Item F5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2001
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: A resolution to amend Resolution No. 117-2001 to extend the deferral of
processing development permit applications for new communication towers until November 22, 2001, or until
the amendment to the Land Development Regulations is adopted, whichever comes first.
ITEM BACKGROUND: Resolution No. 117-2001 deferred processing of development applications for new
communication towers for 180 days (August 22, 2001) to provide sufficient time for preparation of an
amendment to the existing regulations governing wireless communications facilities. A draft amendment has
been prepared by the law firm of Freilich, Leitner, and Carlisle with the assistance of the Growth Management
Division staff, which was first considered by the Planning Commission at a public hearing on July 25, 2001.
This hearing has been continued to August 6, 2001, in Marathon.
The Monroe County Code and Florida Statutes and the desire to provide ample opportunity for public and
regulated community input make it impossible to meet the August 22, 2001 deadline; therefore, the Growth
Management Division staff recommends that Resolution No. 117-2001 be amended to extend the deferral date
another 90 days (November 22, 200 I). This extension will allow sufficient time for the amendment to be
considered and submitted to DCA for approval.
PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution No. 117-2001 on February 22,
2001; adopted Resolution No. 160-2001, amending Resolution No. 117-2001, allowing an exemption for
replacement of existing towers.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty -2L
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # ~ ~-
Revised 2/27/01
RESOLUTION NO.
-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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Page 10f3
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 Qccurs 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.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
-
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Page 2 of3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16th day of August, 2001.
Mayor George Neugent
Mayor PtQ Tern 'NDra Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles "Sonny" McCoy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
BY:
Mayor/Chairperson
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Page 3 of3
\
t
Board of County Commissioners
RESOLUTION NO. 117 -2001
A RESOLUTION DIRECTING THE STAFF OF GROWTH MANAGEMENT
TO DEFER THE PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS FOR
COMMUNICATION TOWERS IN EXCESS OF 100 FEET IN ~IGHT UNTIL THE
ADOPTION BY THE COUNTY COMMISSION OF AN AMENDMENT TO THE
MONROECOUNTYLANDDEVELOPMENTREGULATIONSCONCERMNG
SUCH TOWERS OR THE PASSAGE OF 180 DAYS, WHICHEVER OCCURS FIRST.
WHEREAS, development pennit applications are currently pending with the County's Growth
Management Division for communication towers in excess of 100 feet;
WHEREAS, the Board of County Commissioners recognizes the need for revisions to the County's
Land Development Regulations (I.d.r.'s) concerning communication towers; and
WHEREAS, the tower development penn it applications now pending may not be in compliance with
the l.d.r. amendments that the Board will soon consider;
..
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1: Pursuant to the pending legislation doctrine set forth in Smith v. City ofClearwateJ; 383
So. 2d 681 (Fla. 2nd DCA 1980), the Board of County Commissioners hereby directs Growth Management staff
to defer the processing of development applications for communication towers in excess of 100 feet, and to
schedule no public hearings on such applications, until the adoption of an amendment to the Monroe County
I.d,r.'s concerning such towers has been adopted by the Board or until 180 days have passed from the date of this
resolution, whichever occurs first.
Section 2: Growth Management Division staff is directed to immediately begin the preparation
an9ro.qes~inK.Jof ~~ amen~ent to the !"1onroe Co~nty I.d.r.'s concerning communication towers in excess of
I Oa-ee4"fith ~eIltibn to visual and environmental Impacts of such structures.
(.) CD :I:" : >=
~ eissEtY'.wo ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
m~ng~sai~FJ9@t held on the 22nd day of February, A.D., 2001.
LL I -.(..)
>-~w
Cl ~ zdo Mayor George Neugent
~ :E: :2 ~ Mayor Pro Tern Nora Williams
Cl ~ Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie M. Spehar
yp!':
ye!'l
yes
yes
yes
BOARD OF COUN1Y COMMISSIONERS
02'ONROE COUNlY, FLORIDA
~?)- re ~~cJ-
Mayor/Chainnan
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I.L ; k ~N ,OF THE BOARD OF COUNTY COMMISSIONERS OF
~ ~O~ COUNTY. FLORIDA AMENDING ResOLUTIq~ NO. 117-2001.
~ ~EdGI~ ONE. IN ORDER TO PROVIDE AN EXCEPTION FOR THE
REPLACEMENT OF EXIsTING TOWERS.
Board of County c...,r..m;ss!oners
RESOLUTION NO.
160 - 2001
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERs OF MONROE
COUNTY. FLORIDA:
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. 2d DCA 1980). the Board of County
Commissioners hereby directs Growth Management staff to defer the
processing of development applications for communication towers in excess of
100 feet. and to schedule no public hearings on such applications. until the
adoption of an amendment to the Monroe County LDR's concerning such towers
has been adopted by the Board or until 180 days have passed from the date
of this resolution. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County.
Florida. at a regular meeting of said Board held on the 22nd day of March. 2001.
Mayor George Neugent
M Tem Nora Williams
urray Nelson
ie Spehar
rles McCoy
ves
ves
ves
ves
not Dresent
By JbaLJ (!...~
Deputy Clerk
jdrestower
BOARD OF COUNn' COMMISsIONERS
OF MONROE COUNn'. FLORIDA
/
~7lCc-,e ~~
<MayDr!/-Chairperson _ ~