Item R13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Ma y 20, 2009
Bulk Item: Yes No X
Division: Growth Management
Department:
Staff Contact Person/Phone #: Andrew O. Trivette
Ext. 2517
AGENDA ITEM WORDING: A public hearing to consider a Development Agreement between
Monroe County and Calusa Campground Association, Inc.
ITEM BACKGROUND: Calusa Campground Association, Inc. is proposing a development
agreement providing for redevelopment options for the property and correction of Monroe County
Code violations.
PREVIOUS RELEVANT BOCC ACTION: At March 18, 2009 BOCC Meeting the Board
continued this item to the May 20, 2009 BOCC meeting per staff s request.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: n/a INDIRECT COST:
COST TO COUNTY: n/a
BUDGETED: Yes
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 1 /09
No
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Roman Gastesi, County Administrator
From: Andrew Omer Trivette,
Growth Management Director
Date: Tuesday May 5, 2009
RE: Calusa Campground Development Agreement Update
The intention of this memo is to provide additional background and update for the Board
of County Commissioners on the proposed development agreement for Calusa
Campground in Key Largo.
Calusa Campground is interested in constructing seasonal transient units at its location in
Key Largo. Monroe County code requires that a development agreement be entered into
prior to final development approval through a minor conditional use. Calusa
Campground submitted its application for a development agreement on July 2008. The
application has been considered by the DRC at a regularly scheduled meeting and by the
Planning Commission at two (2) regularly scheduled meetings. During the review and
consideration the agreement has been through several iterations to achieve clarity and
equity for all parties subject to the agreement. The current version has been approved by
the Calusa Campground Governing Board.
Presently only two (2) issues are outstanding regarding this proposal. The first is the issue
of access. Calusa Campground does not own the current access route from US 1. The
owner of this access is attempting to sell the property to Calusa while at the same time
threatening to limit the use of the access which closely resembles a boulevard. Alternate
access to the site would be via Harbor Drive which would place additional large vehicle
traffic on a small secondary, inadequate residential subdivision roadway. Currently, the
use of this property is the subject of litigation between the current property owners and
Calusa Campground. The County Attorney's Office has opined that this issue is
effectively resolved, while no judgment has been rendered by a court, and that it should
not affect the BOCC approval of the agreement. The next step in the development
process will be a minor conditional use which would require the access issue to be fully
and completely resolved prior to approval by the Planning Director.
The second issue is one of compatibility of a high density use with the surrounding
neighborhoods. This agreement does not propose nor does it allow an increase in density
for the Calusa site. The largest issue of concern is the joint use of a canal along the
southern property line of the Calusa property. This canal is shared by the full time
residents of Sunset Waterways Subdivision directly south of Calusa Campground as well
as the part time residents of Calusa Campground. This canal at its narrowest point is
approximately 20 feet in width.
The County has received numerous complaints from affected neighbors and would
propose the following remedies which could be added as BOCC requirements within the
proposed development agreement:
(1) Calusa Campground will fund the preparation and allow the installation of
signage along the subject canal front which states that the allowed dockage is not
to exceed 25% of the canal width and that dockage surrounding the existing boat
ramp is for loading and unloading only.
(2) Calusa shall not allow dockage along the narrowest portion of the canal and the
dock area shall be posted as such.
(3) Calusa Campground shall fund a constant patrol by a uniformed marine Sheriff s
deputy in the subject canal on all Federal holidays.
The development agreement may be amended with the above language at the direction
and approval by the BOCC. The development agreement would then be rendered to
Calusa Campground's Governing Board for their consideration and approval. If the
Calusa board rejects the amended language staff will seek further direction from the
BOCC at its next regularly scheduled meeting.
Please see attached Exhibits 1 and 2 for further clarification.
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: The Monroe County Board of County Commissioners
From: Joseph Haberman, Principal Planner
Susan Grimsley, Assistant County Attorney
Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources
Andrew Omer Trivette, Growth Management Division Director
Date: May 08, 2009
Subject: Request for a Development Agreement between Calusa Campground Condominium
Association Inc. and Monroe County concerning property located at 325 Calusa Street,
Key Largo, mile marker 101, having real estate numbers 00541810.000101-
00541810.000471
Meeting: May 20, 2009
I REQUEST:
A request for approval of a development agreement between Calusa Campground
Condominium Association Inc. and Monroe County in accordance with Ordinance No. 001-
2008. The proposed development agreement involves the conversion of existing transient
units into seasonal transient units and the resolution of many open code enforcement cases.
Location:
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Subject Property (outlined in blue), Key Largo (2004)
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Address: 325 Calusa Street, Key Largo, mile marker 101 (bayside)
Legal Description: Calusa Campground, Section 28, Township 61 South, Range 39 East
Real Estate (RE) Numbers: 00541810.000101-.000471; See Planning & Environmental
Resources Dept. file 28064 for full list
Applicant:
Property Owners: See Planning & Environmental Resources Dept. file 28064 for full list
Condominium Association: Calusa Campground Condominium Association Inc.
Agent: Santiago Echemendia & Amanda Quirke
II RELEVANT PRIOR COUNTY ACTIONS:
On August 19, 2005, a pre -application conference involving Planning & Environmental
Resources Department staff and representatives of the property owners was held to discuss
how the existing development could be brought into compliance with the Monroe County
Code. Based on the dialogue of the conference, a Letter of Understanding (LOU) was issued
on September 23, 2005. In the LOU, staff recognized the existence of 367 recreational
vehicle (RV) spaces on the subject property.
As of the date of this report, there were many open code enforcement cases on the subject
property as depicted in the development agreement exhibits.
The draft development agreement and site plan have been heard at the following venues:
Development Review Committee
October 21, 2008 - Public Meeting
Planning Commission
January 7, 2009 — Public Hearing
April 8, 2009 — Public Hearing
Board of County Commissioners
March 18, 2009 — Public Hearing
III BACKGROUND INFORMATION:
A. Total Size of Parcel: 28.34 acres
B. Land Use District: Partially Recreational Vehicle (RV) & Partially Native Area (NA)
C. Future Land Use Map (FLUM) Designation: Partially Mixed Use/Commercial (MC) &
Partially Residential Conservation (RC)
D. Tier Designation: Tier 3
E. Flood Zones: Partially VE — EL 13, VE — EL 12, AE — EL 10 & AE — EL 9
F. Existing Use: RV Park
G. Existing Vegetation / Habitat: Developed with area of mangroves along the northwestern
property line
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H. Community Character of Immediate Vicinity: Mixed Use; residential to the north and
south and commercial to the southeast
IV REVIEW OF APPLICATION:
The proposed development agreement involves the conversion of existing, lawfully -
established RV spaces into seasonal transient units.
Ordinance No. 001-2008 was passed and adopted by the Board of County Commissioners
(BOCC) on January 16, 2008. The ordinance established new definitions for seasonal
residential unit, transient residential unit and transient recreational vehicle unit; amended the
purpose of the RV District; and amended the permitted uses of the RV District.
Now as defined in MCC §9.5-4, a seasonal residential unit is a transient residential unit with
one or more rooms, toilet facilities and kitchen physically arranged to create a housekeeping
establishment for occupancy by one family, with tenancies not to exceed 180 consecutive
days. A transient residential unit means a dwelling unit used for transient housing such as
hotel or motel room, seasonal recreational unit, or space for parking a RV or travel trailer.
Pursuant to the amended MCC §9.5-244(b), in the RV District, seasonal residential units may
be approved with a development agreement and a minor conditional use permit, provided
that:
a) All units within the RV District shall be subject to the terms and conditions of a
development agreement as defined in MCC §9.5-101, 9.5-102 and 9.5-244(b)(2): In
compliance following approval of development agreement by the BOCC.
The applicant has prepared a draft development agreement. The County may enter into
development agreements that meet the requirements of the Florida Local Government
Development Agreement Act, sections 163.3220-163.3243, Florida Statutes.
b) The units meet all land development regulations, floodplain management regulations,
building code and life safety requirements for the development of transient structures: In
compliance following approval of development agreement by the BOCC and execution of
the below described permitting plan (phasing) provided within development agreement.
There are many open code enforcement cases on the subject property. The development
agreement provides a schedule and permitting plan to address the pending violations, by
setting forth timelines to acquire after -the -fact permits and complete other corrective
actions. The development agreement also provides assurance that all future structures
will be built in compliance with the current land development regulations.
c) The development of seasonal residential units shall occur only in gated RV parks with a
managing entity responsible for evacuations: In compliance.
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The subject property is currently gated and will remain gated. In addition, the
development agreement states that there will be a managing entity responsible for the
evacuation and provides a written evacuation plan (Exhibit G).
d) The proposed site is subject to an approved development agreement with Monroe County
detailing at a minimum i) all proposed transitional RV units, ii) a proposed site plan; iii) a
design strategy demonstrating separation of transient unit types on the property for life
safety as well as design that is consistent with community character, and any applicable
Monroe County guidelines; iv) a statement of commitment for the park to adhere to
transient evacuation regulations; v) a phasing plan, as appropriate, detailing timelines for
project completion; vi) access to US 1 is by way of an existing curb cut, a signalized
intersection or a curb cut that is separated from any other curb cut on the same side of US
1 by at least 400 feet: In compliance.
The proposed development agreement initially involved the conversion of 284 of the 367
existing, lawfully -established RV spaces into seasonal transient units (83 RV spaces
remaining on -site). At the October 21, 2008 DRC meeting, the applicant indicated that
additional RV space owners have shown interest in converting to seasonal transient units.
The latest draft of the agreement includes a plan which indicates that 348 of the 367 units
plan to convert to seasonal transient (19 remaining RV).
The applicant submitted a proposed site plan which documents the interior parcels where
each of the seasonal transient units (identified as transitional RV units) and remaining RV
units would be located.
The applicant submitted a design strategy within the development agreement, which
includes mandatory setback, open space and fire hydrant requirements to address the life
and safety concerns. In addition, the applicant submitted renderings and other visual
information showing how the development would appear when finalized.
The applicant submitted a statement of commitment to adhere to transient evacuation
regulations.
The applicant submitted a phasing plan detailing timelines for project completion.
There is currently access to and from the site from US 1 by way of an existing curb cut.
Campground Condominium Association Inc. is currently in litigation concerning the
access easement and it appears that access will continue to be allowed as indicated in the
legal documents. Staff has found that in the event there is not direct access from the
existing drive, a breach of the development agreement would be constituted.
Pursuant to MCC §9.5-102, the BOCC shall have authority to enter into a development
agreement by resolution with any person having a legal or equitable interest in real property
located within the unincorporated area of Monroe County if the development agreement
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meets all of the requirements of the Florida Local Government Development Agreement Act,
section 163.3220-163.3243, Florida Statutes; provided, however, that the duration of the
development agreement shall not exceed 10 years, and any duration specified in a
development agreement shall supersede any conflicting duration otherwise specified in the
land development regulations.
Pursuant to section 163.3227, Florida Statutes, a development agreement shall include the
following:
a) A legal description of the land subject to the agreement, and the names of its legal and
equitable owners: In compliance.
The applicant submitted a survey and legal description as part of the draft development
agreement (Exhibit A).
The applicant refers to the legal and equitable owners in the development agreement as
Calusa Campground Condominium Association, Inc. A Declaration of Condominium
(filed and recorded on July 29, 1999) and the names of all current property owners are
included in the application.
b) The duration of the agreement: In compliance.
The draft development agreement states that the agreement shall remain in effect for 10
years from the effective date.
c) The development uses permitted on the land, including population densities, and building
intensities and height: In compliance.
The site currently has 367 RV spaces. Although most of the units shall be converted to
seasonal transient units, the density of the site shall remain the same under the transient
residential density requirements:
As long as the accessory buildings on the site contribute to the comfort, convenience or
necessity of occupants of the principal use or structure served, their floor area shall be
considered for accessory uses to a principal residential use and not subject to the floor
area ratio calculations.
d) A description of public facilities that will service the development, including who shall
provide such facilities; the date any new facilities, if needed, will be constructed; and a
schedule to assure public facilities are available concurrent with the impacts of the
development: In compliance.
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The draft development agreement provides a description of public facilities that will
service the development, including who shall provide such facilities.
e) A description of any reservation or dedication of land for public purposes: In
compliance.
The development agreement does not provide for any reservation or dedication of land
for public purposes.
f) A description of all local development permits approved or needed to be approved for the
development of the land: In compliance.
In addition, the applicant shall be required to receive approval for a minor conditional use
permit prior to any redevelopment or conversion of RV spaces to seasonal transient units.
Subsequent building permits shall be required as determined by the Director of Planning
& Environmental Resources and Building Official.
g) A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations: In compliance.
