2/14/1989 - Laserfiche WebLink

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The Board reviewed the following memo dated 1/4/89: TO: James Chandler, County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keati g,CP Community Developmt Director pp FROM: Robert M. Loeper 404- Staff Planner, Long -Range Planning DATE: January 4, 1989 SUBJECT: SEA OAKS REQUEST TO PERMIT "PUBLIC/PRIVATE DOCKS" IN RESIDENTIAL ZONING DISTRICTS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 14, 1989. BACKGROUND CONDITIONS: The regulation of docking facilities is one which is governed by a multiplicity of governmental regulations. These include federal, state and local laws affecting dredge and fill activities, navigation, natural resource protection, land use, and others. On sovereignty lands, dock construction is even more difficult. Sovereignty lands are those areas in which the state claims ownership - generally all submerged lands on navigable, natural waterways. Since the state owns the submerged bottomlands in these areas, an upland property owner who wants to construct a dock must lease from the state the submerged land over which the dock will be built. In leasing bottomlands, the state charges a fee to the leasee reflecting the value of the submerged land. The amount of the lease as well as the size of the facility allowed, however, are also based upon various public benefits such as the public access to be provided by the dock. To encourage public access to water, the state charges a lower lease fee and allows the construction of a larger facility for commercial docks than for private residential docks. According to the state's definition, a commercial dock is one where at least 50% of the berths are open to the public on a first-come, first-served basis. This definition conflicts with county regulations. Commercial 'docks in the county are allowed only in commercially zoned areas. While the county allows multi -slip docking facilities in conjunction with residential developments, these docks are only allowed when accessory to the residential use. This means that the docks can be used only by residents of the development. Because no slips in accessory multi -slip docking facilities may be rented to the public, such docks do not qualify for the reduced lease rates and expanded lease area available to docks meeting the state commercial criteria. In order to allow private multi -slip docks to qualify for the more liberal lease and size criteria, Sea Oaks Development Company has requested that the county's code be amended to allow limited public use of multi -slip docking facilities associated with residential developments. This request is to establish a mechanism to permit public/private docking facilities which allow public access in multi -family developments or residential subdivisions. 15 FED 141999 Dou 76 F'A.,E 8U