Item Q4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: Q.4
Agenda Item Summary #4129
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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 (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
42016 -184)
ITEM BACKGROUND:
Demetrio Brid and Duck Key Community Benefit are proposing a Land Development Code text
amendment 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, provided certain conditions are met.
In 2014, as part of the 2030 Comprehensive Plan EAR -based update project, the BOCC directed
staff to develop Comprehensive Plan text amendments regarding maintenance dredging at the mouth
of a canal to restore navigational access. In the final stages of the comp plan update project, the
BOCC directed staff to not include the amendments regarding maintenance dredging.
On January 20, 2016, at a regularly scheduled BOCC meeting, there was a discussion item on the
agenda regarding "text amendments to allow maintenance dredging in canals with seagrasses to
maintain navigability," as a follow -up to an October 21, 2015, Sounding Board discussion. Staff
presented draft amendment language during the January 20, 2016, discussion item and the BOCC
provided 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.
The currently proposed amendment was reviewed by the Monroe County Planning Commission
(PC) on August 30, 2017, and the PC recommended approval through Resolution P32 -17.
The proposed text amendment is consistent with the corresponding proposed Comprehensive Plan
text amendment, which was transmitted by the BOCC to the State for review by DEO on December
13, 2017, and is also scheduled for consideration by the BOCC for adoption at the May 16, 2018
regular meeting.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 12/10/14 (Comp Plan Update meeting) — BOCC directed staff to develop a text amendment
to allow maintenance dredging at the mouth of a canal to restore navigational access.
BOCC 7/23/14 (Comp Plan Update meeting) — BOCC recommended maintaining the proposed
amendment regarding dredging in the 2030 Comprehensive Plan update draft.
BOCC 10/7/14 — (Comp Plan Update meeting) — BOCC directed deletion of the proposed
amendments relating to maintenance dredging at the mouth (entrance) of a canal.
BOCC 10/21/15 — Sounding Board item regarding Duck Key Property Owner's Association
concerns regarding decreasing water quality and accessibility in the renowned free flowing
waterways that intersect the five islands that compromise Duck Key. BOCC directed staff to bring
back potential options for BOCC discussion.
BOCC 1/20/16 — Discussion item (agenda item 12) regarding text amendments to allow maintenance
dredging in canals with seagrasses to maintain navigability. Staff provided draft potential
amendment language. BOCC provided direction regarding favorable and unfavorable portions of the
potential amendment, and changes to draft language.
BOCC 12/13/2017 — BOCC adopted Resolution 362 -2017 transmitting the proposed ordinance
amending the Monroe County 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 the State of Florida for
review by the Department of Economic Opportunity (DEO).
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendments.
DOCUMENTATION:
Ordinance - Duck Key Dredge - LDC Amendments
Staff Report - Duck Key Dredging LDC amendment
Exhibit 1 to staff report - DKPOA Handout
Exhibit 2 to staff report - Discussion Item 12 and transcript
Exhibit 3 to staff report - PC Reso.P32 -17
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Emily Schemper
Completed
04/13/2018 5:07 PM
Steve Williams
Completed
04/16/2018 2:07 PM
Jaclyn Carnago
Completed
04/17/2018 9:32 AM
Budget and Finance
Skipped
04/13/2018 11:19 AM
Maria Slavik
Skipped
04/13/2018 11:19 AM
Christine Hurley
Completed
04/17/2018 9:41 AM
Kathy Peters
Completed
04/20/2018 9:00 AM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
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38 WHEREAS, on the 16` day of May, 2018, at a regularly scheduled meeting, the Monroe
39 County Board of County Commissioners adopted Ordinance 2018, amending the glossary to
40 include: the definition of perimeter canal, amending Policy 202.4.3 and creating Policy 202.4.4 of
41 the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging within areas
42 vegetated with seagrass beds or characterized by hardbottom communities within the canals of
43 duck Key (MM 61) in order to restore navigational access, limited to previously dredged canals,
44 not to exceed depths of greater than minus six feet ML,W, provided there is no degradation of
45 water quality or impact on surrounding benthic resources, requiring mitigation for impacts within
46 the dredged area, provided the proposed dredging is in the public interest; and
Ord -2018
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38 WHEREAS, on the 16` day of May, 2018, at a regularly scheduled meeting, the Monroe
39 County Board of County Commissioners adopted Ordinance 2018, amending the glossary to
40 include: the definition of perimeter canal, amending Policy 202.4.3 and creating Policy 202.4.4 of
41 the Monroe County Year 2030 Comprehensive Plan to allow maintenance dredging within areas
42 vegetated with seagrass beds or characterized by hardbottom communities within the canals of
43 duck Key (MM 61) in order to restore navigational access, limited to previously dredged canals,
44 not to exceed depths of greater than minus six feet ML,W, provided there is no degradation of
45 water quality or impact on surrounding benthic resources, requiring mitigation for impacts within
46 the dredged area, provided the proposed dredging is in the public interest; and
Ord -2018
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1 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
2 Comprehensive Plan, amendments to the Land Development Code are necessary; and
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4 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
5 regulations to be consistent with and implement the Comprehensive Plan; and
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7 WHEREAS, the proposed Land Development Code amendment is consistent with and
8 implements the adopted amendment to Policies 202.4.3 and 202.4.4 of the Comprehensive Plan;
9 and
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11 WHEREAS, at a regularly scheduled meeting held on the 16` day of May, 2018, the
12 Monroe County Board of County Commissioners held a public hearing, considered the staff
13 report, and provided for public comment and public participation in accordance with the
14 requirements of state law and the procedures adopted for public participation in the planning
15 process; and
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17 WHEREAS, based upon the documentation submitted and information provided in the
18 accompanying staff report, the BOCC makes the following Conclusions of Law;
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20 1. The proposed amendment is consistent with the foals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development
23 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
24 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
25 and
26 4. The proposed amendment is necessary due to changed projections, new issues,
27 recognition of a need for additional detail or comprehensiveness, and data updates, as
28 required by Section 102 -158 of the Monroe County Code.
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30 NOW, THEREFORE, E IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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33 Section 1. The Monroe County Land Development Code is hereby amended as follows
34 (Deletions are shown st -iekea t r ou h; additions are shown underlined
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36 Seca 101 -1 Definitions
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38 Perini ter Canal means a manmade trench, the bottom of which is normally covered by
39 water with one of the upper edges of its sides normally above water and the ether edge below
40 water.
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I Sec. 118 -10. - Environmental design for specific c 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.
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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:
3. Dredging. The following restrictions shall apply to dredging activities:
a. No new dredging shall be allowed in the county except as specified for boat ramps in
section 118 -12(1) (shoreline setback, boat ramps).
b. No maintenance dredging shall be permitted within areas vegetated with seagrass
beds or characterized by hard bottom communities except for maintenance dredging
in public navigation channels; in canal restoration rojects pursuant to
Corn rehensive Plan Policy 202.4.6 or in the manmade artificial canals of Duck Ike
(MM 61), to restore navigational access obstructed by natural depositions subject to
the requirements of Section 1.18- 10(d)Q)f.3.
c. In order to facilitate establishment and prevent degradation of bottom vegetation,
maintenance dredging in artificial waterways shall not exceed depths greater than six
feet at mean low water (MLW). This restriction does not apply to the entrance
channels into Ivey West Harbor and ,Safe Harbor.
d. All dredged spoil materials shall be placed on permitted upland sites designed and
located to prevent runoff of spoil material into wetlands or surface waters.
e. All dredge activities require approvals by the Florida Department of Environmental
Protection and the U.S. Army Corps of Engineers prior to issuance of a county
permit.
f. Exemptions:
1. Pursuant to Policy 202.4.7, canal restoration projects developed to determine
the effectiveness of water quality strategies of the Florida Keys National Marine
Sanctuary Water Quality Protection Program that meet the following criteria are
exempt from the restrictions in 118- 1 0(d)(3)b:
i. Projects are limited to previously dredged artificial canals characterized as
having poor or fair water quality within the 2013 Monroe County Canal
Management Master Plan;
ii. Projects are performed or funded by public entities (county, state, or federal)
for organic material removal, and
iii. Projects are backfilled to a depth of six to eight feet, or an alternative depth as
determined by best available scientific data and authorized by the state and
federal permitting agencies; and
iv. 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
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county commissioners (BOCC) shall be required prior to issuance of a county
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permit.
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2. Pursuant to Policy 202. two (2) demonstration pilot canal restoration
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projects to remove decomposing organic material from previously dredged
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artificial canals (down to the bedrock) without backfilling will be performed and
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evaluated for effectiveness. Water quality monitoring of these two organic
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removal pilot projects shall be conducted at a two -year point of time and a ten-
year point of time after completion of the pilot projects, and a water quality report
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shall be reviewed to determine the effectiveness in improving dissolved oxygen
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concentrations, as identified in the surface water quality criteria in Chapter 62-
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302.530, F.A.C., in the two organic removal pilot projects canals.
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3. Pursuant to Comprehensive Plan Policies 202.4 .3 and 202.4.4, maintenance
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dredging of the manmade artificial canals within buck lie MM 61 for the
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pui ose of restoring navigational access is exempt from the restrictions in Section
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118- 10(4)(3)b. if all of the following criteria are met:
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J. Shoaling or natural deposition has obstructed or reduced reasonable access to
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open water;
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ii. The maintenance dredging cannot be used to dredge natural barriers (areas
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that have not been previously dredged) separating canals from adjacent
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wetlands and /or other surface waters
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iii. The maintenance dredging shall not exceed depths greater than minus six ( -6)
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feet mean low water, or to the depths of refusal (rock) whichever is more
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restrictive (e.g. the shallowest depth shall control)'
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iv. The maintenance dredging methodolo y shall not cause degradation of water
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Qualitv or secondary and /or cumulative impacts to surrounding benthic
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resources;
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v. Turbidity controls shall be used to prevent reduction of light availability to
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seagrasses and increased sedimentation in adjacent surface waters and benthic
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resources.
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vi. The quantity of mitigation for seagrass /hardbottom community resource
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impacts shall meet the requirements specified by the State of Florida's
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Uniform Mitigation Assessment Method (UMAM); and
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vii. The proposed maintenance dredging is in the "public interest" (for the
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purposes of this policy, "public interest" paeans demonstrable environmental
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social, and economic benefits which would accrue to the public at large as a
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result of a proposed action). The applicant shall be responsible for providin
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justification that the proposed maintenance dredging is in the "public
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interest."
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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.
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I 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.
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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).
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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
I 1 the order is resolved pursuant to F.S. Chapter 120.
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13 Section _6. _Inclrusion in the Monroe County Cade, 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.
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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.
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22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
23 Florida, at a regular meeting held on the day of 2018,
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26 Mayor David Rice
27 Mayor Pro Tee Sylvia Murphy
28 Commissioner Danny L. Kolhage
29 Commissioner George Neu gent
30 Commissioner Heather Carruthers
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32 BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLORIDA
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35 BY
36 Mayor David Rice
37 (SEAL)
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39 ATTEST: KEVIN MADOK, CLERK
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41
IVE AS T' CR
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;T a N': 0(jATTORNEY
Ord -2018
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Subject: 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 (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)
Meeting: May 16, 2018
30 I. REQUEST
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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 Land Development Code (LDC) to amend §118 -10 - Environmental Design for Specific
Habitat Types - to allow maintenance dredging adjacent to Duck Key. The Applicant's current
proposed language (received by Staff on August 11, 2017) requests amendments to include the
definition of Perimeter Canal in LDC §101 -1; and to amend §118 -10 to allow maintenance dredging
within areas vegetated with seagrass beds or characterized by hardbottom communities within canals
of Duck Key (mm 61) in order to restore navigational access, provided certain conditions are met.
The Applicant has also requested a corresponding Comprehensive Plan text amendment (File #2016-
183). The subject of this staff report is the proposed Land Development Code text amendment.
Formatted: Centered
File 2016 -184 Page 1 of 19
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MEMORANDUM
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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
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We strive to be caring, professional and fair
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To:
Monroe County Board of County Commissioners
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Through:
Emily Schemper, AICP, CFM, Acting Senior Director of Planning and Environmental
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Resources
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From:
Cheryl Cioffari, AICP, Principal Planner
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Date:
April 13, 2018
Subject: 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 (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)
Meeting: May 16, 2018
30 I. REQUEST
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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 Land Development Code (LDC) to amend §118 -10 - Environmental Design for Specific
Habitat Types - to allow maintenance dredging adjacent to Duck Key. The Applicant's current
proposed language (received by Staff on August 11, 2017) requests amendments to include the
definition of Perimeter Canal in LDC §101 -1; and to amend §118 -10 to allow maintenance dredging
within areas vegetated with seagrass beds or characterized by hardbottom communities within canals
of Duck Key (mm 61) in order to restore navigational access, provided certain conditions are met.
