Resolution 434-1989
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Planning Department
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RESOLUTION NO. 434_1989
A RESOLUTION CORRECTING AND AMENDING RESOLU-
TION NO. 296-1989 WHICH RATIFIED AND ADOPTED
THE 1989 ANNUAL ASSESSMENT OF PUBLIC
FACILITIES CAPACITY REPORT PREPARED BY THE
DIRECTOR OF PLANNING PURSUANT TO SECTION
9 . 5 - 291 , ET SEQ. , MONROE COUNTY LAND
DEVELOPMENT REGULATIONS.
WHEREAS, Monroe County Resolution No. 296-1989, a copy of
which is attached hereto, was defective as signed due to a
printing error which omitted Section 3 of that Resolution, and
WHEREAS, the omission of Section 3 was merely a scriveners
error, and
WHEREAS, the Board originally intended to include Section 3
in Resolution No. 296-1989, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. Resolution No. 296-1989, a copy of which is
attached hereto, is hereby amended by adding Section 3 which
reads as follows:
"Section 3. The annual public service capacity report
indicates that projected growth within the subsequent
twelve months could occur in the following areas which
have inadequate transportation service capacity:
a) MM 4-6 (Stock Island, Key Haven) L.O.S. F
b) MM 9-11 (Big Coppitt) L.O.S. F
c) MM 29-35 (Big Pine Key, West Summerland L.O.S. E
d) MM 84-91 (Windley Key, Plantation Key) L.O.S. F
e) MM 106-107.5 (Key Largo) L.O.S. E"
Section 2. The Clerk of the Board is hereby directed to
forward a certified copy of this Resolution to the Department of
Community Affairs for its review.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 21st day of July, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY, /III-if:! ~1fft,
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
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Planning Department
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RESOLUTION NO. 2?6 -1989\
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A RESOLUTION RATIFYING AND ADOPTING THE 1989
ANNUAL ASSESSMENT OF PUBLIC FACILITIES CAPACI-
TY REPORT PREPARED BY THE DIRECTOR OF PLAN-
NING PURSUANT TO SECTION 9.5-291, ET SEQ.,
MONROE COUNTY LAND DEVELOPMENT REGULATIONS;
FURTHER IDENTIFYING THOSE AREAS WHICH MAY
HAVE INADEQUATE SERVICE CAPACITY; MAKING
SPECIFIC FINDINGS THAT ALREADY ALLOCATED
DEVELOPMENT RIGHTS IN AREAS OF POTENTIALLY
INADEQUATE CAPACITY SHOULD BE PERMITTED TO
DEVELOP; AND IDENTIFYING FUNDING SOURCES; AND
INSTRUCTING THE PLANNING DIRECTOR TO PREPARE
A CONCURRENCY MANAGEMENT SYSTEM.
WHEREAS, the Monroe County Land Development Regulations,
Section 9.5-291, et seq., require that the Board of County
commissioners adopt an annual assessment of public facilities
capacity each year; and
WHEREAS, it is desired to accept the report prepared by the
Planning Director; and
WHEREAS, the report indicates the service areas which may
have inadequate available capacity to serve residential and non-
residential growth and development in the sUbsequent twelve'
months; and therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The annual assessment of public facilities
,
capacity report, attached hereto and incorporated by reference,
prepared by the Directo,r of Planning dated February, 1989, is
hereby approved pursuant to Section 9.5-291, et seq., Monroe
I
County Land Development Regulations.
Section 2.
