Item U7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18. 2005
Division:
Growth Management
Bulk Item: Yes_
No -1L-
Department:
Planning
StalfContact Person: moK. Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider an Interim Development Ordinance (IDO) deferring the acceptance of applications for
redevelopment and conversion of marine facilities including commercial marinas and working waterfront within 365 days
of the effective date of the Ordinance or when the comprehensive plan and land development regulations become effective,
whichever comes tlrst (Second of two public hearings)
ITEM BACKGROUND:
Monroe County is experiencing the loss of and redevelopment of marine facilities including commercial marinas and the
working waterfront including boat yards, wet storage. fish houses and commercial fishing vessel dockage at an
unprecedented rate. The County finds that it is necessary to enact an Interim Development Ordinance deferring the
acceptance of development applications that seek development approval for the redevelopment and conversion of marine
facilities and working waterfront properties.
The County has contracted with South Florida Regional Planning Council to prepare a public water access and marine
facilities plan and develop implementation measures including Comprehensive Plan and Land Development Regulations.
At the March 10, 2005 public meeting of the Development Review Committee, the Committee voted to recommend
approval of the proposed IDO to the Planning Commission. At the March 23, 2005 public meeting of the Planning
Commission, the Commission continued the item to the April 13, 2005 Planning Commission in Marathon. At the April
13, 2005 Planning Commission meeting, the Commission heard the item but was unable to recommend action to the Board
of County Commissioners (BOCC). It is anticipated that at the May 11, 2005 Planning Commission, the Commission will
recommend action to the BOCC.
The 100 attached for HOCC review has been revised at the request of the County Attorney. The revisions were rcquested
to provide a more readable f(mnal. The previous drall, whieh shows edits (underlines and strike-throughs) were made by
Tyson Smith. Esquire. of White and Smith, is attached lor your information only. The County Attorney did not make
substantive changes from the Tyson Smith dra1l.
PREVIOUS REVELANT BOCC ACTION:
The BOCC at a regular meeting on January 19,2005, directed staff to prepare an interim development ordinance to prevent
further redevelopment and conversion of marine facilities including commercial marinas and the working waterfront, and to
implement a policy of "No-Net-Loss" of public access to marine facilities while County legislation is being prepared. The
HOCC conducted the first of two public hearings on April 20, 2005.
CONTRACTiAGREEl\lENT CHANGES: N!A
STAFF RECOI\lMENDATIONS: Approval
TOTAL COST: N/ A
BUDGETED: Yes _No_NiA
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N!A
REVENUE PRODUCING:
Yes N/A No
Year
APPROVED BY:
County Attorney _
Risk Management ___
DIVISION I)fRECTOR APPROVAL:
rry, AICP
DOCUMENTATION: Included-X-
I)fSPOSlTION: AGENDA ITEl\l #
DRC:
PC:
INTERIl\1 DEVELOPlVlENT ORDINANCE
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT
ORDINANCE DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICA TrONS FOR THE REDEVELOPMENT AND CONVERSION
OF MARINE FACILITIES INCLUDING COMMERCIAL MARINAS
AND THE WORKING WATERFRONT UNTIL LAND
DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN
AMENDMENTS ARE DRAFTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA); AND PROVIDING FOR
EXPIRA TION .WITHIN 365 DAYS OF THE E.FFECTIVE DATE O'F
THE ORDINANCE OR WHEN THE AMENDMENTS BECOME
EFFECTIVE, \VHICHEVER COMES FIRST.
RECOMMENDA TIONS
Approval
To Be Determined
March 10, 2005
May 11,2005
Resolution #P -05
BOCC-IDO - Working Warci.from-2""/rearing
May 3, 2005
BOCC-fDO - Working Wale/front-2''"! hearing
DRAFT BOCC ORDINANCE
!IJay 3, 2005
INTERIM DEVELOPMENT ORDINANCE
DEFERl\tIENT OF DEVELOPMENT APPLICATIONS
FOR THE
REDEVELOPlVIENT AND CONVERSION
OF l\ttARINE FACILITIES AND THE WORKING WATERFRONT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
May 18, 2005
BOCC-IDO - Working Waterfronr-2"'; fUYJring
May 3, 2005
ORDINANCE NO.
2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR
THE REDEVELOPMENT AND CONVERSION OF MARINE
FACILITIES INCLUDING COMMERCIAL MARINAS AND
THE \VORKING WATERFRONT UNTIL LAND
DEVELOPMENT REGULATIONS AND COl\iIPREHENSIVE
PLAN AMENDMENTS ARE DRAFTED; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR TRANSMITT AL TO
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA); AND PROVIDING FOR EXPIRATION \VITHIN 365
DA YS OF THE EFFECTIVE DATE OF THE ORDINANCE OR
WHEN THE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-185 of the Monroe County Code is hereby created to read as follows:
Section 9.5-185. Interim Development Provisions Relating To Working Waterfront
Areas And Public Access To Beaches And Shorelines.
