Resolution 056-1988
County Commission
RESOLUTION NO.
056-1988
A RESOLUTION ADOPTING THE ANNUAL ASSESSMENT
OF PUBLIC FACILITIES CAPACITY REPORT PREPARED
BY THE DIRECTOR OF PLANNING PURSUANT TO
SECTION 9-501, ET SEQ., MONROE COUNTY LAND
DEVELOPMENT REGULATIONS; FURTHER IDENTIFYING
THOSE AREAS WHICH MAY HAVE INADEQUATE SERVICE
CAPACITY WITHIN THE NEXT TWELVE MONTHS;
MAKING SPECIFIC FINDINGS THAT ALREADY AL-
LOCATED DEVELOPMENT RIGHTS IN AREAS OF POTEN-
TIALLY INADEQUATE CAPACITY SHOULD BE PERMIT-
TED TO DEVELOP; AND IDENTIFYING FUNDING
SOURCES AND METHODS OF PROVISION FOR ADDI-
TIONAL CAPACITY TO SERVE THE ADDITIONAL
DEVELOPMENT; INSTRUCTING THE PLANNING DIREC-
TOR TO PREPARE AND INITIATE PROPOSALS DES-
IGNATING CERTAIN AREAS AS AREAS OF CRITICAL
COUNTY CONCERN DUE TO PRESENT INADEQUATE
CAPITAL FACILITIES SERVICE CAPACITY AND
INSTRUCTING THE PLANNING DIRECTOR TO PREPARE
AMENDMENTS TO THE MONROE COUNTY DEVELOPMENT
REGULATIONS TO PROVIDE FOR DIFFERENT DEVELOP-
MENT STANDARDS FOR LANDFILLS
WHEREAS, the Monroe County Land Development Regulations,
Section 9-501, et seq., require that the Board of County Commis-
sioners adopt an annual assessment of public facilities capacity
by February 1 of each year; and
WHEREAS, it is desired to accept the report prepared by the
Planning Director; and
WHEREAS, the report indicates the service areas which may
have inadequate available capacity to serve residential and
nonresidential growth and development in the subsequent twelve
months; and
WHEREAS, Section 9-502(B)(4), Monroe County Land Development
Regulations, provides for an increase in development capacity of
any service area provided that the Board of County Commissioners
make specific findings of fact as to the reasons for the increase
plus the source of funds necessary to pay for any additional
capacity; and
WHEREAS, normal permitting of already allocated development
rights may, if the annual assessment of public facilities
capacity report indicates potentially inadequate capacity to
serve projected growth, constitute an increase in "development
capacity" for the purposes of Section 9-502(B)(4), Monroe County
Land Development Regulations; and
WHEREAS, Section 9-502(B)(4), Monroe County Land Development
Regulations, allows the permitting of such additional development
if the underlying reasons are specifically stated and funding
sources and methods of provision for the needed additional
capacity are identified; and
WHEREAS, the Planning Director has identified the funding
sources and methods for the provision of the needed additional
capital facilities in his annual assessment of public facilities
capacity report and other supporting documentation offered for
Board consideration at its regular meeting of January 19, 1988;
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The annual assessment of public facilities
capacity report, attached hereto and incorporated by reference,
prepared by the Director of Planning, dated January, 1988, is
hereby approved pursuant to Section 9-501, et seq., Monroe County
Land Development Regulations.
Section 2. The Board hereby specifically finds that the
increase in the development capacity in the affected service
area, rather than moratoria or a permit allocation process, is
presently dictated by the following requirements of the County's
Comprehensive Land Use Plan, Vol. II, to-wit:
a) Sec. 2-102(A)(3) which requires the County to
"establish a land use management system that promotes
orderly and balanced growth in accordance with the capacity
of available and planned public facilities and services;"
and
b) Sec. 2-102(A)(4) which requires the County to
"provide for affordable housing in close proximity to places
of employment in Monroe County;" and
c) Sec. 2-102(A)(5) which requires the County to
"establish a land use management system that supports a
diverse and sound economic base;" and
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d) Sec. 2-102(a)(6) which requires the County to
"protect the constitutional rights of property owners to
own, use and dispose of their real property;" and
e) Sec. 2-109 which requires the County to "preserve
existing community character;"
f) Sec. 2-110 which requires the County, inter alia,
"To ensure that all development is served by adequate public
facilities."
"To ensure that public services are reasonably available to
all economic segments of Monroe County."
g) Sec. 2-112 which requires the County, inter alia,
"To limit the location and intensity of future growth and
development to that level that can be reasonably supported
by existing and planned public or private facilities which
can be self supporting in an environmentally sound manner."
"To equitably distribute the burden of implementing a growth
management plan on the owners of all land."
"To ensure that residents and landowners have an equal
opportunity under the law to share in the future growth and
development of the Florida Keys."
"To promote infi11 development through bonuses and
incentives available through a discretionary review
procedure."
