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Ordinance 011-2018 cf 3 � 7' 7;, 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. 011 -2018 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING MONROE COUNTY 14 LAND DEVELOPMENT CODE SECTION 101 -1 — DEFINITIONS, 15 TO INCLUDE THE DEFINITION OF PERIMETER CANAL, 16 AMENDING SECTION 118 -10 — ENVIRONMENTAL DESIGN 17 FOR SPECIFIC HABITAT TYPES, TO ALLOW MAINTENANCE 18 DREDGING WITHIN AREAS VEGETATED WITH SEAGRASS 19 BEDS OR CHARACTERIZED BY HARDBOTTOM 20 COMMUNITIES WITHIN THE CANALS OF DUCK KEY (MM 61) 21 IN ORDER TO RESTORE NAVIGATIONAL ACCESS; LIMITED 22 TO PREVIOUSLY DREDGED CANALS; NOT TO EXCEED 23 DEPTHS OF GREATER THAN MINUS SIX FEET MLW; 24 PROVIDED THERE IS NO DEGRADATION OF WATER 25 QUALITY OR IMPACT ON SURROUNDING BENTHIC 26 RESOURCES; REQUIRING MITIGATION FOR IMPACTS 27 WITHIN THE DREDGED AREA; PROVIDED THE PROPOSED 28 DREDGING IS IN THE PUBLIC INTEREST; AS PROPOSED BY 29 DEMETRIO BRID AND DUCK KEY COMMUNITY BENEFIT 30 INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR 31 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 32 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY 33 AND THE SECRETARY OF STATE; PROVIDING FOR 34 INCLUSION IN THE MONROE COUNTY LAND 35 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE 36 DATE. 37 38 39 WHEREAS, on the 16 day of May, 2018, at a regularly scheduled meeting, the Monroe 40 County Board of County Commissioners adopted Ordinance 010 -2018, amending the glossary to 41 include the definition of perimeter canal, amending Policy 202.4.3 and creating Policy 202.4.4 of 42 the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging within areas 43 vegetated with seagrass beds or characterized by hardbottom communities within the canals of 44 Duck Key (MM 61) in order to restore navigational access, limited to previously dredged canals, 45 not to exceed depths of greater than minus six feet MLW, provided there is no degradation of • 1 water quality or impact on surrounding benthic resources, requiring mitigation for impacts within 2 the dredged area, provided the proposed dredging is in the public interest; and 3 4 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030 5 Comprehensive Plan, amendments to the Land Development Code are necessary; and 6 7 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development 8 regulations to be consistent with and implement the Comprehensive Plan; and 9 10 WHEREAS, the proposed Land Development Code amendment is consistent with and 11 implements the adopted amendment to Policies 202.4.3 and 202.4.4 of the Comprehensive Plan; 12 and 13 14 WHEREAS, at a regularly scheduled meeting held on the 16 day of May, 2018, the 15 Monroe County Board of County Commissioners held a public hearing, considered the staff 16 report, and provided for public comment and public participation in accordance with the 17 requirements of state law and the procedures adopted for public participation in the planning 18 process; and 19 20 WHEREAS, based upon the documentation submitted and information provided in the 21 accompanying staff report, the BOCC makes the following Conclusions of Law: 22 23 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 24 Monroe County Year 2030 Comprehensive Plan; and 25 2. The proposed amendment is consistent with the Principles for Guiding Development 26 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 27 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; 28 and 29 4. The proposed amendment is necessary due to changed projections, new issues, 30 recognition of a need for additional detail or comprehensiveness, and data updates, as 31 required by Section 102 -158 of the Monroe County Code. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 35 36 Section 1. The Monroe County Land Development Code is hereby amended as follows 37 38 Sec. 101 -1 Definitions 39 Perimeter Canal means a manmade trench, the bottom of which is normally covered by 40 water with one of the upper edges of its sides normally above water and the other edge below 41 water. 42 43 * ** 44 1 Sec. 118-10. - Environmental design for specific habitat types. 2 In addition to the general criteria set forth in this chapter, specific criteria shall apply to 3 individual habitats as outlined in this section. 4 5 * ** 6 (d) Mangroves, wetlands, and submerged lands. 