Resolution 258-2014MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 258- 2014
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 2010 COMPREHENSIVE PLAN CREATING POLICY
202.8.6 TO ALLOW THE IMPLEMENTATION OF CANAL
RESTORATION PROJECTS BY PUBLIC ENTITIES (COUNTY, STATE
OR FEDERAL) WHICH INCLUDE THE REMOVAL OF ORGANIC
MATERIAL BY MAINTENANCE DREDGING FROM 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.
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.
163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the transmittal of the requested text amendment;
NOW THERFORE, 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 review of the proposed text amendment.
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Section 2. 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 3. 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 17th day of October, 2014.
Mayor Sylvia Murphy t!S
Mayor Pro Tern Danny Kolhage
Commissioner Heather Carruthers yes
Commissioner George Neugent y is
Commissioner David Rice ` 'c
BOARD OF COUNTY COMMISSIONERS OF 1MONROE glU.NTY, FLORIDA
r
r
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
yor Sylvi
MONROE COUNTY TTORNEY
W
i'T ORNEY
Dat6
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Draft Ordinance - Exhibit A
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ORDINANCE - 2014
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN, CREATING POLICY 202.8.6 TO ALLOW
THE IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY
PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH
INCLUDE THE REMOVAL OF ORGANIC MATERIAL BY
MAINTENANCE DREDGING FROM 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 COMPREHENSIVE PLAN; 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. -2014
Page 1 of 5
Draft Ordinance - Exhibit A
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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`h day of August, 2014, the Monroe
County Development Review Committee considered the proposed amendment; and
WHEREAS, at a regularly scheduled meeting held on the 27th 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 17th day of September, the Monroe
County Board of County Commissioners held a public hearing, considered the staff report, and
provided for public comment and public participation in accordance with the requirements of state
law and the procedures adopted for public participation in the planning process, and recommended
revisions to the proposed amendment 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 17th day of October, the Monroe
County Board of County Commissioners held a public hearing, considered the staff report,
additional information clarification from staff and provided for public comment and public
participation in accordance with the requirements of state law and the procedures adopted for
public participation in the planning process, and
WHEREAS, at a regularly scheduled meeting held on the 17th day of October, the Monroe
County Board of County Commissioners repealed Resolution Number 210a - 2014 and considered
a clarified proposed 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, 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, on , the State Land Planning Agency issued its Objections,
Recommendations, and Comments (ORC) report. The ORC report
states ; and
WHEREAS, as a response to the ORC Report, Monroe County
Ord. No. -2014
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Draft Ordinance - Exhibit A
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sectionl. The Monroe County 2010 Comprehensive Plan is amended as follows:
(Deletions are str•ie1en thr-o and additions are underlined.)
Objective 202.8
Monroe County shall adopt maintain Land Development Regulations
which implement county policies preventing the continued loss of benthic resources,
improving water quality and controlling pollutant discharges into surface waters from dredge
and fill activities.
Policy 202.8.1
Monroe County shall support state and federal policies and regulations concerning the
permitting of dredge and fill activity, except in those instances where more stringent
regulations adopted by Monroe County shall be maintained.
Policy 202.8.2
No new dredging shall be permitted in Monroe County.
Policy 202.8.3
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
characterized by hardbottom communities, except for maintenance in public navigation
channels.
Policy 202.8.4
In order to facilitate establishment and prevent degradation of bottom vegetation, maintenance
dredging in artificial waterways shall not exceed depths greater than minus six (-6) feet mean
low water. This policy does not apply to the entrance channels into Key West Harbor and Safe
Harbor.
Policy 202.8.5
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland
sites where drainage can be contained on -site.
