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Resolution 044-1984 RESOLUTION NO. 044 -1984 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND ISSUING A DRI DEVELOPMENT ORDER FOR THE GARDEN COVE DEVELOPMENT LOCATED IN NORTH KEY LARGO, MONROE COUNTY, FLORIDA; INCORPORATING A LEGAL DESCRIPTION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND CONDITIONS GOVERNING DEVELOPMENT APPROVAL. WHEREAS, City National Bank of Miami, as Trustee under Land Trust No. 500562-8 dated December 29, 1980 (hereinafter "Owner"), is the record title owner of a tract of real property located in Monroe County, Florida, known as Port Bougainvi11e which is described by legal description attached hereto as Exhibit "A" (hereinafter "Port Bougainvi11e"); and WHEREAS, Port Bougainvi11e has been approved pursuant to Resolution No. 277-1982 (hereinafter "Amended Port Bougainvi11e Development Order") by the Board of County Commissioners for Monroe County, Florida; and WHEREAS, City National Bank of Miami, as Trustee under Land Trust No. 500578-3, dated December 30, 1981 (hereinafter "Owner" or "Applicant"), is the record title owner of a tract of real property in Monroe County, Florida, known as Garden Cove, which is described by legal description attached hereto as Exhibit "B" (hereinafter "Garden Cove"); and WHEREAS, Garden Cove is an interrelated project with, and a substantial deviation to, Port Bougainvi11e pursuant to Resolution No. 277-1982; and WHEREAS, pursuant to Resolution No. 277-1982, Condition No. 43, the Owner was ~equired to submit to the County, the South Florida Regional Planning Council, and the Department of Community Affairs, a DRI Application for Development Approval (ADA) for Garden Cove based on the cumulative impacts of both the Garden Cove and Port Bougainvi11e developments; and WHEREAS, an ADA for Garden Cove and an application for Preliminary Major Development P1an/PUD Plat has been filed with Monroe County, the South Florida Regional Planning Council, (hereinafter "SFRPC"), the Department of Community Affairs (hereinafter "DCA") and other agencies as required pursuant to ,., Monroe County Resolution No. 277-1982 and Chapter 380.06, Florida Statutes; and WHEREAS, Monroe County has received the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Garden Cove", dated October 1983 (hereinafter the "SFRPC Recommendations" or "SFRPC DRI Assessment"), which recommends approval of Garden Cove subject to certain specified conditions; and WHEREAS, the Monroe County Zoning Board has held a public hearing on October 27, 1983 and November 3, 1983 to review the Owner's proposed plan for Garden Cove and has granted, pursuant to Zoning Board Resolution No. MD 83-20, incorporated herein by reference, Preliminary Major Development Plan/PUD Plat approval, subject to specified conditions, and has recommended to the Board of County Commissioners that the ADA for Garden Cove be approved subject to the conditions specified in the SFRPC Recommendations; and WHEREAS, Zoning Board Resolution No. 83-20 has been appealed and acted upon by this Commission; and WHEREAS, the Board of County Commissioners has held a public hearing on the ADA and the SFRPC Recommendations pursuant to the requirements of Chapter 380.06, Florida Statutes; and WHEREAS, pursuant to Resolution No. 277-1982, the Board of County Commissioners has adopted additional conditions with respect to Port Bougainville to enhance positive and mitigate negative impacts based upon the results of the cumulative impact review of Port Bougainville and Garden Cove. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated by reference. 2. Garden Cove Development Order. This Resolution shall hereinafter constitute the Development Order for Garden Cove. 3. Application of Resolution to Port Bougainville. The additional conditions included in Section 9 hereof shall apply to 2 Port Bougainvi11e in order to enhance positive and mitigate negative impacts based on the results of the cumulative impact review of Port Bougainvi11e and Garden Cove. 4. Legal Descriptions. The real property, known as Garden Cove located in Monroe County, Florida, which is subject to this Development Order, is legally described and identified in Exhibit "B" hereto which is incorporated by reference and made a part hereof as if set forth in full. The real property, known as Port Bougainvi11e, is legally described and identified in Exhibit "A" hereto which is hereby incorporated and made a part hereof as if set forth in full. 5 . Garden Cove Alternate Site Plan. The plan approved for Garden Cove is contained in the amended ADA and is hereinafter referred to as the "Alternate Site Plan". 6. Findings of Fact. (a) The following findings of fact are made with respect to the Garden Cove ADA, as amended, and the Alternate Site Plan: (i) Positive Regional Impact. The Board of County Commissioners hereby finds that Garden Cove, when developed according to the Alternate Site Plan, would have the following positive regional impacts: (1) Preservation of 28.4 acres, or 52 percent, of the hard- wood hammock on-site. These forest preserves will be protected by restrictive covenant running with the land and binding on the Applicant, its successors and/or assigns. These covenants ensure that this forest acreage will enjoy greater protection than that currently granted under federal, state, or local law. (2) Removal of existing noxious, exotic vegetation from the site, replacing such undesirable species with native vegetation; transplanting of removed vegetation to the maximum extent feasible to other locations on-site; and preservation and incorporation into the landscaping plan of any unusual or rare specimen trees or clumps. (3) Reintroduction to the site at least 300 seedlings of 3 several threatened and endangered plan species indigenous to North Key Largo, but not currently on-site. (4) Provision of new habitat for the threatened Schaus' Swallowtail Butterfly, currently being considered for upgrading to the "endangered" designation by the Federal government, by planting torchwood, the main host plant of the butterfly, along the edge of forests where vegetation has been removed. (5) Preservation of a buffer of at least 130 feet of undisturbed hammock vegetation between the small channel, along the northwestern portion of the site, leading to Lake Surprise and the residential buildings on the Bay side of C-905 to ensure that the project, which is located outside the boundaries of the Crocodile Lake National Wildlife Refuge, does not affect this endangered species. (6) Clean-up, revegetation, and preservation by restrictive covenant, of the coastal mangrove area on the Atlantic Ocean that has been used as a refuse dump by local residents. By defining a Shoreline Protection Zone, regrading the site, and replanting a natural range of mangroves from red and black mangroves at the lowest elevation to white mangroves and buttonwood transition at the highest elevation, the project will increase the size and stability of the tidally-influenced mangrove area and enhance its water cleansing and other biological properties, thereby improving its productivity and protecting offshore water quality. That this mangrove area will be better protected than it is now is underscored by its current use as a dump by area residents. (7) Preservation of a 0.5 acre bay cedar transition forest unaltered. (8) Preservation of the 6.68 acre impounded mangrove and associated buttonwood transition zone north of Atlantic 4 Boulevard/Garden Cove Drive by restrictive covenant, although, as an impounded vegetative community, this acreage would not appear to fall under the preservation requirements of Chapter 4, Monroe County Code. (9) Use of advanced site and engineering design to integrate the hydrologic biological cleansing functions of the above referenced natural system preserves into project stormwater management to ensure that offshore water quality and marine resources, including the coral reef, are protected. These measures are far in excess of those used by existing adjacent property owners, exceeding all local, state, and federal standards, and set a new standard for environmentally sound development in the Florida Keys. (10) Employment of 572 construction workers during the three year build-out period and, in conjunction with the development of Port Bougainville, support of nearly 4,100 employee years of labor during the six year construction period, with over $104 million dollars in construction wages to the local economy. The cumulative regional impact of construction of both projects is estimated to be about 15,700 temporary full-time equivalent jobs, with $175 million in total wages, and a $225 million increase in net value added to the regional economy. (11) Creation of jobs for between 328 and 450 permanent employees on the Garden Cove site and about 1,150 within Port Bougainville. The cumulative regional impact of Garden Cove employment would be between 630 and 900 new jobs, with total annual wages between $9.3 and 14.0 million dollars, and between $13.0 and $19.6 million dollars in net value added to the four-county regional economy. (12) Generation of a net fiscal surplus of $275,000 annually, with about $107,000 for Monroe County, $120,000 for the School District, and $48,000 for the 5 miscellaneous taxing districts combined. The combined direct fiscal impact of Port Bougainville/Garden Cove is projected to be an annual regional surplus of $4.34 million, with $1.59 million for Monroe County, $2.51 million for the School District, and $0.24 million for the miscellaneous taxing jurisdictions combined. (13) Provision of extensive private and public recreation facilities, with 75 percent of the site as open space, including 36 acres (57 percent of the total site) in hammock and mangrove forest preserve; a 2.3 acre sports