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Resolution 083-1988 Monroe County Commission RESOLUTION NO. 083-1988 A RESOLUTION ACCEPTING IN SUBSTANCE THE PROVISIONS OF THE PROPOSED AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE LAND USE PLAN, AMENDMENTS AND PENDING APPEALS. BE IT RESOLVED BY THE BOARD OF COUNTY COMNISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby accepts in substance the provisions of the proposed Agreement between the Department of Community Affairs and the Board of County Commissioners concerning the Land Use Plan, amendments and pendings appeals, a copy of which is attached hereto and made a part hereof; the same being entitled Notice of Filing Settlement Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2nd day of February, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA td-r~~' ~ BY: .I Mayor/Chairman (SEAL) Attest :DANNY L. KOLHAGE, Clerk ~~ ~'IA:be. Clerk "ru )JNnO] :3.JtJNOW !~) ("<': \ :) ~i~-l :J " '1'JO {:.'.'.."'. -..-.'..t:... ,.,;.'.. ..' ..) ,U i C:.:., ; -:'~.r'~.':::;,;,' ;'"C'; / j .'/ 1A t. '-~ @...,A"II~ ,----~.-,--------~---._- ,-' O""/~/_-~ C>~';~;'~'-:'a 8 l: V d V l &l~ 89. UdUJjl: '..Lij U311J , . e, (16L01S~~nc ~ C (~~ ' 88. t e 3 .:J . STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS IN RE: AdDaiaillraeM DetenBiRatie.: of aM V~==:-T- WENT 01 AFFAlU' ...... ... 9J-14.006 aDd fJ-t5.I06, FAC. DOAH Cue No.: . tlUR . __RtIwouPII-0041R . .,llt . .1.. .....,.. tIarouIIa . ,()()IIR 11-01741\ tllroujIa 1I-0176R <,~ '. ~. . ~. NonCE or FILING SIt'ITLEMENT AGIlEEM&NT The parties to the above-styled rule chaltenae proceedina. by and throup their un- dersigned counsel, ha~e entered into the followina Settlement Agreement, and Jointly file the following terms of said Agreement in this matter. :11 WH EREAS. ....... ........................... ... ",it ,:'~l ~: #1 .;.; ..~ ::<if ,I !.'~ ;'.1 .~ ".~ il.?t."' ;~~ '/i .~ a .~ ~ .~ l' ~'t: WHER EAS, ... ... ................. .............. [series of WHEREAS clauses to make everyone happy.] THE PARTIES. by and through their undenianed counsel, In consideration of the mutual promises and obliaations undertaken herein, promise and undertake the following: 1. The DEPARTMENT OF COMMUNITY AFFAIRS. State of Florida. (hereinaCter "DCA") asrees to revise the pro~ed rules 9J-14.006 and 9J-15.006 which are the subject of this proceedina by removin. the paraarapbs. 9J-14.006 (4) and 9J-15.006 (4), which rejected aU map and text amendments tbat were not approved by DCA. and to promulgate final rules 9J-14.006 and 9J-1S.OO6 which will implement only those map and .~ ~ l text amendments that are approved by DCA. .. ' 2. DCA larees to initiate a f~rmal ~draw-out" administrative hearin.. as provided in . 120.54 (17) Fla. Stat. (1987). pursuant to the provisions of I 120.S1, Fla. Stat. (1981), be- Core an independent hearin. officer to be assianed by the Division of Administrlltive Hearings, Department of Administration, State of Florida (he~einaCter "DOAH"), to hear the claims of the foUowinl petitioners: . "-,~,,.-,.... ~~~-" """'-~~'.. . I. All nnn-tr' mment petitioners In the above( _ tione" -. · '" ch~n.enge -'. proceedina, w 1.-t amendment request, concerm~1 )and In ........... petltloner has an Interest, would have been denJecfby rule 9J-14.006 (4) proposed In the De- cember 18, 1987 Aorida Administrative Weekly. b. All non-aovernment petitioners who served a I 120.54 (17) petition for a -draw-out- hearina on DCA bY close of business Monday, January 25, 1988, and which petition meets the statutory requirements of t 120.54 (17). No landowner partlclpatil1l In tM draw-out hearln. m~ simultaneously pursue a map ,mendment at Ihf local 'QYer~nl ~vcl 3. DCA and Monroe County qreo to enter ~nto lood-faith nelotiations on the JJl.IQ amendmcnu prqposed ~ the BOCC. and text amendments, tbat would have been rejected by proposed rules 9J-14.006 and 9J-15.006 published ~n December 18, 1987, in Florida AdminIstrative Weekly. DCA p1anninl personnel desipated by the DCA Secretary shall meet with personnel designated by Monroe County's Planning Director, County Attorney, and Board of County Commissioners, within three (3) wecQ foJ1owing the dismi~~al of this proceeding, to Identify detailed procedures for the n~lotiation process. DCA and Monroe County agree that said negotiations \\ill continue until each rejected fl.