Item Q11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2008
Bulk Item: Yes No X
Division: Growth Management
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
A public hearing to approve an Ordinance of the Monroe County Board of County Commissioners
adopting amendments to the Monroe County Year 2010 Comprehensive Plan pursuant to a compliance
agreement with the Department of Community Affairs (DCA) regarding working water fronts.
ITEM BACKGROUND:
The working waterfronts Comprehensive Plan amendment was adopted by the BOCC (Ordinance 008-
2008) and rendered to the Florida Department of Community Affairs (DCA) on February 4, 2008.
Upon completion of its review, in a letter dated March 31, 2008, the DCA issued its notice of intent to
find the amendment not in compliance. DCA determined that all but five of the adopted objects and
polices met the requirements of Chapter 163, Part II, (F.S.), for compliance, as defined in
163.3184(1)(b), (F.S.). Since that time the County and DCA have been involved in a compliance
agreement negotiation process. This ordinance will adopt the compliance agreement.
PREVIOUS RELEVANT BOCC ACTION:
February 2008 — Final adoption of the Comprehensive Plan amendment for working waterfronts.
September 2007 — Approved transmittal of a Comprehensive Plan amendment for working waterfronts.
September 2006 — Directed staff to enter into an inter -local agreement with South Florida Regional
Planning Council to develop a Comprehensive Plan amendment for working waterfronts.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty X
DOCUMENTATION: Included
DISPOSITION:
Revised 11/06
BUDGETED: Yes X No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
ORDINANCE NO. -08
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN PURSUANT TO A COMPLIANCE
AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS
ACCORDING TO FLA. STAT. §163.3184; AMENDING THE FUTURE LAND
USE ELEMENT AND THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT REGARDING RECREATIONAL AND
COMMERCIAL WORKING WATERFRONTS; AMENDING THE FUTURE
LAND USE ELEMENT AND THE FUTURE LAND USE MAP TO CREATE
THE DEEP PORT HARBOR FUTURE LAND USE CATEGORY;
ESTABLISHING ALLOWED USES AND DEVELOPMENT CRITERIA FOR
THE DEEP PORT HARBOR FUTURE LAND USE CATEGORY; ADOPTING
FUTURE LAND USE GOAL, OBJECTIVES AND POLICIES RELATED TO
COMPATIBILITY OF DEVELOPMENT WITH MILITARY
INSTALLATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on September 19,
2007 for the purposes of transmitting to the Florida Department of Community Affairs, for review and
comment, a proposed amendment relating to recreational and commercial working waterfronts to the
Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, on February 4, 2008, the Board of County Commissioners adopted Ordinance No.
08-2008 adopting amendments to the Monroe County 2010 Comprehensive Plan related to recreational
and commercial working waterfronts (the "Plan Amendments") and submitted the same to the
Department of Community Affairs for review (DCA Number 08-1); and
WHEREAS, on March 31, 2008, the Department of Community Affairs issued a Notice of
Intent and Statement of Intent finding that the Plan Amendments were not in compliance with the
requirements of Chapter 163, Part Il, Florida Statutes; and
WHEREAS, the Department of Community Affairs initiated a formal administrative proceeding
before the Division of Administrative Hearings regarding the Plan Amendments, and several interested
parties intervened; and
WHEREAS, the parties have negotiated in good faith in an effort to resolve the objections to the
Plan Amendments and to preserve the County's recreational and commercial working waterfronts; and
WHEREAS, on October 15, 2008, the Board of County Commissioners approved a Compliance
Agreement under which the County Commission agreed to consider for adoption the Remedial Plan
Amendments attached to the Compliance Agreement; and
WHEREAS, the Remedial Plan Amendments amend the Future Land Use Element and
Conservation and Coastal Management Element of the Monroe County 2010 Comprehensive Plan to
address recreational and commercial working waterfronts; create a new future land use category known