field and active recreation center near C-905 and Loquat Drive to be dedicated to the County after construction; and funding for the development of a passive waterfront park on the County-owned property adjacent to Garden Cove, between Atlantic Boulevard and the Atlantic Ocean, including shoreline revegetation if desired by the County. In addition, the formerly-approved Port Bougainville development includes two marinas; six outdoor tennis courts; enclosed tennis courts, exercise equipment, racquetball, and the adult-oriented indoor facilities; a children and teenager center; child playgrounds; a bicycle and jogging path; nature trails, observation station, boardwalk and interpretative center; beaches and upland lakes for swimming, fishing, non-motorized boating; and 72 acres of hammock and 134.2 acres of mangrove preserve. (14) Promotion of historic preservation goals and objectives by providing funding for development of a passive waterfront park on County-owned property that is the site of an historical cistern recommended for preservation/park development by State and local archaeologists and by preservation of two historical sites on Port Bougainville. (15) Enhancement of health care and emergency services in the area by establishing 10,000 square feet of medical 6 offices; constructing an emergency communication center that would provide hurricane and weather warning, an integrated fire alarm system, and emergency medical alerts; and providing emergency medical evacuation by helicopter to the mainland. (16) Lease of the fire station site, if requested by the County, for fifty (50) years for the nominal rate of $1.00/year and construction of $60,000 in improvements to the existing station. (17) Lease of 3,500 square feet of space, if desired by the County, for fifty (50) years at an annual rent of $1.00 to be used for public purposes, including, at the option of the County, use of this space for a police substation. (18) Provision of over $8 million (present value) of subsidized housing for 400 employees from Port Bougainvi11e/Garden Cove, for a 20-year period, reducing the potential impacts of ancillary housing development on the Keys and Dade County, lessening traffic congestion on County and State roads, and assuring provision of low and moderate income housing affordable to project employees. (19) Enhancement of County disaster preparedness and response capabilities by providing hurricane shelter for over 3,750 people, exceeding the demands of the project by over 1,440 persons. Due to the location of this space at the most critical link in the evacuation route, the 2-1ane U.S. 1 from Key Largo to Florida City, where congestion is likely to impose long delay on evacuees, the project provides an alternative to those caught on the roadway as storm tides and winds threaten the safety of continued evacuation. Also, by including provision for emergency power, water, and food, this shelter can serve as an evacuation destination for County hospitals if patients cannot be evacuated to the mainland. 7 (20) Use of preserved hammock and mangrove vegetation between the Atlantic and most of both developments to buffer wave action and reduce the impacts of storm surge. (21) Compliance with local, regional, and State policies, standards, and regulations governing approvals of Major Development Projects, pursuant to Chapter 6, Article VII, M.C.C., as well as other applicable local ordinances; Developments of Regional Impact in accordance with Section 380.06, F.S., and consistent with regional policies articulated in Section 298F-2.045, F.A.C.; and Area of Critical State Concern guiding principles and land development regulations specified in Sections 27F-8 and 27F-9, F.A.C. (ii) Negative Regional Impacts. The Board of County Commissioners hereby finds that Garden Cove, when developed according to the Alternative Site Plan would create negative regional impacts, for which mitigation measures have been specified, as follows: (1) Removal of 25.8 of the 54.2 acres of tropical hardwood hammock on the site, consisting of 8.52 acres of highest value hammock (continuous canopy/high trees), 15.05 acres of medium value hammock, and 2.32 acres of low value hammock (uneven canopy, low to medium trees); however, the project preserves 52.4 percent (28.4 acres) of the hardwood hammock, and 100 percent of 7.6 acres of mangroves and buttonwood, or 58.3 percent of all existing forest. Furthermore, a total of 72 acres of hammock forest and 134.2 acres of mangroves will be preserved in Port Bougainvi11e, for a total of 242 acres. Preservation areas will be protected by covenants that run with the land, and bind the current owner, his successors and/or assigns, providing greater long term protection to these areas than is afforded under existing statutes and regulations. (2) Create a short term increase in air pollution due to 8 the operation of a temporary concrete batching plant during construction; however, the Applicant will use a filter vent system to remove 99.6 percent of particulates. A permit for this facility was issued by the Department of Environmental Regulation in March, 1983. (3) Result in a long term increase in air pollution due to automobile emissions from vehicles traveling to or from the project. Although the Applicant's air quality analysis projects 1-hour and 8-hour emissions to be well within State and County standards, the Applicant has proposed frequent tram service between Garden Cove and Port Bougainvi11e, in addition to tram service within Port Bougainvi11e itself; bicycle paths and a grade-separated crossing under C-90S connecting the two portions of Port Bougainvi11e; and conveniently located bicycle paths, and traffic flow improvements to C-90S, U.S. 1, and their intersection; all of which serve to reduce vehicle use and/or emissions associated with the projects. In addition, the 242.4 acres of preserved forest within Garden Cove/Port Bougainvi11e will absorb carbon monoxide emissions, further reducing air pollution, and the Applicant will, as a condition of the Development Order, fund or conduct a long term study of the subtle effects of air pollution on tropical hammocks, including effects on symbiotic microorganisms, photosynthesis and respiration, tree reproduction, nutrient cycling, and stress symptoms, thereby contributing knowledge that can be used, in the future, to ensure even better management of this unique natural resource. (4) Cause, as a result of project construction, a small net change in the natural porosity of the existing surface through infilling of naturally occurring spaces and compaction; however, the proposed drainage plan will ensure retention of runoff on-site. 9 (5) Remove upland, by excavation, that cannot be reclaimed by hammock forest. The excavation will generate an excess of 691,000 cubic yards of fill in the Upper Keys where fill is necessary for most construction and expensive to purchase. Further, by condition to the Development Order, the Applicant will donate fifty percent (50%) and sell, at cost, fifty percent (50%) of the fill necessary for the County to raise the elevation of Card Sound Road between the bridge and C-905, to 5.5 feet above mean sea level, ending the longstanding flooding problem that limits its capacity and use. (6) Increased boating from the previously-built Port Bougainville marinas will increase the potential for coral reef damage. However, the federal and state management agencies have the responsibility to restrict all boat access if it is the source of an unacceptable amount of reef damage. (7) Reduce previous surface and introduce pollutants into the stormwater by hammock removal. To mitigate this impact and prevent contamination of adjacent water, the Applicant has reduced parking to Urban Land Institute standards, which are lower than County standards, for commercial space and, by locating residential parking under the buildings, has further reduced the impervious surface area that would receive pollutants and produce stormwater runoff. All water from asphalt surfaces in both projects would be routed through a 3-stage system that will retain the first 3 inches of runoff and remove up to 90 percent of pollutants introduced into the stormwater. Excess runoff would be routed to the entrance pond, prior to overflow into the hammocks, and to the impounded mangrove area, where any remaining pollutants would be effectively contained and degraded by biological processes. The drainage system proposed, which includes the natural system, would contain and 10 cleanse all stormwater runoff. (8) Concentrate development in an area subject to hurricanes; however, all buildings in both Garden Cove and Port Bougainville will be constructed to FEMA and Standard Building Code requirements for structural strength and will be behind a preserved mangrove storm buffer; the Applicant is providing hurricane shelter capacity, equipped with emergency power generators and communication equipment, far in excess of that needed by project tenants; and Applicant-funded roadway improvements to U.S. 1 and C-905 will improve evacuation safety. (9) Increase average daily potable water demand on the FKAA by 151,000 gallons at Garden Cove and 740,000 gallons at Port Bougainville, with peak demands of 169,000 and 830,000 gallons, respectively; however, the Florida Keys Aqueduct Authority has sufficient capacity to provide the required water. Further, the Applicant is providing a 600,000 gallon storage tank in Port Bougainville for emergency, peak, and fire-fighting use, and has proposed to install low water volume toilets and restricted flow devices throughout the project. (10) Generate an average of 4.72 tons of solid waste per day from Garden Cove and 18.98 tons per day from Port Bougainville. The Monroe County Municipal Service District has indicated that the capacity of the County landfill facility may be exceeded prior to build-out of the Port Bougainville/Garden Cove developments. In the event the Monroe County landfill facility is not accepting solid waste prior to project build-out, the Applicant will implement an interim alternative method of solid waste disposal until Monroe County is again accepting solid waste. In addition, the Applicant is proposing to install a solid waste compactor further to reduce landfill requirements. 