&D amendment has either been amended such that DCA agrees in ,writing to approve it in said amended form, or the parties agree that their differences with regard to a proposed amendment are ir- reconcilable. Additional Tenn sought by intervenor Organized Fishermen 01 Florida, on bellalf of all such Interwnors. Any n01l-~mmental entity thalls a party or intervenor In thlr proceedi,." with a peti- tion based upotl tM ,roposed rejection olone or more Iut amendments, shall H considered a parry or Inlervenor #Ii nqotilll;ons on tM text amendments ltlentiJkd by t/~ ~ or intef\Jenor in its petitiOlL ~ 1IOII-fOVCmmenltll eIIIiIies arc ,.ma or 11at."..0I'$ to IMU MIOtiatiollS, the negtJlUJtiOlU 01 those IGI ~ sIudI k ~ 101e~ within MollfOe Countr, and said IJtII1Y fN lnIetVeMl' will 1u ,wen 1Im_ wrlIt~ raotIc. o/,ft, tim, II1fII place 01 said negotiation, tuUl sIuJIl " treilttd a.r a pany or Intervenor, whichever sttItW u appropriate, would be treated In Q 120.54 (4) JI'OCudi",. 4. Monroe County, throulh tbe BOCC. aarees to submit th~ m~ ana text amend- '.+ menls which are amended durfna the nelotiadon prOcess 10 the Plannlnl Commission pur- suant to Otapter 13 of the ReJUlations, florida Keys Comprehensive Plan. Said amended map awJ text amendments shan be deemed to be the proposals of the BOCC, and shall,be ~ , 2 ::' FEf3 1 'A8 15:36 111'545 I 07'lF, ('\!# '''::~~:-::''~''. i'''I'''':''';'',~__:'-' '-r,~"~~__..,:-. '...."':'-. ..,~.~~ . " ( .0t~"~0E: LC : ~ (8, t - ~ ~ - - tbe subject or notice and bearina pursuant to said Chapter 13<OCA .,rees to reconsider any of the proposed m~ and text amendments which would have been rejected by the pro- posed rule published December 18, 1987, in Florida Administrative Weekly, which tbe Board of County Commissioners decides. by ordinance duly enacted, to submit to DCA as part of the .second six-month review" procell now bein, conducted by Monroe County, re- iardless of the fact that the maw or text amendment was Dot placed in the County review , process by November I, 19SYAmendmenu which are submitted as part of this process, on which the DCA and Monroe County have reac:;bed -areement, shall be approved by tbe ap- propriate lela! mechanism. Amendments on which tbe DCA and Monroe County cannot .aree may be resubmitted to DCA In their oricinal form as part of the second slx-month review process, without re~ireme.nt of further DOtU:e or he.rina by localaovernment, for admjnist~Ye reconsideration and oouiblt denial by DCA _ .L 0(\1 T}.~M~..J..,lcJC' ~ J\!:7:> ~""A. ",I~" S~;t..I1",.I. S. Monroe County's Board of County Commissioners.agrees to require the Monroe County Plannins Commission to live lood-faith consideration to text amendments to its Comprebensive Plan and Reaulations recommended by the Secretary, Ot the Director of lhe Division of Resource Man.I~lIU!nt. of tbe Department of Community Affairs, on the fonowing basis. The Planning Commission shall forward the recommendations to the PJanning Director for submission to the Planning Department and tbe Development Re- view Committee ("DRe') for study and recommendations. Following receipt of the rec- . ommendations of the Planning Department and the DRe, the Planning Commission shall convene a workshop in the Middle Keys, after at least 14 days public notice, to consider the DCA text amendment recommendations, where DCA. interested members oC the public, potentially affected landowners. and County Planning Department personnel will be al- lowed to present testimony and evidence for and apinst the proposal(s). If the Planninc Commission finds, by the affirmative vote of three Commissioners, that the DCA recommendation has merit, then sueh meritorious text amendments shall be considered those of the Planning COl}ll1lission pursuant to 13-101 (8), and shall be su~ect to the no- .' ( iL01 '~Siat Bt : ( 8e. 3.::1 . ~.....~ . ~ lice.. hearln.. and other pr~dure& of ~-r 13-101 01. ~ ~nd Development Repta. , lioJ1L 6. All petitioaenla .. ....-ItfW rule chaUeap frOCeodina ....ee to Join in a I voluntUJ dismissal 01 aakI pro....... [Appropriate siinature blocks) ;, I I <i\I.