Item N7
FROM
FAX ~~I. :8527162
~8r. 15 2005 12:03PM P2
BOARD OF COUNTY COMMISSIONtllS
AGENDA ITEM SUMMARV
Meeting Date:J2.JL1Qi21105
Bulk Item: Yes No X
Division: BOCC
Department DISTRICT FNE_.. .
Stuff Contact Person: DOIDlil Hanson
AGENDA iTKM WORDING: Discussion of P\IIlrchashlg Rowell's Marina to meet the goals of'the
pf'oposed Interim Development Ordinance on wnter front property.
ITEM BACKGROUND: Rowell's Marina is cnrrently under contract for private development
This pr<tperty is a working marina that should be purchased to preserve access to tht marine
environment.
PREVIOUS RELEV ANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST A}4].' RECOMMRNDA nONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COl1NTY;
SOURCE OF FUNDS:__._....+,_
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH~_.~_._ Year
APPROVED BY: County Atty _ OMBiPurchasing .__ R1Sk Management_
DIVISION DIRECTOR APPROVAL:
(TYPE NA1vtE liERE)
DOCUMENTATION:
Included X
Not Required~,
DISPOSITION:
AGENDA ITEM It
FROi'l
FAX NO. :8527162
~lar. 15 2005 12: 03PM P3
OlIDINANCE NO, ~QO.2
AN ORDINANCESY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTJNG AN lNTERlM DEVELOPMENT
ORDINANCE DEFERPJNG TIlE ACCEPT ANeE 011' DEVELOPMENT
APPLICATIONS FOR THE REDEVELOPMENT A.\!D CONVERSION OF
MARINE FACILITIES lNCLUDJNG COMMERCiAL MARINAS AND
THE WORKING WATERFRONT UNTiL I,At'lD DEVKLOPMENT
REGULA TJONS AND COMPREHENSIVE PLAN AMENDMENTS ARE
DRAFTED. PROVIDING FOR EXEMPTIONS; PR,OVUllNG FOR
TRANSMIITAL TO fl.,ORIllA DEPA.R.TMENT OJ? COMMUNITY
AFFAIRS (DCA); AND PROVIDING FOR. EXPiRA TJON WITHIN 365
DA YS OR WHEN TIlE AMENDMENTS BECOME EFFECTlVE~
\\lUCHEVER COMES FIRST.
WHEREAS~ the Board of County Commissioners at their meeting of August 18, 2004,
directed staff to. have a public water access and martj1e fa{;ilities plan prepared for Monroe
COilllty; and,
WHEREAS. the Board of County Commissioners digcussed a "No Net Loss" of public
accC6S to the waterfront poHcy at their December t 6, 2004 meeting; and
WREREJ\S~ Monroe County is experiencing the IQs~ of and redevelopment of marine
facilities including commercia! marinas and the wQrking waterfront including ooatyards, wet and
dry gtorage, fish houses and ccmmercial fh/lling ve&'sel dockage at M unprecedented fate; and
WHEREAS. there is ~-eat concern that if noth1ng is done to oontrol this redevelopment
that future lO!il(4;(:5 of waterfront facilities win neg~tively affect the economy and bring an end to
critical marine services (e,g. boat ~!I), commercial marinas that tlre availahle to the public and
traditional trades associated with commereial fishing; and
WHEkEA:S~ a number of waterfront owners are exploring the p0&811:110 change of use of
their property to priV!ltt? r\!lsidm.lt!d ooes and tirivate e~clmi\'e use of docbgc wi111'urther
decr€aue the public aCCe!l8 lU'\d/Of working waterfront; and
WHEREAS, Goal 212 of the 2010 ComprebenlitVe Pilim directs the County to rH'lOntll!i;
shoreHne land use!! and esuwlish criteria for snoreiinedeve!opment in order to pToserv.;; and
enhlmce OOMtaJ re,!;Olm:es and to ensure the continued economic viab~lity of the County; and
WBEREAS~ Goal 213 of the 2010 Comprehensive Plan directs the County to ensure:
adequate public access to the beach or shon::fine; and
WHEREAS. Objective 502.1 of the 2010 Compmhensive Pl&fl directs the County to
promote the preservation and enlumcement of the existing porta and port related activities; and
WHEREAS, the Cm.m~y does not have an accurate inventory of pertinent waterfronl
locatioM and 2peciflc wllt<<front uses and ! thorough undentanding of the gocio-
data on existing waterfront marine fadHtio&; and
WHEREAS, the COU;l!Y recognizes n<<d ti:l develop comprehensivE p2an and land
development regulations and programs to preserve marine fadllties im;:luding commercIal
212 5/2005
P3lC 1 00
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FAX f~. :8527162
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marinas illld the