11 (11) Increase energy demand by nearly 50 billion BTUs to serve Garden Cove and 215 billion BTUs to serve Port Bougainvi11e, necessitating the addition of an electrical substation in northern Key Largo. While the Florida Keys Electric Cooperative has previously filed an application for substation approval on a site it owns between Port Bougainvi11e and Ocean Reef, the Applicant has indicated that it would be willing to provide a site and front end the costs of installing the transformer substation if the current application is rejected. The Applicant has also proposed to incorporate extensive energy conservation measures including solar water heating, use of appropriate fuels, maintenance of extensive natural vegetation for cooling, common wall construction, reduced glazing, operable windows, ceiling fans, heat recovery water heaters, high efficiency air conditioners and water-cooled heat pumps, open-air corridors in all residential buildings, individual metering of tenants to encourage conservation, flow restricting shower heads, and encouragement of walking, bicycling, and tram use. Additional conservation measures have been included as conditions of the Development Order. (12) Increase student-age population by 204. The Applicant has agreed to pay its equitable share for additional education facilities if necessary. (13) Increase demand for security services in the area; however, the Applicant proposes to provide a private security force on-site and will make a 3,500 square foot space in Garden Cove available to the County for $1 per year, if it wishes, which can house a police substation. (14) Create demand for housing in the area; however, the Applicant has proposed to provide housing for 400 employees from Port Bougainvi11e and Garden Cove. The present value of this subsidy, which will limit 12 employee rent to 3S percent of gross average annual salary, is estimated by the SFRPC at over $8 million. (IS) Add 968 average daily trips at the end of Phase A, 8,366 trips at the end of Phase B, and 7,S84 trips at the end of Phase C to roads in the impact area; in addition to 10,332 trips at the end of Phase A, 17,276 trips at the end of Phase B, and l8,S82 trips at the end of Phase C generated by Port Bougainville. By the end of Phase A, total traffic volumes in the impact area would necessitate reconstruction and signalization of the intersection of U.S. 1/C-90S/Reef Drive in order to maintain LOS "c". Two other intersections, U.S. l/Park Boulevard and Ocean Boulevard, would require signalization. In conjunction with growth in background traffic and committed development traffic, at the end of Phase B, U.S. 1 between C-90S and Card Sound Road would be reduced to LOS "E" if S,300 trips are not diverted to C-90S, but would remain at LOS "C" if those trips did divert to C-90S. To handle this diversion and protect traffic on C-90S, it would require 4-laning between U.S. 1 and the northern edge of Port Bougainville. Three additional intersections along C-90S - Carysfort, Reef Drive, and Project Entrance #3 - would require signalization. In 1989, signalization of two project entrances - #4 and 6 - would be needed. The applicant has previously agreed to fund his "fair share" of all improvement costs including front-ending the total cost of the U.S. 1/C-90S/ Reef Drive intersection, with later reimbursement for amounts in excess of his equitable share. The total cost of these improvements is $2.8 million, of which the Applicant's equitable share is $1.8 million. However, to ensure construction of required improvements on a schedule to meet project demand, the Applicant would construct or fund $2.6 million of these improvements, thereby relieving the 13 County of the need to come up with funding, until an impact fee ordinance is in place to generate the required revenue. 7. Approval of Development Order. Based upon the above findings of fact; the conclusions of law set forth in Section 10 hereof; the development conditions included in both Section 8 and 9 hereof, the Development Order for Garden Cove is hereby approved. 8. Development Conditions. Garden Cove is hereby approved subject to the following conditions which are necessary to secure or enhance the individual and cumulative regional benefits of the project and to avoid or mitigate adverse regional impact created by the project, individually and cumulatively with Port Bougainville: THE APPLICANT, ITS SUCCESSORS AND/OR ASSIGNS WILL: (1) Design a long term program to monitor the possible impact of air pollution from increased traffic on hardwood hammocks, including measurement of any effects on tree reproduction, nutrient cycling, symbiotic microorganisms, photosynthesis and respiration, and stress symptoms as reflected in growth, biomass, species composition, disease and insect outbreaks; submit the research design to the SFRPC, County and the Florida Department of Environmental Regulation (DER) for approval within two years of the effective date of the development order; and implement and report the results of the approved study design in accordance with all procedures and reporting requirements specified therein. (2) Use Best Management Practices to prevent fertilizers and mosquito control pesticides from entering offshore waters or from contaminating torchwood to be reintroduced on the site, and prohibit the use of herbicides on-site. (3) As part of the Annual Report required by Section 16, hereof report on the success of torchwood 14 reintroduction in attracting the Schaus' Swallowtail Butterfly to the site and, if successful, prohibit collection of the Schaus' Swallowtail Butterfly and enforce this prohibition with security personnel. (4) Revise preservation covenants to include the following: a legal description of the environmental parcels incorporated by reference; specification that the covenant touches and concerns the land; deletion of the language limiting Monroe County and state land planning agency enforcement to an action at law; restrict access to the environmental parcels to: (a) conduct of the specified forest management program, (b) scientific research, and (c) nature study and interpretative programs. Upon these revisions and within six (6) months of the effective date of the development order, record the preservation covenant and the Garden Cove Declaration of Covenant, Conditions, and Restrictions and provide recorded copies to the SFRPC, DCA, and the County Planning Department. (5) Provide documentation to the County Planning Department that any plant material, which originates from outside the United States, has been inspected and admitted by the Animal and Plant Health Inspection Service to the U.S. Department of Agriculture. (6) Destroy any plant species imported to the Garden Cove site that becomes invasive, noxious, aggressive, or infested in South Florida environment, as determined by the Applicant or county, state, or federal experts or consultants. (7) Ensure that any hazardous or toxic materials used on- site, including cleaning chemicals or petroleum products, are properly stored; either returned to the distributor for recycling after use or effectively treated; and are disposed of in compliance with all local, regional, state, and federal standards. 15 (8) Expand the hazardous materials spill containment and cleanup plan required by the Port Bougainville Amended Development Order, Resolution No. 277-1982, Condition 19, to include Garden Cove. (9) Construct the gas station underground fuel storage tank so that leaks will be contained within an impervious structure; provide the design and an inventory recording procedure that would detect fuel losses to the SFRPC and DER for review and approval before initiating construction; and expand the oil and fuel spill containment and cleanup plan required by the Port Bougainville Amendment Development Order, Resolution No. 277-1982, Condition 13, to include the gas station on the Garden Cove site. (10) Regularly clean and maintain drainage system grease traps, overflow pipes, and trenches to prevent clogging and maintain pollutant removal capacity, and use efficient vacuum machines to regularly clean project streets and parking lots. (11) Incorporate pervious walkways and parking areas, and reduce site grading, to the extent feasible, in the development plan. (12) Construct the drainage trench for runoff from buildings and pedestrian areas to maintain an even distribution of excess runoff into the adjacent hammocks and to prevent erosion. (13) Assure that excess runoff from the pond at the entrance of the site enters the adjacent hammock in an evenly distributed manner. (14) Revise the Port Bougainville water quality monitoring program and expand it to include Garden Cove, as outlined in Exhibit C, attached hereto and incorporated herein by reference. At any time that monitoring indicates a significant deterioration in marina or offshore water quality, pursuant to State standards for "Outstanding Florida Waters", or a deterioration in 16 Port Bougainville lake water quality below State standards for swimming areas and/or "Class III Waters", the Applicant will notify the County, SFRPC, and DCA and immediately take whatever actions are necessary to improve water quality to the relevant standard for that water body. For the purpose of determining "significant deterioration", water quality data presented