Resolution 356-2005
RESOLUTION NO. 356-2005
A RESOLUTION DIRECTING STAFF OF THE GROWTH
MANAGEMENT DIVISION TO CONTINUE THE POLICY OF
DEFERRING THE ACCEPTANCE AND PROCESSING OF
DEVELOPMENT APPLICATIONS AND THE ISSUANCE OF
DEVELOPMENT APPROVALS FOR THE TAVERNIER
HISTORIC DISTRICT AND FOR THE U.S. HIGHWAY 1
CORRIDOR FROM TAVERNIER CREEK TO MILE MARKER
97; DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICA TrONS UNTIL DESIGN STANDARDS AND
GUIDELINES WHICH HAVE BEEN ADOPTED BY THE
BOARD OF MONROE COUNTY COMMISSIONERS BECOME
EFFECTIVE OR UNTIL THE PASSAGE OF 90 DAYS FROM
THE DATE OF THIS RESOLUTION WHICHEVER OCCURS
FIRST; DIRECTING STAFF TO CONTINUE PREPARATION OF
NEW LAND DEVELOPMENT REGULA TrONS.
WHEREAS, the Monroe County Board of County Commissioners at their meeting
on June 15, 2005 adopted Ordinance No. 011-2005 deferring the acceptance of
development applications until design and standards guidelines could be adopted for
development occurring within the U.S. Highway 1 corridor between Tavernier Creek and
Mile Marker 97; and
WHEREAS, the Board also adopted Ordinance No. 012-2005 on June 15, 2005
deferring the acceptance of development applications until design and standards
guidelines are adopted for development within the boundaries of the Tavernier Historic
District Overlay; and
WHEREAS, said ordinances expired on September 1, 2005; and
WHEREAS, on August 17, 2005 the Board adopted Ordinance No 019-2005
establishing the development review standards and guidelines for the Tavernier Historic
Overlay District; and
WHEREAS, the Board also adopted Ordinance No 020-2005 on August 17,2005
establishing the development standards and guidelines for Tavernier Creek and Mile
Marker 97 U.S. Highway 1 District Overlay and transmitted the above ordinances to
DCA on September 13, 2005; and
WHEREAS, said ordinances have not yet been processed by the DCA pursuant
to Chapter 380 which requires a written waiver of appeal be executed by DCA and
transmitted to Monroe County and for an additional appeal period of 21 days to expire
before the ordinance becomes effective; and
WHEREAS, there exists a gap in time between the expiration of the Interim
Development Ordinances and the adoption of the new design standards and guidelines
such that property within the Tavernier Historic District and Overlay areas will be
unprotected from unregulated development during the interim time period if the policy of
deferring development applications is not extended until design standards and guidelines
can become effective.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
Pursuant to the pending legislation doctrine in Smith v. Citv of
Clearwater. 383 So. 2d 681 (Fla. 2nd DCA 1980), County staff shall
continue the policy of deferring the processing of development
applications and halting the issuance of development approvals within the
Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor District
Overlay and within the Tavernier Historic District Overlay until such time
as the design standards and guidelines can be duly enacted by the
Department of Community Affairs in accordance with the processes set
forth in Chapter 380 Florida Statutes for oversight of Area of Critical State
Concern.
This policy shall be in effect until the land development regulations in
Ordinance No. 019-2005 and Ordinance No. 020-2005 which have been
adopted by the Board of County Commissioners become effective or until
the passage of 90 days, whichever occurs first.
Until expiration of this Resolution, no building permit application or
planning approval identified in Section 1 herein shall be granted pursuant
to an application or request with a submittal date of September 28, 2005 or
later.
Growth Management staff is directed to continue the preparation and
adoption of land development regulation amendments and other
supporting studies in cooperation with the Planning Commission to
address the need for maintaining the historic flavor of the Tavernier
Historic District Overlay and U.S. Highway 1 Corridor between Tavernier
Creek and Mile Marker 97.
(The remainder of this page is intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a meeting of said Board held on the 28tlday of Sept. ,2005.
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Mayor Dixie M. Spehar
Mayor Pro Team Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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Mayor Dixie M. Spehar
ATTEST: DANNY KOHLAGE, CLERK
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DEPUTY CLERK
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