as the Deep Port Harbor ("DPH") category ; designate property in Safe Harbor on Stock Island as Deep
Port Harbor by amending the Future Land Use Map, a map of which is attached as Exhibit A; establish
uses, densities and intensities for the Deep Port Harbor category; and adopt a goal, objectives and
policies to address coordination with military installations and to ensure compatibility of land uses
adjacent to or in close proximity to military installations in the County, giving appropriate weight and
consideration to the safety and private property rights of the citizens of Monroe County; and
WHEREAS, the designation of a portion of submerged land and Tier III uplands in Safe Harbor
as the Deep Port Harbor future land use category will facilitate and encourage the revitalization of Safe
Harbor into a modern mixed use port that will enhance the economic well-being of Monroe County; and
WHEREAS, on October 15, 2008, the Board of County Commissioners held a duly advertised
public hearing to receive public input, consider the recommendations of the County's Growth
Management Department, and consider adoption of the Remedial Amendments; and
WHEREAS, the Board of County Commissioners has received and considered all public input
as well as the Department of Community Affairs' Notice of Intent and Statement of Intent, County staff
comments and recommendations, and other relevant information regarding the Remedial Plan
Amendments; and
WHEREAS, the Board of County Commissioners finds and determines that the Remedial Plan
Amendments are internally consistent with the Monroe County 2010 Comprehensive Plan, are
consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State
Concern as a whole, comply with the requirements of Chapter 163, Part II, Florida Statutes, and further
the public health, safety and welfare of the citizens of Monroe County.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA:
[Amendments are presented in *ri'-�� to indicate deletions and underline to indicate additions to text. All
other words, characters, and language of this subsection remain un-amended.]
Section 1. Recitals. The foregoing recitals are incorporated into this Ordinance.
Section 2. Goal 101 of the Future Land Use Element is amended as follows:
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
residents and visitors, and protect valuable natural resources. [9J-5.006(3)a]
Objective 101.4
Monroe County shall regulate future development and redevelopment to maintain the character
of the community, strengthen and diversify economic resources, and protect the natural resources
by providing for the compatible distribution of land uses consistent with the designations shown
on the Future Land Use Map. [9J-5.006(3)(b) 3]
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial land use category is to provide for
the establishment of commercial zoning districts where various types of commercial
retail and office may be permitted at intensities which are consistent with the community
character, the natural environment and orderly and balanced growth. Employee housing
and commercial apartments are also permitted, along with other permanent residential
development compatible with the mix of uses allowed.
The maintenance and enhancement of economically viable commercial fishing, and
traditional water dependent and water related uses such as retail, storage, and repair and
maintenance shall be encouraged within this land use category (pursuant to Goal 219 of
this Plan).
This land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and non-residential
uses may be permitted; however, heavy industrial uses and similarly incompatible uses
shall be prohibited. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wetlands
within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply.
Policy 101.4.7
The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, warehouse and distribution uses. Other
commercial, public, residential, and commercial fishing -related, and Tort fe a uses are
also allowed. As used in this plan, Port related uses inelude r-eereational and eommereial
,.