in the DRI Application for Development Approval shall be relied upon as the baseline. Furthermore, as part of the Annual Report required in Section 16, hereof, the Applicant will summarize the results of the water quality monitoring program and, if necessary, propose revisions to the monitoring program determined to be appropriate as a result of the prior year monitoring activity. Such revisions shall be deemed approved unless the SFRPC, County, or DCA notify the Applicant within 30 days of receipt of the Annual Report that the proposed revisions are not acceptable. In the event of such an objection to the proposed revisions, the SFRPC, County, DCA, and the Applicant will jointly agree upon revisions to the program within an additional 60 days. (15) Aerate, and implement a schedule program of harvesting biological material and debris from, the pond. (16) Meet all flood elevation and construction standards established by the new Federal Emergency Management Agency maps, including the restaurant that would be located in a V Zone with a l7-foot elevation requirement. (17) Stabilize all excavated and exposed soils during construction by berming, mulching, planting, and spraying water, as appropriate, until final landscaping is completed. (18) Direct runoff, during construction, into swaled settling areas and use silt screens or riprap channels 17 during any activities that could produce runoff into water bodies. (19) Install low water volume toilets and restricted flow shower heads and faucets in all residential units. (20) Provide to South Florida Water Management District (SFWMD), as part of the required application for an irrigation water use permit, a summary of the concerns raised by the SFRPC regarding the reuse of wastewater effluent, given the sensitive unique vegetative species located on-site. If required by condition to the permit to either test or use wastewater effluent for irrigation, closely monitor the effect and provide results to the SFRPC, County, and the SFWMD. (21) Incorporate the following energy conservation measures into the project, in addition to those specified in the Garden Cove Declaration of Covenants, Conditions, and Restrictions: reduced glazing on upper floors of retail and office buildings and operable windows on over 50 percent of the window area to enhance flow-through ventilation; heat recovery water heaters with central air conditioning; individual metering of tenants to encourage energy conservation; select species and space plantings in parking areas to provide shading over a minimum of 50 percent of the parking spaces between 10:00 a.m. and 5:00 p.m., after 5 years of growth; water temperature settings up to 1050F in project commercial buildings, unless otherwise required by health codes; high efficiency air conditioning with an EER greater than 9.9 in commercial buildings and 9.5 in residential; minimum use incandescent lighting; measures which effectively yield, in the cooling mode, R-ll in walls and R-19 in ceilings; use of light colored wall and roof surfaces, with solar absorption coefficients less than or equal to .50, or the use of "self ventilating" or "barreled" roof tiles; and timers for project signs providing automatic shut- off within a few hours of closing. 18 (22) Provide housing, phased to coincide with permanent employment in Garden Cove/Port Bougainvi11e, for 250 employees on the Garden Cove site and for an additional 150 employees within 10 miles, according to the housing program outlined in pp. 178 to 179 of the SFRPC DRI Assessment. (23) Complete and implement the hurricane evacuation plan for Port Bougainvi11e/Garden Cove described in Condition 25 of the Port Bougainvi11e Amended Development Order, Resolution No. 277-1982, and enter into a mutual aid agreement with the County office of Civil Defense for evacuation and cleanup assistance, within one (1) year of the effective date of this Development Order. The said hurricane evacuation plan and mutual aid agreement shall be submitted to, and, at their request, coordinated with, the Dade County Office of Emergency Management and the Florida Bureau of Emergency Management. (24) Design, obtain FDOT and County approval of, and construct (or provide a bond or letter of credit for $715,000 in 1983 dollars or the total cost of the improvements according to bona fide, documented bids presented by the Applicant at the time he is ready to proceed with construction) the intersection of u.s. 1/ C-905/Reef Drive as illustrated in figure 27 of the Council DRI Assessment; and install (or provide a bond or letter of credit for $100,000 in 1983 dollars) traffic signals at the intersections of u.s. 1/C-90S and U.S. l/Reef Drive; prior to applying for a certificate of occupancy for any space in either Garden Cove or Port Bougainvi11e exceeding the cumulative amount of development included in the Transportation, Phase A, project development totals specified in Exhibit D attached hereto and incorporated herein by reference. (2S) Design, obtain County approval of, and construct (or provide a bond or letter of credit for $1,586,000 in 19 1983 dollars or the total cost of the improvement according to bona fide, documented bids presented by the Applicant at the time he is ready to proceed with construction) C-905 from Reef Drive to the northern project boundary as a 4-1ane divided roadway; and install (or provide a bond or letter of credit for $100,000 in 1983 dollars) traffic signals at the intersections of C-905/Reef Drive and C-905/Project Entrance #3; prior to applying for a certificate of occupancy for any space in either Garden Cove or Port Bougainvi11e, exceeding the cumulative amount of development included in Transportation, Phases A and B, project development totals specified in Exhibit D incorporated herein by reference. (26) Install (or provide a bond or letter of credit for $100,000 in 1983 dollars) traffic signals at the intersections of C-905/Project Entrance #4 and C-905/Project Entrance #6 prior to applying for a certificate of occupancy for the last Port Bougainvi11e building. (27) The Applicant shall donate to the County 50% of the fill material required to raise the crown elevation on Card Sound Road (C-905A), south of the Card Sound Bridge, to 5.5 feet above mean sea level. At the request of the County, the Applicant shall further provide all or a part of the remaining 50% of the fill necessary to so raise Card Sound Road at $3.70 per cubic yard (1983 Dollars). All fill donated or provided will be from the Port Bougainvi11e/Garden Cove sites and will be made available to the County at the site. In any event, the Applicant's responsibility to provide this fill to the County will expire as of December 31, 1986, unless extended by mutual consent of the Applicant and the County. (28) Complete, within three (3) months of the effective date of the Garden Cove Development Order, the Upper Keys 20 Traffic Study, incorporating projections for background traffic, all approved developments, including those with Preliminary Development approval; the amount of development that can be supported by various specific facility improvements; and recommendations for development of an impact fee ordinance to assign private developments that receive County approval an equitable share of the costs of the transportation facility improvements required to support the traffic impacts created by those developments; and submit the Study to the SFRPC, County, and FDOT for review and approval. (29) Provide the following facilities on-site to ensure the adequacy of public facilities and services: construct and dedicate to the County an active recreation County park, as illustrated in the Alternate Site Plan; fund a passive, waterfront park on the County property along Atlantic Boulevard, including revegetation of the shoreline if desired by the County; enter into a long-term lease, at the request of the County, for the current fire station site, except for easements, at the nominal rate of $l/year for fifty years; and provide 3,500 sq. ft. of office and meeting space for County services at the nominal rate of $l/year for fifty years, at the request of the County. (30) Consolidate all original and supplemental information submitted to the SFRPC and the County into a revised ADA, and submit the document to the SFRPC, County, and DCA within ninety (90) days of the effective date of a Garden Cove Development Order. (31) Construct the retail uses* at Garden Cove and the residential uses at Port Bougainvi11e (2,206 units, exclusive of the hotel uses) pursuant to the following coordinated construction schedule: Construction of the Garden Cove retail space shall commence no later than the time at which a total of 500 residential units in Port Bougainvi11e have obtained certificates of occupancy; and, * Retail uses includes all proposed retail uses listed on Table 20.9A of the ADA except for the movie theatre and bowling 21 Construction of the Garden Cove retail space shall be 50% complete or under construction (i.e., obtain foundation permits) at the time that a total of 1,000 residential units in Port Bougainville have obtain certificates of occupancy; and Construction of the Garden Cove retail space shall be 75% complete or under construction at the time that a total of 1,500 residential units in Port Bougainville have obtained certificates of occupancy; and Construction of the Garden Cove retail space shall be 100% complete or under construction at the time that a total of 1,840 residential units in Port Bougainville have obtained certificates of occupancy. Provided Further that once this Garden Cove Development Order is finally determined to be valid and/or the force majeure ceases to be in effect, the Applicant shall continue to be entitled to receive residential building permits at Port Bougainville so long as it undertakes a continuous good faith effort to construct the retail uses at Garden Cove in accordance with the above schedule. (32) Construct a minimum of 55,500 sq. ft. of hurricane shelters situated in four separate buildings on the site and located at: 1. The recreational building in Tract A of Port Bougain- ville. 