Resolution 346-1989
.'
Growth Management
RESOLUTION NO. 346 -1989
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE AN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS TO EFFECTUATE
THE REQUIREMENTS OF FLORIDA STATUTES 380 AND
TO ASSIST THE COUNTY TO IMPLEMENT THE
COMPREHENSIVE PLAN AND LAND DEVELOPMENT
REGULATIONS.
WHEREAS, the Monroe County Board Of County Commissioners
wishes to adopt a resolution indicating their desire for
the Department of Community Affairs (DCA) to enter into an
agreement with Monroe County to effectuate the requirements of
Florida Statutes (F.S.) 380 and to thereby assist the County's
implementation of the Comprehensive Plan and Land Development
Regulations; and
WHEREAS, it is desired that the Director of Planning shall
immediately issue an Administrative Interpretation implementing
that agreement to facilitate the orderly administration of
permitting activity; and
WHEREAS, it is desired that the Director of Planning shall
immediately begin preparing the Concurrency Management Program
stipulated in the above settlement agreement; and
WHEREAS, the Director of Planning shall immediately implement
the other requirements of the Settlement Agreement which do not
require further Board approval; THEREFORE,
,jHOI,J
17 L: 17 d ~ L Nnr 6B
.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute an agreement with the Department of
Community Affairs and the Director of Planning shall effectuate
the requirement of the Florida Statutes by implementing said
agreement, hiring a consultant, and issuing appropriate
administrative interpretations.
Passed and Adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1LtA- day of ~,., A.D., 1989
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/J//4d4l/J
Mayor/Chal.rman
(SEAL)
Attest :;DANNX 1,. ~OLUAGE, Clerk
...Q/;.~tiU
Cle
.. ,-
I~
/ ANDL~ r
BY I.
Att()rn('v'~ Off,u'
CONCUR. 1
TXTCIP
".Z\DEQUATE FACILITIES SETTLEMENT AGREEMENT"
r,'lay 15, 1989
~~hereas the Department of Community Affairs, the State Land Plan-
ning Agency, hereinafter known as the "Department", has the pow-
er to exercise the general supervision and enforcement of the
Florida Keys Area of Critical State Concern program; and
Whereas the Department and Monroe County, hereinafter known as
"County", may enter into agreements as necessary to effectuate
the provisions and purposes of Chapter 380.0552, Florida Stat-
utes, the Florida Keys Area; protection and designation as area
of critical state concern; and
Whereas the policies of the Monroe County Comprehensive Plan
require the establishment of a land use management system that
promotes orderly and balanced growth in accordance with the ca-
pacity of available and planned public facilities and services;
and
Whereas the Monroe County land development regulations (MCLDR)
require that after February 28, 1988 no structure or land may be
developed used or occupied, nor any building permit issued un-
less the proposed use is or will be served by adequate public or
private facilities except in accordance with the development
standards in Division 5, MCLDR's.
Whereas the 1988 and 1989 Public Facilities Capacity Report pre-
pared pursuant to Section 9-502, MCLDR's identified service ar-
eas having inadequate available capacity to serve existing and
projected growth and development; and
h'hereas the "1989 Facilities Capacity Report" identified areas
\vith marginal adequate facilities and recommends specific action
to ensure that development approvals are conditioned so as to
minimize the potential of reaching inadequate facility levels of
service which would preclude further development; and
Whereas, the Department has notified the County that, in the
absence of County action, the Department would enforce the ade-
quate public facilities provision of the MCLDR's, as authorized
by sections 380.07 and 380.11, Florida Statutes; and
Whereas the provisions of Section 9-502,
and ambiguous as they relate to certain
as to the share of allocation required
commercial development; and
MCLDR's, are unclear,
types of development and
for residential versus
Whereas the
nate current
concurrency
trative Code
Department notified the County of the need to elimi-
facility deficits and to establish an acceptable
management program consistent with Florida Adrninis-
(F.A.C.) Rule 9J-5; and
Whereas the Department and the County have been working together
to provide a means for compliance with the adequate facilities
provisions, including the development of a "Concurrency Manage-
ment Strategy Alternatives" Report; and
Whereas, the Department and the County have determined that re-
solving their dispute through this Agreement is preferable to
expending their resources in litigation; and
Whereas it is the intent of the County to rigorously enforce the
provisions of the plan for areas where no facility capacity re-
mains beyond that required by existing or already approved devel-
opment; and
Whereas it is the intent of this agreement to clarify the devel-
opment standards in Section 9-502 in order to provide for pro-
vide for a fair and equitable method of applying these criteria
which require that development have adequate facilities at the
time of permitting; and
Whereas the Department and the County agree to amicable resolve
their differences associated with the implementation of the Coun-
ty's plan and land development regulations, specifically those
provisions dealing with adequate public facilities; and
THEREFORE, the County and the Department
agreement to effectuate the provisions of
assist the County in the implementation
plan and land development regulations;
hereby enter into this
Chapter 380 and to
of their comprehensive
1.