•
Policy 101.4.18
The principal purpose of the Deep Port Harbor (DPH) land use categoryis �s to provide for
the development and redevelopment of areas suitable for water -dependent port and
maritime uses such as seaportmarina boatyard commercial fishing watercraft/vessel
repair, and water -dependent manufacturing and service Port uses include recreational
and commercial working waterfront uses however commercial passenger cruise ships
with a draft of 25 feet or greater are prohibited Other commercial public park utilities
(including wastewater treatment plants) and transient residential uses ar-e-allured such as
a public lodging units are allowed A public lodging unit is a transient residential use that
shall consist of no more than 3 bedrooms. Permanent market rate residential -also as
well as employee housing and workforce housing that is accessory o principal water
dependent uses, are also allowed. This land use category shall consist only of harbor
areas capable of accommodating vessels of fifteen (15) foot draft and one hundred (100)
foot length, together with contiguous Tier III upland areas Building height in the DPH
future land use category shall be measured from Base Flood Elevation ("BFE") as
defined by the federal Flood Insurance Rate Maps
ROGO allocations for the development of state -licensed public lodging facilities may be
accomplished through transfer or competition within the Monroe County ROGO pool
Transfer shall be governed through the followingprocedure•
A residential dwelling unit (ROGO) allocation obtained from (a) a State -Licensed public
lodging facility in unincorporated Monroe County currently serviced by a septic system
or a private package plant that does not meet 2010 standards (b) a State -licensed public
lodging facility in any municipality in the Florida Keys or (c) a lawfully -established
recreational vehicle park within Monroe County or a municipal division of Monroe
County, may be transferred to the DPH Future Land Use Category for development of a
public lodging room at the following ratios:
one (1) bedroom two (2) bedroom or three (3) bedroom public lodging
rooms may be developed by transferring allocations from units having an
equivalent number of bedrooms without a reduction in the number of
transferred units;
2. two (2) bedroom public lodging rooms may be developed at the rate of
ninety percent (90%) of the one (1) bedroom units being transferred; and
three (3) bedroom public lodging rooms may be developed at the rate of
eighty-five percent (85%) of the one (1) bedroom units being transferred
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for the future land use
categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.E
18: (9J-5.006(3)(c)7].
Future Land Use Densities and Intensities
Future Land Use
Allocated Density (per
Maximum Net Densi7area
um
Category And
acre)
(per buildable acre)ity
(floor
Corresponding
atio)
Zonin
Agriculture (A)
0 du
N/A
0.20-0.25
(no directly
0 rooms/spaces
N/A
corresponding zoning)
Airport (AD)
0 du
N/A
0.10
(AD zoning)
0 room s/s aces
N/A
Conservation (C)
0 du
N/A
0.05
(CD zoning)
0 rooms/spaces
N/A
Education (E)
0 du
N/A
0.30
(no directly
0 rooms/spaces
N/A
corresponding zoning)
Industrial (I)
(I and MI zoning)
1 du
2 du
0.25-0.60
0 room, /qn aces
N/A
Deep Port Harbor
S- 1 du (market rate)
42-2 du (market rate)
4�5-0.68
(DPH)
4-2 5 du
4-8 7 du
0.35-0.60
(DPH zoning)
(workforce/employ
(workforce/employ
4-8-12 units (public
.15 units (public
lodging
lodging
Institutional (INS)
0 du
N/A
0.25-0.40
(no directly
3-15 rooms/spaces
6-24 rooms/spaces
corresponding zoning)
Mainland Native
0.01 du
N/A
0.10
(MN) (MN zoning)
0 rooms/spaces
N/A
Military (M)
6 du
12 du
0.30-0.50
(MF zoning)
10 rooms/spaces
20 rooms/spaces
Mixed
1-6 du
6-18 du
0.10-0.45
Use/Commercial
5-15 rooms/spaces
10-25 rooms/spaces
NOW
(SC, UC, DR, RV, and
MU zoning)
Mixed
Approx. 3-8 du
12 du
0.25-0.40
Use/Commercial
0 rooms/spaces
0 rooms/spaces
Fishing (MCF)(g)
(CFA, CFV(c), CFSD
zoning)
Public Facilities (PF)
0 du
N/A
0.10-0.30
(no directly
0 rooms/spaces
N/A
corresponding zoning)
Public
0 du
N/A
0.10-0.30
Buildings/Grounds
0 rooms/spaces
N/A
(PB)
(no directly
corresponding zoning)
Recreation (R)
0.25 du
N/A
0.20
(PR zoning)
2 rooms/spaces
N/A
Residential
0-0.25 du
N/A
0-0.10
Conservation (RC)
0 rooms/spaces
N/A
(OS and NA zoning)
Residential Low (RL)
0.25-0.50 du
5 du
0.20-0.25
(SS(d), SR, and SR-L
0 rooms/spaces
N/A
zoning)
Residential Medium
approx. 0.5-8 du (1
N/A
0
(RM)
du/lot)
N/A
(IS zoning)
0 rooms/spaces
Residential High (RH)
approx. 3-16 du (1-2
12 du
0
(IS-D(e), URM(e), and
du/lot)
20 rooms/spaces
UR(� zoning)
10 rooms/spaces
Notes:
(a) "N/A" means that maximum net density bonuses shall not be available.