2. The community/town hall located in Tract D of Port Bougainville. 3. The office and meeting area located in Tract D of Garden Cove. 4. The cinema located in Tract D of Garden Cove. All such buildings will be designated according to the following criteria: 1. Structural Requirements A. Forces: The structural elements of said buildings shall be anchored to resist uplift, sliding and direct forces caused by the following conditions: (1) The forces created by sustained winds of 160 mph combined with the forces created by a flow of moving water at a velocity of 5 mph and at a height of 15 ft. above sea level. The ultimate resistance of all elements of any such building shall have an ultimate strength equal to or greater than 150% of the combined, calculated forces herein described. 22 (2) All such buildings shall also be structurally designed to resist forces created by maximum wind gusts to 200 mph. The ultimate resistance of all structural elements of such buildings shall be equal to or greater than 110% of such maximum, calculated forces. B. Shielding: Shielding effects of adjacent buildings and/or natural elements shall not be used in these calculations of force. C. Openings: All glazings in exterior walls of said buildings shall be closeable by means of shutters or other appropriate devices designated to resist the full, calculated loads herein described. D. Distribution of Loads: Distribution of lateral and vertical forces of such buildings shall be calculated and distributed to components according to the Standard Building Code Section 1205. E. Minimum Elevation: The minimum finish floor elevation for all such buildings shall not be less than 15 ft. above sea level (as measured from N.G.V.D. Datum). 2. Provisioning Requirements A. Water: Minimum water supplies shall be stored for each shelter occupant to equal no less than ten gallons per day per person for a minimum of three days. B. Power: Emergency electrical generating equipment shall be provided to each shelter to power lighting, water pressure and emergency radio operations. The system shall be provided with an independent source of fuel to operate the equipment a minimum of 75% of maximum load for 72 hours. The emergency power equipment shall be protected to a minimum elevation of 18 ft. above sea level. C. Emergency Radio: Each emergency shelter shall be provided with a system to transmit and receive radio communica- tions. The equipment shall be appropriate to communicate with the local Disaster Preparedness Team and the Monroe County Sheriff's Department. 23 Upon completion of the architectural/engineering plans for these buildings, the Applicant shall obtain certification from an independent registered Florida professional structural engineer that these buildings are designed according to the stated design values. Prior to commencing construction of said buildings and upon said certification of such plans, the Applicant will submit the plans to the Monroe County Office of Disaster Preparedness and the Florida Bureau of Emergency Management which shall have thirty (30) days from receipt thereof to review same and comment. Representatives of the Monroe County Office of Disaster Prepared- ness and the Florida Bureau of Emergency Management shall have the right to inspect the construction of these buildings at reasonable times and at intervals during construction to assure that the aforementioned structural design criteria are followed. Upon completion of these buildings, the Applicant shall obtain a certification from an independent registered Florida structural engineer that these buildings have been constructed in accordance with the previously certified plans. Any post-construction modifications to these buildings: (1) shall conform to the aforementioned structural design criteria; (2) shall in no way affect structural integrity of these buildings to withstand the above described storm conditions; and, (3) shall be certified to that effect by an independent registered Florida structural engineer prior to construction. (33) Include within any Property Owner's Association or Condominium Documents for Garden Cove and Port Bougainvi11e, a provision creating a reserve fund to be used for post-disaster redevelopment of essential infrastructure and common facilities damaged or destroyed by storm events which infrastructure or facilities are not eligible for insurance and/or governmental financial assistance pursuant to applicable state and federal law. In the event the Applicant creates a Community Development District pursuant to Chapter 190, Florida Statutes, the responsibilities of said District shall include, but 24 not be limited to, providing said post-disaster redevelopment fund. (34) Request, in writing, that the Florida Bureau of Emergency Management and the Dade County Office of Emergency Management consider, as part of a regional evacuation plan, the trimming and/or removal of Australian Pines along Card Sound Road, but in no event shall these agencies' refusal to act in this manner affect the approvals granted herein. (35) In the event the existing Monroe County landfill facility is not accepting solid waste prior to the build-out of the Garden Cove/Port Bougainville projects and no other facility is available for solid waste disposal in Monroe County, the Applicant shall implement an alternate method of solid waste disposal in accordance with local, state and federal laws until the existing Monroe County landfill facility is again accepting solid waste or an alternate landfill site for the Key Largo Service District is developed. In the event that the Applicant is unable to implement such an interim method of solid waste disposal, then no further building permits for Port Bougainville/Garden Cove shall be sought by the Applicant, or granted by Monroe County, until a solid waste disposal method is available. (36) Revise the Alternate Site Plan by reallocating the parking located in Tract D. This reallocation shall be accomplished in a manner which preserves a greater quantity of the higher quality hammock located in the south end of Tract D and increases the parking area in the northeast portion of Tract D. These revisions shall not change the total number of parking spaces now provided in Tract D. The revised Alternate Site Plan shall be incorporated into the consolidated Application for Development Approval required by Condition 30 of the Development Order. 25 THE COUNTY WILL: (37) Withhold issuance to certificates of occupancy for any further Garden Cove and/or Port Bougainvi11e space if the cumulative amount of development exceeds the total amount of project development included in the Transportation Phase development total specified in Exhibit D attached hereto and if the corresponding improvements for that phase, as outlined in Conditions 24, 25, and 26 above, have not been constructed or a bond or letter of credit for their construction has not been provided. (38) In conjunction with the Florida Department of Transportation, install traffic signals, if warranted, at the intersections of U.S. l/Park Boulevard and U.S. 1/0cean Boulevard. (39) Raise the elevation of Card Sound Road (C-905A) from the Card Sound Road Bridge to the C-905A/C-905 intersection, were necessary to attain a minimum crown elevation of 5.5 feet above mean sea level, with fill material provided by the Applicant pursuant to Condition 27 above, and repave to minimum FDOT design standards from the Bridge to C-905. (40) Expand the capacity of the toll facility on Card Sound Bridge either by adding another person(s) or installing an automatic toll co11ector(s), whichever is more cost-effective. The cost for this improvement shall be equitably shared by the Applicant and the County, based on the same methodology used to determine each party's equitable share of other transportation improvements, as outlined in pp. 203 to 215 of the SFRPC DRI Assessment. A recommended toll facility improvement, including cost estimates and any supporting analysis or study, and the recommended equitable share allocation shall be submitted to the SFRPC for review and approval prior to implementation of the improvement or Applicant contribution to the cost of the facility improvement. 26 (41) Adopt an impact fee ordinance, within 18 months of the effective date of this Development Order, in consultation with DCA and the SFRPC and using the results of the Upper Keys Traffic Study, to assign developments an equitable share of the costs of transportation improvements required on C-905, C-905A, and U.S. 1, as well as the costs of reconstruction of the U.S. 1/C-905 intersection, in order to reimburse the Applicant, by phase, for construction of transportation improvements, required by Conditions 24 and 25, over and above his equitable share; or reimburse the Applicant from general County revenue. (42) Undertake any right-of-way acquisition required for improvements to County roads and urge prompt right-of-way acquisition by FDOT as necessary for improvements to State roads, pursuant to Conditions 24 and 25, as soon as design and engineering plans for such improvements are completed and approved, which approval shall not be unreasonably withheld, and funding for such acquisition is available. 