U. Public Hearings
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
** 3:00 PUBLIC BEARING **
Meeting Date: 11/15/06 - KL
Bulk Item: Yes No -L
Division County Attorney's Office
Staff Contact Person: Jerry SandersIBob Shillinger
AGENDA ITEM WORDING:
A Public Hearing to consider the adoption of a Resolution approving the Proposed Beneficial Use
Determination of Special Master John 1. Wolfe In Re: Geneva Sutton Beneficial Use Application.
ITEM BACKGROUND:
Geneva Sutton and her husband purchased two (2) lots located in Key Largo, FL in 1971 with the
stated expectation of developing either a small condominium development or one or more single-family
residences. The Lots are in the Sparsely Settled (SS) land use district and are vacant. On January 7,
2005, Monroe County received an Application for a Determination of Beneficial Use filed on behalf of
Geneva Sutton. Ms. Sutton alleges she" ..has been denied all reasonable economic use of her property
by application of Policies 203.1.1 and 204.2.1 of the Year 2010 Comprehensive Plan (the "Plan") and
Sections 9.5-347 and 9.5-348 of the Monroe County Code (the "Code") and is entitled to relief under
Policy 101.18.5 of the Plan and Section 9.5-173 of the Code. Section 9.5-347 requires a 100% open
space ratio for wetlands and 9.5-348 requires a 50 foot setback from wetlands, which may, in some
circumstances, be reduced to 25 feet." On July 25,2005, an evidentiary hearing was held before John 1.
Wolfe, Esq., designated Beneficial Use Special Master for Monroe County. On July 19, 2006, the
Special Master issued a Proposed Beneficial Use Determination recommending \I. . that a final
beneficial use determination be entered awarding just compensation to the Applicant to be determined
as of 1986 when the Lots became unbuildable by operation of the Plan and Code." Sec. 9.5-174(a),
Monroe County Code, requires the Board approve or reject the Special Master's detennination during a
public hearing. An appraisal has shown the property to be valued at $37,000 as of September 1986.
Statutory interest to December 31,2006 is $76,423 (for a total of$113,423).
PREVIOUS RELEVANT DOCe ACTION: BOCC approval to advertise 9/20/06.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDA nONS: Approval of attached Resolution.
TOTAL COST: $113.423 plus closing costs
BUDGETED: Yes -L No
COST TO COUNTY: $113.423 plus closing costs
SOURCE OF FUNDS: Land Authority
REVENUE PRODUCING: Yes
No~
AMOUNTPERMONm_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_
DMSION DIRECTORAPPROVAL~ -r;;;;Ii / ~ (f~(
~ ~TY~ ORNEY
DOCUMENTATION: Included X Not Required_
DISPOsmON:
AGENDA ITEM #
County Attorney
RESOLUTION NO. -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING THE SPECIAL MASTER'S
PROPOSED BENEFICIAL USE DETERMINATION FOR GENEVA
SUTTON AND REQUESTING THE MONROE COUNTY LAND
AUTHORITY TO MAKE A PURCHASE OFFER.
WHEREAS, Geneva Sutton filed an application for a Determination of Beneficial Use
on January 7, 2005 concerning two (2) vacant sites located at Mile Marker 99, totaling 5.19
acres, located in a portion of Government Lot 1, Section 4, Township 62 South, Range 39 East,
Key Largo, Florida, RE#00090370-0000OO and RE# 00090400-000300; and
WHEREAS, the Applicant substantially and materially supplemented her application on
June 23,2005; and
WHEREAS, the application was referred to a Special Master as provided in Code
Section 9.5-171; and
WHEREAS, the duly appointed Special Master, John 1. Wolfe, Esq., held an evidentiary
hearing on July 25, 2005; and
WHEREAS, the Special Master issued a Proposed Final Beneficial Use Determination
with recommended Findings of Fact and Conclusions of Law on July 19,2006; and
WHEREAS, the Board of County Commissioners is the only entity which has the final
authority to grant or deny vested rights or beneficial uses subject to appeal by the Department of
Community Affairs under Chapter 380, Florida Statutes as provided in Monroe County Code,
Section 9.5-174; and
WHEREAS, in approving, denying or modifying an Order from a Special Master
granting or denying an applicant vested rights or beneficial use, the Board of County
Commissioners will ensure that the Special Master has conducted the evidentiary hearing in a
manner that is consistent with Monroe County Code, Article VI and the Year 20 I 0
Comprehensive Plan; and
WHEREAS, the Board of County Commissioners will approve or reject the Special
Master's Determination during a public hearing as provided in Monroe County Code, Section
9.5-174; and
WHEREAS, the public shall be given an opportunity to be heard and make arguments
for or against the Proposed Determination during the public hearing as provided in Monroe
County Code, Section 9.5.-174; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Board of County Commissioners finds from the record that Special Master
John J. Wolfe conducted the Beneficial Use Determination hearing on July 25, 2005, and said
Special Master issued his written Proposed Beneficial Use Determination Recommended Order
on July 19,2006.
2. The Board further finds that the Special Master conducted the evidentiary hearing
in a manner consistent with Article VI, Monroe County Code, and the Year 2010 Comprehensive
Plan. A copy of the Special Master' Proposed Determination Recommended Order is hereby
appended to, and made a part of, this Resolution.
3. The Special Master found that a Final Beneficial Use Determination be entered
awarding just compensation to the Applicant to be determined as of 1986.
4. The Board of County Commissioners hereby APPROVES the Findings of Fact
numbered 1 through 7 as contained in the Recommended Order of the Special Master and
ADOPTS the Findings of Fact as the findings of the Board.
5. An appraisal has determined that the valuation of the real property as of
September 14, 1986 was $37,000.
6. Statutory interest on $37,000 from September 14, 1986 until December 31, 2006
is $76,423.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
The Board of County Commissioners hereby APPROVES the Conclusions of Law of the
Special Master numbered 8 through 12 as contained in the Recommended Order and ADOPTS
the Conclusions of Law as the conclusions of the Board; and
WHEREAS, the acceptance and approval of the recommendations of the Special Master
are not to be construed as an admission of an unlawful taking of Applicant's property; and
WHEREAS, after holding a quasi-judicial hearing, the Board wishes to accept the
recommendations of the Special Master as proposed in his recommended Order dated July 19,
2006; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Board of County Commissioners hereby approves the Proposed
Beneficial Use Determination dated July 19, 2006 made by the Special Master and adopts it as
the Final Determination of the Board.
2. In accordance with the above findings, the Monroe County Board of County
Commissioners hereby requests that the Monroe County Land Authority make a purchase offer
unto Geneva Sutton for the above-referenced real property the principal sum of $37, 000, plus
statutory interest to date of $76,423, for a total of$I13, 423.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 15th day of November. 2006.
Mayor McCoy
Mayor Pro Tern Spehar
Commissioner Neugent
Conmrns~onerMurpby
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Charles "Sonny" McCoy
Habitat Evaluation: Part of Government Lot 1
Applicant: Geneva L Sutton; RE# 00090400-000300, Key Larg,o
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A SUMMARY APPRAISAL OF
THE SUTTON TRACTS
CONSISTING OF
5.19 GROSS ACRES
LOCATED AT MILE MARKER 99
KEY LARGO, FLORIDA
PREP ARED FOR
MARK J. ROSCH, EXECUTIVE DIRECTOR
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207
KEY WEST, FLORIDA 33040
EFFECTIVE DATE OF VALUATION
SEPTEMBER 14, 1986
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DATE OF INSPECTION
SEPTEMBER 11,2006
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PREPARED BY
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TRENT MARR, MAl, SRP A
MARR & ASSOCIATES APPRAISAL COMPANY, INC.
5307 PIMLICO DRIVE
TALLAHASSEE, FLORIDA 32309
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~ & rt4&Jdate4 rt~~, 'lHe,
TRENT MARR, MAJ, SRPA
State Certified General Appraiser # RZ 514
tren tmarr@earthJink.net
Phone (850) 894-0446
5307 Pimlico Drive, Tallahassee, FL 32309
October 18,2006
Mark 1. Rosch, Executive Director
Monroe County Land Authority
1200 Truman A venue, Suite 207
Key West, Florida 33040
Re: Appraisal of 2 vacant sites, totaling 5.19 acres, located at mile marker 99, Key Largo,
Florida.
Dear Mr. Rosch:
At your request, the investigations and analyses necessary to form an opinion of the market
value of the fee simple estate in the above referenced property has been conducted. I was
requested to value the site, based on land use regulations in effect prior to September 15, 1986.
The value contained within this appraisal is based upon a personal inspection of the site and all
comparable data.
This report sets forth the identification of the subject property, the assumptions and limiting
conditions, information regarding the subject and its surrounding area, comparable sales, the
results of the investigations and analyses, and the reasoning which led to my conclusions.
To the best of my ability, the analysis, opinions, and conclusions were developed and this report
was prepared in accordance with the standards and reporting requirements of the Appraisal
Institute and Uniform Standards of Professional Appraisal Practice.
The market value of the subject sites, as of September 14, 1986, subject to the assumptions and
limiting conditions is:
THIRTY SEVEN THOUSAND DOLLARS
($37,000)
Respectfully Submitted,
Marr & Associates Appraisal Company, Inc.
;?;PlP/
Trent Marr, MAl, SRPA
State Certified General Appraiser #0000514
II
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TABLE OF CONTENTS
Title Page
Letter of Transmittal
Table of Contents
INTRODUCTION
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Subject Photographs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Assumptions and Limiting Conditions ............................................. 5
Purpose of the Appraisal ........................................................ 6
Intended User and Use of the Appraisal ............................................ 6
Definition of Market Value ...................................................... 6
Property Rights Appraised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Statement of Conformation ..................................................... 7
Scope of the Appraisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Owner of Record .............................................................. 7
Assessment and Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Date of Value Estimate ......................................................... 8
Sales History ................................................. . . . . . . . . . . . . . . . 8
Economics and Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-11
SUBJECT PROPERTY DATA
Neighborhood Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-13
Site Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Zoning ..................................................................... 15
Highest and Best Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
VALVA TION
. The Appraisal Process ......................................................... 17
Sales Comparison Approach .................................................... 18
Comparable Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19-30
. Summary of Comparables (Chart) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Sales Analysis ............................................................... 32
Conclusion of Value .......................................................... 32
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ADDENDA ................................................................. 33
Additional Exhibits
Qualifications of the Appraisers
1
EXECUTIVE SUMMARY
OWNER OF RECORD:
Geneva L. Sutton
APPRAISER:
Trent Marr, MAl, SRPA
DATE:
Date of Value:
Date of Inspection:
Date of Report:
September -14, 1986
September 11, 2006
October 18, 2006
INTEREST APPRAISED:
Fee Simple
PARCEL SIZE:
5.19 gross acres consisting of .53 acres of uplands and
4.66 acres of wetlands
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OWNERSHIP HISTORY:
According to the public records there have been no
sales of the site within the past 5 years. The last sale
found in the public records was in 1971. According to
the property record card, RE # 90400-000300 sold for
$18,800 and RE # 90370 sold for $12,000, totaling
$30,800. Both sales occurred in February 1971.
PARCEL ACCESS:
Parcel is accessible by Ocean Bay Drive and the
Atlantic Ocean.
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ZONING/LAND USE:
GU (General Use, pre-l 986)
ASSESSED VALUE:
$143,093
FLOOD INFORMATION:
Site is located in a 100 year flood area
HIGHEST AND BEST USE:
The highest and best use is to develop each site with a
single family home.
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SALE ANAL YSIS:
Four comparable sales were located within the subject's
immediate area, with sales prices ranging from $45,000
to $165,000 per transaction and per upland acre prices
from $42,000 to $76,500. The subject's market value
was estimated in the middle range at $70,000 per
upland acre. Thus, the subject's .53 acres indicated a
market value of $37,000.
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OPINION OF VALUE:
$37,000
SPECIAL ASSUMPTION:
I have been requested to appraise the site based on land use regulations in effect prior to
September 15, 1986.
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C 11156 - MCLA I Sutton Tract. Mile Maker 99. Kev LarIlO. Florida
Marr & Associates AoDraisal Comllanv. Inc.
2
View of unimproved Ocean Bay Drive
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Ocean Bay Drive looking south, subject on left
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ClllSO - MCLA I Sutton Tract. Mile Maker 99. Key Lar2o. Florida
Marr & Associates APpraisal Company. Inc.
3
Interior view of subj ect site
Ocean Bay Drive looking north, subject on right
C 185'6 - MCLA / Sutton Tract, Mile Maker 99, Key Largo, Florida
Marc & Associates Appraisal Company, Inc. 4
CERTIFICATE OF VALUE
The undersigned does hereby certify that, to the best of my knowledge and belief that:
The statements of fact contained in this appraisal report, upon which the analysis, opinions and
conclusions expressed herein are based, are true and correct.
The reported analysis, opinions and conclusions are limited only by the reported assumptions
and limiting conditions, and are my personal, unbiased professional analyses, opinions, and
conclusions.
I have no present or prospective interest n the property that is the subject of this report and I have
no personal interest or bias with respect to the parties involved.
My compensation is not contingent upon the reporting of a predetermined value or direction in
value that favors the cause of the client, the amount of the value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event. This appraisal assignment was not
based upon a requested minimum value, a specific value, or the approval of a loan.
The reports and analyses, opinions and conclusions were developed, and this report has been
prepared in conformity with the requirements of
the Code of Professional Ethics and the Standards of Professional Practice of the
Appraisal Institute
the State of Florida requirements for state-certified appraisers
Uniform Standards of Professional Appraisal Practice (USP AP)
I have complied with the USPAP competency provision.
This appraisal report sets forth all of the limiting conditions imposed by the terms of this
assignment or by the undersigned affecting the analyses, opinions and conclusions contained in
this report.
No one provided significant professional assistance to the persons signing this report, unless
specifically noted herein.
The use of this report is subject to the requirements of the Appraisal Institute relating to review
by its duly authorized representatives. Additionally, it is subject to review by the State of Florida
relating to review by the Real Estate Appraisal Subcommittee of the Florida Real Estate
Commission.
As of the date of this report, Trent Marr has completed the requirements of the continuing
~dUC....katiO M.....I;:f,...~/:.. ofthe Appraisal Institute.
l4fl/f~ lU)f~
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Trent Marr, MAl, SRPA
State Certified General Appraiser # RZ 514
Date
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Cl8siJ - MCLA/ Sutton Tract. Mile Maker 99. Key Largo. Florida
Marc & Associates Aooraisal Comoany. Inc. 5
ASSUMPTIONS AND LIMITING CONDITIONS
lbe legal description used in this report is assumed to be correct.
No survey of the property has been made by the appraiser and no responsibility is assumed in
connection with such matters. Sketches in this report are included only to assist the reader in
visualizing the property.
No responsibility is assumed for matters of legal nature affecting title to the property nor is an
opinion of title rendered. The title is assumed to be good and marketable.
Information and data furnished by others is usually assumed to be true, correct and reliable.
When such information and data appears to be dubious and when it is critical to the appraisal, a
reasonable effort has been made to verify all such information. No responsibility for the
accuracy of any information furnished by others to the Appraiser is assumed by the Appraiser.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures which would render it more or less valuable. No responsibility is assumed for such
conditions or for engineering which may be required to discover them.
It is assumed that all applicable zoning and use regulations and restrictions have been complied
with, unless a nonconformity has been stated, defined and considered in the appraisal report.
The appraiser will not be required to give testimony or appear in court because of having made
this appraisal, with reference to the property in question, unless arrangements have been
previously made thereto.
Possession of the report, or copy thereof, does not carry with it the right of publication. It may
not be used for any purpose by any person other than the party to whom it is addressed without
the written consent of the appraiser, and in any event only with proper written qualifications and
only in its entirety. The physical report(s) remain the property of the appraiser for the use of the
client, the fee being for the analytical services only. The appraiser(s) or those assisting in
preparation of the report will not engage in post appraisal consultation with client or third parties
except under separate and special arrangement and at an additional fee.
No environmental impact studies were either requested or made in conjunction with this
appraisal, and the appraiser hereby reserves the right to alter, amend, revise, or rescind any of the
value opinions based upon any subsequent environmental impact studies, research or
investigation.
Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the
public through advertising, public relations, news, sales or any other media without written
consent and approval of the appraiser. Nor shall the appraiser, firm or professional organization
of which the appraiser is a member be identified without written consent of the appraiser.
The authentic copies of this report are signed. Any copy that does not have the above is
unauthorized and may have been altered.
C 1856 - MCLA I Sutton Tract, Mile Maker 99. Key Largo. Florida
Marr & Associates Appraisal Company. Inc. 6
PURPOSE OF THE REPORT
The purpose of the report is to estimate the market value of the unencumbered fee simple estate
based on land use regulations in effect prior to September 15, 1986.
INTENDED USER (S) AND USE OF THE REPORT
The intended user of the report is the Monroe County Land Authority and/or their assigns. The
intended use is to determine a reasonable offering price.
DEFINITION OF MARKET VALUE
According to the Supplemental Appraisal Standards For Board of Trustees Land Acquisitions the
definition of Market Value is:
"The most probable price which a property should bring in a competitive and open market
under all conditions requisite to fair sale, the buyer and seller, each acting prudently and
knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing oftide from
seller to buyer under conditions whereby:
l.buyer and seller are typically motivated;
2.both parties are well informed or well advised, and acting in what they consider their best
interest;
3.reasonable time is allowed for exposure in the open market;
4.payment is made in cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5.the price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale." I
PROPERTY RIGHTS APPRAISED
The property rights being appraised are the fee simple estate defined as:
"Absolute ownership unencumbered by any other interest or estate, subject only to the
limitation imposed by the governmental powers of taxation, eminent domain, police
power, and escheat."2
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1 Uniform Standards of Professional Appraisal Practice, 1995
2 Appraisal Institute, 'lne Dictionary ofReall,'''tate Appr'llSal. (Chicago: Appmisal1nstitute. 1993) Page 140
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C 1856 - MCLA j Sutton Tract, Mile Maker 99. Key Largo, Florida
Marr & Associates Aooraisal Company, Inc 7
STATEMENT OF CONFORMATION
To the best of my knowledge, this appraisal conforms to: The Uniform Standards of Professional
Appraisal Practice (USPAP) adopted by the Appraisal Foundation; the Code of Professional
Ethics and the Standards of Professional Practice of the Appraisal Institute. This appraisal was
prepared in summary format.
SCOPE OF THE APPRAISAL
I
The scope of the appraisal included the inspection of the subject property, subject neighborhood
and comparable properties. The subject was inspected on September 11, 2006. The owner was
notit1ed in writing of my intentions on inspecting the site and offered the chance to attend the
inspection or send a representative to attend the inspection in their place, No one other than the
appraiser attended the inspection.
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Because of the dense vegetation access to the interior of the site was not available. Therefore,
the inspection was limited to Ocean Bay Drive. A physical inspection was made of all the
comparable sales. Because of the distant in time, only I comparable could be verified by the
seller or buyer. Therefore, the sales price in the public records was verified by the deeds and
assumed to be correct. Data on the sales was obtained from dated REDI sales books, Alva Cards,
Tax Maps and the Monroe County Oft1ce online computer service. Habitat sizes for some of the
comparables was taken from a habitat map, prepared by DEP. All sizes estimated are assumed to
be correct.
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The subject property consists of a vacant site, therefore, the cost approach nor the income
capitalization approach were applicable. The Sales Comparison Approach was used as the only
valuation method. In developing this approach, market data was collected from public records,
MLS, oft1ce files, Realtors, persons knowledgeable of the subject marketplace, and/or the
Monroe County offices. After assembling and analyzing the data, the data was compared to the
subject site and an estimated value was indicated by the sales.
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OWNER OF RECORD
. Geneva L. Sutton
1550 NE 13 Terrace B-IO
Jensen Beach, FL 34957
ASSESSMENT AND TAXES
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The following chart summarizes the 1985 assessment and taxes.
Folio Number
Assessment
Taxes
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00090370-000000
00090400-000300
$66,371
$65,200
$873.46
$854.58
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As of 1986 the assessed values are high and should be protested. Based on the sales used in this
report, a more reasonable assessment would be $25,000 (total), with taxes of approximately
$330.
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C 1856', MCLA / Sutton Tract. Mile Maker 99. Key Largo. Florida
Marr & Associates Appraisal Company. Inc. 8
LEGAL DESCRIPTION
The sites have a lengthy metes and bounds legal description. Refer to the addenda for the legal
descriptions recorded on the deeds. Based on the property record card, the sites are located in a
portion of Government lot 1, Section 4, Township 62 South, Range 39 East, Monroe County,
Florida.
DATE OF VALUE ESTIMATE
The date of inspection was September II, 2006. The date of valuation is September 14, 1986
and the date of this report is October 18, 2006.
FIVE YEAR HISTORY OF SUBJECT
Based on a search of the public records there been no sales of the subject site within the past 5
years as of the effective date of this appraisal. Based on the property record cards and recorded
deeds the last sales of the subject sites were in February 1971. According to the property record
cards, RE # 00090370-000000 sold for $12,000 and is recorded in OR book 492, page 367. RE #
00090400-000300 sold for $18,800 and is recorded in OR book 490, page 447. A contract on
the property was provided by the property owner in the amount of $300,000. The contract never
closed and apparently the buyer forged documents concerning the escrow funds. A copy of this
contract and Realtor's letter concerning the escrow deposit is included in the addenda.
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C1856. MCLA I Sutton Tract. Mile Maker 99. Key Largo. Florida
Marr & Associates Appraisal Company. Inc. 9
ECONOMICS AND DEMOGRAPHICS
Introduction
Monroe County is the southern most county in the state of Florida. It is bounded by Dade
County to the north, the Atlantic Ocean to the east and the Gulf of Mexico (Florida Bay) to the
west. Monroe County contains a total of 1,144,791 acres of which 60,656 acres are included in
planning areas with the remaining dedicated to conservation, parks and recreational areas. The
primary attraction of Monroe County is the tropical climate allowing year round diving, fishing
and numerous outdoor recreational activities. The maximum average temperature rarely exceeds
89 degrees while the minimum average temperature rarely drops below 65 degrees. Permanent
residents are primarily retired or locally employed in tourist related activities.
Population
Monroe County is the 33rd largest ofthe 67 counties located in the State of Florida. Monroe
County has increased every year in population since 1940. This population growth has remained
steady over the past nine years ranging from 1.3% to 2.8%. The following chart summarizes the
population and estimated population growth from the years 1960 to the year 2000 pursuant to the
Florida Statistical Abstract.
Year
Population
1960
47,921
1970
52,586
1980
63,200
1981 1982
64,200 65,700
1983
66,600
1984
68,800
1985
70,700
According to the Monroe County Statistical Abstract the majority ofthe population is between
the ages of25 and 44.
The population of Monroe County fluctuates substantially during the tourist season. The tourist
season begins in December and ends in May with an increase in population exceeding 150,000.
This trend has continued to increase indicating a stable growth of permanent residents and
tourism in the County.
Employment
The unemployment rate for Monroe County has varied substantially over the past several years,
ranging from a low of2.2% in 1970 to a high of 10.2% in 1975. The following chart
summarizes the unemployment rates from 1981 to 1986 for Monroe County and the State of
Florida.
Monroe County
1981
7.4%
1982
7.9%
1983
6.9%
1984
4.1%
1985
3.5%
1986
3.0%
Florida
1981
6.8%
1982
8.2%
1983
8.6%
1984
6.6%
1985
6.0%
1986
5.7%
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C 1856 - MCLA / Sutton Tract. Mile Maker 99. Key Larl1.o, Florida
Marr & Associates Appraisal Company. Inc. 10
Tourism
The tourism industry is a major source of revenue for Monroe County. The hotel/motel industry
accounts for approximately 15% of the county's employment. The number one tourist attraction
in the Upper Keys is John Pennekamp State Park, which has over 1,000,000 visitors annually.
Bahia Honda State Park ranks second with an estimated 339,000 visitors. The following is a list
of the Federal and State Parks located in Monroe County.
UPPER KEYS
EVERGLADES NATIONAL PARK
CROCODILE LAKE NATIONAL WILDLIFE REFUGE
KEY LARGO NA TIONAL MARINE SANCTUARY
ISLAMORADA COUNTY PARK
INDIAN KEY STATE PARK
LONG KEY STATE RECREATION AREA
MIDDLE KEYS
WANDA SWITLlK SOMBRERO BEACH COUNTY PARK
COUNTY VETERANS PARK
LOWER KEYS
BAHIA HONDA STATE RECREATION AREA
LOOE KEY NATIONAL MARINE SANCTUARY
COUPON BIGHT STATE AQUATIC PRESERVE
NA TIONAL KEY DEER WILDLIFE REFUGE
THE BLUE HOLE
GREAT WHITE HERON NATIONAL WILDLIFE REFUGE
KEY WEST NATIONAL WILDLIFE REFUGE
FORT ZACHARY TAYLOR STATE PARK
SMATHERS BEACH COUNTY PARK
HIGGS BEACH COUNTY PARK
CITY OF KEY WEST SOUTH BEACH
SIMONTON STREET KEY WEST CITY MARINA AND BEACH
FOR T JEFFERSON NATIONAL MONUMENT
Recreational Facilities
The Florida Keys have excellent water recreational activities. Thousands of visitors come each year
to dive and fish the coral reefs throughout the Florida Keys. Although primarily limited to water
recreation, the county also has two golf courses, dog racing, and movie theaters. Monroe County
also has a free public library system with three branches located throughout the county.
Construction Industry
Residential construction dominates the overall construction industry 2.4 to I. This has remained
relatively stable over the past several years. The following chart summarizes the actual dollar values
and percentages of residential, commercial and add-ons/alterations for the years 1982 - 1986
C 1856. MCLA / SLltton Tract. Mile Maker 99, Key Largo, Florida Marr & Associates Appraisal Company, lnc 11
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BUILDING PERMIT VALUES
(Dollars in Thousands)
Actual
Dollars 1982 1983 1984 1985 1986
Total 79,690 136,403 86,182 44,598 23,537
Resd. 59,177 96,885 62,521 36,829 17,886
Comm. 14,160 19,675 7,643 938 3,244
I Atl. 6,347 16,417 16,018 6,831 2,407
Public -0- 3,426 -0- -0- -0-
Percentage
Total 100 100 100 100 100
Resd. 79 74 71 73 83
. Comm. 13 18 14 9 2
Alt. 8 8 12 19 IS
Public 0 0 3 0 I
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Florida Statistical Abstract
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As noted on the previous chart, a substantial decrease in building permit value has taken place
within the last several years. Monroe County and the Florida Keys are located within an area of
critical state concern and the Florida Keys have one of the only living coral reefs in the United
States. Therefore, state as well as national building restrictions have been placed on the county,
limiting and restricting development.
Monroe county is currently in the process of forming a new land-use plan. The goals of this plan
will be to limit hurricane evacuation time, protect the environment and avoid the cost of expanding
highways, bridges and schools. The results are expected to be powerful limits on how land owners
can use their property .
Transportation
U.S. 1 (also known as Overseas Highway) is the main thoroughfare entering and exiting the
Florida Keys. In Monroe County U.S. 1 begins at Mile Marker 112 and runs approximately 112
miles to Key West. There are two public airports located in Monroe County. Key West and
Marathon airports are located at mile markers 0 and 50 respectively. The Miami International
Airport is located 60 miles north of Key Largo and is the major airport used by residents in the
Upper Keys. Transportation services are limited to taxi services and the Greyhound Bus.
Summary
The overall economy of Monroe County has steadily increased over the past several years. The
tourist industry is the dominating market for revenues generated in the county. The steady increase
in tourism over the past several years is expected to continue its growth, indicating a strong future
demand for commercial space in the area. Furthermore, the new land use plan will put limits on
future growth that will in turn increase real estate values and occupancy rates for most existing
structures.
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C 11lSe. - MCLA I Sutton Tract. Mile Maker \/\/, Key Largo, Florida
Marr & AssocIates AppraIsal Company. Inc. 1 L
NEIGHBORHOOD DESCRIPTION
Location
The subject property is located in Key Largo near mile marker 100. This is the central business
district for Key Largo. The surrounding neighborhood is predominately mixed use between strip
centers, hotels/motels, banks, small professional offices, residential houses, marinas, dive shops,
restaurants, vacant land and various other tourist related industries.
The immediate neighborhood of the subject property consists of vacant land to the north and
south, the Atlantic Ocean to the east and a condominium complex to the west/southwest. Key
Largo is located along the southern tip of south Florida, approximately 60 miles south of
Downtown Miami and is the first major development south of Florida City (located 20 miles
north). Key Largo is the largest (in square miles) Island in the Florida Keys. Key Largo begins
at Jewfish Creek (mile marker 108) and ends in Tavernier, and is approximately 30 miles long.
The widest portion of Key Largo is approximately I mile.
Jewfish Creek is located at mile marker 108 and starts the beginning of Key Largo, therefore, this
is considered the neighborhood's northern boundary. Approximately 3 miles south of the subject
(Mile Marker 97), commercial development decreases, therefore, this is considered the subject's
southern boundary line. The Atlantic Ocean and' Florida Bay are located to the east and west of
the subject respectively and are considered the east and west neighborhood boundary lines.
Single family homes within the subject's neighborhood vary significantly in price range. Single
family homes along the Atlantic Ocean and the Florida Bay have price ranges up to $1,000,000,
while mobile homes and non water homes in the neighborhood range from $30,000 - $125,000.
Overall, the average single family sales price in the neighborhood ranges from $70,000 to
$100,000.
Development Trends
The Key Largo/Port Largo area is primarily tourist oriented. Several new hotels and motels have
been recently constructed or are in the planning stages. Marina Del Mar is located at M.M. 100,
and is expected to be completed in 1988. When complete Marina Del Mar will consist of
approximately 76 rooms ranging from efficiencies to 2 bedroom 2 bath suites. The Suites of
Key Largo (Best Western) is located directly (north) across the canal from Marina Del Mar. The
Suites of Key Largo is under construction and should be completed in 1987, with 40-2 bedroom
2 bath units. The Holiday Inn has in excess of 100 rooms and was built in the 70's.
Several retail centers have been recently expanded or are currently under construction. These
consist of Key Largo North, Tradewinds, 106 Plaza and Central Plaza. Key Largo North was
completed in 1986 and consists of approximately 60,000 square feet of gross leasable area.
Waldorf Plaza is located in downtown Key Largo and consists of a 55,880 square foot shopping
center. Anchor tenants consist of the Key Largo Shopper, Eckerd's, Blockbuster, and McCrory's.
Several other specialty shops are located within this center. Central Plaza was completed in the
early 1980's and is located at mile marker 103. 106 Plaza was completed in the mid 1980's and is
located in Upper Key Largo at mile marker 106.
C 1856 - MCLA I Sutton Tract. Mile Maker 99. Key Largo. Florida
Marr & Associates Appraisal Company. Inc. 13
Recreational Activities
The major attraction of the Florida Keys as well as Key Largo, is the mild climate, fishing, diving
and water activities. One of the major attractions of Key Largo is John Pennekamp State Park.
Last year John Pennekamp State Park attracted an estimated 625,000 visitors by car and an
additional 625,000 by water. John Pennekamp Park is approximately 78 square miles and is one
of the few living reefs along America's shoreline. Key Largo offers excellent fishing and diving
activities and is one of the primary attractions to the area.
Education
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There is one private and one public high school in the Upper Keys. Island Christian is a private
school teaching grades kindergarten-12 and is located approximately 16 miles south of the
subject. Coral Shores High is the only public high school for the Upper Keys and is located 10
miles south. Key Largo Elementary and Middle School is located in Upper Key Largo and is
approximately 5 miles north of the subject. Also located in Coral Shores High School are classes
held for Florida Keys Community College. Churches of numerous denominations are located
within the neighborhood, including Baptist, Methodist, Church of Christ, Catholic, etc.
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Access
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The subject is located on an unimproved portion of Ocean Bay Drive. Ocean Bay Drive, extends
in a northwest to southeast direction, from the Florida Bay to the Atlantic Ocean. The subject is
located on the east portion of Ocean Bay Drive, along the Atlantic Ocean and can also be
accessed by water. Access to Ocean Bay Drive is via Overseas Highway. Overseas Highway
begins in Key West at Mile Marker 0 and extends approximately 124 miles to the Florida
mainland and is the primary artery for the Keys.
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Summary
. Overall, Key Largo's mild climate, living reefs and excellent fishing make it one of the major
tourist attractions in America. The neighborhood is in the stable phase of its life cycle. There
has not been much new commercial construction over the past year or two, however, many of the
. older buildings are being renovated. The large influx of tourists is expected to continue which
will place a continued demand for all types of tourist related businesses.
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(1856 - MCLA / Sutton Tract, Mile Maker 99, Key Largo, Florida
Marr & Associates Appraisal Company. Inc. 14
SITE DESCRIPTION
Location
The site is located at mile marker 99, east of Overseas Highway, along the easterly side of Ocean
Bay Drive, in Key Largo, Monroe County, Florida.
Dimensions, Size and Shape
The sites are a trapezoid. I was not provided with a survey delineating the dimensions. Based on
the 1983 Monroe County Tax maps, prepared by Real Estate Data Inc., parcel # 00090400-
000300 is approximately 2.48 acres and parcel # 00090370-000000 is approximately 2.71 acres,
totaling 5.19 acres. Based on the Beneficial Use Determination, provided by Monroe County,
the site totals .53 acres of uplands, therefore, the remaining 4.66 acres are considered wetlands.
Access
The subject site is located along the easterly side of Ocean Bay Drive, along the Atlantic Ocean.
The subject's portion of Ocean Bay Drive is gravel and unimproved. The improved portion
begins a few hundred feet northwest and extends to Overseas Highway. Overseas Highway is a
four lane asphalt street separated by a median and is the major thoroughfare throughout the
Upper Keys and Monroe County. The site is also accessible by water.
Water Frontage
As indicated, the subject has frontage along the Atlantic Ocean. However, the water depth is low
and access would be limited to canoe, kayaks or boats with shallow water drafts. A pier
extending out into the Atlantic Ocean is possible, allowing for larger draft boats.
Utilities
Based on aerial photographs, there are dwellings built in the general area, and it appears that
water and electricity is available to the site (as of 1986). Septic tanks are used for sewage
treatment.
Vegetation
The site consists of mangroves, saltmarsh and buttonwood and uplands. Based on the Beneficial
Use Determination, the site has approximately .53 acres of uplands, (Saltmarsh and Buttonwood
and Hardwood Hammock), and the remaining is mangroves.
Nuisances and Hazards
The site is located within a 100 year flood zone.
Conclusion
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The site is centrally located in Key Largo and is zoned for residential use. The entire site is
vegetated and would require clearing. The immediate area consists of both commercial and
residential buildings. The site is compatible and conforms to the surrounding neighborhood.
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CJ 856 - MCLA I Sutton Tract, Mile Maker 99. Key Largo. Florida
Man & Associates Appraisal Company. Inc. 15
ZONING
Prior to September 15, 1986, the site was zoned GU-General Use, by Monroe County. The au
zoning is summarized as follows:
GU - GENERAL USE
The GU-General Use District is established as an interim land classification pending action to re-
zone the property to a residential, business or industrial classification. The aU-General Use
Classification applies to all lands in Monroe County not already zoned for residential or business
uses as shown on the official zoning maps of Monroe County, Florida.
GU general use district.
(a) No land, body of water and/or no structure shall be used or permitted to be used, and no
structure shall be hereafter erected, constructed, moved, reconstructed or structurally
altered or maintained in any zone of classification GU-General, which is designated,
arranged or intended to be used or occupied for any purpose, except for one or more of
the following uses, unless otherwise provided:
(1) Single family dwellings with their customary accessory uses.
(2) Agriculture uses.
(3) Clubs, including country, golf, gun and fish clubs or similar enterprises, and ranges.
(4) Athletic fields and stadiums.
(5) Power plants and sub-station, water pumping stations, television, and radio transmission
towers.
(6) Fishing camps on isolated islands.
(7) Churches (two (2) acres).
(8) Horses: Horses may be kept only in a GU zone, on a minimum of one (I) acre. The area
must be fenced, properly drained and if a stable or other structure exists on the property it
must meet all the building and setback regulations of Monroe County.
(9) Cemeteries, including crematories and mausoleums on a minium of five (5) acres.
An area ofland set apart for the sole purpose of the interment of the remains of deceased
person and for the erection of customary markets (markers), monuments, and
mausoleums.
(10) Monuments recognizing person or points of historical interest (two (2) acres).
(b) The minimum lot area shall be one (1 acre), with a frontage of one hundred twenty five
(125) feet and depth of one hundred twenty (125) feet.
Summary
The subject is located at mile marker 99 in Key Largo. Based on the 1986 land use code, each
site could be developed with a single family home. The surrounding area consists of a mixture
of both residential and commercial sites, as well as vacant land. The subject's au zoning
permits a wide range of uses, from residential to private clubs, churches, etc. The subject
consists of a vacant tract containing approximately 5 + acres of both wetlands, and uplands. The
subject's zoning, and site characteristics conform to the surrounding neighborhood.
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( Zoning Map)
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C1856. MCLA / Sutton Tract, Mile Maker 99, Key Largo. Florida
MarT & Associates Appraisal Company. Inc. 16
HIGHEST AND BEST USE
The forces that affect the market value of a property also influence the property's highest and best
use. In all valuation assignments, value estimates are based upon use. The highest and best use
.. of a property to be appraised provides the foundation for a thorough investigation of the
competitive positions of market participants. Consequently, highest and best use can be
described as the foundation upon which market value rests.
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Highest and best use is defined as:
"The reasonably probable and legal use of vacant land or an improved property,
which is physically possible, appropriately supported, financially feasible, and that
results in the highest value."
Implied in this definition is that the determination of highest and best use takes into account the
contribution of a specific use to the community and community development goals as well as the
benefits of that use to individual property owners. Hence, in certain situations the highest and
best use of land may be for parks, green belts, preservation, conservation, wildlife habitats, and
the like.
There are essentially four stages in analyzing the highest and best use of a property. These are
legally permissible uses, physically possible uses, financially feasible uses and maximally
productive use or the most profitable use.
Physically Possible Uses
Physically possible uses are those uses which are physically possible on the site. These uses
change with the size, shape and terrain of the property in which development is to take place.
The site contains 5.19 acres with .53 acres of uplands. The site has frontage along an
unimproved road and could be developed with a variety of residential or commercial uses.
Legally Permissible Uses
Legally permissible uses are those uses which are legally permissible on the site. These uses vary
with the type of zoning, building codes and deed restrictions pertaining to the property being
appraised. The site is zoned GU (General Use). The GU is an interim zoning, however, it does
allow a variety of residential and other uses. Refer to the zoning section of this report for all the
uses allowed under the GU zoning.
Financially Feasible/Maximally Productive Use
For any use to be the highest and best use of a site, it must be financially feasible. That is, it
must produce a return (profit) after construction which exceeds the total cost of construction and
total development by such an amount that it would induce a developer/investor into undertaking
the project. The site consists of an acreage tract located on the Atlantic Ocean in primarily a
residential area. Based on the surrounding area and allowable uses, the highest and best would
be residential.
Cl 856 - MCLA I Sulton Tract, Mile Maker 99. Key Largo, Florida
Marr & Associates Appraisal Company. Inc. 1 7
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V ALUA TION OF THE SUBJECT PROPERTY
THE APPRAISAL PROCESS
The three approaches commonly used in appraisal are as follows:
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The Cost Approach
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"A set of procedures through which a value indication is derived for the fee simple interest in a
property by estimating the current cost to construct a reproduction of or a replacement for, the
existing structure; deducting accrued depreciation from the reproduction or replacement cost; and
adding the estimated land value plus an entrepreneurial profit."3
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The Sales Comparison Approach
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"A set of procedures in which a value indication is derived by comparing the property being
appraised to similar properties that have been sold recently, applying appropriate units of
comparison, and making adjustments, to the sale prices of the comparables, based on the
elements of comparison. ,,4
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The Income Capitalization Approach
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"A set of procedures through which an appraiser derives a value indication for an
income-producing property by converting anticipated benefits (cash flow and reversion) into
property value. This conversion is in two ways. One year's income expectancy can be
capitalized at a market-derived capitalization rate or a capitalization rate that reflects a specified
income pattern, return on investment, and change in the value of the investment. Alternatively,
the annual cash flows for the holding period and the reversion can be discounted at a specified
yield rate. liS
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The subject property consists of a vacant site and is not being leased. Therefore, the income
capitalization nor cost approach were considered applicable. The sales comparison approach was
considered most applicable and was the approach used in the analysis.
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Appraisal Institute, The f)ictlOnary a/Real EVla/e Appraisal, 3rd Edition (Chicago: Appraisal Institute, 1993) Page 81
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4 Appraisallnstitule, The Dictionary o/Real E'ta/e Appraisal, 3rd Edition (Chicago: Appraisal Institute, 1993) Page 318
5 Appraisal Institute, The Dictionary 0/ Real E,'/a/e Appraisal, 3rd Edition (Chicago: Appraisal Institute, 1993) Page 178
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C llS)(J - MCLA l1Sunon I ract, MIle MaKer YlJ. Key Largo. 1'Ionda
Marr & Associates Aooraisal COffioany. Inc. 18
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SALES COMPARISON APPROACH
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'The sales comparison approach is applicable to all types of real property interests when there are
sufficient recent, reliable transactions to indicate value patterns or trends in the market. For
property types that are bought and sold regularly, the sales comparison approach often provides a
supportable indication of market value. When data are available, this is the most direct and
systematic approach to value estimation. ,,6
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This approach is based on the principles of supply and demand, substitution, balance and
externalities, all of which affect the sales price of a property. The relationship between the
. supply of a type of property to its level of demand is a determining factor in its selling price. The
principle of balance relates to the tendency of the market to constantly strive for an equilibrium
between supply and demand.
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"To apply the sales comparison approach, an appraiser follows a systematic procedure:
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1.
Research the market to obtain information on sales transactions, listings, and offerings to
purchase properties similar to the subject property.
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2.
Verify the information by confirming that the data obtained are factually accurate and that
the transactions reflect arm's-length market considerations.
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3.
Select relevant units of comparison (e.g., dollars per acre or per square foot) and develop
a comparative analysis for each unit.
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4.
Compare the subject property and comparable sale properties using the elements of
comparison and adjust the sale price of each comparable appropriately or eliminate the
property as a comparable.
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5.
Reconcile the various value indications produced from the analysis of comparables into a
single value indication or a range of values. An imprecise market may indicate a range of
values."7
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The subject consist of a 5,19 gross acre vacant site zoned GU (General Use (pre-l 986)). The
most reliable approach for vacant sites like the subject is the sales comparison approach.
Therefore, this was the only approach used to value the subject. The reader is referred to the
Comparable Land Sales Map to show where the subject property is located relative to the
location of each comparable sale. The following pages supply the information of each
comparable sale that was considered most similar to the subject.
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6 American Institute ofRcal Estatc Appraiscrs, The Appraisal afReal Estate, 11th Edition (Chicago: American Institute of Res I Estate Appraisers, 1996)
Page 400
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7 American Institute of Real Estate Appraisers. The Appraisal ajReal r:"lIJle, I t th Edition (Chicago: American Institute of Real Estate Appraisers, 1996)
Pages 40' and 402
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SALE ONE
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PROPERTY TYPE:
Waterfront
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SALES PRICE:
$165,000
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DATE OF SALE:
February 1986
GRANTOR:
Primo B. and Amy D. Puso
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GRANTEE:
Lenny and Jackie Ettinger
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VERIFICATION:
Buyer
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RECORDED:
Warranty D~ O.R. Book 967, Page 1289, Monroe
County.
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LEGAL DESCRIPTION:
Lengthy metes and bounds. The legal is
summarized as "a portion of lot 8, according to plat
of government lots 5 and 6 the NW 1/4 of the NW
1/4 of section 5, and lots 1 and 2 of section 6,
township 62,south, range 39 east, made by George L
Macdonald and recorded in plat book 1 at page 59
of the public records of Monroe County, Florida".
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LOCATION:
The site is located at mile marker 98, along the
easterly side of Overseas Highway, in Key Largo,
Monroe County, Florida.
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PARCEL #:
00090830-000000
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ZONING:
GU (General Use), pre-1986
PARCEL SIZE:
3.2 +/- gross acres. Based on the property record
card the site consists of2.86 acres of Hardwood
Hammock or uplands, with the remaining .34 acres
mangroves.
.
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UTILITIES:
All utilities were available to the site, including,
electric, water and trash services. Sewage system is
provided by septic tanks.
.
NUMBER OF UNITS:
One
.
UNIT VALUE INDICATION:
$57,500 per upland acre (rounded)
I
PRESENT USE:
Vacant
I
LIll:lIl-MLLAJ ~unon tract. MIle MaKerw.!\.ev LlIf2o. NOO08
MIIIT crt ASSOCiates APOnllS81 LomDany. me. L U
SALE ONE-CONTINUED
HIGHEST AND BEST USE:
Residential
TERMS OF SALE:
Purchase money mortgage at typical rates
CONDITIONS OF SALE:
Arms Length
COMMENTS: A survey was available for this comparable. The survey had several dimensions,
including the distance based on the deed, the distance based on the RIW and the distance to the
MHWL. The property record card's size of 3.79 acres are based on the deed dimensions.
However, of this, approximately .59 acres appears to be sovereign lands, owned by the state.
Therefore I have used the dimensions based on the MHWL (mean high water line). The site is
mostly rectangular and has 225 lineal feet of frontage along Overseas Highway, 648 lineal feet
along the northerly side, and 591 lineal feet along the southerly side. The water frontage along
the Atlantic Ocean has a meandering shoreline. Based on the dimensions the site totals 3.2 acres
and includes uplands and wetlands. Based on the property record card the site consists of 2.86
acres of Hardwood Hammock or uplands, with the remaining .34 acres mangroves.
Comparable Photograph
...
C Ill)() - MCLA I :sutton Tract. Mile Maker W. Kev !..argo. Florida
dS
..
.
iia
Marr & Associates Aporaisal COIDDanv. Inc. 2 1
SALE ONE - CONTINUED
Location Map
.,tf;
.,tf
'*'
_H'Ml
Parcel Sketch
CHI)() . MCLA I sutton Tract.. Mile Maker 99. Kev LarAO. Nanda
Marr ~ Associates Aooraisal Comoanv.lnc. 22
.
.
. PROPERTY TYPE: Waterfront
SALES PRICE: $135,000
.
DATE OF SALE: March 1985
. GRANTOR: Rafeal E. Viera
GRANTEE: Ara Nersesyan
.
VERIFICATION: REDI and Recorded Deed
. RECORDED: Warranty Deed, O.R. Book 2050 Page 1741,
Monroe County.
. LEGAL DESCRIPTION: Lengthy metes and bounds. The site is located in
part of Govemment Lot 1, Section 4, Township 62
. south range 39 east, Monroe County, Florida
LOCATION: MM 99, one lot north of the subject property.
.
PARCEL #: 00090440-00000000
. ZONING: GU (General Use)
PARCEL SIZE: 2.22 acres, consisting of 1.76 upland acres and .46
. acres of wetlands.
UffiITIES: All utilities were available to the site, including,
. electricity, water and trash services. Sewage system
is provided by septic tanks.
. NUMBER OF UNITS: One
UNIT VALUE INDICA nON: $76,500 per upland acre
.
PRESENT USE: Vacant
. IDGHEST AND BEST USE: Residential
.
.
.
I.-IlS:J!lJ - ML:LA/1iutton Iract. MIle Maker W. KeY Lanro. Horida
Marr & Associates Appraisal Company. Inc. 2 3
SALE TWO - CONTINUED
TERMS OF SALE:
Not Available
CONDITIONS OF SALE:
Assume Arms Length
COMMENTS:
The site is located on the easterly side of Ocean Bay
Drive, along the Atlantic Ocean, near mile marker
99 in Key Largo. This site is one lot north of the
subject property. The water depth is shallow,
however, a dock could be built extending into the
open water allow motor boats with deep water
drafts. Based on the aerial photograph the wetlands
area consists of mangroves and are located near the
waters edge. The upland area is located along the
westerly side of the site and consists of
approximately 3/4 (1.76 acres) of the site.
Iii
ill
Comparable Photograph
Comparable lot is to the left
....lG;x) - M....LftI ;:,uuon Jfl1(;1., Mill: MtlKer ';N. J\.ey ~O. rlOnaa
MlIlT '" J\l;SOClllu:li I\IIDrll.lSlU <...omPlIIIY. IDe. L. l!
SALE TWO - CONTINUED
$J~ .M~
Location Map
Ii
~ -h~:;i~:L:t~
= ;t ;:,,111_1
r~t! t t.t:~~~.. /
LI;~ ---.... ........1
JJJill1" iI;='-=~-:::':/
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--
ID4OO.IMlO2
lIt310
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-
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Parcel Sketch
Iii
"",,UJ.lU - JYJ.""wn., """",,,,U J lcaoL JVUI,," JVJ.IIAQ 7:'. I\.,,"y J..,an~.u. rlunUM.
MlIIT or; J\SSOCllll.eS J\lJDntlS8I UlIJlDl1l1V. me. L ::>
.
.
PROPERTY TYPE: Vacant
.
SALES PRICE: $75,000
.
DATE OF SALE: July 1984
. GRANTOR: Harry and Brunelle Giteles
GRANTEE: Robert F. Garcia-Esquerro
.
VERIFICA nON: Public Records, REDI
. RECORDED: Warranty Deed, O.R Book 921, Page 2011, Monroe
County.
. LEGAL DESCRIPTION: Lot 3 and the N/2 oflot 2, block 1 and lot 3and the
NI2 of lot 2, block 2, North Carolina Fishing Club,
Plat book 1, Page 93, Monroe County, Florida.
.
LOCATION: Mile marker 100, Key Largo, Florida.,
. PARCEL #: 00541400-000000,00541420-000000,
00541440~00OOO,OO541460-000000
.
PARCEL SIZE: 2.01 acres, consisting of 1.78 acres of uplands and
.23 acres of wetlands.
.
NUMBER OF UNITS: I
. ZONING: GU (General Use)
UTILITIES: Utilities are not available
.
UNIT VALUE INDICATION: $42,000 per upland acre
. PRESENT USE: Vacant
HIGHEST AND BEST USE: Residential
.
TERMS OF SALE: Purchase Money Mortgage
.
.
.
. ------- ----- -.-----.---- --..---. ----............-
............ -.. Ao.O"""..........-.. .. ..................... ......-v.....1o,A&.LlI 1', ..............- ~ u
SALE THREE - CONTINUED
CONDITIONS OF SALE:
Assume Arms Length
COMMENTS:
The sites are located along the Atlantic Ocean in an
undeveloped, but platted subdivision. The sites
abut Buena Vista Place, however the street is
unimproved and there is no access to the sites. The
vegetation was taken from the DEP habitat maps
and are assumed to be correct.
Comparable Photograph
Typical view oflot in North Carolina Beach Fishing Village
There is no access to the comparable site
iii
I.-llS:<)O - MI.-LA I :sunon uact. Mile Maker 'I'}. K.ev Largo. !'Ionlla
Man &. AsSOCiates ApPl1Usa! Company. inc. 27
SALE THREE-CONTINUED
..
c:::::::>~
$.J."';jffl
Location Map
541_ 541_
1:.1-~tt
Parcel Sketch
LI&:HI- MLLA I lSuttOII Jract. MlIC M8ker 'I'J. kCV 1...8r2O.l'tonCla
Marr ik. AssocI8teS ADDraIsaI (,;omoanV. mc. 2 8
.
.
PROPERTY TYPE: Vacant
.
SALES PRICE: $45,000
.
DATE OF SALE: June 1984
. GRANTOR: Sam Rice and France F. Bertha
GRANTEE: Corey Bohling
.
VERIFICA nON: Public Records, REDI
. RECORDED: Warranty Deed, O.R. Book 845, Page 553, Monroe
County.
. LEGAL DESCRIPTION: Lot I and the S/2 of lot 2, block 1 and lot 1 and the
S/2 of lot 2, block 2, North Carolina Fishing Club,
Plat book 1, Page 93, Monroe County, Florida.
.
LOCATION: Mile marker 100, Key Largo, Florida.,
. PARCEL #: 00541410-000000,00541450-000000,
00541390-000000,00541430-000000
.
PARCEL SIZE: 1.50 acres, consisting of .90 acres of uplands and
.60 acres of wetland.
.
NUMBER OF UNITS: I
II ZONING: GU (General Use)
UTILITIES: Utilities are not available
.
UNIT VALUE INDICATION: $50,000 per upland acre
. PRESENT USE: Vacant
HIGHEST AND BEST USE: Residential
.
TERMS OF SALE: Assumed an existing mortgage.
II
II
III
L1lS~b - MeLA , Sutton Tract. MIle Maker 99. Kev Lartro. Florida
MatT.It Associates ADoraisal ComDanv. Inc. 2 9
SALEFOUR-CONT~ED
CONDITIONS OF SALE:
Assume Arms Length
COMMENTS:
The sites are located along the Atlantic Ocean in an
undeveloped, but platted subdivision. The sites
abut Buena Vista Place, however the street is
unimproved and there is no access to the sites. The
vegetation was estimated based on the aerial
photographs.
Comparable Photograph
Typical view of lot in North Carolina Beach Fishing Village
There is no access to the comparable site
.
..
CJlS5fi - MCLA I sutton Tracl Mile Maker 99. Kev Lamo. Florida
Marr '" Associates Aooraisal ComOBllV. Inc. 30
SALEFOUR-CONT~D
*
Location Map
1141_
11414110
1141470
114'1430
Parcel Sketch
..
<)
il41420
1141_
1141418
1141310
o
o
~~
-j3$t
C 1856 . MCLA / Sutton Tract. Mile Maker 99, Key Lareo, Florida Marr & Associates Appraisal Company. Inc. 31
VALUATION ANALYSIS
The following charts summarizes the comparable sales.
.
Sale # Subject Sale 1 Sale 2 Sale 3 Sale 4
. Sales Price $165,000 $135,000 $75,000 $45,000
Date of Sale 2-86 3-85 7-84 6-84
.
Size 5. 19 acres 3.2 acres 2.22 acres 2.01 acres 1.50 acres
Upland acres .53 acres 2.86 acres ] .76 acres 1. 78 acres .90 acres
.
$/Upland Acre $57,500 $76,500 $42,000 $50,000
(rd)
.
Location MM99 MM98, MM99, MM 100, MM 100,
Key Largo Key Largo Key Largo Key Largo Key Largo
..
Zoning GU GU GU GU GU
Utilities/ Roads Yes Yes Yes No No
.
Vegetation Yes Yes Yes Yes Yes
.
The following adjustment chart displays the major differences between the subject and the
comparables. Due to the lack of sufficient sales, an exact dollar amount of an adjustment could
not be supported and would be unreliable. Therefore, each comparable was given either a
negative, positive or equal sign in order to compare it to the subject. If the comparable was
inferior to the subject it required an upward adjustment, thus, a plus sign was used. If the
comparable was superior to the subject it required a downward adjustment, thus a negative sign
was used. An equal sign required no adjustment.
.
.
.
.
Sale I Sale 2 Sale 3
Market = = =
Conditions
Size = =
Location = =
Zoning = =
Vegetation = = =
UtilitieslRoads = +
Net Adjustments = +
PricefUnit $57,500 $76,500 $42,000
Sale 4
.
=
lit
=
..
+
+
III
$50,000
io.
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I
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-
C1856. MCLA / Sutton Tract, Mile Maker 99. Key Largo, Florida
Marr & Associates Appraisal Company, Inc. 32
SALES ANALYSIS
The sales ranged from $45,000 to $165,000 per transaction and from $42,000 to $76,500 per
upland acre. Because uplands are considerably more desirable than wetlands, the price per
upland acre was considered most applicable. Thus, all sales were compared to the subject on a
price per upland acre.
Market Conditions (Date of Sale)
Market conditions refers to the appreciation (or depreciation) of a property over a period of time.
The sales range from 6-84 to 2-86 and overall were considered recent sales. Thus, no
adjustments were made for market conditions.
Conditions of Sale
All of the sales were assumed to be arms length transactions. Therefore, no adjustments were
made.
Size
The sales ranged from .90 to 2.86 upland acres, while the subject consists of.53 upland acres.
Based on matched pairs analysis amongst the sales there was no correlation between size and
price. Thus, none ofthe sales were adjusted for size.
Location/Open Water
All of the sales were located within a few miles of the subject on the open water of the Atlantic
Ocean. Therefore, no adjustments were required for location or water frontage.
ZoningN egetation
All of the sales were zoned, au and were fully vegetated. Thus, no adjustments were made.
Utilities Road
The subject, sales I and 2 have utilities and road access to the sites, thus, considered similar.
Sales 3 and 4's section of their subdivision is unimproved with no road access or utilities.
Therefore, sales 3 and 4 were inferior and required upward adjustments.
Conclusion
The sales ranged from $42,000 to $76,500 per upland acre. All sales were good indicators of
value, with sale 1 most similar in overall size, sale 2 most similar in location, and sale 4 most
similar in upland acres. Thus, most emphasis was placed on these three sales, with slight
emphasis also placed on sale 3. The subject's market value was estimated at $70,000 per upland
acre and is summarized as follows.
.53 upland acres X $70,000/upland acre
$37,000 (rd)
33
III
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ADDENDA
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Sep"t~,lO, 1981
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· REAL ESTAtE, INC. REAl TOIt "IIUO.-
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Atte:m., 61''''14 R$:LClllW'.. the' ':,', ,'ttoJi., ~~tt~. .... 1l.1elJ,l.'"" ~>'
auq.: he.40.. not haye th,$lO, ooa~,; 'd:.pOil1 t. ~~ ... .,aup,os84 ,to......,~ .,}
b, forf.l:t....tor non-p'rt-~nance of th'.c.on~~,,~~ .. . also. sat~, ,,: "~.~/;
~h.. ~o~o-cCJJy o~ the l.t.~.,r I. t'eC~:1Ve4 'f~. 'P*," Real V r addre8'~ii~ .2.'::
too ;..J::I.l\')&4"~.l~~'ptU"'1."I;f, 8_'.G~ 1i.oa~ b..wu putt1Q1 th.e lIoney in hi. .~t':";; ":.
elJorowMdq_t, 1e a torgtry.' . ":;:.'
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"'he ~~fJ~~:~t <'~. nif6~,~o>>e:r:i:ie"..J.~G~~;~8 :n9t returned
from. CUb_t... of th18dall.~We .... b"'.hbpl_,:.~'tJ(r. Gruen,
on his re~, ~u1d strfi,ighten ou'tthe. .1lo1e.'!1'iUat1on, either by".;
gd1bg ~,a4;~clo8111'C.01i the proJ)er't)',- 'or _tn,;. 'the e8C1'Ow depoe1 t~:, "
good With J'e'rold Reiohler. .., '. ' ',';.;'
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PEDRO
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PURCHASE AND SALE CONTRACT
AND RECEIPT FOR DEPOSIT
MAIN OrflCE; 691-1731
BRANCH OrflCE; 823-5390
.
Mi_l. Florid. .___......~~.:.~~....I_~....._.,.._.___.......,.... 19 .~.!...._
.
RIPe-eip' ia Mreb, eel.,,,,....... 0' the ... of:
.... ... X~JJ. ..th.o.ua.and..QU/.lOO".::,=",.-:,..,...,...",-::.-::.-::.-::..,..-;:::::::~:,:::-::-::-.-:,,,..-:,=_,=,,,-,:,:,:,:.~,,h."k '"....) Doll... ($..lO..Q.QO_OO".:r::'~
,__ .>>ir.ch.. F.r.apert ies .' :.L:rD., ..an.dj.ot...aaignee....... .... ......... ....... .... ......... ............. _. .................... ...... ....... ..._
po.,...'. '0 h. h.l. '" ..._ "'..Jarold..!l_...Raicbler....attD.Oe.}t..at..Law.......................................__.m......_.
...h;.",lo Ih. I....o.......r. .. .......olt.. __ of 11oo poI~h... poi.,. or 111. (0110.....1 doacri_ _"" Situate, lying and
being in Monroe County, Florida.
2) ~=~/~~:~I~n~ Count
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.
Lots B. 9 & 10 on Govt. Lot 1 - Sec. 4-62-39 more fully described in attached exibit A
.
.
A.(i ~I p~ ~.A.W. At .
......"110.. price: Three Hundred Thousand and no-'loo--~L.LDOLLARS ($ 300,000.00
......~i.~'-j""iJ#.it.".I.IJ..u.I..I....J..I,I./:l.-I.t..fip!..f./.-Y."--~!.,./ DoU... (' .J.iJ
T~' - ""'''''II_..r...., . $300.0d1..00'it ~ .",.a.W .
J) DOWN PAYMENT: Approximately $4:1r1~I."a' all cash at closing of vb
deposit is apa.:-tthereof.- .
.
..
..
o..obhi-n &hv...c Gt'l'..:--ol.
3) ~lur.L~ t:ooora,u, p.L-' _~m~enFa~e'Bi~ MlGIlth8
~___. 4w.~__._..o _I'......MI c ..,
..
4) The seller.to deliver the property free of any encumbrance, liens, mortgages,
servation or limitation, except those common to the area.-
..
~
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-. ~~", _,~ ' ...--4"~c. ~....11 ..: --:... w _I"'. .... ·
S) Clos1Dg il to be OD or before August I, 1981; tm. is of the ea.tlDc. aad thu,(
coutract shall become Dull aDd '9014 ancl there .hal1 b. a forfeiture of.U '-
eanaeat...,. .. liquidated ~.. to the Sellere. ~
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..
..
..
I. accttrdantt wllh ~ ........... .... at .. atate o' .,....", ..... pu~r he....... ...rd_. hII OWII .. chotee. .u .a.cc.. ....
INSURANCE AGItHCY..
.
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.:...WABBAHl'Y...DBED..",. ..................... ............... ....................... ... .. '.......
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(~____r)
MAIN ornCE; nil Cut 8th Avenue, Hlale.h BRANCH OmCE; 420 P.lm Sprtnv M11e, Hlal..h
,
...
"".r ..rH. let "1I,,.r let purdt..... wtdllrl ........9U....................___.._....._...,.. INN ... ... .....1 . c........ _..ract
." ....d I'NIM''''. h_.... 'e> ..... ..... ..,. tUI. to b.. IOCHI. .....IIbI. .~. bUNr.... .d.. .he ."ent ..~ _.rec' I. nol lle-
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e'o pun;h...r; bitt. 'ft the ._t titl. .....1 aot be Ioua. ._... .ark...atl. ..../.r Ulwrut.. ..II.. ...... to \I.. ..._able diU._e. to
... ,h. .aid cill. .-4. ......1. ..../01 i.__I. _CI .....1 ..._ .._..91>._._..................... cia... .0 t. do, ....t if alt.r ...eon.'.
....,U:. o. hi. p.... ... ,.......1 aot be ..... ..... ._.._,. _III. I._rllbl. witkin .......__..90.._......__................... dllY..
.... _., thie d.y pai. .. aU _1_ u....., ,...Ito... 'aid...... tId. _tract .....1 b. r....d to paRC....... _d dao purch...r
.. ..n.r ..U ba ........ f_ "I oWitllltl_. __... to ..-....... Or. upo. ..... 0' the pwcIaa_r, tha .alla, .....1 d.U".r
tha tiU. ill it. ..i..i.. co..UI_
It I. .u.ual., .....d tkat thi. t,..oecti_ ahaIl b. clo.... _4 tk. purcba... .....1 pa, .... "-I",c. of .... c.. Co clo.. -.
..0C\Il. ... p..r. ..c...., '0 be 4hlOCtIt" b, hi. for .... co.pletl_oItNa purcha.. widda _..~_.&paQ.U:i.ed..-...............cIa...
f_ the clali".., 0' dt. ..........~4 1IIt.,act.
Chec'b ,...... f. the ...... _ .hi. ~lICt wtll be depoaite4 .-ptl, for cI.....c. ... tbe hot..... of .... ......it will ftOt b.
....-.iltl. lor ._-.>>.,..t 01 dIeck. _I"... Dopa'" check. will be ........4 iIncI the ..... h.ld in a. .__ account waU. the
.... i. clo.... If the ..... .... ftOt oHeNt. .... _Inet. the ......... win Ito retUm." to tlM pwch...r upan wo<<llic..lon b, the benll
.. .. ....... of 11M '-Poait ... ell... _I".. "ev. d.....
... dUo coMrllCll i. ..ec:wo.. br .... purcIr..... .d tho _11_ .... tIw '.alal. not do_d.... to ., ...,..It or reih.,. on the
. .... of the puIdl._. .... ..n... .. hi. optloe. _, _It to .'orc. tW. _t,ect; .. wldcla __to lb. porch_... ...alI be .U....d to
par ..__,. ......,.. f.. ... court co.. to ..... ..11... CK' .... tho ...,....., direct t". 1101_ of tho ...,..it to p.y the bl'Ok.r
..............,.. _t .. ...... _......., of .... .....ait _Il to po, .... bel.ce of .he dapo.it to .... ..n., .. _.ider.d.... for ...c:t&.
..... ., tW. ~.u..t. ... .. .....,. .f .... '-Po.t .....t be MI4 ....1...1t' "I putl.. fo, ............. '" eccor._co ....th Ihi.
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... "".. die purcho_. .. ~. optieo. .OJ' tole. oct... to _forc. thl. _troct: io which .v_to U.. _"., all"" ... obl.._.el to .ar
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. ..: ......... ...." ::; ~ ul. COftINct .. oil ..lIpOCt.. ".. _"alp" ocItnowlodp. .... ...Io,..t ., .... ....lter ._ed h.....
~ ... ..... .. .., ... ..... ....JD--____..._ "..f.... ..._... pdc:o ., tile .... propert, .. . ......... fee for .....C the .0".
...... ,.-_. .... ----.. ... lor ..... .... .a.o". al.... pul'Clae_ ....11 ... pili. .. Ji.,.. td d.lIiat& 01 tlai. \n&llfoacu.n. ..cept
t,:'.:'... .............-vl........... 50% Commission to Pedro Realty, Inc. ana .)O~ to Raymona A. Warner Real
it, Eatl&l... r.n~ ~tor8.
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Birch Properties LTD.
Gerhard J. Gruen-
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LE.PURCHAS
NTRACf -'-
DEPOS!T RECEIPT AN
. f\~IY.c I:om
l-tario de las Cuevas, Tnlstee and or assigns
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Fi fteen TholJSlllIJ
, The
DoIIa... (ill ()OO. 00
'fwo Hundred Ninety Thollsand --------------------------
....__ price:
Tar_ and eoncIUlona of 101.:
ThiS sale shall be closed within 90 days after delivery of abstract. Buyer to pay
at closing $100,000.00 of which the above deposit is a part. Balance to be paid in
3 payments of principal plus interest 011 the unpaid balance at the rate of 12'1.. per .
annum, 8S follows:
~
Stllte Title Insurance Company
'r.. b. h.1d In .KTOW by
O. a d,po'll eon oc~ounl 01 Ih. pUlcho,. 1;'"<:' 0/ th. follo",lnq cte.c:rlt.,f property:
D..crlpUon of propeny:
SEl-: A'l"fACIlED SelUmULE A
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1st year after closing
2nd y~ar after closing
$ 95,0&0.00 plus accrued interest
$ '5,000.00 plus 8f.crued iuterest
.
'I'his mortgage may be prepaid without penalty at any time.
.
The purchase"\" is a registered Real Estate I.Iroker.
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Th.t.rok.rla'h1atrGUGClloD..~Jylllonu J\. ~!!!,".!.C:J: Llild.ll.G.r-t. Renlt and Inve tments rile
Tb ..lb., ~r... 10 ..n and tM bit,.. CIV'- to buy lb. 01.0". dewdbad ,rope", .... 1M ,.. ad .. 1M ..... ..",..1 1ortIiI. .
't.. I...".. cmd c'<)AJlliol.- NI fo~ Oil dle ...".,.. llrJa o' dtlll -!foc:!. lllll. Ie 0' .. __ of .... ....... ... .... ...... 0.1 dl&. ~,
"" Lk:tll;r ll~ln boll. vorUu. u.. ..lie, ond die bu.,.,. lbell Mira. pereoaal,.PHNIltCIIl.... .UIU.... .... -....
'.....~ ..n;IlII,;,\ by bIllh tbe I\lye. 01\4 liller, Ibll ~poIIt "'''(.hall bKoDI. a hoI ... .......... __ .......= ..
",.. r....... UCApl O. olherw... apeclllcaUy ..oclUt.ct 011 dl. 'ace tall.G!. )lEAD THIS COH11lAC'l fULL' 011 1'III1aONT AJID aE\' .
. ".-" t~f!~: :'.'": ': ~.
$'<ln.:I. .eoled .Or:d c!.Ii...rad In lia. pr...nce at: 'b.'
Wi!"....' IV ~"./' /""""?()g..' . ~ -~ ~/- ~
/..,./; .. /" (,I 01" ____ ~ I
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CONr-IlSSrON M:I{!.:Et>mNT
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PROPERTY:
LEGAL DgSCRIPTION: SEE ATTACIIED SCIIEOULg A
DATE: April 22. 1981
S~:LLER:
UUYER: "tario'de las Cuevas. Trustee and or assigns
SALES PRICE: $ 290,000.00
TERMS :
1st year after clusing
2nd year after closing
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For the abov.e sale. the Selle I~S l1l-;r.,e to pay,
RAYMOND A. WARNER REAL ESTATE, INC.
REALTOR
')"7. 0 r ClJmmls:; ion I':JYIIlCllts
$~95,OOO.00 plus accrued interest
$ 95.000.00 plus accrued interest
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MGM REALTY & INVESTNEN'rs, IHC,
Licensed Real Estate Brol(er'
50'7. of COl1unlssion l'aymellts
and
^ "tnrketing Fee ( Commission) of $ 29,000.00, This will be paid as follows:
,
.\'1' FU NO ING $ 2 ?~ 000. 00
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BETWEEN BOR ARO I.. DAVLDI an4 EVELYN J. DAVLIN. bi. wu..
~af"''''',;, ~. ~ ~~Orlda .,.,,* .,.r.. /we P!'!.-'
8ft e.aT. ~1fP .!rnt!. . ifJi$m: '~.'. ~'.:a .'if1f:'\~:f; lit
UC...Muw1 Qn~ e.. u .. _ . COIDmO~.-,,_ ..110- _~..L.._
of_C_ ....~.!iIoI... J1orla. .--'.._-"
P.O. Bo. 52-6U -Bl*<<l~ AllIlex. MluU. Florida 33152,
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tmtlllWfh. n.. "" MtIJ.JIWJ. i~ oll~ ",.,. ~ ,.. ..... ... ~ ., ".. .- .,
1i1iLV'~Alfo aaa rtO/lOO CII2.000.00).......__......--... lJ.I....
..them ... ,....., ..iIII ~ lIo.- NIl. -' I.. ., de -""..... "'-.-/pI......,.. r....&;,.......
"'-L ..... ..-J. a..-.r,...., ,.w It tI.. NliI.., 1.. ., tit. .....,.of. theil' ......
.... ....... 1--. "" .......... ~"" W .... .... ...... ,.. .r.. C.....,., MOlII'Oe .
.s....., 110rlda ........ Thet partktft of Govfl'/IIIIut Lot 1. SecUt/Q 4. Tow_
1S2 South. RM,.39 E.... Ke1LIir..M~e C01IM7. "odd&. more par11clllvl1d
fIoribe4. .a.fDllowa: BBGlN at. pviut on '"But lloe oftllf4 c:ertaSa riIht..or""7 ie
lIen,UOIi r_rdecf ill Dclecl Book G-I. ~ ~ 4". of Ule Public It_rd.. of Mo
C0\1nl7. "01'14" 500 leet Sovtl1 01 the North bovndU'fllne of ..lei Lot i; UtellCe Eaa
.~ parallel to the North bqundU'111n. of aaiel Lot 1 to the Atlantic: Oe_.; u.-e
llpin at , poUlt on the Boat line oC the afIove-dtlacribed ioiatLt-clf-way NservaUon. II
feet South of the North.boundary Une of .aid Lot I; thence SOuth alolll the Eut Une
of .aid 50 feet rilht-or~w.,.I'...l'vatiOlll00 fee\; the_ EUl and parallel to u..
bowutlll')' line of ea1d Lot 1. to the Atltlltk Oc_i thence lD4lMderiRI to the Uol'e
line IIOrth...ner17 to the polm nl intenec:tlon ..1th the line fir,t hereillbeCore d.,u
INCLUDING "'7 ..wersionar,..interest 10 end to the libel.. deacribed 10 Coot .taip of
land reeened fot r\t:h\-of-..a)" for lIIlI'e., aDd .e.. for the \18, of an)" of th. .
_0_ or 1&ncIln Aid Lot 1. SUBJEC'l'. "EVERTHELESS. .., the ri&bte ot ".7 own ,
of 1~ in ,aid Lot 1 to I'ltht-oC...., for inp'e.. lInd .,rea. over the rlfbt-ol-w&)"
_em herelJlabove d'8eI'ibed.
SUBJECT to T_. Cor Jear ll"l,__l!!'I' .ubeeqo.at :yearsL !.~ :'i"
AND SUBlBCT to restriction.. wnuation. aDd ...em.... ot recOilcl, :::J ..,
and applicable aonlnC ordinance.. :' i" j::
A..J. .... NI1I .., lea ., IIw /hi ,.of ... """" I., __ ....11IIo to ~ w.:.i.... i-I iL.
; _ ..... ,I. '-/wI do.... old _~. :.~: .:; :;
. :':Z:1]. Ja 1Ditatu 1IIIJmof. no....,.,; 1.. ., II..IW,.,. -'I' -.e ;.,~~~'
~.,. ~ '-' · ...I..... 1Iw",.,.... - ,.., "'- -.... i; !.: N '"
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~_ ~I ~ STAn Of JLO&lIM,
- _ COlll'l'l'l' Of 1..e
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. . '.:;.; -.! ......., __ .. 1M _ ....... _.. ... ~ ........ .. _ ~.... ...-., __
; '--' . --UOWARD J. OAVLtN ull EVELYN J. DAVLIN. bla wile. --.:..
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November. A. O. I' 11. . , J. ~ .:~,;~~,~:!.~!,..:.
!~;'.o..TE 11" j':i-C; :r:;:=rA"1 ~. ......11.. .',
:-: L'I".~_",,"..rA.il. ., .,'''f_~'''1 RCi---"'P\ict1 .' -"....f.. . ..;...
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... i;,"~ - ClCn1' " ... -.,- - . I 2.1'll:f\A ..1....lIOI'n.I~~ II.l of'!'"Cbl...~i.o=cI-.J :'.~. .i
.. "'~_..__. . .; """" ~ 'JI:r'.r:'ell _ ~fttl_"n. I ~...
.4IJ ,,..~.,,, ,.." .. ;.c"f':~-J" ('~;t.!4lt l';OIt......~~~ rao"~.:. ..'!.:~.
I HO"~Q." .aMBRELL ^"orne1 ~...,.4 c.,.,...... ro" :. .. .
~525 S.W: TbiI'd AYenu~- SlIlt. 2~l: i ~i. ~,~.::s
Mi&lllt. Flol'illa :ISIU .( ~~~. ~~.~~.'.~!IPT
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u 213.169 IIAMCO FORM · (I
~ this Quit-Claim Denl. E.....lIIoJ 11m 30th ~1.1 September . ,U):'lo8: . ""
~. STEPHEN lCRAVITZ and llEATllER KRAVITZ, hll wU.. aM HELEHE StlPIoEa ;::
e~ ALLEM SUPLER, her bulband, . ; '>': :"'"1
~. . ,-.,... RUSSELL R. SUtTON ead r.P;N&VA L. SUTTON, bh .,UEI.. ~ .~
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,I ~_Io/II<..JJ.r.." 10949 N. W. 22rn:! <:Our1:. K1elll1. Florida -~;'.; r-
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i'li! ""J_ --th, ..-.,
W'Ulrssr n.. 11.. ....l II... """" /.. .nJ 'n .....J...u... ., .Ior _ .1 J 1.00 ClVC .
in """" "."" L, ,,.. Mi" -" ....". ,lor .....p/ ."'...., .. """", ...~. "- Iwt.""....... ...
io_ .nd .....'-.w. _ "'. ..1<1 .......1 ~ ,__, .u do. .,. ull.. .......... .1.1.. .nd ....... ..;...,.
.". Ill'" IIn. _II' '- III ..... ,lor ~ .......~... .... ...... .. -'" .f ","". ,II...,., I~ ..... &or...
I in.'" C......, 01 Monroe S..,.., floTilla, .....11,
'1: Thllt portion oE (;(\yer:I'''<:lnt Lot I, Section 4, 'rowilshlll ~2 Soll.th.
'. aange 39 ~51:. Key Lorgo, ~nro. County. Florid:" core particu-
ii l:;rly described /IS Eol:i.ow: S;;CIll lit /I point on the ::ast u.n. --___
ill of that certain riGht-of-way rl!S8rvction recorded in :Jecd Book ; C)
, C-5, 8t Pl'ge 476~ of the publtc Recordl of Monroe County, Florida,O ~
1600 feet South 01 the Nol'th boundlll'Y of sdd I.oe 1; thence .Ealt - d I
end parallel to the ~rth boundary line of .aid toe 1 to the ([~ C) ,
I Atlantic: Oc:o:ln; begln .1I'A~in :'t a point on t:Je &:1st Une of the 0:: '" ~
~ abovI described riGht-oi-wey relerv3tion 600 feet South of the .rn~:
North boundary Un. of : .101 Lot 1; theRee South dong the Elllt u.;.~:1.i]:Ji.)
I Hne of .aid 50 foot rL;."t-of-lo..wy reservation 100 feet; the"". lit ~~7k
,; ~It IInd pllrallel to tht' lIurrh boun~ry Une of laid Lot I to i~~7ll
~ th. At1.eatic: Ocea/\; tiumc:o Clcl'nderIIIF the 51-.01'. U.ne Northeutu- :;iie
~ 11 to the point of intenection with the Une herelnbefore del- ....~ i
redbed, DICWDINC lIny revonlonnry interest in lIad to the Ail"
" ebove delcrlbed 50 foot Itrip of lend reserved for right-oE-wey ~~jo 1lI~:
,; for inarCS8 IInd O&1'ess for tho use of wRY of the owner. of ,..~5 "11
!: lend in .IIId ..at I, SUBJECT, lIEVERTKELESS, to ehe rlghta of :ua;;UllllU
:' any o.,-ners of land in s:lid Lot 1 to Itht-of-""'r for Ingr...
(i end eguu over the dghc-of-WlIY eaee.ent her. N1bove delcribed. t. .'.:.u' ~
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"'_ino or iH ...,...... __"",. ..... 011 "'" ....". oj"". li'lo. r.._. ,,.... ..,0<<, ...., d.in. _._
......... ., 11.. ..iJ ilnl p"'~. 01.. In 10... or..,~ .. r40 ..." _ ..... ......,.. ....l ......, 01,... .oM
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., In Ulilatu Ulhcmf. n. ..,.I ,,.., -'7 Iou ."'n.J ...., ,..w Ilo... __ ,It. ., ..... ,...,
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"1'1111 . . . _IrJ ....1"""''''-1 in ......- ./: ,,/-,-, 11 ~ *=
~.:c~. h _ &J,di.AJJ... $1_ (1..5. >
n::",c In. ~. n I, ."1.,1CtO /./ I . IrMII
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o~ $T^T~ or tl.Ok.a . , . r'; ..:,. l .. :
. '/?j" ~~~ CUL'NI'Y Of Da e."';.. ..:.., :"''If I" hY c:u.urv 1Ioo...lkit Ia., __ _,../
. IX[[]- If'.... ~.Ir ......i.... .. ... ..... "'...... 1414 ill.... 0...., _.... .. .... ..~~... _II> __
~9 f STEl'RF.ll KRAVITZ llad HEATllER KRAVITZ, h.i.1 vlfe.Gnd IIELEt,'E SurLER ,
"'.- :Ind ALLEN SUI'LER her hlllbDnd I
.. .. .- .. iii ilW;;;.:;.'. ...~... .... .... ......... ... '-101.. --.... they .............
.~l~ I! .1"'- ... 11oo. they -~ ...~. . .' ... .
~D '. WlTlO&$S "" .... 1414 oIr..1oI ...1 .. .... __'~~..,~~.,.;, 30th la, ..
September. A. a ,,71. . . "'-A~~" L...H.. !
t r t I . Oily CODRlsaloD expirell No): -$5.-mff'"t&ff.d'YTnlY'td1l"'lJt- ,
. "'''''1'' R.K1f)' ,..~~ 1:+'14" tit ,..,. It r",.. c ~ : ." ~.~ J _ La~&. .
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;\,.v.n. 2:'25 S. W. Third '\vcnole"(Sdte 206)
Hi,mi. Floridll 33129 .
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'.. B~FICIAL-USE.. .
. ~ONR()E. COUNTYsPEQAL MASTER.
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In Re: Geneva Sutton
Beneficial Use Application
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PROPOSED
BENEFICIAL USE DETERMINATION
.
The application for a beneficial use determination was considered at a duly noticed hearing
on July 25,2005, before John J. Wolfe, designated Beneficial Use Special Master for Monroe
County. Andrew Tobin represented the Applicant, Geneva Sutton. Tyson Smith represented Monroe
County. Geneva Sutton, Sandra Walters of Sandra Walters Consultants, Ine. and Paul Sutton, the son
of Geneva Sutton testified for the Applicant. Having reviewed and heard all evidence presented,
testimony of witnesses and arguments of counsel, the undersigned Hearing Officer makes the
nndingq offact and conclusions oflaw and proposes the determination as set forth below.
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ISSUE
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Whether the Applicant has been denied all reasonable economic use of her property by
application of Policies 203.1.1 and 204.2.1 of the Year 2010 Comprehensive Plan (the "Plan"), and
Sections 9.5-347 and 9.5-348 of the Monroe County Code (the "Code"), and whether the Applicant
is entitled to reliefunder Policy 101.18.5 of the Plan and Section 9.5-173 of the Code. Section 9.5-
347 requires a 100% open space ratio for wetlands. Section 9.5-348 requires a 50 foot setback from
wetlands, wbich may, in some circumstances, be reduced to 2S feet,
.
FINDINGS OF FACf
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1. The subject property is a portion of Govcmment Lot I, Section 4, Township 62 East,
Key Largo, Monroe County, Florida, wbich has not been subdivided. The property has, however,
been described and treated for years as consisting of two parcels, which have been ca11cd "Lot 8" and
"Lot 9", and which have been issued separate parcel i.d. numbers by the Monroe County Property.
Appraiser. The exact size of the property was not introduced or established at the Hearing, but
according to the testimony and various documents entered into the record, it appears to be 4-5 acres
including fhe upland and wetland areas. Forpurposes of this Proposed Determination, and for ease of
reference, the property will be described as the "Lots" with references to the individual paroels, "Lot
8" and "Lot 9" as appropriate. The Lots are in the Sparsely Settled (SS) land use district. The Lots
are vacant.
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2. The Applicant (originally with her husband) purchased Lot 8 and 0J;le-halfofLot9 in
1971 for approximately $27,000 and the other half of Lot 9 in 1984 for approximately $60,000-
$64,000. The Applicant purchased the propertywifh the expectation of developing the property with
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either ~ small condominium developm~t or ,one or'more single-.fami1y residences. ..
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3; '. WhiIe"not conchisively established by evidcaioopiesemed at tlie He&1'ini the parties
agreed that The Lots were zoned au when purchased. Prior to adoption of the 1986 Comprehensive
.' Plan. a moratorium on "major development" was put into effect around 1983-1984. which prohibited
development on the Lots. This effected the Applicant's ability to develop the Lots after she had
acquired title to the remaining one-half of Lot 9 in 1984. The Lots were subsequently zoned Native
Area (NA), but the Applicant was able to have them NlDIled Sparsely Settled (SS) in 1988, whieb, 88
stated above, they remain today. The Applicant had applied for Submban Residential (SR) zoning,
but that was denied.
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4. There was testimony that the Applicant's husband had some type of approval to build
up to 10.3 condominium units in the mid 1970. but that was not acted upon, apparently due to lack of
funds to develop the property. After acquiring the other half of Lot 9, in 1984 and after the
moratorium on major development had ended, the Applicant attempted a number of times :from 1989
trough 1991 to determine what she could build on the Lots. The Applicant introduced various items
of correspondence with the County. Two of the items are particularly relevant The first is an April
25, 19891etter:from Robert Smith, Senior Biologist and Lorenzo Aghemo. Planner, which concludes
that with the SS zoning, the Lots are unbuild$ble (it goes on to say ifth.e Lots were rezoned SR,
sufficient development rights could be transferred in to build). In 1996, the Applicant applied for a
building permit to construct a single familyresidence on Lot 8. The application was denied, and the
Applicant appealed to the Monroe County Planning Commission. An April 3, 1997 staffreport to the
Planning Commission prepared by Antonio Oerli and Ralph Gouldy, recommended denial of the
appeal. The report referenced and agreed with the 1989 letter from Smith and Aghemo, and
concluded that the Lots were unbuildable. As will be discussed below. the report concluded that the
buildable area of Lot 8 is only 300 square feet. The report further concludes that even if Lots 8 md 9
are combined, the Lots still are not buildable. Applicant concedes that she has made no further
attempts to obtain building approval or relief since 1 m.
5. Several constraints exist that make the Lots unbuild8ble. The salt marsh and
buttonwood area on the Lots total 10,783 square feet and the bammock area totals 11.841 square
feet. The remaiqder of the Lots consists of mangrove. As stated above, the open space requirement
for the wetland area is 100%. When all applicable setbacks, including the setback from wetlands
required by Section 9.5-348 are 4PPlied, the buildable area is approximately 300 square feet
.
.
.
.
.
.
.
.
6. The Applicant. in m attempt to resolve this matter as consistent as poSSl"ble with both
her goal to construct a single family resideoceon the Lots and the applicable provisions of the Plan
and Coderequirements, and to avoid a takings claim, proposed in her Application for the Beneficial
Use Hearing and at the Hearin& the coDStluction of ODe single-family residence on the combined
Lots. The proposed house would have a footprint of2,000 square feet, which. is the maximum square
footage allowed to qualify fur the reduced 25 foot setback from wetlands pl.U'8lUU1t to Section 9.5-
348( d)(7). This would require a 12.5 foot variance ftom the 25 foot front yatd setback requirement
Side yard setbacks would be met. The house would be located on the least enviJOlJlD8ftta11yseositivc
portion of the Lots on the upland area of disturbed hammock. The remainder of the Lots would be
iIII
I.
..
..
..
.
.
.
pl8ced under a CODServ8;tion ~ent lheproposed location of the ho~w8s-shawn pnA~t
. 6 to the ..wP1ica,tion. DevelopDir;m.t ri&Jrts:ftOm both ~ts woUld be applieid.. It was not c1etir Whether
'. additional dev.e1opin~t rights would need.tO be tr8nsferred in, but the p8rties beHcWed. that no
transfers of development rights are allowed in the SS zoning district (this was not confinned).
.
7. Monroe County appeared at the Hearing only through its counsel. No testimony was
given and no evidence was presented by the County. The County took the position that the
Applicant's right to relieftbrough the beneficial use determination process had expired on statute of
limitations grounds. The County moved to dismiss the proceeding based on this argument Through a
post-hearing briefrequested by the special master, counsel for the County cited a nmnber of cases to
support its position. The County also took the position that, because the Lots were buildable at some
point during the ownership of the property beneficial use was not applicable. The County further
believed that, in any event, the Applicant had not proven that she had been deprived of all economic
value. The County further contended that the Applicant had the burden of showing whether the
offending regulations advanced a legitimate governmental interest In addition, the County took the
position that the relief requested by the Applicant, a request for a building permit for a siDgle family
residence, was not available to ~ because just compensation is the preferred method. Thus, the
County did not n:spond to the merits of the Applicant's proposed relief other than to say it was not
available.
.
.
..
..
..
CONCLUSIONS OF LA W
..
8. Policy 101.18.5 of the Plan provides that neither the provisions oftbe Plan, nor the
Land Development Regulations (the "Regulationa") shall deprive a property owner of all reasonable
economicuseofaparcel ofreal property which is a lot or parcel of record as of the date of the Plan.
This policy further provides that a property owner may apply for relieffrom the literal application of
applicable Regu1ationa or of the Plan when such application would have tho effect of denying all
economically reasonable use of that property unless such deprivation is shown to be necessary to
prevent a nuisance or to protect the health, safety and welfare of its citizCDS under Florida Law. All
reasonable economic use is defined as "the minimum use of the property neCessary to avoid a taking
within a reasonable period of time as established by CU1't'C11t land use case law..
.
III
ill
9. Section 9.5-173' of the Code implements the procedure contemplated by Policy
101.18.5 and provides that in order to establish an entitlement to Beneficial Use relief an Applicant
must demonstrate that "the Comprehensive Plan and land development regulations" deprive the
Applicant of all reasonable economic use of the Lot.
..
III
10. As is made clear by Policy 101.18.51 the standards applied to determine whether a
regulatory taking has occurred. are constitutionally based as set forth in cun:ent land use case law.
This subject has been addressed by the U.S. Supreme Court in a nlUllber of cases, but there are two
notable cases applicable to the filets presented here. Both cases involved landowners who claimed
that they bad been deprived by government regulation of all economically beneficial use of their
property.
ill
III
..
II.
I'
. . .
. . ~. . .
. . ID:Lucas v:South. c8ro1*9aeo"ortal' Co~Cn~ Sos u.s. lOQ3~ Il2 S.Ct. 2886, 120'L.&I. 798'
(i 992), the :ProPertY owner had purchased tWo ocean front lo.ts to build single family homes. 'Two
years later all development on the lots was prohibited by South Carolina's Beachftont Management
Act. The Court confinned the standard that when government regulations deny all economically
beneficial or productive use ofland, the property owner is entitled to compensation as a taking. In the
~ case, clearly all use was prohibited.
.
In Palazzolo v. Rhode Island. 533 U.S. 606, 121 S.Ct. 2448, 150 L.Ed. 2d 592 (2001), the
property owner had purchased approximately 20 acres of land for development. Many years later,
but prior to development, regulations promulgated by the Rhode Island Coastal Resources
Management Council designated salt marshes of the type on the Palazzolo property as protected
coastal wetlands and significantly limited development. When his development project was turned
down, the property owner sued alleging a taking under the ~ standard. In that case, a portion of
the land was still developable, which was ascertained to have $200,000 of development value. While
this was significantly less than the development value of the parcel as a whole, the Supreme Court
upheld the Rhode Island Supreme Court's holding that all economically beneficial use was not
deprived. kt at 630.
.
.
11. While it may well have been prudent for the Applicant to pmsue relief on a more
timely basis, I conclude that the Applicant is not precluded from seeking relief through the County's
beneficial use detennination process as a result of the four year statute of limitations cited by the
Colmty. Neither the Code nor the Plan establishes a deadline to apply for such relief. Whether the
Applicant is barred from pursuing a takings claim in court by the statute would be for a court to
decide at that time. I also do not find merit in the argument that because the Lots were buildable at
some time during the ownership by Applicant, that relief would not be appropriate. It was only when
the Lots became unbuildable that a potential claim ripened. I also conclude that the type of relief
requested by the Applicant is not prohtbited by the Section 9.5-173. Just compensation is the
preferred option, but is not required. Indeed, Section 9.5-173(aX2) sets forth the other types of relief
which may be appropriate.
.
.
.
..
12. Applying the standard to the facts presented herein, it has to be concluded that the
inability to construct even one single family residence on the combined Lots under the Plan and
Regulations in effect at the time the Applicant filed the subject Beneficial Use Application would
deny the Applicant all reasonable economic use of the Lot. There is no disagreement that all
developme.nt on the Lots is prohtbited by tho operation of Sections 9.5-347 and 9.5-348, though the
County did not respond to the proposal of tho APPlicant as a potential way to build in confonnance
with the Plan and the Code. Just compensation being the preferJed option tmdertbe Code is what I
recommend. However, the dinUtlished value of the Lots should be detennined as of the time the
offend.ingregulations took effect, which was in 1986. 'There is no basis for a valuation detenni:ned as
of a date almost 20 years later when the Application was made. The County is not prohibited,
however, in any way by Section 9.5-173 from providing reliefofthe type proposed by the Applicant
I have recommended just compensation, be<:ause, there was no evidence or comment by the County
on the merits of such relief as an alternative.
..
~
~
~
;
i..
L
.'
PROPOSED.D~~ATION :.
Based upon the above Findings of Fact and Conclusions of Law, in the absence of any
concurrence by the County with the Applicant's proposal or any similar alternative, I recommend to
the Board of County Comm.issioners that a final beneficial use determination be entered awarding
just compensation to the Applicant to be determined as of 1986 when the Lots became unbuildable
by operation of the Plan and Code.
DONE AND ORDERED this 19th day of July, 2006.
.
.
.
.
.
.
..
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II
.
lIII
.
lit
..
"QUALIFICATIONS OF THE APPRAISER - TRENT MARR, MAl, SRPA
.
.
LICENSE
Licensed Real Estate Broker, State of Florida
State Certified General Appraiser #0000514
.
AFFILIATIONS
Member Appraisal Institute, MAl Designation #9353
Member Society of Real Estate Appraiser, SRP A Designation
Board of Directors, Appraisal Institute 1991 - 1994
Member of the Board of Realtors for Florida Keys, Marathon, Key West, Tallahassee
.
.
APPRAISAL EXPERIENCE
1991- Present Marr & Associates Appraisal Company, Inc., Key Largo, FL - President
1988-Present Marr Properties, Key Largo, FL - Vice President, Broker
1988- Matonis, DeAngelis, MacDermott, Inc.
1986-1987 - AmeriFirst Appraisal Company, Maitland, FL - Commercial Appraiser
1985-1986- Thomas H. Overstreet, Winter Park, FL - Residential Appraiser
.
.
.
GENERAL EDUCA nON
Bachelor of Science in Business & Administration, Major in Real Estate, Florida State
University, Tallahassee, Florida (1985)
.
PROFESSIONAL EDUCATION
All Courses and classes for both SRP A and MAl designations.
.
Credit for the attendance at the following Seminars and Continuing Education for the Appraisal
Institute (MAl Designation):
.
SFWMD - 2006
Core Law - 2004
USP AP - 2004
Timberland Valuation - 2004
SFWMD - 2003
SFWMD - 2002
Standards of Professional Appraisal Practice, Part C - 200 I
SFWMD - 200 I
Core Law - 2000
Sovereign Lands - 2000
Lease Abstraction and Analysis - 1999
Appraisal Office Management - 1998
Core Law - 1997
Litigation Skills - 1997
Appraising Rural Properties in SE FL - 1997
Internet & The Appraiser - 1996
Standards of Professional Practice I Part A - 1996
Professional Standards USP APlLaw - 1996
The Appraiser as Expert Witness - 1995
Standards of Professional Practice I Part B - 1995
Wetland, Mitigation & Severable Rights - 1995
Core Law for Appraisers - 1994
Understanding Limited Appraisals - 1994
Blue Print Reading for Appraisers - 1994
..
..
.
.
..
..
.
III
^ . QUALIFICATIONS OF APPRAISER - CONTINUED
.
I
Appraising Complex Residential Properties - 1993
Standards of Professional Practice I Part A - 1992
Appraisal Review - 1992
Rates, Ratios & Reasonableness - 1992
Appraising Troubled Properties - 1992
Legal Liabilities - 1992
Non-Residential Demonstration Report Writing - 1990
Valuation & Evaluation of Proposed Projects - 1988
Applied Sales Comparison Approach Seminar - 1987
Accrued Depreciation Seminar - 1987
Rates, Ratios & Reasonableness - 1987
R41C-1986
.
.
.
.
CLIENTS SERVED
Attorneys, Bank, Savings & Loans, Mortgage Companies, Florida Department of Transportion,
Department of Natural Resources, Department of Environmental Protection, Nature
Conservancy, Trust for Public Lands, Monroe County Land Authority, National Park Service,
Fish and Game Commission, RTC, FDIC, Federal Home Loan Bank Board, Federal Savings &
Loans, Insurance Companies, various national corporations, estates and individuals.
.
.
.
TYPES OF PROPERTIES
Single Family Homes, Condominiums, Two to Four Family Dwellings, Office Buildings,
Nursing Homes, Industrial Warehouses, Shopping Centers, Apartment Complexes, Subdivision
Developments, Marinas, Planned Unit Developments, Environmentally Sensitive Land, Hotels,
Office Condominiums, Undeveloped Land, Mobile Home Parks, RV Parks, Fishhouses,
Restaurants and Mixed Use Properties.
.
.
GENERAL EXPEIDENCE
Mr. Marr has been appraising real estate property since 1985. He has been qualified as an expert
witness in both Dade and Monroe County. His extensive appraisal experience includes wetlands
and environmental land for both the Department of Environmental Protection, Nature
Conservancy, The Conservation Fund, Freshwater Fish and Game, Big Cypress National Park
Service and Monroe County Land Authority. Within the past several years Mr. Marr has
appraised numerous land acquisitions for county and state purchases.
.
..
III
Mr. Marr received his SRP A designation in 1990 and his MAl designation in 1992. He served
on the board of directors of the Appraisal Institute 1991-1994.
.
The Appraisal Institute conducts a program of continuing education for designated members.
Designated members who meet the minium standards of this program are awarded periodic
educational certification. Mr. Marr is currently certified under this program.
.
.
.
..
STATUTORY INTEREST ON $37,000
FROM 9/13/1986 THROUGH 2005
YEAR RATE AMOUNT TOTAL
1986 12.16 x 108 days 1,313.28 1,313.28
1987 12% 4,440.00 5,753.28
1988 12% 4,440.00 10,193.28
1989 12% 4,440.00 14,633.28
1990 12% 4,440.00 19,073.28
1991 12% 4,440.00 23,513.28
1992 12% 4,440.00 27,953.28
1993 12% 4,440.00 32,393.28
1994 12% 4,440.00 36,833.28
1995 8% 2,960.00 39,793.28
1996 10% 3,700.00 43,493.28
1997 10% 3,700.00 47,193.28
1998 10% 3,700.00 50,893.28
1999 10% 3,700.00 54,593.28
2000 10% 3,700.00 58,293.28
2001 11% 4,070.00 62,363.28
2002 9% 3,330.00 65,693.28
2003 6% 2,220.00 67,913.28
2004 7% 2,590.00 70,503.28
2005 7% 2,590.00 73,093.28
2006 9% 3,330.00 76,423.28
TOTAL 76,423.28
INTEREST
TOTAL 37,000.00
PRINCIPAL
GRAND TOTAL 113,423.28
FIQrida Department of Financial Services
Page 1 of2
.TOM
GALLAGHER ~':~=...0FFICtll
. FLQRI_Q~__.
DEPARTMEtoIT OF
FINANel1
SERVICE5
GO
ACCOUNTING &
AUDITING
Florida Department of Financial
Services
~-:-Dan
&7G
STATUTORY INTEREST RATES
PURSUANT TO s. 55.03, FLORIDA
STATUTES
INTEREST RATE FOR THE YEAR 2006
Section 55.03(1), FloIida Statutes, requires the Chief Financial Officer,
on December 1 of each year beginning in 1994, to set the rate of
interest that shall be payable on judgments and decrees for the year
beginning the following January 1. Additionallv, Sections 215.422(3)(b),
337.141(3) and 687.01, Florida Statutes, were amended to require the
use of interest at the rate established in Section 55.03(1), Florida
Statutes. for the payment of interest applicable to the late payments to
vendors for goods and services purchased by the State. for late
payments on applicable construction or maintenance contracts
administered by the Department of Transportation, and for cases where
a rate of interest is not specified in a contract. The interest rate for
payments to health care providers pursuant to Section 215.422(13),
Florida Statutes, remains at 1% per month or .0003333 per day. Rule
3A-25, Florida Administrative Code. establishes the procedures for
computing the interest rate on an annual basis.
The year 2006 interest rate established pursuant to Section 55.03,
Florida Statutes, has been set at 9.0% per annum or .0002466 per
day.
PRIOR YEAR RATES
YEAR PER ANNUM DAILY RATE
2005 7% .0001918
2004 7% .0001918
2003 6% .0001644
2002 9% .0002466
http://www.fldfs.comlaadir/interest.htm
10/30/2006
Florida Department of Financial Services
2001
2000
1999
1998
1997
1996
1995
11%
10%
10%
10%
10%
10%
8%
Page 20f2
.0003014
.0002740
.0002740
.0002740
.0002740
.0002740
.0002192
10/01/81 thru 12131/94: 12% .0003333
Effective 1994, legislation passed granting authority to the Chief
Financial Officer, DFS to set the interest rate before December 1 of
each year and published annually in the Florida Administrative Weekly
at least once between the period December 1 and January 1. If
additional information is needed, please call the Vendor Ombudsman
section within the Bureau of Auditing at (850) 410-9724, or Suncom 210-
9724.