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net densities bonuses shall not be available.
(c) The allocated density for CFV zoning shall be I dwelling unit per lot and the maximum net density bonuses shall
not be available.
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot respectively and the
maximum net density bonuses shall not be available.
(f) The maximum net density for the UR district shall be 25 for units where all units are designated as affordable
housing.
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use; Commercial and
Mixed Use/ Commercial Fishing land use categories, the floor area ratio shall be 0.10 and the maximum net
residential density bonuses not apply.
(h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and
Uses, which have no directly corresponding zoning, may be incorporated into new or existing zoning districts as
appropriate.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
(0 In the DPH Future Land Use category, density and intensity bonuses allowed under Policy 219 1 2 are additional
fk) Notwithstanding the above densities and intensities the maximum development in the DPH Future Land Use
Category, including incentives and bonuses shall be 865 public lodging units 306 workforce/employee housing
Section3. Goal 107 of the Future Land Use Element is added as follows:
Goal 107 Military Coordination
The County recognizes the significant economic impact and value Naval Air Station Key West (NAS
Key West) and other military installations represent The County shall cooperate and
coordinate with the military to achieve compatible land use help prevent incompatible encroachment
and facilitate the continued presence of the military while sustaining the installation's mission capability
and the private property rights of landowners.
Obiective 107.1
Monroe County shall establish review procedures and standards to ensure that development and
land uses adjacent or in close proximity to military installations are compatible with the mission
of the installation and that public health and safety concerns are addressed
Policy 107.1.1
The County shall adopt land development regulations to ensure compatibility of
development adjacent or in close proximity to military installations No modification
condition or restriction on development contained in the Comprehensive Plan or land
development regulations or recommended by a military installation shall be required if its
inclusion in a development order would constitute a taking_of property under the United
States or. Florida Constitution or would inordinately burden an existing use of real
property or a vested right to a specific use of real property as defined in Florida Statutes
Chapter 70, as advised by the County Attorney. Should implementation of this policy
substantially reduce a landowner's ability to utilize property as allowed under the
provisions of the Comprehensive Plan and land development regulations in effect
immediately prior to the adoption of this policy, Monroe County will where appropriate
support a land use map amendment and rezoning to a compatible use
To achieve compatibility of proposed development with adiacent or closely proximate
military installations the County shall apply the following criteria in its development
review:
1. Development in Accident Potential Zones as identified by a military installation
shall be prohibited.
2. In areas identified by NAS Kev West as being within noise contours of 65 dB
DNL and above sound attenuation that complies with the following standards
shall be required: in DNL 65-69 an outdoor to indoor noise level reduction of at
least 25 dB: in DNL 70 and above, an outdoor to indoor noise level reduction of
at least 30 dB.
3. All lights or illumination used in conjunction with street parking signs or use of
land and structures within the Military Influence Area shall be shielded or
otherwise arranged and operated in such a manner that it is not misleading or
dangerous to aircraft operating from NAS Key West or in the vicinity thereof
4. No operations from any development or land use shall produce smokeglare or
other visual hazards within three (3) statute miles of any usable runway at NAS
Key West.
5. No operations from any development or land use in Monroe Count shall produce
electronic interference with navigation signals or radio communication between
the airfield at NAS Key West and any military aircraft
6. New land uses that are potential bird attractors and that NAS Key West advises
would create a safety risk to pilots and members of the public shall be prohibited
or restricted.
