Item P5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2008 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resource
Staff Contact Person: Kathy Grasser, Comprehensive Planner
AGENDA ITEM WORDING:
A public hearing to consider a resolution, at the request of Key Haven Estates, LLC granting approval of a
final plat for the subdivision of land into 43 residential lots and two commercial tracts to be known as Key
Haven Estates, which is a replat of Key Haven 4th Addition Lots 19-23, 9th Addition Lots 3-8 And 11-24,
and Enchanted Island Lots 39-44, 63-72, And 77-83, located within Sections 25 And 26, Township 67,
Range 25 East, Monroe County, Florida.
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on June 11, 2008 and based on the facts
presented at the meeting, the Planning Commission recommended approval of a final plat for the
subdivision of land into 43 residential lots and two commercial tracts to be known as Key Haven Estates,
which is a replat of Key Haven 4th Addition Lots 19-23, 9th Addition Lots 3-8 And 11-24, and Enchanted
Island Lots 39-44, 63-72, And 77-83, located within Sections 25 And 26, Township 67, Range 25 East,
Monroe County, Florida
PREVIOUS RELEVANT COMMISSION ACTION:
The Board of County Commissioners approved Development Agreement Resolution 85-2005 on February
9, 2005 pertaining to the subject properties.
The Board of County Commissioners approved Resolution 021-2005 on September 5, 2005 amending the
land use district zoning map from Sub Urban Commercial (SC) to Sub Urban Residential (SR) for the
parcel known as the triangle parcel and from Mixed Use / Commercial (MC) to Improved
Subdivision (IS) for Lots 6, 7, and 8 of the Key Haven's Ninth Addition and further described as
sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida. The
Real Estate Numbers are: 00123170.000000, 00123220.000000, 00139360.000000,
00139350.000000 and 00139340.000000.
The Board of County Commissioners granted approval on September 19, 2007 of a one (1) year extension
to file for final plat approval for Key Haven Estates, Inc.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
APPROVED BY: County Attorney _X
DOCUMENTATION: Included X
DISPOSITION:
BUDGETED: Yes No N/A
SOURCE OF FUNDS: N/A
No N/A AMOUNT PER MONTH: N/A Year
OMB / Purchasing
Not Required
Risk Management
AGENDA ITEM #
Key Haven Estates and Enchanted Isle Final Plat Approval
July 16, 2008
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Kathy Grasser, Comprehensive Planner
�� 11
Date: June 11, 2008
Re: Key Haven Estates and Enchanted Island Final Plat Approval
Please be advised that the Monroe County Planning Commission at its regular meeting of
this date, held a public hearing and recommended approval of the final plat for Key
Haven Estates by a vote of 4-0.
RESOLUTION NO. -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS GRANTING APPROVAL OF A
FINAL PLAT FOR THE SUBDIVISION OF LAND INTO 43
RESIDENTIAL LOTS AND TWO COMMERCIAL TRACTS TO BE
KNOWN AS KEY HAVEN ESTATES, WHICH IS A REPLAT OF
KEY HAVEN 4TH ADDITION LOTS 19-23, 9T" ADDITION LOTS
3-8 AND 11-24, AND ENCHANTED ISLAND LOTS 39-44, 63-72,
AND 77-83, LOCATED WITHIN SECTIONS 25 AND 26,
TOWNSHIP 67, RANGE 25 EAST, MONROE COUNTY, FLORIDA
NOW, THEREFORE, the Board of County Commissioners of Monroe County resolves as
follows:
Section 1. The Board of County Commissioners makes the following findings:
1. The Board of County Commissioners approved Development Agreement
Resolution 85-2005 on February 9, 2005 pertaining to the subject properties. The agreement is
between Key Haven Estates, LTD and Monroe County and the duration of the Agreement is ten
(10) years. The permitted uses as outlined in the agreement is for forty-three (43) single-family
estate lots and 10,000 square feet of commercial floor area. Through this platting application, the
applicant intends on meeting this portion of the agreement which required development permits for
an approved resubdivision of the subject properties.
2. The Board of County Commissioners approved Resolution 021-2005 on September
5, 2005 amending the land use district zoning map from Sub Urban Commercial (SC) to Sub Urban
Residential (SR) for the parcel known as the triangle parcel and from Mixed Use /
Commercial (MC) to Improved Subdivision (IS) for Lots 6, 7, and 8 of the Key Haven's
Ninth Addition and further described as sections 25, Township 67 South, and Range 25
East, Raccoon Key, Monroe County, Florida. The Real Estate Numbers are:
00123170.000000, 00123220.000000, 00139360.000000, 00139350.000000 and
00139340.000000.
3. The Planning Commission approved Resolution P39-06 on September 13, 2006
granting approval of a preliminary plat for the subdivision of land into forty-three (43) residential
lots and two (2) commercial tracts to be known as Key Haven Estates, which is a replat of Key
Haven 41h Addition Lots 19-23, 9`h addition Lots 3-8 and l 1-24, and Enchanted Island Lots 39-44,
63-72, and 77-83, located within sections 25 and 26, Township 67, Range 25 East Monroe County,
Florida.