Tom Gallagher, Chief Financial Officer
The Capitol
Tallahassee, FL 32399-0301
Phone: (850)413-2850
Consumer Hotline: 1-800-342-2762
/)
O~~~2~~E
(305) 294-4641
(~.,----
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar District 1
Glenn Patton, District 5
George Neugent, District 2
Vacant, District 4
&.untlJ {lJUJUW/6 (!)tfia
fJ'.(!).f&4;1026
:Kaj W~t, fiJ!. 33041-1026
(305) 292-3470
September 20,2006
Andrew M. Tobin, P.A., Counsel for:
Geneva Sutton, Applicant
P. O. Box 620
Tavernier, FL 33070
RE: Notice of Public Hearing of Beneficial Use --Geneva Sutton
Public Hearing: November J 5. 2006. at 3:00 PM Kev Largo Library
Dear Mr. Tobin:
On September 20, 2006 the Board of County Commissioners approved the scheduling and advertising
of a Public Hearing concerning the above-referenced Beneficial Use Final Determination for November 15,
2006 at 3 :00 p.m. at the Key Largo Library, Key Largo, FL.
This written notification is being provided to you as counsel for the Applicant, Geneva Sutton, should you
and/or the Applicants desire to attend to answer any questions the Board may have regarding this matter.
SinCj!;" tfk
Ka~etersfor:
Suzanne A. Hutton
Monroe County Attorney
SAHkmp:
Enclosures
cc: Sandra Walters, Walters Consultants, Inc., Agent for Applicant Geneva Sutton
John J. Wolfe, P.A.
Tyson Smith, P.A.
Aref Joulani, Director, Monroe County Planning Department
NOTICE OF PUBLIC HEARING
FOR BENEFICIAL USE FINAL DETERMINATION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 15, 2006 at 3:00
P.M. at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Mile
Marker 101, Key Largo, Florida, pursuant to Sec. 9.5-174(a), Monroe County Code, the Board of County
Commissioners of Monroe County intends to consider the following Vested Rights! Beneficial Use Final
Determination:
Aoolicant Name
Prooertv Descriotion
Geneva Sutton
4-62-39 Island of Key Largo Pt Gov Lot I (1.83AC) OR
490-449 OR490-447Q OR 834-1243Q/C 0R916-
2447Q/C RE#O0090400-000300
4-62-39 Key Largo Pt Gov Lot 1 (2.15AC) G5-478 G64-
556 OR155-58/66 0R255-499/500 OR492-367 OR834-
1242Q/C 0R916-2447Q/C 0R921-1538Q/C 0R921-
1539 0R921-1540 RE#00090370-000000
Pursuant to Section 286.0105, 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 hearings or meetings, 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 20th day of September, 2006.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication datels):
Reporter
(Fr) 9/29/2006 and (Fr) 10/27/2006
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 9/20/06 - MAR
Bulk Item: Yes ~ No
Division County Attorney's Office
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval to advertise and hold a Public Hearing to be held November 15, 2006 at 3:00 p.m. in Key
Largo, Florida to consider the adoption of a Resolution approving the Proposed Beneficial Use
Determination of Special Master John 1. Wolfe In Re: Geneva Sutton Beneficial Use Application,
pursuant to Sec. 9.5-174(a), Monroe County Code.
ITEM BACKGROUND:
Geneva Sutton and her husband purchased two (2) lots located in Key Largo, FL in 1971 with the
expectation of developing either a small condominium development or one or more single-family
residences. The Lots are in the Sparsely Settled (SS) land use district and are vacant. On January 7,
2005, Monroe County receipted an Application for a Determination of Beneficial Use filed on behalf of
Geneva Sutton and payment of $750 (Check #683). Ms. Sutton alleges she "..has been denied all
reasonable economic use of her property by application of Policies 203.1.1 and 204.2.1 of the Year
2010 Comprehensive Plan (the ''Plan'') and Sections 9.5-347 and 9.5-348 of the Monroe County Code
(the "Code") and is entitled to relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the
Code. Section 9.5-347 requires a 100% open space ratio for wetlands and 9.5-348 requires a 50 foot
setbackfrom wetlands, which may, in some circumstances, be reduced to 25 feet. II On July 25,2005, an
evidentiary hearing was held before John J. Wolfe, designated Beneficial Use Special Master for
Monroe County. On July 19, 2006, the Special Master issued a Proposed Beneficial Use Determination
recommending ".. that a final beneficial use determination be entered awarding just compensation to
the Applicant to be determined as of 1986 when the Lots became unbuildable by operation of the Plan
and Code. II Sec. 9.5-174(a), Monroe County Code, requires the Board approve or reject the Special
Master's determination during a public hearing and that the public be given the opportunity to be heard
and mark arguments for or against the determination during the Board's public hearing.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No -1L
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management _
~ g;;'SA6
,4.- .. A HUTTON, coUNty A'iTORNEY
DOCUMENTATION:
Included X
Not Required
DISPosmON:
Revised 2/05
AGENDA ITEM #
LAW OFFICES OF
JOHN.). WOLFE, .P.A.
. . .
2955 OVERSEAS' HIGHWAY
MARATHON, FL 33050
TELEPHONE: (305)743-9858
FACSIMilE: (305)743-7489
July 20, 2006
Julie Thomson
Administrative Assistant
Monroe County Planning Commission
Planning Department
2798 Overseas Highway
Suite 410
Marathon, FL 33050
RE: Beneficial Use Determination - Geneva Sutton
Dear Julie:
Enclosed is the Proposed Beneficial Use Determination for Geneva Sutton.
JJW:jd
Cc: Andrew Tobin, Esq.
E. Tyson Smith, Esq.
RECE!
AUG 0 '120m,
j'ACli'lROE COUNTY .,i.TT'JH:L
11 ;:;CE i\';; '~,
BENEFICIAL USE
MONROE. COUNTY SPECIAL MASTER
AUG. 0 7 2006
In Re: Geneva Sutton
Beneficial Use Application
';'".'::.;C'E (;t;:IJirJ'"'{ )\~r.r ;)~:-: 1'~
1
PROPOSED
BENEFICIAL USE DETERMINATION
The application for a beneficial use determination was considered at a duly noticed hearing
on July 25, 2005, before John J. Wolfe, designated Beneficial Use Special Master for Monroe
County. Andrew Tobin represented the Applicant, Geneva Sutton. Tyson Smith represented Monroe
County. Geneva Sutton, Sandra Walters of Sandra Walters Consultants, Inc. and Paul Sutton, the son
of Geneva Sutton testified for the Applicant. Having reviewed and heard all evidence presented,
testimony of witnesses and arguments of counsel, the undersigned Hearing Officer makes the
findings of fact and conclusions of law and proposes the determination as set forth below.
ISSUE
Whether the Applicant has been denied all reasonable economic use of her property by
application of Policies 203.1.1 and 204.2.1 ofthe Year 2010 Comprehensive Plan (the "Plan"), and
Sections 9.5-347 and 9.5-348 of the Monroe County Code (the "Code"), and whether the Applicant
is entitled to relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the Code. Section 9.5-
347 requires a 100% open space ratio for wetlands. Section 9.5-348 requires a 50 foot setback from
wetlands, which may, in some circumstances, be reduced to 25 feet,
FINDINGS OF FACT
1. The subject property is a portion of Government Lot 1, Section 4, Township 62 East,
Key Largo, Monroe County, Florida, which has not been subdivided. The property has, however,
been described and treated for years as consisting of two parcels, which have been called "Lot 8" and
"Lot 9", and which have been issued separate parcel i.d. numbers by the Monroe County Property
Appraiser. The exact size of the property was not introduced or established at the Hearing, but
according to the testimony and various documents entered into the record, it appears to be 4-5 acres
including the upland and wetland areas. For purposes of this Proposed Determination, and for ease of
reference, the property will be described as the "Lots" with references to the individual parcels, "Lot
8" and "Lot 9" as appropriate. The Lots are in the Sparsely Settled (SS) land use district. The Lots
are vacant.
2. The Applicant (originally with her husband) purchased Lot 8 and one-half of Lot 9 in
1971 for approximately $27,000 and the other half of Lot 9 in 1984 for approximately $60,000-
$64,000. The Applicant purchased the property with the expectation of developing the property with
either ~ small condominium development or one or more single-family residences.
3. While not conclusively established by evidence presented at the Hearing, the parties
agreed that The Lots were zoned GU when purchased. Prior to adoption of the 1986 Comprehensive
Plan, a moratorium on "major development" was put into effect around 1983-1984, which prohibited
development on the Lots. This effected the Applicant's ability to develop the Lots after she had
acquired title to the remaining one-half of Lot 9 in 1984. The Lots were subsequently zoned Native
. Area (NA), but the Applicant was able to have them rezoned Sparsely Settled (SS) in 1988, which, as
stated above, they remain today. The Applicant had applied for Suburban Residential (SR) zoning,
but that was denied. .
4. There was testimony that the Applicant's husband had some type of approval to build
up to 10.3 condominium units in the mid 1970, but that was not acted upon, apparently due to lack of
funds to develop the property. After acquiring the other half of Lot 9, in 1984 and after the
moratorium on major development had ended, the Applicant attempted a number oftimes from 1989
trough 1997 to determine what she could build on the Lots. The Applicant introduced various items
of correspondence with the County. Two ofthe items are particularly relevant. The first is an April
25, 1989 letter from Robert Smith, Senior Biologist and Lorenzo Aghemo, Planner, which concludes
that with the SS zoning, the Lots are unbuildable (it goes on to say if the Lots were rezoned SR,
sufficient development rights could be transferred in to build). In 1996, the Applicant applied for a
building permit to construct a single family residence on Lot 8. The application was denied, and the
Applicant appealed to the Monroe County Planning Commission. An April 3, 1997 staff report to the
Planning Commission prepared by Antonio Gerli and Ralph Gouldy, recommended denial of the
appeal. The report referenced and agreed with the 1989 letter from Smith and Aghemo, and
concluded that the Lots were unbuildable. As will be discussed below, the report concluded that the
buildable area of Lot 8 is only 300 square feet. The report further concludes that even if Lots 8 and 9
are combined, the Lots still are not buildable. Applicant concedes that she has made no further
attempts to obtain building approval or relief since 1997.
5. Several constraints exist that make the Lots unbuildable. The salt marsh and
buttonwood area on the Lots total 10,783 square feet and the hammock area totals 11,841 square
feet. The remainder of the Lots consists of mangrove. As stated above, the open space requirement
for the wetland area is 100%. When all applicable setbacks, including the setback from wetlands
required by Section 9.5-348 are ~pplied, the buildable area is approximately 300 square feet
6. The Applicant, in an attempt to resolve this matter as consistent as possible with both
her goal to construct a single family residence on the Lots and the applicable provisions of the Plan
and Code requirements, and to avoid a takings claim, proposed in her Application for the Beneficial
Use Hearing and at the Hearing, the construction of one single-family residence on the combined
Lots. The proposed house would have a footprint of2,000 square feet, which is the maximum square
footage allowed to qualify for the reduced 25 foot setback from wetlands pursuant to Section 9.5-
348( d)(7). This would require a 12.5 foot variance from the 25 foot front yard setback requirement.
Side yard setbacks would be met. The house would be located on the least environmentally sensitive
portion of the Lots on the upland area of disturbed hammock. The remainder of the Lots would be
placed under a conservation easement. The proposed location ofthe house was shown on Attaclunent
6 to the Application. Development rights. from both Lots would be applied.. It was not ~lear whether
additional development rights would need to be transferred in, but the parties believed that no
transfers of development rights are allowed in the SS zoning district (this was not confirmed).
7. Monroe County appeared at the Hearing only through its counsel. No testimony was
given and no evidence was presented by the County. The County took the position that the
Applicant's right to relief through the beneficial use determination process had expired on statute of
limitations grounds. The County moved to dismiss the proceeding based on this argument. Through a
post -hearing brief requested by the special master, counsel for the County cited a number of cases to
support its position. The County also took the position that, because the Lots were buildable at some
point during the ownership of the property beneficial use was not applicable. The County further
believed that, in any event, the Applicant had not proven that she had been deprived of all economic
value. The County further contended that the Applicant had the burden of showing whether the
offending regulations advanced a legitimate governmental interest. In addition, the County took the
position that the relief requested by the Applicant, a request for a building permit for a single family
residence, was not available to them, because just compensation is the preferred method. Thus, the
County did not respond to the merits of the Applicant's proposed relief other than to say it was not
available.
CONCLUSIONS OF LAW
8. Policy 101.18.5 ofthe Plan provides that neither the provisions of the Plan, nor the
Land Development Regulations (the "Regulations") shall deprive a property owner of all reasonable
economic use of a parcel of real property which is a lot or parcel of record as ofthe date of the Plan.
This policy further provides that a property owner may apply for relief from the literal application of
applicable Regulations or of the Plan when such application would have the effect of denying all
economically reasonable use of that property unless such deprivation is shown to be necessary to
prevent a nuisance or to protect the health, safety and welfare of its citizens under Florida Law. All
reasonable economic use is defined as "the minimum use ofthe property necessary to avoid a taking
within a reasonable period oftime as established by current land use case law".
9. Section 9.5-173 of the Code implements the procedure contemplated by Policy
101.18.5 and provides that in order to establish an entitlement to Beneficial Use relief an Applicant
must demonstrate that "the Comprehensive Plan and land development regulations" deprive the
Applicant of all reasonable economic use of the Lot.
10. As is made clear by Policy 101.18.5, the standards applied to determine whether a
regulatory taking has occurred are constitutionally based as set forth in current land use case law.
This subject has been addressed by the U.S. Supreme Court in a number of cases, but there are two
notable cases applicable to the facts presented here. Both cases involved landowners who claimed
that they had been deprived by government regulation of all economically beneficial use of their
property.
. In Lucas v. South Carolina Coastal Council, 505 U.S, 1003., 112 S.Ct. 2886,120 L.Ed. 798
(1992), the property owner had purchased two ocean front lots to build single family homes. Two
years later all development on the lots was prohibited by South Carolina's Beachfront Management
Act. The Court confirmed the standard that when government regulations deny all economically
beneficial or productive use ofland, the property owner is entitled to compensation as a taking. In the
Lucas case, clearly all use was prohibited.
In Palazzolo v. Rhode Island, 533 U.S. 606, 121 S.Ct. 2448, 150 L.Ed. 2d 592 (2001), the
property owner had purchased approximately 20 acres of land for development. Many years later,
but prior to development, regulations promulgated by the Rhode Island Coastal Resources
Management Council designated salt marshes of the type on the Palazzolo property as protected
coastal wetlands and significantly limited development. When his development project was turned
down, the property owner sued alleging a taking under the Lucas standard. In that case, a portion of
the land was still developable, which was ascertained to have $200,000 of development value. While
this was significantly less than the development value of the parcel as a whole, the Supreme Court
upheld the Rhode Island Supreme Court's holding that all economically beneficial use was not
deprived. Id at 630.
11. While it may well have been prudent for the Applicant to pursue relief on a more
timely basis, I conclude that the Applicant is not precluded from seeking relief through the County's
beneficial use determination process as a result of the four year statute of limitations cited by the
County. Neither the Code nor the Plan establishes a deadline to apply for such relief. Whether the
Applicant is barred from pursuing a takings claim in court by the statute would be for a court to
decide at that time. I also do not find merit in the argument that because the Lots were buildable at
some time during the ownership by Applicant, that relief would not be appropriate. It was only when
the Lots became unbuildable that a potential claim ripened. I also conclude that the type of relief
requested by the Applicant is not prohibited by the Section 9.5-173. Just compensation is the
preferred option, but is not required. Indeed, Section 9 .5-173( a)(2) sets forth the other types of relief
which may be appropriate.
12. Applying the standard to the facts presented herein, it has to be concluded that the
inability to construct even one single family residence on the combined Lots under the Plan and
Regulations in effect at the time the Applicant filed the subject Beneficial Use Application would
deny the Applicant all reasonable economic use of the Lot. There is no disagreement that all
development on the Lots is prohibited by the operation of Sections 9.5-347 and 9.5-348, though the
County did not respond to the proposal of the Applicant as a potential way to build in conformance
with the Plan and the Code. Just compensation being the preferred option under the Code is what I
recommend. However, the diminished value of the Lots should be determined as of the time the
offending regulations took effect, which was in 1986. There is no basis for a valuation determined as
of a date almost 20 years later when the Application was made. The County is not prohibited,
however, in any way by Section 9.5-173 from providing relief of the type proposed by the Applicant.
I have recommended just compensation, because, there was no evidence or comment by the County
on the merits of such relief as an alternative.
.... , ..
PROPOSED DETERMINATION
Based upon the above Findings of Fact and Conclusions of Law, in the absence of any
concurrence by the County with the Applicant's proposal or any similar alternative, I recommend to
the Board of County Commissioners that a final beneficial use determination be entered awarding
just compensation to the Applicant to be determined as of 1986 when the Lots became unbuildable
by operation of the Plan and Code.
DONE AND ORDERED this 19th day of July, 2006.
O~~~~~E
(305) 294-4641
(~""----
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie Spehar, District 1
George Neugent, District 2
Glenn Patton, District 5
Mario DiGennaro, District 4
C91/ke4tAe ~~
502 W6iUIk.ad StvS, !Jlea".
!JfI6t ~1f.ke!ll#uL 1026
:IUtJ Wut, 91!. 33041-1026
(305) 292-3470
August 24, 2005
Andrew M. Tobin, P.A., Counsel for:
Geneva Sutton, Applicant
P. O. Box 620
Tavernier, FL 33070
Re: Request/or Public Hearing Re: Special Master's
Proposed Beneficial Use Determination - - Geneva Sutton
Dear Mr. Tobin:
Pursuant to Sec. 9.5-174(a), Monroe County Code, please be advised that we will be placing an item
on the September 20,2006 agenda requesting approval from the Board of County Commissioners to advertise
and hold a public hearing in Key Largo, FL on November 15, 2006 to consider the Special Master's Proposed
Beneficial Use Determination issued July 19, 2006 regarding Geneva Sutton, (copy enclosed). We have
scanned copies of the documents provided to this office on this matter and they are available, at your request,
should you desire to receive them electronically for your review.
We will advise you of the status of our request for approval to advertise and hold the public hearing
following the BOCC meeting on September 20, 2006. Should you have any questions, please feel free to
contact Assistant County Attorney Jerry D. Sanders or myself by phoning (305) 292-3470.
ve:JbJ!outk-
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ParalegaV Administrative
KMP:
Enclosures
cc: Ms. Geneva Sutton
Julie Thomson, Monroe County Planning Department
e
'-
Growth Mana~ement Division
2798 Overseas Highway
Suite 400
Marathon, l10rida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Conunissioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David P. Rice, om. 4
Comm. Murray J. Nelson, Dillt. 5
Mr. John Wolfe. Esq.
2955 Overseas Highway
Marathon, FL 33050
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June 16, 2005
Subject: Beneficial Use Hearing - Geneva Sutton
Dear Mr. Wolfe.
This letter is in reference to the Beneficial Use Hearing for Geneva Sutton. Due to the complexity of and
deficiencies in the Geneva Sutton application for a Beneficial Use Determination. Monroe County is
requesting a continuance of the hearing that was set for June 24,2005.
The County Attorney's office is preparing a letter with a detailed listing of the additional items that must
be submitted with a Beneficial Use Application to make the application complete. -
The County is requesting that the Sutton Beneficial Use hearing be rescheduled on July 25.2005. at 2pm
at the Monroe County Growth Management offices. Would you please consult your schedule to
determine if you can be available for that date?
Thank you for your favorable consideration of this request.
Sincerely,
::f:~~/7
~-<..e.)
K. Marlene Conaway,
Director of Planning &
Environmental Resources
cc. Sandra Walters
Geneva Sutton
RE: The Suttoleneficial Use Application - Reason f!l@ackofcomPleteness
~
1. Application is not signed or notarized.
2. Application fails to disclose all of the property acquired by applicant prior to or subsequent to 1971, or
prooerty sold by apolicant subsequent to 1971, i.e., - to brother - to determine whether applicant has had
"economic use" on the entirety of the property.
3. Discrepancy in land size - 3.98 acres (application item 10) to 4+ acres (application Part II) to 5.84 acres
(see unsigned letter 4/4/1991). (Attachment 2D)
4. Applicant fails to disclose whether requested variance would constitute an issue involving the public
health as to adjoining wetlands. (See Compo Plan Policy 101.18.5.
5. Applicant does not reveal whether applicant is seeking TDR's. (Policy 10LI8.5.2(b) or to transfer to
brother's adjacent lot to build 2nd unit.
6. Applicant has failed to show that the requested "Variance" is consistent with the objectives and policies
of the 1996 Compo Plan and LDR's, (or exempt from such objectives & Policies), as required by FAC
Rule 28-20.100 (17).
7. Applicant is required to include the re-zoning application or decision on designating property from N/ A
in 1987, to Urban Residential, or any final rezoning date when it was zoned "SS". The applicant could
have except Attachment "2A" claims the acreage was NA prior to 1988.
8. No showing of% ofland or non-development wetlands, that lies within. (1996 Plan, Policies 203.1.1
and 204.2.1 and LDR's - 9.5-347. prohibits development of 100% wetlands). Application only states
that after side yard and front yard setbacks are subtracted there is only 300 square feet of buildable land.
9. Under the 1986 Plan it was Zoned N/A. The BOCC rezoned to "SS" in 1988. Applicant filed another
application to rezone from SS to SR (suburban residential) then failed to submit the application, staff
report, and determination of that request, then they failed to appeal that denial. Applicant failed to
provide PC decision on the 1997 application. Applicant failed to provide whether any appeal to circuit
court was made within 30 days of application.
10. Attachment 2A shows application #96-3-264 to construct a SF residence on Parcel 8 (one lot) only.
4/23/97 denied by staff, but showing no PC resolution or Appeal. The same for building permit
application #96-3-264. Applicant failed to provide PC decision on the 1997 application. Applicant
failed to provide whether any appeal to circuit court was made within 30 days of application.
11. Failed to attach application resulting in Hearing Officer Determination 5/8/1990 that proposed the
rezoning to "SR" (1986 Plan) be denied for being inconsistent with that plan. - 380.0552(7)(s)
Principles for Guiding Development.
12. Failed to submit Sutton's correspondence to Monroe County Land Authority (Attachment 2).
13. Andy Tobin is corresponding with the County concerning this Beneficial Use Application but has not
been identified as the agent by the applicant.
Monroe County Growth Management
Code Enforcement, Environmental Resources,
Marine Resources, The Planning Department
2798 Overseas Highway, Suite #410
Marathon, Florida 33050-2227
Phone:(305) 289-2500 - Fax:(305) 289-2536
7(( I oS
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To8.1.~(MJ (~MS~
Date:
Fax#:
From:
# of pages including cover:
Remarks:
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Property Information for 11 02,,\Q3
-
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MONROE COUNTY PROPERTY ApPRAISER
Property Details
OWNER OF RECORD
SUTTON GENEVA L
1550 NE 13 TERR B-IO
JENSEN BEACH FL 34957
PHYSICAL LOCATION
KEY LARGO
LEGAL DESCRIPTION
PROPERTY INFORMA nON FOR:
Alternate Key: 1102393
RE Number: 00090400-000300
4-62-39 ISLAND OF KEY LARGO PT GOY LOT 1
(1.83AC) OR490-449 OR490-447Q OR834-1243Q/C
OR916-2447Q/C
SECTION. TOWNSHIP, RANGE
04 - 62 - 39
MILLAGE GROUP
500K
PC CODE
00
Land Details
PROPERTY MAP
Page 1 of 1
LAND USE CODE
OOOX
OOOT
OOHH
LAND AREA
\.6 AC
0.09 AC
0.19AC
Parcel Value History
TAX ROLL YEAR
BUILDING
TAXABLE
o
o
o
MISCELLANEOUS
IMPROVEMENTS
o
o
o
LAND
JUST
EXEMPTIONS (NOT
INCLUDING SENIORS)
o
o
o
1,942
1,942
1,942
2004
2003
2002
Parcel Sales History
NOTE - OUR RECORDS ARE TYPICALLY TWO TO THREE MONTHS BEHIND FROM THE DATE OF SALE. IF A RECENT SALE nOES
~mSHQWJLf..J~Ll<;.AS.LGIY.KQIIRm:.n..<;;t;:nMt;.TQ_J'RQct;SSJT,
OFFICIAL RECORDS
BOOK/PAGE
SALE DATE
02/1971
490/447Q
1,942
1,942
1,942
1,942
1,942
1,942
INSTRUMENT
00
PRICE
18800
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05/12/2005 14:07
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Tel, (a08) 743-5551
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NAME:
ACCOUNT
AD NUMBER:
CUSTOMER:
AITENTION :
ADDRESS:
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# 2798 OVERSEAS HWY
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JUUE FAX'D
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05/14/2005
1
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or ID(S) :
PYMT MEI'HOD :
AD. TYPE :
AD STATUS:
TOGO:
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TAGLINE:
AD TEXT:
9878/6247/6247
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"5 "'No. 2100800'"
AD COMMENT:
1 x 5/14 bill, POP, Kat
"'5 ""'Notice of Beneficial
Use Hearing'"
"5 "'NOTICE IS HEREBY
GIVEN as required by
Florida Statutes that a
hearing will be conducted
by a duly appointed Mon-
roe County Hearing Offi-
cer on Tuesday, May 24,
205. at the Marathon
Government Center,
2798 Overseas Highway,
Marathon FL 33050, be-
ginning at 10:00 a.m. to
consider the following ap-
plication for beneficial
use pursuant to Policy
101.18.5 of the Monroe
County Year 2010 Com-
prehensive Plan, to se-
cure a minimum benefi-
cial use for the properties
described below: ~
..s "'Applicant Name'"
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05/12/2005 14:07 3057439585
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AD TEXT:
.. s ~Geneva L. Sutton'"
"'s "'Property Description'"
"'s "'4-62-39 ISland of Key
Largo Pt Gov Lot 1
(1.83AC) OR 490-449 .
OR490-447Q OR8~-7
43Q/C OR916-2440/C
RE#0009040Q-000300'"
and'"
4-62-39 Key Largo Pt
Gov Lot 1 (2.15AC)
GS-478 G64-556
OR155-58/66
QR255-499/500
QR492-3670R834-124
2Q/C OR916-2447Q/C
OR921-1538Q/C
OR921-1539
OR921-1540
RE#00090370-000000 ...
"'8 "'AIE Inc....
.5 "'Property Description'"
"'$ "'31 6628 Y66831-04
Sugar Loaf Key Pt Gov
Lot 4 OR445-627/629
OR1 080-81 a/ORD
PROS ;8~4~~~15 ____ j\~
OR108 803 D "--?Y.J' J
PROS #88-484-CP-15 r (
OR 10eO-e06/0RD
PROB #88-486CP-15
OR 1086-2317/2318
RE# 00118210-000000'"
"8 "'Further, pursusant to
Ssection 286.0105, Flori-
da Statutes, notice is
hereby given that if a per-
Son decides to appeal
any decision made by the
hearing officer of the
~"--
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KEYHOTER
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AD COMMENT:
PAGE 02/03
w
05/12/2005
AT:2:07:12 PM
PAGE 2 of3
--Usedd=KHANCOCK / Acct:= '35418! AD#: 2100800--
J5/12/2005 14:07
305743'3585
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KEYNOTER
PAGE 03/03
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AD TEXT:
AD COMMENT :
Board of County Com-
missioners, he may need
a record of the proceed-
ings, and that for such
purpose, he may need to
ensure that a verbatim
record of the proceedings
is made, which record in-
cludes the testimony and
evidence upon which the
appeal is to be based. ...
..s "'ADA Assistance: Anyone
needing special assist-
ance at the hearing due
to a disability should con-
tact the Planning Depart-
ment at (305) 289-2500"
"5 o4lIpublish May 14, 2005'"
Florida Keys Keynoter"
"5 o4lI
05/12/2005
PAGE3of3
~-UserId=KBANCOCKI Acd= 6354181 AD#:: 2.100800..
AT:2:07:12 PM
-~
TRAt'HllI'3'3IDtJ 'v'ERIFICATICiH REPlJRe
~
DATE,TIME
F A>< HO. /HAlvlE
DURATION
PAGE(S)
RE:3UL T
MODE
05i12 14:30
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03
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TIME 05/12/2005 14:31
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Notice of BerteficialUse Hearina
NOTICE IS HEREBY GIVEN as required by Florida Sta..t......u........t...e.........s...........t....h....... a.........t. a..... h.....e... a........r..i.....n....9..W.........i.I..1 be conducted by
a duly appointed Monroe County Hearing Officer on mg.i:~I:IM~1~;I~I;W~ijjii~~jg~, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, FL 33050, beginning at 10:00 a.m. to
consider the following application for beneficial use pursuant to Policy 101.18.5 of the Monroe
County Year 2010 Comprehensive Plan, to secure a minimum beneficial use for the properties
described below.
APPLICANT
NAME
PROPERTY
DESCRIPTION
Geneva Sutton
4-62-39 Key Largo pt Govt. Lot 1 (w.15AC) G5-489
AlE Inc.
Sugarloaf Key pt Govt. Lot 4
Further, pursuant to S 286.0105, Florida Statutes, notice is hereby given that if a person
decides to appeal any decision made by the hearing officer of the Board of County
Commissioners, he may 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.
ADA Assistance: Anyone needing special assistance at the hearing due to a disability should
contact the Planning Department at (305) 289-2500.
"""""".r..1 II'." ,.. ,',
I:i;IQl!i ' ;$'''1'1 ": ,:'~ ~' , "':;l1ie~pub'nstH3,d::one;itimeonlv:
The Key West Citizen
Key West, Florida
As Soon As Possible
The Keynoter
, Marathon, Florida
As Soon As Possible
The Reporter
Tavernier, Florida
As Soon As Possible
Ad for 5-24-05.doc
.
.
Growth Mana~ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Charles "Sonny" McCoy, Dist. ,
Comrn. George Neugent, Dist. 2
Comm. David P. Rice, Dist. 4
Comrn. Murray J. Nelson, Dist. 5
June 14, 2005
Sandra Walters
Consultants, Inc.
Ms. Sandra Walters
6410 fifth Street, Suite #3
Key West, Florida 33040
RE: The Beneficial Use Hearing for Geneva Sutton
Dear Ms. Walters,
This letter is in reference to the Beneficial Use Application filed by your office on behalf of Ms. Geneva
Sutton. At the direction of the County Attorney's office, we are continuing the hearing on the application
for Geneva Sutton because the application is incomplete. In the near future, the County Attorney's office
will provide under separate cover a detailed list of the items that must be submitted with a Beneficial Use
Application.
Our office can not provide you with a new date for the hearing at this time. If you have any questions
regarding this correspondence you may contact our office at 289-2500.
Sincerely,
. ';(~~
K. Marlene Conaway, J
Director of Planning &
Environmental Resources
CC: Mr. Richard Collins, County Attorney
Mr. Bob Shillinger, Asst. County Attorney
Ms. Geneva Sutton
Jun 23 05 05:38p
e
e
I A , Sandr(l
""alters;
CONSULTANTS, INC.
FACSIMILE TRANSMITTAL
ATTENTION: Marlene Conaway
Tom Willi
John Wolle
FAX NO: 289-2536
FAX NO: 292-45414
FAX NO: 743-7489
Phone: 289--2500
Phone: 2811-.2500
Phone: 743-.9858
SENT BY: Sandy Walters
DATE: June 23, 2005
TOTAL NUMBER OF PAGES (INCLUDING TRANSMITTAL COVER PAGE): 5
SUBJECT OF TRANSMISSION: Sutton Beneficial Use Case
Just realized we neglected to FAX you the signed and notarized applicatioll, so here it is.
However, it is my understanding fi.-om Geneva Sutton's attorney Andy Tobin that, despite all
efforts on our part, the hearing is being continued lmtil July 25. Therefore, neither the Suttons,
Mr. Tobin nor myself will be coming to the Marathon Government Center tomorrow at 10:00
AM for the hearing.
Please confirm the new hearing date and provide a staff report as soon as possibk.
6410 FlflH STREET. SUITE 3. KEY WEST, f1 33040
LOWER KEYS & KEY WEST 305-294-1238 . UPPER KEYS 305-064-:)342 . MIAMi 305-661-49:!H
FAX 305-294-2164 . E MAIL SWCINC@BEllSOUTH.NfT . WFR,III' www SWC:()NSUIIAN.!~b!r~;
p. 1
~un 23.05 05:38p
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.
APPLICATION FOR"
DETERMINATION OF BENEFICIAL USE
$750.00 Cost Recovery Deposit Fee
"T'__~
-
PART I (PLEASE PRINT)
APPUCt\NTjOWNER INFORMATION:
1. Applicant is:
DOwner
[2J Authorized Represontotivc
2. Applicant's Name: ~allrlrn Wallen; Consn1t:mts, Ine
Phone: 305-294-IH$
3 Applicant's Mailing Address
6410 Fifth Street., Suite 3, Key West, FL 33040
4. Owner's Name (if applicant is NOT owner)
Geneva Sutton
5. Owner's address
1550 NE 13 Terrace B-lO, Jensen Beach. FL 34957_
Phone:..(112) 232-2422
6. Attach copy of Recorded Deed showing ownership and legal cescription.
7. Attach survey.
PROJECT AND SITE INFORMATION:
8. ProjecVsite address: N/A
9. RI:.#: IJ0370.0003 & 90400.0003
10. Legal Description (attach metes and bounds description if necessary): 4:-62-39 KEY L'\!.<..GO PT GOVT
LOT 1 (2.15AC) G5-478 G64-55q ORI55-58/66 0R255-4991500 OR492-367 OB~4-lf42Q/C 0R916-
2447Q/C and 4-62-39 ISLAND OF KEY LARGO PT GOV LOL.L.{1.83 ACLQR490-4'!:2 OR490-447Q
OR834-12430/C OR916-2447Q/C
11. Identify the land use district in which the property IS located Attach a map showing the district
boundaries if the property is located in more than one land use district. 55. map attached {f:\ttachmel!!.ll
12. Describe the present use of this property Lot is currenth' vacant
13 Document the date the owner acquired the property and the amount paid:
DIDe: 02/1971 AlliQuntPaid: $12.000
14. Document the current value of the property: According to the Monroe CountY_~-2!aisers Offi!~c. th(:
property is currently assessed at $3.054.00. If not for Cowm~atiOllS that prevent dcv.cl9pll~ent of!P.s;.
l>IOperty, the lot value would be much greater and would beas~~sed accordinldv (see discussion below).
Application for l)otll".licial use
.Jun 23. 05 05: 38p
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PART II
PLFASE ANSWER THE FOLLOWING:
1. Explain the reason for your application for Beneficial Use and include any official act by tht:; County denying
you of all reasonable use of your property (describe your eXpE,etations for uses of the property)
Geneva Sutton is c'-"P9ric;n.C!~z. a de facto denial of all reasonabl~ economic use of he[j}mpertv (a wrtion of
Government Lot I, Section 4, Township 62 SoutlL Range 39 East K~y Largo) by j:l.!e appligltion of Policies 203.1.1
and 204.2.1 of the Year 2010 Comprehensive Plan, and Sections '>.cS-347 and 9.5-348 oL!.heLanclD~loDlIlellt
Regulations. Comorebell!iive Plan changes in 1986 and continued sincc then recognize rb<;_~ga.l right to some
reasonable economic use of orivatelv-owned land. Ms. Sutton has made many attempts alII! has received a variety
of confusing and conflicting opinions from COlmtv staff, as foHqws (see..Attaclunent 2)-.
. 1989-A site visit \\ith Countv Planner Ty Symroski indicakd the possibility of budding Jive units on the
P!O~
. 1989-A letter from County Biologist Bob Smith and PlanlliM..DirectQr Lorenzo Agh,,~t].o staWs the pro~ill..lli
not buildable.
. 1989-A letter from Staff Director Mark Rosch informs Ms StlnOR that the Monroe O~unty L~14 Authority is
not focused on buying land such as hers at that time.
. 192Q:--A State Hearing Officer states in an administrative decision tlmt the Sparsely Se'11ed lalld use disttict of
Mrs. Sutton's orOPerty, which allows low density residential development is aooroorialc and CQrrect.
. 1991-An unsigned County letter t() M,t]. Sutton states that her land is buildable, 00 propem' taxes cannot be
refunded.
. 1992~A letter from attorney James Mattson to Countl'__I'l8J1l1ing Director Lorenzo Aghemo e:\.1Jlo~ns tile
confusion and ret.luests clear directiou. No answer was furthcorni!!&.
· 1997-A County statf report eXDlains a recommendation of denial fOLa sincle residence building permit and
rccolnuJ.ends see.Jring relief through the beneficial use process.
TIlerefg,re, the owner is reouestinlt@liefung~r Monroe County Comprehensive PlanPolicl' lQJ.18.~
When Mrs. Sutton obtained the subiect property in 1971, she C)~d. lQ.. eventually d~velop _J.h~.,.Q!ID;el. Her
~ta.tions,.~ that tiwe_ were reasonable given that no restrictions would have prevented bEr from dOll!!; so. While
the 1986 County comprehensive olan changed the regulatol)' structure of development in tll(~ Keys, both before and
after the effective date of that plan oomparablc lots within the SaJ.nt:. arc;~t were developed (please see alladuuent 3
and 4)
.M;rn. Sutton is submitting this appli~~ti.9.~l for a beneficial use detef)lllnation seeking relieC\t build a single-familv
dwelling 011 her property The parcel is lelmlly olatted and is within the Suarsely Settled (SS LLand_ Use District the
purpose for which is "to establish areas of low-deositv residential dl~veloDment whereJltep~ominant character is
native or open space lands" (Sec. 9 5-209), She now VhillS to huild only 3 single house on.!he two combined lots,
which are cumulatively in excess of four acres in total size. The parcel is selVed bv a priva:e road that all adiace!!!
property o\\-l1ors have access to, and bv the Florida Keys !;l~u.:i(; COQ~rative and the Florida Keys Au ueduct
AuthOlity.
The lot consists of upland Q!~~~()Ck, salt marsl1. scrub JllaIJg).~ and fringing wetlands (;:ittachmenl 3J!nd
5), LDR sections 9.5.347 and 9.5-348 prevent the owner from developing her property Se<.:tion 9.5-347 requires a
100% open space ratio for wetlands. Section 9.5-348 prohibit, all:)laccmcut of Jill withiILw~tla.p<.lsand pJrOhibits
~family slru<;t:m-es from being develooed on or over wetlands. When applicable front an~Lside'yard setb~cksJlr~
subtracted (9 5-281), the lIet buildable area remaining is only about 3Q9...Nuare feel.
2. Document any determination of Vested Rights for the propertY' W.A
3. Document all attempts made to sell tile property and the results of those efforts. Attach documenu~tion in
support: The owner has attempted to sell the prooerty Lo the Mqnroe Count'\' Land Autl1.orit'\'_ her asking
price was denied despite oomoorable l3lld values in the area. no altetllative offer was made, anct)\1r. Rosch (see
Attaclmlent 2) indicated that ow-chase of oroverty sucb as hers Vias not a Land AQtl1.ori1y prioritY..
2 ApplicatioJ" for oeneficial use
~un 2~ 05 05:3Sp
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4. Explain how the criteria identified in Policy 10118.5. Monroe County Year 2010 Ccmprehensive Plan are
met A copy of thi5 policy is attached to this application.
Loss (~f Economic Use
As c~laincd abovc, the strict application of policies 203.1.1 and 204 c~~L9[ the y ca~.fO lOCO[!illI(;l1en~iye Plan. aJ!Q
~~tlQ!~-3J7 and 9.5~11~ o(the Land Develovmellt RegulatiG!1'i,-f.[eate a 4.e-.f'3Cl0 Q~!lial_QL~lL reasonab!,=,
~Q!lOlnic use of the subiect oronertv.
A.tta&ll.!nellt 3 COlllains aoontisals coml'lleted bv the Appraisal Co of Key W~tthat staL~lI~ \.alue of the land as
$520,000 and the value of the land once improved with an appropriat'~ stmcture is $1.12 millJQll to $1.34 llliH.non.
Background Information
. Geneva Sut1ouj~ Iht: owner of record, and purchased the subj(:cULfQP-S;rty----describe<!j!:L.GQ~nunenl Lot 1"
section 4, Township 62 South, Range 39 ~j, Key LargO, FL-in 197 t
. The ~cel is zoned "Sparsely SeWed" and is cwrentIv vacant.
. The Suarsdv Settled designation allows low-densitv residential de:vclolLI!19nt to be_p~nl1itied on this lot except
for the County Code restrictio~.c<ited above.
. The parcel is conwrised of disturbed hauunO<..'k, salt marsh and huttonwood areas, and lllangrQ.v~_wc.Uands. An
independent environmental assessment was cOlJ.ducte:Q.!!!.J 992 and the habitat characl,:ristics delineated on a
sile surveys (~ee altachment 5). These conditions have been acc~p.l.eg by County staff (J:ee attachment 2A) and
coufinned bv SWC staff.
Re..quested Relief
YL!lccordance with Policy 101.18.5, Monroe County Year 2010 COlItp!'~_bensive Plan.__Jhe owner_L~J~ts ~
Beneficial Use Qetenuiuation in order to prevent a re,gulatorv takiJ!&-J3,elief is reQuested .!!l the form of Jj,miteg
developmeacapprov1!!Jor the subiect p:roQtfrt)' (i.e" the approval should allow the applic3[11 to develop a single-
familLliwel1jll~ On the_property)
The Counh- plauni.t-E stafl.'J~$ recommended seeking of relief via the bene1icialIL'>e process U~e A!wchmem ?l
Proposed Det'elopment (See Site Plan, Attachment 6'
· The residence }Vill have a footprint of only 2,000 ~uaTe feet. wllich allows for placement to meet the ~
minimum 25-foot setback from wetlands. To accommodate this. a front-yard setback variancc Q[l2.5 ket will
be reQuired. Side ysrrd setbacks are met
. The house ~ill be reached by a 12.5-[00t driveway from the road with ~g beneath tb~ structure.
· Thc onsite aerobic wastewateI' tTCaJma.It. sYstem will be locitro ht:m:ath Ule structure. usingJieep well injection
for di soosal of treated efl:luent to minimize the extent of site disruntiolL
· The house location is in the least cnvirQ~lmentaUy sensitive area of tile site~ entirely 011 llQJ.ands with elevations
of 3.0 feet and higher (see spot elevations on survey, attachments 5 and 6) containing d1~lurt.JI:U haIlli!!Qj;:k wit!!
more than 50% exotic vegetation {mostly Brazilian pepper and L~d tT~_
· The remainder of the property will be placed llilder a oonservatiml easement
Consistency with Comprehensive Plan and LD&'
Development approved VUfSUl!11tjO a beneficial U&e detenninal10n shall be consistent with all other objectives and
policies of the Comvrehensive Plan and Land Development R~illollS unless specificalli..,exempted from such
reQuiremcnts in the final beneficial use determination.
· TIle owner has pre"iollsly applied for a ROGa allocation and !m!ldiM~nnit for thCILarcel.. but was denied
(see Attachment 2).
.A.bcneficial use detennination would not adverselv affecl publig,llealth. safelLQ[~'g:1f;ueJ2l!t rather would
provide constitutionally protected use ofprivate prope&
· I.lJ~owIler \\o111aYQ.ist and minimize impacts caused bv lhe bui!@!K of a residenc~_g!lJhe_1l.!:.Ql)e;\tv, and no
wetlands will be affected.
..,
.)
Applicatioll lor ""nelicilll use
.Jun 22. 05 05: 39p
p.5
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Planning Issues
Compatible with current & future land use districts - Hie r~ueSl to develop a Sll!gle-family dwelliI~~
compatible with the SS land use district whi~h allows low density rc~;!rtential development.
Compatible with Communitv Cbaracter - The surrounding area is a mixture of lLudevelopcd lan~L~m!~idential
development ranging from single-family homes silJlilaL to the one QTO[Xlsedbv_!J!e owneLto~Ql1~Qminiu!Ll hi~\:"
density proic(,:ts (Attlclmlcnt 3). The adiacent parcel to the north. which is vel)' similar eDvir9.Ll!!!~:ntally, is mmed
hv M~ Sutton's brother. Charles Rice, who obtained a build!:!!ultlffiut from _Monroe C m!!ill' and. built a siu~ll;;
family residencc there jp. 1994. TIle proPQsed residence will be el!JjI..:~!L~onsistent withJll93xi5ting COlllJuunity
(:hanl~ter.
Setbacks - The appIiqilile setbacks for the SS land use district are 25 f~Lfor the front yard, IUilS feet for side
vard<; and 1:'i feet for the rear yard. The side yard setbacks can be met. . Ho,"'Cvcr, th".IO\:ajion of the lot and illi
environmental attributes make it subiect to S",~tion 9.5-349 that dictates shoreline setbacks an.d Section 9.5-348(71
that r~uires a vegetated buffer between development and wetlands.
Shor"eline setbacks - See below.
Vet!ctated buffer ~uirement - Section 9.5-348(7) specifies that a mi.nimlJlll vegetated scloock of 50 feet shall ~~
maint~ined as an open buffer for development occurring adiacent to all types of wetlands. I~is section alsoallo,\,~
for exceutions where the setback can be reduced to 25 ft to allow ro'_development of a home with a footprint of no
more than 2.000 square feet. Given .t:batthe lot consists largely of:l\etland<;, the owner re!)uests a variance to this
section to reduce the wetland setback to tile minimunl 25 feel and.ID:Ql22ses to limit the f(lOI-orinl of the b,"U5e to
2.000 square feet, locate it within the least environmentaIlV-~.i;nsijiv(: area of the parcel,JM!f1 place the undeveloped
portion of the property under C9.llServation easement.
Oth~_ penuittioe issues - If limited dcvclopm_~nt ~mrovalJLgranted., the. owner will sti!L!!!e.~ to meet.!b~
fQllowiJ!g oennitting l"eQuiremel;lts:
. Building Permit
· DOH Permit (on-site wastewater disDOsal}
. Impact Fees
Date J \..l.1l& Zj) ZDD.6
~~ MARIAE.G RCIA .l:
~;g' i.\.~ '<\ M\ COMMISSIOIH DO 03659? :.
i '-:-;:;~7;~~i EXPIRES: June 25, 2005 J :
! ~":~ ~'r...,~1t.. Bi.irdl'ld Tr.fl,J Not",." P:lbll(; Uncio'lI'\\'f1lf:I!....JI.
, 'fi'tH '
~ I
'~'--~--
---
4
Application tor bendiClal use
.
I ~ , Sandra
""alters
CONSULTANTS, INC.
,
.
January 10, 2005
MEMORANDUM
FROM:
Julie Thomson
Momoe County Planning Department
Sandra Walters.:::5 '-'-5//..
Sandra Walters Consultants, Inc.
TO:
SUBJECT:
Geneva Sutton Application for Beneficial Use Determination
Enclosed is the original notarized letter of agency from Geneva Sutton, designating Sandra
Walters Consultants, Inc. as agent for the above-referenced application, which was filed with you
office on December 22, 2004. A FAX' d copy of this letter was included with the application
with a note that the original would be sent when it was received in the mail.
Thank you for your help in processing this application. Please call me (294-1238) if you have
any questions or need anything further.
6410 FIFTH STREET, SUITE 3, KEY WEST, FL 33040
LOWER KEYS & KEY WEST 305-294-1238. UPPER KEYS 305-664-2342' MIAMI 305-661-4928
FAX 305-294-2164 . EMAll SWCINC@8EUSOUTH.NET
e fi . IU H .
Today's Bene lCla se earlng
7/25/2005
For Geneva Sutton, Applicant
The Special Master is John Wolfe, Esq.
K. Marlene Conaway is our Director of Planning & Environmental
Resources.
Tyson Smith, Esq. from Smith & White, legal council for Monroe
County.
Sandra Walters, Consultant for the Applicant.
Geneva Sutton, Applicant
Andrew Tobin, Esq., council for the Applicant.
Julie Thomson,
Administrative Assistant
289-2560
.
.
December 21, 2004
Ms. Marlene Conaway, Director
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Subject: Property in Key Largo, Monroe County, FL
RE #s 90370.0003 & 90400.003
Dear Ms. Conaway:
By this letter, I, Geneva Sutton, owner of the above-referenced property, designate Sandra
Walters Consultants, Inc. to act as agent for me in regard to an application for determination of
beneficial use for this property.
Sincerely,
k~~
Geneva Sutton
1550 NE 13th Terrace, B10
Jensen Beach, FL 34957
(772) 232-2422
STATE OF
COUNTY OF
f \ OR\olo..
ffi 0.. <' ~~ il
Sworn to (or affmned) and subscribed before me this ~ day of \) ~c..erY\ b er- ,
20 Q:l, by Q,.€X\Pj'\i Ol Sv+\-'-)n who is personally known.()t ~ho ha3 1'1"0$689
-88 identifisation..
0~j,~
Notary Signature
~~II',.,r. DEBORAH S ..,.,..,.....
~(l...J~~ . f>Un.......
l*W: :~ MYCOMMISSIONIDD113611
~~ ..~ EXPIRES: August 31, 2006
. 'Rr.~ Bonded 1bru NolaIy Pldc ~
~
.
e
MONROE COUNTY ***LIVE***
Page
1 of
1
MISCELLANEOUS RECEIPT
RECEIPT #
66698
01/07/2005
PRINT DATE
PRINT TIME
OPERATOR
COpy #
01/07/2005
14:31:12
luttazia
1
RECEIPT DATE
RECEIVED BY
REC'D. FROM
UDF 106.1
UDF 106.2
luttazia
SANDRA ALTERS CONSU
CASH DRAWER: 2
NOTES : BENEFICIAL USE APP. COENEVA SUTTON
FEE ID
AMOUNT
THIS RCPT
BALANCE
ZONING-012
750.00
750.00
0.00
--------
--------
--------
--------
--------
--------
TOTALS:
750.00
750.00
0.00
METHOD OF PAYMENT
AMOUNT
NUMBER
CHECK
750.00
683
------------
------------
TOTAL RECEIPT
750.00
SANDRA WALTERS CONSULTANTS
PH. (305) 294-1238
600 WHITE ST. STE. 5
KEY WEST, FL 33040
683
D~...tI.....bl\ C2:, 7...W-r43167~
~~:~~e/~7~~ ~B ph"nn~1::Af~~ I $ 7!J6J2
~\ ~\ J.... \.l.~ ~ ~ Q.rJ 'f'>yJOO5 - Dollars &J ~E?='
=~
FR5I' Jii5i' OF 1ME FLOllIDA KEYS I
SCTE IWNK KEYWDT, FLOllIDA - ~ If-. .
For~bn, LA~ ~. ~~)'Lll.a:l1J ~~. M'
I
I: 0 b ? 0 00 ... 3 a I: 0 ... 0 ... ...... 2 ... ... SUI 0 b a 3 i
()~tul<l!' Amtmc_
GUARDIANQ!) SAFETY BLUE WBL
~
.
.
ATTACHMENT 4
~ ~~~~~;.~=L CO.
,a.
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<,,-~v v v' ~.I
'r,
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~
Notice of BeneUcial Use HearinQ
NOTICE IS HEREBY GIVEN as required by Florida Ste!~!~~!~~ta~e.eri~~wiH be conducted by
a duly appointed Monroe County Hearing Officer on ~PQ~;~Y,..Jl.J.ly2~jg()()5, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, FL 33050, beginning at 2:00 p.m. to
consider the following application for beneficial use pursuant to Policy 101.18.5 of the Monroe
County Year 2010 Comprehensive Plan, to secure a minimum beneficial use for the properties
described below.
APPLICANT
NAME
PROPERTY
DESCRIPTION
Geneva L. Sutton
4-62-39 Island of Key Largo pt Gov Lot 1 (1.83AC) OR
490-449 OR490-447Q OR834-1243Q/C OR916-2447Q/C
RE#00090400-000300
And
4-62-39 Key Largo pt Gov Lot 1 (2.15AC) G5-478 G64-
556 OR 155-58/66 OR255-499/500 OR492-367 OR834-
1242Q/C OR916-2447Q/C OR921-1538Q/C OR921-1539
OR921-1540 RE#00090370-000000
Further, pursuant to S 286.0105, Florida Statutes, notice is hereby given that if a person
decides to appeal any decision made by the hearing officer of the Board of County
Commissioners, he may 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.
ADA Assistance: Anyone needing special assistance at the hearing due to a disability should
contact the Planning Department at (305) 289-2500.
iit";'l.l.\!fj0#011ll;iillfi:~ii'1iiti;,tl'M%wm'*;;":";II'''''&;;:I'''''''h''' "0 ," "" ..", "I
eln~:ellitJeMu~; 1:,,-ws'it1nJJ ISe 'one:tlme on V;
The Key West Citizen
Key West, Florida
As Soon As Possible
The Keynoter
Marathon, Florida
As Soon As Possible
The Reporter
Tavernier, Florida
As Soon As Possible
Ad for 7-25-05
e
.
Notice of B^~fteficiauJse HearinQ
NOTICE IS HEREBY GIVEN as required by Florida Stat~tes.th~t~.hearingwill be conducted by
a duly appointed Monroe County Hearing Officer on Mond~y!July25!i2aQ5, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, FL 33050, beginning at 10:00 a.m. to
consider the following application for beneficial use pursuant to Policy 101.18.5 of the Monroe
County Year 2010 Comprehensive Plan, to secure a minimum beneficial use for the properties
described below.
APPLICANT
NAME
PROPERTY
DESCRIPTION
Geneva L. Sutton
4-62-39 Island of Key Largo pt Gov Lot 1 (1.83AC) OR
490-449 OR490-447Q OR834-1243Q/C OR916-2447Q/C
RE#00090400-000300
And
4-62-39 Key Largo pt Gov Lot 1 (2.15AC) G5-478 G64-
556 OR155-58/66 OR255-499/500 OR492-367 OR834-
1242Q/C OR916-2447Q/C OR921-1538Q/C OR921-1539
OR921-1540 RE#00090370-000000
Further, pursuant t09 286.0105, Florida Statutes, notice is hereby given that if a person
decides to appeal any decision made by the hearing officer of the Board of County
Commissioners, he may 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.
ADA Assistance: Anyone needing special assistance at the hearing due to a disability should
contact the Planning Department at (305) 289-2500.
8' ""'I1!i'~l:, "'",,:,' '!'iI>d:' """^""&;'; , .:.: 'b'" 'I"h .. ", ,. '... "
, f;1a1~L:.eaa :'n. Jtoi'tie:pu 'IS: ed :one>:tlme.only:
The Key West Citizen
Key West, Florida
As Soon As Possible
The Keynoter
Marathon, Florida
As Soon As Possible
The Reporter
Tavernier, Florida
As Soon As Possible
Ad for 7-25-05
For the Legal ads section .the newspapers call:
updttd 10/13/2004
The Keynoter: Kathy Hancock at: nnn 743-5551
khancock@keynoter. com
For Wed. paper = submit by Monday.
For Sat. paper = submit by Wednesday.
Post Office Box 500358
FAX = 743-9586
The Key West Citizen: Marybeth at: non 294-6641
Submit - Publish
Thursday Sunday
Friday Monday
Friday Tuesday
Monday Wednesday
Tuesday Thursday
Wednesday Friday
Post Office Box 1800 - 33041
mean itano@Keysnews.com
FAX = 294-4905
The Reporter: Joan at: 852-3216
jhilt@keysreporter.com
Submit by:
Tuesday
Publish
Friday
PO Box 1197 - 33070
Fax =0 852-8249
e
-
Monroe County Growth Management
Code Enforcement, Environmental Resources,
Marine Resources, The Planning Department
2798 Overseas Highway, Suite #410
Marathon, Florida 33050-2227
Phone:(305) 289-2500 -- Fax:(305) 289-2536
To:
Date:
Fax#:
From:
# of pages including cover:
Remarks: '~~ =pY1 A /~)- -+lv~
CZrC ~)(L
I
~JS,
-n1~c<;
~ .
,J C{ lt~
X ;:J5rcJD
Monaay
Tuesday
Wednesday
Post Office Box 1800 - 33041
mcanitano@Keysnews.com
FAX = 294-4905
The Reporter: Joan at: 852-3216
Publish
-F~ ~S:;) -olq~
jhilt@keysreporter.com
Submit by:
Tuesday
=
Friday
PO Box 1197 - 33070
Fax 852-8249
05./12/2085
385852019g
-THE
REPiJPTER
F'b,GE 81./ [13
e
(-to
3
}bur Upper Keys Gmnection
NAME:
ACCOUNT# :
AD NUMBER:
CUSTOMER:
ATTENTION:
ADDRESS :
PHONE:
GIVEN BY :
CLASS:
1st INSERT:
INSERTS:
TAGLINE:
AD TEXT:
JHILT PACKAGE:
625436
2114800
>>MONROE COUNTY PLANNING DEP
MYRA TEZANOS
# 2798 OVERSEAS HWY
MARA THON,FL,330504277
(305)289-2520
JULIE THOMPSON GROWTH MGMT
ROllO
OS/20/2005
1
NORMAL;HEADING 1;AD#2114800 S
OP ID(S) :
PYMT METHOD:
AD. TYPE:
AD STATUS:
TOGO:
EXPIRA TION :
BOXCHG&#:
PREMIUM:
APE CODE:
TEARSHEET :
AFFIDA VITS :
REASIRESP.CODE :
P.O.:
6496/6496/6143
1
1
FUT
1
OS/20
AD COMMENT:
96 lines 1x $86.96'"
Normal:heading
1 ;Ad#2114800 Sutton
& AlE Inc. Beneficial
Use <II
Julie Thompson'"
ax: 28!3-2536<11
~s Notice of Beneficial
Use Heari n9 ...
~s NOTICE IS HEREBY
GIVEN as required by
Florida Statutes that a
hearing will be conducted
by a duly appointed Mon-
roe County Hearing Offi-
cer on Tuesday, May 24,
2005, at the Marathon
Government Center,
2798 Overseas Highway,
Marathon, FL 33050, be-
ginning at 10:00 a.m. to
consider the following ap-
plication for beneficial
use pursuant to Policy
101.18.5 of the Monroe
County Year 2010 Com-
prehensive Plan, to se-
cure a minimum benefi-
cial use for the property
Please proof as this was not my normal copy'"
and paste ad. ...
...
Thank you'"
Joan
05/12/2005
AT:2:39:11 PM
PAGE 10f3
05/12/2005 13:48
3058.99
AD TEXT:
REPDF~TER
e
AD COMMENT:
PAGE 02/[13
described below. ...
~s APPLICANT NAME ..
PROPERTY DESCRIP-
TION ..
~s Geneva L. Sutton ..
4-62-39 Island of Key
Largo Pt Gov Lot 1
(1.83AC) OR490-449
OR490-44 7Q OR834-12
43Q/C OR916-2447Q/C
RE#00090400-000300 ..
And ...
4-62-39 Key Largo pt
Gov Lot 1 (2.15AC)
G5-478 G64-556
OR155-58/66 .
OR255-499/500
OR492-367 OR834-124
2Q/C OR916-2447Q/C
OR921-1538Q/C
OR921-1539
OR921-1540
RE#00090370-000000 ..
~s AlE Inc. ..
31 6628 Y66831-04
Sugar Loaf Key Pt Gov
Lot 4 OR445-627/629
OR 1080-81 O/ORD
PROS #88-485-CP-15
OR1080-803/0RD
PROS #88-484-CP-15
OR 1080-806/0RD
PROS #88-486-CP15
OR 1086-2317/2318
RE#00118210-000000 ..
~s Further, pursuant to Stat-
ute 286.105, Florida
Statutes, notice is hereby
given that if a person de-
cides to appeal any deci-
sion made by the hearing
officer of the Board of
05/12/2005
AT:2:39:11 PM
PAGE 2 of3
--UserId=JHIL T / Acct= 625436/ AD#= 2114800.-
85/12/2005 13:48
3058.'3'3
REPiJRTER
Pi!.GE 03/03
e
AD TEXT:
AD COMMENT:
County Commissioners,
he may need a record of
the proceedings, and that
for such purpose, he may
need to ensure that a ver-
batim record of the pro-
ceedings is made, which
record includes the testi-
mony and evidence upon
which the appeal is to be
based. ...
~s ADA Assistance: Anyone
needing special assist-
ance at the hearing due
to a disability should con-
tact the Planning Depart-
ment at (305) 289-2500. <II
~s Publish; OS/20/05 <II
The Reporter <II
Tavernier, FL 33070
05/12/2005
PAGE 30f3
--UserId=JHIL T / Acct= 625436/ AD#= :!114800..
A T:2:39: 11 PM
e
e
Notice of Beneficial Use Hearing
NOTICE IS HEREBY GIVEN as required by Florida StCit~testhata hearingwiU be conducted by
a duly appointed Monroe County Hearing Officer onTyescl@Y,IVI@Y ~4,~005, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, FL 33050, beginning at 10:00 a.m. to
consider the foUowing application for beneficial use pursuant to Policy 101.18.5 of the Monroe
County Year 2010 Comprehensive Plan, to secure a minimum beneficial use for the properties
described below.
Geneva L. Sutton
PROPERTY
DESCRIPTION
4-62-39 Island of Key Largo pt Gov Lot 1 (1.83AC) OR
490-449 OR490-447Q OR834-1243Q/C OR916-2447Q/C
RE#00090400-000300
And
4-62-39 Key Largo pt Gov Lot 1 (2.15AC) G5-478 G64-
556 OR155-58/66 OR255-499/500 OR492-367 OR8,a4,~
1242Q/C OR916-2447Q/C OR921-1538Q/C OR921-153~
OR921-1540 RE#00090370-000000 ...
APPLICANT
NAME
AlE Inc.
31 66 28 Y66831-04 Sugar Loaf Key pt Gov Lot 4 OR445;.
627/629 OR 1080-81 OIORD PROB #88-485-CP-15
OR1080-803/0RD PROB #88-484-CP-15 OR 1080-
806/0RD PROB #88-486-CP15 OR 1086-2317/2318
RE# 00118210-000000
,'~\ f.)
Further, pursuant to ~ 286.0105, Florida Statutes, notice is hereby given that if a per~ori
decides to appeal any decision made by the hearing officer of the Board of County
Commissioners, he may 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. "
.~'.
ADA Assistance: Anyone needing special assistance at the hearing due to a disability should
contact the Planning Department at (305) 289-2500.
Une LegEiI.Ad to be published one time onlv:
The Key West Citizen
Key West, Florida
As Soon As Possible
The Keynoter
Marathon, Florida
As Soon As Possible
The Reporter
Tavernier, Florida
As Soon As Possible
Ad for 5-24--05
. TRANS"155m, VERIFICATlO>l '''.1
DATE,TIME
F A>< !'iO. It-lAME
DURATIOH
PAGE(S)
RESULT
MODE
05112 12: 14
98:;20199
00:00::38
02
Of<
ST ~NDARD
ECH
TIME 05/12/2005 12:15
... TRANSMISSla, VERIFICATION REP~I
DATE, TIfvlE
FAX HO. /HAME
DURATIOH
PAGE(S)
RESULT
~10DE
TIME 05/12/2005 13:20
05.il2 13: 19
92':IE83<l1
~JO: E10: 39
02
01<
ST ,titmARD
ECH
e TRANS~nSSIOt'l \.IERIFICATIm,j REPCel
DATE, TIME
FAX NO./NAME
DURATIDti
PAGE(S)
RESULT
~ll0DE
TIME 85/12/2005 13:15
05/12 13:15
g74:::g5f35
00:00::38
0"
L
Ok
ST At'-iDARD
ECI',!
.
e
Notice of Benefic:ialUs~ Hearin~
NOTICE IS HERESY GIVEN as required by Florida Statutes that a will be conducted by
a duly appointed Monroe County Hearing Officer on at the Marathon
Government Center, 2798 Overseas Highway, Marathon, FL 33050, beginning at 10:00 a.m. to
consider the following application for beneficial use pursuant to Policy 101.18.5 of the Monroe
County Year 2010 Comprehensive Plan, to secure a minimum beneficial use for the properties
described below.
APPLICANT
NAME
Geneva L. Sutton
PROPERTY
DESCRIPTION
4-62-39 Island of Key Largo pt Gov Lot 1 (1.83AC) OR
490-449 OR490-447Q OR834-1243Q/C OR916-2447Q/C
RE#00090400-000300
And
4-62-39 Key Largo pt Gov Lot 1 (2.15AC) G5-478 G64-
556 OR155-58/66 OR255-499/500 OR492-367 OR834-
1242Q/C OR916-2447Q/C OR921-1538Q/C OR921-1539
OR921-1540 RE#00090370-000000
AlE Inc.
31 6628 Y66831-04 Sugar Loaf Key pt Gov Lot 4 OR445-
627/629 OR1080-810/0RD PROS #88-485-CP-15
OR1080-803/0RD PROB #88-484-CP-15 OR 1080-
806/0RD PROB #88-486-CP15 OR 1086-2317/2318
RE# 00118210-000000
Further, pursuant to S 286.0105, Florida Statutes, notice is hereby given that if a person
decides to appeal any decision made by the hearing officer of the Board of County
Commissioners, he may 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.
ADA Assistance: Anyone needing special assistance at the hearing due to a disability should
contact the Planning Department at (305) 289-2500.
. m\1~ffjjeiQaf;!G{altb:t:)e~,pbbTrshed::enecttme. 0JlIV:
The Key West Citizen
Key West, Florida
As Soon As Possible
The Keynoter
Marathon, Florida
As Soon As Possible
The Reporter
Tavernier, Florida
As Soon As Possible
Ad for 5-24-05.doc
LAW OFFICES OF
JOHN J. WOLFE,P.A.
2955 'OVERS gAs' HIGHWAY
MARATHON, FL 33050
TELEPHONE: (305)743-9858
FACSIMilE: (305)743-7489
July 20, 2006
Julie Thomson
Administrative Assistant
Monroe County Planning Commission
Planning Department
2798 Overseas Highway
Suite 410
Marathon, FL 33050
RE: Beneficial Use Determination - Geneva Sutton
Dear Julie:
Enclosed is the Proposed Beneficial Use Determination for Geneva Sutton.
JJW:jd
Cc: Andrew Tobin, Esq.
E. Tyson Smith, Esq.
RECE!VL'
AUG 0 '7 20nR
JJ10NROE COUNTY .ATTOR:::'
BENEFICIAL USE
MONROE. COUNTY SPECIAL MASTER
AUG. 0 7 2006
In Re: Geneva Sutton
Beneficial Use Application
"-)j\lr~"l(!E 1,_:'--:!u~n'Y i\iT,'~j,::': ,'~
I
PROPOSED
BENEFICIAL USE DETERMINATION
The application for a beneficial use determination was considered at a duly noticed hearing
on July 25, 2005, before John J. Wolfe, designated Beneficial Use Special Master for Monroe
County. Andrew Tobin represented the Applicant, Geneva Sutton. Tyson Smith represented Monroe
County. Geneva Sutton, Sandra WaIters of Sandra Walters Consultants, Inc. and Paul Sutton, the son
of Geneva Sutton testified for the Applicant. Having reviewed and heard all evidence presented,
testimony of witnesses and arguments of counsel, the undersigned Hearing Officer makes the
findings of fact and conclusions oflaw and proposes the determination as set forth below.
ISSUE
Whether the Applicant has been denied all reasonable economic use of her property by
application of Policies 203.1.1 and 204.2.1 of the Year 2010 Comprehensive Plan (the "Plan"), and
Sections 9.5-347 and 9.5-348 ofthe Monroe County Code (the "Code"), and whether the Applicant
is entitled to relief under Policy 101.18.5 of the Plan and Section 9.5-173 of the Code. Section 9.5-
347 requires a 100% open space ratio for wetlands. Section 9.5-348 requires a 50 foot setback from
wetlands, which may, in some circumstances, be reduced to 25 feet,
FINDINGS OF FACT
1. The subject property is a portion of Government Lot 1, Section 4, Township 62 East,
Key Largo, Monroe County, Florida, which has not been subdivided. The property has, however,
been described and treated for years as consisting of two parcels, which have been called "Lot 8" and
"Lot 9", and which have been issued separate parcel i.d. numbers by the Monroe County Property
Appraiser. The exact size of the property was not introduced or established at the Hearing, but
according to the testimony and various documents entered into the record, it appears to be 4-5 acres
including the upland and wetland areas. For purposes ofthis Proposed Determination, and for ease of
reference, the property will be described as the "Lots" with references to the individual parcels, "Lot
8" and "Lot 9" as appropriate. The Lots are in the Sparsely Settled (SS) land use district. The Lots
are vacant.
2. The Applicant (originally with her husband) purchased Lot 8 and one-half of Lot 9 in
1971 for approximately $27,000 and the other half of Lot 9 in 1984 for approximately $60,000-
$64,000. The Applicant purchased the property with the expectation of developing the property with
either a small condominium development or one or more single-family residences.
. .
. . .
3. While not conclusively established by evidence presented at the Hearing, the parties
agreed that The Lots were zoned GU when purchased. Prior to adoption ofthe 1986 Comprehensive
Plan, a moratorium on "major development" was put into effect around 1983-1984, which prohibited
development on the Lots. This effected the Applicant's ability to develop the Lots after she had
acquired title to the remaining one-half of Lot 9 in 1984. The Lots were subsequently zoned Native
, Area (NA), but the Applicant was able to have them rezoned Sparsely Settled (SS) in 1988, which, as
stated above, they remain today. The Applicant had applied for Suburban Residential (SR) zoning,
but that was denied.
4. There was testimony that the Applicant's husband had some type of approval to build
up to 10.3 condominium units in the mid 1970, but that was not acted upon, apparently due to lack of
funds to develop the property. After acquiring the other half of Lot 9, in 1984 and after the
moratorium on major development had ended, the Applicant attempted a number of times from 1989
trough 1997 to determine what she could build on the Lots. The Applicant introduced various items
of correspondence with the County. Two of the items are particularly relevant. The first is an April
25, 1989 letter from Robert Smith, Senior Biologist and Lorenzo Aghemo, Planner, which concludes
that with the SS zoning, the Lots are unbuildable (it goes on to say if the Lots were rezoned SR,
sufficient development rights could be transferred in to build). In 1996, the Applicant applied for a
building permit to construct a single family residence on Lot 8. The application was denied, and the
Applicant appealed to the Monroe County Planning Commission. An April3, 1997 staff report to the
Planning Commission prepared by Antonio Gerli and Ralph Gouldy, recommended denial of the
appeal. The report referenced and agreed with the 1989 letter from Smith and Aghemo, and
concluded that the Lots were unbuildable. As will be discussed below, the report concluded that the
buildable area of Lot 8 is only 300 square feet. The report further concludes that even if Lots 8 and 9
are combined, the Lots still are not buildable. Applicant concedes that she has made no further
attempts to obtain building approval or relief since 1997.
5. Several constraints exist that make the Lots unbuildable. The salt marsh and
buttonwood area on the Lots total 10,783 square feet and the hammock area totals 11,841 square
feet. The remainder of the Lots consists of mangrove. As stated above, the open space requirement
for the wetland area is 100%. When all applicable setbacks, including the setback from wetlands
required by Section 9.5-348 are ~pplied, the buildable area is approximately 300 square feet
6. The Applicant, in an attempt to resolve this matter as consistent as possible with both
her goal to construct a single family residence on the Lots and the applicable provisions ofthe Plan
and Code requirements, and to avoid a takings claim, proposed in her Application for the Beneficial
Use Hearing and at the Hearing, the construction of one single-family residence on the combined
Lots. The proposed house would have a footprint of2,000 square feet, which is the maximum square
footage allowed to qualify for the reduced 25 foot setback from wetlands pursuant to Section 9.5-
348( d)(7). This would require a 12.5 foot variance from the 25 foot front yard setback requirement.
Side yard setbacks would be met. The house would be located on the least environmentally sensitive
portion of the Lots on the upland area of disturbed hammock. The remainder of the Lots would be
placed under a conservation easement. The proposed location ofthe house was shown on Attachment
6 to the Application. Development rights. from both Lots would be applied.. It was not clear whether
additional development rights would need to be transferred in, but the parties believed that no
transfers of development rights are allowed in the SS zoning district (this was not confirmed).
7. Monroe County appeared at the Hearing only through its counsel. No testimony was
given and no evidence was presented by the County. The County took the position that the
Applicant's right to reliefthrough the beneficial use determination process had expired on statute of
limitations grounds. The County moved to dismiss the proceeding based on this argument. Through a
post -hearing brief requested by the special master, counsel for the County cited a number of cases to
support its position. The County also took the position that, because the Lots were buildable at some
point during the ownership of the property beneficial use was not applicable. The County further
believed that, in any event, the Applicant had not proven that she had been deprived of all economic
value. The County further contended that the Applicant had the burden of showing whether the
offending regulations advanced a legitimate governmental interest. In addition, the County took the
position that the relief requested by the Applicant, a request for a building permit for a single family
residence, was not available to them, because just compensation is the preferred method. Thus, the
County did not respond to the merits of the Applicant's proposed relief other than to say it was not
available.
CONCLUSIONS OF LAW
8. Policy 101.18.5 of the Plan provides that neither the provisions ofthe Plan, nor the
Land Development Regulations (the "Regulations") shall deprive a property owner of all reasonable
economic use of a parcel of real property which is a lot or parcel of record as ofthe date ofthe Plan.
This policy further provides that a property owner may apply for relief from the literal application of
applicable Regulations or of the Plan when such application would have the effect of denying all
economically reasonable use of that property unless such deprivation is shown to be necessary to
prevent a nuisance or to protect the health, safety and welfare of its citizens under Florida Law. All
reasonable economic use is defined as "the minimum use of the property necessary to avoid a taking
within a reasonable period of time as established by current land use case law".
9. Section 9.5-173 of the Code implements the procedure contemplated by Policy
101.18.5 and provides that in order to establish an entitlement to Beneficial Use relief an Applicant
must demonstrate that "the Comprehensive Plan and land development regulations" deprive the
Applicant of all reasonable economic use of the Lot.
10. As is made clear by Policy 101.18.5, the standards applied to determine whether a
regulatory taking has occurred are constitutionally based as set forth in current land use case law.
This subject has been addressed by the U.s. Supreme Court in a number of cases, but there are two
notable cases applicable to the facts presented here. Both cases involved landowners who claimed
that they had been deprived by government regulation of all economically beneficial use of their
property.
. .
III Lucas v. South Carolina Coastal Council, 50S U.S. 1003" 112 S.Ct. 2886,120 L.Ed. 798
(1992), the property owner had purchased two ocean front lots to build single family homes. Two
years later all development on the lots was prohibited by South Carolina's Beachfront Management
Act. The Court confirmed the standard that when government regulations deny all economically
beneficial or productive use ofland, the property owner is entitled to compensation as a taking. In the
Lucas case, clearly all use was prohibited.
In Palazzolo v. Rhode Island, 533 U.S. 606, 121 S.Ct. 2448, 150 L.Ed. 2d 592 (2001), the
property owner had purchased approximately 20 acres ofland for development. Many years later,
but prior to development, regulations promulgated by the Rhode Island Coastal Resources
Management Council designated salt marshes of the type on the Palazzolo property as protected
coastal wetlands and significantly limited development. When his development project was turned
down, the property owner sued alleging a taking under the Lucas standard. In that case, a portion of
the land was still developable, which was ascertained to have $200,000 of development value. While
this was significantly less than the development value of the parcel as a whole, the Supreme Court
upheld the Rhode Island Supreme Court's holding that all economically beneficial use was not
deprived. Id at 630.
11. While it may well have been prudent for the Applicant to pursue relief on a more
timely basis, I conclude that the Applicant is not precluded from seeking relief through the County's
beneficial use determination process as a result of the four year statute of limitations cited by the
County. Neither the Code nor the Plan establishes a deadline to apply for such relief. Whether the
Applicant is barred from pursuing a takings claim in court by the statute would be for a court to
decide at that time. I also do not find merit in the argument that because the Lots were buildable at
some time during the ownership by Applicant, that reliefwould not be appropriate. It was only when
the Lots became unbuildable that a potential claim ripened. I also conclude that the type of relief
requested by the Applicant is not prohibited by the Section 9.5-173. Just compensation is the
preferred option, but is not required. Indeed, Section 9.5-173(a)(2) sets forth the other types of relief
which may be appropriate.
12. Applying the standard to the facts presented herein, it has to be concluded that the
inability to construct even one single family residence on the combined Lots under the Plan and
Regulations in effect at the time the Applicant filed the subject Beneficial Use Application would
deny the Applicant all reasonable economic use of the Lot. There is no disagreement that all
development on the Lots is prohibited by the operation of Sections 9.5-347 and 9.5-348, though the
County did not respond to the proposal of the Applicant as a potential way to build in conformance
with the Plan and the Code. Just compensation being the preferred option under the Code is what I
recommend. However, the diminished value of the Lots should be determined as of the time the
offending regulations took effect, which was in 1986. There is no basis for a valuation determined as
of a date almost 20 years later when the Application was made. The County is not prohibited,
however, in any way by Section 9.5-173 from providing relief ofthe type proposed by the Applicant.
I have recommended just compensation, because, there was no evidence or comment by the County
on the merits of such relief as an alternative.
.. . . .
PROPOSED DETERMINATION
Based upon the above Findings of Fact and Conclusions of Law, in the absence of any
concurrence by the County with the Applicant's proposal or any similar alternative, I recommend to
the Board of County Commissioners that a final beneficial use determination be entered awarding
just compensation to the Applicant to be determined as of 1986 when the Lots became unbuildable
by operation of the Plan and Code.
DONE AND ORDERED this 19th day of July, 2006.
1
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4
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~ ,ff'(tJ~
MONROE COUNTY, FLORIDA
BENEFICIAL USE HEARING
RE: GENEVA SUTTON, APPLICANT
COP~f
9
Marathon Government Center,
Marathon, Florida,
Monday, 2:15 p.m.,
July 25, 2005.
The above-entitled cause came on for hearing
before John Wolfe, Esq., as Hearing Office, pursuant to
notice.
APPEARANCES:
On Behalf of the Applicant
ANDREW TOBIN, Esq., and
SANDRA WALTERS, Consultant
On Behalf of Monroe County
TYSON SMITH, Esq.,
ALSO PRESENT: GENEVA SUTTON
PAUL SUTTON
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
2
1
HEARING OFFICER WOLFE: Okay. This is a hearing,
2
a beneficial use hearing for Geneva Sutton which they have
3 requested pursuant to an application filed with the county,
4 and I think we can go around and identify for the record who
5 1S present. Andy, you want to start?
6
MR. TOBIN: Okay. My name is Andy Tobin, and I'm
7 an attorney and I represent the petitioner.
8
MS. WALTERS: I'm Sandy Walters of Sandra Walters
9 Consultants, for the property owners and representing the
10 property owners.
11
MR. SUTTON: My name is Paul Sutton. I am the
12 son of Geneva Sutton, the owner of the property.
13
14
15
MS. SUTTON: My name is Geneva Sutton. I'm the
owner of the property.
MR. SMITH: I'm Tyson Smith, an attorney
16 appearing of behalf of Monroe County.
20
17
HEARING OFFICER WOLFE: And for the record, I'm
18 John Wolfe, the hearing officer.
19
MR. TOBIN: Would you like us to start?
HEARING OFFICER WOLFE: I was going to say, Andy,
21 why don't you start because you've applied for the
22 beneficial use hearing?
23
MR. TOBIN: Okay.
I guess the first thing I need
24 to know is, is there a staff report? We did not get one.
25
We understand that one was in the process of being prepared.
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
3
1
MR. SMITH: That's right. One has not been
2
prepared, Your Honor. Let me explain a little bit about how
3 this has come about.
4 I represented the county, as you know, on a
5 number of matters over the last several years. This is the
6 first time I have worked with them on a BUD application. My
7 reading of the ordinance and of the comprehensive plan, when
8 it comes to the BUD, it describes what's required in the
9 BUD, is that the applicant bears the burden of showing that
10 the property, based on the LDRs with the comp plan in place
11 when the application is submitted, has no reasonable
12 economic use based upon current law.
13
So it's my position that it's not appropriate for
14
the county to submit a detailed outline of beyond perhaps
15 some factual background, "Here is the zoning," but that we
16 wait and hear the applicant's story, the applicant's case,
17 so for that reason, we've not had staff finalize or prepare
18 a staff report and we reserve our case for after the
19 applicant presents theirs.
20
HEARING OFFICER WOLFE: Okay.
21
MR. TOBIN:
I would object to them reserving
22 anything. My opinion is if we're going to have a hearing,
23 then I think --
24
HEARING OFFICER WOLFE:
I assume he meant for
25
today at the hearing.
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
4
1
MR. SMITH: Correct.
2
HEARING OFFICER WOLFE: Right.
3
MS. WALTERS: I'd like to ask a question.
I
4 mean, it seems that we are already presenting our case in
5 submitting a beneficial use application with attachments and
6 documentation of our progress and explaining it in great
7 detail.
8 It seems totally appropriate, since the county
9 has seen our case, that we would see their reaction to our
10 case.
11
HEARING OFFICER WOLFE: Well, you will, you will.
12 He wants you to go forward first, and all he's saying is
13
they're not going to provide a written -- I believe that's
14
what you're saying.
15
MR. SMITH: That's it.
16
HEARING OFFICER WOLFE: Right. We will hear what
17 the county has to say, but I think we want to first hear
18 what you have to say.
19
Now, it's true in the past, in the past from
20 hearings that I have conducted, that the county was in the
21 practice of preparing a memorandum, and what Tyson is saying
22 is that the practice isn't being followed anymore, but
23 obviously the county is going to say what they want to say
24 and today is the day to say it because today is the hearing.
25
MR. TOBIN: Sandy, why don't you just tell
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
5
1 Mr. Wolfe what you've done in connection with the beneficial
2
use determination and what documents you've submitted?
3 Let's go through your package, briefly, and file.
4
I'll tell you, I have
HEARING OFFICER WOLFE:
5 read it so it doesn't have to be in exhaustive detail, but
6 the more you can flesh this out, it will be helpful, as Andy
7 says, and particularly concentrating on what the applicant
8 wants out of this hearing.
9
MR. SMITH: May I interrupt very quickly?
10
HEARING OFFICER WOLFE: Yes.
11
MR. SMITH: Point of procedure here.
I don't
12 know how formally you handle these. My take is rather
13
informally.
14
Is Sandra's testimony here seen as presented in
15 traditional cross, direct type of presentation, or more
16 informally, "Let's discuss this," and I have an opportunity
17 to ask her some questions?
18
HEARING OFFICER WOLFE: That's more informally,
19 though I will swear her in, and as usual, I will not swear
20 the attorneys.
21
MR. SMTTH: Good, right.
22
HEARING OFFICER WOLFE: So before you start.
23 (THEREUPON, MS. WALTERS WAS DULY SWORN ON OATH BY THE
24 HEARING OFFICER.)
25
HEARING OFFICER WOLFE: Thank you.
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
10
6
1
MS. WALTERS: I might suggest for ease of just
2
for convenience, you may want to swear in my clients as well
3 now.
4
HEARING OFFICER WOLFE: Okay, that's fine.
5
MS. WALTERS: So as not to do it again later when
6 they might need to speak.
7
HEARING OFFICER WOLFE: Okay, and this is all,
8 right?
9
MR. TOBIN: Paul and Geneva.
HEARING OFFICER WOLFE: Yes.
11 (THEREUPON, MR. AND MS. SUTTON WERE DULY SWORN ON OATH BY
12 THE HEARING OFFICER.)
13
14
MS. WALTERS: The Suttons contacted me sometime
back early 2004, largely out of a great deal of frustration,
15 because as you you see from the documents described in here,
16 they have spent a great number of years back and forth and
17 back and forth with Monroe County and various attorneys and
18 representatives and trying to determine what, how this
19 property could be lawfully used for some economic purpose,
20 and they received very, very conflicting inputs.
21
Their file is quite large. This is actually only
22 a portion of it sorted out with a whole number of documents,
23 and they basically provided me at that time, you know, all
24 of these documents, and I and my staff went through them in
25
great detail.
All Keys Reporting - Court Reporters - (305) 289-1201
Locations in Key Largo, Marathon & Key West
.
.
.
10
7
1
And probably the most telling item was one that
2
they received relatively recently in 1997, which was a staff
3 memorandum recommending denial for a building permit.
4
MR. TOBIN: Would you identify the documents that
5 you're referring to, please?
6
MS. WALTERS: Certainly.
7
MR. TOBIN: And the packet, I guess we'll start
8 out using this packet as sort of our evidence, and maybe you
9 could identify it.
MS. WALTERS: Okay.
It's Item Number Two A,
11 attachments, Two A, April 3rd, 1997, county staff report
12 regarding a building permit application, and on Page Three
13
-- excuse me, Page Four, under staff recommendation, it
14
states the staff recommends denial of the appeal.
15 This was actually an appeal of a denial, so it
16 had already gone through an application, denial, appeal of
17 the denial, and recommendation of another denial of that
18 appeal.
19 The staff recommends denial of the appeal and
20 also recommends that Miss Sutton seeks relief via the
21 beneficial use process.
22 My first comment was to her that it was a shame
23 that they didn't move on that then because they have been
24 you know, some years had gone by, and apparently this was
25
missed by everyone involved with the case back then.
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1
After thorough review of their file, it
2
definitely appeared to me as a professional environmental
3 and land use planning consultant that they had spent a great
4 deal of due diligence attempting to determine what they
5 could do with this property and had been consistently, and
6 ultimately consistently told, "You can't use it," even to
7 the point of recommendation of filing for beneficial use
8 from the county staff themselves.
9 And so we proceeded to prepare the application.
10 I have visited the site and confirmed the site conditions as
11 they have been described in previous documents.
12 Just as a run-through for the record, other
13
attachments that we submitted included a letter dated April
14
14th, 1992, from Attorney James Mattson to the county
15 planning director outlining a review of the case and asking
16 for the county's response as to what could be done with the
17 property, and they never received a response.
18 Going back in time, March 4, 1991, letter to
19 Mrs. Sutton, which is Attachment Two C -- the one I just
20 mentioned from James Mattson is Attachment Two B.
21 Attachment Two C is a letter to Mrs. Sutton that for some
22 reason was not signed and so I can't tell you who wrote it.
23
MR. SMITH: Your Honor, we'd object to the
24 consideration of this document as the basis for a finding of
25
fact or a conclusion based on the fact that it's unsigned.
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MS. SUTTON: Do what now? Repeat that.
MR. SMITH: I'm just objecting to the admission
of a document.
MR. TOBIN: Which document are you objecting to?
MS. WALTERS: Attachment Two C.
2
3
4
5
6
HEARING OFFICER WOLFE: Two C.
7
MR. TOBIN: What is that? Is that the March 4,
8 1991 letter?
9
MS. WALTERS: Right.
It's difficult for me to
10 see why we can blame Ms. Sutton for the fact that they
11 didn't sign their own letter to her. It's clearly from the
12
13
14
county.
It has the Plantation Key Government Center
letterhead at the top and is addressed directly to her.
There's actually carbon copies indicated at the bottom of
15 the page, on the third page, to the tax collector and the
16 board of county commissioners.
17 So it was a formal transmittal on the part of the
18 county to Mrs. Sutton.
19
MR. TOBIN: Excuse me, Sandy. Do we have the
20 letter that Jim Mattson refers to in the letter, the letter
21 that was signed by Lorenzo Aghemo and Bob Smith April 25th,
22 1989?
23
MS. WALTERS: I believe it's one of our
24 attachments. Let's see. April 25th, 1989, is Attachment
25
Two F.
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MR. TOBIN: Two F?
2
MS. WALTERS: Uh-huh.
3
MR. TOBIN: Okay. Why don't we just go to that
4 one?
5
MS. WALTERS: Okay, and that attachment, Two F,
6 refers to an examination of the property, and this is signed
7 by Robert Smith, the senior biologist, and Lorenzo Aghemo.
8
They list him as planner.
I thought he was planning
9 director; maybe not at that point.
10 They described the site, described allocated
11 density, maximum net density, and states that she would have
12 a density allocation of 0.70 units net density of three
13
14
16
units per buildable acre, and they note it's possible to
construct one unit on your property if you transfer 0.3
15 development rights from other suitable site.
I might note in this regard, and that that is
17 precisely on the immediate adjacent parcel to the north
18 owned by Mrs. Sutton's brother, what he ultimately did
19 accomplish, I believe, 1991, he was able to acquire a
20 building permit on a lot with many similar environmental
21 characteristics to this one parcel.
22
MS. SUTTON: Right next door.
23
MS. WALTERS: Just to the north of this, and he
24 transferred development rights to the parcel to qualify for
25
the density standards on the property.
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1
MR. TOBIN: Why don't we clear that issue up
2
right now and look at the survey? And maybe, Geneva, you
3 can tell Mr. Wolfe which parcel you own --
4
MS. SUTTON: Sure.
MR. TOBIN: -- and when you bought it --
MS. SUTTON: Sure.
MR. TOBIN: -- and when your brother bought it.
MS. WALTERS: Do you want to use the large one?
MR. TOBIN: Either one, whichever is more
5
6
7
8
9
10 convenient.
11
HEARING OFFICER WOLFE: We can try the small one
12 and see if we need to use the large one.
13
14
15
MR. TOBIN: Do you have a packet?
MS. SUTTON: Yes.
MS. WALTERS: We have several.
I have an extra
16 one, because I have the original.
17
18
19
MR. SMITH: Okay.
MS. WALTERS: In this compositive figure --
HEARING OFFICER WOLFE: And for the record, this
20 is Attachment Six to the application.
21
22
23
. WALTERS: Correct.
HEARING OFFICER WOLFE: Correct?
MS. WALTERS: Yes. Mrs. Sutton owns Parcels
24 Eight and Parcel Nine. The parcel directly to the north,
25
which I assume is Parcel Seven, and we can check that on the
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1 oversized, is the one that was owned by her brother.
2
MS. SUTTON: Yeah. There was three parcels in
3
the beginning, this Eight, Nine and Ten.
I had Eight and
4 Nine and my brother had Ten.
5
MS. WALTERS: Yes, there was a question?
6 MS. SUTTON: There was never -- I had nothing
7 ever to do with Ten. We purchased --
8
MS. WALTERS: I had it backwards, I guess.
9
MS. SUTTON: We purchased Eight and Nine in 1971.
MR. SMITH:
I'm sorry. Excuse me, Mrs. Sutton,
11 could you repeat that?
12
13
14
15
16
MS. SUTTON: Purchased, we purchased Eight,
Number Eight in 1971. That was Russell R. Sutton and Geneva
L. Sutton.
MR. SMITH: Is that your husband?
MS. SUTTON: Yes, my ex-husband, and Number Nine,
17 we were -- it was Geneva Sutton, Russell Sutton and Marjorie
18 Ward and Bob Ward. There were four of us that owned Number
20
19 Nine.
MR. SMITH: Could you name those again for me,
21 please? I'm sorry.
22
MS. SUTTON: Bob Ward.
23
MR. SMITH: Okay.
24
MS. SUTTON: And Marjorie Ward.
25
MR. SMITH: Okay.
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MS. SUTTON: And Number Ten.
2
MR. TOBIN: Who are the other two?
3
MS. SUTTON: Pardon?
4
MR. TOBIN: There was four.
5
MS. SUTTON: Four, my husband
6
MR. TOBIN: Geneva
7
MS. SUTTON: -- Russell.
8
MR. TOBIN: -- Russell Sutton?
9
MS. SUTTON: Right.
MR. TOBIN: Who is Russell Sutton?
MS. SUTTON: That's my ex-husband, Bob Ward and
12 Marjorie Ward.
13
14
15
MR. TOBIN: That was purchased at a separate
time?
MS. SUTTON: No. Even Ten, Marjorie had Ten and
16 we didn't have nothing to do with that. That's one my
17 brother had.
18
MR. TOBIN: Okay. So you and your husband bought
19 Eight together?
20
21
MS. SUTTON: Right.
MR. TOBIN: And then Nine was bought with four of
22 you?
23
24
25
MS. SUTTON: Four of us.
MR. TOBIN: And then Ten was bought by who?
MS. SUTTON: That didn't belong to me.
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MR. SUTTON: Robert Ward.
MS. SUTTON: Robert Ward owned that and he sold
3 it to my brother.
10
11
12
13
14
4
5 tha t we're
6
7 all of my
8
9 developed?
MR. TOBIN: Tell us about Nine. That's the one
MS. SUTTON: Nine, Number Nine, we transferred
MR. TOBIN: I'm sorry, let me back up. Eight got
MS. SUTTON: No.
MR. SUTTON: Yes.
MS. WALTERS: Ten?
MR. TOBIN: Which one did your brother develop?
MS. SUTTON: Ten.
15 MR. TOBIN: Ten, okay.
16 MR. SMITH: I think these are misnumbered on the
17 survey, Attachment Six. The parcels appear to be
18 misnumbered.
19
20
21 certain.
22
23
HEARING OFFICER WOLFE: That's all right.
MS. WALTERS: Let's get the big ones to be
MR. TOBIN: Let's get out the survey.
MS. WALTERS:
I apologize. We double checked
24 those before we labeled them.
25
MR. TOBIN: Who has the survey?
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MS. WALTERS: The two enlarged drawings, where
2
did they go?
3
HEARING OFFICER WOLFE: The survey.
4
MS. WALTERS: Here is the one.
MR. SMITH: You gave it back to me.
MS. WALTERS: And the other was in your file.
MS. SUTTON: Okay, that's got all three parcels
on that one.
MR. TOBIN: Okay, and we're here today on parcel,
5
6
7
8
9
10 which parcel, which parcel are we here on?
11
12
13
14
20
21
MS. WALTERS: These two.
MS. SUTTON: Eight.
HEARING OFFICER WOLFE: Eight and Nine, right?
MS. WALTERS: I'm not sure, because we double
15 checked it pretty carefully, we labeled it backwards. This
16 must be Eight, Nine and Ten.
17
HEARING OFFICER WOLFE: Can we open this all the
18 way?
19
MS. WALTERS: Sure.
MS. SUTTON: Yeah, that's right, uh-huh.
MS. WALTERS: We'd have to pull the county plan
22 map. I think it's actually in our application. We have a
23 copy of the county zoning map.
24
MR. TOBIN: The point is that you own Eight and
25
Nine now?
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MS. SUTTON: Correct.
2
MR. TOBIN: And you're seeking development
3
MS. SUTTON: One house on both.
4
MR. TOBIN: -- one house on both of the parcels,
5 0 ka y .
6
MS. WALTERS: Combined parcels, total of two
7 parcels.
8
MR. SMITH: And then Miss Sutton --
9
MS. SUTTON: No.
MR. TOBIN: Never had any ownership --
MS. SUTTON: I never had anything to do with
12 Number Ten.
13
MR. SMITH: Got you.
14
MR. TOBIN: Just to clear up the parcel as a
15 whole problem, Ten is not --
16
17
18
19
MR. SMITH: I understand.
MR. TOBIN: involved in this?
MS. SUTTON: I never had my name on that.
MR. TOBIN: We're seeking beneficial relief on
20 Eight and Nine today.
21
22
23
MS. WALTERS: In the form of one unit, total.
MR. TOBIN: Okay.
MS. WALTERS: Because there was a question that
24 came up earlier about that, so.
25
MS. SUTTON: But I acquired that from Bob Ward in
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1 ' 89.
2
'84 or '89?
MS. WALTERS:
3
'84.
MS. SUTTON:
4
HEARING OFFICER WOLFE: I saw '84 in there
5 somewhere.
6
MS. WALTERS: Okay, very good.
7
MR. TOBIN: So we were back to attachment, the
8 Aghemo/Smith letter. Where is that letter?
9
MS. WALTERS: So now I've got it clear in my own
10 mind. These lots are both '71. She bought it from the
11 Wards in '84.
12
MS. SUTTON:
, 84.
13
MS. WALTERS: Got it.
14
MS. SUTTON: That's what I was telling you coming
15 down here.
16
MS. WALTERS: I apologize because I wasn't
17 totally clear on that myself.
18
MR. TOBIN: As long as we have you testifying,
19 you know, why don't you tell the hearing officer, Mr. Wolfe,
20 what has been your experience in terms of what you thought
21 you could do with the property when you bought it?
22 And just sort of bring us forward on what you
23 were thinking you could do with the property when you bought
24 it and how things changed.
25
MS. SUTTON: Okay, okay. We bought it in '71,
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1 and approximately 1975, my ex-husband was a builder at the
2
time and he wanted to put condos on there, and they gave him
3 a -- changed the zoning to 10.33 units per acre. It was
4 eight acres all together then.
5 And then we divorced in '76, and this was awarded
6 to me and he took the business, and then I came down here in
7 '83, right after I bought that property, and they told me
8 that I couldn't do anything because there was an
9 environmental freeze, I couldn't build on anything over five
10 acres. It was considered major development.
11 MR. SMITH: Miss Sutton, I'm going to interrupt
12 you very quickly here. What year was that?
13
14
15
MS. SUTTON: It was '83, '84, right after I got
this property, or it might have been in '83.
HEARING OFFICER WOLFE: But it was after you had
16 acquired ownership of both parcels?
17
18
19
20
MS. SUTTON: I think so.
MR. SMITH: That was approximately '84?
MS. SUTTON: Yes.
MR. TOBIN: Let me, just for purposes of this
21 hearing, and it's informal, but I would ask that you take
22 judicial notice of the fact that before the adoption of the
23 1986 comprehensive plan, the county in about '83 put on a
24 major development moratorium, anything above five acres, and
25
there was a lot of other criteria, could not be developed.
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1
MS. WALTERS: Actually, wasn't it four acres?
2
HEARING OFFICER WOLFE: Do you agree?
3
MR. SMITH: I can't verify that.
I know there
4 was a major moratorium, but frankly, '83 doesn't sound
5 familiar.
6
MR. TOBIN: I think it was '84.
7
MR. SMITH: '84, but I can't verify it.
8
MR. TOBIN: Okay.
9
MS. SUTTON: So then they said I'd have to go in
10 for a rezoning, finally, I went in for rezoning to
11
MR. TOBIN: Is that when your property was zoned
12 native?
13
14
15
16
MS. SUTTON: It was zoned native at the time.
MR. TOBIN: And you asked for a map amendment?
MS. SUTTON: Right.
MR. TOBIN: And that was after the adoption of
17 the 1986 comprehensive plan, right?
18
19
20
21
MS. SUTTON: Uh-huh.
MR. TOBIN: Just--
MS. SUTTON: They didn't do anything.
MR. TOBIN: Just to clear up the record, how many
22 lawyers have you --
23
24
25
MS. SUTTON: Oh, my God.
MR. TOBIN: have you hired in the past 20
years? You hired Mattson and Tobin?
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12
13
14
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20
1
MS. SUTTON: I had two.
2
MR. TOBIN: You hired Frank Greenman?
3
MS. SUTTON: Yep.
4
MR. TOBIN: You hired Tittle?
5
MS. SUTTON: Mattson, but I was working and I
6 didn't have time. It took everything I could do to pay the
7 taxes. It was $2,000 a year taxes.
8
MR. TOBIN: Okay, in any event, ln '86 or so,
9 '87, perhaps, the property was zoned --
MS. SUTTON: And they rezoned it for S5.
MR. TOBIN: Does anybody know the date of that?
MS. WALTERS: Yes.
It's in the summary.
MR. TOBIN: Is that in the summary? Let's just
see if we can get --
MS. SUTTON: You know, that they said that I
16 could build one house regardless of habitat. Let me look.
17 I brought it.
18
MR. SMITH: Andy, do you mind if I interject
19 questions?
20
21
22
MS. SUTTON: Sure.
MR. TOBIN: Of course not.
MR. SMITH: Miss Sutton, you said after your
23 rezone in 1988 to SS, the county told you, you could build a
24 unit?
25
MS. SUTTON: No.
I think that was, it was on one
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1 of the papers that I had. I don't know where it was, but.
2
MR. SMITH: Okay. Sandy, do you have that?
3
MS. SUTTON: I could find it.
4
MS. WALTERS: I might be able to find it here.
5 The county zoning map shows on August 8th, 1988, it is zoned
6
It was previously NA and it was changed to SS.
SS.
7
MR. TOBIN: The ordinance is 39-1987, and that
8
was approved by DCA by Rule
and I won't bother reading
9 that into the record, okay, so then we've got SS.
10 And do you recall seeing, do you recall seeing my
11 partner, Jim Mattson? Do you remember
12 MS. SUTTON: Uh-huh.
13
14
15
MR. TOBIN: -- meeting Jim?
MS. SUTTON: Uh-huh.
MR. TOBIN: Do you remember seeing this letter
16 that he wrote?
20
17
MS. SUTTON: Oh, yes, uh-huh, uh-huh.
18
MR. TOBIN: Okay, on April 14th, 1992?
19
MS. SUTTON: Right.
MR. TOBIN: Okay, and so the first page of that,
21 you see where he says, "Mrs. Sutton received the attached
22 letter nearly three years ago dated April 25th, 1989, signed
23 by you and Bob Smith"? Do you remember seeing that letter?
