County blesses land-use changes

Commissioners approve waterfront amendments without reading them

BY TIMOTHY O'HARA

The Citizen

The Monroe County Commission approved a series of changes to its land-use plan dealing with maintaining working waterfronts and marinas, despite objections from the county's top planner who said the changes probably will not be approved by the state.

The amendments were brought to the table during a commission meeting Monday by a developer's attorney, Jerry Coleman, which gave county planning staff no opportunity to review them. The commission voted 3-2 on the amendments, with commissioners George Neugent and Sylvia Murphy dissenting.

Coleman took out language by county planners that called for "no net loss" of working marinas or boat slips. One of his amendments replaced language requiring that waterfront developers "ensure public access and creation of public spaces in the redeveloped area," instead requiring public access only in public areas. Another amendment changed wording that recognized the "critical need for boat yards and other vessel servicing facilities" to the "important role of economically viable boat yards and other vessel servicing facilities."

Coleman also added language that called for the county to encourage the preservation and "enhancement" of recreational and "economically viable" commercial working waterfronts.

That amendment could give developers much more flexibility in their plans if they determine an existing use is not "economically viable."

In fact, Coleman questioned the viability of commercial fishing in the Keys, noting that one day all the lobster traps could be removed because of stricter fishing laws. Coleman and others argued that commercial fishing is no longer economically viable because of fishing laws.

Planning Commission member and marina owner Sherry Popham, who worked on the staff's amendments, challenged those statements, arguing that some of commercial fishermen's biggest threats are land owners selling off dock space. Popham also called the "no net loss clause" the "heart and soul" of the document.

"Commercial fishing is being impacted from development, and much of the development is done because it is more profitable," Popham said. "Fishing laws aren't the only thing forcing fishermen out."

The county must now obtain approval of the amendments from the state Department of Community Affairs, which oversees growth in Monroe County. After the meeting, county Growth Management Director Andrew Trivette told County Commissioner Mario Di Gennaro that the state "will send them back" for corrections.

Coleman, who is working on behalf of the owners of Robbie's Marina, submitted seven pages of changes to documents county staff had planned to submit to the state. He submitted his amendments to the County Commission before getting up to speak about them during the public comment portion of the meeting.

Trivette objected to the changes and said that Coleman had submitted proposals prior to the meeting, but they did not include the ones he brought before the commission Monday.

"The data and analysis is not substantial enough to support approval by the DCA," Trivette told the full commission.

The county can only send two sets of comprehensive plan changes to the state per year.

Commissioner George Neugent questioned how commissioners could approve amendments they had not yet read based only on Coleman's presentation.

Commissioner Di Gennaro argued that he carefully listened to the presentation and believes "what they are doing in Stock Island is going to benefit the county," he said after the meeting.

"I believe in people's property rights," Di Gennaro said.

The owners of Robbie's Marina and others plan to build upscale marinas, residential housing and transient housing along Shrimp Road in Stock Island.

tohara@keysnews.com

Published on Tuesday, February 5, 2008