Item R8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15,2005
Division:
Growth Manatrement
Bulk Item; Yes_
No -X-
Department: Planning and Environmental Resources
Staff Contact Person:
K. Marlene Conaway
AGENDA ITEM WORDING:
A public hearing to consider an Interim Development Ordinance (IDO) deferring the acceptance of applications for
redevelopment and conversion of marine facilities including commercial marinas and working waterfront within 365 days
of the effective date of the Ordinance or when the comprehensive plan and land development regulations become effective,
whichever comes first. (Second of two public hearings)
ITEM BACKGROUND:
Monroe County is experiencing the loss of and redevelopment of marine facilities including commercial marinas and the
working waterfront including boat yards, wet storage, fish houses and commercial fishing vessel dockage at an
unprecedented rate. The County finds that it is necessary to enact an Interim Development Ordinance deferring the
acceptance of development applications that seek development approval for the redevelopment and conversion of marine
facilities and working waterfront properties, The County has contracted with South Florida Regional Planning Council to
prepare a public water access and marine facilities plan and develop implementation measures including Comprehensive
Plan and Land Development Regulations.
At the March 10, 2005 public meeting of the Development Review Committee, the Committee voted to recommend
approval of the proposed IDO to the Planning Commission. At the March 23, 2005 public meeting of the Planning
Commission, the Commission continued the item to the April 13, 2005 Planning Commission in Marathon. At the April
13,2005 Planning Commission meeting, the CommiSSion heard the item but was unable to recommend action to the Board
of County Commissioners (BOCC). Al the May 11,2005 Planning Commission, the Commission voted to not recommend
approval of the IDO to the BOCC.
PREVIOUS REVELANT ROCC ACTION:
The BOCC at a regular meeting on January 19,2005, directed staff to prepare an interim development ordinance to prevent
further redevelopment and conversion of marine facilities including commercial marinas and the working waterfront, and to
implement a policy of "No-Net-Loss" of public access to marine facilities while County legislation is being prepared. The
BOCC conducted the first of two public hearings on April 20, 2005. The hearing was continued to the May IS, 2005,
BOCC meeting, and continued again to the June 15,2005 BOCC meeting.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY: NI A
REVENUE PRODUCING:
BUDGETED: Yes _No N/A
SOURCE OF FUNDS:
N/A
Yes N/A No
Year
APPROVED BY:
County Attorney
Risk Management ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
DISPOSITION: AGENDA ITEM #
I< VV't
DRC:
PC:
INTERIM DEVELOPMENT ORDINANCE
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT
ORDINANCE DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICA TIONS FOR THE REDEVELOPMENT AND CONVERSION
OF MARINE FACILITIES INCLUDING COMl\t1ERCIAL MARINAS
AND THE WORKING \VATERFRONT UNTIL LAND
DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN
AMENDMENTS ARE DRAFTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF'
COMMUNITY AFFAIRS (DCA); AND PROVIDING F~OR
EXPlRA TION WITHIN 365 DAYS OF THE KFFECTIVE DATE OF
THE ORDINANCE OR WHEN THE AMENDMENTS BECOME
EFFECTIVE, WHICHEVER COMES FIRST.
RECOMMENDA TIONS
Approval
Denial
March 10, 2005
May 11,2005
Resolution #P 18-05
HOCC-IDO - Working Wml'lji'fJliI-2'''' hearing
Alay 27, 2005
BOCC-IDO ~Working \Vatcrrront~2"" hearing
DRAFT BOCC ORDINANCE
May 27, 2005
INTERIlVl DEVELOPlVlENT ORDINANCE
DEFERMENT OF DEVELOPMENT APPLICATIONS
FOR THE
REDEVELOPMENT AND CONVERSION
OF MARINE FACILITIES AND THE WORKING WATERFRONT
BOARD OF COUNTY COMMISSIONERS
MARA THON
June 15, 2005
BOCC-IDO -Working Walerfront-2'"i hearing
May 27, 2005
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OJ?
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPT ANCE OF DEVELOPMENT APPLICATIONS FOR
THE REDEVELOPl\,IENT AND CONVERSION OF MARINE
FACILITIES INCLUDING COMMERCIAL MARINAS AND
THE WORKING WATERFRONT UNTIL LAND
DEVELOPMENT REGULATIONS AND COMPREHENSIVE
PLAN AMENDMENTS ARE DRAFTED; PROVIDING FOR
EXEMPTIONS; PROVIDING 'FOR TRANSMITTAL TO
FLORIDA DEPARTMENT UF COMMUNITY AFFAIRS
(DCA); AND PROVIDING FOR EXPIRATION \VITHIN 365
DAYS OF THE EFFECTIVE DATE OF THE ORDINANCE OR
\VHEN THE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST.
