Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 2. 2009
Division: Growth Management
Bulk Item: Yes
No
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
Discussion of a counter settlement proposal to resolve the outstanding issues associated with
Comprehensive Plan Amendment package 08-01 (working waterfront amendments) with direction to
the Growth Management Division and the County Attorney's Office.
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 complcetion 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 except five of the adopted objectives
and polices met the requirements of Chapter 163, Part II, (F.S.), for compliance, as defined in
163.3184(1 )(b), (F.S.)
PREVIOUS RELEVANT BOCC ACTION:
February 2009 - BOCC provided additional direction to staff for a counter settlement proposal
December 2008 - BOCC declined settlement offer from the Department of Community Affairs
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
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes -L No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUEPRODUCING:Y~
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
Revised 11106
AGENDA ITEM # E 3
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: Friday May 22, 2009
RE: 08/01 Monroe County Comprehensive Plan Revised 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.
Back2round
In 2005 House Bill 955 entitled Waterfront Property was passed and became Ch 2005-
157 of the Laws of Florida. This action instigated an amendment to Chapter
163.3177(6)(a), F.S., requiring that all coastal counties adopt, within the Comprehensive
Plan, regulatory incentives and criteria that would encourage the preservation of
recreational and commercial working waterfronts. A secondary amendment to Chapter
163.3178(2)(g), F.S., requires that the coastal management element of the
Comprehensive Plan include strategies that will be used to preserve recreational and
comm(:rcial working waterfronts.
Monrol~ County began the discussion of 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 of
$180,000.00 in September of 2006. This contract instructed the SFRPC to produce the
necessary land development regulations and comprehensive plan amendments to
implement a protection strategy tor 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, 1 through 3, which began with the most restrictive
option "No Net Loss". Option 2 allowed the use of a property to convert to another water
dependent use and Option 3 allowed for 50% of the use to be redeveloped without a
preservation restriction. The BOCC provided instruction to implement a preservation
strategy based on the third option which included a revised percentage and incentives to
keep andlor expand working waterfront uses.
Based on this direction staff presented proposed amendments to the Marine and Port
Advisory Conunittee (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 and then had its first of three (3) public
hearings before the Planning Commission in June of2007.
The BaCC conducted a public hearing to transmit the amendment package on September
19, 2007 at which the Board were presented with three (3) options for transmittal, an
amendment as prepared by staff, and 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 Report from the Department of
Comnlunity 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 BaCC adopted the amendment package which would be 08/01
with revisions entertained from the floor at the adoption hearing. 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" places the County into the administrative
hearing process on the amendment unless the County chooses to rescind the amendment.
The County opted to pursue the hearing and the BaCC instructed staff to pursue
settlernent prior to the hearing date.
The DCA crafted a remedial amendment and offered it to the BaCC as a settlement to
the finding of "Not in Compliance". The proposed remedial amendment was the product
of sev~:n (7) individual parties negotiating the 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 DCA all of the other parties some of whom were
granted status as interveners and others who participated as interested parties.
The BaCC rejected this amendment and asked staff to prepare another version of the
proposal which contained fewer allowances and reduced the overall allowed densities.
Staff presented this concept and an alternative at a BaCC special workshop on February
27, 2009. The BaCC again provided direction to reduce allowed densities and to
consideT the definition of a hotel room as well as the transfer or redevelopment of motel
rooms into suite combinations.
Staff has prepared the attached proposed amendment which addresses these concerns.
Remedial Amendment Chan2:es Explained
The HOCC at the February 27, 2009 workshop concluded the meeting by answering
several questions related to the concept of working waterfront preservation, density
bonuses and transient development on Stock Island. Staff has utilized this input to craft a
revised remedial amendment which has a general requirement for working waterfront
preservation in the Safe Harbor area of Stock Island of 40% for each parcel. The
proposal includes a density bonus program that achieves a balance between past high and
low density proposals.
Density and Density Bonuses
The Board indicated that the staff recommendation presented in the Alternative Plan for
hotel unit density (5 allocated, 10 max net) in the DPH future land use category was
somewhat low. The Board directed staff to come back with hotel density somewhere
between what was presented and what is currently allowed in the land development
regulations (10 allocated, 15 max net). Staff has established hotel densities of 6 units per
acre allocated, and 12 units per acre max net (Policy 101.4.21). If approved, the same
densities will be established in the land development regulations, bringing the two
documents (Comprehensive Plan and Land Development Regulations) into consistency.
The Board directed staff to provide working waterfront protection incentives by creating
a tien:d system of density bonuses. Staff has established density bonuses which
encourage the preservation of land dedicated to working waterfront and public water
access in exchange for an increase in residential density. A tiered approach was
developed which requires 50% or 60% preservation in exchange for increases in density
in applicable land use districts (DPH, Mixed Use, and Commercial Fishing).
Preservation of 500/0 of the parcel area allows for residential density calculated on an
averagl~ of allocated density and max net density. Preservation of 60% of the parcel area
allows formax net density (Policy 219.1.2(3)).
Transient Uses
The Board indicated that rather than a direct correlation of one ROGO allocation per
bedroomlbathroom combination, that staff come back with an allocation conversion
model based on research of conversion models in other municipalities. Staff has
researched hotel conversion models utilized by keys municipalities and determined that
the Marathon model is the most logistically sound and provides an effective basis on
which to develop the County's model. The proposed conversion model (described in the
attached Data and Analysis Review) simplifies calculations by excluding bathrooms from
the conversion ratios, basing the calculations solely on numbers of bedrooms. The model
allows for single bedroom hotel units to be redeveloped directly as single bedroom units,
or redeveloped as multi-bedroom units with a reduction of total units (one-bedroom units
may be redeveloped as two bedroom units at the rate of 90%, or as three bedroom units at
the rate of 850/0).
MEMORANDUM
J\10NROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
JVe strive to he caring, profe...sional and fair
To:
Andrew Orner Tri vette, Director of Growth Management
Mitchell N. Harvey, AICP, Comprehensive Planning Manger
May 22, 2009
Proposed Working Wate,iront Preservation Policies
From:
Date:
Subject:
Meeting:
June 2, 2009
I
2 REOl) EST
3
4 Growth Management is requesting to amend the Monroe County Year 2010 Comprehensive
5 Plan, establishing a Deep Port Harbor (DPH) future land use category that promotes the
6 preservation of working waterfront and water dependent land uses. This amendment is being
7 prepared in response to a Finding of Noncompliance by the Florida Department of
8 Community Affairs (DCA) of a previously submitted comprehensive plan amendment that is
9 presently under review by the Florida Division of Administrative Hearings (DOAH). The
10 amendment proposes to promote the preservation of traditional working waterfront uses on
II DPH through the implementation of incentives and bonuses. Mixed uses such as retail
12 cOlnmercial, restaurants, hotels and motels that provide public waterfront access would be
13 allowed in exchange for the dedication of at least 40% of the land area to traditional
14 waterfi~ont uses. Traditional working waterfront may be defined as commercial fishing and
15 non-residential activities that support commercial fishing such as docks and piers; the
16 outdoor storage, repair and maintenance of commercial fishing boats and equipment; fish
I 7 houses that process, store and distribute seafood products; and water dependent
18 transportation facilities. As an incentive to preserve traditional working waterfront uses, the
19 hotel/motel and residential density increases as the land dedicated to working waterfront uses
20 increases to 50% and 60% or more. In addition, Monroe County will be pursuing an
21 amendtnent to the land development code that will define a transient hotel/motel unit and
22 establish development and redevelopment density standards based upon the number of
23 bedrooms for each transient hotel/motel unit. This process for determining the allowable
24 density of transient units is presently implemented within the City of Marathon.
