05/17/1995 AGREEMENT
THIS AGREEMENT is entered into by and between MONROE COUNTY
( "the County ") and the DEPARTMENT OF COMMUNITY AFFAIRS ( "the Depart-
ment").
WHEREAS, the Department is the state land planning agency
with the duty and responsibility of administering and enforcing the
provisions of Chapter 380, Florida Statutes; the Florida Environmen-
tal Land and Water Management Act of 1972; and the rules and regula-
tions promulgated thereunder, which include statutory and rule provi-
sions relating to Areas of Critical State Concern; and
WHEREAS, Monroe County, is an Area of Critical State Con-
cern pursuant to Section 380.0552, Florida Statutes; and
WHEREAS, on March 15, 1995, the Monroe County Board of
County Commissioners reviewed and accepted the annual Public Facili-
ties Capacity Assessment pursuant to Section 9.5 -292 of the Monroe
County Land Development Regulations, and said report showed that
U.S. Highway 1 from MM 33 to MM 29.5 is operating at level of ser-
vice ( "LOS ") E and is therefore an area of inadequate facility capac-
ity; and
WHEREAS, pursuant to the above -cited regulations Monroe
County ceased issuing building permits on Big Pine Key until the
Florida Department of Transportation ( "FDOT ") constructs roadway
improvements that increase the capacity of U.S. Highway 1; and
WHEREAS, the Department has determined that there is a
critical need to determine the impact of such roadway improvements,
and of continued future development on Big Pine Key, on the long-
term survival of the endangered Key Deer before any roadway improve-
ments are constructed; and
WHEREAS, The County and the Department are participating in
the FDOT- sponsored study, which will be completed in approximately
one (1) year, to determine the best means to increase the capacity
of U.S. Highway 1 on Big Pine Key while protecting the endangered
Key Deer; and
WHEREAS, in addition to participating in the FDOT- sponsored
study, the County is willing to initiate and participate in develop-
ment of a Habitat Conservation Plan consistent with the requirements
of the United States Fish and Wildlife Service, concerning the long-
term survival of the endangered Key Deer, which is very likely to
extend the time before any improvements are constructed on U.S.
Highway 1; and
WHEREAS, in 1992, Monroe County adopted and is implementing
a rate of growth ordinance, Ordinance 016 -1992, that limits residen-
tial growth county -wide to 255 dwelling units per year; and
WHEREAS, the annual 255 dwelling unit allocation is divided
among three sub -areas as follows: the Upper Keys, 99 units; the
Middle Keys, 41 units; and the Lower Keys, 115 units; and
WHEREAS, Big Pine Key is located in the Lower Keys and has
received, and is expected to continue to receive at least twenty
(20) dwelling units per year under the Lower Keys 115 unit alloca-
tion; and
WHEREAS, the development of approximately 20 dwelling units
per year on Big Pine Key for two to three years will not significant-
ly affect the LOS of U.S. Highway 1, and this period of time would
2
allow for development and implementation of a Habitat Conservation
Plan; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes,
the Department is authorized to enter into agreements with any land-
owner, developer, or governmental agency as may be necessary to
effectuate the provisions and purposes of the Act or any rules pro-
mulgated thereunder; and
WHEREAS, the Department finds that this agreement is in the
best interests of the State and is necessary to effectuate the provi-
sions and purposes of Chapter 380, Florida Statutes;
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are incorporated herein
and form a material part of this agreement.
2. Development Authorized. So long as Big Pine Key is an
area of inadequate facility capacity, Monroe County may issue no
more than twenty (20) building permits per year for residential
dwelling units on Big Pine Key that qualify for a dwelling unit
allocation under Ordinance 016 -1992, and that satisfy the definition
of residential development, as defined in Section 9.5 -4 (R -7), Mon-
roe County Land Development Regulations. Any building permits not
issued in any year may be added to a subsequent year.
3. Ordinance Must Remain in Effect. This Agreement is
expressly conditional on the continued effectiveness of Ordinance
016 -1992. If Ordinance 016 -1992 is rescinded or declared wholly or
3
partially invalid, DCA, in its sole discretion, may declare this
Agreement void and of no further force and effect.
4. Habitat Conservation Plan. Within nine (9) months of
the date of this Agreement, the County shall develop a plan for a
study, consistent with United States Fish and Wildlife Service guide-
lines, that would lead to completion of a Habitat Conservation Plan
for the long -term survival of the Key Deer within 24 months. The
Habitat Conservation Plan shall be complete and accepted by the
United States Fish and Wildlife Service prior to the construction of
road improvements intended to increase the capacity of U.S. Highway
1 on Big Pine Key.
5. Agreement Term. This Agreement shall remain in effect
for one (1) year, or until the conclusion of the quarterly alloca-
tion period then in progress, whichever is later. The Agreement may
be extended with the mutual consent of DCA and the County.
6. Scope of Authority. This Agreement affects the rights
and obligations of the parties under the provisions of Chapter 380,
Florida Statutes, relating to areas of critical state concern. It
is not intended to influence or determine the authority or decisions
of any other state or local government or agency in issuance of any
other permits or approvals that might be required by state law or
local ordinance for any development authorized by this Agreement.
7. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
4
8. Drafting of Agreement. The parties shall be deemed to
have participated jointly in the drafting of this Agreement. Accord-
ingly, this Agreement shall be construed neutrally without regard to
any party or parties responsible for its preparation, and any terms,
conditions, uncertainty, or ambiguity shall not be construed against
any of the parties as a result of the drafting of such.
9. Enforcement. This Agreement may be enforced by any
party, and by Monroe County, as provided in Chapter 380, Florida
statutes, or as otherwise allowed by law.
10. Entirety of Agreement /Amendment. This Agreement consti-
tutes the entire agreement of the parties. This Agreement may be
modified or amended only by a separate writing signed by all parties
hereto.
11. Effective Date of Agreement. The effective date of
this Agreement is the date the last party signs this Agreement.
IN WITNESS WHEREOF, the parties, by their duly authorized
undersigned representatives, have executed this Agreement on the
dates and year below written.
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
Date: 034P5 By: CL
Charles Pattison
Director, Division of Resource
Planning and Management
Approved as to legal sufficiency
•
Al 4
Assistan Gene .1 Counsel
Depart -nt of Community Affairs
5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
Shirle Freeman, Mayor
Approved,as to legal sufficiency
Date: O,§' - / - !s
By:
Robert C. Apgar;
Attorney for Monroe County
Attest: Danny L. Kolhage, Clerk
BY a&t..1.Ati, lOadidaes
Deputy Clerk
P Y
Date: OS- /7 -'
6