Key Haven Estates and Enchanted Isle P. I of 4 Final Plat Approval
June 18, 2008
4. The Board of County Commissioners granted approval on September 19, 2007 of a
one (1) year extension to file for final plat approval for Key Haven Estates, Inc.
5. The final plat, which was signed and sealed by Frederick H. Hildebrandt on March
6, 2008, was reviewed by the Development Review Committee on June 10, 2008 and recommended
for approval by the Planning Commission on June 11, 2008.
6. After review of the Final Plat application, Staff has found three (3) Real Estate
numbers, which were scrivener's errors, when comparing the Preliminary Plat application packet
with the Final Plat application packet:
1. RE No.: 00123120.000000 does not exist
2. RE No.: 00123250.000000 should be RE # 00123250.000100
3. A portion of the RE # 00123250.000100 is used in the final plat
4. RE No.: 00135510.000000 should be RE: No.: 00139510.000000
5. The Preliminary Plat Staff Report stated the plat was dated June 06, 2006;
however it should have been dated June 14, 2006.
7. After review of the Final Plat application, the real estate numbers were corrected
on the Final Plat application packet and signed off by the applicant's agent, Rodney Corriveau,
AICP, The Craig Company, on June 3, 2008.
8. The Planning Commission was presented with the following documents and
information:
A. A final plat of Key Haven Estates dated, signed and sealed by Frederick H.
Hildebrandt, a registered surveyor in the State of Florida, on March 6, 2008; and
B. The Final Plat Application filed by Key Haven Estates, LLC; and
C. The file packet prepared by the Planning Department, which is hereby
incorporated as part of the record; and
D. The Planning Department staff report prepared by Kathy Grasser,
Comprehensive Planner, dated May 20, 2008; and
E. The sworn testimony by the Planning Department staff and the agent for
the applicant.
The following Letters of Coordination and other documentation were received:
A. Pursuant to Section 9.5-83, The Florida Keys Aqueduct Authority (FKAA)
letter dated December 14, 2005, indicates there is adequate water service to this
project.
B. Pursuant to Section 9.5-83, The Office of the Fire Marshall, Monroe
County, letter dated April 30, 2007, indicated approval of the submitted Fire
Hydrant plan and recommended approval of the subject plat.
C. Pursuant to Section 9.5-83, The Florida Department of Environmental
Protection letter dated January 3, 2008, addressed the Key Haven Utility
wastewater treatment plant and stated compliance with the State's adopted water
quality standards for wastewater effluent, as addressed in the Consent Order from
the Florida Department of Environmental Protection (OGC FILE NO. 05-2023-44-
DW).
Key Haven Estates and Enchanted Isle P. 2 of 4 Final Plat Approval
Junel8,2008
D. Pursuant to Section 9.5-83, The Keys Energy Systems letter dated
December 19, 2005 requests that the applicant provide a full set of plans and a
completed project review form (separate form for each new meter) for the replat
project.
E. Pursuant to Sections 9.5-83 and 9.5-294, The Key Haven Utility
Corporation letter dated, December 22, 2005 indicates there is adequate capacity to
serve the 43 residential units proposed for Key Haven and Enchanted Island.
F. Pursuant to Sections 9.5-83 and 9.5-293, a conceptual storm water
management plan were provided and indicated they are consistent with the revised
dead end street turn-arounds required by the Fire Marshall.
G. The South Florida Water Management District Environmental Resource
Permit #440-00357-P, issued on January 11, 2007, was approved for the storm
water management master plan.
H. Pursuant to Sections 9.5-293 and 9.5-85, the applicant provided a
conceptual street plan. As stated in the Development Agreement per Resolution
No. 85-2005, Key Haven Estates, LTD shall construct, own and maintain all new
roads and signage and design of roads must be provided to the County Engineer for
review.
L Pursuant to Sections 9.5-293 and 9.5-85, the County Traffic Engineer letter
dated July 20, 2007 stated the Right-of-way permit needs to be obtained once final
plat approval is granted.
J. Pursuant to Section 9.5-302, cost estimates and construction drawings for
curbs and gutters will be required and shall be reviewed by the County Engineer
prior to final plat approval.
K. Pursuant to Section 9.5-297, the applicant's final plat remarks "easements
are to be dedicated to the public for utilities or infrastructure, or to be retained for
private use".
L. Pursuant to Sections 9.5-88, 9.5-90, and 9.5-297, any easements for public
infrastructure such as roads, drainage and utility lines, for example, shall be
provided of the Monroe County Code.
M. Pursuant to Section 9.5-83 (d), states that no plat shall be approved which
creates an unbuildable lot.
N. Pursuant to the Monroe County Year 2010 Comprehensive Plan, Policy
101.19.2 states "Purchase of a platted lot shown hereon confers no right to build
any structure on such lot, nor to use the lot for any particular purpose, not to
develop the lot. The development or use of each lot is subject to, and restricted by,
the goals, objectives, and policies of the adopted comprehensive plan and land
development regulations implementing the plan; there for, no building permit shall
be issued by the County unless the proposed development complies with the
comprehensive plan and land development regulations."