1. Definitions. As used in this Ordinance, the following terms shall have the definitions
provided, unless the context clearly provides otherwise:
a. "Commercial marina" shall mean any facility or facilities, having three or more slips,
docks, or docking spaces, conducting business involving the sale, repair, rental, storage, and
servicing of boats, and including accessory retail uses. The term includes a licensed commercial
facility which provides secured public moorings or wet 6fy storage for private pleasure vessels or
commercial vessels on a leased basis. The term does not include privately owned individual berths
or docks accessory to land based dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of February 28,
2005, and the customary and ref,lUlar uses of that structure up to and including February 28, 2005.
c. "Marine facility" shall mean commercial marinas, the working waterfront, boat ramps,
and any other locations that provide public access to the navigable waters of the state.
d. "Public access" shall mean the ability of the public to physically reach, enter, or use
beaches and shores. The tern1 shall have the same meaning as defined in Rule 9J-5.003(97), Florida
Administrative Code.
HOCC-fDO -Working Wal('/Fonl~r! hearing
il4ay 3. 2005
e. "Working waterfront" shall mean a parcel or parcels of real property that are used for
water dependent boat yards, wet und dr~y storage of boats and vessels, commercial fish houses (fish
landings, processing and packaging) and commercial fishing vessel dockage. The term does not
include commercial marinas providing dockage for pleasure watercraft.
f. "Water-dependent uses" shall mean activities which can be carried out only on, in or
adjacent to water areas because the use requires access to the water body for waterborne
transportation, including ports or marinas, and recreation. The term shall have the same meaning as
defined in Rule 9J5-003(137), Florida Administrative Code.
g. "Water-enhanced uses" shall means activities that are not water-dependent uses but
benefits economically or aesthetically by its location adjacent to or on the waterfront. The term
ineludes dock side bars, restaurants, hotels, motels, and residential uses.
2. Findings by Board of County Commissioners. The Board of County Commissioners,
based upon minutes of prior meetings of the Board, presentations of staff, comments by the public,
provisions of Florida Statutes and Florida Administrative Code Rules, and Monroe County public
records, hereby finds as follows:
a. The Board of County Commissioners at a public meeting held on August 18, 2004,
directed county staff to have a public water access and marine facilities plan prepared for Monroe
County.
b. The Board of County Commissioners discussed a policy of "No Net Loss" of working
waterfront or public access at a public meeting held on December 16, 2004.
c. Monroe County is experiencing the loss of working waterfront and the loss of public access due
to the redevelopment of marine facilities, commercial marinas, and the working waterfront,
including boat yards, wet and dry storage of vessels and boats, fish houses and commercial fishing
vessel dockage, at an unprecedented rate.
d. The continued loss of working waterfront and public access in the County is and will be
detrimental to the economic and social well-being and the health, safety, and welfare of the citizens
of Monroe County.
e. If the Comprehensive Plan and land development regulations are not amended to control
certain conversions and redevelopments, future losses of working waterfront and public access will
negatively affect the economy and bring an end to critical marine-related services, including boat
yards, commercial marinas that arc available to the public, and traditional trades associated with
commercial fishing.
t: It is necessary to undertake a comprehensive and deliberate analysis of the economic,
social, and quality of life implications of continued conversions and redevelopments and the impact
of same on the public access and the working waterfront.
g. Preserving the status quo while undertaking the analysis will ensure that the County's
problems related to diminished public access and further loss of working waterfront will not be
BOCC-fDO -Working Waterf;'ont.2'''' hearing
May 3, 20tJ5
exacerbated during the time it takes to prepare a well-reasoned and equitable planning and
re!,'Ulatory program.
h. Preserving the status quo for a temporary period of time will prevent development that
could be inconsistent with the Comprehensive Plan and/or with pending changes to the
Comprehensive Plan or land development regulations.-;-a:fl4
i. A number of waterfront property owners are exploring the possible change of use of their
property to private residential uses and private exclusive use of docks and docking spaces which
will further decrease the public access and/or working waterfront
j. Goal 212 of the 2010 Comprehensive Plan provides that "Monroe County shall prioritize
shoreline land uses and establish criteria for shoreline development in order to preserve and
enhance coastal resources and to ensure the continued economic viability of the County".
k. Goal 213 of the 2010 Comprehensive Plan provides that "Monroe County shall ensure
adequate public access to the beach or shoreline.