24 MS. SUTTON: Uh-huh, right.
25
MR. TOBIN: The county sent that to you, right,
AIl Keys Reporting - Court Reporters - (305) 289-1201
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22
1 and--
2
MR. SMITH: Excuse me. For the record,
3 Mrs. Sutton, you did receive the 1989 letter from Lorenzo,
4 Bob Smith?
5
MS. SUTTON: Uh-huh, yes.
6
MR. TOBIN: And you've tried to develop this
7 property?
8
MS. SUTTON: After I -- let's see. Well, I get
9 so confused. I knew we went in for a building permit and
10 they denied it, said no, I couldn't build. In fact, Nico or
11
whatever her name made me sign a paper that before I even
,
12 put my building permit in, I couldn't build on it, and I
13
14
knew you had to have it to get -- for beneficial use and
all, so I went ahead and got --
15
MR. SUTTON: Can I interject something?
16
MR. TOBIN: You'll have a turn in a second.
17 Okay, do you recall getting, when Frank Greenman was your
18 attorney, do you remember getting a copy of this memorandum?
19 It should be Attachment Two A in front of you.
20
MS. WALTERS: That was the writing I referred to
21 earlier where the staff recommended denial.
22
MR. TOBIN: Do you see where it says on Page Two
23 at the top
24
25
MS. SUTTON: Uh-huh.
MR. TOBIN: -- decision being appealed, denial of
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23
1 building permit?
2
MS. SUTTON: I remember that.
3
MR. TOBIN: You applied for a residence, didn't
4 you?
5
MS. SUTTON: Right.
6
MR. TOBIN: An you got turned down?
7
MS. SUTTON: Right.
8
MR. TOBIN: Okay, and then you sought an appeal
9 of that, right?
MS. SUTTON: Correct.
HEARING OFFICER WOLFE: Can I interject? It says
12 only Parcel Eight at that time, Permit Number 96-3-2644.
13
14
15
16
18
19
MR. TOBIN: And to clarify, Miss Sutton, this was
just for Parcel Eight, correct?
MS. SUTTON: Correct.
MR. TOBIN: Okay, and do you recall what happened
17 to this appeal that you filed?
MS. SUTTON: They denied that too.
MR. TOBIN: They denied it, the staff recommends
20 denial of the appeal, and also recommends that Mrs. Sutton
21 seek relief via the beneficial use process. Okay.
22
Now, I would like to ask the county at this point
23 to produce that file, that appeal file, maybe while we're
24 going through the rest of our testimony.
25
MR. SMITH: Yes, I'll see if they have that
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1 handy.
2
MR. TOBIN: Great.
3
MR. SMITH: Can we take a brief break, if I can
4 step out of the room, the appeal file?
5
MR. TOBIN: Yes.
6
MR. SMITH: I don't think it's with the building
7 permit file, but the appeal file. We're in luck.
8
MR. TOBIN: Thank you very much.
9
(THEREUPON, A BRIEF RECESS.)
10 MR. TOBIN: While we're waiting, let me just
11 change topics here. Do you remember --
12
13
14
HEARING OFFICER WOLFE: Back on the record.
MR. TOBIN: We're back on the record, Miss
Sutton, and do you recall applying for a map amendment from
15 do you remember -- you just told us that you applied from
16 NA to SR.
17
18
MS. SUTTON: Uh-huh.
MR. TOBIN: And Mr. Craig, apparently that went
19 through, and we're going to introduce that map change. Do
20 you also
21
HEARING OFFICER WOLFE: Wait, wait. From NA to
22 SS?
23
24
25
MR. TOBIN: Yes.
MS. SUTTON: It did go SR but they gave SS
instead.
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1
25
MS. WALTERS: The original application was to SR,
2
and I guess back then the planning commission could just
3 override that and say, "We'll give you SS instead."
4 MS. SUTTON: That's the way it was.
5 MR. SMITH: You have to put this, this back in
6 the same order.
7
MR. TOBIN: I know, the same order that I found
8 it.
9
MR. TOBIN: We're gOlng to clip that.
MR. SMITH: They're probably --
MR. TOBIN: Things with folds in them, I will put
12 back.
13
14
15
MS. WALTERS: I had not intended to get those
stapled.
MR. TOBIN: That's okay. There is the deed.
16 There is the surveys.
17
18
19
MR. TOBIN: Here is your file back, Tyson.
MR. SMITH: Okay.
MR. TOBIN: I'm going to grab these while I can.
20 Okay, we're going to put --
21
MR. SMITH: Can I have one copy of whatever was
22 copied?
23
24
25
MR. TOBIN: This isn't in yet.
MS. WALTERS: This is not in.
HEARING OFFICER WOLFE: Before we introduce it,
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20
21
22
25
26
1 let's go ahead and introduce the whole application in
2
evidence. Do you have the exhibit?
3
MR. TOBIN: Let's make that one composite Exhibit
4 One, and we'll refer to each one of the exhibits as A, B, C
5 and D.
6
HEARING OFFICER WOLFE: The exhibits to Exhibit
7 One as they are labeled in here.
8
MR. TOBIN: Okay. We can just use the
9 labeling
MR. SMITH: This is just Exhibit Number One?
HEARING OFFICER WOLFE: The entire application is
12 Exhibit One with all the attachment.
13
MR. SMITH: And I would just renew our objection
14
to the admission of the unsigned letter.
15
MR. TOBIN: Let me go ahead and introduce at this
16 time as Exhibit Two the quitclaim deed dated August 31st,
17 1984, from the Wards to Geneva Sutton.
18
HEARING OFFICER WOLFE: This is for so-called
19 Lot--
MS. SUTTON: Nine.
HEARING OFFICER WOLFE: -- Nine.
MR. TOBIN: Yes.
23
HEARING OFFICER WOLFE: Mr. Tyson, any objection?
24
MR. SMITH: None.
MR. TOBIN: Okay. So that is going to be for
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1 you, this is our Number Two. Would you hold onto that?
2
And then the next exhibit will be Number Three,
3 and that is the letter from Antonia Gerli to Geneva Sutton
4 dated September 18th, 1996.
5
MR. TOBIN: Okay. Tyson?
6
MR. SMITH: Number Three.
7
MR. TOBIN: Number Three, and Sandy, I'm going to
8 make you the keeper of surveys.
9
MR. SMITH: Are these the county file surveys?
MR. TOBIN: Yes.
MS. WALTERS: Yes, the ones that have been
12 reduced.
13
14
15
16
MR. TOBIN: That actually came out of the
building file.
MR. SMITH: The appeal?
MR. TOBIN: Yes, the building appeal.
17
MR. SMITH: Should I put them there for
18 safekeeping?
20
21
19
MR. TOBIN: No, no. Those are actually --
MR. SMITH: Copies.
MS. WALTERS: Actually, here is one of the
22 originals.
23
MR. TOBIN: Never mind. There was three of them.
24 I'm going to take this now and get this off the table since
25
we don't need it anymore.
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MS. WALTERS: Unless we need to read any of the
2
type, which may be difficult on these reduced ones, okay.
3
So where were we? We were talking about the
4 denial letter, Exhibit Number Three. Can I have that Number
5 Three? Thank you.
6
MS. WALTERS: Got you.
7
MR. TOBIN: So you did apply for a building
8 permit in 1996 for Lot Eight, and you appealed that
9 decision, and that was
MS. SUTTON: Denied.
MR. TOBIN: -- denied? Okay. Now, do you recall
12 that the county in 1996 adopted the 2010 comprehensive plan?
13
14
15
Did anybody tell you that the county adopted the 2010
comprehensive plan?
MS. SUTTON: What is that?
16
MR. TOBIN: Okay. Then at this point in time, I
17 don't have any more questions of you. I don't know if Tyson
18 Smith wants to ask you a couple of questions or not, but I'm
19 done.
20
MR. SMITH: Okay, a couple. Miss Sutton, you
21 mentioned a letter or something that you signed that
22 acknowledged the non-buildability of the lot. You mentioned
23 Nico, the biologist's name. Do you recall when that was, or
24 did I misunderstand?
25
MS. SUTTON: When I went in for my permit, my
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1 first permit?
2
MR. SMITH: The '96 permit.
3
MS. SUTTON: The first one was that '96.
4
MR. TOBIN: Just do the best you can answering
5 his questions.
6
MS. SUTTON: Yes.
7
MR. TOBIN: If you don't know, Geneva, if you --
8
MS. SUTTON: And that's when --
9
MR. TOBIN: -- if you don't know the answer,
10 don't guess.
11
12
13
14
15
16
MS. SUTTON: Okay.
MR. TOBIN: If you don't have it in front of you
and you don't know what it is, don't say yes and not be
sure.
MS. SUTTON: Okay.
MR. SMITH: Good advice. So do you have a copy
17 of that?
18
19
20
21
MS. SUTTON: The letter?
MR. SMITH: Yes.
MS. SUTTON: I do, at home.
MR. SMITH: You do at home, okay. Was this a
22 letter to you from the county?
23
MS. SUTTON: No. It's a handwritten one. She
24 wrote it there. What's the name of the architect?
25
MR. SUTTON: Cabrokes (phonetic).
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MS. SUTTON: Cabrokes, him and I went in and we
2
both had to sign this paper that we wouldn't get it even
3 before we applied for it.
4
MR. SMITH: And the letter was handwritten from
5 Nico?
6
MS. SUTTON: Uh-huh.
7
MR. SMITH: Okay.
8
MS. SUTTON: And Cabrokes had also signed it.
9
HEARING OFFICER WOLFE: And approximately when
10 was this, roughly? What year, do you know, within a range
11 of years?
12
MS. SUTTON: Mid-'90s.
13
HEARING OFFICER WOLFE:
'96, you said?
14
MS. SUTTON: Uh-huh.
15
HEARING OFFICER WOLFE: And this is Nico?
16
MS. SUTTON: Probably.
17
HEARING OFFICER WOLFE: Environmental, okay.
18
MR. SMITH: I'd like to submit, for the record, I
19 guess what would be Exhibit Four, which would be Resolution
20 Number P81-97 of the planning commission.
21
MS. WALTERS: What was Three again?
22
MR. SMITH: And Miss Sutton, I believe you
23 already testified to this, but let me remind myself, you
24 were aware of the appeal of the denial of the building
25
permit to the planning commission and that that was denied?
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MS. SUTTON: Yes.
2
MS. WALTERS: That's the official denial, the
3 planning commission denial?
4
MR. SMITH: Correct, correct, which will be
5 Exhibit Five. This is a letter from -- bear with me for a
6 moment.
7
Now, I have an unsigned letter. Let me
give
8 me one second and get this out of the appeal file.
9
MS. SUTTON: Is this the letter -- which attorney
10 letter did you copy out of the appeal file?
11
MR. TOBIN: This one.
12
HEARING OFFICER WOLFE: 1996.
13
MR. SMITH: '96, okay.
14
MR. TOBIN: That's the one you want?
15
MR. SMITH: No, it is not. Let me have a copy
16 made very quickly.
17
HEARING OFFICER WOLFE: Do you want to identify
18 what it is you're going to identify?
19
MR. SMITH: Yes, sure.
20
(THEREUPON, A BRIEF RECESS.)
21
MR. SMITH: Back on the record, Exhibit Five will
22 be a record from Antonia Gerli, notice to Miss Sutton that
23 the planning commission denied her appeal of the building
24 permit, and when that comes in, I'll enter it into the
25
record.
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1
Miss Sutton, did you appeal the denial of the
2
appeal by the planning commission?
3
MS. SUTTON: I don't understand what you're
4 saying.
5
MR. SMITH: Okay, that's fine.
I know it gets
6 confusing.
7
MS. WALTERS: What is the date on that? That's
8 1/9?
9
MR. SMITH: This is the January 9th, 1997 letter
from Antonia
I'm sorry. I apologize.
I need to correct
11 the record. It was not from Antonia Gerli. It was from
20
12 Kenia Tapia, K-E-N-I-A, T-A-P-I-A, staff assistant, dated
13
January 9th, 1997. I know it's confusing.
14
You applied for a building permit, 1996, which
15 was denied. You appealed that denial to the next level, so
16 to speak, to the planning commission.
17 Do you remember whether you took an appeal from
18 that denial to another level?
19
MS. SUTTON: I don't think so.
MR. SMITH: Okay.
21
MS. SUTTON: I don't know.
22
MR. SMITH: Miss Sutton, you mentioned that ln
23 1975, you or your ex-husband received, I think the way you
24 put it, was 10.3 units
25
MS. SUTTON: Per acre.
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MR. SMITH: -- per acre. Was that a -- can you
2
describe to me, how that came about? Was that a rezoning or
3 application, or just --
4
MS. SUTTON: They went into a hearing.
It's a
5 hearing. It was -- do you have that copy? I'm sure you do.
6 It's the very beginning.
7
MS. WALTERS: If I have the whole file --
8
MS. SUTTON: It's the first one. Maybe not.
9
MS. WALTERS: I didn't bring the entire book, but
10 I believe
11
MS. SUTTON: It was, it was --
12
MS. WALTERS: Yes, that they had, actually.
13
MS. SUTTON: -- it was when they had the hearing,
14
everyone voted for it.
15
MR. SMITH: Okay.
16
MS. WALTERS: Yes.
17
MS. SUTTON: You know, it was a long sheet of
18 paper.
19
MS. WALTERS: It was the former planning board --
20
MS. SUTTON: Right.
21
MS. WALTERS: -- the planning commission, because
22 I believe it was, what was an old general zoning category,
23 way back before '86.
24
MR. SMITH: GU, probably.
25
MS. WALTERS: GU.
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MS. SUTTON: Right.
2
MS. WALTERS: Right.
3
MS. SUTTON: It was from GU.
4
MS. WALTERS: Correct, and they went in and
5 applied for it to be changed.
6
MS. SUTTON: Right.
7
MS. WALTERS: And we received that, but if I
8 remember correctly, there was I guess a sunset provision or
9 something. It didn't move right away, so there was a time
10 limit.
11
MS. SUTTON: There was a time limit and they
12 rolled it back.
13
14
15
18
19
20
21
MR. SMITH: Explain to me, please, tell me a
little bit about the timeline or the -- you called it a
16
sunset provision?
MS. WALTERS: Sunset.
MS. SUTTON: What? No.
MS. WALTERS: It was valid for a period of time.
MS. SUTTON: Right.
MS. WALTERS: And if a permit was applied for
MS. SUTTON: And at that time the money was
17
22 scarce and he couldn't get the money to build at that time,
23 and they rolled it back to the original.
24
25
MS. WALTERS: Back to the general use.
MS. SUTTON: RU, GU.
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MS. WALTERS: Yeah.
2
MR. SMITH: Do you know how long a period that
3 was?
4
MS. SUTTON: You know, I have -- no, no.
5
MR. SMITH: Okay.
6
MS. SUTTON: It wasn't long.
7
MR. SMITH: Were there any building permits
8 applied for between 1971 and 1986 for the property?
9
MS. SUTTON: Yeah, the one that we applied that
10 was denied.
11
MR. SMITH: To be clear, I understood that one to
12 be 1996.
13
14
MS. SUTTON: Oh, I see.
MR. SMITH: Yes, I'm sorry.
15
MS. SUTTON: I see what you're saying.
16
MR. SMITH: Between 1971 --
17
MS. SUTTON: No, there wasn't any building
18 permits applications.
19
MR. SMITH: Was it your understanding in 1971
20 that you could build on the property?
21
MS. SUTTON: You know, I am really confused,
22 because one letter says I can build and the other letter
23 says I can't build. I've got letters from different ones
24 that says that I can build, and it really got me confused.
25
MR. SMITH: Let's look at one that says you can
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1 build.
2
MS. SUTTON: Like the one from -- I tell you, I
3
have written a letter to the tax people.
I said, you know,
4 when they won't let me build, give us all the taxes back,
5 and he talks about all these different ones, and he said no,
6 he couldn't give me the taxes back because it was buildable.
7 So that's why I kept on trying to get a building
8 permit and going to different places.
9
MR. SMITH: I think you're referring to the
14
unsigned letter that we're discussing.
MS. WALTERS: That's possible.
MR. SMITH: What was the date of that?
MS. SUTTON: No.
MS. WALTERS: Yeah, it was --
MR. SUTTON: Take it.
15
16
HEARING OFFICER WOLFE: Two C, I believe.
Is
17 that the March 4, 1991 letter?
18
MS. WALTERS: Two C? Yes, Two C, and then when
19 you go back to Two G, you have, you know, field notes that
20 were taken by a county biologist also
21
MR. SMITH: Let's go back, if I could, without
22
MS. WALTERS: -- about the buildability.
23
MR. SMITH: without -- I assume you're
24 withholding your decision on the objection.
25
HEARING OFFICER WOLFE: Yes, yes.
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1
MR. SMITH: So I'm going to address the unsigned
2
letter briefly without waiving my objection to it.
3
HEARING OFFICER WOLFE: Okay.
4
MR. TOBIN: I don't think he can do that, and I
5 want a ruling right now.
6
HEARING OFFICER WOLFE: I don't know, I'll be
7 honest with you, I don't know.
8
MS. SUTTON: It's that one letter.
9
HEARING OFFICER WOLFE: I take it that this
10 letter does not exist, the signed copy, in the file.
11
12
13
20
MR. TOBIN: It's okay. I'm just kidding.
HEARING OFFICER WOLFE: Okay. I was taking you
seriously.
14
MR. SMITH: I'll proceed with the understanding
15 that I'm not waiving my objection, but since we're all here,
16 now is the time to ask.
17
The letter is dated March 4th, 1991. Let's be
18 sure of the date. Let me ask another question.
19
MS. SUTTON: Oh, yeah, that's that one.
MR. SMITH: Okay, good. Before we get to that,
21 when you purchased the property in 1971, and I'm referring
22 to both lots, Eight and Nine, did you inquire into whether
23 the properties were buildable at that time, do you remember?
24
MS. SUTTON: You know, I didn't handle it then.
25
My ex-husband handled it and I didn't handle it to, what,
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1 1984 or '83, one of the dates.
2
MR. SMITH: Okay, okay.
3
MR. SUTTON: What year did you get divorced?
4
MS. SUTTON: Huh, when did
5
MR. SUTTON: When did you get the divorce?
6
MS. SUTTON: It was about '80.
7
MR. SMITH: During the divorce proceeding or the
8 proceeding in which you were -- this property carne into your
9 ownership, was a value ever placed on the properties?
MS. SUTTON: $500,000, is what I think it was, my
11 attorney.
12
13
20
22
MR. SMITH: And that was at that time?
MS. SUTTON: At that time.
14
MR. SMITH: Okay.
15
MS. SUTTON: I guess he was figuring if all the
16 units that we could build on it, if it was a condo.
17
MR. TOBIN: You're not going to suggest using the
18 attorney as a form of beneficial relief?
19
MS. SUTTON: The settlement was '80.
MR. SMITH: Let's, actually, let's just keep
21 going chronologically here.
MS. SUTTON: Okay.
23
MR. SMITH: Did you apply for anything, and I
24 don't see this in the record, but I want to ask, apply for
25
anything between 1986 and 1988 that was the time during
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1 which the property was NA?
2
MS. SUTTON: I don't remember what the dates were
3 that I started applying to have it rezoned.
4
MR. SMITH: Was there any building permit or
5 application for building approval when it was zoned native
6 area?
7
MS. SUTTON: No.
8
MR. SMITH: When it became in 1986 zoned NA, what
9 was your interpretation of what that did to the property?
MS. SUTTON: You can't build on it.
MR. SMITH: Okay. You applied for a rezoning in
12 1988. It was SS. Relative to what you asked, if they gave
13
you SS
14
MS. SUTTON: Right.
15
MR. SMITH: -- what was your interpretation of
16 what SS meant for the property?
20
21
22
25
17
MS. SUTTON: I really didn't know because there
18 was so many laws and so many
19
MR. SMITH: Okay, okay.
MS. SUTTON: I don't even think an attorney could
figure it out.
MR. SMITH: I understand.
MS. SUTTON: No, they changed so often, you know,
23
24 they just -- by the time I get up, it would change. They
just got me confused.
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1
MR. SMITH: Okay. Did you proceed or pursue a
2
rezoning from SS to any other designation?
3
MS. SUTTON: You know, I'm afraid to say I don't,
4 I don't know for sure.
5
MR. SMITH: Okay. Let me direct you to
6 Attachment Two F, the letter from Lorenzo Aghemo and Robert
7 Smith dated April 25 of 1989. This is Attachment Two F to
8 Exhibit Number One, the application.
9
MS. SUTTON: Is that it?
10
MR. SMITH: This was -- was this a response to a
11 request you made regarding the properties' buildability or
12 someone on your behalf?
13
MS. SUTTON: Yes. I guess it was my request.
14
MR. SMITH: Okay. There's a letter, it's
15 Attachment Two B from James Mattson. Did Mr. Mattson send
16 that on your behalf?
17
MS. SUTTON: Yes.
18
MR. SMITH: Did you make -- so let's see. We've
19 talked about building permits that were applied for in 1996,
20 it was denied; an appeal to the planning commission which
21 was denied; no appeal from that.
22 Have you applied for anything since then between
23 that time and the BUD?
24
MS. SUTTON: No.
25
MR. SUTTON: No.
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MR. SMITH: Was the property ever been zoned SR-L
2
which stands for Suburban Residential-Limited?
3
MS. SUTTON: No.
4
MR. SMITH: Okay, and Your Honor, I'm going to
5 raise an objection to the admission of the field notes from
6 the county planner. This is Attachment Two G to Exhibit
7 One, the application.
8 And my objection is based on the fact that they
9 are simply irrelevant. They were notes that appear to be
10 based on or they assume a change in use of SR-L which --
11
MS. SUTTON: You know, we could have, because, we
12 could have applied for that, because we was waiting for
13
something to corne back to tell us --
14
MR. SMITH: Right.
15
what zoning we had when he went
MS. SUTTON:
16 out in the field and wrote this out. His name was Ty
17
MR. SMITH: Symroski.
18
MS. SUTTON: -- Symroski.
19
MR. SMITH: That's what I gather to be the
20 scenario if there had been a rezoning.
21
MS. SUTTON: Yeah. We was waiting for an answer.
22
MR. SMITH: But the objection is based on the
23 fact that the property has not been SR and L and has been
24 presented, and the application is evidence of being told
25
that she could develop.
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1
MR. TOBIN: That she could.
2
MR. SMITH: That she could.
3
HEARING OFFICER WOLFE: But even if it's
4 admitted, it's
5
It's irrelevant.
MR. SMITH:
6
HEARING OFFICER WOLFE: -- it's hypothetical and
7
If it was rezoned SRL, you could do certain
irrelevant.
8 things, but it wasn't, so.
9 MS. WALTERS: The reason I included it in the
10 application was to demonstrate the continuous mixed messages
11 that Mrs. Sutton has been given back and forth, back and
12 forth, as to what she could do, what she can't do, what she
13
could do, what she can't do, leading up to the
14
recommendation that the site, the property is unbuildable
15 and she should apply for beneficial use.
16 That was my purpose for including this, not that,
17 you know, I'm going to call Mr. Symroski to show up here as
18 a professional planner and document the accuracy of this,
19 but he gave this note to her.
20 This came out of her file, not the county file,
21 as an indication, and the impression she had from talking
22 with him, that she could, I'm sure, recount better than I,
23 is that the site under its current zoning was buildable with
24 a potential density of three dwelling units per acre.
25
You should -- I wasn't there, so you should
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1 clarify that yourself as to your understanding.
2
MR. SMITH: My only point is, is that the notes,
3 if you read them, say it is now SS and being, is being
4 changed by the BB to SRL, assume SRL, allocated density, et
5 cetera, et cetera, again at the bottom of the first page
6 SRL, only, single family home.
7 My objection to this, in the very least is it's
8 irrelevant because it has to do with SRL, and I don't see
9 it's confusing or misleading. Mr. Symroski, as you well
10 know, is one of the most helpful, if difficult to read at
11 times, and probably what this was, was an attempt to say if
20
21
12 the rezoning goes through --
13
MS. SUTTON: This 1S what you do.
14
MR. SMITH: this is what you can do, but this
15 is not a mixed message of what she could do given her
16 zoning.
17
HEARING OFFICER WOLFE: It has the words, "Assume
18 SRL."
19
MS. SUTTON: Yeah.
MR. SMITH: Correct.
HEARING OFFICER WOLFE: Which the assumption
22 never occurred.
23
MR. TOBIN: For purposes of this hearing, I don't
24 think it helps or hurts.
25
MS. WALTERS: Right.
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1
MR. TOBIN: It's just part of the record and we
2
submitted it, and I don't think that, traditionally, you
3 exclude anything since we're not really following strict
4 rules of evidence, so to the extent --
5
MR. SMITH: I understand.
6
MR. TOBIN: -- that it's in our application, it's
7 in our application, and unless they have something
8 scandalous or irrelevant, they should not be stricken.
9
HEARING OFFICER WOLFE: And I note the objection,
10 and he's right, we're not as strict as we could be.
11
12
13
14
15
16
MR. SMITH: I understand.
HEARING OFFICER WOLFE: I don't have a problem,
it being admitted, but I understand it is what it is.
MR. SMITH: Right.
MS. WALTERS: Right.
HEARING OFFICER WOLFE: It's discussing a
17 hypothetical that never occurred.
18
MS. WALTERS: Right, and I'd point out on Page
19 Two when I listed this application, 1989, a site plan, with
20 Ty Symroski indicated a possibility of building five units
21 on the property.
22 Again, my purpose for including this was simply
23 to show that there were indications from the county,
24 regardless of zoning classifications, that the property was
25
useable. Frankly, you know, it's clear from the current
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1 county code that the property 1S not useable, and that is
2
our point.
3
MR. TOBIN: Okay. We're beating a dead horse.
4
MS. WALTERS: Okay.
5
MR. TOBIN: Are you done, Tyson?
6
MR. SMITH: A couple more things and I'll be
7 finished. Thanks for bearing with me, Miss Sutton.
8
MS. SUTTON: Okay.
9
MR. SMITH: You mentioned in 1986 when the
10 property was rezoned, you became aware at that time that it
11 precluded development, and you said that you received this
12 letter from Lorenzo Aghemo and Bob Smith, this 1989 letter.
13
Do you know which one I'm talking about? I can
14
re-point it out to you. I don't mind.
15
MS. WALTERS: It's here.
16
MR. SUTTON: This one.
17
I got it.
MS. SUTTON: Here we go.
18
MR. SMITH: The April 25th, 1989 letter from
19 Lorenzo Aghemo, Attachment Two F to Exhibit Number One, was
20 your interpretation of this letter that the property was not
21 buildable?
22
MS. SUTTON: Well, I didn't really understand all
23 this open space, so I really --
24
MR. SMITH: I understand that.
25
MS. SUTTON: -- I couldn't make heads or tails of
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1 it. That's why I had to get an attorney.
2
MR. SMITH: Okay. At what point, and I'm not
3 being technical here, at what point since 1986, and have you
4 since 1986 believed that the property was developable
5 without variances or exceptions or something like this for
6 beneficial use?
7
MS. SUTTON: I figured maybe with a variance, we
8 could get it.
9
MR. SMITH: But without an exception to the
10 existing regulations, did you think, since 1986, that the
11 property was developable?
12
13
14
15
MS. SUTTON: I was hoping so.
MR. SMITH: Did you believe that it was at any
point?
MR. TOBIN: Objection. You've asked that three
16 times.
17
20
21
MR. SMITH: She's not answered it.
18
MS. SUTTON: Yes.
19
MR. TOBIN: She said she hoped so.
MR. SMITH: The question I asked was
MS. SUTTON: I wouldn't have kept on if I didn't
22 believe.
23
MR. SMITH: What was the basis of your belief
24 that the property was developable from 1986 to present?
25
MS. SUTTON: Because, number one, my brother
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1 built next door and it was on the same parcel of land. I
2
mean, it looks just like my property.
3
MR. SMITH: Okay, okay.
4
HEARING OFFICER WOLFE: Was your brother's parcel
5 about the same size?
6
MS. SUTTON: Same size. Excuse me.
7
HEARING OFFICER WOLFE: Was it two lots?
8
MS. SUTTON: It's on an angle. They're all 100
9 feet wide. Each parcel was 100 feet. His was maybe 100
10 feet deeper.
11
MR. SMITH: Do you know how much upland property
12 there was on his?
13
MS. SUTTON: I don't know how many feet upland.
14
MR. SMITH: Was there any indication from the
15 county, and I'm almost done here, from 1986 to now that you
16 could build on the property based on the SS zoning and its
17 current habitat?
18
MS. SUTTON: I read somewhere, it says I could
19 build on it regardless of habitat, but I don't know where I
20 seen that.
21
MR. SMITH: Maybe we can find that. That might
22 have been
23
MS. SUTTON: Well, then, you know, Mr. Patterson,
24 I even tried to get them to buy it. They put me on a list.
25
I tried to do everything I knew what to do.
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MR. SMITH: Okay. I understand.
MS. SUTTON: Where is that letter?
MR. SMITH: What was the purchase price of the
4 property in 1971? And again, I'm referring to both Eight
5 and Nine.
6
7 well--
8
9
MS. SUTTON: I think they were -- I'm just --
MR. SMITH: What's your recollection?
MS. SUTTON: $18,000 a parcel, and I paid a lot
10 for that half that I bought from Bob Ward.
12
11
13
MR. SMITH: Okay. Let's go back.
MR. TOBIN: So you say $18,000 per parcel?
MS. SUTTON: Yeah, two times, three times 18, two
14
times 18, and then I paid like I imagine 65 for just a half
15 of a parcel.
16
17
18
19
20
21
MR. TOBIN: $65,000?
MS. SUTTON: Right.
MR. TOBIN: 1984?
MS. SUTTON: Right.
MR. TOBIN: Okay.
MR. SMITH: Okay. So in 1971, you paid $18,000
22 for Parcel Eight?
23
24
25
by parcel.
MS. SUTTON: Yeah.
MR. SMITH: I'm going to go through these parcel
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1
MS. SUTTON: 18, yeah.
2
MR. SMITH: And you paid $18,000 for Parcel Nine,
3 just for your portion?
4
MR. SUTTON: No.
5
MS. SUTTON: No, no. That was half of 18.
6
MR. SMITH': It was for half of Nine, I'm sorry,
7 of Eight, of Nine? I'm sorry.
8
MS. SUTTON: Right.
9
MR. SMITH: So now we have --
MS. SUTTON: Best of my recollection, okay, I'm
11 saying the best of my recall.
12
13
14
15
MR. TOBIN: I think they were $18,000 apiece, and
they paid half for one of the lots.
MS. SUTTON: Of Nine, yeah.
MR. SMITH: And this would have been for
16 presumably you and your husband's at the time half?
17
18
19
20
MS. SUTTON: Right.
MR. SMITH: Okay.
MS. SUTTON: So 18, 28, $34,000.
MR. SMITH: Did you pay anything for the property
21 in 1984 when it came into your ownership?
22
23
24
25
MS. SUTTON: Yeah.
MR. SMITH: How much did you pay for that?
MS. SUTTON: My recollection, it was $60,000,
$62,000, $64,000. I don't know exactly, but it was because
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1 we traded properties and I had cabins in North Carolina and
2
we had -- I got all the legal documents at home.
3
MR. SMITH: Okay, and that secured --
4
MS. SUTTON: But that was just a half of a
5 parcel.
6
MR. SMITH: So that was just for the other half
7 of Lot Nine?
8
MS. SUTTON: Nine, yes.
9
MR. SMITH: Did that also get you Lot Eight?
MS. SUTTON: Pardon?
MR. SMITH: Did that also include Lot Eight?
MS. SUTTON: No. I had Eight.
MR. TOBIN: She got that in the divorce, Tyson.
14
MR. SMITH: That's what I'm trying to understand.
15 In the divorce, did you exchange or pay anything for Lot
16 Eight?
20
17
MS. SUTTON: Uh-uh.
18
MR. TOBIN: Well, that's contrary to what she
19 said a little while ago.
MS. SUTTON: Pardon?
21
MR. SMITH: I think the confusion arose -- I
22 think I understand what happened, though. You paid In 1984
23 to get the remainder of Lot Nine?
24
MS. SUTTON: Correct.
25
MR. SMITH: Okay, and for that you paid about
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1 $62,000--
2
MS. SUTTON: Right.
3
MR. SMITH: -- you're recalling? In the divorce
4 proceeding you paid nothing to get, to become sole owner of
5 Lot Eight?
6
MS. SUTTON: Yeah. I got the half of Nine and
all of Eight.
MR. SMITH: And all of Eight, okay. That's all I
have for you.
MR. TOBIN: Now comes the fun stuff. Sandy
7
8
9
11 Walters is going to educate us how can we avoid a taking by
12 giving us a little bit of a variance here, there and
13
everywhere.
14
Sandy, why don't you explain to Mr. Wolfe what
15 your theory is and how we can get some variance from the
16 code that will allow us to get a home built on this piece of
17 property?
18
MS. WALTERS: Okay.
If you turn back to
19 Attachment Six to Exhibit A, we have composited the surveys
20 from the two lots to show the different habitat types on the
21 lot. We have upland, salt marsh and buttonwood and mangrove
22 wetland. It's not labeled by outside the salt marsh and
23 buttonwood. That's the correct habitat type.
24
MR. TOBIN: Can I stop you?
25
MS. WALTERS: Yes.
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1
MR. TOBIN: How do you know what the habitat is?
2
How did you verify habitat?
3
MS. WALTERS: I have visited the site, and it's
4 disturbed upland low hammock.
5
MR. TOBIN: Do you know if the county agrees with
6 your habitat analysis?
7
MS. WALTERS: We have some records in the county
8 record that the county biologists have been on the site and
9 they have agreed with that determination.
MR. SMITH: And where is that agreement?
MS. WALTERS: In some of the site assessments.
12 Let's see. I think I have some of these in the records.
13
14
15
16
17
MR. TOBIN: Tyson, did you guys go out and do any
habitat work?
MR. SMITH: Uh-uh.
MR. TOBIN: You usually do.
MS. WALTERS: Okay, all right. In the memo dated
18 1997, the staff memo to the planning commission signed by
20
21
22
23
24
25
19
Antonio Gerli and Ralph Gouldy, the county environmental
advisor
MR. TOBIN: Is Ralph available?
MR. SMITH: I don't know.
MR. TOBIN: Do you know if he can come up?
MS. WALTERS: They talk about the survey, this is
regarding Parcel Eight, and I have verified myself that
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1 Parcel Nine is virtually identical, that this Page Three
2
here, that the 1992 survey, Parcel Eight, prepared by
3 independent biologist, delineates salt marsh and buttonwood,
4 certain square foot, and hammock area.
5
MR. TOBIN: So the hammock area is what you want
6 to build in, the hammock area?
7
MS. WALTERS: Correct.
8
MR. TOBIN: Did we ever find Stroble's (phonetic)
9 report? Do we have a map of Stroble's? Do we know, did he
10 ever map that hammock area?
11
MS. WALTERS: It's mapped on the surveys. If you
12 look on the original surveys, it said as prepared by
14
13
MR. TOBIN: Okay, all right, okay.
MS. WALTERS: These lines in the field were
15 flagged by Mr. Stroble.
16
MR. SMITH: This is Parcel Eight?
17
MS. WALTERS: Both on Parcel Eight and Parcel
18 Nine. The other survey shows the same thing.
19
MR. TOBIN: Which one is Eight and which one is
20 Nine? Where is Ten?
21
MS. WALTERS: This is Ten.
22
MS. SUTTON: It makes me sick.
23
MR. TOBIN: Ten, Nine, Eight. How is that? Lot,
24 lot, lot. Now we know.
25
MS. WALTERS: Okay.
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1
MR. TOBIN: So what you're proposing
2
MS. WALTERS: Lots as flagged by Tom Stroble.
3
MR. TOBIN: -- that the development would occur
4 on Lot Eight within the hammock area?
5
MS. WALTERS: Correct.
6
MR. TOBIN: Okay.
7
MR. SMITH: What's the amount of upland habitat
8 on these lots?
9
MS. WALTERS: From the two surveys that were
10 flagged by the biologist, we would be adding 8,114 square
11 feet on this parcel and --
12
13
14
15
MR. SMITH: That's Lot Eight?
MS. WALTERS: On Lot Eight.
MR. TOBIN: Is that the hammock?
MS. WALTERS: Correct. You see, you can see it
16 again on Attachment Six, 8,114 square feet.
17 MR. TOBIN: Of hammock, not upland, of hammock?
18 MS. WALTERS: Of hammock, correct, and 3,727
19 square feet of hammock. I guess we'll correct these.
20 MR. TOBIN: On Nine?
21 MS. WALTERS: On Nine.
22 MR. TOBIN: Okay, and then in addition, there lS
23 salt marsh and buttonwood which would also be upland?
24
MS. WALTERS: Under the --
25
MR. TOBIN: Okay.
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1
MS. WALTERS: -- you know, the county zoning.
2
MR. TOBIN: Okay, so back to your fantastic
3 proposal.
4
MS. WALTERS: So what we have proposed is there
5 is normally applied a 50-foot setback to, you know, to
6 anything that might be considered wetland jurisdictional as
7 far as the DEP and the Corps is concerned, so, but there is
8 a specific exception to that setback if the square, to allow
9 for--
MR. TOBIN: Would you just talk about the
11 setbacks?
12
13
MS. WALTERS: Okay.
MR. TOBIN: How far would the setback be are you
14
proposing? Let's talk about the street setback. What kind
15 of setback are you looking for from the street?
16
MS. WALTERS: 12.5 feet.
17
MR. TOBIN: Describe the street. Do we have an
18 aerial? Tyson, let's borrow that appeal file a little bit.
19 It's clearer I think for John to see it. There's some real
20 good photos in there. This is a real kind of desolate area
21 of the Keys, is it not? In other words, there's --
22 MS. WALTERS: Correct.
23 MR. TOBIN: -- there's not a lot of traffic in
24 this area?
25
MS. SUTTON: It's a private road.
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1
MR. TOBIN: Right?
2
MS. WALTERS: Right.
3
MR. TOBIN: Okay, but if he's going to grant the
4 variance, he needs to understand that it's not a busy
5 street.
6
MS. SUTTON: Oh, yeah.
7
MR. TOBIN: So let's take a look at this, and
S this would be the Kawama Club, okay, and this is the road in
9 front of your property, right? There's your brother's house
10 right there. That's your brother's house?
11
12
13
14
MS. WALTERS: No.
MR. SUTTON: Oh, go over there and show it to
them.
MS. WALTERS: This is a house, pavement, her
15 lots, which has since burned down.
16
MR. TOBIN: Okay. Come on over here, Geneva, and
17 show Mr. Wolfe what you're talking about.
lS
MS. SUTTON: See right here on the bare ground,
19 there, where it's bare, mine is right there. My brother
20 built a house right in here, right there. That's the road
21 going back to Key Largo Yacht Club. My brother is right
22 here and this is my property right next to his.
23
24
25
MS. WALTERS: If you look at the county
HEARING OFFICER WOLFE: His house sits in there
today somewhere?
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1
MS. WALTERS: Yes.
2
MS. SUTTON: About a hundred feet from this road.
3
HEARING OFFICER WOLFE: And your property
4
MR. TOBIN: This is the road here.
5
HEARING OFFICER WOLFE: Oh, wait. So is he here
6 or here? I'm sorry, I'm confused.
7
MR. TOBIN: The road goes like this --
8
MS. SUTTON: Yeah, okay.
9
MR. TOBIN: all the way down, and it's the
10 back entrance to Kawama. Yes, you can see it here. There's
11 really no -- there's nothing out here. This is Kawama --
12
13
14
MS. WALTERS: Right.
MR. TOBIN: the Kawama Club and the main
entrance to Kawama. What is through here?
15 MS. SUTTON: That's Kawama right here.
16 MR. TOBIN: There's a back entrance to Kawama,
17 sort of a service road. They never even use it, and that
18 would -- here it is, here.
19
MS. WALTERS: I'm sorry, I didn't mean to be
20 turning this away from you.
21
22
23
MR. TOBIN: Here it is here.
MS. SUTTON: You follow?
MR. TOBIN: And there is a condominium here now
24 developed?
25
MS. WALTERS: Right, the Key Largo Yacht Club.
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1
MR. TOBIN: The guy that built it is into
2
submarines. It can handle submarines, according to him.
3 We're in right here.
4
MS. WALTERS: Right.
5 HEARING OFFICER WOLFE: Tell me where your
6 brother's house is again, Geneva. Here or here?
7
MS. SUTTON: My brother is right here. Mine is
8 200 feet
9
MS. WALTERS: These are pictures of the road
10 there.
11
HEARING OFFICER WOLFE: And then do these lots go
12 all the way down here?
13
14
15
16
17
MR. TOBIN: Yes.
HEARING OFFICER WOLFE: So your brother's lot --
MS. SUTTON: No. They go like this.
HEARING OFFICER WOLFE: More or less like this?
MS. SUTTON: The bare spot is in the middle of
18 mine.
19
MS. WALTERS: Mr. Wolfe, you may be able to
20 orient yourself here, because if we set this the same
21 direction, you have the road, you have her brother's parcel
22 here with the single family home -- this is one of the
23 county aerials from 2002 -- her two parcels directly
24 adjacent with our proposed home location in this corner
25
because that is where the largest amount of hammock is
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1 loca ted.
2
HEARING OFFICER WOLFE: So it would be somewhere
3 here or here somewhere, somewhere up close to this road?
4
MR. TOBIN: Right.
5
MS. WALTERS: Right.
6
HEARING OFFICER WOLFE: Wherever her property
7 line is.
8
MS. WALTERS: Right, exactly, right in here
9 somewhere.
HEARING OFFICER WOLFE: Got it.
MS. WALTERS: And this is a photograph, these are
12 photos of the road you probably took pretty recently, I
13
14
15
16
17
imagine.
MS. SUTTON: Pardon?
MS. WALTERS: So that access road --
MR. TOBIN: So Sandy, as a planner, you can
confirm that this road is hardly ever ~sed.
It doesn't go
18 anywhere
19
20
21
MS. WALTERS: Correct.
MR. TOBIN: -- except services one other house?
MS. WALTERS: It services one other house, her
22 brother's house, and apparently a vacant house that has a
23 roadway exemption on it from the house that has burned down,
24 from what I understand, is in the process of a building
25
permit to rebuild.
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1
HEARING OFFICER WOLFE: Do you know who owns the
2
private road?
3
MS. WALTERS: The private road is an easement
4 within the
5
MS. SUTTON: We own it, don't we?
6
MS. WALTERS: No. It's actually an easement that
7 you have a right to. I confirmed that with your surveyor.
8 MS. SUTTON: Oh, really?
9
MS. WALTERS: It's not actually within your
10 property, but you have easement right to use this road, this
11 private road.
12
MR. TOBIN: Okay.
13
HEARING OFFICER WOLFE: Fine.
14
MR. TOBIN: So you're seeking a
15 12-and-a-half-foot front variance and what type of variance
16 from the wetland?
17
MS. WALTERS: It's actually an exception as
18 opposed to calling it a variance.
19
MR. TOBIN: What would be the measurement?
20
MS. WALTERS: It would be 25 feet exception from
21 the 50-foot setback.
22
MR. TOBIN: Now, we could also -- you wouldn't
23 have any objection, Geneva, if instead of a 25-foot wetlands
24 setback, you had a 15-foot wetlands setback?
25
In other words, if Mr. Wolfe should decide that
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61
1 instead of putting your house 12 and a half feet from the
2
front and having a 25-foot setback from the wetland, if he
3 decided to move it and grant 17 feet from the front road and
4 20 feet from the wetland --
5
MS. SUTTON: No.
MR. TOBIN: -- you wouldn't care, would you?
MS. SUTTON: No.
MR. TOBIN: So in other words, we're flexible on
that, right?
MS. SUTTON: Right.
MS. WALTERS: Right, and my logic in putting the
6
7
8
9
12 front yard setback is because this is a private road that is
13
14
used very little, and it's all undeveloped road, across the
road, and it's my understanding it's in the conservation
15 easement of Kawama Yacht Club. The impact of building that
16 close to the road on anyone would be very minimal.
17 so this is basically a 2,000-square-foot
18 footprint, which is what is provided for in the code
19
20
HEARING OFFICER WOLFE: Right.
MS. WALTERS: -- for going within 25 feet of the
21 setback line.
22
MR. TOBIN: Anything else you want to tell
23 Mr. Wolfe?
24
25
MS. WALTERS: We meet side yard setbacks,
obviously. We're seven and a half feet from the one
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1 property line and quite -- you know, 100 some feet from the
2
other property line, so this is a minimal variance for, or
3 the one variance and the one exception for providing for a
4 single family home on this parcel which would provide an
5 economic use for the property.
6
The only other -- excuse me.
I just, I would
7 state right up front that there would be some off-site
8 density that would require transferring to the site to
9 provide for meeting the density.
10
HEARING OFFICER WOLFE: Because the current
11 zoning allow PDRs to be transferred in, do you know?
12
MS. WALTERS:
It was my understanding it did.
13
There's various correspondence that go with the county that
14
goes three different ways. Considering that the site is the
15 exact same zoning as her brother's adjacent parcel and he
16 did exactly that, which was transfer development density
17 onto his parcel, and the building permit was issued in,
18 what, 19 -- 2001
19
MR. TOBIN: The only thing that we would be
20 willing to transfer in is the density from both of these
21 parcels, because we can't -- we don't want to ask for
22 something and then find out that we can't transfer density
23 and because of it's Tier One or it's in a conservation
24 area--
25
MS. WALTERS: Exactly.
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1
MR. TOBIN: -- or something like that, so for
2
purposes of today's hearing, we can't stipulate to
3 transferring in any density, only on site.
4 If it should turn out at a later time that the
5 county would recognize that after all -- we can't speak for
6 the county -- then we would keep that option open, but for
7 purposes of today's hearing, we cannot stipulate that that's
8 our intent.
9 But whatever density we have on both parcels are
10 going to be combined to get a single family home on this
11 parcel.
12
HEARING OFFICER WOLFE: The first question I have
13
is it appears that the only building permit that's been
14
applied for is on Lot Eight only. As far as I can tell,
15 there was never an application for the two combined lots.
16 Is that true?
17
MS. WALTERS: True.
18
HEARING OFFICER WOLFE: And that last application
19 was back in '96, '97 era, it looks like. Have you -- let me
20 ask you a different way. Why haven't you, or have you
21 considered making an application for this short of this
22 hearing, and if not, you know, why not?
23
MS. WALTERS: The rationale that was expressed in
24 the 1996 staff memorandum recommending denial of the denial
25
from my assessment appeared to apply equally to this parcel
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1 as to the other.
2
There is a little more upland on this parcel,
3 that's true, but historically, I would expect the same
4 application of, you know, of literal interpretations of the
5 50-foot setback and to apply it.
6 And frankly, to go to the expense of preparing
7 architectural drawings and applying for the building permit
8 with the history of this property where she has been told
9 for both parcels, if you look at the attachment that, in the
10 1989 attachment, that -- excuse me, I'm referring to the
11 wrong parcel -- that this was not buildable, to have a clear
12 indication of what direction to go before going to the great
13
expense of preparing full architectural drawings appeared,
14
you know, a better option at this point, because typically
15 and in reviewing past beneficial use determinations, in many
16 cases people have applied and the staff has determined that
17 strict interpretation of the code would preclude use, and
18 the variances of this type were granted as part of the
19 beneficial use process.
20 So that would then give the client a clear
21 direction of the additional expense for building permit
22 application purposes.
23
MR. TOBIN: What is the FLUM category?
24
MS. WALTERS: Future land use map for sparse
25
MR. TOBIN: Yes.
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1
MS. WALTERS: -- for sparsely settled, it should
2
have indicated in the application. I'm not certain. We
3 only addressed the future land, the land use district.
4
MR. TOBIN: Can I take a break here and look at
5 the FLUM for a minute?
6
HEARING OFFICER WOLFE: Certainly. Let's go off
7 the record.
8 (THEREUPON, A BRIEF RECESS.)
9
MR. TOBIN: I think that, to address your
10
question as to why, I think it would be futile.
It's zoned
11 residential conservation.
12 I also think, and I'm not 100 percent sure, but I
13
think that there was a note in one of the staff reports that
14
the result would be the same even if they combined Lot Eight
15
and Nine.
I thought I remember reading that. Maybe I'm
16 wrong, but I thought I remember reading that.
17 But given the habitat and given the designation
18 on the FLUM, as well as the policies and the comprehensive
19 plan, I don't think this lot is buildable without some sort
20 of relief.
21
MS. WALTERS: I would also note that --
22
MR. TOBIN: Would you agree with that?
23
MS. WALTERS: Definitely.
I mean, that's why I
24 went the direction on it I did. I will also note that
25
Mrs. Sutton had approached the land authority for purchase
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1 of the property and was officially notified
2
MR. TOBIN: We don't need to get into that.
3
MS. WALTERS: Well, there was a point about that.
4 Okay.
5
HEARING OFFICER WOLFE: All right. The reason I
6 go into that, obviously, and I have questions for Mr. Smith
7 as well, but when we -- obviously the position is there is
8 no beneficial use or you wouldn't be here under the current
9 regulations and so forth.
10 If the county had an opportunity to look at a
11 pre-application or something to say this could be workable,
12 it would be helpful. Nonetheless, this is, you know, a
13
venue for working with that, but at this point now we have
14
to decide whether there's no beneficial use, and if there's
15 no beneficial use, what relief there could be.
16 And I want to hear the county's position on that
17 shortly, but as you know, the preferred method, of course,
18 is compensation. However, there are other -- the code does
19 provide for more creative approaches, one of which is the
20 use of variances and so forth, but I want to hear the
21 county's position on that.
22 I guess, Mr. Tyson, unless you had more questions
23 of them first, I'd be interested to hear -- obviously
24 they're here because they believe under current county, you
25
know, the comprehensive plan and code, these lots are
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1 totally unbuildable, and they have, they've demonstrated at
2
least some building permit applications for one lot but not
3 both lots combined.
4 But I want to see if the county agrees with that,
5 because if the county says no, they're buildable, then we
6 shouldn't be here, or -- and if the county does agree that
7 there is no beneficial use, that is they're not buildable,
8 is the county prepared to, would the county recommend the
9 so-called preferred method of compensation, or is the county
10 willing to consider the proposal of the applicant?
11
MR. SMITH: May I ask some questions of Miss
12 Walters?
13
HEARING OFFICER WOLFE: Certainly, certainly.
14
MR. SMITH: And then I'll get to each of the
15 points. Sandy, have the applicants applied for the wetlands
16
setback or exception
MS. WALTERS:
MR. SMITH:
MS. WALTERS:
MR. SMITH:
MS. WALTERS:
I mean --
17
No.
22 a building permit and to have that exception apply.
23
MR. SMITH: Was that part of the building permit
24 application in '96?
25
MS. WALTERS: In '96, they were proposing wetland
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1 fill.
2
MR. SMITH: Have you applied for a front yard
3 variance? I don't know if --
4
MS. WALTERS: Again, that, to my knowledge,
5 that's not appliable for without a building permit
6 application.
7
MR. SMITH: Well, typically don't you have to get
8 a variance to come into, quote unquote, compliance in order
9 to apply for a building permit?
MS. WALTERS: Not without
not in a pure
11 theoretical sense. I mean, you have to have the purpose for
12 the variance established, so we would be back where we are
13
14
in terms of establishing the exact plans for use of the
property that require that variance.
15 MR. SMITH: Okay.
16 MR. TOBIN: Maybe the best -- let me just
17 interrupt for a second. Did you do calculations to show
18 what would happen if there was a 50-foot wetlands setback?
19 Right now you're proposing
20
21
MS. WALTERS: A 25-foot.
MR. TOBIN: I don't want to interrupt, but just
22 to clarify this.
23
MS. WALTERS: No, your point is well taken. If
24 you just take this width and take it all the way back here,
25
and you see --
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1
MR. TOBIN: Okay.
2
MS. WALTERS: -- that you have this tiny little
3 area, you know, that remains.
4
MR. TOBIN: So the current wetland setback, to
5 take you to -- what is this, dimension of this house?
6
MR. SUTTON: I may have scaled this out, and that
7 may be what that line right there is.
8
MS. WALTERS: That's the 25-foot.
9
MR. SUTTON: That's 25-foot, okay.
MS. WALTERS: From this line here.
MR. TOBIN: So from here to here is 75?
12
MS. WALTERS: Uh-huh.
13
MR. TOBIN: And then from this line, how big is
14
the house?
15
MS. WALTERS: This is 50.
16
MR. TOBIN: 50, so it would be half the house?
17
MS. WALTERS: Yes. Well, actually a little more.
18 I mean, you'd end up with this little corner back here.
19
MR. TOBIN: Uh-huh.
MS. WALTERS: And this is possibly where I could
21 map this out, but it seemed kind of intuitively obvious to
22 me that the same analysis that they had done on the other
23 parcel applied pretty much equally to here, when you
24 interpret the code literally, that you would end up with
25
this tiny little area in the back corner of the property,
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1 which clearly wouldn't meet any setbacks or provide for a
2
structure that is feasible.
3
MR. TOBIN: I didn't mean to interrupt. I just
4 wanted to clarify because I could see where you were going.
5
MR. SMITH: Sandy, you said there were about
6 eight, well, 8,114 square feet of hammock on Lot Eight,
7 3,727 square feet of of hammock on Lot Nine?
8
MS. WALTERS: Correct.
9
MR. SMITH: Do you know how much salt marsh and
10 buttonwood there is on Lot Nine?
11
MS. WALTERS: 5,695 is what is surveyed on Parcel
12 Nine, and excuse me, 4,088 on Parcel Eight.
13
14
MR. SMITH: Do you interpret, based on your
analysis of upland there, that there is sufficient density
15 for upland for a house?
16
MR. TOBIN: Density in DUs per net buildable
17 acre.
18
19
20
21
22
23
24
25
MR. SMITH: Yes. That's not the conclusion that
Lorenzo came to, and I just wondered.
MS. WALTERS: No.
MR. SMITH: Or is that part of the request?
MS. WALTERS: I mean, that's --
MR. TOBIN: That's part of the unbuildability
MS. WALTERS: That's the request.
MR. TOBIN: -- that there's not enough hammock.
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1 There's not enough setbacks.
2
MR. SMITH: I wanted to clarify.
3
MR. TOBIN: You can't get there from here.
4
MS. WALTERS: Yeah. We're talking about two
5 parcels In excess of five acres in total.
6
MR. SMITH: Okay. Do you know the zoning of
7 Mr. Rice's lot?
8
MS. WALTERS: It's here in the county zoning map.
9
MS. SUTTON: The zoning.
MS. WALTERS: It is SSe
MR. SMITH: It's SS as well?
MS. SUTTON: SSe
MS. WALTERS: This parcel right here.
14
MR. SMITH: Okay, good. Thanks. Do you know the
15 FLUM designation?
16
MS. SUTTON: The what?
17
MR. SMITH: The future land use map designation?
18
MS. WALTERS: I'm sure it's consistent.
19
MR. SMITH: It's hard to tell, and I know even
20 staff has not been able to verify very closely.
21
MR. TOBIN: Looks like RC to me, but I can't be
22 honestly certain.
23
MR. SMITH: We don't know that, okay. Did
24 Mr. Rice transfer --
25
MR. TOBIN: One second.
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1
MR. SMITH: Certainly.
2
MR. TOBIN: Tyson, are you saying on behalf of
3 the county that the county doesn't know if it's RL or RC?
4
MR. SMITH: Let me put it this way:
I haven't
S chased that down. The upland portion, the upland habitat on
6 Mr. Rice's lot, do you know how much upland he has?
7
MS. WALTERS: I have not assessed that.
S
MR. SMITH: Because that would go to the density
9 allowance there.
MS. WALTERS: Uh-huh.
MR. SMITH: Okay, and he transferred in TDRs, lS
12 that what we understood?
13
14
lS
MS. SUTTON: Yes.
MS. WALTERS: Yes.
MR. SMITH: And he built in '91, is that what I
16 understood?
20
21
22
23
17
MS. WALTERS: He received his permit in '91.
lS
MS. SUTTON: '91
19
MR. SMITH: '91, okay.
MS. SUTTON: -- my recollection.
MR. SMITH: Okay.
MS. WALTERS: Excuse me, 2001, not 1991.
MR. SUTTON: It wasn't 2001.
24
MS. SUTTON: No, no, no, no. He's been in there
25
a long time, for more than four years.
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1
MS. WALTERS: We'll stick with what my original
2
guess was and I'll double check it.
3
MR. SMITH: Okay, okay, okay. So the requested
4 relief in a sense is a building permit, 12-and-a-half-foot
5 front yard, 12-and-a-half-foot front yard setback, variance,
6 25-foot wetlands setback variance, I understand?
7
MS. WALTERS: Exception, right.
S
MR. SMITH: Exception, correct?
9
MS. WALTERS: I mean, the reason I keep
10 mentioning that is because it doesn't require an application
11 requirement.
12
13
14
MR. SMITH: It's different.
HEARING OFFICER WOLFE: That's right.
MR. SMITH: That's right, and finally a density,
15 relaxation of the density requirement, some element. Okay.
16 And am I understanding that to be a yes --
17
lS
19
MS. WALTERS: Yes.
MR. SMITH: -- for the court reporter?
MS. WALTERS: I mean, frankly -- may I confer for
20 a moment here?
21 HEARING OFFICER WOLFE: Do you want to go off the
22 record, or do you want to step out? What do you want to do?
23
24
25
MS. WALTERS: Can we just step out for a second?
MR. TOBIN: Sure.
HEARING OFFICER WOLFE: Off the record.
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1
(THEREUPON, A BRIEF RECESS.)
2
MR. TOBIN: Mr. Wolfe, let me just answer your
3 question. The letter that Antonia Gerli sent in 1996, which
4 basically analyzes the fact, it says, "Your survey shows
5 that although your lot is a little over two acres, only
6 9,422 square feet can be considered buildable acreage
7 pursuant to Policy 101.4.21, 2010 comprehensive plan. The
8 allocated density to submerged lands, et cetera, is zero."
9 Okay, the same thing applies to salt marsh and
10 buttonwood, so really we're looking at the acreage, hammock
11 acreage that Sandy just talked about is the extent of our
12
14
15
buildable area.
In '96 -- in 1986, SS was one unit per two
13
SR was one unit per one acre.
acres.
HEARING OFFICER WOLFE: One acre, right.
MR. TOBIN:
In '96, that happened, so now in
16 order to get one unit, you need four acres in SSe
22
23
24
25
17
HEARING OFFICER WOLFE: Right.
18
MR. TOBIN: And plus Antonia points out that you
19 can't, under the 2010 comprehensive plan prohibits the
20 transfer of development rights to any property located in
21
the sparsely settled land use district, so we can't get
there from here. So that's Exhibit Three, I believe.
MR. SMITH: Yes.
MR. TOBIN: So in order to get any beneficial use
at all, we need the code relaxed in terms of density,
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1 setbacks both from wetlands and the street, and I guess the
2
clearing area of the hammock, and there's probably six or
3 seven other policies that a good planner could come up with
4 to stop the development.
5
But it's just, I think it's just easier to say
6 that, you know, because we don't know what, how many
7 policies apply, those are the main ones.
8
HEARING OFFICER WOLFE: Okay.
9
MR. SMITH: Okay, so maybe to clarify for the
10 hearing officer, from Lorenzo's 1989 opinion, I guess on
11 whether the property could be developed, I guess, and
12 Antonio Gerli in '96, Exhibit Three, to compensate, the fact
13
14
is you can't get here from there. There's not sufficient
density, okay.
15 By the way, this is, and we can submit this into
16 the record, this is the section you were talking about of
17 the code.
18
HEARING OFFICER WOLFE: We don't need to submit
19 it in the record because it's the code, but what I want to
20 know, Andy, I am well aware there's this exception to relax
21 the wetlands, but I want it as part of the record.
22
23
24
25
MS. WALTERS:
It is specified in the application.
MR. SMITH:
It is on the last page of that, and
it is a horrible printout of the section.
It's difficult to
see.
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1
MR. TOBIN: You're talking about the density?
2
HEARING OFFICER WOLFE: No; the setback from
3 wetlands.
4
MS. WALTERS: The variance -- I mean the
5 exception and setbacks, here we go.
6
HEARING OFFICER WOLFE: Okay, but it's within
7
MS. WALTERS: Section 9.5-349, and Section
8 9.5-348 (7).
9
HEARING OFFICER WOLFE: Okay. That's in your --
MS. WALTERS: That's in this, under setbacks on
11 Page Four of the application.
12
13
14
MR. TOBIN: There was a comprehensive plan policy
that's now been codified.
HEARING OFFICER WOLFE: Yes, I knew there was. I
15 just didn't recall and I hadn't recalled reading this In
16 here. Okay, thank you. Did you have more questions?
17
MR. SMITH: I do not believe that I do, but if
18 you'll let me check my notes.
19
MR. TOBIN: While you're doing that, let's talk
20 about the financial impact. Geneva, I asked you, through
21 Miss Walters, you had an appraisal done of the property?
22
23
MS. SUTTON: Yes.
MR. TOBIN: Okay, and you see where Mr. Padron
24 valued the property at $520,000, assuming a single family
25
home could be built? Do you remember seeing that?
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1
MS. SUTTON: Yes.
2
MR. SMITH: Your Honor, I'm sorry.
I'm going to
3 have to object to the admission and consideration of this
4 appraisal on a number of bases.
5 The first is that it's hearsay and I don't have
6 the appraiser here to cross-examine her, to speak to her.
7 It's being offered for the value, the alleged fair market
8 value of the property.
9
Secondly, it's irrelevant. Under the BUD
10 ordinance and under current case law it is very clear what
11 the standard is in determining whether taking has occurred
12 under the law or whether the applicant had lost all economic
13
use, and it is the value of the property before and after
14
the allegedly offending regulation.
15 The appraisal is an appraisal of the property
16 based on a hypothetical scenario of having a building
17 permit, and/or, the two valuations given here. The second
18 is having buildings on the property.
19 The most glaring deficiency is it's an appraisal
20 as of November 1st, 2004, which is not the time that any of
21 the regulations we're talking about today affected the
22 property.
23
HEARING OFFICER WOLFE:
I'm going to comment on
24 that. Under the code, my understanding is that under the
25
beneficial use determination process, my role is to make a
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1 recommendation as to, first of all, whether beneficial use
2
has been deprived or not, and second of all, if there is,
3 whether or not we would follow the preferred recommendation
4 or something else.
5 In any event, I don't think it's my role to
6 discuss value, and that's buttressed by the fact I think
7 that the code has a number of sections addressing the
8 formulas for payment. Now, whether or not the parties want
9 to challenge that is a different issue, but this is the
10 forum, but the code I think also specifies certain
11 parameters for that.
12 So to that extent, I mean, clearly the appraisal
13
is submitted as part of their application because it's
14
submitted as part of their application, but I do not, in my
15 opinion, I do not address value in whatever recommendation.
16 Even if I were to make a recommendation that beneficial use
17 has been denied and I recommended the preferred method of
18 compensation, I don't see that as my role for what that is,
19 and I've never seen seen it as, unless there's some
20 difference of opinion on that.
21
23
MR. SMITH: May I elaborate?
22
HEARING OFFICER WOLFE: Yes.
MR. SMITH: The county's position is the criteria
24 in the beneficial ordinance is what should guide the
25
determination ultimately of the board. The criteria are
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1 very clear in here, and I'm looking now at 9.5-172, and I've
2
got copies if anybody needs that.
3
I object. Nobody has ever said that
MR. TOBIN:
4 our code is clear.
5
MR. SMITH: Well taken. Despite that, under
6 9.5-172, if I could get this right, (d) Two I, what was the
7 appraised fair market value immediately before and
8 immediately after the effective date of the regulation, just
9 merely suggesting fair market value of the property at any
10 other time is irrelevant. I'll just make that record.
11
MR. TOBIN: You know, this is about the second
12 time that we are now in the unfriendly BUD process, and this
13
14
is the second time I've heard this argument made, that you
have to present or prepare an appraisal immediately before,
15 I guess that means a minute before the regulation was
16 adopted, and immediately after, I guess before the ink
17 is even dry.
18
The regulation is not clear because this is not
19 -- this is a fluid and ongoing process. You have an '86
20 regulation. Then you have a '96. Then you have a tier
21 system, and then you have a this, and then you have a that.
22 I think the intent of this ordinance is that so
23 the hearing officer and ultimately the board of county
24 commissioners sees a diminution, so if you're going from
25
zero, if we're at zero or close to zero, because if a lot is
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80
1 not buildable, it has very, very little value except
2
speculative value, you have to pick some date in time.
It
3 wouldn't make any sense, you know, to pick right before '86
4 and right after '86, or right before '96 and right after.
5 The point is that it has substantial value if
6 it's buildable because it's on the ocean.
7
MR. SMITH: Is this testimony as to the value of
8 the property?
9
MR. TOBIN: Does it sound like testimony?
MR. SMITH: It sounds a lot like it.
MR. TOBIN: So the regulation isn't clear.
12 Immediately before and immediately after makes no sense in
the context of these kind of cases, so that's my response,
and if I can continue with Miss Sutton.
HEARING OFFICER WOLFE: Certainly.
MR. TOBIN: Okay. Geneva, if you can't build on
17 this piece of property, do you have an opinion as to what
18 it's worth?
20
19
MS. SUTTON: $520,000 appraisal.
MR. TOBIN: Okay. Listen to my question again.
21 If you cannot build on this piece of property, do you have
22 an opinion as to what the value of the property would be?
23
MS. SUTTON: Can't build on it, it ain't worth
24 nothing.
25
MR. TOBIN: Okay. That's better than your first
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1 answer.
2
MS. SUTTON: Well, I didn't understand you.
3
MR. TOBIN: Did you look at the appraisal?
4
MS. SUTTON: Yes, I did, yes.
5
MR. TOBIN: Did you look at the appraisal?
6
MS. SUTTON: Yes.
7
MR. TOBIN: Did you see that it was done about a
8 year ago?
9
MS. SUTTON: Not even a year ago, was it?
MR. TOBIN: In November of 2004?
MS. SUTTON: Okay.
MR. TOBIN: Do you have an opinion as to whether
or not the appraisal, when Mr. Padron says that the property
is worth $520,000, in November of 2004, do you agree if you
15 can build a house, he appraised it as if you could build a
16 house, do you generally agree with his position that it's
17 worth in excess of a half a million dollars?
18
19
20
21
MS. SUTTON: Uh-huh.
MR. TOBIN: You have to say yes or no.
MS. SUTTON: Yes, or maybe.
MR. TOBIN: Your brother's house, what's your
22 brother's house worth, do you know?
23
MS. SUTTON:
I think the real estate people told
24 him 1.8.
25
MR. TOBIN:
1.8 million dollars?
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1
MS. SUTTON: Uh-huh.
2
MR. TOBIN: Okay. That concludes our testimony.
3
HEARING OFFICER WOLFE: Go ahead.
4
MR. SMITH: Miss Sutton, you suggested that if
5 your property can't be built on, it's worth nothing. What's
6 the basis of that opinion?
7
MS. SUTTON: Well, what can I do with it? If I
8 can't build on it, it's worth nothing.
9
MR. SMITH: Okay, that's it.
HEARING OFFICER WOLFE: Okay.
I guess I'd like a
11 view from the county as to whether it's buildable or not. I
12 mean, again, we've seen no application post 1997 for a
13
14
combined lot.
The applicants have suggested that, through the
15 reading of the intertwining code provisions, that it is not
16 buildable, including, of course, that includes the lack of
17 transferability of TDR. If you can get over everything
18 else, if you can't transfer density, you can't, but I don't
19 have the benefit of the application process of telling me
20 the county believes it's, today, it's unbuildable.
21 To me, that's the criteria to rule there's no
22 beneficial use, and I don't know if anybody from the
23 planning staff is going to testify to that or whether you're
24 going to stipulate or what your response is.
25
MR. SMITH: Well, I guess as I explained at the
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1 beginning of the proceeding, our position is that the
2
applicant has the burden of showing whether or not the
3 property is buildable or not.
4 It's also our opinion that what guides this
5 proceeding are the criteria in 9.5-171, et cetera
6
HEARING OFFICER WOLFE: Right.
Is this --
7 MR. SMITH: -- and the relevant provisions in the
8 comprehensive plan. Objective 101.18, Policy 101.18.5
9 provides that the beneficial use process is one for
10 determining whether all reasonable economic use has been
11 deprived, and it defines all reasonable economic use as the
12 minimum use of the property necessary to avoid a taking
13
within a reasonable period of time as established by the
14
current land use case law.
15 The county's position has not changed, as far as
16 I can tell, since what the record shows in 1989 and in 1988
17 when the property was rezoned. The property was purchased
18 in 1971. There were no building permits applied for between
19 that period and 1986.
20 The application suggests that the property was
21 buildable at that time, and indeed, I would suggest that the
22 testimony suggests that at least at one point in that
23 period, it was buildable, but there was no action on that
24 application.
25
The property was rezoned In 1988, but there were
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1
no building permits applied for until 1996.
It's
2
unsurprising that those were denied based on what the
3 applicant had been told consistently since 1989, expressly
4 by the county and certainly implicitly by the rezoning of
5 the property, and then no permits from that point.
6 As Miss Walters pointed out, there was a big dead
7 spot from 1997 when this application was denied and the
8 current BUD process.
9 Under the case law which we believe guides this
10 process to some degree, unfortunately the applicants have
11 simply waived any allegation that a taking has occurred.
12 The application was submitted, based on the face of the
13
application, in order to avoid a taking, and that's what the
14
comp plan and LDRs say.
15
The LDRs require that the applicant present
16 evidence as to a number of things. One are the reasonable
17 investment expectations of the applicant. It's our opinion
18 that, it's my opinion today that they have not met that
19 burden. They've failed to show that the expectation to be
20 able to build on this property certainly after 1986 would
21 not have been reasonable, and that the applicant was on
22 notice as to that, the buildability of the property since
23 1986, and certainly after 1989 when the county told her that
24 expressly.
25
I don't read the record to say anything other
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1 than that, that the property can't be built upon.
2
The second critical prong in the case law and in
3 the BUD requirement and criteria is the economic impact of
4 the property, and I've suggested that I don't believe that
5 this is, in fact, this is not -- this appraisal is the only
6
thing that's been submitted as to the economic impact.
I
7 don't have an appraiser here to cross-examine who formed the
8 opinion. We have only Miss Sutton's opinion that the
9 property would be worth nothing without an appraisal.
10
Again, I've read to you the express language of
11 the ordinance, and this is certainly consistent with case
12 law that at the relevant time, the relevant period of
13
diminution is when the ordinance came into effect. Whether
14
it's right before it's done or after the ink has dried, the
15 point is to measure the impact of the regulation on the
16 property, and they've submitted absolutely no evidence as to
17 what SS zoning, what open space, what habitat regulations
18 did the property have.
19 It's just a hypothetical that says if it's worth
20 nothing at zero, if you could do a whole lot of development
21 on it, despite what the regulations say and have said for 19
22 years, it would be worth a lot of money, that's not
23 sufficient evidence under the law to prove a taking, nor is
24 it, do we believe it is sufficient to uphold a beneficial
25
use determination under this ordinance.
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1
Finally, a quirkier area of the law is character
2
of regulation. The way the ordinance puts it is whether or
3 not the allegedly offending regulation substantially
4 advances legitimate governmental interest. The way the case
5 law puts it is the character of regulation. That comes from
6 the Penn Central case.
7 There's been no evidence provided today or
8 presented in the application as to whether or not these
9 wetland regulations, these density requirements, these
10 setback requirements, advance or do not advance a legitimate
11 governmental interest, so it's the county's opinion that the
12 applicant has the burden to come in and make the proof and
13
that they failed to do so.
14
A second point is that unfortunately, and the
15 county is not entirely unsympathetic with Miss Sutton, the
16 BUD process has been in place since 1986, but unfortunately
17 under the case law, you have four years to bring a taking
18 claim, and again, this application was submitted
19 purportedly, according to the face of the application, to
20
avoid a taking claim.
It's simply expired.
21 This is an attempt to re-ripen or to ripen or
22 resuscitate a long-dead claim, quite frankly, and the
23 county's position is that while there was a time that the
24 applicant had development potential, indeed that's what the
25
application asserts, the record here shows that she's been
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1 informed since '89 that there is no development potential.
2
Simply, this is untimely.
3
And finally, all that is asked for here is a
4 building permit. My reading of the ordinance precludes a
5 building permit in situations where the environmental
6 regulations or policies that allegedly took the property or
7
allegedly deprived it of all economic use
9.5-173, I'm
8
It says just compensation shall be the preferred
reading.
9 option if beneficial use has been deprived by operation of
10 environmental policies or objectives contained in the comp
11 plan or the LDR. Those are policies they have cited in the
12 application of depriving the property of reasonable economic
13
use.
14
If just compensation is not preferred, the
15 determination at that point may allow for additional uses or
16 density.
17 So it would appear from my reading just of the
18 ordinance and the application and what we've heard today,
19 that they have not requested relief that is available to
20 them, because the code calls for preferred, as a preferred
21 option, purchase of the property when these types of
22 regulations have affected it.
23 So we would move to actually dismiss the
24 application or certainly a recommendation that no relief is
25
appropriate under the criteria in the ordinance and in the
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1 comprehensive plan.
2
HEARING OFFICER WOLFE: Okay. Well, I denied the
3 motion for dismissal. The one thing -- I guess I don't
4 agree with your characterization.
5 Clearly the preferred method of -- I forget the
6 exact words --is compensation where the environmental
7 regulations are offended, but the word is "preferred," not
8 "mandated," because there is some flexibility there and
9 given there, and in fact, the county has from time to time
10 suggested that they go with a solution other than
11 "preferred" in avoidance of where they believe there's a
12 taking claim.
13
Now what you're telling me, you don't believe
14
there's a taking claim for the reasons you've articulated or
15 they don't meet the burden for it, so that I think I can
16 fairly assume that the county, I should state that the
17 county for the reasons articulated is not interested in any
18 other form of relief because you don't believe they're
19 entitled to relief. Is that a fair statement?
20 MR. SMITH: We don't believe they're entitled to
21 relief.
22
HEARING OFFICER WOLFE: And then you're further
23 taking the position that their ability to use the beneficial
24 use determination process to avoid a taking claim is
25
expired?
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1
MR. SMITH: Correct.
2
HEARING OFFICER WOLFE: And on that one, I'm
3 going to ask you to submit something to me after the
4 hearing, a short brief on that, and if you want --
5
MR. TOBIN: Could I be heard on that?
6
HEARING OFFICER WOLFE: Yes, absolutely, yes.
I
7 just wanted -- Andy, go on.
8
MR. TOBIN: The statute of limitations
9
MS. SUTTON: I asked for relief.
MR. TOBIN: for a taking claim is not properly
11
There is no statute of limitations defense to
before you.
12 an administrative proceeding which is in our LDRs and in our
comp plan. Unlike our vested rights provision which says
you have one year to file it, there is no time limitation.
15 So what Mr. Smith is asking you to do is to look
16 over the next hill as to whether or not we have a statute of
17 limitations issue in a taking claim. He's asking you to
18 prejudge that issue with no evidence in terms of waiver or
19 giving any other defense to a statute of limitations
20 defense.
21 So I would respectfully suggest to you that that
22 is not before you, and that there is no memorandum that I
23 could present on a purely legal issue of this nature.
24 That's number one.
25
Number two, the county has put on no evidence,
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1 and the preferred relief that the board of county
2
commissioners is going to grant is something within their
3 legislative discretion.
4 In terms of what we have asked you to do, we have
5 presented an application and we have presented competent,
6 substantial evidence which says you can't get there from
7
You can't build on this lot.
It's worth something of
here.
8 six figures if it's buildable, and it's worth somewhere
9 close to zero or a hundred or nominal value if you can't get
10 a building permit, so in terms of diminution --
11
I do apologize.
I
MR. SMITH: Excuse me, Andy.
12 know you're on a roll. What is the evidence that it's worth
13
nothing if it's unbuildable?
14
I'm not ready to be cross-examined~
MR. TOBIN:
15
In any event, so we have presented a case.
If the quality
16 of the evidence isn't, you know, as strong as a courtroom,
17 live presentation, I think that's understandable, but we did
18 submit an appraisal.
19 The county has taken no efforts to bring in an
20 appraisal of their own to dispute our prima facie proof,
21 backed up by live testimony.
22 So my suggestion in terms of your role is that in
23 the past you have, with stipulations and cooperation, you
24 have made recommendations that the preferred relief is X,
25
and you've gone to X, but in this particular case, we
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1 presented an application for beneficial use in the form of
2
allowing a limited amount of development, and I think that
3 we have met that burden.
4 If the board of county commissioners decides that
5 that's not their preferred relief, I don't think -- I think
6 that that's something that they could do legislatively, but
7 I think in terms of someone who is making recommendations,
8 you're a fact finder, so you're going to make, I guess,
9 findings of fact and then the conclusions of law, again,
10 it's a recommended conclusion, and I think that the evidence
11 leads to the point where the county has these choices.
12 But we have put on a case where beneficial use,
13
that the county, by granting this limited development,
14
beneficial use is established, so that's where I'm leading
15 towards, because we don't want to go, Geneva doesn't want to
16 go through a taking lawsuit and another two years of
17 litigation.
18 We're hoping that, you know, the board of county
19 commissioners is going to look at this application and say,
20 "Okay, well, you know, by relaxing this, we avoid a taking
21 claim. "
22 You know, I understand where Tyson is coming
23
from. There is no taking claim.
It's a statute of
24 limitations, and we can win in court, so we may not be able
25
to get there from here.
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1
But in terms of this finding of fact and
2
conclusions of law, I think we have put on a prima facie
3 case and we have met our burden that there has been -- the
4 regulations deprive her of all reasonable beneficial use of
5 the property, and that one form of relief could be as
6 depicted on her site plan, and then if the county chooses
7 another method, that's up to the board of county
8 commissioners.
9
I'm reading from 9.5-173 of the code.
MR. SMITH:
10 In order to establish that the applicant is entitled to
11 relief, an applicant for a beneficial use must demonstrate
12 that the comp plan, and I'm editorializing, and LDRs in
13
effect. . .
14
Again, it's clear from the statement of the code
15 that the applicant bears the burden. They have not borne
16 that burden out here. They have not made a prima facie
17 case.
18
Again, just to reiterate, quick tick off here,
19 there has been no evidence as to whether or not it would be
20 reasonable for the applicant to expect to be able to build,
21 given what she's been told and what she's acknowledged today
22 that she's known since 1986.
23 There's been no evidence that the regulations
24 we've been talking about today do not advance a legitimate
25
governmental purpose or of a character that is somehow
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1 specious, to use the case law, and there's been absolutely
2
no competent or substantial evidence as to the diminution in
3 value.
4 To determine whether a taking has occurred,
5 whether it's occurred, not how much it's worth, you have to
6 look at, the courts have to look at and the BUD ordinance we
7 believe requires the special master or the hearing officer
8 to look at what happened to the value of the property
9 because of the regulations. You have to go from X to Y.
10 This proposal doesn't go from X to Y, a before and after.
11 Wheeler, these cases establish, this is how you
12
establish a taking, Pickens.
I can cite and establish cases
13
on this for you. This just says
there's no testimony in
14
the record, by the way, that the value of the property in
15 the market, which is what the law requires, without a permit
16 would be zero. Mr. Tobin has testified to that and Miss
17 Sutton believes it would be worth nothing if she could not
18 build on it, but there's no evidence, competent and
19 substantial evidence in the record that that's the case.
20 But most importantly, the only thing the
21
appraisal does is lays out a hypothetical.
I don't know
22
where it comes from.
It doesn't come from the case law.
23 "Give me a value if I had a permit, give me a value if I had
24 buildings in 2004." That's simply not relevant and
25
material, and it's a deficiency that goes to the burden that
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1 the applicant has to bear here.
2
Let me make one clarification on the preferred
3
relief argument that I set out earlier.
Clearly, just
4 compensation is a preferred option. My reading, though, of
5 Section Two of 9.5-173 is if just compensation is not
6 preferred, parenthetical, and only if, the determination
7 then may allow for additional uses or density.
8 So again, it's our position they have not asked
9 for something that is available to them, and therefore it's
10 not available to them as a recommendation from the hearing
11 officer or the county commission.
12
13
14
HEARING OFFICER WOLFE: Anything else?
MR. TOBIN: No, just be repeating myself.
HEARING OFFICER WOLFE:
I would -- I do want
some
15 type of post-hearing brief on the statute of limitations
16 issue and its applicability to this BUD process.
17
MR. TOBIN: Can we get this marked in evidence
18 since we used it?
19
MS. WALTERS: We actually have color copies of
20 that in our original submittal.
21
22
23
24
25
MR. TOBIN: Where is the original?
MS. WALTERS: It should be.
MR. TOBIN: Does it look like this?
MS. WALTERS: It's these exact photos in color on
the figures and identified as to source. Yes, they're in
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1 here.
2
MR. SMITH: Where is that? I'm sorry.
3
MR. TOBIN: Is it in the application --
4
MS. WALTERS: It's in the application.
5
MR. TOBIN: -- that was copied that Tyson gave
6 it?
7
MS. WALTERS: If I can find my copy.
8
MR. TOBIN: Here it is.
9
HEARING OFFICER WOLFE: Attachment Three D and in
10 the original file.
11
12
13
14
15
16
MS. WALTERS: They're the original color photos.
MR. TOBIN: Then let the record reflect that when
we were talking about photos earlier, that we were talking
about Attachment Three D. Is that fair?
MR. SMITH: Well, let's look.
MR. TOBIN: Here, Tyson, take a look, and I also
17 want to put the zoning map into evidence as well the FLUM as
18 our next exhibit.
19
20
21
22
HEARING OFFICER WOLFE: Tyson?
MR. SMITH: Sure. No objection.
MS. WALTERS: We can compare here with the color.
HEARING OFFICER WOLFE: That would be Exhibit
23 Six.
24
25
MR. TOBIN: And I would like to ask one more
thing. If Tyson is going to do a memo, then I'd like ten
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1 days to be able to submit a response.
2
HEARING OFFICER WOLFE: That works for me.
3 Tyson?
4
MR. SMITH: No, of course not. That's fine.
5
HEARING OFFICER WOLFE: Now, again, I wasn't
6 taking detailed notes because I was trying to listen and
7 I'll see it in the record. Obviously -- well, I think part
8 of my duty is to look at some of the case law, which I have
9 done in previous BUD cases, I guess, I'd be interested in
10 either, both of you addressing.
11 My burden is to determine whether or not there's
12 been a taking, and I've heard the points of the parties on
13
this. Absent the statute of limitations, I think, Tyson,
14
you made some arguments as to why there's been no taking,
15 partly alluding to your belief that the applicants have not
16 met the burden.
17 I think you also were saying that under existing
18 case law, you don't think they met their burden. Maybe I
19 misinterpreted that, but if there is something you wanted to
20 address on that in a post-hearing brief, that would be
21 helpful. Obviously I'm familiar with the landmark cases,
22 but anything would be helpful, because obviously it's a
23 evolving area of the law.
24
MR. TOBIN: Tyson and I suffer from the same
25
problem where we have read way too many taking cases,
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1 thousands of them a week. What I'm going to suggest to you
2
is we're not in a taking. We are in a situation where the
3 county, under the regulations, "Have you been denied
4 reasonable use," and the only thing that is really
5 measurable is, "What could you have done with the property
6 when you bought it and what could you do with it now," and
7 that's sort of, as a fairness argument, what you need to
8 find.
9 If there's defenses to a taking, that's a totally
10 separate proceeding, okay, and I think the evidence is
11 overwhelming that when she bought it, even if it was GU at
12 one unit per acre, that between the '86 plan and the '96
13
plan and all the other regulations that happened afterwards,
14
that you cannot build on this piece of property now, and it
15 just seems pretty obvious to me.
16 Whether or not, you know, there's defenses to a
17 taking loss here have nothing to do with this case here, so
18 I'll wait to see what Tyson says and respond to it, but.
19
HEARING OFFICER WOLFE:
I do understand this
20 forum is different than a lawsuit on a taking, I do
21 understand that, but I guess what I'm saying, if there are
22 things relevant in the case law you think to this process,
23 because I think I have an understanding of that from past
24 experience.
25
MR. SMITH:
I made a note.
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98
1
HEARING OFFICER WOLFE: Okay, good.
2
MR. SMITH: We were talking about the
3 photographs.
4
MR. TOBIN: Right.
5
MR. SMITH: I hate to be petty, but, I don't mind
6 admitting this at all, but I don't think these are the same
7 photographs in Three D.
8
MR. TOBIN: Could you arrange for us to get color
9 copies of these things?
MR. SMITH: Yes.
MS. WALTERS: I mean, this is this one.
MR. TOBIN: We have a color copy. Where did you
get that?
MS. WALTERS: This is that one. These are the
15 ones that are in the record.
16
17
20
MR. TOBIN: They look better in color.
MS. WALTERS: There's that one. You're fine.
18 They're the very same pictures. You can enter them. That's
19 fine. I'm just saying
MR. SMITH: They're of the same property, but not
21 the same pictures. I don't really care, but for the sake of
22 accuracy
23
24
25
MS. WALTERS: Okay, that's fine.
MR. SMITH: Okay.
HEARING OFFICER WOLFE: And that will be, Exhibit
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1 Seven will be the aerial photographs.
2
MS. WALTERS: And I would like to clarify that
3 the application itself does state the amount the property is
4 currently appraised by the county.
5
MR. TOBIN: Now could we stipulate to put in
6 these survey copies here? We have one of each one. Okay?
7 Any problems, Tyson?
8
MR. SMITH: No, no objection. That's fine.
9
HEARING OFFICER WOLFE: Tyson
MR. TOBIN: There's two.
MS. WALTERS: That would be Eight and that would
12 be Nine.
13
14
15
MR. TOBIN: And this is Nine.
HEARING OFFICER WOLFE: So go on, Tyson.
MR. SMITH: I'm sorry. Were these submitted as
16 part of the application?
17
MR. TOBIN: These came out of this file, the
18 appeal file.
19
HEARING OFFICER WOLFE: And there were reduced
20 copies as, I appreciate, as Exhibit Six to the application.
21
22
23
24
25
MR. SUTTON: One of the things
HEARING OFFICER WOLFE: Can we finish this first?
MS. WALTERS: I'm sorry.
MR. SMITH: Sandy, is this the purported --
MR. TOBIN: Let's mark this.
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toO
1
MR. SMITH: Number Five.
2
HEARING OFFICER WOLFE: Attachments, I think we
3 want to, that's what we're trying
4
MR. TOBIN: Let's mark it first and then we can
5 say "this," and refer to it as an exhibit, if you don't
6 mind.
7
HEARING OFFICER WOLFE: This would be Exhibit
8 Eight, and I would propose this be one composite survey,
9 because it's actually two.
MR. TOBIN: Let's mark them separate, because
11 otherwise
12
13
14
MR. SMITH: How convenient.
MR. TOBIN: Really.
HEARING OFFICER WOLFE: Let's try and mark the
15 right ones right. Number Seven is the aerial photographs.
16
MR. TOBIN: Let me see that. That is Number
17 Nine.
18
19
20
21
22
23
HEARING OFFICER WOLFE: For the court reporter,
Exhibit Eight is referring to the reduced copy of the survey
of Lot Eight, and Exhibit Nine is the reduced copy of the
survey of Lot Nine.
MS. WALTERS: And what was Seven?
HEARING OFFICER WOLFE: Seven was the aerial
24 photographs. Now, Tyson --
25
MR. SMITH: My only question, my only question
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was, clarification, were these
101
Sandy, I see the appraisal
2
was marked as Number Four. Is that right? Yes.
3 And then in my packet, it skips to Attachment
4 Six, but it says Number Six is oversize surveys of parcels
5 showing habitat types.
6
MS. WALTERS: Which were in the county file.
7
MR. SMITH: Is that Exhibit Eight and Nine, is my
8 only question?
9
It was the big ones. Now it's the
MR. TOBIN:
10 little ones.
11
MS. WALTERS: Reduced by the county to the eight
12 and a half -- these reduced size ones, exactly.
13
HEARING OFFICER WOLFE: Okay.
14
MR. SMITH: Okay, and point of clarification,
15 something I noticed while we were talking, and I mentioned I
16 hate interrupting, Andy --
17
MR. TOBIN: Yes, sorry.
18
MR. SMITH: No, I hate interrupting you.
I'm
19 used to being interrupted.
20 The appraisal you're referring to as the Padron
21 appraisal, am I correct that it was actually prepared by The
22 Appraisal Company of Key West?
23
MS. WALTERS: Correct, and signed by the licensed
24 appraiser, Padron.
25
MR. SMITH: Okay.
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1
MR. TOBIN: I need all the exhibits.
2
MS. WALTERS: Let's collect them up, where they
3 all wandered to. Do you have the whole set?
4
HEARING OFFICER WOLFE: And I'll get all these
5 back with the transcript.
6
MR. TOBIN: Can I get copies of Six and Seven?
7
MR. SMITH: Send the bill to the county. Should
8 I provide this to the court reporter, this color, as Exhibit
9 Seven, or directly to the hearing officer?
HEARING OFFICER WOLFE: I've been giving, putting
11 them all -- let me ask you this, the court reporter. We're
12 all going to need these exhibits, so I'm used to getting
13
14
15
them back from the court reporter.
MR. SMITH: Right.
HEARING OFFICER WOLFE: So I usually give it to
16 the court reporter.
17 MR. SMITH: I'll provide the color copy of this
18 to the court reporter. I will actually mark -- I will put
19 this on the color copy. Everybody agree this is not going
20 to be a
21
HEARING OFFICER WOLFE: First of all, are we
22 complete with all the testimony and comments of the
23 attorneys?
24
25
MR. TOBIN: Yes.
MR. SMITH: Yes.
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HEARING OFFICER WOLFE: Then I'm adjourning the
1
2 hearing.
3 (THEREUPON,
4
5
6
7
8
9
10
11
12
13
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l7
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20
21
22
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25
.
PROCEEDINGS WERE CONCLUDED AT 4:49 P.M.)
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1
C E R T I F I CAT E
2
STATE OF FLORIDA)
3 COUNTY OF DADE)
4 I, DOREEN M. STRAUSS, do here by certify that,
5 pursuant to a Notice of Hearing in the above-entitled cause,
6 the proceedings were reduced to typewriting under my
7 personal supervision and that the said transcript
8 constitutes a true record of the proceedings.
9 WITNESS my hand in the City of Marathon this
10 11th day of August, 2005.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"7)ir" ., i;' ,
',- S-k>_--7\____
Doreen M. Strauss, RMR
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I ~ . Sandra
""alters
CONSULTANTS, INC.
December 22, 2004
Marlene Conaway, Director
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Maratho~ FL 33050
Subject: Geneva Sutton application for beneficial use determination
Subject property located on Key Largo, Monroe County, FL
Dear Marlene:
Enclosed is a full application for beneficial use for two lots cumprising about 4 acres owned by
Geneva Sutton in Key Largo. We have designed one single family home on the property that
meets all requirements of the County code except for requiring a front yard setback variance.
The application is also accompanied by a current appraisal.of value.
TIlls application is particularly meritorious because of a County staff report recommending th~
beneficial use process. Mrs. Sutton has also spent many years receiving mixed messages" from
various County spokespeople as to the building potential at the property. It is high time she
receive appropriate consideration and a final equitable resolution.
Enclosed is check #683 for the application cost recovery fee of $750.00. A copy of Mrs.
Sutton's letter designating Sandra Walters Consultants, Inc. as agent to submit and process this
application is attached. The original notarized letter will be provided shortly, as it is in the mail
to our office.
Please call if questions. The SWC office will be closed much of this next week between
Christmas and New Years, but we will be back in the office the week of January 3.
Sincerely,
SANDRA WALTERS CONSULTANTS, INC.
~~ /2
Enclosures: Payment of cost recovery fee
Agent letter
Beneficial use application and attachments
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Sandra Walters
Principal
Cc: Geneva Sutton
Doug Halsey, 1.0.
6410 FIFTH STREEl. SUITE 3. KEY WEST, FL 33040
LOWER KEYS 8. KEY WESl 305-294-1238 . UPPER KEYS 305-664-2342 . MIAMI 305-661-4928
FAX 305-294-2164 . E M^ll C.\,,("",::;S~E:."5C'':~''"~'. . WEBSITE 0:..:: "c. ."" ';"~""E.:
p. 1
u...~ " u"t UO;..LbP
HUM :0010< PROTECTJ~ SYSTEMS. lNC. FAX l'IJ. :772-382-13792
Del:. 22 2004 11: 27R'1 P2
December 21. 2004
Ml. Marlene Conaway. Director
Monroe County Planning Depanment
2798 Overwas Highway, Suite 400
Marathon, FL 33050
Sub.icet: Property in Key Largo, Monroe CO\luty.l:L
REi 15 90370.0003" 90400.003
Oear M,. Cooaway:
By this letter. I. CteneVII Sutton, owner ofthr ahuve...elwcnced property.. designate Sandra
Walters Consultants. Inc. to act.... ageal for me in regard to an application for determination of
beneficial-use for this property.
Sincerely,
,It~~
Geneva Sutton
15SO NE 13th Terrace, 810
Jensen 8each, FL 34957
(772). 232-2422
STATE OF
COUNTY OF
_f \ OR\c6.
m Q. <" -\-~ C')
Sworn 10 (or affirmed) and subscribed before me this _ ~ j ~+ day of 1) ee~..!!\ b er- ,
20 rl ,by Q,. t'.rt e.v t'\. .5"*,, n ____ ..... who j~ personaJlykooWft VA ~hv his .""tltU;M
.....M;fiolliOA.
N<UryS~Uf:~ Q~ -4. ~~
fRlPWf !.llOIIWC
.' UVCOMMlSSlON'llDn.'1
EXPlAES: -..,.._
--..,~---
.
APPLICATION FOR A
DETERMINATION OF BENEFICIAl USE
$750.00 Cost Recovery Deposit Fee
PART I (PlEASE PRINT)
APPLICANT/OWNER INFORMATION:
1. Applicant is:
DOwner
181 Authorized Representative
2, Applicant's Name: Sandra Walteo: COn!m1tant~ lnc
Phone: 305-294-1238
3. Applicant's MailingAddress:
6410 Fifth Street, Suite 3, Key West, FL 33040
4, Owner's Name (if applicant is NOT owner):
Geneva Sutton
5, Owner's address: 1550 NE 13 Terrace B-I0 Jensen Beach. FL 34957
Phone' (772) 232-2422
6. Attach copy of Recorded Deed showing ownership and legal description.
7. Attach survey.
PROJECT AND SITE INFORMATION:
8. ProjecVsite address: N1A
9. RE#: 90370.0003 & 90400.0003
10, Legal Description (attach metes and bounds description if necessary): 4-62-39 KEY LARGO PT GOVT
WT 1 (2.15AC) 05-478 064-556 ORI55-58/66 0R255-499/500 OR492-367 OR834-124201C 0R916-
24470/C and 4-62-39 ISLAND OF KEY LARGO PT GOV LOT 1 0.83 AC) OR490-449 OR490-4470
OR834-12430/C 0R916-24470/C
11. Identify the land use district in which the property is located. Attach a map showing the district
boundaries if the property is located in more than one land use district. SS. map 'attached (Attachment 1)
12. Describe the present use of this property: Lot is currentlv vacant.
13. Document the date the owner acquired the property and the amount paid:
Date: 0211971 Amount Paid: $12.000
14. Document the current value of the property: AccorrlinJ' to the Monroe Countv Aooraisers Office. the
DrODeI1V is currently assessed at $3.054.00. If not for Countv reJrulations that prevent develooment of the
Drooertv. the lot value would be much ~ter and would be assessed accordinmv (see discussion below).
1
Application for beneficial use
PART II
PlEASE ANSWER THE FOLLOWING:
1. Explain the reason for your application for Beneficial Use and include any official act by the County denying
you of all reasonable use of your property (describe your expectations for uses of the property):
Geneva Sutton is exneriencing a de facto denial of all reasonable economic use of her orooertv (a DOrtian of
Government Lot 1. Section 4. Townshio 62 South. Ranfre 39 East. Kev Lar20) bv the aoolication of Policies 203.1.1
and 204.2.1 of the Year 2010 Comprehensive Plan. and Sections 9.5-347 and 9.5-348 of the Land Develooment
Regulations. Comorehensive Plan cbanees in 1986 and continued since then recopi7.e the legal right to some
reasonable economic use of orivatelv-owned land. Ms. Sutton has made manv atteDlDtS and bas received a variety
of confusing and conflictine opinions from County staff. as follows (see Attachment 2)-
. 1989-A site visit with County Planner Tv Svmroski indicated the possibility of buildine five units on the
Drooertv .
. 1989-A letter from County Biolocist Bob Smith and Planning Director Lorenzo AJdlemo states the orooettv is
not buildable.
. 1989-A letter from Staff Director Mark Rosch informs Ms. Sutton that the Monroe County Land Authority is
not focused an buyin2land such as hers at that time.
. 1990-A State Hearine. Officer states in an administrative decision that the Soarselv Settled land use district of
Mrs. Sutton's orooertv. which allows low density residential deve1QPmenl. is aporo,priate and correct.
. 1991-An unsiJroed County letter to Mrs. Sutton states that her land is buildable. so orooertv taxes cannot be
refunded.
. 1992-A letter from attomev James MattsOn to County Plannine. Director Lorenzo A2hemo exolains the
confusion and reQUests clear direction. No answer was fortbcomin2.
. 1997-A County staff reoort explains a recommendation of denial for a single residence bui1dimz oermit and
reconunends seeking relief throu~ the beneficial use oroc;ess,
Therefore. the owner is reQUestiDl~ relief under Monroe County Comprehensive Plan Policv 101.18.5,
When Mrs. Sutton obtained the subject orooertv in 1971. she expected to eventually deve100 the oarcel. Her
exoectations. at that time. were reasonable ltiven that DO restrictions would have orevented her from doin2 so. While
the 1986 Countv comprehensive Dlan changed the reguJatoJV strocture of development in the Keys. both before and
after the effective date of that dan COI1lD3T8ble lots within the same area were developed (olease see attachment 3
and 4).
Mrs. Sutton is submittinl! this aoolication for a beneficial use determination seekine relief to build a sin2le-familv
dwellinl! on her property, The parcel is lepllv Dlatted and is within the Soarselv Settled (SS> Land Use District. the
DUTDOSe for which is "to establish areas of 10w~ensity residential deve10DIDent where the oredominant character is
native or open soace lands" (See, 9.5-209), She now plans to build only a sinde house on the two combined lots.
which are cumulatively in excess of four acres in total size. The oarcel is served by a orivate road that all adiacent
oropertv owners have access 10. and bv the Florida Keys Electric Coooerative and the Florida Keys Aaueduct
Authoritv.
The lot consists of upland distwbed hammock. salt marsh. scrub maoe.roves and fringinl!' wetlands (attachment 3 and
5). LDR sections 9.5-347 and 9.5-348 l>reveDt the owner from develooinlZ her orooerty. Section 9.5-347 requires a
1000/0 open space ratio for wetlands, Section 9.5-348 prolubits all placement of fill within wetlands and prohibits
sine.Je-familv structures from being develoued on or over wetlands. When aoolicable front and side yard setbacks are
subtracted (9.5-281). the net buildable area remaininl! is onlv about 300 sauare feet
2.
Document any determination of Vested Rights for the property: MiA
3.
Document all attempts made to sell the property and the results of those efforts. Attach documentation in
support: The owner has attempted to sell the orooertv to the Monroe County Land Authoritv. her askinl!
once was denied desoite comoarable land values in the area no alternative offer was made. and Mr. Rosch (see
Attachment 2) indicated that ourchase of Drooertv such as hers was not a Land Authority priority,
2
Application for beneficial use
4. Explain how the criteria identified in Policy 101.18.5, Monroe County Year 2010 Comprehensive Plan are
met. A ropy of this policy is attached to this application.
Loss of Economic Use
As exolained above. the strict application of Policies 203.1.1 and 204.2,1 of the Year 2010 Conmrehensive Plan. and
Sections 9.5-347 and 9.5-348 of the Land Development Regulations. create a de facto denial of all reasonable
economic use of the subiect prooertv.
Attaclunent 3 contains at>praisals completed by the Aooraisal Co of Kev West that state the value of the land as
$520.000 and the value of the land once improved with an aoorooriate stnlcture is $1.12 million to $1.34 million. .
BtJekgrOllnd InfoTllUltion
. Geneva Sutton is the owner of record. and purchased the subject propertv--described as. Government Lot 1.
section 4. Township 62 South. Rmu!e 39 east Key ~o. FL-in 1971.
. The Darcel is zoned "Soarselv Settled" and is currentJv vacant.
. The Soarselv Settled designation allowslow-density residential develooml::l1l [0 be oermitted on this lot. excePt
for the County Code restrictions cited above.