The Applicant has also requested a corresponding Comprehensive Plan text amendment (File #2016-
183). The subject of this staff report is the proposed Land Development Code text amendment.
Formatted: Centered
File 2016 -184 Page 1 of 19
1 II. BACKGROUND INFORMATION
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Duck Key is located at mile marker 61 along the Overseas Highway, between the City of Marathon
and Long Key. The island is the site of Hawk's Cay Resort, which has a Land Use District (Zoning)
Map designation of Destination Resort (DR); as well as approximately 660 parcels of land with
Zoning designations of Improved Subdivision (IS), of which approximately 370 are developed with
single family dwellings or duplexes. The proposed amendments would affect waterways within and
adjacent to Duck Key. The Applicant, Demetrio Brid, is a property owner on Duck Key.
Previous Relevant BOCC Action and Direction
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.
File 2016 -184 Page 2 of 19
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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. At that time, the BOCC recommended maintaining the proposed
amendment in the 2030 Comprehensive Plan update draft.
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. The BOCC directed deletion of the proposed amendments relating to
maintenance dredging at the mouth (entrance) of a canal.
BOCC Sounding Board:
On October 21, 2015, at a regularly scheduled BOCC meeting, there was a Sounding Board item to
"speak to the County Commissioners in regards to Duck Key Property Owner's Association
concerns regarding decreasing water quality and accessibility in the renowned free flowing
waterways that intersect the five islands that compromise Duck Key" by Sherry Popham. Ms.
Popham, representing Duck Key residents and Duck Key Property Owner's Association, provided a
hand -out to the BOCC regarding Duck Key Canal Restoration (attached as Exhibit 1) which
identified eight areas in Duck Key that have silted up to less than 5ft of depth at low tide. Ms.
Popham noted that no appreciable maintenance has been performed since construction of the canals
60+ years ago. Ms. Popham described the canal system as free - flowing, teaming with sea life and
seagrass, and with good water quality. Ms. Popham also described the creation of an attractive
nuisance with the white sand deposition in the entrance canal (described in the hand -out as Area F),
creating a white sandy beach within the canal. The movement of deposits of sand from storm events,
water quality, property value impacts and navigability issues were mentioned. The Duck Key
residents, represented by Ms. Popham, asked the BOCC to consider modifying the current County
prohibitions that prevent the restoration of the canals (i.e. to allow maintenance dredging where there
are seagrasses and hardbottom communities). Duck Key representatives have reviewed the various
governmental agency requirements and noted that they believe the requirements of the state and
federal agencies can be met but cannot move forward with the County's prohibition on maintenance
dredging in areas with seagrass beds or characterized by hardbottom communities.
The BOCC discussed the possibility of a specific Comprehensive Plan amendment to address canal
maintenance and asked County staff to bring back potential options (not to open uncontrolled
dredging or to allow the creation of new canals) for BOCC discussion.
BOCC Discussion Item:
On January 20, 2016, at a regularly scheduled BOCC meeting, there was a discussion item on the
agenda regarding "text amendments to allow maintenance dredging in canals with seagrasses to
maintain navigability," as a follow -up to the October 21, 2015 Sounding Board discussion. Staff
provided the BOCC with a potential 2010 Comprehensive Plan and Land Development Code
amendment option based on the October 21, 2015 BOCC discussion, and also recommended that the
Duck Key residents submit an application for such text amendments (the Agenda Item and a full
transcript of the discussion is attached as Exhibit 2).
As part of the discussion, Staff pointed out the distinction between canals, channels, basins, and
open water, and applied the definitions to each area that had been identified by Duck Key property
File 2016 -184
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owners for potential maintenance dredging during the October 21, 2015 Sounding Board discussion.
Staff's potential text amendment language included provisions to allow maintenance dredging in
areas with benthic resources within canals only provided certain conditions are met, such as: no
maintenance dredging of natural barriers (no new dredging); maximum of depth of -6 feet mean low
water or depth of refusal (hit rock); methodology does not degrade the water quality or cause other
impacts to benthic communities; must provide turbidity controls to protect surrounding water
quality; must provide mitigation as required by state agencies; and the applicant has to provide
justification that it is within the public interest. Staff's original potential text amendment language as
presented at the January 20, 2016 meeting is included in Exhibit 2.
During the discussion, the BOCC considered potentially including perimeter canals as a type of
waterway allowed to maintenance dredge under the text amendment language presented by Staff.
Staff's proposed definition for perimeter canal was: 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.
David Williamson, a property owner from Duck Key, addressed the BOCC and clarified that the
property owners were not proposing to dredge any of the areas shown on the map that qualify as
channels, basins, or open water.
Another member of the public addressed the BOCC and requested that the phrase "...to restore
navigational access due to storm depositions... " be changed to say "... to restore navigational access
due to sedimentary depositions... " in order to address bay side canals that have deposits of non-
storm related muck.
The BOCC gave the following direction at the January 20, 2016 meeting:
• 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.
Existing Adopted 2030 Comprehensive Plan Policies and LDC Regulations
2030 Comprehensive Plan:
CP Glossary:
Canal means a manmade trench, the bottom of which is normally covered by water with the
upper edges of its sides normally above water.
File 2016 -184
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Channel means a trench, the bottom of which is normally covered entirely by water, with the
upper edges of its sides normally below water.
Dredging means excavation below water level or in wetlands.
Maintenance Dredging means the removal of shoaling and /or sedimentation in channels, basins,
canals, and harbors necessary to return such areas to their previous configurations, dimensions
and depths. Maintenance dredging is subject to specific conditions and limitations (e.g., natural
resource restrictions and dredged spoil disposal methods).
Public Navigation Channel means a channel that was constructed or is maintained by a public
entity, such as a federal or State agency, Monroe County or other local government for the
purpose of transporting people or goods for commerce, recreation or other purposes.
Objective 202.4
Monroe County shall maintain Land Development Regulations which implement county policies
controlling pollutant discharges into surface waters from dredge and fill activities.
Policy 202.4.1
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.
23 Policy 202.4.2
24 No new dredging shall be permitted in Monroe County.
25
26 Policy 202.4.3
27 No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
28 characterized by hardbottom communities, except for maintenance in public navigation channels.
Policy 202.4.4
In order to 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 202.4.5
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites
where drainage can be contained on -site.
39 Policy 202.4.6
40 Due to the physical structure, depth, and orientation of existing canals, water quality problems have
41 been caused which cannot be improved with wastewater treatment and stormwater management
42 practices alone. To implement the 2013 Monroe County Canal Management Master Plan and
43 improve water quality in artificial canals, the County is developing canal restoration projects to
44 improve tidal flushing, increase dissolved oxygen concentrations as identified in the surface water
45 quality criteria in Ch. 62- 302.530, F.A.C., and remove accumulated nutrients and decomposing
46 organic material.
File 2016 -184 Page 5 of 19
2 Canal restoration projects, developed to determine the effectiveness of water quality strategies of the
3 Florida Keys National Marine Sanctuary Water Quality Protection Program, which are performed or
4 funded by public entities (County, State, or Federal) for organic material removal and backfilled to a
5 depth of 6ft - 8ft, or an alternative depth as determined by best available scientific data and
6 authorized by the state and federal permitting agencies, from artificial canals characterized as having
7 poor or fair water quality within the 2013 Monroe County Canal Management Master Plan are
8 exempt from the provisions in Policy 202.8.4.
9
10 Two (2) demonstration pilot canal restoration projects will remove decomposing organic material
11 from previously dredged artificial canals (down to the bedrock) without backfilling. To evaluate the
12 effectiveness of this removal strategy, without any backfilling, and to determine if water quality can
13 be restored and maintained, water quality monitoring of these two (2) organic removal pilot projects
14 shall be conducted at a two (2) year point of time and a ten (10) year point of time after completion
15 of the pilot projects. After the two (2) year and ten (10) year monitoring, the County shall request a
16 water quality report from the Water Quality Protection Program (WQPP) to determine the pilot
17 projects' effectiveness in improving dissolved oxygen concentrations, as identified in the surface
18 water quality criteria in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals.
19 If the WQPP does not provide the water quality report, the County shall fund and conduct the water
20 quality report. If the water quality report for the two (2) year monitoring indicates improved water
21 quality, additional canal restoration projects, beyond the two (2) pilot projects, to perform organic
22 material removal to depths greater than minus six ( -6) feet mean low water without backfilling to
23 6ft -8ft may proceed.
24
25 Upon determination of the two (2) pilot projects' effectiveness and an amendment to this Policy, the
26 exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities (County,
27 State, or Federal) for organic material removal of previously dredged artificial canals characterized
28 as having poor or fair water quality within the 2013 Monroe County Canal Management Master
29 Plan. The organic material removal shall be allowed to depths greater than minus six ( -6) feet mean
30 low water, if permitted by Florida Department of Environmental Protection or the Water
31 Management District and the Army Corp of Engineers.
32
33 For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of removal of
34 the organic material. If hydraulic dredging is not proposed to accomplish the organic material
35 removal, a public hearing before the Board of County Commissioners (BOCC) shall be required
36 prior to issuance of a county permit. The BOCC shall hold a public hearing on the request to use an
37 alternative dredging methodology and shall consider the cost, rationale, compatibility, complications
38 and public comments. The public hearing shall provide the applicant the opportunity to address the
39 issues regarding the proposed canal restoration project, including but not limited to, sediment size,
40 logistical/accessibility limitations, obstructions and /or equipment constraints. The BOCC may grant,
41 grant with conditions or deny the request to use an alternative dredging methodology.
42
43 Policy 202.4.7
44 No "after- the - fact" permits shall be issued that violate Monroe County dredge and fill regulations.
45 All illegal structures and fill shall be removed and damages mitigated.
46
File 2016 -184 Page 6 of 19
Land Development Code:
Sec. 101 -1. Definitions.
Canal means a manmade trench, the bottom of which is normally covered by water with the
upper edges of its sides normally above water.
Channel means a trench, the bottom of which is normally covered entirely by water, with the
upper edges of its sides normally below water.
Dredging means excavation below water level or in wetlands.
Maintenance dredging means the removal of shoaling and /or sedimentation in channels, basins,
canals, and harbors necessary to return such areas to their previous configurations, dimensions
and depths. Maintenance dredging is subject to specific conditions and limitations (e.g., natural
resource restrictions and dredged spoil disposal methods).
Public interest means demonstrable environmental, social, and economic benefits which would
accrue to the public at large as a result of a proposed action.
Sec. 118 -10. Environmental Design for Specific Habitat Types.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual
habitats as outlined in this Section.
24 (d) Mangroves, wetlands, and submerged lands. All structures developed, used or occupied on land
25 classified as mangroves, wetlands or submerged lands (all types and all levels of quality) shall be
26 designed, located and constructed such that:
27 (1) Generally. Only docks and docking facilities, boat ramps, walkways, water access walkways,
28 water observation platforms, boat shelters, nonenclosed gazebos, riprap, seawalls, bulkheads, and
29 utility pilings shall be permitted on or over mangroves, wetlands, and submerged lands, subject
30 to the specific restrictions of this subsection. Trimming and /or removal of mangroves shall meet
31 Florida Department of Environmental Protection requirements.
32 (2) Protection of circulation patterns. Shoreline structures shall be designed to protect tidal flushing
33 and circulation patterns.
34 (3) Dredging. The following restrictions shall apply to dredging activities:
35 a. No new dredging shall be allowed in the County except as specified for boat ramps in Section
36 118 -12(1) (shoreline setback, boat ramps).
37 b. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
38 characterized by hard bottom communities except for maintenance dredging in public
39 navigation channels.
40 C. In order to facilitate establishment and prevent degradation of bottom vegetation, maintenance
41 dredging in artificial waterways shall not exceed depths greater than six feet at mean low water
42 (MLW). This restriction does not apply to the entrance channels into Key West Harbor and
43 Safe Harbor.
44 d. All dredged spoil materials shall be placed on permitted upland sites designed and located to
45 prevent runoff of spoil material into wetlands or surface waters.
File 2016 -184 Page 7 of 19
I
e.
All such projects shall require approval by the Florida Department of Environmental Protection
2
and the U.S. Army Corps of Engineers prior to the commencement of development or
3
construction and /or prior to the issuance of a County `Notice to Proceed.'
4
f
Exemptions:
5
1. Pursuant to Policy 202.8.6, canal restoration projects developed to determine the
6
effectiveness of water quality strategies of the Florida Keys National Marine Sanctuary
7
Water Quality Protection Program that meet the following criteria are exempt from the
8
restrictions in 118- 10(d)(3)b:
9
i. Projects are limited to previously dredged artificial canals characterized as having
10
poor or fair water quality within the 2013 Monroe County Canal Management Master
11
Plan.