This development agreement is consistent with the Monroe County Year 2010
Comprehensive Plan, the Key Largo Livable CommuniKeys Plan and the purpose and
permitted uses of the RV District within the land development regulations. The applicant
shall be required to submit an application for a minor conditional use permit and undergo
the conditional use approval process in order for staff to determine compliance with the
land development regulations.
h) A description of any conditions, terms, restrictions, or other requirements determined to
be necessary by the local government for the public health, safety, or welfare of its
citizens: In compliance.
The applicant shall be required to receive building permits to improve or demolish unsafe
structures in accordance with the permitting plan. An evacuation plan has also been
provided.
i) A statement indicating that the failure of the agreement to address a particular permit,
condition, term, or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements, conditions, term, or
restriction: In compliance.
The draft development agreement provides language for enforcement and severability.
V RECOMMENDATION:
Staff recommends APPROVAL if all the following conditions are met:
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A. This development agreement is in addition to all other local development permits or
approvals required by the land development regulations. Further, it does not relieve
the developer of the necessity of complying with all land development regulations in
effect on the date that the agreement is executed.
B. As indicated on the site plan, the approved "seasonal transient units" may not be
converted back into "transient units", including RV spaces, and the remaining
"transient units" may not be converted into "seasonal transient units" without
approval of the Growth Management Division as detailed in the development
agreement.
C. A building permit application for the conversion and construction of each of the
approved seasonal transient units shall be submitted to the Building Department by
the termination date of the development agreement. In the event that a building
permit application is not submitted for a lot approved for a seasonal transient unit by
that date, the lot shall remain entitled to a RV space and may no longer convert to a
seasonal transient unit without an additional development agreement and an
amendment to the site's minor conditional use permit.
VI PLANS REVIEWED:
A. Site Plan (revised) by J. Bonfill & Associates, Inc., dated July 24, 2008 revised March
26, 2009 and sealed April 30, 2009;
B. Site Plan (revised) by J. Bonfill & Associates, Inc., dated July 24, 2008, revised October
23, 2008 and unsealed;
C. Site Plan (submitted w/ application) by J. Bonfill & Associates, Inc., dated July 24, 2008
and sealed July 24, 2008;
D. Boundary Survey by General Services Group, Inc., dated May 4, 2001
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (Agreement) is entered into on the day
of , 2009, by and between MONROE COUNTY, a political subdivision of the
State of Florida (Monroe County), and CALUSA CAMPGROUND CONDOMINIUM
ASSOCIATION, INC.(the Association).
WITNESSETH:
The parties hereby agree as follows:
I. RECITALS:
A. The Association operates the land condominium known as Calusa Campground
Condominium ("Calusa") located in Key Largo, Monroe County, Florida, at mile marker 101 of
US Highway 1 fronting on the bay side (the "Property"), the legal description of which is
contained in Exhibit A — Survey of the Calusa Campground Property, attached hereto and made a
part hereof (the "Survey").
B. The Association has the authority to enter into this Agreement through Florida Statutes
Chapter 718 and the Declaration of Condominium for Calusa.
C. Calusa is a gated RV park with a full time staff managed by the Association
("Association Staff') responsible for evacuation.
D. Calusa consists of three hundred sixty-seven (367) Condominium Units (the
"Condominium Units") as shown in the survey attached hereto as Exhibit A, and which are duly
recognized by Monroe County according to the Settlement Agreement which is attached hereto
as Exhibit B.
E. Calusa includes sites for recreational vehicles, together with accessory uses and
structures including 485 linear feet of common area docking area and 72 docks assigned to
specific units, marina building, boat ramp, boat trailer parking, tennis courts, basketball courts,
recreation building, pool and bath houses, open space, wastewater treatment facility,
maintenance building, common area meeting building, and administrative offices (hereinafter
collectively referred to as the "Accessory Facilities").
F. The Monroe County 2010 Comprehensive Plan designates all the parcels of the
Property as "Mixed Use/Commercial" on its Future Land Use Map.
G. Monroe County has duly adopted Ordinance No. 001-2008, attached hereto as Exhibit
C,. which permits seasonal residential units in the Recreational Vehicle Zoning District in
ac8'ordance with an approved development agreement.
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H. Exhibit D contains an agreed upon comprehensive listing including (1) any alleged
code enforcement violations in Calusa pending as of the date of this Agreement; and (2) the
after -the -fact permits required to resolve the code enforcement violations ("After -the -fact
Permits").
I. A list of the alleged code violations which are Life, Safety, or Fire related, is attached
hereto as Exhibit E (the "Safety violations").
J. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into agreements
with landowners and/or governmental agencies to encourage a stronger commitment to
comprehensive and capital facilities planning, ensure the provision of adequate public facilities
for development, encourage the efficient use of resources, and reduce the economic cost of
development.
K.This Agreement, among other things, is intended to and shall constitute a development
agreement among the parties pursuant to the Florida Local Government Development Agreement
Act, Section 163.3223, et seq., Florida Statutes.
L.Both Monroe County and The Association recognize that the public noticing and
hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings
beforethe Planning Commission and the Board of County Commissioners for consideration of a
Development Agreement.
M. Monroe County finds that entering into this Agreement furthers the purposes, goals,
objectives, and policies of the Monroe County Year 2010 Comprehensive Plan (the
"Comprehensive Plan"), which contains objectives and policies that seek to reduce the frequency
of uses inconsistent with the Land Development Regulations and the Future Land Use Map
(Objective 101.8).
11.PURPOSES
The purposes of this Agreement are as follows:
A. To agree on a program of remedial actions and condominium improvements to
achieve compliance for all three hundred sixty-seven (367) Condominium Units
with the requirements of the Monroe County Code and the RV zoning district, as
amended by Ordinance 001-2008.
B. To allow Calusa to retain, pursuant to the terms of this Agreement, the legally
existing, non -conforming, conforming, or accessory structures, established or in
existence on the property on the date of the execution of this Agreement, except
as otherwise set forth in Section (II)(C).
C. To require applications for after -the -fact permits to resolve the Code Enforcement
and Safety Violations set forth in Exhibits D and E.
D. To allow for the continued existence of the Accessory Facilities as conforming
accessory uses.
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III. AGREEMENT REQUIREMENTS
The parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes,
as to the form and content of this Agreement and in accordance therewith set forth and agree to
the following:
A. Legal Description and Ownership. The legal description for the Property subject
to this Agreement is set forth in Exhibit A. This Property is subject to
condominium ownership, in accordance with the Declaration of Condominium
and all amendments thereto, which have been filed in the Official Records of
Monroe County at OR Book 1589 Pg 476; OR Book 2003 Pg 2473. Calusa Street
is a private road and provides access to US-1. If a judicial determination is made
that Calusa may not utilize Calusa Street for access to US-1, this Agreement will
be subject to amendment to ensure Calusa maintains access to US-1.
B. Duration of Agreement. This Agreement shall remain in effect for ten (10)
years from the the effective date as defined herein, and may be extended by
mutual consent of the parties and approval at a public hearing, in accordance with
Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the
parties agree that any development shall comply with and be controlled by this
Agreement, the Monroe County Code, and the Comprehensive Plan governing the
development of the land in effect on the date of execution of this Agreement, in
accordance with Section 163.3220, Florida Statutes.
C. Permitted Uses.
1. In accordance with this Agreement and with the Recreational Vehicle
Zoning district, as amended by Ordinance 001-2008, the permitted uses
for Calusa include:
a. Recreational vehicles, as defined in Monroe County Code Section
9.5-4(R-6);
b. Accessory buildings and structures for each site including, but not
limited to, screen rooms, sheds, carports, and other structures as
permitted by Monroe County.
C. Accessory Facilities as shown on Exhibit A
d. Attached or detached seasonal residential units as a minor
conditional use in conjunction with a development agreement.
2. The unit density is 13 units per gross acre for the 367 lawfully established
Condominium Units.
3. Total acreage of the site is 28.34 acres.
D. Public Facilities. There are no impacts on public facilities, since the number of
lawfully existing units is not increased by approval and application of this
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Agreement. However, nothing in this Agreement shall be construed to prohibit an
increase in the number of units through future development approvals.
1. The Florida Keys Aqueduct Authority provides domestic potable water to
the Property. The water is metered by one meter for Calusa, and
individual sub -meters which are for internal use only. After completion of
the wastewater project, each unit will be individually metered by the
Florida Keys Aqueduct Authority.
2. Electric service is provided by Florida Keys Electric Cooperative to the
Property, and each unit is individually metered.
3. Solid waste service is provided to the Property by a solid waste collection
system franchised by Monroe County.
4. Calusa shall provide wastewater, treatment and sewage collection and
disposal to the Property via onsite systems, which will be upgraded to
2010 standards as may be required by law if no community wide system is
available by 2010.
5. Calusa shall coordinate with the County to install fire hydrants every 500
feet along the roadways for fire protection for the Campground Property.
E. Reservation or Dedication of Land. There is no reservation or dedication of
land for public purpose contemplated by this Agreement.
F. Transitional Recreational Vehicle Units. The Site Plan, attached as Exhibit F,
depicts the Condominium Units that are designated transitional recreational
vehicle units. All Condominium Units which are not designated transitional
recreational vehicle units on the Site Plan are permitted to use the site as an RV
space, provided the Recreational Vehicle meets all requirements of the Monroe
County Code, including road readiness. All condominium sites which are
designated for transitional recreational vehicle units will be permitted to use the
site as an RV space in accordance with all requirements of the Monroe County
Code, until the site is developed as a seasonal residential unit.
G. Legal Non -Conformities.
1. All structures permitted pursuant to the Recreational Vehicle Zoning
district, as amended by Ordinance 001-2008, or otherwise permitted by
Monroe County shall be deemed legal as of the date of this Agreement.
Except for the After -the -fact Permits set forth in Exhibit D and the
corrective actions required by Exhibit E, no further permits shall be
required for the structures as those structures exist on the effective date of
this Agreement.
2. All other existing structures on the Property as of the date of this
Agreement are deemed legally non -conforming.
3. All permits required to address the existing code enforcement violations
are set forth in Exhibits D and E, and no additional permits shall be
necessary to address the existing code enforcement violations as of the
date of this Agreement. All structures which are the subject of the After -
the -fact Permits set forth in Exhibits D and E shall be deemed legal by the
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issuance of the permits as set forth in this Agreement after passing
inspection.
4. Monroe County shall voluntarily dismiss all code enforcement violations
for Calusa pending in Monroe County as of the date of this Agreement
after the owners are in compliance. Subsequent code enforcement action
for the same violations addressed in Exhibit D and through the terms of
this Agreement shall be barred unless the owner has a subsequent
violation.
H. Development Standards. The following development standards shall only apply
to Condominium Units which are converted to permanent structures in accordance
with this Agreement:
1. The Development Plan shall insure that the configuration of manufactured
homes meets the separation requirement of NFPA 501A - Standard for
Fire Safety Criteria for Manufactured Home Installations, Sites and
Communities.
2. Building height for all permanent structures shall be limited to 35 ft. from
established grade.
3. Shoreline Setback for all permanent structures shall be 10 ft from the
Mean High Water line for all altered and unaltered shorelines on the
Property.
4. The setbacks for all permanent structures, measured from the lot line to
the drip edge, shall be as follows:
a. Interior Side Setback - 5 feet
b. Exterior side setback shall be the lesser of
(i) 5 feet or
(ii) the minimum distance to comply with all sight triangle
requirements of the Monroe County Zoning Code.
C. Front Setback shall be the lesser of
(i) 5 feet or
(ii) the minimum distance to comply with all sight triangle
requirements of the Monroe County Zoning Code.
d. Rear Setback - 5 feet
e. All setbacks for the perimeter of the Campground Property shall
not be less than 5 feet.
5. Impervious lot coverage shall be limited to 80% of the Condominium Unit
lot area.
6. All habitable permanent structures constructed after the effective date of
this Agreement shall be elevated to the base flood elevation.
I. Permitting Plan.
1. All after -the -fact applications to address the Safety violations set forth in
Exhibit E shall be submitted within 90 days of the approval of the minor
conditional use for seasonal residential units.
5
2. All other applications for permits required in Exhibit D shall be submitted
within 180 days of the approval of the minor conditional use for seasonal
residential units. An application for a building permit for a new seasonal
residential unit filed within 180 days of the approval of the minor
conditional use for seasonal residential units, which includes the corrective
action required for the after -the -fact permits listed in Exhibit D, shall
satisfy this section. If demolition or removal of non -conforming structures
is required for a building permit for a seasonal residential unit mentioned
above, the demolition permit shall be applied for at the same time, and
shall be completed within 180 days of issuance.
3. All Permits required for roads, fire suppression, storm water, landscaping,
utility relocations, and other community facilities or improvements shall
be applied for by The Association or its individual unit owners, pursuant
to this Agreement.
4. In regard to the submittal of permit applications to bring lots into
compliance, both parties recognize that the time requirements under the
Florida Building Code for the processing of permit applications by
Monroe County's Building Department may be extended in accordance
with the Florida Building Code, in order to allow Monroe County staff
sufficient time to properly review and approve all applications required
by this Agreement; and, to provide greater flexibility to The Association
and its individual unit owners in meeting the compliance schedule.