waterfrOi1t~ and
WHEREAS~ the Board of County Commissioners at their meeting of January 19, 2005,
voted to contract with th~ South Florida Regional Planning Council to prepare the public water
a~ccsg and ma."ne facHities phm and Lrnplementlition measures including Comprehensive Plan
and Land Development Regulations; and
WlIEREAS, the Ctlunty bas cornxnitted necegsary staff and resource$ to the development
of these and. regulations; and
WHEREAS, the utilization of the mor&tonwm device as 3 temporary measure to
faciIilate government decision making, study imd adoption of oomprehensive plan and IMd
clevelopmenl regulations is a legitimate governmental tool to facibtate logical iiine considered
growth end as a m(;a.,"l!!l of avoiding inefficient and lH-{';o!iceived development; and
WHE.REAS~ the County finds that it is necessary to enact an Interim Deve10pffltflt
Ordinance deferring the acceptance of development application.,> that seek development approval
forthe redevelopment of waterfront properties; and
WHEREAS* Chapter 125, F.S. autoonzes the Board of County Commisllioners to adopt
ordinances to pnrlljde sta.itdards protecting againilit imminent !IDe immediate threat 10 the h~.aHh,
and welfare oithe citizens of Monroe COmity; and
WHEREAS, this mteriln Development Ordinance constltutes il vaHd exorcise of the
Cm.lnty}g police power and i~ otherwise consistent with Section 163.316, et setj.,P,S" which,
imer aita, encourages the use of innovative hmd developmCl:lt regulations including provisions
hke moratoria to implement the adoptod compn:heJ1Sivc phm; and
WHEREAS, the Board of County CommissioncrB <it a regular meeting on January 19,
2005, direc[ed staff to prepare an ordinance deferring accepUmee of applications for
redevelopment of marine fa.ci1lti{:;~ iDcluding commercial marinas I!l.nd the working waterfront
(boatyards. wet and dry storage, fish r.ou!les :md commereial fishing vessel dockage)
while rrtaff prepares amendments to the 2010 Comprehoosive Fla.'1 Mod Land Development
ROk;lllations; md
\VHEREAS~ fonowing direction of the Board of County Commissioners, the
Ma:nagement staff immediately und~ook the development of this J~t..mm Dcveiopment
Ordinance ood prepimtuol1 of a contrnct for the development of a pubHc watet access and marine
tacHities phm and implementation mealilures including Compt~hen$ivc Plan and LarA!
De-Jelopment Regulationg~ and
WHEREAS~ thePlannint;; Cotmniisjon l'\4s reviewed the draft Interim Development
Ordina.'1ce and recommended approval to the Board oI County Commissioners~ aud
WHEIUi:AS} the Board of County Commissioners has and considered the draft
InWrim Development Ordinance recommended by the Planning Commismon and Planning staff;
and
NOW* THEREFORE~ BI ORDAINED BY THE BOARD OF
COMMISSIONERS OF MONROE COUNTY. Fl,ORJDk
2125/2005
;2 Iff 5
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~jtetl(u! L The purpose and initmi of this lnter~m Development Ordinance is in accordance
v.ith. the Board of County Commissioners' directive ofJanuuj' 19, 2005, to prepm-e an interim
development ordinance to prevent further redevelopment <md cI.mve11.\ion of marine facHitic:"
inc:iuding commercial Marinas thfS working waterfront, to implement a po1icy of "No-Net-
toss" of public access to marine facmties whUe legislation is being prepared.
S!ectio~ 1. Redevelopment and conversion of existing uses md structures, !liS we4i in this
ordinance, htoludes me following:
. change of use from a Wi1lter dependent uge to a water enhanced or a non~water
depondent u~e of a tommercial mar,nl!.
$ Any division of uplands mdJiClf bay hottom of existing marine facilities into individilll!
parcels regardless of type of ownersbip.
@ Any modification, improvements or expansioH5 of existing marine fadlitiea resulting in
loss of public access ft'om both land and water to the waterfront and wateroody,
. Any change of use of the werking waterfront to a commercial madna or a non~water
dependent use.
