOCC was not in favor of allowing maintenance dredging in areas with benthic
29 resources in channels, even if at the mouth of a canal — areas where both edges are
30 under water; and
31
32 WHEREAS, on October 28, 2016, the Planning and Environmental Resources
33 Department received an application from Trepanier & Associates on behalf of Demetrio Brid and
34 Duck Key Community Benefit, "the Applicant," (revised application received January 27, 2017)
35 to amend the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging
36 adjacent to Duck Key; and
37
38 WHEREAS, on February 21, 2017, the Monroe County Development Review
39 Committee (DRC) reviewed the proposed amendments and provided comments regarding
40 consistency with prior BOCC direction, and internal consistency with the newly adopted and
41 effective 2030 Comprehensive Plan; and
42
43 WHEREAS, following the February 21, 2017 DRC meeting, the Applicant submitted
44 revised amendment language to address the comments provided in the DRC staff report and
45 during the meeting; and
46
Ord 010 -2018
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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
14
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
18
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
30
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
36
37 WHEREAS, at the December 13, 2017, public hearing, the BOCC adopted Resolution
38 362 -2017, authorizing transmittal of the proposed text amendment to the State Land Planning
39 Agency; and
40
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 February 27, 2018; and
Ord 010 -2018
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1 WHEREAS, the ORC report did not contain any objections, recommendations or
2 comments; and
3
4 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
5 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
6
7 WHEREAS, at a regularly scheduled meeting on the 16 day of May, 2018, the BOCC
8 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
12
13 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
14 amended as follows (Deletions are shown stricken through; additions are shown
15 underlined):
16
17 Glossary:
18 * * *
19 Perimeter Canal means a manmade trench, the bottom of which is normally covered by water
20 with one of the upper edges of its sides normally above water and the other edge below water.
21
22 Policy 202.4.3
23 No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
24 characterized by hardbottom communities, except for maintenance in public navigation channels;
25 in canal restoration projects pursuant to Policy 202.4.7; or in the manmade artificial canals of
26 Duck Key (MM 61), pursuant to Florida Department of Environmental Protection and U.S.
27 Army Corps of Engineers permits, to restore navigational access obstructed by natural
28 depositions, subject to the requirements in Policy 202.4.4.
29
30 Policy 202.4.4
31 Within the manmade artificial canals of Duck Key (MM 61), maintenance dredging within areas
32 vegetated with seagrass beds or characterized by hardbottom communities may be permitted to
33 restore navigational access, provided that:
34 L Shoaling or natural deposition has obstructed or reduced reasonable access to open water;
35 2. The maintenance dredging cannot be used to dredge natural barriers (areas that have not
36 been previously dredged) separating canals from adjacent wetlands and/or other surface
37 waters;
38 3. The maintenance dredging shall not exceed depths greater than minus six ( -6) feet mean
39 low water, or to the depths of refusal (rock), whichever is more restrictive (e.g. the
40 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 202.4.54
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.
18
19 Policy 202.4.65
20 All dredged spoil resulting from maintenance dredging shall be placed on permitted upland
21 sites where drainage can be contained on -site.
22
23 Policy 202.4.75
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.
40
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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1 two (2) organic removal pilot projects shall be conducted at a two (2) year point of time and a
2 ten (10) year point of time after completion of the pilot projects. After the two (2) year and
3 ten (10) year monitoring, the County shall request a water quality report from the Water
4 Quality Protection Program (WQPP) to determine the pilot projects' effectiveness in
5 improving dissolved oxygen concentrations, as identified in the surface water quality criteria
6 in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals. If the WQPP
7 does not provide the water quality report, the County shall fund and conduct the water quality
8 report. If the water quality report for the two (2) year monitoring indicates improved water
9 quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform
10 organic material removal to depths greater than minus six ( -6) feet mean low water without
11 backfilling to 6ft-8ft may proceed.
12
13 Upon determination of the two (2) pilot projects' effectiveness and an amendment to this
14 Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public
15 entities (County, State, or Federal) for organic material removal of previously dredged
16 artificial canals characterized as having poor or fair water quality within the 2013 Monroe
17 County Canal Management Master Plan. The organic material removal shall be allowed to
18 depths greater than minus six ( -6) feet mean low water, if permitted by Florida Department of
19 Environmental Protection or the Water Management District and the Army Corp of
20 Engineers.
21
22 For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of
23 removal of the organic material. If hydraulic dredging is not proposed to accomplish the
24 organic material removal, a public hearing before the Board of County Commissioners
25 (BOCC) shall be required prior to issuance of a county permit. The BOCC shall hold a public
26 hearing on the request to use an alternative dredging methodology and shall consider the
27 cost, rationale, compatibility, complications and public comments. The public hearing shall
28 provide the applicant the opportunity to address the issues regarding the proposed canal
29 restoration project, including but not limited to, sediment size, logistical /accessibility
30 limitations, obstructions and/or equipment constraints. The BOCC may grant, grant with
31 conditions or deny the request to use an alternative dredging methodology.