1. Objective 502.1 of the 20 10 Comprehensive Plan provides, in pertinent part, that Monroe
County shall promote the preservation and enhancement of the existing ports and port related
activities.
m. Monroe County needs to update and aUbTffient its inventory of public access and
waterfront facility locations and specific waterfront uses in order to have a thorough and accurate
understanding of the socio-economic data relating to the existing situation.
n. Accepting or processing of development applications during the term of this ordinance
would result in confusion for property owners, inefficiencies in governmental services, potcntially
redundant review processes, and may unreasonably affect the expectations of property owners.
o. The approval of development applications for working waterfront property conversions
and redevelopment will result in the continued and irreversible loss of public access and working
waterfront.
p. The exemption of certain specified uses and development activities advances the intent of
this Ordinance and will not diminish public access or further the loss of working waterfront.
q. The Board of County Commissioners recognizes the need to develop comprehensive plan
and land development regulations and prob'lams to preserve marine facilities, including commercial
marinas, and to protect public access and the working waterfront.
r. Tbe Board of County Commissioners at a public meeting held on January 19, 2005,
voted to contract with the South Florida Regional Planning Council to prepare a public access and
marine facilities plan and suggested implementation measures, including Comprehensive Plan
amendments and Land Development Regulations.
s. Monroe County has committed necessary staff and resources to the development of
policies and regulations relating to the working waterfront and public access.
BOCC-![)O -Working Wmerfi'ont-ri hearing
Alay 3. 2005
t. This interim Ordinance and the planned amendments to the Comprehensive Plan and
Land Development Regulations are necessary to protect the health, safety, and general welfare and
to advance the policies set fortb in the Comprehensive Plan.
u. The utilization of the moratorium device as a temporary measure to facilitate government
decision making, study and adoption of comprehensive plan and land development regulations is a
legitimate governmental tool to facilitate logical and considered growth and is a means of avoiding
inefficient and ill-conceived development.
v. The Board of County Commissioners finds that it is necessary to enact an Interim
Development Ordinance deferring the acceptance of development applications that seek
development approval for the conversion or redevelopment of waterfront properties.
w. The Board of County Commissioners finds that a 365-day deferment of development
applications and approvals as provided herein is reasonable and is the minimum necessary to protect
the health, safety, and general welfare of the citizens of Monroe County and to implement the
Comprehensive Plan.
x. The temporary deferral of development applications and approvals as provided in this
Ordinance is not intended nor shall it be construed to inhibit the existing lawful use of properties in
accordance with the Comprehensive Plan and land development regulations.
y. Chapter 125, Florida Statutes, authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety and welfare ofthe citizens of Monroe County.
z. This Interim Development Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Sections 163.3 I 6, et seq., Florida Statutes, which, inter alia,
encourages the use of innovative land development regulations, including provisions like moratoria
to implement the adopted Comprehensive Plan.
aa. The Board of County Commissioners at a public meeting held on January 19, 2005,
directed staff to prepare an ordinance deferring acceptance of applications for redevelopment of
marine facilities, including commercial marinas and the working waterfront (boat yards, wet and dry
vessel and boat storage, fish houses and commercial fishing vessel dockage), that would diminish
public access or further result in the loss of working waterfront, while staff prepares amendments to
the 2010 Comprehensive Plan and Land Development Regulations.
bb. As directed by the Board of County Commissioners, the Growth Management staff
immediately undertook the development of this Interim Development Ordinance and preparation of
a contract for the development of a public access and marine facilities plan and suggested
implementation measures including Comprehensive Plan amendments and Land Development
Regulations.
cc. The Monroe County Planning Commission reviewed the draft Interim Development
Ordinance at a public hearing held on May 11, 2005, and has recommended approval of the
ordinance to the Board of County Commissioners.
BOC('.1 DO. Working Watelfhml.2,'d hearing
May 3, 2005
dd. The Board of County Commissioners has reviewed and considered the draft Interim
Development Ordinance recommended by the Planning Commission and Planning staff
3. Purpose and Intent. This Interim Development Ordinance implements the Board of
County Commissioners' intent to temporarily curtail further redevelopment and conversion of
marine facilities that result in the loss of working waterfront and diminish public access, in order to
implement the Commission's policy of "No-Net-Loss" of working waterfront and public access
while legislation is being prepared.
4. Exemptions.
a. The provisions of this Ordinance shall not apply to a development under an approved
Conditional Use Permit; general maintenance, repair and/or safety improvements; and shall not
apply to any modification, improvement, or expansion to existing marine facility that does not
diminish public access and does not result in the loss of working waterfront.
b. The provisions of this Ordinance shall not apply to an application for a building permit or
development approval submitted to the County on or before February 28,2005.
c. The provisions of this Ordinance shall not apply to an application for or issuance of a
building penuit or development approval for any development or redevelopment that is otherwise
allowed pursuant to the Monroe County Land Development Re!,lUlations and the 2010
Comprehensi ve Plan.
5. Application of Ordinance. This Ordinance shall be applicable to redevelopment
and conversion of existing uses and structures which involve:
a. Any change of use of a commercial marina from a water-dependent use to a water-
enhanced or a non-water-dependent use.
b. Any division of uplands and/or bay bottom of existing marine facilities into individual
parcels regardless of type of ownership.
c. Any modification, improvements or expansions of existing marine facilities which would
diminish public access or result in a loss of working waterfront.
d. Any change of use of a parcel of parcels of working waterfront to a commercial marina
or a non-water dependent use.
