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Item R2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Growth Management Bulk Item: Yes No X Staff Contact Person/Phone ft: Christine Hurley 289-2517 AGENDA ITEM WORDING: A public hearing to consider a resolution repealing Resolution 2 1 Oa-2014, transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the Monroe County 2010 Comprehensive Plan by creating Policy 202.8.6 to allow the implementation of canal restoration pilot projects by public entities (County, State or Federal)which include the removal of organic material by vacuum dredge from artificial canals characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan to depths greater than minus six (-6) feet mean low water.(Legislative Proceeding) ITEM BACKGROUND: Monroe County in association with State and Federal Agencies has been working together to develop a management process for addressing the restoration of the canals in the Florida Keys, including: • Implementation of the Monroe County Sanitary Wastewater Master Plan (CH2MHILL 2000) and Monroe County Stormwater Master Plan(CDM 200 1); and • Completing, the Monroe County Residential Canal Inventory and Assessment project, providing an inventory of existing canals and a broad overview of potential technologies(MACTEC 2003); and • Development and implementation of a comprehensive Canal Management Master Plan. In March, 2012, the Canal Subcommittee of the Florida Keys National Marine Sanctuary (FKNMS) Water Quality Steering Committee initiated work on Phase I of the Canal Management Master Plan (CMMP): • Develop a basic conceptual framework for canal restoration and management that is comparable to the frameworks used in the County's existing wastewater and stormwater master plans; and • Identify a short-list of high-priority canal restoration projects which can be implemented by the County and other Water Quality Protection Program(WQPP)participants over the next several years. In 2013,AMEC Environmental& Infrastructure, Inc, completed the Monroe County Canal Management Master Plan (CMMP) for Monroe County, the Environmental Protection Agency, and the FKNMS WQPP Steering Committee and the WQPP Canal Restoration Advisory Committee. One of the recommended management strategies included in the CMMP is the removal of accumulated organic material from some of the canals that exhibit fair to poor water quality. Organic removal consists of removing(dredging)the decomposed weed wrack material present at the bottom of a canal. Currently, the Monroe County Comprehensive Plan prohibits new dredging and does not allow maintenance dredging within areas vegetated with seagrass beds or characterized by hardbottom communities (e.g. benthic communities) except for maintenance in public navigation channels. The Monroe County Comprehensive Plan also limits maintenance dredging to a depth of minus six (-6) feet mean low water. This amendment is being proposed to evaluate: the technologies recommended in the CCMP, including the removal of organic material from deep canals, as the organic material on the canal bottom consumes large amounts of dissolved oxygen and depletes the viability of a canal's ecosystem as well as the adjacent near shore waters. If the BOCC votes to transmit the proposed comprehensive plan amendment to the State Land Planning Agency, the State Land Planning Agency will then review the proposed amendment and issue an Objections, Recommendations and Comments (ORC) Report, addressing any issues with internal consistency, data and analysis, or consistency with the statutes or the Principles for Guiding Development, Upon receipt of the ORC report,the BOCC will have up to 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendments. PREVIOUS RELEVANT BOCC ACTION: On September 17, 2014, the Monroe County Board of County Commissioners held a public hearing to review and discuss the proposed amendment and recommended revisions to the amendment to include: a requirement for a public hearing before the BOCC for development approval for organic material removal by vacuum dredge to depths greater than minus six (-6) feet mean low water; water quality monitoring for a 2 year period to determine organic removal project effectiveness and water quality reports from the Water Quality Committee before expanding the Comprehensive Plan to other canal projects or private applicants. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year APPROVED BY: County Atty>—j!�! OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# ( " �. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING RESOLUTION NO. 210a-2014, TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CREATING POLICY 202.8.6 TO ALLOW THE IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH INCLUDE THE REMOVAL OF ORGANIC MATERIAL BY VACUUM DREDGE FROM ARTIFICIAL CANALS CHARACTERIZED AS HAVING POOR OR FAIR WATER QUALITY WITHIN THE 2013 MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO DEPTHS GREATER THAN MINUS SIX (-6) FEET MEAN LOW WATER. --------------------------------------------------------------------------------------------------------------------- WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners supported the transmittal of the requested text amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby repeal Resolution No. 210a- 2014, identified within Exhibit 1, which is attached hereto and incorporated herein. Section 2. Resolution No. 210a-2014 is hereby repealed, effective upon adoption. P. 1 of 2 Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 17th day of October, 2014. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor Sylvia Murphy MONROE COUNTY A NEY APR ED AS TO M: S' 'EVEN T. WILLIAMS ASSISTANT OUNrTYTORNEY Date (SEAL) ATTEST: Amy Heavilin, Clerk Deputy Clerk P.2 of 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 210a-2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CREATING POLICY 202.8.6 TO ALLOW THE IMPLEMENTATION OF CANAL RESTORATION PROJECTS BY PUBLIC ENTITIES (COUNTY, STATE OR FEDERAL) WHICH INCLUDE THE REMOVAL OF ORGANIC MATERIAL BY VACUUM DREDGE FROM ARTIFICIAL CANALS CHARACTERIZED AS HAVING POOR OR FAIR WATER QUALITY WITHIN THE 2013 MONROE COUNTY CANAL MANAGEMENT MASTER PLAN TO DEPTHS GREATER THAN MINUS SIX (-6) FEET MEAN LOW WATER. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the transmittal of the requested text amendment„ NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation o the Planning Commission to transmit the draft ordinance for review of the proposed text amendment. m:", t of 2 Section 2. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment i accordance with the requirements of Section 163.3184(4)„ Florida Statutes. Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a regular meeting held on the 17th day of September,2014. Mayor Sylvia Murphy Yes Mayor Pro Tern Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Absent Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY Mayor Sylvia Murphy I Amy P �To. REY Heavilin,Clerk a Deputy Clerk P.2 of