5. Park Models
a. Owners of Park Models designated as transitional recreational
vehicle units on the attached site plan Exhibit F shall be required
within the term of this Agreement to either
(i) install the park model as a permanent structure in
accordance with local, state, and federal law, and meet all
requirements of the Monroe County Code and Building
Code, and Section H of this Development Agreement; or
(ii) construct a permanent structure in accordance with the
terms of this Agreement.
b. During the term of this Agreement, all park models designated as
transitional recreational vehicle units shall either
(i) be tied down in accordance with Monroe County Code and
Building Code provisions for such structures within 90
days of the approval of the minor conditional use for
seasonal residential units, until such time as they become
permanent structures; or
(ii) meet all road ready requirements of the Monroe County
Code until such time as the unit becomes a permanent
structure.
0
C. A Park Model will not be considered a permanent structure until
the Park Model is installed in accordance with local, state, and
federal law, and meets all requirements of the Monroe County
Code and Building Code, and Section H of this Development
Agreement.
d. A Park Model not designated as a transitional recreational vehicle
unit shall comply with the road ready requirements of the Monroe
County Code at all times.
5. 180 Day Rule.
a. All Condominium Units will be maintained as transient units.
b. All occupants of the Campground Property will be required to
evacuate in accordance with a Visitor Evacuation Order issued by
Monroe County.
C. No person shall occupy the Campground Property for more than
180 consecutive days.
d. The following will be required to be removed from the
Campground Property for at least one (1) day every 180 days, such
that the following shall not occupy the Campground Property for
more than 180 consecutive days and must evacuate when a Visitor
Evacuation order is issued by Monroe County:
(i) RVs
(ii) Park Models which are not tied down in accordance with
local and state law, and in accordance with the terms of this
Agreement.
e. The following structures will not be required to be removed from
the Campground Property every 180 days, nor shall the structures
be required to be removed in the event of a Visitor Evacuation
Order:
(i) Permanent structures constructed in accordance with local,
state, and federal law, and pursuant to the terms of this
Agreement.
(ii) Park Models designated as transitional recreational vehicle
units which are tied down in accordance with local, state,
and federal law, the Monroe County Code and Building
Code, during the term of this Agreement or until there is a
permanent structure on the site.
7. All Condominium Units designated transitional recreational vehicle units
shall obtain a building permit to construct the permanent structure within
7
ten (10) years of the Effective Date of this Agreement. Prior to conversion
to a permanent structure, the unit shall be used as an RV space in
accordance with all requirements of the Monroe County Code, or as
otherwise provided in this Agreement.
8. If the seasonal transient units are not constructed within ten years, the
condominium units shall remain as RV sites.
J. Vesting and Compliance Policies. The following are the policies and standards
for the vesting of certain improvements and compliance actions that govern the
specific compliance actions required and which shall be followed in implementing
the terms and conditions of this agreement:
1. The Monroe County Land Development Regulations in effect on the
effective date of this Agreement shall apply to Calusa, except as otherwise
provided for in this Agreement.
2. Lot owners delinquent on payment of the Monroe County license tax
pursuant to Section 320.08 Florida Statutes, shall be required to pay in full any
outstanding balance and delinquent fees to the Monroe County Office of Tax
Collector prior to issuance of any permit under this Agreement and shall provide
proof of payment to the County with the permit application.
K. Evacuation. Calusa shall be construed as a community of transient units for
purposes of evacuation orders, and shall be required to evacuate in accordance
with the directives issued for transient units. The Association Staff of Calusa
shall ensure strict compliance with all evacuation orders issued by Monroe
County. The Evacuation Plan, attached as Exhibit G, shall be added to the Rules
and Regulations of Calusa within 30 days of the effective date of this Agreement.
This provision shall survive the expiration or termination of this Agreement.
L. Impact and After the Fact Building Permit Fees. Application for permits in
accordance with this Agreement shall not be construed to require additional
impact fees. However, all permit fees shall be due for after -the -fact permits as set
forth in Exhibits D and E.
M. Finding of Consistency. By entering into this Agreement, Monroe County finds
that the development permitted or proposed herein is consistent with and furthers
Monroe County's Comprehensive Plan and Land Development Regulations.
N. Breach, Amendment, Enforcement, and Termination. This Agreement shall
be adopted by the Association as an amendment to the Declaration of
Condominium for Calusa before the public hearing before the Monroe County
Board of County Commissioners. Exclusive of any others except those imposed
by law, the following additional conditions, terms, restrictions, or other
requirements are also determined by the parties to be necessary for the execution
and enforcement of this Agreement:
0
1. Material Breach. A material breach by the Association occurs if more
than 50% of the Condominium Units are not in compliance with the terms
of this Agreement, and the Association has not initiated enforcement
action in accordance with Chapter 718 of the Florida Statutes and the
Declaration of Condominium for Calusa against 100% of the
Condominium Units not in compliance with this Agreement within 270
days of the effective date of this Agreement. A material breach by
Monroe County occurs upon Monroe County's failure to comply with the
terms of this Agreement after Notice as provided in Subsection 2.
2. Notice. Upon either parry's material breach of the terms and conditions of
this Agreement, the other party shall serve written notice on and shall
provide the opportunity, within ninety (90) days, to propose a method of
fulfilling the Agreement's terms and conditions or curing the breach. Both
parties shall be provided an additional 90 days to cure the material breach
or to negotiate an amendment to this Agreement within a reasonable time,
as mutually agreed to by the Parties.
3. Code Enforcement. If an individual unit fails to obtain the After -the -fact
Permits as set forth in Exhibits D and E, the County shall have the right to
pursue code enforcement action against the individual unit for the
violations set forth in Exhibits D and E. Such failure by an individual unit
to obtain After -the -fact Permits as set forth in Exhibits D and E shall not
constitute a breach of this Agreement, but shall only entitle the County to
pursue code enforcement action against the individual unit for the
violations set forth in Exhibits D and E:
4. Amendment or Termination. The parties hereto shall at all times adhere to
the terms and conditions of this Agreement. Amendment, termination,
extension, or revocation of this Agreement shall be made in accordance
with the notification and procedural requirements set forth herein.
(a) Amendments to this Agreement shall subject Calusa to the laws
and policies in effect at the time of the amendment only if the
conditions of Section 163.3233(2), Florida Statutes, are met.
(b) No modifications, extensions, amendments, or alterations of the
terms or conditions contained herein shall be effective unless
contained in a written document approved and executed by
Monroe County and The Association.
(c) Amendment or termination shall require at least two (2) public
hearings. The hearings shall be held pursuant to an application
filed with Monroe County by the party seeking to amend or
terminate this Agreement, along with the requisite filing fee.
Notice of public hearing shall be in accordance with Monroe
County ordinances and Florida Statutes.
IN
(i) If a unit owner applies to change their individual unit
designation, the unit owner shall submit a new site plan reflecting
the change in designation, together with a filing fee of $1,768.00,
or such other fee in effect for a minor deviation at the time of the
application for minor deviation.
(ii) If ten (10) or more unit owners apply to change their
individual unit designations, an amendment to the minor
conditional use will be required. A revised site plan reflecting the
change in designations, together with a fee of $8484.00, or such
other fee in effect at the time of application for an amendment to
the minor conditional use.
5. Enforcement.
(a) After notice and an opportunity to respond and/or cure the material
breach as provided herein, the parties may enforce the terms of this
Agreement in a court of competent jurisdiction, or any other
remedy at law or in equity. In addition, Monroe County may
utilize appropriate code enforcement remedies to cure any breach
after notice and an opportunity to cure as provided herein. This
does not waive the right of Monroe County to pursue individual
code violation cases
(b) Monroe County, The Association, their successors or assigns, or
any aggrieved or any adversely affected person as defined in
Section 163.3215(2), Florida Statutes, may file an action for
injunctive relief in the Circuit Court of Monroe County to enforce
the terms of this Agreement or to challenge compliance with the
provisions of Sections 163.3243, Florida Statutes.
(c) Nothing contained herein shall limit any other powers, rights, or
remedies that either party has, or may have in the future, to enforce
the terms of this Agreement.
O. State and Federal Law. If State or Federal laws enacted after the effective date
of this Agreement preclude any party's compliance with the terms of this
Agreement, this Agreement shall be modified as is necessary to comply with the
relevant State or Federal laws; however, this Agreement shall not be construed to
waive or supersede any contention under law that The Association and/or its
individual unit owners has acquired vested rights under prior law.
P. Compliance with Other Laws. The failure of this Agreement to address a
particular permit, condition, term, or restriction shall not relieve The Association
and/or its unit owners of the necessity of complying with the laws governing said
permitting requirements, conditions, terms or restrictions.
Q. Reservation of Rights. This Agreement shall not affect any rights which may
have accrued to any party to this Agreement under applicable law. Each of the
County and The Association reserves any and all such rights. All approvals
10
referenced in this Agreement are subordinate to compliance with all applicable
laws, codes, and land development regulations and permits, except to the extent
otherwise provided for in this Agreement.
R. No Permit. This Agreement is not and shall not be construed as a Development
Permit, Development Approval or authorization to commence development, nor
shall it relieve The Association of the obligations to obtain necessary
Development Approvals that are required under applicable law and under and
pursuant to the terms of this Agreement and Monroe County Code.
S. Good Faith; Further Assurances; No Cost. The parties to this Agreement have
negotiated in good faith. It is the intent and agreement of the parties that they
shall cooperate with each other in good faith to effectuate the purposes and intent
of, and to satisfy their obligations under, this Agreement in order to secure to
themselves the mutual benefits created under this Agreement. The parties agree
to execute such further documents as may be reasonably necessary to effectuate
the provisions of this Agreement; provided that the foregoing shall in no way be
deemed to inhibit, restrict or require the exercise of the County's police power or
actions of the County when acting in a quasi-judicial capacity. Wherever in this
Agreement a provision requires cooperation, good faith or similar effort to be
undertaken at no cost to a party, the party co-operating, reviewing or undertaking
the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or
proceedings and comment and/or execution of documents, inclusive of the
expense of its counsel.
T. Successors and Assigns. This Agreement shall constitute a covenant running
with the land, which shall be binding upon the parties hereto, their successors in
interest, heirs, assigns, and personal representatives.
U. Joint Preparation. This Agreement has been drafted with the participation of the
County and Applicant and their counsel, and shall not be construed against any
party on account of draftsmanship. The captions of each article, section and
subsection contained in this Agreement are for ease of reference only and shall
not affect the interpretational meaning of this Agreement. Whenever the term
"included" is used in this Agreement, it shall mean that the included items, or
terms are included without limitation as to any other items or terms which may
fall within the listed category.
V. Notices. All notices, demands, requests, or replies provided for or permitted by
this Agreement shall be in writing and may be delivered by any one of the
following methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as Certified or Registered mail, return receipt requested, postage
prepaid, to the addresses stated below; or (c) by deposit with an overnight express
delivery service with proof of receipt. Notice shall be deemed effective upon
receipt. For purposes of notice, demand, request, or replies:
11
The address of Monroe County shall be:
County Administrator
1100 Simonton Street
Room 2-205
Key West, Florida 33040
with a copy to
Assistant County Attorney
PO BOX 1026
Key West, FL 33041
or
1111 12 th Street Suite 408
Key West, Florida 33040
The address of Calusa Campground Condominium Association, Inc. shall
be:
Manuel Lopez, President
Calusa Campground Condominium Association, Inc.
325 Calusa Street
Key Largo, Florida 33037
with a copy to
Santiago D. Echemendia, Esq.
Tew Cardenas, LLP
1441 Brickell Avenue
Four Seasons Tower, 15`h Floor
Miami, Florida 33131-3407
It is the responsibility of the parties to notify all parties of change in name or
address for proper notice.
W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefore, riot, civil commotion, fire or other casualty and other causes
beyond the reasonable control of the party obligated to perform, excluding the
financial inability of such party to perform and excluding delays resulting from
appeals or rehearing, shall excuse the performance by such party for a period
equal to any such period of prevention, delay or stoppage. In order to avail itself
of this force majeure provision, the party invoking the same shall provide the
other party with a written notice that shall consist of a recitation of all events that
constitute force majeure events under this Section, together with the beginning
and ending dates of such events.
12
X. Construction.
1. This Agreement shall be construed in accordance and with the laws of the
State of Florida. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof, and, accordingly, this
Agreement shall not be more strictly construed against any one of the
parties hereto.
2. In construing this Agreement, the use of any gender shall include every
other and all genders, and captions and section and paragraph headings
shall be disregarded.
All of the exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
Y. Omissions. The parties hereto recognize and agree that the failure of this
Agreement to address a particular permit, condition, terms, or restriction shall not
relieve either party of the necessity of complying with the law governing said
permitting requirements, conditions, term, or restriction notwithstanding any such
omission.
