Item M08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 October 2003 Division: Growth Management
Bulk Item: Yes X No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance amending Chapter 5.5, Boats, Docks and Waterways, to create a No Anchor
Zone in an area locally known as "Varadero Beach," on the bayside of Key Largo.
ITEM BACKGROUND:
For several years now a small cove in Key Largo known as Varadero Beach, located adjacent to a residential
area has been used by boaters to anchor out and party. Boats which anchor in this cove will anchor in close
proximity to shore and very near some of the homes located along this shore. They frequently will play loud
music and will leave garbage and other refuse.
As this is a very small area and the recreational activity is very disruptive to the neighboring homes, a request
was made of the Marine and Port Advisory Committee (MPAC) at its August meeting to make this area a "No
Anchor Zone." After deliberation and a review of photos taken on several weekends, where as many as 60
boats were present, the MPAC agreed that a No Anchor Zone was appropriate and made a recommendation that
the BOCC adopt such a zone.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST: None BUDGETED: Yes No
COST TO COUNTY: None SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT Per Month Year
APPROVED BY: County Atty X O
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION:
J
To Follow
Risk Management
of Growth
Not Required
AGENDA ITEM NO.:
BC031020.doc
09/25/03 3:02 PM
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AMENDING CHAPTER 5.5 MONROE COUNTY
CODE (BOATS, DOCKS, AND WATERWAYS) TO ADD THE
DEFINITION OF A NO ANCHOR ZONE, SEC. 5.5-1, AND MODIFY 5.5-
108 TO PROVIDE FOR NO ANCHOR ZONES AND TO ESTABLISH
VARADERO BEACH AS A NO ANCHOR ZONE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF INCONSISTENT
ORDINANCE CLAUSES, PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE, PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the shallow waters adjacent to the shoreline at what is locally known as
Varadero Beach on the bayside of Key Largo have become inundated with boaters anchoring and
creating a health and safety issue as well as a quality of life issue for the adjacent property
owners; and
WHEREAS, Monroe County owns a parcel on the cove at Varadero Beach which is
impacted by the boating aggregations; and
WHEREAS, the Monroe County Marine and Port Advisory Committee has
recommended to create a `no anchor' zone at Varadero Beach as a means to minimize the
boating impacts, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT the following revision is made to Chapter 5.5,
Monroe County Code:
Section 1 Sec. 5.5-1. Definitions is hereby amended as follows:
0) No Anchor Zone means that no person shall deploy an anchoring device of any kind in any
area spatially defined as a "No Anchor Zone" and which is so identified as a "No Anchor Zone"
by appropriate signage.
[renumber accordingly in code book]
Section 2 Sec. 5.5-108. Boat restricted zones is hereby amended as follows:
(d) No Anchor Zones. No person shall deploy an anchoring device of any kind in the
following areas spatially defined as a "No Anchor Zone".
(1) Varadero Beach: To include an area within three hundred (300) feet of shore along the
cove on the bayside of Key Largo at approximately min 95.6.
[renumber accordingly in code book]
Section 3. 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.
Veradero- no anchor zonc.doc
09/25/03 11:16 AM
Marine Resources
Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 5. The provisions of this Ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall
be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 6. This Ordinance shall be filed with the Office of the Secretary of State of the State
of Florida, and will take effect upon receipt by that agency.
Veradero- no anchor zone.doc
09/25/03 11:16 AM
a-v- r, .— c—....u.vn— ...... ........... --`-_
Marine Resources
PASSED AND ADOPTED by the Hoard of County Commissioners, Monroe County, Florida at
a regular meeting of said Board held on the 19th day of November . A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
M.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
SCO31021 Ord vernroro NA%
09/26fM3 5,04 PM
MAYOR/CHAIR PERSON
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
sYb
AT O OFFICE