12
ii. Projects are performed or funded by public entities (county, state, or federal) for
13
organic material removal; and
14
iii. Projects are backfilled to a depth of six to eight feet (6ft - 8ft), or an alternative
15
depth as determined by best available scientific data and authorized by the state and
16
federal permitting agencies; and
17
iv. Hydraulic (vacuum) dredging shall be considered the preferred means of removal of
18
the organic material. If hydraulic dredging is not proposed to accomplish the organic
19
material removal, a public hearing before the Board of County Commissioners (BOCC)
20
shall be required prior to issuance of a County permit.
21
2. Pursuant to Policy 202.8.6, two (2) demonstration pilot canal restoration projects to
22
remove decomposing organic material from previously dredged artificial canals (down to
23
the bedrock) without backfilling will be performed and evaluated for effectiveness. Water
24
quality monitoring of these two (2) organic removal pilot projects shall be conducted at a
25
two- (2) year point of time and a ten- (10) year point of time after completion of the pilot
26
projects, and a water quality report shall be reviewed to determine the effectiveness in
27
improving dissolved oxygen concentrations, as identified in the surface water quality
28
criteria in Ch. 62- 302.530, F.A.C., in the two (2) organic removal pilot projects canals.
29
(4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged lands
30
except:
31
a.
As specifically allowed by this Section or by Section 118 -12(k) (Bulkheads, Seawalls, Riprap)
32
and 118 -12(1) (Boat Ramps);
33
b.
To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat basin or
34
swimming pool if the County Biologist determines that such filling will not have a significant
35
adverse impact on marine or wetland communities;
36
C.
As needed for shoreline stabilization or beach renourishment projects with a valid public
37
purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined by
38
the County Biologist;
39
d.
For bridges extending over salt marsh and /or buttonwood association wetlands that are
40
required to provide automobile or pedestrian access to lawfully established dwelling units
41
located on upland areas within the same property for which there is no alternate means of
42
access. Such bridges shall be elevated on pilings so that the natural movement of water,
43
including volume, rate and direction of flow shall not be disrupted or altered; or
44
e.
As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with appropriate
45
mitigation as defined by the wetland regulations of subsection (e)(6) of this Section.
File 2016 -184 Page 8 of 19
(5) After - the -fact exclusion. No after - the -fact permits shall be issued that violate the County dredge
and filling regulations. All fill shall be removed and all damages mitigated.
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Relevant Definitions from Florida Administrative Code and Florida Statute
Florida Department of Environmental Rule 18- 21.003, F.A.C., provides definitions for private
and public channel, as follows:
Rule 18- 21.003 Definitions.
When used in these rules, the following definitions shall apply unless the context clearly indicates
otherwise:
(46) "Private channel' means a channel that is dredged or maintained by private entities to provide
access to or from such locations as private residences, marinas, yacht clubs, vessel repair facilities,
or revenue - generating facilities.
(50) "Public channel' means a channel that is constructed or maintained by a public entity such as a
federal or state agency, local government, or inland navigation district listed in Chapter 374, F.S., or
that is part of a public navigation project, public water management project, or a deepwater port
listed in Section 403.021(9)(b), F.S.
(52) "Public navigation project" means an activity primarily for the purpose of navigation which is
authorized and funded by the United States Congress or by port authorities as defined by Section
315.02(2), F.S.
Section 373.403, F.S. Definitions. —
When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the
following terms mean:
(8) "Maintenance" or "repairs" means remedial work of a nature as may affect the safety of any dam,
impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.
(13) "Dredging" means excavation, by any means, in surface waters or wetlands, as delineated in s.
373.421(1). It also means the excavation, or creation, of a water body which is, or is to be, connected
to surface waters or wetlands, as delineated in s. 373.421 (1), directly or via an excavated water body
or series of water bodies.
(14) "Filling" means the deposition, by any means, of materials in surface waters or wetlands, as
delineated in s. 373.421(1).
403.803 Definitions. —When used in this act, the term, phrase, or word:
(2) "Canal' is a manmade trench, the bottom of which is normally covered by water with the upper
edges of its sides normally above water.
(3) "Channel' is a trench, the bottom of which is normally covered entirely by water, with the upper
edges of its sides normally below water.
Rule 62- 312.020 Definitions.
(7) "Dredging" is the excavation, by any means, in waters of the state. It is also the excavation (or
creation) of a water body which is, or is to be, connected to any of the waters listed in subsection 62-
312.030(2), F.A.C., directly or via an excavated water body or series of excavated water bodies.
File 2016 -184
Page 9 of 19
I III. REVISED PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT
2
3 Applicant's Proposed Land Development Code Text Amendment, including
4 recommendations made by the Planning Commission in Resolution P32 -17
5
6 The applicant's proposed text as submitted on August 11, 2017 is shown in Changes
7 recommended by the Planning Commission in Resolution P32 -17 (includes changes proposed by
8 staff and by the Planning Commission at the Planning Commission hearing) are shown purple with
9 deletions shown as a '���' '� �' °=' �`' °� ��'� and additions in as a double underline
10
11 Sec. 101 -1 Definitions
12
13
14 oil" of Ill, il�! J �;��c`t 7 kr7.Llal1, tr t +1�7 .il 1J oil 7 :
15
16 Sec. 118 -10. - Environmental design for specific habitat types.
17 In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual
18 habitats as outlined in this section.
19
20 * **
21 (d) Mangroves, wetlands, and submerged lands.
22 All structures developed, used or occupied on land classified as mangroves, wetlands or submerged
23 lands (all types and all levels of quality) shall be designed, located and constructed such that:
24
25 —
26
27 3. Dredging. The following restrictions shall apply to dredging activities:
28 a. No new dredging shall be allowed in the county except as specified for boat ramps in section
29 118 -12(1) (shoreline setback, boat ramps).
30 b. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or
31 characterized by hard bottom communities except for maintenance dredging in public
32 navigation channels in canal restoration projects pursuant to Policy 202.4.7 of the
33 Comprehensive Plan; ,,r in .J...?1 ... l .rJ 1`1.i,J: } 12 ) to restore
34 navigational access obstructed by natural depositions, subject to the requirements of Section
35 118- 10(d)(31f.3 .
36 c. In order to facilitate establishment and prevent degradation of bottom vegetation,
37 maintenance dredging in artificial waterways shall not exceed depths greater than six feet at
38 mean low water (MLW). This restriction does not apply to the entrance channels into Key
39 West Harbor and Safe Harbor.
40 d. All dredged spoil materials shall be placed on permitted upland sites designed and located to
41 prevent runoff of spoil material into wetlands or surface waters.
42 e. All dredge activities require approvals by the Florida Department of Environmental
43 Protection and the U.S. Army Corps of Engineers prior to issuance of a county permit.
44 f Exemptions:
45 1. Pursuant to Policy 202. canal restoration projects developed to determine the
46 effectiveness of water quality strategies of the Florida Keys National Marine Sanctuary
File 2016 -184 Page 10 of 19
File 2016 -184 Page 11 of 19
I IV. ANALYSIS OF REVISED PROPOSED AMENDMENT
2 The current adopted Monroe County 2030 Comprehensive Plan and Land Development Code
3 prohibit new dredging and prohibit maintenance dredging in areas vegetated with seagrass beds or
4 characterized by hardbottom communities.
6 Comp Plan Policy 202.4.2
7 No new dredging shall be permitted in Monroe County.
8
9 Comp Plan Policy 202.4.3
10 No maintenance dredging shall be permitted within areas vegetated with seagrass beds
11 or characterized by hardbottom communities, except for maintenance in public
12 navigation channels.
13
14 LDC Section 118- 10(d)(3):
15 (3) Dredging. The following restrictions shall apply to dredging activities:
16 a. No new dredging shall be allowed in the County except as specified for boat
17 ramps in Section 118 -12(l) (shoreline setback, boat ramps).
18 b. No maintenance dredging shall be permitted within areas vegetated with
19 seagrass beds or characterized by hard bottom communities except for
20 maintenance dredging in public navigation channels.
21
22 As described in the June staff report, the Monroe County Board of County Commissioners (BOCC)
23 has previously expressed a willingness to consider a text amendment that would allow maintenance
24 dredging in areas vegetated with seagrass beds or characterized by hardbottom communities, only
25 within canals and possibly perimeter canals
26 The revised (August 11, 2017) text amendment language proposed by the Applicant is largely based
27 on the language presented to the BOCC by Staff at the January 20, 2016 BOCC meeting. The
28 Applicant's proposal also incorporates several changes directed by the BOCC at that meeting.
29
30 The BOCC gave the following direction regarding a potential text amendment for maintenance
31 dredging as presented at the January 20, 2016 meeting:
32 • the Duck Key property owners should apply for the applicable text amendments;
33 • the BOCC would be willing to consider such amendments if limited to previously dredged
34 manmade canals and possibly previously dredged manmade perimeter canals, but not for open
35 water, basins, or channels;
36 The Applicant's re%ised ianguage now includes canals only, i -ialch is consistent i ida BOCC
37 direction.
File 2016 -184 Page 12 of 19
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• the BOCC was favorable towards changing "storm depositions" to "sedimentary depositions,"
"natural sedimentary depositions," or similar language;
The pplicaant has changed "store u depositions" to "sediuuvantaarJ depositions." (Stiff /1
raUconiniends "natural depositions. ")
• 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;
The Applicant has proposed the text a inendinent to auppiy to Duck Key only, rather than to
Monroe County in its entirety. This would the consistent With the BOCC direction, as the vast
naaa oritY of property along waterways on Duck Key is developed.,
• 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.
The pplic°au ut's re\dsed faa uguuaag aauavv includes canals only, vviuirh vvouuld not allow
inalintenaance dredging in channels with benthic resources, and is therefore now consistent with
BOCC direction.,
The potential text amendment language presented by Staff at the January 20, 2016 BOCC meeting
included a criterion related to public interest within proposed Policy 202.4.4:
• The applicants shall provide justification that the proposed maintenance dredge is in the public
interest. ' (Public Interest means demonstrable environmental, social, and economic benefits
which would accrue to the public at large as a result of a proposed action.)
The Applicant has now included this criterion in the proposed text a inendinent, with slit htl)
different wording. Consistent with the potential language presented to the BOCC by Staff on
January 20, 2016, Staff/1 is recou'unending that the language specify that the Applicant in ust
provide jaustificaation that au proposed project is in the public interest.
In reviewing the revised proposal for consistency with the newly adopted and effective 2030
Comprehensive Plan, the following Comprehensive Plan provisions may be in conflict with the
proposal when read outside of the context of the entire Comprehensive Plan:
Goal 202
The environmental quality of Monroe County's estuaries, nearshore waters (canals,
harbors, bays, lakes and tidal streams,) and associated marine resources shall be
maintained and, where possible, improved or restored.
Goal 203
The health and integrity of living marine resources and marine habitat, including
mangroves, seagrasses, coral reefs, other hard bottom communities and fisheries, shall
be protected and, where possible, restored and enhanced.
File 2016 -184
Page 13 of 19
I Objective 203.2
2 Monroe County shall protect submerged lands vegetated with seagrasses by maintaining
3 regulations which further reduce direct and indirect disturbances to seagrasses.
4
5 The BOCC will be balancing site specific needs with impact to environmental resources as they
6 consider the proposed amendment. The proposed language (including staff s recommended changes
7 below) includes criteria for qualifying maintenance dredging projects that seek to minimize the
8 impact on marine resources. Additionally, each individual project seeking approval under the
9 proposed policies will be required to demonstrate that maintenance dredging is in the "public
10 interest," meaning there is a demonstrable environmental, social, and economic benefit which would
11 accrue to the public at large as a result of a proposed action.
12
13 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
14 PRINCIPLES FOR GUIDING DEVELOPMENT, FLORIDA STATUTES, and THE LAND
15 DEVELOPMENT CODE.
16
17 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
18 Monroe County 2030 Comprehensive Plan. Specifically, it furthers:
19
20 Goal 101
21 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
22 County residents and visitors, and protect valuable natural resources.
23
24 Objective 202.4
25 Monroe County shall maintain Land Development Regulations which implement county policies
26 preventing controlling pollutant discharges into surface waters from dredge and fill activities.
The proposed amendment may be inconsistent with the following Goals, Objectives and
Policies of the Monroe County 2030 Comprehensive Plan when read outside of the context
of the entire Comprehensive Plan and the proposed site specific policy:
Goal 202
The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors,
bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where
possible, improved or restored.
37 Goa1203
38 The health and integrity of living marine resources and marine habitat, including mangroves,
39 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,
40 where possible, restored and enhanced.