Z. Jurisdiction and Governing Law. The parties hereto agree that any and all suits
or actions at law shall be brought in Monroe County, Florida, and no other
jurisdiction. This Agreement shall be construed and interpreted under the laws of
the State of Florida. This Agreement is not subject to arbitration.
AA. Litigation. In the event of any litigation between the parties under this
Agreement for a breach hereof, the prevailing party shall be entitled to attorney's
fees and costs through the conclusion of any appellate proceedings.
BB. Time of Essence. Time shall be of the essence for each and every provision
hereof.
CC. Entire Agreement. This Agreement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with
respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herein. This Agreement may
not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought and subject
to the requirements for the amendment of development agreements in the Act.
DD. Counterparts. This Agreement may be executed in one or more counterparts, and
by the different parties hereto in separate counterparts, each of which when
executed shall be deemed to be an original but all of which taken together shall
constitute one and the same agreement.
13
EE. Recording. Monroe County shall record this Agreement with the Clerk of the
Circuit Court of Monroe County within fourteen (14) days following signature by
all parties. The Association agrees that it shall be responsible for all recording
fees and other related fees and costs related to the recording and delivery of this
Agreement as described in this section. The provisions hereof shall remain in full
force and effect during the term hereof and shall be binding upon all successors in
interest to the parties to this Agreement. Whenever an extension of any deadline
is permitted or provided for under the terms of this Agreement, at the request of
either party, the other parties shall join in a short -form recordable memorandum
confirming such extension that shall be recorded in the Public Records of Monroe
County.
FF. Conflicting Resolutions. All resolutions or parts thereof in conflict with the
provisions of this Agreement and its resolution are hereby repealed to the extent
of such conflict.
GG. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under any applicable law or regulation, such provisions shall be
inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid;
however, the remainder here shall not be invalidated thereby and shall be given
full force and effect.
HH. Effective Date. The effective date of this Agreement is 30 days after the duly
signed and recorded Agreement is received by the Florida Department of
Community Affairs pursuant to Chapter 380, Fla. Statutes.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year below written.
Signed, sealed, and delivered
in the presen f:
Jos rRoe Diaz
CALUSA CAMPGROUND
CONDOMINIUM ASSOCIATION, INC.
By:
Manuel Lopez
Title: President
Dated: ?7'?)_99
Tl�e foregoing ' trument w s acknowledged before me
2009, by a6 P Z,He/she i
or roduced
not take an oath. 1
day of
n to rye
14
[Signatures continue on next page]
ATTEST: DANNY KOLHAGE, CLERK
DEPUTY CLERK
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
MAYOR
MONROE COUNTY TTORNEY
APPR ED A FORM
D te:
15
Exhibit A- As Built survey and Legal Description
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LEGAL DESCRIPTION
PARCEL A Lots 2, 3, and 4, -in Section 28, Township 61 South, Range 39 East, m
MODEL LAND COMPANY'S PLAT, according to the Plat thereof, as H bV
recorded in Plat Book 1, at Page 68, of the Public Records of Monroe 0
County, Florida. F'
AND W
rom
PARCEL B Lots 15 through 21, inclusive, Block 3, SUNSET WATERWAYS, (�
according to the Plat thereof, as recorded in Plat Book 4, at Page 31, of
the Public Records of Monroe County, Florida.
Ol
AND
PARCEL C On the Island of Key Largo and being all that part of Lot 1, of section 28
Township 61 South, Range 39 East, lying North of a 20 foot road and
lying North of the formor right of way of the Florida East Coast Railway
according to a survey made by P.D. Jenkins, CZ and according to the Plat
thereof, as recorded -in Plat Book 1 at Page 68 of the Public Records of
Monroe County, Florida.
EMBPT "A" . LEGAL DGSCRUMON
Exhibit B- Settlement Agreement
17
S ,,TTY •RMENT A, r�,
This Settlement Agreement ("Agreement") is entered into this day of March, 20r07,
by and between Marino County, Florida, a polttieat subdivision of the State of Florida,
hereinafter ("County"), and the Eager Family Limited Partnership, LP, a Florida Limited
Partnership, hereinafter (sager,),
WtTNESSRTH;
A. WHEREAS, on or about February 6, 2006, Eager appealed the. decision of the
County's Planning Director and the County's Planning Staff dotormining that the Calusa
Campground Condominium Association Property ("Calusa Property") needed to be platted; pud
B, WHEREAS, Clio current Land Use Designation for the Calusa Property is
and
C. WHEREAS, on or about February 6, 2006, Eugor appealed the decision of the
County's Planning Dopartniont which alleged that certain Ruoreational V4hie1e Site
Condominium Units ("Units") within the Caluaa Property are subject to the regulations in the
Monroe County Code ("Codo'l which require that specific buffer areas be provided; and
D. WHEREAS, on or about February 6, 2006, Eager appealed the alleged violations
("Vlolationtej of the Monroe County Code issued by the County to soVeral owners of Units
within the Calusa Property; and
B. WHEREAS, the above appeals filed by Eager are currently ponding before the
County's Planning Commission; and
F. WHEREAS, County and Eager mutually desire to effbot a resolution for any and
all land uses and code enforcement matters regarding the Calusa Property, including, but not
limited to, the appeal of the County's platting dotenninatiori, the appeal of the County's buffer
area violation allegations and the appeal of the pztrported violations issued by the County
concerning existing building and Code Violations at the Calusa Property; and
Cq, WHEREAS, there is a dispute about the platting requirement for this RV Park, its
sites and the buffer yard/space requirements;
NOW, THEREFORE, in consideration of the mutual covenants, promisor and
represontstions contained heroin and for otliev good and valuable consideration, the receipt and
sufficiesioy of which are hereby acknowledged, County and Eager hereby agree as follows:
1, �I,�, 'Ilia foregoing recitals are true and correct and are incorporated
herein by =renceaq out in full in the body of this instrument,
2.. The reoorded Site Plan of the Caluaa Property dated Moy h, 2001
and recorded in offioial Records Book 2031, rages 1921-28 of the County's Public Records is
hereby approved and acknowledged as the Calusa Property Sltc Plan ("Plan") for all purposes
going forward,. The County hereby acknowledges and covenants that it will not request or
otherwise require that Eager, the owners of Units within the Calusa Property, or the duly iorrned
association representing the owners, plat or •roplat the Calusa Property sa tong as the Catusa
Property, or any portion thereof, is used according to its current land. use designatioq. The
County further acknowledges and agrees that 010 bulk yardlarea requirements in the YJ nroe
County Code are satisfied and met for all purposes for the current use,
2. UNITS, 1110 County hereby acknowledgos and agrees the
Calusa property contains Throe Hundred Sixty- seven (367) Condominium Units, all of which
are shown on the Plan and all of which may by used for any purpose permitted under the Code in
effect as ofibe date of this Agreement, which Code may be modified from time to time. J
�, BUFI:ER Ci MATTERS.
a. It is understood and npreed that Mager does not agree or admit in
any way that buffer yards or areas are required for the subjeot
Units or other areas in or nbeut the condominium., its Units and
common areas. This agreement is entered into by Eager solely as a
settlement for convenience to resolve all of the issues relating to
the condominium between Eager and Monroe County.
b. Eager agrees to donate Nine and Thirty -Two Hundredths (9.32.t)
acres of unimproved property ("Buffer Property") for conservation
purposes, dosorftd more particularly on Vxhlbit "A" attacbod
hereto and incorporated horein by reference, which is located cast
of the Calusa Property and which has a land use designation of
Suburban Residential (SR) on die County's land use map. In
exchange for Eager's-donation of tho Buffer Property to t110
County in fee simple title, the County agrees to immediately
dismiss, abandon and forever terminate any and all enforcement
efforts and proceedings regarding the roquired buffer areas for
Units 114-120 and Units 481-490 at the Calusa Property as shown
on the Plan, and further agrees in recognition of the fact that the
Buffer Property will be held in perpetuity without development
that Units 114-126 and Units 481.490 shal l not be required to hays
a buffor yard. The County further acknowledges and agrees that
Eager's deeding of the Buffer Property to the County is hereby
considered complete mitigation, total satisfaction and final
resolution of the lending buffer yard enforcement matters and all
issuos relating to the Plan and the development of the Calusa
Property is a condominium so long as the Calusa Property, or any
portion thereof" is used according to its current land use
designat(an. -.
Q. The County further covenants tlmt the Buffer Property will never
be cleared or improved because, as consideration for entering into,
We Agreement, all Transferable Development Rights ("TDRs")
Pasa2 orb
P:lworMmw►h NlpnngatnernlEugor Culuaa\Rovls►onaf EogarAgteemonto3.14•D7smg)INAI-dpa
currently oxistio$ on the Duffer Property will be provided to fla80r,
The County agrees to maintain ttte Buffer Property in its natural
state or as a public park, in perpetuity, and also agrees to name the
Property after (IEOROE W. EAGER. SR. should a represtintdtive
of the Eager Family so request. The Warranty Deed from Gager
shalt contain an express Deed Restriction providing that the Buffer
Property oannot be olaared and that no residential or commercial
buildings can be constructed upon it, The Deed Restriction Shall
be enforceable at law or in equity by Eager, Eager's assigns,
designees or sucoossors-in-interost. County must be satisfied that
marketable title is provided to County by Eager. The transfer shall
occur within 45 clays after the date above. '
4. final on TRAN 1 1 jjB1_E DFVELOPiy T WIT Maw`1'ho County recognizes Four
and Sixty -Six Hundredths (4.66) Tufts an t>7e i3uffor Property. Upon approval of this
Agreement, as provided herein, County will issue till appropriate doaumentation and take 411
action necessary to immediately provide 4agar with access to the TDRs. Fmeager in its sole and
absolute diwretlon may retain, transfer, sell, or dispose of the TDRs as Eager chooses, and the
County hereby covenants and agrees not to object to or fail to consent (if consent is mquirod
undRs, Use of the
applicable
ppl the cable l w ffective to on the date of the uor,q us* of the s that beinb the date of fcnallbe governed by the
d development approval
Pp
by County.
g, pU1L P,5tFWJ_1TA- Tile County agrcas to issue Building Permits
(4'Permits")for utilities and in order to -remedy life -safety and health issues prior to settlement of
all Code Enforcement actions at Calusa Campground. if there are no violations on Units 1-20,
Unite 114-126, and Units 481-490, any otherwise legal permitting shall be allowed, on a unit by
unit basis.
6, . Upon execution of this Agreement, the County agrees to dismiss,
cancel, void and close out all existing (if any) Violations issued against the owners of record for
Units 1-20, Units 114-126 and Units 481-490 with respect to plaiting, lot size, and/or buffer
yards. Further, the County agrees that, upon tMocution of this Agreement, the above Violations
will be deemed paid, remedied and completely satisfied now and forever so long as the Calusa
Property, or any portion thereof, is used according to its current land use designation.
Notwithstanding any contrary provisions contained herein, this Agreement will not proolude the
County ffoni exercising its enforcement Po,10-18 to prosecute other current or future coda
violations of owners of Units in the Calusa Property unrelated to dais Agreement.
7, TR ANSFERADLE rtogo F.XEKPT O
a, 'rho County recognizes the existence of Twenty -Bight (28)
Transferable 11000 Sxemptions CMM) belonging to Eager, for
which the County will issue all appropriate documentation and
tame ail appropriate action to provide to Eager upon final approval,
of this Agreement as provided herein. The TREs may bo used by
Paso A urd
P;1Wonl�c3row�h Manuganlcnl\Gq�{cr4gluea�Revlslonof fingaAB�ocmrn{03-f4.117tlmgpMAl.,,doa
rolotions in
es noteees, heirs and assigns s Ftict at the time of transferxceptne asotherwise
provided for herein.
b. The 28 TREs are transient and currently may be used for transfer
of ROGO exerVOOn/ allocation to Affordable Housing uses 9.5-
120.4(b)b and also can be transferred to hotel and/or motel uses.
e. The TREs may be used notwithstanding and during any
moratorium or other restriction on the transfer of recreational
vehicle sites such as that imposed by Monroe County Section 9.5-
120.5 and 9.5.17.0.6,
d. The TRBa meet the criteria for redevelopment off site, a any
the
planning area in Monroe County. The receiver site mCada � far
criteria in the Monroe County
developmenthodevelopment except for that requiring' a ROGO
score equal to or greater than the $Cora of the sender site.
e, TREs may not be used on Tier 1 property if the Tier system is
implemented as designated by Motu'oe County at the time of the
transfer.
f. In the event the TRR.s are governed by loss restrictive provisions
for uses in the future, the mare liberal shall apply, in no event shall
the uses be diminished by future ohanges in applicable ordinances
or land use regulations.