6. Moratorium.
a. Commencing on the effective date of this Ordinance, a moratorium shall be in effect
within unincorporated Monroe County relating to, and prohibiting:
1). Accepting or processing development applications relating to redevelopment or
conversion of existing uses and structures as listed in sub-sections Sa through 5d.
BOCC-IDO -~V()rking WaterjiwlI-],,,1 hearing
May 3. ]{)05
2). Issuance of building permits for redevelopment or conversion of existing uscs
and structures as listed in sub-sections Sa through 5d.
3). Issuance of development orders and development permits of existing uses and
structures as listed in sub-sections Sa through 5d.
b. Any application for a building permit or development approval, submitted on or after
March I, 2005, for any development or redevelopment of structures or uses identified in sub-
section 5 shall not be accepted or processed by the Growth Management Division.
7. Interim Regulations. Pursuant to its lawful authority and the pending legislation
doctrine as set forth in Smith v. City afClearwater, 383 So.2d 681 (Fla. 2d DCA, 1980), the Board
of County Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the date the Comprehensive Plan
amendments and Land Development Regulations become effective, or until repeal of this
Ordinance, whichever first occurs.
8. Administrative Appeal. Any property owner adversely affected by the application
of this Ordinance may seek an administrative determination that the owner's proposed development
or redevelopment met the vested rights standards set forth in Section 9.5-181, Monroe County
Code, prior to the effective date of this Ordinance. To request an administrative determination, the
property owner shall file an Application For Determination of Vested Rights with the Director of
Growth Management. The application, together with an administrative filing fee of Four Hundred
Dollars ($400.00), must be filed within sixty (60) days from the effective date of this Ordinance.
9. Duty of County Administrator. The County Administrator is directed to have the
Growth Management Division immediately begin preparing draft amendments, regulations and
other supporting studies, in cooperation with the Monroe County Planning Commission, to address
the issue of redevelopment and conversion of marine facilities that result in diminished public
access or loss of working waterfront.
10. Repealer Provision. This ordinance shall stand repealed as of 11 :59 p.m. on the
365th day after the effective date of the Ordinance, unless repealed sooner by the Board of County
Commissioners or upon the adoption by the Board of County Commissioners and approval by the
Florida Department of Community Affairs of amendments to the Comprehensive Plan and Land
Development Regulations addressing public access and marine facilities.
Section 2. If any section, subsection, sentence, elause, item, charge or prOVISIOn of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. This ordinance shall transmitted to the Florida Depmlrnent of Community Affairs
pursuant to Chapter 380, Florida Statutes, and the DCA is requested to review and approve it by
Immediate Final Order in accordance with Section 120.569(2)(n), Florida Statutes, in recohl11ition of
the public importance of retaining the working waterfront, marine facilities, and public access, and
to prevent the threat of further loss thereof as "an immediate danger to the public health, safety, or
BOCC.fI)O -Working Warer:ff-oi1I-2'd hearing
May 3, 2005
welfare" .
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving this ordinance pursuant to Florida Statutes,
Chapter 380.
Section 17. This ordinance shall stand repealed as of 11 :59 p.m. on the 365tb day after the
effective date of the Ordinance, unless repealed sooner by the Board of County Commissioners or
upon the adoption by the Board of County Commissioners and approval by the Florida Department
of Community Affairs of amendments to the Comprehensive Plan and Land Development
Regulations addressing public access and marine facilities.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the ~ day of ,2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOCClDO ~Working WalCIj!-Ont-2"i hearing
May 3, 2005
BOCC~fl)O -Working Wau'rfm1ll-2'''1 hearhlg
BOCC STAFF REPORT
May 3, 2005
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
May 3, 2005
TO: Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning and Environmental Resources
RE: Interim Development Ordinance-Marine Facilities and Working Waterfronts
MEETING DATE: May 18,2005
Summary
The Board of County Commissioners (BOCC) at a regular meeting on January 19, 2005, directed
Growth Management staff to prepare an Interim Development Ordinance (IDO) deferring the
acceptance of applications for redevelopment and conversion of marine facilities including
commercial marinas and the working waterfront (boat yards, wet storage, fish houses and
commercial fishing vessel dockage) while staff prepares amendments to the 2010 Comprehensive
Plan and Land Development Regulations (LDR). Concurrently, following direction of the BOCC at
the same regular meeting on January 19, 2005, Growth Management staff immediately undertook
the development of this Interim Development Ordinance and preparation of a contract for the
development of a public water access and marine facilities plan and implementation measures
including 2010 Comprehensive Plan and Land Development Regulations.
This IDO provides for specific exemptions and clarifying definitions. Since the April 20, 2005
BOCC hearing, dry storage has been removed from the definition of the working waterfront. The
IDa is to expire within 365 days from the effective date of the Ordinance, or when the 2010
Comprehensive Plan and LDR amendments become effective, whichever comes Jirst
The IDO attached for BOCC review has been revised at the request of the County Attorney.
