Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 3. 2008
Division: County Attornev
Bulk Item: Yes
No ...1L
Staff Contact: Bob Shillinger x3470
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 20 I 0 Comprehensive Plan pursuant to a compliance
agreement with the Department of Community Affairs (DCA) regarding working waterfronts.
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 objectives and
polices met the requirements of Chapter 163, Part II, (F.S.), for compliance, as defined in F.S.
163.3184(1)(b). Since that time the County and DCA have been involved in a compliance agreement
negotiation process. This ordinance will adopt the amendments to the comprehensive plan in
accordance with the parameters set forth in the compliance agreement.
PREVIOUS RELEVANT BOCC ACTION:
June 2008, BOCC gave staff direction to negotiate a settlement of the administrative challenge over the
proposed amendments adopted in February 2008.
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: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes...1L No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required
DISPOSITION:
AGENDA ITEM #
D.~
Revised 11106
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Roman Gastesi, County Administrator
From: Andrew Orner Trivette
Growth Management Division Director
Date: November 25, 2008
RE: 2008-01 Monroe County Comprehensive Plan Remedial Amendment Proposal
The intention of this memo is to provide additional background and detail concerning the
proposed remedial amendment for Monroe County's 08-01 2010 Comprehensive Plan
Amendment.
Baekl!round
In 2005, the Legislature passed House Bill 955 entitled Waterfront Property which
became Chapter 2005-157 of the Laws of Florida. This Act amended F.S.
163.3177(6)(a), by requiring that all coastal counties amend their comprehensive plans to
include regulatory incentives and criteria that would encourage the preservation of
recreational and commercial working waterfronts. The Act also amended F.S.
163.3178(2)(g) to require that the coastal management element of the Comprehensive
Plan include strategies that will be used to preserve recreational and commercial working
waterfronts.
Monroe County began the discussion of preserving working waterfronts in 2005 and
contracted with the South Florida Regional Planning Council to draft a Marine
Management Plan for a total cost of $99,000.00. The completion of this plan identified
the severe economic pressures being applied to traditional working waterfront uses to
redevelop as more economically viable uses. In an effort to protect these disadvantaged
uses the County again contracted with the South Florida Regional Planning Council
(SFRPC) to produce a Working Waterfronts Preservation Plan and a Marina Siting Plan
for a total cost oUI80,000.00 in September of2006. This contract instrocted the SFRPC
to produce the necessary land development regulations and comprehensive plan
amendments to implement a protection strategy for working waterfront uses.
In March of 2007 the BOCC participated in a workshop aimed at dealing with the most
central concept of the proposed preservation program, "No Net Loss". The SFRPC led
the BOCC through a series of options, I through 3, which began with the most restrictive
option "No Net Loss". Option 2 allowed the use ofa property to convert to another water
dependent use. Option 3 allowed for 50% of the use to be redeveloped without a
preservation restriction. The BOCC provided instroction to implement a preservation
strategy based on the third option which included a revised percentage and incentives to
keep and/or expand working waterfront uses.
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Based on this direction, staff presented proposed amendments to the Marine and Port
Advisory Committee (MP AC) in April of 2007 with a special workshop on the proposal
in May of the same year. The amendment package was also presented to the
Development Review Committee in May. The Planning Commission held its first of
three (3) public hearings in June of2007.
The BOCC conducted a public hearing to transmit the amendment package on September
19, 2007, at which time the Board was presented with three (3) options for transmittal, an
amendment as prepared by staff, an amendment as revised by the Planning Commission
and an amendment which contained elements of both. The BOCC transmitted the
amendment as revised by the Planning Commission. The County received the
Objections, Recommendations and Comments (aRC) Report from the Department of
Community Affairs (DCA) on December 7, 2007. The Growth Management Division
prepared a response in an attempt to address many of the concerns raised by the DCA.
On February 4, 2008 the BOCC adopted the amendment package which would be the
2008-01 submission with revisions entertained from the floor at the adoption hearing, one
of which deleted the concept of "No Net Loss". This amendment package was found not
to be in compliance by the DCA on March 31, 2008.
The DCA's finding of "Not in Compliance" triggered an administrative hearing on the
amendment unless the County chose to withdraw it. The County opted to pursue the
hearing, and the BOCC instructed staff to pursue settlement prior to the hearing date. In
an effort to fulfill this instruction, staff now presents the attached remedial amendment
and settlement ( compliance) agreement.
The proposed remedial amendment is the product of seven (7) individual parties
negotiating terms of the originally adopted amendment over a period of eight (8) months.
These negotiations consisted of numerous conference calls and in person meetings with
all of the subject parties, some of whom were granted status as interveners and others
who participated as interested parties.
Remedial Amendment Exulained
The amendment proposes the creation of a new Future Land Use Category (PLUM) for
an area of Stock Island known as Safe Harbor. This new PLUM is to be called the Deep
Port Harbor District and is a change from the previous PLUM category for that area
which is currently named Industrial. The more specific Land Use Map Designation is
Maritime Industrial. In application, the PLUM category (comprehensive plan) serves as a
broad category under which the more specific land use designations and land
development regulations fall.
Characteristics ofthe Deep Port Harbor Future land Use Category
1. Alluwed Uses
This amendment allows for residential development, both affordable and market
rate, as well as transient and commercial development. The only difference
proposed in these allowed uses between the two PLUM categories is the
allowance of transient uses (hoteVmotel). It is important to note that current
regulations do not allow transient development within the more broadly applied
i\1 0 n 1 0 C C () U III v (j] I) \\ t h !'vl ,111 " g L: III l' 11 t D I \ 1 S 1 0 Tl
Industrial FLUM category. The Land Development Regulations do provide for
the development of transient uses in the more specific Maritime Industry Land
Use District. This amendment would correct this inconsistency through
allowance of such uses in the newly created Deep Port Harbor PLUM category.
2. Alluwed Density
Allowed density is defined in two (2) ways, allocated and maximum net density.
Allocated density is the density to which an applicant is entitled through the land
use district and FLUM category. Maximum net density is similar to a bonus
provision in that the primary method to achieve this higher density allowance is
through the transfer of development rights from another property effectively
retiring those rights. An applicant proposing desired uses such as affordable
housing is also allowed to build to maximum net density without the use of
transferable development rights.
