11/17/2004 MOU
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 17, 2004
TO:
Timothy McGarry, Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Han~
Deputy Clerk ty
At the November 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Memorandum of Understanding between Monroe County and
the Department of Community Affairs replacing existing Agreement to provide for exemption of certain
development orders. Enclosed are three duplicate originals, executed on behalf of Monroe County, for
your handling. Please be sure to return the fully executed "Monroe County Derk's Office
Original" and the "Monroe County Finance Department's Originar' as soon as possible.
At the same meeting the Board adopted the following Resolution No. 428-2004 transmitting to
the Department of Community Affairs the request by Monroe County amending the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan from Residential Low (RL) to Public
Buildings/Grounds (PB) for property described as the northern half of Tract 8, and all of Tracts 9 and
10, second amended and revised plat of Lee Shores, Section 22, Township 61 South, Range 39 East,
Tallahassee Meridian, Key Largo, Monroe County, Florida. Located at 102050 Overseas Highway,
mile marker 102. The real estate number is 00543060-000000. Enclosed is a certified copy for your
handling.
I am returning the unexecuted original Resolution No. 424-2004, approving for Year 13, from
July 14, 2004 to July 13, 2005, ten thousand square feet of commercial floor area to be available, in
two allocations, the first allocation of five thousand square feet on January 2005 and the remainder to
be held in reserve for the second allocation in July 2005, and limiting the applications to 2,500 square
feet or less, to you. This document was amended at the meeting; however, the changes made to it are
not what was discussed. I've attached a copy of the Clerk's notes written on the agenda item at the
meeting. Please make the necessary changes so that our office can execute same.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File"
O!E!~Y ~~!1~E
(305) 294-4641
("~ ----
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
December 20,2004
Ms. Rebecca Jetton
Department of Community Mfairs
Florida Keys Field Office
2796 Overseas Highway, Second Floor
Marathon, Florida 33050
RE: Memorandum of Understanding For a Coordinated Permit Review Process for
Development
Dear Ms. Jetton:
Enclosed please find three (3) duplicate originals of the Memorandum of Understanding
(MOU) between the Department of Community Affairs and Monroe County for a coordinated
permit review process for development.
I would appreciate your assistance in obtaining the appropriate signatures on these
documents and returning the two copies marked "Monroe County Clerk's Office Original"
and "Monroe County Finance Department's Original" to my attention.
If you have any questions, please contact me at (305) 289-2517.
Sincerely,
. ., "'7/' /i -~ ~/lJJ
// / ..~- /-- Z>
Mayra Tezanos, ~kecutive Assistant
Growth Management Division
Enclosures
jmt
cc: Timothy J. McGarry, AICP, Director of Growth Management
K. Marlene Conaway, Director of Planning & Environmental.Resources.
Belle DeSantis, Deputy Clerk V-
~ Oa 1 11) CIll1I.l'a 0Met0lllllllll
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
11,
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:
1. 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 pinel and 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 of the 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 of 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.
m. 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 of 4
VII. Replacement of Existing MOD.
This Memorandum of Understanding supercedes and replaces the previous MOD for a
coordinated permit review process for development signed by DCA on December 1,
2000.
IN WITNESS WHEREOF, the parties have executed this Agreement.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
-')ju >n ~
MAYOR/CHAIRMAN
DATE: t1~ '7. z.oo~
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Approved for Legal Sufficiency:
PUTY CLERK
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DATE: /0.28.0'-/
STATE OF FLORIDA DEPARTMENT OF
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Page 4 of4