~ ( 'L01';~S0'r 68: ( Ja. u MATERIAL DELETED FROM FIRST VERSION From paraaraph 2: b. Monroe County, Florida. . political ~ubdivisiqn of the State of Florida. by and through the Moaroe County BOard of CounmllUlliaMoften (hereinafter "BOCC'), on those map ameadmellt requests imtialid the 8OCC, or~ by a sinal. Commissioner on the authority of a resolution of the u the correctloo:of er- ror. pursuant to Qaap&or 13-101 (E) of the Land Dcvcl~ent RepladollS, which woulCl bave been deailed by the rules proposed In the December 1" 1987 Florida Administrative Week. REASON: DCA woulel prefer to Jlel8date with .,. COUllly Oil II. text aad ..p amendments, since II. map amendment. are ca.lte dlstlaplshable from those or Individual property 0WIIers. The following 3 questions: QUESTIONS: 1. JYhat happens to map amendment applicants who moved to intefVene in the rule chal1e~el 1M COUIJIY cha1k~ 1M rule based on IllI map amendment ~ject;ons, presum- ably ,ivUllthose applictJIIU whO didn ~ meet 1M J.anUll1y 8th deadline a chance to present tlreir case as intervenors in the County:' IIIk challe.? Interven/ion petitions tlIW due by close of business FebfUQl)' 3, 1~ aI DOAH. DOAH ....1IJ,ee.lroa. till. one. 2. An ~t;tioners In 1M 120.54 (4) rule chaJ~, whose petitions weN or!8i!lallire- jected by DOAH, entitled ~ law to tunend IM;,~jected petidons:o,:kso, when will DOAR de- cide on the amended petitlOlU1 Presumably thoH pditjoMrs b<<ame -,.,iG" to the rule clralle",e, but they would not IatIw siane4 this Hltkmetl "'feme"'_ tIN 120.54 (4) proceedilJl would be revived. DCA and tM 01_ ptlItia need to get DOAH to tJCt 011 mcla amended petili01&l ASAP, and brI1w thou petitlonm into tlte draw-out procftding. DOAH controls this OM also. . _ \ ~ . 3. Are petitioners /eN thw-out hearilftp, whose petitions Jailed 10 meet 1M stGIUlC?!1 Te- i.uirements and have b<<n, '" will k 1'fJ<<1ed, MlitW l1y law to ante. uJ their rfjected petitIOns? This would not I<<m 10 GII<<1I1N ~ ...... ..ce * would not b~ new ~ In/o the 120.j4 (4) proceed. DCA IhouItI, hoWftW; e1llllldate Its poJicy 011 IItae tIIfIelftkV petl- tionJ for the beneJi! oj all ~ DCA I. altwlalaU ....dment. nw bJ 1/25/" to be considered, ..d.. "'1'" aU.... AU.... From paraarapb 3: five (5) workin, days in Key West, Florida (too fast) , I ~ I (rom day to day. to the maximum extent practicable (unnecessal")', DCA s.,.) . These ne,otiations shall be loverned by the fotlowinaadditional conditions. . (.~. '::':::'~;'.;> , , ".~.'E":':, '~'~~:'7"":.:~~ "';'-'--~~j.:~'::" .' . . ' . - ( ( '" . a. At the initial meetina of the parties, the DCA re,presentatives shall explain to the County representalives the DCA., rationale for reJectin. each proposed text amendment: and shalIlmmediately state whether the proposed amendment could be ameacleo such that DCA would atr" In wrltina to accept it In amended form. and shaU state .. nature of such ameadmcnt(I). (DCA -proposet to work these de- t.... owl wIlh Dea Crai..t a .protelllon"- leVel, aad doe. DOt wI.1a to commit to wIae .... first.) 1 Proposed tIdd;tional tenn: DCA shall, no later than 60 days after ,M dismwal 0/ the above-styled rule cha1len&e proceedin& deliver to the Mo~ County Atlomq, Plannilfl DI- 1'e,'lor, and Boord 0/ County Commissioners, an analysis 01 the statulary MIl rqu/fIIOty basis under wl.kh DCA will conduct its review 01 the second six-month amtnllntentl, tIItI:I future till- \ . . nua/ amendments, to the Monroe County Comprehensive Plan, Regulations, and Land Use District Map!. This analysis Is In the nature 01 a declaratory statement as provided for in Ch. 28-4, F.A. C., and shalllnclud, standards of review turd the weight to be give1l to the r<<ord and the deci.sion of the BOCC DCA I. likelJ to provide thl. anyway, or the Counl1 can petition tor a declaratory Itatement. From Paralraph S: a. Such amendmeats will be rov~wed thoroupty by the senior p'lannin, staff of the DCA. by ~l with od\IQtional bac:lrarOuDds and profesSional ex~ri- cnco in planni.,.. for KODOBUC Impact on property ownen in Monroe County, Mon- roe CoUnty', ad valorem tax base and tax rates, prac:ticality of, C05t of, arid man- power required fOlllDPlementation, ami adverse economic I~ on any particu- lar landowner(s) in M"onr~ County. Such review IhaIl be thorouahly documented and presented to the Plannin. Commissl~1l witb .. proposed text amendment. (DCA tltl'" WI lit uId.. a bit ..~ JaOWlVer tla., ... to .. .....t1v. to the need'e lake tW. ns...lIbI~ out of the ".nds 01 bIol",st., and assure us that hlela-leveI pro,.,...I. wllI'ave thl'" co....) , ... ',-. ~ ~-':(::;'T~'&;-'