32
33 Policy 202.4.8
34 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill
35 regulations. All illegal structures and fill shall be removed and damages mitigated.
36
37 Section 2. Severabilitv. If any section, subsection, sentence, clause, item, change, or
38 provision of this ordinance is held invalid, the remainder of this ordinance shall
39 not be affected by such validity.
40
41 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
42 conflict with this ordinance are hereby repealed to the extent of said conflict.
43
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•
1 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
2 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
3 Statutes.
4
5 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
6 Secretary of the State of Florida but shall not become effective until a notice is
7 issued by the State Land Planning Agency or Administration Commission finding
8 the amendment in compliance with Chapter 163, Florida Statutes and after any
9 applicable challenges have been resolved.
10
11 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be
12 incorporated in the Monroe County Comprehensive Plan. The numbering of the
13 foregoing amendment may be renumbered to conform to the numbering in the
14 Monroe County Comprehensive Plan.
15
16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
17 Florida, at a regular meeting held on the 16th day of May , 2018.
18
19 Mayor David Rice Yes
20 Mayor Pro Tem Sylvia Murphy Yes
21 Commissioner Danny L. Kolhage Yes
22 Commissioner George Neugent Yes
23 Commissioner Heather Carruthers Yes
24
25 BOARD OF COUNTY COMMISSIONERS
` at. I. OF MONROE COUNTY, FLORIDA
L. `, 1 .
J BY
tilt Mayor David
32 .o KOE COU T ATT RNEY
33 A ST: KEVIN MADOK, CLERK A E A S TO M:,
34 � ^ 9r, - - —�
35 Q . f p'lS . Mr: ` ��e: .� •1 F. J NI
36 DEPUT LERK Del*. L / 7 / c �
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Ord 010 -2018 080038 80 03 1i -I
7 of 7
•
•
KEY WEST
N STATE OF FLORIDA
Cooke Communications, Newspaper, Est. COUNTY OF MONROE
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Richard Tamborrino,
Key West Fl 33041 who on oath says that he is Publisher of the Key West Citizen, a daily
Office 305 292 - 7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension...x219
Fax 305 295 - 8025 attached copy of advertisement, being a legal notice in the matter of
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dakey.com
Web was ublished in said news a er in the issues of
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The Citizen
Florida Keys Free Press Affiant further says that the Key West Citizen is a newspaper published in
MARKETING SERVICES Key West, in said Monroe County, Florida and that the said newspaper has
Commercial Printing h eretofore been continuously published in said Monroe County, every
Mail Y I� Y� rY
day, and has been entered as second -class mail matter at the post office in Key
FLORIDA KEYS OFF
Printing / Facility West, in said Monroe County, Florida, for a period of 1 year next preceding
P
3420 Northside Drive the first publication of the attached copy of advertisement; and affiant further
Key 330 West, 33040-1800 says that he has neither paid nor promised any person, firm or corporation any
33040 -1800 Y p p Y P � IP
Tel 305- 292 -7777 discount, rebate, commission or refund for the purpose of securing this
Fax 305 - 294 -0768
citizen @kevwest.com advertisement for publication in the .:'. ne \s'aper
Internet Division
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Tel 305-292-1880 ��� /��Ar ;�
Fax 305 - 294 -1699 i �� .�
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Tel el 30 305 -- 853 -7277 Sworn and subscribed before me this - q - • Y 3\1 v. day of l , 2018
Fax 305 - 853 -0556
freepress @floridakeys.com
Notary Public: Scarleth Gomez
• • Notary Public
State of Florida
lay emission Expires 09/16/2018
Commission No. FF 160325
Expires: C,(1 - • Zti 1 Notary Seal
Personally Known Produced Identification )4
Type of Identification Produced FL - —
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC
MEETING AND NOTICE
OF PUBLIC HEARING
NOTICE OF AMENDMENT
TO THE MONROE COUNTY
COMPREHENSIVE PLAN
NOTICE OF AMENDMENT TO
THE MONROE COUNTY
LAND DEVELOPMENT CODE
May 16, 2018
NOTICE IS HEREBY GIVEN that on Wednesday, May 16, 2018,
the Monroe County Board of County Commissioners will hold the
following Public Hearing at the Harvey Govemment Center, 1200
Truman Ave, Key West, Monroe County, Florida to review and receive
public comment for the following items:
3:00 PM (or as soon thereafter as may be heard):