Key Haven Estates and Enchanted Isle P. 3 of 4 Final Plat Approval
June 18, 2008
O. Pursuant to Sections 9.5-349, the setback areas are stated in the BOCC
Development Agreement, Resolution #85-2005 and in the Department of
Community Affairs instrument, Document #1508583, Book 2102, Page 1749.
P. Pursuant to Section 9.5-426, the County Traffic Engineer letter and Traffic
Analysis, dated January 2006, prepared by Transport Analysis Professionals, Inc
from Miami, Florida was received in the Planning Department
Q. Pursuant to Section 9.5-303, the applicant provided cost estimates for the
construction of sidewalks.
R. Pursuant to Section 9.5-85, the Subdivision Bond, No. 5029935, was
submitted and signed by the Bond Safeguard Insurance Company guaranteeing the
installation of all required and conditioned improvements for $5,492,819.51.
Section 2. Based on the preceding findings, the Board of County Commissioners of
Monroe County grants approval of the Final Plat dated, signed and sealed by Frederick H.
Hildebrandt on March 6, 2008 for the subdivision of land into 43 residential lots and two
commercial tracts to be known as Key Haven Estates, which is a replat of Key Haven 41" Addition
lots 19-23, 9th Addition lots 3-8 and 11-24, and Enchanted Island lots 3944, 63-72, and 77-83,
located within Sections 25 and 26, Township 67, Range 25 east, Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18'h day of June A.D., 2008.
Mayor Mario Di Gennaro
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor Di Gennaro
MONROE COUNTY ATUIRNEW
APPREf� Ep A3 T M
C.c-s� Yyl
Key Haven Estates and Enchanted Isle P. 4 of Final Plat Approval
June 18,2008
Key Haven Final Plat Request
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FINAL PLAT FOR THE SUBDIVISION OF LAND INTO 43 RESIDENTIAL LOTS AND
TWO COMMERCIAL TRACTS TO BE KNOWN AS KEY HAVEN ESTATES, WHICH
IS A REPLAT OF KEY HAVEN 4TH ADDITION LOTS 19-23, 9TH ADDITION LOTS
3-8 AND 11-24, AND ENCHANTED ISLAND LOTS 39-44, 63-72, AND 77-83,
LOCATED WITHIN SECTIONS 25AND 26, TOWNSHIP 67, RANGE 25 EAST,
MONROE COUNTY, FLORIDA
SUBDIVISION BOND
Bond Na, 5029935
KNOW ALL MEN BY THESE PRESEN'LS, that we Key Haven Estates, LLC, 201 Front Street Suite #224 Key West _
Florida 33040
as Principal, and Bond Safeguard Insurance Company
authorized to do business in the State of TX
Monroe, 1100 Simonton Street, Suite 2-216, Key West, Florida 33040
, as Surety, are held and firmly bound unto County of
as Obligee, in the penal sum of Five Million Four Hundred Ninety Two Thousand Eight Hundred Nineteen and 511100 - - - - - - - - -
--------------------------------- -• (S5,492,819.51 )DOLLARS, lawful money of
the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WIIERFAS, Key Haven Estates, LLC, 201 Front Street, Suite #224, Key West, Florida 33040
has agreed to construct in Monroe County, Key West, Florida
the following improvements: Site development, Landscaping, Permitting and Sellout of 43 Residential Lots and 1 Commerical
Lot with Development Rights on the Property Commony Known As: Key Haven Estates, Key Haven (Racoon Key) and Enchanted
Island, Key Haven, Florida 33040
NOW, THERFFORE, THE CONDITION OF THIS OBLIGATION IS SOCII, that if the said Principal shall
construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or
damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full
force and effect.
Signed, sealed and dated this 29th day ofNovember
3-3689J1--EEr 2198
2007
Key Haven Estates, LLC, 201 Front Street, Suite #224, Key
West, Florida 33040
Principal
By -
Bond Safeguard Insurance Company
By:
Christopher L. Dobbs attorney -«,-Fact
POWER OF ATTORNEY
Bond Safeguard INSURANCE COMPANY
KNOW ALL MIEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois
Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint:
Christopher L. Dobbs
its true and lawful Atiorney(s)-I n-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds.
undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on this Ist day- of _ Awzwst , 2006, as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attorney -in -Fact to execute on behalf of the Company any bonds, undertakings; policies,
contracts of indemnity or other writings obligatory in nature of a bond not to exceed S5,700,000.00, Five Nfillion Seven Hundred
Thousand Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company hereto.
Any said execution of such documents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly
executed and acknowledged by the regularly elected officers of the Company. Any Attorney -in -Fact, so appointed, may be
removed for good cause and the authority so granted may be revoked as specified in the Power of .Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice -President; and the seal of the Company may be affixed by facsimile to any
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any
bond or undertakings to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed
by its President, and its Corporate Seal to be affixed this Ist day of Aueust 2006,
BOND SAFEGUARD INSURANCE COMPANY
1 /Y
' Lavid E. .Tafpbefl
President
ACKNOWLEDGEMENT
On this Ist_day of August 2006, before me, personally came David E. Campbell to me known,
who being Y du[ sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the
corporation describedtWand�yv,hj�6 executed the above instrument, that he executed said instrument on behalf of the corporation
by authority of hi�fift u1drsthe�B-efts of said corporation.
