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As expected, Florida's Department of Community Affairs (DCA) turned down the county's proposed "working waterfront" plan, with a long list of objections.  The South Florida Regional Planning Council, an advisory board, earlier recommended rejection.  Details are in the following article from the December 15 Keynoter.

DCA nixes waterfront plan

By Alyson Crean acrean@keynoter.com


 

Definitions and goals all called vague

State objections to Monroe County's plan to protect its working waterfront came as no surprise to most county officials after the ordinance designed to do so failed to gain approval from the South Florida Regional Planning Commission in October.

“I think the goal now is to not lose our momentum in sending up something acceptable based on the recommendations by the [Department of Community Affairs,” said County Commissioner George Neugent, who has led the charge to protect traditional fishing industry in the Keys.

On Dec. 7, DCA kicked back the county's working-waterfront ordinance with a long list of objections and recommendations to fix the problems. In a letter to Mayor Sonny McCoy, DCA Comprehensive Planning Chief Mike McDaniel explained that DCA supports the concept of preserving the working waterfront but that “several concerns must be addressed.”
 


 

Like the Planning Council, DCA's biggest objection had to do with vague language in the ordinance.

“Vague language,” McDaniel wrote, “does not provide meaningful and predictable standards or provide meaningful guidelines for how the activities will be implemented....”

Among the specific objections:


 

 

  • The proposed ordinance does not define phrases such as “evolving community character,” “public values” and “reasonable limits.”

  • The policy calling for regulatory incentives lacks meaning because it does not provide specific incentives, nor does it outline criteria that would “ensure continued commercial, recreational and public access.”

  • The proposal does not clearly define “traditional maritime activities.”


     

  • It includes several “offshore” islands that could be home to marinas, and DCA says the county's own policy does not allow marinas on “offshore” islands. In addition, for offshore islands, the county cannot create new bridges, causeways, paved roads or new commercial marinas.

  • The ordinance does not address “potential water-supply issues for the proposed increase in density and intensity.”

    “The proposed objective states the loss of working waterfront in one geographic area must be balanced by a gain elsewhere.” That, according to the report, “could result in an oversupply of working waterfronts in one area of the county and an undersupply in other areas.”

    DCA recommends solving the problem by applying the concept of no net loss within regional areas of the Keys rather than countywide.

    The County Commission approved the waterfront preservation ordinance in September with a last-minute addendum that would allow construction of a hotel on the waterfront where current zoning would not allow one.

    In DCA's objections, that amendment conflicts with the county's land-use plan, which prohibits new transient residential units including hotel and motel rooms. A new hotel would also be higher density than the zoning on the working waterfront allows.

    The county has been working for nearly three years to come up with a plan to retain public access to the waterfront and ensure commercial fishing is not made extinct by high-end condos.

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