Item K03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17,2004
Division: Growth Management
Bulk Item: Yes X
No
Department:
N/A
AGENDA ITEM WORDING: Approval of a Memorandum of Understanding (MOU) between the
Florida Department of Community Affairs (DCA) and Momoe County replacing existing agreement to
provide for exemption of certain development orders.
ITEM BACKGROUND: Under Chapter 380, Florida Statutes, the County is required to submit all
development orders to DCA. DCA has the authority to appeal any development order issued by the
County that it finds inconsistent with the Comprehensive Plan, Land Development Regulations, and
Principles for Guiding Development.
This new agreement replaces the existing one between DCA and the County and further expands the
categories of permits that are exempt from DCA review. The terms of the new agreement will further
reduce the administrative costs of permitting and the wait-time for permits to become effective.
PREVIOUS RELEVANT BOARD ACTION: The BOCC approved the existing MOU between the
DCA and County in October 2000, which revised a previous MOU approved in February 1995.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: N/A
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~
DOCUMENTATION:
Included X
DIVISION DIRECTOR APPROVAL:
To Follow
Not Required
AGENDA ITEM # J!. -0
DISPOSITION:
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND MONROE COUNTY
FOR A COORDINATED PERMIT REVIEW PROCESS FOR DEVELOPMENT
This Memorandum of Understanding ("MOU") is being entered into by and between the
State of Florida Department of Community Affairs ("DCA") and The County of Monroe ("Monroe
County") to provide better coordination between DCA and Monroe County in the implementation
of provisions of Chapter 380, Florida Statutes, and the Monroe County Comprehensive Plan and
Land Development Regulations.
WITNESETH
WHEREAS, Monroe 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, Monroe 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, 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 Monroe County development orders from DCA review except those herein enumerated;
and
WHEREAS, DCA and Monroe County do mutually agree as follows:
I. Required Renderings.
A. As provided in Rule 9J-l.002(3), F.A.C., DCA may, on its own initiative or at the request
of an affected governmental entity, provide in writing that particular types or categories
of development orders shall be exempt from rendition to the DCA Field Office for
review. In accordance with this provision of this Rule, the Department exempts all
development orders from rendition to the Field Office except for the following types and
categories of development orders:
Page 1 of 4
(1) Any development order for the construction or expansion of the footprint of any
principal structure located within any of the following Vegetation Codes on the
Existing Conditions Maps: 411, Slash Pineland; 426, Tropical Hardwood
Hammock; 740.1, Disturbed with Hammock; 640, Saltmarsh and Buttonwood
Associations; 641, Freshwater Wetlands; 710, Beach with Associated Berm.
(2) Any development order for the construction or change in footprint of any
structure which is located on a turtle beach or which requires a Habitat
Evaluation Index (HE!).
(3) Any development order for the construction, expansion, or redevelopment of a
hotel or motel.
(4) Any conditional use approvals for the following: new non-residential
development over 2,500 sq. ft. in floor area; Transfer of ROGO Exemptions
(TRE) for receiver sites only, involving transient residential uses or that require
clearing of hammock or pineland; institutional residences; community parks
located in a hammock or pineland or on No Name or Big Pine Key; or any
development activity that provides temporary or permanent transient residential
uses; and new marinas or the expansion of existing marinas.
(5) Any development order for the construction, expansion, or redevelopment of
institutional, public building, research, educational or other non-residential uses
located on Big Pine Key or No Name Key.
(6) Any development order for the construction or expansion ofthe footprint of any
principal residential structure located in a Tier 1 or Tier 2 area on Big Pine or No
Name Key.
(7) Any development order for the conversion of mobile home and/or recreational
vehicle (RV) parks.
(8) Any development order for the construction, expansion, or replacement of a
principal residential structure located in an AICUZ overlay area.
(9) Any development order for maintenance dredging.
(10) Any amendments to the Land Use District Maps.
(11) Any development order for a variance from floor area ratio requirements of the
County's Land Development Regulations.
(12) Any development agreement.
Page 2 0[4
B. Notwithstanding Part A above, individual building permits issued under a conditional use
order rendered to and not appealed by DCA shall be exempt from this rendering
requirement, unless specifically requested by DCA on a case-by-case basis.
II. 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 this
agreement between the parties.
ill. Modifications.
Modifications to this MOU shall only be valid when they have been reduced to writing
and duly signed by each of the parties, except as otherwise provided for under Section
IV.
IV. Terminations.
Either party may terminate this MOU at any time, with or without cause. Termination
shall take effect one week or five (5) working days, whichever is earlier, after receipt of
written notification as evidenced by a certified mail return receipt.
V. Notification.
All notices must be in writing and addressed as follows (or to any other address which
either party may designate by written notice): (DCA) Rebecca Jetton, Community
Planning, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100; (County) Mayor,
Monroe County Board of County Commissioners, 1100 Simonton 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.
VI. 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 pursuant to Section IV above.
Page 3 of4
VII. Replacement of Existing MOU.
This Memorandum of Understanding supercedes and replaces the previous MOU for a
coordinated permit review process for development signed by DCA on December I,
2000.
IN WITNESS WHEREOF, the parties have executed this Agreement.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
DATE:
ATTEST: DANNY L KOLHAGE, CLERK
BY:
Approved for Legal Sufficiency:
DEPUTY CLERK
BY: MJ)
')
DATE: 10.28.04
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
BY:
SECRETARY
DATE:
Approved for Legal Sufficiency:
BY:
DATE:
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