. The oarcel is comprised of disturbed hammock. salt marsh and buttonwood areas. and Jl1lU'lPlTftfe wetlands. An
indeoendent environmental assessment was conducted in 1992 and the habitat characteristics delineated on a
site surveys (see attaclunent 5). These conditions have been accepted bv County staff (see attacbment 2A) and
confirmed bv SWC staff.
Reqllested ReUef
In accordance with PolicY 101.18.5. Monroe County Year 2010 Comorehensive Plan. the owner reouests a
Beneficial Use Detennination in order to prevent a ree:ulatorv takin2. Relief is reauested in the fonn of limited
develODment aooroval for the subiect pTODertV (i.e.. the aooroval should allow the apolicant to deve10D a single-
family dwelline on the orouertv,)
The County planninl! staff bas recommended seekine. of relief via the beneficial use process (see . Attllcl1ment 2).
Proposed Development (See Site Plan, Attachment 6)
. The residence will have a footDrint of only 2.000 square feet which allows for placement to meet the reauired
minimum 25-foot setback from wetlands. To accommodate this. a front-vard setback variance of 12.5 feet will
be reouired. Side yard setbacks are met .
. The house will be reached by a 12.5-foot driveway from the road with oarklng beneath the structure.
. The onsite aerobic wastewater treatment sYstem will be located beneath the structure. usine deeP well iniection
for diSPOSal of treated effiuent to minimize the extent of site disruption
. The house location is in the least environmentallv sensitive area of the site. entirelv on uplands with elevations
00.0 feet and romer (see soot elevations on swvev. attachments 5 and 6) containin~ distmbed hammock with
more than 50% exotic vegetation (mostlv Brazilian pepper and Lead tree).
. The remainder of the orooertv will be placed under a conservation easement
Consistency with Comprehensive Plan and LDRs
DevelO\>ment aDDl'OVed pursuant to a beneficial use determination shall be consistent with all other objectives and
oolicies of the Conmrehensive Plan and Land Development Re2Ulations unless soecificallv exempted from such
requirements in the final beneficial use detennination
. The owner has previously applied fOT a ROGO allocation and buildine. nennit fOT the Darcel. but was denied
(see Attachment 2).
· A beneficial use detennination would not adversely affect public heal1h. safetY or welfare but rather would
provide constitutionallv protected use ofprivate prODertV.
· The owner will avoid and minimize impacts caused bv the building of a residence on the prooertv. and no
wetlands will be affected.
3
Appliwion for beneficial use
Planning Issu.es
Comuatible witb current & future land UIle districts - The reauest to develoo a ~nple-:fami1v dwellimz is
comoatible with the 55 land use district which allows low density residential develomnent.
Comuatible witb Community Character - The surroundin~ area is a mixture of undevelooed land and residential
develoument rangin~ from sinlde-family homes similar to the one uroposed bv the owner to condominium high-
density Drojects (Attachment 3). The adjacent D3J'Cel to the north. which is very similar PnVimnmentallv. is owned
bv Mrs. Sutton's brother. Charles Rice. who obtained a buildin~ oermit from Monroe Countv and built a sin!de
family residence there in 1994. The -pT01'OSOO residence will be entirely consistent with the existintl community
chamcter.
Setbacks - The aoplicable setbacks for the 5S land use district are 25 feet for the front yard. 10/15 feet for side
vards and 15 feet for the rear yard. The side yard setbacks can be met. However. the location of the lot and its
environmental attributes make it subiect to Section 9.5-349 that dictates shoreline setbacks and Section 9.5-348(7)
that requires a vegetated buffer between develooment and wetlands.
Sboreline setbacks - See below.
VetZetated buffer reQuirement - Section 9.5-348(7) soecifies that a minimum veeetated setback of SO feet shall be
maintained as an ODen buffer for development occurrin~ adjacent to all types of wetllnuh:, 'Ibis section also allows
for exceotions where the setback. can be reduced to 25 ft to allow for develooment of a home with a footorint of DO
more than 2.000 sauare feet. Given that the lot consists largely of wetlands.. the owner reauests a variance to this
section to reduce the wetland setback to the minimum 25 feet. and proposes to limit the footprint of the house to
2.000 square feet. locate it within the least environmentallv-sensitive area of the oarcel. and Dlace the undevel~
oortion of the DTODertv under conservation easement.
Other uermittine issues - If limited develooment aooroval is tmUrted. the owner will still need to meet the
followine. permittine. reauirements:
. Buildin2 Permit
. DOH Permit (on-site wastewater disoosal)
. ImD3Ct Fees
Applicant's Signature
Date
STATE OF
COUNTY OF
Sworn to (or affirmed) and subscribed before me this
20 _ ,by
day of ,
who is personally known or who has produced
as identification.
Notary Signature
4
ApplicaLion for beneficial use
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
BENEACAl USE
PROCEDURES AND CRITERIA
0biectNe 101.18
Monroe County Hereby adopts the following procedures and criteria for the determination of vested rights and
beneficial use and for the effect of such determinations,
Policy 101.18.5
1. It is the policy of Monroe County that neither the prOViSions of this comprehensive plan nor the
Land Development Regulations shall deprive a property owner of all reasonable economic use of a
parcel of real property which is a lot or parcel of record as of the date of adoption of this
Comprehensive Plan. Accordingly, Monroe County shall adopt a beneficial use procedure under
which an owner of real property may apply for relief from the literal application of applicable land
use regulations or of this plan when such application would have the effect of denying all
economically reasonable use of that property unless such deprivation is shown to be necessary 10
prevent a nuisance or to protect the health, safety and welfare of its citizens under Rorida Law.
For the purpose of this policy, all reasonable economic use shall mean the minimum use of the
property necessary to avoid a taking within reasonable time as established by current land use
case law.* Adopted pursuant FAC Rule 28-20.100(16)
2. The relief to which an owner shall be entitled may be provided through the use of one or a
combination of the following
a) Granting of a permit for development which shall be deducted from the Permit Allocation
System;
b) Granting of use of transferable development rights (TORs);
c) Government purchase of all or a portion of the lots or parcels upon which all beneficial
use is prohibited. The alternative shall be the preferred alternative when beneficial use
has been deprived by application of Division 8 of the Land De~lopment Regulations;
d) Such other relief as the county may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid a "taking- of the property under
state and federal law.
3. Development approved pursuant to a beneficial use determination shall be consistent with all
other objectives and policies of the Comprehensive Plan and Land Development Regulations
unless specifically exempted from such requirements in the final beneficial use determination: *
Adopted pursuant FAC Rule 28-20.100(17)
5
Applica1ion for beneficial use
Sandra Walters COlISultants} 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detennination
LIST OF ATTACHMENTS
No.
Description
Pages
1
2
3
County Land Use District map showing Sutton parcels ................... 1
Denials of Rezoning and Building Permit Applications
2A April 3, 1997 County staff report regarding building permit........ 4
28 April 14, 1992 James Mattson letter to County Planning
Director ........ .... ..... ..... ... .............. ..., ..................... ..... ....:... ......... 2
2C March 4, 1991 County letter to Mrs. Sutton ............................... 3
20 May 8, 1990 Hearing Officer determination ............................... 3
2E July 13, 1989 Land Authority letter to Mrs. Sutton ...................... 2
2F April2S, 1989 County letter to Mrs. Sutton ................................ 1
2G April 17, 1989 County planner field notes .................................. 2
Aerial Photographs of Property
3A 2002 Property Appraiser Aerial..............,....................... ............ 1
38 1991 Property Appraiser Aerial..........,............ ........................... 1
3C 1981 Property Appraiser Aerial................................. ....... ....,..... 1
3D Client Aerial Photographs ................ ,'........ ................................ 3
12/20/04 Appraisal by Appraisal Company of Key West.................. 40
Oversized Surveys of Parcels Showing Habitat Types
SA Survey of Parcel 8......................................................... ............ 1
58 Survey of Parcel 9......................................................... ............ 1
Site Plan of Proposed Single-Family Residence ................ ............ 1
4
5
6
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------------------
AT
Pursuant to Ordinance 039-1987 and Rule 9J-15.006' F.A.C..
the Monroe County Land Use District Map is amended a~ of
June 27th.1988 and indicated above and briefly described as:
Add boundaries to new 55 district as shown and delet
oundary to the Northwest of -parcel. Designate
5 & A as 0
-.
~vr t, "es
Date
Amendment II 247
N
t
'.=400.
Attachment 2A
M E M 0 RAN DUM
TO:
The Planning Commission
Antonia Gerli, Development Revie~ Coordinator ~~
Ralph Gouldy, Environmental Planner ~
April 3, 1997
FROM:
DATE:
RE:
Administrative Appeal by: Geneva Sutton
(Owner), and Franklin Greenman, Esq. (Agent)
MEETING DATE: April 23, 1997
REQUEST:
A. Description of Project:
Ms, Sutton made application (496-3-2644) to construct a
single family residence on waterfront property she owns
in Key Largo. While Ms. Sutton owns two lots, only
parcel 6 is included in the application for ~he single
family tlome.
Much of the property consists of mangrove habitat,
which carries no "development rights, Because the
remaining buildable area on the parcel does not meet
~h€ density requirements for the Sparsely Settled (55)
land use district designation, the permit was denied.
:t
6. Location of Project:
1'. portion of Government Lot 1, Section 4, Township 62
South, Range 39 East, Key Largo, Monroe County,
Florida. Real Estate Number 090370. Mile Marker 99.5.
Land Use Designation: Sparsely Settled (55).
C. Project Applicant:
. Geneva Sutton (Owner)
D, Ap.pellant:
Geneva Sutton (Owner)
515 S. Crescent Drive 1201
Hollywood, FL 33021
Franklin D. Greenman, Esq. (Agent)
Greenman and Manz
5800 Overseas Highway, Suite 40
Marathon, FL 33050
ASUTTON.05/TXTDR
page 1
, ~,>'
~,~
:E. Precise Decision Being Appealed:
Denial of Permit Application #96-3-2644 for
construction of a residence.
F. Date of Decision: September 18, 1996
G.' p_ppellant's Desired Solution:
The appellant wishes to be granted a permit for
construction of a single family residence.
H. Appellant's Basis of Appeal:
The appellant contends that the zoning change granted
in 1986 from NatiVE- ~Tea (NA) to Sparsely Settled (5$)
recognizes her legal right to build a single family
residence on the property. Further, the permit
denial is inconsistent with this rezoning, and takes
away all viable economic uSe of her property.
It is also contended that the biological review of the
property is incorrect and inaccurate.
BASIS OF ST~~F DECISION AND DISCUSSION Or APPEAL:
Background:
The background of the parcel clearly indicates that Ms. Sutton
has been aware of the environmental sensitivity of the property
since 3.987.
~
Under the Florida Keys Comprehensive Plan of 1986, the subject
Darcel was zoned Native. In 1987, Geneva Sutton applied for a
map amendment on the subject parcel to rezone from Native to
Urban Residential,
The scaff report prepared for the rezoning request stated that
the land conditions on the property were scrub mangroves and
fringing mangroves. The analysis of the land use states that
"native land use {is) consistent with the condition of the land
which is scrub mangroves and fringing wetland environment, pub~
lic facilities and disaster evacuation." The planning depart-
ment and the development review committee recommended denial of
the rezoning. The Planning Commission recommended to the Board
of County Commissioners that the parcels be changed to Sparse+y
Settled and recommended denial of the request to change the
zoning to Urban Residential.
In 1968, zoning of the property was chanced to Sparsely Settled
by the Board of County Commissipners. Ms. Sutton then modified
her map amendment application to request a rezoning from Sparse-
ly Settled to Suburban Residential.
.F.SL:TTON. 05 /TXTDR
page 2
:Again, the Planning Department recommended denial of the re-
quest, stating that ~Native land use is consistent with the
condition of the land which is scrub mangroves and fringing
wetland environment. Increased density would adversely impact
environment, public facilities and disaster evacuation. This
property was originally zoned NA and changed to 5S in the first
round of amendments."
The Boara of County Commissioners approved a zoning change to
Sparsely S~ttled - Limited. The DCA denied the request.
In 1589, Robert Smith, former Senior Eiologist for Monroe Ceun-
ty, wrote a letter to Ms. Sutton stating that "the ..llocated
density within the 5S land use district is 1 unit/2 acres. The
ma~imu~ net density is 6 units/buildable acre. The district
open space is ,eo which effectively makes the property
unbuildable as the maximum net density is exceeded with even one
unit.. II
In a 2555 memo to Mark Rosch, William Miller, former Environmen-
t..l Fl..nner for Monroe County. confirmed Mr. Smith'~ assessment
of the property. Figures prepared by Mr. Smith and Mr. Miller
are slightly different due to the fact that nc survey was provid-
ed. Mr. Miller'S memo SLated "Neither density calculation {for
the ewe adjacent parcels owned by Ms. Sutton} meets or exceeds
t"he rr.inimum amount necessary in order to allocaee one single
family residence. Development rights cannot be transferred to
the property in order to build as the maximum net density is
exceeded by one dwelling unit."
,
E~vironmental ASSEssment under the 2010 Comprehensive Plar:
A 1992 survey cf Parcel e, prepared by independent biologist,
Tom Stroebel. delineates.. saltmarsh-buttonwood area of 5695
SQuare feet and a hammock area of 3727 sauare feet. The remain-
der of the property is mangrove. Upon i~plementation of the
2010 Comprehensive Plan in January 1996, Saltm..rsh and
Buttonwood Wetlands were assigned an Open Space Ratio of 100
percent, meaning that this area c..nnot be included in net
buildable area calculations. Also, a development setback of at
least 20 feet from saltmarsh-buttonwood areas is required, fur-
ther reducing the net buildable area in the remaining hammock
zone, which measures 50 feet at its widest point. When front
and side yard setbacks are subtracted, the net buildable area
drops to about 300 square feet.
page _
ASUTTON.05!TXTDR
Response to Basis for appeal:
The applicant states that she obtained a variance from NA to 5S
in recognition of her legal right to building a single family
residence.
However, under the Florida Keys Comprehensive Plan, approved in
158E, and fhe 1586 land development regulations, tne property
was not buildable, even if the adjacent lot owned by Ms. Sutton
were included in the application.
Zoning, per se, does not grant the right to develop the property
in a manne~ contrary to existing regulations and does not guaran-
tee that every property within the zoning's jurisdiction is
buildable. Therefore, the letter denying the permit for a sin-
gle family home is not inconsistent with the prior granting of
the zoning change.
EstQppel and vested rights doctrines cannot apply to Ms.
Sutton's Case because she has been aware for over ten years that
the property was not suitable for development. Since 1589, Ms.
Sutton has had written confirmation on several occasions from
the County Eiologist that the property was not buildable. Ms.
5wtccn has not expendeci a substantial investment basec on reli-
ance of a ocve=nmental act. In fact. she has expended funds
despite th~ fact the County has written to her that the property
is not buildable and that she knew that the property was primari-
ly wetla~ds for over a decade.
~.
STP~F RECO~~ATION;
The staff rEcommends denial of the appeal and also recommends
that Ms. Sutten seek relief via the beneficial use process.
ASUTTON. 05 /TXTDR
page 4
-- .
.
Attachment 28
LAND USE l\. ENVIRONMENTAL lAW
INVERSE CONDEMNATION l\. CIVil R,GHTS
O'L 1.. HAZARDOUS SUeSTANCE SPILLS
ADMINISTRATIVE LAW
MATT SON IS. TO BIN
ATTORNEYS AT LAW
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
'P05T O,....-.CE BOX ~eQ
"-'fl5T 5'TA'TE BANK.BUIL.DING, "'M 1:17.8
KEY LARGO, FLORIDA 33037
.JAMES S, MATTSON, PH.D.
ANDREW M. TOBIN
TELEPHONE 30~-8 ~ ,-338 8
Mel MAIL 10 ;)Z&1-I871 .
TELEX e~O';)Z8-..t7' Mea uw .
LINOA R. HOWE, ClA
April 14, 1992
Mr. Lorenzo Adlemo, County Planning Director
Public SeIVice Building, Stock Island
5100 College Road
Key West, FL33040
Re: Lots 8 & 9. Gqv't Lot 1, See. 4, Twp 62S, Range 39E, Key Largo
Geneva Sutton, owner.
Dear Lorenzo:
. .
As I explained to you yesterday, Mrs. Sutton received the attached letter nearly
three vears ago, dated Ap'riJ 25, 1989, sIgned by you and Bob Smith, stating that the above-
referenced lots are unbuildable. She also received an unsigned letter da~d....March 4, 1991,
that appears to reach the conclusion that the )015 are buildable. I believe the
Smith/ Aghemo 1989 letter is incorrect, as it incorrectly applies the district open space ratio
only to the non-mangrove uplands on 'the parcels. Please review my reasoning below and
let me know, in writing, whether these parcels are currently buildable, and at what density.
~. I have enclosed an 8-1/2 x 11 inch aerial photograph sbowing the general
area of Mrs. Sutton's lots. They lie on th. e ocean between the defunct Hidden Bay project
(the large marina in the photo) and the small house in the foreground. I have used red
tape to show the approximate lot boundaries. Please return the photo with your response.
.:8. I have also enclosed a copy of the unsigned March 4, 1991, letter to Mrs.
Sutton, on County letterhead with a PK return address, which n:ia1ces the following points:
1. At 112, tbe letter incorrectly states that the parcels are zoned NA., and
tbat density could be anywhere from O.to 0.5 units per acte.
.2. At 116, the two parcels contain approximately 2.91 and 2.93 acres,
respectively.
3. At 117, the letter correctly states that tbe parcels were rezoned in the
."first round" of map amendments, in 1987, from NA to SSe
4. At 17, the SS zoning provides her with an allocated density of 0.5 units
per acre, re&9-rdless of habitat type. .
t. J have attached a copy of tbe April 25, 1989, letter signed by you and Bob
. Smith, which condudes the parcels are unbuildable, apparently using tbe following reason-
...i.ng. (Mv COlD.IIltllts are in narenthe~es_)
.,
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Mr. Lorenzo Aghemo
April 14, 1992
Page 2 '
The parcels are zoned S5. (This statement is correct.)
The parcels are ''predominantly mangrove," with one area of
"disturbed with exotics" and one area of "disturbed with salt marsh and
buttonwood." (This appears to be an exaggeration, based upon the
photograph, but a habitat survey would resolve this question.)
The total 'dry land area' (presumably the two "disturbed" areas) is
. about 0.7 acres. (This may not be accurate, given that the photo
shows that about 50% of the parcels is non-mangrove.)
The "environmental" open 5l'ace ratio ("OSR") for the 0.7 acres of
"disturbed" land is 0.2, kavmg about 0.55 acres of buildable area
within the "disturbed" habitats. (Correct, if the 0.7 acre figure is cor-
rect.) .
The allocated density in 5S is 0.5 units per acre. (Correct.)
Th~ maximum net density in 55 is 6 units/buildable acre. (Correct,
but if she had 0.55 "buildable acres" she could build 3 dwelling units.)
"The distJict 05R is 0.80 which effectively makes the property
unbuildable as the maximum net density is exceeded with even one
unit." (This sentence makes no sense.)
Consider the last point made in the 5mith/ Aghemo letter, that the max net density ~'l
is exceeded with One DU. Correct me if I .am wrong, but I believe the "buildable area" in
55, to which the max net density applies, is 20% of the entire pQTCe~ not 20% of the least
sensitive habitat. If the acreage (5.84 acres total) cited by the County in its March 4, 1991,
letter is correct, she has 0.20 x 5.84 = 1.17 "buildable" acres, and could build 7 dwelling
units using transferable development rights. Furthermore, as I interpret the lDRs, 5.84
pcres of 55-zoned land, whether mangrove or not, would entitle Mrs. Sutton to 0.5 x 5.84 =
i.92 allocated dwelling units. My c~culations, b~ed up~n 5.84 acres of land abo,":e mean
lUglJ '-Vater, show ~at ~he could. build four dwelling unIts on the two parcels, usmg 1.08
m:.Rs, or three umts WIth 1j12th (0.08) of a IDR. . _ .
'., Lorenzo, this owner has been sitting on her property, tluwang it was unbuildable,
for .llU"~e y~ars. The March 4, 1991, letter is internally inconsistent and did .not give her
~l~iLt ~U{e~ti~ns. The County is now pr?posing .to prohibit, or severely inhibit, development
~ ltiar~allands such as these, and It 15 not faIr to Mrs. Sutton to keep her confused about
nQf b\llld41g rights. Please give this matter your serious attentio~ without undue delay. On
b~~.~f of Mrs., Sutton, thank you for taking tbe time to straighten this out.
Sincerely yours,
ttson & Tob'
1.
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7.
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Plantation Key Government .Center
88820 Overseas Highway
Tavernier, Florida 33070
Telephone: (305) 852-7175
March 4, 1991
Geneva L. Sutton
719 N. Rainbow Drive
Hollywood, Florida, 33021
Dear Mrs. Sutton,
....-
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/~ BOARD?F COUNTY .COMMISSIONERS
. MAYOR. WilholmlnaHarv-v..'1Oiatf.ict 1
Mayor Pro ~T.m. J.ck\.~OI1jJDI..t&:t.'2.
,Dougl.sJori'i.:',DI.t"ricr~"(~ .
.... A. Earl Ch.....OI.tdC'fi...~t :4
JQhn Stormoot~ :.Dlstritt :~ ~
Attachment 2C
_.~t!3:".: .~..
Your letter of January 24, 1991 'to Harry'Knight , Tax~':
Collector for Monroe County, has been referred to me .'by:his --,
office for reply.
-..:;~~~~ '~:'"....
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In considering your letter, and the circumstances surrounding
your property, the following information is presented:
...;i.
1.
You have indi~ated that you purchased theprope~ty in
1972, and the property was zoned at 10.31 units per
acre.
Attached (as "A"), please find 1984 zoning. map of the
county, indicating that the property, in 1984; was
zoned as GU, or 1. unit per acre.
This zoning I to my knowledge, was placed as such.-in'
either 1976 or 1978. (I c~n find' nO'records,. fqt:,that.':~
time, and I was not a County Commisst:onei( a.t.'tha~:--:..'~
time. )
In the years of 1984 through 1986, Monroe' 'Coun'.t-Y'~:we1i.t
through a period of adopting a comprehensive La'iid"Use
Plan which changed the zoning of a'll parcels in:~ .t.he . .
county. Finally, after bvet 90 public hearirig$ and'
appropriate advertising of each of those hearings,
according to Florida Statutes, on February 28, 1986,
the new Comprehensive Land Use Plan for Monroe County
was adopted, to take effect on September 15, 1986.
2.
'".! ";..
. . .
. ......:.
Attached, as "B", please find.the zoning for'your'
property which has existed since September :15, 1986, ..
indicating a NA (for Native) zoning.
,. \. ,;-
.,
,..
..
This zoning was placed in-that the p~oper~y ei.ther
contained extensive wetlf,nd.s (defined -by Florida
Statutes), other environmentally sensitive land types
or extensive hardwood hammock.
The density of the Native zoning for your property is
determined by a biological evaluation on the property,
when a permit is requested for its use, to determine
the exact types of land (Mangroves, Transitional .
Habitats, Scarified/Disturbed, Hammock. Beach Berm or
Pinelands).
When this assessment is completed,.density could be
anywhere from 0 units per acre (if mangrove) to .5
units per acre, if scarified/Disturbed or Hammock..
(Attached as "e")
3 .
Current Land Use Regulations, for the Native zoning is
attached as "D".
You will note that uses are, at a m~n~mum, detached
residential dwellings (single family homes), with other
uses of condominiums, public buildings, ag~icultural
uses, radio, television and telephone towers, and
marinas, subject to the density of the property.
~1-
Therefore, If you had 20 acres, you would be permitted
20 single family homes, or up to 20 condominium units,
depending upon the type of land identified.
Of course, if your property consisted entirely of
mangroves, you would be permitted no development (just
as you would have been permitted no development, under
the old GU zoning, with mangroves present).
4. You will note (from the materials presented to Mr.
Knight, which were forwarded to me) that parcel 1102334
(RE ID 90370-000000) had significant reduction in taxes
between 1986 and 1987 (1986 - $909.85, 1987~~.$274.67,
and notation that 1990 was $202.65),. indicat!ng that
the Property Appraiser re-evaluated the PCir.~el., and
found considerable mangroves present, and .thusly
reduced the taxable value of it, considering its
potentially non-buildable status.
5. Parcel 1102393 (RE ID 90400-000300) had .a reduction in
taxes during the same time period (1986 - $890.29, 1987_
- $166.23, 1988 - $193.98, 1989 - $162.17, 1990 -
$116.79, and currently $121.64) also indicating that
re-evaluation in 1986-1987 indicated very little
buildable land.
6. These two parcels contain approximately 2.91 acres and
2.93 acres, therefore placing a tax of approximately
. ..
. ~
-
...
tit
$68.94 per acre apd $39.86 per acre. You will note
that in 1986 (before the re-evaluation of the
environmental conditions on the properties) the
properties were taxed at $310.52 per acre (1102334) and
$305.94 (1102393).
7. If I am not mistaken, you submitted a request for
rezoning of your properties, which was granted, in
1987, changing the zoning from NA (Native) to SS
(Sparsely Settled) (Attached as "E", Zoning Map, and
"F", minutes of meeting) thus providing you with a
density of .5 units per acre regardless of habitat
~.
;,;
Therefore, I would suggest that the record reflects. that the
taxes which you are paying, presently, for your property have
indeed been reduced by approximately 75% of the amount you were
paying, prior to the adoption of the Comprehensive Plan, and the
record reflects that we did, indeed, give you more value in your
land (from what it had been re-zoned to, in 1986), by granting
you ~ use of your property (SS instead of NA)
This is documented by uses permitted in 55 (Sparsely ~
Settled) attached as "G". This clearly demonstrates that the
Land Use Map Amendment which you were given adds the following
uses to those which you previously held when the parcels were
zoned NA (Native): Parks and community parks, campgrounds, and
hotels (from 5 units per acre to up to 15 units per acre).
Up to 15 rooms per acre appears to be a far greater density
than you enjoyed under the previous -"old" zoning of 1 unit per
acre.
I am in sympathy with your request, but cannot acknowledge
that you should be given a full rebate and refund of.your tax
monies paid, since the record reflects that you are paying
significantly less taxes per acre, with considerably more density
per acre, than that which you had prior to the adoption of the
Comprehensive Land Use Plan.
cc: Harry Knight, Tax Collector
'C'"''''....~ t"'I-f rt"'lllnrV C:ommissioners
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Attachment 20
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:.1 STATE OF FLORIDA J
DEPltRTMENT OF COMMUNITY AFFAI~~
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In Re: Draw Out of
:Map .Amendment No. .104
:from Rule 9J-14. 008
(Genevp ~.'sutton)
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. HEARl G OFFICER'S DETERMINATION
".!.COl'm STENCY OF MAP AMENDMENT W:l:
'PRINC PLES FOR GUIDING DEVELO?ME
,
~heH::::::::::~t:~-::::~::s d::: r: e:: g:: ::::1: :~:::~ i:::~r::. .
Marathon, Florida, upon Petitioner's request for a draw-out
. .
hearing pursuant tq 1ection 120.54(17), Florid~'ftatutes. The
~~aring Office;, ~~v~ng heard the testimony of.Y~e wi~ne~ses and
having reviewed the Qvidence in the record, ma~~s the following
findings:
1. The subject property is a 5-acre
upon which are locat d scrub mangroves and
Tne .parcel abuts the'. Atlal)tic Ocean and is
. p'"! ; j', ,!.
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S5, Sparsely S~ttled.
undeveloped parcel
.. ,
fr irF 'ng mangroves.
pre~~' ~tly designated
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2. The proper y was originally designated' Native (NA).
The proposed ~~~ndme~t to SR would permit incr~~~ed density which
would adversely affect the fringing wetland environment, public
:;,
facilities and disaster evacuation.
: I:: .3.' · The'tharbcJer of the property is con~il~tent with the
purpose of the SS district, to esablish areas df. low density
residential development where the predominant character is native
or open ~pace lands.
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The existing designation is appropriate for the wetland .
character of the site.
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5. The propo ed land use designation i~ also inconsistent
with Section :~eo. 05 217)( a) - (e), Florida st~ ttes, known as the
Principles for Guid ng Development. '1
THEREFORE, it s recommended that the pro osed map amendment
I
from Sparsely Set'tl d (SS) to Suburban Res iden ial (SR) be
denied-by the Department by rule, pursuant to Sections
. ~j80. 0552 (9 ) and TiOT;" Florida Statutes. :j~
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Ran a Ke ey I
Assistant Secretary
Department of Community Affairs
2740 Centerview'; rive
Tallahassee, FLi' 32399-2100
(904) 488-0410 : II
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CERTIFICATE OF SERVICE
I hereby
a true and correct aopy of the
the following by u~~. Mail the
g #v
certi y that
1
been tent fo
foreg~ing has
. day of May, 1990.
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Geneva L. Sutton t
. 719 North Rainbow Dive
Hollywood, FL 3302
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L. K thry Funchess, Sr. Attorney
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C$RTIFICATE OF SERVICE
I HEREBY CERTIFY hat a true and correct copy :~f the
fo~egoing'has been fur,ished to the parties listed below by
d..., .;
U:S. Mail this~ day of January, 1990.
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719 North,Ra1nbow Drive
Ho.llywo~d XFlo~ida '330,21
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MONROE COUNTY
LAND AUTHORITY
Attachment 2E
July 13, 1989
Ms. Geneva L. Sutton
719 N. Rainbow Drive
Hollywood, FL 33021
RE: Property at MM 99.5, Ocean Bay Drive
Key Largo
Dear Ms. Sutton:
You asked today that I provide you with a written statement as to
~ne consideration of your property. As I explained by phone, I
recalled that your property was considered wetlands, and that
would mean it was not under consideration. However, I wanted to
check to see specifically what was in our files and that I would
contact you with that information.
I did find that your property was considered with other acreage
tracts nominated for consideration as part of the Land Authority
Advisory Committee's 1989 Acquisition List, and that it was not
considered entirely wetlands. At the March, 1989, meeting where
this list was first discussed, the Advisory Committee, following
the policy direction of the Land Authority, placed acreage tracts
as the last priority for consideration. Subsequent meetings
eventually refined the list so that solid waste sites were given
the highest acquisition priority, with unbuildable subdivision
lots given the second consideration. Acreage tracts were not
voted upon, and that situation is not expected to change until
the first two acquisition categories are completed.
Additionally, both the Advisory Committee and Land Authority
continue with the policy of not purchasing wetland sites. I also
asked the county's Land Use Attorney to review your materials to
determine any options available to you under the Land Use Plan,
but he did not find any.
:n
I have enclosed a copy of the letter sent to you by Robert Smith,
County Biologist, and Lorenzo Aghemo, Land Use Planner,
indicating that your site is unbuildable due to the land use
plan. As found in their letter, this situation results from a
combination of the presence of wetlands on your site and the
lower densities of the land use plan.
6826 Jr. CoUege Road West. Wing 111. Slock Island. Key West, FL 33040-4399
(305)294-4641 exl. 139, 140 or 13051292-7191
iJage 2
Ms. Geneva Sutton
July 13, 1989
I then explained that we as we are not purchasing wetland sites,
and that since no acreage tracts have been recommended for
purchase in 1989, the Land Authority is not in a position to make
an offer. In reviewing our material, I can tell you that since
your entire site is not considered wetlands, it is possible that
an offer could be made in the future. However, that would only
happen after the solid waste sites and unbuildable subdivision
lots are purchased.
You asked about purchase prices, and I indicated that if the site
is considered wetlands, no offer would be made. However, as
noted above, your site is not entirely wetlands. The current
policy is to offer willing sellers the 1986 tax roll assessment,
plus 15 percent, on subdivision lots. Since no acreage parcels
have been acquired, prices have not been set, although the policy
is that the 1986 tax roll assessment will be used as a guide with
the final price being set by a fair market appraisal paid for by
the Land Authority. Our records show the following 1986 tax
assessments on your property: RE#.9037, 2.71 acres - $66,631 i and
RE#9040-000300, 2.48 acres - $65,200.
You also asked that I refer you to someone else that might be of
assistance above me. After telling me all of the Planning
Department people you have spoken with, I suggested that County
Commissioner John Stormont in your Upper Keys district, may be
the only avenue left. Mr. Stormont, with the other County
Commissioners, sits on the Board of Directors of the Land
Authority. I have taken the liberty of forwarding to Mr.
Stormont the materials you have previously sent me for his
information and review.
I realize this letter is not as short as you wanted, but once I
completed our telephone conversation, I found this other material
which is relevant. At this point, we have no additional
information, but I will be glad to answer any questions you might
have.
;,.
Sincerely,
cl~
Charles Pattison,
Executive Director
enclosures
cc: Commissioner John Stormont
~.... - tIi....'..'..
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-3<Yv~~r;,0:.~~,~~~E
Mrs.G.Sutton
Miami, Fla.
~. r .r:OUNTY COMMISSIONERS
Jerry Me ,dez. District 1
MAYOR Gene Lytton. District 2
Wm. Billy Freeman, District 3
M8yor Pro tern Mike Puto, District 4 .
John Stormont. District 5
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Planning Department
88800 Overseas Hwy, Rt.3
Tavernier, FL 33070
April 25, 1989
Re:Lot 8 & 9 of Govt. lot 11 Section 4, Township 62S, Range 39 E,Key
Largo
Dear Mrs Sutton,
In regards to the above refer""r.ced parcel a site inspection was
made by the County Biologist as per your request. This inspection re-
sulted in the following: The subject parcel is classified as per the
land use plan as SS (Sparsely Settled). The Environmental character-
istics of the parcel are as follows: The site is predominently man-
groves with one area of disturbed with exotics and another which is
disturbed with saltmarsh/buttonwood. The total 'dry land area' is
about .70 acres. The environmental open space is .2 which leaves .55
acres of buildable area.
The allocated density within the 55 land use district is 1
unit/2 acres. The maximum net density is 6 units/buildable acre. The
district open space is .80 which effectively makes -the property
unbuildable as the maximum net density is exceeded w.ith even one
unit.. If the property were SRL (Suburban Residential LTD.), as you
indicated it could be if the land use change were completed, then you
would have a density allocation of .70 units with a maximum net densi-
ty of 3 units/buildable acre. It is possible to construct one unit on
your property if you transfer .30 development rights (TDR) from some
other suitable site.
All of the above calcul~tions are based off of estimates and would
need to be verified by a survey of the property with the "appropriate
environmental zones marked. Please feel free .to contact us if we can
be of any further assistance in this matter.
c~~_
ROber~~~nior Biologist
Lorenzo Aghemo, Planner
cc. G.Garrett
T.Symroski
H.Tupper
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Salltl". Walt.,.. ColtSUltClllb, 911c.
1410 Fifth StrHt, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detenninatlon
ATTACHMENT 3 A
2002 Aerial Photograph
"Property Lines are Approximate
Legend
Owner
N
w.
s
Rice
D Sutton
o
I
550
1,100
J
2,200 Feet
I
Source: Monroe County Property Appraiser
Adapted by SWC
Swtdra Walters Constdtcurts, 9nc.
&410 Fifth Street. Suite 3. Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determlnatl~n
ATTACHMENT 3 B
1991 Aerial Photograph
*Property Lines are Approximate
Legend N
w.
Owner
Rice S
D Sutton
0 550 1,100 2.200 Feet
I I I
Source: Monroe County Property Appraiser
Adapted by SWC
Sand... Walt.,.. Co,.."ltanb, !lltc.
6410 Fifth Street, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determination
ATTACHMENT 3 C
1981 Aerial Photograph
.Property Unes are Approximate
Legend N
w.
Owner
Rice S
D Sutton
0 550 1,100 2,200 Feet
I I I
Source: Monroe County Property Appraiser
Adapted by SWC
Sandra Waltel"5 Consultants, 9"c.
6410 Fifth Street, Suite 3. Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detennination
ATTACHMENT 3 D
Aerial Photographs
Source: Client
Looking due east across Kawama Bay Condominiums at subjed
property. Photo taken July 1982.
Looking due west with future location of Key Largo Yacht Club in
foreground, subject property left and center, Photo taken July
1982.
1
Sandra Walters .Consultants, 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
719 Eisenhower Blvd., Key West
Benthic Survey Report, August 31, 2004
ATTACHMENT 3 D
Aerial Photographs
Source: Client
Looking due north, subject property in center. Photo taken July
1982.
Looking northeast across property. Photo taken 1982 or 1984.
2
SGndm Walters Consultants, 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
719 Eisenhower Blvd., Key West
Benthic Survey Report, August 31, 2004
ATTACHMENT 3D
Aeria'l Photographs
Source: Client
Looking west across property. Note Key Largo Yacht Club now
built. Photo taken 1987 or 1988.
3
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APPRAISAL
REPORT
A Complete Appraisal, Summary Report
Property Located At:
UNDEVELOPED TRACT, PART OF GOVT. LOT 1
TOWNSHIP 62, RANGE 39, SECTION 4
PARCEL Nos.: 00090370-0000000 AND 00090400-000300
KEY LARGO, FLORIDA 33070
PROPERTY TYPE:
UNIMPROVED SINGLE F AMIL Y RESIDENTIAL TRACT
Prepared For:
Ms. GENEVA SUlTON
C/O SANDRA WALTERS CONSULTANTS, INC.
Valuation Date:
NOVEMBER 1, 2004
Inspection Date:
NOVEMBER 1, 2004
Prepared By:
JAMES E. WILSON
STATE-CERTIFIED GENERAL APPRAISER
CERTIFICATION NO.: RZ 0002164
ELAINE LIZ-TRUJILLO, MAl
STA TE-CERTIFIED GENERAL APPRAISER
CERTIFICATION NO. RZ 0001627
APPRAISAL COMPANY OF KEY WEST
3229 Flagler Avenue, Suite 101
Key West, Florida 33040
OUR FILE NO.: 429-04
11
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--
APPRAISAL
OF KEY WEST
co.
3229 Flagler Avenue, Suite ...01
Key West. Florida 33040
Telephone: (305) 2M-oI588
Fax: (305) 286-0483
Web8Ite: f1a-keysappralsals.com
Emall: jim@f1a-keysappralsals,<:om
December 20, 2004
Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA W ALTERS CONSULTANTS, INC.
6410 Fifth Street, Suite 3
Key West, FL 33040
Subject:
Appraisal Report:
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Our File No.: 429-04
Dear Ms. Sutton:
We have performed a complete appraisal process, summary report to estimate the value for the
above referenced property. We have personally examined and appraised the property for the
purpose of reporting to you our opinion of the "As Is" Market Value of the Fee Simple Interest of
the Subject Site assuming the granting by Monroe County of an allocation to build one single
family residence on the property through the beneficial use process established in Policy 1 0 1.18.5
of the Monroe County Comprehensive Plan. We have also considered the Prospective Value of
the improved site upon completion of a single family residence per general written specifications
provided.
The subject site consists of a 4.08 acre site which fronts along an unpaved, gravel road which
extends southerly at the terminus of Lake view Drive. The subject site fronts an estimated 200.0
feet along the gravel road and extends more than 850 feet in length to the Atlantic Ocean.
According to the Monroe County Tax Assessor's records, the site consists of3.58 acres offringing
mangrove, 0.22 acres saltmarsh, and 0.28 acres tropical hardwood hammock (upland). Surveys
by Hal Thomas, P.LS. show the upland on the property is located at the southwesterly comer
along the unpaved road with a total area of 11,841 square feet; therefore, the majority of the site
consists of dense mangrove or environmentally protected vegetation with no development
potential. A survey of the immediate area and properties indicates no docks or waterfront
amenities. It is assumed that the subject property would not be permitted dock or any waterfront
amenities.
According to written specification provided, the subject site will be developed with a three-story
CBS/masonry residential structure including three bedrooms and two and one-half bathrooms.
The house will be of very good quality construction with smooth surface finishes in the
kitchenslbathrooms, high-quality fixtures and marble flooring throughout. The ground level will
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Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
December 20, 2004
Page 2
include a built-in bar-b-que island with keystone entry, tropical landscaping the lighting. A brick
driveway will be featured and will lead to covered parking and storage areas. The second level
will contain a kitchen/entertainment/family room (great room concept) plus guest room/den,
laundary room and Y2 bathroom. The third level, providing a panoramic ocean view and breezes,
will house the master suite, plus a guest bedroom and full bathroom. The single family residence
will boast 3,200 square feet ofliving area, plus 600 square feet of balconies.
Market Value is defmed as the most probable price in cash (or its equivalency) for which the
appraised property will sell in a competitive market under all conditions requisite to a fair sale.
Market value assumes a nonnal or reasonable time for exposure on the open market.
This report contains the results of our investigation and analysis made in order to furnish an
estimate of the "As Is" Market Value of the Fee Simple Interest of the subject site, assuming
highest and best Qse for development of one single family housing unit allocated through the
beneficial use process (Monroe County Comprehensive Plan Policy 101.18.5). We have also
considered and estimated the Prospective Market Value of the Fee Simple Interest of the subject site
upon completion of the proposed residence according to preliminary written specifications.
The Fee Simple Interest is the unencumbered value of the subject property; basically, market rents
and terms are considered with no regard to existing leases and terms. The reader is cautioned that
a title search was not made; thus, no encumbrances are considered herein. Typical properties and
structures are owner-occupied, not leased or purchased for their potential income.
Based on analysis of market data, inspection, and research, it is our opinion that the "As Is"
Market Value of the Fee Simple Interest of the subject vacant site, Real estate parcels owned by
Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, assuming development of one
single family home through a beneficial use allocation (Policy 101.18.5), Monroe County
Comprehensive Plan, subject to defmitions, assumptions and limiting conditions, as of November
1, 2004, is:
FIVE HUNDRED TWENTY THOUSAND DOLLARS
( $ 520,000 )
We have also analyzed market data and conducted research of improved sales in order to provide
an estimate of a Prospective Market Value upon completion of the proposed residential structure
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Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
December 20, 2004
Page 3
on the subject site. a value range was estimated due to the preliminary nature of the specifications
of the proposed improvements, Based on preliminary written specifications provided and
research, the Prospective Market Value of the Fee Simple Interest of the subject property, Real
estate parcels owned by Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, upon
completion of proposed improvements, as of November, 2005, is from:
ONE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS
( $ 1,120,000 )
TO
ONE MILLION THREE HUNDRED FORTY THOUSAND DOLLARS
( $ 1,340,000 )
This is a complete appraisal process, summary report which is intended to comply with the
reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for a summary appraisal report. As such, it might not include
full discussions of the data, reasoning, and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation concerning the data,
reasoning, and analyses is retained in the appraiser's file. The information contained ill this
report is specific to the needs of the client and for the intended use stated in this report. The
appraiser is not responsible for unauthorized use of this report.
If you have any questions regarding this appraisal report, please feel free to contact us. Thank
you for giving us the opportunity to provide this service for you.
Respectfully submitted,
i::il~on~
State-Certified General Appraiser
License No, RZ 0002164
Elaine Liz. Trujillo, MAl
State-Certified General Appraiser
License No. RZ 0001627
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S~mmary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUMMARY OF FACTS AND CONCLUSIONS
Subject Property Address:
Property Type:
Land Size:
Zoning:
Fee Simple Values:
Cost Approach Value:
Sales Comparison Approach:
Income Approach:
Final Value Estimate:
Highest and Best Use:
Date of Valuation:
Date of Inspection:
Date of Report:
Marketing Time:
Exposure Time:
Township 62, Range 39, Section 4
Parcel Nos.: 00090370-0??oo00 and 00090400-000300
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Undeveloped Residential Site
11,841 Square Feet of Upland Area
Remainder of Pat eel is Mangrove
4.08 Acre Site
SS. Sparsely Settled District. Monroe County
"As Is" Market Value
Not Applicable
Upon Completion of SF
Home
Prospective Market Value
Not Applicable
$ 520,000
$ 1,120,000 to $ 1,340,000
Not Applicable
Not Applicable
$ 520.000
~ 1.120.000 to Sl.340!.OOO
Development for Single Family Use
November 1, 2004
November 1, 2004
December 1, 2004
6 to 18 Months based on a list price within 5 percent of
appraised value and based on stable economic conditions.
Equal to present marketing time.
Appraisal Company of Key West
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Summar Ap~raisal Rec.or~TT11
Extraordinary Assumption:
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
I III
The subject property is readily developable as of
right with one single family residence containing
3,200 square feet of living area within a two-story
"stilt" single family residence. The valuations herein
assume the granting by Monroe County of an
allocation to build one single family residence on the
property through the beneficial use process
established in Policy 101.18.5 of the Monroe County
Comprehensive Plan.
Appraisal Company of Key West
Page 2
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Summary A~rraisa/ Refort
Parcel No.: 00090370-000000 & 00090400-000300, KeyLargo, FL
COMPLETE APPRAISAL. SUMMARY REPORT
This is a complete appraisal process, summary report which is intended to comply with the
reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for a summary appraisal report. As such, it might not include full
discussions of the data, reasoning, and analyses that were used in the appraisal process to develop
the appraisers' opinion of value. Supporting documentation concerning the data, reasoning, and
analyses is retained in the appraiser's file. The information contained in this report is specific to
the needs of the client and for the intended use stated in this report. The appraisers are not
responsible for unauthorized use of this report.
This appraisal is the result of a complete appraisal process; therefore, no departures were invoked.
This summary appraisal report is a brief recapitulation of the appraiser's analyses arid conclusions.
Supporting documentation is retained in the appraiser's file.
INTENDED USER:
Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INe.
6410 Fifth Street, Suite 3 .
Key West, FL 33040
APPRAISERS:
James E. Wilson
State-Certified General Appraiser
License No. RZ 0002164
Elaine Liz-Trujillo, MAl
State-Certified General Appraiser
License No. RZ 0001627
SUBJECT: Parcel Nos.: 00090370-0000000 and 00090400-000300
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Appraisal Company of Key West Page 3
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Summary Alfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
PURPOSE AND INTENDED USE OF THE APPRAISAL
The purpose of this appraisal is to report our opinion of the "As Is" Market Value of the Fee
Simple Interest of the subject property based on its highest and best use for development of a
single family home as of November 1, 2004. We have also considered the Prospective Market
Value of the Fee Simple Interest of the property subject to completion of a single family
according to verbal and Writting specifications as provided. The Fee Simple Value does not
consider any personal property, fixtures or equipment.
The intended use of this appraisal is to provide general information to the client for development
of the subject site. The intended users of the appraisal report are Geneva Walters, and Ms. Sandra
Walters Consultants, Inc.
PROPERTY RIGHTS APPRAISED
This appraisal is made with the understanding that the present ownership of the property
includes all the rights that may lawfully be held under a Fee Simple Estate. These rights are
sometimes referred to in appraisal literature as the "bundle of rights" . It includes the right to
use, keep others from using, sell, rent or otherwise dispose of the property. The elements which
have been included in this appraisal are the vacant, scarified site.
The subject property consists of a vacant, undeveloped residential site. No long-term leases are
proposed or in effect at the subject property. A Fee Simple Interest Valuation has been detailed.
However, the reader is cautioned that a title search was not made; thus, no encumbrances are
considered herein.
LEGAL DESCRIPTION
We have made an appraisal report with respect to the subject property for which a legal
description was made available from the Monroe County Tax Appraiser's records as follows:
Township 62, Range 39, Section 4
Parcel Nos.: 00090370-0000000 and 00090400-000300
Key Largo, FL 33070
Appraisal Company of Key West
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Summary A~praisal Report
Parcel No.:L00090370-000000 & 00090400-000300, Key Largo, FL
MARKET VALUE DEFINITION
Market Value, in the definitions of the Uniform Standards of Professional Practice, is defined
as:
"The most probable price which a property should bring in a competitive and open market under
all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus. Implicit in this definition is
consummation of a sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
a) Buyer and seller are typically motivated;
b) both parties are well infonned or well advised and each acting in what he
considers his own best interest;
c) a reasonable time is allowed for exposure in the open market;
d) payment is made in tenns of cash in U.S. dollars or in terms of financial arrange-
ments comparable thereto; and
e) the price represents the nonnal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated
with the sale."
FEE SIMPLE EST ATE DEFINITION
According to The Dictionary of Real Estate Ap,praisal, Third Edition, "Fee Simple Estate is
absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police po~er, and escheat."
NEIGHBORHOOD
The subject parcel is located near mile marker 99.0 within the "City Center" of Key Largo. The
subject property is situated within a residential subdivision which is located southerly of Overseas
Highway, with access from the north-bound lanes of the Overseas Highway, also known as U. S.
Highway No. I, which is the main and only highway connecting the Florida Keys to the mainland.
The subject property is situated approximately 95 miles northeasterly from Key West, about seven
miles southerly of the northernmost bridge connecting the Florida Keys to the mainland. The
Appraisal Company of Key West
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Summary Afpraisai Refort ~
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
r~L T m I
Florida Keys are a chain of islands extending in a southwesterly direction from the Southern tip
of Florida, which are connected by a series of bridges. U.S. HighwayN6. 1, Overseas Highway,
provides access to these various islands from the mainland. The Florida Keys extend an estimated
125 miles in length.
The subject neighborhood is bordered on the north by the Monroe-Dade County Line, on the east
by the Atlantic Ocean, on the west by Florida Bay and the Gulf of Mexico, and on the south by
Plantation Key. Overseas Highway divides Key Largo in half, with the subject property located
centrally within Key Largo. Key Largo contains many residential subdivisions, with commercial
uses concentrated along the highway and main thoroughfares. Some areas have been sparsely
developed and/or left undeveloped, since much of the large island is native area and
environmentally sensitive. Key Largo is known for its watersports and relaxed atmosphere just
a short drive from the urban centers of Miami, Fort Lauderdale and the Palm Beaches. Located
on the island is the John Pennecamp State Park, which features coral reef trips for snorkelers and
scuba divers.
Most of the structures are CBS/masonry buildings or smaller single family CBS or frame homes
with evidence of mobile homes in some of the older neighborhood subdivisions or where zoning
historically permitted mobile homes. Most of the mobile home subdivisions in the area are quite
attractive, including the trailerlRV parks within the neighborhood. In other adjacent and nearby
subdivisions, the newer homes are frame and CBS construction built-up on "stilts", with elevated
floors built on concrete reinforced columns, in order to comply with flood zone regulations. Most
of the Florida Keys are located within a Flood Zone Area, as designated by FEMA. The area's
principal land uses are residential and. commercial uses with very limited industrial uses. The
subject site has direct access from the south-bound lane of U.S. Highway No.1, a two-way, four
lane asphalt paved divided thoroughfare running northeasterly and southwesterly. It is the main
artery through the Florida Keys. The subject's location provides allows for excellent, with
adequate or average access from Overseas Highway, due to the subject's limited access (due to
environmentally sensitive vegetation along the highway).
In summary, the subject property in the "City Center" of Key Largo, the main key in the Upper
Keys where there are a concentration of services, employment and shopping. Key Largo has a hub
and concentration of commercial retail, services, and office uses. Residential uses are located off
the highway; these neighborhoods as well as nearby communities support the commercial
businesses in the area. The neighborhood may be undergoing an increase in desirability and
property values in the foreseeable future due to improvements with respect to goods and services
and its accessibility to the mainland. The surrounding structures are generally well maintained in
average to good condition. The considerable amount of automobile traffic along U.S. Highway
No. I provides good exposure to this area. We anticipate continued improvement in the general
quality of the neighborhood, particularly with the increased demand for these type of properties,
as demonstrated by recent sales activity.
Appraisal Company of Key West
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Summary Aflraisal Report
Parcel No.: 00~90370-000000 & 00090400-000300, Key Largo, FL
MARKETING TIME
The marketing time for the subject property is estimated between 6 and 18 months based on the
comparable sales analyzed and interviews with local brokers. This marketing time is based on
an asking price within 5% of appraised value. It should be noted that the marketing time could
be adversely affected by competition from similar use properties.
EXPOSURE TIME
Exposure time considers the amount of time necessary to effect a sale of the subject property
on the valuation date. In the case at hand, it is our opinion that the exposure time would be
equal to the marketing time, based on a listing price within 5.0% of our appraised value.
OWNERSHIP
According to the Monroe County Tax Assessor's or Tax Collector's Records, the subject site
is owned by Geneva L. Sutton, 1550 NE 13 Terrace, B-10, Jenson Beach, FL 34957.
SALES HISTORY
According to the Monroe County Tax Appraiser's records, the subject property was purchased
by the present owners in February, 1971 for $ 30,800. The sales were recorded in two parts in
the Monroe County Public Records in Official Record Book 490, Page 447 and Book 492, Page
367.
No other recent sales of the property were noted. The subject property is not presently under
contract for sale and purchase nor is it listed for sale by the local Multiple Listing Service.
ZONING
According to the Monroe County Zoning Map and Land Use Plan, the subject property is
located within the SS, Sparsely Settled District. The provisions of this district and permitted
uses are as follows:
SS. SparselY Settled District. The purpose of the S8 district is to establish areas oflow-density
residential development where the predominant character is native or open space lands.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
The SS district permits the following uses as of right: detached" residential dwellings;
beekeeping; home occupations; accessory uses; tourist housing excluding vacation rental uses;
antenna-supporting and satellite uses; and wastewater cluster systems serving less than ten
residences.
No changes in this zoning district are anticipated in the foreseeable future. Within any oftbe
zoning districts, the mangrove vegetation is not allocated any building rights; therefore, a large
portion or most of the subject parcel is naturally preserved by zoning regulations due to the
vegetation or topographical characteristics of the site. For valuation purposes herein, we have
assumed the potential development of one home site on the parcel.
UTILITIES
The subject's immediate area is serviced by public water and electric utilities, with the private
sector providing cable TV and LP bottled gas. The subject property will require an on-site,
private sewage collection system as central sewage is not available.
REAL ESTATE TAX AND ASSESSMENT AND BURDEN
,>,',.:,:
....~~~'H~. ,
"." ,..,.",~:~'-,.-: ._.~J,...".
._ .... ..P8rcelJ.b~-Al1ema1e,K8y11._
.....-Land ... Inpo,eriii:'Mia;~h1i..~ aQl.iiT~;
$1,942 $J $J $1,942 $19.33
C~;''Yeaf''?:':
2X)4
- <: rty..--:<
PaI'C$l ..... .. .. .. ..'. - Altemats~11
tand 1~;i'M~.:li~fl. .'Y&.~~Tai'
$1,112 sn $) $1,112
Analysis of the subject's real estate tax burden was not applicable as the subject is assessed as
undevelopable land due to its topographical characteristics of mostly mangrove.
Appraisal Company of Key West
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Summa7 Aflraisal Re~ort _
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
_]1._ l
DESCRIPTION OF THE SUBJECT PROPERTY
Site Analysis: The subject consists of an undeveloped, heavily mangrove vegetated parcel
which fronts along the easterly side of dedicated road at the southerly terminus of Lakeview
Drive.
The subject site fronts an estimated 200.0 feet along the gravel road and extends more than 850
feet in length to the Atlantic Ocean. According to the Monroe County Tax Assessor's records,
the site consists of an estimated 0.50 acres of salt marshlbuttonwood vegetation or transitional
vegetation and 3.58 acres of mangrove or environmentally preserved area. Further infonnation
provided suggests that the subject's developable (less sensitive area) is located at the
southwesterly corner along the unpaved road with an estimated 11,841 square feet of use able
or developable area; therefore, the majority of the site consists of dense mangrove or
environmentally protected vegetation with no development potential. A survey of the
immediate area and properties indicates no docks or waterfront amenities. It is assumed that
the subject property would not be permitted dock or any waterfront amenities.
The property was personally inspected. Valuation is reported without regard to questions on
boundaries. No responsibility is taken by this office for the accuracy or in regard to any
questions on the nature of encroachments, encumbrances, or dissimilarities in measurement.
If and/or when a survey is made available and if any discrepancies are noted due to easements
and/or encroachments, we reserve the rigbt to change the final indicated value berein.
According Mr. Jim Anderson of the Tallabassee,Florida Division of the United States Census
Bureau, Monroe County is not divided into Census Tracts; but rather "Block Numbering Areas".
The subject property is located within Block Number 9705.
The subject site is located within a Special Flood Hazard Area. The actual Flood Zone and
Elevation were not available due to the lack of a physical address for the subject.
Monroe County participates in a National Flood Insurance Program and is covered by a regular
program. Any proposed improvements would be required to meet flood elevation regulations
in effect at the time of construction.
Environmental
Conditions:
An environmental screening or audit of the subject property was
not made available to the appraisers. Upon inspection of the
property, no visible signs of environmentally hazardous materials
were noted. The subject property is not listed on the Super-Fund
List published by the Environmental Protection Agency;
Appraisal Company of Key West
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Summary Affraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
Hill r- .
therefore, the appraisers do not know
of any environmental hazards on the property.
Extraordinary
Assumption: .
The subject site is assumed to be readily buildable via granting by
Monroe County of an allocation to build one single family
residence on the property through the beneficial use process
established in Policy 101.18.5 of the Monroe County
Comprehensive Plan.
Marketing Time:
Based on analysis of recent sales within the market area, we have
estimated a marketing time of 6 to 18 months, if listed within 5.0
percent of the appraised value.
Exposure Time:
Exposure time considers the amount of time necessary to effect a sale
of the subject property on the valuation date. In the case at hand, it
is our opinion that the exposure time would be equal to the marketing
time, based on a listing price within 5.0% of our appraised value.
PROPOSED SINGLE FAMILY RESIDENCE
The subject property is proposed to be developed with a single family residence of CBS/masonry
construction. The structure will be a "stilt" building with concrete column foundation. The basic
perimeter of the structure will not exceed 2,000 square feet
The grade level will consists of parking and a built-in bar-b-que island with stainless fixtures. There
will be Keystone on the front exterior entry. The house will be of a Key West "Conch" style with
clapboard siding over the concrete block and will include a'metal roof.
The first stilt level of the home will contain the main living area with a great room concept including
kitchen/entertainment/family room. The kitchen will be finished with custom wood cabinets and
smooth service counter tops. There will be a guest bedroom and laundry room, was well as Y2
bathroom. Floor finishings will include marble. The second living level will include a master suite
with shower and jacuzzi bath. There will also be a guest bedroom and another full bathroom with
tub/shower and quality fixtures at this level. The total living area of the home is estimated at 3,200
square feet with an additional 600 square feet of covered balconies. For a total gross building area
of 3,800 square feet.
Appraisal Company of Key West
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Summa']' Aflraisal Refort
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
m I ! ~ I I R
HIGHEST AND BEST USE
In order to estimate the Highest and Best Use of the subject property, the appraisers have
considered those uses that are physically possible, legally permissible, maximally productive,
and financially feasible.
"As Vacant": The subject site's highest and best use "as if vacant" is for preservation due to
the extensive environmentally protected vegetation.
Herein we have assumed that the subject is developable with a single family home based on
beneficial use and an extraordinary assumption that a building permit will b~ issued. This
extraordinary assumption is the basis of the reported values herein and is based on prior
agreement between the client and the appraiser.
APPRAISAL DEVELOPMENT AND REPORTING PROCESS
In preparing this appraisal, the appraisers inspected the subject site. Analysis of recent sales of
vacant similar sites with water views or water access, but no views were considered.
Additionally, the proposed single family residence based on written specifications was
considered. This value is a Prospective Market Value based only on written specifications, no
formal plans; therefore, only a range of value is provided. All comparables were gathered,
confirmed, and analyzed.
There are three typical approaches to value to consider in each appraisal assignment. The three
traditional approaches to value are the Cost Approach, the Income (Direct Capitalization and/or
Discounted Cash Flow) Approach and the Sales Comparison Approach. The three approaches
to value are not always applicable to the assignment; however, the three approaches to value are
always considered.
THE COST APPROACH
The Cost Approach is determined by taking the value of the land and adding to it the
depreciated value of the present improvements. A separate land analysis is considered to
determine the land value. This approach is based on the fact that a purchaser will not pay more
for an existing property than the cost to reproduce it in a similar area, assuming that it could be
reproduced without delay. There can be complications in applying this approach, because
identifying sales of vacant land to develop a value indication for the subject site can be difficult.
Another problem in applying this approach arises if the building improvements are older, for
Appraisal Company of Key West
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Summary Al1raisal Report u parcellfo.: 00090370-000000 & 00090400-000300, Key Largo, FL,
accurately estimating the depreciation in older buildings is also difficult. Since estimates of
depreciation will have a significant impact on the resulting value estimate, the reliability of the
Cost Approach diminishes when valuing older properties.
The subject property consists of vacant, undeveloped land. Therefore, this approach was not
considered applicable.
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
I l""-1i 11[[" ~llm un III . L . I I
THE SALES COMPARISON APPROACH
This approach to value is based upon the principal of substitution; that is, when a property is
placed in the market, its value tends to be set at the cost of acquiring an equally desirable
substitute property, assuming no costly delays in making the substitution. These sales are
analyzed and compared to the subject property. The Sales Comparison Approach bases its value
indication on recent sales that are pertinent to the value of the subject property. From these
comparable sales, the appraiser must extract meaningful "common denominators" to be applied
to the subject building. Typically, the sale price per square foot of the building area (gross area
and net rentable area), sale prices per square foot ofland area, and the overall sale price are the
most common denominators used in estimating the value of the properties similar to the subject.
The subject property consists of an undeveloped, thickly mangrove-vegetated residential parcel.
The parcel consists of 11,841 square feet of developable area along the southwesterly corner at
the street frontage with the remaining 3.81 acres consisting of mangrove vegetation with is not
developable and must be preserved. The subject site is considered herein as developable under
the beneficial use County guidelines with one single family residence. Development of the
property is assumed to be permitted as a Beneficial Use according to Policy 101.18.5 of the
Monroe County Comprehensive Plan. Additionally, written preliminary specifications have
been provided and considered in providing a Prospective Market Value of the property
assuming completion of construction of a single family residence on the developable portion
of the site with water views.
"As Is" Market V aloe Based on Beneficial Use:
Analysis of recent sales of undeveloped residential sites within the Upper Florida Keys was
considered. The following sales are reflective of the present market and depict the most recent
transactions:
Appraisal Company of Key West
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Summary AIfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
ResunE OfConpmlUe Sales
Sale No. ~ Sale Date Sales Price Land SF '\few S5FlJIodA1e8
A 100 CoostaI Drive, Key l.argl 00'lM>4 $1,530,(0) 43,995 Q>En \\kerinxk $34.78
B 101 CoostaIlXive 05117/04 Sl,tm,OO:> 45,738 Bay View $34.98
C o StilMright Point, Key Largo 0924'04 $45JJ,cm 6,~ Bly View'Canal $66.20
D o Oleaxh Grc1e, Key l..aqp (wl~ $300,(0) 7 ;JJ:1J 0::ea1 View $41.67
E lDt 12, Oouper lAne, Key lmgo 01/16'04 - $Zi9,cm 7 ;IJJ O:ean View'Gmal S37 .20
F La 16, G"cq:>er l.ar, Key l..aqp 01/13104 $289,cm 6,520 O:ean \1ew'Gmal $44.33
G La 15, ~ Un::, Key l..aqp 01l13.()4 $289,00:> 6,520 <Xean View'0mal $44.33
Sulj. Sutton Property N1A NlA 11,841 Ocean '\few N1A
G.rn:n lAte: 111Ol104 A~ 17,753 $43.35
Medial 7 ;JJ:1J $41.67
Mininum 6,520 $34.78
Maximm 45,738 $66.20
Each of the sales includes residential home sites within subdivisions in Key Largo. All of the
sales boast water views with some having canal frontage or dock access to the Bay or Ocean.
The comparables were considered reliable in valuing the subject due to their locational and
water view characteristics. Sales A, B and C were sold with pennits already in place or
applications within the R.O.G.O. Unit Allocation System; therefore, construction of single
family residences was near the ability to commence or somewhat guaranteed. The final four
sales were for single family home sites with no active pennits; therefore, the Buyer would have
to apply for a building permit within the R.O.G.O. Unit Allocation System, bear the cost and
potentially have a holding period of up to four (4) years for the permit.
Appraisal Company of Key West
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Summary APjraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
Sales A and B consisted of approximately one acre home sites larger than the subject, as the
subject was evaluated based on the upland or developable area of 9,422 square feet. All other
sales were considered most similar to the subject in size with Sales D, E, F andG considered
most reflective of the subject's value.
In valuing the subject property, an active permit was assumed based on the beneficial use.
The sale prices for vacant residential water-influenced sites indicated a value range :from $34.78
to $66.20 with the upper-end indicative of small sites with active pennits. The lower-end is
reflective of larger sites (one acre) with active pennits. The sales indicated a mean at $43.36
and a median at $41.67.
Considering the oldest four sal~s, a value range between $37.20 and $44.33 was indicated.
These sales did not have permits but did have water views and access. After considering all of
the data, the following value was estimated for the subject site based on the buildable area of
11,841 square feet:
11,841 Square Feet.
$44.00/ square foot =
$ 521,004
x
"AS IS" MARKET VALUE OF FEE SIMPLE INTEREST ASSUMING
BENEFICIAL USE BY SALES COMPARISON APPROACH (Rounded):$ 520.000
Additional support for the subject's value was considered with two acreage sites of2.49 and
3.05 acres in Marathon selling for $395,000 and $400,000 respectively. Each of these sites
included waterfront, and each site was heavily vegetative with little or no scarified areas.
Prospective Market Value upon Completion of Residence
Previously, we indicated that the subject parcel is proposed for development 'Yith anew, single
family residence of excellent quality including high-quality finishings. The residence will
contain 3,200 square feet of living area and a total floor area of 3,800 square feet. The
proceeding valuation considers this proposed development on the site as requested by the client.
Analysis of recent sales of similar residential improved sites were considered:
Appraisal Company of Key West
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Summary APfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
ReureofCtnplctie Sab
$18-
S!leN>. Ad:Jress S!leDie SdesRi:e Yea-BDl {B<\g<' T<talg<' ~<D\ T<talS"
1 <t33Bi1ia,Key!ago m'17/C>> $l,.,,-&<ID ~ 3,2Q 3,6ll Stinl $:[liB
2 473 Bi1ia, Key!ago 05'17/C>> $1,4fl\<ID JlJ2 2,833 ~ W-41
3 ~ ~ Key!ago (J}f}]/C>> $1,3.'i\<ID J1B ~ ~7Jl $.J857
4 1MImelbrl,KeyI.al};p <WJYC>> $1,32S,<ID N>7 2,5:16 3,744 $2142
5 .:m0d:h-.m, Key lag> 1025'C>> $UQ<ID ~ 4$)4 ~ m,63
6 1951ada1eIm,Keylago 111211ffi ~<ID 19J) 3,m> 5,lB ~81
7 2i9S:. 'Ilums,Key!ago 0:V15'C>> $U>3,<ID 19)2 3,~ 7,00 $m.77
8 ro19.Atlar1rA~KL 01/17/C>>. $1,I:Q<ID JlJ2 2,235 6,172 $514.54
9 ~Bi1ia,Key!ago ffi/17/ffi $1,1.:Q<ID W 3,735 4,<li8 m.22
~. SitooBqxrty, Key lago NA NA ~ 3,AO 3,81> NA
G:mnDte: llI0J10t Average ~ $:tP.19
M:dia1 3,2Q ~81
Mnimm 2,235 m,63
MDmtm 4$)4 W241
All of the sales included single family residences with residential subdivisions in Key Largo.
The sales considered reflect similar quality finishings and characteristics of the subject based
on very preliminary specifications provided by the client. Due to the fact that detailed plans and
specifications were not provided, a value range was considered applicable in estimating a value
for the propose on-site improvements.
The comparable sales indicated a value per square foot of living area range between $288.63
and $522.41 with a mean at $409.19 and a median at $430.81. Based on the comparables, we
have considered a value towards the lower-end of the range applicable to the subject with
average of the sales utilized to set the upper-limit of value for the subject.
Appraisal Company of Key West
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Summary Affraisal Refort
Parcel No.: 000903~0-000000 & 00090400-000300, Key Largo, FL
Based on these values, the following value range is indicated for the Subject property
considering the construction of a single family residence:
3,200 square feet ofliving area
$350.00
=
$ 1,120,000
x
TO
3,200 square feet ofliving area
$420.00
=
$ 1,344,000
x
Based on market research and analysis, the following Prospective Market Value is considered
reasonable and supportive for the improved subject property:
Prospective Market Value based on Preliminary Written specifications
Upon Completion of Construction as of November, 2005 .... $1,120.000 to $1.340.000
THE INCOME APPROACH
The Income Approach to value presumes that no prudent buyer will pay more for the subject
property than the capitalized rental value attainable through ownership of the property. The
buyer will only be willing to pay the present value of what he considers those future benefits
to be. The traditional Direct Capitalization Method was not considered due to the vacant,
undeveloped nature of the site and the fact that similar parcels are not typically leased within
the local market area.
,
In the Prospective Market Value of the subject, the Income Approach was not applicable as this
is not the primary motivation in purchasing similar residential properties.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL,
RECONCILIATION AND CONCLUSION
The following indications of Fee Simple property values have been developed in our analysis
of market data.
COST APPROACH:
SALES COMPARISON APPROACH:
"As Is" Market Value:
Prospective Market Value:
INCOME APPROACH:
Not Applicable
$ 520,000
$1,120,000 to $1,340,000
Not Applicable
The greatest weight is given to that approach in which the appraiser has the highest degree of
confidence. This implies a minimum of assumptions and a sufficient quantity of data. Based
on an analysis of the real estate market activity in the subject property's market area, and after
considering the reliability of the three value approaches, it is the appraisers' opinion that the
Market Value of the subject property is most accurately by the Sales Comparison Approach.
This approach was considered the only applicable approach due to the availability of sales. The
Cost and Income Approaches were not applicable due to the subject consisting of vacant,
undeveloped land. It is felt that the Sales Comparison Approach was the most reliable.
Based on analysis of market data, inspection, and research, it is our opinion that the "As Is"
Market Value of the Fee Simple Interest of the subject vacant site, Real estate parcels owned by
Geneva Sutton, Part ofGovemment Lot 1, Key Largo, FL 33070, assuming development of one
single family home through beneficial use allocation Policy 101.18.5 Momoe County
Comprehensive Plan, subject to defmitions, assumptions and limiting conditions, as ofNovember
1, 2004, is:
( $ 520,000 )
We have also analyzed market data and conducted research of improved sales in order to
provide an estimate of a Prospective Market Value upon completion of the proposed residential
structure on the subject site. Based on preliminary written specifications provided and research,
the Prospective Market Value of the Fee Simple Interest of the subject property, Real estate parcels
owned by Geneva Sutton, Part of Government Lot I, Key Largo, FL 33070, upon completion
of proposed improvements, as of November, 2005, is from:
( $1,120,000 )
TO
( $ 1,340,000 )
Appraisal Company of Key West
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Summary Affraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL,
o The statements of fact contained in this report are true and correct.
o The reported analyses, opinion, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, impartial, and unbiased
professional analyses, opinions and conclusions.
OWe have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
o Our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
o Our compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or a direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
o Our analyses, opinions, and conclusions were developed and this report has been prepared
in conformity with the Uniform Standards of Professional Appraisal Practice.
o James E. Wilson and Elaine Liz-Trujillo have made a personal inspection of the property
that is the subject of this report.
o No one has provided significant professional assistance to the persons signing this report.
o The use of this report is subject to the requirements of the State of Florida relating to
review by the Florida Real Estate Appraisal Board of the Department of Professional
Regulations, Division of Real Estate.
Appraisal Company of Key West
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Summa~ Appraisal Rerort r Parcel No.: Of 090370-000000 & 00090400-000300, Key Largo, FL
o As of the date of this report, Elaine Liz-Trujillo has completed the requirements of the
continuing education program of the Appraisal Institute.
APPRAISAL COMPANY OF KEY WEST
~ SEAL
State-Certified General Appraiser
License No. RZ 0001627
?:::iJ~n ~
State-Certified General Appraiser
License No. RZ 0002167
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
ASSUMPTIONS AND LIMITING CONDITIONS
APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal,
the appraisers inspected the subject site and both the exterior and interior of the improvements.
Infonnation on comparable improved sales and rents was gathered, confirmed, and analyzed.
This is a complete appraisal, summary report which is intended to comply with the reporting
requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional
Appraisal Practice for a summary appraisal report. As such, it might pot include full discussions
of the data, reasoning, and analyses that were used in the appraisal process to develop the
appraisers' opinion of value. Supporting documentation concerning the data, reasoning, and
analyses is retained in the appraiser's file. The infonnation contained in this report is specific
to the needs of the client and for the intended use stated in this report. The appraisers are not
responsible for unauthorized use of this report
This appraisal is the result of a complete appraisal process; therefore, no departures were
invoked. This summary appraisal report is a brief recapitulation oftbe appraiser's analyses and
conclusions. Supporting documentation is retained in the appraiser's file.
TillS VALUATION IS CONTINGENT UPON THE FOLLOWING CONDITIONS:
This appraisal is to be used in wbole and not in part, in particular, no part of the contents of this
report shall be conveyed to the public through advertising, public relations, news, sales or other
media, without the written consent and approval of the author, particularly as to valuation
conclusions, the identity of the appraisers or firm with which they are connected.
The distribution of value between land and building applies only under the present program of
utilization and is invalidated if used in making a summation appraisal.
No responsibility is assumed by the Appraisers for matters, which are oflegal nature, nor is any
opinion on the title rendered herewith. Good title is assumed.
The property has been appraised as though free of liens and encumbrances, except as herein
described.
The management of the property is assumed to be competent and the ownership in responsible
hands.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
L If I
A site plan including vegetative map was made available for the subject property. According
to Sandra Walters Consultants, Inc., the subject's buildable area is concentrated at the
southwesterly comer of the site with an estimated 11,841 square feet. Parcel measurements
were taken from the Monroe County Property Appraiser's records. with upland buildable area
provided by Sandra Walters Consultants, Inc. Any deviations from these sizes would likely
result in a change in value. The site was personally inspected. Development of the subject site
was assumed via a beneficial use allocation process (Monroe County Comprehensive Plan
Policy 101.18.5). No responsibility is taken for the accuracy or questions concerning bound-
aries, encumbrances, or encroachments. Any maps or plats reproduced and included in this
report are intended only for the purpose of showing spatial relationships. They are not measured
surveys nor measured maps, and no responsibility for cartographic or surveying errors is
assumed. If and/or when a survey is made available and if any discrepancies are noted due to
easements and/or encroachments, we reserve the right to change the final indicated value herein.
The Appraisers herein are not required to give testimony in court unless arrangements have been
previously made thereof.
The Appraisers assume that there are no hidden or unapparent conditions of the property,
subsoil, or structures, which would render it more or less valuable. The Appraisers assume no
responsibility for such conditions, or for engineering which might be required to discover such
factors.
Information, estimates and opinions furnished to the appraisers, and contained in the report,
were obtained from sources considered reliable and believed to be true and correct. However,
no responsibility for accuracy of such items furnished to the Appraisers is assumed by the
Appraisers.
Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations
of the professional appraisal organizations with which the Appraisers are affiliated.
,
The Appraisers have no present or contemplated future interest in the property, and the
compensation is in no manner contingent upon the value reported.
Possession of this report does not carry with it the right of publication or advertisement of any
of its conclusions, nor may any except the applicant use the same for any purpose without the
previous written consent of the appraisers or the applicant.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL,
This appraisal report has been made in conformity with and is subject to the requirements of the
Code of Professional Ethics and Standards of Professional Conduct of the appraisal
organizations with which the Appraisers are affiliated.
The discovery of latent conditions is beyond the scope of this appraisal. Detection of latent
conditions requires the expertise of qualified persons such as architects and engineers. Latent
conditions include, among other things, non-apparent structural conditions; presence of
prohibited hazardous wastes; presence of radon gas~ methane gas, asbestos, lead, petroleum
products and other air, soil, or water contaminants; and many other conditions too numerous to
mention which may affect the value of the property being appraised. The appraisers conducting
this appraisal are not qualified to detect latent conditions and have conducted this appraisal upon
the assumption that no latent conditions (including those mentioned above and others) exist on
the property covered by this appraisal.
ACCORDINGLY NOTICE IS HEREBY GIVEN that neither the appraisers conducting this
appraisal, nor the APPRAISAL COMPANY OF KEY WEST make any warranty, express or
implied, to property coveTed by this appraisal, and neither shall have any liability to any person
for differences in the value of the appraised property, or other damages, resulting from
discovery oflatent conditions (including those mentioned above and others) on, or in proximity
to, the appraised lands.
This appraisal report is in conformity with the Unifonn Standards of Professional Appraisal
Practices and this appraisal assignment was not based on a requested minimum valuation, a
specific valuation, or the approval of a loan.
We hereby certify that to the best of our knowledge and belief the statements of fact contained
in this report, upon which the analyses, opinions and conclusions expressed herein are based,
are true and correct; also this report sets forth all the limiting conditions affecting the analysess
opinions and conclusions contained in this report; also this report has been made in conformity
with the National Association of Master Appraisers and the Appraisal Institute.
Appraisal Company of Key West
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Summary APjraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
PROFESSIONAL OUALIFICATIONS
JAMES E. WILSON, m
James E. Wilson has been a resident of South Florida since 1976. His education
includes a Bachelor of Science in Business Administration with a Major in Economics
from the University of Florida, 1987-1991. His experience in the real estate industry
began in early 1992 as a residential real estate appraiser in Pompano Beach, Florida. He
appraised a wide variety of single and multi-family residential properties in Dade,
Broward, and Palm Beach counties over a two-year period. In the search of advancement and challenge, James Wilson
moved to the City of Key West, Momoe County, Florida in order to obtain experience and practice commercial real
estate appraisal valuation techniques in a demanding and somewhat unique market area. Over the past 12 years James
has been exposed to a wide-range of appraisal projects, including highest and best use studies, complex property
appraisals, and wetland and environmentally sensitive valuations including transferrable development rights. His
appraisal experience includes financial and investment analysis, appraisal review, feasibility and planning analysis, as
well as market research and analysis. James Wilson has strived from a State Registered Real Estate Appraiser
(apprentice) to a State Certified Residential Real Estate Appraiser to a State Certified General Real Estate Appraiser
(licensed to perform residential and connnercial appraisals) and a General Associate Member of the Appraisal Institute.
He has passed the General Comprehensive Test of the Appraisal Institute and is completing the Demonstration Report, in
order to fulfill the remaining requirements to become a Member of the Appraisal Institute (MAl).
Education:
SOUTH BROWARD mGH SCHOOL, Hollywood, FL, 1987.
UNIVERSITY OF FLORlDA, Gainesville, Florida - Bachelor of Science in Business
Administration - Major in Economics, 1987-1991.
APPRAISAL INSTITUTE
Appraisal Reporting of Complex Residential Properties, October, 1993.
Persuasive Style in Narrative Appraisal Reports, May, 1994.
ACE 1779 - "Special Pwpose Properties - The Challenge of Real Estate Appraising in Limited
Markets", September, 1996.
410 Standards of Professional Practice, Part A (USP AP), 8/97.
420 Standards of Professional Practice, Part B, August, 1997.
520 Highest & Best Use and Market Analysis, October, 1997.
Non-Confonning Uses Seminar, January, 1998.
510 Advanced Income Capitalization, May, 1998.
530 Advanced Sales Comparison & Cost Approach, May, 1998.
540 Report Writing & Valuation Analysis, August, 1998.
550 Advanced Applications, February, 1999.
Regression Analysis in Appraisal Practice: Concepts & Applications, Seminar, March, 2000.
General Demonstration Appraisal Report Writing Seminar, March, 2000.
800 Separating Personal & Real Property from Intangible Business Assets, March, 2002.
Successful Completion of the General Comprehensive Examination for the Appraisal Institute
GOLD COAST SCHOOL OF REAL ESTATE
Successful CompI. of Real Estate Principles, Practices, and Law - FREC Course I, May, 1992.
Successful Completion of Salesman Post-License Program, February, 1994.
Successful Compl. of Mortgage Broker, Exam-Prep Program, September, 1992.
Successful Compl. of AB I - Appraisal Board - Fundamentals ofR.E. Appraising, 5/92.
Successful Compl. of AB II - Appr. Board - Appraising Resid. & Income Properties, 2/94.
Successful CompI. of AB lIb - Appraisal Board - Cen. Resid. Appraisal Course, 7/94.
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Appraisal Company of Key West
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fummary Affraisal Re<ror~ ~ I Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL,
Professional Qualifications ofJames E. Wilson. ill (Continued)
GOLD COAST SCHOOL OF REAL ESTATE (Continued)
Successful Completion of AB ill - Appraisal Board - Certified General Appraisal Comse
(Income Capitalization Course), February, 1995.
Successful Compl.ofUSPAP - Uniform Standards ofProfessionaI Appraisal Practice, 6/92.
Successful Completion of US PAP - U.S.P.A.P., September, 1995.
Successful Completion of A-I02 - Plan Reading for Appraisers, September, 1995.
McKISSOCK DATA SYSTEMS, Successful Completion of Automated Valuation Models,
October, 2000.
Successful Completion ofUliiform Standards of Professional Appraisal Practice, 10/2000.
Successful Completion of Factory Built Housing, October, 2000.
Successful Completion of Appraiser Liability, September, 2002.
Successful Completion of Appraising Nonconfonning & Difficult Properties, 09/2002.
Successful Completion of Appraiser Liability, Uniform Standards of Professional Appraisal
Practice, September, 2002.
VALUE lNFORMA nON TECHNOLOGY, INC., Successful Completion of "Perspectives on
Appraisals" FREAB Course ACE#1591, June, 1995.
NORTH BROW ARD BOARD OF REALTORS, Successful Completion of ACE 591 - Basics of
Construction - How a Florida Home is Built II, January, 1994.
Certification:
State Certified General Real Estate Appraiser, as designated by the Department ofProfessionaI
Regulation, State of Florida; Registration No. RZ 0002164.
Licensed Real Estate Salesperson, as designated by the Department of Professional Regulation,
State of Florida; License No. SL 0589552 (currently inactive).
Professional
Associations:
Key West Board of Realtors
General Associate Member of the Appraisal Institute
Affiliations:
Past President of the Key West Gator Club (Alumni Organization of the University of Florida)
Member of Class VIII, Leadership Monroe County
Board Member of the Rotary Club of Sunset Key West
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Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.~. 00090370-000000 & 00090400-000300, Key Largo, FL
Professional Qualifications of James E. Wilson. III (Continued)
Experience:
WILCO VALUATIONS, P.A. d/b/a APPRAISAL COMPANY OF KEY WEST,
James Wilson, President and his wife, Maria Virginia Wilson, also a State
Certified General Real Estate Appraiser purchased the Appraisal Company of Key
West from Mr. Richard Padron in April, 2004. Mr. Padron will continue to be a .
Fee Commercial Real Estate Appraiser with the Appraisal Company of Key West,
which will ensure continuity and quality control.
APPRAISAL COMPANY OF KEY WEST, INe., Fee Commercial Real Estate
Appraiser, April, 1994 to April, 2004.
F.C.P. APPRAISAL SERVICES, INC., Senior Real Estate Appraiser and Trainer,
May, 1992 to April, 1994.
Appraised various types of properties in the Florida Keys, including:
Retail Stores
Restaurants
Strip Centers
Office Buildings
Mixed-Use Properties
Service Stations
Multi-family Projects
Proposed Developments
Single-family Estates
CommerciallResidential Condominiums
Full-Service Marinas/Boat Yards
Environmentally Sensitive Acreage
Industrial Uses
Guest Houses /Hotels/Motels
Mobile Home and RV Parks
Warehouse (including mini-storage)
Special-Use Properties including
Schools
Seafood Processing Plants
Appraisal Company of Key West
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Summary Alfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key lArgo, FL
APPRAISER CERTIFICATION
M;I
STATE OF FLORIDA
DBPARTMBNT OF BUBDUes AND PROFESSIONAL RBGULAT:IOB
FLORIDA REAL BS'1'ATE APPRAISAL BD SECIIJLOf102702I11
LICENSE NBR.
10 27 2004 040391180 RZ2164
The CBR"J'IFIBD GENBRAL APPRAISU
Waaed below :IS CBRTIFIBD
UDder the provi.ion. of Chapter .,5
Bxpiration date: HOV 30, 2006
FS.
WILSON, JAMBS B
3229 FLAGLER AVE 1101
POBOX 2152
KEY KIST FL 33045-2152
JBB BUSH
GOVERNOR
DIANE cum
SBCU'1'ARY
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Appraisal Company of Key West
Page 27
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Summary Apfraisai Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
Professional Qualifications
of
Elaine Liz-Trujillo, MAl
Elaine Liz. Trujillo is a native of the Florida Keys. Her experience in the real estate industry began in the early
1980's as an appraisal and real estate apprentice Wlder Richard Padron. Her education includes a Bachelor's
degree in Finance from Stetson University with a concentration in real estate. Over the past 10 years, She has
worked in affiliation with Richard Padron, who has more than 28-years of diverse real estate experience in
the Florida Keys. Alongside of Richard, Elaine has been exposed to a wide-range of appraisal projects,
including highest and best use studies, complex property appraisals, and wetland and environmentally sensitive
valuations including transferrable development rights. Her appraisal experience includes financial and
investment analysis, expert witness testimony, appraisal review, feasibility and planning analysis, as well as
market research and analysis.
Since the late 1980's, Elaine has attended and successfully completed real estate appraisal courses offered by
the Appraisal Institute, and has also submitted her appraisal reports for formal connnittee review. In 1996,
she completed all of the SRP A requirements including successful completion of the Demonstration Report
and Comprehensive Examination. In 1997, Elaine was awarded the MAl designation.
Education:
STETSON UNIVERSITY, Deland, Florida - Bachelor of Business Administration in
Finance, 1988.
KEY WEST IDGH SCHOOL, Key West. FL - Valedictorian, 1984.
Certification:
State-Certified General Real Estate Appraiser, License No. 0001627, (1992).
(Continuing Education Up to Date).
Licensed Real Estate Salesperson, State of Florida.
Professional
Associations:
MAl, Member of the Appraisal Institute, Designation #11,252.
BCBA, Board Certified Business Appraiser, Real Estate Law Institute,
Certification No. 00087.
Key West Board of Realtors
Experience:
Appraisal Company of Key West, Inc. (1988 to Present).
Appraised various types of properties in the Florida Keys, including:
Retail Stores CommerciallResidential Condominiums
Restaurants Marinas/Seafood Packing Plants/Boat Yards
Strip Centers Churches
Office Buildings Industrial Uses
Mixed-Use Properties Guest Houses IHotels/Motels
Service Stations Mobile Home and RV Parks
Multi-family Projects Warehouse (including mini-storage)
Proposed Developments Environmentally Sensitive Acreage
Single-family Estates Special-Use Properties including Schools, Churches & Theatres
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
_ . _ IlIIlJ r r _ _ .
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Notable Properties
Appraised:
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Professional Qualifications
of
Elaine Liz-Trujillo, MAl (Continued)
Little Palm Island
Marathon Plaza
Looe Key Resort & Motel
Tavernier Towne II
Clinton Square Market
San Carlos Institute
Best Western Hibiscus Motel
Banana Bay Key West
Flipper's Sea School
DecOlmnissioned Stearn Plant
First Key West Marina
Oceanside Marina
Munro Marina
U-Store It
Stock 'EM and Lock'EM
America Outdoors Resort
Calussa Camp Resort
Garnefish Resort
Strunk Lumber Yard
SheIl Station
Rodriguez Banner Tire
Garrison Bight Marina
Key West Boat Works, Inc.
Tea Table Key
Jerry Hennan's Estate
Southernmost Point House
Casa Altamira
Truman Annex Estate Homes
Wahoo Island
Truman School
Linle Conch Harbor
Sub-Pins
U. S. Navy Properties
Sponswood Island
Islander Drive-In Theater
Berenson's Greyhound Dog Track
Coral Isle Trailer Park
Duval Square Project
Curry Mansion Inn
Curry House
Blue Parrot Inn
La Pensione
Santa Maria Motel
Key Cove Project
Linle Torch Key, FL
Marathon, FL
Ramrod Key, FL
Tavernier, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Stock Island, FI
Stock Island, FL
Stock Island, FL
Stock Island, FL
Stock Island, FL
Key Largo, FL
Key Largo, FL
Islamorada, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Marathon, FL
Tea Table, FL
SugarloafKey, FL
Key West, FL
Key West, FL
Key West, FL
Surnmerland Key, FL
Key West, FL
Key West, FL
Boca Chica Key, FL
Key West, FL
Coupon Key, FL
Stock Island, FL
Stock Island, FL
Stock Island, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key W.est, FL
Key West, FL
Key West, FL
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Appraisal Company of Key West
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Summary Appraisal !JgJort
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
STATE MAP
,
Appraisal Company of Key West
Page 30
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Summary Alfraisal Report
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Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
FLORIDA KEYS MAP
,..vend.... "" 91-92
.><
I...,,-t.on
Lone ICe)' MIl66-69
li~:!lihx:?a HM61
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....
1& copJdt.t. JDI 10
Boca eMc& IlK 7-8
St.oel< J:aJ.and l'ltI 5
ICe)' V.at. IV! 0-4
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Appraisal Company of Key West
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Summary Apfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
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PLA T MAP
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Appraisal Company of Key West
Page 32
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Summary APfraisa/ Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
......
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Pursuant to Ordinance 039-1987 and Rule 9J-1S.006' F.A.C..
the Monroe County land Use District Map is amended as of
June 27th.1988 and indicated above and briefly described os:
Add boundaries to new 5S district as ,shown and dele
oundarv to the Northwest of parcel. Desiqnate
5 & A as 0
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Date
Amendment II 247
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Appraisal Company of Key West
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Summary Ap/-raisal Report . _ Parcel No.: 00090370-000000 & 00090400-000300, Key Largo. FL
VEGETATION MAP
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Appraisal Company of Key West
H ,001 ~
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Page 34
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
View 810n2 Dedicated Road 100kin2 Southerly with Subiect in Left Backe:round
f:~~~>
.,. _T" ".; ," .~.,.
View toward Subiect 810D2 Dedicated Road 100kin2 Southeasterlv
Appraisal Company of Key West
Page 35
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Summary A~praisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
Street Scene 100ldn2 Southwesterlv 310n2 Dedic3ted Road
Street Scene 1001002 Easterlv at Adiacent Development to Subiect Subdivision
Appraisal Company of Key West
Page 36
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
Street Scene lookinl! Northerlv alonl! LakeView Drive from Gated Ent" into Subiect Dedicated Roadl
Appraisal Company of Key West
Page 37
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Summary Appraisal Refort
Par~ No.: 00090370-000000 & 00090400-000300, Key Largo, FL
PROPOSED RESIDENTIAL CONSTRUCTION
Appraisal Company of Key West
Page 38
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
,~~ --..-.cr ,"'~p
"
....$50 .;s05Z960493
P.02
" .
~ :SuHon &r I "... t StClt'le lne.
He< tCJ. :9S4-91b-9JU
t.av. 93 ~ ~~.. RCiI-If1 p;s
I:~~~~:.
.... ~ --- hirW ......
----- - ....-..
November 3.2004
TG. Such Wallen
110m; Paul Suaoa
Fa yoIII AlqUISt below is . brief Gesmptioa of the type ofhoulc that would be built on
my modIa's IlfOPalY in Key wao. Florida.
D4: bNac WIIIIId lie ofca5 CHI..............,3.......... eueelI....M l~
-....enricCioN. nc Ii".....-n...... ~...e","""'" ..d... botte.
IftoeI "'.... .. ,., ,.r", ... a.w ............. De.... looI,riItt ..... lie
. dest t. tM z.. ....re ......'" IMtt ... c.- dill ......ic...
TIw ".. Jnt<<I...... ~ .,. q.'iMd ~ ,_.......... ( ".iI)' no..
TWI...... "ill.... .........,... .... YiewI.-..... F1'e89 e.n t~.t ....
.. . "Ie..,. Tk...... will.... ~ ........... ... ...... ....
IJuiH__ ......re. Croke eenler ..,. ... ..................... Ber.....
-.. ilia_ _.trr w1D.au... _rf8re .. ......... eatenaiaia& ... .._
..,....le die ...... Jdfdlee willi_ ~,..,. De..............."...
r... will lie ~... wi" .... ..live ~ nnL nen willie at'" .....~
.....p.a
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wk......... .u.... n. .....,.. wtnlle KaMer .1I1t~_- ..... af* trip..
41aa1ic). AIM.. tau. Jewel will lie a laD.."...... w..... aM dryer, aDd
laotkr I'DOII tIlat will N ... .. ..." ., ...... .... ,.. .. . d8wt.
Ue ..., (~Jewel) floor .nil...... * __ W. _1. .. 1M rear ..... __
.... _h11 .... rr.n lIGOn to.... ............... _ .... .., ___ .......
nteIII -HI ah. line a~. 'Be........._ iMIaM ....'.1....
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...1JIlIft wIU .fl_ .iI.II..... TIlerc -iII_ . aMw., aM.......
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Appraisal Company of Key West
Page 39
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Summary A1?jraisal Report
Parcel No.: 00090370-000000 & 00090400-000300 v L
. .n.ey argo, FL
NoY-04-04 09. 29A Ap i 1
,.."" ua u't u.ti: ;:ttip pra sa Co./Padron Asso 3052960493
P.03
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... Wt..... ......... fI"....~ 1 .................
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Appraisal Company of Key West
Page 40
Sandra Walters Consultants, 911c.
6410 Fifth Street, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detennination
ATTACHMENT 6
Site Plan of Proposed Single-Family Residence
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+ + + +./ 5696 square IHt:i:
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+ ~ -+ ~ + +.. + + >- ') ~ /
+ +' ... ... 't .l. -!~ + ..,.. ;: ~ ~/ '> 'V" J; ~ ~ / &
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Source: 1992 Hal Thomas surveys of Sutton parcels 8 & 9
Adapted by SWC
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RAMeo FORM 8
This @uil-€laim lleed, Executed this 3/~ day of August
ROBERT L. WARD and MARJORIE J. WARD, his wife, as to
interest in the described property,
first party. to
GENEVA L. SUTTON, a single woman,
y
whose postoffice address is
922 Osorio Avenue, Coral Gables, Florida 33146
second party:
jl
(Where~r used herein the tenos "'i"'l party" and "secnnd party" shall include .inl!'llar and plural, hein, legal
representatives, and assigll' 01 individuals, and Ihe .ucc....... alld assigns of co<por,,,iOIlS, wherever the conlexl
50 admits or fe-quires.)
1\
lltfitnessdh, Tllut 1116 said first parly, for and in consideration of die sum of $ 10.00
in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re-
lease and quil-claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Monroe State of Florida . to-wit:
II
II
I.
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That portion of Government Lot 1, Section 4, Township 62 South, Range 39
East, Key Largo, Monroe County, Florida, more particularly described as
follows: BEGIN at a point on the East line of that certain right-of-way
reservation recorded in Deed Book G-5, at Page 478, of the Public Records of
Monroe County, Florida, 500 feet South of the North boundary line of said Lot
1; thence East and parallel to the North boundary line of said Lot 1 to the
Atlantic Ocean; thence begin again at a point on the East line of the above
described right-of-way reservation 500 feet South of the North boundary line
of said Lot 1; thence South along the East line of said 50 feet right-of-way
reservation 100 feet; thence East and parallel to the North boundary line of
said Lot 1, to the Atlantic Ocean, thence meandering to the shore line north-
easterly to the point of intersection with the line first h~einbefore described
INCLUDING any reversionary interest in and to the above desSl"i!jd S<eoot,strip
of land reserved for right-ai-way for ingress and egress fo~~ use of a~~ of
the owners of land in said Lot 1, SUBJECT, NEVERTHELESS, to .-t~rigtfiQ; of ',any
owners of land in said Lot 1 to right-of-way for ingress an4~e~ess ~er tHe
. 0(")" -
r1ght-of-way easement hereinabove described. C:30~ 00
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COllv~ of M.2.~~oE
CERTIFIED RECEIPT NUMBER: P 463 883 572
Ms. Geneva Sutton
515 Crescent Drive
Apartment 201
Hollywood, FL. 33021
..~.
~D OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman. DI8trict 3
Mayor Pro Tern. Jack London. DIstrIct 2
WIlhelmina Harvey, DistrIct 1
....ary Kay ReIch, DistrICt 5
Keith Douglass. Oi
Planning Depa
2798 Overseas Highway
Suite 410
Marathon, FL. 33050
September 18, 1996
Re: Application #96-3-2644 for a residence on Part of Govt. Lot
1, Section 4, Township 62 South, Range 39 East, Key Largo
Dear Ms. Sutton:
The Planning Department is in receipt of your application to
build a single family residence on the above described property.
After careful review of the survey submitted with your applica-
tion, and discussion with the biologist, we regret we are unable
to approve your application at this time for the following rea-
sons:
According to the Monroe County Land Use Maps, the property under
review is in the Sparsely Settled (SS) land use district. Pursu-
ant to Sec. 9.5-262, of the Monroe County land development regula-
tions, entitled "Maximum resi~ei1tial density and district open
space", the Sparsely Settled district requires 2 acres of upland
per dwelling unit. Your survey shows that, although your lot is
a little over 2 acres, onl.Y 9,422 square feet can be considered
"buildable acreage". Pursuant to Policy 101.4.21 of the Monroe
County Year 2010 Comprehensive Plan, the allocated density for
submerged lands, sal t ponds, freshwater ponds and mangroves is
O. Thus, the mangrove portion of your property has no develop-
ment rights..
The same policy of the Monroe County Year 2010 Comprehensive Plan
prohibits the transfer of development rights to any property lo-
cated in the Sparsely Settled land use district. The property
could, however, be used as a II sender 11 site in the transfer of
development rights process.
"
.
~
.
~
You have the right to appeal this decision. If you choose to do
so, please obtain an application form from the Planning Coordina-
tor's office (305) 289-2500. Appeals must be filed within 30
working days of the decision and be accompanied by a non-refund-
able filing fee of $250.00, a non-refundable newspaper advertis-
ing fee of $175.00 and a non-refundable notification fee of
$25.00 for each adjacent property owner. Please note that adja-
cent landowner means an owner of land sharing a boundary with
another parcel of land and that an intervening road, right-of-
way, easement or canal shall not destroy the adj acency of two
parcels.
An appeal involves a public hearing before the" Planning Commis-
sion. You or your appointed representative must be prepared to
appear before the Commission to present evidence in support of
your appeal.
If you have any questions, please do not hesitate to call me at
289-2500.
Very truly yours,
~~~
Antonia Gerli
Development Review Coordinator
cc: James Roberts, County Administrator
Robert Herman, Director of Growth Management
Timothy J. McGarry, Planning Director
Gail Moro, Planning Coordinator
Sheryl Bower, Senior Planner
Don Horton, Assistant Building Official
DENSUTTN/DENIAL
.. &.
~LUTION NO. P81-97
A RESOLUTION BY THE MONROE COUNTY PLANNING COM-
MISSION DENYING THE APPEAL OF BUILDING PERMIT
NO. 96-3-2644 SUBMITTED BY GENEVA SUTTON TO
CONSTRUCT A SINGLE FAMILY RESIDENCE ON PROPERTY
DESCRIBED AS A PORTION OF GOVERNMENT LOT 1,
SECTIqN 4, TOWNSHIP 62 SOUTH, RANGE 39 EAST, KEY
LARGO, MONROE COUNTY, FLORIDA, MILE MARKER
99.7. THE LAND USE DESIGNATION IS SPARSELY
SETTLED AND THE REAL ESTATE NUMBER IS 090370.
WHEREAS, during a regular meeting held on October 22, 1997,
the Monroe County Planning Commission conducted a public hearing
on the request filed by Geneva Sutton to construct a single fami-
ly residence on a portion of Government Lot I, Section 4, Town-
ship 62 South, Range 39 East, Key Largo, Monroe County, Florida;
and
WHEREAS, the above-described property is located in the
Sparsely Settled (55) land use district; and
WHEREAS, the Planning Commission was presented with the
following evidence, which by reference is hereby incorporated as
a part of the record of said hearing:
1. Application for an administrative appeal submitted by
Geneva Sutton; and
2. The staff report prepared by, Antonia Gerli, Development
Review Coordinator and Ralph Gouldy, Environmental Plan-
ner, dated April 3, 1997; and
3. The sworn testimony of the Growth Management Staff; and
4. Presentations by Franklin Greenman and Paul Sutton; and
5. Comments by Garth Coller, Planning Commission Counsel;
and
WHEREAS, the Planning Commission has made the following
Findings of Facts and Conclusions of Law based on the evidence
presented:
1. A 1992 survey of Parcel 8, prepared by independent biologist,
Tom Stroebel, delineates a saltmarsh-buttonwood area of 5695
square feet and a hammock area of 3727 square feet. The
remainder of the property is mangrove; and
page 1 of 2
ASUTTON.08/TXTDR
Initial~
..
