Item E3
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor 'Shirley Freeman, Dist. 3
Mayor Pro Tem, George Neugent, Dist. 2
Commissioner Wilhelmina Harvey, Dist. I
Commissioner Mary Kay Reich, Dist. 5
Commissioner Nora Williams, Dist. 4
.
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP ~
Director of Growth Managell~lt l
October 18, 2000
DATE:
SUBJECT:
Revised Draft Memorandum of Understanding
Between DCA and Monroe County: Agenda Item E-3
Overview
Unfortunately at the 11 th hour, DCA staff decided that the proposed DCA-Monroe County
Memorandum of Understanding (MOU in your agenda package, concerning exemption of permits
from DCA review, was too radical. Therefore, the County staff has been busily negotiating
another agreement, which instead of identifying permits that are "not exempt" from DCA review,
identifies permits and activity that are "exempt." The attached negotiated MOU is a significant
improvement over the existing agreement and the staff recommends approval.
Summary of Changes
The proposed MOU expands the list of permits and activity exempt from DCA review to include:
· All single family new and replacement construction outside of wetlands and native habitat;
· Alterations to exteriors of structures, including attachments and other appurtenances;
· Includes all fences except on Big Pine and No Name Key;
. No limitations on re-roofing permits;
· All permits issued in accordance with a conditional use order;
· Installation of riprap, seawalls, boat ramps and, docks of 500 square feet;
· Installation of dock pilings, dolphin piles, boat lifts, davits, davit pads, and dock caps;
· Maintenance dredging;
· Construction of slabs and enclosures under all existing structures;
. Removal and cutting of trees; and
· Replacement and expansion of existing single family and mobile homes.
Attachment
C. ?
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE FLORIDA DEPARTAMENT OF COMMUNITY AFFAIRS
AND MONROE COUNTY
FOR A COORDINATED PERMIT REVIEW PROCESS FOR DEVELOPMENT
This modification to the Memorandum ofDnderstanding ("MOD") is being entered
into by and between the State of Florida Department of Community Affairs ("DCA") and,
Monroe County ("COUNTY") to provide better coordination between DCA and the
COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the
Monroe County Comprehensive Plan and land development regulations, as the same are
applicable to the COUNTY.
WITNESSETH
WHEREAS, the COUNTY is within an area that has been declared an Area of
Critical State Concern pursuant to Section 380.05 and 380.0552, Florida Statutes, and has
adopted a comprehensive plan and land development regulations, approved by the State as
required by law; and,
WHEREAS, the COUNTY is required to issue development orders only in
conformity with its approved comprehensive plan and land development regulations; and,
WHEREAS, DCA is authorized to appeal development orders to the Florida Land
and Water Adjudicatory Commission when DCA determines that the development order was
issued inconsistent with the Comprehensive Plan, land development regulations and
Principles for Guiding Development; and,
WHEREAS, DCA is the state land planning agency authorized to administer the
provisions of Chapter 380, Florida Statutes, and has promulgated rules in Chapter 9J-l,
Page 1 of?
Florida Administrative Code (F.A.C.), to provide for the form and manner of the renditions
of development orders issued by local governments within Areas of Critical State Concern;
and,
WHEREAS, DCA as provided in Rule 9J-1.002(3), F.A.C., does hereby exempt
certain categories of COUNTY development orders from DCA review; and,
WHEREAS, DCA and the COUNTY do mutually agree as follows:
L Exemptions.
A. DCA as provided in Rule 9J-1.002(3), F.A.C., does hereby exempt
certain categories of COUNTY development orders from DCA review.
B. The exemption is for development orders which are properly issued by the
COUNTY in accordance with its comprehensive plan and land development
regulations, and applies to the following types of development orders:
(1) New construction, expansion of the footprint of existing structures, or
impervious surfaces, on lots or parcels in Improved Subdivisions which
do not involve encroachment into disturbed wetlands, undisturbed
wetlands, beach berm habitat, or native habitat and which are not located
on open shorelines.