41
42 Objective 203.2
43 Monroe County shall protect submerged lands vegetated with seagrasses by maintaining
44 regulations which further reduce direct and indirect disturbances to seagrasses.
45
File 2016 -184 Page 14 of 19
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(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 benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic
development.
(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.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and proposed major
public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co -op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and
disposal facilities; and the installation and proper operation and maintenance of onsite sewage
treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
as applicable, and by directing growth to areas served by central wastewater treatment facilities
through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
File 2016 -184 Page 15 of 19
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Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole.
C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3177 (6)(d) , F.S. — A conservation element for the conservation, use, and protection of
natural resources in the area, including air, water, water recharge areas, wetlands, waterwells,
estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests,
fisheries and wildlife, marine habitat, minerals, and other natural and environmental
resources, including factors that affect energy conservation.
File 2016 -184
Page 16 of 19
1 1. The following natural resources, where present within the local government's
2 boundaries, shall be identified and analyzed and existing recreational or conservation
3 uses, known pollution problems, including hazardous wastes, and the potential for
4 conservation, recreation, use, or protection shall also be identified:
5
6 e. Areas that are the location of recreationally and commercially important fish or
7 shellfish, wildlife, marine habitats, and vegetative communities, including forests,
8 indicating known dominant species present and species listed by federal, state, or local
9 government agencies as endangered, threatened, or species of special concern.
10 2. The element must contain principles, guidelines, and standards for conservation that
11 provide long -term goals and which:
12 * * **
13 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
14 communities, including forests, from destruction by development activities.
15 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and
16 marine habitat and restricts activities known to adversely affect the survival of
17 endangered and threatened wildlife.
18 * * **
19 h. Designates environmentally sensitive lands for protection based on locally determined
20 criteria which further the goals and objectives of the conservation element.
22 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
23 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
24 shall be implemented, in part, by the adoption and enforcement of appropriate local
25 regulations on the development of lands and waters within an area. It is the intent of this act
26 that the adoption and enforcement by a governing body of regulations for the development of
27 land or the adoption and enforcement by a governing body of a land development code for an
28 area shall be based on, be related to, and be a means of implementation for an adopted
29 comprehensive plan as required by this act.
30
31 D. The proposed amendment is consistent with one or more of the required provisions of LDC
32 Section 102- 158(d)(5)(b):
33
34 1. Changed projections (e.g., regarding public service needs) from those on which the text or
35 boundary was based;
36 Per the Applicant: the amendment application is not directly correlated with any public
37 service need projections from those on which the 2030 [Comprehensive Plan] text was based.
38 However, the Duck Key Property Owners Association ( DKPOA) conducted a survey of
39 residents and found that more than 80% reported canal maintenance as their second highest
40 community priority action item. A feasibility study was launched by the DKPOA and an
41 engineering survey was completed to comprehensively assess the situation and identify a
42 detailed scope of remedial action.
43
44 2. Changed assumptions (e.g., regarding demographic trends);
45 N/A
File 2016 -184 Page 17 of 19
1 3. Data errors, including errors in mapping, vegetative types and natural features described in
2 volume 1 of the plan;
3 N/A
4
5 4. New issues;
6 Per the Applicant: the issue of maintenance within previously approved dredged canals is not
7 necessarily new; however, it is an ever increasingly pertinent issue as natural processes continue
8 to take place with few sustainable anthropogenic alternatives. Stormwater runoff and other non -
9 point pollution sources are discharged to nearby canals and Halo zone waters during rainfall
10 events; maintenance dredging of previously approved dredged canals will promote marine
11 circulation and net flow patterns in the nearshore waters of Duck Key (WBID 6016) and thus
12 help to maintain local nutrient loads below the target thresholds of the FKRAD for the Central
13 Keys Area.
14
15 Staff notes that the proposed LDC amendment is necessary to be consistent with the
16 applicant's proposed amendment to the Comprehensive Plan, as required by Florida
17 Statute.
18
19 5. Recognition of a need for additional detail or comprehensiveness; or
20 Per the Applicant: the amendment is directly correlated with recognition of a need for
21 additional detail and comprehensiveness surrounding previously approved dredged canals
22 and maintenance dredging thereof. Specifically, the DKPOA conducted a survey of residents
23 and found that more than 80% reported canal maintenance as their second highest community
24 priority action item. A feasibility study was launched by the DKPOA and an engineering
25 survey was completed to comprehensively assess the situation and identify a detailed scope of
26 remedial action.
27
28 6. Data updates;
29 Per the Applicant: Duck Key canals were created over 60 years ago and consist of
30 approximately 3 miles of canals and perimeter waterways (created by a break Duck Key
31 canals are open at both ends, allowing tidal currents to course through, thus promoting the
32 Outstanding Florida Water designation of the Florida Keys and the Central Keys FDRAD.
33 Some areas have silted up over time due to currents and storms; for example, Hurricanes
34 Georges & Wilma accelerated these natural processes and aided ecological succession in
35 their wake when the south breakwall was damaged (since repaired). There has been no need
36 for appreciable maintenance since their construction.
37
38 7. In no event shall an amendment be approved which will result in an adverse community change
39 to the planning area in which the proposed development is located or to any area in accordance
40 with a livable communikeys master plan pursuant to findings of the board of county
41 commissioners.
42 Per the Applicant: the proposed amendment will affect only those previously dredged canals,
43 perimeter canals and basins of Duck Key and immediately adjacent waters (WBID 6016). The
File 2016 -184 Page 18 of 19
I proposed amendment will result in no adverse community change in the planning area affected
2 by the proposed text amendment; opportunity to responsibly maintain limited dredging of canals
3 utilizing existing best management practices is beneficial to the public welfare and is submitted
4 herein as a positive community change of the planning area, allowing residents to continue to
5 reasonably enjoy and access surrounding public waters while maintaining nearshore water
6 quality. Allowance for limited and responsible maintenance dredging of canals utilizing existing
7 BMWs is also expected to help insure reasonable property rights and property values of affected
8 properties during the planning period.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
VI. STAFF RECOMMENDATION
Staff has found that the revised proposed amendment is consistent with the direction given by the
BOCC at their January 20, 2016 meeting.
Staff recommends approval of the proposed amendment, with the changes as described within this
memo, contingent on adoption and effectiveness of the proposed corresponding Comprehensive Plan
amendment.
VII. EXHIBITS
1. Duck Key Property Owner's Association hand -out provided to the BOCC on October 21, 2015,
regarding Duck Key Canal Restoration.
2. Agenda Item I2 and transcript of discussion from January 20, 2016 BOCC meeting regarding
"text amendments to allow maintenance dredging in canals with seagrasses to maintain
navigability."
3. Planning Commission Resolution P32 -17
File 2016 -184 Page 19 of 19
Exhibit 1 to Staff Report: I
DKPOA Hand-Out to BOCC 10/21/2015
Ruck Key Canal Rtes
Plan 2015-2017
.1
�
While ARI
gener i c I i shape, i.:
are silting up due to currents and storms
Hurricanes Georges and Wilma accelerated silting and
damaged the south breakwall, partially repaired
No appreciable maintenance performed since
construction
The Duck Key Property Owners Association
conducted a survey of the DK residents"
* Canal maintenance the second highest
priority more than i0% suppor
restoring e A team of DKPO;A directors was asked to study
-1
Lhe feasibility of the canals
DKP:OA commissioned an engineering survey t,
determine the extent of the .
ACoE/DE,P Rules
Maximum canal depth . low i
Must mitigate damage to the environment
(live coral and sea grass)
* May not dredge i channels,
* Must drain silt
before transportation
* Use of removed material as fill only il
Bathymetric survey results
8 areas were identified that have silted up to less
than 5" depth at i
Surveyed Areas
SPECIFIC PURPOSE SURVEY
DUCK KEY, FLORIDA
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BOARD OF COUNTY COMMISSIONERS Exhibit to eta f
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2016 Department Planning & Environmental Resources
Bulb Item: Yes No X Staff Contact Person/Phone #: Mayte Santamaria 289 -2562
AGENDA ITEM WORDING: Discussion of text amendments to allow maintenance dredging in
canals with seagrasses to maintain navigability.
ITEM BACKGROUND: At the October 21, 2015 BQCC meeting, there was a Sounding Board item to
"spear to the County Commissioners in regards to Duck Key Property Owner's Association concerns
regarding decreasing water quality and accessibility in the renowned free flowing waterways that
intersect the five islands that compromise Duck Key" by Sherry Popham. Mrs. Popham, representing
Duck Key residents and Duck Key Property Owner's Association, provided a hand -out to the BQCC
regarding Duck Key Canal Restoration (attached), which identified 8 areas in Duck Key that have silted
up to less than 5ft of depth at low tide. Mrs. Popham noted that no appreciable maintenance has been
performed since construction of the canals 60+ years ago. Mrs, Popham described the canal system as
free - flowing, teaming with sea life and seagrass, and with good water quality. Ms. Popham also
described the creation of an attractive nuisance with the white sand deposition in the entrance canal
(described in the hand -out as Area P'), creating a white sandy beach within the canal. The movement of
deposits of sand from storm events, water quality, property value impacts and navigability issues were
mentioned. The Duch Key residents, represented by Ms. Popham, asked the BOCC to consider
modifying the current County prohibitions (i.e. allow maintenance dredging where there are seagrasses
and hardbottom communities) that prevent the restoration of the canals. Duck Key representatives have
reviewed the various governmental agency requirements and noted that they believe the requirements of
the state and federal agencies can be met but cannot move forward with the County's prohibition on
maintenance dredging in areas with seagrass beds or characterized by hardbottom communities.
The BQCC discussed the possibility of a specific Comprehensive Plan amendment to address canal
maintenance and asked County staff to bring back potential options (not to open uncontrolled dredging or
to allow the creation of new canals) for consideration. If the BQCC is considering the potential
amendments of the Comprehensive Plan and Land Development Code, staff suggests that the Duck Key
residents apply for text amendments to the Comprehensive Plan and Land Development Code..
Attached are excerpts of the current, adopted Monroe County Comprehensive Plan and Land
Development Code related to maintenance dredging. Additionally, attached is a potential Comprehensive
Plan and Land. Development Code amendment option,
PREVIOUS RELEVANT BQCC ACTION:
On April 18, 2013, the BQCC reviewed a private application for a proposed text amendment to the
Comprehensive Plan to establish sub -area policies applicable to a specific geographic area of submerged
lands, create site- specific parameters for the re- dredging of privately -owned submerged lands with benthic
resources to facilitate navigational access and to define the specific, limited circumstances and conditions
which must be met to allow the re- dredging. The BQCC voted to not transmit the amendment.
On March 21, 2014, the BQCC 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 the mouth of a canal to restore navigational access,
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 the mouth
(entrance) of a canal. The BOCC recommended maintaining the proposed amendment in the 2030
Comprehensive Plan update draft.
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 the mouth of
canal. The BOCC directed deletion of the proposed amendments relating to maintenance dredging the
mouth (entrance) of a canal.
CONTRACT/AGREEMENT CHANGES: n/a
RECOMMENDATIONS: STAFF --
! ' i
REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH
APPROVED BY: County Atty t OMB /Purchasing Risk Management
DOCUMENTATION- Included x Not Required
M
DISPOSITION: AGEN
Comprehensive Plan
Objective 202.8
Monroe County shall 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 ( -b) feet mean
low water. This policy does not apply to the entrance channels into Key Nest harbor and Safe
Harbor.
Land Development Code
Sec. 118 -0. - Environmental design for specif c habitat types.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this section.
(4) Mangroves, wetlands, and submerged lands.
All structures developed, used or occupied on land classified as mangroves, wetlands or
submerged lands (all types and all levels of quality) shall be designed, located and constructed
such that:
a. Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
wetlands, and submerged lands, subject to the specific restrictions of this subsection.
These restrictions shall not apply to disturbed wetlands that have been lawfully
converted into uplands through filling. Trimming and /or removal of mangroves shall
meet Florida Department of Environmental Protection requirements.
b. Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
c. Dredging. The following restrictions shall apply to dredging activities:
1. No new dredging shall be allowed in the county except as specified for boat
ramps in section 118 -12(1) (shoreline setback, boat ramps).
1
2. No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterised by hard bottom communities except for
maintenance dredging in public navigation channels.
3. In order to facilitate establishment and prevent degradation of bottom
vegetation, maintenance dredging in artificial waterways shall not exceed
depths greater than six feet at mean low water (MLW). This restriction does not
apply to the entrance channels into Key West Harbor and Safe harbor.
4. All dredged spoil materials shall be placed on permitted upland sites
designed and located to prevent runoff of spoil material into wetlands or
surface waters.
