Resolution 203-2006
COMMISSIONER GEORGE NEUGENT
RESOLUTION NO.
203
- 2006
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS EXPRESSING CONCERN ABOUT
THE LARGE SCALE MIXED USE DEVELOPMENT, PROPOSED
BY ATLANTIC CIVIL INC., AND CONTRIBUTING FUNDS TO
THE TROPICAL AUDUBON SOCIETY INC., FOR ASSISTANCE IN
THEIR EFFORTS REGARDING TinS PROJECT
WHEREAS, in July 2005, Atlantic Civil Inc. ("ACI") applied for a
Development of Regional Impact (DRI) permit to develop 1,465 acres of a 3,187
acre tract located approximately at the junction of Card Sound Road, U.S. 1
and the Florida Turnpike in south Miami-Dade County, with plans to build
6,000 residential housing units, 300,000 square feet of commercial space, 60
acres of parks, schools, office space, a theatre and a 240-room hotel over a ten
year period; and
WHEREAS, ACI has systematically been clearing the land and ftliing the
wetlands in the area based on a permit they received from the Army Corp of
Engineers; and
WHEREAS, the Tropical Audubon Society Inc., a Florida non-profit
corporation, and the National Parks and Conservation Association, a foreign
non-profit organization iocated in Washington, D.C., have filed litigation in
opposition to the permit granted to ACI by the Army Corp of Engineers which
litigation, if successful, will stop the development and maintain the property as
farm land; and
WHEREAS, continuation of this project will severely burden hurricane
evacuation throughout the Florida Keys by the addition of a large number of
people residing and working in the area, and the proposed development will
utilize SW 360th Street as the project's main exit point which is located at the
critical junction of Highway 1 and Card Sound Road, the route used as the only
exit for citizens and visitors of the Florida Keys; and
WHEREAS, future development of the Florida Keys is directly related to
the time necessary for mandatory evacuation of residents and visitors; and
WHEREAS, the proposed development will establish an increased
permanent and transient population at the entrance to the Florida Keys with
the inevitable increase in the number of "day-trippers and week-enders,"
overwhelming the roads, other infrastructure and services of the Keys, without
giving consideration to these negative impacts on the Florida Keys which limit
their development ; and
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WHEREAS, approval of this project stands to impact adversely the
environment in the Florida Keys as storm water run off from such a
development could lead to increased pollution into the Florida Bay and the
Everglades; and
WHEREAS, on April 21, 2004, the Board of County Commissioners
passed a resolution to oppose, and directed its staff to oppose, any element or
phase of the proposed deveiopment that is shown to have deleterious and
negative impact, either directly or indirectly, on the health, safety, and welfare
of its residents and on the environment and tourism economic base of the
Florida Keys; and
WHEREAS, the litigation brought by the Tropical Audubon Society Inc.,
and the National Parks and Conservation Association has reached an important
point and a Motion for Summary Judgment is set for hearing on June16,2006,
funding at this time would provide critical support in opposition the ACI
development;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Finding of Fact:
1. The proposed development by AC1 may have significant negative impact on
the Florida Keys in terms of Hurricane Evacuation, loading of traffic,
infrastructure, water supply and water quality in the waters adjacent to and
surrounding the Florida Keys.
2. The proposed development by ACI may encourage and induce additional
urban sprawi in south Miami-Dade in an area adjacent to the only land
entrance to the Florida Keys.
3. The continued clearing and filling of the land at the proposed development
site is ongoing under a permit issued to ACI by the Army Corp of Engineers and
is a significant step toward installation of the project.
4. Opposition to the development is presently being litigated by the Tropical
Audubon Society Inc., and the National Parks and Conservation Association in
the United State District Court, Southem District of Florid, Case Number 06-
20256-CIV-CookejBrown, and the litigation is at a critical stage.
5. It is in the best interest of Monroe County to support the efforts of those in
opposition to the development and to monitor the progress of the project.
ACTIONS AUTHORIZED:
I. The Board of County Commissioners hereby authorizes an amount of
Twenty-Five Thousand Dollars ($25,000.00) to be paid to the Tropical Audubon
Society Inc., upon the receipt of documentation to support reimbursement of
expenditures for opposition to the proposed Project to develop 1,465 acres of a
3,187 acre tract located approximateiy at the junction of Card Sound Road,
U.S. I and the Florida Tumpike in south Miami-Dade County.
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2. Conditions of the contribution are that: Tropical Audubon Society shall
submit documentation acceptable to the Clerk of Court for Monroe County
which demonstrates that it complies with generally accepted fund accounting
principles, and shall submit verifiable documentation which demonstrates that
the contribution is used solely for purposes for which it has been designated by
the Board of County Commissioners, and further that if the Clerk determines
that the funds have not been used as the Board of County Commissioners has
directed that the Tropical Audubon Society shall return the funds wrongfully
distributed to the Clerk of the Court with interest calculated pursuant to Sec.
55.03(1) FS.
3. The Division Director of Growth Management shall determine that Tropical
Audubon Society will comply with the above conditions and shall confirm their
approval in writing, shall determine that the prerequisites have been met, and
shall provide the necessary information to the Clerk to issue a check to the
appropriate representative of the Tropical Audubon Society.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said board held on the 19th day of April,
2006
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Mayor Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
Commissioner Dixie Spehar
Commissioner District 5
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vacant:
BOARD OF COUNTY
COMMISSION S OF
MONROE CO , FLORIDA
BY:
Mayor Charles "S
MONROE COUNTY ATTORN
AP ROVED AS T7jR .
AT lEENE W. CASSEL
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