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Home My WebLink AboutResolution 197-1995 ;. Planning Dept. RESOLUTION NO. 197-1995 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF MONROE COUNTY, AN AGREEMENT BETWEEN MONROE COUNTY AND THE FLORIDA DEPT. OF COMMUNITY AFFAIRS PRO- VIDING FOR RELIEF FROM THE MORATORIUM ON PERMITTING OF SINGLE FAMILY RESIDENCES ON BIG PINE KEY, ENACTED ON MARCH 15, 1995. WHEREAS, on March 15, 1995, the Monroe County Board of County Commissioners reviewed and accepted the annual Public Facilities Capacity Assessment pursuant to Section 9.5-292 of the Monroe County Land Development Regulations; and WHEREAS, said report showed that U.S. Highway 1 from MM 33 to MM 29.5 is operating at Level of Service (LOS) liE II and is there- fore an area of inadequate facility capacity; and WHEREAS, pursuant to the requirements of Chapter 380, F. S. , the Florida Environmental Land and Water Management Act of 1972, and the rules and regulations promulgated thereunder, which in- clude statutory and rule provisions relating to Areas of Critical State Concern, Monroe County ceased issuing bui14ing pe:t;mit~ on Big Pine Key until the Florida Department o~ T~an~rtation (FDOT) constructs roadway improvements that incre~~~the cap~ity of U. S. Highway 1; and ~;:,. ~ ~ '--' c ~(- I J _ ::::: :;, \0 -;c WHEREAS, the Florida Department of Communi~A"Affairs-mCA) has determined that there is a critical need ~--q.ete~in~ the impact of such roadway improvements, and of Gbntlnu~ f~ure development on Big Pine Key, on the long-term 'Suivi veri 0(--)' the endangered Key Deer before any roadway improvements are construct- ed; and WHEREAS, the County and the Department are participating in the FDOT-sponsored study, which will be completed in approximate- ly 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 devel- opment of a Habitat Conservation Plan consistent with the require- ments 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 No. 016-1992, that limits residential 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, received, and (20) dwelling tion; and Big pine Key is located in the Lower Keys and has is expected to continue to receive, at least twenty units per year under the Lower Keys 115 unit alloca- WHEREAS, the development of approximately 20 dwelling units per year on Big Pine Key for two to three years will not signifi- cantly affect the LOS of U.S. Highway 1, and this period of time would allow for the development and implementation of a Habitat Conservation Plan; and WHEREAS, the Florida DCA has agreed to allow up to twenty (20) residential building permits per year to be issued on Big pine Key pursuant to the provisions of the Dwelling Unit Alloca- tion Ordinance; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The Mayor is hereby authorized to execute the Agreement be- tween Monroe County and the Florida DCA to provide relief to the moratorium on residential permitting on Big Pine Key enacted on March 15, 1995. (BIG PINE KEY PERMITTING AGREEMENT) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of May, A.D., 1995. Mayor Freeman yes Mayor Pro Tern London yes Commissioner Douglass yes Commissioner Harvey yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~ ~..p(~~ .k- YOR/C MAN (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY: ~L.d~~~) DEP Y C RK AIWIOVEDAS TO FORM "AN~~ Attorntt(_ Offic. AGREEMENT THIS AGREEMENT is entered into by and between MONROE COUNTY ( "the County") and the DEPARTMENT OF COMMUNITY AFFAIRS (" the Depart- ment") . WHEREAS, tl:e Department is the state land planning agency with the duty and responsibility of administering and enforcing the provisions of Chap~er 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 W~~, 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, p~rsuant 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 adopt.ed 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. Develooment 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. Habita-c 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. s. Aareemen-c Term. This Agreement shall remain in effect ,",ue \...) yeo..L, UnCl.l. cne conclusion of the quarterly alloca- tion period then in prog::c.3.3, wh.i.(.;uever is lacer. The Agreement may be extended with the mutual consent of DCA and the County. 6. Bcooe 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 ~nfluence 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. Duolicate Oriainals. This Agreement may be executed in any number of orig~:lals, all of which evidence one agreement, and only one of which need be produced for any purpose. 4 8. Draftina of Aareement. The parties shall be deemed to have participated jointly in the drafting of this Agreement. Accord- ingly, this Agree~e~t 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 ot~erwise allowed by law. 10. Entirecv of Aareement/Amendment. This Agreement consti- t-"t-oc:: t-r,f"> f">T"\.t-~....'" =::r"'-oomo-nt- ("'I-F t-n", n;::!rt-i 0<:: 'T'ni c:: ]llj"'-oomo",," may be modified or amended only by a separate writing signed by all parties hereto. 11. Effective Date of Aareement. 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. Date: ~~J~ S- I { DEPARTMENT OF COMMUNITY AFFAIRS, An Agency of the~tate of Florida By' cLh. k{/;~~ Charles Pattison Director, Division of Resource Planning and Management Approved as to legal sufficiency I Counsel Community Affairs 5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: Mayor Date: OS-/7-'.s Attest: Danny L. Kolhage, Clerk By:Jl.kL ~ ~;d~ Deputy Clerk Date: ,r-I?-,r , Approved/a~ to legal sufficiency By: r Robert C. Apgar; Attorney for Mortroe County 6