2. Upon implement~_ion of the 2010 Comprehen~_ve Plan in January
1996, Saltmarsh and Buttonwood Wetlands were assigned an Open
Space Ratio of 100 percent, therefore this area cannot be
included in net buildable area calculations; and
3. A development setback of at least 20 feet from saltmarsh-
buttonwood areas 1S required, further reducing the net
buildable area in the remaining hammock zone, which measures
50 feet at its widest point. After front and side yard set-
backs are subtracted, the total net buildable area amounts to
about 300 square feet; and
4. Zoning does not grant the right to develop the property in a
manner contrary to existing regulations and does not guaran-
tee that every property within the zoning district's jurisdic-
tion is buildable. Therefore, the letter denying the permit
for a single family home is not inconsistent with the prior
granting of a zoning change; and
5. Estoppel and vested rights doctrines cannot apply to Ms.
Sut ton's case because she has been aware for over ten years
that the property was not suitable for development. Since
1989, Ms. Sutton has had written confirmation on several
occasions from the County Biologist that the property was not
buildable. Ms. Sutton has not expended a substantial invest-
ment based on reliance of a governmental act. NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support their decision to ~ the appeal of building
permit No. 96-3-2644 submitted by Geneva Sutton for the construc-
tion of a single family residence.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 22nd day of
October, 1997.
Chair Hansley
Vice-Chair Gorsuch
Commissioner Chaplin
Commissioner Mapes
Commissioner Aultman
BY
1-~
day of
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY~hair
~ , 1997.
~ge 2 J}2
Sign
ASUTTON.oa/TXTDR
Initial~
(."\ -~.
C o.l!f!LY of ~L~~~E
Planning Department
2798 Overseas Highway
Suite 410
Marathon, FL 33050-2227
January 9, 1997
Geneva Sutton
515 S. Crescent Drive # 201
Hollywood, FL 33021
Dear Ms. Sutton:
A FCOU
MAYOR, Keith Doug
Mayor Pro Tem. Ja
Wilhelmina Harvey.
Shirley Freeman, DIStrict 3
Mary Kay Reich, DistrICt 5
Enclosed is a copy of Resolution P81-97 from the planning Commis-
sion Hearing of October 22, 1997, at which time the .Commission
denied your application for an administrative appeal on property
described as a portion of Government Lot 1, Section 4, Township
62 South, Range 39 East, Key Largo, Monroe County, Florida, Mile
Marker 99.7. This Resolution was signed by the Chair on January
7, 1998.
Pursuant to Section 286.0105, Florida Statutes and Monrge County
Board of County Commissioners' Resolution #1.31-1.992 appellants
must provide a verbatim transcript of the hearing before the Plan-
ning Commission within 30 days of the written decision of the
Planning Commission. The verbatim transcript of the hearing
shall be prepared by a court reporter at the appellant's expense
and will be filed as a part of the record on appeal. A tran-
script made from recordings or other secondary means, does not
provide a sufficiently accurate record of all the speakers. There-
fore, such "secondaryll transcripts may not be accepted as a valid
verbatim transcript.
Appeals of Planning Commission decisions, timely filed, will go
before a hearing officer in the manner provided by Monroe County
Code, Section 9.5-535.
ASUTTON.09/TXTDR/#96088
Page 1 of 2
e
,
-4
.
~~.
Should you have any qUestions concerning this matter, please
do not hesitate to call me at 289-2520.
~s~n~erelY'j
~~~
Kenia Tapia
Staff Assista t
Enclosure
Certified Mail
cc: Frank Greenman, Esq.
ASUTTON.09/TXTDR/#96088
Page 2 of 2
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6410 Fifth street, Suite 3, Key West, FL 33040
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Sutton pro'rty, Key Largo, Monroe County
Application for Beneficial Use Determination
ATTACHMENT 6
Site Plan of Proposed Single-Family Residence
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Source: 1992 Hal Thomas surveys of Sutton parcels 8 & 9
Adapted by SWC
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I ~ ., Sandra
""alters
CONSULTANTS, INC.
December 22, 2004
Marlene Conaway, Director
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Subject: Geneva Sutton application for beneficial use determination
Subject property located on Key Largo, Monroe County, FL
Dear Marlene:
Enclosed is a full application for beneficial use for two lots comprising about 4 acres owned by
Geneva Sutton in Key Largo. We have designed one single family home on the property that
meets all requirements of the County code except for requiring a front yard setback variance.
The application is also accompanied by a current appraisal of value.
This application is particularly meritorious because of a County staff report recommending the
beneficial use process. Mrs. Sutton has also spent many years receiving mixed messages from
various County spokespeople as to the building potential at the property. It is high time she
receive appropriate consideration and a final equitable resolution.
Enclosed is check #683 for the application cost recovery fee of $750.00. A copy of Mrs.
Sutton's letter designating Sandra Walters Consultants, Inc. as agent to submit and process this
application is attached. The original notarized letter will be provided shortly, as it is in the mail
to our office.
Please call if questions. The SWC office will be closed much of this next week between
Christmas and New Years, but we will be back in the office the week of January 3.
Sincerely,
SANDRA WALTERS CONSULTANTS, INC.
~~~
Enclosures: Payment of cost recovery fee
Agent letter
Beneficial use application and attachments
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Sandra Walters
Principal
Cc: Geneva Sutton
Doug Halsey, 1.0.
6410 FIFTH STREET, SUITE 3, KEY WEST, FL 33040
LOWER KEYS & KEY WEST 305-294-1238. UPPER KEYS 305-664-2342. MIAMI 305-661-4928
FAX 305-294-2164 . EMAll SWCINC@BELlSOUTH,NET . WEBSITE WWW,SWCONSULTf',NTS,NET
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APPLICATION FOR A
DETERMINATION OF BENEFICIAL USE
$750.00 Cost Recovery Deposit Fee
PART I (PLEASE PRINT)
APPLICANT/OWNER INFORMATION:
1. Applicant is:
DOwner
I8l Authorized Representative
2. Applicant's Name: ~:mdr::l Walters C'Almmltants, Tnc
Phone: 305-294-1238
3~ Applicant's Mailing Address:
6410 Fifth Street, Suite 3, Key West, FL 33040
4. Owner's Name (if applicant is NOT owner):
Geneva Sutton
5. Owner's address: 1550 NE 13 Terrace B-1O Jensen Beach FL 34957
Phone' (772) 232-2422
6. Attach copy of Recorded Deed showing ownership and legal description.
7. Attach survey.
PROJECT AND SITE INFORMATION:
8. Project/site address: N/ A
9. RE#: 90370.0003 & 90400.0003
10. Legal Description (attach metes and bounds description if necessary): 4-62-39 KEY LARGO PI GOVT
LOT 1 (2.15AC) G5-478 G64-556 ORI55-58/66 0R255-499/500 OR492-367 OR834-12420/C 0R916-
2447Q/C and 4-62-39 ISLAND OF KEY LARGO PI GOV LOT 1 (1.83 AC) OR490-449 OR490-4470
OR834-12430/C OR916-2447Q/C
11. Identify the land use district in which the property is located. Attach a map showing the district
boundaries if the property is located in more than one land use district. SS. map attached (Attachment 1)
12. Describe the present use of this property: Lot is currently vacant
13. Document the date the owner acquired the property and the amount paid:
Date: 0211971 Amount Paid: $12.000
14. Document the current value of the property: According to the Monroe Countv ADDraisers Office. the
prooerty is currently assessed at $3.054.00. If not for County regulations that prevent development of the
orooorty. the lot value would be much greater and would be assessed accordingly (see discussion below).
1
Application for beneficial use
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~~.
PART II
PLEASE ANSWER THE FOLLOWING:
1. Explain the reason for your application for Beneficial Use and include any official act by the County denying
you of all reasonable use of your property (describe your expectations for uses of the property):
Geneva Sutton is experiencing a de facto denial of all reasonable economic use of her prooerty (a DOTtion of
Government Lot L Section 4. Township 62 South. Ra.Ime 39 East. Key Lan~o) by the application of Policies 203.1.1
and 204.2.1 of the Year 2010 Comprehensive Plan. and Sections 9.5-347 and 9.5-348 of the Land Development
RemIlations. Comprehensive Plan changes in 1986 and continued since then recognize the legal rililit to some
reasonable economic use of privately-owned land. Ms. Sutton has made manv attempts and has received a variety
of confusing and conflicting opinions from Countv staff. as follows (see Attachment 2)-
. 1989-A site visit with County Planner Ty Symroski indicated the possibility of buildine: five units on the
property.
. 1989-A letter from County Biologist Bob Smith and Planning Director Lorenzo Aghemo states the property is
not buildable.
. 1989-A letter from Staff Director Mark Rosch informs Ms. Sutton that the Monroe County Land Authoritv is
not focused on buying land such as hers at that time.
. 1990---A State Hearing Officer states in an administrative decision that the Sparselv Settled land use district of
Mrs. Sutton's property. which allows low density residential develooment. is aDDropriate and correct.
. 1991-An unsigned County letter to Mrs. Sutton states that her land is buildable. so oroperty taxes cannot be
refunded.
. 1992-A letter from attorney James Mattson to Countv Planning Director. Lorenzo Aghemo exolains the
confusion and reauests clear direction. No answer was forthcoming.
. 1997-A County staff reoort exolains a recommendation of denial for a single residence building permit. and
recommends seeking relief through the beneficial use process.
Therefore. the owner is reQuesting relief under Monroe County Comprehensive Plan Policy 101.18.5.
When Mrs. Sutton obtained the subiect prooerty in 1971. she expected to eventually develop the parcel. Her
exoectations. at that time. were reasonable given that no restrictions would have prevented her from doing so. While
the 1986 Countv comprehensive plan chan2ed the re~atoIV structure of development in the Kevs. both before and
after the effective date of that plan comparable lots within the same area were developed (please see attachment 3
and 4).
Mrs. Sutton is submitting this aoolication for a beneficial use determination seeking relief to build a single-family
dwelling on her property. The parcel is legally platted and is within the Sparsely Settled (SS) Land Use District. the
{)uroose for which is "to establish areas of low-densitv residential development where the predominant character is '
native or o{)en SPace lands" (Sec. 9.5-209). She now plans to build only a single house on the two combined lots.
which are cumulatively in excess of four acres in total size. The parcel is served by a private road that all adiacent
property owners have access to. and bv the Florida Keys Electric Cooperative and the Florida Kevs Aaueduct
Authority.
The lot consists of upland distwbed hammock. salt marsh. scrub mangroves and frinvnr wetlands (attachment 3 and
5). LDR sections 9.5-347 and 9.5-348 prevent the owner from developing her l>rooertv. Section 9.5-347 reauires a
100% open space ratio for wetlands. Section 9.5-348 prohibits all placement of fill within wetlands and prohibits
single-family structures from being developed on or over wetlands. When applicable front and side yard setbacks are
subtracted (9.5-281). the net buildable area remaining is only about 300 SQuare feet.
2. Document any determination of Vested Rights for the property: N/A
3. Document all attempts made to sell the property and the results of those efforts. Attach documentation in
support: The owner has attempted to sell the property to the Monroe County Land Authoritv. her askin~
price was denied despite comparable land values in the area no alternative offer was made. and Mr. Rosch (see
Attachment 2) indicated that purchase of property such as hers was not a Land Authoritv priority.
2 Application fOT beneficial use
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(-
4. Explain how the criteria identified in Policy 101.18.5, Monroe County Year 2010 Comprehensive Plan are
met. A copy of this policy is attached to this application.
Loss of Economic Use
As eXDlained above. the strict application of Policies 203.1.1 and 204.2.1 of the Year 2010 Comprehensive Plan. and
Sections 9.5-347 and 9.5-348 of the Land DevelODment Remliations. create a de facto denial of all reasonable
economic use of the subject property.
Attachment 3 contains appraisals comoleted by the Aopraisal Co of Key West that state the value of the land as
$520.000 and the value of the land once improved with an aoorollfiate structure is $1.12 million to $1.34 million.
Background Information
. Geneva Sutton is the owner of record. and purchased the subject propertv-described as Government Lot I.
section 4. Township 62 South. Range 39 east Kev Largo. FL-in 1971.
. The parcel is zoned "Sparsely Settled" and is currently vacant.
. The Sparsely Settled designation allows low-density residential development to be permitted on this lot. except
for the County Code restrictions cited above.
. The parcel is comprised of distUIbed hammock. salt marsh and buttonwood areas. and mangrove wetlands. An
independent environmental assessment was conducted in 1992 and the habitat characteristics delineated on a
site surveyS (see attachment 5). These conditions have been accepted by County staff (see attachmem 2A) and
confirmed by SWC staff.
Requested Relief
In accordance with Poliey 101.18.5. Monroe County Year 2010 Comprehensive Plan. the owner reauests a
Beneficial Use Determination in order to {lrevent a remliatorv taking. Relief is reauested in the form of limited
development approval for the subject prOPertY (i.e.. the 3{>Droval should allow the applicant to develop a sinJ!:le-
family dwelling on the prooertv.)
The County planning staff has recommended seeking of relief via the beneficial use process (see Attachment 2).
Proposed Development (See Site Plan, Attachment 6)
. The residence will have a footprint of only 2.000 square feet which allows for placement to meet the required
minimwn 25-foot setback from wetlands. To accommodate this. a front-yard setback variance of 125 feet will
be required. Side yard setbacks are met.
. The house will be reached by a 12.5-foot driveway from the road with oarki.Im beneath the structure.
· The onsite aerobic wastewater treatment sYstem will be located beneath the strncture. usinJ!: deep welliniection
for disposal of treated effluent to minimize the extent of site disruption.
. The house location is in the least environmentally sensitive area of the site. entirelv on uplands with elevations
00.0 feet and higher (see spot elevations on survev. attachments 5 and 6) containing disturbed hammock with
more than 50% exotic vegetation (mostly Brazilian pepper and Lead tree).
. The remainder of the property will be placed under a conservation easement.
Consistency with Comprehensive Plan and LDRs
Development approved pursuant to a beneficial use determination shall be consistent with all other objectives and
policies of the Comprehensive Plan and Land Development Regulations unless specifically exempted from such
reauirements in the final beneficial use determination.
· The owner has previously apolied for a ROGO allocation and building permit for the parcel. but was denied
(see Attachment 2).
· A beneficial use determination would not adversely affect public health. safety or welfare but rather would
provide constitutionally protected use of private property.
· The owner will avoid and minimize impacts caused by the buildin~ of a residence on the property. and no
wetlands will be affected.
3
Application for beneficial use
c~
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Planning Issues
Compatible with current & future land use districts - The request to develop a sinll"le-family dwellin~ is
compatible with the SS land use district which allows low density residential development.
Compatible with Community Character - The surroundin~ area is a mixture of undeveloped land and residential
development rangin~ from sinJde-family homes similar to the one prooosed by the owner to condominiwn high-
density projects (Attachment 3). The adjacent parcel to the north. which is very similar environmentally. is owned
by Mrs. Sutton's brother. Charles Rice. who obtained a building pennit from Monroe County and built a single
family residence there in 1994. The prooosed residence will be entirely consistent with the existin~ community
character.
Setbacks - The applicable setbacks for the SS land use district are 25 feet for the front yard. 10/15 feet for side
yards and 15 feet for the rear yard. The side yard setbacks can be met. However. the location of the lot and its
environmental attributes make it subject to Section 9.5-349 that dictates shoreline setbacks and Section 9.5-348(7)
that requires a vegetated buffer between development and wetlands.
Shoreline setbacks - See below.
Ve2etated buffer requirement - Section 9.5-348(7) specifies that a minimwn vegetated setback of 50 feet shall be
maintained as an open buffer for development occurring adjacent to all types of wetlands. This section also allows
for exceptions where the setback can be reduced to 25 ft to allow for development of a home with a footprint of no
more than 2.000 SQuare feet. Given that the lot consists largely of wetlands. the owner reauests a variance to this
section to reduce the wetland setback to the minimwn 25 feet. and proposes to limit the footprint of the house to
2.000 square feet. locate it within the least environmentally-sensitive area of the parcel. and place the undevelO{led
oortion of the property under conservation easement.
Other pennittin2 issues - If limited development approval is granted. the owner will still need to meet the
following permitting requirements:
. Building Permit
. DOH Permit (on-site wastewater disposal)
. Imoact Fees
Applicant's Signature
Date
STATE OF
COUNTY OF
Swom to (or affirmed) and subscribed before me this
20 _ ,by
day of .
who is personally known or who has produced
as identification.
Notary Signature
4
Application for beneficial use
c
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MONROE COUNTY YEAR 2010 COMPREHENSIVE PlAN
BENEFIOAl USE
PROCEDURES AND CRITERIA
Obiective 101.18
Monroe County Hereby adopts the following procedures and criteria for the determination of vested rights and
beneficial use and for the effect of such determinations.
Policy 101.18.5
1. It is the policy of Monroe County that neither the provisions of this comprehensive plan nor the
Land Development Regulations shall deprive a property owner of all reasonable economic use of a
parcel of real property which is a lot or parcel of record as of the date of adoption of this
Comprehensive Plan. Accordingly, Monroe County shall adopt a beneficial use procedure under
which an owner of real property may apply for relief from the literal application of applicable land
use regulations or of this plan when such application would have the effect of denying all
economically reasonable use of that property unless such deprivation is shown to be necessary to
prevent a nuisance or to protect the health, safety and welfare of its citizens under Florida Law.
For the purpose of this policy, all reasonable economic use shall mean the minimum use of the
property necessary to avoid a taking within reasonable time as established by current land use
case law.* Adopted pursuant FAC Rule 28-20.100(16)
2. The relief to which an owner shall be entitled may be provided through the use of one or a
combination of the following:
a) Granting of a permit for development which shall be deducted from the Permit Allocation
System;
b) Granting of use of transferable development rights (TORs);
c) Government purChase of all or a portion of the lots or parcels upon which all beneficial
use is prohibited. The alternative shall be the preferred alternative when beneficial use
has been deprived by application of Division 80fthe Land Development Regulations;
d) Such other relief as the county may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid a "taking" of the property under
state and federal law.
3. Development approved pursuant to a beneficial use determination shall be consistent with all
other objectives and policies of the Comprehensive Plan and Land Development Regulations
unless specifically exempted from such requirements in the final beneficial use determination. *
Adopted pursuant FAC Rule 28-20.100(17)
5
Application for beneficial use
~'
Sandra Walters eonsultGhCS, 911c.
6410 Fifth Street, Suite 3, Key West, FL 33040
~
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detennination
ATTACHMENT 6
Site Plan of Proposed Single-Family Residence
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Source: 1992 Hal Thomas surveys of Sutton parcels 8 & 9
Adapted by SWC
p. 1
f-ROM :OO!CK PROTECTl~ SYSr lNC. FAX NO. :772-382-0792
Ce. 22 2004 1l:27RM P2
December 2 L 2004
Ms. Marlene Conaway, Director
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Marathon, FL 33050
Sub.icet: Property in Key Largo, Monroe County, J:L
RE is 90370.0003 It 90400.003
Dear M!I. Conaway:
By this letter, 1. C~Vll Suttoo, owner of the ahove-relercnced property, designate Sandra
Wallers Consultants, Inc. to act 8.1\ agent for me in regard to an application for determination of
beneficial use for this property.
Sincerely,
,4IkY~~
Geneva Sutton
1550 NE 13th Terrace, 810
Jensen Beach, FL 34957
072} 232-2422
STATE OF
COUNTY OF
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ff\Q.~+~n
Sworn to (or atrrrmod) and subscribed before me this _ ~ f -:;+ day of 1) ee~1!.kc ,
20rl , by Q,.~..r\ e."; (\. .5\)-+\-" n ___ ."._ who j$ personally known 0. hJ~" bet PM;I:IGM
__ ~ntifillatiWl.
Notary Signature _.-D.~
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IlII!lIINl a IlOMWf
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EXI'IlES: Auau1131,_
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SandrA WAiters COnsultAnts, 911c.
6410 Fifth Street, Suite 3, Key West, FL 33040
"
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determination
LIST OF ATTACHMENTS
No.
Description
Pages
3
County Land Use District map showing Sutton parcels................... 1
Denials of Rezoning and Building Permit Applications
2A April 3, 1997 County staff report regarding building permit........ 4
2B April 14, 1992 James Mattson letter to County Planning
Director....................................................................... ............... 2
2C March 4, 1991 County letter to Mrs. Sutton ............................... 3
2D May 8, 1990 Hearing Officer determination ............................... 3
2E July 13, 1989 Land Authority letter to Mrs. Sutton..................... 2
2F April 25, 1989 County letter to Mrs. Sutton................................ 1
2G April 17, 1989 County planner field notes .................................. 2
Aerial Photographs of Property
3A 2002 Property Appraiser Aerial. ....... ........... .......... ..................... 1
3B 1991 Property Appraiser Aerial................................ .................. 1
3C 1981 Property Appraiser Aerial.................................................. 1
3D Client Aerial Photographs.......................................................... 3
12/20/04 Appraisal by Appraisal Company of Key West.................. 40
Oversized Surveys of Parcels Showing Habitat Types
5A Survey of Parcel 8 ......................................................... ............ 1
5B Survey of Parcel 9 ......................................................... ............ 1
Site Plan of Proposed Single-Family Residence................ ............ 1
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Pursuant to Ordinance 039-1987 and Rule 9J-1S.006' F.A.C.,
the Monroe County Land Use District Map is amended as of
June 27th,1988 and indicated above and briefly described as:
Add boundaries to new 55 district as shown and delet
oundary to the Northwest of parcel. Designate
5 & A as 0
.
~urtB 'tea
Date
Amendment 11 247
1
:
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Attachment 2A
~ E M 0 RAN DUM
TO:
The Planning Commission
Antonia Gerli, Development Review Coordinator ~~
Ralph Gouldy, Environmental Planner ~
April 3, 1997
FROM:
DATE:
RE:
Adrninistrati ve Appeal by; Geneva Sutton
(Owner), and Franklin Greenman, Esq. (Agent)
MEETING DATE; April 23, 1997
REQUEST:
A. Description of Project:
Ms. Sutton made application (196-3-2644) to construct a
single family residence on waterfront property she owns
in Key Largo. While Ms. Sutton owns two lots, only
parcel 8 is included in the application for ~he single
family home.
Much of the property consists of mangrove habitat,
which carries no -development rights. Because the
remaining buildable area on the parcel does not meet
the density requirements for the Sparsely Settled (55)
land use district designation, the permit was denied.
;)
B. Location of Project:
A portion of Government Lot 1, Section 4, Township 62
South, Range 39 East, Key Largo, Monroe County,
Florida. Real Estate Number 090370.. Mile Marker 99.5.
Land Use Designation: Sparsely Settled (55).
C. Project Applicant:
Geneva Sutton (Owner)
D. Appellant:
Geneva Sutton (Owner)
515 S. Crescent Drive #201
Hollywood, FL 33021
Franklin D. Greenman, Esq. (Agent)
Greenman and Manz
5800 Overseas Highway, Suite 40
Marathon, FL 33050
page 1
ASUTTON.05/TXTDR
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;E~ Precise Decision Being Appealed:
Denial of Permit Application #96-3-2644 for
construction of a residence.
F. Date of Decision: September 18, 1996
G. Appellant's Desired Solution:
The appellant wishes to be granted a permit for
construction of a single family residence.
H. Appellant's Basis of Appeal:
The appellant contends that the zoning change granted
in 1988 from Native Area (NA) to Sparsely Settled (55)
recognizes her legal right to build a single family
residence on the property. Further, the permit
denial is inconsistent with this rezoning, and takes
away all viable economic use of her property.
It is also contended that the biological review of the
property is incorrect and inaccurate.
BASIS OF STAFF DECISION AND DISCUSSION OF APPEAL:
Background:
.The background of the parcel clearly indicates that Ms. Sutton
has been aware of the environmental sensitivity of the property
since 1987.
~
Under the Florida Keys Comprehensive Plan of 1986, th~ subject
parcel was zoned Native~ In 1987, Geneva Sutton applied for a
map amendment on the subject parcel to rezone from Native to
Urban Residential.
The staff report prepared for the rezoning request stated that
the land conditions on the property were scrub mangroves and
fringing mangroves. The analysis of the land use states that
"native land use {is} consistent with the condition of the land
which is scrub mangroves and fringing wetland environment, pub~
lic facilities and disaster evacuation." The planning depart-
ment and the development review committee recommended denial of
the rezoning. The Planning Commission recommended to the Board
of County Commissioners that the parcels be changed to Sparsely
Settled and recommended denial of the request to change the
zoning to Urban Residential. .
In 1988, zoning of the property was changed to Sparsely Settled
by the Board of County Commissipners. Ms. Sutton then modified
her map amendment application to request a rezoning from Sparse-
ly Settled to Suburban Residential.
page 2
ASUTTON.OS/TXTDR
e
e
:Again, the Planning Department recommended denial of the re-
quest, stating that ."Native land use is consistent with the
condition of the land which is scrub mangroves and fringing
wetland environment. Increased density would adversely impact
environment, public facilities and disaster evacuation. This
property was originally zoned NA and changed to SS in the first
round of amendments."
The Board of County Commissioners approved a zoning change to
Sparsely S~ttled - Limited, The DCA denied the request~
In 1989, Robert Smith, former Senior Biologist for Monroe CGun-
ty, wrote a letter to ~s. Sutton stating that "the allocated
density within the SS land use district is 1 unit/2 acres. The
maximum net density is 6 units/buildable acre. The district
open space is .80 which effectively makes the property
unbuildable as the maximum net density is exceeded with even one
unit. "
In a 1995 memo to Mark Rosch, William Miller, former Environmen-
tal Planner for Monroe County, confirmed Mr. Smith's assessment
of the property. Figures prepared by Mr. Smith and Mr. Miller
are slightly different due to the fact that no survey was provid-
ed. Mr. Miller's memo stated "Neither density calculation (for
the two adjacent parcels owned by Ms. Sutton) meets or exceeds
~he minimum amount necessary in order to allocate one single
family residence. Development rights cannot be transferred to
the property in order to build as the maximum net density is
exceeded by one dwelling unit."
:!;
Environmental Assessment under the 2010 Comprehensiv.e Plan:
A 1992 survey of Parcel 8, prepared by independent biologist,
Tom Stroebel, delineates a saltmarsh-buttonwood area of 5695
square feet and a hammock area of 3727 square feet. The remain-
der of the property is mangrove. Upon implementation of the
2010 Comprehensive Plan in January 1996, Saltmarsh and
Buttonwood Wetlands were assigned an Open Space Ratio of 100
percent, meaning that this area cannot be included in net
buildable area calculations~ Also, a development setback of at
least 20 feet from saltmarsh-buttonwood areas is required, .fur-
ther reducing the net buildable area in the remaining hammock
zone, which measures 50 feet at its widest point. When front
and side yard setbacks are subtracted, the net buildable area
drops to about 300 .square feet.
page 3
ASUTTON.05/TXTDR
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Response to Basis for appeal:
The applicant states that she obtained a variance from NA to SS
in recognition of her legal right to building a single family
residence.
However, under the Florida Keys Comprehensive Plan, approved in
1986, and ~he 1986 land development regulations, the property
was not bu~ldable, even if the adjacent lot owned by Ms. Sutton
were included in the application.
Zoning, per se, does not grant the right to develop the property
in a manner contrary to existing regulations and does not guaran-
tee that every property within the zoning's jurisdiction is
buildable. Therefore, the letter denying the permit for a sin-
gle family home is not inconsistent with the prior granting of
the zoning change.
Estqppel and vested rights doctrines cannot apply to Ms.
Sutton's case because she has been aware for over ten years that
the.property was not suitable for development. Since 1989, Ms.
Sutton has had written confirmation on several occasions from
the County Biologist that the property was not buildable. Ms~
Sutton has not expended a substantial investment based on reli-
ance of a governmental act. In fact. she has expended funds
despite the fact the County has written to her that the property
is not buildable and that she knew that the property was primari-
ly wetlands for over a decade.
~
ST~2F RECOMMENDATION:
The staff recommends denial of the appeal and also recommends
that Ms. Sutton seek relief via the beneficial use process.
ASUTTON.OS/TXTDR
page 4
e--.
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Attachment 28
.'
LAND USE 45. ENVIRONMENTAL LAW
INVERSE CONDEMNATION 45. CIVIL RIGHTS
OIL 45. HAZARDOUS SUBSTANCE SPILLS
ADMINISTRATIVE LAW
MATT SON is. TO BIN
AlTORNEYS AT LAW
A FARTNERSHIF OF FROFESSIONAL CORPORATIONS
'POST OFFICE BOX ~Be
FIRST STATE BANK.BUILDING,........ 1;)7.B
KEY LAROO, FLORIDA :3:30:37
.JAMES S. MATTSON, PH.D.
ANDREW M. TOBIN
TELEFHONE 30!5-e!5 2-3:3 e 6
....e. ....AIL 10 :JZO'IB71 .
TELEX eSO'3ze'IB71 ....el uw .
LINDA R. HOWE. CLA
April 14, 1992
Mr. Lorenzo A,ghemo, County Planning Director
Public Service Building, Stock Island
5100 College Road
Key West, FL 33040
Re: Lots 8 & 91 GQv't Lot 1, Sec. 4, Twp 625, Range 39E, Key Largo
Geneva Sutton, owner.
Dear Lorenzo:
As I explained to you yesterday, Mrs. Sutton received the attached letter nearly
three years ago, dated Ap'ril25, 1989, sIgned by you and Bob Smith, stating that the above-
. referenced lots are unbmldable. She also received an unsigned letter da~d/March 4, 1991,
that appears to reach the conclusion that the lots are buildable. I believe the
Smithj Aghemo 1989 letter is incorrect, as it incorrectly applies the district open space ratio
only to the non-mangrove uplands 'on'the parcels. Please review my reasoning below and
let me know, in writing, whether these parcels are currently buildable, and at what density.
X. I have enclosed an 8-1/2 x 11 inch aerial photograph showing the general
area of Mrs. Sutton's lots. They lie on the ocean between the defunct Hidden Bay project
(the large marina in the photo) and the small house in the foreground. I have used red
tape to show the approximate lot boundaries. Please return tbe photo with your response.
,:8. I have also enclosed a copy of the unsigned March 4, 1991, letter to Mrs.
Sutton, on County letterhead with a PK return address, which maJces the following points:
1. At '112, the letter incolTectly states that the parcels are zoned NA, and
that density could be anywhere from Oto 0.5 units per acre.
.2. At '116, the two parcels contain approximately 2.91 and 2.93 acres,
respectively.
3. At '117, the letter cOlTectly states that the parcels were rezoned in the
,II first round" of map amendments, in 1987, from NA to SS.
4. At 117,. the S5 zoning provides her with an allocated density of 0.5 units
per acre, ref@rdless of habitat type. . , . '.'
(. I have attached a c~py of the April 25, 1989, letter signed by you and Bob
, Smith, which concludes the parcels are unbuildable, apparently using the following reasan-
.-.ing. (My conunents are inparentheses.)
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.Mr. Lorenzo Aghemo
April 14, 1992
Page 2
The parcels are zoned SS. (This statement is correct.)
The parcels are "predominantly mangrove," with one area of
"disturbed with exotics" and one area of "disturbed with salt marsh and
buttonwood." (This appears to be an exaggeration, based upon the
photograph, but a habitat survey would resolve this question.)
The total 'dry land area' (presumably the two "disturbed" areas) is
about 0.7 acres. (This may not be accurate, given that the photo
shows that about 50% of the parcels is non-mangrove.)
The "environmental" open s~ace ratio ("OSR") for the 0.7 acres of
"disturbed" land is 0.2, kavmg about 0.55 acres of buildable area
within the "disturbed" habitats. (Correct, if the 0.7 acre figure is cor-
rect. )
The allocated density in SS is 0.5 units per acre. (Correct.)
The maximum net density in 5S is 6 units/buildable acre. (Correct,
but if she had 0.55 ''buildable acres" she could build 3 dwelling units.)
'The district OSR is 0.80 which effectively makes the property
unbuildable as the maximum net density is exceeded with even one
unit." (This sentence makes no sense.)
Consider the last point made in the Smith! Aghemo letter, that the max net density ,.,..,
is exceeded with one DU. Correct me if lam wrong, but 1 believe the "buildable area" in
SS, to which the max net density applies, is 20% of the entire parce~ not 20% of the least
sensiti:,e habitat. If the acreage (5.84 acres total>. cited by the County in its 1:farch 4, 19?1,
letter 1S correct, she has 0.20 x 5.84 = 1.17 "buildable" acres, and could build 7 dwelling
units using transferable development rights. Furthermore, as I interpret the LDRs, 5.84
Ilcres of 55-zoned land, whether mangrove or not, would entitle Mrs. Sutton to 0.5 x 5.84 =
~.92 allocated dwelling units. My calculations, based upon 5.84 acres of land above mean
hi.' 'w. \yater, show !hat ~he could build four dwelling units on the two parcels, using 1.08
mRs, or three umts WIth 1/12th (0.08) of a TDR. .
. ,"' I.' ____
.: Lorenzo, this owner has been sitting on her property, thinking it was unbuildable,
for 't.liH~e years. The March 4, 1991, letter is internally inconsistent and did not give her
~~eM ~4:ections. The County is now pr?posing ,to prohibit, or severely inhibit, development
trt ~ar~allands such as these, and 1t 1S not fau to Mrs. Sutton to keep her confused about
li.'~r. p\4lldipg rights. Please give this mat.ter your.seriousatt~ntion, v1thout undue delay. On
b.~9~f of Mrs. Sutton, thank you for taking the Ume to straighten this out.
1.
2.
3.
4.
5.
6.
7.
tl~: ~~l~ S\,lno~
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OK~,~r; ~R~~~o<qE
(3051 294.4641
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J ~- ~::k~ t.'c&umY COMMISSIONEAS
. . "\ MAYOR. Wilhelmina Har~J.&'!f,'fOi.tfict1
Mayor Pro -1ern. Jack:ltl.:iidOl1liD1S.tHct"2 .,:
, Douglas Jon.s;'Distrl<:t' $:;-1 :~)
',' A. Earl Cheat;OI.trtct'4'~i -4
J~hn StQrmoot; ~DjsiriCts..-;~ "it
Attachment 2C
Plantation Key Government Center
88820 Overseas Highway
Tavernier, Florida 33070
Telephone: (305) 852-7175
IvIarch 4, 1991
Geneva L. Sutton
719 N. Rainbow Drive
Hollywood, Florida, 33021
Dear Mrs. Sutton,
. .,.! -~:". ~ :
Your letter of January 24/ 1991 'to Harry Knight, Tax,."
Collector for Monroe Coun.ty / has been referred to me 'by :his
office for reply.
~:;~.~ ":',,...
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In considering your letter, and the circumstanceS surrounding
your property~ the following information is presented:
1. You have indieated that you purchased the property in
1972, and the property was zoned at 10.31 units per
acre.
Attached (as "A"), please find 1984 zoning map of the.
county, indicating that the property/' in 1984~ was
zoned as GU, or 1 unit per acre.
This zoning, to my knowledge, was placed as subh.-ln
either 1976 or 1978. (I c.~n findnorecotds' fqt;that.'."
time / and I was not a County corrunissi'oner' at., that".::
time. )
2.
In the years of 1984 through 1986, MonroeCciun~tY':,.wen,t
through a period of adopting a comprehensive La:i1d'Use
Plan which changed the zonihg of all parcels in the
county. Finally, after over 90 public hearings and'
appropriate advertising of each of those hearings,
according to Florida Statutes, on February 28, 1986,
the new Comprehensive Land Use Plan for Monroe County
was adopted, to take effect on September 15/ 1986.
Attached, as "B", please find. the zoning for'your ;
property which has existed since September:15 / 1986/ ..
indicating a HA (for Native) zoning.
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~his zoning was placed in that the property ei,:ther
contained extensive wetlands (defined by floriga
Statutes), other environm~ptally sensitive l~nd types
or extensive hardwood hammock.
The density of the Native zoning for your property is
determined by a biological evaluation on the property,
when a permit is requested for its use, to determine
the exact types of land (Mangroves , Transitional ~
Habitats, Scarified/Disturbed, Hammock. Beach Berm or
Pinelands).
When this assessment is completed, density could be
anywhere from 0 units per acre (if mangrove) to .5
units per acre, if scarified/Disturbed or Hammock.
(Attached as "C")
3 .
Current Land Use Regulations, for the Native zoning is
attached as "D".
You will note that uses are, at a minimum, detached
residential dwellings (single family homes), with other
uses of condominiums, public buildings, agricultural
uses, radio, television and telephone towers, and
marinas, subject to the density of the property.
~.":'
Therefore, If you had 20 acres, you would be permitted
20 single family homes, or up to 20 condominium units,
depending upon the type of land identified.
Of course, if your property consisted entirely of
mangroves, you would be permitted no development (just
as you would have been permitted no development, under
the old GU zoning, with mangroves present).
4. You will note (from the materials presented to Mr.
Knight, which were forward~d to me) that parcel 1102334
(RE ID 90370-000000) had significant reduction in taxes
between 1986 and 1987 (1986 - $909.85, 1987:- $274.67,
and notation that 1990 was $202.65), indica~~ng that
the Property Appraiser re-evaluated the pCi;J;"gel, and
found considerable mangroves present, and thuSly
reduced the taxable value of it, considering its
potentially non-buildable status.
5. Parcel 1102393 (RE ID 90400-000300) had ~ reduction in
taxes during the same time period (1986 - $890.29, 1987
- $166.23, 1988 - $193.98, 1989 - $162.17, ~990 -
$116.79, and currently $121.64) also indicating that
re-evaluation in 1986-1987 indicated very little
buildable land. ' ,
6. These two parcels contain approximately 2.91 acres and
2.93 acres, therefore placing a tax of approximately
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$68.94 per acre and $39.86 per acre. You will note
that in 1986 (before the re-evaluation of the
environmental conditions on the properties) the
properties were taxed at $310.52 per acre (1102334) and
$305.94 (1102393).
7. If I am not mistaken, you submitted a request for
rezoning of your properties, which was granted, in
1987, changing the zoning from NA (Native) to SS
(Sparsely Settled) (Attached as "E", Zoning Map, and
"F", minutes of meeting) thus providing you with a
density of .5 units per acre regardless of habitat
~.
;;.
Therefore, I would suggest that the record reflects- that the
taxes which you are paying, presently, for your property have
indeed been reduced by approximately 75% of the amount you were
paying, prior to the adoption of the Comprehensive Plan, and the
record reflects that we did, indeed, give you more value in your
land (from what it had been re-zoned to, in 19~ by granting
you more use of your property (SS instead of NA)
This is documented by uses permitted in SS (Sparsely ,
Settled) attached as "G". This clearly demonstrates that the
Land Use Map Amendment which you were given adds the following
uses to those which you previously held when the parcels were
zoned NA (Native): Parks and community parks, campgrounds, and
hotels (from S units per acre to up to 15 units per acre).
Up to 15 rooms per acre appears to be a far greater density
than you enjoyed under the previous "old" zoning of 1 unit per
acre.
I am in sympathy with your request, but cannot acknowledge
that you should be given a full rebate and refund of your tax
monies paid, since the record reflects that you are paying
significantly less taxes per acre, with considerably more density
per acre, than that which you had prior to the adoption of the
Comprehensive Land Use Plan.
cc: Harry Knight, Tax Collector
Board of County Commissioners
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Attachment 20
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: I STATE OF FLORIDA, I
DEPljRTMENT OF COMMUNITY AFFAI~~
In Re: Draw Out of
Map Amendment No. 104
:from Rule 9J-14.00B
(Genev~ ~.' Sutton)
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HEARIG OFFICER'S DETERMINATION
,,;,CON'S STENCY OF MAP AMENDMENT WI
, PRINC PLES FOR GUIDING DEVELOPM8
I
. :~e H::::::::~:::~t:~-:::: ::~Sd::: r: e:: g:: ::::Ja::~~:: ~ ,:::: <:~. .
Marathon, Florida, upon Petitioner's request for a draw-out
hearing pursuant tq ~ection 120.54(17), Florid~'lstatutes. The
~~arin~ office;, h~v1ng heard the testimony of:Upe wi~nesses and
I
having reviewed the Svidence in the record, ma~es the following
findings:
The proper y
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The proposed amendme~t
The subject property is a 5-acr~ und~veloped parcel
upoti w~ich are loc~td scrub mangroves and friA~~ng mangrcives.
The .parcel abu~"T the", AtlaI)tic Ocean and is pre~f,~I,tlY designated
. I ','1 i .
S5, Sparsely Settled,
was or1g>oa11y des>gnat~di Native (NA).
to SR would permit increq~ed density which
2.
1.
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would adversely affect the fringing wetland environment, public
tacilities and disaster evacuation.
,1',3. 'The' thar,bctler of the property is con~llbtent with the
purpose of the SS district, to esablish areas df low density
residential development where the predominant character is native
or open ~pace lands.
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The existing designation is appropriate for the wetland
character of the site.
I.
5. The propoed l.nd use designation i~lalso inconsistent
with Section ;~80 .05 2 (7 l (a) - (e l, Florida st~, rtes, known as the
Principles for Guidng Development. i~
THEREFORE, it s recommended that the pro osed map amendment
I
from Sparsely Settl d (SS) to Suburban Residen ial (SR) be
denied-by the Department by rule, pursuant to Sections
:380.0552 (9 land TiOr4'
Florida Statutes.
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,L'1~t.~cL-\.0) /[(;kiY"J- -:'
Ran a 1 Kel ey
Assistant Secretary
Department of Community Affairs
2740 Centerview'; rive
Tallahassee, FL!' 32399- 21 00
(904) 488-0410 : II
! I
CERTIFICATE OF SERVICE I
I .
Geneva L. Sutton l
719 North Rainbo~ Dive
Hollywood, FL 3302
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of. ~Af(){ I du A (!JCM!J
L. K thry Funchess! Sr. Attorney
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C~RTIFlCATE OF SERVICE
l
I HEREBY CERTIFY Ihat a
fo~egoing' has been f~r.ished to the parties listed
~;
U.S. Mail this~ day of January, 1990..
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true and correct copy 'of the
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below by
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L. K~ess
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Geneva L. .Sutton
719 North.Rainbow Drive
Hollywood XFlor:\..da '330.21
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LAND AUTHORITY
Attachment 2E
MONROE COUNTY
July 13, 1989
Ms. Geneva L. Sutton
719 N. Rainbow Drive
Hollywood, FL 33021
RE: Property at MM 99.5, Ocean Bay Drive
Key Largo
Dear Ms. Sutton:
You asked today that I provide you with a written statement as to
~ne consideration of your property. As I explained by phone, I
recalled that your property was considered wetlands, and that
would mean it was not under consideration. However, I wanted to
check to see specifically what was in our files and that I would
contact you with that information.
I did find that your property was considered with other acreage
tracts nominated for consideration as part of the Land Authority
Advisory Committee's 1989 Acquisition List, and that it was not
considered entirely wetlands. At the March, 1989, meeting where
this list was first discussed, the Advisory Committee, following
the policy direction of the Land Authority, placed acreage tracts
as the last priority for consideration. Subsequent meetings
eventually refined the list so that solid waste sites were given
.the highest acquisition priority, with unbuildable subdivision
lots given the second consideration. Acreage tracts were not
voted upon, and that situation is not expected to change until
the first two acquisition categories are completed.
Additionally, both the Advisory Committee and Land Authority
continue with the policy of not purchasing wetland sites. I also
asked the County's Land Use Attorney to review your materials to
determine any options available to you under the Land Use Plan,
but he did not find any.
I have enclosed a copy of the letter sent to you by Robert Smith,
County Biologist, and Lorenzo Aghemo, Land Use Planner,
indicating that your site is unbuildable due to the land use
plan. As found in their letter, this situation results from a
combination of the presence of wetlands on your site and the
lower densities of the land use plan.
5825 Jr. CoUege Road West, Wing III, Stock Island, Key West, FL 33040-4399
t305l294-4641 ext. 139,140 or (305) 292-7797
.~
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i?age :;:
Ms. Geneva sutton
July 13, 1989
I then explained that we as we are not purchasing wetland sites,
and that since no acreage tracts have been recolnmended for
purchase in 1989, the Land Authority is not in a position to make'
an offer. In reviewing our material, I can tell you that since \\l
your entire site is not considered wetlands, it is possible that ~
an offer could be made in the future. However, that would only ~
happen after the solid waste sites and unbuildable subdivision
lots are purchased.
You asked about purchase prices, and I indicated that if the site
is considered wetlands, no offer would be made. However, as
noted above, your site is not entirely wetlands. The current
policy is to offer willing sellers the 1986 tax roll assessment,
plus 15 percent, on subdivision lots. Since no acreage parcels
have been acquired, prices have not been set, although the policy
is that the 1986 tax roll assessment will be used as a guide with
the final price being set by a fair market appraisal paid for by
the Land Authority. Our records show the following 1986 tax
assessments on your property: RED9037, 2.71 acres - $66,631; and
RE#9040-000300, 2.48 acres - $65,200.
You also asked that I refer you to someone else that might be of
assistance above me. After telling me all of the Planning
Department people you have spoken with, I suggested that County
Commissioner John Stormont in your Upper Keys district, may be
the only avenue left. Mr. Stormont, with the other County
Commissioners, sits on the Board of Directors of the Land
Authority. I have taken the liberty of forwarding to Mr.
Stormont the materials you have previously sent me for his
information and review.
I realize this letter is not as short as you wanted,but once I
completed our telephone conversation, I found this other material
which is relevant. At this point, we have no additional
information, but I will be glad to answer any questions you might
have.
-:.,
Sincerely,
cL~
Charles Pattison,
Executive Director
,
enclosures
cc: Commissioner John Stormont
~.,..., ~ tii;,~
-':, .', ,~-
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Mrs.G.Sutton
Miami, Fla.
~ .r' '~OUNTY COMMISSIONERS
.. ,~e ,dez. District 1
MAYOR Gen'e Lytton, District 2
Wm, Billy Freeman, District 3
Meyor Pro tern Mike Puto, District 4
John Stormont, District 5
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Re:Lot 8 & 9 of Govt. lot 1, Section 4, Township 62S, Range 39 E,Key
Largo
Planning Department
88800 Overseas Hwy, Rt.3
Tavernier, FL 33070
Apr il 25, 1989
Dear Mrs Sutton,
In regards to the above referenced parcel a site inspection was
made by the County Biologist as per your request. This inspection re-
sulted in the following: The subject parcel is classified as per the
land use plan as S5 (Sparsely Settled). The Environmental character-
istics of the parcel are as follows: The site is predominently man-
groves with one area of disturbed with exotics and another which is
disturbed with saltmarsh/buttonwood. The total 'dry land area' is
about .70 acres. The environmental open space is .2 which leaves .55
acres of buildable area.
The allocated density within the 55 land use district is 1
uni t/ 2 acres. The maximum net dens i ty is 6 units/buildable acre. The
district open space is .80 which effectively makes -the property
unbuildable as the maximum net density is exceeded with even one
unit.. If the property were SRL (Suburban Residential LTD.), as you
indicated it could be if the land use change were completed, then you
would have a density allocation of .70 units with a maximum net densi-
ty of 3 units/buildable acre. It is possible to construct one unit on
your property if you transfer .30 development rights (TDR) from some
other suitable site.
All of the above calculations are based off of estimates and would
need to be verified by a survey of the property with the 'appropriate
environmental zones marked. Please feel free to contact us if we can
be of any further assistance in this matter.
cc. G.Garrett
T.Symroski
H.Tupper
c~~_
ROber~S~~ior Biologist
Lorenzo Aghemo, Planner
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Sandra Walters eonsultants, 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
,
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determination
ATTACHMENT 3 A
2002 Aerial Photograph
.Property Lines are Approximate
Legend N
w.
Owner
Rice
S
o Sutton
0 550 1,100 2,200 Feet
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Source: Monroe County Property Appraiser
Adapted by SWC
e-
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Sandl"G Walters C!onsultantsl 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determination
ATTACHMENT 3 B
1991 Aerial Photograph
.Property Lines are Approximate
Legend
Owner
N
W.E
S
Rice
D Sutton
o
I
550
1,100
I
2,200 Feet
I
Source: Monroe County Property Appraiser
Adapted by SWC
e
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Sandra Walters Consultants, 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Detennination
ATTACHMENT 3 C
1981 Aerial Photograph
*Property Lines are Approximate
Legend N
w.
Owner
Rice
S
D Sutton
0 550 1,100 2,200 Feet
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Source: Monroe County Property Appraiser
Adapted by SWC
e
Sandra Walters Consultants, 9nc.
6410 Fifth street, Suite 3, Key West, FL 33040
e
Sutton Property, Key Largo, Monroe County
Application for Beneficial Use Determination
ATTACHMENT 3 D
Aerial Photographs
Source: Client
Looking due east across Kawama Bay Condominiums at subject
property. Photo taken July 1982.
Looking due west with future location of Key Largo Yacht Club in
foreground, subject property left and center. Photo taken July
1982.
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Sandra Walters .eonsultants, 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
.~~
719 Eisenhower Blvd., Key West
Benthic Survey Report, August 31, 2004
ATTACHMENT 3 D
Aerial Photographs
Source: Client
Looking due north, subject property in center. Photo taken July
1982.
Looking northeast across property. Photo taken 1982 or 1984.
2
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Sandra Walters Consultants I 9nc.
6410 Fifth Street, Suite 3, Key West, FL 33040
719 Eisenhower Blvd., Key West
Benthic Survey Report, August 31, 2004
ATTACHMENT 3 D
Aerial Photographs
Source: Client
Looking west across property. Note Key Largo Yacht Club now
built. Photo taken 1987 or 1988.
3
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APPRAISAL
REPORT
A Complete Appraisal, Summary Report
Property Located At:
UNDEVELOPED TRACT, PART OF GOVT. LOT 1
TOWNSHIP 62, RANGE 39, SECTION 4
PARCEL Nos.: 00090370-0000000 AND 00090400-000300
KEY LARGO, FLORIDA 33070
PROPERTY TYPE:
UNIMPROVED SINGLE F AMIL Y RESIDENTIAL TRACT
Prepared For:
Ms. GENEVA SUTTON
C/O SANDRA WALTERS CONSULTANTS, INC.
Valuation Date:
NOVEMBER 1, 2004
Inspection Date:
NOVEMBER 1, 2004
Prepared By:
JAMES E. WILSON
STATE-CERTIFIED GENERAL APPRAISER
CERTIFICATION NO.: RZ 0002164
ELAINE LIZ-TRUJILLO, MAl
STATE-CERTIFIED GENERAL APPRAISER
CERTIFICATION NO. RZ 0001627
APPRAISAL COMPANY OF KEY WEST
3229 Flagler Avenue, Suite 101
Key West, Florida 33040
OUR FILE NO.: 429-04
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APPRAISAL
OF KEY WEST
co.
3229 Flagler Avenue, Suite #101
Key West, Florida 33040
Telephone: (305) 296-4568
Fax: (305)296.0493
e----
Website: f1a.keysappraisals.com
Email: jim@f1a-keysappraisals.com
December 20, 2004
Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
6410 Fifth Street, Suite 3
Key West, FL 33040
Subject:
Appraisal Report:
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Our File No.: 429-04
Dear Ms. Sutton:
We have performed a complete appraisal process, summary report to estimate the value for the
above referenced property. We have personally examined and appraised the property for the
purpose of reporting to you our opinion ofthe "As Is" Market Value of the Fee Simple Interest of
the Subject Site assuming the granting by Monroe County of an allocation to build one single
family residence on the property through the beneficial use process established in Policy 1 0 1.18.5
of the Monroe County Comprehensive Plan. We have also considered the Prospective Value of
the improved site upon completion of a single family residence per general written specifications
provided.
The subject site consists of a 4.08 acre site which fronts along an unpaved, gravel road which
extends southerly at the terminus of Lake view Drive. The subject site fronts an estimated 200.0
feet along the gravel road and extends more than 850 feet in length to the Atlantic Ocean.
According to the Monroe County Tax Assessor's records, the site consists of3.58 acres offringing
mangrove, 0.22 acres saltmarsh, and 0.28 acres tropical hardwood hammock (upland). Surveys
by Hal Thomas, P.L.S. show the upland on the property is located at the southwesterly comer
along the unpaved road with a total area of 11,841 square feet; therefore, the majority of the site
consists of dense mangrove or environmentally protected vegetation with no development
potential. A survey of the immediate area and properties indicates no docks or waterfront
amenities. It is assumed that the subject property would not be permitted dock or any waterfront
amenities.
According to written specification provided, the subject site will be developed with a three-story
CBS/masonry residential structure including three bedrooms and two and one-half bathrooms.
The house will be of very good quality construction with smooth surface finishes in the
kitchens/bathrooms, high-quality fixtures and marble flooring throughout. The ground level will
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Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INe.
December 20, 2004
Page 2
include a built-in bar-b-que island with keystone entry, tropical landscaping the lighting. A brick
driveway will be featured and will lead to covered parking and storage areas. The second level
will contain a kitchen/entertainment/family room (great room concept) plus guest room/den,
laundary room and Yz bathroom. The third level, providing a panoramic ocean view and breezes,
will house the master suite, plus a guest bedroom and full bathroom. The single family residence
will boast 3,200 square feet of living area, plus 600 square feet of balconies.
Market Value is defmed as the most probable price in cash (or its equivalency) for which the
appraised property will sell in a competitive market under all conditions requisite to a fair sale.
Market value assumes a normal or reasonable time for exposure on the open market.
This report contains the results of our investigation and analysis made in order to furnish an
estimate of the "As Is" Market Value of the Fee Simple Interest of the subject site, assuming
highest and best use for development of one single family housing unit allocated through the
beneficial use process (Monroe County Comprehensive Plan Policy 1 0 1.18.5). We have also
considered and estimated the Prospective Market Value of the Fee Simple Interest of the subject site
upon completion of the proposed residence according to preliminary written specifications.
The Fee Simple Interest is the unencumbered value of the subject property; basically, market rents
and terms are considered with no regard to existing leases and terms. The reader is cautioned that
a title search was not made; thus, no encumbrances are considered herein. Typical properties and
structures are owner-occupied, not leased or purchased for their potential income.
Based on analysis of market data, inspection, and research, it is our opinion that the "As Is"
Market Value of the Fee Simple Interest of the subject vacant site, Real estate parcels owned by
Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, assuming development of one
single family home through a beneficial use allocation (Policy 101.18.5), Monroe County
Comprehensive Plan, subject to definitions, assumptions and limiting conditions, as of November
I, 2004, is:
FIVE HUNDRED TWENTY THOUSAND DOLLARS
( $ 520,000 )
We have also analyzed market data and conducted research of improved sales in order to provide
an estimate of a Prospective Market Value upon completion of the proposed residential structure
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Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
December 20, 2004
Page 3
on the subject site. a value range was estimated due to the preliminary nature of the specifications
of the proposed improvements. Based on preliminary written specifications provided and
research, the Prospective Market Value of the Fee Simple Interest of the subject property, Real
estate parcels owned by Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, upon
completion of proposed improvements, as of November, 2005, is from:
ONE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS
( $ 1,120,000 )
TO
ONE MILLION THREE HUNDRED FORTY THOUSAND DOLLARS
( $ 1,340,000 )
This is a complete appraisal process, summary report which is intended to comply with the
reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for a summary appraisal report. As such, it might not include
full discussions of the data, reasoning, and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation concerning the data,
reasoning, and analyses is retained in the appraiser's file. The information contained in this
report is specific to the needs of the client and for the intended use stated in this report. The
appraiser is not responsible for unauthorized use of this report.
If you have any questions regarding this appraisal report, please feel free to contact us. Thank
you for giving us the opportunity to provide this service for you.
Respectfully submitted,
Z::il~on~
State-Certified General Appraiser
License No. RZ 0002164
&2
Elaine Liz-Trujillo, MAl
State-Certified General Appraiser
License No. RZ 0001627
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~u~mary Apfraisal Report .111 Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUMMARY OF FACTS AND CONCLUSIONS
Subject Property Address:
Township 62, Range 39, Section 4
Parcel Nos.: 00090370-0000000 and 00090400-000300
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Property Type:
Undeveloped Residential Site
11,841 Square Feet of Upland Area
Remainder of Parcel is Mangrove
Land Size:
4.08 Acre Site
Zoning:
SS. Sparsely Settled District. Monroe County
Fee Simple Values:
Cost Approach Value:
"As Is" Market Value
Not Applicable
Upon Completion of SF
Home
Prospective Market Value
Not Applicable
Sales Comparison Approach:
$ 520,000
$ 1,120,000 to $ 1,340,000
Income Approach:
Not Applicable
Not Applicable
Final Value Estimate:
$ 520.000
$ 1.120.000 to $1.340.000
Highest and Best Use:
Development for Single Family Use
Date of Valuation:
Date of Inspection:
Date of Report:
November 1,2004
November 1,2004
December I, 2004
Marketing Time:
6 to 18 Months based on a list price within 5 percent of
appraised value and based on stable economic conditions.
Exposure Time:
Equal to present marketing time.
Appraisal Company of Key West
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Summary Appraisal Report
Extraordinary Assumption:
<<~
Parcel No.: 00090370-000000 & 00090400-000300, K~ Largo, FL
Tm r I . II U
The subject property is readily developable as of
right with one single family residence containing
3,200 square feet of living area within a two-story
"stilt" single family residence. The valuations herein
assume the granting by Monroe County of an
allocation to build one single family residence on the
property through the beneficial use process
established in Policy 101.18.5 of the Monroe County
Comprehensive Plan.
Appraisal Company of Key West
Page 2
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
. _ . '11- 1m I _ _
COMPLETE APPRAISAL. SUMMARY REPORT
This is a complete appraisal process, summary report which is intended to comply with the
reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for a summary appraisal report. As such, it might not include full
discussions of the data, reasoning, and analyses that were used in the appraisal process to develop
the appraisers' opinion of value. Supporting documentation concerning the data, reasoning, and
analyses is retained in the appraiser's file. The information contained in this report is specific to
the needs of the client and for the intended use stated in this report. The appraisers are not
responsible for unauthorized use of this report.
This appraisal is the result of a complete appraisal process; therefore, no departures were invoked.
This summary appraisal report is a brief recapitulation of the appraiser's analyses and conclusions.
Supporting documentation is retained in the appraiser's file.
INTENDED USER:
Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
6410 Fifth Street, Suite 3
Key West, FL 33040
APPRAISERS:
James E. Wilson
State-Certified General Appraiser
License No. RZ 0002164
Elaine Liz-Trujillo, MAl
State-Certified General Appraiser
License No. RZ 0001627
SUBJECT: Parcel Nos.: 00090370-0000000 and 00090400-000300
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Appraisal Company of Key West Page 3
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo. FL
_ .. [lUff 1 n _ _
PURPOSE AND INTENDED USE OF THE APPRAISAL
The purpose of this appraisal is to report our opinion of the "As Is II Market Value of the Fee
Simple Interest of the subject property based on its highest and best use for development of a
single family home as ofN ovember 1, 2004. We have also considered the Prospective Market
Value of the Fee Simple Interest of the property subject to completion of a single family
according to verbal and writting specifications as provided. The Fee Simple Value does not
consider any personal property, fixtures or equipment.
The intended use of this appraisal is to provide general information to the client for development
of the subject site. The intended users of the appraisal report are Geneva Walters, and Ms. Sandra
Walters Consultants, Inc.
PROPERTY RIGHTS APPRAISED
This appraisal is made with the understanding that the present ownership of the property
includes all the rights that may lawfully be held under a Fee Simple Estate. These rights are
sometimes referred to in appraisal literature as the "bundle of rights". It includes the right to
use, keep others from using, sell, rent or otherwise dispose of the property. The elements which
have been included in this appraisal are the vacant, scarified site.
The subject property consists of a vacant, undeveloped residential site. No long-term leases are
proposed or in effect at the subj ect property. A Fee Simple Interest Valuation has been detailed.
However, the reader is cautioned that a title search was not made; thus, no encumbrances are
considered herein.
LEGAL DESCRIPTION
We have made an appraisal report with respect to the subject property for which a legal
description was made available from the Monroe County Tax Appraiser's records as follows:
Township 62, Range 39, Section 4
Parcel Nos.: 00090370-0000000 and 00090400-000300
Key Largo, FL 33070
Appraisal Company of Key West
Page 4
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Summary ~raisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
~ 11
MARKET VALUE DEFINITION
Market Value, in the defmitions of the Uniform Standards of Professional Practice, is defined
as:
"The most probable price which a property should bring in a competitive and open market under
all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus. Implicit in this defmition is
consummation of a sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
a) Buyer and seller are typically motivated;
b) both parties are well informed or well advised and each acting in what he
considers his own best interest;
c) a reasonable time is allowed for exposure in the open market;
d) payment is made in terms of cash in U.S. dollars or in terms of financial arrange-
ments comparable thereto; and
e) the price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated
with the sale."
FEE SIMPLE ESTATE DEFINITION
According to The Dictionary of Real Estate Appraisal, Third Edition, "Fee Simple Estate is
absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power, and escheat."
NEIGHBORHOOD
The subject parcel is located near mile marker 99.0 within the "City Center" of Key Largo. The
subject property is situated within a residential subdivision which is located southerly of Overseas
Highway, with access from the north-bound lanes of the Overseas Highway, also known as U. S.
Highway No. I, which is the main and only highway connecting the Florida Keys to the mainland.
The subject property is situated approximately 95 miles northeasterly from Key West, about seven
miles southerly of the northernmost bridge connecting the Florida Keys to the mainland. The
Appraisal Company of Key West
Page 5
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Summa')! Ap~raisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
r IUH II [1fIL UTi r
Florida Keys are a chain of islands extending in a southwesterly direction from the Southern tip
of Florida, which are connected by a series of bridges. U.S. Highway No.1, Overseas Highway,
provides access to these various islands from the mainland. The Florida Keys extend an estimated
125 miles in length.
The subject neighborhood is bordered on the north by the Monroe-Dade County Line, on the east
by the Atlantic Ocean, on the west by Florida Bay and the Gulf of Mexico, and on the south by
Plantation Key. Overseas Highway divides Key Largo in half, with the subject property located
centrally within Key Largo. Key Largo contains many residential subdivisions, with commercial
uses concentrated along the highway and main thoroughfares. Some areas have been sparsely
developed and/or left undeveloped, since much of the large island is native area and
environmentally sensitive. Key Largo is known for its watersports and relaxed atmosphere just
a short drive from the urban centers of Miami, Fort Lauderdale and the Palm Beaches. Located
on the island is the John Pennecamp State Park, which features coral reef trips for snorkelers and
scuba divers.
Most of the structures are CBS/masonry buildings or smaller single family CBS or frame homes
with evidence of mobile homes in some of the older neighborhood subdivisions or where zoning
historically permitted mobile homes. Most of the mobile home subdivisions in the area are quite
attractive, including the trailer/RV parks within the neighborhood. In other adjacent and nearby
subdivisions, the newer homes are frame and CBS construction built-up on "stilts", with elevated
floors built on concrete reinforced columns, in order to comply with flood zone regulations. Most
of the Florida Keys are located within a Flood Zone Area, as designated by FEMA. The area's
principal land uses are residential and commercial uses with very limited industrial uses. The
subject site has direct access from the south-bound lane of U.S. Highway No.1, a two-way, four
lane asphalt paved divided thoroughfare running northeasterly and southwesterly. It is the main
artery through the Florida Keys. The subject's location provides allows for excellent, with
adequate or average access from Overseas Highway, due to the subject's limited access (due to
environmentally sensitive vegetation along the highway).
In summary, the subject property in the "City Center" of Key Largo, the main key in the Upper
Keys where there are a concentration of services, employment and shopping. Key Largo has a hub
and concentration of commercial retail, services, and office uses. Residential uses are located off
the highway; these neighborhoods as well as nearby communities support the commercial
businesses in the area. The neighborhood may be undergoing an increase in desirability and
property values in the foreseeable future due to improvements with respect to goods and services
and its accessibility to the mainland. The surrounding structures are generally well maintained in
average to good condition. The considerable amount of automobile traffic along U.S. Highway
No.1 provides good exposure to this area. We anticipate continued improvement in the general
quality of the neighborhood, particularly with the increased demand for these type of properties,
as demonstrated by recent sales activity.
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
r _ __ II"" - '<<-n iI - -
MARKETING TIME
The marketing time for the subject property is estimated between 6 and 18 months based on the
comparable sales analyzed and interviews with local brokers. This marketing time is based on
an asking price within 5% of appraised value. It should be noted that the marketing time could
be adversely affected by competition from similar use properties.
EXPOSURE TIME
Exposure time considers the amount of time necessary to effect a sale of the subject property
on the valuation date. In the case at hand, it is our opinion that the exposure time would be
equal to the marketing time, based on a listing price within 5.0% of our appraised value.
OWNERSHIP
According to the Monroe County Tax Assessor's or Tax Collector's Records, the subject site
is owned by Geneva L. Sutton, 1550 NE 13 Terrace, B-10, Jenson Beach, FL 34957.
SALES HISTORY
According to the Monroe County Tax Appraiser's records, the subject property was purchased
by the present owners in February, 1971 for $ 30,800. The sales were recorded in two parts in
the Monroe County Public Records in Official Record Book 490, Page 447 and Book 492, Page
367.
No other recent sales of the property were noted. The subject property is not presently under
contract for sale and purchase nor is it listed for sale by the local Multiple Listing Service.
ZONING
According to the Monroe County Zoning Map and Land Use Plan, the subject property is
located within the SS, Sparsely Settled District. The provisions of this district and permitted
uses are as follows:
SS. Sparsely Settled District. The purpose of the SS district is to establish areas oflow-density
residential development where the predominant character is native or open space lands.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
The SS district permits the following uses as of right: detached residential dwellings;
beekeeping; home occupations; accessory uses; tourist housing excluding vacation rental uses;
antenna-supporting and satellite uses; and wastewater cluster systems serving less than ten
residences.
No changes in this zoning district are anticipated in the foreseeable future. Within any of the
zoning districts, the mangrove vegetation is not allocated any building rights; therefore, a large
portion or most of the subject parcel is naturally preserved by zoning regulations due to the
vegetation or topographical characteristics of the site. For valuation purposes herein, we have
assumed the potential development of one home site on the parcel.
UTILITIES
The subject's immediate area is serviced by public water and electric utilities, with the private
sector providing cable TV and LP bottled gas. The subject property will require an on-site,
private sewage collection system as central sewage is not available.
REAL ESTATE TAX AND ASSESSMENT AND BURDEN
Analysis of the subject's real estate tax burden was not applicable as the subject is assessed as
undevelopable land due to its topographical characteristics of mostly mangrove.
Appraisal Company of Key West
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Summary Apfraisal R~ort Parcel No.: 00090370-000000& 00090400-000300, Key Largo, FL
~11I' lil~iI~llI~i1I1i1!I[ mil! III . I 1m ~. r n 1
DESCRIPTION OF THE SUBJECT PROPERTY
Site Analysis: The subject consists of an undeveloped, heavily mangrove vegetated parcel
which fronts along the easterly side of dedicated road at the southerly terminus of Lakeview
Drive.
The subject site fronts an estimated 200.0 feet along the gravel road and extends more than 850
feet in length to the Atlantic Ocean. According to the Monroe County Tax Assessor's records,
the site consists of an estimated 0.50 acres of salt marshlbuttonwood vegetation or transitional
vegetation and 3.5 8 acres of mangrove or environmentally preserved area. Further information
provided suggests that the subject's developable (less sensitive area) is located at the
southwesterly comer along the unpaved road with an estimated 11,841 square feet of useable
or developable area; therefore, the majority of the site consists of dense mangrove or
environmentally protected vegetation with no development potential. A survey of the
immediate area and properties indicates no docks or waterfront amenities. It is assumed that
the subject property would not be permitted dock or any waterfront amenities.
The property was personally inspected. Valuation is reported without regard to questions on
boundaries. No responsibility is taken by this office for the accuracy or in regard to any
questions on the nature of encroachments, encumbrances, or dissimilarities in measurement.
If and/or when a survey is made available and if any discrepancies are noted due to easements
and/or encroachments, we reserve the right to change the final indicated value herein.
According Mr. Jim Anderson of the Tallahassee, Florida Division of the United States Census
Bureau, Monroe County is not divided into Census Tracts; but rather "Block Numbering Areas".
The subject property is located within Block Number 9705.
The subject site is located within a Special Flood Hazard Area. The actual Flood Zone and
Elevation were not available due to the lack of a physical address for the subject.
Monroe County participates in aN ational Flood Insurance Program and is covered by a regular
program. Any proposed improvements would be required to meet flood elevation regulations
in effect at the time of construction.
Environmental
Conditions:
An environmental screening or audit of the subject property was
not made available to the appraisers. Upon inspection of the
property, no visible signs of environmentally hazardous materials
were noted. The subject property is not listed on the Super-Fund
List published by the Environmental Protection Agency;
Appraisal Company of Key West
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Summary Appraisal Re.J!.ort Parcel No.: 00.0903.70-000000 & 00090400-000300, K1 Largo, FL
i Tn 1 - l -~_._-- .f! fllll~U1Ii1llR1I1 . [IHIlt r~l r . illlllllJ I ~
therefore, the appraisers do not know
of any environmental hazards on the property.
Extraordinary
Assumption: .
The subject site is assumed to be readily buildable via granting by
Monroe County of an allocation to build one single family
residence on the property through the beneficial use process
established in Policy 101.18.5 of the Monroe County
Comprehensive Plan.
Marketing Time:
Based on analysis of recent sales within the market area, we have
estimated a marketing time of 6 to 18 months, if listed within 5.0
percent of the appraised value.
Exposure Time:
Exposure time considers the amount oftime necessary to effect a sale
ofthe subject property on the valuation date. In the case at hand, it
is our opinion that the exposure time would be equal to the marketing
time, based on a listing price within 5.0% of our appraised value.
PROPOSED SINGLE FAMILY RESIDENCE
The subject property is proposed to be developed with a single family residence of CBS/masonry
construction. The structure will be a "stilt" building with concrete column foundation. The basic
perimeter of the structure will not exceed 2,000 square feet
The grade level will consists of parking and a built-in bar-b-que island with stainless fixtures. There
will be Keystone on the front exterior entry. The house will be of a Key West "Conch" style with
clapboard siding over the concrete block and will include a metal roof
The first stilt level ofthe home will contain the main living area with a great room concept including
kitchen/entertainment/family room. The kitchen will be finished with custom wood cabinets and
smooth service counter tops. There will be a guest bedroom and laundry room, was well as ~
bathroom. Floor finishings will include marble. The second living level will include a master suite
with shower and jacuzzi bath. There will also be a guest bedroom and another full bathroom with
tub/shower and quality fixtures at this level. The total living area ofthe home is estimated at 3,200
square feet with an additional 600 square feet of covered balconies. For a total gross building area
of 3,800 square feet.
Appraisal Company of Key West
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Sum.mary Aftraisal Rf..or. t Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
U T . I n mli~mL 1Ii<IT nrmr 11 n1 IT In
HIGHEST AND BEST USE
In order to estimate the Highest and Best Use of the subject property, the appraisers have
considered those uses that are physically possible, legally permissible, maximally productive,
and financially feasible.
"As Vacant": The subject site's highest and best use "as if vacant" is for preservation due to
the extensive environmentally protected vegetation.
Herein we have assumed that the subject is developable with a single family home based on
beneficial use and an extraordinary assumption that a building permit will be issued. This
extraordinary assumption is the basis of the reported values herein and is based on prior
agreement between the client and the appraiser.
APPRAISAL DEVELOPMENT AND REPORTING PROCESS
In preparing this appraisal, the appraisers inspected the subject site. Analysis of recent sales of
vacant similar sites with water views or water access, but no views were considered.
Additionally, the proposed single family residence based on written specifications was
considered. This value is a Prospective Market Value based only on written specifications, no
formal plans; therefore, only a range of value is provided. All comparables were gathered,
confirmed, and analyzed.
There are three typical approaches to value to consider in each appraisal assignment. The three
traditional approaches to value are the Cost Approach, the Income (Direct Capitalization and/or
Discounted Cash Flow) Approach and the Sales Comparison Approach. The three approaches
to value are not always applicable to the assignment; however, the three approaches to value are
always considered.
THE COST APPROACH
The Cost Approach is determined by taking the value of the land and adding to it the
depreciated value of the present improvements. A separate land analysis is considered to
determine the land value. This approach is based on the fact that a purchaser will not pay more
for an existing property than the cost to reproduce it in a similar area, assuming that it could be
reproduced without delay. There can be complications in applying this approach, because
identifying sales of vacant land to develop a value indication for the subject site can be difficult.
Another problem in applying this approach arises if the building improvements are older, for
Appraisal Company of Key West
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~ummary Apc::aisal R;~?urlll1 ~~rfel No.: 0009034~E,QO?q~~~,& 000~0400-000300, Ker Largo, Ff
accurately estimating the depreciation in older buildings is also difficult. Since estimates of
depreciation will have a significant impact on the resulting value estimate, the reliability of the
Cost Approach diminishes when valuing older properties.
The subject property consists of vacant, undeveloped land. Therefore, this approach was not
considered applicable.
Appraisal Company of Key West
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Summary Af~.aisal R.eport Parcel No.: 00090370. -000000 & 00090400-000300, Key Larto, FL
lllm r Tin 1 m::r""',,)"lWTilI. HlUlI--lmlliilT--- I
THE SALES COMPARISON APPROACH
This approach to value is based upon the principal of substitution; that is, when a property is
placed in the market, its value tends to be set at the cost of acquiring an equally desirable
substitute property, assuming no costly delays in making the substitution. These sales are
analyzed and compared to the subj ect property . The Sales Comparison Approach bases its value
indication on recent sales that are pertinent to the value of the subject property. From these
comparable sales, the appraiser must extract meaningful" common denominators" to be applied
to the subj ect building. Typically, the sale price per square foot of the building area (gross area
and net rentable area), sale prices per square foot ofland area, and the overall sale price are the
most common denominators used in estimating the value of the properties similar to the subject.
The subject property consists of an undeveloped, thickly mangrove-vegetated residential parcel.
The parcel consists of 11,841 square feet of developable area along the southwesterly comer at
the street frontage with the remaining 3.81 acres consisting of mangrove vegetation with is not
developable and must be preserved. The subject site is considered herein as developable under
the beneficial use County guidelines with one single family residence. Development of the
property is assumed to be permitted as a Beneficial Use according to Policy 101.18.5 of the
Monroe County Comprehensive Plan. Additionally, written preliminary specifications have
been provided and considered in providing a Prospective Market Value of the property
assuming completion of construction of a single family residence on the developable portion
of the site with water views.
"As Is" Market Value Based on Beneficial Use:
Analysis of recent sales of undeveloped residential sites within the Upper Florida Keys was
considered. The following sales are reflective of the present market and depict the most recent
transactions:
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
ResunE of Cotqm1llie Sales
Sale No. AOftss Sale Date Sales Price IJmdSF \1ew S'SFlandArea
A 1~ Coostal Drive, Key laqp 00/16'04 $1,530,(0) 43,995 ~en \\ater/Ihk $34.78
B 101 Coostalllive 05117104 $1,(00,00) 45,738 Bay View $34.98
C o StilMright Point, KeyIBIgo 05124'04 $4~,cro 6,7S'6 lily View'0mal $66.20
D o OlearrlY Orcle, Key laqp 04115104 $300,(0) 7 ;liX) Q:ean View $41.67
E lot 12, Oouper lane, Key lJIrgo 01/16'04 $279,cro 7,~ O::ean \iew'0mal $37.20
F Lot 16, Grouper Ulre, Key law 01/13/04 $289,(0) 6,520 O::ean \iew'0mal $44.33
G Lot 15, Grouper Ulre, Key l.arg:l 01/13104 $289,(0) 6,520 O::ean \iew'0mal $44.33
Suij. Sutton ProJrrty NlA NlA 11,841 Ocean \1ew NlA
O:mnt Thte: 11/01104 A~ 17,753 $43.35
MOOian 7 ;liX) $41.67
Mininum 6,520 $34.78
Maxim.m 45,738 $66.20
Each ofthe.sales includes residential home sites within subdivisions in Key Largo. All of the
sales boast water views with some having canal frontage or dock access to the Bay or Ocean.
The comparables were considered reliable in valuing the subject due to their locational and
water view characteristics. Sales A, Band C were sold with permits already in place or
applications within the R.O.G.O. Unit Allocation System; therefore, construction of single
family residences was near the ability to commence or somewhat guaranteed. The final four
sales were for single family home sites with no active permits; therefore, the Buyer would have
to apply for a building permit within the R.O.G.O. Unit Allocation System, bear the cost and
potentially have a holding period of up to four (4) years for the permit.
Appraisal Company of Key West
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Summa~ Apfraisal R~ort Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL.
- T I U ~I~\r~ Ir . . L 'iHltffC['jjjlll I
Sales A and B consisted of approximately one acre home sites larger than the subject, as the
subject was evaluated based on the upland or developable area of 9,422 square feet. All other
sales were considered most similar to the subject in size with Sales D, E, F and G considered
most reflective of the subject's value.
In valuing the subject property, an active permit was assumed based on the beneficial use.
The sale prices for vacant residential water-influenced sites indicated a value range from $34.78
to $66.20 with the upper-end indicative of small sites with active permits. The lower-end is
reflective oflarger sites (one acre) with active permits. The sales indicated a mean at $43.36
and a median at $41.67.
Considering the oldest four sales, a value range between $37.20 and $44.33 was indicated.
These sales did not have permits but did have water views and access. After considering all of
the data, the following value was estimated for the subject site based on the buildable area of
11 ,841 square feet:
11,841 Square Feet,
$44.00 / square foot
$ 521,004
x
"AS IS" MARKET VALUE OF FEE SIMPLE INTEREST ASSUMING
BENEFICIAL USE BY SALES COMPARISON APPROACH (Rounded):$ 520.000
Additional support for the subject's value was considered with two acreage sites of 2.49 and
3.05 acres in Marathon selling for $395,000 and $400,000 respectively. Each of these sites
included waterfront, and each site was heavily vegetative with little or no scarified areas.
Prospective Market Value upon Completion of Residence
Previously, we indicated that the subject parcel is proposed for development with a new, single
family residence of excellent quality including high-quality finishings. The residence will
contain 3,200 square feet of living area and a total floor area of 3,800 square feet. The
proceeding valuation considers this proposed development on the site as requested by the client.
Analysis of recent sales of similar residential improved sites were considered:
Appraisal Company of Key West
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Summary Ap{raiSal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
S:t1e Nl. AdJress
1 Lki3 Biliia, Key U:ugo
2 473 Biliia, Key U:ugo
3 .:m Cmlixm, Key U:ugo
4 l<U;IbveR:m, Key U:ugo
5 4J4Girit:h3J, Key U:ugo
6 195~~KeyU:ugo
7 '0)& 'Ih:t1m, Key U:ugo
8 ro19At1anticA~ KL
9 ~Bi1ia, Key U:ugo
~. SJttooBq>>ty, Key U:ugo
Gm:nt llie:
RtmreofCcn}mtJ.le Saks
$RI'
S:t1eIlte S:lles1ke YearM CD\9" Tcta1SF S'S"CB\ Tcta1SF
0117/<>> $1,4)5,OCO 1m ~ 3,lro $4$.31 $tli15
Q5117/<>> $l,~OCO 2Xl2 2,&33 ~ $512.41 ~
(Jl/J]/<>> $~OCO nB ~ 4;m $.lR57 $2aS.81
0:nY<>> $l,325,OCO 1%7 2,5:16 3,744 $5Jl42 $3il
10'2S<>> $l,.'U\OCO 1m 4,:rn 5,5Xj ~63 $233.1
l1l21/ffi $1,2)5,OCO 19J) 3,r05 5,129 $3181 $252.
<W15'<>> $Ui\OCO J9)2 3,734 7,00 nn. 77 $1
01/17/<>> $l,1:QOCO 2Xl2 2,235 6,172 $51454 $laill
W17/ffi $l,l~OCO W 3,735 4;UiS n:622
NA NA N::w 3,n> 3,81) NA
11/01/<>> Average 3,364 $m19
M:rlian ~ $3181
Mnimnn 2,235 ~63
Mmrrum 4,:rn $512.41
All of the sales included single family residences with residential subdivisions in Key Largo.
The sales considered reflect similar quality finishings and characteristics of the subject based
on very preliminary specifications provided by the client. Due to the fact that detailed plans and
specifications were not provided, a value range was considered applicable in estimating a value
for the propose on-site improvements.
The comparable sales indicated a value per square foot of living area range between $288.63
and $522.41 with a mean at $409.19 and a median at $430.81. Based on the comparables, we
have considered a value towards the lower-end of the range applicable to the subject with
average of the sales utilized to set the upper-limit of value for the subject.
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
] . . . 111l'M. 111I IFm IIrpi'~"'TUrn illlI'llJ I III lJlIlIl mITT.. 1 1 -
Based on these values, the following value range is indicated for the Subject property
considering the construction of a single family residence:
3,200 square feet ofliving area
$ 1,120,000
x
$350.00
TO
3,200 square feet ofliving area
$420.00
$ 1,344,000
x
Based on market research and analysis, the following Prospective Market Value is considered
reasonable and supportive for the improved subject property:
Prospective Market Value based on Preliminary Written specifications
Upon Completion of Construction as of November, 2005 .... $ 1.120.000 to $1.340.000
THE INCOME APPROACH
The Income Approach to value presumes that no prudent buyer will pay more for the subject
property than the capitalized rental value attainable through ownership of the property. The
buyer will only be willing to pay the present value of what he considers those future benefits
to be. The traditional Direct Capitalization Method was not considered due to the vacant,
undeveloped nature of the site and the fact that similar parcels are not typically leased within
the local market area.
In the Prospective Market Value of the subject, the Income Approach was not applicable as this
is not the primary motivation in purchasing similar residential properties.
Appraisal Company of Key West
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Summary At:fraisal Report Par. c.el No.: 00090370-000000 & 00090400-000300, Key Largo, FL
III . I .~ H 111 ~l . . 1I1l~IU I r Tl JlllUUlfTlIn IIn
RECONCILIATION AND CONCLUSION
The following indications of Fee Simple property values have been developed in our analysis
of market data.
COST APPROACH:
SALES COMPARISON APPROACH:
"As Is" Market Value:
Prospective Market Value:
INCOME APPROACH:
Not Applicable
$ 520,000
$1,120,000 to $1,340,000
Not Applicable
The greatest weight is given to that approach in which the appraiser has the highest degree of
confidence. This implies a minimum of assumptions and a sufficient quantity of data. Based
on an analysis of the real estate market activity in the subject property's market area, and after
considering the reliability of the three value approaches, it is the appraisers' opinion that the
Market Value of the subject property is most accurately by the Sales Comparison Approach.
This approach was considered the only applicable approach due to the availability of sales. The
Cost and Income Approaches were not applicable due to the subject consisting of vacant,
undeveloped land. It is felt that the Sales Comparison Approach was the most reliable.
Based on analysis of market data, inspection, and research, it is our opinion that the "As Is"
Market Value of the Fee Simple Interest of the subject vacant site, Real estate parcels owned by
Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, assuming development of one
single family home through beneficial use allocation Policy 101.18.5 Monroe County
Comprehensive Plan, subject to definitions, assumptions and limiting conditions, as of November
1, 2004, is:
( $ 520,000 )
We have also analyzed market data and conducted research of improved sales in order to
provide an estimate of a Prospective Market Value upon completion of the proposed residential
structure on the subject site. Based on preliminary written specifications provided and research,
the Prospective Market Value of the Fee Simple Interest of the subject property, Real estate parcels
owned by Geneva Sutton, Part of Govemment Lot 1, Key Largo, FL 33070, upon completion
of proposed improvements, as of November, 2005, is from:
( $1,120,000 )
TO
( $ 1,340,000 )
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
I J _ lIIiIilRR1H IT 1 Jr. I - -
CERTIFICATE OF APPRAISAL
WE HEREBY CERTIFY THAT UPON APPLICATION FOR VALUATION BY:
Ms. Geneva Sutton
C/O Ms. Sandra Walters
SANDRA WALTERS CONSULTANTS, INC.
We have personally examined the following described property:
COMMONLY KNOWN AS:
Parcel Nos.: 00090370-0000000 and 00090400-000300
Beneficial Use Analysis of a 4.08 Acre Site
located at the southerly terminus of Lakeview Drive
Key Largo, FL 33070
Based on analysis of market data, inspection, and research, it is our opinion that the "As Is" '-,- f
Market Value of the Fee Simple Interest of the subject vacant site, Real estate parcels owned by
Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, assuming development of one
single family home through a beneficial use allocation via Policy 101.18.5 Monroe County
Comprehensive Plan, subject to definitions, assumptions and limiting conditions, as of November
3, 2004, is:
FIVE HUNDRED TWENTY THOUSAND DOLLARS
( $ 520,000 )
....-
We have also analyzed market data and conducted research of improved sales in order to
provide an estimate of a Prospective Market Value upon completion of the proposed residential
structure on the subject site. Based on preliminary written specifications provided and research,
the Prospective Market Value of the Fee Simple Interest of the subj ect property, Real estate parcels
owned by Geneva Sutton, Part of Government Lot 1, Key Largo, FL 33070, upon completion
of proposed improvements, as of November, 2005, is from:
ONE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS
( $ 1,120,000 )
~
TO
ONE MILLION THREE HUNDRED FORTY THOUSAND DOLLARS
( $ 1,340,000 )
WE ADDITIONALLY CERTIFY that, to the best of our knowledge and belief:
Appraisal Company of Key West
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Summa I ry Annraisal Report Parcel No.: 00090.370-000000 & 00090400-000300, Key Largo, FL
I _ == _ J ] ifIll!. T." ITTI >r r 'lr - . J . . _
o The statements of fact contained in this report are true and correct.
o The reported analyses, opinion, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, impartial, and unbiased
professional analyses, opinions and conclusions.
OWe have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
o Our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
o Our compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or a direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
o Our analyses, opinions, and conclusions were developed and this report has been prepared
in conformity with the Uniform Standards of Professional Appraisal Practice.
o James E. Wilson and Elaine Liz-Trujillo have made a personal inspection of the property
that is the subj ect of this report.
o No one has provided significant professional assistance to the persons signing this report.
o The use of this report is subject to the requirements of the State of Florida relating to
review by the Florida Real Estate Appraisal Board of the Department of Professional
Regulations, Division of Real Estate.
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, IG. ey.Largo, FL
.0. IT_Ill ~.l I... liJiillijUl!IIlmmlnilm r . . L I ..
o As of the date of this report, Elaine Liz-Trujillo has completed the requirements of the
continuing education program of the Appraisal Institute.
i::il:n~
State-Certified General Appraiser
License No. RZ 0002167
APPRAISAL COMPANY OF KEY WEST
~ SEAL
~ - ~
aine Liz-Trujillo, AI
State-Certified General Appraiser
License No. RZ 0001627
Appraisal Company of Key West
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Summa. ry Afpraisal ~.e ort Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
IlL Ulllllli]lllllllliilll 1 .....~I[f~.II1 TClfl! II r .
ASSUMPTIONS AND LIMITING CONDITIONS
APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal,
the appraisers inspected the subject site and both the exterior and interior ofthe improvements.
Information on comparable improved sales and rents was gathered, confirmed, and analyzed.
This is a complete appraisal, summary report which is intended to comply with the reporting
requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional
Appraisal Practice for a summary appraisal report. As such, it might not include full discussions
of the data, reasoning, and analyses that were used in the appraisal process to develop the
appraisers' opinion of value. Supporting documentation concerning the data, reasoning, and
analyses is retained in the appraiser's file. The information contained in this report is specific
to the needs of the client and for the intended use stated in this report. The appraisers are not
responsible for unauthorized use of this report.
This appraisal is the result of a complete appraisal process; therefore, no departures were
invoked. This summary appraisal report is a brief recapitulation of the appraiser's analyses and
conclusions. Supporting documentation is retained in the appraiser's file.
THIS VALUATION IS CONTINGENT UPON THE FOLLOWING CONDITIONS:
This appraisal is to be used in whole and not in part, in particular, no part of the contents of this
report shall be conveyed to the public through advertising, public relations, news, sales or other
media, without the written consent and approval of the author, particularly as to valuation
conclusions, the identity of the appraisers or fIrm with which they are connected.
The distribution of value between land and building applies only under the present program of
utilization and is invalidated if used in making a summation appraisal.
No responsibility is assumed by the Appraisers for matters, which are oflegal nature, nor is any
opinion on the title rendered herewith. Good title is assumed.
The property has been appraised as though free of liens and encumbrances, except as herein
described.
The management of the property is assumed to be competent and the ownership in responsible
hands.
Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
~i _ ... IlIIIlUI ITT fIT 1 ~ j J L rUII III: 11l11]I:B...nrmJit _
A site plan including vegetative map was made available for the subject property. According
to Sandra Walters Consultants, Inc., the subject's buildable area is concentrated at the
southwesterly comer of the site with an estimated 11,841 square feet. Parcel measurements
were taken from the Monroe County Property Appraiser's records, with upland buildable area
provided by Sandra Walters Consultants, Inc. Any deviations from these sizes would likely
result in a change in value. The site was personally inspected. Development of the subject site
was assumed via a beneficial use allocation process (Monroe County Comprehensive Plan
Policy 101.18.5). No responsibility is taken for the accuracy or questions concerning bound-
aries, encumbrances, or encroachments. Any maps or plats reproduced and included in this
report are intended only for the purpose of showing spatial relationships. They are not measured
surveys nor measured maps, and no responsibility for cartographic or surveying errors is
assumed. If and/or when a survey is made available and if any discrepancies are noted due to
easements and/or encroachments, we reserve the right to change the final indicated value herein.
The Appraisers herein are not required to give testimony in court unless arrangements have been
previously made thereof.
The Appraisers assume that there are no hidden or unapparent conditions of the property,
subsoil, or structures, which would render it more or less valuable. The Appraisers assume no
responsibility for such conditions, or for engineering which might be required to discover such
factors.
Information, estimates and opinions furnished to the appraisers, and contained in the report,
were obtained from sources considered reliable and believed to be true and correct. However,
no responsibility for accuracy of such items furnished to the Appraisers is assumed by the
Appraisers.
Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations
of the professional appraisal organizations with which the Appraisers are affiliated.
The Appraisers have no present or contemplated future interest in the property, and the
compensation is in no manner contingent upon the value reported.
Possession of this report does not carry with it the right of publication or advertisement of any
of its conclusions, nor may any except the applicant use the same for any purpose without the
previous written consent of the appraisers or the applicant.
Appraisal Company of Key West
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Summary AGj.raisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
urn .. 'TlliH f _ r .. U 1m r IiI'U 1 ! r [ 11m B liU
This appraisal report has been made in conformity with and is subject to the requirements of the
Code of Professional Ethics and Standards of Professional Conduct of the appraisal
organizations with which the Appraisers are affiliated.
The discovery of latent conditions is beyond the scope of this appraisal. Detection of latent
conditions requires the expertise of qualified persons such as architects and engineers. Latent
conditions include, among other things, non-apparent structural conditions; presence of
prohibited hazardous wastes; presence of radon gas, methane gas, asbestos, lead, petroleum
products and other air, soil, or water contaminants; and many other conditions too numerous to
mention which may affect the value of the property being appraised. The appraisers conducting
this appraisal are not qualified to detect latent conditions and have conducted this appraisal upon
the assumption that no latent conditions (including those mentioned above and others) exist on
the property covered by this appraisal.
ACCORDINGL Y NOTICE IS HEREBY GIVEN that neither the appraisers conducting this
appraisal, nor the APPRAISAL COMPANY OF KEY WEST make any warranty, express or
implied, to property covered by this appraisal, and neither shall have any liability to any person
for differences in the value of the appraised property, or other damages, resulting from
discovery oflatent conditions (including those mentioned above and others) on, or in proximity
to, the appraised lands.
This appraisal report is in conformity with the Uniform Standards of Professional Appraisal
Practices and this appraisal assignment was not based on a requested minimum valuation, a
specific valuation, or the approval of a loan.
We hereby certify that to the best of our knowledge and belief the statements offact contained
in this report, upon which the analyses, opinions and conclusions expressed herein are based,
are true and correct; also this report sets forth all the limiting conditions affecting the analyses,
opinions and conclusions contained in this report; also this report has been made in conformity
with the National Association of Master Appraisers and the Appraisal Institute.
Appraisal Company of Key West
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Summary Appraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
I
PROFESSIONAL OUALIFICATIONS
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JAMES E. WILSON, III
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James E. Wilson has been a resident of South Florida since 1976. His education
includes a Bachelor of Science in Business Administration with a Major in Economics
from the University of Florida, 1987-1991. His experience in the real estate industry
began in early 1992 as a residential real estate appraiser in Pompano Beach, Florida. He
appraised a wide variety of single and multi-family residential properties in Dade,
Broward, and Palm Beach counties over a two-year period. In the search of advancement and challenge, James Wilson
moved to the City of Key West, Monroe County, Florida in order to obtain experience and practice connnercial real
estate appraisal valuation techniques in a demanding and somewhat unique market area. Over the past 12 years James
has been exposed to a wide-range of appraisal projects, including highest and best use studies, complex property
appraisals, and wetland and environmentally sensitive valuations including transferrable development rights. His
appraisal experience includes fInancial and investment analysis, appraisal review, feasibility and planning analysis, as
well as market research and analysis. James Wilson has strived from a State Registered Real Estate Appraiser
(apprentice) to a State CertifIed Residential Real Estate Appraiser to a State CertifIed General Real Estate Appraiser
(licensed to perform residential and connnercial appraisals) and a General Associate Member of the Appraisal Institute.
He has passed the General Comprehensive Test of the Appraisal Institute and is completing the Demonstration Report, in
order to fulfIll the remaining requirements to become a Member of the Appraisal Institute (MAl).
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Education:
SOUTH BROW ARD HIGH SCHOOL, Hollywood, FL, 1987.
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UNIVERSITY OF FLORIDA, Gainesville, Florida - Bachelor of Science in Business
Administration - Major in Economics, 1987-1991.
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APPRAISAL INSTITUTE
Appraisal Reporting ofComplex Residential Properties, October, 1993.
Persuasive Style in Narrative Appraisal Reports, May, 1994.
ACE 1779 - "Special Purpose Properties - The Challenge of Real Estate Appraising in Limited
Markets", September, 1996.
410 Standards of Professional Practice, Part A (USP AP), 8/97.
420 Standards of Professional Practice, Part B, August, 1997.
520 Highest & Best Use and Market Analysis, October, 1997.
Non-Confonning Uses Seminar, January, 1998.
510 Advanced Income Capitalization, May, 1998.
530 Advanced Sales Comparison & Cost Approach, May, 1998.
540 Report Writing & Valuation Analysis, August, 1998.
550 Advanced Applications, February, 1999.
Regression Analysis in Appraisal Practice: Concepts & Applications, Seminar, March, 2000.
General Demonstration Appraisal Report Writing Seminar, March, 2000.
800 Separating Personal & Real Property from Intangible Business Assets, March, 2002.
Successful Completion of the General Comprehensive Examination for the Appraisal Institute
GOLD COAST SCHOOL OF REAL ESTATE
Successful CompI. of Real Estate Principles, Practices, and Law - FREe Course I, May, 1992.
Successful Completion of Salesman Post-License Program, February, 1994.
Successful CompI. of Mortgage Broker, Exam-Prep Program, September, 1992.
Successful CompI. of AB I - Appraisal Board - Fundamentals ofR.E. Appraising, 5/92.
Successful CompI. of AB 11- Appr. Board - Appraising Resid. & Income Properties, 2/94.
Successful CompI. of AB lIb - Appraisal Board - Cert. Resid. Appraisal Course, 7/94.
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Appraisal Company of Key West
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Summary AIf:aisal RetlJort p. arcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
11.. n~T"Trr Tl L IlFiriiiIIRlT"( m TT !II
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Professional Qualifications of James E. Wilson, III (Continued)
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GOLD COAST SCHOOL OF REAL ESTATE (Continued)
Successful Completion of AB III - Appraisal Board - Certified General Appraisal Course
(Income Capitalization Course), February, 1995.
Successful Comp1.ofUSPAP - Uniform Standards of Professional Appraisal Practice, 6/92.
Successful Completion of US PAP - U.S.PAP., September, 1995.
Successful Completion of A-I02 - Plan Reading for Appraisers, September, 1995.
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McKlSSOCK DATA SYSTEMS, Successful Completion of Automated Valuation Models,
October, 2000.
Successful Completion of Uniform Standards of Professional Appraisal Practice, 10/2000.
Successful Completion of Factory Built Housing, October, 2000.
Successful Completion of Appraiser Liability, September, 2002.
Successful Completion of Appraising Nonconforming & Difficult Properties, 09/2002.
Successful Completion of Appraiser Liability, Uniform Standards ofProfessional Appraisal
Practice, September, 2002.
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VALUE INFORMA nON TECHNOLOGY, INe., Successful Completion of "Perspectives on
Appraisals" FREAB Course ACE#1591, June, 1995.
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NORTH BROW ARD BOARD OF REALTORS, Successful Completion of ACE 591 - Basics of
Construction - How a Florida Home is Built II, January, 1994.
Certification:
State Certified General Real Estate Appraiser, as designated by the Department of Professional
Regulation, State of Florida; Registration No. RZ 0002164.
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Licensed Real Estate Salesperson, as designated by the Department of Professional Regulation,
State of Florida; License No. SL 0589552 (currently inactive).
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Professional
Associations:
Key West Board of Realtors
General Associate Member of the Appraisal Institute
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Affiliations:
Past President of the Key West Gator Club (Alumni Organization of the University of Florida)
Member of Class VIII, Leadership Momoe County
Board Member of the Rotary Club of Sunset Key West
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Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
. r _ I. J J II HnrlmrniTi Ii. nil II J ] I nl T _
Professional Oualifications of James E. Wilson. III (Continued)
Experience:
WILCO VALUATIONS, P.A. d/b/a APPRAISAL COMPANY OF KEY WEST,
James Wilson, President and his wife, Maria Virginia Wilson, also a State
Certified General Real Estate Appraiser purchased the Appraisal Company of Key
West from Mr. Richard Padron in April, 2004. Mr. Padron will continue to be a
Fee Commercial Real Estate Appraiser with the Appraisal Company of Key West,
which will ensure continuity and quality control.
APPRAISAL COMPANY OF KEY WEST, INe., Fee Commercial Real Estate
Appraiser, April, 1994 to April, 2004.
F.C.P. APPRAISAL SERVICES, INC., Senior Real Estate Appraiser and Trainer,
May, 1992 to April, 1994.
Appraised various types of properties in the Florida Keys, including:
Retail Stores
Restaurants
Strip Centers
Office Buildings
Mixed-Use Properties
Service Stations
Multi-family Projects
Proposed Developments
Single-family Estates
CommerciallResidential Condominiums
Full-Service Marinas/Boat Yards
Environmentally Sensitive Acreage
Industrial Uses
Guest Houses IHotelslMotels
Mobile Home and RV Parks
Warehouse (including mini-storage)
Special-Use Properties including
Schools
Seafood Processing Plants
Appraisal Company of Key West
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Summary Aqraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
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APPRAISER CERTIFICATION
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ACll f STATE OF FLORIDA
DEPARTMENT OF BUSIHBSS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD SEQtL0410270211l7
. : . - LICENSE RBR I
10/27/2004 1040391180 IRZ2164 I
The CERTIPIED GENERAL APPRAISER
Named be~ow IS CERTIPIED
under the provisioDs of Chapter.75 !'S.
ExpiratioD date: NOV 30, 2006
WILSON JAMES E
3229 PLAGLER AVE 4101
POBOX 2152
UY nST FL 33045-2152
JBB BUSH DIANE CARR
GOVERNOR n,QC, AV A(> A'AI SECRETARY
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Appraisal Company of Key West
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Summary Appraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
._ n. 1I1rllr- 111 1 r II ~1iHUll _I _ _
Professional Qualifications
of
Elaine Liz-Trujillo, MAl
Elaine Liz-Trujillo is a native of the Florida Keys. Her experience in the real estate industry began in the early
1980's as an appraisal and real estate apprentice under Richard Padron. Her education includes a Bachelor's
degree in Finance from Stetson University with a concentration in real estate. Over the past 10 years, She has
worked in affiliation with Richard Padron, who has more than 28-years of diverse real estate experience in
the Florida Keys. Alongside of Richard, Elaine has been exposed to a wide-range of appraisal projects,
including highest and best use studies, complex property appraisals, and wetland and environmentally sensitive
valuations including transferrable development rights. Her appraisal experience includes financial and
investment analysis, expert witness testimony, appraisal review, feasibility and planning analysis, as well as
market research and analysis.
Since the late 1980's, Elaine has attended and successfully completed real estate appraisal courses offered by
the Appraisal Institute, and has also submitted her appraisal reports for formal committee review. In 1996,
she completed all of the SRP A requirements including successful completion of the Demonstration Report
and Comprehensive Examination. In 1997, Elaine was awarded the MAl designation.
Education:
STETSON UNIVERSITY, DeLand, Florida - Bachelor of Business Administration in
Finance, 1988.
