08/17/2005
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MEMORANDUM OF AGREEMENT
AGREEMENT PURSUANT TO SECTION 380.032(3) FLORIDA STATUTES
BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE
COUNTY TO ALLOW AN EXEMPTION TO MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN POLICY 101.4.24 AND
LAND DEVELOPMENT REGULATION SECTION 9.5-283, MAXIMUM HEIGHT,
APPLICABLE TO THE NEW TERMINAL DEVELOPMENT PROJECT
AT THE KEY WEST INTERA TIONAL AIRPORT
THIS SECTION 380.032 AGREEMENT is being entered into by and between the State of
Florida Department of Community Affairs ("DCA") and the County of Monroe ("Monroe
County") pursuant to the terms and conditions herein and Section 380.032(3), Florida Statutes.
WITNESETH
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 comprehensive
plan and land development regulations, approved by the State as required by law; and
Whereas, DCA is the state land planning agency authorized to administer the provisions of
Chapter 380, Florida Statutes, the Environmental Land and Water Management Act (the "Act") 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, Monroe County is required to issue development orders only in conformity with
its approved Year 2010 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 authorized by Section 380.032(3), Florida Statutes, to enter into an
agreement with any landowner, developer or other governmental agency as may be necessary to
effectuate the provisions and purposes of the Act, or any related rule; and
Whereas, Monroe County owns the Key West International Airport facilities and property;
and
Whereas, the Key West International Airport is within the incorporated City of Key West;
and
Whereas, although the property is located within the City of Key West, the Monroe County
Year 2010 Comprehensive Plan and Land Development Regulations apply to the County-owned
new terminal development project; and
Section 380.032 Agreement-EYW new terminal height
20f8
Whereas, Monroe County desires to renovate the Key West International Airport and
construct a new terminal and parking lot in accordance with specifications as set forth in
Attachment "A" hereto; and
Whereas, the main roofline of the new terminal structure is proposed to be forty feet and six
inches (40'-6") in height from grade and necessary appurtenances are proposed to be forty-seven
feet (47') in height from grade; and
Whereas, Monroe County 2010 Comprehensive Plan Policy 101.4.24 states that in order to
preserve the existing community character and natural environment, Monroe County shall limit the
height of structures including landfills to thirty-five (35) feet. Exceptions will be allowed for
appurtenances to buildings, transmission towers and other similar features; and
Whereas, Monroe County Land Development Regulations Section 9.5-283, Maximum
Height, dictates a maximum height limit of thirty-five (35) feet; and
Whereas, at the July 13,2005 public meeting of the Monroe County Planning Commission,
the Commission voted to approve the Project, contingent upon the height limit being approved by
implementation of provision of Chapter 380, Florida Statutes and the Monroe County Year 2010
Comprehensive Plan and Land Development Regulations; and
Whereas, an exemption to the Monroe County Year 2010 Comprehensive Plan Policy
101.4.24 and Land Development Regulations Section 9.5-283, Maximum Height, is necessary to
allow for a first level parking area; second level terminal area, and sufficient architectural roofing
detail so as to be functional as well as aesthetically pleasing; and
Whereas, the first level of the new terminal will be for parking, with a clearance
requirement as dictated by Florida Department of Transportation of fourteen feet and six inches
(14' -6"); and
Whereas, the second level of the new terminal will be for "functional working spaces" such
as ticketing and security, with a ceiling height often feet (10'); and
Whereas, the ten foot (10') ceiling will be partially enclosed where necessary to
accommodate mechanical equipment such as air conditioners, and partially opened such that the
roof truss system is visible to allow for effective interior signage and natural light through clerestory
windows; and
Whereas, an open truss roofing system is necessary to allow for a pitched roof to adequately
accommodate typical weather conditions including wind, rain, and hurricane conditions; and
Whereas, the maximum height of the roof will be forty feet and six inches (40'-6") above
grade, with a maximum height for necessary appurtenances to be forty-seven feet (47'). Such
appurtenances are required and will house necessary mechanical equipment; and
Whereas, it is in the public interest, and in furtherance of the Principles for Guiding
Development listed in Chapter 28-36, Florida Administrative Code, that the height of the new
terminal at Key West International Airport exceed the maximum of thirty-five feet (35') as
regulated by Monroe County 2010 Comprehensive Plan Policy 101.4.24 and Land Development
Regulation Section 9.5-283.
