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Settlement talks between Monroe County and Florida Department of Community Affairs (DCA) regarding Comprehensive Plan changes for "working waterfront" drag on in hopes of heading off the trial slated for December before a state Administrative Law Judge.  Interveners in the case and the settlement talks include the developers, the US Navy, and Last Stand.  The Navy quite sensibly argues that allowing increased residential density beneath the approach to NAS Key West is contrary to safety.  Last Stand agrees with the Navy on that point, and we advocate "no net loss" of marine facilities and public waterfront access.  The issues in play are described in the following October 19 editorial from the Key West Citizen:
'On the Waterfront' sequel coming soon

On Nov. 19 in Key Largo, a new -- or at least renovated -- Monroe County Commission will be seated. It will have a full plate of issues to delve into from the start -- including a room full of developers, feet tapping and blueprints in hand, waiting for a green light to move ahead with ambitious plans for Stock Island's Safe Harbor.

Their anxiety is palpable -- each week that passes without approval of their plans costs them money and increases the chance their financial backers will cut their losses and run. On the other hand, had those developers not attempted to circumvent every development regulation on the books and not stumbled over each other in an attempt to slip eleventh-hour goodies into land-plan amendments, Safe Harbor might today be bustling with bulldozers and construction crews.

Whether we sympathize with the plight of these developers -- or the attorneys from whom they have taken advice -- is not the issue. The Safe Harbor dilemma is central to several important issues that need to be quickly resolved. While we're reasonably sure this is not an epiphany for the new commission, we hope the newly reconstituted board will do a better job than the previous commission in considering the public's best interest. (We believe the public most eloquently expressed that sentiment in the primary election.)

A central issue that must be resolved before the commission blesses any additional development on Stock Island is that of compatibility with training operations at Naval Air Station Key West. The Navy has made it clear that it is not seeking to halt development in the areas of high noise and increased crash potential beneath the paths of training flights. It seeks only to ensure that such development is compatible -- which may reduce, exclude or require special measures for residential development in those areas. It doesn't take a rocket scientist to recognize the logic of that concern.

The next challenge is deciding whether the issue of preserving working waterfronts should be separated from Safe Harbor development issues through the creation of a special "deepwater harbor" zoning district. Valid arguments can be made on both sides of this debate. One thing is clear, though. Efforts to reshape proposed working waterfront regulations to fit developers' plans for Safe Harbor have eroded, if not completely undermined, the effort to preserve public access and historic commercial use of Florida Keys waterfronts. Developers' specious claims to the contrary are simply hooey.

Whatever decision the County Commission makes on Safe Harbor zoning, public input should be a significant part of the decision process. We hope never to see a repeat of the shameful afternoon when a majority of commissioners approved seven pages of "corrections" to a working waterfront ordinance -- without bothering to read them or take public comment -- just minutes after they were introduced by a marina owner's attorney.

The third and final challenge is also the genesis of the entire debate -- a working waterfront ordinance that amends the county's land-use plan. This is where the new commission should return to the beginning -- before the recommendations of an advisory committee, county staff and the Planning Commission were disregarded; before a planning commissioner quit in disgust at the commission's charade; before the state put a kibosh on land-plan amendments that were chock full of exemptions to development regulations.

We urge commissioners to revisit the original mission: "to protect and promote Monroe County's recreational and commercial working waterfronts; protect and improve commercial, recreational and public access to shorelines and waters ..., protect and enhance the cultural heritage and physical character of the area as a working waterfront community; and enhance the aesthetic character of the area by directing development in a manner that maintains the working waterfront identity of the county."

It's a tall order that will require the ability to see through smokescreens and endure much song and dance. But we're confident that the new commission, with priorities refocused on the public good, is up to the task.

-- The Citizen

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