I
Notary Public
CERTIFICATE
1. the unde'sir_'_'iied;Se r tarp ;q$OND SAFEGUARD INSURANCE COMPANY, An Illinois Company, DO
HEREBY CERTIFY that ilir �dr'jriel'Power of Attorney of which the foregoing is a true and correct copy, is in full force and
effect and has not beertxevoked and tide r�8ol.49,ns asset forth are now in force.
Si,ned and Sealed at Lombard, Illinois this 29rh Day of November n007
Donald Iluchanan
Secretary
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
REVISED STAFF REPORT
To: The Board of County Commissioners
Through: Townsley Schwab, Acting Director of Environmental and Planning Resources'
From: Kathy Grasser, Comprehensive Planner/
Date: June 11, 2008
Re: Key Haven Estates and Enchanted Island, Final Plat Approval
June 18, 2008
I. REQUEST
The applicant is proposing to replat approximately 23 acres of land into 43 single-
family residential lots and create two (2) commercial development lots.
The replat is of Key Haven 4th Addition Lots 19-23 and 9th Addition Lots 3-8 & 1I-
24; and Enchanted Island: Lots 39-44, 63-72, and 77-83.
Proposed number of lots: 43 residential lots
Total acreage under review: 23 +/- acres
Proposed average size of lots: 18,800 square feet / lot
Proposed minimum lot size: 9,452 square feet
II. LOCATION
A. Island & Mile Marker: Key Haven, mile marker 6
B. Address/ Common address: Raccoon Key , Enchanted Island and Key Haven
Subdivision
C. Legal Description: Sections 25 & 26, Township 67 South, Range 25 East, Key
Haven, Monroe County, Florida.
D. RE Number (s): 00116981.000000; 00123100.000000; 00123140.000000;
00123150.000000; 00123170.000000; 00123200.000000; 00123210.000000;
00123220.000000; 00123230.000000; 00135850.000000; 00135860.000000;
00135870.000000; 00135880.000000; 00135890.000000; 00135900.000000;
00135910.000000; 00139310.000000; 00139320.000000; 00139330.000000;
00139340.000000; 00139350.000000; 00139360.000000; 00139390.000000;
00139400.000000; 00139410.000000; 00139420.000000; 00139430.000000;
00139440.000000; 00139450.0000001,00139460.000000; 00139470.000000;
Frey Haven Estates and Enchanted Isle Page I of 1 I Final Plat Approval
June 18, 2008
1 00139480.000000; 00139490.000000; 00139500.000000; 00139510.000000;
2 00139520.000000 and a portion of 00123250.000100
3 E. Applicant:
4 1. Owner: Key Haven Estates, LLC
5 2. Agent: Rodney V. Corriveau, AICP of the Craig Company
6
7 III. NOTES:
8 After careful review of the Final Plat application, Staff has found three (3) Real
9 Estate numbers, which were scrivener's errors, when comparing the Preliminary
10 Plat application packet with the Final Plat application packet:
11 1. RE No.: 00123120.000000 does not exist
12 2. RE No.: 00123250.000000 should be RE # 00123250.000100
13 A portion of the RE # 00123250.000100 is used in the final plat
14 3. RE No.: 00135510.000000 should be RE: No.: 00139510.000000
15 4. The Preliminary Plat Staff Report stated the plat was dated June 06,
16 2006; however it should have been dated June 14, 2006.
17 5. The real estate numbers were corrected on the Final Plat application
18 packet and signed off by the applicant's agent, Rodney Corriveau,
19 AICP, The Craig Company, on June 3, 2008.
20
21 IV. PROCESS:
22
23 Pursuant to Section 9.5-84, final plat approval is necessary for the platting of five
24 (5) or more lots. An application and fee have been submitted to the Planning
25 Department. The DRC reviewed the staff report which recommended approval.
26 The PC is to review the application, recommendation and staff report and the
27 testimony of the public. If the PC finds that the final plat conforms to the approved
28 preliminary plat and the substantive and procedural requirements of this chapter, the
29 PC shall recommend to the Board of County Commissioners approval of the final
30 plat, or approval with specified conditions, and shall submit a report and written
31 findings in accordance with section 9.5-47. The Board of County Commissioners
32 shall conduct a public hearing on all applications for final plat approval involving
33 five (5) or more lots in accordance with the procedures of sections 9.5-46(c). The
34 Board of County Commissioners shall review the application, the recommendations
35 of the development review committee and the planning commission, and the
36 testimony at the public hearing, and shall grant final plat approval, grant approval
37 subject to specified conditions, or deny the application, in accordance with the
38 provisions of section 9.5-47.
