Preservation of Recreational and Commercial Working Waterfronts

Transcription

1 Session Title: Planning for Working s Preservation Wednesday, November 1, :25pm Preservation of Recreational and Commercial Working s Marlene Conaway Florida Department of Community Affairs, Division of Community Planning 115

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3 Preservation of Recreational & Commercial Working s Department of Community Affairs FAPA September 2006 Working s Presentation 2005 Legislation Required Comprehensive Plan Amendments FS 163 DCA Technical Assistance Model Future Land Use Options Grouper City/County K. Marlene Conaway Department of Community Affairs Working s Legislation In 2005, the Florida Legislature passed House Bill 955 and Senate Bill 1316 entitled Property. Effective January 1, Amended in 2006 to include hotels and motels. The Legislation Defines Working s. Amends Chapter 163 FS to require preservation consideration in Comprehensive Plans. Florida Program. Tax deferral Incentives. Definition: Recreational and Commercial Working A parcel or parcels of real property that provide access for water-dependent commercial activities, including hotels and motels as defined in s (1), or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or location on, over, or adjacent to a navigable body of water. Section , F.S. Definition: Recreational and Commercial Working Water dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. Section , F.S. 117

4 Definition: Recreational and Commercial Working Public lodging facilities, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water are all included in the definition. (Seaports are excluded from this definition.) Section , F.S. Why Should Working s be Protected? Commercial s Historical significance for Florida coastal cities. Marine Industries account for an economic output of $14 billion per year. Provide Floridians with 180,000 jobs. Bring more diversified economy to coastal communities. Why Should Working s be Protected? Recreational s Provide Floridians and tourists with access to the water. Florida has the highest amount of marine recreation in the US. Public boat ramps account for an economic impact of $1.3 billion per year Provide Floridians with 25,000 jobs. Generate $128 million in state and local tax revenue. 118

5 Some Driving Forces Behind Working Conversions Skyrocketing coastal property values. High and unpredictable property taxes. Increase in regulation of commercial fishing to protect reduced fishery stocks. Confusing and time consuming regulatory processes for expanding or creating new working waterfronts. Increase in cheaper imported seafood. Rising fuel costs. DCA Responsibilities Technical Assistance. Local compliance with State Statutes. Evaluation and Appraisal Report (EAR) -7 years. EAR based amendments. Review of text and Future Land Use Map amendments. Comprehensive Planning Requirements Future Land Use element for coastal counties include: Regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfronts (as defined in s ). Chapter (6)(a), F.S. Comprehensive Planning Requirements Recreation and Open Space element include: Waterways in the comprehensive system of public and private sites for recreation. Chapter (6)(e), F.S. Comprehensive Planning Requirements Coastal Management element include: Strategies that will be used to preserve recreational and commercial working waterfronts (as defined in F.S ). Chapter (2)(g), F.S Model Alternative Working Ordinance Technical Assistance to Local Government: Model Prepared with the Conservation Clinic University of Florida College of Law. Grouper City/County Working Program Will be available at the DCA website 119

6 Model Alternative Working Ordinance Data and Analysis Inventory and characterize - All recreational/commercial working waterfronts, waterways, existing right-ofways, easements, view scapes, anchorages,.and all facilities that provide essential support services. Model Alternative Working Ordinance Data and Analysis Analyze: Character; Economic Base; Supply/Demand; Water Dependent/Non- Water Dependent; Future Development Potential of Under Utilized Sites. Trends, Threats. Can a LOSS be developed? Define terms Statutes, 9J-5, Local. Water Dependent Use. Water Related Use. Public Water Access. Industrial and Commercial. Public lodging. Recognize Competing Uses/Conflicts. Recreational Marina vs. Commercial Fishing. Access for the Public vs. Commercial and Industrial Uses. Visual Access vs. Boat Barns, Boat Building. Condominium vs. Public Lodging, Marinas. Comprehensive Plan Amendment* Goals, Objectives and Policies. Coastal Management Element.. Recreation and Open space Element. - Alternative Coastal Management Element Goal Ensure Public Access. Working Advisory Committee. Develop Strategies to Protect and Promote Public Access-Recreation and Commercial. *exempt from twice a year limit 120

7 Coastal Management Element Maintain/Expand existing access. No Vacation of Publicly Owned Access. Managed Anchorage and Mooring Fields. Encourage Use of Private Lands for Public Access: Incentives, maintenance reimbursement, Liability Waiver Statute. Coastal Management Element Public Acquisition Program. Acquisition Strategies. Based on Inventory/Need Analysis. Funding Source. Coastal Management Element Incentive to Reduce Pressure for Conversion: Property Tax Deferral Program*. *Deferred Taxes Must be Paid in Full if Property Changes Ownership or is Converted. Recreation and Open Space Element Goal Create a Publicly-Accessible Linked System of Waterways. Based on Data and Analysis. Protect Environmental Values. Identify Future Access Opportunities, Integrating with Working s. - Alternatives Goal Promote and Preserve the Recreational and Commercial Working. Establish RCWW Future Land Use Category. (or Overlay) and Apply to Lands Bordering Navigable Waterways and Water Bodies. Alternatives Only Water Dependent Uses Permitted As-Of-Right in the RCWW, or Permit Residential and Other Non-Water Dependent Uses if the Use Will Not Affect the RCWW Functions, or Conversion Results in No Net Loss 121

8 Consider Specific Districts for Commercial vs. Recreation vs. Industrial waterfronts. Determine Policy on Conversion Between Uses ex. Commercial Fishing to Marina. Conditional Use to Convert. Regulatory Incentives and Criteria. TDR to Increase Intensity of Use. Density Bonus w/access. Public Access Exaction or Impact Fee. Expedited Land Use Approval. Goal Preserve, Protect and Enhance the Cultural Heritage and Aesthetic Character. Overlay District w/ Use Restrictions, Dev. Regs. and Guidelines for RCWW. Consistent Design Guidelines for Specific areas within RCWW. Design Guidelines should consider: Setbacks, Architectural Conformity, Visual Access to the Water, Physical Access, Circulation, Scale, Height of Buildings, SWM, Signage, etc. Promote Traditional Maritime Activities. Permit Commercial Vessels and Trap Storage and Maintenance in All Districts w/in the RCWW. Notice that Traditional Maritime Activities are a Preferred Use. Visual Access Regulations and Incentives. Protect Public View by Enforcing Yard Setbacks, Height Restrictions on Bldg, Fences and Other Structures. Include Visual Access in Land Acquisition Program Less than Fee Simple. 122

9 Questions? Contact DCA K. Marlene Conaway ate.fl.us) Jennifer Carver (850)