Item J01C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: J.1
Agenda Item Summary #4188
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
11:00 A.M.
AGENDA ITEM WORDING: Discussion and direction regarding consideration of establishing a
Slow Speed /Minimum Wake boating restricted area for the entirety of the Duck Key canal system
and associated boat basins.
ITEM BACKGROUND: At the January 17, 2018, Board of County Commissioners (Board)
meeting the Board adopted Ordinance 002 -2018 (attached) providing for a slow speed /minimum
wake boating restricted area in all canals less than 75' in width from shoreline to shoreline, based on
the authority provided under F.S. 327.46(1)(b)(2)(c) (attached). The Board chose not to provide
regulatory signage for the boating restricted area, other than at public boat ramps.
Subsequent to the January 2018 adoption of the foregoing countywide boating restricted area for all
canals less than 75' in width from shoreline to shoreline, the Chairperson of the Duck Key Security
District Advisory Board (Chairperson) approached staff with her concerns that the ordinance, due to
the width restriction of 75', may not apply to particular canals and internal boat basins on Duck Key.
The area of greatest interest noted was the eastern -most canal (illustrated below) which larger
commercial/charter boats utilize for ingress /egress to Hawk's Cay Marina. The Chairperson
represented that these larger boats go faster and create a larger wake than recreational vessels
utilizing the canal. Marine Resources staff confirmed with Florida Fish and Wildlife Conservation
Commission (FWC) staff that the slow speed in canals zone does not apply to canals with widths
greater than 75' from shoreline to shoreline, regardless of docks or water depths (the 75'
measurement cannot simply be applied to only the `navigable' part of the canal).
Marine Resources Office staff performed measurements (in GIS) of canal widths throughout the
Duck Key canal system, including the boat basin. The below GIS map shows widths at all Duck Key
canal locations.
Further, the 2016 changes to the policy included the replacement of criterion #2 regarding "the area
to be cleared" and specifying habitat types, with a new criterion #2 that references the adopted Tier
system, detailed in current Policy 105.2.1, which takes into account the presence of habitat and is the
current basis for clearing limits. Throughout the adopted Comprehensive Plan, the Tier system is used
to direct new development away from the most environmentally sensitive areas of the County.
The question has come up as to whether current Policy 106.1.11 applies only to the purchase of vacant
land that has never been developed, or if it also applies to the purchase of developed and /or previously
developed land with either existing housing to be deed restricted as affordable, or previously existing
housing to be redeveloped as affordable housing.
Based on the comparison of Policy 601.1.11 to former Policy 601.1.14, the consistency with current
Comprehensive Plan policies that direct new development away from environmentally sensitive areas
but allow the redevelopment of pre- existing housing, and the use of the word "potential," it is my
interpretation that Policy 601.1.11 only applies to vacant lands that have not been previously
developed with residential dwelling units.
Emily Schemper, Acting Senior Director of Planning & Environmental Resources
ADMINISTRATIVE INTERPRETATION NO: AI -11 -133
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