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Resolution 241-2006 RESOLUTION NO. . 241 -2006 A RE.SOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING INTERIM DEVELOPMENT ORDINANCE NO. 017-2005 DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR THE REDEVELOPMENT AND CONVERSION OF MARINE FACILITIES INCLUDING COMMERCIAL MARJINAS AND THE WORKING WATERFRONT UNTIL LAND DEVE:LOPMENT 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 RESOLUTION OR WHEN THE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST. WHEREAS, the Monroe County Board of County Commissioners make the following findings 0 f facts: 1. On July 20, 2005 the Board of County Commissioners adopted Ordinance No. 017-2005 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 a[l~ drafted; and 2. Section 10 of Ordinance No. 17-2005 provides that the ordinance shall stand repealed as of II :59 p.m. on the 270th day after the effective date of the Ordinance, unless repealed sooner by the Board of County Commissioners or upon the adoption by the Board of County Commissioners and approval by the Florida Department of Community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. 3. Ordinance No. 17-2005 directed staff 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. 4. Unless extended, Ordinance No. 17-2005 expires and stands repealed on July 11,2006. 5. The Board of County Commissioners adopted the Marine Management Strategic Plan on March 15,2006. 6. The tasks of preparing and adopting amendments to the Land Development Regulations and the Comprehensive Plan to protect the against the loss of working waterfronts and public access due to the redevelopment of marine facilities and the working waterfront, including boat yards, wet storage of vessels and boats, fish houses and commercial fishing vessel dockage, commercial marinas have not been completed. Working Waterfront Resolution 5-25-06 10f3 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Interim Development Ordinance No. 017-2005 is hereby extended for 365 days after the original expiration date of Ordinance No. 017-2005 which new expiration date is JulylO, 2007 or when the amendments to the land development regulations and comprehensive plan to facilitate preservation of working waterfront areas become effective, whichever comes first. Section 2. All exemptions as stated in Section 4 of Ordinance No. 017-2005 and all application of ordinance as stated in Section 5 of Ordinance No. 017-2005 shall remain. Section 3. All deferrals as stated in Section 6 of Ordinance No. 017-2005 shall remain. Section 4. If any section, subsection, sentence, clause, item, charge or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. This resolution shall be transmitted to the Florida Department of Community Affairs pursmmt 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 recognition 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 welfare". Section 6. This resolution shall be filed in the Office of the Secretary of State ofthe State of Florida. The remainder of this page left blank. Working Waterfront Resolution 5-25-06 20f3 Working Waterfront IDO Extension PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on theZlst day of June ,2006, Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner David Rice Commissioner Glenn Patton Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE C TY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DA~ K~E,CLERK By:~ ...~ Deputy Clerk 3: r-3 - ~ 0 0 ~ % l> r= :::0(")% t... r11 c: or2 r- <::I "'::>:-< N ..." ", r 0 0'" <7\ ::0 C:-:;1J-;: :-c;:o CJ - :;0 -I " :x rT1 -<1..-'...,,- -I'~ C") . . )> - 0 .." C) - ::0 r- r-q W 0 l> Working Waterfront Resolution 5-25-06 30f3