KEY WEST IDGH SCHOOL, Key West, FL - Valedictorian, 1984.
Certification:
State-Certified General Real Estate Appraiser, License No. 0001627, (1992).
(Continuing Education Up to Date).
Licensed Real Estate Salesperson, State of Florida.
Professional
Associations:
MAl, Member of the Appraisal Institute, Designation #11,252.
BCBA, Board Certified Business Appraiser, Real Estate Law Institute,
Certification No. 00087.
Key West Board of Realtors
Experience:
Appraisal Company of Key West, Inc. (1988 to Present).
Appraised various types of properties in the Florida Keys, including:
Retail Stores CommerciaVResidential Condominiums
Restaurants Marinas/Seafood Packing PlantslBoat Yards
Strip Centers Churches
Office Buildings Industrial Uses
Mixed-Use Properties Guest Houses IHotels/Motels
Service Stations Mobile Home and RV Parks
Multi-family Projects Warehouse (including mini-storage)
Proposed Developments Environmentally Sensitive Acreage
Single-family Estates Special-Use Properties including Schools, Churches & Theatres
Appraisal Company of Key West
Page 28
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Summary A~raisal RqJOrt Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
111 I nm.Jr.lmmim1lii~"'1~11 IlUJ ~I 1 T .iiiill'liIiT"ln J . r
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Notable Properties
Appraised:
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Professional Qualifications
of
Elaine Liz-Trujillo, MAl (Continued)
Little Palm Island
Marathon Plaza
Looe Key Resort & Motel
Tavernier Towne II
Clinton Square Market
San Carlos Institute
Best Western Hibiscus Motel
Banana Bay Key West
Flipper's Sea School
Decommissioned Steam Plant
First Key West Marina
Oceanside Marina
Munro Marina
V-Store It
Stock 'EM and Lock'EM
America Outdoors Resort
Calussa Camp Resort
Gamefish Resort
Strunk Lumber Yard
Shell Station
Rodriguez Banner Tire
Garrison Bight Marina
Key West Boat Works, Inc.
Tea Table Key
Jerry Herman's Estate
Southernmost Point House
Casa Altamira
Truman Annex Estate Homes
Wahoo Island
Truman School
Little Conch Harbor
Sub-Pitts
V. S. Navy Properties
Spottswood Island
Islander Drive-In Theater
Berenson's Greyhound Dog Track
Coral Isle Trailer Park
Duval Square Project
Curry Mansion Inn
Curry House
Blue Parrot Inn
La Pensione
Santa Maria Motel
Key Cove Project
Little Torch Key, FL
Marathon, FL
Ramrod Key, FL
Tavernier, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Stock Island, Fl
Stock Island, FL
Stock Island, FL
Stock Island, FL
Stock Island, FL
Key Largo, FL
Key Largo, FL
Islamorada, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Marathon, FL
Tea Table, FL
Sugarloaf Key, FL
Key West, FL
Key West, FL
Key West, FL
Summerland Key, FL
Key West, FL
Key West, FL
Boca Chica Key, FL
Key West, FL
Coupon Key, FL
Stock Island, FL
Stock Island, FL
Stock Island, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
Key West, FL
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Appraisal Company of Key West
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Summary Afpraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
STATE MAP
,
Appraisal Company of Key West
Page 30
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Summary AIfraisal Report
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Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
FLORIDA KEYS MAP
Key Largo MH 99-106
Tavarnler MIl 91-92
.x,
i P~ntatlon Key MM 66-90
~WlndleY Key MIl64
Ial.a.morada
o pper Mat.ecumbe Key M.M80
. Lower Matecumbe Key MH74
F1.e15ts. Key KK70
~ Layton
2J:icng Key M1l66-69
fi~g~hK~;ye Ml161
. -':'~'l:SlP.; Key IlI4S7-60
e.rathon ~res
.Key Colol'\Y Beach 11M54
Vaca Key
Marat.hon MHSO
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115 Copp1t.t MIl 10
Boea Chic&. 11M 7-8
Stoc:]c Is1&nd HM S
Key Weat MM 0-4
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Appraisal Company of Key West
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Summary Af1raisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
PLA T MAP
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Appraisal Company of Key West
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Summary Aprraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
,
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ZONING MAP
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............................-
--........--.........,
................,'
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Pursuant to Ordinance 039-1987 and Rule 9J-15.006' F.A.C..
the Monroe County Land Use District Map is amended as of
June 27th,19BB and indicated above and briefly dHeribed as:
Add boundaries to new 5S district as .shown and dele
oundary to the Northwest of parcel. Designate
S" A as 0
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Uate
Amendment # 247
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Appraisal Company of Key West
Page 33
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Appraisal Company of Key West
Page 34
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Summary Afrraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
View aIODl! Dedicated Road lookine: Southerlv with Subiect in Left Back2round
View toward Subiect alone: Dedicated Road lookine Southeasterlv
Appraisal Company of Key West
Page 35
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a-
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Summary Apfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
Street Scene lookint! Southwesterly along: Dedicated Road
Street Scene looking: Easterlv at Adiacent Develooment to Subiect Subdivision
Appraisal Company of Key West
Page 36
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Summary Affraisal Report Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
SUBJECT PROPERTY PHOTOGRAPHS
Street Scene lookine: Northerlv alone: LakeView Drive from Gated Entrv into Subiect Dedicated Roadl
Appraisal Company of Key West
Page 37
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Summary A. rrraisal Rf.ort Parcel No.: 00090370-000000 & 00090400-000300, K~ Largo, FL
T JlillllliJ]II<~]Rln Wnrrnlliill-j I 1 r _'W1J'I~rll n mf f' 1 .
PROPOSED RESIDENTIAL CONSTRUCTION
Appraisal Company of Key West
Page 38
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Summary AIfraisal Report
Parcel No.: 00090370-000000 & 00090400-000300, Key Largo, FL
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~~ NO. :954-91&-9311
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November 3. 2004
To. SaadrI WallCll
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F.om: Paul Suuoa
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Pet ,our request below is a brief ctcscriptioD of the type 01 hou.sc that would be buIlt on
my modla's JlI'OPCflY in Key Largo, Florida.
'De s.o.e WlMIId h of CBS ce..I1IIdioa,..iII.,3........ HI e&eeelI.. eM l~'
-.J.t...met.... 'he li~iIle .,.ee..... lie ntH top '".... ... tk bottnI
ae... w.... be r.r ,.rldac ... I_Hed atonp.... n. IMielootprmt .._if lie
.. doH to 1M 21180 ~"'e .........., '*' Nt" e.- tltis ratricciu.
n. 'zet' level "'ChIld ceMi .f a ce..lHled IUtcIIea ( e..el1Jlia.... / ".ily nao..
Tw. rooa will &lire .dY...... ttfllle.... YiewI,......... FreIIdllloon tII.tlalcl
hl . "'Ie..)". Tilt KtIeIIen wiII."- CIIttHI ..... _w..e. ......... ....
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Appraisal Company of Key West
Page 39
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SummaT' A~praisal ReEort
Parcel No.: 00090370 000000 & 0l\ntt0400 000300 v L
r If] (ftfz ' fiey argo, FL
Nov-04-04 og-29A Ap i
N~V ua U4 uti:abP pra sal to./Padron Asso 3052960493
P.03
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FAX t(). : '354-916-9311
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ntl't willie................... wldIa ....11...........
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Appraisal Company of Key West
Page 40
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/06 - KL
Bulk Item: Yes No ~
** 3:00 P.M. PUBLIC HEARING **
Division: County Attorney's Office
Staff Contact Person: Bob Shillinger/Jeny Sanders
AGENDA ITEM WORDING:
A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the
County and the public in and to a portion of East First Street, being part of Mandalay Subdivision
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, of the Public
Records of Monroe County, Florida (Key Largo) and approval of the correlating Reverter Agreement,
Public Access Easement, and Maintenance Agreement to be attached and made part of the Resolution
ITEM BACKGROUND:
Petition was received 5/25/05. The Petition has been reviewed and conditionally approved by Planning
(9/19/06), Engineering (4/6/06) and the Fire Marshall (5/15/06) and the Petitioner provided written
compliance with the conditions. An executed Public Access Easement ensures public access to potential
affected property owners and the general public and, along with the site plan developed in coordination
with Staff, addresses public safety issues. An executed Maintenance Agreement provides for
improvements and maintenance to a portion of East Second Avenue, Key Largo_ An executed Reverter
Agreement provides for return of the abandoned portion of right -of-way to the County if the project is
ultimately not approved by the County or if the Petitioner does not undertake development within two
(2) years from the date of the approved road abandonment.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 516-2006 setting Public Hearing for 11/15/06 at 3:00 P.M. in Key Largo, FL
CONTRACTIAGREEMENTCBANGES:N~
STAFF RECOMMENDATIONS:
Adoption of Resolution and approval of Public Access Easement, Maintenance Agreement and
Reverter Agreement to be attached and made a part of the Resolution.
TOTAL COST: Petitioner Pays
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONm_ Year
APPROVED BY: County AttyL"16 5 OMB
DMSION DIRECTOR APPROVAL:
DOCUMENTA nON:
Included
Not Required_
DIsPOsmON:
AGENDA ITEM #
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO.
- 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF EAST
FIRST STREET, BEING PART OF MANDALAY SUBDIVISION
LOCATED IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FLORIDA, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA (KEY LARGO) AND APPROVAL OF
THE CORRELATING REVERTER AGREEMENT, PUBLIC ACCESS
EASEMENT AND MAINTENANCE AGREEMENT.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways, and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties
present wishing to speak on the matter, and all premises considered concerning the renouncing
and disclaiming of any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Petitioner provided an executed Reverter Agreement for return of the
abandoned portion of road if the Mandalay Property is not approved for development and if the
Petitioner does not undertake development within 2 years from the date ofthis Resolution (which
time will be extended for a reasonable period provided the Petitioner is substantially moving
forward with development), said Reverter Agreement being attached hereto as EXHIBIT I, and
made a part of this Resolution; and
WHEREAS, the Petitioner provided an executed Public Access Easement to Monroe
County to ensure that after the abandonment, property owners in the Mandalay subdivision, and
their guests and invitees and the public, will have ingress and egress across that portion of East
Second Right-of-way described in Exhibit "A" to the Easement, said Public Access Easement
being attached hereto as EXHIBIT n, and made a part of this Resolution; and
WHEREAS, the Petitioner provided an executed Maintenance Agreement to improve and
maintain that portion of East Second Avenue shown on Exhibit B of the Agreement; said
Maintenance Agreement being attached hereto as EXHIBIT III, and made a part of this
Resolution; and
WHEREAS, the Board has determined that vacation of the said road is for the general
public welfare, and conforms to the requirement of Florida Statutes Secs_ 336_09 and 336.10;
now, therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby
1. Renounces and disclaims any right of the County and the public in and to the
following described streets, alley-ways, roads or highways as delineated on the hereinafter
described map or plat, to-wit:
All that part of East First Street Right-of-way, per the subdivision plat of
Mandalay located in Section 6, Township 62 South, Range 39 East,
Monroe County, Florida, being more particularly described asfollows:
BEGINNING at the intersection of the easterlymost corner of Lot 30,
Block 2, and the northwesterly right-of-way line of East First Street per
said subdivision plat of Mandalay; thence S. 45000'00" E. for 50.00 feet to
the southeasterly right-of-way line of said East First Street;
thence along said southeasterly right-of-way line S.45000'00"w. for
175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the
arc of a tangential circular curve concave to the east, having a radius of
25.00 feet, through a central angle of90000'00" and being subtended by a
chord which bears S.OOoOO'OO" E. for 35.56 feet to the northeasterly right-
of-way line of Second Avenue per said subdivision plat of Mandalay;
thence along said northeasterly right-of-way line of said Second Avenue,
N45000'00"w. for 100.00 feet to the northwesterly right-of-way line of
said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a
non-tangential circular curve concave to the north having a radius of
25.00 feet, through a central angle of 90000'00" and being subtended by a
chord which bears S.90000'00"E. for 35.36 feet; thence continue along
said right-of-way line N45000'00"East for 175.00 feet to the Point of
Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being
N 45 000'00 "E.
Subject to easements, restrictions and reservations of record ;
Containing 10268 squarefeet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc.
(See Attached Exhibit A)
2. Accepts and approves the Reverter Agreement (attached as EXHIBIT I). the
Public Access Easement (attached as EXHIBIT II), and the Maintenance Agreement (attached as
EXHIBIT III) and made a part of this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 15th day of November, 2006.
Mayor McCoy
Mayor Pro Tern Spehar
Commissioner Neugent
Commissioner Murphy
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(KMP:RAP: EAST FIRST ST, KL MANDAlA Y SUB II, IS..06)
.. 1:.1=. Gaines Surveying Services, Inc.
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. DESCRIPTION..
. of a portion of East First Street .Right-of- Way,
beirig part of Manda Jay Subdivision located in .
. Section 6. TownShip 62 South. Range 39 East, Monroe County, Florida
.. AUthat part of East First street Right-of-way, per the subdivision plat of,Maodalay
. located in Section 6..ToWnsbip 62 SoUth, Range 39 East; Monroe County, Florida; bemg
... ~: u u -.--.more-particularly-deseribed-as.fenows:--.:~--;.--- -.~-.. .. -...-... ___..u -_ __n___ n_.__.____~-_-_._-._.-___--~.
. . .
. .BEGlNNmG at th~.iIiteisection of the easterlymost cOmer of LOt 30, Block 2, and the
. .. northwesterly right-of-Way line of East First Street per said subdivision plat ofMandalay~
thenceS.4S.0~'OO"E. forSO.OO feet to. the southeasterly right-of-way line of said East. .
First Street; .. . .
. . :thence along said southeasterly rigbt-Qf-way line S.4S"OO'OO"W. for 175.00 feet;
theIl,ce continue along said right-of.:.way line southerly 39.37feet along.the arc ofa .
tangential circular curve concave to the east~ having a radius .of2S.00 feet, .through a
central angle of90.00'00" :and being subtended by a chord which bears S.OO.OO'OO"E.
. fur 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay; .. .
thence along said northeasterly right-of-way line of said Second Avenue; N.4S"OO'OO"W.
. for 100.00 feet to the northwest~ly right-of-way line of said East First Street~
. thence along said right~f..way line easterly 39.37 feet along the arc of a non-tangential .
. :. circul~ curve concave to the north, having,a radiUs <;>f25.00 feet, through a central angle
. of90eOO'Q{)" and hemg subtended by ,a chord which bears S,90.0Q'OO"E.. for 35.36 feet;.
.thence contm\1.e along said right-of-way Ime.N.45.00'OO"Ewitfor 175:00 feet to the Point ..
of Beginning of the Parcel herein described~. . .
. . . . .
. .
. .
. . . .
. .
B~gs are based .on the cepterHne of East Frrst Street being N.4S.00'OO.iE..
_ : Subject to easements~ restrictions and reservations of record; . .
Containing 10268 square feet, more or less;.
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.. Prepared byE.F.Qaines Surveying Services, me,
. j-0rfi~(-
....Date. .
..,
...: . Nqt valid ~n1~~$ signe.d _~d .em,bossed With tb~8~ o(~enam~'~~or. .
.: ...'."::~',:~~;ol;~~-i.~02i~:d~g'...:}:'::::.-,...:. ., .:.u:.', ....' ... ..: .:'.: ,:q.
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.: . ..1342Cclon~iBo~fev~d, Suite E-348, Fort My~rsf 'FI~rid~33907 .
. .... ..Pho.n.e: 239.,J1.1.&-O 12~ ~. Fax: 239-41 B-O 127... ill WWW.EFGaines.com.
EXHIBIT
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Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio)
Number(s):
Alternate Key No.
Space Above This Line for Processing Data
Space Above nus Line for
Recording
REVERTER AGREEMENT
THIS Agreement is made this day of October 2006, by and between
Ocean Sunrise Associates, LLC, a Florida limited liability company (hereinafter "OSA"),
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, and
Monroe County, by its Board of County Commissioners (hereinafter "County").
WHEREAS, the OSA has petitioned COUNTY to abandon those portions of East
First Street and East Second Street as set forth in Exhibit A attached hereto; and
WHEREAS, the COUNTY is willing to abandon those portions of East First Street
and East Second Street Right-of-way being part of Mandalay subdivision located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, more particularly
described on Exhibit A; and
WHEREAS, as a condition of that abandonment County has requested OSA agree
to this reverter agreement to ensure that after the abandonment, if the Mandalay Property
is not approved for development and OSA (its successors or assigns) does not undertake
development within 2 years from the date of this agreement (which time will be extended
EXHIBIT
IX
for a reasonable period provided OSA is ~ubstantially moving forward with development),
then the property which has been abandoned (Exhibit A) will revert back to and be
transferred back to ownership by Monroe County.
NOW, THEREFORE, for and in consideration of Monroe County's abandonment
of the property herein and OSA's agreement to either develop the property set forth in
Exhibit B or have the property revert back to ownership by Monroe County, the Parties
agree as follows:
1. Monroe County Board of County Commissioners ("County") agrees to
abandon that property set forth on Exhibit A and transfer ownership of this
property to Ocean Sunrise Associates, LLC ("OSA"), a Florida Limited
Liability Company.
2. OSA agrees that they will grant all easements and obtain all consents
necessary from all utilities in a timely manner as required for completion of
the project and as may reasonably be required by Monroe County.
3. Ocean Sunrise Associates, LLC agrees that they will timely move forward
with plans to develop that property set forth herein as Exhibit B (as the
same may be modified from time to time, a portion of which encompasses
the property abandoned by County, that is, those portions of East 1 st Street
and East 2nd Street.
4. County and OSA agree that if OSA has not substantially moved forward
with development of the Mandalay Project within two (2) years from the
date the Board of County Commissioners approves the request for
abandonment that the property (Exhibit A) abandoned and transferred to
OSA will revert and be transferred back to County.
DATED this
, day of October 2006
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
OCEAN SUNRISE ASSOCIATES, LLC
:~~~~~
Title (). P,
E COUNTY AlTOR EY
OVEDAS F :
By
Printed Name
Title
. IE.F. Gaines Surveying Services, Inc.
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. DESCRIPTION..
. of a portion of East First Street Right-of- Way,
beirig part of Manda lay Subdivision located in . .
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
. "
. AUthat part of East First street Riglit-of~way, per the subdivision plat of Manda lay
. .1ocated in. Section 6,T~wnship 62 SoUth, Range 39 Ea~ Monroe County, Florida; being. . .
.. .. --"mor~-pa.rtlcular.fy-desCl'1bed-as-follows;--'---'---- -.-- - .,.. -''-'' -'.'" -- _____________.___._.__,.._h___ n.~...
. . BEGINNING at the"ititersection of the easterlymost cOmer ofLat 30, Block 2, and the
." northwesterly rightoo()f~WaY line of East First Street per said subdivision plat of Manda lay;
thenceS.4S.00'OO"E. for 50.00 feet to the southeasterly right-of-way line of said East .
. First Street;' . ........ '. .'
. . :them::e along said southeasterly right-of-way line S.4S.00'00"W. for 175.00 feet~
thellce continue along said right-of~wa'y line southerly 39.37 feet along the arc ofa .
tangential circular curve concave to the ~ having a radius -of25.00 feet, through a
central angle of90.00'00" .and being subtended by a chord which bears S.OO.OQ'.oO"E.
. for 3?S6 feet to the northeasterly right-of-way line of Second Avenue per said
. subdivision plat ofMandalay; '.
... thence along said northeasterly right-of-way lin/;: of said Second Avenue, N.45"OO'OO"W.
. for 100.00 feet to the northwesterly right-of-way lhleofsaid Eait: First Street;
. thence along said right~f-way line easttrly 3937 feet along the arc of a non-tangential.
: circular curve concave to the north, having.a radiUs <;>f25.00 feet, through a central angle
of90eoo'OO" and being subtended by.a chord which bears 8.90"OO'OO"E.. for 35.36 feet;.
thence contmlle along said right-of-way litieN.45.00'00"East for 175;00 feet to the Point.
of Beginning of the Parcel herein described;. .
B~ings are based-on the centeriine of East First Street being N_'45.00'OO"E..
· Subject to easements. restrictions and res.ervations of record; .
Containing 10268 square feet, more or less;.
'. Prepared byE.F.Gaines Surveying Services, Inc.
. j-0r;/6s'-
..Date'
......
,-.", ~'.. .: .\..... . .....:..:.:,'
..:...,~~~; O;69-110~.oO~.dwg .
. -
'. 1342ColoniaiBoulevard,' Suite E-348, Fort Miers, 'Florlda33907
126 $ Fax: 239-41tHH.?7'. www.EFGa.ines.com
I
EXHIBIT
A
1
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. E.F. Gaines Surveying Services, 'nc.
DESCRIPTION
. of'a portion of East Second Street Right-of-Way, .
. '. being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
. .
. . .
AU that ptirtofEastSecond Street Right-of..way,per the subdivision plat of Manda lay
located in. Section 6, Township 62 South, Range 39 East, Monroe County; Florida, being'
._-:.-._:--more.partirolar-ly.described-as-fellewS7- -- ....u._.....:. '. m.______.u.__ _. ..-'--_' _._.__u___,.: .
BEGINNiNG atthe intersection of the northerlymostcomer of Lot 2, Brock 4, and the
soutlieasterly rtght-of-way line of East Second. Street per said sUbdivision' plat of
Mandalay; - . . ..' ....
thence illong said southeasterly right-of-way line S.4S.00'OO"W. for 100.80feet;
.'. thence continue along said right~f-way line southerly 39.37 feet 8long the arc ora
tangential circular curve concave to the east, having a radius of 2, ~OO feet, through a
. central angIe of90~OO'OO",and beingsubtendoo by a chord which bears S.OO.OQ'OO"E..
. : for 35.S6 feet to the northeasterly right-of-way line of Second Avenue per said.
'. . .suhdivision plat ofMandalay; . .... '. .
. . thence along said northeasterly right.:.of-way line of said Second Avenue, N.4500Q'OO"W.
. for 100_00 feet to the northwesterly right-of-wayJine of said :East SeCond Str~t; . .
. . thence a1cmg said right-of-way line easterly 39.37 feet alorig the arc.ofa non-tangential
. . circular curve coD.caveto.the no~ having a radius of2S.00.feet. through a central. angle'
-: of90.00'OO" and bemg subtended by a chord which bears S.90000'OO''E. fqr 3S.36 feet;
. thence continue along said right~f-way line NAS"OO'OO;'EastforlOO. 79 feet to the Point
. -, of Beginning of the ParCel herein described;' ..
. .
'. Bearings are baSed on the centerline of East Second Street 'beillg NAS"OO'OQ"E.
. Subjecitoeaseinents,restrictionS and reservations of record; .
ContiUning65$6 .square feet; more or less; . . .
..
Prepared by E.F"Gaines Surveying Services, Inc.
F. Gaities~'PSM Florida License'No. 4576
~L ~(__
//2?,' OJ.. .
.... Date
. -. .
. N?tvalid.unl~SsigDedan~;~Inpp~~Mt~:~~..~~.:t>f,~~'~~.~~~9r.:'\'.:'..:
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.. Phone:239418:-O 126 e Fax: 239-4.18-0 127' e www.EFGaines.com . .
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Mandalay Harbor Resort
Is/amorada, FL
RfltSQ6: aIIQNM.:_
C!'.".J!N:;!IIE.I;AINO.IttaJL"'TCRY~'COH5'tJII.JCTlON~tNr
l""c..IIIO,pfI;_.r,..w""
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'l!1.:\'9OQat':Y-144(Jfl<<:~a''Xl;,J4<I
SITE PLAN
Pe:REZ ENGINEERING
& OEVELOJ'MeNT. [MC
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:tI:!0C7l!_rf"tt.~,,'_.Ao;W),.nnll' I~
T~~'1n~~
Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio) Number(s):
Alternate Key No.
Space Above This Line for Processing Data
Space Above This Line for Recording
PUBLIC ACCESS EASEMENT
THIS EASEMENT, made this . day of _ 2006, by and
between Ocean Sunrise Associates, LLC, a Florida limited liability company, Grantor,
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, to
Monroe County, Grantee.
WITNESSETH:
WHEREAS, the Grantor has petitioned Grantee to abandon that portion of East
Second Street as set forth in Exhibit "A" attached hereto; and
WHEREAS, the Grantee is willing to allow Grantor to abandon a portion of East
Second Street Right-of-way being part of Mandalay subdivision located in Section 6,
Township 62 South, Range 39 East, Monroe County, Florida, more particularly described
on Exhibit "A"; and
WHEREAS, as a condition of that abandonment Grantee has requested Grantor
agree to this public access easement to ensure that after the abandonment, property
owners in the Mandalay subdivision, and their guests and invitees, will have ingress and
egress across that portion of East Second Street Right-of-way described in Exhibit "A"
that is abandoned by Grantee;
NOW, THEREFORE, for and in consideration of the accessibility herein made
available to Grantee, the Grantor does grant to Grantee on behalf of property owners in
the Mandalay subdivision, their successors and their guests and invitees, a perpetual
easement on and over that portion . of East Second Street, which is descriQed in
Exhibit "A" and attached hereto for the purpose of ingress and egress only.
EXHIBIT
]I:
- 1 -
I
IN WITNESS WHEREOF, Grantor has executed this easement, on the day and
year first stated above.
GRANTOR:
OCEAN SUNRISE ASSOCIATES, LLC,
A Florida limited liability company
By:
Printed a
Managing
~'
e:~~v C ~_l (0
ember
STATE OF FLORIDA )
COUNTY OF )
Q +<'J;e foregoing instrument 71~dge before me this :<.m day of
_ C (J ~ 2006, by -I2a...u rl.. _____, as Managing Member
of Ocean Sunrise Associates, LLC, Florida limited liability company, who is () personally
known to me or M who provided 1i....iv..tV'~ li.cfn~identification and who did take an
oath.
.,..:~ YIVII\N
.t~ ~, NalllyPublc....ofFlllll*
i iu
\' . r' CoIIWlIilllloft EIlpieaAug 31,IIlII
a:a,.IY~"'.e
-'{)UwvVl ~
Notary Signat~e and Seal
- -
· G! YlVWfSANTOS
." ~ NaIIIy PuIllIc . SIlItt of FIoIIdI
. i' '''''CommIsslonExplreeAug31,2008
'''1- {fI Commission. 00467992
~ ~P.r.r.~"," Bondeo ily National Notary AIIII. ~
ACCEPTED BY:
GRANTEE :
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE
CLERK OF THE COURT
BY:
Deputy Clerk
BY:
,Mayor/Chairperson
-2-
DESCRIPTION:
A PORTION OF BLOCK 3 AND EAST SECOND STREET, MANDALA Y, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1 PAGE 194, BEING IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39
EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF EAST FIRST STREET AND SECOND A VENUE, ACCORDING TO
SAID PLAT OF MANDALA Y; THENCE ALONG THE CENTERLINE OF SECOND AVENUE SOUTH 44'37'16"
EAST, A DISTANCE OF 242,03 FEET; THENCE DEPARTING SAID CENTERLINE NORTH 45'22'44" EAST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, ALSO BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF SECOND AVENUE; THENCE SOUTH 44'37'16" EAST ALONG
SAID NORTHEASTERLY RIGHT-OF - WA Y LINE AND EXTENSION THEREOF, A 01 STANCE OF 98.15 FEET TO
A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
50.29 FEET, A CENTRAL ANGLE OF 42'24'49" AND A CHORD DISTANCE OF 36.38 FEET WHICH BEARS
NORTH 13'49'03" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 37.23
FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 91.12 FEET, A CENTRAL ANGLE OF 22'20'51" AND A CHORD DISTANCE OF 35.32 FEET WHICH
BEARS NORTH 06'53'42" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
35.54 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 24-46 FEET, A CENTRAL ANGLE OF 60'02'19" AND A CHORD DISTANCE OF
24-48 FEET WHICH BEARS NORTH 31'18'18" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 25.63 FEET; THENCE NORTH 64'10'43" EAST, A DISTANCE OF 35.68 FEET;
THENCE NORTH 72'15'39" EAST, A DISTANCE OF 20.56 FEET; THENCE NORTH 44'37'45" WEST, A
DISTANCE OF 33.25 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 8.73 FEET, A CENTRAL ANGLE OF 54'28'53" AND A CHORD
DISTANCE OF 7.99 FEET WHICH BEARS SOUTH 27'39'51" WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 8.30 FEET; THENCE SOUTH 63'40'53" WEST, A DISTANCE OF
16.18 FEET; THENCE SOUTH 68'04'17" WEST, A DISTANCE OF 29.28 FEET; THENCE SOUTH 11'13'06"
WEST, A DISTANCE OF 3.30 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 50.37 FEET, A CENTRAL ANGLE OF 25'00'06" AND A CHORD
DISTANCE OF 21.81 FEET WHICH BEARS SOUTH 41'24'43" WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 21.98 FEET TO A POINT OF CURVATURE OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 21.70 FEET, A CENTRAL ANGLE OF 62'19'22"
AND A CHORD DISTANCE OF 22.45 FEET WHICH BEARS SOUTH 52'47'41" WEST; THENCE
SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE A DISTANCE OF 23.60 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52.57 FEET, A
CENTRAL ANGLE OF 41'20'05" AND A CHORD DISTANCE OF 37,11 FEET WHICH BEARS SOUTH
76'40'48" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 37,93 FEET TO
THE POINT OF BEGINNING_
CONTAINING 0.13 ACRES (5,474 SQUARE FEET), MORE OR LESS
In accordance with CH-61 G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY.
SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE CENlERUNE
OF SECOND AVENUE BEING S 44'37'16" E, PER PLAT.
DATE: 10/16/2006
SCALE:~ .DRAWN BY: GHF
APPROVED BY: DMD
JOB NO, ASM52588 MANDALA Y
(SOD).dwg
REVISED:
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, REST,"IGTJQ.N~;)F RECORD WHICH
MAY AFFECT i1iE TITLE OR tfS( OF THE LAND
2. NO UND[fu."ROUND IMPRe\.iUEN'TS HAVE BEEN
LOCATEn EXCEPT AS Sf-/(.i\'IN,. .
3_ NOT VAUli WillioVT n!E SIGNA 1lJRE i\1Il1) Tt<'.: ORIGINAL
RAISEr. SEAL OF A FLORIOAUCEl.ISED SiJRVEYOR
AND MAPPER. .
SKETCH OF DESCRIPTION
OF
PORnON OF
MANDALAY
MONROE COUNTY, FLORIDA SECTION 6-62-39
EXHIBIT
I A
RICAN SURVEYING & MAPPING
CA lE OF AUlHORIZA TlON NUMBER LB16393
1030 N. ORLANDO AVENUE SUllE B
W1NlER PARK. FLORIDA
32769 (407) 426 7979
f2;1I1l~
DAVID M. l)eFlUPPO PSl.>I #5038
DATE: OC-t '20,Zpo-(g-:-
SKETCH OF DESORIPTION:
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CURVE TABLE
CURVE RADIUS CENTRAL ANGLE CHORD CHORD BEARING LENGTH
C1 50.29 42'24'49" 36.38 N13'49'03"E 37_23
C2 91.12 22'20'51" 35.32 N06'53' 42"W 35.54
C3 24.46 60'02'19" 24.48 N31'18'18"E 25.63
C4 8.73 54'28'53" 7.99 S27"39'51"W 8.30
C5 50.37 25'00'06" 21.81 S41'24'43"W 21.98
C6 21.70 62'19'22" 22.45 S52'47'41"W 23.60
C7 52.57 41'20'05" 37_11 576'40' 48"W 37.93
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LINE
L1
L2
L3
L4
L5
L6
L7
POINT Of
,cOMMENCEMENT
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LINE TABLE
BEARING
S44'37'16"E
N64'1 0' 43"E
N72'15' 39"E
N44'37' 45"W
S63'40'53"W
S68'04'17"W
S11'13'06"W
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GRAPHIC SCALE
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LENGTH
98.15
35.68
20.56
33.25
16.18
29.28
3.30
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SHEET 2 OF .2
SEE SHEET 1 OF 2 FOR DESCRIPTION
DATE: 10/18/2006 REVISED:
SCALE: '"=50' DRAWN BY: GHF
APPROVED BY: DMD
I JOB NO. ASM52588 MANDALAY
100 (SOD),dwg
I AMERICAN SURVEYING & MAPPING I
CERTlFlCA TE OF AUlHORIZA TlON NUMBER LB#6393
1030 N. ORLANDO AVENUE SUITE B
WINTER PARK, flORIDA
32789 (407) 426-7979
Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (F olio)
Number(s):
Alternate Key No.
Space Above 1bis Line for Processing Data
Space Above 1bis Line for
Recording
MAINTENANCE AGREEMENT
WHEREAS, the OSA has petitioned COUNTY to abandon those portions of East
First Street and East Second Street as set forth in Exhibit A attached hereto; and
WHEREAS, the COUNTY is willing to abandon those portions of East First Street
and East Second Street Right-of-way being part of Mandalay subdivision located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, more particularly
described on Exhibit A; and
WHEREAS, as a condition of that abandonment OSA has agreed to this
maintenance agreement to improve and maintain that portion of East Second Avenue.
shown on Exhibit B.
NOW, THEREFORE, for and in consideration of Monroe Comity's abandonment
of the property set forth on Exhibit A and OSA's agreement to maintain the property set
forth in Exhibit B, the Parties agree as follows:
1. Monroe County Board of County Commissioners ("County") agrees to abandon
that property set forth on Exhibit A and transfer ownership of this property to
Ocean Sunrise Associates, LLC ("OSA"), a Florida Limited Liability Company.
EXHIBIT
j~
- 1 -
2. OSA agrees to improve and maintain that portion of East 2nd Avenue as shown on
the legal descriptions and survey (Exhibit B).
3. The specific maintenance and improvement plans for East 2nd Avenue will be
approved by the County Engineer and all other County departmehts required to
approve the configuration and maintenance of County roads.
4, OSA understands that the specific requirements for maintenance and improvement
may change from time to time, and agrees to comply with all reasonable requests
for changes and upgrades.
DATED this
day of October 2006
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
OCEAN SUNRISE ASSOCIATES, LLC
By
Printed Name
Title
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Ti:.'e aU ~d{-!j-d,~..'. ~
-2-
E.'F. Gaines Surveying Services, 'nc..
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. DESCRIPTION,
, of a portion of East First Street 'Right-of- Way;
beirig part ofMandalay Subdivision locatl::d in . .
, Section 6, TownShip 62 South, Range 39 East,lv.tcinroe Coun~, Florida
" AlIthat part of East First street Riglit-of-way, per the subdivision plat ofJv.[andalay
.' . located in Section 6,. Township 62 SoUth, ~ge 39 East; Monroe County, Florida; being
'~--:-... ..'. ~: '- ,- .--:;mor-e-particularJy-desefll:>ed-as.fellows;-.....-:--'-.~.--.- -,-- - .... -'-.-..' --.,. :. -- ----- -~--:- ---.--------.-, -..---- -.~',
. .'.
. . BEGiNNING at the'i1itersection of the easterlymost cOrner of LOt 30, Block ~ and the
. ." northwesterly right-of-Way line ofEa~t First Street per said subdivision plat C?fMandalay;
. thence. S.45 "OO'OO"~. for 50.00 feet to'the southeasterly right-of-way line of said East ,
. First StI'eet;'.' . . , , . .
. , :thenc;e atong said sou~easter1y right-()f-way line S.45"OO'OO"W.' for 175.00 feet:
. then.,ce continue al()ng said rlght-of.;way line southerly 39.37'fe:et along'tbe arc ofa' .
, tangential circular curve C<?ncave to the ~; having a radius -of 25. 00 feet, .through a
, central.angle of90.00'OO" ~nd being subtended by a chord which bearS. S.OO.OO'OO"E.
. for 3?.56 feet to the northeasterly right-of-way line of Second avenue per said .
, subdivision plat ofMandalay; . ".:", '.' ". .'.
,.. . the1l,ce along' s~d northeasterly righ~-of-way lin~ of said Second Avenue; N.4S"OO'Oo."W.
.' for 10.0..0.0 feet to the northwestedy right-of-way litie of said East: First Str~; . .
thence al~)Dg said right~of-way line easterly 39.37 feet along the arc ot a non-tangential .
. ;' eirculatC\Jrve ~ncavetothe north, having a radiUs i;lf25.00. .f~ through a central angle
. of90~Oo.'OO~ and being sub tended by.a chord which bears R90"OO'OO"E.. for 35.3<5 feet;.
.the~ contiri:l~e aiQrig said right-of-Way Ime.N.45 "00' OO"EaSt for 175: co feet to the Point ..
of Beginning of the Parcel herein desCribed;. . .
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B~ings ate based on the centerline of.East First Street being No'4S'OO'OO"E.,
. : Subject to eaS~~ts. restrictions and reservations of record; . .
: Coi1t~ng 10~68 square feet, niore'or less;..
. Prepared by E. F. Gaines Smveying Services, me.
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. , ....,.. - ':"Rererence:ri16~-1l02.oo8.dw . ......-, ,
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. . ,.,. .'.1 342'CofopiaiBouievard. Suite 1:-348, Fort MYerS, 'f~~rida33907
.' '" ",- ...,. Phone;2391l.18-0i26 . fax:i~9-41S-0127.'. Www.EFGaines,com.'
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E.F. Gaines Surveying Services, Inc.
DESCRIPTION .
. ora portion of East Second Street Right~of-Way. .
. .. being part ofMandalay Subdivision located in
,Section 6.. To-wnsmp 62 South, Range 39 East, Monroe County, Florida
AIl that part.ofEastS~nd Street Right-:of-way, 'per the subdiVision plat of Manda lay
, located in. Section 6. Township 62 South, Range 39 East, Monroe County; Florida, being
::. .. .._.---:-,,~--moredparticularly.desGribe~-as-fellews;- ..- -..,--"'" ..., .,;., . :_..._..____:n._--.d-.-~-' ""___d"': , ---.- .--..
, ' BEGINNiNG at'the intersection, of the northerlymost.comer of Lot 2, Block 4, and the
southeasterly. right-of-way line of East Second Street p~ said Slibdivision"plat of'
Mandalay; ". .' . , .
, thence along said southeasterly right-of-way line S.4S'OO'OO"W. for 1 00.80 'fe~t;.
'. thence cOntinue along said right..of-way line southerly .39.37 feef lilong the arc of a'
tangential circular curve. concave to the east. having a radius of25~OO feet, through a.
_ c"entralangIe of90~O()'OO".ai1d being'subtendOO by a chord which bears S.OO.Oo.'OO"E..
, :' for 35.56 feet to the northeasterly right-of-way line of Second' Avenue per said'
. '. .suodiyision plat ofMandalay; , .' ' :.
': : thenCe lilong said northeasterly right.:.of-way line of said Second Avenue, N.4S.00'qO"W.
, ;for. 1 00.00 feet to the northwesterly right-of-way. line of said ~. SeColld Str~t; . '
:: . thence alo.ng Said rigJit-of~way line eaSterly 39.37 feet alorig the arc.ofa non-tangentiaI._
,- circu~ curve concave.to,the nortl\ having a radius of25.00,:foot~ through a central. angle" '.
<. of90'OO'OO" and bemgsubtended by a' chord which bears .S.90oO()'OO'~E"f'qr 35.36 feet;
. . . !=hence continue along said right..of~way line N,45'O~'00;'East,for 100,79. feet to the Point.
. .: of Beginning ~f the Parcel herein descnbed; ,,'. ." " " .' " .
. .
". Bearings are' baSed on the 'cenierliJie of East Second Street J>efug N.4S'OO'OO"E.
, Subject"to easements, restrictionS ~d reservations'ofrecord;' .
- : .' '. Cont8ining'65S.6 ,square .feet; more odess; '.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County,
Florida, will hold a public hearing on November 15,2006 at 3:00 P.M., at the Key Largo Library,
Tradewinds Shopping Center, 101485 Overseas Highway, Mile Marker 101, Key Largo, Florida,
for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall
be abandoned:
All that part of East First Street Right-of-way, per the subdivision plat of MandaJay located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, being more particularly described as
follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the northwesterly
right-of-way line of East First Street per said subdivision plat of Mandalay; thence S.450oo'00" E. for
50.00 fret to the southeasterly right-of-way line of said East First Street;
thence along said southeasterly right-of-way line S.450oo'00"w. for 175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a tangential
circular curve concave to the east, having a radius of 25.00 feet, through a central angle of 90000'00"
and being sub/ended by a chord which bears S. 00000'00" E.}Or 35.56 fret to the northeasterly right-
of-way line of Second Avenue per said subdivision plat of Manda lay ;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00"w. for 100.00
fret to the northwesterly right-of-way line of said East First Street;
thence along said right-of-way line easterly 39.37 fret along the arc of a non-tangential circular
curve concave to the north having a radius of 25_ 00 feet, through a central angle of 90000'00" and
being subtended by a chord which bears S.900OO'00"E. for 35.36 feet,- thence continue along said
right-of-way line N.45ooo'00"East for 175.00 feet to the Point of Beginning of the Parcel herein
described;
Bearings are based on the centerline of East First Street being N.45000'00"E.
Subject to easements, restrictions and reservations of record;
Containing 10268 square feet, more or less;
Prepared by EF. Gaines Surveying Services, Inc.
Pursuant to Section 286.0105, 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 hearings or meetings, 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 18th day of October, 2006,
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication date:
The Reporter (Fr) 10/27/06
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO. 516 -2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF EAST FIRST STREET, BEING PART OF
MANDALA Y SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 62
SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO).
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and
disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or
highways, and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing
due notice of said hearing in accordance with said Chapter, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board will hold a public hearing on November 15, 2006 at 3:00 P.M. at the Key Largo
Library, Tradewinds Shopping Center, 101485 Overseas Highway, MM 101, Key Largo, Florida, to
determine whether or not the Board will renounce and disclaim any right of the County and the public in and to
the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or
plat, to-wit:
All that part of East First Street Right-of-way, per the subdivision plat of Mandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat of
Mandalay; thence S.45000'00" E. for 50.00 feet to the southeasterly right-of-way line of
said East First Street;
thence along said southeasterly right-of-way line S. 45000'00 "w. for 175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a
tangential circular curve concave to the east, having a radius of 25,00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears S. 00000'00" E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat of Mandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00"w.
for 100.00 feet to the northwesterly right-of-way line of said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north having a radius of 25.00 feet, through a central angle
of 90000'00" and being subtended by a chord which bears S.90000'00"E. for 35.36 feet;
thence continue along said right-of-way line N. 45000 '00 "East for 175.00 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being N.45000'00"E.
Subject to easements, restrictions and reservations of record;
Containing 10268 square feet, more or less;
Prepared by E.F Gaines Surveying Services. Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 18th of October, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
Yes
Yes
Yes
Yes
Yes
(SEAL)
ATTEST: D~GE, CLERK
G.,t~
Deputy Clerk
BOARD OF COi. Y COMMISSIONERS
OF MONROE C . fe' FLORIDA
By J
Mayor/Chat erson
(KMP,-lO.18, 06 East First St, Mandalay)
YD. SANO_R8 10 r~j,
T COUNTY ATTORN
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E.F. Gaines Surveying Services, Inc.
DESCRIPTION
of a portion of East First Street Right-of- Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East First Street Right-of-way, per the subdivision plat of Manda lay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat ofMandalay;
thence S.45000'00"E. for 50.00 feet to the southeasterly right-of-way line of said East
First Street;
thence along said southeasterly right-of-way line S.45000~00"W. for 175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
"tangential circular curve concave to the east, having a radius of25.00 feet, through a
central angle of90000'00'' and being subtended by a chord which bears S.OooOO'OO"E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00"W.
for 100.00 feet to the northwesterly right-of-way line of said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc ofa non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central angle
of90000'OO'' and being subtended by a chord which bears S.90000'00''E. for 35.36 feet;
thence continue along said right-of-way line N.45000'OO"East for 175.00 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being N.45000'00"E.
Subject to easements, restrictions and reservations of record;
Containing 1 0268 square feet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc.
_~~~,:,4'-'-~"
Date
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: OI69-1102..Q08.dwg
1342 Colonial Boulevard, Suite E-34B, Fort Myers, Florida 33907
Phone: 239-418-0126 . Fax: 239-418-0127 . www.EFGaines.com
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/06 - KW
Division: CountyAttomey's Office
Bulk Item: Yes ~ No
Staff Contact Person: Bob Shillinger/Jerry Sanders
AGENDA ITEM WORDING:
Approval to advertise and approval of Resolution setting date, time and place for a public hearing
concerning the proposed abandonment of a portion of East First Street, being part of Mandalay
Subdivision located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, of the
Public Records of Monroe County, Florida (Key Largo}
ITEM BACKGROUND:
Petition was received 5/25/05. The Petition has been reviewed and conditionally approved by Planning
(9/19/06), Engineering (4/6/06) and the Fire Marshall (5/15/06). As a result of on-going coordination
with staff, a site plan will be proposed which will ensure public access to potential affected property
owners and the general public and address public safety issues. A reverter agreement will provide for
the portion of right-of-way to be abandoned to revert back to the County if the project is ultimately not
approved by the County.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACTIAGREEMENTCHANGES:N~
STAFF RECOMMENDATIONS:
Adoption of Resolution setting one public hearing for 3:00 p.m. on NOVEMBER 15, 2006 in Key
Largo, Florida.
TOTAL COST: Petitioner Pays
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Att~ OMBlPurcha .
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO.
-2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF EAST FIRST STREET, BEING PART OF
MANDALAY SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 62
SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO).
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and
disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or
highways, and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing
due notice of said hearing in accordance with said Chapter, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board will hold a public hearing on November 15, 2006 at 3:00 P.M. at the Key Largo
Library, Tradewinds Shopping Center, 101485 Overseas Highway, MM 101, Key Largo, Florida, to
determine whether or not the Board will renounce and disclaim any right of the County and the public in and to
the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or
plat, to-wit:
All that part of East First Street Right-of-way, per the subdivision plat of Mandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost corner of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat of
Mandalay; thence S.45000'OO" E. for 50.00 feet to the southeasterly right-of-way line of
said East First Street;
thence along said southeasterly right-of-way line S. 45000'OO"w. for 175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a
tangential circular curve concave to the east, having a radius of 25. 00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears S. 00000'00" E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat of Mandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'OO"w.
for 100.00 feet to the northwesterly right-of-way line of said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north having a radius of 25,00 feet, through a central angle
of 90000'00" and being subtended by a chord which bears S.90000'OO"E. for 35,36 feet;
thence continue along said right-of-way line N.45000'00''Eastfor 175.00feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being N. 45000'00''E.
Subject to easements, restrictions and reservations of record;
Containing 10268 square feet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 15th of November, 2006.
Mayor Charles" Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
(SEAL)
ATTEST:D~L.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(KMP.- J O,J 8.06 East First St, Mandalay)
YD. SANO_RS 10 r-0.t-
T COUNTY AmRH
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E.F. Gaines Surveying Services, Inc.
DESCRIPTION
ofa portion of East First Street Right-of~Way,
being part of Mandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East First Street Right-of-way, per the subdivision plat of Manda lay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat ofMandalay;
thence S.45000'00"E. for 50.00 feet to the southeasterly right-of-way line of said East
First Street;
thence along said southeasterly right-of-way line S.45000:00"W. for 175.00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of 25.00 feet, through a
central angle of90000'00'' and being subtended by a chord which bears S.OooOO'OO"E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00"W.
for 100.00 feet to the northwesterly right~of~way line of said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc ofa non-tangential
circular curve concave to the north, having a radius of25.00 feet, through a central angle
of90000'00'' and being subtended by a chord which bears S.90000'00''E. for 35.36 feet;
thence continue along said right-of-way line N.45000'00"East for 175.00 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being N.45000'00"E.
Subject to easements, restrictions and reservations of record;
Containing 1 0268 square feet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc.
/'~
.. " ~ /'
/:;:'rK:Ya / ~~~
E lza F. Gaines, PSM Florida License No. 4576
f 4;f>~'-'
Date
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: OI69-1102-008.dwg
1342 Colonial Boulevard, Suite E-348, Fort Myers, Florida 33907
Phone: 239-418-0126 . Fax: 239-418-0127 . www.EFGaines.com
ROAD ABANDONMENT PETITION
PORTION OF EAST FIRST STREET
MANDALAY SUBDIVISION
KEY LARGO, FL
PETITIONER: Ocean Sunrise Associates, LLC
PETITION
Payment of Petition Fee:
Check #1653 dated 4/1/2005 $500.00
PETITION FOR ROAD ABANDONMENT
NAME:
Ocean Sunrise Associates. LLC
ADDRESS:
97501 Overseas Highway. Key Largo. Florida 33037
STREET/EASEMENT TO BE ABANDONED: Part of East First Street
KEY: Key Largo
MILE MARKER: 97,5 Ocean
DATE: 04/01/05
PHONE: 305-852-9292
FAX: 305-852-8880
EMAIL ADDRESS:lisala>mulicklaw.com
We hereby petition the Honorable Board of County Commissioners to renounce and disclaim
any right of the County and the public in and to the above-referenced street, alleyway, road
or right-of-way as further depicted and described in the following attachments:
(EXHIBIT A)
Survey - (no larger than 11 II x 17" or 8V2" x 11 ") Description of roadway to be abandoned
and survey showing that portion marked with diagonal lines with Petitioner's property
clearly delineated and outlined, and showing all adjacent properties,
(EXHIBIT B)
Map of Key - on which road is located, clearly showing US Highway 1, Mile Marker number
and portion of road to be abandoned,
(EXHIBIT C)
Copies of Deed - Petitioner certifies that it is the sole owner of lots abutting East First Street
and that the abandonment of said road will not take away from other property holders' right
of ingress and egress to their property, and that taxes for the year 2004 have been paid on
their subject land,
(EXHIBIT D)
Legal description - of that portion of roadway which Petitioner seeks to have abandoned,
(EXHIBITS E-l, E-Z, E-3 & E-4)
Letters of no objection - from utility companies including, but not limited to, water, electric,
telephone and cable television.
(EXHIBIT F)
Letters of no objection - from all adjacent property owners and list of names and addresses
of all adjacent property owners,
Petitioner seeks the abandonment for the following reasons:
Petitioner is redeveloping parcels on each side of the subiect portion of
East First Street and abandonment of this right-of-way will facilitate
appropriate redevelopment.
Petitioner agrees to be responsible for and pay for all costs of advertising and recording fees
incurred relative to this request for road abandonment,
Petitioner further agrees to grant any easement necessary for the furnishing of utilities,
including without limitation, electric power, water, sewer, telephone, gas, cable and other
electric communication services to the same extent as is common within this area as to
height, width and degree, upon request for such service or by the BOCC through its
authorized agents. If easements are so required, copies of the executed documents will be
provided to the County before the Petition is presented to the BOCC,
Petitioner certifies that the road to be abandoned does not end at water or that, if it does,
the road is not a dedicated and accepted right-of-way (including by operation of law due
to construction or maintenance by County).
WHEREFORE, Petitioner formally requests the Honorable Board of County
Commissioners to grant this Petition.
By:
Ocean Sunrise Associates, LLC
tiku~-
W, Thomas Grimm, Managing Member
STATE OF FLORIDA
COUNTY OF MONROE
Sworn to and subscribed before me on this I sf- day of April 2005 by W, Thomas
Grimm, as a Mana i Member of Ocean Sunrise Associates, LLC, on behalf of the company,
H s personally known to me or h as produced
as identi cation.
.-lll....~ USA CAREY
~m~ :..\ MY COMMISSION II DO 110800
. . i EXPIRES: July 12, 2006
, .iff..i\..' Bonded Tllru Nol8Iy Pubic Undetwrlters
(Signature)
My Commission Expires:
[stamp in space provided above]
2
May.25.2005 9:12AM
No.7696 p. 13
II
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State of Florida
County of Lee
FILE '1439392
BKI1. 9 9 6 PG# 1. 5 :1 6
lbe furegoiDB instrwneDt was acknowledged before me this 15th day of .April. 2004 by Chester Bennett and La Jo:yt:c
Bennett, who rfJ arc pcrsooalJ:y known or [Xl have procl1x;ed~." _..-
. __' iJ ~
. (N~Seal] N tary~ rr--
PrintodNamo; jJl'M1~ 1) vJ7 ~'J
My Commission Expires: .~ -I./} S-
51 N,ANCl o. WYl'fN
MY COMM1$SION' pD 00S18J
~ ~ 'I ~lC.PIlUlS; arfar t,1JlO5
"ItOf\\) .....-~.ISDfldII1Q.\llC._
1~1\RY I'l.~,
KONROK. COUNTY
OFFICIAL RHCORDS
1Y...,anly Deed (SftllSllO,., Form) . PIp;Z
Doubl.Timee
OJ!~~~~E
(3051294-4641
r.'...............
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, DiSbict 2
Charles "Sonny" MCCoy, District 3
David P. RIce, Disbict 4
~fIia oJ tIUt &unbj ~
502 'l.ONtdk.aJ Sbr.eet, !haA.
9'ut (Jf./.ke!Ilea: 1026
~ Wut, !JJ!, 33041-1026
(305) 292.3470
-i jit\,~~.
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MEMORANDUM
TO:
Ginger Campbell, Finance Department . 1 ~!tv
Kathy Peters, County Attorney's Office' 0
FROM:
RE:
Road Abandonment Petition - Part of East First Street, Mandalay Subdivision, Key Largo
Submission of Petition Fee
DATE:
June 1,2005
Enclosed please find Check No. 1653 dated April 1, 1005 made payable to Monroe County in the amount of
$500 received by this office on May 27,2005 from the Petitioner in the above-referenced Road Abandonment
Petition, Ocean Sunrise Associates, LLC.
Please deposit the enclosed check in the appropriate. account. Should you have any questions or concerns,
please feel free to contact Assistant County Attorney Suzanne Hutton or myself by phoning (305) 292-3470.
KMP/
Enclosure (Check No. 1653)
5 It C IW r j I It" h Q nee II d Deli nr: ~",. See b" c k 0 r del" j I 5. m
w. THOMAS GRIMM
PH. 239-254-8115
6135 MANCHEstER PI..
NAPLES, FL 34110
PAY Ai ~
TO THE / Vi
ORO," "': PuML _
~~ ~ 'IUD
Bank of America ~
~
ACHRlT063100277 ~ ; "
FOR//rI-kt ~~
09-02
1653
DATE
'f./.6F
83-27/831 R.
284
I $ .fi)~ -
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DOLLARS {?J
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EXHIBIT A.
Survey
May.25. 2005 9:13AM
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E..F.. Gaines Surveying Services, Il1e..
DESCRIPTION
ofa portion of East First Street Right-of-Way,
being part of Manda lay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East First Street Right-of-way, per the subdivision plat ofMandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat ofMandalay;
thence S.45.00'00"E. for 50.00 feet to the southeasterly right-of-way line of said East
First Street;
thence along said southeasterly right-of-way line S.45.00'00"W, for 175,00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of 25.00 feet, through a
central angle of 90.00'00" and being subtended by a chord which bears S.OO.OO'OO"E,
for 35,56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat of Manda lay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45.00'00"W.
for 1 00.00 feet to the northwesterly right-of-way line of said East First Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central angle
of90.00'00" and being subtended by a chord which bears S.90.00'00"E. for 35.36 feet;
thence continue along said right-of-way line N,45000'00"East for 175.00 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being N.45000'00"E.
Subject to easements, restrictions and reservations of record;
Containing 1 0268 square feet, more or less;
Prepared by E,F,Ga.ines Surveying Services, Inc.
'""/ / ~. . -."-
( at/'.~~~' . .., "
...-/ / c..~ (~::>
Date
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: 0169-1102-008.dwg
1342 Colonial Boulevard, Suite E-34B, Fort Myers. Florida 33907
Phone: 239-418-0126 . Fax: 239-418-0127 . www.EFGaines.com
EXHIBIT B.
Map
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EXHmIT C.
Deed
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.dy.25. 2005 9:12AM
MONRO@ cotl')
OF'ICIAL RECORDS
~d by and return to:
Ph~ Law Partners, PA
12697 New J,klttuy Boulevard
Fort Myers, 1fL 33908
239-167-7149
File Nwnbcr: :Beunett 001
Will Call No.:
ParCel Identification No. 005544.20-000000
No.7696 p. 12
()
FILg '1439392
BKtl 996 PG81 5 1 5
Reo Apr 26 2084 12113PM
DANNY L KOLHAGE, CLERK
DiRD DOC sr~ 5600.00
04/26/2004 ~ DKP eLK
rSpace Above This LiDc Far: ~ Dua]
Warranty Deed
(STAnrroRYFORM - SBCTION 689.02. F.S.)
.
This Indenture' m.&d.Ctbis~f . 04 between CJaemr Beuuett and La Joyee :Beu.nett, blllbud and wlfe
whose pOst ofJice address is :way. US #1. ~ ~" FL 33037 of the County ofMouroe. State of
Florida. gam.taT*, and Oeean S1IJU'be ~ LLC. a Florida LImIted UabWty COlDpauy whose post office address is
WOO Umvex-Ilty DrIve, Suite 400, Fort Myen, I'L ~390'7 oftbe County of Lee, State of Florida, crantce*,
Witnesseth that said grantor, for and in consideration of the IIUID of TEN AND NO/lOO DOIJ..ARS ($10.00) a:od other
good and valuable oonsidemtions to said grantor in hand paid by said grantee, the receipt whereof is hereby llCbowledged;
has granted, bargained, and sold to the .~ grantee, and gpntee's heirs and assigns forever, 1hD followiDg ~Oed land,
situate, lying and being in Monroe County, ;FloricIa, to-wit:
Lou 1, 2, 3, 4, 5, 6. 7.8,30.31, 311Uld ~3, Bloclt 1, Mmdllay, aeeordiDg to die plat thereof as
recorded in Plat Book 1, Page(s) 194, Pub& Reeorda of Monroe ColIDty, Florida.
. .
awl :said gnmtor docs btlreby fully warrant the title to said land. and will defend tho SBUlC against lawiW. claims of all pcltSOn&
whOmsoever.
* "Gtantar" llDd "Graatee" are used for siDguIar or plll1'8l, as cootm requires.
In Witness Whereof, gnmtor bas hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and. deliveJed in our pRSeD.Ce:
~~
Bennett .
DDllblenmee
EXHIBIT D.
Legal Description
E.,fFs Gaines Surveying Servicesg Sn(C"
DESCRIPTION
ofa portion of East First Street Right-of-Way,
being part of Manda lay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East First Street Right-of-way, per the subdivision plat ofMandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the easterlymost comer of Lot 30, Block 2, and the
northwesterly right-of-way line of East First Street per said subdivision plat ofMandalay~
thence S.45000'00"E. for 50.00 feet to the southeasterly right-of-way line of said East
First Street;
thence along said southeasterly right-of-way line S.45000'00"W. for 175,00 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of 25.00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears S.OOoOO'OO"E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'OO"W,
for 1 00.00 feet to the northwesterly right-of-way line of said East First Street~
thence along said right-of-way line easterly 39.37 feet along the arc ofa non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central angle
of90000'00'' and being subtended by a chord which bears S,90000'00''E. for 35,36 feet~
thence continue along said right-of-way line N.45000'00"East for 175.00 feet to the Point
of Beginning of the Parcel herein described~
Bearings are based on the centerline of East First Street being N.45QOO'00"E.
Subject to easements, restrictions and reservations of record~
Containing 10268 square feet, more or less~
Prepared by E,F.Gaines Surveying Services, Inc,
''''/ /".-
.J,/~#~-;r{3 "
Date
Not valid unless signed and embossed with the seal ofthe named surveyor.
Reference: 0169-1102-o08.dwg
1342 Colonial Boulevard, Suite E-34BJ Fort Myers, Florida 33907
Phone: 239-418-0126 . Fax: 239-418-0127 . www.EFGaines.com
COMPLIANCE WITH CONDITIONAL APPROVAL:
FIRE MARSHALL
COUNTY ENGINEER
1k~~
October 18,2006
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
Office of the County Attorney
Attn; Kathy Peters
502 Whitehead Street, Rear
Post Office Box 1026
Key West, Aorida 33041-1026
Mailing Address: P. 0, Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
Ref: Mandalay Road Abandonment
Dear Ms. Peters:
As requested in our meeting of October 12,2006 this letter serves as an agreement to comply
with all requirements and conditions of the Monroe County Fire Marshall and Engineer
pursuant to the Mandalay Club development petition to abandon a portion of East First Street
and East Second Street.
Please notify this office if you have any questions or concerns regarding this project. Thank
you for your assistance.
Cc: Donald L. Craig, AICP
Client, file
Timothy Thomes, P.A.
RECEiV f'")
OCT 1 9 ?fif';
MONROE COUNTY ATTORNEY
10/18/06
10ft
COUNTY ENGINEER
FINDINGS AND RECOMMENDATIONS
A. 4/11/2006 Request for compliance
B. 4/6/2006 Conditional approval
C. 12/8/2005 Status memo revised site plan
D. 9/15/2005 Status and findings memo
e
~..".""". OUNlYo1MONROE
.' KEY"IJlJEST ~ U~ClRII:>A 33040
, >C',. c. ' . (305I2lM-4641
e-
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~@IF~~m'll~
Mayor "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District :z
DiMd P. Rk2, DiSb1ct 4
DixIe M. Spehar, DisI:rIct 1
~1/b~tAe~~
502 'WAit.eIiead SIufl, 9lea&
9'Nt i'fIia !Ilea; 1026
:IVy 'WeK, !IE 33041.1026
April 11, 2006
Nicholas W. Mulick, P,A
91645 Overseas Highway
Tavernier, FL 33070
RE: Road Abandomnent Petitions - Part of East First Street, Mandalay Subdivision, Key Largo, FL
Part of East Second Street:, Mandalay Subdivision, Key Larco, FL
Dear Mr. Mulick:
Enclosed please find the County Engineer's memorandum dated April 6, 2006 regarding the abov.e-
referenced Road Abandonment Petition which sets forth specific conditions for approval. Please review and
provide written documentation that you are willing to comply with these conditions. Per request, a faxed
copy of the County Engineer's conditional approval was provided to Tom Williams on 4/10/06 @ (305) 292-
1525. If additional information is needed, you may want to contact the County Engineer directly. A copy is
also being provided to the County Planning Department and the County Fire Marshall for their review and
input,
Should you have questions or concerns, please feel free to contact myself or Suzanne Hutton, Assistant
County Attorney, by phoning our main office at (305) 292-3470.
Sincerely,
~.~
JERRYD. SANDERS
Assistant County Attorney
JDSkmp
Enclosure
cc: David S. Koppel, County Engineer
Aref Joulmri, Acting Platming Director
WalIIy Romero, Fire Mm'shall's Office
SU'UlJl'il..1l!.e A. Hutton. County Attorney
Pc
02~.'''~.'OUNTYoLMONROE
\ KEY WEST ~ ~ORIDUlOtiO
"-'-. (3DS)~1
r-~--
Mavor 01aI1es "'ScInny'" McCoy, ~:;
Mayor Pro Tern MllI'TiiY E. NeIsGn, 0lstrId 5
Dhde M. Spehar, il4strIcI: 1
George Neugent. Distrld: 2
DavId p, RIce, DIsbid: If
Monroe County
Board of County Commissioners
Engineering Division
The llistoric Oato Cigar fadory
1100 Simonton Street, Suite 216
Key West, FL 33040
(305) 292-4426 - Phone
(305) 2954321 - Fax
.
REcetvlO
APR 06 2M:
MOHROE COUIfN ATTORNEY
MEMORANDUM
DATE:
Suzanne Hutton,
County Attorney
David S. Koppel ) III
Division Director I County Engineer ar<-
4-6--06
TO:
FROM:
RE:
Road Abandonment Petition
Ocean Sunrise Associates, LLC
Part of East 1 It St, Part of East 2nd St
Mandalay Subdivision, Key Largo
The above-referenced petition has been reviewed and approved by this department with the following
conditions:
1. Construct a "1'" turnaround at the new end of East 1 st Sl within the developer's property, if
necessary .
2. Construct an access road at the new end of East 2rrd St. and connect to 2nd Ave.
3. Provide an ingress/egress easement associated with the above.
Please feel free to contact me if you have any questions.
8
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MEMORANDUM
DATE:
December 8, 2005
TO:
Kathy Peters
County Attorney's Office
David S. Koppel, P.E. ~)bJ
County Engineer 0)' ...
af .
iiI-I:! ,) /. rl
FROM:
:lilIlJj~: j',.". ,_.. ~., . . ... . vr1I~l;)i
. .. ~l; I
RE: Mandalay Subdivision, Key Largo
Road Abandonment Petition Review
I am in receipt of the attached site plan that addresses all my concerns. Specific
details, dimensions and legal documents &till need to be finalized, however. Also, I
understand that the Fire Marshal's office and the Planning Department may still have
some issues.
Please feel free to call me if you have any questions.
DSKljbw
Attachment
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"CflIiCIII-f)IWII."fIlliiJ~___________..__ _
MEMORANDUM
DATE:
Kathy Peters, Paralegall Administrative Liaison
County Attorney's Office
David S. Koppel /::fJ()
County Engineif
September 15,2005
REceIVED
TO:
SEP 1 6 2005
FROM:
MONROE COUNT'... ATTORiIIE\-
RE: Road Abandonment Petition Review: Portion of East Second Street,
Key Largo, FL (MM 97.5) Petitioner: Sam Stoia
We have reviewed the above-referenced request and offer the following comments:
1. The abandonment will nelatively impact the flow of traffic, including emergency
responders. The road (2D Street) currently connects First Ave. with Second
Avenue. The abandonment, if approved, will cause Second Street to be a dead
end.
2. The petitioner is not the sole owner of property contiguous with the abandonment
request.
3. The other property owners which are contiguous with the abandonment request
have not provided letters of approval.
4. Letters of no objection should also be provided by those properties impacted by
the abandonment. Specifically, those properties along the remaining roadway
which will now be a dead end.
5. Reference is made in the application to another petition for abandonment. This
should be provided so the two petitions can be reviewed together.
Please let me know if you have any questions.
DSK/jl
EastSecondStRdAbandonmentKL.DOC
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FIRE MARSHALL
FINDINGS AND RECOMMENDATIONS
A. 5/15/2006 Conditional approval and attachments
B. Memorandum dated 11/30/2005
C. Conceptual approval dated 11/2/2005
D. Denial dated 8/912005
OK~~rY ~o~~~~E
(305) 294-4641
(,.,.,..--..
BOARD OIF COUNTY OOIMMISSiOlMlEfiill
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Glenn Patton, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63rd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
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INTEROFFICE MEMORANDUM
DATE:
May 15,2006
SUBJECT:
Suzanne A. Hutton, Assistant County Attorney
Arthur "Wally" Romero, Assistant Fire MarShal(f)
ROAD ABANDONMENT INSPECTION:
(Portions of East First Street and Second Ave, Key Largo Fl. MM 97.5 )
TO:
FROM:
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment.
1. Approval of the requested road abandonment at East First Street.
2, A fire hydrant shall be installed at US Hwy 1 and Second Ave prior to the complete abandonment of Second
Ave. This will provide fire protection to the project and fire protection to the area, Completion date for hydrant
shall be required.
This office has no objection to the abandonment,
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: Clark 0, Martin, Fire Chief, Monroe County Fire Rescue
Steve Zalvaney, Captain, Monroe County Fire Rescue, Fire Prevention,
Dave Koppel, County Engineer, Monroe County Engineering Department
Kathy Peters, Paralegal/Administrative Liaison, County Attorney's Office.
Aref Joulani, Planning Director, Monroe County Growth Management
MONROE COUNTY FIRE MARsHAL'S OFFICE
A
t'lal~ 28 06 103 02,~
MQ~rQe Cou~~~ Station 13
872-2407
;~.. 1
3-5 . Fire Lanes 55
The presence of a competent person who has access to
readily available fire extinguishing equipment and knowl-
edge of how to use that equipment is important to main-
taining a safe outdoor fire. Many times, outdoor fIres bum
out:of control because there is no person in attendance to
notify the fire department and to take action to prevent fire
spread. The authority having jurisdiction should establish
guidelines for safe burning and may require fIre apparatus
to be present dunng some burning.
3-4A The authority having jurisdiction shall have the au-
thority to prohibit any or all open fires when atmospheric
conditions or local circumstances make such fires hazardous.
3-4.5 During that period of the year declared by the author-
ity baving jurisdiction to be the dry season, it shall be unlaw-
ful to set fires to any brush or forest covered land.
In many parts of the country, the fire danger is extremely
high during certain times of the year, During such periods,
the authority having jurisdiction should prohibit any opeD.-
buming. The public should be notified that burning is prohib-
ited, and special care should be taken.
3-4.6 On such occasions when the chief executive of the
jurisdiction declares a dry season and establishes special
regulations on the use of any form of fire or smoking mate-
rial, the authority having jurisdiction shall have the authority
to assist in the enforcement of such regulations.
3-4.7 No charcoal burners shall be kindled or maintained
on combustible balconies or within 10 ft (3 m) of combusti-
ble patios on growtd floors.
Exception: Single-family dwellings.
Paragraph 3-4,7 prohibits charcoal grills on combustible
balconies or patios of all occupancies, with the exception
of one- and two-family dwellings,
3-4.8 Cylinders having water capacities greater than 2lh 111
(1 kg) [nominal lIb (0.5 kg)] LP-Gas capacity shall not be
located on balconies above the first floor that are attached
to a multiple family dwelling of three or more living units
located one alJove the other.
Exception: Where such balconies are served by out aide
stairways and where only such stairways are IlSed to trans-
pon the cylinder. (58:3-4,9.2)
Paragraph 3-4.8 prohibits gas grills willi a tank capacity
over 2.5 111 (1 kg) on balconies of multifamily dwelling& of
three or more units located above each other. This restriction
prohibits gas grills in all high-rise apartment buildings and
most other residential buildings of three stories or more,
There are very few buildings that can meet the excep-
NFPA Fire Prevention Code Handt)ook 2000
tion, which permits the use of the grills if a dedicated outside
stairway is used to transport the cylinders.
Inspection of every balcony of multifamily dwellings
is an impossible enforcement task. Enforcement of this re-
quirement should begin with providing written notification
of this requirement to condominium associations, property
management agencies, and others who are affected. When
the potential danger is understood, iris easier to get voluntary
compliance, Landlords can also include this prohibition in
leases. to ensure thlR the tenant- is !tWlII'e that this practice is
forbidden.
3-4.9 Every commercial incinerator and commercial barbe-
cue fireplace- shall be equipped and maintained with a spark
arrestor and shall be maintained in good condition, working
onief, and repair at all times.
1-5 Fke Lanes-
3-5.1 Fire lanes shall be provided for all buildings that are
set back more than 150 ft (46 m) from a public road or
exceed 30 ft (9 m) in height and are setback over 50 ft (15
m) from a publIc road,
Exception:. Where build;."gsare protected throughout with
an approved automatic sprinkler system, the provisions of
this section shall be permitted to be modified by the authority
having jurudiction.
Fire lanes are required in order to provide unobstructed
access to buildings for fire department and other emergency
vehicles during emergencies, Buildings that front on public
ways rarely require additional access. However, buildings
that are set back from a public way shall provide and main-
tain fire lanes approved by the authority having jurisdiction.
as shown in Exhibit 3.2.
3-5.2 Fire- lanes shall be not less than 20 ft (6 m) of unob-
strocted width, able to withstand live loads of fire apparatus,
and have a minimum of 13 ft 6 in, (4.] m) of vertical
clearance, An approved turnaround for fire apparatus shall
be provided. where all aceess road. is a dead end and is in
excess of 150 ft (46 m) in length, The turnaround shall have
a minimnm centerline radi~ of 50 ft (15 m). The grade,
smface, and location of the fire lane shall be approved by
the authority having jurisdiction_
Exception No..1: Tor Y turnaround arrangements shall be
permittea.
Exception No.2: When acceptable to the authority having
jurisdiction, turnaround arrangements other than a cul-de-
sac shall be permitted to be used,
M~r 29 06 10g0~~
"onra~ CDunt~ St~tlDn 13
8172-24137
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3-5 . Fire Lanes 57
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~\
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-- i J.. I
T-tum . ......-
equal 10 length
~fire
CukJe.88c- ~
.
_ Forwerd
Exhibit 3.4 A regular cul-de-sac turnaround. with the 50-it
(15-rn) centerline turning radius required by NFPA 1.
utilized by fJre apparatus shall be constructed and maintained
to accommodate fire apparatus,
Bridges and elevated surfaces, such as piers andboardwaIks.
that are used to provide fire department access must be
designed to support the live load of the heaviest piece of
fire apparatus that is likely to be driven on them. All bridges
and elevated surfaces should be designed for 811 HS-20 high-
way vehicle load rating in accordance with the Standard
Specifications for Highway Bridges{l996 edition), which
, is published by the Americ8ll AssOciation of State Highway
and Transponation Offtcials.
3-5.4 Fire lanes shall be marked with freestanding signs or
marked curbs, sidewalks, or other traffic surfaces that have
the words FIRE LANE-NO PARKING painted. in con-
trasting colors at a size and spacing approved by the authority
having jurisdiction,
Fire lanes must be adequately marked with signs or painted
surfaces. lIS shown in Exhibit 3.6. These markings must be
obvious to the public so that the property owner, as well as
police and fire officials. can enforce the no parlring provis-
ions of the fJre lane. In areas where snow and ice can obscure
cmus and painted. pavement, freestanding or permanently
mounted signs should be considered for identifying fire
lanes.
NFPA Fire Prevention Code Handbook 2000
20ft
(8m)
.. Revemt
_ FOfWarcl
Exhibit 3.5 The- T-tum and Y-(um arrangements shown here
aTe allowed but are less desirable than a regular cul-de-sac
tumaround.
Looal ordinances should be developed so that the no
partting restrictions can be enforced on both private and
public property, NG parlring ordinances for fire lanes should
contain provisions that allow for the towing of vehicles that
are left unattended in fire lanes on either private or public
property.
3-5.5* Fire lanes shall be maintained free of all obstructions
at all times.
Exception: Approved security gates and other movable bar-
riers.
M~r 2S 06 10~02a
"anrae CaunC~ Statian 13
872-2407
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56 Chapter 3 . General Provisions
> 150ft
(46m)
Exhibit 3.2 Rre lane arrangement sarving a building over
30 ft (9 m) in height and over 50 ft (15 m) from a public road
and another building over 150 ft (46 m) from a publ1c roBJi.
Because the fire lane is over 150 ft (46 m) in length, an
approved. turnaround is required.
The minimum fire lane width of 20 ft (6 m) allows fire ap-
paratus to pass when one apparatus is working asa pumper
at a hydrant or an aerial setup, The lane edge closest to the
building should be at least 10 ft (3 m) from the building.
as shown in Exhibit 3.3. For buildings greater than 30 ft
(9 m) in height with no frontage on a public way, the fire
lane width may have to be increased to allow for optimum
aerial ladder or elevating platform access to all stories, The
authority having jurisdiction should consider the clearance
width required to set up the stabilizers on an aerial device
when approving a fire lane width.
Acme SupenTllllket
Fit-Rite
Shoes
Cheryl's
Dress Shop
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Exhibit 3.3 Ammgement of fire lanes In front of 8 building.
Fire lanes must be able to withstand the live loads of
fire department apparatus but are not required to be paved or
constrocted of the same materials as access roads, driveways,
parking lots, and so forth. A fIre lane may have a subsurface
construction of hard material adequately designed to support
the heaviest piece of fire apparatus that is likely to be driven
on it. The lane should be covered with no more than 3 in.
(7.6 mm) of soil, sod, or both. A subsurface fire lane must
be adequately identified with borders, flush curbing, stakes,
or other means acceptable to the authority having jurisdiction
that are easily identifiable-to the fire apparatus drivers. Sub-
surface structures such 8S septic tanks shall have an HS-20
highway loading as specified by the American Association
of State Highway and Transportation Officials, Special con-
sideration must be given to. fire lanes in climates where the
accumulation of snow and ice must be removed. in order to
maintain fire department access. The minimum overhead
clearance to wires, bridges, and so forth shall be 13.5 ft
(4.1 m); however, a clearance of l4 ft (4_27 m) is more
desirable, especially where accumulations of ice and snow
could reduce the ovemead clearance provided.
Where a fire lane or other fire department access road
exceeds 150 ft (46 m) in length and is also a dead end, an
approved turnaround is required, If the turnaround is pro-
vided by a cul-de-sac, it must have a minimum 50-ft (15-
m) centerline turning radius for a norrn.al turn, as shown in
Exhibit 3.4. If the tumaroWld is provided by a Y-tum or a
T-l:urrr, as shown in Exhibit 3.5, it should provide ample
space.
In addition; the design of the local fire apparatus needs
to be considered, as many aerial devices now have extensive
overhang ahead of the- front axle. Utility poles and trees at
the curb line can present a problem in maneuvering an aerial
device. around a cul-de":..sac.
The grade, surface, and location of the fire lane is re-
quired. to be approved by the authority having jmisdiction,
The grade should pennit fire apparatus use of the flre lane
during all conditions. snch. as snow, ice, and rain. It should
not be too steep to prevent apparatus from a speedy response,
Common surfaces are cement and asphalt; other surfaces
such 8S grass areas with Wlderground support shOuld be
acceptable to 1lSe during all conditions, A fire lane is required
to gain access to a building. However, the Code does not
fe<luire the fire lane to reach the back of the building. The
authority having jurisdiction should review each building
and the fire lane requirements needed for fire department
access to that building, Considerations should include,
height, construction, occupancy, and fire department re-
sponse.
3-5.3 Where a bridge is required to be used. as access, it
shall be constrUCted and maintained using live design loading
sufficient to ClIll'Y the imposed loads of the fire apparatus.
Where an elevated surface is used as access, that portion
2000 NFPA Fire Prevention Code Handbook
12172-2407
po4
M~r 28 D6 IDaD6~
Monroe CDun~~ St.~lon 13
68 Chapter 3 . General Provisions
( Curb pall'11ed while or yellow
If
~f)\ " NO
3-in. (7.8.cm) white or yellow lines with
24-ln. (51-em) Iligh letters In white or yellow
"FIRE LANE NO PARKING"
painted on pavement
rCum painted red
Ii
[F~R
___ Pavement
palmed red
24-ln. (6t -em) hfgh white Iettelll on
solid red backgmund
"FIRE LANE NO PARKlN.G"
@
Reflective white
background with black
"PO and red "NO" symbol
White reflective background
with red letters
Exhibit 3.6 Various means of marking fI(9/anes,
A-3-SS Fire lanes should be kept clear of obstructions such
as parked vehicles. fences and other barriers, dumpsters,
excess vegetation, and so forth. However, it should be under-
stood that a. severe snowstorm can make these lanes tempo-
rarily inaccessible. In many partS of the country the annual
snowfall is of such magnitude that alternative arrangements
such as temporary roads over tire snow accumulation can
be necessary,
The use of readily removable barriers at the entrance to
flre lanes may be allowed. provided that these bamers- are
installed according to the requirements of the authority hav-
ingjurisdiction, Such a barrier could be a gate with a break.-
away lock, a lock keyed the same as the jurisdiction's access
boxes, or removable posts,
3-6 Access Boxes
The authority having jurisdiction shall have the authority to
require an access box to be installed in an accessible loeation
where access to or within a structure or area is difficult
because of secUItty. The access box shall be atype approved
by the authoritY having jurisdiction and shall contain keys
or other devices necessary to gain access as required. hy the
autItority having jurisdiction, The operator of the premises
shall immediately notify the authority having jurisdiction,
and provide the new keys or other devices, any time a lock
is changed or rekeyed and a key or other device to that lock
is contained in the access box.
Access boxes provide an orderly system of gaining access
to buildings while maintaining a high level of security. These
heavy-duty key repository boxes provide a high-security key
system that ensures that only the fire department can access
the keys within them.
Some systems have provisions for securing the key to
the key box inside the cab of an apparatus. The fire company
must contact central dispatch in order to have the key re-
leased for its use, A log is kept that indicates exactly when .
and' where fire companies are accessing buildings or other
secure areas. The dispatch center can also determine when
the key has- been returned to its secure position in the appara-
tus. This type of system provides the highest level of security,
. SmIle- fire departments require access boxes to be
mounted on a wall at a height of 10 ft-12 ft (3 m-3.66
m) to prevent the- lock from being vandalized. The fire
department can quickly access the box using a ladder from
the apparatus. &hibit 3.7 illustrates a typical access box.
Exhibit 3.7 Typical access box.
Most manufacturers that supply access boxes also pr0-
vide a variety of other products, sucb as materials:-safety
data sheet cabinets that can be used to keep important site
information in a secure location for access by the fire depart-
ment. Padlocks keyed. to a master key system are also avail-
able. These locks- can- be- used to secure gates and other
2000 NFPA Fire Prevention Code Handbook
O~~rY ~~~~~~E
(305) 294-4641
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!aCAR.i) OF COUN"n' COMMUSIOIl\lIE~
Mayor Charles "SOnny" McCoy, District :3
Mayor Pro Tern Murray E. Nelson, District 5
Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Monroe County Fire Rescue
490 63rd Street, Suite 162
~aratbon,F1.33050
(305) 289-6010
(305) 289.6013 Fax
MEMORANDUM
TO:
FROM:
Kathy Peters: for Suzanne Hutton, Assistant Coun~rney
Arthur "Wally" Romero, Monroe County Fire RescJt.!J
SUBJECT: Mandalay Subdivision Road Abandonment Petition Review, Key Largo, FI
DATE:
November 30, 2005
The Monroe County Fire Marshal Office responded in writing, on September 17, 2005 and
November 2, 2005, to both parties' request for the road abandonment petition. Both parties are in
receipt of the fire department access conceptual requirements.
The Monroe County Fire Marshal Office concurs with the County Attorney, that both petitioning
parties work directly with Growth Management, the County Engineer, the Fire Marshal and the
Planning Department.
If any parties request more meetings, please note that the Fire Marshal Office shall not
attend unless ALL parties are present. If the petitioning parties are in attendance with a sealed
engineer site plan with all conceptual requirements, most likely a solution can be reached without
further delay.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to
contact our office.
cc: Dave Koppel, Monroe County Engineer
Jason King, Monroe County Senior Planner
Steven Zavalney, Captain Monroe County Fire Rescue, Fire Prevention
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(305) 294-4641
Monroe County Fire Rescue
Office of Fire Marshal
490 63rd Street, Suite 162
~aratbon,FI.33050
(305) 289-6010
(305) 289-6013 Fax
November 2, 2005
The Craig Company
Po Box 372
Key West, Fl33041-0372
305-294-1515
305-292-1525 FAX
,..........~~
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BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
DavId P. Rice, District 4
Murray E. Nelson, District 5
RE: Conceptual Approval for Road Abandonment at Mandalay Harbor
Dear Mr. Craig,
As per our meeting at the Marathon Government Annex on October 5, 2005, the following shall be
required prior to a Conceptual Approval:
1. The Road Abandonment at East First Street, the T turnaround, shall comply with NFPA
1 Chapter 3.3-5 and the Florida Fire Prevention Code Chapter 18-Fire Department
Access.
The Road Abandonment for Second Avenue, the cul-de-sac turnaround shall comply
with NFPA 1 Chapter 3.3-5 and the Florida Fire Protection Code Chapter 18.
2. The two roads east of the cul-de-sac shall provide Fire Department access to the
proposed new structure, all existing structures and the public right of way.
3. Only one fence shall be permitted to separate any properties. Any fence or gate shall
require Fire Marshal approval prior to installation.
4. Fire flow (fire hydrants) shall be required for the proposed new project.
5. Any site plan shall be designed and sealed by a certified engineer for Fire Marshal
approvaL
6. A letter of conceptual approval or required changes from Monroe County Engineer,
Dave Koppel shall be required.
1
~
7. There shaH be no letters of objection from utilities or any other entities.
8. All Monroe County Road Abandonment requirements shall be completed prior to final
approval.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to contact
our office.
Sincerel ,
'/;:&ME,cO
hur "Wally" Romero
Assistant Fire Marshal
Monroe County Fire Rescue
cc: Kathy Peters, Paralegal/Administrative Liaison, County Attorney's Office
Dave Koppel, County Engineer, Monroe County Engineer Department
Mike Holleran, Earth Mark Companies
Chief Clark O. Martin, Jr., Fire Chief, Monroe County Fire Rescue
Steve Zavalney, Monroe County Fire Rescue
Jason King, Senior Planner
Joe Medallion, Monroe County Road Department Director
Carolyn LiCause, Monroe County Building Department Administrator
2
SuzaIllle A, Hutton, Assistant COlUlty Attorney Q
Arthur "Wally" Romero, Assistant Fire Marsh~
ROAD ABANDONMENT INSPECTION:
(Portion of East Second Street, Key Largo, FI, MM 97.5 )
O~~1Y ~o~~~E
(305) 294-4641
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg,
490 - 63rd St., Ocean, Ste, 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
DATE:
August 9,2005
TO:
FROM:
SUBJECT:
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BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David p, Rice, District 4
Murray E, Nelson, District 5
INTEROFFICE MEMORANDUM
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. The office
can not approve any portion of this Road Abandonment. There would be no fire department access for any type of
emergency that would require a response from fIre rescue services.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to contact our office.
Jeff Stuncard, Principal Planner, Monroe County Growth Management
Kathy Peters, Paralegal/Administrative Liaison, County Attorney's OffIce
Chief Clark Martin" Fire Chief, Monroe County Fire Rescue
Dave Koppel, County Engineer, Monroe County
Marlene Conaway, Planning Director, Monroe County
cc:
@RoadAbdn/RoadAbdn/mw7.0
RECEIVED
AUG 1 5 2005
MONROE COUNTY AHORNE'
MONROE COUNTY FIRE MARSHAL'S OFFICE
\)
GROWTH MANAGEMENT
FINDINGS AND RECOMMENDATIONS
A. 9/19/2006 Conditional approval
q~p'?6 06 Dl:21p
G~=6!M'~!'U Mrgt
[3051 288-2:BJ5<;:-
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MEMORANDUM
TO:
Jerry Sanders
Assistant County Att07Zr~eY
Ty Symroski f) /
Director Growth Ma agement Division
FROM:
SUBJECT:
Manda/ay Subdivision Road Abandonment of Portion
of rt and 21fd Streets Key Largo
DATE:
September 19, 2006
1. I have reviewed the letter of Tim Thomes dated September 16, 2006 which
confirms the meeting and discussion held on September 5, 2006 with the
County Administrator, Tom Willi, Mr. Thomes and I.
2. Mr. Thomes accurately reflects the discussions and results of that meeting.
3. Growth Management Division concurs in the proposal stated by Mr. Thomas
on behalf of his clients Sunrise Associates, LLC.
4. With the conditions stated in Mr. Thomes attached letter, the Growth
Management Division recommends approval of the road abandonment
petition of portions of 19t and 2nd Streets Mandalay Subdivision, Key Largo
o FILENAME \p W:\GRQWTH MANAGEMENT\GeographicaI\Key Largo\Mandalay Road
Abandonment\Memorandumtol Sanders091906.docOPage 0 PAGE 10 ofn NUMPAGES 10
A
S""'p 216 [16 01~21p
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[305] 2i88J-285~<
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Timothy Nicholas Thomes. RA.
Attorney and Counselor at Law
99188 Overseas Highway. Suite 8 · RD. Box 3318 · Key Largo, Florida 33037
{3051451-4053 . Fax (305) 451-3768 · Mobile (305) 384-1114
E-Mell KeysiewOearthllnk.net / TNThomesoeerthlink.net
September 18, 2006
Jerry Sanders. Assistant County Attorney
Marathon Government Center
Marathon, Flotida 33050
Re: Ocean Sunrise Associates, LLC/Mandalay Road Abandonment
Out File No. 05-4918A
Dear Mr. Sanders:
In compliance with YOul: request, the following is the synopsis of the agreem.ent
reached at the meeting attended by Thomas Willi, 1'y Symroski and my client, Ocean
sunrise .Associates, LLC (hminaft't- "OSA") on 9/05/06.
1. The Planning Department (Mr, Synuoski) agreed to recommend abandonment of in
and 2ad Street (parts of Ea.st First and Second Street Rights of Way. subdivision plat of
Mandalay located in Section 6, Township 62 South Range 39 East, Key Largo, Monroe
County, Florida) with the following conditions:
a) My client would execute the access easement for 2D.d Street in the form we have
previou.sly agreed.
b) My client would agree to ma.intAin, la.ndsca.pe and otherwise improve 2nd Avenue
and its side setbacks as directed by the county, and su.bject to whatever
inspections and conditions the county deems necessary ftorn time to time.
c) The lll'proval by the BOCC to the abandonment of 1st and 2"d Stteets would be
subject to a reverter clause in standard form (I can draft for YOllr review) which
would revert the abandoned property back to the county if my client's
development is not approved, or the project is not constructed.
'. d) My client would also improve, landscape and otherwise maintain the boat ramp
located at the Atlantic water ward termination of 2nd Avenue (sttbject to
required governmental approvals),
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I hope this provides you with the information you need to p.toceed to place this
issue on the BOCC meeting agenda.. At the meeting, Mr. Willi and Mr, Symroski
unclctlltood and aglced that any tOlld abandonment or other issues related .to Sam Stoia's
property is not related to, nor does it prevent, the right of o.SA t.o .1I1!)v:e f9.nvard w:it4
these to!l4 aban<t9ntn.epts. . '. . .. . .
P''"R rEi 016 01 ~ 21p
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Jerry Sanders, Assistant County Attorney
September 18, 2006
Page 2
If you have any questions, please do not hesitate to conta.ct me.
Respectfully submitted,
cc: Client
VIA E-MAIL ONLY (Sanders-jerry@monroecounty-fl.gov)
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MCSO TRAFFIC IMPACT ASSESSMENT
~
Sheriff
SUBSTATIONS:
Freeman Substation
20950 Overseas Hwy.
Cudjoe Key, FL 33042
(305) 745-3184
FAX (305) 745-3761
Marathon Substation
3103 Overseas Hwy.
Marathon. FL 33050
(305) 289-2430
f1\X (305) 289-2497
Islamorada Substation
87000 Overseas Hwy.
Jslamorada, FL 33036
(305) 853-7021
FAX (305) 853-9372
Roth Building
50 High Point Rd., Suite 100
Tavernier, FL 33070
(305) 853-3211
FAX (305) 853-3205
DETENTION CENTERS:
Key West Det. Center
5501 College Road
Key West, FL 33040
(305) 293-7300
FAX (305) 293-7353
Marathon Det. Facility
3981 Ocean Terrace
Marathon, FL 33050
(305) 289-2420
FAX (305) 289-2424
Platation Det. Facility
53 High Point Road
Plantation Key, FL 33070
(305) 853-3266
FAX (305) 853-3270
SPECIAL OPERATIONS
P.O. Box 500975
Marathon, FL 33050
(305) 289-2410
FAX (305) 289-2498
AVIATION DIVISION
10100 Overseas Hwy.
Marathon. FL 33050
(305) 289-2777
f1\X (305) 289-2776
~gMMUNICATIONS
2796 Overseas Hwy.
Marathon, FL 33050
(305) 289-2351
FAX (305) 289-2493
tlCl I) 2006
Monroe County SlieriffJs Office
'Rjchard 1J. 2(oth; Sheriff
5525 Coffege <](paa
1(f.y West, :FforUa 33040
(305) 292-7000 :FJI.X: (305) 292-7070 1-8oo-273-COPS
www./(f.ysso.net
To: Colonel Rick Ramsay
Undersheriff
RECEIVED
From: Captain Don Hiller
Commander, Sector 7
~
OCT 1 9 2006
MONROE COUNTY ATTORNEV
Date: October 12,2006
Re: Road Abandonment Petitions
Sir,
Per your request, I investigated the area that is being requested for road
abandonment. The area in question is a large parcel of land that was previously a
trailer park. They have since leveled the trailers and have plans to build a large
scale development named Mandalay Harbor.
After reading the enclosed documents and inspecting the area, I met with
Mike Holleran. He is the Director of Development. and Construction for
Earthmark Companies. He provided me with an up to date plan for the use of the
property (enclosed). The first road in question is East First Street. On the enclosed
map, you will see the outline of the proposed development as well as where East
First St. would have been. The road would actually be turned into a dead end
(with an turnaround) for the remaining residences still on First st, The only access
would now be from First Ave. I don't see this as a problem for any emergency
vehicles or a problem with shifting of traffic for the small amount of road that will
actually be used. The company plans on developing directly across where East
First St. currently is.
The second piece of road is East Second St. The petitioners show a request
for a portion of this road also. After speaking with the developers, originally they
planned on gating the end of the road but have since changed their plans after
speaking with the Fire Marshals office. The road will now be completely open for
ingress and egress from both First and Second Avenues. Petitioners also plan to
develop the boat ramp that is located next to the restaurant that they also own. To
assure room for boats with trailers, large trucks and emergency vehicles to turn
around, they also have a proposed area for this specific purpose (see diagram).
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It is my opinion that this petition will not hinder law enforcement
functions, public access, or any other obvious problems. The main portion of the
traffic for this development appears to be from Second Ave side of the complex
and thus not affecting the residence off of First Ave. This appears to be a high
scale development and the improvements the petitioners plan will actually be a
benefit to the area.
Thank you for your attention in this matter. If you have any further
questions, please feel free to contact me.
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!Monroe County Sheriffs OffitRi
2{.icfiard ff). 1?.9tfi! S fierijf
5525 CoaR,ge ~ad
'Xf-y West/TforUfa 33040
(305) 292-7000 :J5U: (305) 292-7070 1-800-273-COl'S
www.kf-ysso.net
Communications:
2796 Overseas Hwy.
Marathon. Fl. 33050
(305) 292-7075
FAX (305) 289.2493
To:
Captain Don Hiller
Commander, Sector 7
Substations:
From:
Colonel Rick Ramsay
Undersheriff
Freeman Substation
20950 Overseas H wy.
Cudjoe Key, Fl. 33042
(305)745-3184
FAX (305) 745-3761
Date:
10th Oct. 2006
Marathon Substation
3103 Overseas Hwy.
Marathon, Fl. 33050
(305) 289.2430
FAX (305) 289-2497
Ref. Two Road Abandonment Petitions
Captain Hiller, this is a time sensitive marter, so please take care of it yourself or have
your XO inspect the area.
Islarnorada Substation
87000 Overseas Hwy. W I kin ~ affi' tha'gh ul fth. ..
Islarnorada. FI. 33036 e are 00 g lor tr c Issues t ml t occur as a res t 0 IS request I.e. mgress
(305) 853-7021 and egress, emergency vehicle access, shifting of traffic, public use of the property, any
FAX (305) 853.9372 know,fissues with the property, illegal use of the property by the requestor and other
Spottswood Substation issues as identified by you or your staff.
88770 Overseas Hwy.
Tavernier, Fl. 33070
(305) 853-3211
FAX (305) 853-3205
Upon completion of the site inspection, please write up the outcome and
recommendation.
Detention Centers:
Key West Oct. Center
550 I College Road
Key West, FI. 33040
(305) 293-7300
FAX (305) 293-7353
Please forward your findings to myself so that a final recommendation can be made to the
County.
Thank you very much for your time in this marter.
d
Marathon Det. Facility
3981 Ocean Terrace
Marathon. Fl. 33050
(305) 289-2420
FAX (305) 289-2424
Plantation Det. Facility
53 High Point Road
Plantation Key. FI. 33070
(305) 853-3266
FAX (305) 853-3270
Special Ooerations
PO. Box 500975
Marathon, FI. 33050
(305) 289-2410
FAX (305) 289.2498
.I
,
LETTERS OF NO OBJECTION -
CONDITIONAL APPROVALS: UTILITIES
KEY LARGO WASTEWATER TREATMENT DISTRICT
FLORIDA KEYS AQUEDUCT AUTHORITY
FLORIDA KEYS ELECTRIC COOPERATIVE
BELLSOUTH
COMCAST CABLE
KEY LARGO WASTEWATER TREATMENT DISTRICT
POST OFFICE BOX 491; KEY LARGO~ FLORIDA 33037
PHONE (305) 453-5804 FAX (305)453-5807
.I!t;,
,.. "on5
Gel '0 /.;"U'
THE CRAIG COMPANY
KE" WEST R
October 13, 2006
Thomas W. Williams, Ph.D.
The Craig Company
P.O. Box 970
Key West, FL 33041
Re: MandaJay Major Conditional Use Application and Road Abandonment
Dear Mr. Williams,
I am sending this letter as a follow up to our telephone conversation regarding the abandonment
of East First Street and East Second Street in Key Largo at MM 97.4. Based on the site plan, it
appears that the proposed resort will be served by a wastewater treatment plant located on US 1.
Please be aware that once Key Largo Wastewater Treatment District provides this area with
sewer, the resort will be required to connect. Sewer is not expected to be available in this area for
another four years. However, that time line is subject to change.
Based on the information provided, I have no objection to abandoning the portion of East First
Street and East Second Street shown on the map enclosed with your letter dated October 10,
2006.
lfyou any further questions, please do not hesitate to can me at 305-453-5804.
Sincerely,
,-1!6Jade--
Margaret H. Blank. P.E.
cc: File
REceIVED
OCT 1 9 2006
Encl.
MONROE COUNTY ATTORNEY
Board of Commissioners: Chairman Claude Bullock, Commissioners Gary Bauman, Andrew Tobin, Norman Higgins. & Charles Brooks
Tk~~
October 12, 2006
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
Florida Keys Aqueduct Authority
Attn: Ed Nicolle
1100 Kennedy Drive
Key West, A 33040
Mailing Address: P. 0, Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Ref: Road Abandonment
Phone: 305/294.1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation, this letter serves as an agreement to provide
necessary easements and compliance with provisions for abandonment of 1 st Street and 2nd
Street for the Mandalay project. This letter serves as support to the Board of Directors letter
issued previously,
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
~
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RECEIVED
OCT ~ 6 2006
MONROE COUNTY ATTORNEY
Florida Keys
~~~o~~uct Authority /.,
~~~J~~f}lM,~5~2~,~~ ~..~
c:t:rt.'fJ
tfJ
Mary L. Rice
Chairman
Marathon
~.
J. Robert Dean
Vice-Chairman
Key West
Elena Z. Herrera
SecretaryfTreasurer
Rockland Key
Rose M. Dell
Big Pine Key
David C. Ritz
Key Largo
James C. Reynolds
Executive Director
October 26, 2006
Juan Fernandez, Project Manager
Mariner's Club Resort & Marina
97501 Overseas Hwy., Suite 201
Key Largo, FL 33037
RE: Request to abandon a portion of East First St. that separates Lots 30
through 33, Blk. 2 and the westerly 220 feet ofblk. 3, along with a
portion East Second Street that separates the westerly 125,8 feet of
Blk. 3 and Lots 1 and 2, Blk. 4 Mandalay Subdivision, Key Largo,
Florida
Dear Mr. Fernandez:
The FKAA Board of Directors approved at the May 23,2005 meeting, the above referenced project.
Pursuant to your request for the abandonment of the above-reference property, Staff has researched your
request and have no objection with this request with the following condition:
a. The applicant agrees to hire a contractor to cut the existing mains and install
flushout assemblies as shown in Attachment "A". FKAA Utility Permit will be
required for the water main work.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
?~~~
Edgar F, Nicolle, Ir.
Distribution Design Specialist
EFN/cma
cc: Kirk Zuelch, General Counsel
Arlyn Higley, Director of Maintenance Dept.
Monroe County Building Department
RECEIVED
OCT 2 6 2006
MONROE COUNTY ATTORNEY
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Oct 25 2008 02;42PI P002/005
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Applicant; Juan Femandez. Pmject Manager
Mariner's Club Resort & Marina
9750 I Overseas Hwy Suite 20t
Key Lar8o~ Fl33037
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Florida Keys
Aqueduct Authority ,._,'..
Post Office Box 1239 . , " , .,.. ,.<.. ,.,
1100 Kennedy Drive . -...,.... .
KvyWest, Florida 33041-1239 "..,~'.:.:'
Telephone (305) 296-2454 .' :. . .
www.fkaa.com .. .,,!: '
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No.7696 p. 3
Mary L. Aice
Chairman
Marathon
May.25.2005 9:07AM
May 4, 2005
J. Robart Dean
Vicg.Chairman
Key West
Elena Z. Herrera
SecretaryfTreasurer
Rockland Key
Rose M. Den
Big Pine Key
David C. Ritz
Key Largo
James C. Reynolds
Executiw Dimctor
.",;
Juan F em;;;;~
Mariners Club Resort & Marina
97501 Overseas Hwy., Suite 201
Key Largo. FL 33037
RE: Road Abandonment Portions of East First Street and East Second Street
Mandalay Subdivision, Key Largo
Dear Mr. Fernandez:
The FKAA has reviewed your request for abandonment for that portion of East FiJ'st Street that
separates Lots 30 tbru 33, Block 2 and the westerly 220 feet of Block 3 Mandalay Subdivision as
Recorded in Plat Book 1 Page 194 Monroe County along with a portion of East Second street that
separates the westerly 125.80 feet of Block 3 and Lots 1 and 2 Block 4, Mandalay Subdivision as
Recorded in Plat Book 1 Page 194 Monroe County
The FKAA has facilities located in the area to be abandoned, The applicant agrees to modify the
e'l:jsting facilities as per the enclosed sketch. (Attachment "A'") The relocation costs will be the
responsibility of the applicant. The relocation will require a Fl<AA pemlit.