BEACH ROAD. OCEAN REEF:
A RESOLUTION APPROVING A REQUEST BY JOEL REED
ON BEHALF OF MARINA INN LAND, LLC FOR A WAIVER TO
THE COUNTY'S INCLUSIONARY HOUSING REQUIREMENTS,
PURSUANT TO SECTION 139- 1(B)(3) OF THE MONROE COUNTY
LAND DEVELOPMENT CODE, ON PROPERTY COMMONLY
KNOWN AS MARINA INN CONDOMINIUM LOCATED AT 111, 121,
211, 311, 321, 411 AND 421 BEACH ROAD IN OCEAN REEF AND
LEGALLY DESCRIBED AS UNITS 501, 502, 503, 504, 505, 506, 507,
508, 509, 510, 511, 512, 513, 514, 515,516, 517, 518, 519, 520,
521, 522, 523, 524, 525, 526, 527, 528, 529 AND 530 IN MARINA
INN CONDOMINIUM, ACCORDING TO THE DECLARATION
OF CONDOMINIUM THEREOF AS RECORDED IN OFFICIAL
RECORDS BOOK 728, PAGES 383 THROUGH458; AS AMENDED
IN OFFICIAL RECORDS BOOK 759 AT PAGE 95, AS FURTHER
AMENDED IN OFFICIAL RECORDS BOOK 1457 AT PAGE 1612
AND AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK
2878, PAGE 801, AS AFFECTED BY NOTICE OF OUR CLAIM
ASSIGNMENT OF DECLARANTS RIGHTS RECORDED IN OFFICIAL
RECORDS BOOK 2668, PAGE 400, OF THE PUBUC RECORDS
OF MONROE COUNTY, FLORIDA AND EXHIBITS THEREOF AND
THE CONDOMINIUM PLANS AS RECORDED IN CONDOMINIUM
GRAPHICS BOOK 2, OF THE PUBUC RECORDS OF MONROE
COUNTY, FLORIDA TOGETHER WITH THE UNDIVIDED INTEREST
IN COMMON PROPERTY DESCRIBED IN SAID DECLARATION
OF CONDOMINIUM TO BE AN APPURTENANCE TO THE ABOVE
DESCRIBED UNITS; CONSISTING OF 31 PARCELS HAVING
REAL ESTATE NUMBERS FROM 00569471-000200 TO 00569471-
005000.
(FILE 2016 -030)
AN COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY
COMPREHENSIVE PLAN TO INCLUDE THE DEFINmON 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; UMITED 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 PUBUC INTEREST; AS
PROPOSED BY DEMETRIO BRID AND DUCK KEY COMMUNITY
BENEFIT INC.; PROVIDING FOR SEVERABIUTY; 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.
(2016 -183)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
LAND DEVELOPMENT CODE SECTION 101 -1 - DEFINITIONS, TO
INCLUDE THE DEFINITION OF PERIMETER CANAL; AMENDING
SECTION 118 -10 - ENVIRONMENTAL DESIGN FOR SPECIFIC
HABITAT TYPES, TO ALLOW MAINTENANCE DREDGING WITHIN
AREAS VEGETATED WITH SEAGRASS BEDS OR CHARACTERIZED
BY HARDBOTTOM COMMUNITIES WITHIN THE CANALS OF DUCK
KEY (MM61) IN ORDER TO RESTORE NAVIGATIONAL ACCESS;
UMITED 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
S DREDGED, REQUIRING
DGED, AREA PROVIDED THE
PROPOSED DREDGING IS IN THE PUBLIC INTEREST; AS
PROPOSED BY DEMETRIO BRID AND DUCK KEY COMMUNITY
BENEFIT INC.; PROVIDING FOR SEVERABIUTY; PROVIDING
FOR REPEAL OF CONFUCTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING
FOR AN EFFECTIVE DATE.
(2016 -184)
Copies of the above are available at the Monroe County Planning
Department offices in Marathon and Key Largo during normal
business hours and online at: moranamagtAIMIALLIQY
Pursuant to Section 286.0105 Florida Statutes, if a person decides
to appeal any decision of the Board of County Commissioners, with
respect to any matter considered at the meeting or hearing, he or she
will need a record of the proceedings, and that, for such purpose, he
or she may need to insure a verbatim record of the proceedings is
made, which record includes the testimony & evidence upon which
the appeal is to be based.
ADA ASSISTANCE 6 you are a person with a disability who needs
special accommodations In order to participate in this proceeding,
please contact the County Administrator's Office, by phoning (305)
292-4441, between the hours of 830 a.m. - 500 p.m., no later than
five (5) calendar days prior to the scheduled meeting; if you are
hearing or voice impaired, call "711 ".
Fpi 28. 2018 Key West Glaen 600317
a c
°°°°"'PN't Kevin Madok, CPA
%
' `' '
oo Clerk of the Circuit Court & Comptroller — Monroe County, Florida
E�
June 21, 2018
Department of State
Administrative Code & Register
500 S. Bronough Street
Tallahassee, FL. 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 010 - 2018 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 sea grass beds or characterized by hard - bottom 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on May 16, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA,
Clerk of the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Sally M. Abrams, D.C.
cc: County Administrator
County Attorney
Planning & Environmental Resources
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 21, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Sally Abrams
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 010 -2018, which was filed in this office on June 21,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us