Section 3. The annual public service capacity report
indicates that projected growth within the subsequent twelve
months could occur in the following planning areas which have
inadequate transportation service capacity:
a) Planning Service Area 2 (Stock Island,
approximately MM 4.1) L.O.S. E
b) Planning Service Area 30
(Is1amorada) L.O.S. E
c) Planning Service Area 31 (Windley Key,
approximately MM 85.4) L.O.S. E
d) Planning Service Area 32 (Plantation
Key, approximately MM 90.4) L.O.S. E
e) Planning Service Area 43 (Cross Key,
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approximately ~ 107.2) L.O.S. E
Section 4. The Board of County Commissioners, in dis-
charge of its responsibility under Section 9-502(B) (4), Monroe
County Land Development Regulations, which requires the identi-
fication of the funding sources and method of providing the
additional transportation capacity now necessary, hereby desig-
nates the following funding sources and methods for each area of
potential inadequate service capacity:
a) Planning Service Area 2.
1) Inclusion of a project to expand the capacity
of U.S. 1 in the Florida Department of
Transportation's five year construction plan
for this area, as authorized by F.S. 339.12,
F.S. 335.20, and any other relevant provision
of general law, by the utilization of
transportation impact fees, gas tax revenues
and, if approved by the electorate, revenues
from the capital facilities infrastructure
tax.
b) Planning Service Area 30.
1) Acceleration of the portion of the Florida
Department of Transportation's five year plan
for this area, as authorized by F.S. 339.12,
F.S. 335.20, and any other relevant provision
of general law, by the utilization of
transportation impact fees, gas tax revenues
and, if approved by the electorate, revenues
from the capital facilities infrastructure
tax.
c) Planning Service Area 31.
1) Acceleration of the portion of the Florida
Department of Transportation's five year plan
for this area, as authorized by F.S. 339.12,
F.S. 335.20, and any other relevant provision
of general law, by the utilization of
transportation impact fees, gas tax revenues
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and, if approved by the electorate, revenues
from the capital facilities infrastructure
tax.
d) Planning Service Area 32.
1) Use of the present F.D.O.T. financing, plans
and construction schedule which will improve
L.O.S. to C within the near future.
e) Planning Service Area 43.
1) Acceleration of the portion of the Florida
Department of Transportation's five year plan
for this areat as authorized by F.S. 339.l2t
F.S. 335.20, and any other relevant provision
of general law, by the utilization of
transportation impact fees, gas tax revenues
and, if approved by the electorate, revenues
from the capital facilities infrastructure
tax.
Section 5. The annual service capacity report indicates
that projected growth within the subsequent twelve months could
occur in the following areas which have inadequate solid waste
service capacity.
a) All areas north of MM 92.5 due to projected life
of the Key Largo landfill of less than three
years.
Section 6. The Board of County Connnissioners, in dis-
charge of its responsibility under Sec. 9-502(B)(4), Monroe
County Land Development Regulations, which requires the identi-
fication of the funding sources and method of providing the
additional solid waste capacity now necessary, hereby designates
the following funding sources and methods for the area of poten-
tial inadequate service capacity:
a) Area north of MM 92.5 served by the Key Largo
landfill.
1) Amend the Monroe County Comprehensive Land
Use Plan and development regulations so that
the set backs for landfills are reduced to
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those required by the Department of
Environmental Regulations in order to expand
the available area.
2) Amend the Monroe County Comprehensive Land
Use Plan and development regulations to allow
land fill heights to exceed 35 feet with a
maximum of 80 feet.
3) Amend the Monroe County Comprehensive Land
Use Plan and development regulations to
reduce buffer areas for the landfill site,
thereby expanding available disposal area,
depending on the nature of adjacent property.
4) Continue with expansion of landfill
facilities county-wide to relieve growth
pressure on Key Largo by continuing with the
near term acquisition plans for expansion on
Long Key and Cudjoe Key and long term
acquisition plans for Crawl Key or other
areas and site(s) in Dade County.
5) Utilize revenues currently raised by MSD
service charges and/or special assessments.
6) Creation of a surcharge on all solid waste
service charges and/or special assessments.
7) Increase the solid waste impact fees.
8) Utilize the Monroe County Land Authority to
accelerate the purchase of additional sites.
The Authority will purchase the site(s) up
front and then convey them to the County as
County funds become available.
Section 7. Pursuant to the requirements of Sec. 11-103A,
the Planning Director is hereby directed to prepare and initiate
proposals to designate the following areas as areas of Critical
County Concern:
a) All areas of unincorporated Monroe County within
three miles of U.S. 1 from Key West to Plantation
Key due to the traffic level of service existing
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on U.S. 1.
b) All areas within three miles of U.S. 1 from Key
Largo to the Dade/Monroe County line due to the
traffic level of service existing on U.S.l.
c) All areas in the County north of MM 92.5 due to
the proximity (within 25 miles) of a landfill (Key
Largo) with an expected life of less than 3 years.
d) The unincorporated area of the County from MM 46.5
to MM 92.5 due to the proximity (within 25 miles)
to a landfill (Long Key) with an expected life of
less than 5 years.
PASSED AND ADOPTED by the Board of County Connnissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of January, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/ .' "...----...'--. //
By ~r-.;{~/ b/
May Chairman
(SEAL)
DANNY 1.. KOLHAGE, Clerk
Attest:
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