BE IT ORDAINED BY THE BOARD OF COlJNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-185 of the Monroe County Code is hereby created to read as follows;
Section 9.5~185. Interim Development Provisions Relating To Working Waterfront
Areas And Public Access To Beaches And Shorelines.
1. Definitions. As used in this Ordinance, the following terms shall have the definitions
provided, unless the context clearly provides otherwise:
a. "Commercial marina" shall mean any facility or facilities, having three or more slips,
docks, or docking spaces, conducting business involving the sale, repair, rental, storage, and
servicing of boats, and including accessory retail uses. The term includes a licensed commercial
facility which provides secured public moorings or wet storage for private pleasure vessels or
commercial vessels on a leased basis. The term does not include privately owned individual berths
or docks accessory to land based dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of February 28,
2005, and the customary and regular uses of that structure up to and including February 28,2005.
c. "Marine facility" shall mean commercial marinas, the working waterfront, boat ramps,
and any other locations that provide public access to the navigable waters of the state.
d. "Public access" shall mean the ability of the public to physically reach, enter, or use
beaches and shores. The tenTI shall have the same meaning as defined in Rule 9J-5.003(97), Florida
Administrative Code.
BOCC-!DO ~Workifig Waterfrom-2'"' hearing
May 27.2005
e. "Working waterfront" shall mean a parcel or parcels of real property that are used for
water dependent boat yards, wet storage of boats and vessels, commercial fish houses (fish landings,
processing and packaging) and commercial fishing vessel dockage. The term does not include
commercial marinas providing dockage for pleasure watercraft.
f. "Water-dependent uses" shall mean activities which can be carried out only on, in or
adjacent to water areas because the use requires access to the water body for waterborne
transportation, including ports or marinas, and recreation. The term shall have the same meaning as
defined in Rule 915-003(137), Florida Administrative Code.
g. "Water-enhanced uses" shall mean activities that are not water-dependent uses but
benefits economically or aesthetically by its location adjacent to or on the waterfront. The term
includes dock side bars, restaurants, hotels, motels, and residential uses.
2. Findings by Board of County Commissioners. The Board of County Commissioners,
based upon minutes of prior meetings of the Board, presentations of staff, comments by the public,
provisions of Florida Statutes and Florida Administrative Code Rules, and Monroe County public
records, hereby finds as follows:
a. The Board of County Commissioners at a public meeting held on August 18, 2004,
directed county staff to have a public water access and marine facilities plan prepared for Monroe
County.
b. The Board of County Commissioners discussed a policy of "No Net Loss" of working
waterfront or public access at a public meeting held on December 16, 2004.
c. Monroe County is experiencing the loss of working waterfront and the loss of public
access due to the redevelopment of marine facilities, commercial marinas, and the working
waterfront, including boat yards, wet storage of vessels and boats, fish houses and commercial
fishing vessel dockage, at an unprecedented rate.
d. The continued loss of working waterfront and public access in the County is and wiII be
detrimental to the economic and social well-being and the health, safety, and welfare of the citizens
of Monroe County.
e. If the Comprehensive Plan and land development regulations are not amended to control
certain conversions and redevelopments, future losses of working watenront and public access wiII
negatively affect the economy and bring an end to critical marine-related services, including boat
yards, commercial marinas that are available to the public, and traditional trades associated with
commercial fishing.
f. It is necessary to undertake a comprehensive and deliberate analysis of the economic,
social, and quality of life implications of continued conversions and redevelopments and the impact
of same on the public access and the working waterfront.
g. Preserving the status quo while undertaking the analysis will ensure that the County's
problems related to diminished public access and further loss of working waterfront will not be
ROCC-/DO . Working Wa!erf'rofl/- 2"" hearing
Ma.,>, 27. 2005
exacerbated during the time it takes to prepare a well-reasoned and equitable planning and
regulatory program.
h. Preserving the status quo for a temporary period of time will prevent development that
could be inconsistent with the Comprehensive Plan and/or with pending changes to the
Comprehensive Plan or land development regulations.
i. A number of waterfront property owners are exploring the possible change of use of their
property to private residential uses and private exclusive use of docks and docking spaces which
will further decrease the public access and/or working waterfront.
j. Goal 212 of the 2010 Comprehensive Plan provides that "Monroe County shall prioritize
shoreline land uses and establish criteria for shoreline development in order to preserve and enhance
coastal resources and to ensure the continued economic viability of the County".
k. Goal 213 of the 2010 Comprehensive Plan provides that "Monroe County shall ensure
adequate public access to the beach or shoreline.