5. All dredge activities require approvals by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a county permit.
6. Exemptions:
a. Pursuant to Policy 202.8.6, canal restoration projects developed to
determine the effectiveness of water quality strategies of the Florida Keys
National Marine Sanctuary Water Quality Protection Program that meet
the following criteria are exempt from the restrictions in [subsection]
(4)c.2:
i. Projects are limited to previously dredged artificial canals
characterized as having poor or fair water quality within the 2013
Monroe County Canal Management Master Plan;
ii. Projects are performed or funded by public entities (county, state,
or federal) for organic material removal; and
ill. Projects are backfilled to a depth of six to eight feet, or an
alternative depth as determined by best available scientific data and
authorized by the state and federal permitting agencies; and
iv. 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 (BCCC) shall be
required prior to issuance of a county permit.
b. Pursuant to Policy 202.8.6, two demonstration pilot canal restoration
projects to remove decomposing organic material from previously dredged
artificial canals (down to the bedrock) without backfilling will be
performed and evaluated for effectiveness. Water quality monitoring of
these two organic removal pilot projects shall be conducted at a two -year
point of time and a ten -year point of time after completion of the pilot
projects, and a water quality report shall be reviewed to determine the
effectiveness in improving dissolved oxygen concentrations, as identified
in the surface water quality criteria in Chapter 62- 302.530, F.A.C., in the
two organic removal pilot projects canals.
d. Placement of fill. No fill shall be permitted in any mangroves, wetlands, or
submerged lands except:.
1. As specifically allowed by this section or by section 118 -12(k) and (1)
shoreline setbacks, bulkheads, seawalls, riprap and boat ramps);
2. To fill a manmade, excavated water body such as a canal, boat ramp, boat
slip, boat basin or swimming pool if the county biologist determines that such
2
filling will not have a significant adverse impact on marine or wetland
communities;
3. As needed for shoreline stabilization or beach renourishment projects with a
valid public purpose that furthers the goals of the Monroe County
Comprehensive Plan, as determined by the county biologist;
4. For bridges extending over salt marsh and/or buttonwood association
wetlands that are required to provide automobile or pedestrian access to
dwelling units located on upland areas within the same property for which there
is no alternate means of access. Such bridges shall be elevated on pilings so
that the natural movement of water, including volume, rate and direction of
flow shall not be disrupted or altered; or
5. As approved for Disturbed Salt Marsh and Buttonwood Association
Wetlands with appropriate mitigation as defined by the wetland regulations of
subsection (d)(6) of this section.
All such projects shall require approval by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to issuance
of a county building permit.
e. After - the -fact exclusion. No after - the -fact permits shall be issued that violate the
county dredge and filling regulations. All fill shall be removed and all damages
mitigated.
Section 101 -1:
Dredging means excavation below water level or in wetlands.
Maintenance means that action taken to restore or preserve the functional intent of any facility or
system..
r r R' , 1•r r ' d* T r n_s tor private a I
follows- public channel, as
Rule 1.8- 21,00 Definitions.
When used in these rules, the following definitions shall apply unless the context clearly indicates
otherwise:.
(46) "Private channel" means a channel that is dredged or maintained by private entities to
provide access to or from such locations as private residences, marinas, yacht clubs, vessel repair
facilities, or revenue- generating facilities.
(50) "Public channel" means a channel that is constructed or maintained by a public entity such
as a federal or state agency, local government, or inland navigation district listed in Chapter 374,
F.S., or that is part of a public navigation project, public water management project, or a
deepwater port listed in Section 403.021.(9)(b), F.S.
(52) "Public navigation project" means an activity primarily for the purpose of navigation which
is authorized and funded by the United. States Congress or by port authorities as defined by
Section 31.5.02(2), F.S.
3
Section 373.403,1F.S. Definitions.—
When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following
terms mean:
(8) "Maintenance" or `repairs" means remedial work of a nature as may affect the safety of any
dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial
maintenance.
(13) "Dredging" means excavation, by any means, in surface waters or wetlands, as delineated in s.
373.421(l). It also means the excavation, or creation, of a water body which is, or is to be,
connected to surface waters or wetlands, as delineated in s. 373.421(l), directly or via an
excavated water body or series of water bodies.
(14) "Filling" means the deposition, by any means, of materials in surface waters or wetlands, as
delineated in s. 373.421. (1).
403,803 Definitions. —When used in this act, the term, phrase, or word:
(2) "Canal" is a manmade trench, the bottom of which is normally covered by water with the upper
edges of its sides normally above water.
(3) "Channel' is a trench, the bottom of which is normally covered entirely by water, with the
upper edges of its sides normally below water.
Mule 62- 312.020 Definitions.
(7) "Dredging" is the excavation, by any means, in waters of the state. It is also the excavation (or
creation) of a water body which is, or is to be, connected to any of the waters listed in subsection
62- 31.2.030(2), F.A.C., directly or via an excavated water body or series of excavated water
bodies.
W
Objective 202.48
Monroe County shall a4oj3t- bland Ddevelopment Rregulations which implement county
policies controlling pollutant discharges into surface waters from dredge and fill activities. —[
j0'� z 2 ; 9i 0 3(2)(b)2j [§ 163.3177(6)d.2.b., RS, § 163.3177(6)d.2.e., F.S.
- .. .. ._ . . .
Mice 0,
9j 5 . 0 13(2)(e)l
� s �
Policy 202.84.2
No new dredging shall be permitted in Monroe County. r or 5
F§163.3177(6)d. arty g; 9 7 -., 5— .b., F.,S; § 163.3177(6)d. - and 6 e., F.S.I
W I r
i
Channels: No maintenance dredging shall be permitted within areas vegetated with
seagrass beds or characterized by hardbottom communities except for maintenance in
public navigation channels.
Canals: Maintenance dred2ina may be permitted within a previously dredLyed artificial
canal, including areas vegetated with seagrass beds or characterized by hardbottom
communities, to restore navigational access due to storm depositions and preserve the
function of the artificial canal, subject to the _requirements in Policy 202.4.4. PI
, . l§ 163.3177(6)d.2.b., F.S;
163.31.77(6)d.2.e., F.S.
Policy 202.84.4
In artificial canals with deposits of sand from storm events, maintenance dred2ina may be
permitted to facilitate navigational access and/or restore the function of the canal
provided that:
• Shoaling and sedimentation has reduced the reasonable access to open water.
• The maintenance dredging cannot be used to dredge natural barriers (areas that
have not been previous/ dredged) separating a canal or canal system from
adjacent wetlands and/or other surface waters.
• The maintenance dredging shall not exceed depths greater than minus six ( -6) feet
mean low water, or to the depths of refusal (rock), whichever is more restrictive
( e.g. the shallowest depth shall control
• The maintenance dredging methodology shall not cause degradation of water
quality or secondary and/or cumulative impacts to surrounding benthic resources.
• Turbidity controls shall be used to prevent reduction of light availability to
seaRrasses and increased sedimentation in adiacent surface waters and benthic
resources.
k+M
• The quantity of mitigation far seagrassihardbottom community resource impacts
shall meet the requirements specified by the State of Florida's Uniform Mitigation
Assessment Method (UMAM).
• The applicants shall provide justification that the proposed maintenance dredge is
in the `public interest.' (Public Interest means demonstrable environmental
social, and economic benefits which would accrue to the public at large as a result
of a proposed action.)
Policy 202.84.54
In order to r1 -te establish. * t peevent 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. [9i 5.0l2(3)(e+2,3 and 8; 9j 5.013( )(e)l --and
[ §163.3177(6)d.2.b., F.S• §163.3177(6)d.2.e. F.S.1
Policy 202. ®.65
All dredged spoil resulting frorn maintenance dredging shall be placed on permitted .
upland sites where drainage can be contained on -site. [9 5.0 `' Vi 3 and °; 9j
0 r 3( "" o �,-e�a 6 6§ 163.3177(6)d.2.b., F.S; § 163.3177(6)d.2.e., F.S.
Policy 202.84.76
No "after -the- fact" permits shall be issued that violate Monroe Countv dredge and fill
regulations. All illegal structures and fill shall be removed and damages mitigated.
5-9 f, -3)(e) i 2 a 0 3(2)( . Er � AI 163.3177(6)d.2.b., F =S;
§ 163.3177(6)d 2.e., F.S.1
X
Sec, 118-10. _ Environmental design for specific habitat types.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to
individual habitats as outlined in this section.
(4) Mangroves, wetlands, and submerged lands.
All structures developed, used or occupied on land classified as mangroves, wetlands or
submerged lands (all types and all levels of quality) shall be designed, located and constructed
such that:
a. Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap,
seawalls, bulkheads, and utility pilings shall be permitted on or over mangroves,
wetlands, and submerged lands, subject to the specific restrictions of this subsection.
These restrictions shall not apply to disturbed wetlands that have been lawfully
converted into uplands through filling. Trimming and/or removal of mangroves shall
meet Florida Department of Environmental Protection requirements.
b. Protection of circulation patterns. Shoreline structures shall be designed to protect
tidal flushing and circulation patterns.
c. Dredging. The following restrictions shall apply to dredging activities:
1. No new dredging shall be allowed in the county except as specified for boat
ramps in section 118-12(l) (shoreline setback, boat ramps).
2. Channels: No maintenance dredging shall be permitted within areas
vegetated with seagrass beds or characterized by hard bottom communities
except for maintenance dredging in public navigation channels.
3. Canals: Maintenance dredging maybe permitted within a previously dredged
artificial canal, including areas vegetated with seagrass beds or characterized
by hardbottom communities, to restore navigational access due to storm
depositions and preserve the function of the artificial canal, subject to the
requirements in Policy 20 .4.4.
4g. In order to facilitate establishment and prevent degradation of bottom
vegetation, maintenance dredging in artificial waterways shall not exceed
depths greater than six feet at mean low water (ML). This restriction does not
apply to the entrance channels into Key West Harbor and Safe harbor.
54. All dredged spoil materials shall be placed on permitted upland sites
designed and located to prevent runoff of spoil material into wetlands or
surface waters.
6 -5. All dredge activities require approvals by the Florida Department of
Environmental Protection and the U.S. Army Corps of Engineers prior to
issuance of a county permit.
7
Exhibit 2 to Staff Report
January 20, 2016 BOCC Meeting
Item I2 — transcript of discussion
v er Rol" [SA) i. Discussion of text amendments to allow maintenance dredging in canals with
seagrasses to maintain navigability and I have several public speakers.
layt� antamaria: Good morning Commissioners. This is a discussion item as a result of a sounding
board item that was back in October where residents from Duck Key came and presented an issue where
Duck Key was having sedimentation within their canal system and were having difficulty in finding a
solution to maintenance dredge their facilities. Currently our Comp Plan as well as our Code prohibits
maintenance dredging if the area has seagrass beds or hard bottom communities. At that meeting the
board discussed trying to develop a Comp Plan Amendment and Code Amendment that would allow
maintenance dredging in canals with these resources but only for canals and not channels since channels
may be naturally formed and not necessarily artificial. So as a result of that meeting, we've proposed
some Comp Plan and Code changes for the board to consider and describe what they would like the next
step to be. But I did want to point out that this may not resolve all the issues in Duck Key. There is an
image on the screen right now and you can see on the right hand side in the text box the definition for
canal and the definition for channel. So canal is a manmade trench with both sides normally above water
and canal is not necessarily a manmade trench with both sides underwater, normally underwater. So I
tried to depict, this is the image that the Duck Key property owners provided for their areas of concern,
you can see there are five locations with an orange arrow that are within the canal definition. The other
areas do not fall into the definition of canal and we proposed these Comp Plan amendments to only apply
to canals. You can see in the yellow at the bottom of the image, there are two locations that would
qualify as a channel. You can see at the top right hand corner, there is a large basin, that wouldn't be
considered a canal and then you can see three areas with a blue arrow that are possibly considered open
water. And I'm going to go through a few other images here. The proposed text here is what we have
come up with for the potential option. Again, it's only for canals. It would allow maintenance dredging
with seagrass and hard bottom communities. There would be other criteria such as...
Mayte .. .
lay ~t� antamaria: Yes ma'am?