25
26 Attachnrlent A includes the recommended amendments to the Monroe County 20 I 0
27 Compn~hensive Plan that establish and implement the Deep Port Harbor (DPH) future land
28 use cat1egory for the purpose of preserving Monroe County's working waterfront. Also
29 included are amendments to the Mixed Use/Commercial Fishing future land use category and
30 the provision of density bonus incentives that promote the preservation of working waterfront
31 uses.
32
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I Attachment B is a Data and Analysis summary that describes the impacts and
2 implementation strategies that the proposed DPH and proposed amendments to Mixed
3 U se/Commercial future land use category will create following adoption.
4
5
6 II PROCESS
7
8 Amendlnents to the Goals, Objectives, and Policies of the Comprehensive Plan may be
9 proposed by the Board of County Commissioners (BOCC), the Planning Commission or the
10 Director of Planning. The Director of Planning shall review and process amendments and
II pass them on to the Development Review Committee and the Planning Commission for
12 recommendation and final approval by the BOCC.
13
14 The Planning Commission and the BOCC shall each hold at least one public hearing on a
15 proposed amendment. The Planning Commission shall review the amendment, the reports
16 and nxommendations of the Department of Planning & Environmental Resources and the
1 7 Developlnent Review Committee, and the testimony given at the public hearing, and shall
18 submit its recommendations and findings to the BOCC. The BOCC shall consider the staff
19 report, recommendation, and testimony given at the public hearings and may either deny the
20 application or adopt or not adopt a resolution transmitting the proposed amendment to the
21 DCA. Amendments are then reviewed by the Florida Department of Community Affairs and
22 retum(~d to the County with Objections, Recommendations and Comments (ORC Report) to
23 be considered prior to adoption of the ordinance. Then, an adoption hearing is scheduled for
24 the BOCC within 60 days of the ORC Report.
25
26 The above process was followed. The DCA issued a Notice of Intent to find the amendment
27 not in compliance. This automatically triggered the administrative hearing process and the
28 matter is currently under review in the Division of Administrative Hearings (DOAH).
29
30
31 III RELEVANT PRIOR BOCC ACTIONS
32
33 February 27, 2009 - BOCC workshop to consider public comment on a counter settlement
34 proposal to resolve the outstanding issues associated with the Working Waterfront
35 amendments
36 December, 2008 - BOCC declined settlement offer from the Department of Community
37 Affairs
38 Februaty, 2008 - Final adoption of the Comprehensive Plan amendment for working
39 waterfronts
40 September, 2007 - Approved transmittal of a Comprehensive Plan amendment for working
41 waterfronts
42 September, 2006 - Directed staff to enter into an inter-local agreement with South Florida
43 Regional Planning Council to develop a Comprehensive Plan amendment for working
44 waterfronts
45
46
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IV REVIEW OF AMENDMENT
A. Consistency of the proposed amendment with the provisions and intent of the Monroe
Coun~v Year 20]0 Comprehensive Plan:
Staff has determined that the proposed amendment to preserve and promote working
waterfront is internally consistent with the Monroe County 2010 Comprehensive Plan.
B. Consistency with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern:
All land development regulations enacted, amended or rescinded within a area of critical
state concern must be consistent with the Principles for Guiding Development, Section
380.0552(7), Florida Statutes. The proposed GOP amendment promotes and furthers the
folllowing Principles in Section 380.0552(7):
1. To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these
objectives without the continuation of the area of critical state concern
designation.
The proposed amendments will insure the availability of recreation and
pedestrian resources.
11. To protect shoreline and marine resources including mangroves, coral
reef formations, seagrass beds, wetlands, fish and wildlife, and their
habitat.
No impact to marine resources is anticipated.
111. To ensure the maximum well-being of the Florida Keys and its citizens
through sound economic development.
The proposed amendment will support continued economic vitality
through the provision of pedestrian and recreational resources to be
used by both residents and visitors.
IV. To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
The proposed amendments will have no impact on water quality.
v. To protect the value, efficiency, cost-effectiveness, and amortized life
of existing and proposed major public investments, including sewage
collection and disposal facilities.
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I Staff has determined that the proposed amendment to preserve and promote working
2 waterfront is internally consistent with the Principles for Guiding Development in the
3 Florida Keys Area of Critical State Concern.
4
5 C. Impact on Community Character:
6
7 Traditional working waterfront uses, such as commercial fishing, shrimp fishing,
8 lobstering, conch collecting, sponge fishing, turtle canning, and wreck salvaging have
9 b<::en the mainstays of the Florida Key's economy for past generations. Many of these
10 marine industries have since disappeared. Economic markets in the Florida Keys have
II shifted to support more tourist related marine activities such as sport fishing, recreational
12 boating, diving and snorkeling, tour boats, and eco-tourism. Commercial shrimp and
13 lobster fishing continue as a viable source of income for an increasingly fewer number of
14 local residents, while private boat storage, sales and maintenance continues to be affected
15 by the recent economic downturn. Actions that support commercial marine industries are
16 required if they are to continue to be part of the essential fabric that makes the Keys a
17 unique place.
18
19 The proposed amendments comply with the State of Florida's mandate to protect,
20 pn~serve and promote working waterfront and water dependent land uses through the
21 provision of incentives that encourage property owners to continue such uses as
22 cOlnmercial fishing, boat yards, and marinas by allowing hotels, motels, restaurants, retail,
23 and employee housing that provide public access to the waterfront.
24
25
26 V FINDINGS OF FACT AND CONCLUSIONS OF 'LAW
27
28 1. Commercial fishing has been an essential part of the Florida Keys community for
29 generations.
30
31 2. Continuation and preservation of traditional working waterfront uses is in the best interest
32 of rvtonroe County.
33
34 3. Establishment of a Deep Port Harbor future land use category to promote and preserve
35 working waterfront uses will assist in maintaining and enhancing the continued presence
36 of the commercial fishing industry through land use and density bonus incentives that
37 will allow property owners to develop mixed uses that provide public access to the
38 waterfront, which may include hotels and motels, retail uses, restaurants, and associated
39 employee housing.