AREAS WITH INADEQUATE CAPACITY
(Attachments Al-Transportation LOS, A2-S01id Waste LOS)
The County shall not approve applications for development in
the areas of the County which are served by inadequate facili-
ties as shown in Attachments Al and A2.
II. AREAS WITH MARGINAL CAPACITY
III areas where the current or future annual facilities re-
ports indicates that a public facility is at the level of ser-
'Jice standard (LOS) the county shall either deny the application
or condition the approval so that the LOS standard is not violat-
ed.
III. The County, with the exception of those categories list-
ed in Section VI, shall require that all applications for devel-
opment approval will include a development impact report, includ-
ing a traffic impact analysis. The development impact report
must demonstrate whether or not the proposed development will be
served by adequate public or private faci.lities. The develop-
ment impact report must also demonstrate that proposed approvals
are conditioned so as to minimize the potential of reaching inad-
equate levels of service for public facilities. The impact analy-
sis shall use acceptable professional methodologies and stan-
dards as agreed upon by the County and the Department. The Coun-
ty shall include the development impact report in its assessment
of all development applications.
IV.
agement
1990.
with
shall
The County shall prepare and submit a concurrency man-
plan consistent with F.A.C. Rule 9J-5 by January 1,
If the concurrency management system is not consistent
9J-5, the exemptions in paragraph VI. of this agreement
no longer be effective.
V. The Department and the County agree to establish stan-
dard procedures for the preparation of development impact analy-
sis and levels of service standards and analysis within two
weeks of the effective date of this agreement.
VI. The Department and the County agree to exempt from the
restrictions and requirements of this agreement certain cate-
gories of developments which are either grandfathered, or are
needed to expand pUblic facility requirements, or are affordable
housing.ptoject8~ or by their nature do not impact public facili-
ties. Ttlis exefu~tiGn is limited to the following:
1. vested prejeets currently under review by Monroe County as
enumerated in At~aohmefit a, sUbjeot to a favorable vested rights
determination consistent with the standards in Section 9.5 _
183, MCLDRi and major developments which have not lapsed under
Section 9.5 - 2(b)(4)a.b., MCLDR.
2. A single family dwelling unit.
3. Accessory uses where there is no increase in density or in-
tensity of use which would impact public facilities.
4. Any project intended to serve a public purpose and needed to
expand public facility capacity.
5. Affordable Housing projects requiring conditional use approv-
al.
VII. The Department shall:
1. Pl"ovide technical assistance to Monroe County in the prepara-
tion of the concurrency management plan.
2. Upon receipt of an acceptable work program, provide funding
to Monroe County to expedite and accelerate the County's submit-
tal of an acceptable concurrency management plan.
3. Not appeal exempted projects based upon the adequate public
facility provisions. However, the Department does not waive its
enforcement rights based upon other provisions of the compre-
hensive plan and land development regulations.
4. The Department shall review the concurrency management plan
and inform the County by January 30, 1990, whether or not it is
acceptable.
VIII. Nothing in this agreement is intended to limit the abil-
ity of the County to impose addition development restrict-
ions, including moratoria in all or part of the County.
[>1onroe County
Department of Community
Affairs
By:
Michael H. Puto
Mayor, Monroe County
Board of County Commissioners
By:
Thomas G. Pelham
Secretary
DATE:
DATE:
(SEAL)
Attest:
SY
Clerk
, "~
.l "
,:
BENEFICIAL USE
. Applicant
GATEWAY TO THE SEA
LA FRANCE, VICTOR
GLYNN, JAY
VESTED RIGHTS
COCO PLUM BEACH
CULLEN, WILLIAM
Total Area
.35 acres
1/3 acre
90 acres
-1 acre
1ST FEDERAL SVGS & LOAN 4.3 acres
HARRISON-SHADEK
HENNING/AKERS
KEPHART/BARTECKI
(Spoonbill)
KUZCA
LIBERTY LAND CORP.
PARRISH, JAMES
PATCH, GLENN
SEAWATCH-FIRST FED.
SVGS & LOAN
TERRA COTTA REALTY
TROPIC SOUTH
SUMMERLAND KEY PROP.
145 acres
7 acres
25 acres
12 acres
4 acres
.32 acres
2.89 acres
45 acres
25.26 acres
\34.87
205.23
,
acres
acres
Planned Project
commercial struc-
ture with affordable
housing on top
single house
350 single homes
condominium ,phase I
complete, phase II pend-
ing VR outcome
marina, boat storage, re-
pairs expansion
Phase III of major develop-
ment-townhomes
EAST SIDE-mixed use sub-
division
develop into horse property
50 unit residential
development
condominium-multi phased
50% constructed
continued use of nursery,
retail/whOlesale/feed store
to build radio station
trailer park
condominiums
(island) multi Slip
dockage and residential
--- (file out)
---(existing-single
family a~d lots
,
/..
1 ,/
MIRMELLI, STEVEN
13 acres
72 residential units,
marina, clubhouse
,.,
CHARLES M. VALOIS
VITOLO/SOUTHLAND
rm/
vrdhlist
t.
40 acres
single family homes
single family homes
97 acres
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