Staff will recommend approval of the item based on the above-mentioned modification of the
water mains; however it will be the decision of the Board of Directors to issue a no-objection
letter to abandon the Right of Way.
Should you have any questions or require any further information please feel free to contact this
office. .
Sincerely Yours,
FLORIDA KEYS AQUEDUCT AUTHORITY
~~~/j
Edgar F. Nicolle, Jr.
Distribution Design Manager
EFN/cma
cc: Robert Feldman, General Counsel:
Norman Hatch P.E., Director of Engineering
Arlyn Higley, Director of Maintenance
Jim Lewanski, Upper Keys Operations and Maintenance MlUlager
Fax 3052931448
Oct 25 2086 02;42P1 PO03/005
RECEIVEO
M~R ~ t ~.~~5
I.IIIW
MARINER'S CLUB
KEY LARGO
RESORT & MARINA
FK,'\A..~_~H3~~.L~.::;JNG: Oti~;'
April 8, 2005
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Florida Keys Aqueduct AutJJority
1 too I<euoedy Drive
PO Box 1239
Key W~ F133041
n.r Mr. Bd Nicole,
I ana writiDg this Jetter for the abandonmeot 0(2 ms4ways at the Mlndtday Trailer Park,
Bast. lit Sttect and I!.a r' Stnlet. .. illustrated ia the .nad1ed site plan.
At this tim$ we would lib to request all abandOQPV!l!lf letter so that we, The Develop<<,
can proceed. with the ablndontneot pnKieSs tbroush the county. Any ad aD electriad
easements will be provided to you accchdiugly through the proJlOIe(llitc plm FKEC wiD
. also be given ample time 10 l'elocate existing Jines within these 2 streets.
1bank you in ach-ance for your attention in thiJ n.attcc.
FllX 3052931448
Oct 2l.i 20116 02;QpI PO04/005
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Applicant: JUIQ1 F'emmd~, Pro,iect Manager
. Mariner's Club Resort & Manna
97$01 Overseas Hwy Suite 201
Key Largo. PI 33037
Fax 3DS2931.u&
Oct 25 2008 02; d2P1l P005/005
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Applicant: Juan Fernandez. Project MJmager
Mariner's Club Resort & Marina
97501 Overseas Hwy Suite 201
J{ey largo, Fl33037
MMtJb (YY\~Jo.l:a 1rkPIMk)
~o.o-t \ J ~ _ ~ ~~. l-rJ 54.
Tk~~
OCT 1 7 2006
BY:
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
October 12, 2006
Florida Keys Electric Cooperative ~~~ID)
Attn: Robyn
91605 Overseas Highway 6~-. D
Tavernier, FL 33070
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West. Florida 33040
Ref: Road Abandonment
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation this date, this letter serves as an agreement to provide
necessary easements and compliance with provisions stated in the letter of no objection dated
April 18,2005 (attached).
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
~ Jt;v-e~w~l\ oJ~ k ~plTYlJ6\b~
.f 0 ( f' erY'(\ ~.J t"v~ (D~1 ovrvJ.. \.AM &.e'f-'\tC\dt+-e~
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Since. rely,. {~.. .
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To~ William,s, Ph.D/i4f- ~
Semor ASSOCIate (f
(Print Name) , FKEC Representative
KefT\-! K~l)~t:.) ~Ke.(, rn~l'\t\lJer o-fEn9;I1-ee(;I'\~
10/16/06
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FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCIATION, INC. - FKEC
91605 OVERSEAS HIGHWAY P.O. BOX 377, TAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAX: (305) 852-4794
April 18, 2005
Mariner's Club Key Largo Resort & Marina
Juan Fernandez, Architect. Project Mgr.
97501 Overseas Hwy
Key Largo, FL 33037
Re: Road Abandonment of 2 roadway easements at the Mandalay Trailer Park,
East 1 st Street and East 2nd Street
Dear Mr. Fernandez::
This letter is in response to your Road Abandonment Request received in our office dated
April 1, 2005.
Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC), has
reviewed the subdivision plat you provided and has no objection to the abandonment of
the 2 roadway easements at the Mandalay Trailer Park. FKEC will require future
easements in the new proposed condominium area.
Should you have any questions, please feel free to contact me at (305) 852-2431.
Sincerely,
---
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Tom Roebling
Staking Technician
TR:rjb
cc: John M. Burch
Tim Planer
B:\DATA\Word\ENG\Engineering Documents\No Objection Mandalay TP.wpd
Tk~~
October 12,2006
Comprehensive Planning
Resortffourism Planning
land Use Regulation
Development Feasibility
Site Design
Expert Witness
landscape Design
Bellsouth
Attn: Jim Yeager
Facilities Specialist
70 Atlantic Drive
Key Largo, FL 33037
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Ref: No Objection to Road Abandonment
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation this date, this letter serves as an agreement to provide
necessary easements and compliance with provisions stated in the letter of no objection dated
April 25, 2005 (attached).
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
Sincerely,
~i/~~
T-6m Williams, Ph.D/i~
Senior Associate
r r:~T"r BII h
1m eager, aCI Itles pecla 1st, e sout
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BELLSOUTH
@
Jim Y('!Il~or. P.F..
Facility SpeeillUst
nellSouth
70 Atlantic Or.
Key tario, Flnrida )3037
phone: (305) 45319864
Caclimile:( 30S} 451-4131
04/25/2005
File 11240.0900
Mariner's Club
Attn: Juan Femandez
97501 Overscaa Hwy
COQlitru.clion Tntiler
Re: R.elease of Right of Way, a portion ofB. )11 St..OO E. 214 St., Key Largo, Floritbl
Dear Mr. {ltlrmmQcz.
Bellsoulb has no objection to the above TcrereDCed right of WilY abandonment as described un you:' K~lch
daled 3131/0S with the f()"()wi~ IitipulatioJlll:
1. We will need you to place appropriate structures (conduit systems. hand holes) in order tilr us to
serve the new phase of ConstnlCtWL
2. You will be tellponsib1e to pay for the tetouUna of cabJeJl in order {O feed tbe properties H tbe
North of your abandonment to 1 at Ave,
Tfyou have MY questions concernin&: this you can call me at the ;above number,
Sincerely,
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Speciali.t
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97501 Ovencas Bwy. Suite 201
Key Largo, Fl33037
RB: Road AbandoJtmmtt
East Seooftd St and Bast Fttst St
1(cy Largo, Florida 33037
DearMr.P~
@omcast
c. ....c.we
.1010 r...-t,nme.
SaiIIo 200
Illy W'8!Itt pt. 33040
RECEIVED .
OCT 2 4 2006
MONROE COUNTY ATTORNEY
ComaIst has DO objections to 1bB ~I.n~ of1be secticm, Of Bast Second Street
as descnDed in yom letter. Wo have DO objection to the abIIndof1meat of tho section
of Bast First St. provided ~ am gMng a Utility ENemer\t for oar lines in ~
ana
If you have any questic:JDs ... are in need of furtbd information pleaae ~ct me at
305-8Q9..12S5.
Sincerely .
.3J!
CoDstmcti.on Terlmichm
0lrnc8st Cable. Florida ~
_._.___.10- ~ ......-.......--.---..--. ..- ...
PETITIONER'S LETTERS OF COMPLIANCE
A. 9/19/2006 Letter from Tim Thomes, P.A.
B. 9/18/2006 Letter from Tim Thomes, P.A.
C. Draft proposed PUBLIC ACCESS AGREEMENT
D. 7/29/2005 Agreement of Mutual Cooperation
E. 7/26/2005 Letter from Nicholas W. Mulick, P.A.
F. 7/21/2005 Email from Suanne Hutton
Timothy Nicholas Thomesy RAo
Attorney and Counselor at Law
99188 Overseas Highway. Suite 8.. P.O. Box 3318 a Key Largo. Florida 33037
(305]451-4053 .. Fax (:305) 451-3768 Q Mobile (305) :384-1114
E-Mail Keyslawoeerthfink.net/TNThomesoeerthlink.nst
Jerry Sanders, Assistant County Attorney
Mauthon Government Center
Marathon, Florida 33050
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Attached are the drawings and legal descriptions for East 1st and 2nd Street I
Mandalay Subdivision. Per my prior communication, we are in the process of having il
2nd Avenue and its setbacks surveyed and will provide you with that drawing and legal
description as soon as it is available.
If you have any additional questions. please do not hesitate to contact me. I
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September 19, 2006
Re:
Ocean Sunrise Associates, LLC/Mandalay Road Abandonment
Our File No. 05-4918A
Dear Mr. Sanders:
mes
cc:
VIA E-MAIL ONLY (Sanders-]erry@monroecounty-fl.gov)
.. EuF.. Gaines Surveying Services, Inc..
DESCRIPTION . .
. ofaportionofEast Second Street Right-of-Way, .
. being part ofMandalay Subdivision located in
Seetion 6,. TOwnship 62 South, Range 39 East, Monroe County, Florida
. .
All that part.ofEast.SeOOnd Street Right~f-way. pet the-subdivision pllt of Manda lay
located in Section 6. Township 62 South, Range 39 East, Monroe Cowny; Florida, being'
._~:-~--:--moFepartia1larly.d~-ae.fellewF.- -- ...-- _.. ..~.; .' m .__._______ __- _, ._ __._....__.., _.u: u__. u.__
BEGINNiNG atthe intersectiOn oftbe northerlymostcomer of Lot 2, BlOCk 4, and the
soutIieisterly. ri8ht-af-way line ofEut Second s-treet per said sUbdivision'plat of,
~~; - ..
. thence aIong said southeasterly right-of-way line S.4S.00'OO"W. for 100.80 feet;
.. thence cOntinue along siid right-of-way line southerly 39.37 feet iloog the arc of a
tangential circular ~,concave to the east. baving a radhis of2S,.OO teet, through 8 .
. eCm1ral augJe of90.oo'{)O", and being ~ by a chOrd which bears S.OO.OO'OO"E. .
, ,for 35.56 feet to the no~y right-of-way line of SeWnd- Avenue per Said .
'. subdivision plat ofMaDdalay; . '. .
. ~ tbeaice along said northeasterly rigbt~-way line ofsaid Second Avenue, N.4S.00'QO"W.
tbt.1OO.OO feet to the northwesterly right-of-way line of said East SeCo1Jd S~; . '
. '. t&ence alo.ng .iBid right-of-way line easterly 39.31 feet along the arc .of a non-tangontiaI.
. circultr curve ~Veto,the ~ having a radius of2S.00,r. throu8h a centtaI.angle' . .
-: of90GOO'OO" and being subtended by a: chord which bears S.90.00'OO"E.' f~ 35.36 feet;
" . thence continue along said right-of-way line N.4S.00'OO"'East.fuc '100.79 ft:et to the Point
. Of Beginning of the Parcel herein deScribed;. . .
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. Subjecfto'e8seinents.restrictionS ud reservatiOns of record; .
Contiining65~6 .square feet; more odeis; .
Prepared'by E.P,Gaines Surveying Services. Inc.
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E.;/F., Gaines Surveying Servicesw Ine"
. DESCRIPTION.
. of a portion of East First Street Right-of-Way,
be.iIig part ofMandalay Subdivision located in . .
. Section 6, TownShip 62 South, Range 39 East.M6nroe County, Florida
All' that part ofEut FIrSt street Right-of-way, per the subdivision plat of~ay
· located in Section 6,.Township 62 SoUth, ~e 39 E~ Monroe County, F1ori~ being
- --"more-particulady-deseribed-u.fallows:-"-,":'.,..":_..- ...:.. - .... -...-.. --. .. ~ .----- ,,:--- ---.---.----.....:.---. .......
. . BEGlNNING at thelOteisection of the easterIymOst cOmet olLOt 30, Block 2, and the
. . nortIiwesterly rlgbt-of-WaY line of~ First Street per said subdivision plat ofMandaJay;
tbence.S.4S.00'OO''lt for 50.00 feet to the southeasterly right-of-way line of said East .
Firit Street; . .' .' . . .
. . 'tbenc.e along said soutbeastedy rl8bt-Of-way line S.4S"OO'OO"W. fur 17.5.00 feet~
~ continUe alons Said rigbt-o~way line southerly 39.37'~ aloogthe arC ora .
~ oircular curve eoncavc to the ~ having a radius 'of2S.00 feet, 'Um>ugh a
ceDIn11.augle of90"OO'OO" ~ being subtcnded by a chord which betln S.OO.OO'OO"E,
. fOr 3~.S6 feet to the nOrt&eastedy right-of-way line of Second Avenue per said
_ subdivision plat ofMandalay; .. .
thenee along said northeasterly ~~-of-way Ii~ of said Sec:ond.Avenue~ N.4S"OO'OO"W.
for 100.00 &:iet to the northwe.-Iy right-Of-way Me .of said East First Street;
. thence along said right':"Ot.way.1ine easterly 39.37 feet aJoog the arc of a non-tangential .
. .- ciraJJa.f curve c;oncave to the north, having.a radiUs of25.00 .f., through a central angle .
of90"OO~OO'" and being subfended by.a chord which bears S.90"OO'OO"E.. for 3S.36 ~. .
.t:Iience con_ aic,sJS said right-of,.WaY fuie.N.4S.00'OO"Eatit for 175;00 feet to the Point
of Be Sinning of the Parcel herein described;
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~ are b8sedon the centerline of East First Street being N.4S"OO'00"'E.
. : Subject to ~1 ~ctions and ~atiODs ofrecord; .
Containing 10268 square feet, moce Or less;. .
Prepared byE.F.Gaines SurveYing ServiceS, me..
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Timothy Nicholas Thomest RA.
Attorney and Counselor at Law
99198 Overseas Highway, Suite.s . P.O. Box 3318 · Kev Largo, Rorida 33037
(:305) 451-4053 · Fax (305) 451-3768 . Mobile (305) 384-1114
E-Mal Kayslewo earthlink.net / TNThomesOl!l8rthfink. net
September 18, 2006
Jetty Sanders, Assistant County Attorney
Marathon Government Center
Marathon, Florida 33050
Re: Ocean SW11'ise Associatest LLCjMandalay Road Abandonment
Our File No. 05-4918A
Dear Mr. Sanders:
In compliance with yOUl: request, the following is the synopsis of the agreement
reached at the meeting attended by Thomas Willi, Ty Symroski and my client, Ocean
sunrise Associates, LLC (hemneiftcr "OSA''') on 9/05/06.
1. The Planning Department (Mr. Synuoski) agreed to recommend abandonment of 1 S[
and 2nd Street (parts of East first and Second Street Rights of Way. subdivision plat of
Man4alay located in Section 6, Township 62 South Range 39 East, Key Largo, Monroe
County, Florida) with the following conditions:
a) My client would execute the access easement for 2nd Street in the form we have
previously agreed.
b) My client would agree to maintain, landscape and otherwise improve 2nd Avenue
and its side setbacks as directed by the county. and subject to whatever
inspections and conditions the county deems necessary from time to time.
c) The approval by the BOCC to the abandonment of 1st and 2nd Streets would be
subject to a reverter clause in standard form (I can draft for yaw: review) which
would revert the abandoned property back to the county if my client's
development is not approved, or the project is not constructed.
d) My client would also improve, landscape and otherwise maintain the boat ramp
located at the Atlantic water ward termination of 2nd Avenue (subject to
required governmental approvals).
I hope this provides you with the information you need to proceed to place this
issue on the BOCC meeting agenda. At the meeting, Mr. Willi and Mr. Symroski
understood and agreed that any road abandonment or other issues related .to Sam Stoia's
property is not related to, nor does it prevent, the right of pSA t() .ID.()ve .f()~a,rd ~jth .
these ro~4 .abanqOl;l~ents. . '.. . ...
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Jerry Sanders. Assistant County Attorney
September 18. 2006
Page 2
If you have any questions, please do not hesitate to contact me,
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Respectfully submitted.
cc: Client
VIA E-MAIL ONLY (Sandcrs-J erry@monroecounty-fl.gov)
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t:.a.;:''CIllt::U L Page 1 of 1
From: Hutton-Suzanne
TO: tnthomes@earthlink.net; Romero-wally
Date: 2/23/2006 9:53:57 AM
subj ect: Easement
Tim:
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I can see the problem which Mr. Dacquisto has with the easement as it is currently
worded. The wording can, and probably would, be interpreted by the courts, if it
ever cam€ to that. as allowing ingress & egress only to officials, agents, and
employees of Monroe County, not to the general public. I understand from our
discussions that there is a desire to limit the access so that every Tom, Dick & Harry
from Miami-Dade won't be trailering their boats. etc. through the area in question.
However, it seems that different language would assure that neighborhood property
owners would continue to have access. Accordingly. please consider changing the
third Whereas c1auseLJ~d the Now Therefore clause to read:
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WHEREAS, as J condition of that abandonment Grantee has requested Grantor ..A..
agree to this/access easement to ensure that after the abandonment, property ~ .
owners in the Mandalay subdivision and their guests and invitees will have
ingress and egress across the portion of East Second Street Right-of-way
described in Exhibit" A" that is abandoned by Grantee;
NOW. THEREFORE, for and in consideration of the accessibility herein made
available to Grantee. the Grantor does grant to Grantee on behalf of property
owners in the Mandalay subdivision, their successors. and their guests and
invitees, a perpetual access easement on and over that portion of East Second
Street, described in Exhibit "A n and attached hereto for the purposes of ingress
and egress only.
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1 would actually prefer the grantee be the property owners of the subdivision becausef/f
leaving the County in as Grantee implies that we still have a burden of enforcing the '" ..
easement if the neighbors feel they have been improperly denied access. There . .
would seem to be little reason for abandoning the road if we retain any kind of
responsibility for it.
Suzanne A. Hutton
. .. .
. - .- ~ . '. . - ..". ~.. '.. -: .-.~...:: -:. .: : ~. ~ ~ ..,
file~/IC\DOCUmeb1ts and Sett:ings\timothy no thomes\Localoo.
2/23/2006
e"
Return to:
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio) Number(s):
Alternate Key No.
Space Above This line for Processing Data
Space Above This line for Recording
PUBLIC ACCESS EASEMENT
THIS EASEMENT, made this day of _____ 2006, by and
between Ocean Sunrise Associates, LLC, a Florida limited liability company, Grantor,
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, to
~~e~, Grantee.
WITNESSETH:
WHEREAS, the Grantor has petitioned Grantee to abandon that portion of East
Second Street as set forth in Exhibit "A" attached hereto; and
WHEREAS, the Grantee is willing to allow Grantor to abandon a portion of East
Second Street Right-of-way being part of Mandalay subdivision located in Section 6,
Township 62 South, Range 39 East, Monroe County, Florida, more particularly described
on Exhibit "A"; and
WHERE~S, s a condition of that abandonment Grantee has requested Grantor
agree to this IC access easement to ensure that after the abandonment, property
owners in the andalay subdivision, and their guests and invitees, will have ingress and
egress across that portion of East Second Street Right-of-way described in Exhibit "A"
that is abandoned by Grantee;
NOW, THEREFORE, for and in consideration of the accessibility herein made ~
available to Grantee, the Grantor does grant to Grantee on behalf of property owners in _ Afj~ .
the Mandalay subdivision, their successors and their guests and invitees, a perpetual ,0f.Y/
easement on and over that portion of East Second Street, which is described in
Exhibit "A" and attached hereto for the purpose of ingress and egress only.
- 1 -
IN WITNESS WHEREOF, Grantor has executed this easement, on the day and
year first stated above,
GRANTOR:
OCEAN SUNRISE ASSOCIATES, LLC,
A Florida limited liability company
By:
Printed Name:
Managing Member
WITNESSES:
STATE OF FLORIDA
COUNTY OF
)
)
The foregoing instrument was acknowledge before me this ____ day of
_____ 2006, by , as Managing Member
of Ocean Sunrise Associates, LLC, a Florida limited liability company, who is () personally
known to me or ( ) who provided ________ as identification and who did take an
oath.
Typed Notary Name and Number
Notary Signature and Seal
- 2 -
EifF. Gaines Surveying Services.. Inc.
DESCRIPTION
ofa portion of East Second Street Right-of-Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
(for Proposed Public Access Easement)
All that part of East Second Street Right-of-way, per the subdivision plat ofMandalay located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, being more particularly described as
follows:
BEGlNNlNG at the intersection of the northerlymost comer of Lot 2, Block 4, and the southeasterly
right-of-way line of East Second Street per said subdivision plat ofMandalay;
thence along said southeasterly right-of-way line S.45000'OO"W. for 100.80 feet;
thence continue along said right..of-way line southerly 39.37 feet along the arc of a tangential circular
curve concave to the east, having a radius of2S.00 feet, through a central angle of90000'OO'' and being
subtended by a chord which bears S.OOoOO'OO"E. for 35.56 feet to the northeasterly right-of-way line of
Second Avenue per said subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'OO"W. for 100,00 feet
to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential circular curve
concave to the north, having a radius of25.00 feet, through a central angle of 90000'00" and being
subtended by a chord which bears S.90000'OO''E. for 35.36 feet;
thence continue along said right-of-way line N.45000'00"East for 100.79 feet to the Point of Beginning of
the Parcel herein described;
Bearings are based on the centerline of East Second Street being N.45000'00''E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F.Gaines Surveying Services, Inc.
~~~
lza F. G8.ines,PSMFloridaLicenseNo. 4576
0~
Date
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: OI69-1102-009.dwg
Revision: 1/13/2006 (added "Proposed Public Access Easement")
.. , .
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PhOne: 23941 ~126 9 Fax; 239SlJnfey@i:FGaines~com
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~a;~~iM1I'illIIMII!:~
Mayor Char\eS "Sonny" McCoy, DistriCt 3
Mayor Pro Tern Murray E. NelSon, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, DIstrict 1
tJl/Ja -l1Ae ~ ~
502 WMt6aJ SNIt, !lIMA
!lNt f)fIb SJ.a.1026
.'TUy Wut, !II!, 33041-1026
(305) 292-3470
MEMORANDUM
TO:
Marlene Conaway, Planning Director
Dave Koppel, County Engineer
Clark Martin, Fire Chief
Kathy Peters fur: ,1 \\ 'It.
Suzanne A. Hutton, Assistant County Attorney \r ~
FROM:
RE:
Road Abandonment Petitions: Mandalay Subdivision, Key Largo, FL
Petitioner: Ocean Sunrise Associates, LLC
Part of East First Street, Key Largo, FL (MM 97.5 Ocean)
Part of East Second Street, Key Largo, FL (MM 97.S Ocean)
Petitioner: Sam Stoia (Rock Harbor ~ Inc.)
Portion of East Second Stret, Key Largo, FL (MM 97.5)
Agreement o/Mutual Cooperation dated 7/29/05
DATE:
November 22, 200S
Enclosed please :find a copy of the "Agreement of Mutual Cooperation II between Ocean Sunrise Associates,
UC and Sam Stoia (Rock Harbor Marina, Inc. and Oceanside Marina, Inc.) dated 7/29/05 relating to the
above-referenced Road Abandonment Petitions to abandon portions of East First and East Second Streets,
Mandalay Subdivision, Key Largo. This Agreement should have been included with our November 9th
memorandum to you and does actually show the parties have agreed to each other's abandonment petitions.
SHkmp/
Enclosure: "Agreement of Mutual Cooperation II dated 7/29/05
1;)
AGIU,RMENT OF MUTUAL COOPERATION
THIS AGREEMENT is entered into on the 21- day of July 2005 between Ocean
Sunrise Associates. LLC1 a Florida limited liability companY1 and Rock Harbor Marina, Inc.?
a Florida corporation and M. M. 97.5 Key Largo Oceanside Marina, Inc.) a Florida
corporation.
WHEREAS, the parties hereto have filed or are in the P1'Qcess of filing applications
to abandon portions of East First and East Second Streets in Key Largo, Monroe County,
Florida, and
WHEREAS, the parties hereto believe it is in their mutual interest to cooperate and
assist one another in the processing of their respective applicatioDs for road abandonment,
NOW THRRHFORR, in consi~eration of the sum of $10.00 (TEN DOLLARS and
00/100), and other good and valuable consideration, the receipt whereof is hereby
acknowledged, the parties hereby agree as follows:
1. The parties shall share with one another information relative to their
applications for road abandonment.
2. The parties agree neither shall object to or otherwise obstruct the other party's
road abandonment applications nor shall either party do so through any agent.
employee or other third party.
3.' At any and all hearings held in connection with their applications for road
abandonment, the parties shall support the other party's road abandonment
application and provide reasonable assistance to the other party so as to
facilitate the approval of both parties' applications for road abandonmenrs.
IN WlTNHSS WHRREOF, the parties have executed this Agreement on the day first
written above.
Ocean Sunrise Associates, LLC,
a Florida limitedllability corporation
By:
If~h
(print Name of Witness)
l' ~ : . L. v' "IJ U I..l I I . oj unln
~--
Ko:;~ K. Tl>~S
(Print Name of Witness)
~~-
mess
~ M. -r OnlC'l.~
(Print Name of Witness)
~
J~
ess
~os.q H. -rOr>JLCl.S
(Print Name of Witness)
II U ' U U oJ oJ r. I..
Rock Harbor Marina, Ine,.
a Florida corporation
By:
~ C- 4~-,
Samuel C. Stoia, as President
M. M. 97.5 Key Largo
Oceanside Marina, Inc.,
a Florida corporation
By: #'.e I~
,- Samuel C. Stoia, as President
2
Law Offices
Nicholas W" Mulick
91645 Overseas Highway
Tavernier, Florida 33070
(305) 852-9292 .. (305) 852-8880 FAX
July 26, 2005
Via facsimile 305-292-3516
Suzanne A. Hutton, Esq.
Monroe County Attorneys Office
PO Box 1026
Key West, FL 33041-1026
Re: Mariner's Club East First and East Second Streets Road Abandonment Applications
Dear Suzanne:
I am writing as a follow-up to our recent telephone conversation regarding additional
requirements for review and approval of the above-referenced road abandonment
applications. I have reviewed this matter with my client which has indicated that it will
construct turnarounds at the end of each of the abandoned right-of-ways such that it will
be unnecessary to obtain letters of consent from adjacent property owners. This
configuration of the right-of-way will limit the abandonment to portions of the right-of-way
that abut property owned only by my client.
Please contact me upon your receipt of this letter if this does not suffice to address the issue
concerning letters from adjacent property owners. Thank you for your kind cooperation.
Very truly yours,
NICHOLAS W. MUUCK, PA
BY~Q:P
RECEIVED
~
JUL 2 7 2005
NM/lc
I\!JONROE GaUNT'f ATTORNE'
cc:
Mariner's Club
e
PetersaKatherine
........... """" ...,
From:
Sent:
To:
Cc:
SUbject
Hutton-Suzanne
Thursday, July 21, 2005 12:04 PM
Usa Carey
Peters-Katherine; Koppel-Dave; Conaway-Marlene; Romero-Wally
East First & Second (Mandalay)
Lisa,
I received the Comcast fax, so the utilities seem to be covered. On June 3, we sent you a
letter advising that we still need letters of no objection from affected property owners. I
believe I spoke with Nick to the effect that if the applicant can design a clear alternative so
that adjacent property owners would not be affected by the proposed abandonment, the
petition could go forward to the BOCC. We have directed the petition to the departments for
their review but will need those letters of no objection or something which clearly
establishes that there will be no effect on the adjacent property owners before going forward
to the aocc.
8u.un_.;;t "Hu,,-
1.
F
~t-. hrs~ @--,
.6t~r ~~st
EXHIBIT F.
Letters of No Obiection - All Affected Property Owners
1. 7/26/23005 Letter from Nicholas W. Mulick, p.A.
2. 7/21/2005 Email from Suzanne A. Hutton
3. 6/3/2005 Letter from Suzanne A. Hutton with
corresponding 6/24/2005 note to file
Law Offices
Nicholas We Mullek
91645 Overseas Highway
Tavernier, Florida 33070
(305) 852-9292 .. (305) 852-8880 FAX
July 26, 2005
Via facsimile 305-292-3516
Suzanne A. Hutton, Esq.
Monroe County Attorneys Office
PO Box 1026
Key West, FL 33041-1026
Re: Mariner's Club East First and East Second Streets Road Abandonment Applications
Dear Suzanne:
I am writing as a follow-up to our recent telephone conversation regarding additional
requirements for review and approval of the above-referenced road abandonment
applications. I have reviewed this matter with my client which has indicated that it will
construct turnarounds at the end of each of the abandoned right-of-ways such that it will
be unnecessary to obtain letters of consent from adjacent property owners. This
configuration of the right-of-way will limit the abandonment to portions of the right -of-way
that abut property owned only by my client.
Please contact me upon your receipt of this letter if this does not suffice to address the issue
concerning letters from adjacent property owners. Thank you for your kind cooperation.
Very truly yours,
NICHOLAS W. MUUCK, PA
B~9:~
RECEIVED
.----"
JUl 2 '7 2005
NM/1c
MONROE COUNTY ATTORNE'
cc:
Mariner's Club
~
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Subject:
Hutton-Sm:anne
Thursday. July 2'1,2005412:04 PM
Lisa Carey
Peters--Katherine; Koppel-Dave; Conaway-Mariene; Romero-Wally
East First & Second (Mandalay)
Lisa,
I received the Corncast fax, so the utilities seem to be covered. On June 3, we sent you a
letter advising that we still need letters of no objection from affected property owners. I
believe I spoke with Nick to the effect that if the applicant can design a dear alternative so
that adjacent property owners would not be affected by the proposed abandonment, the
petition could go forward to the BOCC. We have directed the petition to the departments for
their review but will need those letters of no objection or something which clearly
establishes that there will be no effect on the adjacent property owners before going forward
to the BOCC.
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(3051294-4641
r'~--
BOARD OF COIPITY COMMiSSIONERS
Mayor Dixie M. Spehar, DIstrict 1
Mayor Pro Tern "Sonny'" McCoy, District 3
Munay E. Nelson, DiSbict 5
George Neugent, District 2
DavId P. RIce, District 4
C9f1ia oJ tAe &anbJ- ~
502 ~ Stud, !/hafr,
9'ut (J/Ih!Ilea: 1026
:TWj Wut, !II!, 33041-1026
June 3, 2005
.....-::'.-:~~:, -
'....,_..~. -....'.'.......
'--_.~ --',"
'.~-'~~ ~>,.c'
Nicholas W, Mulick, P.A.
91645 Overseas Highway
Tavernier, FL 33070
RE: Road Abandonment Petitions - Part of East First Street, Mandalay Subdivision, Key LacKO, FL
Part of East Second Street, Mandalay Subdivision, Key Largo, FL
Dear Me, Mulick:
In looking over an aerial photo from 1996 and the strip maps which are available in our office when
same are not provided by the Petitioner, I noted several affected properties but no letters of no objection from
their owners. Monroe County Code ~ 16-1 (b) requires letters of no objection :from their owners. It appears
that sub-paragraphs (1) and/or (3) may render owners of the following to be affected and therefore require
their consent:
Block 4, Lots 3 and 4
Block 3, the Eastern Portion
Block 2, Lots 28 and 29
Please provide letters of no objection from all property owners who may be affected by the proposed
abandonment(s), in addition to the required letter of no objection from the cable company as previou~ly
advised, The Petition process is unable to proceed until this required documentation is received by our office
for inclusion in your Petition(s). Should you have questions or concerns, please feel free to contact myself or
Suzanne Hutton, Assistant County Attorney, by phoning our main office at (305) 292-3470,
&lnrerdy, fk.
Kathy ~ for
SUZANNE HUTION
Assistant County Attorney
SH:kmp
Enclosures
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/06 - KL
Bulk Item: Yes No -X-
** 3:00 P.M. PUBLIC HEARING **
Division: CountyAttorney's Office
Staff Contact Person: Bob Shillinger/Jerry Sanders
AGENDA ITEM WORDING:
A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the
County and the public in and to a portion of East Second Street, being part of Mandalay Subdivision
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, of the Public
Records of Monroe County, Florida (Key Largo) and approval of the correlating Reverter Agreement,
Public Access Easement, and Maintenance Agreement to be attached and made part of the Resolution
ITEM BACKGROUND:
Petition was received 5/25/05. The Petition has been reviewed and conditionally approved by Planning
(9/19/06), Engineering (4/6/06) and the Fire Marshall (5/15/06) and the Petitioner provided written
compliance with the conditions. An executed Public Access Easement ensures public access to potential
affected property owners and the general public and, along with the site plan developed in coordination
with Staff, addresses public safety issues. An executed Maintenance Agreement provides for
improvements and maintenance to a portion of East Second Avenue, Key Largo. An executed Reverter
Agreement provides for return of the abandoned portion of right-of-way to the County if the project is
ultimately not approved by the County or if the Petitioner does not undertake development within two
(2) years from the date of the approved road abandonment.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 517-2006 setting Public Hearing for 11115/06 at 3:00 P.M. in Key Largo, FL
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution and approval of Public Access Easement, Maintenance Agreement and
Reverter Agreement to be attached and made a part of the Resolution.
TOTAL COST: Petitioner Pays
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
Not Required_
DISPOsmON:
AGENDA ITEM #
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO.
- 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF EAST
SECOND STREET, BEING PART OF MANDALAY SUBDIVISION
LOCA TED IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FWRIDA, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA (KEY LARGO) AND APPROVAL OF
THE CORRELATING REVERTER AGREEMENT, PUBliC ACCESS
EASEMENT AND MAINTENANCE AGREEMENT.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways, and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties
present wishing to speak on the matter, and all premises considered concerning the renouncing
and disclaiming of any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Petitioner provided an executed Reverter Agreement for return of the
abandoned portion of road if the Mandalay Property is not approved for development and if the
Petitioner does not undertake development within 2 years from the date of this Resolution (which
time will be extended for a reasonable period provided the Petitioner is substantially moving
forward with development), said Reverter Agreement being attached hereto as EXHIBIT I, and
made a part of this Resolution; and
WHEREAS, the Petitioner provided an executed Public Access Easement to Monroe
County to ensure that after the abandonment, property owners in the Mandalay subdivision, and
their guests and invitees and the public, will have ingress and egress across that portion of East
Second Right-of-way described in Exhibit "A" to the Easement, said Public Access Easement
being attached hereto as EXHIBIT IT, and made a part of this Resolution; and
WHEREAS, the Petitioner provided an executed Maintenance Agreement to improve and
maintain that portion of East Second Avenue shown on Exhibit B of the Agreement; said
Maintenance Agreement being attached hereto as EXHIBIT ITI, and made a part of this
Resolution; and
WHEREAS, the Board has determined that vacation of the said road is for the general
public welfare, and conforms to the requirement of Fla. Stat. Secs, 336.09 and 336.10; now,
therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby
1, Renounces and disclaims any right of the County and the public in and to the
following described streets, alley-ways, roads or highways as delineated on the hereinafter
described map or plat, to-wit:
All that part of East Second Street Right-of-way, per the subdivision plat
of Mandalay located in Section 6, Township 62 South, Range 39 East,
Monroe County, Florida, being more particularly described as follows:
BEGINNING at the intersection of the northerlymost comer of Lot 2,
Block 4, and the southeasterly right-of-way line of East Second Street per
said subdivision plat of Mandalay;
thence along said southeasterly right-of-way line S.45000'00"w. for
100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the
arc of a tangential circular curve concave to the east, having a radius of
25.00 feet, through a central angle of 90000'00 " and being subtended by a
chord which bears S.OOoOO'OO" E. for 35.56feet to the northeasterly right-
of-way line of Second A venue per said subdivision plat of Mandalay;
thence along said northeasterly right-of-way line of said Second Avenue,
N.45000'00" W. for 100.00 feet to the northwesterly right-of-way line of
said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a
non-tangential circular curve concave to the north, having a radius of
25.00 feet, through a central angle of 90000'00" and being subtended by a
chord which bears S.90000'OO" E. for 35.36 feet; thence continue along
said right-of-way line N45000'00" East for 100.79 feet to the Point of
Beginning of the Pracel herein described;
Bearings are based on the centerline of East Second Street being
N.45000'00''E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F Gaines Surveying Services, Inc
(See Attached Exhibit A)
2. Accepts and approves the Reverter Agreement (attached as EXHIBIT I), the
Public Access Easement (attached as EXHIBIT ll), and the Maintenance Agreement (attached as
EXHIBIT 1II) and made a part of this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 15th day of November, 2006.
Mayor McCoy
Mayor Pro Tern Spehar
Commissioner Neugent
Commissioner Murphy
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
MayoriChairperson
(KMP:RAP: EAST SECOND ST. KL MANDALAY SUB 11.15,,06)
. E.F. Gaines Surveying Services,. Inc.
DESCRIPTION
. ofa portion of East Second Street Right-of-Way,
. '. being part ofMandalay Subdivision located in
.Section 6, Townshi}> 62 South, Range 39 East, Monroe County, Florida
... All that part.ofEastSecond Street Right~f-way,per thesubdlvision plat of Manda lay
located in. Section 6, Township 62 South, Range 39 East, Monroe County; Florida, being
. ..- .:~._._..~-.~.moFe.partiw1arly-desGribed:..as-feUews-;.- _.- ....-- ~.. ...'. ..:. '", - -.. .-------.:--.--~. ".-.---" _._._.~-_.-_..: . .-~-_.- ...,..-.- ,
BEGINNING at"the intersection of the northerlymost-corne.r of Lot 2, Block 4, and the
soutlie8.sterly- righi~f-way line of East Second Street per said silbdivisionplat of,
Mandalay; . . . . ... .. ..
thence along said southeasterly right-of-way line S.4S.00'OO"W. for 100.80 feet;
'.. thence continue along said right-of-way line southerly 39.37 feet along the arc ofa'
tangential circular curve concave to the east, having a radius of2S,OO feet, through a
. central angle of90~OO'OO", and being subtendOO by a chord which bears S.OO.OO'OO"E, .
. :. for 35.56 feet to the northeasterly right-of-way line of Second' Avenue per. said'
. . . .subdivision plat ofMandala}1 .. .'. .: .
.. - therice along said northeasterly right"'Of-way line of said Second Avenue, N.45"OO'qO"W.
. . for 1 00. 00 feet to the northwesterly right-of-way line of said J.3ast SeCond Str~; . .
. thence al{)ng Said right-or-way line easterly 39.37 feet along the arc.ofa non-tangentiaI.
'. circuhu' curve con~veto.the no~ having a radius of2S,OOfeet; through a central. angle . .
: of90.oo'00" and beirig subtended by i chord which bears .S.90"OO'OO"E..fqr 35.36 feet;
... - thence continue along said right-of-way line N.4S'OO'OO;'EastforlOO. 79 feet to the Point .
__ of Beginning of the Parcel herein de~ribed;. ..
. Bearings are' baSed on the 'centerline ofEas! Seconci Street beiDg N.4S.00'00"E.
. Subjecito'easeinents,restrictions end reservations of record; . .
Containing 65$6 .square feet, more or less; . .
Prepared by E.F., Gaines Surveying Services, Inc.
'F. Ga41es~'PSMFloridaLicense'No. 4576
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County,
Florida, will hold a public hearing on November 15, 2006 at 3:00 P.M., at the Key Largo Library,
Tradewinds Shopping Center, 101485 Overseas Highway, Mile Marker 101, Key Largo, Florida,
for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall
be abandoned:
All that part of East Second Street Right-of-way, per the subdivision plat of Mandalay located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being more particularly
described as follows:
BEGINNING at the intersection of the northerlymost comer of Lot 2, Block 4, and the southeasterly
right-of-way line of East Second Street per said subdivision plat of Mandalay;
thence along said southeasterly right-of-way line S, 45 000'00 "W. for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a tangential
circular curve concave to the east, having a radius of 25.00 feet, through a central angle of 90000'00"
and being subtended by a chord which bears S. 00000'00" E. for 35.56 feet to the northeasterly right-
of-way line of Second Avenue per said subdivision plat of Manda lay;
thence along said northeasterly right-of-way line of said Second Avenue. N.45000'00" W for 100.00
feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential circular
curve concave to the north, having a radius of 25.00 feet, through a central angle of 90000'00" and
being subtended by a chord which bears s'90000'00" E. for 35,36 feet; thence continue along said
right-of-way line N.45000'00" East for 100.79 feet to the Point of Beginning of the Pracel herein
described;
Bearings are based on the centerline of East Second Street being N. 45000'00''E,
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc,
Pursuant to Section 286,0105, 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 hearings or meetings, 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 18th day of October, 2006.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication date:
The Reporter (Fr) 10/27/06
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO. 517 -2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF EAST SECOND STREET, BEING PART OF
MANDALA Y SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 62
soum, RANGE 39 EAST, MONROE COUNTY, FLORIDA, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO).
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and
disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or
highways, and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing
due notice of said hearing in accordance with said Chapter, now, therefore,
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board will hold a public hearing on November 15, 2006 at 3:00 P.M. at the Key Largo
Library, Tradewinds Shopping Center, 101485 Overseas Highway, MM 101, Key Largo, Florida, to
determine whether or not the Board will renounce and disclaim any right of the County and the public in and to
the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or
plat, to-wit:
All that part of East Second Street Right-of-way, per the subdivision plat of Mandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the northerlymost comer of Lot 2, Block 4, and the
southeasterly right-of-way line of East Second Street per said subdivision. plat of
Mandalay;
thence along said southeasterly right-of-way line S.45000'00"w. for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a
tangential circular curve concave to the east, having a radius of 25. 00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears 8.00000'00" E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat of Manda/ay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00" W.
for 100.00 feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central
angle of 90000'00" and being subtended by a chord which bears S.90000'00" E.for 35.36
feet; thence continue along said right-of-way line N.45000'00" Eastfor 100.79 feet to the
Point of Beginning of the Parcel herein described;
Bearings are based on the centerline of East Second Street being N.45000'00"E.
Subject to e~sements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F Gaines Surveying Services, Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 18th of- October, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie M. Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
Yes
Yes
Yes
Yes
Yes
(SEAL)
AITEST: D~. GE, CLERK
ByG- t~
eputy Clerk
BOARD OF CO
OF MONROE C
Y COMMISSIONERS
TY, FLORIDA
j7'
By
(KMP: 10.18.06 East Second St, Mandalay)
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M'ay.25.2005 9:15AM
No.769B p. lB
E.F~ Gaines Surveying Services, Inc.
DESCRIPTION
ora portion of East Second Street Right-of-Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East Second Street Right-of-way, per the ~division plat ofMandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as fonows:
BEGINNlNG at the intersection of the nottherlymost corner of Lot 2, Block 4, and the
southeasterly right-of-way line of East Second Street per said subdivision plat of
Mandalay;
thence along said southeasterly right-of-way line S_4SaOO'OO"W. for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of25.oo feet, through a
central angle of90.00'00" and being subten.ded by a chord whicb bears S.OOoOO'OO~.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay;
thence aloP8 said northeasterly right-of-way line of said Sec::oncl Avenue, N.45.00'OO"W.
for 100.00 feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way lin8 easterly 39.37 feet along the arc ofa non-tangential
circular curve CODalVC to the north, having a radius of25.oo teet, throush a ce.o.tra1 angle
of90.00'00" and bein,g subtonded by a chord which bears S.90.00'OO''E. for 35.36 feet;
thence continue along said right-of-way line N.4S"OO'OO"East for 100.79 feet to the Point
ofB~inning of the Parcel herein described;
Bearinss are based on the centerline of East Second Street being N.4S.00JOO"E. .
Subject to easements, restrictions and reservations of record;
Containing 65S6 square feet, more or less;
Prepared by E.F . Gaines Surveying Services, Inc.
, .
;?4F~J---
Date
E
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: 0169-1102-OO9.dwg
1342 Coaonial Boulevard, Suite E-34Bt Fort Myers. Florida 33907
Phone: 239-41 &0 126 . Fax: 239-41 &0127 . www.EFGalnes.com
Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio)
Number(s):
Alternate Key No,
Space Above This Line for Processing Data
Space Above nus Line for
Recording
REVERTER AGREEMENT
THIS Agreement is made this day of October 2006, by and between
Ocean Sunrise Associates, LLC, a Florida limited liability company (hereinafter "OSA"),
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, and
Monroe County, by its Board of County Commissioners (hereinafter "County").
WHEREAS, the OSA has petitioned COUNTY to abandon those portions of East
First Street and East Second Street as set forth in Exhibit A attached hereto; and
WHEREAS, the COUNTY is willing to abandon those portions of East First Street
and East Second Street Right-of-way being part of Mandalay subdivision located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, more particularly
described on Exhibit A; and
WHEREAS, as a condition of that abandonment County has requested OSA agree
to this reverter agreement to ensure that after the abandonment, if the Mandalay Property
is not approved for development and OSA (its successors or assigns) does not undertake
development within 2 years from the date of this agreement (which time will be extended
EXHIBIT
IX
for a reasonable period provided OSA is ~ubstantially moving forward with development),
then the property which has been abandoned (Exhibit A) will revert back to and be
transferred back to ownership by Monroe County.
NOW, THEREFORE, for and in consideration of Monroe County's abandonment
of the property herein and OSA's agreement to either develop the property set forth in
Exhibit B or have the property revert back to ownership by Monroe County, the Parties
agree as follows:
1. Monroe County Board of County Commissioners ("County") agrees to
abandon that property set forth on Exhibit A and transfer ownership of this
property to Ocean Sunrise Associates, LLC ("OSA"), a Florida Limited
Liability Company.
2. OSA agrees that they will grant all easements and obtain all consents
necessary from all utilities in a timely manner as required for completion of
the project and as may reasonably be required by Monroe County.
3. Ocean Sunrise Associates, LLC agrees that they will timely move forward
with plans to develop that property set forth herein as Exhibit B (as the
same may be modified from time to time, a portion of which encompasses
the property abandoned by County, that is, those portions of East 1 st Street
and East 2nd Street.
4. County and OSA agree that if OSA has not substantially moved forward
with development of the Mandalay Project within two (2) years from the
date the Board of County Commissioners approves the request for
abandonment that the property (Exhibit A) abandoned and transferred to
OSA will revert and be transferred back to County.
DATED this
, day of October 2006
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
OCEAN SUNRISE ASSOCIATES, LLC
:~~~~~
Title (). P,
E COUNTY AlTOR EY
OVEDAS F :
By
Printed Name
Title
. IE.F. Gaines Surveying Services, Inc.
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. DESCRIPTION..
. of a portion of East First Street Right-of- Way,
beirig part of Manda lay Subdivision located in . .
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
. ..
. AUthat part of East First street Riglit-of~way. per the subdivision plat of Manda lay
. .10cated in. Section 6,T~wnship 62 SoUth, Range 39 Ea~ Monroe County, Florida; being. . .
.. .. --"mor~-pa.rtlcular.fy.desCl'1bed-as-follows;--'---.---- -..-. .... -.,... 0'._" -_ .____________.___._.__..._h___ ...~...
. . BEGINNING at the'ititersection of the easterlymost cOmer ofLat 30, Block 2, and the
... northwesterly right-of~WaY line of East First Street per said subdivision plat of Manda lay;
thenceS.4S.00'OO"E. for 50.00 feet to the southeasterly right-of-way line of said East .
. First Street;' . ........ '. .'
. . :them::e along said southeasterly right-of-way line S.4S.00'00"W. for 175,00 feet~
thellce continue along said right-of~wa'y line southerly 39.37 feet along the arc ofa .
tangential circular curve concave to the ~ having a radius 'Of2S.00 feet, through a
central angle of90.00'OO" .and being subtended by a chord which bears S.OO.OO'OO"E,
. for 3?,56 feet to the northeasterly right-of-way line of Second Avenue per said
. subdivision plat ofMandalay; ..
... thence along said northeasterly right-of-way linl;: of said Second Avenue, N.45"OO'OO"W.
. for 100.00 feet to the northwesterly right-of-way lhleofsaid Eait: First Street;
. thence along said right~f-way line easttrly 39.37 feet along the arc of a non-tangential.
: circular curve concave lothe north, having.a radiUs <;>f25.00 feet, through a central angle
of90eoo'OO" and being subtended by.a chord which bears 8.90"OO'OO"E.. for 35.36 feet;.
thence contmlle along said right-of-way JmeN.4S.00'OO"East for 175;00 feet to the Point.
of Beginning of the Parcel herein described;. .
B~ings are based-on the centeriine of East First Street being N.'4S.00'OO"E..
· Subject to easements. restrictions and res.ervations of record; .
Containing 10268 square feet, more or less;.
'. Prepared byE.F.Gaines Surveying Services, Inc.
. j-0r;/6s'-
..Date'
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.. 1342ColoniaiBoulevard,. Suite E-348, Fort Miers, 'Florlda33907
126 $ Fax: 239-41tHH.?7'. www.EFGa.ines.com
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EXHIBIT
A
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. E.F. Gaines Surveying Services, 'nc.
DESCRIPTION
. ofa portion of East Second Street Right-of-Way, .
. .. being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
. .
. . .
AU that ptirtofEastSecond Street Right-of..way,per the subdivision plat of Manda lay
located in. Section 6, Township 62 South, Range 39 East, Monroe County; Florida, being'
._-:..._:-.more.partirolar-Iy.descrlbed-as.fellews-;.-.. ....u._..._.:. .. m._______u____. .._'__u. ....__u_....: .
BEGINNiNG atthe intersectioQ of the northerlymostcomer of Lot 2, Brock 4, and the
soutlieasterly ri'ght-of-way line of East Second. Street per said sUbdivision' plat of
Mandalay; - . . ... ....
thence illong said southeasterly right-of-way line S.4S.00'OO"W. for IOO.80feet;
... thence continue along said right~f-way line southerly 39.37 feet 8long the arc ora
tangential circular curve concave to the east, having a radius of 2, ~OO feet, through a
. central angIe of90~OO'OO",and beingsubtendoo by a chord which bears S.OO.OQ'OO"E..
. : for 35,S6 feet to the northeasterly right-of-way line of Second Avenue per said.
.. . .suhdivision plat ofMandalay; . .... '. .
. . thence along said northeasterly right.:.of-way line of said Second Avenue, N.4500Q'OO"W.
. for 100_00 feet to the northwesterly right-of-wayJine of said :East SeCond Str~t; . .
. . thence a1ClDg said right-of-way line easterly 39.37 feet alorig the arc.ofa non-tangential
. . circular curve concave to. the no~ having a radius of25, 00. feet. through a central. angle'
-: of90.00'00" and bemg subtended by a chord which bears S.90000'OO''E. fqr 35.36 feet;
. thence continue along said right~f-way Hne NAS"OO'OO;'EastforIOO. 79 feet to the Point
. -, of Beginning of the ParCel herein described;. ..
. .
-.. Bearings are baSed on the centerline of East Second Street 'beillg NAS"OO'OO"E.
. Subjecitoeaseinents,restrictionS and reservations of record; .
ContiUning65$6 .square feet; more or less; . . .
..
Prepared by E.F,Gaines Surveying Services, !nc,
F. Gaities~'PSM Florida License'No, 4576
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Mandalay Harbor Resort
Is/amorada, FL
RfltSQ6: aIIQNM.:_
C!'.".J!N:;!IIE.I;AINO.IttaJL"'TCRY~'COH5'tJII.JCTlON~tNr
l""c..IIIO,pfI;_.r,..w""
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'l!1.:\'9OQat':Y-144(Jfl<<:~a''Xl;,J4<I
SITE PLAN
Pe:REZ ENGINEERING
& OEVELOJ'MeNT. [MC
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Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio) Number(s):
Alternate Key No.
Space Above This Line for Processing Data
Space Above This Line for Recording
PUBLIC ACCESS EASEMENT
THIS EASEMENT, made this . day of _ 2006, by and
between Ocean Sunrise Associates, LLC, a Florida limited liability company, Grantor,
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, to
Monroe County, Grantee.
WITNESSETH:
WHEREAS, the Grantor has petitioned Grantee to abandon that portion of East
Second Street as set forth in Exhibit "A" attached hereto; and
WHEREAS, the Grantee is willing to allow Grantor to abandon a portion of East
Second Street Right-of-way being part of Mandalay subdivision located in Section 6,
Township 62 South, Range 39 East, Monroe County, Florida, more particularly described
on Exhibit "A"; and
WHEREAS, as a condition of that abandonment Grantee has requested Grantor
agree to this public access easement to ensure that after the abandonment, property
owners in the Mandalay subdivision, and their guests and invitees, will have ingress and
egress across that portion of East Second Street Right-of-way described in Exhibit "A"
that is abandoned by Grantee;
NOW, THEREFORE, for and in consideration of the accessibility herein made
available to Grantee, the Grantor does grant to Grantee on behalf of property owners in
the Mandalay subdivision, their successors and their guests and invitees, a perpetual
easement on and over that portion . of East Second Street, which is descriQed in
Exhibit "A" and attached hereto for the purpose of ingress and egress only.
EXHIBIT
]I:
- 1 -
I
IN WITNESS WHEREOF, Grantor has executed this easement, on the day and
year first stated above.
GRANTOR:
OCEAN SUNRISE ASSOCIATES, LLC,
A Florida limited liability company
By:
Printed a
Managing
~.
e:~~v C ~_l (0
ember
STATE OF FLORIDA )
COUNTY OF )
Q +<'J;e foregoing instrument 71~dge before me this :<.1fJ-h day of
_ C (J ~ 2006, by -I2a...u. rl.. _____, as Managing Member
of Ocean Sunrise Associates, LLC, Florida limited liability company, who is () personally
known to me or M who provided -d....iv..tV'~ li.cfn~identification and who did take an
oath.
....:~ YIVII\N
.t~ ~, NalllyPublc....ofFlllll*
i iu
\' . r' CoIIWlIilllloft EIlpieaAug 31,IIlII
a:a,.IY~"'.e
-'{)UwvVl ~
Notary Signat~e and Seal
- -
· G! YlVWfSANTOS
." ~ NaIIIy PuIllIc . SIlItt of FIoIIdI
. i' '''''CommIsslonExplreeAug31,2008
'''1- {fI Commission. 00467992
~ ~P.r.r.~"," Bondeo ily National Notary AIIII. ~
ACCEPTED BY:
GRANTEE :
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE
CLERK OF THE COURT
BY:
Deputy Clerk
BY:
. Mayor/Chairperson
-2-
DESCRIPTION:
A PORTION OF BLOCK 3 AND EAST SECOND STREET, MANDALA Y, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1 PAGE 194, BEING IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39
EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF EAST FIRST STREET AND SECOND A VENUE, ACCORDING TO
SAID PLAT OF MANDALA Y; THENCE ALONG THE CENTERLINE OF SECOND AVENUE SOUTH 44'37'16"
EAST, A DISTANCE OF 242.03 FEET; THENCE DEPARTING SAID CENTERLINE NORTH 45"22'44" EAST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, ALSO BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF SECOND AVENUE; THENCE SOUTH 44'37'16" EAST ALONG
SAID NORTHEASTERLY RIGHT-OF - WA Y LINE AND EXTENSION THEREOF, A 01 STANCE OF 98,15 FEET TO
A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
50.29 FEET, A CENTRAL ANGLE OF 42'24'49" AND A CHORD DISTANCE OF 36,38 FEET WHICH BEARS
NORTH 13'49'03" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 37.23
FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 91.12 FEET, A CENTRAL ANGLE OF 22'20'51" AND A CHORD DISTANCE OF 35,32 FEET WHICH
BEARS NORTH 06'53'42" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
35.54 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 24.46 FEET, A CENTRAL ANGLE OF 60'02'19" AND A CHORD DISTANCE OF
24.48 FEET WHICH BEARS NORTH 31'18'18" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 25.63 FEET; THENCE NORTH 64'10'43" EAST, A DISTANCE OF 35.68 FEET;
THENCE NORTH 72'15'39" EAST, A DISTANCE OF 20.56 FEET; THENCE NORTH 44'37'45" WEST, A
DISTANCE OF 33.25 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 8.73 FEET, A CENTRAL ANGLE OF 54'28'53" AND A CHORD
DISTANCE OF 7.99 FEET WHICH BEARS SOUTH 27'39'51" WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 8.30 FEET; THENCE SOUTH 63"40'53" WEST, A DISTANCE OF
16.18 FEET; THENCE SOUTH 68'04'17" WEST, A DISTANCE OF 29.28 FEET; THENCE SOUTH 11'13'06"
WEST, A DISTANCE OF 3.30 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 50,37 FEET, A CENTRAL ANGLE OF 25'00'06" AND A CHORD
DISTANCE OF 21.81 FEET WHICH BEARS SOUTH 41'24'43" WEST; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 21.98 FEET TO A POINT OF CURVATURE OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 21.70 FEET, A CENTRAL ANGLE OF 62"19'22"
AND A CHORD DISTANCE OF 22.45 FEET WHICH BEARS SOUTH 52"47'41" WEST; THENCE
SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE A DISTANCE OF 23.60 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52.57 FEET, A
CENTRAL ANGLE OF 41"20'05" AND A CHORD DISTANCE OF 37.11 FEET WHICH BEARS SOUTH
76'40'48" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 37.93 FEET TO
THE POINT OF BEGINNING.
CONTAINING 0,13 ACRES (5,474 SQUARE FEET), MORE OR LESS
In accordance with CH-61 G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY.
SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE CENlERUNE
OF SECOND AVENUE BEING S 44'37'16" E, PER PLAT,
DATE: 10/16/2006
SCALE:~ .DRAWN BY: GHF
APPROVED BY: DMD
JOB NO. ASM52588 MANDALA Y
(SOD),dwg
REVISED:
1, THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, REST,"IGTJQ.N~;)F RECORD WHICH
MAY AFFECT i'HE TITLE OR tfS( OF THE LAND
2. NO UND[fu."ROUND IMPRe\.iUEN'TS HAVE BEEN
LOCATEn EXCEPT AS Sf-/(,i\'IN.. .
3. NOT VAUli WillioVT n!E SIGNA 1l.IRE ."JIl1) Tt<'.: ORIGINAL
RAISE!". SEAL OF A FLORIOAUCEl.ISED SiJRVEYOR
AND MAPPER. .
SKETCH OF DESCRIPTION
OF
PORnON OF
MANDALAY
MONROE COUNTY, FLORIDA SECnON 6-62-39
EXHIBIT
I A
RICAN SURVEYING & MAPPING
CAlE OF AUlHORIZAnON NUMBER LB16393
1030 N. ORLANDO AVENUE SUllE B
W1NlER PARK. FLORIDA
32769 (407) 426 7979
f2;1I1l~
DAVID M. l)eFlUPPO PSl.>I #5038
DATE: OC-t. '2o,Zpo-(g ,:,.
SKETCH OF DESORIPTION:
/
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CURVE TABLE
CURVE RADIUS CENTRAL ANGLE CHORD CHORD BEARING LENGTH
C1 50.29 42'24'49" 36.38 N1T49'03"E 37.23
C2 91.12 22'20'51" 35.32 N06'53' 42"W 35.54
C3 24.46 60'02'19" 24.48 N31'18'18"E 25.63
C4 8.73 54'28'53" 7.99 S27'39'51"W 8.30
C5 50.37 25'00'06" 21.81 S41'24'43"W 21.98
C6 21.70 62'19'22" 22.45 S52'47'41"W 23.60
C7 52.57 41'20'05" 37.11 576'40' 48"W 37.93
'"
,
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LINE
L1
L2
L3
L4
L5
L6
L7
POINT Of
,cOMMENCEMENT
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LINE TABLE
BEARING
S44'37'16"E
N64'1 0' 43"E
N72'15' 39"E
N44'37' 45"W
S63'40'53"W
S68'04'17"W
S11'13'06"W
I
o
1 N = 50'
GRAPHIC SCALE
, ,
25 50
~ ~-1.
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-.yQ~ O>a'1<-.y
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..917 )'
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LENGTH
98.15
35.68
20.56
33.25
16.18
29.28
3.30
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SHEET 2 OF .2
SEE SHEET 1 OF 2 FOR DESCRIPTION
DATE: 10/18/2006 REVISED:
SCALE: '"=50' DRAWN BY: GHF
APPROVED BY: DMD
I JOB NO. ASM52588 MANDALAY
100 (SOD).dwg
I AMERICAN SURVEYING & MAPPING I
CERTlFlCA TE OF AUTHORIZA TlON NUMBER LB#6393
1030 N. ORLANDO AVENUE SUITE B
WINTER PARK, flORIDA
32789 (407) 426-7979
Return to:
County Attorney
PO Box 1026
Key West, Florida 33040
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (F olio)
Number(s):
Alternate Key No.
Space Above This Line for Processing Data
Space Above This Line for
Recording
MAINTENANCE AGREEMENT
WHEREAS, the OSA has petitioned COUNTY to abandon those portions of East
First Street and East Second Street as set forth in Exhibit A attached hereto; and
WHEREAS, the COUNTY is willing to abandon those portions of East First Street
and East Second Street Right-of-way being part of Mandalay subdivision located in Section
6, Township 62 South, Range 39 East, Monroe County, Florida, more particularly
described on Exhibit A; and
WHEREAS, as a condition of that abandonment OSA has agreed to this
maintenance agreement to improve and maintain that portion of East Second Avenue.
shown on Exhibit B.
NOW, THEREFORE, for and in consideration of Monroe Comity's abandonment
of the property set forth on Exhibit A and OSA's agreement to maintain the property set
forth in Exhibit B, the Parties agree as follows:
1. Monroe County Board of County Commissioners ("County") agrees to abandon
that property set forth on Exhibit A and transfer ownership of this property to
Ocean Sunrise Associates, LLC ("OS.A"), a Florida Limited Liability Company.
EXHIBIT
j~
- 1 -
2. OSA agrees to improve and maintain that portion of East 2nd Avenue as shown on
the legal descriptions and survey (Exhibit B).
3. The specific maintenance and improvement plans for East 2nd Avenue will be
approved by the County Engineer and all other County departmehts required to
approve the configuration and maintenance of County roads.
4. OSA understands that the specific requirements for maintenance and improvement
may change from time to time, and agrees to comply with all reasonable requests
for changes and upgrades.
DATED this
day of October 2006
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
OCEAN SUNRISE ASSOCIATES, LLC
By
Printed Name
Title
~
Ti:.'e aU ~d{-!j-d,~..'. ~
-2-
E.'F. Gaines Surveying Services, 'nc..
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. DESCRIPTION.
. of a portion of East First Street 'Right-of- Way,.
beirig part ofMandalay Subdivision locatl::Ci in . .
. Section 6, TownShip 62 South, Range 39 East,lv.tcinroe Coun~, Florida
'. AlIthat part of East First street Riglit-of-way, per the subdivision plat ofJv.[andalay
.' . located in Section 6,. Township 62 SoUth, ~ge 39 East; Monroe County, Florida; being
.~-:-... .... ~:.. .. .-.:;mor-e-particularJy-desefll:>ed-as.fellows;-.....-.:.-.-.~._..- ...- - .... -..._..- -.... :. -- ----- -~-.:- ---'---''''--'-' -..---. -.~,.
. .'.
. . BEGiNNING at the.i1iteisection of the easterlymost cOrner of LOt 30, Block ~ and the
. ." northwesterly right-of-Way line ofEa~t First Street per said subdivision plat C?fMandalay;
. thence. S.45 "OO'OO"~. for 50.00 feet to' the southeasterly right-of-way line of said East .
. First StI'eet;'.' . . . . . .
. . :thenc;e atong said sou~easter1y right-()f-way line S.45"OO'OO"W.' for 175.00 feet:
. then.,ce continue al()ng said rlght-of.;way line southerly 39.37'fe:et along.the arc ofa' .
, tangential circular curve C<?ncave to the ~; having a. radius -of 25. 00 feet, .through a
. central.angle of90.00'OO" ~nd being subtended by a chord which bearS. S.OO.OO'OO"E.
. for 3?.56 feet to the northeasterly right-of-way line of Second avenue per said .
. subdivision plat ofMandalay; . .'.:", '.' ". ...
... . the1l,ce alonS' s~d northeasterly righ~-of-way lin~ of said Second Avenue; N.4S"OO'Oo."W.
.' for 10.0..0.0 feet to the northwestedy right-of-way litie of said East, First Str~; . .
thence al~mg said right~of-way line easterly 39.37 feet along the arc ot a non-tangential .
. :' eirculatC\Jrve ~ncavetothe north, having a radiUs i;lf25.00. .f~ through a central angle
. of90~Oo.'OO~ and being sub tended by.a chord which bears R90"o.O'OO"E.. for 35.3<5 feet;.
.the~ contiri:l~e aiQrig said right-of-Way Ime.N.45 "00' OO"EaSt for 175: co feet to the Point .-
of Beginning of the Parcel herein desCribed;. . .
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B~ings ate based on the centerline of.East First Street being No'4S'OO'OO"E..
. : Subject to eaS~~ts. restrictions and reservations of record; . .
: Coi1t~ng 10~68 square feet, niore'or less;.-
. Prepared by E. F. Gaines Smveying Services, me,
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. .J0rfis'~ .
:..Date:.,. .
. ',: ,". ;".i '. ',' ~.~..: :::,;.::~:~:y.._:.}\:~<\:>~.:.):~:~.~:~.
'. .':...: .:'." ..~o.tvalid riil1e~~ si~ed ~d.e9J:~Ssed With tlj.~ s~Q(ihe.~~~...~~.Qi:.:.;.:;:-.:>;:...~. .
'. ~. ;::. :'-~:~~!, : :.,; ~:\..~~~:~'~ ~:;:.~ -~..\~ \;; ~~.'~",'. ::'~.~\~.>:\ ':-" ~'. :.~.~~ =" : ::.:>.:.... :', ~ :::: < ~: '. >-'" :': . : :'. '" .: '.. ~.:' . > .,~. :.' . , . . . . .'. ',' : '. ~ . ~ ": . '. .
. . ....... - ':"Rererence:ri16~-1l02.oo8.dw . .....'.- .
'.:. '. ;'.'--:,":' ':.,.> ..,:: ,g ..
. . . '" .'.1 342'CofopiaiBouievard. Suite 1:-348, Fort MYerS, 'f~~rida33907
. . '., ...' . .... Phone; 23911-.18-0126 · fax: i~9-41s..-o127.'. Www.EFGaines,com. .
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DESCRIPTION .
. ora portion of East Second Street Right~of-Way, .
. '. being part ofMandalay Subdivision located in
.Section 6,. To-wnsmp 62 South, Range 39 East, Monroe County, Florida
AIl that part.ofEastS~nd Street Right-:of-way, 'per the subdiVision plat of Manda lay
. located in. Section 6, Township 62 South, Range 39 East, Monroe County; Florida, being
::. .. .._.._.:-..~--more..particularly.desGribe~-as.fellewg.;- ... .....-"... ..., ..:.' . :...-...----:--._--...-.-~-. ...,--_.....: . ---.. "CO'
. . BEGINNiNG at'the intersection, of the northerlymost.comer of Lot 2, Block 4, and the
southeasterly. right-of-way line of East Second Street p~ said Slibdivision"plat of'
Mandalay; ". .' . . .
, thence along said southeasterly right-of-way line S.4S'OO'OO"W. for 1 00.80 'fe~t;.
'. thence cOntinue along said right..of-way line southerly .39.37 feef lilong the arc of a'
tangential circular curve. concave t6 the east, having a radius of25~OO feet, through a.
. centralangte of90~O()'OO".ai1d being'subtendOO by a chord which bears S.OO.Oo.'OO"E..
. :. for 35.56 feet to the northeasterly right-of-way line of Second' Avenue per said'
. '. .suodiyision plat ofMandalay; . .' . :.
': : thenCe lilong said northeasterly right.:.of-way line of said Second Avenue, N.4S"OO'qO"W.
. ;for. 1 00.00 feet to the northwesterly right-of-way. line of said ~. SeCond Str~t; . .
:: . thence alo.ng Said rigJit-of~way line eaSterly 39.37 feet alorig the arc.ofa non-tangentiaI..
,. circu~ curve concave.to.the nortl\ having a radius of25.00.:foot~ through a central. angle"' '.
<. of90'OO'OO" and bemgsubtended by a' chord which bears .S.90oO()'OO'~E,.f'qr 35.36 feet;
. . . !=hence continue along said right..of~way line N,45'O~'00;'East.for 100.79. feet to the Point.
. .,' ofBeginning~fthe Parcel herein descnbed; ,.'. ....... .' .' .
. .
". Bearings are' baSed on the 'cenierliJie of East Second Street J>efug N.4S'OO'OO"E.
. Subjeci"to easements, restrictionS ~d reservations'ofrecord;' .
. : .' '. Cont8ining'65S.6 .square .feet; more odess; '.
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/18/06 - KW
Division: CountyAttomey's Office
Bulk Item: Yes -X-
No
Staff Contact Person: Bob Shillinger/Jerry Sanders
AGENDA ITEM WORDING:
Approval to advertise and approval of Resolution setting date, time and place for a public hearing
concerning the proposed abandonment of a portion of East Second Street, being part of Mandalay
Subdivision located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, of the
Public Records of Monroe County, Florida (Key Largo).
ITEM BACKGROUND:
Petition was received 5/25/05. The Petition has been reviewed and conditionally approved by Planning
(9/19/06), Engineering (4/6/06) and the Fire Marshall (5/15/06). As a result of on-going coordination
with staff, a site plan will be proposed which will ensure public access to potential affected property
owners and the general public and address public safety issues. A reverter agreement will provide for
the portion of right-of-way to be abandoned to revert back to the County if the project is ultimately not
approved by the County. The proposed redevelopment will not result in a closure of Second Street but
will be a reconfiguration thereof
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACTIAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution setting one public hearing for 3:00 p.m. on NOVEMBER 15, 2006 in Key
Largo, Florida.
TOTAL COST: Petitioner Pays
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONm_ Year
APPROVED BY: County A~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO. -2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING mE PROPOSED ABANDONMENT
OF A PORTION OF EAST SECOND STREET, BEING PART OF
MANDA LAY SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 62
SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO).
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and
disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or
highways, and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing
due notice of said hearing in accordance with said Chapter, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board will hold a public hearing on November 15, 2006 at 3:00 P.M. at the Key Largo
Library, Tradewinds Shopping Center, 101485 Overseas Highway, MM 101, Key Largo, Florida, to
determine whether or not the Board will renounce and disclaim any right of the County and the public in and to
the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or
plat, to-wit:
All that part of East Second Street Right-of-way, per the subdivision plat of Mandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the northerlymost comer of Lot 2, Block 4, and the
southeasterly right-of-way line of East Second Street per said subdivision plat of
Mandalay;
thence along said southeasterly right-of-way line S.45000'00"W for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc of a
tangential circular curve concave to the east, having a radius of 25. 00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears 8.00000'00" E
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat of Mandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N. 45000'00" W
for 100.00 feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central
angle of 90000'00" and being subtended by a chord which bears S.90000'00" E for 35.36
feet; thence continue along said right-of-way line N.45000'00" Eastfor 100.79 feet to the
Point of Beginning of the Pracel herein described;
Bearings are based on the centerline of East Second Street being N.45000'00''E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by EF. Gaines Surveying Services, Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 15th of November, 2006.
Mayor Charles" Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
(SEAL)
ATTEST:D~L.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(KMP: 10.18.06 East Second St, Mandalay)
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May.25. 2005 9:15AM
No.7696 p. 18
E.F. Gaines Surveying Services, Inc.
DESCRIPTION
ofa portion of East Second Street Right-of-Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of Bast Second Street Right-of-way, per the subdivision plat ofMandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Flori~ being
more particularly described as follows:
BEGlNNlNG at the intersection of the northerlymost comer of Lot 2, Block 4, and the
southeasterly right-of-way line of East Second Street per said subdivision plat of
Mandalay;
thence along said southeasterly right-of-way line S.4S.00'00"W. for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of2S.00 feet, through a
centralllI18le of 90.00'00" and being subtended by a chord which bears S.OO.OO'OO''E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandaIay;
thence along said northeasterly right-otway line of said Seoond Avenue, N.4S"OO'OO"W,
for 100.00 feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc ofa non-tangential
circular cwve OOOalve to the north, having a radius of25.00 feet, through a central angle
of90.00'00" and being subtended by a chord which bears S.90000'OO''E. fur 35.36 feet;
thence continue along said right-of-way line N.4S"OO'00''East for 1 00.79 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East Second Street being N.4S"OO'OO"E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E,F.Gaines Surveying Ser:vices, Inc.
. .
;;4f~j---
Date
Not valid unless signed and. embossed with the seal of the named surveyor,
Rderence: 0169-1102..Q09.dwg
131-2 Colonial BOUlevard, Suite E-348, Fort Myers. Florida 33907
Phone: 239-41&0126 . Fax: 239-41&0127 . www.EFGaines.com
ROAD ABANDONMENT PETITION
PORTION OF EAST SECOND STREET
MANDALAY SUBDIVISION
KEY LARGO, FL
PETITIONER: Ocean Sunrise Associates, LLC
PETITION
Payment of Petition Fee:
Check #1654 dated 4/1/2005 $500.00
bBt Se~J~
PETITION FOR ROAD ABANDONMENT
NAME:
Ocean Sunrise Associates. LLC
ADDRESS:
97501 Overseas Highway. Key Largo. Florida 33037
STREET/EASEMENT TO BE ABANDONED: Part of East Second Street
KEY: Key Largo
MILE MARKER: 97.5 Ocean
DATE: 04/01/05
PHONE: 305-852-9292
FAX: 305-852-8880
EMAIL ADDRESS:lisa@mulicklaw.com
We hereby petition the Honorable Board of County Commissioners to renounce and disclaim
any right of the County and the public in and to the above-referenced street, alleyway, road
or right-of-way as further depicted and described in the following attachments:
(EXHIBIT A)
Survey - (no larger than 11" x 17" or 8%" x 11") Description of roadway to be abandoned
and survey showing that portion marked with diagonal lines with Petitioner's property
clearly delineated and outlined, and showing all adjacent properties.
(EXHIBIT B)
Map of Key - on which road is located, clearly showing US Highway 1, Mile Marker number
and portion of road to be abandoned.
(EXHIBIT C)
Copies of Deed - Petitioner certifies that it is the sole owner of lots abutting East Second
Street and that the abandonment of said road will not take away from other property
holders' right of ingress and egress to their property, and that taxes for the year 2004 have
been paid on their subject land.
(EXHIBIT D)
Legal description - of that portion of roadway which Petitioner seeks to have abandoned,
(EXHIBITS E-l, E-2, E-3 & E-4)
Letters of no objection - from utility companies including, but not limited to, water, electric,
telephone and cable television,
(EXHIBIT F)
Letters of no objection - from all adjacent property owners and list of names and addresses
of all adjacent property owners.
Petitioner seeks the abandonment for the following reasons:
Petitioner is redeveloping parcels on each side of the subiect portion of
East Second Street and abandonment of this right-of-way will facilitate
appropriate redevelopment,
Petitioner agrees to be responsible for and pay for all costs of advertising and recording fees
incurred relative to this request for road abandonment,
Petitioner further agrees to grant any easement necessary for the furnishing of utilities,
including without limitation, electric power, water, sewer, telephone, gas, cable and other
electric communication services to the same extent as is common within this area as to
height, width and degree, upon request for such service or by the BOCC through its
authorized agents. If easements are so required, copies of the executed documents will be
provided to the County before the Petition is presented to the BOCC,
Petitioner certifies that the road to be abandoned does not end at water or that, if it does,
the road is not a dedicated and accepted right-of-way (including by operation of law due
to construction or maintenance by County).
WHEREFORE, Petitioner formally requests the Honorable Board of County
Commissioners to grant this Petition,
Ocean Sunrise Associates, LLC
By:
fl/~ ~
W. ThoiJ{as Grimm, Mana . g Member
STATE OF FLORIDA
COUN1Y OF MONROE sf-
Sworn to and subscribed before me on this I day of April 2005 by W. Thomas
Grimm, as a in Member of Ocean Sunrise Associates, LLC, on behalf of the company.
H s personally known to me 0 he has produced
as identification,
....~ USA CAREY
:"IJ.6\.
i*: :.: MY COMMISSION' DO 110800
EXPIRES: July 12, 2006
Bonded 1Iwu NoIaty P1JbIlc lJnderM1Iers
(stamp in space provided above]
My Commission Expires:
2
OO~~~~~~E
(3051294-4641
r'~~
BOARD OF OOUN11f COMMiSSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Murray E, Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District :;
David p, Rice, District 4
~~ crJ. th &unbJ. ~
502 ~ Stuel. !JleoM.
!Jut CJf./h ~ 1026
3lIIf Wut. !IJ!. 33041.1026
(305) 292-3470
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MEMORANDUM
TO:
Ginger Campbell, Finance Department
;)Jir
FROM:
Kathy Peters, County Attorney's Office
RE:
Road Abandonment Petition - Part of East Second Street, Mandalay Subdivision, Key Largo
Submission of Petition Fee
DATE:
June 1, 2005
Enclosed please find Check No. 1654 dated April 1, 1005 made payable to Monroe County in the amount of
$500 received by this office on May 27, 2005 from the Petitioner in the above-referenced Road Abandonment
Petition, Ocean Sunrise Associates, LLC.
Please deposit the enclosed check in the appropriate account. Should you have any questions or concerns,
please feel free to contact Assistant County Attorney Suzanne Hutton or myself by phoning (305) 292-3470.
KMPI
Enclosure (Check No. 1654)
S e C' II r i t
en II II II' e rl d DC" Iff e" t. Sf! e bite k Q r II r t II; I ii. m
1654
w. THOMAS GRIMM
PH. 239-254-8115
6135 MANCHESTER PL
NAPLES, FL 34110
io~oc ~ L~
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09..()2
DATE
'f.j'Or
63-271631 Fl
284
1$ ~-r-
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DOLLARS &I ~
Bank of America ~~
~
ACH R(T063100277 /J J ~ j I ~
FOR U Jf I'CA- ~
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MONOOE C\".o.:iNTX
OFFICIAL REOOIDS
FILS.#1437 g"7 7
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BCD Apr 20 2004 09c51AM
DANNY L KOLHAGE, CLiIUt .
DmED DOC S~'500"00
04/20/2004 DBP eLK
. PrqIarcd ~ and retum to:
"olm J. Wolfe
AttDoleJ at Law .
Jolm.T. Wolfe, P.A.
1955 OvenellS Highway
MaratboD,1L 33050
. Pile ~1UIlbar: 83450
Will Call No.:
1'aree1 IdcoIitillatloa No. 00554730/00554700/00554670-000000
[SpMe AboYc 1hiI Lipe Farll<ooRliAg Dal&1
'Warranty Deed.
(STATUrOll.Y l'OllM "SI!C'JlON llIIl.Cl2, F.S.)
This Indenture IJIlIdll this 13th day of Aprll, 2004 berween
Lively Properties, IDe., a Florida corporation
whosopostoffice.dm:eu is 101 CouqW Road, Big PIne Key, Ji'L 33043
oftha QnmIJ ofMonfoe,.State ofli1orida, gxautor*, 8I)ji
Ocean Sunrise Associates LLC, a Florida Limlted Liability Company
whole poll o~e ~s i8 43 East Sec:o~d Street, Key Laqo, FL 33037
of the CoUlllyofMonfOe, S1Ite ofFloridll, gtaXltcc*,
Witnesseth, that SIrid ~. CuI; IlUl in eousidw:atioll of !be IIIIIIl ofTEN AND NO/loo DOLLARS (SI0.00) tmd ot!.:
good BUd va1uabIe ~tbJs to said. grmtor in han4 JlIIid by nid gwdee, the receipt whereof is hinby aclcDowlcdpd,
bas grllliICd, bargafor:d, .00 BOld to the laid gn;ot\le, and gnulIle'l brm 8Dd.1IIigDs forever, the ~ deIcdbed 1md,
siluale, lyills IWi beiDi in Monroe Co\UltJ, Jlorida, tn-wit: .
A Itrip of land 125 feet wide and 250 feet in depth off the SOQthwesterly dde of
Block 3, laid strip beblal25 feet on East Fint Street and East seeoud Stnet, nd
150 feet Oil Second Avenue, MANDALAY, accordJit& to the,plid thereof recordecl in
Plat Book 1, :rap 194 of the Public Records of Monroe Conaty, li1odda.. Also
deserlbed u: A strip of Iud 125 feet wide and :ISO .feet In depth off tile
S01lthweatedy side oeBlock 3, said sti1p being lZS feet OD East Fir&t Sb'eet ad:East
Second Avenue 150 feet on Second A1'eaue, MANDALAY, according, to tile Plat
thereof recorded In Plat Book 1. Page 194 of the Public Records of Monroe CO.D1:y,
Florida.
AND
A tract of land iD Block. 3 of MANDALAY, a subdivision of Key Largo, aecordJJlg to
Plat recorded in Plat Book. 1. at 'age 194 "bUe Records of Monroe Couty,
ll'lorida, said ~act haWle a frontage of 100 feet Oil Eat First S~ according to the
plat of MANBALAY, aud a depth of 95 feet and further deleribed as the
Northwesterly 9S feet of the Northeasterly 100 feet of the Southwesterly 2ZS feet of
,.td BIodi; 3.
AND
The Northeasterly. 50 feet of the Sou.thwesterly 175 feet, and the Nol1heaat.erly 50
feet of the Southwelterly22S feet, Block 3, M.ANDALAY, a nbdtvillciD. OD Key
Largo, according to 6le Plat recorded in Plat Book 1. page 194 "-bUe Records of
Mon.-oe COllnty, Flot'ida, Ie.. the Nortbwelterly 95 feet of the Northeasterly 100 feet
of the Soutbwesferly 225 feet thOJ:eof of said. Block. 3.
and ,aid pntor dpcs hereby full). wm.- the title 10 IIaid Illlld, and will delimd the H1Illl age.iD&t!awful claimS of all ponlID$
whomsoovet.
. "OraD...... anII"CIrutoo" IlIll U$od for ~Ior Ot p\UrllI. as COIIIOU.........
In Witness Whe.reof. ~ has hcmmto set fPIIllK's hand and $~ tho day iIld yeal" lint above writ1Ilo.
M.v,25. 2005 9:09AM
No,7696 p. 7
,.-\
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FILE :It 1. 4::3 7' :9 '7 "1'
BKl!=1. 994 PGf5:2"7
Signed. ~led and deli'll~cd in om pie8llI:ICC:
((:Qq1omw SIllIl)
State ofFtotida
County ofMom:oe
The foregoing iDstmmcot _ acknowltdged bBforc w: this 11. clay of AptiI. 2004 by AI10n J. Livdy, Jr.. Presldtut of
Lively ~ Inc., . Florida llOl'pOImOll, on beba1f oCthe ClXpODtion. HeIeht J?d is perI04I1ly !mown to DIll en- [J has
produc;cd.a drive&'. IiceDsc lQ icIentifloa1jag
~~~
Notuy P\1blic
~ ~ ~ .Iu,,:/ftZ--
~
l'riDled Name:
[N.otaly Seal]
My Commissjou, &pirca:
t\ONROE COUNTY
OFFICIAL BECOBDS
w...."""De.I ~ F-V -Pa&e'-
EXHIBIT D.
Legal Description
fgotiF", ~IZl@1Y1~g) ~IjI,Jrwt:yiltiJg S~lfVm~~$t7 ~n€bo
DESCRIPTION
of a portion of East Second Street Right-of-Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
All that part of East Second Street Right-of-way, per the subdivision plat ofMandalay
located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, being
more particularly described as follows:
BEGINNING at the intersection of the northerlymost comer of Lot 2, Block 4, and the
southeasterly right-of-way line of East Second Street per said subdivision plat of
Mandalay;
thence along said southeasterly right-of-way line S.45000'00"W. for 100.80 feet;
thence continue along said right-of-way line southerly 39.37 feet along the arc ofa
tangential circular curve concave to the east, having a radius of 25.00 feet, through a
central angle of 90000'00" and being subtended by a chord which bears S.OOoOO'OO"E.
for 35.56 feet to the northeasterly right-of-way line of Second Avenue per said
subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'00"W.
for 100.00 feet to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential
circular curve concave to the north, having a radius of 25.00 feet, through a central angle
of90000'00" and being sub tended by a chord which bears S.90000'OO"E. for 35.36 feet;
thence continue along said right-of-way line N.45000'00"East for 100.79 feet to the Point
of Beginning of the Parcel herein described;
Bearings are based on the centerline of East Second Street being N.45000'OO"E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F. Gaines Surveying Services, Inc.
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E ia1)efh F. Gaines, PSM Florida License No. 4576
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Not valid unless signed and embossed with the seal of the named surveyor.
Reference: 0169-B02..oo9.dwg
1342 Colonial Boulevard. Suite E-34B. Fort Myers, Florida 33907
Phcne: 239-41&tH26 .. Fax.: 239418-0127 @ Il.vww.EFGaines.com
COMPLIANCE WITH CONDITIONAL APPROVAL:
FIRE MARSHALL
COUNTY ENGINEER
1k~~
October 18,2006
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
Office of the County Attorney
Attn: Kathy Peters
502 Whitehead Street, Rear
Post Office Box 1026
Key West, Aorida 33041-1026
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
Ref: Mandalay Road Abandonment
Dear Ms. Peters:
As requested in our meeting of October 12,2006 this letter serves as an agreement to comply
with all requirements and conditions of the Monroe County Fire Marshall and Engineer
pursuant to the Mandalay Club development petition to abandon a portion of East First Street
and East Second Street.
Please notify this office if you have any questions or concerns regarding this project. Thank
you for your assistance.
Cc: Donald L. Craig, AICP
Client, file
Timothy Thomes, P.A.
RECEiV f''''
OCT 1 9 ?fif';
MONROE COUNTY ATTORNEY
10/18/06
10fl
COUNTY ENGINEER
FINDINGS AND RECOMMENDATIONS
A. 4/11/2006 Request for compliance
B. 4/6/2006 Conditional approval
C. 12/8/2005 Status memo revised site plan
D. 9/15/2005 Status and findings memo
e
~...."". OUNlYo1MONROE
_' KEY"IJlJEST ~ U~ClRII:>A 33040
, >C''. _. . . (305) 2lM-4641
e-
r'~'~
~@IF~~mll~
Mayor "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District :z
DiMd P. Rk2, DiSb1ct 4
DixIe M. Spehar, DisI:rIct 1
~1/b~tAe~~
502 'WAit.eIiead SIufl, 9lea&
!lNt i'fIia !Ilea; 1026
:IVy 'WeK, !IE 33041.1026
April 11, 2006
Nicholas W. Mulick, P.A
91645 Overseas Highway
Tavernier, FL 33070
RE: Road Abandomnent Petitions - Part of East First Street, Mandalay Subdivision, Key Largo, FL
Part of East Second Street:, Mandalay Subdivision, Key Larco, FL
Dear Mr. Mulick:
Enclosed please find the County Engineer's memorandum dated April 6, 2006 regarding the abov.e-
referenced Road Abandonment Petition which sets forth specific conditions for approval. Please review and
provide written documentation that you are willing to comply with these conditions. Per request, a faxed
copy of the County Engineer's conditional approval was provided to Tom Williams on 4/10/06 @ (305) 292-
1525. If additional information is needed, you may want to contact the County Engineer directly. A copy is
also being provided to the County Planning Department and the County Fire Marshall for their review and
input.
Should you have questions or concerns, please feel free to contact myself or Suzanne Hutton, Assistant
County Attorney, by phoning our main office at (305) 292-3470.
Sincerely,
~.~
JERRYD. SANDERS
Assistant County Attorney
JDSkmp
Enclosure
cc: David S. Koppel, County Engineer
Aref Joulmri, Acting Platming Director
WalIIy Romero, Fire MsJrshall's Office
SU'UlJl'il.11!Je A. Hutton, County Attorney
Pc
02~.-"~.'OUNTYoLMONROE
., KEY WEST ~ ~_ORIOUlO>iO
"---. (3DS)~1
r-~--
Mavor 01aI1es "'Sonny'" McCoy, ~:;
Mayor Pro Tern MUI'l'iiY E. NeIsGn, 0lstrId 5
Dhde M. Spehar, il4strIcI: 1
George Neugent. Distrld: 2
DavId P. RIce, DIsbid: If
Monroe County
Board of County Commissioners
Engineering Division
The llistoric Oato Cigar fadory
1100 Simonton Street, Suite 216
Key West, FL 33040
(305) 292-4426 - Phone
(305) 2954321 - Fax
.
REcetvlO
APR 06 2M:
MOHROE COUIfN ATTORNEY
MEMORANDUM
DATE:
Suzanne Hutton,
County Attorney
David S. Koppel ) III
Division Director I County Engineer ar<-
4-6--06
TO:
FROM:
RE:
Road Abandonment Petition
Ocean Sunrise Associates, LLC
Part of East 1 It St, Part of East 2nd St
Mandalay Subdivision, Key Largo
The above-referenced petition has been reviewed and approved by this department with the following
conditions:
1, Construct a "1'" turnaround fit the new end of East 1 st Sl within the developer's property, if
necessary .
2. Construct an access road at the new end of East 2rrd St. and connect to 2nd Ave.
3. Provide an ingress/egress easement associated with the above.
Please feel free to contact me if you have any questions.
8
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MEMORANDUM
DATE:
December 8, 2005
TO:
Kathy Peters
County Attorney's Office
David S. Koppel, P.E. ~)bJ
County Engineer 0)' ...
af .
iiI-I:! ,) /. rl
FROM:
:lilIlJj~: j...... ,_....". . .,. ,vr1I~l;)i
. .. ~l; I
RE: Mandalay Subdivision, Key Largo
Road Abandonment Petition Review
I am in receipt of the attached site plan that addresses all my concerns. Specific
details, dimensions and legal documents &till need to be finalized, however. Also, I
understand that the Fire Marshal's office and the Planning Department may still have
some issues,
Please feel free to call me if you have any questions.
DSKljbw
Attachment
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"CflIiCIII-f)IWII."fIlliiJ~___________..__ _
MEMORANDUM
DATE:
Kathy Peters, Paralegall Administrative Liaison
County Attorney's Office
David S. Koppel /::fJ()
County Engineif
September 15,2005
REceIVED
TO:
SEP 1 6 2005
FROM:
MONROE COUNT'," ATTORiIIE\-
RE: Road Abandonment Petition Review: Portion of East Second Street,
Key Largo, FL (MM 97.5) Petitioner: Sam Stoia
We have reviewed the above-referenced request and offer the following comments:
1. The abandonment will nelatively impact the flow of traffic, including emergency
responders. The road (2D Street) currently connects First Ave. with Second
Avenue. The abandonment, if approved, will cause Second Street to be a dead
end.
2. The petitioner is not the sole owner of property contiguous with the abandonment
request.
3. The other property owners which are contiguous with the abandonment request
have not provided letters of approval.
4. Letters of no objection should also be provided by those properties impacted by
the abandonment. Specifically, those properties along the remaining roadway
which will now be a dead end.
5. Reference is made in the application to another petition for abandonment. This
should be provided so the two petitions can be reviewed together.
Please let me know if you have any questions.
DSK/jl
EastSecondStRdAbandonmentKL.DOC
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FIRE MARSHALL
FINDINGS AND RECOMMENDATIONS
A. 5/15/2006 Conditional approval and attachments
B. Memorandum dated 11/30/2005
C. Conceptual approval dated 11/2/2005
D. Denial dated 8/912005
OK~~rY ~o~~~~E
(305) 294-4641
(,.,...--..
BOARD OIF COUNTY mlMi\IilISSiOlMlEfiill
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Glenn Patton, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63rd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
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t:.lJt:6
INTEROFFICE MEMORANDUM
DATE:
May 15,2006
SUBJECT:
Suzanne A. Hutton, Assistant County Attorney
Arthur "Wally" Romero, Assistant Fire MarShal(f)
ROAD ABANDONMENT INSPECTION:
(Portions of East First Street and Second Ave, Key Largo Fl. MM 97.5 )
TO:
FROM:
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment.
1. Approval of the requested road abandonment at East First Street.
2. A fire hydrant shall be installed at US Hwy 1 and Second Ave prior to the complete abandonment of Second
Ave. This will provide fire protection to the project and fire protection to the area. Completion date for hydrant
shall be required.
This office has no objection to the abandonment.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: Clark O. Martin, Fire Chief, Monroe County Fire Rescue
Steve Zalvaney, Captain, Monroe County Fire Rescue. Fire Prevention.
Dave Koppel, County Engineer, Monroe County Engineering Department
Kathy Peters, Paralegal/Administrative Liaison, County Attorney's Office.
Aref Joulani, Planning Director, Monroe County Growth Management
MONROE COUNTY FIRE MARsHAL'S OFFICE
A
t'lal~ 28 06 103 02,~
MQ~rQe Cou~~~ Station 13
872-2407
;~.. 1
3-5 . Fire Lanes 55
The presence of a competent person who has access to
readily available fire extinguishing equipment and knowl-
edge of how to use that equipment is important to main-
taining a safe outdoor fire. Many times, outdoor fIres bum
out:of control because there is no person in attendance to
notify the fire department and to take action to prevent fire
spread. The authority having jurisdiction should establish
guidelines for safe burning and may require fIre apparatus
to be present dunng some burning.
3-4A The authority having jurisdiction shall have the au-
thority to prohibit any or all open fires when atmospheric
conditions or local circumstances make such fires hazardous.
3-4.5 During that period of the year declared by the author-
ity baving jurisdiction to be the dry season, it shall be unlaw-
ful to set fires to any brush or forest covered land.
In many parts of the country, the fire danger is extremely
high during certain times of the year. During such periods,
the authority having jurisdiction should prohibit any opeD.-
buming. The public should be notified that burning is prohib-
ited, and special care should be taken.
3-4,6 On such occasions when the chief executive of the
jurisdiction declares a dry season and establishes special
regulations on the use of any form of fire or smoking mate-
rial, the authority having jurisdiction shall have the authority
to assist in the enforcement of such regulations.
3-4.7 No charcoal burners shall be kindled or maintained
on combustible balconies or within 10 ft (3 m) of combusti-
ble patios on groWld floors.
Exception: Single-family dwellings.
Paragraph 3-4.7 prohibits charcoal grills on combustible
balconies or patios of all occupancies, with the exception
of one- and two-family dwellings.
3-4.8 Cylinders having water capacities greater than 2lh 111
(1 kg) [nominal lIb (0.5 kg)] LP-Gas capacity shall not be
located on balconies above the first floor that are attached
to a multiple family dwelling of three or more living units
located one alJove the other.
Exception: Where such balconies are served by out aide
stairways and where only such stairways are lued to trans-
pon the cylinder. (58:3-4.9.2)
Paragraph 3-4.8 prohibits gas grills wi!h a tank capacity
over 2.5 111 (1 kg) on balconies of multifamily dwelling& of
three or more units located above each other. This restriction
prohibits gas grills in all high-rise apartment buildings and
most other residential buildings of three stories or more.
There are very few buildings that can meet the excep-
NFPA Fire Prevention Code Handt)ook 2000
tion, which permits the use of !he grills if a dedicated outside
stairway is used to transport the cylinders.
Inspection of every balcony of multifamily dwellings
is an impossible enforcement task, Enforcement of this re-
quirement should begin with providing written notification
of this requirement to condominium associations, property
management agencies, and others who are affected. When
the potential danger is understood, iris easier to get voluntary
compliance. Landlords can also include this prohibition in
leases. to ensure thlR the tenant- is !tWlII'e that this practice is
forbidden.
3-4.9 Every commercial incinerator and commercial barbe-
cue fireplace- shall be equipped and maintained with a spark
arrestor and shall be maintained in good condition, working
onief, and repair at all times.
1-5 Fke Lanes-
3-5.1 Fire lanes shall be provided for all buildings that are
set back more than 150 ft (46 m) from a public road or
exceed 30 ft (9 m) in height and are setback over 50 ft (15
m) from a publIc road.
Exception:. Where build;."gsare protected throughout with
an approved automatic sprinkler system, the provisions of
this section shall be permitted to be modified by the authority
having jurisdiction.
Fire lanes are required in order to provide unobstructed
access to buildings for fire department and other emergency
vehicles during emergencies. Buildings that front on public
ways rarely require additional access. However, buildings
that are set back from a public way shall provide and main-
tain fire lanes approved by the authority having jurisdiction.
as shown in Exhibit 3.2.
3-5.2 Fire- lanes shall be not less than 20 ft (6 m) of unob-
strocted width, able to withstand live loads of fire apparatus,
and have a minimum of 13 ft 6 in. (4.] m) of vertical
clearance. An approved turnaround for fire apparatus shall
be provided. where all aceess road. is a dead end and is in
excess of 150 ft (46 m) in length. The turnaround shall have
a minimnm centerline radi~ of 50 ft (15 m). The grade,
smface, and location of the fire lane shall be approved by
the authority having.jurisdiction_
Exception No..1: Tor Y turnaround arrangements shall be
permittetl.
Exception No.2: When acceptable to the authority having
jurisdiction, turnaround arrangements other than a cul-de-
sac shall be permitted to be used.
M~r 29 06 10g0~~
"onra~ CDunt~ St~tlDn 13
8172-24137
po :2J
3-5 . Fire Lanes 57
r6l.~~ t
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T-tum . ......-
equal 10 length
~fire
Cukle-88c- ~
.
_ Forwerd
Exhibit 3.4 A roguIar cul-de-sac turnaround, with the 50-it
(15-rn) centerline turning radius required by NFPA 1.
utilized by fJre apparatus shall be constructed and maintained
to accommodate fire apparatus.
Bridges and elevated surfaces, such as piers andboardwaIks,
that are used to provide fire department access must be
designed to support the live load of the heaviest piece of
fire apparatus that is likely to be driven on them. All bridges
and elevated surfaces should be designed for 811 HS-20 high-
way vehicle load rating in accordance with the Standard
Specifications for Highway Bridges{l996 edition), which
. is published by the Americ8ll AssOciation of State Highway
and Transponation Offtcials.
3-5.4 Fire lanes shall be marked with freestanding signs or
marked curbs, sidewalks, or other traffic surfaces that have
the words FIRE LANE-NO PARKING painted. in con-
trasting colors at a size and spacing approved by the authority
having jurisdiction.
Fire lanes must be adequately marked with signs or painted
surfaces, lIS shown in Exhibit 3.6. These markings must be
obvious to the public so that the property owner, as well as
police and fire officials, can enforce the no parlring provis-
ions of the fJre lane. In areas where snow and ice can obscure
cmus and painted. pavement, freestanding or permanently
mounted signs should be considered for identifying fire
lanes.
NFPA Fire Prevention Code Handbook 2000
20ft
(8m)
.. Revemt
_ FOfWarcl
Exhibit 3.5 The- T-tum and Y-(um arrangements shown here
aTe allowed but are less desirable than a regular cul-de-sac
tumaround.
Looal ordinances should be developed so that the no
partting restrictions can be enforced on both private and
public property. NG parlring ordinances for fire lanes should
contain provisions that allow for the towing of vehicles that
are left unattended in fire lanes on either private or public
property.
3-5.5* Fire lanes shall be maintained free of all obstructions
at all times.
Exception: Approved security gates and other movable bar-
riers.
M~r 2S 06 10~02a
"anrae CaunC~ Statian 13
872-2407
~~) <J ;2
56 Chapter 3 . General Provisions
> 150ft
(46m)
Exhibit 3.2 Rre lane arrangement S6rving a building over
30 ft (9 m) in height and over 50 ft (15 m) from a public road
and another building over 150 ft (46 m) from a publ1c roBJi
Because the fire lane is over 150 ft (46 m) in length, an
approved turnaround is required.
The minimum fire lane width of 20 ft (6 m) allows fire ap-
paratus to pass when one apparatus is working asa pumper
at a hydrant or an aerial setup. The lane edge closest to the
building should be at least 10 ft (3 m) from the building.
as shown in Exhibit 3.3. For buildings greater than 30 ft
(9 m) in height with no frontage on a public way, the fire
lane width may have to be increased to allow for optimum
aerial ladder or elevating platform access to all stories. The
authority having jurisdiction should consider the clearance
width required to set up the stabilizers on an aerial device
when approving a fire lane width.
Acme SupenTllllket
Fit-Rite
Shoes
Cheryl's
Dress Shop
" ~
,. .~
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Exhibit 3.3 Ammgement of fire lanes In front of 8 building.
Fire lanes must be able to withstand the live loads of
fire department apparatus but are not required to be paved or
constrocted of the same materials as access roads, driveways,
parking lots, and so forth. A fIre lane may have a subsurface
construction of hard material adequately designed to support
the heaviest piece of fire apparatus that is likely to be driven
on it. The lane should be covered with no more than 3 in.