40
41 4. The proposed amendment is consistent with Chapter 342.07, Florida Statutes, which
42 defines working waterfronts as:
43 A parcel or parcels of real property that provide access for water-dependent commercial
44 activities, including hotels and motels as defined in s. 509.242( I), or provide access for the
45 public to the navigable waters of the state. Recreational and commercial working
46 waterfronts require direct access to or a location on, over, or adjacent to a navigable body
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1 of water. The term includes water-dependent facilities that are open to the public and offer
2 public access by vessels to the waters of the state or that are support facilities for
3 recreational, commercial, research, or governmental vessels. These facilities include public
4 lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling
5 and repair facilities, commercial fishing facilities, boat construction facilities, and other
6 support structures over the water.
7 IV. RECOMMENDATION
8 The Growth Management Division recommends approval of the proposed working
9 waterfront amendment.
10
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A TT ACHMENT A
Goal 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County n~sidents 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 hmnmocks, 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 uses are also
allowed.
Policv 101.4.18
The principal purpose of the Deep Port Harbor future land use category is to
provide for the development and redevelopment of areas suitable for water-
dependent port and maritime uses such as seaport marina. boatyard, commercial
fishing. watercraft/vessel repair, and water-deoendent manufacturing and service.
5/26/2009
Port uses include recreational and commercial working waterfront uses. Other
commercial. public. park. utilities and transient residential uses are allowed.
Permanent market rate residential. as well as employee housing and workforce
housing that are accessory to principal water-dependent uses. are also allowed.
This future land use category shall consist only of harbor areas capable of
accommodating vessels of fifteen (15) foot draft. together with contiguous Tier III
upland areas.
Policv 101.4.19
To comply with the mandate of Rule 9J-5.006(4)(c) F.A.C.. which requires an
appropriate mix of residential and nonresidential uses. and to preserve
commercial working waterfront uses. the following mix of uses shall be required
in the Deep Port Harbor future land use category:
No less than forty percent (40%) of the upland area of each parcel 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.
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.
* * *
2
5/26/2009
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards tor the future land
use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 -
I 01.4.~: [9J-5.006(3)(c)7].
Future Land Use Densities and Intensities
Future Land Use Allocated Density (per Maximum Net Density Maximum
Category And acre) (per buildable acre) Intensity (floor
Corresponding area ratio)
Zonine
Agriculture (A) Odu N/A 0.20-0.25
(no directly o uni ts/ spaces N/A
corresponding zoning)
Airport (AD) o du N/A 0.10
(AD zoning) o units/spaces N/A
Conservation (C) o du N/A 0.05
(CD zoning) o units/spaces N/A
Deep Port Harbor 1 du (market rate) 2 du (market rate) 0.35-0.60
(0 PH) 5 du (affordab I el 7 du ( affordable/
(DPH zoning) employee ) employee)
6 units 12 units
Education (E) o du N/A 0.30
(no directly o uni ts/ spaces N/A
corresponding zoning)
Industrial (I) 1 du 2 du 0.25-0.60
(I and MI zoning) o units/spaces N/A
Institutional (INS) Odu N/A 0.25-0.40
(no directly 3-15 units/spaces 6-24 units/spaces
corresponding zoning)
Mainland Native 0.01 du N/A 0.10
(MN) (MN zoning) o units/spaces N/A
Military (M) 6 du 12 du 0.30-0.50
(MF zonin~) 1 0 uni ts/ spaces 20 units/spaces
Mixed 1-6 du 6-18 d u 0.10-0.45
U se/Commerc:ial 5-15 units/spaces 10-25 units/spaces
(MC)(g)
(SC, UC, DR, RV, and
MU zoning)
Mixed Approx. 3-8 du 12 du 0.25-0.40
I Use/Commercial o units/spaces o units/spaces
Fishing (MCF)(g)
(CFA, CFV(c)., CFSD
zoning)
3
5/26/2009
Public Facilities (PF) o du N/A O. I 0-0.30
(no directly o units/spaces N/A
corresponding zoning)
Public o du N/A 0.10-0.30
Buildings/Grounds o units/spaces N/A
(PB)
(no directly
corresponding zoning)
Recreation (R) 0.25 du N/A 0.20
(PR zoning) 2 units/spaces N/A
Residential 0-0.25 du N/A 0-0.10
Conservation (RC) o units/spaces N/A
(OS and N A zoning)
Residential Low (RL) 0.25-0.50 du 5 du 0.20-0.25
(SS(d), SR, and SR-L o uni ts/ spaces N/A
zoning)
Residential t\.1edium approx. 0.5-8 du (1 N/A 0
(RM) dullot) N/A
(IS zoning) o uni ts/ spaces
Residential High (RH) approx. 3-16 du (1-2 12 du 0
(IS-D(e), URM(e), and du/lot) 20 units/spaces
UR( t) zoning) 10 units/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 1 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 55 district.
(e) The allocated density for I5-D and URM zoning shall be 2 and I dwelling units per lot, respectively and the
maximum net density bonuses shall not be available.
(0 The maximum net density for the UR district shall be 25 tor 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.
I
* * *
4
5/26/2009
Goal 212
Monroe County shall pnonttze 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)I,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 shall meet the following:
I. 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)I,2,3 and 8; 9J-5.013(2)(c)1 and 6]
***
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)I,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). Applicants wishing to construct such structures over or
adjacent to privately owned submerged land within boat basins and semi-enclosed
water bodies may be exempt from the following requirements should the
applicant demonstrate that the proposal will not have a negative impact on
community character. and navigation. to the satisfaction of the Planning Director.
prior to approval. The applicant must also obtain the necessary permits from
applicable state and federal agencies.
5
5/2612009
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. [91-5.012(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. mannas;
6. boat ramps;
7. public docks;
8. fishing piers; and
9. traditional shoreline fishing areas. [91-5.012(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;
6
5/26/2009
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)].
*****
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 iOf 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.
Policv 219.1.1
The County shall 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 bv 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 boatvards and other maritime service
facilities. and encourage the maintenance and enhancement of water-
dependent support facilities.
3. Support programs that provide historical and educational information and
training in the marine and commercial fishing industries.
4. Support mixed use development adiacent to marinas which provides a
range of services and activities. including restaurants, shops. and other
activities for residents and visitors.
7
5/26/2009
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.
6. Establish that non-conforming structures that are lawfully established and
located on upland areas within the Deep Port Harbor and Mixed
Use/Commercial Fishing future land use categories may be rebuilt or
substantially improved if damaged or destroyed. provided that they are
rebuilt or substantially improved within the confines of the preexisting
use. building footprint and configuration without increase in density or
intensity of use. consistent with flood plain management criteria.
7. Protect nonresidential square footage within the Deep Port Harbor future
land use category through the entitlement to NROGO exempt
redevelopment of lawfully established square footage.