Existing density table:
FUIllI1 Land UN eenalties and I.-tios
FuI1Ie I.sIKI Use Ca\eglry AIocaIed Il<r$ly MalOlun Net DensiIy Wsxlrom l1IeroIy
And (""'aae\ rk;;rwldableaae\ lblr....lIl11io\
1ncbIrIO(I) 1du 200 0.25-0.00
· II ard MI zOOM) 0 NlA
Proposed density table:
Futul'f Lnud Use- DtllSitirs 81111 IntfuSitifS
Futul'e- Land Us.- AIlorottd Dtnslly (pt.. MODmum Ntt Dtnslly IIfnDmum
Cnttgo..y Aud acre) Cpt.. bull,llIblt ncrt! [nltnslly (000"
COJ'l'rspondlu& lll'enratlo)
Zonln2
Deell POlt Hnrbor I du (nlOrket rote) 2 du (market fate) 0.35-0.60
J:!m!l. 5 dll 7 dll
(l)PH 20nl112"1 ( nffnl"{lfthlp/workf'orcel fnffm:(lJlhlp/workf'orcel
emolovee) enllllovee)
12 unils (DubUc lodoine) 15 units (DubUc lodoine)
The proposed density for this new PLUM category does not by itself pose a
significant increase or even a change from what is currently allowed to the area
through the Industrial FLUM category. The proposal includes allowing 1 market
rate dwelling unit per acre and allows for as much as .60 floor area ratio (FAR -
using the total area of the parcel and applying the floor area ratio renders the total
allowable commercial square footage for that parcel) which is consistent with
that which is allowed currently.
The significant change to allowed density for this district is a special provision for
affordable/workforce housing of 5 dwelling units per acre as a separate allowance
from market rate dwelling units and the provision of 12 public lodging units per
acre. These provisions are not extreme when we consider the current allowance
for transient development under the current Maritime Industry Land Use District:
[\10 Il I 0 e Co U 11 t") (J I l) \\1 t h iVt a 11 agc!1l e n ( I)! V i ~ I 0 11
Land Use Allocated Max. Net
Density Density O.S.R.'
District and Use (rooms/acre) (rooms/bulldable acre)
Maritime Industries:
Hotel 110.0 115.0 10.0
a. Terminology - Public Lodging Unit VIS Rooms
The Monroe County code currently uses the word "room" when describing
a hotel unit. That term is defined in the LDRs. This definition restricts
the length of stay to not more than 30 days and also includes the restriction
on unit construction. This restriction stipulates that one hotel or motel
room may be a single room or suite and may include a kitchenette but not
more than one and one-half(l 1/2) baths and one (1) bedroom and one (1)
living area.
This proposed amendment uses the term public lodging unit and defines
this unit as not exceeding three (3) bedrooms with a maximum of 1700
square feet.
3. Public Lodging Development
A public lodging facility is a transient use, and simply another term for
hotel/motel for the purposes of applying Monroe County regulations. Currently
Monroe County has a moratorium on the development of new transient units.
This moratorium has been in place since 1996 and originally expired 2006.
However, the BOCC has consistently granted an annual request to extend the
moratorium for a period of one year. The basis for the moratorium is a lack of
methodology to account for new transient unit allocations in the Rate of Growth
Ordinance (ROGO) system. Staff is currently working on a plan to remedy the
moratorium and should have it ready for BOCC consideration during 2009.
The proposed remedial amendment requires that a public lodging facility be
developed by transferring existing transient units from one location to another,
including from within the municipalities. This transfer is governed by a process
in use by the City of Marathon and requires a conversion ratio dependent on what
type (number of bedrooms) of unit is being transferred and what type of unit is
being constructed. This transfer process includes three scenarios, a straight
transfer between the same types of units (equal numbers of bedroom), a 10%
penalty in the number of units to transfer a one (1) bedroom unit to develop a two
(2) bedroom unit, and a 15% penalty to transfer a one (1) bedroom unit to
construct a three (3) bedroomlbathroom unit.
In practice this would mean that if proposing a transfer of one hundred (100) one
(1) bedroom units, an applicant could construct one hundred (100) one (1)
bedroom units, or ninety (90) two (2) bedroom units, or eighty-five (85) three
bedroom units or a combination thereof
i\.1 0 11 I n e (' 0 U 11 t y C r 0 \\i t h !VI .ll1 ,1 ~ l: 111 C 11 1 [) 1 \ 1 S I \) II
4. Worldng WoJerfront Uses Preservation
The proven methodology for preserving a use that is no longer economically
viable or that is being driven out of a community due to regulatory pressure
and/or market forces is the provision of incentives for the continued maintenance
and enhancement of the disadvantaged use.
This amendment contains numerous incentive measures for the continued
maintenance and enhancement of the working waterfront uses found in this area
of Stock Island. The following addresses the incentives which are only available
to the proposed Deep Port Harbor FLUM category properties.
a. Building Height
The proposed amendment includes a provIsion which allows the
maximum building height of 35 feet to be measured from the base flood
elevation for projects proposed with the Deep Port Harbor FLUM
category. Base flood elevation is the minimum elevation to which FEMA
requires a habitable first floor to be established to be considered above
flood level. This elevation varies dependent on the area of Monroe
County being considered and the characteristics of the property. In this
area of Monroe County base flood elevation varies from eight (8) feet to
fourteen (14) feet.
In practice this would allow total building heights to range from between
43 feet and 49 feet from grade to peak of roof. This additional height is
intended to facilitate additional commercial space between the grade
elevation and the first floor. Residential units cannot be constructed below
base flood. Commercial square footage is allowed below base flood if
special flood proofing measures are included in the construction
techniques.
b. Permitting Restrictions
Monroe County Land development regulations include restrictions on port
facility construction including dimensions and construction methodology.
Variances from these restrictions are allowed thtough a minor conditional
use approval as a "special approval". This amendment waives the
requirement for the special approval if the property is located within the
proposed Deep Port Harbor FLUM category and the applicant has
received all applicable approvals from state and federal agencies, i.e. DEP
and Army Corps of Engineers. A Monroe County building permit would
be required.
c. Non-Conforming Structures
Monroe County land Development Regulations require that a non-
conforming structure that is damaged to the extent of requiring repair in an
amount exceeding 50% of its value the structure must be brought into
compliance with all regulations. The proposed amendment provides an
exemption from this requirement for non-conforming structures within this
Deep Port Harbor FLUM Category.
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d. Protection of Commercial Square Footage
Much of the commercial square footage within the current Maritime
Industrial Land Use Category was constructed as industrial use or
commercial fishing use. These two (2) uses are exempted from the Non-
Residential Rate of Growth Ordinance (NROGO) and, as such, if the use
changes from these two (2) types of use, the applicant would be required
to receive NROGO allocations for the buildings in question.
The proposed amendment recognizes the hardship this would cause
property owners within the Deep Port Harbor PLUM Category and allows
for lawfully established commercial square footage to be considered
NROGO exempt regardless of the proposed use.
e. Separate Calculation of Densities
Density calculations are calculated considering the amount of the property
consumed by a use. This prevents "double" or "triple" dipping property
area when determining the amount of allowed development on one (1)
parcel.
This proposed amendment allows for separate calculation of allowed
development through density application in three separate categories, non-
residential, public lodging, and residential. In application this would
allow for an applicant within the Deep Port Harbor PLUM category to use
the entire square footage of a property to calculate development potential
regardless of other development occupying space on the property.