Section 380.032 Agreement-EYW new terminal height
30f8
NOW, THEREFORE, in consideration of terms and conditions set forth hereafter, Monroe
County, and DCA do mutually agree as follows:
1. Performances and Covenants. The New Terminal Development at Key West
International Airport Project may be exempt from the Monroe County Year 2010
Comprehensive Plan Policy 101.4.24 and Land Development Regulation Section 9.5-
283, Maximum Height, and be constructed to a maximum height of forty feet and six
inches (40'-6") from grade for the main roofline, and forty-seven feet (47') for
necessary appurtenances, from grade, per attached plans (Attachment "A").
2. Construction of the Agreement. The parties hereto have entered into this Section
380.032 agreement in recognition of the unique circumstances applicable to the Key
West International Airport Property and new terminal development proposal, and in
consideration of the public benefits to be obtained by construction and development of
the new terminal as proposed. Accordingly, this Section 380.032 Agreement should not
be construed as establishing precedent or procedure for any other development
application.
3. Authorized Signatures. The Mayor of Monroe County, or her authorized designee, shall
execute this Section 380.032 Agreement on behalf of Monroe County following
approval of this Agreement by the Monroe Board of County Commissioners. The
Director of the Division of Community Planning, or his authorized designee, shall
execute this Agreement on behalf of DCA.
4. Miscellaneous. If any term or provision of this Section 380.032 Agreement 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 provision would prevent the accomplishment of the original intent
of this agreement between the parties.
5. Entirety of Agreement. Monroe County and DCA further agree that this Section
380.032 Agreement contains the entire and exclusive understanding and agreement
among the parties and may not be modified in any manner except by an instrument in
writing and duly signed by Monroe County and DCA, except as otherwise provided for
under Section 8, Terminations.
6. Enforcement. In the event of a breach of this Section 380.032 Agreement, or failure to
comply with any condition of it, Monroe County and DCA may enforce this Agreement
pursuant to Sections 380.05 and 380.11, Florida Statutes, or as provided by law.
7. Scope of Authority. This Section 380.032 Agreement affects the rights and obligations
of Monroe County and DCA as provided under the terms herein and Chapter 380,
Florida Statutes. This Section 380.032 Agreement is not intended to influence or
determine the authority or decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required by state law or local
ordinance for any development authorized by this Agreement except as otherwise
provided herein.
Section 380.032 Agreement-EYW new terminal height
40f8
8. Terminations. Either party may terminate this Section 380.032 Agreement 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.
9. 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; (Monroe
County) Mayor, Monroe County Board of County Commissioners, 1100 Simonton
Street, Key West, FL 33040 with a copy to the Director of Growth Management,
Monroe County Growth Management Division, 2798 Overseas Highway, Suite 400,
Marathon, FL 33050.
10. Effective Date. This Section 380.032 Agreement shall become effective upon signature
of the last of the parties to sign this Agreement, and shall end upon the termination of the
Florida Keys Area of Critical State Concern designation, unless terminated earlier
pursuant to Section 8, Terminations, above.
IN WITNESS THEREOF, the parties by and through their respective undersigned duly
authorized representatives have executed this Agreement on the dates and year below
written.
BOARD OF COUNTY COMMISSIONERS OF
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MA YOR/CHAIRMAN
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DA~HAGE, CLERK .
By: e.. &;)6~
Deputy Clerk
Approved for Legal Sufficiency: ;;rff ~
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Section 380.032 Agreement-EYW new terminal height
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