7 All structures developed, used or occupied on land classified as mangroves, wetlands or 8 submerged lands (all types and all levels of quality) shall be designed, located and 9 constructed such that: 10 11 * ** 12 13 3. Dredging. The following restrictions shall apply to dredging activities: 14 a. No new dredging shall be allowed in the county except as specified for boat ramps in 15 section 118 -12(1) (shoreline setback, boat ramps). 16 b. No maintenance dredging shall be permitted within areas vegetated with seagrass 17 beds or characterized by hard bottom communities except for maintenance dredging 18 in public navigation channels; in canal restoration projects pursuant to 19 Comprehensive Plan Policy 202.4.6; or in the manmade artificial canals of Duck Key 20 (MM 61), to restore navigational access obstructed by natural depositions, subject to 21 the requirements of Section 118- 10(d)(3)f.3. 22 c. In order to facilitate establishment and prevent degradation of bottom vegetation, 23 maintenance dredging in artificial waterways shall not exceed depths greater than six 24 feet at mean low water (MLW). This restriction does not apply to the entrance 25 channels into Key West Harbor and Safe Harbor. 26 d. All dredged spoil materials shall be placed on permitted upland sites designed and 27 located to prevent runoff of spoil material into wetlands or surface waters. 28 e. All dredge activities require approvals by the Florida Department of Environmental 29 Protection and the U.S. Army Corps of Engineers prior to issuance of a county 30 permit. 31 f. Exemptions: 32 1. Pursuant to Policy 202.4.7, canal restoration projects developed to determine the 33 effectiveness of water quality strategies of the Florida Keys National Marine 34 Sanctuary Water Quality Protection Program that meet the following criteria are 35 exempt from the restrictions in 118- 10(d)(3)b: 36 i. Projects are limited to previously dredged artificial canals characterized as 37 having poor or fair water quality within the 2013 Monroe County Canal 38 Management Master Plan; 39 ii. Projects are performed or funded by public entities (county, state, or federal) 40 for organic material removal; and 41 iii. Projects are backfilled to a depth of six to eight feet, or an alternative depth as 42 determined by best available scientific data and authorized by the state and 43 federal permitting agencies; and 44 iv. Hydraulic (vacuum) dredging shall be considered the preferred means of 45 removal of the organic material. If hydraulic dredging is not proposed to 46 accomplish the organic material removal, a public hearing before the board of • 1 county commissioners (BOCC) shall be required prior to issuance of a county 2 permit. 3 2. Pursuant to Policy 202.4.6, two (2) demonstration pilot canal restoration projects 4 to remove decomposing organic material from previously dredged artificial canals 5 (down to the bedrock) without backfilling will be performed and evaluated for 6 effectiveness. Water quality monitoring of these two organic removal pilot 7 projects shall be conducted at a two -year point of time and a ten -year point of 8 time after completion of the pilot projects, and a water quality report shall be 9 reviewed to determine the effectiveness in improving dissolved oxygen 1 concentrations, as identified in the surface water quality criteria in Chapter 62- 11 302.530, F.A.C., in the two organic removal pilot projects canals. 12 3. Pursuant to Comprehensive Plan Policies 202.4.3 and 202.4.4, maintenance 13 dredging of the manmade artificial canals within Duck Key (MM 61) for the 14 purpose of restoring navigational access is exempt from the restrictions in Section 1.5 118- 10(d)(3)b. if all of the following criteria are met: 16 i. Shoaling or natural deposition has obstructed or reduced reasonable access to 17 open water; 18 ii. The maintenance dredging cannot be used to dredge natural barriers (areas 19 that have not been previously dredged) separating canals from adjacent 20 wetlands and/or other surface waters; 21 iii. The maintenance dredging shall not exceed depths greater than minus six ( -6) 22 feet mean low water, or to the depths of refusal (rock), whichever is more 23 restrictive (e.g. the shallowest depth shall control); 24 iv. The maintenance dredging methodology shall not cause degradation of water 25 quality or secondary and /or cumulative impacts to surrounding benthic 26 resources; 27 v. Turbidity controls shall be used to prevent reduction of light availability to 28 seagrasses and increased sedimentation in adjacent surface waters and benthic 29 resources. 