This flexibility allows for additional use development on a parcel
dedicated to waterfront uses that are not economically viable to subsidize
their maintenance and expansion.
J Skilled Labor Workforce Housing
Currently any housing deemed affordable by Monroe County is required
to meet all the requirements of affordable housing pursuant to Monroe
County code. These include residency requirements and income
restrictions. In return for these concessions, the required ROGO
allocations for the developmeot of affordable residential housing is
provided by a separate pool with significantly less competition than the
market rate allocation pool.
The proposed amendment identifies a segment of the workforce associated
with waterfront uses that is skilled labor. Due to the demand for this
unique subset of the traditional workforce, the pay scale is augmented
beyond those requirements typically applied by Monroe County. The
proposed amendment allows for the development of skilled labor
workforce housing which meets residency requirements but is exempted
from income restrictions. This housing type will be required to receive
allocations from the market rate housing pool, but will be counted toward
rlJ"l' (J
satisfying inclusionary housing requirements for affordable housing. Only
thirty percent of the required affordable housing may be for this skilled
labor force. Inclusionary requirements are triggered if the development
proposal includes 10 or more public lodging units.
Working Watenront Uses Preservation - Density Revisited
As stated above a proven method of incentivizing the preservation of a use that is no
longer economically viable is to provide additional density for a land owner to develop a
new use that is financially sound which can, in turn, support the enhancement and
maintenance of the traditional use. In this case the traditional use is the working
waterfront use.
1. Density Bonuses
The proposed remedial amendment includes a robust density bonus section. This
section includes:
a. 80-60-25 Bonus Waterfront Parcels
An applicant proposing to provide boatyard services as a primary use or
public access along 70% of the waterfront and to construct or enhance the
dockage along the waterfront shall be eligible for a density bonus of 80%
to the allocated density for public lodging units and a 60% bonus to the
allocated density for income restricted affordable housing and a 25%
bonus to the floor area ratio of .35.
An applicant proposing to provide at least 50% of the parcel proposed for
development as working waterfront uses or port facilities and include as a
principal use commercial fishing, boatyards, warehouses and other
traditional maritime uses may utilize a density bonus of 80"10 to the
allocated density for public lodging units and a 60% bonus to the allocated
density for income restricted affordable housing and a 25% bonus to the
floor area ratio of .3 5.
Application
This program would boost the allowed density for public lodging units
from 12 units per acre to 21.6 units per acre. It would facilitate the
development of 34.56 units on a 2 acre parcel. Without the bonus, the
parcel would be entitled to only 19.2 units.
The program would augment the allowed density for affordable housing
from 5 dwelling units per acre to 8 units per acre. A two acre parcel
would be entitled to 12.8 units utilizing this bonus provision and 8 units
without the bonus.
The floor area ratio would increase from .35 to .6 which would allow for
the construction of 52,272 square feet of commercial floor area.
b. Commercial Fishing Preservation Bonus
An applicant proposing to deed restrict, in perpetuity, the property for the
Pdge 7
use of commercial fishing and the accessory uses associated with
commercial fishing such as trap storage, shall be. eligible for a density
bonus to both public lodging and affordable housing densities of 80%
which may be transferred to any parcel within the Deep Port Harbor
FLUM category.
Application
The program would augment the allowed density for affordable housing
from 5 dwelling units per acre to 9 units per acre. A two acre parcel
would be entitled to 14.4 units utilizing this bonus provision and 8 units
without the bonus. It would also allow the public lodging density to
increase from 12 units per acre to 21. 6 units. It would facilitate the
development of 34.56 units on a 2 acre parcel. Without the bonus, the
parcel would be entitled to only 19.2 units.
The transfer provision would allow for the owner of the above described
two (2) acre parcel to transfer the tntal allowable density under the bonus
program to another parcel. If the receiving parcel were also a two (2) acre
parcel the total development potential of the parcel after transfer and
receiving a bonus on its own merit would be 69.12 units for public lodging
and 27.2 affordable housing units.
2. Density Minimums and Maximums
The amendment includes both density minimums and density maximums. The
density minimums are to ensure a balanced, mixed use development in the FLUM
category and are required to comply with state statutory requirements for the
creation of a mixed use land use categery. The density maximums are designed
to protect against over development of the area through the use of density bonuses
and other incentives provided in the amendment. The density maximums are 800
public lodging units, 306 affordable units, and 49 market rate units without a cap
on commercial square footage. These maximums are unlikely to be realized due
to open space requirements and site constraints.
Military Coordination
This proposal contains several policies regarding military coordination by Momoe
County in connection with development within the proposed Deep Port Harbor FLUM
category. Earlier versions included a county-wide military coordination element in an
attempt to address statutory requirements. These efforts were not successful. However,
the proposal mandates that the County initiate the process of adopting a county-wide
military coordination element within ninety (90) days of the effective date of the remedial
amendment.
The proposed initiatives include ensuring development compatibility through noise
attenuation, lighting restrictions, and prohibitions on visual hazards, electronic
interference, and bird attractors. Real estate disclosures are also a component of this
proposal. These disclosures would be required when affected real estate changes hands
through lease or sale as well as during development approval. These disclosures will be
, required only within the Deep Port Harbor FLUM category.
P,l!..!;1.: ~
These concessions do not require the County to acknowledge the Air Instlillation
Compatible Use Zone Study (AICUZ) as an official document for use by County staff.
Staff Discussion
The issue of working waterfront preservation began with the discussion of traditional
working waterfront and the accessory uses to that industry. The BOCC heard much
discussion over the looming failure of the industry, dear to many as a hallmark of Monroe
County's waterfront past, due to economic pressure and regulatory interference. This led
the state and its coastal communities to pursue legislative action to assist in the
preservation of the industry through regulatory incentives.
The proposal provided includes a robust incentive package which I have outlined as
simply as possible above. However, at the conclusion of this three (3) year process, we
as a staff are disappointed that we have fallen short of the initial goal of preserving this
waterfront industry throughout the County. We take solace in particular components of
the proposed amendment which address this community issue, even though it applies to
only one specific area of the County.
The question before the commission today is three fold. Is the preservation of working
waterfront in one area of the County enough? Are regulatory incentives an appropriate
measure to address market fluctuations? Will this amendment promote the vision of
Stock Island identified by its residents?
This amendment centers on the redevelopment of one area of Stock Island and does little
to promote the continuance of working waterfront uses throughout the rest of Monroe
County. While most will agree that Stock Island is the heart of traditional working
waterfront uses, typically identified as boat yards, commercial fishing and their accessory
uses, the expanded statutory definition of working waterfront includes many other types
of properties. The discussion of working waterfront preservation was altered through the
revision of the state's definition of working waterfront to include things such as
commercial and recreational marinas and public lodging facilities. Staff supports the
concept of working waterfront including transient uses, when they are inherently
dependent on the waterfront. This proposal includes adequate linkage between the
resource of the waterfront and the transient facility as the use. However, we remain
concerned over the specificity of this amendment and are not sure if it adequately
satisfies the statutory requirement to amend our regulations to encourage preservation gf
working waterfront uses.