I. Objective 502.1 of the 2010 Comprehensive Plan provides, in pertinent part, that Monroe
County shall promote the preservation and enhancement of the existing ports and port related
acti vi ties.
m. Monroe County needs to update and augment its inventory of public access and
waterfront facility locations and spedfic waterfront uses in order to have a thorough and accurate
understanding of the socio-economic data relating to the existing situation.
n. Accepting or processing of development applications during the term of this ordinance
would result in confusion for property owners, inefficiendes in governmental services, potentially
redundant review processes, and may unreasonably affect the expectations of property owners.
o. The approval of development applications for working waterfront property conversions
and redevelopment will result in the continued and irreversible loss of public access and working
waterfront.
p. The exemption of certain spedfied uses and development activities advances the intent of
this Ordinance and will not diminish public access or further the loss of working waterfront.
q. The Board of County Commissioners recognizes the need to develop comprehensive plan
and land development regulations and programs to preserve marine fadlities, including commercial
marinas, and to protect public access and the working waterfront.
r. The Board of County Commissioners at a public meeting held on January 19,2005, voted
to contract with the South Florida Regional Planning Council to prepare a public access and marine
facilities plan and suggested implementation measures, including Comprehensive Plan amendments
and Land Development Regulations.
s. Monroe County has committed necessary staff and resources to the development of
policies and regulations relating to the working waterfront and public access.
BOCC~IDO -Working Wall'lfran/.2'.'" hearing
May 27. 2005
1. This interim Ordinance and the planned amendments to the Comprehensive Plan and
Land Development Regulations are necessary to protect the health, safety, and general welfare and
to advance the policies set forth in the Comprehensive Plan.
u. The utilization of the moratorium device as a temporary measure to facilitate government
decision making, study and adoption of comprehensive plan and land development regulations is a
legitimate governmental tool to facilitate logical and considered growth and is a means of avoiding
inefficient and ill-conceived development.
v. The Board of County Commissioners finds that it is necessary to enact an Interim
Development Ordinance deferring the acceptance of development applications that seek
development approval for the conversion or redevelopment of waterfront properties.
w. The Board of County Commissioners finds that a 365-day deferment of development
applications and approvals as provided herein is reasonable and is the minimum necessary to protect
the health, safety, and general welfare of the citizens of Monroe County and to implement the
Comprehensive Plan.
x. The temporary defenal of development applications and approvals as provided in this
Ordinance is not intended nor shall it be construed to inhibit the existing lawful use of properties in
accordance with the Comprehensive Plan and land development regulations.
y. Chapter 125, Florida Statutes, authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety and welfare of the citizens of Monroe County.
Z. This Interim Development Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Sections 163.316, et seq., Florida Statutes, which, inter alia,
encourages the use of innovative land development regulations, including provisions like moratoria
to implement the adopted Comprehensive Plan.
aa. The Board of County Commissioners at a public meeting held on January 19, 2005,
directed staff to prepare an ordinance deferring acceptance of applications for redevelopment of
marine facilities, including commercial marinas and the working waterfront (boat yards, wet and dry
vessel and boat storage, fish houses and commercial fishing vessel dockage), that would diminish
public access or further result in the loss of working waterfront, while staff prepares amendments to
the 2010 Comprehensive Plan and Land Development Regulations.
bb. As directed by the Board of County Commissioners, the Growth Management staff
immediately undertook the development of this Interim Development Ordinance and preparation of
a contract for the development of a public access and marine facilities plan and suggested
implementation measures including Comprehensive Plan amendments and Land Development
Regulations.
cc. The Monroe County Planning Commission reviewed the draft Interim Development
Ordinance at a public hearing held on May 11, 2005, and has recommended approval of the
ordinance to the Board of County Commissioners.
ROCC-IDO -Working W(1le(front~2W hearing
May 27. 2005
dd. The Board of County Commissioners has reviewed and considered the draft Interim
Development Ordinance recommended by the Planning Commission and Planning staff.
3. Purpose and Intent. This Interim Development Ordinance implements the Board of
County Commissioners' intent to temporarily curtail further redevelopment and conversion of
marine facilities that result in the loss of working waterfront and diminish public access, in order to
implement the Commission's policy of "No-Net-Loss" of working watelfront and public access
while legislation is being prepared.