9. Additional Conditions Applicable to Port Bougainvi11e to Mitigate Adverse or Enhance Beneficial Regional, Local or Site Specific Impacts. THE OWNER AND ITS SUCCESSOR AND ASSIGNS WILL: (1) Implement on Port Bougainvi11e a road and parking area vacuuming program, clean french drains of debris regularly, and keep swa1e systems well vegetated, pursuant to Condition 22 of the Amended Port Bougainvi11e Development Order. (2) Implement on Port Bougainvi11e the employee housing program required by Condition 22 above, in fulfillment of Condition 33 of the Amended Port Bougainvi11e Development Order. (3) Construct the following facilities on Port Bougainvi11e/Garden Cove to ensure the adequacy of public facilities and services, pursuant to the requirement of Condition 37 of the Amended Port Bougainvi11e Development Order: 27 tertiary treatment, deep well injection sewage treatment plant 600,000 gallon water storage tank solid waste compactor pedestrian/tram tunnel under C-905 In addition, if the Florida Keys Electric Cooperative's pending permit application for a substation site in North Key Largo is denied, the Applicant will provide a site for a substation in Port Bougainvi11e and, if necessary, front-end the costs of installing the transformer, with repayment terms to be negotiated between the Applicant and the Utility. (4) Implement for Port Bougainvi11e all transportation system improvements specified in above Conditions 24, 25 and 26 on the schedule specified therein, in fulfillment of the requirements of Condition 42 of the Amended Port Bougainvi11e Development Order. (5) Ensure on Port Bougainvi11e/Garden Cove that any hazardous or toxic materials used on-site, including cleaning chemicals, boat maintenance chemicals, and petroleum products, are properly stored; either returned to the distributor for recycling after use or effectively treated; and disposed of in compliance with all local, regional, state, and federal standards and recommendations. (6) Revise the current preservation covenant, applicable to the mangrove acreage described in Condition 23 and the hammock acreage described in Condition 26 of the Amended Development Order for Port Bougainvi11e, to incorporate the terms and provisions of the Garden Cove Preservation Covenant, as revised pursuant to above Condition 4; record the revised preservation covenant within six (6) months of the effective date of this amendment to the Amended Development Order; and provide recorded copies to the SFRPC, DCA, and the County Planning Department. 28 (7) Clarify whether FEMA flood elevation standards for V21, elevation 15 and 17, classifications apply to any portion of the Port Bougainvi11e site and, if so, revise construction plans to meet these requirements. (8) Incorporate biological retention islands, as described in the Council DRI Assessment for Garden Cove, into the Port Bougainvi11e drainage system, subject to approval by the South Florida Water Management District. 10. Conclusions of Law. The Board of County Commissioners hereby makes and enters the following Conclusions of Law: (a) Garden Cove complies with the Critical Area of State Concern land development regulations therefore under Section 380.05, Florida Statutes. (b) The Board of County Commissioners specifically adopts and approve the conclusions of the South Florida Regional Planning Council with respect to the said Critical Area of State Concern land development regulations, as contained in the SFRPC Recommendations. (c) The Board of County Commissioners, having weighed and balanced the factors set forth in Section 380.06(11), Florida Statutes, further concludes: 1. The development does not unreasonably interfere with the achievement of the objectives of any adopted state land development plan applicable to the area. 2. The Garden Cove development is consistent with the local land development regulations which govern the project in addition to those specified under the Area of Critical State Concern Regulations. 3. The development, as approved by this Development Order, is consistent with the report and recommendations of the South Florida Regional Planning Council, dated October, 1983. 4. The conditions specified in Section 9 hereof are adopted to mitigate adverse or enhance beneficial regional, local or site specific impacts and are not adopted for the purpose of reconsidering the Amended Port Bougainvi11e Development Order. Further, such conditions are deemed not to be substantial 29 deviation from the 1982 amended Port Bougainvi11e Development Order. 5. Zoning Board Resolution MD 83-20 is hereby incorporated by reference as a part of this Development Order and all conditions incorporated therein are hereby made a part hereof as being applicable to Garden Cove. 11. Incorporation of ADA by Reference. The Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes, Chapter 6, Article VII, Major Development Projects, Monroe County Code. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the County, SFRPC, and the Applicant, its successors or assigns. 12. Incorporation of SFRPC DRI Assessment by Reference. The SFRPC DRI Assessment for the Garden Cove PUD is hereby incorporated by reference into this Garden Cove Development Order. 13. Expiration Date for Development Order. This Development Order shall be null and void if the following activities are not completed within four (4) years from the effective date of issuance of the Development Order: completion of at least 25,000 square feet of Phase I commercial space; completion of the mangrove revegetation program for 0.5 acres of the site; and construction (or provision of a bond or letter of credit for $815,000 in 1983 dollars or the total cost of the improvements according to bona fide, documented bids presented by the Applicant at the time he is ready to proceed with construction) of the U.S. 1/C-905/Reef Drive Intersection, including signalization of U.S. 1/C-905/Reef Drive; provided however, that construction of the Garden Cove PUD project shall be completed within a period not to exceed ten (10) years from January 1, 1984. 14. Substantial Deviation Condition. The following changes to the approved development plan shall be deemed to be a 30 substantial deviation, pursuant to s. 380.06 (17), F.S., requiring resubmitta1 of a DRI application, and a major change, pursuant to Chapter 19, Article XI, Section 19-234(i) and 19-237(7), Monroe County Code, requiring submittal of the changes through County PUD review procedures: any increase in the total number of permitted units (222 units) or total non-residential space (210,100 sq. ft.). any excavation of the pond in excess of one (1) acre, including pond slopes. any reduction in hammock forest preservation acreage below 28 acres. any reduction in mangrove preserve acreage. any amendment, other than to correct a surveyor's error, scrivener's error or other technical matter, to the Garden Cove Preservation Covenants. marketing of residential units for time- sharing (sequential, multiple ownership) The following changes to the approved development plan are permitted and shall not be deemed to be a substantial deviation, pursuant to s. 380.06(17), F.S., nor will such changes require further County review, pursuant to Chapter 19, Article XI, 19-234(1) and 19-237(7): any change made pursuant to or in compliance with this Development Order and the development conditions set forth herein. any change required by changes in federal flood elevation criteria or FDER, SFWMD, or USACE permit conditions. Any other proposed change to the development permitted under this Development Order shall be evaluated pursuant to statutory requirements to determine whether the change is a substantial deviation or major change. 15. Designation of County official to Monitor Compliance. The Monroe County Planning Director is designated as the local official responsible for assuring compliance with the Development Order and all of its Conditions. 16. Annual Report. The Applicant shall be required to file an annual report in accordance with Section 380.06(14)(c)(3), Florida Statutes and Applicant Conditions 3 and 14 of this 31 Development Order. The contents of the report shall be based upon rules adopted by the Department of Community Affairs and shall contain the following additional information: 1. A summary of completed construction and a schedule of proposed construction over the remaining life of the project expressed in terms of numbers of units and square feet of building area. 2. A summary of proposed construction projected through the subsequent one-year period, using the same criteria indicated in paragraph (1) above. 3. A description of any and all differences or changes made, since approval of the original Development Order was granted, in development and/or phasing set out in the ADA and any and all differences or changes made in the representations, projections and assumptions contained in the ADA. 4. An assessment of compliance with all conditions of this Development Order. 5. A summary on the success of the torchwood reintroduction program in attracting the Schaus' Swallowtail Butterfly, pursuant to Condition 3, and a summary of the results of the water quality monitoring program required in Condition 14. Copies of the monitoring reports shall be provided to Monroe County, the SFRPC, the Department of Community Affairs, Division of Local Resource Management, or its successor agency, and any agencies that have issued permits, pursuant to Section 380.06(16) Florida Statutes. 17. Notice of Filing of Development Order. The Applicant shall file a notice of Adoption of Development Order as required by Section 380.06(14)(d), Florida Statutes, specifying that this Development Order runs with the land and is binding on the Applicant, its successors, and/or assigns. 18. Effective Date. This Resolution shall become effective as provided by law. 32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on this 27th day of January, A.D. 1984. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~~ Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~ "W:..~ iVlV ~ () A:.