& GLQ L SETTIaE )M T. This Agreement is entered into relative to and in
consideration of the above -referenced appealfi brought by Eager and is intended to resolve all
issues addressed in those appeals with prejudice, and is further intended to resolve and settle
ogly the platting and buffer yard matters addressed herein between the parties, and the referenced
Unit owners, as to the Calusa Property. It is the intent of the County and gager that all
Violations with respect to platting, lot size, and/or buffer yards, be oariclled, satisfied, and
closed out as to Eager, the development of thr. condominium and the above -referenced Units as.
of the date of this Agreement,
9, Q► QROVAI. ]3Y BOA&D—OF GOi tTP['Y COMMI581ONBltS. Notwitli$tanding
any contrary provision above, the County's acceptance of this Agreement is subject to the
approval of the Monroe County Board of County Commissioners ("SOCC"). Should, for any
reason, the ont is approveto approve the BO C,sof this it shall beffully bindingement, it lall be of no force of effect. If
on he parties as of the above
the Aglreement is alp Y
date.
10. ATTORNKY'S F E . Hach party will be responsible for its own attorneY's fees
Incurred as peat of this Agreement.
E'PATI The singular sliall -include the plural, the plural the singular •-
and use ofNan,gander shall include all g9nders. This headings contained herein are for
convenpence and reference only, and in no way define or limit the scope and content of this
Agreement or in any way affect its provisions.
Pagc 4 or6
P:1Wordlorowt{1 MonagemvnAGaga CalusfllRavlslona4 FogerAgroomon107.14-07amgFINAL.doc
12, ally RABILT'LY_. If any provision of this Agreement is judged to be
unenforeeahle, such provision shall' be ineffeetivo to the extent of suoli uneftanrunlbslity without
i h of
invalidating the remaining provisions hereof, If any provision of this Agreement
two (2} constructions, one (1) of which would render the provision void and the other of which
would render the provision valid, it is the ititent of the parties that suoh prevision have the
meaning which renders it valid.
13. u Rt, RDATION. A fully cxeeuted copy of this Agroetnent signed by all parties
hereto, shall be reoorded in the Public Recar418 of Ma Me County, Florida at Gager's expense
which shall be recorded so as to be found in the chain of title,
14, AMEN ENT Ti?R&LR—iAT=, This Agreement May not be amended,
roodiiled or terminated exoept by written instnimont signed by the parties hereto and recorded in
the Public Records of Monroe County, Florida,
IN WITNESS WHEREOF, the parties. appear and have set their hands and seals on the
date first above written,
WITNESSES:
(I )_-
-Print Flames
(2) - - - - ---
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
C;AOBR FAMILY LIMITED PARTNERSHIP, LP,
a Florida Limited Partnership
By: --
OPORGE W. BAGER, JR., as President of~
Eager Investments, Inc., a Florida corporation
General Partner of Bagcr Family Limited
Partnership, L.P.
)SS:
The foregoing instrumont was aelmowledged before mo this day of
_ �__.,2007, by George W. Eager in his capaotty as President of Eager Investments, the
General ('armor of the Eager Family Limited Pgrtitorship, LP, a Florida iairnited PartnershiP, who
is authorized to bind the Partnership, He is personally known to me or () -produced
as identification.
(]NOTARY 1VT---------~
�lotary Public, S/etc of Florida
faint dame,
Commission No,:
My Commission Expires:
Page 5 06
P.%Wotd\GMW(h Manage,00FAW Ver Caluan�Rnvlslonar8ayurAgroamya<107,14•tl7wny�FMAL,doo
Approved by:
GUS c OR wBLL, ESQ. r
Attorney for Eager pamily Limited Partnership, I.,P,
a Florida Limited Partnership
ATTEST:
DANNY L. KOi,KAGE, CLERK
Deputy Clark
h1k
A
MONROE COUNTY, FLORIDA
Mayor Maria DiGennam
MCNIM COUNTY ATTORNEY
APPROVRQ AS TO FORM:
IMAN
IM�B Y�
ASSISTANT �OVN ATTORNEY
Puga 6 of 6
PAWatd�Qro�vth Manggemc�{U?ggaPCalusu\1ieYlaionofF.uptt•Ag;vomgndl3-14.07AmgFlNAL.cluo
Exhibit A
to
Settlement Agreement
between
Monroe County and the »agar IfIlmily Limited Partnership
Legal 1peactliption
On the Island of Key Largo and being all triat part of IAt 1, Section 28, Township 61 Sonth,
Range 39 East, lying North of a 20 foot rood and lying Nord! of the former right of way of
the Florida
Plat thereof, syrecorded in Flat Book 1, at Page 68, of the public Records
according
of Monroe County, Florid&
)AADMU 1897917 i
12/15/06
Exhibit C- Seasonal Residential Unit Ordinance
NUMBER 001-2008
18
DCA Final Order No.: DCA08-OR-109
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFF
Tn re; MONROE COUNTY LAND +►i �� Is ii'/ ( I
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY `� APR 1 6 2008
ORDINANCE NO, 001-2008 ;
GRn.WT4 NA(VAGEHNT RIvisoy
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
Pursuant to §§ 380,05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2007), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDING$ OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area,
2. On February 13, 2008 the Department received for review Monroe County
Ordinance No. 001-2008 ("Ord. 001-2008"), adopted by Monroe County on January 16, 2008.
3. The purpose of the Ordinance is to adopt amendments to the text of the Monroe
County Code to allow for the conversion of existing recreational vehicle (RV) spaces into
permanent structures for seasonal use by the owner subject to the conditions identified in a
Development Agreement entered into with Monroe County, and subject to compliance with the
Monroe County Comprehensive Plan and Land Development Regulations.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla, Stat., and § 380.0552(9), Fla. Stat. (2007).
DCA Final Order No,. DCA08-OR-109
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Cade.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Slat. (2007). The
regulations adopted by Ord. 001-2008 are land development regulations,
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
'Principles') as set forth in § 380.0552(7), Fla. Stat. See Rathkamp a Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), a "d, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 001-2008 allows for the conversion of a RV space to a seasonal residential
unit by the owner pursuant to a Development Agreement and compliance with the Monroe
County Comprehensive Plan and Land Development Regulations, and is consistent with the
following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(b) To protect shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(c) To limit the adverse impacts of development on the quality of
water throughout the Florida Keys,
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
DCA Final Order No,; DCA08-OR-109
Florida resource,
9. Ord. 001-2008 is consistent with the Principles for Guiding Development of the
Florida Keys Area of Critical State Concern as a whole.
WHEREFORE, IT IS ORDERED that Ordinance No. 001.2008 is found to be consistent
with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern,
and is hereby . R VED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition Is filed as described below.
DO" AND ORDERED in Tallahassee, Florida.
CHAES GAUTHIER, AlRL
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION PROCEEDING, YOU ARE ENTITLED TREQUESTING AN ADMINISTRATIVE
FORMAL HEARING, O EITHER AN INFORMAL PROCEEDING OR A
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
DCA Final Order No.; DCA08-OR•109
PURSUANT TO SECTIONS 120,569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE, IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120,569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER,
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
CON 8 UNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE, IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE, CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
DCA Final Order No.; DCA08-OR I09
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true an rrect copies have been furnished
to the persons listed below by the method indicated this ay of April, 2008,
Paula Ford, Agency Clem
By U.S. Mail
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or fnterageney Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
f, . .
C TY COMMI ION ORDINANCE NO..001-2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE TEXT OF THE
FOLLOWING SECTIONS OF TIM MONROE COUNTY CODE;
AMENDING SECTION 9.5-4 BY ADDING A DEFINITION FOR
SEASONAL RESIDENTIAL UNITS-2.0, INCLUDING IN THE
DEFINITION OF TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL
RESIDENTIAL UNIT AND ADDING A DEFINITION OF TRANSITIONAL
RECREATIONAL VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY.'
ADDING THE USE OF SEASONAL RESIDENTIAL UNIT TO THE
PURPOSE OF THE RV LAND USE DISTRICT; AMENDING SECTION
9.5-244 BY ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR
CONDITIONAL USE IN THE RV LAND USE DISTRICT; PROVIDING
GENERAL REQUIREMENTS FOR APPROVAL, OF SEASONAL UNITS
WITHIN THE RV DISTRICT; ]PROVIDING FOR CODIKCATION;
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOIL FORWARDING OF THIS ORDINANCE TO THE
DEPARTMENT OF COMV IMTY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, There are a total of 11 RV land use districts in unincorporated
Monroe County containing a total of 658 RV spaces and 197 acres;
WHEREAS, Monroe . County recognizes the need for additional flexibility
within tlip RV land use district to accommodate traditional seasonal residents;
WHEREAS, Historically the RV land use district has provided this flexibility,
WHEREAS, Monroe County recognizes the need for flexibility within the
transient use category to provide a seasonal occupancy;
WHEREAS., RV space owners desire the ability to construct new or convert
existing buil4 ings into permanent structures for personal seasonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in
the RV land use district; and
WHEREAS, The Development Review Committee convened on July 24* and
August 60, 2007 to review the proposed text amendment and duly considered
continents and recommendations made by staff and the public; and
WHEREAS, On September 12, 2007 the Planning Commission heard the
proposed text amendment in Marathon and continued it for a second heating on
September 26, 2007 in Key Largo, and in due consideration of public testimony and
the recommendations made by staff at both hearings, the text amendments were
recommended for adoption with minor revisions for clarification purposes only; and
W:\GROW77i MANAGEMENrWCCIGMD Agenda IternA20080I IaSeasonal Units 2nd Public Hearin6ORDINANCE
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IQI
WHEREAS,, On November 14, 2007 at their regularly scheduled meeting in
Key Largo the Board of County Commissioners heard the proposed text amendment at
a 5,00 PM Public Hearing;
NOW, THEREFORE, RE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, THAT:
Section 1, Section 9.5-4 is hereby amended as follows;
Sec. 9.5-4 Definitions -
(S-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities, and kitchen physically arranged to create a houpekeeping
establishment for occupancy by one (1) family, with tenancies• not to exQreed 180
consecutive days.
(T-4) Transient- residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit, or space for parking a recreational
vehicle or travel trailer,
(1r 4.1) Transitional recreational vehicle unit is n. recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing a phased
transition from a traditional recreational vehicle park to a seasonal residential use.
Section 2. Section 9.5-215 is herby amended as follows:
Sec. 9.5-215 Purposo of the Recreational' Vehicle District (RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles gnd other transient units such as seasonal
residential units.
Section 3. Section 9.5 -- 244 is hereby amended as follows:
See. 9.5-244 Recreational Vehicle District (RV).
(a) The following uses are permitted as of right in the Recreational Vehicle District:
(1) Recreational vehicle spaces, RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a
specific, individual recreational vehicle, for a term of less than twenty-eight
(28) days, but placement of a specific, individual recreational vehicle
WAGROWTH MANAGEVIENTWCCIGMD Agenda Itetns1200801 WScasonal Units 2nd Public Heariog\ORDINANCE
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I
(regardless of vehicle type or size) within a particular RV park for occupancies
or tenancies of six (6) months or more is prohibited. Recreational vehicles may
bo stored, but not occupied, for periods of six (6) months or greater only in an
approved RV storage area (designated on a site plan approved by the director of
planning) or in another appropriate district that allows storage of recreational
vehicles. RV storage areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage
of recreational vehicles.
(2) Commercial retail uses of less than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent owner/ employee residential dwelling
units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten (10) percent Of'total spaces allowed or in existence.
(4) Collocations on existing antenna -supporting structures, pursuant to article
VI.l, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article Vll, division 16, section 9.5-434.5(f) "Satellite earth
stations."
(b) The following use is permitted as a minor conditional use in the recreational
Vehicle District, subject to the standards and procedures set forth in article III,
division 3.
(1) Hotels ,providing less than fifty rooms, provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
I Maripa; and
iii. Tennis court.
(2) Attached or detached seasonal residential units, provided that:
a. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9.5-101,
9.5-102 and further defined below.
b. The units meet all land development regulations, floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
W:MOWTH MANAGEMENTIBOCCIGMA Agenda Items\200801161Seasonal Units 2nd Public Hearing\ORMANCE
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c. The development of seasonal residential units shall occur only in gated
RV parks with a managing entity responsible for evacuation.
d. The proposed site is subject to an approved development agreement
with Monroe County detailing at it minimum:
i. All proposed transitional recreational vehicle units;
I A proposed site plan;
iii. A design strategy demonstrating separation of transient unit
types on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines;
iv. A statement of commitment for -the park to adhere to transient
evacuation regulations;
V. A phasing plan, as appropriate, detailing timelines for project
completion;
vi. Access to US l is by way of
i. an existing curb cut;
H. a signalized intersection; or
iii. a curb cut that is separated from any other durb. out on
the same side of US 1 by at least four hundred (400)
feet.