39
40 V. PRIOR COUNTY ACTIONS
41
42 The Board of County Commissioners approved Development Agreement
43 Resolution 85-2005 on February 23, 2005 pertaining to the subject properties. The
44 agreement is between Key Haven Estates, LTD and Monroe County and the
45 duration of the Agreement is ten (10) years. The permitted uses as outlined in the
46 agreement are for forty-three (43) single-family estate lots and 10,000 square feet of
Key Haven Estates and Enchanted Isle Page 2 of I I Final Plat Approval
June 18, 2008
I commercial floor area. It also provides for accessory uses, dockage, roads and
2 utilities including wastewater and requires the already accomplished rezoning. This
3 amended plat process, a major conditional use, a minor conditional use for the
4 transfer of development rights, approved re -subdivision of the property, building
5 and related construction permits for all main and accessory structures, land clearing
6 and landscaping and the road abandonment of Key Haven Boulevard from US 1 up
7 to its intersection with Key Haven Terrace, which has already been completed
8 (Resolution 153-2007).
9
10 The Board of County Commissioners approved Ordinance 022-2005 on September
11 22, 2005 amending the future land use map designations from Mixed Use /
12 Commercial (MC) to Residential Low (RL) for the parcel known as the triangle
13 parcel and from Mixed Use / Commercial (MC) to Residential Medium (RM) for
14 Lots 6, 7, and 8 of the Key Haven's Ninth Addition and further described as
15 sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe
16 County, Florida. This allows the already platted lots to be rezoned to IS. The Real
17 Estate Numbers are: 00123170.000000, 00123220.000000, 00139360.000000,
18 00139350.000000 and 00139340.000000.
19
20 The Board of County Commissioners approved Ordinance 021-2005 on September
21 22, 2005 amending the land use district zoning map from Sub Urban Commercial
22 (SC) to Sub Urban Residential (SR) for the parcel known as the triangle parcel and
23 from Sub Urban Commercial (SC) to Improved Subdivision (IS) for Lots 6, 7, and 8
24 of the Key Haven's Ninth Addition and further described as sections 25, Township
25 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida. The Real
26 Estate Numbers are: 00123170.000000, 00123220.000000, 00139360.000000,
27 00139350.000000 and 00139340.000000.
28
29 The Planning Commission approved Resolution P39-06 on September 13, 2006
30 granting approval of a preliminary plat for the subdivision of land into forty-three
31 (43) residential lots and two (2) commercial tracts to be known as Key Haven
32 Estates, which is a replat of Key Haven 4th Addition Lots 19-23, 91h addition Lots 3-
33 8 and 11-24, and Enchanted Island Lots 39-44, 63-72, and 77-83, located within
34 sections 25 and 26, Township 67, Range 25 East Monroe County, Florida.
35
36 The Board of County Commissioners granted approval on September 19, 2007 of a
37 one (1) year extension to file for final plat approval for Key Haven Estates, Inc.
38
39 The Planning Commission held a public hearing and reviewed the final plat
40 application on June 11, 2008 and unanimously recommended approval of the plat to
41 the Board of County Commissioners.
42
43 VI. BACKGROUND INFORMATION•
44 A. Size of Site: 23+/- acres
45 B. Land use District: Improved Subdivision (IS), Sub Urban Residential (SR)
46 and Sub Urban Commercial (SC)
Key Haven Estates and Enchanted Isle Page 3 of I 1 Final Plat Approval
June 18, 2008
I C. Future Land Use Designation: Residential Medium (RM) and Residential
2 Low (RL)
3 D. Tier Designation: Tier III
4 E. Existing Vegetation / Habitat: Cleared and undeveloped
5
6 1. Vegetation:
7
8 a. Key Haven
9
10 Tract 2 of the proposed plat contains red flag wetlands, and has been delineated
11 by the Monroe County Biologist. This area has a 100% open space requirement
12 and is not buildable. The rest of the area is disturbed and scarified.
13
14 b. Enchanted Island
15
16 Surrounding Enchanted Island is a shoreline fringed by mangroves. The
17 mangroves are noted on the plat as being in a conservation easement measuring
18 from mean high water landward 15 feet. The plat also has a Note which says; "as
19 agreed by the Monroe County Biologist, there shall not be any structures or any
20 accessory structures, which include but are not limited to pools, decks, Tiki huts,
21 sheds ..., located in the 20 foot or 25 foot shoreline setback (depending on the lot
22 location) from the mean high water line."
23
24 2. Habitat:
25
26 Neither Key Haven nor Enchanted Island provides habitat known, probable, or
27 potential for protected animal species.
28
29 3. Community Character of Immediate Vicinity:
30
31 The replatting of land will provide an additional 43 lots for detached, single
32 family home sites. The replatted area is contiguous with a residential subdivision
33 of about 400 residential dwelling units. The residential use resulting from the
34 replat will be compatible with adjacent residential uses.