4. Exemptions.
a. The provisions of this Ordinance shall not apply to a development under an approved
Conditional Use Permit; general maintenance, repair and/or safety improvements; and shall not
apply to any modification, improvement, or expansion to existing marine facility that does not
diminish public access and does not result in the loss of working waterfront
b. The provisions of this Ordinance shall not apply to an application for a building permit or
development approval submitted to the County on or before February 28,2005.
c. The provisions of this Ordinance shall not apply to an application for or issuance of a
building permit or development approval for any development or redevelopment that is otherwise
allowed pursuant to the Monroe County Land Development Regulations and the 2010
Comprehensive Plan.
5. Application of Ordinance. This Ordinance shall be applicable to redevelopment
and conversion of existing uses and structures which involve:
a. Any change of use of a commercial marina from a water-dependent use to a water-
enhanced or a non-water-dependent use.
b. Any division of uplands and/or bay bottom of existing marine facilities into individual
parcels regardless of type of ownership.
c. Any modification, improvements or expansions of existing marine facilities which would
diminish public access or result in a loss of working waterfront
d. Any change of use of a parcel of parcels of working waterfront to a commercial marina
or a non-water dependent use.
6. Moratorium.
a. Commencing on the effective date of this Ordinance, a moratorium shall be in effect
within unincorporated Monroe County relating to, and prohibiting:
1). Accepting or processing development applications relating to redevelopment or
conversion of existing uses and structures as listed in sub-sections Sa through 5d.
80CC-IDO .IVorking Wate,fronl-ri hearing
May 27,2005
2). Issuance of building permits for redevelopment or conversion of existing uses
and structures as listed in sub-sections 5a through 5d.
3). Issuance of development orders and development permits of existing uses and
structures as listed in sub-sections Sa through 5d.
b. Any application for a building permit or development approval, submitted on or after
March 1, 2005, for any development or redevelopment of structures or uses identified in sub-
section S shall not be accepted or processed by the Growth Management Division.
7. Interim Regulations. Pursuant to its lawful authority and the pending legislation
doctrine as set forth in Smith v. City o.lClearwater, 383 So.2d 681 (Fla. 2d DCA, 1980), the Board
of County Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the date the Comprehensive Plan
amendments and Land Development Regulations become effective, or until repeal of this
Ordinance, whichever first occurs.
8. Administrative Appeal. Any property owner adversely affected by the application
of this Ordinance may seek an administrative determination that, prior to March 1, 2005, the
owner's proposed development or redevelopment met the vested rights standards set forth in
Section 9.5-181, Monroe County Code. To request an administrative determination, the property
owner shall file an Application For Determination of Vested Rights with the Director of Growth
Management. The application, together with an administrative filing fee of Four Hundred Dollars
($400.00), must be filed within sixty (60) days from the effective date of this Ordinance.
9. Duty of County Administrator. The County Administrator is directed to have the
Growth Management Division immediately begin preparing draft amendments, regulations and
other supporting studies, in cooperation with the Monroe County Planning Commission, to address
the issue of redevelopment and conversion of marine facilities that result in diminished public
access or loss of working waterfront.
10. Repealer Provision. This ordinance shall stand repealed as of II :59 p.m. on the
365th day after the effective date of the Ordinance, unless repealed sooner by the Board of County
Commissioners or upon the adoption by the Board of County Commissioners and approval by the
Florida Department of Community Affairs of amendments to the Comprehensive Plan and Land
Development Regulations addressing public access and marine facilities.
Section 2. If any section, subsection, sentenee, clause, item, charge or proVISIOn of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted to the Florida Departmcnt of Community Affairs
pursuant to Chapter 380, Florida Statutes, and the DCA is rcquested to review and approve it by
Immediate Final Order in accordance with Section 120.569(2)(n), Florida Statutes, in recognition of
the public importance of retaining the working waterfront, marine facilities, and public access, and
to prevent the threat of further loss thereof as "an immediate danger to the public health, safety, or
80CC-/DO -??r!rking Watelji'ol1l-T''' hearing
May 2 7. 20f)5
welfare" .
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving this ordinance pursuant to FIOlida Statutes,
Chapter 380.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the _ day of , 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MONRoe COUNTY ATTORNEY
.. ~APPROVEOM TO FOAf .
