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Monroe County's proposed ordinance to "save the working waterfront", aspects of which Last Stand has opposed, seems to have hit a snag.  The South Florida Regional Planning Council, which acts in an advisory capacity to the Florida Department of Community Affairs (DCA has oversight over Keys development rules) has given it a thumbs-down.  The plan is overly vague about how it would protect the environment and preserve the working waterfront, and it would allow residential development, as though that were the key to preserving marine facilities.  Florida DCA is expected to reject the proposed ordinance and send it back to Monroe County to be re-done.  From the November 2 News-Barometer:

Waterfront ordinance may sink early


BY STEVE ESTES
News-Barometer Editor


The South Florida Regional Planning Council has taken a somewhat dim
view of Monroe County’s working waterfront preservation proposal, which
was approved unanimously by the Board of County Commissioners in September.
The regional planning board, on which District Two County Commissioner
George Neugent sits, is another layer of review above Monroe County and
before the state Department of Community Affairs, which has final
authority over county land use decisions.


According to DCA spokesmen, the regional body isn’t a deciding
authority, but its input is heavily weighted, and may well cause DCA to
reject the proposal and send it back to the county for further work.
The regional planners said the wording of the ordinance was vague in
many cases, as it referred to managing the evolving nature of the Keys
waterfront.


They also questioned how the ordinance would protect the environment and
the classic working waterfront by allowing permanent residential units,
other than workforce, and hotels in the new Maritime Industries Services
zone.


Regional planning staff said the ordinance is generally inconsistent
with the supporting data used by the county to justify its origination.
Monroe County has been looking for ways to save a rapidly disappearing
waterfront as traditional commercial working waterfronts are sold to
luxury residential developers who place gated communities there and
restrict public access.


The new developments also usually displace commercial fishing fleets as
working docks become boat slips for owners, or rented space for visitors.
One of the problems the regional planning council had with the proposal
was a last-minute addendum to the ordinance tacked on by a Stock Island
development interest to allow hotels to be built in the MI district.
Monroe County has had a moratorium on new transient rentals for several
years.


There were many opponents to that addition in the audience when the BOCC
approved the resolution. Under the terms of the addition, the waterfront
hotels would be built outside ROGO because they would be built to
hurricane shelter standards, and therefore outside the moratorium as well.
The ordinance also approved a new height limit in that zoning district.
Where the building height limit is 35 feet from the natural grade in
every other district, the MI district as proposed would allow 35 feet
from the base flood elevation, which in some cases would allow buildings
of 43 to 44 feet in height.


The regional planning staff also said that the proposal did not take
into account existing infrastructure capacity, nor did it outline
specific requirements for the developments to upgrade infrastructure to
meet the needs of the new projects. The staff wanted more data analysis
of the developmental impacts on other areas of the Keys since the area
is served by only one major through road.


Even though the BOCC unanimously approved the resolution to forward to
DCA, Neugent said he wasn’t happy with the last-minute add on for hotels
and height limit.


“Personally I think what we’re sending won’t come close to passing DCA
muster and that we’ll get it back,” said Neugent.


Growth Management Director Drew Trivette said the commission did not
approve the version supported by the planning staff, and knew there were
problems that would draw scrutiny from other approving agencies.


DCA will make its determination after the comment period expires Dec. 8.

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