Policy 107.1.2
The County finds that it is important to ensure close coordination with military
installations in Monroe Countv and that this coordination can be fostered through the
inclusion of a representative as an ex-officio non -voting member of the County Planning
Commission and Development Review Committee The County shall request that the
commanding officers of military installations in the County designate a representative to
serve in this capacity. The designated representative shall be notified of all meetings and
provided with copies of agenda packages that include (aL2roposed changes to the
County's comprehensive plan and land development regulations that if granted would
increase the density or intensity of development on land (b) applications for conditional
use permit approvals or modifications to conditional use permit approvals and (c)
applications for variances as well as any pecial planning studies such as the Evaluation
and Appraisal Report.
An Interlocal Agreement with the military if+4 '� will detail the procedures and
responsibilities of both the County and the in4afh4iei+s military and shall be completed
by June 30, 2009. In the Interlocal Agreement shall at a minimum require the military to
provide the County a Military. Influence Area map of the depicting those areas subject to
military aircraft noise (Military Influence Area) the map shall depict (a) the 70 dB DNL
noise contour, (b)the 65 dB DNL noise contour, (c) the Accident Potential Zones and (d)
the boundary of the Military Influence Area. The map shall be provided in a format
acceptable to Monroe County's Growth Management Division
Policy 107.1.3
Monroe County shall ensure compatibility of development adjacent or in close proximity
to military installations through the following coordination procedure:
Compatibility Recommendations:
The ex-officio military representative to the Planning Commission shall timely provide
Monroe County and the applicant with a verbal statement made on the record at a public
hearing or with a written statement of compatibility detailing the following
(1)The military installation which could be affected if action is taken
(2) The specific mission of the military installation that could be affected if action is
taken.
(3) Any adverse impacts on the mission of a military installation that could result if
action is taken.
(4) Modifications to or conditions on the proposed action that the ex officio military
representative recommends to address the potential adverse impacts may be
suggested if the proposed action meets involves one or more of the above
compatibility criteria. Modifications may include but are not limited to
development prohibition sound attenuation design modification and height
restrictions. Conditions for approval may include but are not limited to
restrictions on the use or provision of lights illumination communication
devices and nuisance controls
Development review proceedings:
In reviewing and acting upon proposed Comprehensive Plan and Land Development
Regulations amendments, applications for major conditional use approval modifications
to conditional use permit approval and applications for variances the Planning Director
and Planning Commission shall give due consideration to the compatibility
recommendations of the ex-officio military representative and may incorporate those
recommendations in whole or in part as modifications to or conditions of approval In
addition, Monroe County shall forward copies of any written statement of compatibilit
and any additional written comments or recommendations from a military installation to
the state land planning agency.
Policy 107.1.4
To ensure proper awareness of military aircraft noise impacts and methods to reduce such
impacts, Monroe County shall:
post on its website any advisory statement(s) produced by NAS Key West as
well as maps depicting aircraft noise and hazard zones,
Identify by Property Appraiser parcel numbers those parcels identified by
NAS Key West as being subject to military aircraft noise (the Military
Influence Area). Monroe County shall publish on its website a map provided
by NAS Key West depicting the boundaries of this area ,,,hie ., will
identified as the Militarw infl-" together with a notice that
information concerning potential noise impacts and crash hazards within the
MIA Military Influence Area may be obtained through a designated office at
NASKe West;
Adopt a regulation requiring that a Military Influence Area Notice
Acknowledgement disclosing the fact that a parcel is located
within the Military Influence Area be affixed to all sales and rental contracts
lease agreements for leases greater than three months and development orders
applicable to any parcel within the Military Influence Area...Copies of the
Acknowledgement shall be provided to NAS Key West or other appropriate
military installation. Nothing in this policy nor the regulation adopted
pursuant hereto shall impair the validity or enforceability of any sale transfer,
or lease or contract for the sale transfer, or lease of any interest in real
property, nor shall anything in this policy or the regulation adopted pursuant
hereto be deemed to create a defect in the sale transfer, or lease agreement
New subdivision plats and conditional use approvals granted after adoption of
this policy for properties in a Military Installation Area shall contain a
provision or notation indicating that all or a portion of the property is in a
Military Installation Area.
