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Item S1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 21,2006 Division: Growth Management Bulk Item: Yes No X Department: Planning Staff Contact Person: Ty Symroski AGENDA ITEM \VORDING: A public hearing to consider a resolution to extend an Interim Development Ordinance (IDO) deferring the acceptance of application for redevelopment and conversion of marine facilities including commercial marinas and working waterfront for 365 days after the original expiration date of Ordinance 017-2005 which new expiration date is July 10, 2007 or when the comprehensive plan and land development regulations becomes effective, whichever comes first. ITEM BACKGROUND: Monroe County is experiencing the loss of and redevelopment of marine facilities including commercial marinas and the working waterfront including boatyards, 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 will enter into a contract 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. PREVIOUS RELEVANT BOCC ACTION: Fcbmary 2005-Approved contract with South Florida Regional Planning CounciI (SFRPC) and Florida A.tlantic University (F AU) to complete Marine Management Strategic Plan and complete draft of amendments to the LDRs and Comprehensive Plan. July 200S-Adopted Ordinance No. 017-2005-An IDO deferring the acceptance of development applications for the redevelopment and conversion of marine facilities. March 2006-Accepted findings of the Marine Management Strategic Plan. May 2006-Directed staff to extend the lDO and adopt amendments to the LDRs and the Comprehensive Plan. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATION: Approval. TOTAL COST: NiA BUDGETED: Yes No COST TO COUNTY: NiA SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH Year APPROVED BY: County Atty -2L...~ OMB/Purchasing ~_Risk Management__ j -~~. )../ DIVISION DIRECTOR APPROVAL: /L- / Ty Symroski DOCUMENTA TION: Included X _ Not Required ________ DISPOSITION: AGENDA ITEM #_ RESOLUTION NO. -2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING INTERIM DEVELOPMENT ORDINANCE NO. 017-2005 DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR THE REDEVELOPMENT 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 TRANSMITT AL TO FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS (DCA); AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THE RESOLUTION OR WHEN THE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST. \VHEREAS, the Monroe County Board of County Commissioners make the following findings of facts: 1. On July 20,2005 the Board of County Commissioners adopted Ordinance No. 017.2005 deferring the acceptance of development applications for the redevelopment and conversion of marine facilities including commercial marinas and the working waterfront until land development regulations are drafted; and 2. Section 10 of Ordinance No. 17-2005 provides that the ordinance shall stand repealed as of II :59 p.m. on the 270th 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. 3. Ordinance No. 17-2005 directed staff 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. 4. Unless extended, Ordinance No. 17-2005 expires and stands repealed on July II, 2006. 5. The Board of County Commissioners adopted the Marine Management Strategic Plan on March 15,2006. 6. The tasks of preparing and adopting amendments to the Land Development Regulations and the Comprehensive Plan to protect the against the loss of working waterfronts and public access due to the redevelopment of marine facilities and the working waterfront, including boat yards, wet storage of vessels and boats, fish houses and commercial fishing vessel dockage, commercial marinas have not been completed. Working Waterfront Resolution 5-25-06 10f3 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Interim Development Ordinance No. 017-2005 is hereby extended for 365 days after the original expiration date of Ordinance No. 017-2005 which new expiration date is Julyl0, 2007 or when the amendments to the land development regulations and comprehensive plan to facilitate preservation of working waterfront areas become effective, whichever comes first. Section 2. All exemptions as stated in Section 4 of Ordinance No. 017-2005 and all application of ordinance as stated in Section 5 of Ordinance No. 017-2005 shall remain. Section 3. All deferrals as stated in Seetion 6 of Ordinance No. 017-2005 shall remain. Section 4. If any section, subsection, sentence, clause, item, charge or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. This resolution shall be transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes, and the DCA is requested to review and approve it by Immediate Final Order in aecordance 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 welfare", Section 6. This resolution shall be filed in the Office of the Secretary of State of the State of Florida. The remainder of this page left blank. Working Waterfront Heso]ution 5.25.{)6 2 of 3 Working Waterfront IDO Extension PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the ~ day of , 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner David Rice Commissioner Glenn Patton BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY 1.. KOLHAGE, CLERK By: Deputy Clerk Working Watcl"lronl Resolution 5-25-06 3of3