You need to get up to your microphone.
layt� antamaria: Excuse me. There would be other criteria such as it cannot be maintenance dredged
of natural barriers so no new dredging. It would be to a depth of -6 feet mean low water or where you hit
rock. So if you hit rock before six feet that would be the stopping point. You would have to use a
methodology that doesn't degrade the water quality or cause other impacts to benthic communities, you
would have to provide turbidity controls to protect the water quality surrounding, and you would have to
provide mitigation as required by state agencies, and you would have to provide justification that it's
within the public interest. And we have included that public interest means it's an environmental, social,
and economical benefits that would accrue to the public at large as a result of the proposed action. And
again, it's those canal areas that may cover but it may not cover these three areas that I had identified as
potentially open water. If you can see from this image, I did two green circles of areas where you can
Page 1 of 14
Exhibit 2 to Staff Report
clearly see that there has been some sort of mechanical dredging or something has occurred. You can see
the distinct outline of the perimeter around those properties and then in the white boundaries there are
areas where they have identified some issues with silting and sedimentation. I don't know if that's ever
been dredged or not, they would have to document that with the resource agencies to get permits but I just
wanted you to be aware that this would not resolve that particular issue the way that it's worded today
because again it is only for canals as drafted. And then I wanted to pull up other areas since it's not
written specifically for Duck Key. This would be a Comp Plan amendment that could be applied to other
areas. I just pulled other examples. You can see with the orange outlines again what would be
considered canal based on the definition that is proposed in our Comp Plan as well as in state statute.
You can see in the yellow, the channels that again would not apply under this Comp Plan amendment and
then you can see a sort of new structure along the perimeter of the properties, where it has one edge above
water and one edge below water. I don't know if that is something the Commission would like to tackle.
There are a few places on Duck Key where again that occurs but not all areas and there are other areas in
the Keys where it occurs like in these examples. We've pretended and called them perimeter canals but
it's another option for the board to consider. And again this is just a discussion item as a result of the
sounding board. We are looking for direction at what the next steps are, if the Commission is supportive
of any type of amendment like this and if the Duck Key residents should apply for the Comp Plan and
Code amendments.
11�,4111a e.: Madam Mayor, may I ask a question?
Mayor Carruthers; Yes.
116 4 a g e K So if the ... I thought they were only asking about the stuff in the canals. Are
they also asking for these other areas that you show as open water?
layt� antaniaria: The materials that were provided at the sounding board meeting included all of
these areas as areas of concern.
116 4 a g e K So if they applied, all this would have to go through the DRC, Planning
Commission, so forth ... this would be a Comp Plan...
layt� antaniaria: Correct. This would be a Comp Plan and a Code amendment. It would be
Development Review Committee, Planning Commission, Board of County Commissioners for
transmittal, sent to the State of Florida for DEO to review and the other state agencies...
116 4 a g e K I mean I think the stuff in the canals is... I don't have a problem with that
because you know, we're dredging canals ourselves now so it's kind of hard to say we can do it but you
can't do it. The stuff outside the canals now that's problematic because we get Walker's Island involved
in that and I'm a little concerned about that.
layt� antaniaria: Well that's why we wanted to highlight the definitions on this page and show what
areas would qualify under those definitions.
Mayor Carruthers; Your phrase perimeter canal sort of makes sense to me because I know that are
plenty of places in Lower Keys where you have to go ...I mean you can't go there you have to go all the
Page 2 of 14
Exhibit 2 to Staff Report
way around here to get there. l can see some usefulness there and those are canals that have already been
dredged. Let's hear from the public.
U�her Ru lle (m)"i: First speaker is [�otho Moses representing Last Stand followed bvDomoUio Br d.
Good morning Commissioners. [�otho Moses. | Harbor Drive, Key Largo. I'm here
today representing Last Stand. Last Stand has reviewed the proposed language and the backup for the
amendment to the Comp Plan, to the Comprehensive Plan, to allow maintenance dredging of canals with
000groos and hard bottom communities. That is the obougo that isbeing discussed here. loot Stand has
some concerns about the proposed amendment. We would like olmiGoohon on oxoodv v/boro the
dredging would be allowed given the multiple or000 that Duck Key had identified in their documents.
The documents obov/ or000 that are outside of the canal, nnoumodo canals, including o boat basin and
some open v/o1or or000. loot Stand opposes dredging oodvihoo outside of existing ozhGoiol nnoumodo
canals. We are also concerned that the allowed dredging would inor0000 the oouol depth to 0000nnnnodo10
deeper draft vessels and we would like to see the language limited of dredging to the depth required indho
oto10 otobdo, v/biob oto1oo it to be at five [eoL Also, as this will be o County wide policy, we would like to
limit the dredging oohvihoo to oonolo that serve already developed or000. We are aware of several or000
v/boro canals were duo and no upland development took place and we would not like to encourage
development in areas that are not currently developed. Last Stand would like Monroe County tocontinue
to main it's authority to adopt and enforce more stringent regulations than the 6to10 and Federal
authorities do. The language isproposing to remove some of the language. YVo would like that language
to stay in. That is policy 202.4.1 v/biob ouyo Monroe County oboD support State and Federal policies and
regulations concerning the permitting of dredge and fill activity except inthose instances where more
stringent regulations adopted bv Monroe County shall bomaintained. This language is being proposed to
oUiko that. The unique and ecologically sensitive nnmino and coastal environments of the Keys v/onznnt
additional protections beyond that State and Federal level and so we would like to thank you for including
dh000 concerns in your discussion. One thing we did not know about was the perimeter canal discussion.
Tbo1`o new to us. That wasn't in olouguogo. That is open water. There is only one side dho1`o dredged.
The root of it is open v/o1or. 6o dho1`o very v/onisonno that that may be... again you can already
nnointononoo dredge if you don't have 000gr000 and hard bottom communities. 6o we are really in this
proposal discussing that issue. 6o we are very careful. And we have olot of language in our Comp 9lou
about how v/o intend to protect and oubonoo our resources and our water quality. This could have on
effect onthat. Thank you.
Mayor Carruthers: Mayt& can lask you oquestion? This concept of perimeter dredging, if it were to
apply to this area bnthe Keys they would have to prove that those areas have previously been dredged,
-Nlayt� Samtaniaria: Absolutely, yes.
Mayor Carruthers: 6o it's not like they can go out and dredge something that had not been dredged...
-Nlayt� Samtammaria: ConooL
11-6,4 But in this case it's pretty clear.
Page 3 of 14
Exhibit 2 to Staff Report
Mayte, would you list the agencies that have to give permission for this other
than Monroe County.
layt� antamaria: So an applicant would have to apply for permits through Federal and State agencies.
So it would need Army Corps of Engineers and through that they would get authorization from the
Sanctuary. They also have to go through either DEP or South Florida Water Management District and
then they would come for local permits.
In your experience, has the Sanctuary ever denied a request?
layt� antamaria: I am not aware if it even came to my attention if they denied it, so I am not sure.
116 413 a g e K But they have to approve everyone, every applicant including the Army
Corps?
layt� antamaria: They review it through the Federal permit application to ensure that it's not going to
be harming essential fish habitat, that it's not harming habitat or anything else. So they do review it
through the Army Corps process but if it's denied at that step, they may never come to the County level
so I may not be aware of situations where they denied it.
116 4 One more question. If the Corps approves something and they were to deny it,
would the application still go forward?
layt� antamaria: I don't believe so. I think if NOAA doesn't approve it, Army Corps can't issue it.
Mayor Carruthers; It looks like Rhonda has something to add here.
Just real quick clarification since you did comment that the County is dredging canals
also. The canals that we are removing the muck, which we call dredging by vacuum dredging, are very
poor canals. They don't have any sea life so far don't have any sea life at all especially seagrass so we're
not removing seagrass from our canal restoration program just to clear that for the public. It's a little bit
different but I understand the situation.
( v er Roll 1,M) "I. Next speaker is Demetrio Brid representing Duck Key Community Benefit followed
by David Williamson.
Demetrio Brid: Thank you for receiving me. Reformed I am a Duck Key I'm from Miami. Bought a
house in Duck Key about a year ago. Previously was living in Islamorada on a non -flow through canal
and I think that's a very important term, non -flow through and flow through. I bought a house in Duck
Key because of the natural beauty of Duck Key and I am from South Florida so I really can appreciate
what these flow through canals provide in terms of value and in terms of beauty. I think there is a number
of issues that have been raised here. One of them is perimeter canal, what the definition is, yes or no, I
think all that should be very straightforward, what constitutes a canal, what constitutes a channel, what
constitutes a perimeter canal. In Duck Key, we have researched it and there's data going back to the
fifties and before where this was a manmade dredged canal. So the precedent exists and I think when we
formed Duck Key Community Benefit, I'm beginning to realize we're kind of treading uncharted territory
in terms of what the Commission has had before it before and what constitutes maintenance dredging and
what does not. So I just want to clarify that our intent from the beginning is to preserve the natural beauty
Page 4 of 14
Exhibit 2 to Staff Report
of the marine sanctuary. We live in an area; the area has been previously dredged. What we're looking to
do ... no one has ever addressed maintenance dredging in the area. It's been well over sixty years so there
is silt and I might add, we have had a benthic survey ... there is no hard bottom. What there is, is seagrass
...it's our opinion that it has come around because of the silting up which allows the sunlight to come
through and have photosynthesis so seagrass is not a native species to these man made dredged canals.
So what we're seeking to do in harmony with all of the regulations provided by NOAA, by the Army
Corps which takes its direction from NOAA is to do maintenance dredging in a form that will maintain
flow through. Flow through canals ensure sea life will flourish in the area. Where you have silting up,
you have trash accumulating on the bottom and it's really compromising the quality of the canals. So I
want to emphasize that we have applied for permits with the DEP, with the Army Corps. We have raised
money from private citizens given that there is no private association, a homeowner's association in Duck
Key. So all of this is voluntary money which is being funneled in a way that is in harmony with all
existing laws and what we want to emphasize is that our intent is to preserve the flow through nature of
the canals and do that in a way which is acceptable from an environmental standpoint.
Sir I'd like to correct you on two points. Be very careful when you use
timelines. As in the fifties and before. Have paperwork that shows the years that those canals were dug
because they were dug after that. The other thing is the seagrass. It is native to that area; the perimeter
canals ... it was there when the perimeter canals were dug and back then we didn't know the value of
seagrass and nobody cared and everybody dredged. But it is native to that area.
Denietrio Brid: Okay to the man -made canals?
and the perimeter canals. No, you were talking about the perimeter canals.
Denietrio Brid: No, no I was saying the man -made canals.
No they were simply mangroves.
11�,4111a e.: Well three quarters of Duck Key is filled anyway. So it was all grass.
Denietrio Brid: That's okay I just ... I apologize if I... I do have from the fifties something that I
researched that's in the...
Yes but not prior to...
Denietrio Brid: Not prior to okay I apologize I was inaccurate but be that as it may I think that the main
point that I want to emphasize is that we are going through the process in the proper legal way and what
our intent is, is to preserve the flow through nature of the canals... preserve in fact the natural fauna there.
I don't live on a canal what is a non -flow through, something that's blocked at
one end?
Denietrio Brid: Well I used to live in Islamorada on Cortez and what it is, is a lot of the Keys were
dredged and then they filled you know for the highway and stuff but there is no outlet going back
out ... back out to the ocean. So Duck Key is unique in that and that's a very good point you raised...
Everything goes flow through...
Page 5 of 14
Exhibit 2 to Staff Report
Denietrio Brid: Everything goes flow through which you know you see manatees in there, there are
nurse shark that go through there. So having flow through is essential I think to preserve the sea life in
the area so that's where we're coming from on this thing.
Mayor Carruthers; Thank you sir. I have a question and I am not sure if it's going to be Mayte or Mike
Roberts or somebody else can answer this question.
Mayor Carruthers; What is the depth of water beyond which seagrass cannot grow ... in other words
beyond which there is insufficient sunlight to allow photosynthesis?
Depends on how clear the water is.
Mayor Carruthers; Well, okay. But assuming water clarity which is always our goal.
lavt� antaniaria: As Commissioner Neugent stated, it depends on water clarity. I would say
probably on average, deeper than eight feet it's more difficult for the light to penetrate. I've read a bunch
of papers on it, I'm going from memory right now but I believe it's about eight feet.
Mayor Carruthers; I was just curious because we had six feet in our code and the state has five feet and
I just ...
11�,4 a e K But that six feet is in our code right, so we're consistent...
layt� antani aria: Correct. Our Comp Plan and our Code currently have six feet.
Mayor Carruthers; Next speaker please.
( v er Rolls 91,M) "I. David Williamson representing Duck Key Property Association followed by our
final speaker Beth Ramsay- Vickrey.
Good morning. My name is David Williamson. I've already previously been
introduced but I think I want to start a little bit backwards first before we move forward. Sherry Popham
is unable to speak who has previously spoke to your group regarding the situation we have at Duck Key
and unfortunately she has a board meeting at the hospital so she has asked me step in and speak on her
behalf. We actually have been working on this for over two years and trying to figure out a methodology
to solve the issue in Duck Key and we realize that we are not solely the only individuals in this County
that have this problem. What we are requesting is the maintenance dredging and I want to speak this
morning also about the clarification regarding the... identified what is being called a channel. This area
was dug and it has been at least ... and I do know this for a fact that it was dredged after hurricane George.