8. 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.
9. Provide opportunities for and encourage development agreements and
inter-local agreements governing the use of public and private waterfront
lands which promote the goals. objectives and oolicies of the
Comprehensive Plan.
10. Establish that the development or redevelopment of hotel/motel facilities
comprised of 10 or more units shall require comoliance with the
inclusionarv housing requirements.
Policv 219.l.2
The strategy to protect and enhance recreational and commercial working
waterfronts shall include the following actions:
1. Except in the Residential High and Residential Medium future land use
categories. priority for shoreline development shall be given to water-
dependent uses. In order to prevent the loss of existing commercial
waterfront area to exclusive residential use. no approval for conversion
from a working waterfront use may be issued for permanent residential
uses. excluding employee/affordable housing. along any waterfront area
which maintains at least four (4) foot deoth at mean low water at the
shoreline. However. water dependent facilities. including hotels that
provide public boating access. may be constructed along the waterfront on
8
5/26/2009
any parcel that provides commercial. recreational and/or public boating
access to marine and coastal waters.
2. Public/private investment for property preservation. either through
purchase of property or purchase of the development rights to the
property.
3. The County shall provide land use density bonuses to encourage
development that provides public water access. and that encourage
preservation or expansion of recreational and commercial working
waterfronts. The bonus program shall include the following tiered
incenti Yes for properties located within the Deep Port Harbor.
Commercial Fishing (including special districts). and the Mixed Use land
use districts. with a development agreement between Monroe County and
the applicant:
a. Properties with a principal use of commercial fishin!Z or boatyard. and
that provide public access to the waterfront. and preserve 50% of the
upland area for non-residential working waterfront uses shall calculate
density between allocated and max net allowances for residential and
transient residential uses as follows:
Hotel/Motel Residential
Deco Port Harbor: 9 units! buildable acre 1.5 units/buildable acre
Mixed Use: 12.5 units/buildable acre 6.5 units/buildable acre
Comm. Fishing: nla 7.5 units/buildable acre
b. Properties with a principal use of commercial fishing or boatyard. and
that provide public access to the waterfront. and preserve 600/0 of the
upland area for non-residential working waterfront uses shall calculate
density based on max net allowances for residential and transient
residential uses.
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
prof,'Tam helps participating communities develop a plan to revitalize,
renew and promote interest in their waterfront districts;
9
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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, NOAN Florida Keys National Marine Sanctuary,
Everglades National Park, Biscayne National Park, and Florida Sea
Grant.
****
Objective 219.2
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.
10
5/26/2009
A TT ACHMENT B
WORKING WATERFRONT
DRAFT COMPREHENSIVE PLAN AMENDMENTS
DATA AND ANALYSIS REVIEW
Policv 101.4.18
The principal purpose of the Deep Port Harbor future land use category is to provide for
the development and redevelopment of areas suitable for water-de-pendent port and
maritime uses such as seaport. marina. boatyard. commercial fishing. watercraft/vessel
repair, and water-dependent manufacturing and service. Port uses include recreational
and commercial working waterfront uses. Other commercial. public. park. utilities and
transient residential uses are allowed. Permanent market rate residential. as well as
employee housing and workforce housing that are accessory to -principal water-dependent
uses. are also allowed. This future land use category shall consist only of harbor areas
capable of accommodating vessels of fifteen (15) foot draft. together with contiguous
Tier III upland areas.
Staff Comments:
This policy provides a clear definition of the new Deep Port Harbor future land use
category. This new category recognizes the unique characteristics of deep port harbors
in the County and provides specialized development criteria, regulations and incentives in
order to preserve and enhance working waterfronts and other water dependent uses.
Policv 101.4.19
To comply with the mandate of Rule 9J-5.006(4)(c) F.A.C.. which requires an
appropriate mix of residential and non-residential uses. and to preserve commercial
working waterfront uses. the following mix of uses shall be required in the Deep Port
Harbor future land use category:
No less than forty percent (40%) of the upland area of each parcel shall be developed
with non-residential working waterfront uses or port facilities. as defined in F.S. Sec.
315.02(6) and 342.07. including but not limited to docks. commercial fishing facilities.
commercial seafood facilities. trap storage. shipping. facilities to serve ocean-going
vessels. marine research. boat maintenance and repair. and marine transportation
faciIitie~.
Staff Comments:
The purpose of this policy is to allow an appropriate mix of uses and establish the
percentage distribution among the mix of uses, as described in Rule 9J-5.006(4)(c),
5/26/2009
which will be effective in preserving traditional commercial working waterfront uses
while concurrently providing for other water related and residential uses. This is to be
acconlplished by requiring 40% or more of each parcel within the Deep Port Harbor
future land use category to be dedicated to non-residential working waterfront uses,
which include: docks~ commercial fishing facilities; commercial seafood facilities; trap
storage; shipping; facilities to serve ocean-going vessels; marine research; boat storage,
maintenance and repair; and marine transportation facilities. Transient uses such as hotels
and motels, affordable housing, restaurants, and retail uses would not be considered to
satisfy the 40% requirement. Staff recommends the ratio of 40%. A higher percentage
could result in undue hardship to private property owners wishing to derive greater
benefit from their property.
This policy may be applied in an example. If a parcel with 10 acres of upland area were
proposed for redevelopment after the effective date of this ordinance, a minimum of 4
acres of upland area on the subject parcel must be dedicated, through deed restriction in
perpetuity, to non-residential working waterfront uses. Expanding this policy to
detemline district wide impact we conclude that the proposed Deep Port Harbor future
land use category consists of approximately 57.33 acres of upland, with a total of 117.91
acres (See Attached Map) which would, following complete redevelopment, facilitate a
minimum of 22.9 acres being dedicated to non-residential working waterfront uses as
defined above.
Policy t 01.4.2 t
Future Land Use Densities and Intensities
Future Land Use Allocated Density (per Maximum Net Density Maximum
Category And acre) (per buildable acre) Intensity (floor
Corresponding area ratio)
Zonin2
Deep Port Harbor I du (market rate) 2 du (market rate) 0.35-0.60
(DPH) 5 d u (affordab I e/ 7 du (affordable/
(OPH zoning) employee ) employee)
6 units 12 units
Staff Comments:
This policy establishes the density and intensity for the proposed Deep Port Harbor future
land use category. The three (3) types of density allowed in this proposed category are
non-residential (commercial, office, etc), residential (market rate and affordable) and
transient residential uses (hotel/motel).