Regulatory incentives such as density bonuses, height increases, and lessened
development restrictions are a proven method of creating a needed community use
throughout the nation and the state. The proposal includes an excellent package to
encourage the preservation of these working waterfront uses and also successfully
provides the necessary development incentives to facilitate enhancement and creation of
these types of uses. The density and height of uses have historically been of great
concern to the residents of this County. However, as with affordable housing, we cannot
adequately address the situation without the proven tools to do so. Staff supports the
proposed density and bonus language as provided, however we are concerned about the
ivl n 11 I 0 ceo u n t y G [ n \\ t 11 1\1 a 11 d ;.; e III l' 11 t l) I \ [ S ] 0 Ii
potential for over development particularly as it could occur with commercial
redevelopment.
This last point brings to light the discussion of compatibility with the vision for the
community by the community. The Stock Island Livable CommuniKeys Plan provided
little indication that high density uses should be prohibited from the area. The plan also
failed to directly address the issue of transient uses. Instead the plan centered on
protecting what was then known as working waterfront uses and eliminating the pressures
placed on that use through sound development regulation. The plan discusses the
allowance of hotels as a use and suggests that the use either not be allowed or that the use
be more clearly linked to the waterfront.
Staff Recommendation
In conclusion, Staff is very hesitant to offer a recommendation as many of these
questions are appropriately answered by the SOCC as the policy maker for the County.
However, in light of the level of incentives provided within this proposal, consistent with
the previous direction from the BOCC, we recommend approval of the remedial
amendment. Staffs' support for the proposed remedial amendment is premised on the
inclusion of many concepts originally recommended by staff to address the issue of
working waterfront preservation.
BOCC Ootions
The Board has 4 options to choose from:
a) Approving the Compliance Agreement and the Remedial Amendment as
proposed;
b) Approving the Compliance Agreement but rejecting the Remedial Amendment as
proposed and directing staff to negotiate modifications with the stakeholders;
c) Rejecting the Compliance Agreement and proceeding to hearing on the original
amendment. The hearing, which is scheduled to commence on December 16th,
would focus on the version adopted on February 4, 2008, not the remedial
concepts proposed here.
d) Rejecting the Compliance Agreement, withdrawing the original amendment, and
giving staff direction on whether to restart the comprehensive plan amendment
process from the beginning.
P 1"C' I )
ORDINANCE NO. - 2008
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. fiI63.3184;
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 AND WORKING
WATERFRONT PRESERVATION AND ENHANCEMENT
INCENTIVES INCLUDING A DENSITY BONUS PROGRAM AND
SPECIAL DEVELOPMENT CONSIDERATIONS; ADOPTING
FUTURE LAND USE GOAL, OBJECTIVES AND POLICIES
RELATED TO COMPATmILITY 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
1
WHEREAS, on March 32, 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 ofCbapter 163, PartII, Florida Statutes; and
WHEREAS, the Deparbnent 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 December 3, 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
2
WHEREAS, the designation of a portion of submerged land and Tier ill 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 December 3, 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 ofIntent 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 ta whole, comply with the requirements of Chapter 163,
Part II, Florida Statues, and further the public health, safety and welfare of the citizens of
Monroe County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[Amendments are presented in st.ike!hfeugh 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.
3
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 redevelopmellt to maintain the
character of the community, strengthen and diversitY 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:
I. 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 !.m:~.=i!l';'~,lll~Q
jlllli'l:l'l:.d,
Policv 101.4.18
The orincioal oUl'Pose of the Deeo Port Harbor CDPID land use cate!!orv is to
orovide for the develooment and redevelooment of areas suitable for water-
dependent oor! and maritime uses such as seanor!. marina. boatvan!. commercial
fishin!!. watercraft/vessel repair. and water-deoendent manufacturinl! and service.
Port uses include recreational and commercial workin!! waterfront uses: however
commercial oassenller cruise ships with a draft of25 feet or !!reater are orohibited
1l/14/2008
4
Other commercial. public. park. utilities (including wastewater treatment plants)
and transient residential uses such as public lodging units are allowed. A public
lodging unit is a transient residential use that shall consist of no more than 3
bedrooms. .1Ut!!l;Jl!1H:Y"1lJ.d!lit,!lli!J:~iJlgJ,tl!ll.{J!I,m\!.U:~t~41~U9JUlllbitJ1.h!~~.t1.i1'.
r,lj!!lI\tiqJ!(,Jtt{Il!;l!:I;..f~I,I!. !.\~!Mv-!};.PI,Wj,(;. LQ~g1-!!!L-.!wj-l..fMllJ!J..(',~rJ~!L:!.~IIl)
l,I.tI!1-Hp.b~.Ai';;~mJIWj.\lm~Lm!ti!,l.'.('J~{!ll.j,fl-'.I..tl,lr~.e_ s.t\!!Y .R!!~.IjS.li!l!gi)Ij,Lmlij
.CllWlntUC.ero.17JlJUlahitabII:".aU:.l:lllI,diJinned1i!l!!1!rdCfi.,.Pennanent market
rate 'reside;;-ti~C~--;;"eTi' as . emljjo-;oo iiowiiim and--;';o&force housing that is
accessOlv to principal water-dependent uses. are also allowed. This land use
categorY shall consist onlv of harbor areas capable of accommodatinll vessels of
fifteen (5) foot draft and one hundred (J 00) foot length. tollether with contiltUous
Tier III upland areas. Building height in the DPH future land use catesorv shall be
measured from Base Flood Elevation ("BFE") as defined bv the federal Flood
Insurance Rate Maps.
To complv with the mandate of Rille 9J-5.006(4)(c) F.AC. which reQuires an
appropriate mix of residential and nonresidential uses and to preserve
commercial workinll waterfront uses. the following mix of uses shall be reauired.
1. No less than fiftv percent (50%) of each parcel. in"'lIduIJUmlJ.II.ll[lmd
lands. proposed for redevelopment shall be utilized for working
waterfront uses or port facilities as defined in F.S. Sections 315.02(6)
and 342.07.
2. In order to encourage preservation of traditioniii maritime uses such as
commercial fishing boatvards. warehouses nautical stores. and other
port uses. no development order shall be issued that woilld result in
reduction of the percentage of total upland area developed with
traditional maritime uses to less than thirtv percent (30%), In order to
assure compliance with this provision Monroe County shall reauire
each aDPlicant for development approval to redevelop more than one
upland acre within the Deep Port Harbor future land use category to
submit an inventorY of (a) the traditional maritime uses and other
working waterfront uses in existence within the Deep Port Harbor
catelZorv at the time of development application submittal and (b) the
net increase or decrease of each of those uses if the development
application were granted.