The revisions were requested to provide a more readable format. The previous draft, which
shows edits (underlines and strike-throughs) were made by Tyson Smith, Esquire, of White
and Smith, is attached for your information only. The County Attorney did not make
substantive changes from the Tyson Smith draft.
Background
Monroe County is experiencing the loss of and redevelopment of marine facilities and the
working waterfront including commercial marinas, boat yards, wet storage, fish houses and
commercial fishing vessel dockage, at an unprecedented rate. A number of waterfront owners
are exploring the possible change of use of their property, to private residenti<:ll uses and private
exclusive use of dockage which will further decrease the public access and working waterfront
usages. There is great concern that if nothing is done to control this redevelopment that future
losses of waterfront facilities will negatively affect the economy and bring an end to critical
marine services (e.g. boat yards), commercial marinas that are available to the public and
traditional trades associated with commercial fishing and other water-dependent uses. The
ROCC./DO . Working Waterlront.2"d hearing
A/ay 3, 2005
pressure to redevelop waterfront properties to non-water related or non-water dependent type
uses is such that unless acceptance of such applications is deferred, there is not time to write land
development regulations or Comprehensive Plan amendments to adequately address the probable
negative impacts of the rapid rate of change.
The County does not have an accurate inventory of pertinent waterfront facility locations and
specific waterfront uses and a thorough understanding of the socio-economic data on existing
waterfront marine facilities. However, the County recognizes the need to develop
comprehensive plan and land development regulations and programs to preserve marine facilities
including commercial mminas and the working waterfront. A "no net loss" of public access to
the waterfront policy was discussed by the BOCC at their December 16, 2004, meeting. To meet
these needs, the Board of County Commissioners, at their meeting of August 18, 2004, directed
staff to have a public water access and marine facilities plan prepared for Monroe County. At
their meeting of January 19, 2005, the BOCC voted to contract with the South Florida Regional
Planning Council to prepare the public water access and marine facilities plan and
implementation measures including Comprehensive Plan and Land Development Regulation
amendments.
The contract to prepare the plan and implementation measures is further substantiated by Goal
212 of the 2010 Comprehensive Plan which directs the County to prioritize shoreline land uses
and establish criteria for shoreline development in order to preserve and enhance coastal
resources and to ensure the continued economic viability of the County; Goal 213 of the 2010
Comprehensive Plan which directs the County to ensure adequate public access to the beach or
shoreline; and Objective 502.1 of the 2010 Comprehensive Plan which direct the County to
promote the preservation and enhancement of the existing ports and port related activities.
Furthermore, the Florida State Senate and House of Representative are reviewing a proposed
bills, SPB 7040 and HB955CS 2005, which will include enunciating the State's interest in
maintaining recreational and commercial working waterfronts and public access to waterfront
property, and require the future land use plan element of local comprehensive plans for coastal
counties to include criteria to encourage the preservation of recreational and commercial working
waterfronts. Provision of tax incentives and deferrals are also included. The confidence level of
this legislation passing is high.
The purpose of the proposed deference of accepting applications is to provide time for the
preparation of the public water access and marine facilities plan and implementation measures by
the South Florida Regional Planning CounciL This IDO will also provide time for staff to draft
the necessary Land Development Regulations and 2010 Comprehensive Plan amendments, the
Planning Commission to review the proposed changes and the public time to consider,
understand and comment on the amendments. Monroe County is acting expeditiously by
proposing this Interim Development Ordinance so that Comprehensive Plan and LDR
amendments can be developed which will be in coordination with the pending State legislation.
The IDO attached for BOCC review has been revised at the request of the County
Attorney. The revisions were requested to provide a more readable format. The previous
draft, which shows edits (underlines and strike-throughs) were made by Tyson Smith,
Esquire, of Whtte and Smith, is attached for your information only. The County Attorney
did not make substantive changes from the Tyson Smith draft.
BOCC-JDO -Working Wale~tronl-ri hearing
May 3, 2005
This Ordinance shall be applicable to redevelopment and converSiOn of existing uses and
structures which involve:
a. Any change of use of a commercial marina from a water-dependent use to a water-
enhanced or a non-water-dependent use.
b. Any division of uplands and/or bay bottom of existing marine facilities into individual
parcels regardless of type of ownership.
c. Any modification, improvements or expansions of existing marine facilities which
would diminish public access or result in a loss of working waterfront.
d. Any change of use of a parcel of parcels of working waterfront to a commercial
marina or a non-water dependent use.
