Resolution 265-2007 RESOLUTION NO. 265 -2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 EXPIRATION ON JULY 9, 2008 OR WHEN THE
AMENDMENTS BECOME EFFECTIVE,WHICHEVER OCCURS FIRST.
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact:
1. On July 20, 2005 the Board of County Commissioners adopted 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 are drafted.
2. Section 10 of Ordinance No. 17-2005 provides that the ordinance shall stand repealed
as of 11:59 p.m. on the 270th day after the effective date of the Ordinance, unless repealed sooner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 strategic plan.
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4. The Board of County Commissioners adopted the Marine Management Strategic Plan
on March 15, 2006.
5. On June 21, 2006 the Board of County Commissioners extended the Interim
Development Ordinance until July 10, 2007.
6. On September 30, 2006 the Board of County Commissioners directed staff to enter into
an interlocal agreement with" the South Florida Regional Planning Council to develop
implementation strategies recommended in the Marine Management Strategic Plan, including a
Working Waterfronts Preservation Master Plan, Marina Siting Plan, Comprehensive Development
Master Plan amendments and supporting Land Development Regulations, and a database of
marine-related facilities.
7. On April 3, 2007 the Board of County Commissioners met in a special workshop and
heard a report on the Marina Siting Plan and draft amendments to the Comprehensive Plan and
Land Development Regulations. The Board of County Commissioners acknowledged staffs
request to begin the process for review and adoption of the Marina Siting Plan, the Comprehensive
Plan amendments, and supporting Land Development Regulations.
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8. The tasks of preparing the Marina Siting Plan and amendments to the Land
Development Regulations and the Comprehensive Plan to protect against the loss of working
waterfronts and preserve public access have been completed. The amendments have been
reviewed by the Monroe County Marine and Port Advisory Committee and the Monroe County
Development Review Committee. The amendments are scheduled to be reviewed by the Monroe
County Planning Commission-for recommendation to the Board of County Commissioners.
Legislation concerning zoning and zoning regulations is therefore in progress.
9. Upon approval of the Board of County Commissioners the Marina Siting Plan and
amendments to the Comprehensive Plan and Land Development Regulations will be transmitted to
the Florida Department of Community Affairs. The required state processes for the amendment of
the land development regulations may take approximately five months.
10. The Planning Commission, at its regular meeting on June 27, 2007, recommended an
additional six month extension of the provisions of Ordinance 017-2005.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The intent and guidelines specified in Interim Development Ordinance No.
017-2005 are hereby ratified and extended until July 9, 2008 or until the amendments to the land
development regulations and comprehensive plan to facilitate preservation of working waterfront
areas become effective, whichever occurs first.
Section 2. All exemptions as stated in Section 4 of Ordinance No. 017-2005 and all
applications of the ordinance as stated in Section 5 of Ordinance No. 017-2005 shall remain.
Section 3. Because of the pending legislation, Staff is directed to continue to defer:
a) Accepting or processing development applications relating to
redevelopment or conversion of existing uses and structures for:
(1) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
b) Issuance of building permits for redevelopment or conversion of existing
uses and structures for:
(1) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
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(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel or parcels of working waterfront to a
commercial marina or a non-water dependent use.
c) Issuance of development orders and development permits of existing uses
and structures for: •
(1) any change of use of a commercial marina from a water-dependent use
to a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 18th_day of July , 2007.
Mayor Mario Di Gennaro Yes
Mayor Pro Tem Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
cn —° J+ _Commissioner Sylvia J. Murphy Yes
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- &5- BOARD OF COUNTY COMMISSIONERS
N --' C-') OF MONROE COUNTY, FLORIDA
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June 28, 2007sg