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Download Ordinance MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHITEHEAD STREET, SUITE 101 PLANTATION KEY KEY WEST, FLORIDA 33040 GOVERNMENT CENTER TEL. (305) 294-4641 88820 OVERSEAS HIGHWAY FAX (305) 295-3663 PLANTATION KEY, FLORIDA 33070 TEL. 852-7145 BRANCH OFFICE: (305) FAx (305) 852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289-6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAX (305) 289-6025 www_C1erk_0f_the_COurt_Com TEL. (305) 352-7145 FAX (305) 853-7440 March 7, 2013 Municipal Code Corporation PO Box 2235 Tallahassee FL 32316-2235 Via e-mail To Whom It May Concern: Attached please find a copy of Ordinance No. 009-2013 re-adopting Ordinance 036- 2012 which amended Chapter 26 of the Monroe County Code (Waterways) to provide for “Article V and Anchoring Mooring Restricted Areas”, specifically including Attachment “B” missing from Ordinance 036-2012 This Ordinance was the Monroe adopted by County Board of County Commissioners at a Regular Meeting, held in formal session, on February 20, 2013. Please file for the record. Should have you any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: Growth Management via e-mail County Attorney via e-mail File ORDINANCE NO. 009 -2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RE-ADOPTING ORDINANCE 036-2012 WHICH AMENDED CHAPTER 26 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR “ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS”; SPECIFICALLY INCLUDING ATTACHMENT “B” MISSING FROM ORDINANCE 036-2012; PROVIDING FOR [\.)[\.)>—d>—->-An--—>--sv—A»—->—-»—a»—- '-‘O\O0O\lO\U1-l>UJl\)*#©\OOO\lO\UI->UJt\)v-‘ SEVERABILITY; PROVIDING FOR REPEAL OF 22 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 23 AND AN EFFECTIVE DATE; PROVIDING FOR 24 CODIFICATION; PROVIDING FOR AN EXPIRATION 25 DATE. 26 27 28 WHEREAS, Ordinance No. 036-2012 (Ordinance) was passed on October 17, 2012, by 29 the Monroe County Board of County Commissioners and was filed with the Secretary of 30 State on November 2, 2012; and 31 32 WHEREAS, Ordinance No. 036-2013 is effective; and 33 34 WHEREAS, Sec. 26-102(b) of the Ordinance provided for “No Anchoring Buffer 35 Zones”; and 36 37 WHEREAS, legal descriptions of the “No Anchoring Zones” were provided in the text 38 of the Ordinance in Sec. 26-102(b)(1) ; and 39 40 WHEREAS, the Ordinance referenced Attachment B, maps of the “No Anchoring 41 Zones”, in Sec. 26-102(b)(1) to illustrate the legal descriptions in the text; and 42 43 WHEREAS, Attachment B was not included at the time of the public hearing on October 44 17, 2012; and 45 46 WHEREAS, it is the intention of this ordinance to re-adopt all of Ordinance 036-2012 47 along with the missing Attachment B, now attached hereto; 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 50 OF COUNTY COMMISSIONERS: 51 52 SECTION] 54 Ordinance 036-2012 is readopted in its entirety to provide the text and attachments 55 in one document as follows: 56 57 58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 59 COUNTY COMMISSIONERS AMENDING CHAPTER 26 60 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR “ARTICLE V ANCHORING AND 62 MOORING RESTRICTED AREAS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 65 AND AN EFFECTIVE DATE; PROVIDING FOR 66 CODIFICATION; PROVIDING FOR AN EXPIRATION 67 DATE. 68 69 70 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The Boating Impacts Management Plan Final Report which documented liveaboard vessel 72 impacts associated with unmanaged anchorages throughout the Keys; and 74 in 2002 WHEREAS, the Monroe County Department of Marine Resources prepared a 75 Keys-Wide Mooring Field System Preliminary Planning Document which included an 76 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key 77 Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized 78 the need to address negative boating impacts associated with those unmanaged 79 anchorages; and 80 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the 82 Development of a Boating Management Plan for the Boca Chica Harbor Area which evaluated a variety of boating impacts in that anchorage area and provided options for 84 managing anchoring activity, but recognized the lack of authority (at that time) provided 85 to the County to regulate vessels other than liveaboard vessels; and 86 87 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in consultation with the Florida Department of 89 Environmental Protection, to establish a Pilot Program to explore potential options for 90 regulating the anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public mooring fields (327.4105 F.S.); and 92 93 the WHEREAS, goals of the Pilot Program are to encourage the establishment of 94 additional public mooring fields and to develop and test policies and regulatory regimes 95 that: the establishment and promote use of mooring fields, promote public access to 96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect 97 marine and environment, deter improperly stored, abandoned or derelict vessels; and 98 99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 101 each of which operate public mooring fields; and 102 103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter- 104 local with the Agreements Cities of Marathon and Key West on February 17, 2010 105 providing for coordinated partnerships in the FWC Pilot Program; and 106 107 WHEREAS, the Monroe County Marine Resources Office retained consultants to 108 complete vessel surveys inside and outside of public mooring fields at Key West and 109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder 110 workshops to take public input on anchoring and mooring issues and potential regulatory 111 regimes, in accordance with the criteria of the FWC Pilot Program; and 112 113 FWC staff evaluated WHEREAS, Monroe County’s vessel surveys, considered public 114 input provided at stakeholder workshops, and provided a recommendation to the FWC to 115 approve Monroe County for participation in the Pilot Program; and 116 117 at its 2011 WHEREAS, February meeting the FWC approved Monroe County as one of 118 five local governments in the state to participate in the Pilot Program, including St. 119 Petersburg, Sarasota, St. Augustine and Martin County; and 120 121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe 122 Board of County County Commissioners held numerous public meetings from 2009 to 123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring 125 impacts; and 126 127 the WHEREAS, Monroe County Board of County Commissioners provided direction at 128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 129 managed anchoring zones with accompanying regulations, and to coordinate with the 130 Cities of Marathon and Key West for the inclusion of ordinance language providing for 131 anchoring regulations in association with their respective mooring fields; and 132 133 WHEREAS, at the September 21, 2011 Monroe County Board of County 134 Commissioners the meeting Board received a request from a representative of Wisteria 135 Island to have West harbor Key included as a managed anchoring zone, and the Board 136 the inclusion of that approved area as a managed anchoring zone; and 137 138 WHEREAS, the Monroe County Board of County Commissioners provided additional 139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four be 140 managed anchoring zones, and revised the regulations for development to applied 141 within those zones; and 142 143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012 144 meeting accepted a request by the City of Marathon to include the greater Boot Key the and 145 Harbor area as a fifth managed anchoring zone, heard concerns from Navy, that 146 directed staff to include a prohibition on vessels within managed anchoring zones 147 exhibit conditions known to precede a derelict vessel condition, eliminate floating 148 structures language and eliminate USCG Auxiliary Vessel Safety Check language 149 pending a recommendation from the USCG; and 150 151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012 152 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica 153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring 154 zone to ensure the safety and security of the public; and 155 156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the 157 anchoring ordinance should not be over-reaching and not overburden transient boaters; 158 and 159 160 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to 161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 162 through vessel registration fees and contribute to DEP
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