The Board herepy specifically finds that the
County should consider alternative methods to provide for addi-
tional capacity in the affected service area, and provide for
rational permitting procedures,
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whi~h will ensure that development approvals are conditioned so
as to minimize the likelyhood of reaching inadequate facility
,
levels of service, and would therefo~e be preferable to motatoria
or to the permit allocation process which is presently dictated
by the County's Comprehensive Land Use Plan, Vol. II, to-wit:
a) Sec. 2-102(A)(3) which requires the County to "es-
tablish a land use management system that promotes orderly
and balanced growth in accordance with the capacity of avail-
able and planned public facilities and services;" and
b) Sec. 2-102(A)(4) which requires the County to "pro-
vide for affordable housing in close proximity to places of
employment in Monroe County;" and
c) Sec. 2-102(A)(5) which requires the County to "es-
tablish a land use management system that supports a diverse
and sound economic base;" and
d) Sec. 21-102(A)(6) which requires the County to
"protect the constitutional rights of property owners to own,
use and dispose of their real property;" and
e) Sec. 2-109 which requires the County to preserve
"existing community character;"
f) Sec. 2-110(A)(1) which requires the County, inter
alia, "To ensure that all development is served by adequate
public facilities."
Sed. 2-110(A)(2) "To ensure that public services are reason-
ably available to all economic segments of Monroe County."
g) Sec. 2-112 (B)(l) which requires the County, inter
alia, "To limit the location and intensity of future growth
and development to that level that can be reasonably support-
I
ed by existing and planned public or private facilities which
can be self supporting in an environmentally sound manner."
"To equitably distribute the burden of implementing a growth
management plan on the owners of all land."
"To promote infill development through bonuses and incentives
available through a discretionary review procedure."
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MM 92.5 due to projected
landfill of less than
a) Area north MM 92.5 service by the Key Largo
landfill.
1) Amend the MCLDR to allow landfill heights
to exceed 35 feet with a maximum of 65
feet, subject to meeting strict recycling
objectives.
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2) Continue with implementation of the Solid
Waste Management Program as adopted by
the Board o~ County Commissioners facili-
ties county-wide to relieve growth pres-
sure on Key Largo by continuing with the
near term acquisition plans for expansion
on Long Key and Cudjoe Key and long term
acquisition plans for composting, recy-
cling and transfer sites in other areas,
and at site(s) in Dade County.
3) Utilize revenues currently raised by the
Municiple Service District (MSD) service
charges and/or special assessments.
4) Creation of a surcharge on all solid
waste
service
charges and/or special
assessments.
5) Increase the solid waste impact fees.
6) Utilize the Monroe County Land Authority
to accelerate the purchase of additional
(the Authority) sites.
The Authority
will purchase the site(s) up front and
then convey them to the County as County
funds become available.
7) At the North Key Largo landfill site,
move the existing communications tower to
provide for an additional 2.5 acres of
landfill capacity.
Section 7.
I
Pursuant to the requirements of
Sec.
9.5-292 et seq. the Director of Planning is hereby directed
to prepare and initiate a concurrency management system as
described in the proposed "Settlement Agreement" between the
Department of Community Affairs and the County.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the~day of /I/.'}- , A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By8.$tR/J
Mayor/Chairman
(SEAL)
Attest:D~ J,.. ~OLHAGE. ~~
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Clerk
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 1305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHiTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
July 28, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
p-O;( 7 - /'3(P -~/O
Department of Community Affairs
Rhyne Building
2740 Centerview Drive
Tallahassee, Florida 32399
and
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Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
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Gentlemen:
At a Regular Meeting in formal session on July 2f'
1989, the Board of County Commissioners of Monroe County
adopted Resolution No. 434-1989 correcting and amending 'I
Resolution No. 296-1989 which ratified and adopted the 1989
Annual Assessment of Public Facilities Capacity Report pre-
pared by the Director of Planning pursuant to Section
9.5-291, et seq., Monroe County Land Development
Regulations.
Enclosed please find a certified copy of said
Resolution.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
by: .~
Rosalie L. onnolly
Deputy Clerk
cc: Mayor M. Puto
Commissioner E. Lytton
County Attorney R. Ludacer
County Administrator T. Brown
Asst. Co. Admin. D. Craig
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.SENDER:' Complete Item. 1 end 2 when .ddltlone' ..rvlce. ere desired, end complew Item. 3
Ind4. .
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