Policy 107.1.5
At the request of NAS Key West Monroe County require developers (seeking
development approval) to provide NAS Key West an avigation easement for military
flights over their properties.
Policy 107.1.6
No modification, condition or restriction contained in a compatibility recommendation
shall be required if its inclusion in a development order would constitute a taking of
property or would inordinately burden an existing use of real property or a vested right to
a specific use of real property. If an incompatible use as identified by a military
installation ceases for twelve consecutive months it shall be deemed abandoned
Section 4. Goal 212 of the Conservation and Coastal Management Element is amended as follows:
Goal 212
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. [9J-5.012(3)(a); 9J-5.013(2)(b)2]
Objective 212.4
By January 4, 1998, Monroe County shall complete an analysis of the need for additional marina
facilities and shall develop criteria for marina siting which shall meet or exceed state standards.
[9J-5.012(3)(b)1,2 and 3; 9J-5.013(2)(b)2]
Policy 212.4.4
Applicants for development approval of marinas with three (3) or more slips, other than
marinas in existing harbors located in the DPH Future Land Use Category, shall meet the
following:
1. Monroe County's marina siting criteria (See Policy 212.4.3); and
2. Monroe County's dock siting criteria (See Objective 212.5 and related policies); and
3. criteria of Rule 17-312 Part IV and Rule 18-21.004, F.A.C. [9J-5.012(3)(c)l,2,3 and
8; 9J-5.013(2)(c)l and 6]
Pursuant to the inherent maritime characteristics of the Deep Port Harbor (DPH) Future
Land Use Category, applicants for development approval for marinas and port facilities
in the DPH Future Land Use Category may obtain a County building_ permit as of right
for the construction of marinas and port facilities including docking facilities of any
dimension upon presentation of required permits from state and federal regulatory
agencies having iurisdiction to authorize that development and payment of the applicable
building permit fee.
Policy 212.4.7
Applicants for a permit to develop a new marina or expand an existing marina facility
shall obtain necessary permits from all applicable state and federal regulatory agencies
prior to issuance of a County permit. [9J-5.012(3)(c)1,2,3 and 8; 9J-5.013(2)(c)1 and 6]
Policy 212.5.4
The following restrictions shall apply to all structures built over or adjacent to water
(including but not limited to boat docks, fishing piers, swimming piers and observation
decks), except the submerged lands in the DPH Future Land Use Category lying outside
the Main Ships Channel:
the maximum permitted length of docks shall be commensurate with the shoreline
width of the land parcel at which the dock is located, subject to a maximum length of
100 feet from the mean low water line;
Section 5. Goal 213 of the Conservation and Coastal Element is amended as follows:
Goal 213
Monroe County shall ensure adequate public access to the beach or shoreline. [9J-5.012(3)(a); 9J-
5.013(2)(a)]
Objective 213.1
Monroe County shall maintain and increase the amount of public access to the beach or shoreline
consistent with the estimated public need and environmental constraints. [9J-5.012(3)(b)9]
Policy 213.1.1
Monroe County shall complete a Public Access Plan for unincorporated Monroe County.
The Public Access Plan shall estimate the existing capacity of and need for the following
types of public access facilities:
1. public access points to the beach or shoreline through public lands;
2. public access points to the beach or shoreline through private lands;
3. parking facilities for beach or shoreline access;
4. coastal roads and facilities providing scenic overlooks;
5. marinas;
6. boat ramps;
7. public docks;
8. fishing piers; and
9. traditional shoreline fishing areas. [9J-5.012(3)(c)9]
Policy 213.1.2
Monroe County shall adopt Land Development Regulations which:
1. implement recommendations of the Public Access Plan;
2. provide for the enforcement of public access to beaches renourished at public
expense by prescription, prescriptive easement, or any other legal means;
3. provide for the enforcement of public access requirements of the Coastal Zone
Protection Act of 1985;
4. specify standards for transportation and parking facilities for beach and shoreline
access;
5. include environmental design criteria which reflect environmental constraints.