As used in this Ordinance, the following terms shall have the definitions provided, unless the
context clearly provides otherwise:
a. "Commercial marina" shall mean any facility or facilities, having three or more slips,
docks, or docking spaces, conducting business involving the sale, repair, rental, storage, and
servicing of boats, and including accessory retail uses. The term includes a licensed commercial
facility which provides secured public moorings or wet storage for private pleasure vessels or
commercial vessels on a leased basis. The term does not include privately owned individual
berths or docks accessory to land based dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of February 28,
2005, and the customary and regular uses of that structure up to and including February 28,
2005.
c. "Marine facility" shall mean commercial matinas, the working waterfront, boat
ramps, and any other locations that provide public access to the navigable waters of the state.
d. "Public access" shall mean the ability of the public to physically reach, enter, or use
beaches and shores. The teIm shall have the same meaning as defined in Rule 9J-5.003(97),
Florida Administrative Code.
e. "W orking waterfront" shall mean a parcel or parcels of real property that used for
water dependent boat yards, wet storage of boats and vessels, commercial fish houses (fish
landings, processing and packaging) and commercial fishing vessel dockage. The term does not
include commercial marinas providing dockage for pleasure watercraft.
f. "Water-dependent uses" shall mean activities which can be carried out only on, in or
adjacent to water areas because the use requires access to the water body for waterborne
transportation, including ports or marinas, and recreation. The term shall have the same meaning
as defined in Rule 9J5-003(137), Florida Administrative Code.
g. "Water-enhanced uses" shall means activities that are not water-dependent uses but
benefits economically or aesthetically by its location adjacent to or on the waterfront. The term
includes dock side bars, restaurants, hotels, motels, and residential uses.
ROCC-/DO -Working Water/i'om-2"" hearing
May 3. 2005
Dry storage has been removed from the definition of working waterfront.
The following exemptions are provided in this Ordinance:
· The provisions of this Ordinance shall not apply to a development under an approved
Conditional Use Permit; general maintenance, repair and/or safety improvements; and
shall not apply to any modification, improvement, or expansion to existing marine facility
that does not diminish public access and does not result in the loss of working waterfront.
· The provisions of this Ordinance shall not apply to an application for a building permit or
development approval submitted to the County on or before February 28, 2005.
· The provisions of this Ordinance shall not apply to an application for or issuance of a
building permit or development approval for any development or redevelopment that is
otherwise allowed pursuant to the Monroe County Land Development Regulations and
the 2010 Comprehensive Plan.
Staff Recommendation
The Planning Staff recommends the Monroe County Board of County Commissioners
APPROVE the attached Interim Development Ordinance deferring development applications for
the redevelopment and conversion of marine facilities and the working waterfront.
Attachment: Draft showing edits (underlines and strike-throughs) by Tyson Smith, Esquire,
Smith and White, for BaeC information only.
BOCC-IDO - Working Wale~/hml_2'Ui hearing
May 3, 2(J(J5
Draft showing edits (underlines and strike4hroughs) by Tyson Smith, Esquire, Smith and White,for RaCe
information only.
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT
ORDINANCE DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS FOR THE REDEVELOPMENT AND CONVERSION OF
MARINE FACILITIES INCLUDING COMMERCIAL MARINAS AND THE
WORKING WATERFRONT UNTIL LAND DEVELOPMENT REGULATIONS
AND COMPREHENSIVE PLAN AMENDMENTS ARE DRAFTED;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRANSMITTAL TO
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA); AND
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE
DATE OF THE ORDINANCE OR WHEN THE AMENDMENTS BECOME
EFFECTIVE, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of August 18, 2004,
directed staff to have a public water access and marine facilities plan prepared for Monroe
County; and
'WHEREAS, the Board of County Commissioners discussed a policy of "No Net Loss"
of working waterfront or public access to the waterfront policy at their December 16, 2004
meeting; and
WHEREAS, Monroe County is experiencing the loss of iiflii-working waterfront and the
loss of public access to the water due to the redevelopment of marine facilities, including
commercial marinas, and the working waterfront, including boat yards, wet and dry storage, fish
houses and commercial fishing vessel dockage, at an unprecedented rate; and
WHEREAs, the continued loss of working waterfront and public access in the County is
and will be detrimental to the economic and social wellbeing and the health, safety, and welfare
of the citizens of the County: and
WHEREAS, there is u great concern that if nothing is done if the Comprehensive Plan
and land development regulations are not amended to control certain conversions and tflts.
redevelopments, future losses of waterfront facilities working waterfront and public access will
negatively affect the economy and bring an end to critical marine services (e.g. boat yards),
commercial marinas that are available to the public, and traditional trades associated with
commercial fishing; and
WHEREAS, it is necessary to undertake a comprehensive and deliberate analysis of the
economic, social, and quality of life implications of continued conversions and redevelopments
and the impact of same on the public access and workinl!. waterfront; and
WHEREAS. preserving the status quo while undertaking said anal ysis will ensure that
BOCC~IDO -Working Watelfrom-2"" ht'aring
May 3, 2005
Draft showing edits (underlines and strike-throughs) by Tyson Smith, Esquire, Smith and White,Jor ROCC
infonnatwn only.