35
36 4. Miscellaneous:
37
38 Air Installation Compatibility Use Zone (AICUZ)
39 The subject site is not within the 1977 Air Installation Compatible Use Zones
40 (AICUZ) of Naval Air Station Key West. Comments from Naval Air Station,
41 Key West indicated subject property is within the 2007 AICUZ Update footprint.
42 The portion of the plat known as `Enchanted Island" is located within Accident
43 Potential Zone (APZ) II and noise contours 65 — 74 DNL (day night average
44 sound level). The balance of the plat is predominantly within the 60 — 64 DNL
45 with a portion located within the 55 — 59 DNL. The 2007 AICUZ Update states
Key Haven Estates and Enchanted Isle Page 4 of I 1 Final Plat Approval
June 18, 2008
I that residential uses are discouraged in DNL 65 — 69 and strongly discouraged in
2 DNL 70 -74.
3
4 The community supported the proposed residential use of this site when public
5 hearings were held for the rezoning of this land from commercial to residential
6 zoning (IS and SR). Therefore the platting of lots for detached residential
7 dwellings represents the public's interest in providing additional residential uses
8 in the immediate vicinity. The zoning changes were approved by local
9 government and were not appealed by the Department of Community Affairs
10 (DCA).
11
12 VIL REVIEW OF APPLICATION:
13
14 A. Density
15
16 The 43 residential lots, commercial development tract, shoreline setbacks and the
17 like were determined through a negotiated Development Agreement, between the
18 applicant and Monroe County, and approved by the Board of County
19 Commissioner's Resolution 085-2005. The Department of Community Affairs
20 (DCA) did not appeal the Development Agreement.
21
22 B. Letters of Coordination and other documentation have been received from:
23 1. WATER, Section 9.5-83
24 a) The Florida Keys Aqueduct Authority (FKAA), Section 9.5-83
25
26 A letter from the FKAA, dated December 14, 2005, indicates there is
27 adequate water service to this project. The FKAA has received a
28 preliminary set of civil drawings for the proposed water main and are
29 under review.
30
31 b) Office of the Fire Marshal, Monroe County, Section 9.5-83
32
33 A fire hydrant plan and a coordination letter with the FKAA for such
34 improvements were submitted to the Fire Marshall's office. A letter
35 from the Fire Marshall's office stating approval of the fire hydrant plan
36 was received by the Planning Department on April 30, 2007 approving
37 the submitted fire Hydrant plan and recommending approval of the
38 subject plat. Fire Department access shall comply with National Fire
39 Protection Code (NFPA 1).
40
41 c) Florida Department of Environmental Protection
42
43 A letter from the Florida Department of Environmental Protection
44 (DEP) was received by the Department of Planning addressing the Key
45 Haven Utility wastewater treatment plant and stating compliance with
46 the State's adopted water quality standards for wastewater effluent, as
Key Haven Estates and Enchanted Isle Page 5 of i 1 Final Plat Approval
June 18, 2008
I
addressed in the Consent Order from the Florida Department of
2
Environmental Protection (OGC FILE NO. 05-2023-44-DW).
3
4
2. ELECTRICITY, Section 9.5-83
5
6
A letter of coordination letter has been received on June 4, 2008 from Keys
7
Energy Service, Engineering Department stating there is adequate service
8
and is contingent on the project being completed in five (5) years.
9
10
3. SEWER, Sections 9.5-83 and 9.5-294
11
12
The applicant has provided a conceptual sewer plan. A letter from Key
13
Haven Utility Corporation, the wastewater treatment service provider, dated
14
December 22, 2005, indicates there is adequate capacity to serve the 43
15
residential units proposed for Key Haven and Enchanted Island. Updated
16
drawings for sewer and water utilities consistent with the "T" and "Y" turn-
17
arounds were provided.
18
19
As required in the Development Agreement, Key Haven Estates shall
20
provide wastewater and sewage collection and disposal via the existing
21
onsite package sewage treatment plant approved by the Florida Department
22
of Environmental Protection (DEP). The applicant provided the Planning
23
Department with a letter from the Florida Department of Environmental
24
Protection, dated January 3, 2008, stating that the Key Haven Utility sewage
25
treatment plant has fully satisfied all of the requirements of the Consent
26
Order (OGC FILE NO. 05-2023-44-DW) from the Florida Department of
27
Environmental Protection.
28
29
4. DRAINAGE, Sections 9.5-83 and 9.5-293
30
31
The applicant has provided a conceptual storm water management plan.
32
Updated drawings for the drainage plan were provided to indicate they are
33
consistent with the revised dead end street turn-arounds required by the Fire
34
Marshall.
35
36
The South Florida Water Management District Environmental Resource
37
Permit #440-00357-P, for the storm water management master plan was
38
issued on January 11, 2007.
39
40
As stated in the development agreement, Key Haven Estates, LTD shall
41
construct, own and maintain the drainage facilities.
42
43
5. STREETS, Sections 9.5-293 and 9.5-85
44
45
The applicant has provided a conceptual street plan. The applicant
46
addressed the following items:
Key Haven Estates and Enchanted Isle Page 6 of I I Final Plat Approval
June 18, 2008
1
2
a. As outlined in the development agreement, Key Haven Estates, LTD
3
shall construct, own and maintain all new roads and signage; and
4
b. Design of roads must be provided to the County Engineer for
5
review; and
6
C. Updated cost estimates for road construction were provided.
7
8
A letter of coordination from the County Traffic Engineer, dated July 20,
9
2007, was received by the Department. A Right-of-way permit needs to be
10
obtained once final plat approval is granted.