30 vi. The quantity of mitigation for seagrass/hardbottom community resource 31 impacts shall meet the requirements specified by the State of Florida's 32 Uniform Mitigation Assessment Method (UMAM); and 33 vii. The proposed maintenance dredging is in the "public interest" (for the 34 purposes of this policy, "public interest" means demonstrable environmental, 35 social, and economic benefits which would accrue to the public at large as a 36 result of a proposed action). The applicant shall be responsible for providing 37 justification that the proposed maintenance dredging is in the "public 38 interest." 39 40 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 41 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 42 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 43 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 44 provision immediately involved in the controversy in which such judgment or decree shall be 45 rendered. 46 1 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 2 this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 5 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 6 7 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State 8 of Florida but shall not become effective pursuant to Section 9 until a final order is issued 9 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration 10 Commission approving the ordinance, and if the final order is challenged, until the challenge to 11 the order is resolved pursuant to F.S. Chapter 120. 12 13 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance 14 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, 15 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the 16 uniform marking system of the Code. 17 18 Section 7. Effective Date. This ordinance shall become effective contingent on 19 effectiveness of the corresponding amendments to the Monroe County Year 2030 20 Comprehensive Plan and as provided by law and stated above. 21 22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 23 Florida, at a regular meeting held on the 16th day of May , 2018. 24 25 26 Mayor David Rice Yes 27 Mayor Pro Tem Sylvia Murphy yes 28 Commissioner Danny L. Kolhage Yes 29 Commissioner George Neugent Yes 30 6 .. Commissioner Heather Carruthers Yes 31 .�' '• 32 BOARD OF COUNTY COMMISSIONERS 33 ' OF MONROE COUNTY, FLORIDA 34 - 35 i = BY 36 Mayor David R 37 (SEAL) 38 39 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY ATTORNEY 40 APPR VEDAS TO FORM hA A1014tA 1 5 A1rif100 308 ut 42 DEPUTYCLERK .�3 .813 4?-1313 PETER MORRIS ASSISTANT COUNTY ATTORNEY iu :01 WV ZZ aril' $IQZ Date: OHO33H (. ItJ KEY WEST STATE OF FLORIDA The Roads Kaye Only Maly Naw, paper, Est. 1876 Cooke Communications, LLC 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 Iegalsakeysnews,com / Ate/9-e (2)7J Arc)0(i' "vidica INTERNET PUBLISHING – – keywest.com � t /„ I' n file(jii7/6— M �2/ / S keydakey s.co m flori X111 !i �T� <xVL f dakey.co key - west.com Web Design Services was published in said newspaper in the issue(s) of NEWSPAPERS k i% T/ [ • The Citizen l/// 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 Direct Mail heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second -class mail matter at the post office in Key FLORIDA KEYS OFFICES Printing / Main Facility West, in said Monroe County, Florida, for a period of 1 year next preceding 3420 Northside Drive the first publication of the attached copy of advertisement; and affiant further Key 330 West, FL says that he has neither paid nor promised any person, firm or corporation any Y P P Y p 1 P Y Tel 305- 292 -7777 discount, rebate, commission or refund for the purpose of securing this Fax 305 -294 -0768 citizen(a kevwest.com advertisement for publication in the .. • s . aper Internet Division - - _ Fax 305-292-1880 A�� / .4 Fax 305 - 294 -1699 ii I �( �i .ter sales @keywest.com IVgna of A Cant Upper Keys Office 91731 Overseas Hwy T5r, FL 33070 Tel el 30 305 -- 853 -7277 Sworn and subscribed before me this - q" - day ` da of 1 U y S. , 2018 v Fax 305 -853 -0556 freepress@floridakeys.com Notary Public: t3omelc • 546 Notary Public State ot Florida NIA 09/1812018 Commission No. FF 160325 Expires:0 (1. (Q • Zi , - Notary Seal Personally Known Produced Identification X 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 18, 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: 390 PM (or as soon thereafter as may be heard): MARINA INN CONDOMINIUM. 