the County's problems related to diminished public access and loss of working waterfront will
not be exacerbated during the time it takes to prepare a well-reasoned and equitable planning and
regulatory program; and
WHEREAS, j)reserving the status quo for a temporary period of time will prevent
development that could be inconsistent with the Comprehensive Plan and/or with pending
changes to the Comprehensive Plan or land development regulations; and
WHEREAS, a number of waterfront owners are exploring the possible change of use of
their property to private residential uses and private exclusive use of dockage which will further
decrease the public access and/or working waterfront; and
WHEREAS, Goal 212 of the 2010 Comprehensive Plan directs the County to prioritize
shoreline land uses and establish ctiteria for shoreline development in order to preserve and
enhance coastal resources and to ensure the continued economic viability of the County; and
WHEREAS, Goal 213 of the 2010 Comprehensive Plan directs the County to ensure
adequate public access to the beach or shoreline; and
WHEREAS, Objective 502.1 of the 2010 Comprehensive Plan directs the County to
promote the preservation and enhancement of the existing ports and port related activities; and
WHEREAS, the County does not hu,,'e an accurate needs to update and augment its
inventory of public access points, pertinent waterfront facility locations and specific waterfront
uses in order to have a-l'H! a thorough and accurate understanding of thes()cio,:c,c;()D()111ic;clata on
existing waterfront matine facilities; and
WHEREAS. the acceptance or processing of development applications during the term
of this ordinance would result in confusion for property owners, inefficiencies in governmental
services, and potentially redundant review processes and may unreasonably affect the
expectations of property owners; and
WHEREAS. the approval of development applications for conversions and
redevelopment, as described herein, will result in the continued and ineversible loss of public
access and working waterfront: and
WHEREAS. the exemption of certain uses and development actlvltteS, as provided
herein, advances the intent of this Ordinance and will not diminish public access or further the
loss of working waterfront; and
WHEREAS, the County recognizes the need to develop comprehensive plan and land
BOCC1DO ~Workil1g Walel:lront~2"'! hearing
May 3,2005
Draft showing edits (underlines and strike-throughs) by Tyson Smith, Esquire, Smith and White, for BOCC
infonnation only.
development regulations and programs to preserve marine facilities including commercial
marinas that offer public access and provide for working waterlront thut offer public uccess~ and
WHEREAS, the Board of County Commissioners at their meeting of January 19, 2005,
voted to contract with the South Florida Regional Planning Council to prepare the public water
access and marine facilities plan and implementation measures including Comprehensive Plan
and Land Development Regulations; and
WHEREAS, the County has committed necessary staff and resources to the development
of these policies and regulations; and
WHEREAS, this intelim Ordinance and the planned amendments to the Plan and land
development regulations are necessary to protect the health, safety, and general welfare and to
advance the policies set forth in the Comprehensive Plan; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of comprehensive plan and land
development regulations is a legitimate governmental tool to facilitate logical and considered
growth and as a means of avoiding inefficient and ill-conceived development; and
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the acceptance of development applications that seek development approval
for the redevelopment of waterlront properties; and
WHEREAS, the County finds that a 365-day deferment of development applications and
approvals as provided herein is reasonable and is the minimum necessary to protect the health,
safety, and general welfare of the citizens of the County and to implement the Comprehensive
Plan; and
\VHEREAS, the temporary deferral of development applications and approvals, as
provided herein, are not intended nor shall it be construed to inhibit the existing lawful use of
properties in accordance with the Comprehensive Plan and land development regulations; and
WHEREAS, Chapter 125, ES. authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety and welfare of the citizens of Monroe County; and
WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.316, et seq., F.S., which,
inter alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan; and
BOCC-/DO -Working Waur!ronl-Z" hearing
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\VHEREAS, the Board of County Commissioners at a regular meeting on January 19,
2005, directed staff to prepare an ordinance deferring acceptance of applications for
redevelopment of marine facilities including commercial marinas and the working waterfront
(boat yards, wet and dry storage, fish houses and commercial fishing vessel dockage) that would
diminish public access or result in the loss of working front, while staff prepares amendments to
the 2010 Comprehensive Plan and Land Development Regulations; and
WHEREAS, following direction of the Board of County Commissioners, the Growth
Management staff immediately undertook the development of this Interim Development
Ordinance and preparation of a contract for the development of a public water access and marine
facilities plan and implementation measures including Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the Planning Commission has reviewed the draft Interim Development
Ordinanee and considered recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance recommended by the Planning Commission and Planning staff;
and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FI,ORIDA:
Section 1. The purpose and intent of this Interim Development Ordinance is to implement
the Board of County Commissioners' directive of January 19, 2005, to prepare an interim
development ordinance to prevent further redevelopment and conversion of marine facilities
including commercial marinus and the '.vorking '.','aterfront, that result in the loss of working
waterfront and diminish public access ftfld in order to implement a policy of "No-Net-Loss" of
working waterfront and public access to marine facilities while legislation is being prepared.
Section 2. Except as provided for in Section 5 of this ordinance, Rredevelopment and
conversion of existing uses and structures, as used in this ordinance, includes the following:
. Any change of use from a water dependent use to a water enhanced or a non-water
dependent use of a commercial marina.