[9J-5.012(3)(c)9]
6. ensure adequate public access to public facilities including boat ramps, docks, and
fishing piers and bridges. [F.S. 342.07 (2006)].
Section 6. Goal 219 of the Conservation and Coastal Element is amended as follows:
Goal 219 -- Community Character and Preservation of Recreational and Commercial Working
Waterfronts
It is the intent of the County to preserve and enhance the working waterfront identity and character of
the Keys, and to promote the responsible and economically viable management of its coastal area.
Objective 219.1
Monroe County shall implement a strategy that provides regulatory incentives and criteria to
encourage the preservation and enhancement of recreational and economically viable
commercial working waterfronts.
Policy 219.1.1
The County shall continue to take a proactive role in encouraging the maintenance and
enhancement of community character, and economically viable traditional uses on the
waterfront through adherence to the following key tenets of working waterfront
preservation:
1. Protect the working waterfront by establishing that commercial fishing activities
are compatible with other working waterfront uses including water dependent
uses, pursuant to Florida Statute 342.07.
2. Recognize the important role of boatyards and other maritime service facilities
and encourage the maintenance and enhancement of water -dependent support
facilities.
3. Support the continuation of programs that provide historical and educational
information and training in the marine and commercial fishing industries
4. Support mixed use development adjacent to marinas which provides a range of
services and activities for boaters and their families including restaurants shops
and other activities for residents and visitors.
5. Encourage public access and creation of public spaces in the redevelopment of
marine facilities through the provision of pedestrian access along the shoreline
protection of view sheds and creation of public open space --giving due
consideration to public safety concerns
Establish that non -conforming structures that are lawfully established and located
within the DPH Future Land Use category and the Mixed Use/Commercial
Fishing Land Use category, as indicated on the Future land Use may, may be
rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting
use, building footprint and configuration without increase in density or intensity
of use, consistent with FEMA requirements
7. Protect commercial square footage within the DPH land use district through the
entitlement to NROGO exempt redevelopment of previously industrial
commercial square footage.
8. Provide working waterfront development incentives within the DPH Future Land
Use category through the separate calculation of non-residential intensity and
residential density.
9. Recognize the hardship for maritime uses to comply with standard regulations for
parking requirements by allowing shared parking facilities located within
walking distance of a water -based transportation facility to satisfy off-street
Parking requirements.
10. Provide opportunities for and encourage development agreements and interlocal
agreements governing the use of public and private waterfront lands which
promote the goals objectives and policies of the Comprehensive Plan
11. Establish that the development or redevelopment of public lodging facilities
exceeding 10 rooms or 10 public lodging units will require the provision of
income restricted affordable housing
12. Recognize the necessity of a skilled maritime industries labor force and their
inherent income requirements by providing that within the DPH Future Land Use
category the terms "employee housing" and "workforce housing" shall mean
housing to accommodate recreational and commercial working waterfront
employees who generate a minimum of 70% of their income from an employers
with a Monroe County occupational license Seventy percent (70%) of all
required affordable housing shall comply with affordable housing income
restrictions. Thirty percent (30%) of required affordable housing for a particular
development may be permitted for skilled maritime industries labor without
regard to income level however the requirement for 70% of the applicants
income to be derived in Monroe County shall apply.
Policy 219.1.2
The strategy to protect and enhance recreational and commercial working waterfronts
shall include but not be limited to the following actions:
Priority for shoreline development shall be given to water -dependent uses In
order to prevent the loss of existing commercial harbor frontage to exclusive
residential use, no approval may be issued for permanent residential uses
excluding employee/workforce housing,along_ any waterfront area which
maintains at least four (4) feet at mean low water at the apparent shoreline
However, in the DPH Future Land Use Category water -dependent facilities such
as public lodging establishments may be constructed along the waterfront on anv
parcel that provides commercial recreational and/or public boating access to
marine and coastal waters.