Non-residential Development:
This policy allows floor area ratios of 0.35-0.60, dependent on the proposed use. The
correct ratio will be regulated through the Land Development Regulations which will
allow a higher ratio for working waterfront uses over more traditional non-residential and
commercial retail uses. Presently the development of new non-residential square footage
2
5/26/2009
within unincorporated Monroe County is re!:,JUlated through the County's Non-residential
Rate of Growth Ordinance (NROGO). NROGO establishes a competitive process by
which an applicant must compete for available square footage as released annually by the
Board of County Commissioners. This ordinance limits the total amount of square
footage available to anyone project to 2500 square feet in anyone allocation period. The
ordinance further controls new non-residential development by awarding allocations
twice annually. The County also maintains a maximum building size of 10,000 square
feet for non-residential development in land use districts other than Urban Commercial.
Table 1 below illustrates a small scale example of non-residential development potential
utilizing the proposed intensities. Table 2 depicts the maximum non-residential
development potential associated with this proposed future land use category using the
proposed intensities. Redevelopment of existing legally established non-residential
square: footage would be allowed utilizing the proposed intensities.
Residential Development:
This policy establishes a very low density (1 per acre) for market rate residential and an
average density for affordable housing units (5 per acre) as compared to that allowed in
other future land use categories. The development of new residential, both market rate
and affordable housing, is regulated through the County's Rate of Growth Ordinance
(ROGO). This ordinance established a competitive process by which applicants compete
for the annual allocation of 197 new units in unincorporated Monroe County. Of the total
197, 71 annual allocations are reserved for affordable housing units and 57 annual
allocations are reserved for market rate allocations in the unincorporated Lower Keys
(with the exception of Big Pine and No Name Keys). Redevelopment of legally existing
residential uses will be allowed utilizing the proposed densities. Any proposed new
development beyond the proposed densities will not be permitted. Table 1 below
illustrates a small scale example of residential (market rate and affordable housing)
development potential utilizing the proposed densities. Table 2 depicts the Inaximum
residential (market rate and affordable housing) development potential associated with
this proposed future land use category using the proposed densities.
Hotel/Motel Development:
This policy establishes an allowable density for hotel/motel uses of 6 units per acre. This
density is slightly lower than the average of eight (8) units per acre for those districts
which allow hotel/motel. The policy also establishes a Maximum Net Density of 12
hotel/motel units per acre, which is less than the maximum currently allowed in some
districts of 15 units per acre. The County currently prohibits new hotel/motel room
development. This type of development can occur through transfer of such units in
accordance with Section 138-22 Type of Development not Affected. This section of the
Land Development Code establishes a procedure for transfer of hotel units from one
location to another provided certain criteria are met. One of these criteria is that the
transfer be accomplished within the same ROGO sub-area. Monroe County could
establish interlocal agreements with the municipalities to facilitate transfer across
jurisdictional lines for such units. Redevelopment of legally established hotel/motel units
would be allowed pursuant to the proposed density for such uses. Development
proposals for hotel/motel units accomplished through transfer or redevelopment will be
subject to a new conversion ratio for such units. This definition will be added to the
3
5/26/2009
definitions section of the Land Development Regulations as part of the implementation of
this comprehensive plan amendment. Table I below illustrates a small scale example of
hotel/motel development potential utilizing the proposed densities. Table 2 depicts the
maximum hotel/motel development potential associated with this proposed future land
use category using the proposed densities.
Within a 10-acre upland parcel designated Deep Port Harbor, the following would be
allowed:
T able I
Non-residential Uses (i.e.
commercial retail/ office/
industrial)
Hotel Units
Affordable Housing
0.35-0.60
10 total acres
152A60 to 261/360
6 units / acre
5 units / acre
10 total acres
10 total acres
60 units
50 units
The df:nsity and intensity provisions are intended to be applied cumulatively so that no
development shall exceed the total density limits. For example, if a development includes
both n:sidential and non-redevelopment, the total gross amount of development shall not
exceed the cumulated permitted intensity of the parcel proposed for development. The
following illustrates the intent:
The developer owns a 10-acre parcel of upland in the Deep Port Harbor future land use
category. The developer may build 60 hotel units or 50 affordable housing units or
152,460 square feet of non-residential floor area; or he may develop any combination of
these uses provided that he does not exceed the total density. For example, the developer
could build 20 hotel units (one-third of the allowed density for hotels), 16 affordable
housing units (one-third of the allowed density for permanent housing), and 50,311
square feet of non-residential floor area (one-third of the allowed density for non-
residential floor area) for a total land use intensity of 100%; but could not develop 60
hotel units (100% of the allowed density for residential uses) and any other use.
It is important to note, however, that density bonuses, such as those permitted within
existing policies and those proposed in following policies such as 219.1.2 would allow
additional development and/or separate calculation.
Within the 57.33 acres of upland area to be designated Deep Port Harbor, the following
would be allowed:
Table 2
4
5/26/2009
Non-residential Uses (i.e.
commercial retail, office,
industrial)
Hotel Units
Affordable Housing
0.35-0.60
57.33 total acres
874,053 to 1,498,377
6 units / acre
5 units / acre
57.33 total acres
57.33 total acres
343 units
286 units
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). Applicants wishing to construct such structures over or adiacent to privately
owned submerged land within boat basins and semi-enclosed water bodies may be
exempt from the followin2 requirements should the applicant demonstrate that the
proposal will not have a negative impact on communi tv character and navigation. to the
satisfaction of the Planning Director. prior to approval. The applicant must also obtain the
necessary permits from applicable state and federal agencies.
Staff Comments:
The amendment would allow an applicant proposing to construct structures over
submerged lands owned by the adjacent upland owner within harbor areas, such as boat
basins and semi-enclosed water bodies, to be exempt from the following requirements:
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 1 OOfeetfrom the mean low water line,'
2. The length ofdocks shall not exceed ten (10) percent of the width of
the waterbody as measured laterally across the li'aterbody from the
proposed location of placement and from the point of mean low water
to the opposing point of mean low water (exception to this shall be
made in cases where adequate depth at the terminal end of the dock
pursuant to Policies 212.5.2 and 212.5.3 is not available; in such
cases the dock may be shortened only enough to allow the centerline of
an average width vessel to lie in four feet ofwater at mean low water),'
3. No dock together with a moored boat shall preempt more than tlventy-
five (25) percent of the navigable portion ofa man-made waterbody.
This should allowfor a structure built over l-vater on either side of the
waterbody to have a moored boat and room for free passage of two
boats down the center of the waterbody;
4. All fishing, sl1'imming, and other piers and observation decks shall
conform to design criteria to be adopted in the Land Development
Regulations V1'hich prohibit their use as a dock.