Rock was used to reinstall and protect the barrier of the canal area itself. It was necessary for the barge
operator to dredge that area when they were working...
11�,4111a e.: Which area are you talking about?
In the channel, what is being called the channel now. This area was after hurricane
George, I believe it caused the stone to be moved and it was inadequate stone to protect the canals and the
residents and as a result of that Mr. David Lion worked with a not for profit that did help with funding the
Page 6 of 14
Exhibit 2 to Staff Report
project and the area that was re- stoned was beginning all the way back into the harbor where the marina is
located for Hawk's Cay. That whole area was stoned.
116 4i age,,, Let me stop you a minute. Don't count his time on this please. Let me ask
you a question Mayte ... the arrow was pointing to the channel but is it only the cross hatch area that they
are asking for maintenance dredging... a permit for maintenance dredging ?
If you look at the far, what is the west end ... that little green area where the arrow
points right into ... after Wilma that area became much more impacted with sediment as the storm surge
pushed through the island itself what occurred was many of the interior areas where they have identified
as well were silted after Wilma. The water that came in resulted in Center Island being totally flooded
across the island and it pushed sediment into that area. It also came and attempted to flow in any way that
it couldn't move where it flowed up and over the tops of these canals and what is impacted is the area
which is this diagram you are being shown today is now depicted as a channel. That was dredged and has
always been dredged for the creation of that and the stone was applied to protect that and prevent that
from filling back in when constructed. So I think there is a definite clarification that it may be earmarked
today as a channel but it was dredged the same as it was on the east side of the island itself going back
towards the marina and that was stoned to allow that to prevent re- silting.
Sir, how far out are you asking to re- dredge that channel?
I think the way ... it's totally incorrectly drawn and I am going to step away for a
minute ... (he walks over and begins pointing to map and referring to arrows)
Sir, I can't see a thing.
This is the area, the inside; this is a canal coming across the front of the properties.
That has nothing to do with the area we are...
Can you get from that canal out into the open water or is that land in there?
This area here is a canal. This is the dredged area.
C per ' ie ,i t Right and show it where it exits.
It exits right here and as you can see there is a channel that goes back out...
Okay and there is one on the other side.
(I cannot hear this portion as he is very far from mike and speaking quieter)
Okay how far out...
We're not going out. We're staying totally inside what was previously dredged and
what was previously originally...
No ... where it shows it coming out. You're not asking to dredge that?
Page 7 of 14
Exhibit 2 to Staff Report
No we are not. ...cannot hear him... he is saying something to the end of the canal
to the termination point.
Mayor Carruthers; Wait I thought you were talking about only dredging the areas that are cross
hatched. The little black areas with the stripes in it, right?
Yes that's... this is the area. This does not need dredging back here. The only area
that we are doing is where this is silted at the very end of the island itself.
C onn,�pissio ;x r ' ie ,. And you're right Dave if I understood you correctly that that problem was
mostly created by hurricane George.
George and Wilma.
C onn,�pissio per ' ie u. .xo, But my phone call started with George.
Well that's a good name. So I want to be clear that it is important that we clear that
today. We are not asking to go in any areas other than what were previously created and maintained...
what was created. We are not asking to go out into the harbor, we are not asking to go out and doing any
channels that would be ...and those are regulated by the Corps as well.
That's where the arrow goes that's why I wanted to know.
It's very confusing and that's why I want staff and also yourselves to understand that
the area at the very far end has become almost virtually impassable for vessels and yes there is seagrass
that has developed in this area and while we are aware that it is a prohibition but we have taken the steps
and I want to clarify this today for your benefit and for future board members as well, for the council and
the community. We have, in the process of contracting upon an approval to engage a firm that will
actually do the seagrass restoration and the replacement of that will be managed by a company privately
so that we are not in any way... yes we will disturb seagrass in this process but we will also be definitely
replacing under a formula that will be regulated and replace the seagrass where we are directed to replace
that.
You're displacing seagrass in a canal?
That is correct.
Mayte, if there is rip rap and then a perimeter canal, and then land ... how does
that whole thing get silted in?
layt� antaniaria: I wouldn't be able to explain that and just to clarify, I don't know if this pointer is
working... so there is the edge of the land here where there is the jetty and the homes and the seawalls
and then beyond that there was some identified area that doesn't have sides have sides above water. That
was the only area that I was identifying as the channel based on the definition that the sides are below
water and I had specifically drafted this amendment for canals based on the sounding board item and the
board discussion to focus on canals that were artificially made previously and previously dredged. And
unlike Walker's Island where it was a channel and out in open water.
Page 8 of 14
Exhibit 2 to Staff Report
Mayte, thank you very much. I think one of the things that I want to share with you
is that is not done perfectly to scale... I do reside on that side of the island and go out through that
channel ... the water depth through that channel is adequate. The problem that has occurred is that the
brick wall itself, meaning the rip rap has deteriorated because of George and unfortunately the grant and
the monies that were originally set forward in this application resulted in... they ran out of money. And
they didn't have enough stone to go the final hundred and twenty five yards on that and as a result that is
further and we are researching how to replace that and fund that as a community as well but if it was
restored to the original character that it was and also to the level that the other areas are it would absolve
that problem from reoccurring so we do realize we need to address that. There is no sense in doing the
dredging if we can't take and add the rip rap back to the area where it previously was and that's what has
caused this silting.
So you're only going to go back as far as the rip rap was damaged?
That is correct that is the...
Not the whole perimeter canal.
I previously stated that is not perfect to scale and it's reflecting that and that actually
the area that was, and I want to clearly point out that the area on that ...(pointing with laser pointer)
coming down to that property right there along... that is all dredged. That whole area is dredged on that
far side. I have fourteen foot of water in front of my own home. So that is actually dredged area so it was
previously dredged and I don't know what you would call that... a manmade canal or a dredged channel I
guess is what that terminology is. But at this point I would like to clarify that.
Mayor Carruthers; Can I ask a question? The second box from the upper right hand corner... the
basin... there is a curvy line defining that basin where it says basin. Now look where the green arrow
points to the right to the inset photo. What is that curved line? Is that rip rap? So that's rip rap defining
the basin?
And again this area as it travels the canal along the front of these residences and this
area, this was dredged and I don't know if the Corps dredged the channel coming in. That was well
before my time. I've only been here fifteen years.
Mayor Carruthers; The three areas that are pointed to with a blue open water arrows ... we don't know
if they were ever dredged do we?
We don't know that answer and that's what we're asking to determine whether they
were permitted dredging, accidental dredging or whatever the case ...we don't have any documentation
on that and we are not asking for these areas to be dredged.
Mayor Carruthers; You're not? Okay you're not asking for those areas...
This area, this is the canal area, the ones that have been identified are the interiors.
This area has not been, nor this area has not been identified for any dredging at this point because we
don't have the research to know that.
Okay so Mayte...
Page 9 of 14
We've already (oou`t hear over other odo`n) ofo channel that was dredged
thirty five years ago and never dredged agai and v/o turned it down oo...
�ommmm�m�o�mr
11�,4 Whv, if they're not asking for any permission 0o dredge there, v/hv are they on
the map?
-Nlayt� Samtammaria: This was the documentation handed out at the sounding board item and by 6bony
Popham, I used her image I just clipped it out and identified based on our definitions.
Okay oov/o want clarification today. You're not asking for any ofthose or000
shown oo open water?
These two areas exactly. And this area we are not asking today.
Connnissiotter Rice: What about the basin?
The basin isbv ... isnot to map)
Connnissiotter Rice: No, no the basin (pointing for him to go other way)
Over here, okay, wo are not asking for that today.
�ommmm�m�o�mr11�,4 Oh well okay.
Mayor Carruthers: That makes our life o little easier.
Surely and l apologize. This map was originally created bvthe Committee, showing
the or000 that did need dredging and we as the property owners 00000iodon are requesting the interior
canals and those areas that are impacted and becoming impassable.
Those are part of the canals.
Commmaimmiaoer Rice: lot nno say if can, from o historical perspective, if Sylvia you'll promise not 0o
ask me the exact oomo thing boro b000uoo l oou`t got it to you, l oo1 on that not for profit board oDor the
burdoouo that restored the outside perimeter there and David is oxooUv dubL l think they ran oliU]o obod
of money, did ogroo1 job, they were drilling holes in huge boulders and driving stainless steel spikes to
keep them from moving in the future. But they did non oliU]o bit out ofmoney toward the end and the
replacement on that end over here where you're seeing ...
Mayor Carruthers: The west end ...
Ob okay l was going to ask you where that hundred feet was
Commmaimmiaoer Rice: That didn't get done 0othe same level oo the rest ofit and presumably that's v/hv...
Commmmismio;�mr ISm� They didn't run out of money Dovid... you just spent more money than they
gave you.
Commmaimmiaoer Rice: No never.
Page 10 of 14
Exhibit 2 to Staff Report
We know how you are David.
It wasn't David's fault and I only want to point out that the stone might be a little bit
higher than what might have been originally intended in the harbor basin so I would like... I just would
like to make one further clarification. These areas are becoming impacted. I want to point out we do not
have the research on these particular areas to know that this was ever dredged or not. This area did fill in
during hurricane Wilma dramatically and did impact the homeowner's properties. But we are not
currently requesting these areas to be dredged. This is separate; this is under the auspices and control of
the marine operation at Hawk's Cay.
Mayor Carruthers; Next speaker please. Thank you Mr. Williamson.
(- - her l ,d Rollk l lsoa, Final speaker is Beth Ramsay- Vickrey.
I ' h, �,1 n , _ r Good morning Commissioners. Beth Ramsay- Vickrey, No Name Key. I am in
support of the maintenance dredging in the canals. This is something that we talked about at the Comp
Plan. It was an important subject and I thank you all for bringing it back today for further discussion.
The one issue that I had that I am asking you to consider is in the language we are using, "to restore
navigational access due to storm deposition." I'd like to see if we could change that to, "restore
navigational access due to sedimentary depositions." Sedimentary is defined as silty, muddy, and sandy,
or sandy. This scenario of storm moving sand works for ocean side canal properties but it doesn't work
for the bay side properties. The bay side properties, our biggest issue is the rafts of seaweed coming in,
sinking, and degrading and turning into muck. The channels are just clogged up with muck. That
degrades our water quality, our canals, our property value, and our communities. With this one word
change we can address the needs of the ocean side homes and the bay side homes. And I think that would
make the policy fair for everyone throughout the Keys.
Connnis iotter ice:. Yeah Beth I had pointed this out earlier in the meeting with staff. I don't think we
care what the material is or what put it there. We care that it's there and impeding the water flow and
impeding navigation. So I totally agree with you on that point.
Mayor Carruthers; Well as long as it wasn't intentionally deposited to create a need to dredge.
Connnis iotter ice:. We would presume we would have staff smart enough to figure that out too.
Mayor Carruthers; Well does it have to say natural sedimentary depositions?
I ' h, �,1 n , I am sure Mayte is awesome at figuring out the wording. I just chose the word
sedimentary because the definition was silty, muddy, or sandy and I thought those covered the conditions
that addressed both ocean side but ...
Connnis itle ice:. And I'm certainly not hearing our precise or exact wording but I think that Beth
has made a good point.
116 4 i a age,,, The other thing is how would we prove one way or another how it got there
without eye witness...
Conn,upissitn �e 'de u. xo, Oh you can now.
Page 11 of 14
{on,n,�*�onor��urph`�
Oh yeah. It's easy. Right through your fingers you can tell.
�o���sm�o�m��mm���� D�o���day
Tboukyou.
��ommmm�mm�o�e�11�,4 Nol mean how would youprovoUhotitv/osstorm, just storm related?
Storm is actually the lowest of the possibilities. Doodbnondzoo every day. A
little bit comes in, o little bit comes in.
Mayor Carruthers: There was o little island o[[ o[.. near E|000 Grande that wasn't there until oDor
YVibno. Now it's obird oouok/ozy and you can't walk on iL It wasn't there before Wilma and now it's
there and it's just sort offunny.
��ommmm�mm�o�e� B�o��m�e:
Madam Mayor, you know we've got ogood olmiGoohon today as you say
groo|k' simplifies this issue l think. But those podnnotor oonolo that you talk about Moyt& ...dhoy
are ... that's problematic. l don't know how, l mean how do you go about that and not getting us into o
oik/ohon v/boro YVolkor`o Island oonnoo book and ouyo look this is very similar. This was once dredged
book in the day and this is oUoobod to open water the oomo as we are. You know is that oproblonn? 1{ov/
can v/o deal with that? Although ldo see the need for it, especially in this kind of case you know.