(2) New construction or expansion of accessory residential structures, on
scarified lots outside of Improved Subdivisions. *
(3) Expansion, replacement or restoration of single family dwellings or
mobile homes involving no increase in density, provided that the setbacks
to the shoreline or wetlands are not further encroached.
Page 2 of7
(4) Interior and exterior alterations, renovations or repair to existing structures
and their appurtenances and attachments.
(5) Electrical, plumbing and mechanical permit activity.
(6) Slabs and enclosures under existing structures, except those located in
both disturbed and undisturbed wetlands or beach berm habitats.
(7) Installation/repair or replacement of paver or concrete driveways with no
encroachment into wetland or shoreline setbacks.
(8) Demolition activity.
(9) All permits issued in accordance with an approved conditional use
development order.
(10) Installation, replacement or repair of rip rap revetments, sea-walls, boat
ramps, and parallel docks; and docks over 500 square feet in area with an
appropriate federal and state permit.
(11) Installation, replacement or repair of dock pilings, dolphin piles, boat lifts,
davits, davit pads and dock caps.
(12) Maintenance dredging.
(13) Fences other than on Big Pine Key or No Name Key.
(14) Containment walls around existing above-ground fuel tanks and
monitoring wells.
(15) Tree pruning, cutting, and removal outside of native habitat areas and
clearing of invasive exotic plant species.
Page 3 of7
(16) Temporary structures and uses which do not involve encroachment into
disturbed wetlands, undisturbed wetlands, beach berm habitat, or native
habitat and which are not located on open shorelines.
(17) Signage that does not require access through wetlands.
(18) Permits issued for life, safety and validated emergencies.
* The Department waives the right to appeal permits which fall under permit
exemption number two (2), however, as a condition of this agreement all
permits in this category must be submitted to the Department for monitoring
purposes for a period of three (3) months following the effective date of this
MOD. At the end of the three (3) month review period, the Department will
then re-evaluate whether any further submissions are needed.
II. Notice to Permittees and Cooperation.
A. With the exception of development orders exempted in Section I. above, the
COUNTY agrees to imprint all permits and development orders with cautionary
language stating that pursuant to Chapter 9J-l, F .A.C., the permit or development
order is not effective for forty-five (45) days after it has been properly rendered
to the DCA, that within the forty-five (45) day review period the DCA can appeal
the permit or development order to the Florida Land and Water Adjudicatory
Commission, and that such an appeal stays the effectiveness of the permit or
development order until the appeal is resolved by agreement or order. Permittees
shall also be advised of the applicable appeal period under the Monroe County
Land Development Regulations.
Page 4 of7
(
B. The COUNTY agrees to consult with the DCA on any permits for development
on all lots or parcels on open water affected by altered and unaltered shoreline
setbacks that have not been mutually designated as to their altered or unaltered
status prior to the COUNTY approving the permit for issuance.
III. Modification.
Modification to the MOU shall be valid only when reduced to writing and duly
signed by both parties.
IV. Miscellaneous.
If any term or provision of this Memorandum of Understanding shall be invalid or
unenforceable to any extent, the remaining terms and provisions shall not be affected
thereby; and each remaining term and provision shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms and provisions would prevent the accomplishment of the original
intent of the agreement between the parties.
V. Terminations.
Either party may terminate this MOU at any time, with or without cause. Termination
shall take effect within thirty (30) days, after receipt of written notification as
evidenced by a certified mail return receipt.
VI. Notification.
Notification to the DCA shall be directed to the Area of Critical State Concern
Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100 with a copy to the field office. Notification to the
COUNTY shall be directed to the Mayor, Monroe County Board of County
Page 5 of7
Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key West,
Florida 33040 with a copy to the Director of Growth Management, Monroe County
Growth Management Division, 2798 Overseas Highway, Suite 400, Marathon,
Florida 33050-2227.