11
12
6. CURBS AND GUTTERS, Section 9.5-302
13'
14
Cost estimates and construction drawings for curbs and gutters will be
15
required and shall be reviewed by the County Engineer prior to final plat
16
approval. The County Engineer received the final plat application packet.
17
18
7. EASEMENTS, Section 9.5-297
19
20
The applicant's final plat notes easements are to be dedicated to the public
21
for utilities or infrastructure, or to be retained for private use.
22
23
Any easements for public infrastructure such as roads, drainage and utility
24
lines, for example, shall be provided pursuant to Sections 9.5-88, 9.5-90, and
25
9.5-297 of the Monroe County Code.
26
27
8. LOTS, Section 9.5-299
28
29
Staff discussed sections of the Monroe County Code that apply to the
30
platting process. Particularly Section 9.5-83 (d) states that no plat shall be
31
approved which creates an unbuildable lot. The final plat notes and also
32
stated in Policy 101.19.2 of the Monroe County Year 2010 Comprehensive
33
Plan "Purchase of a platted lot shown hereon confers no right to build any
34
structure on such lot, nor to use the lot for any particular purpose, nor to
35
develop the lot. The development or use of each lot is subject to, and
36
restricted by, the goals, objectives, and policies of the adopted
37
comprehensive plan and land development regulations implementing the
38
plan; therefore, no building permit shall be issued by the County unless the
39
proposed development complies with the comprehensive plan and land
40
development regulations."
41
42
9. SETBACKS, Sections 9.5-349
43
44
The applicant has shown on the Enchanted Island final plat the agreed upon
45
setbacks from various shorelines and wetland areas as stipulated by Monroe
46
County staff. The setback areas stated in the BOCC Development
Key Haven Estates and Enchanted Isle Page 7 of t 1 Final Plat Approval
June 18, 2008
I Agreement, Resolution #85-2005 and in the Department of Community
2 Affairs instrument, Document #1508583, Book 2102, Page 1749.
3
4 10. TRAFFIC ANALYSIS, Section 9.5-426
5
6 A letter of coordination from the County Traffic Engineer was received by
7 the Department. A Traffic Analysis has been submitted to the Department,
8 dated January 2006, prepared by Transport Analysis Professionals, Inc from
9 Miami, Florida.
10
11 11. SIDEWALKS, Section 9.5-303
12
13 The applicant has provided cost estimates for the construction of sidewalks.
14
15 12. IMPROVEMENT GUARANTEES, Section 9.5-85
16
17 Improvement guarantees assure the installation of all required and
18 conditioned improvements as part of final plat approval. Unless the owner
19 can show that certain costs have already been paid, the applicant shall
20 guarantee the following minimum amounts:
21
22 a. Construction costs:
23 i. 130 percent of the estimated construction cost approved by
24 the County, or
25 ii. 10 percent of a binding contract with a contractor qualified
26 for the proposed work.
27 b. Owner's engineering and platting cost.
28 C. County engineering and inspection costs.
29 d. Pre -acceptance maintenance cost (10% of the construction cost).
30 e. Damage and nuisance guarantee (5% of the construction cost).
31
32 The tentative bond amount was approved by the Planning Commission in
33 Resolution P39-06. The bond format was approved from the Monroe
34 County Attorney to Edwin Swift IV in an email, dated August 2, 2007. A
35 Subdivision Bond, Bond No.: 5029935 was completed for the Bond
36 Safeguard Insurance Company for $5,492,519.51. A copy of a Power of
37 Attorney for the Bond Safeguard Insurance Company was notarized on
38 August 1, 2006.
39
40 The costs may be reviewed periodically for accuracy and are subject to
41 adjustment upward or downward based on existing economic conditions at
42 the time.
43
44 VIII. Compliance with the Monroe County Year 2010 Comprehensive Plan
45
Key Haven Estates and Enchanted Isle Page 8 of 11 Final Plat Approval
June 18, 2008
I Objective 101.19 of the Monroe County Year 2010 Comprehensive Plan shall not
2 approve a preliminary or final plat unless development of the plat would meet all of
3 the requirements of Monroe County's land development regulations including, but
4 not limited to, minimum area requirements for a single-family residence. Under no
5 circumstances shall Monroe County approve a plat which creates an unbuildable lot.
6
7 Policy 101.19.1 of the Monroe County Year 2010 Comprehensive Plan shall not
8 approve plats for residential use unless a review of the proposed plat shows that the
9 plat will meet all requirements of the comprehensive plan and land development
10 regulations.