~\,/J '", '" .~./ ~ it J -0=:
Ollie:
BOCC-1DO -Working WaU'rlronl~2'''i !rearing
May 27. 2005
BOCDIDO - Working WareJ.1rolll-2'''' hearing
BOCC STAFF REPORT
May 27, 2005
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
May 27, 2005
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning and Environmental Resources
RE:
Interim Development Ordinance-Marine Facilities and Working Waterfronts
'MEETING DATE: June 15, 2005
Summary
The Board of County Commissioners (BOCC) at a regular meeting on January 19,2005, directed
Growth Management staff to prepare an Interim Development Ordinance (IDa) defening the
acceptance of applications for redevelopment and conversion of marine facilities including
commercial marinas and the working waterfront (boat yards , wet storage, fish houses and
commercial fishing vessel dockage) while staff prepares amendments to the 2010
Comprehensive Plan and Land Development Regulations (LDR). Concurrently, following
direction of the BaCC at the same regular meeting on January 19, 2005, Growth Management
staff immediately undertook the development of this Interim Development Ordinance and
preparation of a contract for the development of a public water access and marine facilities plan
and implementation measures including 2010 Comprehensive Plan and Land Development
Regulations.
This IDO provides for specific exemptions and clarifying definitions. Since the April 20, 2005
BOCC hearing, dry storage has been removed from the definition of the working waterfront.
The IDa is to expire within 365 days from the effective date of the Ordinance, or when the 2010
Comprehensive Plan and LDR amendments become effective, whichever comes first.
At the March 10, 2005 public meeting of the Development Review Committee, the Committee
voted to recommend approval of the proposed IDO to the Planning Commission. At the March
23, 2005 public meeting of the Planning Commission, the Commission continued the item to the
April 13, 2005 Planning Commission in Marathon. At the April 13,2005 Planning Commission
meeting, the Commission heard the item but was unable to recommend action to the Board of
County Commissioners (BOCC). At the May 11, 2005 Planning Commission, the Commission
voted to not recommend approval of the IDO to the BaCe.
The Bacc conducted the first of two public hearings on April 20, 2005. The hearing was
continued to the May 18,2005, Bacc meeting, and continued again to the June 15,2005 BaCC
meeting.
BOCC.IDO . Working Wateljrrmt.2"d hearing
May 27. 2005
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
Background
Monroe County is experiencing the loss of and redevelopment of marine facilities and the
working waterfront including commercial marinas, boat yards, wet storage, fish houses and
commercial fishing vessel dockage, at an unprecedented rate. A number of waterfront owners
are exploring the possible change of use of their property, to private residential uses and private
exclusive use of dockage which will further decrease the public access and working waterfront
usages. There is great concern that if nothing is done to control this redevelopment that future
losses of waterfront facilities will negatively affect the economy and bring an end to critical
marine services (e.g. boat yards), commercial marinas that are available to the public and
traditional trades associated with commercial fishing and other water-dependent uses. The
pressure to redevelop waterfront properties to non-water related or non-water dependent type
uses is such that unless acceptance of such applications is deferred, there is not time to write land
development regulations or Comprehensive Plan amendments to adequately address the probable
negative impacts of the rapid rate of change.
The County does not have an accurate inventory of pertinent waterfront facility locations and
specific waterfront uses and a thorough understanding of the socio-economic data on existing
waterfront marine facilities. However, the County recognizes the need to develop
comprehensive plan and land development regulations and programs to preserve marine facilities
including commercial marinas and the working waterfront. To address these needs, the Board of
County Commissioners, at their meeting of August 18,2004, directed staff to have a public water
access and marine facilities plan prepared for Monroe County. A "no net loss" of public access
to the waterfront policy was discussed by the BOCC at their December 16, 2004, meeting. At
their meeting of January 19, 2005, the BOCC voted to contract with the South Florida Regional
Planning Council to prepare the public water access and marine facilities plan and
implementation measures including Comprehensive Plan and Land Development Regulation
amendments.
The contract to prepare the plan and implementation measures is further substantiated by Goal
212 of the 2010 Comprehensive Plan which directs the County to prioritize shoreline land uses
and establish criteria for shoreline development in order to preserve and enhance coastal
resources and to ensure the continued economic viability of the County; Goal 213 of the 2010
Comprehensive Plan which directs the County to ensure adequate public access to the beach or
shoreline; and Objective 502.1 of the 2010 Comprehensive Plan which direct the County to
promote the preservation and enhancement of the existing ports and port related activities.