3. There shall be in place prior to redevelopment of more than fifty (50)
percent of the upland llfelLCOmprising the DPH future land use
category :
a no less than forty (40) percent of the upland comprising the Deep
Port Harbor category shall be developed with nonresidential
working waterfront uses or port facilities. as defined in F.S. Sec.
315.02(6) and 342.07. including but not limited to docks.
11114/2008
5
commercial fishing facilities. commercial seafood facilities. trap
storage. shipping. facilities to serve ocean-going vessels. marine
research. boat maintenance and repair. and marine transportation
facilities: and
b. no fewer than 100 residential or public lodging units.
RaGa allocations for the development of state-licensed public lodging facilities
mav be accomplished through transfer or competition within the Monroe County
RaGa DOOI. Transfer shall be governed through the following Drocedure:
RaGa allocations for the develoDment of state-licensed Dublic lodging facilities
mav be accomplished onlv thromrh the transfer from:
a) a lawfullv established state licensed Dublic lodginlr facility or
b) a lawfullv established recreational vehicle Dark within Monroe County or
c) a municiDaI division of Monroe County with a resolution from the sending
local government.
Public lodging facilities shall be develoDed through the transfer of RaGa exempt
units. Drovided that thev are lawfullv existing and can be accounted for in the
County's hurricane evacuation model. Contingent UDon the future adoption of a
Monroe County comDrehensive Dlan amendment to revise the Permit Allocation
Svstem to allocate a Dercentage of residentialla"owth to transient units. RaGa for
Dublic lodging facilities may also be obtained through comDetition within the
Monroe County Permit Allocation Svstem. ..
A residential dwelling unit (RaGa) allocation mav be obtained and transferred
from (a) a lawfully established State-licensed Dublic lodging facility in
unincornorated Monroe County currentlv serviced bv a seDtic svstem or a Drivate
Dackage Dlant that does not meet 2010 standards. (b) a lawfully established State-
licensed Dublic lodging facility in any municioality in the Florida Kevs thrJl].ph 'I
rg~.b.Itii!,!.fr.l!!I1 thr .1fW1ll1'?...M>J:~nl. or (c) a lawfullv-established
recreational vehicle park within Monroe County or a municiDal division of
Monroe County t1u:JlJ.W!J!.,!J:s.i1.l!JiblllJtqlll~tl\f.ll1',w.!!ngJJ!.clll~rp.!!!,!;P._l
A residential dwelling unit CRaGO) allocation transferred to the DPH Future
Land Use Category for development of a public lodging unit may be redeveloDed
at the following ratios:
1. one (J) bedroom. two (2) bedroom. or three (3) bedroom public
lodginlr units may be developed bv transferrin" allocations from
units havin" an eauivalent nwnber of bedrooms without a
reduction in thenwnber of transferred units:
2. two (2) bedroom public lodging units may be developed at the rate
of ninety percent (90%) of the one (I) bedroom units being
transferred: and
1l/14/2008
6
3. three (3) bedroom public lodging units may be developed at the
rate of eighty-five percent (85%) of the one (]) bedroom units
being transferred.
Policv 101.4.19
To ensure compatibility of development in the Deep POlt Harbor catell:OlV with
nearby NAS Kev West. the County shall reauire that:
I. In areas identified bv 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.
2. All lights or illumination used in coni unction with street parking. signs
or use of land and structures shall be shielded or otherwise arranged and
operated in such a manner that it is not misleadinl! or dangerous to
aircraft operating from NAS Kev West or in the vicinity thereof.
3. No operations from any development or land use in the Deep Port Harbor
category shall produce smoke. glare or other visual hazards to any usable
runway at NAS Kev West.
4. No operations from any development or land use ill the Deep Port Harbor
category shall produce electronic interference with navigation signals or
radio communication between the airfield at NAS Kev West and any
military aircraft.
5. New land uses that are potential bird attractors and that NAS Kev West
advises would create a safety risk to pilots and members of the public
shall be prohibited or restricted.
6. A notice disclosing the fact that a parcel is located in an area that may be
affected by NAS Kev West aircraft noise shall be affixed to all sales and
rental contracts. lease agreements for leases greater than three months.
and development orders aoplicable to anv parcel within the neep Port
Harbor category on Stock Island. Receipt of the notice shall be
acknowledged in writing bv the recipient. and copies of all such
acknowledgements shall be provided to NAS Kev West and Monroe
County. Nothing in this policy or 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 anv 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. In
addition. the notice shall be affixed to alll~.li..1Ill.ll..!l111~.LI:!'JIlsJ1lI.l.c
:!J1J!lM~,r~ in the DPH land use catelmrv. .-----------...-----.---
11/1412008
7
L$.Itsubdivision plats and conditional use approvals granted after adoption
of this policY for properties in the Deep Port Harbor categorv shall
contain a provision or notation indicating that all or a portion of the
propertv is in an area that may be affected by NAS Kev West aircraft
nOIse.
8. No modification. condition or restriction. other than the above. on anI'
plan amendment. land development regulation. or development order
recommended bv NAS Key West shall be req~red if its inclusion in a
plan amendment. land development regulation. or development order
would constitute a taking of prooerlY or would inordinatelv burden an
existing use of real properlY or a vested rieht to a specific use of real
properly under the Bert 1. Harris Act.
No later than 90 davs after the effective date of this policv. Momoe County.
militarv installations in the County. and the state land planning agencY shall
initiate the comprehensive plan amendment process for adoption of a
comorehensive plan amendment establishing County-wide policies for
coordination with militarv installations and to establish criteria to ensure the
comoatibility of development with adiacent or closelv proximate militarv
installations as reauired bv Fla. Stat. Sections 163.3175 and 163.3177(6)(a).
The comprehensive "Ian amendment process shall be initiated bv an initial
meetine to negotiate the terms of such policies. and such meetinl!S shall
continue thereafter until the plan amendment is adopt&! bv the County.
...
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 -
101.4.18: [9J-5.006(3)(c)7].
Future Land Use Densities and Intensities
Futw'e Land Use Allocated Density (per Maximum Net Density Maximum
Category And acre) (pel' buildable acre) Intensity (floor
Corresponding al'ea ratio)
ZoniRl!