VII. Effective Date.
This Memorandum of Understanding shall become effective upon execution by both
parties, and shall end upon the termination of the Florida Keys Area of Critical State
Concern designation, unless terminated earlier according to Section IV above.
VIII. Replacement of Previous MOU.
This MOU supersedes and replaces the permit exemption MOU between the DCA
and COUNTY signed by the DCA on March 23, 1995.
THE REMAINDER OF THIS PAGE IS LEFT DELIBERATELY BLANK.
Page 6 of7
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
DATE:
Atvy
ArrEST: DANNY 1. KOLHAGE CLERK
BY:
DEPUTY CLERK
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
BY:
SECRETARY
DATE:
Approved for Legal Sufficiency:
By:
Date:
Page 7 of7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2000
Bulk Item: Yes No X
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Approval of new Memorandum of Understanding between the Florida Department
of Community Affairs (DCA) replacing existing agreement providing from exempting certain development orders
from DCA review.
ITEM BACKGROUND: Under Chapter 380, Florida Statutes, DCA has authority to review and appeal any County
development order to the Florida Land and Water Adjudicatory Commission, if it finds that the development order
was issued inconsistent with the Comprehensive Plan and Land Development Regulations. Under the County's
existing agreement with DCA, 21 categories are listed as exempt from this review.
The change in the orientation of DCA to be more service oriented in the Keys and the excellent record of the County
in fulfilling it responsibilities to issue only development orders consistent with its comprehensive plan and land
development regulations has produced an opportunity to review the current agreement. Working with local DCA
staff, the Growth Management Division staff has prepared a revised agreement, which significantly expands the
types of development ordsers not subject to DCA review. In fac the proposed Memorandum of Understanding
(MOU) exempts all development orders review, except for 14 categories.
The proposed MOU, which replaces the existing agreement, will reduce the administrative costs of permitting and
wait-time for permits to become effective. It will also reduce the number of development orders for which applicants
routinely get exemption letter from DCA, but are still subject to DCA review.
PREVIOUS RELEVANT BOARD ACTION: The BOCC approved the existing MOU between the DCA and
County in February 1995, which revised an earlier MOU approved in September 1991.
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
REVENUE PRODUCING:
N/A
APPROVED BY: County Attorney X
OMB/Purchasing N/ A Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
Timothy J. MeGa
DOCUMENTATION: Included
x
To follow
Not required
DISPOSITION:
Agenda Item #: ~
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is being entered into by
and between the Florida Department of Community Affairs ("DCA") and Monroe County
("COUNTY") to provide better coordination between the DCA and the COUNTY in the
implementation of provisions of Chapter 380, Florida Statutes, and the Monroe County
Comprehensive Plan and land development regulations.
WITNESSETH:
WHEREAS, the COUNTY has been declared an Area of Critical State Concern
pursuant to Sections 380.05 and 380.0552, Florida Statutes, and has adopted a
comprehensive land use plan and land development regulations; and,
WHEREAS, the COUNTY is required to issue development orders only in
conformity with its approved comprehensive plan and land development regulations;
and,
WHEREAS, the DCA is authorized to appeal any COUNTY development order to
the Florida land and Water Adjudicatory Commission if the DEPARTMENT determines
that the development order was issued inconsistent with the Comprehensive Plan and
land Development Regulations; and,
WHEREAS, the DCA is the state land planning agency authorized to administer
provisions of Chapter 380, Florida Statutes, and has promulgated rules in Chapter 9J-1,
Florida Administrative Code (F.A.C.), to provide for the form and manner of the rendition
of development orders issued by local governments within areas of critical state concern;
and,
WHEREAS, the COUNTY has a proven record in properly rendering
development orders consistent with its Comprehensive Plan and land Development
Regulations; and,
WHEREAS, in recognition of the County's permitting records and staff
capabilities, the DCA, as provided in Rule 9J-1.002 (3), F.A.C., does hereby exempt
certain categories of COUNTY development orders from DCA review; and,
WHEREAS, the DCA and the COUNTY do mutually agree as follows:
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Page 1 of 4
I. Exemptions.
A The DCA, as provided in Rule 9j-1.002(3), F.AC., does hereby exempt all
COUNTY development orders which are property issued by Monroe
County in accordance with the County's comprehensive land use plan
and land development regulations, except as provided in this Agreement.