- d 6 Clerk I 33 . . ( ( . .. .. , ,'. IXHIBIT 'A' PORT IOUGAINVlLLE ....~'1- 'lb. ~winl d.,cribed proPlrty IDeat.d in Monroe Count)', Florida: PORT BOUGAINVILLE - a Il..ubdlvs.ion of -P'1nt Itevbed Plat of North LarCO Yacht Club Plat No.1" accordinr to the Plat thlreof. .. recordld in Plat Book'. Pace 21 of thl Public Record. of Monroe County. Florida. .. All of thl IW i I)'tnc North and Jut of 0.1. HlChway .1 in Section 11. Town.hlp 10 South, aanC' 40 ...t, and Ie.. and except thlrefrom Plat No.5, of KEY LARGO CITY, INDUSTRIAL SECTION, accordinc to the Plat thereof recordld In Plat look 1, Pare 171. and Je.. Dbc:le HlChway Dot included in .a1d Plat. and .... and except thlrefrom the Revtlld Plat of Portion of Block 5 of Xey Luro Clt)' Subdivtsion accordinc to the Plat thereof recorded in Plat look 3. Pace 155 and PORT IOUOAINVILLE - a al.ubdlvtl1on of -Flr.t B.vi.ed Plat of North Luro Yacht Club Plat No.1- accordinr to the Plat thereof, al recorded In Plat look " Pa,e 21 of the Public Recorda of Monroe County, Floric!a. and II" and except thlrefrom that portion of the SW i Seet10n 11-10-40, lyinr betwlen U.S. Bi,hway .1 and Lou 3 throurh '. of Block 5, KEY LARGO CITY, INDUSTllAL SECTION, (PB 1-P 176), and the Southwe.terl)' Une of an ex1.tin, road. which line 11 the extension Northwesterly of the Northeuterly lot Une of Lot " of laid Block 5 to the Eastlrly rilht-of-wa)' Une of 0.5. Hirhway '1. AND AND LES S from 111 of the above describec! ro e . . . 0 t t property w c es Wlt n eet .ac lide of the followini .descnbl~ centerline. accordlnl \0 the IUcht-of-Way Map for Section 10520-2601. part of lalt centerline bein, more particularly de.cribec! a. followI: Commence at the center of Section 31, Township 10 South. Ran,e 40 East i run t 190 27'30" E alenr the East-Welt i Slction Une of la1d Section 31, a d.1stanc. 0 140.11 feet; thence 5 380 23'32" W . distance of 1401.12 feet to the POIST 0' BEGINNING of that part of the herein describlc! Centerline; thence N 380 23'32" alon, .a1d centerline a distance of 1539.57 feet to the END, of la1d part of tt herein described Centerline; thence N 00. 22'48" W alon, the North-South Section Un. of Section 29, Township 10 South, Ran,e 40 East - a distance I 410.13 f.et to the center of sald Section 2~. Subject to exisUn, RiCht-of-Way f. . S-105. AND LESS l' he Southeasterly 30 feet of Lot. 46. 47, 48. 41. 50. 51, 52. 53. 54. 55. 51, I 58. 51. 60. 11, 12, 13. 14, and 15 au in Block 5 and the Southeasterly SO feet Loti 25, 17, 28. 10, 31, 32, 33, 14. 35. 36. 37, 18, I~. 40. 41. 42, 45. 41. 4 and 48 in Block I;,' Plat No. S, KEY LARGO CITY - INDUSTRIAL SECT Ie accordinc to t!)e Plat as recorded in Plat Book 1, Paie 176 of the Public Reco: of Monroe County, Florida, in Section 31, Township 60 South. Rance 40 East. Pare 2 I ' EXHIBIT "B" , ~ f GARDEN COVE: That portion of the South On'?-Half (S:) of Section 31, Township 60 South, Range 40 East, Key Largo, Monroe County, Florida, descrIbed as follows: "PLAT NO. I, KEY LARGO CITY GARDeN COVE SECTION", according to the plat thereof. as recorded 1n Plat Book 1, PJge 157 of the Pub1 ic Records of ~onroe County, Florida; TOGETHER WITH "PLAT NO.2 KEY LA~GO CITY GARDEN COVE SECTION NO.2", according to the plat thereof, as recorded In P;at Book I, Page 195 of the Public Recurds of Monroe County, Florida: TOGETHER WITH "PLAT ~IO. 5, KEY LARGO CITY INDUSTRIAL SECTION", according to the plat thereof, as recorded 1n Plat Book I, Page 176 of the Public Records of Monroe Count/, Florida; TOGETHER WITH that portion of the fractional Southeast i of said Section 31, Township 60 South, Range 40 East, lying Easterly of the platted c~nter line of Country Club Drive, according to said "PLAT NO.5, KEY LARGO CITY INDUSTRIAL SECTION" (P.B. I, P. 176) and Northwesterly of the renter 1 ine of Tropic Drive, according to said "PLAT NO. I, KEY LARGO CITY GARDEN COVE SECTICW' (P.B. 1, P. !57) and Southwesterly of the center 1 ine of Loquat Drive, according to said "PLAT NO.2, KEY LARGO Cln GARDEN COVE SECTION NO.2" (P.3. I, P. 195), LESS THERE FROM all of "REVISED PLAT PORTION OF BLOCK 5, PLAT NO, 5, KEY LARGO CITY", according to t~e plat thereof, as recorded in Plat Book 3, Page 155 of the Publ,c Records of Monroe County. Florida; LESS THERE FROM Lots 1 and 2 of Block 2; Lots 1 through 5, inclusive, of Block 4; all of Block 5; that portion of Ebony Drive ly~ng adjacent to Lot 2, Block 1 and Lot 1, Blotk 2; Garden Cove Drive; Atlantic Boulevard; and Loquat Drive; all as shown on said "PLAT NO. I, KEY LARGO CITY GARDEN COVE SECTION ., (P.B. 1, P. 157); LESS THERE FROM Lot 5 of Bloc~ 5; Lots 3 through 8, inclusive, of Block 6; the Northwesterly 30 feet of Reef Drive lying adjacent to said Lot 5, Block 5; the Southwesterly 10 feet of the 20 feet wide alley adjace~t to said Lot 5; that portion of Gulf Boulevard lying adjacent to Lot 3 of Block 5; Atlantic Boulevard; and Loquat Drive; all as shown on ~aid "PLAT NO, 2 KEY LARGO CITY GARDEN COVE SECTION NO.2" (P,B, I, p, 195); LESS THERE FROM Blocks 2, 4 and 6; Lots 8, 9, 44 a"d 45 of Block 5; that portion of F;rst Street lying ~djacent to saie Lots 8 and 9 of Block 5; that portion of the alley lying adjacent to said Lots 8, 9, 44 and 45 of Block 5; Third Street; Loquat Orive; that portion of Second Street lying adjacent to Blocks 2 and 4; that portion of First Street lying adjacent to Blocks 4 and 6; the alleys lying in said Blocks 4 and 6; that portion of Palmetto Street lying Northwester'y of State Road S-905; and Garden Cnv~ Orive; all as shown on SJid "PLAT NO, 5, KEY LARGO CITY INDUSTRIAL SECTION" (I'.B. I, P. '76); LESS THERE FROM the I~U teet wide right-of-way for State Road S-905 as shown on State Right-of-Way Map Section 90520-2601 AND TOGETHER WITH that portion of the Southwest One-Quarter of said Sectio~ 31, Township 50 South, Range 40 East, bounded on the West by U.S. HIghway #1, bounded on tne North and East by said "PLAT NO, S. KEY LARGO Cln INDUSTRIAL SECTlm~" (P.6, 1, P. 176); and bounded on the South by the Northwesterly e~t~~sion of the Southwesterly lot line of Lot 10, Block 5 of said "PLAT NO.5, KEY LARGO CITY I~IOUSTRrML SECTION" (P.6. I, P. 176) to the Easterly right-of-way 1 ine of I).S, Highway 41 and bounded on the North and West by the following described parcel: Page 1 of 2 Begin at the Northeast corner of Lot 13, of [Jlock J, of Plat No.5 of KEY LMGO CITY IrIOUSTRIAL SECTiO,'I. 'lccordln'J to th~ Plat ther~of as "~ recorded In rlJt Book. 1, rol'Je 17(,. <If tile rubllC i1ecord~ of ~'onroe County, FlorldJ; run thence alon') Llle Soutlleelsterly bounCJry line of said Lot 13 and Lots 7, 6, 5. 4, J~ 2, Jnd 1 of sald ~lock J, of said subdivision, and the prolon')elLl0n thereof, el distJnce of 2,0 feet to a pOint (said point being 50 feet from the Southerly ~orner of said Lot 1); thence run in J Southwesterly direction along a line perpen- diculJr to the right-of-wJY of the Old Florida East Coast RJi1road, to a point where said 1 ine meet: the right-of-way of said Florida East Coast Railroad; thence run in a Northwesterly direction along the Northeascerly boundary 1 in€: of sdid rig:1L-of-way to a poine where a prolongation in a Southwesterly direction of the Northwesterly boundary lines of Lots 1 and 2 of Glock 1 of said subdivision would meet said right-of-wely; thence run In el Northeasterly dIrection along the prolongation of the Northw~sterly boundary line of saId Lots 1 and 2 of Block 1 to the Southwesterly corner of said Lot 1. Block 1; thence run in a Southeasterly direction along the Southwesterly boundaries of said Lot 1, Block 1, and of Lot 7 of said Block 1 and of Lot 9 of said Block 3. to the point of beginning. THIS DESCRIPTIO~ PREPARED BY: / ' / //I~.(\~ ,4..., Mi chae 1 D. A'I', rom, PLS Florida R~9'stration r:u. ~ 3268 Pa ge 2 of 2 EXHIB IT .e. .' PORT BOUGAINVIIJLE AND GARDEN COVE WATER QUALITY MONITORING PROGRAM General Provisions: (1) Sampling sites: Existing seven (7) groundwater wells at Port Bougai nv ille; Four (4) locations in each lake at Port Bougain- ville; Existing four Cove, and two mangroves; (4) groundwater wells ( 2) "u ps t ream" from the at Garden impounded One (1) location in the freshwater pond at the main entrance to Garden Cove; Existing monitoring stations in both Port Bougain- ville marinas and off shore waters. (2) Reports of water quality data are to be included in the Annual Report required by Sec.tion 16 ~f the Garden Cove Development Order, Resolution -1 83. (3) The developer will undertake one comprehensi ve sed es of in si tu tests of the natural uptake of potential stormwater pollutants and permeability in the hammocks of Port Bougainville. The methodology is to be developed prior to final Major Development approval, and the tes ts to be conducted pr ior to the completion of Phase I of Garden Cove. The test results are to be presented to the County, SFRPC and SFWMD. (4) The groundwater sampling wells are not to be cased below the mean high water elevation. (5) The groundwater, lakes and pond will be moni tored as specif ied below. (6) Salinity, nutrients (N03N02NH3P04)' EH and dissolved oxygen are to be measured at surface, mid and bottom depths, where possible, and all other constituents are to be measured at mid-depth (expect bottom quadrats and infauna) . I ' -. I, I. - Monitoring Schedule: Test aoJar inalOff eonsti tuent Groundwater ~ ~ Shore Metho1 ,', LeBd Semi -annua 1, Semi -annual, ()Jarterly Semi. -annual (1) Jan. arx3 June Jan. and June Jan. and June .. II .. II (1) Chrc.Ditl':l .. .. II II (1) Zinc ; CCR;)er .. .. II .. (1) Oils and Greases .. .. .. .. (1) Pesticides, known .. .. .. II (1) der i vati ves, PCB All other bio1~i- .. .. .. .. (2 ) cally act! ve s~ stances, if and when used on site (e.g. al- gicides, fungicides, etc. ) M)3,~,tti3,P04 Q.Jarterly Q.Jarterly QJarter1v l)Jarter1v (1) l!2'l (r ed:Jx) lobnt. '11 y (1) or (3) Salinity