Agriculture (A) o du N/A 0.20-0.25
(no directly o rooms/spaces N/A
corresnondin" zonin")
Airport (AD) Odu N/A 0.10
(AD zoning) o rooms/soaces N/A
Conservation (e) o du N/A 0.05
(CD zonin,,) o rooms/soaces N/A
1lf14/2008
8
Education (E) o du N/A 0.30
(no directly o rooms/spaces N/A
corresnonding zoning)
Indus1rial (I) I du 2 du 0.25-0.60
(I and MI zoning) o rooms/spaces N/A
Deep Port Harbor I du (market rate) 2 du (market rate) 0.35-0.60
amn 5 du 7 du
(DPH zoning) (,In>>!:.!!1!/tle/workforce/ (l~tli!~!labM\lworkforce/
emplovee) emplovee)
12 units (public lodging) 15 units (public lodging)
Institutional (INS) o du N/A 0.25-0.40
(no directly 3-15 rooms/spaces 6-24 rooms/spaces
correspondin2 zoning)
Mainland Native om du N/A 0.10
(MN) (MN zoning) o rooms/spaces N/A
Military (M) 6du 12 du 0.30-0.50
(MF zoning) 10 rooms/snaces 20 rooms/spaces
Mixed 1-6 du 6-18 du 0.10-0.45
Use/Commercial 5-15 rooms/spaces 10-25 rooms/spaces
(MC)(g)
(SC, UC, DR, RV, and
MU zonin2)
Mixed Approx. 3-8 du 12du 0.25-0.40
Use/Commercial o rooms/spaces o rooms/spaces
Fishing (MCF)(g)
(CFA, CFV(c), CFSD
zoning)
Public Facilities (PF) o du N/A 0.10-0.30
(no directly o rooms/spaces N/A
correspondin2 zoning)
Public Odu N/A 0.10-0.30
Buildings/Grounds o rooms/spaces N/A
(PB)
(no directly
corresponding zoning)
Recreation (R) 0.25 du N/A 0.20
(PR zoninl() 2 rooms/spaces N/A
Residential 0-0.25 du N/A 0-0.10
Conservation (RC) o 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 o rooms/spaces N/A
zoninj,,)
Residential Medium approx. 0.5-8 du (1 N/A 0
(RM) du/lot) N/A
11/14/2008
9
(IS zoning) o rooms/spaces
Residential High (RR) approx. 3-16 du (1-2 12 du 0
(IS-D(e), U~(e), and dullot) 20 rooms/spaces
UR(fI'zonin 10 rooms/snaces
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.
(e) The allocated density for CFV zoning shall be I dwelling unit per lot and the maximum net density bonnses 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 I dwelling units per lot, respectively and the
maximum net density bonuses shall not be available.
(f) The maximnm 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 UseJ 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 lUlder the categories of Agricult~ Education, Institutional, Public Facilitiest 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 Densily is the maximum density allowable with the use of TDRs.
Ii) In the DPH Future Land Use catee:orv density and intensity bonuses allowed under PolicY 219.1.2 .are additional.
(k) Notwithslandiml the above densilies and inten~ities the maximwn develooment in the DPH Future Land Use
Cate20rv including incentives and bonuses shall be RIWl ,otn) DubHe lodeine units 306
~_J,;.~qJ&clworkforcelemDlovee housinll units. and 49 market rate unils.
11) In the DPH future land use cateeorv the aDen soace ratio shall be a-1I1.inimum (tfO:20 (20%) lUlll...m.ns.is.1U!lLu:.lt.h
thSLom'1lJiIUltlLr.w . .", > Its fur habitnt l"U$..'
'" *.-
Goal 212
Monroe County shall pnonl1ze 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 COlmty. (9J-5.0l2(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 DeeD Port Harbor Future
Land Use Category. shall meet the following:
I. Monroe County's marina siting criteria (See Policy 212.4.3); and
11/14/2008
10
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.AC. [9J-
5.012(3)(c)I,2,3 and 8; 9J-5.013(2)(c)1 and 61
Pursuant to the inherent maritime characteristics of the Deep Port Harbor !DPHl
Future Land Use Categorv. a9plicants for develoDment aDDroval for marinas and
port facilities in the DPH Future Land Use Categorv may obtain a Countv
building Dermit as of riebt for the construction of marinas and DOrt facilities.
including docking facilities of any dimension. upon Dresentation of renuired
permits from state and federal rel!U!atorv agencies having iurisdiction to authorize
that develoDment. and Davment of the aDDlicable building Dermit fee.
...
Policy 212.4.7
Applicants for a permit to develop a new marina or eXDand an existing marina
facilitv 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). exceDt the submerged lands in the DeeD Port Harbor Future
Land Use Categorv lving outside the Main Ships Channel:
1. 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;
...
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]
II/14/2008
11
Policy 213.1.1
Monroe COlUlty shall complete a Public Access Plan for lUlincorporated 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 COlUlty 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 desigu 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)].
*****
11114/2008
12
Goal 219 -- Community Character and Preservation of Recreational and Commercial
Working WaterfJ"Onts
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 preserntion and enhancement of recreational and economically
viable commercial working waterfronts.
Policy 219.1.1
The Countv shall take a oroactive role in encourlll!il\l! the maintenance and
enhancement of communitv character. and economicallv. viable traditional uses on
the waterfront through adherence to the following key tenets of working
waterfront oreservation:
1. Protect the working waterfront bv establishing that commercial fishing
activities are comDatible with other working waterfront uses including
water del'endent uses. pursuant to Florida Statute 342.07.
2. Recognize the imoor!ant role of boatvards and other maritime service
facilities. and encourage the maintenance and enhancement of water-
deoendent SUDDOrt facilities.
3. SUPDort the continuation of DrOgramS that oroyide historical and
educational information and 'training in the marine and commercial fishing
industries.
4. SUDOOr! mixed use development adjacent to marinas which provides a range
of services and activities for boaters and their families. includiDl!
restaurants shoos. and other activities for residents and visitors.
5. Encourage Dublic access and creation ofoublic sDaces in the redeveloDment
of marine facilities through the provision of Dedestrian access along the
shoreline. Drotection of view sheds. and creation of public ooen SDace.
giving due consideration to oublic safetv concerns.
6. Establish that non-conforrning structures that are lawfullv established and
located within the DeeD Port Harbor Future Land Use catellorv and the
Mixed Use/Commercial Fishing Land Use categorv. as indicated on the
Future land Use maD. mav be rebuilt if damaged or destroved. orovided
that thev are rebuilt to the oreexistin\! use. building footprint and
configuration without increase in densitv or intensitv of use consistent
with FEMA reouirements.
ll/14/2008
13
7. Protect L49~!ll~,~i.dj\J!J.illtSQUare footage within the Deep Port Harbor land
use category through the entitlement to NROGO exempt redevelopment of
!;!I'f,[!!~t~.I\!l(,'IDli:il!ltJl square footage.
8. Provide working waterfront development incentives within the Deep P0l1
Harbor Futw'e Land Use categOlV through the separate calculation of non-
residential intensitv and residential densitv.
9. Recognize the hardship for maritime uses to complv with standard
regulations for parking requirements bv allowing shared parking facilities
located within walking distance of a water-based transportation facilitv to
satisfl' off-street parking requirements.
10. Provide OPD0l1unities for and encourage development agreements and
inter-local agreements governing the use of public and private waterfront
lands which promote the goals. obiectives and policies of the
Comprehensive Plan.