(7.6 mm) of soil, sod, or both. A subsurface fire lane must
be adequately identified with borders, flush curbing, stakes,
or other means acceptable to the authority having jurisdiction
that are easily identifiable-to the fire apparatus drivers. Sub-
surface structures such 8S septic tanks shall have an HS-20
highway loading as specified by the American Association
of State Highway and Transportation Officials. Special con-
sideration must be given to. fire lanes in climates where the
accumulation of snow and ice must be removed in order to
maintain fire department access. The minimum overhead
clearance to wires, bridges, and so forth shall be 13.5 ft
(4.1 m); however, a clearance of l4 ft (4.27 m) is more
desirable, especially where accumulations of ice and snow
could reduce the ovemead clearance provided.
Where a fire lane or other fire department access road
exceeds 150 ft (46 m) in length and is also a dead end, an
approved turnaround is required. If the turnaround is pro-
vided by a cul-de-sac, it must have a minimum 50-ft (15-
m) centerline turning radius for a normal turn, as shown in
Exhibit 3.4. If the turnaround is provided by a Y-tum or a
T-turrr, as shown in Exhibit 3.5, it should provide ample
space.
In addition; the design of the local fire apparatus needs
to be considered, as many aerial devices now have extensive
overhang ahead of the- front axle. Utility poles and trees at
the curb line can present a problem in maneuvering an aerial
device around a cul-de":..sac.
The grade, surface, and location of the fire lane is re-
quired to be approved by the authority having jmisdiction.
The grade should pennit fire apparatus use of the flre lane
during all conditions, snch. as snow, ice, and rain. It should
not be too steep to prevent apparatus from a speedy response.
Common surfaces are cement and asphalt; other surfaces
such as grass areas with underground support shOuld be
acceptable to 1lSe during all conditions. A fire lane is required
to gain access to a building. However, the Code does not
fe<luire the fire lane to reach the back of the building. The
authority having jurisdiction should review each building
and the fire lane requirements needed for fire department
access to that building. Considerations should include,
height, construction, occupancy, and fire department re-
sponse.
3-5.3 Where a bridge is required to be used as access, it
shall be constrUCted and maintained using live design loading
sufficient to ClIllY the imposed loads of the fire apparatus.
Where an elevated surface is used as access, that portion
2000 NFPA Fire Prevention Code Handbook
12172-2407
po4
M~r 28 D6 IDaD6~
Monroe CDun~~ St.~lon 13
68 Chapter 3 . General Provisions
( Curb pall'11ed while or yellow
If
~f)\ " NO
3-in. (7.8.cm) white or yellow lines with
24-ln. (51-em) Iligh letters In while or yellow
'FIRE LANE NO PARKING"
painted on pavement
rCum painted red
Ii
[F~R
___ Pavement
palmed red
24-ln. (6t -em) hfgh while Iettelll on
solid red backgmund
"FIRE LANE NO PARKlN.G"
@
Reflective while
background with black
"PO and red "NO" symbol
White reflective background
with red letters
Exhibit 3.6 Various means of marking fI(9/anes.
A-3-SS Fire lanes should be kept clear of obstructions such
as parked vehicles, fences and other barriers, dumpsters,
excess vegetation, and so forth. However, it should be under-
stood that a. severe snowstorm can make these lanes tempo-
rarily inaccessible. In many partS of the country the annual
snowfall is of such magnitude that alternative arrangements
such as temporary roads over tire snow accumulation can
be necessary.
The use of readily removable barriers at the entrance to
flre lanes may be allowed. provided that these. bamers- are
installed according to the requirements of the authority hav-
ingjurisdiction. Such a barrier could be a gate with a break.
away lock, a lock keyed the same as the jurisdiction's access
boxes, or removable posts.
3-6 Access Boxes
The authority having jurisdiction shall have the authority to
require an access box to be installed in an accessible loeation
where access to or within a structure or area is difficult
because of secUItty. The access box shall be a.type approved
by the authoritY having jurisdiction and shall contain keys
or other devices necessary to gain access as required. hy the
autItority having jurisdiction. The operator of the premises
shall immediately notify the authority having jurisdiction,
and provide the new keys or other devices, any time a lock
is changed or rekeyed and a key or other device to that lock
is contained in the access box.
Access boxes provide an orderly system of gaining access
to buildings while maintaining a high level of security. These
heavy-duty key repository boxes provide a high-security key
system that ensures that only the fire department can access
the keys within them.
Some systems have provisions for securing the key to
the key box inside the cab of an apparatus. The fire company
must contact central dispatch in order to have the key re-
leased for its use. A log is kept that indicates exactly when .
and" where fire companies are accessing buildings or other
secure areas. The dispatch center can also determine when
the key has- been returned to its secure position in the appara-
tus. This type of system provides the highest level of security.
. Smn~ fire departments require access boxes to be
mounted on a wall at a height of 10 ft-12 ft (3 m-3.66
m) to prevent tIt~ lock from being vandlllized. The fire
department can quickly access the box using a ladder from
the apparatus. &hibit 3.7 illustrates a typical access box:.
Exhibit 3.7 Typical access box.
Most manufacturers that supply access boxes also pr0-
vide a variety of other products, sucb as materials:-safety
data sheet cabinets that can be used to keep important site
information in a secure location for access by the fire depart-
ment. Padlocks keyed to a master key system are also avail-
able. These locks- can- be. used to secure gates and other
2000 NFPA Fire Prevention Code Handbook
O~~rY ~~~~~~E
(305) 294-4641
r'~
!aCAR.i) OF COUN'n' COMMUSIOIl\lIE~
Mayor Charles "SOnny" McCoy, District :3
Mayor Pro Tern Murray E. Nelson, District 5
Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Monroe County Fire Rescue
490 63rd Street, Suite 162
~aratbon,F1,33050
(305) 289-6010
(305) 289.6013 Fax
MEMORANDUM
TO:
FROM:
Kathy Peters: for Suzanne Hutton, Assistant Coun~rney
Arthur "Wally" Romero, Monroe County Fire RescJt.!J
SUBJECT: Mandalay Subdivision Road Abandonment Petition Review, Key Largo, FI
DATE:
November 30, 2005
The Monroe County Fire Marshal Office responded in writing, on September 17, 2005 and
November 2, 2005, to both parties' request for the road abandonment petition, Both parties are in
receipt of the fire department access conceptual requirements.
The Monroe County Fire Marshal Office concurs with the County Attorney, that both petitioning
parties work directly with Growth Management, the County Engineer, the Fire Marshal and the
Planning Department.
If any parties request more meetings, please note that the Fire Marshal Office shall not
attend unless ALL parties are present. If the petitioning parties are in attendance with a sealed
engineer site plan with all conceptual requirements, most likely a solution can be reached without
further delay.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to
contact our office.
cc: Dave Koppel, Monroe County Engineer
Jason King, Monroe County Senior Planner
Steven Zavalney, Captain Monroe County Fire Rescue, Fire Prevention
r.=-.]~~; - . ,
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(305) 294-4641
Monroe County Fire Rescue
Office of Fire Marshal
490 63rd Street, Suite 162
~aratbon,FI.33050
(305) 289-6010
(305) 289-6013 Fax
November 2, 2005
The Craig Company
Po Box 372
Key West, Fl33041-0372
305-294-1515
305-292-1525 FAX
,..........~~
r
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
DavId P. Rice, District 4
Murray E. Nelson, District 5
RE: Conceptual Approval for Road Abandonment at Mandalay Harbor
Dear Mr. Craig,
As per our meeting at the Marathon Government Annex on October 5, 2005, the following shall be
required prior to a Conceptual Approval:
1. The Road Abandonment at East First Street, the T turnaround, shall comply with NFPA
1 Chapter 3.3-5 and the Florida Fire Prevention Code Chapter 18-Fire Department
Access.
The Road Abandonment for Second Avenue, the cul-de-sac turnaround shall comply
with NFPA 1 Chapter 3.3-5 and the Florida Fire Protection Code Chapter 18,
2. The two roads east of the cul-de-sac shall provide Fire Department access to the
proposed new structure, all existing structures and the public right of way.
3. Only one fence shall be permitted to separate any properties. Any fence or gate shall
require Fire Marshal approval prior to installation.
4. Fire flow (fire hydrants) shall be required for the proposed new project,
5. Any site plan shall be designed and sealed by a certified engineer for Fire Marshal
approvaL
6. A letter of conceptual approval or required changes from Monroe County Engineer,
Dave Koppel shall be required.
1
~
7. There shaH be no letters of objection from utilities or any other entities.
8. All Monroe County Road Abandonment requirements shall be completed prior to final
approval.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to contact
our office.
Sincerel ,
'/;:&ME,cO
hur "Wally" Romero
Assistant Fire Marshal
Monroe County Fire Rescue
cc: Kathy Peters, Paralegal/Administrative Liaison, County Attorney's Office
Dave Koppel, County Engineer, Monroe County Engineer Department
Mike Holleran, Earth Mark Companies
Chief Clark O. Martin, Jr., Fire Chief, Monroe County Fire Rescue
Steve Zavalney, Monroe County Fire Rescue
Jason King, Senior Planner
Joe Medallion, Monroe County Road Department Director
Carolyn LiCause, Monroe County Building Department Administrator
2
SuzaIllle A. Hutton, Assistant COlUlty Attorney Q
Arthur "Wally" Romero, Assistant Fire Marsh~
ROAD ABANDONMENT INSPECTION:
(Portion of East Second Street, Key Largo, Fl. MM 97.5 )
O~~1Y ~o~~~E
(305) 294-4641
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63rd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
DATE:
August 9,2005
TO:
FROM:
SUBJECT:
I.......-'.~
r
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
INTEROFFICE MEMORANDUM
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. The office
can not approve any portion of this Road Abandonment. There would be no fire department access for any type of
emergency that would require a response from fIre rescue services.
If the Fire Marshal's Office can be of any additional assistance in this matter, please feel free to contact our office.
Jeff Stuncard, Principal Planner, Monroe County Growth Management
Kathy Peters, Paralegal/Administrative Liaison, County Attorney's OffIce
Chief Clark Martin" Fire Chief, Monroe County Fire Rescue
Dave Koppel, County Engineer, Monroe County
Marlene Conaway, Planning Director, Monroe County
cc:
@RoadAbdn/RoadAbdn/mw7.0
RECEIVED
AUG 1 5 2005
MONROE COUNTY AHORNE'
MONROE COUNTY FIRE MARSHAL'S OFFICE
\)
GROWTH MANAGEMENT
FINDINGS AND RECOMMENDATIONS
A. 9/19/2006 Conditional approval
q~p'?6 06 Dl:21p
G~=6!M'~!'U Mrgt
[3051 288-2:BJ5<;:'
po2
MEMORANDUM
TO:
Jerry Sanders
Assistant County Att07Zr~eY
Ty Symroski f) /
Director Growth Ma agement Division
FROM:
SUBJECT:
Manda/ay Subdivision Road Abandonment of Portion
of rt and 21fd Streets Key Largo
DATE:
September 19, 2006
1. I have reviewed the letter of Tim Thomes dated September 16, 2006 which
confirms the meeting and discussion held on September 5, 2006 with the
County Administrator, Tom Willi, Mr. Thomes and I.
2. Mr. Thomes accurately reflects the discussions and results ofth.at meeting.
3. Growth Management Division concurs in the proposal stated by Mr. Thomas
on behalf of his clients Sunrise Associates, LLC.
4. With the conditions stated in Mr. Thomes attached letter, the Growth
Management Division recommends approval of the road abandonment
petition of portions of 19t and 2nd Streets Mandalay Subdivision, Key Largo
o FILENAME \p W:\GRQWTH MANAGEMENT\GeographicaI\Key Largo\Mandalay Road
Abandonment\Memorandum to 1. Sanders091906.docOPage 0 PAGE 10 ofn NUMPAGES 10
A
S""'p 216 [16 01~21p
Gc~D,~q<;:'!l M;S;~:;'
[305] 2188-28501;'
~) 03
Timothy Nicholas Thomes. RA.
Attorney and Counselor at Law
99188 Overseas Highway, Suite 8 · P.O. Box 3318 · Key Largo, Florida 33037
{3051451-4053 . Fax (305) 451-3768 · Mobile (305) 384-1114
E-Mell KeysiewOearthllnk.net / TNThomesoeerthlink.net
September 18, 2006
Jerry Sanders. Assistant County Attorney
Marathon Government Center
Marathon, Flo.t:ida 33050
Re: Ocean Sunrise Associates, LLC/Mandalay Road Abandonment
Out File No. 05-4918A
Dea.r Mr. Sanders:
In compliance with YOul: request, the following is the synopsis of the agreem.ent
reached at the meeting attended by Thomas Willi, 1'y Symroski and my client, Ocean
sunrise .Associates. LLC (hminaft't- "OSA") on 9/05/06.
1. The Planning Department (Mr. Synuoski) agreed to recommend abandonment of in
and 2ad Street (parts of Ea.st First and Second Street Rights of Way. subdivision plat of
Mandalay located in Section 6, Township 62 South Range 39 East, Key Largo, Monroe
County, Florida) with the following conditions:
a) My client would execute the access easement for 2D.d Street in the form we have
previou.sly agreed.
b) My client would agree to ma.intAin, la.ndsca.pe and otherwise improve 2nd Avenue
and its side setbacks as directed by the county, and su.bject to whatever
inspections and conditions the county deems necessary ftorn time to time.
c) The lll'proval by the BOCC to the abandonment of 1st and 2"d St.teets would be
subject to a reverter clause in standard form (I can draft for YOllr review) which
would revert the abandoned property back to the county if my client's
development is not approved, or the project is not constructed.
.. d) My client would also improve, landscape and otherwise maintain the boat ramp
located at the Atlantic water ward termination of 2nd Avenue (sttbject to
required governmental approvals).
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I hope this provides you with the information you need to p.toceed to place this
issue on the BOCC meeting agenda.. At the meeting, Mr. Willi and Mr. Symroski
unclctlltood and aglced that any tOlld abandonment or other issues related .to Sam Stoia's
property is not related to, nor does it prevent, the right of o.SA t.o .tn..!)\l:e f9.nvard w:it4
these to!l4 aban<t9ntn.epts. . .. . .. . .
P''"R rEi 016 01 ~ 21p
G"'~o!wt,h M~t,
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Jerry Sanders, Assistant County Attorney
September 18, 2006
Page 2
If you have any questions, please do not hesitate to conta.ct me.
Respectfully submitted,
cc: Client
VIA E-MAIL ONLY (Sanders-jerry@monroecounty-fl.gov)
"
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MCSO TRAFFIC IMPACT ASSESSMENT
~
Sheriff
SUBSTATIONS:
Freeman Substation
20950 Overseas Hwy.
Cudjoe Key, FL 33042
(305) 745-3184
FAX (305) 745-3761
Marathon Substation
3103 Overseas Hwy.
Marathon. FL 33050
(305) 289-2430
f1\X (305) 289-2497
Islamorada Substation
87000 Overseas Hwy.
Jslamorada, FL 33036
(305) 853-7021
FAX (305) 853-9372
Roth Building
50 High Point Rd., Suite 100
Tavernier, FL 33070
(305) 853-3211
FAX (305) 853-3205
DETENTION CENTERS:
Key West Det. Center
5501 College Road
Key West, FL 33040
(305) 293-7300
FAX (305) 293-7353
Marathon Det. Facility
3981 Ocean Terrace
Marathon, FL 33050
(305) 289-2420
FAX (305) 289-2424
Platation Det. Facility
53 High Point Road
Plantation Key, FL 33070
(305) 853-3266
FAX (305) 853-3270
SPECIAL OPERATIONS
P.O. Box 500975
Marathon, FL 33050
(305) 289-2410
FAX (305) 289-2498
AVIATION DIVISION
10100 Overseas Hwy.
Marathon, FL 33050
(305) 289-2777
f1\X (305) 289-2776
~gMMUNICATIONS
2796 Overseas Hwy.
Marathon, FL 33050
(305) 289-2351
FAX (305) 289-2493
tlCl I) 2006
Monroe County SlieriffJs Office
'Rjchard 1J. 2(oth; Sheriff
5525 Co[fege <](paa
1(f.y West, :FforUa 33040
(305) 292-7000 :FJIX: (305) 292-7070 1-8oo-273-COPS
www./(f.ysso.net
To: Colonel Rick Ramsay
Undersheriff
RECEIVED
From: Captain Don Hiller
Commander, Sector 7
~
OCT 1 9 2006
MONROE COUNTY ATTORNEV
Date: October 12,2006
Re: Road Abandonment Petitions
Sir,
Per your request, I investigated the area that is being requested for road
abandonment. The area in question is a large parcel of land that was previously a
trailer park. They have since leveled the trailers and have plans to build a large
scale development named Mandalay Harbor.
After reading the enclosed documents and inspecting the area, I met with
Mike Holleran. He is the Director of Development. and Construction for
Earthmark Companies. He provided me with an up to date plan for the use of the
property (enclosed). The first road in question is East First Street. On the enclosed
map, you will see the outline of the proposed development as well as where East
First St. would have been. The road would actually be turned into a dead end
(with an turnaround) for the remaining residences still on First st, The only access
would now be from First Ave. I don't see this as a problem for any emergency
vehicles or a problem with shifting of traffic for the small amount of road that will
actually be used. The company plans on developing directly across where East
First St. currently is.
The second piece of road is East Second St. The petitioners show a request
for a portion of this road also. After speaking with the developers, originally they
planned on gating the end of the road but have since changed their plans after
speaking with the Fire Marshals office. The road will now be completely open for
ingress and egress from both First and Second Avenues. Petitioners also plan to
develop the boat ramp that is located next to the restaurant that they also own. To
assure room for boats with trailers, large trucks and emergency vehicles to turn
around, they also have a proposed area for this specific purpose (see diagram).
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.
It is my opinion that this petition will not hinder law enforcement
functions, public access, or any other obvious problems. The main portion of the
traffic for this development appears to be from Second Ave side of the complex
and thus not affecting the residence off of First Ave. This appears to be a high
scale development and the improvements the petitioners plan will actually be a
benefit to the area.
Thank you for your attention in this matter. If you have any further
questions, please feel free to contact me.
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!Monroe County Sheriffs OffitRi
2{.icfiard ff). 1?.9tfi! S fierijf
5525 CoaR,ge ~ad
'Xf-y West/TforUfa 33040
(305) 292-7000 :J5U: (305) 292-7070 1-800-273-COl'S
www.kf-ysso.net
Communications:
2796 Overseas Hwy.
Marathon, Fl. 33050
(305) 292-7075
FAX (305) 289-2493
To:
Captain Don Hiller
Commander, Sector 7
Substations:
From:
Colonel Rick Ramsay
Undersheriff
Freeman Substation
20950 Overseas H wy.
Cudjoe Key. Fl. 33042
(305)745-3184
FAX (305) 745-3761
Date:
10th Oct. 2006
Marathon Substation
3103 Overseas Hwy.
Marathon. Fl. 33050
(305) 289- 2430
FAX (305) 289-2497
Ref. Two Road Abandonment Petitions
Captain Hiller, this is a time sensitive marter, so please take care of it yourself or have
your XO inspect the area.
Islarnorada Substation
87000 Overseas Hwy. W 1 kin ~ affi' tha'gh ul fth. ..
Is]arnorada, FI. 33036 e are 00 g lor tr c Issues t ml t occur as a res t 0 IS request I.e. mgress
(305) 853-7021 and egress, emergency vehicle access, shifting of traffic, public use of the property, any
FAX (305) 853-9372 know,fissues with the property, illegal use of the property by the requestor and other
Spottswood Substation issues as identified by you or your staff.
88770 Overseas Hwy.
Tavernier, Fl. 33070
(305) 853-321]
FAX (305) 853-3205
Upon completion of the site inspection, please write up the outcome and
recommendation.
Detention Centers:
Key West Oct. Center
550 I College Road
Key West, FI. 33040
(305) 293-7300
FAX (305) 293-7353
Please forward your findings to myself so that a final recommendation can be made to the
County.
Thank you very much for your time in this marter.
d
Marathon Det. Facility
3981 Ocean Terrace
Marathon, Fl. 33050
(305) 289-2420
FAX (305) 289-2424
Plantation Det. Facility
53 High Point Road
Plantation Key, FI. 33070
(305) 853-3266
FAX (305) 853-3270
Special Ooerations
PO. Box 500975
Marathon, FI. 33050
(305) 289-2410
FAX (305) 289-2498
.I
,
LETTERS OF NO OBJECTION -
CONDITIONAL APPROVALS: UTILITIES
KEY LARGO WASTEWATER TREATMENT DISTRICT
FLORIDA KEYS AQUEDUCT AUTHORITY
FLORIDA KEYS ELECTRIC COOPERATIVE
BELLSOUTH
COMCAST CABLE
KEY LARGO WASTEWATER TREATMENT DISTRICT
POST OFFICE BOX 491; KEY LARGO~ FLORIDA 33037
PHONE (305) 453-5804 FAX (305)453-5807
.I!t;,
,.. "on5
Gel '0 /.;.,U'
THE CRAIG COMPANY
KE" WEST R
October 13, 2006
Thomas W, Williams, Ph,O,
The Craig Company
P.O. Box 970
Key West, FL 33041
Re: MandaJay Major Conditional Use Application and Road Abandonment
Dear Mr. Williams,
I am sending this letter as a follow up to our telephone conversation regarding the abandonment
of East First Street and East Second Street in Key Largo at MM 97.4. Based on the site plan, it
appears that the proposed resort will be served by a wastewater treatment plant located on US I.
Please be aware that once Key Largo Wastewater Treatment District provides this area with
sewer, the resort will be required to connect. Sewer is not expected to be available in this area for
another four years. However, that time line is subject to change,
Based on the information provided, I have no objection to abandoning the portion of East First
Street and East Second Street shown on the map enclosed with your letter dated October 10,
2006.
lfyou any further questions, please do not hesitate to can me at 305-453-5804.
Sincerely,
.-1!6/ade--
Margaret H. Blank, P.E.
cc: File
REceIVED
OCT 1 9 2006
Encl.
MONROE COUNTY ATTORNEY
Board of Commissioners: Chairman Claude Bullock, Commissioners Gary Bauman, Andrew Tobin, Norman Higgins. & Charles Brooks
Tk~~
October 12, 2006
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
Florida Keys Aqueduct Authority
Attn: Ed Nicolle
1100 Kennedy Drive
Key West, A 33040
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Ref: Road Abandonment
Phone: 305/294.1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation, this letter serves as an agreement to provide
necessary easements and compliance with provisions for abandonment of 1 st Street and 2nd
Street for the Mandalay project. This letter serves as support to the Board of Directors letter
issued previously.
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
~
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RECEIVED
OCT ~ 6 2006
MONROE COUNTY ATTORNEY
Florida Keys
~~~o~~uct Authority /.,
~~~J~~f}lM,~5~2~,~~ ~..~
c:t:rt.'fJ
tfJ
Mary L. Rice
Chairman
Marathon
~.
J. Robert Dean
Vice-Chairman
Key West
Elena Z, Herrera
SecretaryfTreasurer
Rockland Key
Rose M. Dell
Big Pine Key
David C. Ritz
Key Largo
James C. Reynolds
Executive Director
October 26, 2006
Juan Fernandez, Project Manager
Mariner's Club Resort & Marina
97501 Overseas Hwy., Suite 201
Key Largo, FL 33037
RE: Request to abandon a portion of East First St. that separates Lots 30
through 33, Blk. 2 and the westerly 220 feet ofblk. 3, along with a
portion East Second Street that separates the westerly 125.8 feet of
Blk. 3 and Lots 1 and 2, Blk. 4 Mandalay Subdivision, Key Largo,
Florida
Dear Mr. Fernandez:
The FKAA Board of Directors approved at the May 23,2005 meeting, the above referenced project.
Pursuant to your request for the abandonment of the above-reference property, Staff has researched your
request and have no objection with this request with the following condition:
a. The applicant agrees to hire a contractor to cut the existing mains and install
flushout assemblies as shown in Attachment "A". FKAA Utility Permit will be
required for the water main work.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
?~~~
Edgar F. Nicolle, Ir.
Distribution Design Specialist
EFN/cma
cc: Kirk Zuelch, General Counsel
Arlyn Higley, Director of Maintenance Dept.
Monroe County Building Department
RECEIVED
OCT 2 6 2006
MONROE COUNTY ATTORNEY
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Fax 3052931U8
Oct 25 2008 02;42PI P002/005
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Applicant; Juan Femandez. Pmject Manager
Mariner's Club Resort & Marina
9750 I Overseas Hwy Suite 20t
Key Lar8o~ Fl33037
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Florida Keys
Aqueduct Authority ,._,'..
Post Office Box 1239 . , " , .... ,.<.. ,.,
1100 Kennedy Drive . "'",',.. .
KvyWest, Florida 33041-1239 .. ..,~'.:,:,
Telephone (305) 296-2454 .' :. . .
www.fkaa.com .. ",!: '
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No,7696 p. 3
Mary L. Aice
Chairman
Marathon
May.25.2005 9:07AM
May 4, 2005
J. Robart Dean
Vicg.Chairman
Key West
Elena Z. Herrera
SecretaryfTreasurer
Rockland Key
Rose M. Den
Big Pine Key
David C. Ritz
Key Largo
James C. Reynolds
Executiw Dimctor
.",;
Juan F em;;;;~
Mariners Club Resort & Marina
97501 Overseas Hwy., Suite 201
Key Largo. FL 33037
RE: Road Abandonment Portions of East First Street and East Second Street
Mandalay Subdivision, Key Largo
Dear Mr. Fernandez:
The FKAA has reviewed your request for abandonment for that portion of East Fi1st Street that
separates Lots 30 tbru 33, Block 2 and the westerly 220 feet of Block 3 Mandalay Subdivision as
Recorded in Plat Book 1 Page 194 Monroe County along with a portion of East Second street that
separates the westerly 125.80 feet of Block 3 and Lots 1 and 2 Block 4, Mandalay Subdivision as
Recorded in Plat Book 1 Page 194 Monroe County
The FKAA has facilities located in the area to be abandoned. The applicant agrees to modify the
e'l:jsting facilities as per the enclosed sketch. (Attachment "A'") The relocation costs will be the
responsibility of the applicant. The relocation will require a Fl<AA pemlit.
Staff will recommend approval of the item based on the above-mentioned modification of the
water mains; however it will be the decision of the Board of Directors to issue a no-objection
letter to abandon the Right of Way.
Should you have any questions or require any further information please feel free to contact this
office. .
Sincerely Yours,
FLORIDA KEYS AQUEDUCT AUTHORITY
~~~/j
Edgar F. Nicolle, Jr.
Distribution Design Manager
EFN/cma
cc: Robert Feldman, General Counsel:
Norman Hatch P,E., Director of Engineering
Arlyn Higley, Director of Maintenance
Jim Lewanski, Upper Keys Operations and Maintenance MlUlager
Fax 3052931448
Oct 25 2086 02;42P1 PO03/005
RECEIVEO
M~R ~ t ~.~~5
I.IIIW
MARINER'S CLUB
KEY LARGO
RESORT & MARINA
FK,'\A..~_~H3~~.L~.::;JNG: Oti~;'
Aprils, 2005
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Florida Keys Aqueduct AutJJority
1 too I<euoedy Drive
PO Box 1239
Key W~ F133041
n.r Mr. Bd Nicole,
I ana writiDg this Jetter for the abandonmeot of21'0114ways at the Mlndtday Trailer Park,
Bast. lit Sttect and I!.a r' Stnlet. .. illustrated ia the .nad1ed site plan.
At this tim$ we would lib to request all abandOQPV!l!lf letter so that we, The Develop<<,
can proceed. with the ablndontneot pnKieSs tbroush the county. Any ad aD electriad
easements will be provided to you accchdiugly throup the proJlOIe(llitc plm FKEC wiD
. also be given ample time 10 l'elocate existing Jines within these 2 streets.
1bank you in ach-ance for your attention in thiJ n.attcc.
FllX 3052931448
Oct 2l.i 20116 02;QpI PO04/005
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Applicant: JUIQ1 F'emmd~, Project Manager
. Mariner's Club Resort & Manna
97$01 Overseas Hwy Suite 201
Key Largo. PI 33037
Fax 3DS2931.u&
Oct 25 2008 02; d2P1l P005/005
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Applicant: Juan Fernandez. Project MJmager
Mariner's Club Resort & Marina
97501 Overseas Hwy Suite 201
J{ey largo, Fl33037
MMtJb (YY\~Jo.l:a 1rkP<Mk)
~o.o-t \ J ~ _ ~ ~~. l-rJ 54.
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OCT 1 7 2006
BY:
Comprehensive Planning
ResortfTourism Planning
Land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
October 12, 2006
Florida Keys Electric Cooperative ~~~ID)
Attn: Robyn
91605 Overseas Highway 6~-. D
Tavernier, FL 33070
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Ref: Road Abandonment
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation this date, this letter serves as an agreement to provide
necessary easements and compliance with provisions stated in the letter of no objection dated
April 18,2005 (attached).
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
~ Jt;\k~w~l\ oJ~ k ~plTYlJ6\b~
.f 0 ( f' erY'(\ ~.J t"v~ (D~1 ovrvJ.. \.AM &.e'f-'\tC\dt+e~
V (4 \ \i\.L D-' VX -'J+ / fI--t-{.7 0\ c; ~ QY\ t hi.-
i71bum~ ~~~~w'O.
Since. rely,. {~.. .
-,( U(/;/h~.-'
C;P:1L//I~-1~
To~ William.s, Ph.D/i4f- ~
Semor ASSOCIate (f
(Print Name) , FKEC Representative
KefT\-! K~l)~t:.) ~Ke.(, rn~l'\t\lJer o-fEn9;I1-ee(;Y\~
10/16/06
10f3
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FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCIATION, INC. - FKEC
91605 OVERSEAS HIGHWAY P.O. BOX 377, TAVERNIER, FL 33070.0377 PHONE (305) 852-2431 FAX: (305) 852-4794
April 18, 2005
Mariner's Club Key Largo Resort & Marina
Juan Fernandez, Architect. Project Mgr.
97501 Overseas Hwy
Key Largo, FL 33037
Re: Road Abandonment of 2 roadway easements at the Mandalay Trailer Park,
East 1 st Street and East 2nd Street
Dear Mr. Fernandez::
This letter is in response to your Road Abandonment Request received in our office dated
April 1, 2005.
Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC), has
reviewed the subdivision plat you provided and has no objection to the abandonment of
the 2 roadway easements at the Mandalay Trailer Park. FKEC will require future
easements in the new proposed condominium area.
Should you have any questions, please feel free to contact me at (305) 852-2431.
Sincerely,
---
C/~
Tom Roebling
Staking Technician
TR:rjb
cc: John M. Burch
Tim Planer
B:\DATA\Word\ENG\Engineering Documents\No Objection Mandalay TP.wpd
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October 12,2006
Comprehensive Planning
Resortffourism Planning
land Use Regulation
Development Feasibility
Site Design
Expert Witness
Landscape Design
Bellsouth
Attn: Jim Yeager
Facilities Specialist
70 Atlantic Drive
Key Largo, FL 33037
Mailing Address: P. O. Box 970
Key West Florida 33041
Office location: 600 White St.
Key West, Florida 33040
Ref: No Objection to Road Abandonment
Phone: 305/294-1515
Fax: 305/292-1525
Email: tom@craiacomoanv.com
As discussed in our phone conversation this date, this letter serves as an agreement to provide
necessary easements and compliance with provisions stated in the letter of no objection dated
April 25, 2005 (attached).
Upon Monroe County site plan approval a copy will be delivered to your company to
coordinate timing of any required access or easements.
Because of a short public hearing noticing deadline, please fax a signed copy to 294-1525.
Please contact this office if you have any questions and thank you for your assistance.
Sincerely,
~i/~~
T-6m Williams, Ph.D/i~
Senior Associate
]" r:~T.r BII h
1m eager, aCI Itles pecla 1st, e sout
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~rL- .:JUU I n ~.J I "e, I ~l:lU "7 l'It1r(lf"C.I",,~ L.LU.b
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BELLSOUTH
@
Jim Y('!Il~or. P.F..
Facility SpeeillUst
nellSouth
70 Atlantic Or.
Key tario, Flnrida )3037
phone: (305) 45319864
Caclimile:( 30S} 4514131
04/25/2005
File 11240.0900
Mariner's Club
Attn: Juan Femandez
97501 Overscaa Hwy
COQlitru.clion Tntiler
Re: R.elease of Right of Way, a portion orB, )11 St,.OO E. 214 St, ,Key Largo, Floritbl
Dear Mr. {ltlrmmQcz.
Bellsoulb has no objection to the above TcrereDCed right of WilY abandonment as described un you:" K~lch
daled 3131/0S with the f()"()wi~ IitipulatioJlll:
1. We will need you to place appropriate structures (conduit systems. hand holes) in order tilr us to
serve the new phase of ConstnlCtWL
2. You will be tellponsib1e to pay for the tetouUna of cabJeJl in order {O feed tbe properties H tbe
North of )lour abandonment to 1 at Ave.
T(you have;my questions concernin&: this you can call me at the ;above number.
Sincerely.
~<<~.~
t:?Ji~ Ye~Q6: P,E.
Speciali.t
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June 10, 200S
..JU8D.~
97501 Ovencas Bwy. Suite 201
Key Largo, Fl33037
RB: Road AbandoJtmmtt
East Seooftd St and Bast Fh'st St
1(cy Largo, Florida 33037
DearMr.P~
@omcast
c. ....c.we
.1010 r...-t,nme.
SaiIIo 200
Illy W'8!Itt pt. 33040
RECEIVED .
OCT 2 4 2006
MONROE COUNTY ATTORNEY
ComaIst has DO objections to 1bB ~I.n~ of1be secticm, Of Bast Second Street
as descnDed in yom letter. Wo have DO objection to the abIIndof1meat of tho section
of Bast First St. provided ~ am gMng a Utility ENemer\t for oar lines in ~
ana
If you have any questic:ms ... are in need of furtbd information pleaae ~ct me at
305-8Q9..12S5.
Sincerely .
.3J!
CoDstmcti.on Terlmichm
0lrnc8st Cable. Florida ~
_._.___.10- ~ ......-.......--.---..--. ..- ...
PETITIONER'S LETTERS OF COMPLIANCE
A. 9/19/2006 Letter from Tim Thomes, P.A.
B. 9/18/2006 Letter from Tim Thomes, P.A.
C. Draft proposed PUBLIC ACCESS AGREEMENT
D. 7/29/2005 Agreement of Mutual Cooperation
E. 7/26/2005 Letter from Nicholas W. Mulick, P.A.
F. 7/21/2005 Email from Suanne Hutton
Timothy Nicholas Thomesy RAo
Attorney and Counselor at Law
99188 Overseas Highway. Suite 8.. P.O. Box 3318 a Key Largo. Florida 33037
(305]451-4053 .. Fax (:305) 451-3768 Q Mobile (305) :384-1114
E-Mail Keyslawoeerthfink.net/TNThomesoeerthlink.nst
Jerry Sanders, Assistant County Attorney
Mauthon Government Center
Marathon, Florida 33050
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Attached are the drawings and legal descriptions fot East 1st and 2nd Street I
Mandalay Subdivision. Pet my prior communication, we are in the process of having il
2nd Avenue and its setbacks surveyed and will provide you with that drawing and legal
description as soon as it is available,
If you have any additional questions. please do not hesitate to contact me. I
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September 19, 2006
Re:
Ocean Sunrise Associates, LLC/Mandalay Road Abandonment
Our File No, 05-4918A
Dear Mr. Sande1:s:
mes
cc:
VIA E-MAIL ONLY (Sanders-]erry@monroecounty-fl.gov)
.. E..F.. Gaines Surveying Services, Inc..
DESCRIPTION . .
. ofaportionofEast Second Street Right-of-Way, .
. being part ofMandalay Subdivision located in
Seetion 6.- TOwnship 62 South. Range 39 East. Monroe County, Florida
. .
All that part.ofEast-SeOOnd Street Right~f-way, pet the. subdivision pllt ofM8ndalay
located in Section 6. Township 62 South. Range 39 East. Monroe Cowny; Florida, being-
--~:-~--:--moFepartia1larly--d~-ae.fellewF.- -- .-.-- -.- ..~.; .. m ___________ __- _"._ __._.. ..--.." _.u: ----- -----
BEGINNiNG atthe intersectiOn oftbe northerlymostcomer of Lot 2, BlOCk 4, and the
soutIieisterly- ri8ht-af-way line ofEut Second s-treet per said sUbdivision"plat of"
~~;' ".
. thence along said southeasterly right-of-way line S.4S.00'OO"W. for 100.80 feet;
._ thence cOntinue along siid right-of-way line southerly 39.37 feet iloog the arc of a
tangential circular ~.concave to the east. baving a radhis of2S,.OO teet, through a .
_ eCm1ral augJe of90.oo'OO", and being~ by a chOrd which bears S.OO.OO'OO"E. .
, . for 35.56 feet to the no~y right-of-way line of SeWnd- Avenue per Said .
". subdivision plat ofMaDdalay; . ". .
. ~ tbeaice along said northeasterly rigbt~-way line ofsaid Second Avenue. N.4S.00'QO"W.
tbt.1OO.OO feet to the northwesterly right-of-way line of said East SeCo1Jd S~; . .
. .. t&ence a1o.Dg iBid right-of-way line easterly 39.31 feet along the arc.of a non-tangontiaI"
- circultr curve ~Veto.the ~ having a radius of2S.00.f. throu8h a centtaI_angle. - .
.; of90.00'OO" and being subtended by a: chord which bears S.90.00'OO"'E.. f~ 35.36 feet;
.. . thence continue along said right-of-way line N.4S.00'OO"'East-fuc .100.79 ft:et to the Point
. Of Beginning of the Parcel herein deScribed;. . .
. .
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". Date
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. Subjecfto.e8seinents.restrictionS ud .-eservatiOnsofrecord; .
Contiining65~6 .square feet; more odeis; .
Prepared-by E.P,Gaines Surveying Services. Inc.
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E.;/F., Gaines Surveying Servicesw Ine"
. DESCRIPTION.
_ of a portion of East First Street Right-of-Way,
beiIig part ofMandalay Subdivision located in _ _
_ Section 6, TownShip 62 South, Range 39 East.M6nroe County, Florida
All' that part ofEut FIrSt street Right-of-way, per the subdivision plat of~ay
· located in Section 6,.Township 62 SoUth, ~e 39 E~ Monroe County. F1ori~ being
- --"more-particulady-deseribed.u.fallows;--.....:.-.-_..:-..- ...:.. -.. -.---.. -_. .. ~ .----- --:--- ---.--------.....:.---. .--'.--
. . BEGlNNING at thelOteisection of the easterIymOst cOmet olLOt 30, Block 2, and the
. . nortIiwesterly rlgbt-of-WaY line of~ First Street per said subdivision plat ofMandaJay;
tbence.S.4S.00'OO''lt for 50.00 feet to the southeasterly right-of-way line of said East .
Firit Street; . .- -' . . .
- . -tbenc.e along said soutbeastedy rl8bt-Of-way line S.4S000'00"W. fur 17.5.00 feet~
~ continUe alons Said rigbt-o~way line southerly 39.3'-~ aloogthe arC ora .
~ oircular curve eoncavc to the ~ having a radius 'of2S.00 feet, 'Uu"ough a
ceDIn11.augle of90.00'00" ~ being subtcnded by a chord which betln S.OO.OO'OO"E.
. fOr 3~.S6 feet to the nOrt&eastedy right-of-way line of Second A.venue per said
_ subdivision plat ofMandalay; . - .
thenee along said northeasterly ~~-of-way Ii~ of said Sec:ond.Avenue~ N.4so00'OO"W.
for 100.00 &:iet to the northwe.-Iy right-Of-way Me .of said East First Street;
. thence along said right':"Ot.way.1ine easterly 39.37 feet aJoog the arc of a non-tangential .
- .- ciraJJa.f curve c;oncave to the north. having.a radiUs of25.00 .f., through a central angle .
of90"OO~OO"' and being subfended by.a chord which bears S.90"OO'OO"E.. for 3S.36 ~. -
-thence con_ aic,sJS said right4-WaY fuie-N.4S.00'OO"Eatit for 175;00 feet to the Point
of Be Sinning of the Parcel herein described;
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~ are b8sedon the centerline of East First Street being N.4S"OO'OO"E.
. : Subject to ~1 ~ctions and ~atiODs ofrecord; .
Containing 10268 square feet, moce Or less;. .
Prepared byE.F.Gaines SurveYing ServiceS, me..
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Timothy Nicholas Thomest RA.
Attorney and Counselor at Law
99198 Overseas Highway, Suite.s . P.O. Box 3318 · Kev Largo, Rorida 33037
(:305) 451-4053 · Fax (305) 451-3768 . Mobile (305) 384-1114
E-Mal Kayslewo earthlink.net / TNThomesOl!l8rthfink. net
September 18, 2006
Jetty Sanders, Assistant County Attorney
Marathon Government Center
Marathon, Florida 33050
Re: Ocean SW11'ise Associatest LLCjMandalay Road Abandonment
Our File No. 05-4918A
Dear Mr. Sanders:
In compliance with yOUl: request, the following is the synopsis of the agreement
reached at the meeting attended by Thomas Willi, Ty Symroski and my client, Ocean
sunrise Associates, LLC (hemneiftcr "OSA''') on 9/05/06.
1. The Planning Department (Mr. Synu:oski) agreed to recommend abandonment of 1 S[
and 2nd Street (parts of East first and Second Street Rights of Way. subdivision plat of
Man4alay located in Section 6. Township 62 South Range 39 East, Key Largo, Monroe
County, Florida) with the following conditions:
a) My client would execute the access easement for 2nd Street in the form we have
previously agreed.
b) My client would agree to maintain, landscape and otherwise improve 2nd Avenue
and its side setbacks as directed by the county. and subject to whatever
inspections and conditions the county deems necessary from time to time.
c) The approval by the BOCC to the abandonment of 1st and 2nd Streets would be
subject to a reverter clause in standard form (I can draft for yow: review) which
would revert the abandoned property back to the county if my client's
development is not approved, or the project is not constructed,
d) My client would also improve, landscape and otherwise maintain the boat ramp
located at the Atlantic water ward termination of 2nd Avenue (subject to
required governmental approvals).
I hope this provides you with the information you need to proceed to place this
issue on the BOCC meeting agenda. At the meeting, Mr. Willi and Mr. Symroski
understood and agreed that any road abandonment or other issues related .to Sam Stoia's
property is not related to, nor does it prevent, the right of pSA t() .m()ve .f()~a,rd ~jth .
these ro~4 .abanqOl;l~ents. . ... . ...
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Jerry Sanders, Assistant County Attorney
September 18, 2006
Page 2
If you have any questions, please do not hesitate to contact me.
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Respectfully submitted,
cc: Client
VIA E-MAIL ONLY (Sandcrs-J erry@monroecounty-fl.gov)
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J::.a.;:''CIllt::U L Page 1 of 1
From: Hutton-Suzanne
TO: tnthomes@earthlink.net; Romero-wally
Date: 2/23/2006 9:53:57 AM
subj ect: Easement
Tim:
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if
I can see the problem which Mr. Dacquisto has with the easement as it is currently
worded. The wording can, and probably would, be interpreted by the courts, if it
ever cam€ to that, as allowing ingress & egress only to officials, agents, and
employees of Monroe County, not to the general public. I understand from our
discussions that there is a desire to limit the access so that every Tom, Dick & Harry
from Miami-Dade won't be trailering their boats, etc. through the area in question.
However. it seems that different language would assure that neighborhood property
owners would continue to have access. Accordingly, please consider changing the
third Whereas c1auseLJ~d the Now Therefore clause to read:
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WHEREAS. as J condition of that abandonment Grantee has requested Grantor ..A..
agree to this/access easement to ensure that after the abandonment, property ~ .
owners in the Mandalay subdivision and their guests and invitees will have
ingress and egress across the portion of East Second Street Right-of-way
described in Exhibit" A" that is abandoned by Grantee;
NOW. THEREFORE, for and in consideration of the accessibility herein made
available to Grantee. the Grantor does grant to Grantee on behalf of property
owners in the Mandalay subdivision, their successors, and their guests and
invitees, a perpetual access easement on and over that portion of East Second
Street, described in Exhibit "A n and attached hereto for the purposes of ingress
and egress only,
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1 would actually prefer the grantee be the property owners of the subdivision becausef/f
leaving the County in as Grantee implies that we still have a burden of enforcing the '" ..
easement if the neighbors feel they have been improperly denied access, There . '
would seem to be little reason for abandoning the road if we retain any kind of
responsibility for it.
Suzanne A, Hutton
. .. .
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file~/IC\DOCUmeb1ts and Sett:ings\timothy no thomes\Localoo.
2/23/2006
e"
Return to:
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
This instrument Prepared by
Timothy Nicholas Thomes, P.A.
Post Office Box 3318
Key Largo, FL 33037
Property Appraisers Parcel Identification (Folio) Number(s):
Alternate Key No.
Space Above This line for Processing Data
Space Above This line for Recording
PUBLIC ACCESS EASEMENT
THIS EASEMENT, made this day of _____ 2006, by and
between Ocean Sunrise Associates, LLC, a Florida limited liability company, Grantor,
whose address is: 12800 University Drive, Suite 400, Fort Myers, Florida 33907, to
~~e~, Grantee.
WITNESSETH:
WHEREAS, the Grantor has petitioned Grantee to abandon that portion of East
Second Street as set forth in Exhibit "A" attached hereto; and
WHEREAS, the Grantee is willing to allow Grantor to abandon a portion of East
Second Street Right-of-way being part of Mandalay subdivision located in Section 6,
Township 62 South, Range 39 East, Monroe County, Florida, more particularly described
on Exhibit "A"; and
WHERE~S, s a condition of that abandonment Grantee has requested Grantor
agree to this lC access easement to ensure that after the abandonment, property
owners in the andalay subdivision, and their guests and invitees, will have ingress and
egress across that portion of East Second Street Right-of-way described in Exhibit "A"
that is abandoned by Grantee;
NOW, THEREFORE, for and in consideration of the accessibility herein made ~
available to Grantee, the Grantor does grant to Grantee on behalf of property owners in _ Afj~ .
the Mandalay subdivision, their successors and their guests and invitees, a perpetual ,0f.Y/
easement on and over that portion of East Second Street, which is described in
Exhibit "A" and attached hereto for the purpose of ingress and egress only.
- 1 -
IN WITNESS WHEREOF, Grantor has executed this easement, on the day and
year first stated above.
GRANTOR:
OCEAN SUNRISE ASSOCIATES, LLC,
A Florida limited liability company
By:
Printed Name:
Managing Member
WITNESSES:
STATE OF FLORIDA
COUNTY OF
)
)
The foregoing instrument was acknowledge before me this ____ day of
_____ 2006, by , as Managing Member
of Ocean Sunrise Associates, LLC, a Florida limited liability company, who is () personally
known to me or ( ) who provided ________ as identification and who did take an
oath.
Typed Notary Name and Number
Notary Signature and Seal
- 2 -
E..F. Gaines Surveying Services.. Inc.
DESCRIPTION
ofa portion of East Second Street Right-of-Way,
being part ofMandalay Subdivision located in
Section 6, Township 62 South, Range 39 East, Monroe County, Florida
(for Proposed Public Access Easement)
All that part of East Second Street Right-of-way, per the subdivision plat ofMandalay located in Section
6, Township 62 South, Range 39 East, Monroe COWlty, Florida, being more particularly described as
follows:
BEGlNNlNG at the intersection of the northerlymost comer of Lot 2, Block 4, and the southeasterly
right-of-way line of East Second Street per said subdivision plat ofMandalay;
thence along said southeasterly right-of-way line S.45000'OO"W. for 100.80 feet;
thence continue along said right..of-way line southerly 39.37 feet along the arc of a tangential circular
curve concave to the east, having a radius of2S.00 feet, through a central angle of90000'OO'' and being
subtended by a chord which bears S.OOoOO'OO"E. for 35.56 feet to the northeasterly right-of-way line of
Second Avenue per said subdivision plat ofMandalay;
thence along said northeasterly right-of-way line of said Second Avenue, N.45000'OO"W. for 100.00 feet
to the northwesterly right-of-way line of said East Second Street;
thence along said right-of-way line easterly 39.37 feet along the arc of a non-tangential circular curve
concave to the north, having a radius of25.00 feet, through a central angle of 90000'00" and being
subtended by a chord which bears S.90000'OO''E. for 35.36 feet;
thence continue along said right-of-way line N.45000'OO"East for 100.79 feet to the Point of Beginning of
the Parcel herein described;
Bearings are based on the centerline of East Second Street being N.45000'OO''E.
Subject to easements, restrictions and reservations of record;
Containing 6556 square feet, more or less;
Prepared by E.F.Gaines Surveying Services, Inc.
~~~
lza F. G8ines,PSMFloridaLicenseNo. 4576
0~
Date
Not valid unless signed and embossed with the seal of the named surveyor.
Reference: OI69-1102-009.dwg
Revision: 1/13/2006 (added "Proposed Public Access Easement")
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PhOne: 23941 ~126 9 Fax; 239SlJnfey@i:FGaines~com
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(~1294-4El41
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~a;~~iM1I'illIIMII!:~
Mayor Char\eS "Sonny" McCoy, DistriCt 3
Mayor Pro Tern Murray E. NelSon, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, DIstrict 1
tJl/Ja -l1Ae ~ ~
502 WMt6aJ SIvIt, !lIMA
!lNt f)fIb SJ.a.1026
.'TUy We6t, !I.e 33041.1026
(305) 292-3470
MEMORANDUM
TO:
Marlene Conaway, Planning Director
Dave Koppel, County Engineer
Clark Martin, Fire Chief
Kathy Peters fur: ,1 \\ 'It.
Suzanne A. Hutton, Assistant County Attorney \r ~
FROM:
RE:
Road Abandonment Petitions: Mandalay Subdivision, Key Largo, FL
Petitioner: Ocean Sunrise Associates, LLC
Part of East First Street, Key Largo, FL (MM 97.5 Ocean)
Part of East Second Street, Key Largo, FL (MM 97.5 Ocean)
Petitioner: Sam Stoia (Rock Harbor ~ Inc.)
Portion of Bast Second Stret, Key Largo, FL (MM 97.5)
Agreement o/Mutual Cooperation dated 7/29/05
DATE:
November 22, 2005
Enclosed please :find a copy of the "Agreement of Mutual Cooperation" between Ocean Sunrise Associates,
UC and Sam Stoia (Rock Harbor Marina, Inc. and Oceanside Marina, Inc.) dated 7/29/05 relating to the
above-referenced Road Abandonment Petitions to abandon portions of East First and East Second Streets,
Mandalay Subdivision, Key Largo. This Agreement should have been included with our November 9th
memorandum to you and does actually show the parties have agreed to each other's abandonment petitions.
SHkmp/
Enclosure: "Agreement of Mutual Cooperation" dated 7/29/05
1;)
AGIU,RMENT OF MUTUAL COOPERATION
THIS AGREEMENT is entered into on the 21- day of July 2005 between Ocean
Sunrise Associates. LLC1 a Florida limited liability companY1 and Rock Harbor Marina, Inc.?
a Florida corporation and M, M. 97.5 Key Largo Oceanside Marina, Inc.) a Florida
corporation.
WHEREAS, the parties hereto have filed or are in the P1'Qcess of filing applications
to abandon portions of East First and East Second Streets in Key Largo, Monroe County,
Florida, and
WHEREAS, the parties hereto believe it is in their mutual interest to cooperate and
assist one another in the processing of their respective applicatioDs for road abandonment,
NOW THRRHFORR, in consi~eration of the sum of $10,00 (TEN DOLLARS and
00/100), and other good and valuable consideration, the receipt whereof is hereby
acknowledged, the parties hereby agree as follows:
1. The parties shall share with one another information relative to their
applications for road abandonment.
2, The parties agree neither shall object to or otherwise obstruct the other party's
road abandonment applications nor shall either party do so through any agent.
employee or other third party,
3.' At any and all hearings held in connection with their applications for road
abandonment, the parties shall support the other party's road abandonment
application and provide reasonable assistance to the other party so as to
facilitate the approval of both parties' applications for road abandonmenrs.
IN WlTNHSS WHRREO" the parties have executed this Agreement on the day first
written above.
Ocean Sunrise Associates, LLC,
a Florida limitedllability corporation
By:
If~h
(print Name of Witness)
l' ~ : . L. v' "IJ U I..l I I . oj unln
~--
Ko:;~ K. Tl>~S
(Print Name of Witness)
~~-
mess
~ M. -r Onlt:il. ~
(Print Name of Witness)
~
J~
ess
~os.q H, -rOr>JLCl.S
(Print Name of Witness)
II U . U U oJ oJ r' I..
Rock Harbor Marina, Inc.)
a Florida corporation
By:
~ C- 4~-,
Samuel C. Stoia, as President
M. M. 97.5 Key Largo
Oceanside Marina, Inc.,
a Florida corporation
By: #'.c I~
,- Samuel C, Stoia, as President
2
Law Offices
Nicholas W" Mulick
91645 Overseas Highway
Tavernier, Florida 33070
(305) 852-9292 .. (305) 852-8880 FAX
July 26, 2005
Via facsimile 305-292-3516
Suzanne A. Hutton, Esq.
Monroe County Attorneys Office
PO Box 1026
Key West, FL 33041-1026
Re: Mariner's Club East First and East Second Streets Road Abandonment Applications
Dear Suzanne:
I am writing as a follow-up to our recent telephone conversation regarding additional
requirements for review and approval of the above-referenced road abandonment
applications. I have reviewed this matter with my client which has indicated that it will
construct turnarounds at the end of each of the abandoned right-of-ways such that it will
be unnecessary to obtain letters of consent from adjacent property owners. This
configuration of the right-of-way will limit the abandonment to portions of the right-of-way
that abut property owned only by my client,
Please contact me upon your receipt of this letter if this does not suffice to address the issue
concerning letters from adjacent property owners, Thank you for your kind cooperation.
Very truly yours,
NICHOLAS W. MUUCK, PA
BY~Q:P
RECEIVED
~
JUL 2 7 2005
NM/lc
I\!JONROE GaUNT'f ATTORNE'
cc:
Mariner's Club
e
PetersaKatherine
........... """" ...,
From:
Sent:
To:
Cc:
SUbject
Hutton-Suzanne
Thursday, July 21, 2005 12:04 PM
Usa Carey
Peters-Katherine; Koppel-Dave; Conaway-Marlene; Romero-Wally
East First & Second (Mandalay)
Lisa,
I received the Comcast fax, so the utilities seem to be covered. On June 3, we sent you a
letter advising that we still need letters of no objection from affected property owners. I
believe I spoke with Nick to the effect that if the applicant can design a clear alternative so
that adjacent property owners would not be affected by the proposed abandonment, the
petition could go forward to the BOCC. We have directed the petition to the departments for
their review but will need those letters of no objection or something which clearly
establishes that there will be no effect on the adjacent property owners before going forward
to the aocc.
8u.un_.;;t Yu,,-
1.
F
~t-. hrs~ @--,
.6t~r ~~st
EXHIBIT F.
Letters of No Obiection - All Affected Property Owners
1. 7/26/23005 Letter from Nicholas W. Mulick, p.A.
2. 7/21/2005 Email from Suzanne A. Hutton
3. 6/3/2005 Letter from Suzanne A. Hutton with
corresponding 6/24/2005 note to file
Law Offices
Nicholas We Mullek
91645 Overseas Highway
Tavernier, Florida 33070
(305) 852-9292 .. (305) 852-8880 FAX
July 26, 2005
Via facsimile 305-292-3516
Suzanne A. Hutton, Esq.
Monroe County Attorneys Office
PO Box 1026
Key West, FL 33041-1026
Re: Mariner's Club East First and East Second Streets Road Abandonment Applications
Dear Suzanne:
I am writing as a follow-up to our recent telephone conversation regarding additional
requirements for review and approval of the above-referenced road abandonment
applications. I have reviewed this matter with my client which has indicated that it will
construct turnarounds at the end of each of the abandoned right-of-ways such that it will
be unnecessary to obtain letters of consent from adjacent property owners. This
configuration of the right-of-way will limit the abandonment to portions of the right -of-way
that abut property owned only by my client.
Please contact me upon your receipt of this letter if this does not suffice to address the issue
concerning letters from adjacent property owners. Thank you for your kind cooperation.
Very truly yours,
NICHOLAS W. MUUCK, PA
B~9:~
RECEIVED
.----"
JUl 2 '7 2005
NM/1c
MONROE COUNTY ATTORNE'
cc:
Mariner's Club
~
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Subject:
Hutton-Sm:anne
Thursday. July 2'1,2005412:04 PM
Lisa Carey
Peters--Katherine; Koppel-Dave; Conaway-Mariene; Romero-Wally
East First & Second (Mandalay)
Lisa,
I received the Corncast fax, so the utilities seem to be covered. On June 3, we sent you a
letter advising that we still need letters of no objection from affected property owners. I
believe I spoke with Nick to the effect that if the applicant can design a dear alternative so
that adjacent property owners would not be affected by the proposed abandonment, the
petition could go forward to the BOCC, We have directed the petition to the departments for
their review but will need those letters of no objection or something which clearly
establishes that there will be no effect on the adjacent property owners before going forward
to the aocc.
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(305) 294-4641
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BOARD OF COIPITY COMMiSSIONERS
Mayor Dixie M. Spehar, DIstrict 1
Mayor Pro Tern "Sonny" McCoy, DiSbict 3
Munay E. Nelson, DiSbict 5
George Neugent, DiSbict 2
DavId P. RIce, District 4
C9/1Ju. of. tAe &anbJ. ~
502 9JJIUtJtead Stud, !/hafr,
!Jut (!)/Ih!Jlu; 1026
:TWj Wut, !lJ!. 33041-1026
June 3, 2005
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Nicholas W. Mulick, P.A.
91645 Overseas Highway
Tavernier, FL 33070
RE: Road Abandonment Petitions - Part of East First Street, Mandalay Subdivision, Key LacKo, FL
Part of East Second Street, Mandalay Subdivision, Key Largo, FL
Dear Mr. Mulick:
In looking over an aerial photo from 1996 and the strip maps which are available in our office when
same are not provided by the Petitioner, I noted several affected properties but no letters of no objection from
their owners. Monroe County Code ~ 16-1 (b) requires letters of no objection from their owners. It appears
that sub-paragraphs (1) and/or (3) may render owners of the following to be affected and therefore require
their consent:
Block 4, Lots 3 and 4
Block 3, the Eastern Portion
Block 2, Lots 28 and 29
Please provide letters of no objection from all property owners who may be affected by the proposed
abandonment(s), in addition to the required letter of no objection from the cable company as previou~ly
advised. The Petition process is unable to proceed until this required documentation is received by our office
for inclusion in your Petition(s)_ Should you have questions or concerns, please feel free to contact myself or
Suzanne Hutton, Assistant County Attorney, by phoning our main office at (305) 292-3470.
&lnrerdy, fk.
Kathy ~ for
SUZANNE HUTION
Assistant County Attorney
SH:kmp
Enclosures
HOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15,2006
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Env. Resources
Staff Contact Person: Alexander Adams
AGENOA ITEM \VORDING: A public hearing to consider a request for Administrative Relief for
Chaouki & Ana Bassil, Block 14 Lot 27, Key Largo Ocean Shores Addn, Key Largo, Real Estate
Number 00500930.000000.
ITEM BACKGROUND: A building permit was applied for on June 20, 2002 and a ROGO application
was applied for on October 07, 2002. The applicant applied t()r administrative relief on May 20, 2006
and is within the allowable time frame to be eligible for administrative relief under Section 9.5-122.2(0
of the Monroe County Code.
Staff recommends that administrative relief be granted in the form of one (1) dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEl\lENT CHAN(;ES: N/A
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST:
N!A
BUDGETEO: Yes N! A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County A.tty X- OMB/Purchasing N/A
Risk Management ~N/A
OOCLJMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
FILENAME \p \V;\GR(lWrH MANAGEMr:N']\BOCOGMD Agenda Items2006] I \Administrative Relief Bassil\B 14 L27 Bassil
AGENDA. ITE~ldocPage, PAGE 1 of NUMPAC,iES 1
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COlJNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINJSTRA TIVE RELIEF MADE BY CHAOUKI &
ANA BASSIL ON THE PROPERTY DESCRIBED AS
BLOCK14 LOT 27, KEY LARGO OCEAN SHORES ADDN,
KEY LARGO, RE #00500930.000000. THE RELIEF IS IN THE
FORM OF ONE (1) DWELLING UNIT ALLOCATION.
WHEREAS, Chaouki & Ana Bassil submitted an application for administrative relief
under Sec. 9.5-122.2(1) ofthe Monroe County Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the follo\\ring
findings of fact and conclusions oflaw; and
L Bassil's application for administrative relief is for Block 14, Lot 27, Key Largo Ocean
Shores Addn, Key Largo, RE#00500930.000000.
2. A building permit was applied for on June 20, 2002 and a ROGO application was
applied for on October 07, 2002.
3. The application has been in the ROGO system for at least four (4) consecutive years.
4. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5-122.2(f)(6) and may grant the applicant a
building allocation, offer to purchase the property at fair market value, or provide such
other relief as may be necessary and appropriate.
5. The Lot is not identified as being in the Conservation and Native Area (CNA), received
no negative environmental points and one (I) positive environmental point.
6. Board of County Commissioners Resolution #223-2004 directs staff to identify small
parcels with indigenous hammock or pinelands.
7. The subject property is not in an area of indigenous hammock or pine1ands.
8. Policy 10] .6.5 of the 20]0 Comprehensive Plan provides criteria to be used for
determining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the Lot.
9. The subject property is zoned Suburban Residential (SR), and is located in the
Key Largo Ocean Shores Addition Subdivision and is not environmentally sensitive.
10. The applicant applied for administrative relief on May 20, 2006, under Section 9.5-
122.2(t) of the Monroe County Code and Policy 10 1.6.1 of the 2010 Comprehensive
Plan.
ADMINISTRATIVE RELIEF RESOLUTION
BAS S I L, R E#00500930 .()OOOOO
Page I of 2
1 L Section 9.5-1222(f) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for administrative relief.
12. The Applicant has been in the ROGO system for three (3) of the last four (4) annual
allocation periods and therefore qualifies for administrative relief.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Chaouki & Ana Bassil, for Block 14, Lot 27, Key Largo Ocean
Shores Addn, Key Largo, in the form of a dwelling unit allocation award, subject to the following
conditions:
I. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 10 1.2.13 of the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.5.122.2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which occurs on
January 13, 2007 or next available allocation period; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Mario De Genarro
Commissioner Silvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
A lTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
ADM1NISTR.\T!VE REUBF RESOLUTION
BASSIL, RE#00500930,OOOOOO
Page 2 of2
County of Monroe
Growth Management Division
Planninl! DeOllrtment
2798 Overseas Ilighway
Suite #410
Marathon. FL 33050
Voiee: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Charles ivleCoy. [)ist. 3
Mayor Pro Tem Dixie SpehaL Disc 1
George Neugent Dist. 2
l\'lario Di Gennaro. DisC 4
Glenn Patton, Dbt 5
We strive to be caring, professional {lIldfair
To:
Board of County Commissioners
From:
Ty Symroski, Growth Management Director
Date:
October 23, 2006
Subject:
Mr. Chaouki & Ana Bassil, Administrative Relief Request
RE: 00500930.000000
1. BACKGROUND
The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit
allocation system and having been considered in at least three (3) of the last four (4) consecutive annual
allocation periods and having submitted their application for Administrative Relief no earlier than the third
annual allocation period and no later than ninety (90) days following the close of the fourth allocation period.
Date Entered ROGO: October 07,2002
Date Entered Administrative Relief: May 20, 2006
ROGO Score: 21
Planning: 14
. Pts: (+ I 0) infill, (+4) perseverance
Building: 6
. Pts: (-I) Flood Zone AE, (+4) Water/Energy Conservation, (+3) Structural Integrity
Environmental: 1
· Pts: (+ I) Group J, Disturbed Scarified
II. CuRRENT CoNDITIONS
Location: Block] 4, Lot 27, Key Largo Ocean Shores Addn, Key Largo
Owner: Mr. Chaouki & Ana Bassil
Applicant/Agent: Ms. Debi Miller
Land Use District: Suburban Residential (SR) FLUM: Residential Medium (RM)
Proposed Tier: HI
2006 Taxable Value: $55.738
Purchase Date/Price: October I, ] 988 $60,000
AIYvllNISTRATlVE RELIEF STAFF REPORT
BASSIL, RE # 00500930
'>llge J of 2
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101,6.1 or the 2010
Comprehensive Plan provides a mechanism whereby an application which has not received an allocation award
in ROGO may apply to the Board of County Commissioners for Administrative Relief. The applicant is
eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system
and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and
having submitted their application for Administrative Relief no earlier than the third annual allocation period
and no later than ninety (90) days follovdng the close of the fourth allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5-122.2(f)(6) include
issuance of one (1) ROaO allocation award, just compensation by purchase of the property. or such other relief
as may be necessary or appropriate.
The subject property does not contain sensitive environmental features or any significant habitat t.x endangered
or threatened species. It therefore does not meet the criteria established under the existing Policy 101.6.6 and
Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of
property under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of one (I) ROGO allocation and has
not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year 20 10
Comprehensive Plan.
IV, RECOMMENDATIONS
rt is recommended that the Board of County Commissioners find that the applicant has met the criteria to
qualify for Administrative Relief It is further recommended that a Resolution be prepared that establishes this
relief awarding one (I) ROGO allocation in the next quarterly ROaO allocation period which closes January
13, 2007, or next available allocation period.
ADMI'dSTRATIVE RELIEF STAFF REPORT
BASS!L, RE # ooson')}o
Page 2 of 2
Habitat Evaluation: Bk 14 Lt 27 Key Largo Ocean Shores Addn
Applicant: Chaouki Bassil; RE# 00500930-000000J Key Largo
'1.
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Di'li;:ion orlly,The da:la conbined
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ofb oundarie$, pare els, road$
right ofVlEY$ or other ge 0 graphical
da:la,
PI<p.oIl>d.by: J'.JoLOn1ooI W,f\.d.,;o=
BOARD OF COUNTY COMMISSIONERS
AGENOAITEM SUMMARY
Meeting Date: November 15.2006
Division:
Growth Mana~ement
Bulk Item : Yes
No~
Department: Planning and Env. Resources
Staff Contact Person: William J. Ammons
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief tor
Conchita Rivero, Block 7, Lot 13, Largo Gardens, Key Largo, Real Estate Number 00456770.000000.
ITEM BACKGROUND: A building permit was applied Jar on August 28, 2002 and a ROGO
application was applied for on November 21, 2002. The applicant applied tor administrative relief on
June 6, 2006 and is within the allowable time frame to be eligible for administrative relief under Section
9.5-122.2(t) of the Monroe County Code.
Staff recommends that administrative relief be granted in the form of one (1) dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: NI A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: ApprovaL
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNOS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X- OMB/Purchasing N/A
Risk Management u N/A~
DOCUMENTATION:
Ind uded X
Not Required __.__u
DISPOSITION:
AGENDA ITEM #___
FIL!.~:NAr-.H~ \p W:\G!?O\VTII MANAGF)vlENT\BOCC,(iMD Agenda ltems\200611 \;\.dministrativc Relief Rivero\Rivero AGENDA
rrr':M.doc Page PACIE I of NUMPAGES 1
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY CONCH IT A
RIVERO ON THE PROPERTY DESCRIBED AS BLOCK 7,
LOT 13, LARGO GARDENS, KEY LARGO, RE
#00456770.000000. THE RELIEF IS IN THE FORM OF ONE
(1) DWELLING UNIT ALLOCATION.
WHEREAS, Conchita Rivero submitted an application for administrative relief under
Sec. 9.5~] 22.2(f) of the Monroe County Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings offact and conclusions oflaw;
L Conchita Rivero's application for administrative relief is for Block 7, Lot 13, Largo
Gardens, Key Largo. RE#00456770.000000.
2. A building permit was applied for on August 28, 2002 and a ROGO application was
applied for on November 21,2002.
3. The application will have been in the ROGO system for at least four (4) consecutive
years once the next quarterly allocation occurs.
4. The Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9,5-122.2(1)(6) and may grant the applicant a
building allocation, offer to purchase the property at fair market value, or provide such
other relief as may be necessary and appropriate.
5. The Lot is not identified as being in the Conservation and Native Area (CNA), received
no negative environmental points and (1) one positive environmental point.
6. Board of County Commissioners Resolution #223-2004 directs staff to identify small
parcels with indigenous hammock or pinelands.
7. The subject property is not in an area of indigenous hammock or pinelands.
8, Policy 10 1.6.5 of the 2010 Comprehensive Plan provides criteria to be used for
determining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the Lot.
9, The subject property is zoned Urban Residential Mobile (URM), located in the
Largo Gardens Subdivision and is not environmentally sensitive.
] O. The applicant applied for administrative relief on June 6, 2006, under Section
9.5-122.2(f) of the Monroe County Code and Policy 101.6.1 of the 2010
Comprehensive Plan.
ADMINISTRATIVE RELIEF RESOLUTION
RIVERO, RE#00456770,OOOOOO
Page I uf2
11. Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for administrative relief.
12. The Applicant has been in the ROGO system for three (3) of the last four (4) annual
allocation periods and therefore qualifies for administrative relief.
NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Conchita Rivero, for Block 7, Lot 13, Largo Gardens, Key
Largo, in the form of a dwelling unit allocation award, subject to the following conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which occurs on
January 13, 2007 or next available allocation period; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner MarioDiGennaro
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
DEPUTY CLERK
ADMINISTRATIVE RELlEF RESOLUTION
RIVERO, RE#00456770.000000
Page 2 of 2
County of Monroe
Growth Management Division
Plannim! Department
88800 Overscas 11ighway
T'averniCT. Florida 33070
Voice (305) 852-7100
FAX: (305) 852.7103
Board of County Commissioners
1vlayor Charles \keoy, DlsL 3
Mayor Pro Tcm Dixie Spehar. Dist. I
George Neugent DisL 2
Mario Di Gennaro. DisL 4
Glenn Patton, DisL 5
We strive to he caring, professional andfair
To:
Board of County Commissioners
From:
Ty Symroski, Growth Management Director
Date:
October 23, 2006
Subject
Ms, Conchita Rivero, Administrative Relief Request
RE: 00456770.000000
I. BACKGROlJND
The applicant is eligible for Administrative Rei ief having campi ied with all requirements of the dwell ing unit
allocation system and having been considered in at least three (3) of the last four (4) consecutive annual
allocation periods and having submitted their application for Administrative Relief no earlier than the third
annual allocation period and no later than ninety (90) days following the close of the fourth allocation period.
Date Entered ROGO: November 18. 2002
Date Entered Administrative Relief: June 6, 2006
ROGO Score: 21
Planning: 14
'if Pts: (+10) infill, (+3) perseverance, additional on .18
Building: 6
· Pts; (- J) Flood Zone AE, (+ 4) Water/Energy Conservation, (+3) Structural Integrity
Environmental: ]
. Pts: (+ I) Group], Disturbed Scarified
II. CURRENT CONDITIONS
Location: Block 7. LOl 13, Largo Gardens, Key Largo
Owner: Ms. Conchita Rivero
Applicant/Agent: NA
Land Use District: Urban Residential Mobile (URM) FLUM: Residential High (RH) Proposed Tier: III
2006 Taxable Value: $15.704.00
Purchase Date/Price: August of 1998 $5,097.00
Administrative Rdief Staff Report
Rivero. RF: #00456770.000000
Page lof2
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010
Comprehensive Plan provides a mechanism whereby an application which has not received an allocation award
in ROGO may apply to the Board of County Commissioners for Administrative Relief. The applicant is
eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system
and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and
having submitted their application for Administrative Relief no earlier than the third annual allocation period
and no later than ninety (90) days following the close of the f()U11h allocation period.
Relief Options under Administrative Relicf:
The remedies available to an application for Administrative Relief pursuant to Section 9.5-1 22.2{t)(6) include
issuance of one (I) ROGO allocation award, just compensation by purchase of the property, or such other relief
as may be necessary or appropriate.
The subject property does not contain sensitive environmental features or any significant habitat for endangered
or threatened species. It therefore does not meet the criteria established under the existing Policy 101.6.6 and
Policy 102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of
propel1y under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of one (l) ROGO allocation and has
110t expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year 20] 0
Comprehensive Plan.
IV. RECOMMENDATIONS
It is recommended that the Board of County Commissioners find that the applicant has met the criteria and
qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that establishes
this relief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes
January 13,2007, or next available allocation period.
Administrative Relief Staff Report
Rivero, RE #()0456770,OOOOOO
Page 2 of2
Habitat Evaluation: Lot 13J Block 7J Largo Gardens
Applicant: Conchita RiveroJ RE #00456770.000000J Key Largo
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Di'li;:ion orlly,The da:la conbined
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ofb oundarie$, parc els, road$
right ofVlEY$ or other ge 0 graphical
da:la,
: ~ ... .. .....
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15, 2006
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Env. Resources
Staff Contact Person: William J. Ammons
AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for
Gregory Pardo, Block 5, Lot 4, Largo Sound Park, Key Largo, Real Estate Number 00471090.000000.
ITEM BACKGROUND: A building permit was applied tor on August 21, 2002 and a ROGO
application was applied for on September 24, 2002. The applicant applied for administrative relief on
April 4, 2006 and is within the allowable time frame to be eligible for administrative relief under
Section 9.5-122.2(f) of the Monroe County Code.
Staff recommends that administrative reI iel' be granted in the form of one (1) dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREf:MENT CHANGES: N/A
ST AFF RECOMMENDATIONS: ApprovaL
TOT AL COST:
N/A
BUDGETEO: Yes NI A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVEO BY: County Atty X- OMB/Purchasing N! A
Risk Management _N!A~~.
DOCUMENTATION:
Included X
Not Required~
DISPOSITION:
AGENDA ITEM #
FILENAMI:: \p W:\C,ROWTll MANAGEMENl"JH)CC\GMD Agenda ltems\200611\Administrative ReliefPardo\l'ardo AGENDA
lTEM.doePage PAW..: I of NUMPAGES I
RESOLUTION NO, -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY GREGORY
PARDO ON THE PROPERTY DESCRIBED AS BLOCK 5,
LOT 4, LARGO SOUND PARK, KEY LARGO, RE
#00471090.000000, THE RELIEF IS IN THE FORM OF ONE
(1) DWELLING UNIT ALLOCATION.
WHEREAS, Gregory Pardo submitted an application for administrative relief under Sec.
95-122.2(f) of the Monroe County Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law;
L Gregory Pardo's application for administrative relief is for Block 5, Lot 4, Largo Sound
Park, Key Largo RE#00471090.000000.
2. A building permit was applied for on August 21, 2002 and a ROGO application was
applied for on September 24,2002.
3. The application has been in the ROGO system for at least four (4) consecutive years.
4. The Board of County Commissioners (HOCe) has the authority to grant
administrative relief under Section 9.5-122.2(1)(6) and may grant the applicant a
building allocation, offer to purchase the property at fair market value, or provide such
other relief as may be necessary and appropriate.
5. The Lot is not identified as being in the Conservation and Native Area (CNA), received
no negative environmental points and (1) one positive environmental point.
6. Board of County Commissioners Resolution #223-2004 directs staff to identifY small
parcels with indigenous hammock or pinelands.
7. The subject property is not in an area of indigenous hammock or pinelands.
8. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for
detennining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the Lot.
9. The subject property is in the Improved Subdivision Masonry (JS-M) land use district,
located in the Largo Sound Park Subdivision and is not environmentally sensitive.
10. The applicant applied for administrative relief on April 4, 2006, under Section
9.5-122.2(1) of the Monroe County Code and Policy 101.6.1 of the 2010
Comprehensive Plan.
ADMINISTRATIVE RELIEF RESOLUTION
PARDO, RE#00471090,OOOOOO
Page 1 of2
1]. Section 9.5- 1 22.2(f) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for administrative relief.
12. The Applicant has been in the ROGO system for three (3) of the last four (4) annual
allocation periods and therefore qualifies for administrative relief.
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Gregory Pardo, for Block 5, Lot 4, Largo Sound Park, Key
Largo, in the form of a dwelling unit allocation award, subject to the following conditions:
1. The timing of the issuance of the pennit shall be in accordance with the annual number of
residential allocations defined by Policy 10 1.2.13 of the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.5-122.2(f) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which occurs on
January 13, 2007 or the next available allocation period; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
P ASSEn AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner MarioDiGennaro
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
DEPUTY CLERK
ADMfN1STRATIVE RELIEF RESOLUTION
PARDO, RE#0047 1090,000000
Page 2 of 2
County of Monroe
Growth Management Division
Plannine Department
88800 Overseas Highway
lavemier, Florida 33070
Voice (305) 852-7100
FAX: (30S) 852-7103
Board of Countv Commissioners
Mayor Charles MeCoy. Dist 3
Mayor Pro Tem Dixie Spehar. Dist I
George Neugent, Dist 2
Mario Di Gennaro, Dist 4
Glenn Patton. DisL 5
We strive to he caring, profe.uiOlUlI and fair
To:
Board of County Comm issioners
From:
Ty Symroski, Growth Management Director
Date:
October 23,2006
Subject:
Mr. Gregory Pardo, Administrative Relief Req nest
RE: 00471090.000000
I. BACKGROUND
The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit
allocation system and having been considered in at least three (3) of the last four (4) consecutive annual
allocation periods and having submitted their application for Administrative Relief no earlier than the third
annual allocation period and no later than ninety (90) days following the close of the fourth allocation period.
DateE:ntered ROGO: September 24,2002
Date Entered Administrative Relief: April 4, 2006
ROGO Score: 22
Planning: 14
· Pts: (+10) infill, (+4) perseverance
Building: 7
· Pts: (I) Flood Zone X, (+4) Water/Energy Conservation, (+2) Structural Integrity
Environmental: 1
· Pts: (+ I) Group I, Disturbed Scarified
II. OJRRENT CONDITIONS
Location: Block 5. Lot 4, Largo Sound Park, Key Largo
Owner: Mr. Gregory Pardo
Applicant/Agent: NA
Land Use Designation: Improved Subdivision Masonry (lS-M) FLUM: Residential Medium (RM)
Proposed Tier: II1
Administrative Rei iefSraff Report
Pardo, RE ii0047I 090.00000()
PHge I 01'2
2006 Taxable Value: $102,000.00
Purchase Date/Price: March of 1999 $9,588.00
III. LEGAL ELIGIBILITY A..'\ID OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 20 I 0
Comprehensive Plan provides a mechanism whereby an application which has not received an allocation award
in ROGO may apply to the Board of County Commissioners f{)r Administrative Relief. The applicant is
eligible for Adm inistrative Relief having complied with all requirements of the dwelling unit allocation system
and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and
having submitted their application for Administrative Relief no earlier than the third annual allocation period
and no later than ninety (90) days following the close of the fourth allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5-1 22.2(f)(6) include
issuance of one (]) ROGO allocation award, just compensation by purchase of the property, or such other relief
as may be necessary or appropriate,
The subject property does not contain sensitive environmental features or any significant habitat for endangered
or threatened species. It therefore does not meet the criteria established under the existing Policy 10 1.6.6 and
Policy 102.4.2, or the proposed Policy ] 0] .6.5 of the Year 20] 0 Comprehensive Plan for the purchase of
property under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of one (]) ROGO allocation and has
not expressed a desire to sell the property to the County as provided for under Pol icy] 01.6.1 of the Year 20] 0
Comprehensive Plan.
IV. RECOMMENDATIONS
It is recommended that the Board of County Commissioners find that the applicant has met the criteria and
qualifies for Administrative Relief. It is further recommended that a Resolution be prepared that establishes
this rei ief awarding one (1) ROGO allocation in the next quarterly ROGO allocation period which closes
January 13,2007, or the next available allocation period.
Administrative Relief Staff Report
Pardo. RE #00471 O{)O,OOO()()O
Page 2 of2
Habitat Evaluation: Lot 4J Block SJ Largo Sound Park
Applicant: Gregory PardoJ RE #00471 090.000000J Key Largo
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ofb oundarie$, pare els, road$
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BOARI> OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15.2006
Division:
Gro\\1h Management
Bulk Item: Yes
No~
Department: Planning and Env. Resources
Staff Contact Person: Julianne Thomas
AGENDA ITEM WORDING: /\ public hearing to consider a request for Administrative Relief Jar
Lee Knepper, Block 10, Lot 12, Key Largo Beach Addition, Key Largo, Real Estate Number
00503020.000000.
ITEM BACKGROUNO: A building permit was applied Jar on June 13, 2002 and a ROGO application
was applied tor on October 11, 2002. The applicant applied Jar administrative relief on September 14,
2006 and is within the allowable time frame to be eligible tor administrative relief under Section 9.5-
1 222(t) of the Monroe County Code.
Staff recommends that administrative relief be granted in the form of one (1) dwelling unit allocation
award.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X- OMB/Purchasing N/A
Risk Management ~ NI A~_
OOCUMENT A TION:
Ineluded X
Not Reqllired~~~___
DISPOSITION:
AGENDA ITEM #
FfI JoNAME'p \\i:\GROW'lll Mf\NAG1~rvlENr\BOeC\GMD Agenda Items\200611"i\drninistrative Relief Knepper-Knepper
AGENDA rn':M,doe Page PAGE I of.. NUMPAGES I
RESOLUTION NO, -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY LEE KNEPPER
ON THE PROPERTY DESCRIBED AS BLOCK 10, LOT 12,
KEY LARGO BEACH ADDITION, KEY LARGO, RE #
00503020.000000. THE RECOMMENDED RELIEF IS IN THE
FORM OF ONE (1) ROGO DWELLING UNIT ALLOCATION.
WHEREAS; Me Lee Knepper submitted an application for administrative relief under
Section 9.5-122.2(1) of the Monroe County Land Development Regulations; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law;
1. Knepper's application for administrative relief is for Block lO, Lot 12, Key Largo Beach
Addition, Key Largo, RE#00503020.000000.
2. A building permit was applied for on June 13,2002 and a ROGO application was applied
for on October 11, 2002
3. The application has been in the ROGO system for at least four (4) consecutive years.
4. The Board of County Commissioners (BOCC) has the authority to grant
administrative rehefunder Section 9.5-122.2(t)(6) and may grant the applicant a
building allocation, offer to purehase the property at fair market value, or provide such
other relief as may be necessary and appropriate.
5. The Lot is not identified as being in the Conservation and Native Area (CNA), received
no negative environmental points and one (I) positive environmental point.
6. Board of County Commissioners Resolution #223-2004 directs staff to identifY small
parcels with indigenous hammock or pinelands.
7. The subject property is not in an area of indigenous hammock or pinelands.
8. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for
determining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the Lot.
9. The subject property is zoned Improved Subdivision (IS) and is located in the
Key Largo Beach Addition and is not environmentally sensitive.
10. The applicant applied for administrative rehef on June 6, 2006, under Section 9.5-
1222(t) of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive
Plan.
ADMINlSTRl\.TIVE RELIEF RESOLUTION
KNEPPER, RE it 00503020.000000
Page I of 2
11. Section 9.5-122.2(1) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for administrative relief.
12. The Applicant has been in the ROGO system for three (3) of the last four (4) annual
allocation periods and therefore qualifies for administrative relief.
NOW THEREFORE~ BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Lee Knepper for Key Largo Beach Addition, Block 10, Lot 12,
Key Largo in the form of one (l) ROGO dwelling unit allocation award, subject to the following
conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 of the Monroe County Year 2010
Comprehensive Plan and as required by Section 9.5-122.2(1) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which closes January
13, 2007 or the next available allocation period; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Silvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
^ rry D. Sanders
ssi"'tant County Attorney
; DATE: I 0
DEPUTY CLERK
ADMJNISTRATJVE REllEr RESOLUTION
KNEPPER, RE if. 00503020,000000
Page 2 of 2
County of Monroe
Growth Management Division
Planninl! Department
88800 Overseas Highway
Tavernier. Florida 33070
Voiee (305) 852-7100
FAX: (305) 852-7103
Board oreountv Commissioners
Mayor Charles McCoy. DisL 3
Mayor Pro Tem Dixie Spehar. Dis!. 1
George Neugent. DisL 2
Mario Di (Jcl1oaro. DisL 4
Glenn Patton, Dis!. 5
We strive to be caring, professimUlI find fair
To:
Board of County Commissioners
From:
Ty Symroski, Growth Management Director
Date:
October 27,2006
Subject:
Mr. Lee Knepper. Administrative Relief Request
RE: 00503020.000000
1. BACKGROUND
The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit
allocation system and having been considered in at least three (3) of the last four consecutive annual allocation
periods and having submitted their application for Administrative Relief no earlier than the third annual
allocation period and 110 later than ninety (90) days following the close of the fourth allocation period.
OateEntered ROGO: October 11, 2002
Date Entered Administrative Relief: September 14, 2006
ROGO Score: 21
Planning,' 14
· Pts: (+10) infill, (+4) perseverance
Building.' 6
· (-1) Flood Zone AE-8
· (+4) Water/Energy Conservation
· (+3) Structural Integrity
Environmental: I
· (+ I) Group 1, Disturbed Scarified
II. CuRRENT CONDITIONS
Location: Block 10, Lot 12, Key Largo Beach Addition, Key Largo
Owner: Mr. Lee Knepper
Applicant/Agent: None
FILENAj\i!E \p \V:\GROWTH MANAGEMENT\BOCC\GMD Agenda Items\200611\Administrative Relief
Knepper\Knepper. staffreport.doc Page 1 of 2
Knepper, HE 00503020.000000
Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM)
Proposed Tier: III
2005 Taxable Value: $68,950.00
Purchase Price in November of2001: $74,900.00
III. LEGAL ELIGIBILITY AND OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5~122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010
Comprehensive Plan provides a mechanism whereby an application which has not received an allocation award
in ROGO may apply to the Board of County Commissioners for Administrative Relief. The applicant is
eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system
and having been considered in at least three (3) of the last four (4) consecutive annual allocation periods and
having submitted their application for Administrative Relief 110 earlier than the third annual allocation period
and no later than ninety (90) days following the close of the fourth allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9,5-122.2(f)(6) include
issuance of one (1) ROGO allocation award, just compensation by purchase of the property, or such other relief
as may be necessary or appropriate.
The subject property does not contain sensitive environmental features or any significant habitat for endangered
or threatened species, It therefore does not meet the criteria established under the existing Policy 101.6.6 and
Policy ] 02.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of
property under Administrative Relief.
The applicant has requested administrative relief in the form of a granting of 1 (one) ROGO allocation and has
not expressed a desire to sell the property to the County as provided for under Policy 101.6.1 of the Year 2010
Comprehensive Plan.
IV. RECOMMENDATIONS
It is recommended that the Board of County Comm issioners find that the appl icant has met the criteria to
qualify for Administrative Relief. It is further recommended that a Resolution be prepared that establishes this
relief awarding 1 (one) ROGO allocation in the next quarterly ROGO allocation period which closes January
13, 2007, or next available allocation period.
FILENAME \p \v:'JmOWTH MANAGEMENT'\BOCC\,GMD Agenda Items\200611\AdministI'ativeRelief
Knepper\Knepper - staff reporLdoc Page 2 of 2
Knepper, RE 0050:3020.000000
Habitat Evaluation: Block 10, Lot 12, Key Largo Beach Addition
Applicant: Lee Knepper, RE: 00503020-000000, Key Largo
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County Growth Management
Division onty,The data contained
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of boundaries, p arcets, roads
right of ways or other geographicat
data,
Pre p are d by: J uli anne Th ornas
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PIa ri da Forever 80 undary
[ Keys Habitat Polygon Layer ]
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15.2006
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Env. Resources
Staff Contact Person: Julianne Thomas
AGENDA ITEM WORDING: A public hearing to consider a request tor Administrative Relief for
Dean Parkinson, Lots 1 & 2, Block 10, Riviera Village, Key Largo, Real Estate Numbers
00512580.000000 & 00512580.000200.
ITEM BACKGROUND: A building permit was applied for on July 2, 2002 and a ROGO application
was applied for on October 9, 2001. The applicant applied for administrative relief on January 9, 2006
and is within the allowable time frame to be eligible for administrative relief under Section 9.5-i22.2(f)
of the Monroe County Code.
StatI recommends that administrative relief be granted in the form of an offer to purchase.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N! A
STAFF RECOMMENDATIONS: Approval of Resolution (attaehed).
TOTAL COST:
TBA
BUDGETED: Yes ~ No
COST TO COUNTY:
TBA
SOURCE OF FUNDS: Land Authority
REVENUE PRODUCING: Yes
No ~ AMOUNT PER MONTH_ Year
APPROVED BY: County Atty X- OMB/Purchasing N/ A
Risk Management _ N/A_
Not Required~
OOCUMENT A TION:
Included X
I>ISPOSITION:
AGENnA ITEM #
RESOLUTION NO. -2006
A RESOLUTION BY THE MONROE COUNlY BOARD OF
COUNTY COMMISSIONERS APPROVING
ADMINISTRATIVE RELIEF FOR DEAN PARKINSON ON
THE PROPERTY DESCRIBED AS BLOCK 10 LOTS 1 & 2,
BOWENS ADDmON RIVIERA VILLAGE, KEY LARGO, RE
#00512580-000000 & 00512580-000100.
WHEREAS, Dean Parkinson (hereinafter "Applicant") submitted an application for
administrative relief under Sec. 9.5-122.2(f) of the Monroe County Land Development
Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law; and
1. Applicant's application for administrative relief is for Block 10, Lots 1 & 2, Bowens
Addition Riviera Village, Key Largo, RE#00512580-Ooo00 & 00512580-000100
(hereinafter "subject property").
2. Applicant applied for a building permit on July 08,2002 and a Rate of Growth Ordinance
(ROGO) allocation on October 09,2002 for the subject properties.
3. Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board of
County Commissioners for administrative relief.
4. The applicant applied for administrative relief on January 09, 2006.
5. Applicant's ROGO allocation application has been in the ROGO system for three (3) of
the last four (4) annual allocation periods and therefore qualifies for administrative relief
under Section 9.5-122(f)(I)c of the Monroe County Code.
6. Applicant's ROGO allocation application has been in the ROGO system for at least four
(4) consecutive years and therefore qualifies for administrative relief under Policy
101.6.1 of the Monroe County Year 2010 Comprehensive Plan.
7. The Board of County Commissioners (BOCC) has the authority to grant administrative
relief under Section 9.5-122.2(f)(6) of the Monroe County Code to qualified applicants
and may grant the applicant a ROGO allocation, offer to purchase the property at fair
market value, or provide such other relief as may be necessary and appropriate.
8. Policy 101.6.6 of the Monroe County Year 2010 Comprehensive Plan calls for the Board
to base the acquisition decision for administrative relief applications on the property's
environmental sensitivity per Policy 101.6.5.
9. The acquisition criteria in Policy 101.6.5 of the Monroe County Year 2010
Comprehensive Plan include the environmental sensitivity of the vegetative habitat on the
subject property.
ADMINISTRATIVE Rm.nlF REsoLUTION
BASSIL, RE#OOSOO93O.000000
Papt 013
10. The subject property consists of low elevation low quality tropical hardwood hammock.
Based on this classification, the subject property received negative two (-2)
environmental points for an environmental total of negative two (-2) points in the ROGO
system evaluation criteria. The subject property is also designated as a Tier 3A Special
Protection Area in the proposed Tier system.
11. Board of County Commissioners Resolution #223-2004 directs staff to identify small
parcels with indigenous hammock or pinelands that are ineligible for purchase by the
State with Florida Forever funds, limit the issuance of permits for clearing on said
parcels, and recommend said parcels for purchase by the Monroe County Land Authority.
12. The subject property is in an area of indigenous hammock that is ineligible for purchase
by the State with Florida Forever funds.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
I. Applicant Dean Parkinson has met the requirements to receive administrative relief for
Block 10, Lots I & 2, Bowens Addition of Riviera Village, Key Largo.
2. In accordance with Policy 101.6.5, 101.6.6, and BOCC Resolution 223-2004, the
appropriate form of administrative relief for this application is an offer to purchase. The
issuance of a ROGO allocation would be inconsistent with the Monroe County Year 20 I 0
Comprehensive Plan and BOCC Resolution 223-2004.
3. The Monroe County Land Authority is requested to have the subject property appraised
and subsequently make an offer to purchase same.
[The remainder of this page is blank.}
ADMINISTRATIVE RELIEF RESOLUTION
BASSIL, RE#00500930.000000
Page 2 of3
4. In the event Applicant declines the above referenced purchase offer, Applicant will retain
the right to remain in the ROOO system and continue competing for an allocation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Mario Di Genarro
Commissioner Silvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATIEST: DANNY L KOLHAGE, CLERK
DEPUTY CLERK
ADMlNISTRATIVE REuEF RESOLUTION
BASSIL, RE#OOSOO930.000000
Pace 3 on
County of Monroe
Growth Management Division
Phmnim! Department
88800 ()verseas Highway
Tavernier. Florida 33070
Voice (305) 852-7100
FAX: (305) 852-7103
Board of County Commissioners
Mayor Charlcs McCoy, Disi. 3
Mayor Pro Tem Dixic Spehar, DisL 1
George Neugent, DisL 2
Mario Di Gennaro. DisC 4
Sylvia Murphy. DisL 5
We Jtrive to be caring, professional alldfair
To:
Board of COUllty Commissioners
From:
Ty Symroski, Growth Management Director
Date:
October 3 I, 2006
Subject:
Mr. Dean Parkinson, Administrative Relief Request
RE: 00512580,000000 & 00512580.000100
I. BACKGROu'ND
The applicant is eligible for Administrative Relief having complied with all requirements of the dwelling unit
allocation system and having been considered in at least three (3) of the last fDur consecutive annual allocation
periods and having submitted their application for Administrative Relief no earlier than the third annual
allocation period and no later than ninety (90) days following the close of the fom1h allocation period.
Date Entered ROGO: October 9, 2002
Date Entered Administrative Relief: January 9. 2006
ROGO Score: 22
Planning: 17
. (+ 1 0) infill
. (+3) Lot aggregation
. ( +4) perseverance
Building: 7
. (+ 1) Flood Zone X
. (+ 4) Water/Energy Conservation
. (+2) Structural Integrity
Environmental: -2
. (-2) Group 2, Low Elevation, Low Quality Hammock
II. CURRENT CONDITIONS
Location: Lots 1 & 2, Block 10, Rivera Village, Key Largo
Owner: Mr. Dean Parkinson
Applicant/Agent: Mrs. Gay Marie Smith
Administrative Relief Staff Report I of2
Parkinson, RE 00512580.000000 & 00512580.000200
C:\J)ocuments and Settlngs'\tezanos-mayra\Local Settings\Temporary Intemet Fi!cs\OLK 13 B\Parkinson - staff report Admin
reliefdoc
Land Use District: Improved Subdivision (IS) FLUM: Residential Medium (RM) Proposed Tier: 3a
(SP A)
2006 Taxable Value: $69,220.00 Size: Approximately 13,800 square feet Hammock Area: 100%
III. LEGAL ELIGIBILITY Ai'\!D OPTIONS
Eligibility for Administrative Relief Options:
Section 9.5-122.2(f) of the Monroe County Land Development Regulations and Policy 101.6.1 or the 2010
Comprehensive Plan provides a mechanism whereby an application which has not received an allocation avvard
in ROGO may apply to the Board of County Commissioners for Administrative Relief. The applicant is
eligible for Administrative Relief having complied with all requirements of the dwelling unit allocation system
and having been considered in at least three (3) of the last four consecutive annual allocation periods and
having submitted their application for Administrative Relief no earlier than the third annual allocation period
and no latcr than ninety (90) days following the close of the fOUlth allocation period.
Relief Options under Administrative Relief:
The remedies available to an application for Administrative Relief pursuant to Section 9.5- 1 22.2(f)(6) include
issuance of I (one) ROGO allocation awarded, just compensation by purchase of the propel1y, or such other
relief as may be necessary or appropriate.
The subject property does contain sensitive environmental features or any significant habitat for endangered or
threatened species. It therdixe may meet the criteria established under the existing Policy 101.6.6 and Policy
102.4.2, or the proposed Policy 101.6.5 of the Year 2010 Comprehensive Plan for the purchase of property
under Administrative Relief.
These lots were visited by County Biologist Niko Reisinger in October 2002. Her recommendation at that time
was to allow for permit issuance. She asked that the applicant be required to record a conservation easement
for the required open space area pursuant to MCC *9.5-336. A draft of the Grant of Conservation Easement
(GOCEA) was included in the building permit file. This draft indicated that the lots included low quality high
elevation tropical hardwood hammock. The GOCEA referenced Exhibit A to show the location of the
casement Staff has not been able to locate Exhibit A.
However, Resolution 223-2004 recommends that small parcels containing tropical hardwood hammock that are
not included in the Florida Forever Acquisition /\rea be referred to the Land Authority for purchase.
The applicant has requested administrative relief in the form of a granting of 1 (one) ROGO allocation and has
not expressed a desire to sell the property to the County as provided for under Policy 101 .6.1 of the Year 2010
Comprehensive Plan.
IV. RECOMMENDATIONS
It is recommended that the Board of COllnty Commissioners find that the applicant will meet the criteria and
qualify for Administrative Relief. It is fUl1her recommended that a Resolution be prepared that establishes this
relief in the f(mll of purchase.
Administrative Relief Staff Report 2 ofl
Parkinson, RE 00512580,000000 & 00512580.000200
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15, 2006
Division: Growth Management
Bulk Item: Yes No X
Staff Contact Person: Reggie Paros/Jerry D. Sanders
AGENDA ITEM WORDING: A Public Hearing for Approval and Adoption of Amendment to 2010
Comprehensive Plan Policy 101.4.24 modifying height limitations for structures constituting
affordable, employee and workforce housing units for four (4) identified parcels or groupings of
parcels in the mixed use/commercial and residential high future land use categories, using the
expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot
Program ("CWHIP"). (Only One Hearing Required) (By 5-0 Motion on October 18th continued to
the November 15th regular BOCC meeting in Key Largo.)
ITEM BACKGROUND: The Florida Legislature recently enacted Session Law 2006-069, Section 27
of which was the Community Worliforce Housing Innovation Pilot Program ("CWHIP"), now codified
as F.S. 420.5095.
CWHIP will potentially make up to $5,000.000 dollars available for innovative workforce housing
public-private partnerships available to one or more projects in Monroe County should required
comprehensive plan amendments, land acquisition and other measures be taken in time to qualify for
the program. F.S. 420.5095 authorizes an expedited process for these amendments requiring only one
hearing - the adoption hearing.
The proposed Comprehensive Plan Amendment will modify height limitations for structures
constituting affordable, employee and workforce housing units for four (4) identified parcels or
groupings or parcels in the mixed use/commercial and residential high future land use categories.
PREVIOUS RELEVANT BOCC ACTION: Approval of forwarding Notice ofIntention to Adopt an
Amendment to the 2010 Comprehensive Plan and advertising same to modify height limitations for
affordable housing by BOCC on 9/13/06.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required _X_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15,2006
Division: Growth Management
Bulk Item: Yes No 1L-
Staff Contact Person: Reggie Paros/Jerry D. Sanders
AGENDA ITEM WORDING: A Public Hearing for Approval and Adoption of Amendment to 2010
Comprehensive Plan Policy 101.4.21 clarirying maximum densities for density bonuses for affordable,
employee and workforce housing units of 750 sq. ft. or less in size in the mixed use/commercial and
residential high future land use categories for specified districts within those categories, using the
expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot
Program C'CWHIP") for specific parcels or grouping of parcels. (Only One Hearing Required) (By 5-0
Motion on October 18th continued to the November 15th regular BOCC meeting in Key Largo.)
ITEM BACKGROUND: The Florida Legislature recently enacted Session Law 2006-069, Section 27
of which was the Community Worliforce Housing Innovation Pilot Program ("CWHIP"), now coditied
as F.S. 420.5095.
CWHIP will potentially make up to $5,000.000 dollars available for innovative workforce housing
public-private partnerships available to one or more projects in Monroe County should required
comprehensive plan amendments, land acquisition and other measures be taken in time to qualify for
the program. F .S. 420.5095 authorizes an expedited process for these amendments requiring only one
hearing - the adoption hearing.
The proposed Comprehensive Plan Amendment will clarifY maximum densities for density bonuses for
affordable housing units between 400 - 750 square feet allowing density to be increased for such small
units within certain land use districts for specific parcels or grouping of parcels.
PREVIOUS RELEVANT BOCC ACTION: Ordinance 15-2006 adopted by BOCC on 4/19/06 to
provide density bonuses, subsequently rejected by the DCA citing clarification needed to the 2010
comprehensive Plan. BOCC approved a challenge to DCA's rejection which is pending before DOAH.
Approval of forwarding Notice of Intention to Adopt an Amendment to the 2010 Comprehensive Plan
and advertising same to modifY height limitations for affordable housing by BOCC on 9/13/06.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included
Not Required~X_
AGENDA ITEM #