111. 121. 211. 311. 321. 411 dr 421 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 2678, PAGE 801, AS AFFECTED BY NOTICE OF QUIT CLAIM ASSIGNMENT OF DECLARANT'S 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 UNDMDED 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 ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONER$ AMENDING THE MONROE COUNTY COMPREHENSIVE PLAN TO INCLUDE THE DEFINTION OF PERIMETER CANAL IN THE GLOSSARY; AMENDING POUCY 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 MTIIGATION 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 CONFUCTING 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 QUAUTY 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 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: www.monroecounty- fl.gov 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: If 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) 2924441, between the hours of 8:30 a.m. - 500 p.m., no later than five (5) calendar days prior to the scheduled meeting; it you are hearing or voice impaired, call "711 ". be 28.2018 Key West Cie:a, 5003, J` j GOUgr \�t °N'∎ Kevin Madok CPA e lt � % q . ', s Clerk of the Circuit Court & Comptroller — Monroe County, Florida 1 o COUN -. June 22, 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. 011 -2018 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 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. (File #2016 -184). 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 Î×ÝÕ ÍÝÑÌÌ ÕÛÒ ÜÛÌÆÒÛÎ öÎÇØËÏÎË êØÚËØÉÜËÄÎ×êÉÜÉØ June 22, 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. 011-2018, which was filed in this office on June 22, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb[[327,2424,377,2481][12][,I,][Times New Roman]] Îò ßò Ù®¿§ Þ«·´¼·²¹ ëðð ͱ«¬¸ Þ®±²±«¹¸ ͬ®»»¬ Ì¿´´¿¸¿­­»»ô Ú´±®·¼¿ íîíççóðîëð  Ì»´»°¸±²»æ øèëð÷ îìëóêîéð ©©©ò¼±­ò­¬¿¬»òº´ò«­ Final Order No. DEO -18 -047 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY In re: 'A LAND DEVELOPMENT REGULATION ADOPTED BY MONROE COUNTY, FLORIDA, ORDINANCE NO. 011 -2018 FINAL ORDER APPROVING MONROE COUNTY ORDINANCE NO. 011-2018 The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 011 -2018 (the "Ordinance "). FINDINGS OF FACT 1. The Florida Keys Area is designated by Section 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 May 16, 2018, and rendered to the Department on July 20, 2018. 3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to allow maintenance dredging in areas vegetated with seagrass beds or characterized by hardbottom communities within canal restoration projects pursuant to the Monroe County Comprehensive Plan, and within the artificial canals of Duck Key to restore navigational access. 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. See §§ 380.05(6), .0552(9), Fla Stat. 1 Final Order No. DEO -18 -047 5. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations. 6. The Ordinance is consistent with . the Monroe County Comprehensive Plan generally, as required, by Section 163.3177(1), Florida Statutes, and specifically, with Policies 202.4.3 and 202.4.4. 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); .0552(9), Fla Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in Section 380:0552(7), Florida Statutes. 8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically complies with the following: (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) Protecting shoreline and marine resources, including mangroves, coral reef formations; seagrass beds, wetlands, fish and wildlife, and their habitat. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 011 -2018 is consistent with the Monroe County Comprehensive Plan and Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED. 2 Final' Order No. DEO -18 -047 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. L, _ _ _ _A Jai l.s D . Stansbury, Chief r- of eau of Community Planning and Growth epartment of Economic Opportunity 3 Final Order No. DEO -18 -047 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. . 4 Final Order No. DEO -18 -047 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 \V=! day of So ftecnbef , 2018. • Agenc Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 By U.S. Mail: The Honorable David Rice Mayor; Monroe County PO Box 1980 Key West, Florida 33041 Kevin Madok, Clerk Monroe County Board of County Commissioners PO Box 1980 Key West, Florida 33041 5