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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. P. 1 of 2 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 P. 2 of 2 Draft Ordinance - Exhibit A 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 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 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 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 Page 2 of 5 Draft Ordinance - Exhibit A 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 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 Page 3 of 5 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. 4 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. 20 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. 28 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. 33 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. 37 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. 42 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. 46 Ord. No. -2014 Page 4 of 5 Draft Ordinance - Exhibit A 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 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 Page 5 of 5