11
Key Haven Estates and Enchanted Isle Page 9 of 11 Final Plat Approval
June 18, 2008
The applicant provided the following cost estimates:
Key Haven Estates Total
lt+ >b
Daaaiotlon
gyty
ymt
Unit Price
amount
1.01
Clean
1
LS
$125 000.00
$125 000.00
1.02
1 Earthwork
$0.00
Fill assumes 1.5 K over triangle area
25,900
CY
$35.00
$906 500.00
Grades
86,600
SY
$3.00
$259 800.00
1.03
Erosion Control
1
LS
$62,500.00
$62 500.00
1.04
Water Distribution CalculatedSeparately)
$294 005 M
1.05
lWastewater Collection System
Gra Sewer 8-Inch Pipe
1,884
LF
$75.00
$141 300.00
Service Laterals - 4 Inch
635
LF
$50.00
$31 750.00
Service Connection - 8 Inch x 4 Inch Wye
45
EA
$1 500.00
$67,500.00
Force Main
2 Inch Poly
2,8W
LF
$30.00
$84,000.00
4-Foot Manhole
10
EA
$7 500.00
$75 000.00
Cleanout and Cleanout Box
45
EA
$1 000 00
$45 000 00
Connect to Existing Sewer Main(Key Haven Terrace
1
EA
$3,000.00
$3,000.00
Grinder Pum \Litt Station
1
LS
$50 000.00
$50,000.00
Force in Connection to EAsting Manholes - 8 Inch
1
EA
$1,500 00
$1 500 00
1.06
Pavement
Base Course
8,874
SY
$20.00
$177,480.00
Surface Course -Type 3
8.874
SY
$20.00
$177,480.00
Trafric Striping
1
LS
$10,000.00
$10 000.00
1.07
Concrete
Curtis
Type D
5,550
LF
$22.00
$122 100.00
Sidewalks/Dmrewa 4" Thick
27,900
SF
$10.00
$279,000.00
1.08
Stormwater Mgt System
Storm Pipe in Place
1,225
LF
$75.00
$91,875.00
Storm
Inlets
46
EA
$5,000.00
$230 000.00
Baffle
Box and Injection Well
1
EA
$60 000.00
$60 000.00
Concrete
Endwall
60
EA
$1.5w.00
$90,000.00
Total of Unit Prices
384.00
790
General Conditions 6%
$203 087
Contiaency 5%
169 239.
Construction Cost
$3 757 116.
Guarantee
Construction Cost 130°k of the estimated construction cost
884 51.9
MEstimated
Owner's
Engineering and Platting Cost
$46 000 00
Coun
E ineenspection Costs
$5 060.00
Pre
acceptance maintenance cost 10% of the construction cost
$375,711.6
Da
and nuisance guarantee 5% of the construction cost
$187 855.
TOTAL
COST FOR GUARANTEE AMOUNT 1
$5 819.54
7/18/2007
Key Haven Estates and Enchanted Isle Page 10 of t 1 Final Plat Approval
June 18, 2008
1
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
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19
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22
23
24
25
26
27
28
29
30
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IX. RECOMMENDED ACTION
Planning Staff has proposed that the following conditions be attached to the Amendment
to the Final Plat application:
All public or private subdivision infrastructure improvements shall be guaranteed as per
the specifications of Section 9.5-85 of the LDRs, and such guarantees shall be approved
by the County Engineer, the County Attorney, and the Director of Planning after final
plat approval, but prior to issuance of permits to construct infrastructure. All
infrastructure development shall be completed within two (2) years of final plat approval.
Infrastructure improvements shall be consistent with, but not limited to, the provisions of
Sections 9.5-295 general requirements for site improvements, 9.5-293 streets, 9.5-297
easements, 9.5-298 blocks, 9.5-299 lots, 9.5-300 public sites and open spaces, 9.5-301
monuments, 9.5-302 curbs and gutters, 9.5-303 sidewalks, 9.5-304 installation of utilities
and driveways, 9.5-305 water supply and sanitary sewer service, 9.5-306 street names
and signs, 9.5-307 traffic control signs, and 9.5-293 (f) c. master drainage plan for
subdivisions of the LDRs.
The final approved plat shall be recorded within ninety (90) days pursuant to Section
9.5-91 of the LDRs.
X. PLANS REVIEWED
1 Title --_.._--_-_. _ _. _
g� _.- ___�_.__
Date Revised
Final Plat of Key Haven
._ __ _ _..
Frederick H. Hildebrandt
---__- ____ -
06/14/06 3/06/08'
and Enchanted Isle
5/29/08
Conceptual Water Plan
Richard J. Milelli, P.E.
01/31/06 12/21/06
Conceptual Sewer Plan
Richard J. Milelli, P.E.
01/31/06 12/21/06
Conceptual Drainage Plan
Richard J. Milelli, P.E.
01/31/06 12/21/06
XI. CONCLUSIONS OF LAW
Based on the above analysis and findings of fact, the proposed replat of
approximately 23 acres of land into 43 single-family residential lots and to create
two (2) commercial development lots consistent with the Monroe County Year
2010 Comprehensive Plan and the current Monroe County Code.
XIL RECOMMENDATION
Staff recommends approval to The Board of County Commissioners.
Key Haven Estates and Enchanted Isle
June 18, 2008
Page I 1 of I I
Final Plat Approval
v33
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