II. Establish that the development or redevelopment of public lodging
facilities exceeding 10 rooms or 10 public lodl!ing writs will require
comnliance with the inclusionarv housing requirements.
12. Recognjze the necessitv of a skilled maritime industries labor force and
their inherent income requirements bv nrovidin~. that within the DPH
Future Land Use category the terms "emplovee housing" and "workforce
housing" shall mean housing to accommodate recreational and
commercial working waterfront emplovees who lZenerate a minimum of
70% of their income from an emnlover with a Monroe Countv
occunational license. Seventv nercent (70%) of all reouired affordable
housing shall comnlv with affordable housing income restrictions. Thirtv
percent (30%) of reouired affordable housipg built as emplovee or
workforce housing for a particular development mav be permitted for
skilled maritime industries labor without regard to income level. however
the requirement for 70% of the anplicants' income to be derived in
Monroe Countv shall applv. Market rate residential dwelling unit
allocations shall be required for the emnlovee or workforce housing
portion of the required affordable housing that does not comnlv with all
affordable housing income restrictions and shall count toward the
inclusionarv housing requirements.
Policv 219.1.2
The strategy to protect and enhance recreational and commercial working
waterfronts shall include the following actions:
1. Prioritv for shoreline development shall be given to water-dependent uses.
In order to nrevent the loss of existing commercial harbor frontage to
1l/14/2008
14
exclusive residential use. no approval mal' be issued for permanent
residential uses. excluding emplovee/workforce housing. along anI'
waterfront area which maintains at least four (4) feet at mean low water at
the shoreline. However. in the Deep Port Harbor Futw'e Land Use
Category water-dependent facilities such as public lodging establishments
mal' be constructed along the waterfront on anI' parcel that provides
commercial recreational and/or public boating access to marine and
coastal waters.
2. PubliC/private investment for orooertv Dfeservation either through
ourchase of prooertv or purchase of the develooment rights to the
propertv.
3. In the Deeo Port Harbor Future Land Use categOry the County shall
provide land use intensitv and density bonuses to encourage develooment
that orovides oublic access to the shorelines and waters of Monroe County
and to encourage oreservation or exoansion of recreational and
commercial working waterfronts. IJ'ioc.1~~1I1v~1l:!!...llLwn!'Jlafa
r!'l!ar.djpl!j~ill'Jl.(I.lYll.llLth!;.exisJ.inlul~..arulwJlI:~v.at~rll:lln1
~es~J!'Jl.LbJ)...Il.rIl.l!i!,l.c.d...1O...1hILClnIlUl'-.ilLjdJlDIllltJW:eJl.tahItL.1fLtb.e
j}lo.llr.Q$_C!l\!!!l.Y~~ The bonus orogram applicable to
the Deep Port Harbor Futwe Land Use Category shall include the
following incentives:
a. A development aoolication for redeveloomenf of a waterfront oarcel
within the DeeD Port Harbor Future Land Use Category that proooses
J.l2!h
(I) to provide boatvard services as a orincioal use of the Darcel. or to
orovide public access to marine and coastal waters including without
limitation boating access through a marina open to the public. along at
least seventy oercent (70%) of the oarcel's water frontaae: and
(2) to construct oort facilities that will substantiallv imorove the
dockage caoacitv of the oarcel orooosed for develooment.. bv
exoanding dockage. measured in linear feet of oiers. docks. and
wharves. to no less than one hundred ftftv oercent (150%) of the
dockage existing on the orooertv as of the date of adoption of this
oolicv. resulting in a ratio of no less than 200 linear feet of dockage
oer one uoland acre.
shall be entitled to a oublic lodging density bonus of 80% and a density
bonus of 60% 1:!IJ:"'!IM~Q.lI!~cl:l!'t.l;j,j:,t!l!tJ!.ml~d,!blp. h.!'"';IIl!. and shall be
further entitled to an intensitv bonus of 25% for nonresidential uses.
!mRI.i'l'ILMi"thd!!;l,'LX;:).~_J!I~.l:$lll~Y...JJn.4.u. The term "exoanding
dockage" as used in sub-oaragraoh 5.a.(2) above includes not onlv
construction of new docks and piers but also the substantial imorovement
11/14/2008
15
of existing wharves. S,~"'~tlllls, all,l',,~m;l,,!g~ and the addition of finger
piers. bollards or pilings to facilitate mooring of vessels.
b. A development application for redevelopment of non-waterfront parcels
within the Deep Port Harbor Future Land Use CategOli' that proposes to
utilize no less than fifty Dercent (50%) of the Darcel for working
watelfront uses or port facilities as defined in F.S. Sections 315.02(6) and
342.07. and to include as a principal use up the Darcel one or more
traditional maritime uses such as commercial fishing boatvards.
warehouses nautical stores. or other port uses shall be entitled to.1UIlL.Iifu:
!mJgLqgJ!m!JiiJx'!Jm!!~q;fJM~L.llll!l.11.~.IJJdb',J!..~ !'-Ui.O_'Y~..Jm;i!J~flll'!~
rg,'i.tcil.1~~ffl!!:j/JMl~ hQlllii!!g,~djJljntl,'.ij,'iW'_ h!llll!&~~.Jm:
WIJl!,;W!!~ntillL!.I,~.A!PJ!.Iir.!!.1li~t4l:..!Id,!5.J;A!l~jn.J~lnJ...u.1
c. To encourage Dreservation of commercial fishing use. a development
aPDlication to redevelop a Darcel of land within the DeeD Port Harbor
Future Land Use Category shall entitle the aDDlicant to a Dublic 10d2ing
and llll....lllInrd1!ble ({!lmme resirictedl .l1lwsbIl! density bonus of 80%
itIdwtiUJ,ba!lnl;ated .!bmsitv. transferable to any Darcel within the Deeo
Port Harbor Future Land Use Category. Drovided that the aPDlication
meets the following criterion:
The aDDlication secures commercial fishing use of a Darcel of land
within the Deep Port Harbor Future Land Use Category. bv
recorded dedication in DerDetoitv. In order to meet this criterion.
the DrinciDal use of the dedicated Darcel must remain in perpetuity
commercial fishilllz: includinl1: such activities and facilities as
dockage for fishing vessels [oarling docks and baYs trap storalre
fish processing. fueling. ice/refrigeration plants. fishing Diers. and
sale of seafood products, J!,l!d. uses that SUDDOrt commercial
fishing such as seafood restaurants and markets. and public
access structures.
This bonus shall be derived from.. but mav not be utilized in the
develoDment of. land dedicated to and used for commercial fishing. The
dedicated Darcel used to secure this bonus shall be inelilrib[e for award of
a bonus under (a) or (b). above.
d. The bonuses awarded as \>rovided in sub-sections a through c above
shall apDlv to. but shall not be derived from.. develoDment of a public
lodging establishment. The nonresidential intensitv. Dublic lodging
density. and aIIQJ:t1J1hh).housine: density of the land to which the bonus
applies shall each be seDaratelv calculated. without deduction of land area
occuDied by or desie:nated for another use or uses. and shall be based on
the densities and intensities found in the Table of Densities and Intensities
located within Policv 10 1.4.21.