S~tion 3.
The following definition~ apply in this ordinance:.
0' Existing uses Md atructures means those USes and :;uucture6 in existence prior to and
including February 28, 2005 ~
... Commercia! marina means a facllit; with threQ or more slips for the mooring, borlhlng,
attiring or securing watercraft !ind may include acceSlroiY retail and service uses, but
not inchuUng docks accessory ro land bltlsoo dwelling units or individual berths under
private ovroersmp,
'" Marine facility means commerciai marina"!, the working watl:rfront, md any other public
access point including boat lamps that provide jJuMic acceas to the :n3vignblc wators of
the state,
'i Public accef$S meanlii the ability of memhers of the public to phJ1licany rCilch, enter or use
Ii water-hody by either land or water.
'If Working waterfront IDeam Ii yl'lYcel or parcels of real property that provide access for
witer dependent boat yards, wet and dry l'wrage, fish house& (fish landing$l, processing
and packaging) and commercial fishing ve~8el dockll.ge; it does not meoo commercial
marinas for the dockage of pleuure cr;dl,
t' Wiief depondent use IUeJms !l use or portions of a use that tart only be carri~d out on, in
or adjooent to water area!> because ilie use requires acCe$S to the water hodyo
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.. Water enha11ced use means a Uil;;; that ig not a water dependent use but benefits
economically or aesthetically hy its location on the watlM'ttont; e'Xamples include
reiitil.urams, howls and re;;idential Uses.
Se~don ~t During the time this ordtnance is in effect all specified herein, there shaH be a
moratorium upoo the i!isuance of hui1d~ng permits, acceptance of development Elpplicatiol1S or
issuMce of development orders and development pennits within unincorporated Monroe County
concerning the redevelopment and conversion of marine facilities inclwJ.ing ~om..-nerc;nl marinag
and the working waterfront, except as provided herein,
Section ~. Exempt from this ordinanco is genetsl maintenance, repair and/or S-MCty
improvernerus,
Sectioo 6. Pursuant to its lawful authority and the pending legi;l.lation. doctrine as 11et forth in
Smuh v, City of C/.en.rwaUrr, 383 SQ.2d 631 (pIa" 2d DCA, 1980) the BoMd of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which allan remain in full foree and effect until the expiration of this legislation
withiu one year of its effective date OT whenever the pi/m and land development regulations
bocome effective, whichever comes fiTst.
Section 7: Vnti! expiration of tbis interim Development Ordinance nO building permit
application or planning approval for My dcvelopmoot or redevelopment that meet~ the cnteria
ror review identified in Section 2 hereof. shall be granted pUnlUant to an appHcatton or request
with a submittal date of March 1, 2005, or later,
Mtdo, 8; Any building permit application or planning approval with a subminal date of
February 28., 2005, or earlier shall be exempt from this [nteriln Development Ordinance.
Seet~, 9: As of the effective d~tc of this Ordinance no bUdding permit application Of
development approval meeting the criteria for review identified in Section 2 hereof, shaH be
accepted or processed by !.he Growth Management Division, except Hpplications exempt
hereunder and development awarded a vested rights determination pUr!;UMt to Section 11 hereof:
Section 10: This Ordinance ilihaH not be construed to prohibit the issuance of a building pennit
or planning approvai for any development OT redevelopme.nt that does not meet the criteria for
review idenhfied in Section 2 hereof that i8 allowed pursuant to the Monroe County Land
Development R.egulations and the 201 0 Comprehensive: Plm.
Seedon 11: Any property OWner advl:tr!ely affected by the proViSions of this. Interim
Dovelopment OrdinMtCe may 500\1.: Jl determination that the owner's proposed development or
rooev~lopmerH is vested againgt the pmvlsioru; oftnis Interim Development Ordinance. by filing
with the Director of Growth Management, together with an adrrtinistTativc fee in the amount of
$400, a vested rights application seUing fortIl facts establishing the applicant met, prior to the
date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested
rightt. standQroa sot forth in Section 9.5elBI, Monroe County cooe" Such application must be
filoo 110 tater than sixty (60) days after the effective date of this ordinance.
S~~ti(li.llll The County AIi'1l~nil;ltrat0r 16 directed to have the Growth Management DiVIsion
begin immediately preparing the draft text a:mendments and other Ilupporting studies in
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