To qualifY for the exemption offered above any application for a structure over or
adjacent: to privately owned submerged land within a harbor area must include an existing
conditions analysis and map that describes all existing and adjacent uses within the
5
5/26/2009
subject property. The applicant must then demonstrate that all onsite and offsite impacts
of the proposed structures over or adjacent to the water will not affect or change the
character of the existing site or the surrounding area. The applicant must also obtain the
necessary permits from applicable state and federal agencies to demonstrate that there
would be no resultant obstruction to navigation. These two (2) eligibility requirements
will ensure both compatibility with community character and continued adherence to
navigable standards. The burden of proof for eligibility shall be borne by the applicant to
the satisfaction of the Planning Director,
219.1.1
6. Establish that non-conforming structures that are lawfully established and located on
upland areas within the Deep Port Harbor and Mixed Use/Commercial Fishing future
land use categories may be rebuilt or substantially improved if damaged or destroyed.
provided that they are rebuilt or substantially improved within the confines of the
~existing use, building footvrint and configuration without increase in density or
intensity of use, consistent with flood plain management criteria.
Staff Comments:
Within the area proposed for the Deep Port Harbor future land use category and the
existing Commercial Fishing future land use category are many structures associated with
working waterfront uses which do not conform to Monroe County Code. Specifically
structures in these districts do not conform to shoreline setbacks in many instances. This
policy allows for these structures to be replaced if destroyed or redeveloped if the non-
conformity is not increased. This will remove a disincentive to redevelopment of such
uses and help to facilitate needed structural improvements throughout these areas of the
County.
7. Protect non-residential square footage within the Deep Port Harbor future land use
category through the entitlement to NROGO exempt redevelopment of lawfully
established square footage.
Staff Comments:
Historically the uses within the area to be designated as the Deep Port Harbor future land
use category were industrial or commercial fishing in nature. Monroe County Code
provides an exemption from NROGO for such structures if the use is industrial. This
existing provision removes the burden and disincentive associated with the competition
and development delay inherent in NROGO. This same provision would require an
applicant wishing to convert or change the use of any such legally existing structure to
any other use to first receive allocations through NROGO for the existing square footage
of the building. Currently the definition of a working waterfront use has been expanded
by the Florida Legislature. This proposed policy would extend the NROGO exemption to
all legally existing structures regardless of use within these two (2) future land use
categories which are dedicated to the expanded definition of working waterfront uses.
This policy will remove a disincentive to redevelopment of such uses and help to
facilitate needed structural improvements throughout these areas of the County.
6
5/26/2009
8. 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.
Staff Comments:
This policy allows an applicant to reduce the area of the site proposed for development
consumed by parking. This is accomplished through a community parking model which
facilitates shared use parking. The applicant would be allowed to meet the parking
requirement through offsite shared parking located within the defined acceptable walking
distance of no more than one half mile. Applicants choosing to utilize this policy shall
include with a proposal for development a community wide (one half mile or less radius
from proposed development location) parking analysis that identities intended shared
parking facilities and methods of mass transit available from those locations. Mass
transit can include a water based transportation facility which refers to a passenger
service such as a water taxi or ferry. This policy eliminates another disincentive to the
redevelopment of properties with very little land area due to their proximity to the water.
10. Establish that the development or redevelopment of hotel/motel facilities comprised
of 10 or more units shall require compliance with the inclusionary housing
requirements.
Staff Comments:
According to the Study of Monroe County Tourism Workforce prepared by Monroe
County Tourist Development Council (August 2006), The majority of tourism workers
who plan to leave the Keys will do so because of the cost of housing here in the Keys
(40% current home cost, 56% current rent cost, 51% cost of market rate housing) and the
enticement of lo}ver cost housing elsewhere (51.7%). In grouping tourism workers by
hosing costs, as housing cost-burden increasing, so does the likelihood the tourism
worker will leave the Keys. Tourism workers who are severely housing cost burdened
were most likely to leave the Keys (43%). Tourism workers can be influenced to remain
in the Keys (f their housing situation changes.
This amendment requires the provision of onsite affordable housing associated with
transient uses, which includes hotels and motels, to attract and retain a stable tourism
workforce. This policy will be implemented through an amendment to the Land
Development Regulations stipulating a percentage of affordable housing units which
must b(~ constructed based on the total number of hotel/motel units proposed. Staff is
currently reviewing industry standards for hotel/motel employee to room ratios and at the
same tiJne considering the Workforce Housing Support Study prepared October 2006 for
the City of Marathon as well as a similar study for the Village of Islamorada.
Policv 219.1.2
7
5/26/2009
Staff Comments
The above policy creates a density/intensity bonus program to incentivize the
preservation of working waterfront uses. This is the cornerstone of any preservation
ordinance. Bonuses provide incentives that result in the provision of a public benefit in
exchange for an increase of density and/or intensity of use. The above proposed bonus
program is based in format and in concept on model policy language provided in the
Florida Department of Community Affairs' Draft Model Comprehensive Plan
Amendment with Policy Options which was provided to local governments to assist with
the development of working waterfront preservation amendments. This model ordinance
is available upon request from the Department of Community Affairs.
Pursuant to paragraph "a" above, this policy will allow an increase of hotel and
residential units rooms half way between allocated density and maximum net density in
exchange for the preservation of 500/0 of the upland area for non-residential working front
uses. This would be accomplished through a recorded deed restriction that dedicates in
perpetuity 50% or more of the upland area for commercial working waterfront uses. This
bonus language mirrors that of the requirement for parcels located in the Deep Port
Harbor future land use category.
Pursuant to paragraph "b" above, this policy will allow the application of maximum net
density for the number of hotel and residential units in exchange for the preservation of
60% of the upland area for non-residential working front uses. This would be
accomplished through a recorded deed restriction that dedicates in perpetuity 600/0 or
more of the upland area for commercial working waterfront uses. This bonus language
8
5/26/2009
mirrors that of the requirement for parcels located in the Deep Port Harbor future land
use category.
In general these bonuses are optional for applicants to strive for, and in return for the
awarded density bonuses the citizens receive the public benefit of expanded or new
public access to the waterfront and guaranteed working waterfront use preservation.
These bonuses are available to applicants throughout Monroe County without
consideration of land use district or sub area.
When analyzing the effect of these two (2) bonuses, we first must reconsider the
restrictions currently in place for these two (2) types of uses. New transient development
is prohibited. This will require any density achieved through a bonus pro!,Tfam be
realized through transfer of existing transient stock and will not result in a net transient
unit increase throughout Monroe County.
Tables 3, 4 and 5 below illustrate examples of the effect of the tiered bonus program on
the development potential of a 10-acre parcel utilizing the proposed densities in the Deep
Port Harbor future land use category and the existing densities for the Mixed
Use/Commercial (MC) and Mixed Use/Commercial Fishing (MCF) future land use
categories.
Bonus 1 in the tables below refers to proposed Policy 219.1.23. a.:
Properties with a principal use of commercial fishing or boatyard, and that
provide public access to the waterfront, and preserve 50% of the upland area for
non-residential working waterfront uses shall calculate density between allocated
and max net allowances for residential and transient residential uses as follows:
Hotel/Motel Residential
9 units/ buildable acre 1.5 unitslbuildable acre
12.5 units/ buildable acre 6.5 unitslbuildable acre
n/a 7.5 unitslbuildable acre
Deep Port Harbor:
Mixed Use:
Comm. Fishing:
Bonus 2 in the tables below refers to proposed Policy 219.1.2 3. b.:
Properties with a principal use of commercial fishing or boatyard, and that
provide public access to the waterfront, and preserve 600/0 of the upland area for
non-residential working waterfront uses shall calculate density based on max net
allowances for residential and transient residential uses.