(3) Parks and community parks,
(4) Replacement of an existing antenna -supporting structure pursuant to article
V11, division 16, section 9.5-434.5(b) "Replacement of an existing antenna -
supporting structure;'
(5) Attached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
(6) Stealth wireless communications facilities; as accessory uses, pursuant to
article VH, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;" and
(7) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(i)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(1) Hotels providing fifty. (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
b. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection;
W.NGROWTH MANAGEMENnBOCCIGMD Agenda Items1200801 I613easonat Units 2nd Public Houing10RDINANCE
PC SEASONAL RESIDENTIAL UNITS 09 27 07 with ohangos by PC without strikohroughs or underlines 010208.doc,
Reviewer
Page 4 of 7
iii, a curb out that -is separated from any other curb out on the
same side of JS 1 by at least four hundred (400) feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean sewlevel at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
e. Vessels docket( or stored shall not be used for live -aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C buffer -yard.
(3) Reserved
(4) Land use overlays, A, E, INS, PF, silhiect to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use -district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local xequirements;
and
b. The wastewater treatment facility, wastewater treatment collection
systems) and accessory uses shall be screened by structures(s). designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior of the screening structure shall be established with
the following:
i. One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree, for every ten (10)
liner feet of screening structure; and
H. The required trees shall be evenly distributed throughout the
planting bed; and
iii. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
W'MOWTH MANAGEMENTkBOCCIGMD Agenda ltemsl200801161seasoml Units 2nd Public Hearing\ORDINANCE
PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC without strikethroughs or underlines 010208,doc
Page 5 of 7 Reviewer
Section 4. Severability.. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of.
any part,
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County Code
and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conforms to the uniform number
system of -the Code,
Section 7. Approval by the State Department of Community Affairs. The provisions of
this Ordinance constitUte .a "land development regulation" as State lam► defines that term.
Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380,05(6) and
(11), Floride,.Statutes and to the Secretary of State for the State of Florldg, go required.
Section 8: Effective Date. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
REMAME, R OF PAGE LEFT INTENTIONALLY BLANK
W:IGROW rH MANAGEMENTIBOCCIGMD Agenda Items1200801161Seasonal Units 2nd Public 1•iearing\ORDINANCE
PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC without strikethroughs or underlines 010208.doo
Reviewer
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Colthty,
Florida at a regular meeting of said Board on the 16 th day of Jau. , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie M. Spehar
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Sylvia Murphy
'rig • d� F ••, ,� ,
(S� •i
Arwgsl ` ,ndnny L, olhage, CLERK
B-�.r.,�.� ,
Deputy Clerk
Xas
Yes
ye
Ye— e
Yes
BOARD. OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FL DA
By: ----
Mayor Charles "Sonny" McCoy
rKONAOE OOt1N?YAT1aAHEY
f APPRO jt,6p AO i0 �ffRM
e
ti• c:�
.:7,
t
WAGROWTH MANAOBMENT\BOCC\GMD Agenda ltems120080} WSeasonal Units 2nd Public Het nSORIDI`4kE
PC SEASONAL R1;SIDENTTAL UNITS 09 27 07 with changes by PC without strikethroughs or underlines 010208.doc
Page 7 of 7 Reviewer
IN]
Exhibit D
CASE #
UNIT
OWNER
ITEM REQUIRING CORRECTION
E0409020
34
Lopez
NO PERMITS FOR SHED, SCREEN ENCLOSURE.
04303640, FOR SCREEN ENCLOSURE, NEVER ISSUED
M06110271,
35
Estevez
NO PERMITS FOR SHED, SCREEN ENCLOSURE.
M06110279
37
Castrillon
SHED AND SHADE STRUCTURE
E0612003
38
Orasi
WOOD DECK
NO PERMITS FOR SHED AND SHADE STRUCTURE
,E06120031
39
Garcia
WOOD DECK
NO PERMIT FOR SHED AND SHADE STRUCTURE
E0612004
40
Silva
SLAB
NO PERMITS FOR SHED
E0612004
41
De Castro
NO PERMITS FOR SHED AND SHADE STRUCTURE
E0612004
43
Besu
SLAB CANVAS SHADE STRUCTURE
NO PERMITS FOR SHED
M06120051
44
Valentin
SHED NEVER ISSUED.
E0601020
45
More'on
SLAB.
E0612006
46
Hernandez
SLAB
No pennit for shed & aluminum enclosure.
E0612006
47
Cousineau
NO PERMITS FOR SHED OR SLAB.
E0405015
48
Laurel
SLAB
NO PERMITS FOR SHADE STRUCTURE.
NO PERMITS FOR SHED.
E0612006
49
Gonzalez
TIED DOWN ON JACKS, NOT ROAD READY.
E0612006
50
Barrett
SLAB
NOT ROAD READY UNIT ON BLOCKS.
E0612006
51
Montene r
SLAB & SHED
E0612006
52
Marrero
SLAB
NOT ROAD READY, UNIT HAS SKIRTING.
NO PERMITS FOR SCREEN ENCLOSURE
02-1321C
53
Nunez
NOT ROAD READY, UNIT SKIRTED IN,
02304525-HOT TUB -NO FINALES.
SLAB
SHADE STRUCTURE.
E0612008
54
Chirole
UNIT NOT ROAD READY.
NO PERMIT FOR SHED
E0612008
55
Chirole
SLAB
NO PERMITS FOR LIGHTS.
NOT ROAD READY, UNIT HAS SKIRTING.
M06120084
56
Ortega
03300726 SLAB -OPEN.
Exhibit D
-E06120085
57
Martinez
08301512-SLAB-OPEN.
NOT ROAD READY, UNIT HAS SKIRTING.
E0412004
58
Hernandez
04303164-SLAB-OPEN. NOT ROAD READY, SKIRTING
SCREEN NEVER ISSUED
E0612009
59
Rodriguez
SLAB. NOT ROAD READY, UNIT HAS SKIRTTING
E0612009
60
Diaz
SHED
0612009
61
Barrios
SHED
E0612009
62
Nicolas
SLAB & SHED
E0612009
63
Rafuls
NO PERMIT FOR SLAB.
E0601020
65
Torres
SLAB & SHED
E0612010
66
Torres
03305736-SLAB-OPEN.
NOT ROAD READY, UNIT HAS SKIRTING.
E0612010
67
Abreu
NOT ROAD READY, UNIT HAS SKIRTING.
03305736-SLAB-OPEN.
NO PERMIT OPEN ROOF.
E0701009
68
Lopez
E04090066
SHED, SLAB & DECK
E0701009
71
Pratt
SLAB AND SHED
SKIRTING, FENCE
Not road read
E0701009
72
Hunsberger
No permits for shed & shade structure
E0701009
75
Fernandez
SLAB
Not Road Read
NO PERMITS SHED
E0405015
76
Oliva
SLAB
E03070151
E04050161
CE0701009
77
Jerdani Corf
TIE DOWN, WOOD DECK & SLAB
Not Road Read
-E03070149
79
Hernandez
NO PERMITS ON RECORD FOR SLAB
Have shed.
"E04050151
80
Garcia
SLAB
E0701010
81
Orta
No permits for fence and shed.
ZW4050151
82
Gomez
04302965 ACCESSORY USES EXCEEDS PRINCIPLE
NO PERMITS FOR WOOD DECK & CANOPY
Have shed.
E0701011
84
Perez INo
permit for fence.
E070 10111
85
Jimenez INOT
ROAD READY
Exhibit D
SHED
E070 101 F
86
Ca on
No final on permit # 04300680.
E070 10111
87
Martinez
NO PERMIT FOR SHED.
E07010111
89
Chirole
Not road read . No final on ermit # 02302110.
E0701012
90
De Arce
No permit for shed.
E0701012
91
Llama
No permit for shade structure, pavers & wood deck.
E0701013
92
Lima
DECK AND SHADE STRUCTURE
NO PERMIT FOR SHED
E0601020
93
Labrador
No finals for aluminum enclosure & slab.
No permit for shed.
CE0704021
94
Furones
No permit for concrete slab poured 4-24-07
E0701013
95
afd Transpo
No final on permit #0230005.
E0701013
99
Baker
No permits for central air conditioner and shade
structure.
124
Not road ready.
E0601019
126
Molina
No permit for wooden fence & deck.
02-1365C
200
Lamas
SHED PERMIT.
CE03040180
PROPERTY HAS A FINE & LIEN
CE0612002
201
Duran
VACANT NO PERMITS FOR SLAB
202
VACANT NO PERMITS FOR SLAB
E0611025
203
Gonzalez
NO PERMITS FOR SHED AND SLAB
E0611025
204
Duran
NO PERMITS FOR SHED & OPEN ROOF
205
VACANT
NO PERMITS FOR SHED AND SLAB
CE0611023
206
Delgado
NOT ROAD READY UNIT HAS SKIRTING
02303341-SCREEN ENCLOSURE -VOID
02301417-SLAB-OPEN
CE06110261
208
Alvarez
NO PERMITS FOR SLAB
CE0611027
209
Ballester
02301496 NOT FINALED
210
VACANT
CONC SLAB NO PERMIT
ICE06110271
211
Goodrich
05302012-SLAB-VOID
Exhibit D
CE0404024
212
Hernandez
SHED, OPEN ROOF
04303090-VOID.
CE0611027
213
Peter
NOT ROAD READY, UNIT HAS SKIRTING.
05302196-TILES-OPEN. 03300677-SLAB-OPEN.
CE0612000
215
Alfonso
05301713-SLAB-OPEN.
CE0612000
216
Nicholls
05302425- atio roof & screenroom-o en. 05302011-patio slab -open.
217
VACANT NO PERMIT FOR SLAB.
218
NO PERMITS FOR, SHADE STRUCTURE SHED WOOD DECK.
CE0612003
219
Downing
NO PERMITS FOR, SHED, SLAB WOOD DECK,
SHADE STRUCTURE, BOAT PORT.
CE0612003
220
Balu'a
NO PERMITS
CE0612003
221
Rubi
NO PERMIT FOR SHED AND STONE SLAB
E0601020
222
Johnson
NO PERMITS
CE06120029
E0403022
223
Moropa
No permit for canvas shed
E0601020
224
Manatee
VACANT, NO PERMITS
Landing LLC
225
VACANT
NO PERMITS
CE0612000
226
Sunset VieA
No final for permits. No permit for concrete slab.
LLC
CE0612002
230
ktorresagast
No permits screened enclosure and shed.
231
Permit 08302012-2 decks & fence -open -good till 11/29/08
SLAB AND WOOD DECK
CE0612002
232
Cambo
concrete slab & fence -no permits
CE06120011
234
Hutchins
E0601022
245
Gomez
fence,slab
NOT ROAD READY, UNIT HAS SKIRTING
7,06010215
246
Viciedo
No permit for aluminum enclosure, shed,fence,slab
NOT ROAD READY, UNIT HAS SKIRTING
E0601021
247
Barrios
NOT ROAD READY NO SHED PERMIT
UNIT HAS SKIRTING.
0612001
253
Martinez INo
permit for shed. No final for ern -it #02302165.
Exhibit D
2060102P
254
Rebull
Not road ready. No final on permit #03304327 for screen
04301040 ISSUED 03302185 FINALED 03304327 ISSUED
E0612001
255
Alvarez
M04040271
256
Alvarez
FENCE
No final on SLAB
E0612001
257
Rojas
E0612001
258
Dorta
E0701009
260
Audrain
No permits for shed or fence
E0405014
301
Gonzalez
No permit for shed.
permit 05300489 for pw. Pedestal not issued
E0612001
302
Orasi
No permits for shed and slab
permit 03301374 for demo wood deck no inspection
permit 053000488 for pw pedestal not inssued
E0612001
303
Jimenez
No permits for shed, slab and pavers.
permit for ATF shed & concrete slab-07303147 no final
permit 05300490 for power pedestal -not issued
E0307014
304
Perez
No permits for wooden deck slab and shed.
E0612001
305
Diaz
M061200M
306
Gonzalez
No permits for shed and pavers.
E0612002
307
Beoto
No permits for shed wooden deck and slab.
Not road ready.
M06120021
308
Garcia
shed
pedestal. No permit for wooden deck.
Not road ready.
E0405014
309
Sanchez
No permits for wooden deck, shed and slab
Not road ready.
E0612002
310
Guidi
Not road ready.
E0405014
311
Fernandez
No permits for canvas shade structure slab and deck.
E04030023
Not road ready.
E0403002
312
Perez
NO PERMIT FOR SHADE CANOPY,
NOT ROAD READY UNIT HAS SKIRTING.
NO PERMIT FOR SHED.
E0409021
313
Dunkley
0430335 concreate slab/aluminum roof over
E04030028
NOT ROAD READY, UNIT HAS SKIRTING.
F:::�
NO PERMIT FOR SHED.
Exhibit D
-E04050141 314
Milian
NO PERMIT FOR SLAB,SHED OPEN ROOF.