flt:r1thl y blthly ~th1y 'tnthly (4) Sulfide ~rter1y (1) Dissolved 02 "knthlv 't:nthlv '4cnthly [ (1)~J7) Coliform Bacteria (5) , ().1arterlv / ~rterlv Semi -annual (1) Weekly (8) P1ankta'l ~rterly ().1arterly Semi -annual (1) Botton Quadrats Quarterly Q.Jarterlv (6) (Macroalgae ) Infauna Oxes Quarterly Quarterly Q.Jarterly (1) aD ().1arterly ().1arterly ().1arterlv (1) 'It:C (Total QJarterly (1) Organic Carbcrl) 'l'enp!rature flt:r1thl y Pblthly (1) 'l'Urbidity Quarterly (1) - 4 - I ' ( { ( ( \. FoOTNOTES: (1) Latest edition of Standard ~ethods of Water and Wastewater Anal VS is. ',',. (2) Method to be specified at time monitoring is needed. (3) Practical Handbook of Seawater Analysis, Fisheries Research Board of Canada. (4) Conductivity of refractometer. (5) To be measured in groundwater if detected in any lake at concen- trations higher than Health Department Standards for swimming areas. (6) In situ visual observat'ions. (7) Surface, mid and bottom depth, whenever possible, within one hour of sunrise and mid-afternoon. (8) Weekly monitoring will be instituted only after lakes are cer- tified by HRS as swimming areas. - 5 - I ' . . , , ! ' E XH I BIT "f) " . . PORT BOUGAINVILLE/GARDEN COVE - PUD DEVELOPMENT p~~TERS/PHASING PHASE A PHASE .B PHASE C TOTAL USE (1984-7/85) (7/85-7/87) (7/87-7/89) ," RESIDENTIAL SF 2 DU 2 DU MF (Rental) 309 DU 359 DU 132 DU 800 DU ~ 544 .DU 848 DU 234 DU. 1626 DU TOTAL 855 Dli 1207 DU 366 DU 2428 DU Public Service General Office Medical Office 14.300 28,000 '- 10,000 i 7, 200 -53,000 10,000 2,900 ;25,000 General Retail Service Station Restaurant Fast Food 127,651 1..2.00 29,950 2,000 177,750 1,200 70,150 "2,000 50,099 40,200 HOTEL Hotel Rooms 300 Rooms 170 Rooms 470 Rooms Residential 130 DU 130 Rooms/DU TOTAL 300 Rooms 300 Rooms/DU 600 Rooms/DU RECREATION Tennis Club 5,600 40,000 45,600 (6 Courts) (8 Courts) (14 Courts) Yacht Club 5,600 5,600 Sports Field 30 Spaces 30 Spaces Public Marina 180-Slips ISO-Slips Private Marina 362-Slips 362-Sl1ps Storage (Laundy, Boat Repair, Storage) 40,000 40,000 .3\-:3cc.. P NOTICE OF INTENTION TO ADOPT COUNTY RESOLUTION NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, shall consider the passage of a Resolu- tion on January 27, 1984, in Courtroom "B" of the Monroe County Court- house Annex, 500 Whitehead Street, Key West, Florida, approving the Garden Cove Development of Regional Impact application as directed by the County Commission at its meeting of December 15, 1983. This is not a public hearing. Pursuant to Section 286.015, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 9th day of January, A.D. 1984. DANNY L. KOLHAGE Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) ,. . y 1 A ri,.r. t a,; -4 :r '7‘e R . z, . ., ti . .. :. PROOF OF PUBLICATION SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL . 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) — MS , W. B . WOLFF Before the undersigned authc,rit.y,.personally appeared , who on oath, says that he is EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER ---- ----in the - -- - : - Court, was . ublished •n-. i - newspaper in .the issues of : -- _ • ' Affiant further says that the said REPORTER isr` µ u newspaper published at Tavernier, in said Monroe Count "oTlr.EOFInTEN�IONToatx�Ilc�uvi� aH QP;U1`1bN NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Florida, and that the said newspaper has heretofore b' bionroeCounty,Florida,Shall'considertne passageofaResolutionmrJanuary' 1984,in Courtroom"B"of the Monroe County Courthouse Annex,on Januirhead continuously published in the said Monroe County, Flo! Street,Ke}`West,Florida,approving tho Garden Cove Development ofRliehe d Impact Application as directed by the County Commission-at its meeting of each week (on Thursday) , and has been entered as seco, December 15,1983.This is not a public hearing. Pursuant to Section 286.015,Florida Statutes,notice is given that if a person i class mail matter at the Post Office in Tavernier, in decided to'appeal any decision made by the Board with respect to any matter: considered aC such meeting,he will need a record of the proceedings,and t(at,fcir County of Monroe, Florida, for a period of -one year r, such purpose,he may need to ensure that a verbatim record of the proceeding$i`3� made,which record includes the testimony and evidence upon which the.appeal is preceding the first publication of the attached copy ' wbebased. . - DATED at Xey west,Florida,this 9th day of January,A.D.:1984. advertisement; and affiant further says• that he has D paid nor promised any firm, person, or corporation ai DANNrL.KOLHACE • . Clerkofthe Board of s of discount, rebate, commission or refund for the purpo.. Cmionyoecoun'Lsi0nerFlorida Published:1/19/84 securing this said advertisement for publication in The Reporter Tavernier,FL 33070 said newspaper. ` , - _- - g , 1' SEA SWORN TO AND SUBS I D BE-E7F,E MEr. TH I S- 27 - /�j DAY OF y .ti A:D. ,g9 //l7/y.^;=:4 �• r: NO GtC '" = CTIT _ lit:IL STATE or FLora)6, MY COMMISSION EXPLRES: MY COMMISSION EXPIRES APR 2 198 bUNlltll 1 HRU GENERAL INSURANCE UND. r MP PROOF OF PUBLI 4- THE FLORIDA KEYS KEYNOTER Published Weekly - ------ __.___MARATHON,_MONROE_000NTY, FLORIDA _ STATE OF FLORIDA COUNTY OF MONROE ) Before the undersigned authority personally appeared Judith E. Proulx , who on oath, says Office Manager that he is of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention to Adopt County Resolution IN THE MATTER OF Garden Cove Development Regional Impact in the Court, was published in said newspaper in the issues of January 19, 1-984 r INTENTOIOtI�ClEOF ADOPT Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- COUNTY RES-8119 ON NOTICE IS HEREBY GIVEN thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously thatissionheers of M t Board ofonroe County Com- m County, Florida, shall consider the'pas- ape of a Resolution of January _`published in said Monroe County, Florida, each week_(on Thursday)and has been entered as second th M84, In Cdounty-Co 'tho of — ----_- -------.-----_----— _--.-- - --- _-- -. - the Monroe_ ognty-Courthouse __ Annex 500 Whitehead Street, class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one the GardenCove adeapproving it of,Regional Im act`-application as directed by thie County Corrt- missI%r t ils meeting of De- year next preceding the first publication of the attached copy of advertisement; and affiant further cember �5, 1983. This is-not a public hearing. Section`-286.015, says that he has neitherpaid norpromised anyperson,firm,or corporation anydiscount, rebate, com- that if statutes,decided is give Y P that it a person dnotice to iv peal any,decision made by the board with respect to anymat- mission or refund for the purpose of securingthis advertisement forpublication in the said newspaper. ter considered at such meeting, P P he will need a record of the pro- ceedings, and that, for such purpose,he may need to ensure that a verbatim record of the proceedings is made,. which record includes p the testimony and evidence upon which the ap a Is o bKW.s t,Florida,this 9th day of January, A.D. 1984. (SEAL) D CN eO3HAtlo oft - County Commissioners of /U Monroe County,Florida SWORN TO AND , SCRIBED BEFORE ME THIS I Publish:January 19,1984 (Seal) ' Florida Keys Keynoter DAY OF —CMS _ A.D. 19 / R VP SB C e;,P S h '31DECEIVE D eO J �� 1-00-, DED THRU-GENERAL INSIJR —� PROOF OF PUBLICATION THE KEY WEST CITIZEN Published Daily - • Key West, Monroe. County, Florida 33040 STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersigned authority personally appeared Manuel Jiminez , who oI1 oath says that he is • Publisher of The Key West Citizen, a • daily newspaper' published at t ey West in Monroe Coyn1.7y:,,_Flor.ida; that. the attached copy of advertisament, being a R •��•LU' •N. . NOTICE IS HEREBY GIVEN that the Board of County , Commissioners of Monroe County, Florida, shall consider the'passage of a Resolution on January 27, in the matter of 1984,in Courtroom"B"of the Intention to Adopt Co. Ord. Monroe County Courthouse Annex,500 Whitehead Street, - Key West,Florida,approving• - the Garden Cove Develop- _ ment of Regional Impact application as directed by the Garden dove Development County Commission at its meeting of Deiemher 15, 1983. This is not a' public Regional Impact Appl. hearing. Pursuant to Section 286 015, F lorida Statutes; notice is (liven that is a person decided • tp appeal any decision made • by the Board with respect to •rny matter considered at • •uch meeting; he will need a record of the proceedings, • was pu✓`is led in said n:^Nspa.per in the issues of I ;p allthrae ciotouenspurepthatha 1 r verbatim record of the proceedings is made, which January 12' Zg� record includes the testimony ' 7 w and evidence upon which the appeal is to he based. � • DATED at Key West• Affiant further says s that the said Theo Florid , this Key "u W lenuaray 1981491h day of newspa-.e!.: punished at Key West, in said Monroe Co nANNY L KOLHAGE.Clerk that i.iia s'�"^ the Board of CouClnty - .ILeT'"i 41t, of`-?' has <-hetUlol"iO ',ear,. COIl'rrill c-ommissioners of Monroe inf;:1:=i! J`i Y? QC County, Fl County,Florida oricta, each -3.ay except Sa. Jan 12,1984 bec.i ! r_::'cti' ^c second class mail i:2atz._.-i• at the so�,_• u;=;:1:ce in Key West, in -d Y.f'Uroe County, YLo:r:-i.da L^.r of one r e:s preceedir.; C'i! `i-.: .t pu 11-.1 t o, of atcac-S1ed copy of advertise- ment; and :i.:;:' _ _ ;i: furl l': _.c;'e ':hat he has neither paid nor promised any perso-,., r co:ti jJ-:J?:a i oP_ ^.ny discos nt,_rebate, --- - — - - -- refund-f ; Lac _ .T r ose SeC-using this advertisement for publication in the ;,aid r.eus i apes. _ A • M'; C0;41J,ISSIOi EXR ORES i'� 1987 i%�✓./ �it`;'d=i`, . ?'` Ur.is (SEAL) �J Swo n to and subsea-1becI he fore m• -Chi&: .-.__. 7: -- ... - • - day (Ao...�.%.r .E' A.D. 19 2,