. Any division of uplands and/or bay bottom of existing marine facilities into individual
parcels regardless of type of ownership.
. Any modification, improvements or expansions of existing marine facilities, resulting in
the loss of public uccess from both land and "'/ater to the \vaterfront and water body.
. Any change of use of the working waterfront to a commercial marina or a non-water
dependent use.
Section 3.
The following definitions apply in this ordinance:
BOCC,IDO > Working Warc(/hmt-rl hearing
May 3. 2005
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. Existing uses and structures means those uses and structures in existence prior to and
including February 28, 2005.
. Commercial marina means a facility with three or more slips for the mooring, berthing,
storing or securing of watercraft and may include accessory retail and service uses, but
not including docks accessory to land based dwelling units or individual berths under
private ownership.
. Marine facility means commercial marinas, the working waterfront, and any other public
access point including boat ramps that provide public access to the navigable waters of
the state.
. Public access means the ability of members of the public to physically reach, enter, or use
a water-body by either land or water.
. Working waterfront means a parcel or parcels of real property that provide access for
water dependent boat yards, wet and dry storage, fish houses (fish landings, processing
and packaging) and commercial fishing vessel dockage; it does not mean commercial
marinas for the dockage of pleasure craft.
. Water dependent use means a use or portions of a use that can only be carried out on, in
or adjacent to water areas because the use requires access to the water body.
. Water enhanced use means a use that is not a water dependent use but benefits
economically or aesthetically by its location on the waterfront; examples include
restaurants, hotels and residential uses.
Section 4. During the time this ordinance is in effect as specified herein, there shall be a
moratorium upon the issuance of building permits, acceptance of development applications or
issuance of development orders and development permits within unincorporated Monroe County
concerning the redevelopment or conversion of existing uses and structures related to marine
facilities, including commercial marinas and the working watetfront, that result in diminished
publ1c access or loss of working waterfront, except as provided herein.
Section 5.
Exempt from this ordinance t& are the following:
.
Development under an approved Conditional Use Permit, general maintenance,
repair and/or safety improvements: and.
.
Any modification. improvements, or expansion to existing marine facilitv that
does not diminish public access and does not result in the loss of working
waterfront.
Section 6. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
Hoce'.IDO .Working Waterjmnt-2"" hearing
May 3, 2005
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within one year of its effective date or whenever the plan and land development regulations become
effective, whichever comes first.
Section 7: Until expiration of this Interim Development Ordinance no application for a building
permit or development approval for any development or redevelopment, that meets the criteria for
review identified in Section 2 hereof, shall be granted pursuant to an application or request with a
submittal date of March 1, 2005, or later.
Section 8: Any application for a building permit or development approval with a submittal date
of February 28, 2005, or earlier shall be exempt from this Interim Development Ordinance.
Section 9: As of the effective date of this Ordinance no application for a building permit or
development approval, meeting the criteria for review identified in Section 2 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt hereunder
and development awarded a vested rights determination pursuant toSeetion 11 hereof.
Section 10: This Ordinance shall not be construed to prohibit the application for or issuance of a
building permit or development approval for any development or redevelopment that does not meet
the criteria for review identified in Section 2 hereof, or that does not result in diminished public
~ or the loss of working waterfront, that is allowed pursuant to the Monroe County Land
Development Regulations and the 2010 Comprehensive Plan.
Section 11: Any property owner adversely affected by the prOVIsIOns of this Interim
Development Ordinance may seek a determination that the owner's proposed development or
redevelopment is vested against the provisions of this Interim Development Ordinance, by filing
with the Director of Growth Management, together with an administrative fee in the amount of
$400, a vested rights application setting forth facts establishing the applicantmet, prior to the date
that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights
standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later
than sixty (60) days after the effective date of this ordinance.
Section 12: The County Administrator is directed to have the Growth Management Division
begin immediately preparing the draft text amendments and other supporting studies in cooperation
with the Planning Commission in order to address the issue of redevelopment and conversion of
marine facilities that result in diminished public access or the loss of working waterfront.
Section 13. If any section, subsection, sentence, clause, item, charge or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 14. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 15. The ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 380, Florida Statutes and the DCA is requested to review and approve it by
Immediate Final Order in accordance with F.S.120.569(2)(n), in recognition of the public
importance of retaining the working waterfront, marine facilities, and public access to the
waterfront, and to prevent the threat of further loss thereof as "an immediate danger to the public
health, safety, or welfare".
ROCC-IDO - Working Warerfrom-2d hearing
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information only.
Section 16. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shaH not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving ordinance pursuant to Florida Statutes, Chapter
380.
Section 17. This ordinance shall stand repealed as of 11 :59 p.m. on the 365th day after the
effective date of the Ordinance, unless repealed sooner by the Board of County Commissioners or
upon the adoption of amendments to the comprehensive plan and land development regulations
addressing public access and marine facilities.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the _ day of , 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Roce-IDO - Working Wmel:fJ"ol1t-2'"i hearing
May 3. 2005