9
5/26/2009
Market-Rate
Housing
acre
7 units/
buildable
acre ...
... Assuming a 20 percent open space ratio
Affordable housing is already permitted in the land development regulations to be built to max net
density without TDR's (per Sec. 130-l61(a)(2)
10 acres
(8 buildable
acres)*
10 acres'"
(8 buildable
acr.~s)*u.
10 acres
(8 buildable
acres) *
9 units/ 12 units/
6 units/ acre 60 units buildable 72 units buildable 96 units
acre acre
1.5 units/ 2 units/
1 unit! acre 10 units buildable 12 units buildable 16 units
Hotel Units
Affordable
Housing
5 units/
acre.
50 units
56 units
acre
7 units /
buildable
56 units
acre
UNote:
10 acres 5-15 units/ 50-150 12.5 units/ 10-25 units/ 80-200
Hotel Units (8 buildable buildable 100 units buildable
acres)* acre units units
acre acre
Market-Rate 10 acres 1-6 units/ 10-60 6.5 units/ 6-18 units/ 48-144
(8 buildable buildable 52 units buildable
Housing acres)* acre units units
acre acre
. Affordable 10 acres 1-6 units/ 10-60 6-18 units/ 48-144 6-18 units / 48-144
Housing (8 buildable acre * units buildable units buildable units
ac~~s)~ acre* acre
* Assuming a 20 percent open space ratio
... Note: Affordable housing is already permitted in the land development regulations to be built to max net
density without TDR's (per Sec. 130-161(a)(2)
10 acres Not
Hotel Units (8 buildable permitted n/a n/a n/a n/a n/a
acres)*
Market-Rate 10 acres 3-8 units/ 30-80 7.5 units/ 12 units/
(8 buildable buildable 60 units buildable 96 units
Housing acres) ... acre units
acre acre
Affordable 10 acres 3-8 units/ 30-80 12 units/ 12 units /
Housing (8 buildable acre · units ... buildable 96 units buildable 96 units
acres) ... acre* acre
... Assuming a 20 percent open space ratio
... Note: Affordable housing is already permitted in the land development regulations to be built to max net
density without TDR's (per Sec. 130-161 (a)(2)
10
5/26/2009
Table 6 illustrates the cumulative impact from this amendment on the area of land
proposed for the Deep Port Harbor future land use category:
Table 6 (Deep Port Harbor)
Commercial 0.35-0.60 57.33 acres 874,053 to o to 100%
Retail Low 1,498,377
Commercial 0.35-0.60 57.33 acres 874,053 to o to 100%
Retail Medium 1~.:l9.~!?77
Commercial 0.35-0.60 57.33 acres 874,053 to o to 100%
Retail High 1,498,}77
Office 0.35-0.60 57.33 acres 874,053 to o to 100%
.}~~9.~,~?!.
Institutional 0.35-0.60 57.33 acres 874,053 to o to 100%
. .. .... }'.:l9.8~.~?!m
Public 0.35-0.60 57.33 acres 874,053 to o to 100%
Pm. ... ..~'...:l9..~,~??
Commercial 0.35-0.60 57.33 acres 874,053 to o to 100%
Fi~~irl~ 1,498,377
Light Industrial 0.35-0.60 57.33 acres 874,053 to o to 100%
1,498,377
Hotel/Motel 12 units/buildable 57.33 acres
(45.9 550 units o to 100%
Units acre buildable)'"
Market-Rate 2 units/buildable 57.33 acres
(45.9 91 units o to 100%
Housing acre buildable)'"
Affordable 7 units/buildable 57.33 acres
(45.9 321 units o to 100%
Housing acre build~ble)*
Cumulative Total Not to exceed
100%
* Assuming there will be a 20 percent open space ratio
Table 6 does not consider existing constraints on development that limit actual available
density/ intensity within the district. For example, it is not possible to achieve 550
hotelj nlotel units if only 50% of the building area is available for non-working
waterfront uses. Only 225 hotel! motel units would be available to be constructed.
While any combination of uses within the categories of residential and non-residential is
possible, it is not possible to exceed 100% density for the site.
I I
5/26/2009
Transient Redevelopment Implementation:
New transient development is prohibited in Monroe County. Recognizing the
allowance within the proposed amendment for transient development the BOCC has
requested that the policy governing redevelopment and transfer of existing transient
uses be revised and updated to be both more flexible and clear.
Based on the comments from both the DCA and the BaCC regarding the current
language governing transient uses staff has modified the proposed amendment to change
from a room/unit nomenclature to a more understandable unitlbedroom system. This is
applied through one (I) unit consisting of some number of bedrooms. A unit is the
overarching term. This change is reflected in the proposed density chart found in policy
101.4.2] and shown above.
The other area of concern for both the DCA and the BaCC is the current definition of a
hotel room. The definition itself is sound. However, it includes the method by which a
single one (1) room unit may be converted into a suite type configuration with multiple
bedrooms. The current definition reads as follows:
Room, hotel or motel, means a unit in a public lodging establishment as defined
by Florida Statutes section 509.013(4)(a) intended for transient lodging only for
periods not exceeding thirty (30) days. Transient occupancy shall conform to the
definition contained in Florida Statutes section 509.013(8) as to transient
occupancy. For the purposes of density restriction under this chapter:
(a) Hotel or motel room may be a single room or a suite and may include
a kitchenette but no more than one and one-half (1 1/2) bathrooms
and one (1) bedroom and one (1) other living area;
(b) All entrances to a hotel or motel room shall share the same key or
means of controlling access so that the hotel or motel room as
defined herein is not divisible into separately rentable units; and
(c) Suites containing more than one (1) bedroom and one and one-half
(1 1/2) baths may be constructed; however, each bedroom/bath
combination shall be considered a hotel/motel unit.
Pursuant to the direction of the BaCC, staff has researched hotel room conversion
models utilized by Keys municipalities and determined that the Marathon model is the
most logistically sound and provides an effective basis on which to develop the County's
model. The Marathon model is based on a traffic study that finds each additional
bedroom in a transient unit beyond one (I) unit represents an increase in traffic impact of
seven (7%) percent. The City of Marathon has adopted a policy that allows the
conversion from one (1) bedroom unit to two (2) bedroom units with a 10% reduction
and three (3) bedroom units with 15% reduction in the total number of allowable units.
Staff is recommending that Monroe County use a similar approach by amending (c) of
the current definition of hotel or motel unit, as stated above, and provide a conversion
12
5/26/2009
system similar to the City of Marathon to be located in the land use density section of the
Land Development Code.