2. Public/private investment for properly preservation either through purchase of
property or purchase of the development riphts to the property.
3. Land development regulations shall make special provision for the mixed use
development purpose associated with the DPH Future Land Use Category,
including dockage dry storage, repair and fueling of vessels and shall provide
sufficient flexibility to meet the unique needs of the commercial harbor area
The County shall provide land use intensity and density bonuses to encourage
development that provides public access to the shorelines and waters of Monroe
County. These bonuses may be granted in the form of increased floor to area
ratio, increased number of slips increased area for water -related uses or other
measure of land use intensity for permitted uses on the parcel proposed for
development. This bonus program shall be similar to the following bonus
program exclusive to the DPH Future Land Use Category
For each acre of land within the DPH Future Land Use Category on
which the landowner shall construct and dedicate in perpetuity for
exclusive use of, port facilities as defined in F S Sec 315 02(6)
excluding public lodging units the landowner shall be entitled to a
density bonus of (a) 60% for public lodging units and
workforce/employee housing and (b) an intensity bonus of 25% for
nonresidential uses on land of equal acreage The nonresidential
intensity, public lodging density, and workforce/employee housin
density of the land to which the bonus applies shall each be separately
calculated, without deduction of land area occupied by or designated for
another use or uses.
ii. Within the DPH Future Land Use Category, waterfront parcels that
provide commercial, recreational and/or public boating access to marine
and coastal waters shall be entitled to an additional public lodging
density bonus of 20% of the base density found in the Table of Densities
and Intensities located within Policy 101.4.21.
Policy 219.1.3
The County shall not vacate, diminish, or otherwise impair publicly -owned pathways,
sidewalks, roads, ends of roads, parking areas, docks or boat launching facilities, and
other access points that are currently used, or susceptible to use by the public to access
the shorelines.
Policy 219.1.4
The County shall collaborate and coordinate with Keys municipalities, mainland coastal
counties and municipalities, and State and Federal agencies on issues affecting
recreational and commercial working waterfronts. To accomplish this, the County shall:
1. Participate in The Waterfronts Florida Partnership Program. This program
helps participating communities develop a plan to revitalize, renew and
promote interest in their waterfront districts;
2. Ensure consistent and coordinated implementation of the Stock Island Livable
CommuniKeys Plan and the Comprehensive Plan, LDRs, and other activities
designed to preserve the working waterfront.
3. Coordinate with the Florida Department of Environmental Protection and the
Florida Fish and Wildlife Conservation Commission (FWC) to implement the
recommendations of the 2006 Recreational Boating Access in Florida State
Parks study to increase recreational boating access within the state parks
located in Monroe County.
4. Coordinate with municipalities in Monroe County and Miami -Dade County,
the Florida Department of Community Affairs (DCA) / Area of Critical State
Concern Program, the Florida Department of Transportation, NOAA/ Florida
Keys National Marine Sanctuary, Everglades National Park, Biscayne
National Park, and Florida Sea Grant.
Objective 219.7
To protect and increase the extent of publicly owned access to its shorelines and navigable
waters.
Policy 219.2.1
The County shall inventory the waters of Monroe County to determine appropriate sites
for one or more public anchorages and mooring fields that shall be available to the
boating public on a first come, first served basis.
Section 7. Severability. If any section , subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. Repeal of Inconsistent provisions. All ordinances or parts of ordinances in conflict with t his
ordinance are hereby repealed to the extent of said conflict.
Section 9. Transmittal. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 10. Effective Date: This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission finding the amendment is in compliance with Chapter 163, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 15th of October, 2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
in
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
MONROE COUNTY QApEy
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