Item M09
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 15. 2000
Division: Board of County Commissioners
Bulk Item: Yes
No ---K-
Department: Board of County Commissioners
AGENDA ITEM WORDING:
Continuance of discussion of communications facility on Cudjoe Key.
ITEM BACKGROUND:
At the meeting of the Board of County Commissioners on February 16, 2000, the Board discussed the
above issue and postponed the item to the March Board meeting.
PREVIOUS REVELANT BOCC ACTION:
As above.
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _
OMB/Purchasing _Risk Management _
DIVISION DIRECTOR APPROVAL:
-J~A~
James L. Roberts
DOCUMENTATION:
Included
To Follow
Not Required X
DISPOSITION:
AGENDA ITEM #~q
Mar 10 00 04:38p
Commissioner Williams
(305) 289-6306
Nora Williams
p. 1
Page 1 ofl
From:
To:
Sent:
Subject:
<FlyboyP51@aol.com>
<:boccfree@mail.state.fI.us>; <gneugent@mail.state.f1.us>; <NORAW@mail.state.f1.us>
Friday. March 03, 2000 3:18 PM
970' TOWER ON CUDJOE KEY
PLEASE VOTE NO...... REGARDING THE PROPOSED TOWER FOR
CUDJOE KEY. IT TRULY IS NOT NEEDED......
PLEASE MAKE THIS E-MAIL PART OF THE HEARING RECORDS
MR. DONALD MC COLLOM
701 SPANISH MAIN DRIVE
CUDJOE KEY FLORIDA
~e'. \-rt\-~
3/10/2000
MAR-14-00 TUE 14:24 GR0WTH MGT. DIV.
305 289 2854
P.02
.lMmc;;. ,--,--
CONSULTANTS
,..."._ ~~ IIL"'-
RECEIVED
MAR 1 ~ 2000
KEYS (305) 294.1238
FAX (305) 294-2164
MIMt (305) 661~28
FAX (~) 8.68-4658
E-MAIL Sll\d..w~I@..h...II..
March 13, 2000
DELIVERED BY HAND, MARCH t 4,2000
K. Marlene Conaway
Momoe County Planning Director
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Dear Ms. Cooaway:
..,
By notice oftbis letter. we formally withdraw the minor conditional use application submitted by Mark
Baker on November 19, 1999 for a communications facility at the Cudjoe Key Quarry propeny, real
estate number for the parcel is 00) 15950-000100.
Sincerely,
SANDRA WALTERS CONSULTANTS, tNe,
~U/~-
Sandra Walters
Agent for Mark Baker, power ofattomey for Frank Dirico, property owner
Fax cc: Mark Baker
David Paul Hotall
Monroe County Attorney fun Hendrick
Monroe County Mayor Shirley Freeman
Monroe County Conunissioner Wilhelmina Harvey
Monroe County Commissioner George Neugent
Momoe Counly Commissioner Mary Kay Reich
Monroe County Commissioner Nora Wdliams
MAIN OFFICE 600 WHiff STREET, SUITE 5, KEYWesT, FL 33040
4635 SW 10TH S~EET. MIAMI. FL 33134
'". .....",.., .--'" -- ___,,~.'- ..,. '.'
1-/IIq
03/07,1
11:37 FAX 2892536
PLANN ING DEPT.
~02
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
ClM!lTIIlr
STEVEN M. SEIBERT
Secretary
March 1, 2000
rn)l~U'~~
lIl1 MAR - 6 2000 l!J
Mr. Timothy McGarry. Director
Growth Management Deparbnent
2798 Overseas Highway
Marathon, Florid::l 33050
GROWTH MANAGEMENT 0 ISION
RE: Indu8trial Communications Equipment 380.032 Agreement
Dear Mr. McGarry:
This letter is provided to clarify the Department's intentions in amending the Cudjoe
Enterprises settlement agreement. The Department had previously executed 'a settlement
agreement with Cudjoe Enterprises to limit the expansion of the mine and require restoration.
Subsequently, Industrial Communications Equipment requested an amendment to the agreement
to address the siting of a communications tower at the site.
As we understand, the County has questioned why the Department accepted the zoning
clause in Section 4 of the agreement, which provides that all uses other than the communications
tower and mining must be consistent with the zoning at time of application. In accepting this
provision, it was not our intent to direct that Monroe County accept the location of the tower in
the Native zoning district. To the contrary, we relied on representations from the applicant
throughout the process that the site was zoned Industrial. We also relied on the Pre-application
letter, dated July 20, 1999, from you to Sandra Walters which also confirmed the site was zoned
Industrial (see attached).
In discussing the issue with Ms. Walters, we were advised that the zoning clause was
necessary in that the Industrial zoning district did not allow towers at that time. However, at that
point in working on the draft agreement, we were also aware that the draft tower ordinance
authorized tOwel s in the Industrial zoning district. Our intent was to simply convey that we
would not objec1 if the County decided to permit the tower in the Industrial zoning district prior
to the actual adoption of the ordinance. We were under the impression that the site was zoned
Industrial uutill\.--cently when we become aware of the Native zoning. Thus, the agreement is
predicated on inl::orrect factual information.
Z555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.:2100
Phone: bSO.488.8466/Suncom 278.8466 fAX: 8S0.921.0781/Suncom 291.0781
I nternet address: hcrp:/lwww.dca.5Ii1le.f1.u5
fUIIIDA llEYS
Afft 01 0ilicaI 5IIIt Cancem Fidel OIIice
zn6OW- Hitlwwar. Su_ZI2
MorIIIlan, Florida UD5~nZ7
j-/l1Cj
03/07/
11:37 F~l 2892536
PLANNING DEPT.
IaJ 03
Mr. Timothy McGarry
March I, 2000
Page Two
The purp:>se of the agreement is to convey that the Department does not object to the
wetland impacts if the County were to grant conditional use approval for the tower use.
This was deemed necessary because some of the wetlands are red-flagged. We believe this
encroachment is reasonable, considering that the agreement resulted in less wetland impacts and
required more mitigation as compared to the vested mining use. Prior to adopting the agreement,
we discussed this issue with Ralph Gouldy to ensure the County agreed with our viewpoint in
regard to the wetland issues.
In executing the agreement, we were particularly concerned that our role not be
misconstrued in this process. Section 2, Scope of Agreement, states that"... This agreement shall
not be construed to grant development approval for the project. Rather, this agreement shall be
construed to define wetland impacts...which shall apply if Monroe County approves the
conditional use..." Clearly, the scope of the agreement is not intended to direct the County in
terms of the zoni ng decision or in regard to whether the tower should be approved at the
proposed location. We believe this is a local matter which should not be governed by our
agreement, notwithstanding our view concerning the wetland impacts.
We hope this letter clarifies our intentions regarding this site. If you have any questions
or concerns, plellse do not hesitate to call Ken Metcalf or me at (850) 487-4545.
;:~Yvz5~
Mike McDaniel
OrowtlfManagement Administrator
.... l' ';