The Florida State Legislature recently passed a working waterfront bill, HB955~06Mer,
which enunciates the State's interest in maintaining recreational and commercial working
waterfronts and public access to waterfront property, and requires the future land use plan
element of local comprehensive plans for coastal counties to include criteria to encourage
the preservation of recreational and commercial working waterfronts. Provision of tax
incentives and deferrals are also included. The bill has moved on to the Governor for
signature. If signed, the bill becomes effective January 1, 2006.
fJOCC-[DO -Working Warofronl-2"" Iwaring
May 27. 2005
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
The purpose of the proposed deference of accepting applications is to provide time for the
preparation of the public water access and marine facilities plan and implementation measures by
the South Florida Regional Planning Council. This IDO will also provide time for staff to draft
the necessary Land Development Regulations and 2010 Comprehensive Plan amendments, the
Planning Commission to review the proposed changes and the public time to consider,
understand and comment on the amendments. Monroe County is acting expeditiously by
proposing this Interim Development Ordinance so that Comprehensive Plan and LDR
amendments can be developed which wiII be in coordination with the pending State legislation.
This Ordinance shall be applicable to redevelopment and conversion of existing uses and
structures which involve:
a. Any change of use of a commercial marina from a water-dependent use to a water-
enhanced or a non-water-dependent use.
b. Any division of uplands and/or bay bottom of existing marine facilities into individual
parcels regardless of type of ownership.
c. Any modification, improvements or expansions of existing marine facilities which
would diminish public access or result in a loss of working waterfront
d. Any change of use of a parcel of parcels of working waterfront to a commercial
marina or a non-water dependent use.
As used in this Ordinance, the following terms shall have the definitions provided, unless the
context clearly provides otherwise:
a. "Commercial matina" shall mean any facility or facilities, having three or more slips,
docks, or docking spaces, conducting business involving the sale, repair, rental, storage, and
servicing of boats, and including accessory retail uses. The term includes a licensed commercial
facility which provides secured public moorings or wet storage for private pleasure vessels or
commercial vessels on a leased basis. The term does not include privately owned individual
berths or docks accessory to land based dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of February 28,
2005, and the customary and regular uses of that structure up to and including February 28,
2005.
c. "Marine facility" shall mean commercial marinas, the working waterfront, boat
ramps, and any other locations that provide public access to the navigable waters of the state.
d. "Public access" shall mean the ability of the public to physically reach, enter, or use
beaches and shores. The term shall have the same meaning as defined in Rule 9J-5.003(97),
Florida Administrative Code.
e. "Working waterfront" shall mean a parcel or parcels of real property that used for
water dependent boat yards, wet storage of boats and vessels, commercial fish houses (fish
BOCC-IDO -Working WllleJfmnt-2'''' hearing
May 27. 2005
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
landings, processing and packaging) and commercial fishing vessel dockage. The term does not
include commercial marinas providing dockage for pleasure watercraft
f. "Water-dependent uses" shall mean activities which can be carried out only on, in or
adjacent to water areas because the use requires access to the water body for waterborne
transportation, including ports or marinas, and recreation. The term shall have the same meaning
as defined in Rule 9J5-003(137), Florida Administrative Code.
g. "Water-enhanced uses" shall mean activities that are not water-dependent uses but
benefits economically or aesthetically by its location adjacent to or on the waterfront. The term
includes dock side bars, restaurants, hotels, motels, and residential uses.
Dry storage has been removed from the definition of working waterfront.
The following exemptions are provided in this Ordinance:
. The provisions of this Ordinance shall not apply to a development under an approved
Conditional Use Permit; general maintenance, repair and/or safety improvements: and
shall not apply to any modification. improvement, or expansion to existing marine facility
that does not diminish public access and does not result in the loss of working waterfront
. The provisions of this Ordinance shall not apply to an application for a building permit or
development approval submitted to the County on or before February 28, 2005.
. The provisions of this Ordinance shall not apply to an application for or issuance of a
building permit or development approval for any development or redevelopment that is
otherwise allowed pursuant to the Monroe County Land Development Regulations and
the 2010 Comprehensive Plan.
Staff Recommendation
The Planning Staff recommends the Monroe County Board of County Commissioners
APPROVE the attached Interim Development Ordinance deferring development applications for
the redevelopment and conversion of marine facilities and the working waterfront including
commercial marinas and working waterfront within 365 days of the effective date of the
Ordinance or when the comprehensive plan and land development regulations become effective,
whichever comes first.
Race/DO - Working Watelfronr-2,ul hearing
May 27. 2005