Policy 202.8.6
Due to the physical structure, depth, and orientation of existing canals, water quality problems
have been caused which cannot be improved with wastewater treatment and stormwater
management practices alone. To implement the 2013 Monroe County Canal Management
Master Plan and improve water quality in artificial canals, the County is developing canal
restoration projects to improve tidal flushing, increase dissolved oxygen concentrations as
identified in the surface water quality criteria in Ch. 62-302.530, F.A.C., and remove
accumulated nutrients and decomposing organic material. Canal restoration projects,
developed to determine the effectiveness of water quality strategies of the Florida Keys
National Marine Sanctuary Water Quality Protection Program, which are performed or funded
by public entities (County, State, or Federal) for organic material removal and backfilled to a
depth of 6ft - 8ft, or an alternative depth as determined by best available scientific data and
Ord. No. -2014
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Draft Ordinance - Exhibit A
1 authorized by the state and federal permitting agencies, from artificial canals characterized as
2 having poor or fair water quality within the 2013 Monroe County Canal Management Master
3 Plan are exempt from the provisions in Policy 202.8.4.
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5 Two (2) demonstration pilot canal restoration projects will remove decomposing organic
6 material from previously dredged artificial canals (down to the bedrock) without backfilling_
7 To evaluate the effectiveness of this removal strategy, without any backfilling, and to
8 determine if water quality can be restored and maintained, water quality monitoring of these
9 two (2) organic removal pilot projects shall be conducted at a two (2) year point of time and a
10 ten (10) year point of time after completion of the pilot projects. After the two (2) year and ten
11 (10) year monitoring, the County shall request a water quality report from the Water Quality
12 Protection Program_(WQPP) to determine the pilot projects' effectiveness in improving
13 dissolved oxygen concentrations, as identified in the surface water quality criteria in Ch. 62-
14 302.530, F.A.C., in the two (2) organic removal pilot projects canals. If the WOPP does not
15 provide the water quality report, the County shall fund and conduct the water quality report. If
16 the water quality report for the two (2) year monitoring indicates improved water quality,
17 additional canal restoration projects, beyond the two (2) pilot projects, to perform organic
18 material removal to depths greater than minus six (-6) feet mean low water without backfilling
19 to 6ft-8ft may proceed.
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21 Upon determination of the two (2) pilot projects' effectiveness and an amendment to this
22 Policy, the exemption to the provisions in Policy 202.8.4 may be expanded beyond public
23 entities County, State, or Federal, for organic material removal of previously dredged artificial
24 canals characterized as having poor or fair water quality within the 2013 Monroe County Canal
25 Management Master Plan. The organic material removal shall be allowed to depths greater
26 than minus six (-6) feet mean low water, if permitted by Florida Department of Environmental
27 Protection or the Water Management District and the Army Corp of Engineers.
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29 For this policy, hydraulic (vacuum,) dredging shall be considered the preferred means of
30 removal of the organic material. If hydraulic dredging is not proposed to accomplish the
31 organic material removal, a public hearing before the Board of County Commissioners shall be
32 required prior to issuance of a county permit.
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34 Policy 202.8:6.7
35 No "after -the -fact" permits shall be issued that violate Monroe County dredge and fill
36 regulations. All illegal structures and fill shall be removed and damages mitigated.
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38 Policy 202.8-.7.8
39 Monroe County shall develop a schedule of monetary penalties that provides for fair and
40 equitable penalties for all dredge and fill violations. Penalty revenues obtained from these
41 violations shall be set aside and used specifically for water quality enhancement projects.
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43 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
44 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by
45 such validity.
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Ord. No. -2014
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Draft Ordinance - Exhibit A
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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.
Section 4. Transmittal. This ordinance shall be transmitted by the Planning and
Environmental Resources Department 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 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, and
if challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2014.
Mayor Sylvia Murphy
Mayor Pro Tern Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
Mayor Sylvia Murphy
MONROE COUNTY ATTORNEY
ROVED AS P FORM:
--- 1.;-
STEVEN T. WILLIAMS
ASSISTANT COUNTY AORNE
Date Io -2 —/
Ord. No. -2014
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