E04030029
NOT ROAD READY.
E04090216
'E0612012d
315
Leon
NOT ROAD READY.
E0612012
316
Leon
NO PERMIT FOR SLAB.
E0505029
317
Labrador
ATF 05302495-SHED
NOT ROAD READY
E0612013
318
Reece
NOT ROAD READY, UNIT HAS SKIRTING.
E0612014
319
Falcon
NOT ROAD READY,
CE06120151
320
Ramos
NO PERMITS FOR SHED. NOT ROAD READY.
01-0763C
326
Suarez
No permit for wooden dock and shed.
E0404019
327
Fernandez
NO PERMIT FOR SHED.
329
VACANT NO PERMITS FOR SLAB.
E0702027
330
Carrero
No permits for slab
E0612002
331
Hernandez
No permit for shed.
#01304710- atio slab over small slab -no final inspect.
E0702003
332
Ale'o
No permits for shed, white picket fence and shade
structure.
:;E0702003d
333
Moreno
No permits for shed and shade structure frame.
no permits a lied for or issued for shed,shade struct
CE0702003
334
Duran
No permits for pavers and shade structure.
no permits applied for
CE06010221
338
Contador
NO PERMIT FOR SHED.
E0702003
339
Marrero
No permits for shed and wooden deck.
#02301777-slab has no final inspection
:M0702003q
340
Williams
No permits for shed, wooden deck, concrete slab
and shade structures.
E0702003
341
Oliveira
No permits for shed, wooden deck, concrete slab, FENCE
E0702004
342
Perez
No permits for shed, wooden deck, concrete slab
and shade structure's frame.
E0702004
343
Guillama
No permits for shed and wooden deck.
E0702019
344
Guerra
NO SHED PERMIT
Exhibit D
no permits applied for or issued
E0702004
345
Rodriguez
No permit for wooden deck and concrete slab.
no permits applied for or issued
E0405015
346
Duran
No permit for slab.
Permit #04303018 not issued.
E0702004
347
IGonzalez
No permit for slab.
E0702004
348
Hernandez
No permits for deck and screen enclosure.
02-1234C
No permit for shed.
CE070200511
349
Herrera
No permits for shed.
E0702005
350
Ramirez
No permits for shed and concrete slab.
E0702005
351
Ale'o
No permits for shed slab and white picket fence.
02-1235C
352
O'eda
No permits for shed, wooden deck concrete slab,
E07020055
and shade structures.
E0702005
353
Valdes
No permits for shed, wooden deck and concrete slab.
E0405013
354
rez & Rom
No final for permit #0203582.
E0702006
355
Baltar
No permits for shed, wooden deck and concrete slab.
CE07020061
356
Fontela
No permit for shed. Not road ready.
357
SHED,SLAB VACANT
E0702006
358
No permit for mobile on blocks.
E0702006
359
Martinez
No permit for shed . Not road ready.
E0702006
360
Enri uez
Not road ready.
NO PERMIT FOR SHED, AND DECK.
E0405015
361
Lopez
No final for aluminum roof. No permit for slab.
E0702007
361B
Dis irito
No permits for shed & shade structure.
Exhibit D
-E07020061
362
Abad
No permits for slab,shed and wooden deck.
E0702006
363
O'Farrell
No permit for shed.
E0702007
364
Castro
No permits for shed and slab. Not road ready.
M0702007d
365
Labrador
No permits for shed and slab.
E0702007
366
Labrador
No permits for shed and screened enclosure.
Not road ready. No permit for wooden deck.
E0405015
367
Barrios
No permits for wooden deck and SLAB
E04030035
M07020081
368
Marrero
No permits for shed and slab.
E0702008
69
Portal
No permits for shed and slab.
E0702008
370
Ravelo
No permits for shed and slab.
E0702008
371
Hernandez
No permits for shed and slab. RV is not road ready.
M0702008i
372
Perez
No permits for shed, slab, shade structure and
avers.
E0702008
373
Bersani
No permits for shed and slab.
E0702008
374
Veliz
No permits for shed and shade structure frame.
04300244-SLAB-OPEN.
02300435-SLAB-NO INSPECTIONS.
E0702008
375
Benitez
No permits for shed and slab.
0702008
376
Beoto
NO PERMITS FOR SHED, WOODEN DECK,
E0702008
377
Fernandez
Nopen-nit for shed.
E0601022
378
Gonzalez
No permit for shed and wood deck.
E0405014
379
Fernandez
No permit for slab.
E03070140
Not road ready. No permit for wooden deck and shed.
E0702009
380
Gonzalez
No permit for shed. RV on blocks.
Not road ready.
E0702012
381
Gonzalez
No permit for shed and slab. RV on blocks.
Not road ready.
E0702012
382
Hen -ere
No permits for shed and wooden deck.
Not road ready.
E0702012
384
Lopez
No permits for shed and slab.
E0702012
385
ussi-Macha
No pe its for shed and screen enclosure.
Not road ready.
Exhibit D
E07020121
386
Menendez
No permits for shed slab screen enclosure and
shade structure frame. Not road ready.
702012
387
De La Torre
No pennits for shed, slab, screen enclosure and
shade structure frame. Not road ready.
M07020131
388
Say Pedro
no permit for shed, slab and pavers
not road ready.
392
SLAB, NO PERMIT - VACANT LOT.
E0702013
393
Nunez
No permits for shed,slab, avers and shade structure.
Not road ready.
E0702013
394
Garcia
No permits for shed,slab,decks and shade structure.
Not road ready.
E0702013
395
Lugo
No permits for shed, slab and shade structure.
Not road ready.
E0702013
396
Maresma
No permits for shed, deck and shade structure.
Not road ready.
-EO403004S
401
Lopez
04303256 PERMIT FOR WOOD DECK NEVER
04090217
ISSUED, NO PERMITS FOR SLAB & SHADE
STRUCTURE
Not road ready, have skirting.
E0700013
402
Herrera
NO PERMITS ON RECORD FOR SLAB, SHED
M07020141
403
Orta
NO PERMITS FOR SHED CONCRETE SLAB
CE07020141
404
Ganda
NO PERMITS FOR SLAB
Not road ready,skirting screwed in.
E0601019
405
Castilla
PERMIT #03305092 FOR TILED SLAB - OPEN
NO PERMITS SHADE STRUCTURE OR SHED
Not road ready, have skirting.
E0702014
406
Iglesias
NO PERMIT FOR SLAB
CE0702015
407
Fernandez
NO PERMIT FOR SLAB,
PERMIT #08303225 TREE REMOVAL - OPEN
CE07020151
408
Garcia
NO PERMITS FOR FENCE DEMO OF SHED,
CE05050311
SLAB SKIRTING
Permits APPLIED for but never PICKED UP
#05305754 and #05303431
CE0307013
409
Guion
NO PERMITS ON RECORD FOR SLAB
CE07020153
There is a shed on site.
Not road ready.
CE0702015
410 1
Feliz IThere
is a shed on site.
Exhibit D
CE0702015
411
Hawkins
SLAB SHED
Not road ready.
CE0702015
412
Polo
PERMIT 03304242 FOR SLAB - OPEN
There is a shed on site.
E0702016
413
Quintero
NO PERMITS ON RECORD FOR SLAB
There is a shed on site.
E0702016
414
Diaz
PERMIT #04300802 FOR SLAB & FENCE - OPEN
E0702016
415
Sanchez
M07020161
416
Lakkundi
Aluminum screen enclosure
M0702016g
417
Pena
NO PERMITS ON RECORD FOR SLAB SHED
CE0702016
418
Hernandez
NO PERMUS ON RECORD FOR SLAB, SHED
--E0307014q
419
Diaz
NO ATF PERMIT FOR CONCRETE SLAB.
Have shed.
E0702016
420
S asiuk
01304536 FOR SLAB - OPEN
NO PERMTr FOR WOOD DECK
Have shed.
E0702016
421
Di Nicola
Have shed, slab
Not road ready.
-E07020161
422
Di Nicola
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE and shed
Not road ready.
E0307014
424
Cortina
NO PERMITS ON RECORD FOR SLAB
E0702017
425
O uendo
NO PERMITS ON RECORD FOR SLAB
426
VACANT
NO PERMITS FOR SLAB, & SHED
01-0770C
427
Morrissey
NO PERMITS ON RECORD FOR SLAB &
E07020179
ENCLOSURE WOOD STORAGE UNIT
ATTACHED TO RIV
Have shed.
Not road ready,
E0702017
428
Latour
NO PERMITS FOUND FOR WOOD DECK
Have shed.
E0702017
429
Reina
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
1:m, IT97997
E0702017
430
cotic Center
03304099 FOR SLAB & ALUMINUM PATIO - OPEN
Have shed.
"E07020171
431
Der
03301844 FOR SLAB - OPEN
NO PERMIT FOR SCREEN ENCLOSURE
Have shed and canvas tubing.
Not road ready.
=07020181
432
Michel
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE, ALUM TUVE/CANVAS & WOOD
DECK
Have shed.
E0702018
433
Rios
NO PERMIT FOR SLAB & SHADE STRUCTURE
Have shed. On blocks- not road read
E0702018
434
Bello
NO PERMITS ON RECORD FOR SLAB
On blocks- not road read
E0702018
435
Sebastian
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE, CANVAS SHADE ADDED
Have shed.
E0702018
436
Eager Famil
NO PERMITS ON RECORD FOR SLAB
Have shed.
437
VACANT - NO PERMITS ON RECORD FOR SLAB
E0702018
438
Perez
NO PERMITS ON RECORD FOR SLAB & SCREEN
ENCLOSURE
Have shed.
Not road ready.
E0702019
439
Sanchez
00303755 FOR OPEN PATIO, CONCRETE SLAB &
01302943 - CLOSED
Have shed.
Not road ready.
IE07020191
440
Gardenache
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
Not road ready.
=04090001
441
Hernandez
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE TURNED INTO SCREEN ROOM
Have shed,
E0405015
442
Rodriguez
Have shed.
E07020193
E0405015
443
Corrales
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
445
VACANT - NO PERMITS ON RECORD
446
IVACANT
- NO PERMITS ON RECORD
Exhibit D
E0702019
447
Martinez
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUTURE, OR WOOD DECK
Have shed.
Not road ready.
E0702019
448
More'on
01304495 TREE REMOVAL - EXPIRED
02303999 DEMO OF FENCE, CANVAS - EXPIRED
Have shed.
Not road ready.
E07020120
449
Palmer
NO PERMITS ON RECORD FOR SLAB
Have shed.
Road ready.
E07020120
450
Triana
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
E0702020
451
Egued
NO PERMITS ON RECORD FOR SLAB, TUBE &
CANVAS
Have shed
E0702020
452
Rodriguez
NO PERMITS ON RECORD FOR SLAB
Have shed & aluminum poles canvas
E0702020
453
Martin
NO PERMITS ON RECORD FOR SLAB, TUBING
& CANVAS
Have shed.
E0702020
454
Perez
NO PERMITS ON RECORD FOR SLAB, ALUMIN.
FRAME & TUBING FOR CANVAS
Have shed.
E0702020
455
Delgado
02303648 FOR SLAB -EXPIRED
Have shed.
E0702020
456
Stalder
NO PERMITS ON RECORD FOR SLAB
Have shed, tubing & canvas.
E0702020
457
Winne
NO PERMITS ON RECORD FOR SLAB, CHAIN
LINK FENCE
E0702021
458
Lopez
NO PERMITS ON RECORD FOR SLAB
459
VACANT - NQ PERMITS ON RECORD FOR SLAB
-E0307013q
460
Reyes
NO PERMITS FOR SLAB & SHADE STRUCTURE
E07020211
CE070202E
461
Cruz
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed. Tubing & canvas
r—E07020211
462 1
Martinez INO
PERMITS ON RECORD FOR SLAB & SHADE
Exhibit D
STRUCTURE,
Have shed and skirting,
E0307013
463
Suarez
NO PERMITS ON RECORD FOR SLAB
shed
E0702021
464
Rodriguez
NO PERMITS ON RECORD FOR SLAB, WOOD
DECK, TUBING & CANVAS
GROUND
Have shed.
E0702023
466
Rodriguez
NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
'�E03070151
467
Barcelo
01302912 ATF REPAIR OF DECK W/STAIRS &
E07020216
INSTALLATION OF SKIRTING, RE -PLACING THE
EXISTING DECK & SKIRTING - VOID
Have shed,
Not road ready.
E0601018
468
Mendez
03302205 FOR ALUM SCREEN ENCLOSURE -
NEVER ISSUED, NO PERMIT FOR SLAB
E0702021
469
Ortiz
NO PERMITS ON RECORD FOR SHADE STRUC.
& WOOD DECK
Have shed.
Not road ready.
-E070202li
470
Bello
NO PERMITS ON RECORD FOR WOOD DECK &
SHADE STRUCTURE
Have shed.
