Resolution 312-2001
RESOLUTION NO. 312 -2001
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING RESOLUTION NO. 117-2001, SECTION ONE, TO
EXTEND THE DEFERAL OF PROCESSING DEVELOPMENT
PERMIT APPLICATIONS FOR COMMUNICATION TOWERS IN
EXCESS OF 100 FEET IN HEIGHT EXCEPT FOR CERTAIN
REPLACEMENT TOWERS, UNTIL THE ADOPTION BY THE
COUNTY COMMISSION OF AN AMENDMENT TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
CONCERNING SUCH TOWERS OR NOVEMBER 22, 2001,
WHICHEVER OCCURS FIRST
WHEREAS, the Board of County Commissioners adopted Resolution No. 117-
2001 on February 22, 2001, deferring the processing of development applications for
communication towers in excess of 100 feet and to schedule no public hearings on such
applications, until adoption of an amendment to the Monroe County Land Development
Regulations (LDRs) or the passage of 180 days, whichever occurs first; and,
WHEREAS, section two of Resolution No. 117-2001 directed the Growth
Management Division staff to immediately begin the preparation and process of an
amendment to the LDRs concerning communication towers in excess of 100 feet; and,
WHEREAS, the Board of County Commissioners adopted Resolution No. 160-
2001 amending section one of Resolution No. 117-2001 to exempt from the resolution
replacement of towers in existence on the effective date of Resolution No. 117-2001;
WHEREAS, the law firm of Freilich, Leitner, and Carlisle with the assistance of
the Growth Management Division has prepared a draft amendment to the LDRs
concerning towers; and,
WHEREAS, the Planning Commission held a public hearing on July 25, 2001,
in Key Largo to consider a draft amendment as required by the LDRs; and,
WHEREAS, the Planning Commission has continued the public hearing to
August 6, 2001, in Marathon to further consider the draft amendment; and,
WHEREAS, the first of two public hearings by the Board of County
Commissioners on the proposed amendment required by the County's LDRs and Florida
Statutes, is scheduled for August 15,2001; and,
WHEREAS, deferral of the processing of development applications and
scheduling of public hearings on new communication towers stipulated under Resolution
No. 117-2001 is scheduled to end on August 22,2001;
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WHEREAS, the Florida Statutes require at least ten days between the first and
second required Board of County Commissioner's public hearing; and,
WHEREAS, Chapter 380, Florida Statutes, requires approval or denial of any
amendment to the County's LDRs by the Florida Department of Community Affairs; and,
WHEREAS, such approval or denial by the Florida Department of Community
Affairs may require up to sixty (60) days from the receipt by that agency of the
amendment adopted by the Board of County Commissioners; and,
WHEREAS, the above statutory adoption requirements and the Board of County
Commissioner's desire to provide ample opportunity for input by the public and regulated
community in this amendment process will make it impossible for the Board to adopt the
proposed amendment and obtain DCA approval prior within the time period established
by Resolution No. 117-2001; and,
WHEREAS, the above considerations will require a 90 day extension in the
deferral period initially established by Resolution No. 117-2001;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, that:
Section 1. Section one of Resolution No. 117-2001 is hereby amended to read as
follows:
Pursuant to the pending legislation doctrine set forth in Smith v. City of
Clearwater. 383 So. 2d 681 (Fla. 2nd DCA 1980), the Board of County
Commissioners hereby directs Growth Management Division staff to defer
the processing of development applications for communication towers in
excess of 100 feet, and to schedule no public hearing on such applications,
until the adoption of amendment to the Monroe County LDRs concerning
such towers has been adopted by the Board or until November 22, 2001,
whichever occurs first. Provided however, this resolution does not apply
to the replacement of towers in existence on the effective date of this
resolution as long as the replacement tower does not exceed the height of
the tower being replaced by more than ten percent.
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PASSED AND ADOPTED by the Board of County Commissioners of Momoe
County, Florida, at a regular meeting of said Board held on the 16th day of August, 2001.
L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
~OE COUNTY, FLORIDA
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Mayor/Chairperson
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