For example, 100 I-bedroom units would be equivalent to 90 2-bedroom units or 85 3-
bedroom units. This provides a clear standard for the development and redevelopment of
hotel/motel units within DPH designated lands as well as other areas of Monroe County.
Following approval of this methodology by the Bacc staff will begin processing a
transient amendment package which will address the moratorium on new transient uses as
well as implement the above changes to both the Comprehensive Plan and the Land
Development Regulations.
13
5/26/2009
Jerry Coleman, Esq.
TEL 305-292-3095
j erry@jerrycolemanpl.net
JERRY COLEMAN, P.L.
201 Front Street, Suite 203
Key West, Florida 33040
Truman Annex
Building 21 Second Floor
FAX 305-296-6200
(Admitted Florida and New York)
Legal Assistant: bruce@jerrycolemanp1.net
MEMORANDUM
TO:
Monroe County Board of County Commissioners
FROM:
Jerry Coleman, Esq.
For ROBBIE'S SAFE HARBOR MARINA, INC. ("Robbie's")
COPY:
Andrew O. Trivette (Trivette-Andrew@monroecounty-fl.gov)
Division Director of Growth Management, Monroe County
DATE:
June 2, 2009
SUBJECT:
08/01 MONROE COUNTY COMPREHENSIVE PLAN
REVISED REMEDIAL AMENDMENT PROPOSAL
We subrnit this memorandum as additional and supplemental public comment on Amendment
08/01 on behalf of a directly and materially affected real property owner, Robbie's.
The May 22, 2009 staff Memorandum to County Growth Management Director Andrew
Orner Trivette's states in the second sentence on page 1 "The amendment proposes to promote
the pres{~rvation of traditional working waterfront uses on DPH through the implementation of
incentiv{:s and bonuses."
The Bert J Harris, Jr. Private Property Rights Protection Act L9 70.001 (2), F. S] states:
"When a specific action of a governmental entity has inordinately
burdened an existing use of real property or a vested right to a
specific use of real property, the property owner of that real
property is entitled to relief, which may include compensation for
the actual loss to the fair market value of the real property caused
by the action of government, as provided in this section."
The Waterfronts Florida Program L9 342.201, F.S] and Recreational and commercial
working waterfronts; legislative findings L9' 342.07, F.S], which Growth Management Director
t.3
Trivette refers to in his May 22, 2009 Memorandum to County Administrator Gastesi, are short
statutes and provide only:
As to Waterfronts Florida Program [s 342.201), F.S}:
· The statute establishes a " Waterfronts Florida Program"
within the DCA "to provide technical assistance and support
to communities in revitalizing waterfront areas in this state."
[s 342.201 (1), F.S}; and
· An unambiguous statement that it authorizes no local
jurisdictions to 'require' any existing property owner to give
up existing codified property use rights for any reason
because the "The purpose of this program is to provide
technical assistance, support, training, and financial
assistance to waterfront communities in their efforts to
revitalize waterfront areas. e program shall direct its efforts
on the following priority concerns:
o (a) Protecting environmental and cultural resources;
o (b) Providing public access;
o (c) Mitigating hazards; and
o (d) Enhancing the viable traditional economy.
[s 342.201 (3), F.S}
As to Recreational and commercial working waterfronts; legislative findings [s 342.07,
F.S]:
· The statute recognizes the important state interest and needs for
working waterfronts [s 342.07(1), F.S]; and
· The statute defines for the purposes of the statute a definition for
'recreational and commercial working waterfront [s 342.07(21),
F.S] ':
o "As used in this section, the term 'recreational and
commercial working waterfront' means a parcel or
parcels of real property that provide access for water-
dependent commercial activities, including hotels
and motels as defined in s. 509.242(1), or provide
access for the public to the navigable waters of the
state. Recreational and commercial working
waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The
term includes water-dependent facilities that are open
2
to the public and offer public access by vessels to the
waters of the state or that are support facilities for
recreational, commercial, research, or governmental
vessels. These facilities include public lodging
establishments, docks, wharfs, lifts, wet and dry
marinas, boat ramps, boat hauling and repair
facilities, commercial fishing facilities, boat
construction facilities, and other support structures
over the water. As used in this section, the term
'vessel' has the same meaning as in s. 327.02(39).
Seaports are excluded from the definition.
Neither of these only two 'working waterfront' statute authorizes much less requires a
local government, including Monroe County, to impose any new requirement whatsoever
on any property owner to use, develop or redevelop her or his property in accordance with
the propl~rty owner's rights as they currently exist.
Growth Management Director Trivette, again in his May 22, 2009 Memorandum to
County Administrator Gastesi, states that the foregoing 'working waterfronts' statutes "instigated
an amendment' to the Required and optional elements of comprehensive plan; studies and
surveys ~~ 163.3177, F.S}, and the Coastal management [s 163.3178, F.S} sections of Florida's
comprehensive planning statutes. The provisions he cites to are as follows:
As to Required and optional elements of comprehensive plan; studies and surveys S
163.3177, F.S} the large paragraph "(6) (a) " of the statute contains only this pertinent line:
· "For coastal counties, the future land use element must include, without
limitation, regulatory incentives and criteria that encourage the
preservation of recreational and commercial working waterfronts as
defined in s. 342.07."
As to Coastal management [s 163.3178, F.S} short paragraph "(2) (g) " of the statute states:
· "A shoreline use component that identifies public access to beach and
shoreline areas and addresses the need for water-dependent and water-
related facilities, including marinas, along shoreline areas. Such
component must include the strategies that will be used to preserve
recreational and commercial working waterfronts as defined in s.
342.07."
These are the laws of Florida that matter with this proposed amendment. The proposed
amendment itself and the staff memoranda recommending your adoption of it as is uses the word
"requires" or "requirement" or 'required" as applied to existing DPH landowners numerous
times and clearly intends to impose requirements and restrictions and even giving up existing
redevelopment rights of Robbie's and others claiming, incorrectly, that the whole of the proposal
3
is 'incentive-based'. The proposed amendment is also inconsistent in not addressing as I recall
the majority of this Board requesting that it do the implications of redevelopment potential and
existing and future infrastructure concurrency needs and constraints for the full future DPH
redevelopment potential under the propose amendment (including among the needs
transportation capacity among them), and provision of a methodology for equitable distribution
of realizable DPH redevelopment potential among the various parcel owners. This has not been
addressed at all.
Robbie's objects to the proposed amendment unless and until these important factors are
adequately and fairly addressed within the amendment itself. We have not been asked to provide
any imput or included in any meetings or stakeholder conferences with staff and others at all,
though it is known that we are available and willing to work with staff and the actively planning
redevelopment groups who may have been provided such an opportunity.
We request that action on this proposal be continued until such meetings and conferring
have had a real chance to bear fruit.
4