Not road ready.
471
VACANT - NO PERMITS ON RECORD
E0702022
472
Padron
NO PERMITS ON RECORD FOR WOOD DECK &
SHADE STRUCTURE
Have shed tubing& canvas shade structure.
Not road ready.
E0307015
473
Valdez
NO PERMITS ON RECORD
Have shed.
Not road ready.
E0702022
475
Vega
Have shed, tubing & canvas shade structure.
E0702022
476
Hernandez
Have shed, tubing & canvas shade structure.
E0702022
477
Arta eta
05301486 SCREEN & ROOF - NEVER ISSUED
Have shed.
E0702022
478
Luis
NO PERMITS ON RECORD FOR SLAB &
ENCLOSURE, SHED ADDED
Not road ready.
Exhibit D
CE0611025
481
Nosti
NOT ROAD READY
NO PERMIT FOR SCREEN PORCH, NOT ROAD READY.
CE0611025
482
Perez
NO PERMITS FOR PLASTIC ENCLOSURE, OR SHEDS Xthme
Not road ready.
0611026
484
Reina
No permits for shed and slab. Mobile home on
blocks. Not road ready.
E0611026
485
Salzer
NO PERMITS FOR SHED
E0611026
486
Oliva
THERE ARE PERMITS ON FILE
E0611026
487
Palmer
NO PERMITS, SHED, SLAB,SHADE STRUCTURE.
0611026
488
Perez
NO PERMITS FOR SHED
-E0611026i
489
Sanchez
NO PERMIT FOR SHED
-E0702022S
490
Sanchez
08301004 TREE REMOVAL - OPEN
05302540 ATF SCREEN ENCLOSURE W/SLAB
APPLIED FOR - NOT ISSUED
Have shed
E0702023
491
Rodriguez
SHADE STRUCTURE and shed
E0702025
492
Ramirez
NO PERMITS ON RECORD FOR SHADE STRUC.
CONCRETESLAB
Have shed.
E0702025
493
De Urrutia
NO PERMITS ON RECORD
E0702025
494
Gomez
shed
E0702025
495
Valdes
NO PERMITS ON RECORD FOR SHADE STURCT.
Have shed.
E0702026
496
Meyer
NO PERMITS FOUND FOR SCREENED SHADE
STRUCTURE
Have shed
-E07020261
497
Mala on
05303915 TREE REMOVAL - OPEN
01304332 FOR CONCRETE SLAB ONLY - OPEN
CE07020261
498
Orasi
NO PERMITS ON RECORD FOR SHADE STRUCT.
WOOD DECK
Have shed
Not road ready.
E0702026
499
Pena INO
PERMITS ON RECORD FOR SHADE STRUCT.
WOOD DECK
Exhibit D
DECK ALSO SKIRTED
Not road ready.
:X0601017i
501
Iglesias
No permit for slab, aluminum enclosure and shed
with airconditioner. Not road ready.
:M0702026i
502
Ginoris
No permits for shed, fence, concrete slab
Not road ready.
No permit for screen enclosure
E0702026
503
Martinez
Not road ready. Enclosure attached to RV.
No permit for shed
E0601018
504
Del Rio
No permit for wooden deck, and shade structure
No germits applied for or issued for anything
505
R/V ON SLAB, WITH SHED
No permits for concrete slab wood deck and shed.
E0702026
506
Herrera
No permit for shed.
E0702026
507
Perez
No permits for concrete slab wood deck and shed.
No permit for alum. Shade structure
E0702027
508
Vera
No permit for shed. No final on permit # 03302746
Permit 03302253-Slab complete/ screen room -no final
CE0701018
509
Oliva
Not road ready. No final for permit #02313646.
No permit for wooden deck.
No permit for canvas enclosure
E0701018
510
Fernandez
No permit for wood deck
No permit for slab
E0701018
511
Alfonso
No permit for shed and concrete slab.
SHED ADDED
E0701017
512
Fernandez
No permit for shed.No final on permit #03302257.
Permit 03302558-screen porch on exist.slab-complete
E0701017
513
Sancho ert
No permit for fence and shed.
E0701017
514
Gonzalez
No permit for shed and slab. Enclosure attached
to RV. Not road ready.
Exhibit D
SHADE CANOPY ADDED.
E0701017
515
Hernandez
No permits for concrete slab, wood deck and shed.
,E07010171
517
Ruiz
No permit for shed and fence.
No permit for shade structure
:3E07010171
518
Galvez
No permit for concrete slab.
No permit for screen enclosure
E0601018
519
Ramirez
No permit for shed.
CE0701010
520
Martinez
No permit for shed.
CE0701016
521
Ramirez
No permit for shed.
CE0701016
522
Vera
No final on permit # 03303352.
523
NO PERMITS ON RECORD FOR SLAB
VACANT
CE0701016
524
Rodriguez
NO PERMITS ON RECORD FOR NEW SCREEN
ENCLOSURE
Have shed.
0701015
525
Luis
NO PERMITS ON RECORD FOR TILED SCREEN
ENCLOSURE
Not road ready.
0701015
526
Perdal
NO PERMITS ON RECORD FOR SHADE STRUCT.
& DECK
Have shed.
E0701015
527
Rios
NO PERMITS ON RECORD FOR ENCOSURE,
GLASS BAR/CABINETS
Have shed.
Not road ready.
CE07010154
528
Galvez
NO PERMITS ON RECORD FOR ATTACHED
SHADE STRUCTURE & WOOD DECK
Have shed.
Not road ready.
E0701014
529
Hernandez
NO PERMITS ON RECORD FOR SHADE STRUCT.
W/WOOD DECK
Have shed.
Not road ready.
'-E07010141
530
Rodri uez INO
PERMITS ON RECORD FOR SHADE STRUCT.
W/WOOD DECK
Have shed.
Not road ready.
E
Exhibit E
CASE
UNIT
OWNER
VIOLATION RE UBUNGCORRECTION
to o0
t va
coopy
0 00
u
omenNO
PERMITS CARPORT.
u.ezNO
PERMIT FOR ALUMINUM ROOF
t e —
NO PERMITS FOR AL
mtmez
amen ez
0NO
PERMITS FOR OPEN ALUMINUM ROOF
_
az
NO PERMITS FIR ALUMINUM ROOF.
emoa
NO PERMITS FOR ALUMINUM ROOF.
—
teo m
NO PERMITS FOR CARPORT.
Foraffladez
ALUMINUM ROOF
—CEDWIFIV
No pcima for aluminum mot
iNO
PERMITS ON RECORP FUR ALUMINUM ROOF
a
No pumil foraluminum roo
Jimenez
NUPERMYTSPATIOENGLOSURH
o toa
rum
NO PERMITS FOR ROOF OVER SLAB
rmTpufw-
em ez
NO PERMITS FOR OUTSIDE r ITCEEN.
MUMMY-
215
Alfonso
U43U9679-PATIO ROOF -OPEN
o penint for toilet & pl=btn&
m ins
No permit r aluminum mot
mez
No rl s withelectric water,
umrnum Tool.
LvgffgFlTffra
o
Kitchim
C 102
-254
Rebull
too do
5
Alvarez
o its Il r concmte slabs a structure
wood deck and two sbcds.
CE040 271
5
Alveres
No finals on patio mof
E06120014
257
Rom
Refrigemior on the poreb.
CB06120015
259
Dorta
Permit 0 8 Patio Roofissued on final
120017
30
hmenezpamit
04303692 f" patio woof -.a issued
C 1 0018
305
Droz
peimit for alum mo na Laved
TRU25-6-2i
308
'a
Permits not t..d lbir bmit Hit and e eetnod
4 50143
309
Sanchn
No Its for alum mm porch woo electnc dockside
CED4050142
311
Femandea
No permits lbraluminan voich mcfaud kitchen
03 23
24
315
Leo.
033030 5-F UR WALL ROOF -OPEN
CB050502 7
7
or
ROOF OVER SLAB -OPEN
PLUMBING
CE06120140
319
Falcon
OPEN PERMIT PATIO ROOF.
CE06120158
3
Ramna
53 82-ELECTIC PEDESTAL -OPEN
OPEN ROOF
E5 2 71
l
acmm
CAR PORT
200 9
rve ra
EARPURT
E04 01 5
no
AL OF
CE07020052
5
emrrezPermit
2302770for mofnot issued.
roof its now voided
—CE0 157
367
Bemos
AWNING ALUM04UM ROOF
Exhibit E
90o3�Y7�Y7T�!:Ci®�"ff
DIET.�I�T•(1!f'7.i r�l:b7iTld']:T2�
[«3.ry7�i7�1�1'f:1
(E�j]��"�
. i•1 .
[�SYhY?ll'C•1((ij!,[T-'T^!A
i � I �. I , a•
[«�:6FTICiIm[37r!A/.nlG`t
LdaiI�Y7�SCF.7
�lt��
i
Ld7�ii�il�IL[•7�0
�l?�Cy\:i'/.F'C✓.\7:
�Ti: rY �.l'i:i7[T.MCr7:ii.�
[Ii7�Y7�Y7i1Fifl�jr]
�i::7Ju1�l�e:'[Il:I;77«rj;7�T:rY7.`fa�.:[�
CM`3�il�i?�SFi1�I�:R!TR7fa�a'76Yar7I':I7rT7TJ«:
C«��Y76IlFi7
(<jj�iT7f:i77
�:7�il w�i31)Ti �;17: TT:TJ\:l'/.\�'[;I�TJ_
Ld•7,SI,S t�lii 7
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[Ii:�lI�Y7�iF1:1�ti'1T767F!lil:Il}.?A7�T•�:[a:IA
rli4li�7iiTUf7fdM i:7I1)♦
Exhibit F- Site Plan
19
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Exhibit G- Evacuation Plan
CALUSA CAMPGROUND ASSOCIATION
EVACUATION PLAN
Calusa employs a full time management team that manages the operation of the campground,
including the evacuation of the campground in the event of a Visitor Evacuation Order. The
management office will monitor all Atlantic Hurricanes to evaluate the potential threat to the
Calusa Campground. Upon issuance of a Visitor Evacuation Order by Monroe County, the
management team will take the following actions:
1. Immediately a notice of the Visitor Evacuation Order will be placed on the gate at the
entrance to the Campground Property that a Visitor Evacuation has been ordered by
Monroe County.
2. No new guests will be admitted to the campground property.
3. No persons will be admitted to the campground property for any purpose other than to
secure any loose items that may become projectiles, or to gather vehicles and/or other
persons to evacuate Monroe County.
4. The management team will start a phone bank to notify all occupants that a Visitor
Evacuation Order has been issued and all occupants must evacuate Monroe County
immediately.
5. The management team will contact Guys Towing Service to arrange to tow all RVs that
have not been removed from the campground property six (6) hours after the Visitor
Evacuation Order is issued to the designated RV storage area on the site plan.
6. Four (4) hours after the Visitor Evacuation Order is issued, the management team will
direct the security personnel to patrol the campground property to demand all remaining
occupants immediately leave the campground property.
7. Six (6) hours after the Visitor Evacuation Order is issued, the management team will
coordinate with the towing service to tow all RVs that have not been removed from the
campground property to the designated RV storage area on the site plan.
8. The management team will secure the RV storage area and verify all occupants have
evacuated the campground property.
20
AFFIDAVIT
(State of Florida)
(County of Monroe)
Before me the undersigned authority, personally
appeared on dlyl) a (4 2009 , who, after being duly
sworn deposes and a�at the following statements are true and correct
to the best of his/her knowledge and belief.
The
was
on the 46 day of 2009. This waterproof sign(s)
contained an area of a least 11" x 17". The sign containing the legal
notice was placed on the property in compliance with the 15-day posting
requirements of the Monroe County Code. The property was posted to notice
a public hearing before the Monroe County Bo rd of County Commissioners
to be held on - / /)�AI
The sign(s) are clearly visible from all public streets adjacent to this
property.
2 A photograph of that waterproof sign(s) containing
legal notice V i1ttached hereto.
Print name3heyia v-avucvl Date
.3?S
Address61 Za=
(/
STATE OF FLORIDA City, State, Zip
COUNTY OF MONROE
The foregoing instrument was acknowledged be orre me this e!4 day
of �� I 2009_by_ .f1ar-1' o Qdra7 i
who i person:a1:1]Y:k�nown m or who has produced
as ident take an oath.
N 0 T A��,/U�
Sign ��/�
Print
NOTARY PUBLIC -STATE OF FLORIDA State o f F4o r i d a at Large (seal)
Margaret E.S. Warnaar My Commission expires:
I 'Commission #DD695777 �u �y ( 7-
'••.;�'.���Expires: JULY 17
BONDED THRU ATLA&71C BONDING Co., INO
�4i�'�l
C i��ra .
•rr r.'.f•
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fa
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. . . . . . . . . . . . . . . . .
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