B. The following development orders are not exempted from DCA review:
(1) Conditional use orders;
(2) Beneficial use orders;
(3) Vested Rights orders;
(4) Rezonings;
(5) Development agreements and Developments of Regional Impact;
(6) Variances;
(7) New construction or expansion of the footprint of existing
structures and impervious surfaces on lots or parcels, which have
disturbed wetlands, undisturbed wetlands or beach berm habitats;
(8) New construction or expansion of the footprint of existing
structures and impervious surfaces on lots or parcels to be
developed that result in the clearing of any native habitat;
(9) Construction for non-residential use of new water-dependent
structures such as docks, rip-rap, seawalls, boat ramps, dock
pilings, dolphin piles, and anchored moorings;
(10) New construction or expansion of the footprint of non-water
dependent existing structures and impervious surfaces that
encroach upon wetland and shoreline setbacks;
(11) Fences on Big Pine Key and No Name Key;
(12) Docks requiring a length variance;
(13) Maintenance dredging;
(14) Permits for any activity in or through wetlands.
II. Notice to Permittees and Cooperation.
A For all development orders listed in Section I. above, except for (1)
through (4), the COUNTY agrees to imprint all permits and development orders with
cautionary language stating that pursuant to Chapter 9J-1, F.AC., the permit or
development order is not effective for forty-five (45) days after it has been properly
rendered to the DCA, that within the forty-five (45) day review period the DCA can
C:\temp\mouexempt. tim. doc
Page 2 of4
appeal the permit or development order to the Florida Land and Water Adjudicatory
Commission, and that such an appeal stays the effectiveness of the permit or
development order until the appeal is resolved by agreement or order. Permittees shall
also be advised of the applicable appeal period under the Monroe County Land
Development Regulations.
B. The COUNTY will continue to render to the DCA's Field Office in
Marathon, Florida, all development orders listed in Section I. above.
C. The COUNTY agrees to consult with the DCA on any permits for
development on all lots or parcels on open water affected by altered and unaltered
shorelines setbacks that have not been mutually designated as to their altered or
unaltered status prior to the COUNTY approving the permit for issuance.
D. The COUNTY and the DCA agree to continue to mutually cooperate to
ensure the proper and efficient administration of the COUNTY's Comprehensive Plan
and land development regulations and the continued reduction in the level of DCA
permitting oversight.
III. Modifications.
Except as provided in Section IV below, modifications to this MOU shall only be
valid when they have been reduced to writing and duly signed by each of the parties
hereto.
IV. Termination.
Either party may terminate this MOU at any time, with or without cause.
Termination shall take effect five (5) working days after receipt of written notification as
evidenced by a certified mail return receipt.
V. Notification.
Notification to the DCA shall be directed to the Secretary, Department of
Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
Notification to the COUNTY shall be directed to the Mayor, Monroe County Board
of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key
West, FL 33040 with a copy to the Director of Growth Management, Monroe County
Growth Management Division, 2798 Overseas Highway, Suite 400, Marathon, FL 33050-
2227.
VI. Replacement of Previous MOU.
This MOU supersedes and replaces the MOU between the DCA and COUNTY
signed by the DCA on March 23, 1995.
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Page 3 of 4
VII. Effective Date.
This MOU shall become effective upon the execution by both parties and shall
end upon the termination of the Florida Keys Area of Critical State Concern designation,
unless termination earlier according to Section IV. above.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
BY:
MAYOR/CHAIRMAN
DATE:
ATTEST: DANNY L KOLHAGE, CLERK
J;JJ~FORM
EGAL SU ~
BY ~
Attorney's Office '
BY:
DEPUTY CLERK
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
DATE:
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