Mavt� Samtammaria: l Uiod to oonno up with o definition loot night there at the bottom of the screen. &
perimeter canal is o manmade bonob 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. That actually would cover
just the ones that are adjacent to land where one side is above vvotor so it would bo different than the
Walker's Island situation where both edges were below water. And it just came to light when l was trying
to prepare this for you today to have o graphic of what we were talking about but l realized there was
another situation of canals that may or may not be addressed and just bringing that to your attention.
Mayor Carruthers: lvvould say also like Loot Stand's suggestion that hhobv currently developed
properties not adjacent 0o undeveloped land.
Yes that's important.
Mayor Carruthers: lnnoon the only way ... having said that l can 000 that there ... I'm thinking of like
obounols to got out of6ummodond Key and some pl0000 in Cudioo v/boro you have to go around to got
out to open water and part of that channel or canal or perimeter canal if you want to call it, that was o1one
point dredged past those undeveloped or000 so lnnoou we got to figure out ov/uy to do that so that we are
not encouraging development unless it's something about maintaining contiguous bouopododon from
developed property to open water or something. I mean you guys are smarter than we are so.
Heather though don't you think since v/o can't dredge anymore canals, make
any more canals, don't you think that if the land were suitable for development it would already have
been developed in this County oo much oo people love living on these canals? l can't think of any canal
that isn't already built onifit can bo built on. The others are part of wetland you know they are part of
Florida Forever, whatever has come up. They're not available for permits.
Page 12 of 14
Exhibit 2 to Staff Report
M ayor Carruthers; Maybe so. I think, and please correct me if I am wrong but I think staff you have
some idea of where we are going now. I mean am I hearing that there is concurrence that we want people
to be able to maintain navigability in these previously dredged manmade canals. Obviously we have
very... anybody that's going to do this has a whole lot of other hoops to jump through in terms of permits
from federal and state agencies correct? I mean is there anything else that ...
layt� antaniaria: Would you like staff to process this or would you like the Duck Key Properties
Association to apply for the amendments to the Comp Plan and code?
*All Commissioners shout out "Yes"
They should be responsible.
layt� antani aria: And just to be clear. I understand now that they are not proposing the open water or
the basin but the channel area below where he said it ends... you know Duck Key has that sort of point at
the end and then water... there is a little area in that picture where it goes beyond the edge of land where
he was talking about the rip rap.
The two cross hatches at the bottom ... one on either side?
layt� antani aria: (pointing with laser pointer) Right there.
And what about the one on the other side?
layt� antani aria: I don't know which one you are talking about.
Well it's on the bottom, it's the cross hatch on the bottom.
Mayte Santamariaa (pointing with laser pointer) Right here?
No go the other way ... there, there you go.
layt� antaniaria: That part is within the canal. This piece is where it leaves the land. Where the
edges are no longer above water. I want to just be clear, do you want us to try to help them propose
language for that or keep it to canals because if we allow it where both edges are underwater then it would
open up other opportunities.
Mayor Carruthers; Don't open up other opportunities.
I agree.
Does that serve their purpose though that they need?
Well they can make it serve their purpose I think.
Well they need to apply
Yes they do.
Page 13 of 14
Exhibit 2 to Staff Report
t: ")1,1A1,1Ak�r n u " �i� ,�����.x���:a Mayte, my feelings are that speaking specifically to Duck Key that what I am
hearing and I agree with and there is a lot of cost, there is a lot of agencies that are going to weigh in to
whether this can happen or not but I think what the residents of Duck Key want to maintain is keeping the
controlling depths of the water to where they can navigate those waters with the vessels that they keep at
their homes or in the boat house or whatever and as far as doing anything and as far as doing anything
that is environmentally destructive I don't think that that enters into the discussion at all. So how we
maintain or they maintain and controlling depths of their waters I'm pretty sure I support. So that's my
point.
Remember the unintended consequences George?
C
onn,upissio ;x r 'ie u. What would be the unintended consequences of maintaining what existed
years and years ago?
But that applies to Little Palm Key or whatever they named that thing.
C onn,�pissio per ' ie u. . o. No no no. You're talking canals and channels and that's not Walker's Island.
Connnis iotter ice:. And I think we have all learned something from this which is obviously learned by
the rest of Duck Key. You probably don't need to wait sixty years take care of this problem. Next time
you won't have seagrass.
Mayor Carruthers; So you have your...
Iayt� antani aria: So we'll wait for an application and we'll process it through the normal process.
I have a question for Mayte.
Mayor Carruthers; Okay make it quick because we are running out of time.
Okay why do we have a depth of six feet and everyone else has five?
Iayt� antaniaria: I honestly can't answer that question for you.
Who put six feet in there?
Iayt� antani aria: I believe it's been in there since 1986 but I don't know the source.
This in other words, the six feet has been part of our Comp Plan and all
along...
Taytt antaniaria: Yes.
Even though the state says five?
Iayt� antaniaria: Correct. And the state says five when there is no evidence of any previous permits
or anything else.
I am not objecting to six feet, I'm just curious as to why.
Page 14 of 14
ExNbt 4 to Staff Report
3 /
4
5
6 MONROE COUNTY, FLORIDA
7 PLANNING COMMISSION RESOLUTION NO. P32 -17
8
9 A RESOLUTION BY THE MONROE COUNTY PLANNING
10 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
11 BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY LAND
13 DEVELOPMENT CODE SECTION 101-1 -- DEFINITIONS TO
14 INCLUDE THE DEFINITION OF PERIMETER CANAL; AMENDING
15 SECTION 118 -10 — ENVIRONMENTAL DESIGN FOR SPECIFIC
16 HABITAT TYPES, TO ALLOW MAINTENANCE DREDGING
17 WITHIN AREAS VEGETATED WITH SEAGRAS BEDS OR
18 CHARACTERIZED BY HARDBOTTOM COMMUNITIES WITHIN
19 THE CANALS OF DUCK KEY (MM61) IN ORDER TO RESTORE
24 NAVIGATIONAL ACCESS; LIMITED TO PREVIOUSLY DREDGED
21 CANALS; NOT TO EXCEED DEPTHS OF GREATER THAN MINUS
22 SIX FEET MLW; PROVIDED THERE IS NO DEGRADATION OF
23 WATER QUALITY OR IMPACT ON SURROUNDING BENTHIC
24 RESOURCES; REQUIRING MITIGATION FOR IMPACTS WITHIN
25 THE DREDGED AREA; PROVIDED THE PROPOSED DREDGING IS
26 IN THE PUBLIC INTEREST; AS PROPOSED BY DEMETRIO BRID
27 AND DUCK KEY COMMUNITY BENEFIT INC.; PROVIDING FOR
28 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
29 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
30 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
31 PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
32 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
33
34
35 WHEREAS, on October 28, 2016„ the Planning and Environmental Resources
36 Department received an application from Trepanier & Associates on behalf of Demetrio Brid and
37 Duck Key Community Benefit, "the Applicant," (revised application received January 27, 2017)
39 to amend the Monroe County Land Development Code to allow maintenance dredging adjacent.
39 to Duck Key; and
40
41 WHEREAS, on August 11, 2017, . the Applicant submitted revised language for the
42 proposed Land Development Code amendment, which includes amending Land Development.
43 Code Section 101 -1 — Definitions to include the definition of perimeter canal; amending Section
44 118 -10 — Environmental Design For Specific Habitat Types, to allow maintenance dredging
45 within areas vegetated with seagrass beds or characterized by hardbottom communities within
46 the canals of Duck Key (mm6l) in order to restore navigational access; limited to previously
Resolution #P32 -17
File #2016-184 Page 1 of 4
i dredged canals; not to exceed depths of greater than minus six feet MLW; provided there is no
2 degradation of water quality or impact on surrounding benthic resources; requiring mitigation for
3 impacts within the dredged area; provided the proposed dredging is in the public interest; and
4
5 Whereas, the Applicant has also requested a corresponding amendment to the Monroe
6 County Year 2030 Comprehensive Plan; and
7
8 WHEREAS, on March 21, 2014, the BOCC reviewed draft amendments to the
9 Comprehensive Plan for the 2030 Comprehensive Plan update project and directed staff to
10 develop a text amendment to allow maintenance dredging at the month of a canal to restore
11 navigational access; and
12
13 WHEREAS, on July 23, 2014, the BOCC reviewed draft amendments to the
14 Comprehensive Flan for the 2030 Comprehensive Plan update project, including text
15 amendments to allow maintenance dredging at the mouth (entrance) of a canal; and at that time,
16 the BOCC recommended maintaining the proposed amendment in the 2030 Comprehensive Plan
17 update draft; and
N
19 WHEREAS, on October 7, 2014, the BOCC reviewed draft amendments to the
20 Comprehensive Plan for the 2030 Comprehensive Plan update project, including text
21 amendments to allow maintenance dredging at the mouth of a canal; and the BOCC directed
22 deletion of the proposed amendments relating to maintenance dredging at the mouth (entrance)
23 of a canal; and
24
25 WHEREAS, on October 21, 2015, . at a regularly scheduled BOCC meeting, there was a
26 Sounding Board item to discuss concerns regarding decreasing water quality and accessibility in
27 the canals of Duck Key; and
28
29 WHEREAS, on January 20, 2016, at a regularly scheduled BOCC meeting, as a follow -
30 up to the October 21, 20:15 Sounding Board discussion, staff provided the BOCC with a potential
31 Comprehensive Plan and Land Development Code amendment option based on the October 21,
32 2015 BOCC discussion and direction, and also recommended that the Duck Key residents submit
33 an application for such text amendments; and
34
35 WHEREAS, at the January 20, 2016, BOCC meeting, the BOCC gave the following
36 direction:
37 a the Duck ley property owners should apply for the applicable text amendments;
38 0 the BOCC would be willing to consider such amendments if limited to previously
39 dredged manmade canals and possibly previously dredged manmade perimeter
40 canals, but not for open water, basins, or channels;
41 0 the BOCC was favorable towards changing "storm depositions" to `'sedimentary
42 deposition," "natural sedimentary depositions," or similar language;
43 a the BOCC was favorable towards limiting eligible canals to those adjacent to
44 developed properties or those needed to maintain contiguous transportation from
45 developed properties to open water, or similar language; and,
Resolution #P32 -17
File #2016 -184 Pa-e; 2 of
1 0 the BOCC was not in favor of allowing maintenance dredging in areas with benthic
2 resources in channels, even if at the mouth of a canal — areas where both edges are
3 under water; and
4
5 WHEREAS, on February 21, 2017, the Monroe ' County Development Review
6 Committee (DRC) reviewed the proposed amendments and provided comments regarding
7 consistency with prior BOCC direction; and
8
9 WHEREAS, following the February 21, 2017 DRC meeting, the Applicant submitted
10 revised amendment language to address the comments provided in the DRC staff report and
11 during the meeting; and
12
13 WHEREAS, the proposed Land Development Code amendment was scheduled for a
14 public hearing at the June 28, 2017, Planning Commission meeting, and granted a continuance to
]5 the August 30, 2017 Planning Commission meeting, per a request by the Applicant; and
16
17 WHEREAS, on August 11, 2017, the Applicant submitted revised language for the
18 proposed Land Development Code text amendment; and
19
20 WHEREAS, the Monroe County Planning Commission held a public hearing on the 30`
21 day of August, 2017, for review and recommendation on the proposed Land Development Code
22 text amendment; and
23
24 WHEREAS, the Planning Commission was presented with the following documents and
25 other information relevant to the request, which by reference is hereby incorporated as part of the
26 record of said hearing:
27
28 1. Staff report prepared by Emily Schemper, Comprehensive Planning Manager, dated
29 June 15, 2017;
30 2. Supplemental staff report prepared by Emily Schemper, Comprehensive Planning
31 Manager, dated August 18, 2017;
32 3. Sworn testimony of Monroe County Planning & Environmental Resources
33 Department staff; and
34 4. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
35 Planning Commission Counsel; and
36
37 WHEREAS, based upon the information and documentation submitted, the Planning
38 Commission makes the following Findings of Fact and Conclusions of Law:
39
40 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
41 Monroe County Year 2030 Comprehensive Plan; and
42 2. The proposed amendment is consistent with the Principles for Guiding Development
43 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
44 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute
Resolution #P32-17
File #2016-184 Page 3 of 4
4. The proposed amendment is necessary due to changed projections, new issues,
24 Denise We!§2y Chair
25
26
27
28
29
30
a!
32
33
Signed m6 `� Jay of ' { / i 2-0
Monroe County
7 Comte Aion Attorney
a T <! m
.�: °..
FIL ED WITH TH
Date:
AGENC CLERK
Resoluti #ass R
File #20!6!«4 7 4 4