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County scraps working waterfront rules

In late May, Monroe County decided to scrap its proposed Comprehensive Plan amendment which would have allowed increased density and large hotel projects in what has traditionally been "working waterfront".  In the process of developing the rule changes, the concept of "no net loss" of maritime uses had gotten lost.  The state had rejected the 2008 version of the reworked plan, and the Navy opposed increased densities and the hotel proposals.  Last Stand had joined, as an intervener, in  the legal challenge to the rule change as the county tried to rework it... in our opinion, wrongfully accommodating the developers.

UPDATE:  Following intense lobbying by developers, there was an attempt in June to revive the plan, but a majority of commissioners voted to kill it, and the Comp Plan amendment was officially rescinded at the June BOCC meeting.

The following article describes the BOCC's scrapping the plan in May.  The article appeared in the June 2 (2009) Key West Citizen.

County scraps new working waterfront rules

By TIMOTHY O'HARA Citizen Staff

The Monroe County Commission on Wednesday agreed to start from scratch to write rules for redeveloping working waterfronts, instead of trying to salvage its latest in a string of controversial versions.

The rules are designed to protect marinas and commercial fishing from being turned into posh condos and high-end marinas.

The commission agreed to go back to the drawing board after Naval Air Station Key West officials challenged the county's latest proposal, saying it called for increases in the number of homes and hotels along Safe Harbor in Stock Island, an area under a Navy fighter jet path and prone to loud jet noise.

The county and Navy recently agreed to work more closely on development issues around Boca Chica Field. For two years, the two sides have argued about development and noise around the base. The county recently asked the Navy to stop flying a loud fighter jet, the F/A-18 Super Hornet, and the Navy requested the county stop approving home developments around the base.

"We are making a good faith effort and are asking for the Navy to show good faith," County Commissioner Mario Di Gennaro said after Wednesday's vote. "We can work together to get things done. We need the Navy to come to the table and help us out. ... I'm reaching out to the Navy."

The commission voted 3-2 to scrap the proposed rules, with Commissioners Heather Carruthers and Sylvia Murphy dissenting. They were concerned the Navy would successfully lobby the Department of Community Affairs to reject the county's proposal, and they wanted the planning staff to research how more hotels and homes would affect traffic and fire and other emergency services on Stock Island.

The Navy adamantly opposed new densities for permanent homes and hotels, said Navy base business manager Ron Demes.

County Growth Management Director Andrew Trivette agreed the state likely would not approve the county's proposal.

The rules would have required the owners of marinas and other waterfront commercial property to preserve 40 percent of their land for traditional working waterfront activities such as commercial fishing, trap storage, seafood processing and boat repair and storage. If landowners set aside 50 percent to 60 percent of land for working waterfront, the county would have allowed them more dense residential and hotel development.

Previous versions of the proposal called for no net loss of working waterfront.

County planners proposed a hotel density of six units per acre, and 12 units per acre if nothing outside of a hotel were developed on the property, such as other buildings or parking lots.

The state in 2008 rejected an earlier version of the county's proposal, saying it did not do enough to protect working waterfronts, allowing too much residential and hotel development.

tohara@keysnews.com

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