11/1 412008
16
Policy 219.1.3
The County shall not vacate, diminish, or otherwise impair publicly-owned
pailiways, sidewalks, roads, ends of roads, parking areas, docks or boat launching
facilities, and oilier access points iliat are currently used, or susceptible to use by
the public to access the shorelines.
Policy 219.1.4
The County shall collaborate and coordinate wiili 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 Concem 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.
11114/2008
17
Section 2.
Severabilitv. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3.
ReDeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be filed in the Office of the Secreaty 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 special meeting of said Board held on the 3m day of December, 2008.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor
18
NOTICE OF SPECIAL BOCC MEETING
NOTICE OF ATTORNEY-CLIENT CLOSED SESSION
NOTICE OF PUBLIC HEARING
TO CONSIDER
A COMPLIANCE AGREEMENT AND AMENDMENTS TO
THE MONROE COUNTY 2010 COMPREHENSIVE PLAN
REGARDING THE WORKING WATERFRONT
CONTINGENT UPON APPROVAL BY THE MONROE COlMY BOARD Of COUNTY
COMUISS(otlERS at their reguJarIy scheduled meeU,", on New""'" 18, 2008, a gp.eiIl Meelln9 of
Ihe Board wi be held on Wednesdly, Deoember 3, 2008 beginning at 10:00 A.M. in the Hltwt
Govemment center, 1200 Troman Avenue, Key west, Monroe County, F1C1rlda. At 1M Sp<<:ial
MeeIkItI. ~l'SlllnllD SecIia1286.011(8), FIatda statutes, an Atl<<ney-CIlent Closect SeISion Mil be
held 10 dlSClSCpencIilg litigation In lhell'llltW of DepalfmedofCMJmtlityAlfl/rs v. Monme County,
"tII..DOAHoa.2035. Fobdng lheAltomey-ClenICloS9dSes:sion.lheBo8rdWllconsiderproposals
k1regJlalelheUJeoflllndv.fthinllflillCCl'pCQ.l.edMorroeCounty.
^ PUBLIC HEARING wlllake place on Dtcemblr 3, 20088110:00 AM., ar u soon lhllufter as may be he.d, at
Harvey Government Cenler, 1200 Truman Av.nue, KtyW.st, Mome ColDlty, florida Iorevlewal\d receive pub
commWltfor lhefoRov.ingitems;
1. CONSIDERATlDN O~ A COMPUANCI'! AGIiII!"~1!HT WITH THE DfPARTMENT OF COMIIWfI'Y AFFAIRS CONCERNING THE
YlAR 2OII1oOi ANEr<<r/lEtflS TO MONROE COUIfJY YEAR 2010 COMPREt!ENBlY! PLAN RElATING TO THE. WOIlI<lNCJ WA.
TERFRONr,INa.UDlNO BUT NOT UMITEO TO CREATION OF A HCW fUTURE LAND USE MAPDBIGNATION CALLED DEEP
PORT HARBOR ~D WORKfiQ; WATERFRDHT PReSERVATION AND ENHANCEMeNT INCENTIVES INCLUDING A DENSITY
BONUS PROGRAM AHD SPEctAL De\lB.C1PM!NT CONSIDeRA110NS.
2. AN ORDINANCE OF THE NONR~ COUNT'!' ROolRn l'lF COUNTY COMMlUIOIlIERS ADOPTING AMI!fiDM~TS TO THE
MONROE COUNTY 2110 COMPRHNSIVE PLAN PURBUANTTO A COMPlWlCE AGREEMENT WITH THE DEPARrMEttT OP'
COMMUNITY AFFAfl.S ACCORDING TO FLA. STAT, 1163J18-4; AMENOJNG THE FUTLRE LAND USE fLeMENr AND THE C0N-
SERVATION AIIID COASTAL MANAGEMENT ELEMENT REGARDING RECREATIONAL AND COMMERCIAL WORMINQ WATER-
FRONTS: AMENDING THE FUTURE LAND USE al~II!NI' AND THE FUTUIt! !.AND US! MAP TO CREflTE THE DEEP PORT
HARBOR FUTURE 1.AND USE CATEGORY; ESTABUSHING AllOWED USES AND DfYELOPNENT CRf1!RIA FOR THE DEEP
PORT HARBOR AITURE LAND USE CATEOORY ANDWORKHO WATERJIIRClHT PRESERVATION AND EMfANCEMENr IHCEN.
TIVES INCLUQtlOA DENSIT'fBONUS PROGRAM AND SPECIAL OEVELOPIIENT CONSlDERATlOtfS;ADOPTlNG AlTURELAflID
USE GOAL, OBJ!CTIVES AND POUCIES RELATED TO COMPAnBLITY OF DEYfLOPIlfNT WlT1i MUTAR'f INSTALLATIONS;
PROVIDING FOR SEYWIIIIJI'Y AND REPEAl. OF INCON&I&TEHr PR~S; PROVIDING FOR TRAMimTAL TO THE Of.
PARTMENTOF COIlll1UNrrY AFFAIRS; PRCMOlHG AN EFFECTIVE OAT!.
TllIshelllll'lQlIb"lIhelcllll~.WdhV\l!lprcr.o_tASIctIQII95-S11ofIheMonll>>~IltfCode,IlIldChlp~'25.661111d
163.3187, of !he Aoride SIdJIn. Copier d 1lle prqxlnd d!q8llre availllblt IlIIhe "nning Oeperlm.nl cll'1CU In Mallllbon llIld
Planltllon Key<llllng normalbusinesG hotn andonlM 11 w.rrw.mOlHoeeountj.flgov
PlIISUIIl\ 10 Florida S1Ilute 2M.OlOO, lhaCCWltyhBtellyadYllll5lheptlbiGlNIliflptnOndleldas roappullll)'~mDby lbis
Ccmrntmlnwilh re~ 10 any malttf eclIIlclhd 81 its ~ or lis hwrllSl, Ihev must emwre lIlal \IleWfbalm recordoflhe plOCeed-
mg 18 madli, whi:ll reoord ~llDas Ihllllllllimonyll'lll8Via'erce upon lIIllich lhlllppllll ill baed ADAAnislllnca"l\nyolM rIllliIdIng splICl8I
(d$lSlInoellllle eolrdol CotJ1lyCcmm~1onor$ Heering<be loa dsabilyahouldccnlacllhePlamtng OepIrlmenl by 5 PM on Novem.
ber~,200812ll9-2500
Monroe CO~. n y
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Andrew Orner Trivelte, Director
Growth Management. Division
2798 Overseas ffighway, Sole 410
Marathon, Florida 33050 {JC5)289-2600
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